Monday, October 18th, 2021

May 10, 2010 Commissioner’s Minutes




May 10, 2010 @ 1:00 P.M.

Commissioners/Council Public Meeting Room


Those Present:  County Commissioners:    Eric E Roberts  Thomas E Wilson  Don VonderMeulen

County Auditor:  Susan A Jones

Commissioners Secretary:           Carol Westerman

Eric Roberts opens the meeting with the Pledge of Allegiance. 

WEEKLY REPORT – Susan Jones, Auditor reported that taxes are due today, May 10, 2010.


VETERANS SERVICE OFFICER MONTHLY REPORT – MOTION – Eric Roberts moved we acknowledge the Veterans Service Officer Monthly Report for April 2010.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

BLUE CREEK ROAD BRIDGE 94 LPA CLAIM VOUCHER NO. 1 – Received LPA Claim Voucher No. 1 for Reimbursement of Construction Engineering Services for Blue Creek Bridge 94 in the amount of $7,382.08.  MOTION – Don VonderMeulen motioned for Eric Roberts to sign LPA Claim.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

4-H AGRICULTURAL BUILDING – Larry Franzman, Area Plan Director had presented a letter dated May 7, 2010 with regards to the Poultry and Rabbit Building the 4-H wants to build at the Fair Grounds.  Todd Raible, a local contractor had applied for building permit release and with the fire codes being changed had caused the shelter type building for poultry and rabbits to have a sprinkler system installed at the Fair Grounds for the 4-H Fair exhibits. If the building would be called an Agricultural Building if would not need a permit, but would be a shelter and could never be enclosed with permanent walls.  MOTION – Don VonderMeulen made motion to permit the construction of an Agricultural Building on Fair Grounds for Shelter for poultry and rabbits and building to never be enclosed with permanent walls due to fire code, per the Department of Homeland Security.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

ANDERSONVILLE DRAINAGE PROJECT UPDATE – Gary Ladd, Engineer for the Andersonville Drainage Project had plans and the project manual for the project.  Bid Specifications were advertised and due to be opened on May 24th @ 1:00 P.M.  The Pre-Bid Meeting is set for May 17th @ 10:00 A.M.  There are still some outstanding issues that need to be address, one of them being a line outside the easement.  In the Bid Specifications set up a couple of alternate bids, an add in for a pipe under State Road 244 and a deduct for a property owner that had not yet signed the revised easement, this could be taken out of the project.

TAX SALE SERVICES GUTS, INC. – Received a revised contract from Government Utilities Technology Service, Inc.  MOTION – Don VonderMeulen motioned to enter into contract with (GUTS) Government Utilities Technology Service, Inc. for Tax Sale Services for 2010 as recommended by Rebecca Oglesby, Treasurer.  Tom Wilson seconds and states feels SRI is the best for the County, but will go with GUTS for one year.  Eric Roberts, Opposed.  Motion carried 2 – 1. 

UTILITY CLAIMS – MOTION – Don VonderMeulen motions to approve the Utility Claims.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

INFIRMARY CEMETERY – It was reported by the Cemetery Commission there is a Contract for Matt Campbell to restore the Infirmary Cemetery and needs permission from the Land Owner which is the Board of Commissioners to apply for needed permit from the Department of Natural Resources to probe the ground for missing pieces of tombstones.  MOTION – Eric Roberts moved we sign Letter granting permission.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

BULL FORK ROAD SLOPE STABILIZATION – The Title Sheet had been presented for the Bull Fork Road Slope Stabilization Project per Tom Wilson’s request for cost estimate and have plans prepared.  Project will need to have funds appropriated.  George has estimated the project to cost $122,003.33.  Also feels some of the damage was called by REX.  It was said that Bull Fork Road itself cannot be fixed until the slide area is repaired.  Tom Wilson will put in for an additional out of REX Funds for the repairs.  Both Eric Roberts and Don VonderMeulen agreed it needs to be repaired.  MOTION – Tom Wilson motioned to sign Title Sheet for Bull Fork Slope Stabilization Plans pending County Council’s Approval of Appropriation.  Eric Roberts seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

COUNTY LINE ROAD CULVERT RA-1901 – Eric Roberts reported that he and George Hartman had went and inspected the culvert pipe on County Line Road, a couple of years ago the pipe was ordered, but never installed.  Rick Fledderman, Mayor of the City of Batesville had asked on the status of the culvert pipe in connection with the Huntersville Road Bridge 116 Project to do with the reduction in roadway width.  Email was sent to Ray Reese, District Three Foreman for installation of culvert pipe and was to let George know when it was installed.

BLUE CREEK ROAD BRIDGE 55 REMOVAL OF DEBRIS – It was reported that debris had collected under Blue Creek Road Bridge No. 55 and will need to be removed before the underwater bridge inspection can be done.  Don VonderMeulen had mentioned he had spoken to Brian DeFossett, District Two Foreman with regards to removing of the debris.  At this time the Bridge Inspection had not yet been awarded and will let Brian know prior to when to get the debris cleared for the underwater inspection.

SNOW HILL COVERED BRIDGE 102 – Eric Roberts mentioned he had called Steve Flores of INDOT in regards to the Snow Hill Covered Bridge Project and had email correspondence with question from potential bidder for the project.  Had concerns on the November 15, 2010 completion date and the notice to proceed for the project being a month or so after the letting date and all the specialized timber materials then not being delivered until probably 60 to 90 days after this date, it could be mid to late August or even September before you ever get materials to work with.  It was said the project could be completed much cheaper with a completion date that is in 2011.  Especially when you consider that painting and other temperature dependent work are the last items on this job.  After much discussion, the Commissioners said they will be proceeding with the bid process and make determination at that time.

HISTORICAL SOCIETY INFORMATION SIGN ON COURTHOUSE LAWN – Pamela Beneker, Representative of the Franklin County Historical Society reported she had heard the Historical Society Information Sign was going to be moved due to the installation of the monument for the Police, Firefighters and EMS who had lost their lives in the line of duty.  It had been requested by Members of the Historical Society who Pam and contacted by phone that the sign not be put back on the Courthouse Lawn.

WHITEWATER VALLEY REGIONAL INTERPRETIVE PARK – Don VonderMeulen reported he had received word from Candy Yurcak, Member of the Whitewater Canal Scenic Byway Commission that they had received the new appraisal for the MacLyn Campground that they are planning for the Interpretive Park and Visitor Center.  The appraisal came in $200,000 less then what was put together for the Transportation Enhancement Application for Federal Funding.  The Commissioners will need to negotiate the selling price with the owner, because the LPA for the Grant is the County.  Don had requested that Candy Yurcak be the Commissioners representative to do the negotiations.  The Byway Commission would like to do the negotiations because they have the funds for the match.  It was suggested by Susan Jones, Auditor that the Commissioners review all documents before decision is made.  The Commissioners had agreed to this.

CERTIFICATE OF APPROPRIATENESS – MOTION – Don VonderMeulen made motion to approve the Certificate of Appropriateness for Dorothy Riley for porch.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

BLUE CREEK ROAD CULVERT PIPE – Commissioners discussed the culvert pipe on Blue Creek Road near the site for the replacement of Bridge 94.  The culvert pipe was measured and is 130 feet instead of 160 feet.  It was said they would like for the culvert pipe be on hand so it can be replaced while McAlister Contracting is putting in the new bridge.  The cost of the pipe is $84.55 a foot.  Eric had asked if McAlister’s can put in the pipe and will check on fund and have George Hartman or Brian DeFossett order if funds are available.

MEMORANDUM FROM MICHAEL WILHELM, ATTORNEY ON PROPOSED ZONING ORDINANCE AMENDMENT – The Commissioners had requested that Michael Wilhelm at their May 3, 2010 Meeting review relevant portions of the proposed zoning ordinance amendments, the APC’s comments, the Commissioners’ comments and letters to the APC by citizens.  The Commissioners had discussed with Michael what their options were.  Under Indiana Code 36-7-4-607, the Commissioners have the option of adopting, rejecting, or amending the proposed zoning ordinance amendments within 90 days of receiving the proposal from the APC.  If the Commissioners adopt the proposal, it takes effect as an ordinance of the county.  If the Commissioners reject the proposal or fail to act within 90 days, it is defeated.  If the Commissioners amend the proposal, it shall be returned to the APC for consideration by the APC, with a written statement of the reasons for the amendment.  The APC then has 45 days in which to consider the amendment and either 1) report back to the Commissioners with approval to pass the ordinance with amendments of the Commissioners within 45 days, or 2) disapprove the amendments of the Commissioners within 45 days, in which case the Commissioners can still pass the original proposal with another vote.  Tom Wilson wanted to adopt as is and make amendments later.  Don VonderMeulen prefers the APC sent recommendations to the Board of Commissioners.  Eric Roberts asked what would need to be done to adopt and amend later.  Michael Wilhelm said it did not matter if one part or two parts were changed it would be processed with the same timeline.

 MEETING RECESSED TILL 7:00 P.M. – MOTION – Eric Roberts moved we recess until 7:00 P.M.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

OTHERS PRESENT AT 1:00 P.M. MEETING             

Darrell Smith                      Sara Duffy                           Wayne Monroe                                Brent Roberts

Joe Gillespie                       Pam Beneker                     John Estridge                     Michael Wilhelm

MEETING CALLED BACK TO ORDER – Eric Roberts called the meeting back to order to discuss the Zoning Code that has been brought to us.

PROPOSED ZONING CODE – Eric Roberts had looked over the Proposed Zoning Code and had a list of 6 concerns in the areas of mobile homes, 1-acre lot size with 2 septic sites, chapter on sizes, private lanes, issues on conditional uses and flood plain district.  Eric also mentioned that the Town of Brookville and Oldenburg also have issues with the proposed zoning code.  Don VonderMeulen asked how should we proceed and suggested getting professional help to do this to have a better chance to produce a better ordinance.  Tom Wilson said that that would waste the time spent in the last 2 years that the CIC had put into this.  Eric said  it’s too late in the game to get an outside consultant, if we cooperate with the APC, Larry Franzman and the Town Boards and sit down and discuss our concerns, we are working on the 90 days.  Don VonderMeulen asked if you have any idea what we want to accomplish as a Board, that Michael had given us IC Codes want our options are.  Eric suggest we work with the APC and the Towns.  Don mentioned he had considered rejecting the zoning code and sending back to the APC for amendments, but since we have 90 days we can work on it and make recommendations.  It was said the Flood Plain, can be resolved with what Larry has in the office.  Mobile Home, put time limit and stipulation, other counties have same situation.  The one acre lots, need a way to identify were the septic sites are.  The sign ordinance, as it’s proposed, it is too lacked.  Maybe we can work with the APC and make recommendations we have the 90 days and asked how do we start.  The APC meets Wednesday evenings,  Eric Roberts asked Daryl Kramer, as our representative do you see a couple of APC Members to work with us.  Daryl said he is available, but cannot speak for the other members.  Don said we could work with Larry Franzman and he can coordinate with the APC Members.  Don asked if we should come up with a meeting schedule, Eric said, meet every Monday.  Don said put on Monday’s Meeting Agenda and we work on putting something together.  Eric, should we go to the APC Meeting Wednesday Evening.  The Commissioners then went over the letters from the APC Members, Richard Placke, Greg Kunkel, Bill Jordon, and Joe Jonas with their concerns and issues.  Had a copy of Larry Franzman’s concerns and a few of his issues correspond with what we went over.  Don VonderMeulen mentioned to get Larry to set in on our meetings to go over his list.  Tom Wilson said it would have been nice to have Larry and the APC Board Members to set in on the CIC Meetings.  MOTION – Don VonderMeulen motions for each of us individually make a list of recommendations and bring to next meeting.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.  Jerry Harnishfeger asked what are the concerns.  Jim Suhre stated maybe the APC Director wants the code to be defeated and said he was disappointed in the delay, now going to solicit the towns for their input and not going with what the people want.  Kate Greene, all the building have to have building permits, flood plain is most current, the fine schedule, DNR does not set fines for the County, that is up for the County to do, the septic permit is from the Health Department, you get that from the them for the 2 sites.   Dave White, mentioned the 2008-07 do you see anything that happened with that.  Dave then reads portion of the resolution from where the CIC was put together, asked did we not follow direction that was signed by the 3 of you, did we not give you what you wanted, we were not asked to give recommendation.  This is something that needs to be passed.  It needs to be proven that we didn’t do what you asked.  Don VonderMeulen, it be legal, it has to work with the Comprehensive Plan. Scott McDonough, your concern is that County, not the towns, they are still free to adopt or not to adopt.  Don said we represent the towns.  Arthur G Robinson, I tried to get the people to come, they would not.  Harry Graves, your objective is you didn’t reject the code, you are going to amend the proposal.  Harry reads IC Code.  Don VonderMeulen, we have not acted on it.  Ruthie Mannix and Arthur Robinson had also made comments.  Commissioners will take to Michael Wilhelm.

ADJOURN – MOTION – Tom Wilson motioned to adjourn.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.


Jerry Harnishfeger                           Stan Monroe                     Wayne Monroe                                Bill Schirmer

Paula White                                        Dave White                        Jeff Batchler                       Paula Keller

Jud McMillan                                     Arthur G Robinson          Arthur D Robinson III      C.J. Koerber

Carolyn Koerber                               Daryl Kramer                      Rene Stivers                       Kate Greene

Jim Suhre                                            Cody Ritz                             Harry Graves                      Ruthie Mannix

Sam Schuck                                        ?                                              ?


AYE                                                                                                                        NAY

__S/ Eric E Roberts______________                                     _________________________

Eric E Roberts                                                                                     Eric E Roberts

__S/ Thomas E Wilson____________                                   _________________________

Thomas E Wilson                                                                              Thomas E Wilson

__S/ Donald M VonderMeulen_____                                   _________________________

Donald M VonderMeulen                                                            Donald M VonderMeulen

ATTEST: __S/ Susan A Jones______________________

                Susan A Jones, Franklin County Auditor

Speak Your Mind

Tell us what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!