Friday, October 22nd, 2021

May 17, 2010 Commissioners Minutes




May 17, 2010 @ 1:00 P.M.

Commissioners/Council Public Meeting Room


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

County Auditor:                Susan A Jones

Commissioners Secretary:Carol Westerman

Attorney:Michael Wilhelm


Eric Roberts opens the meeting with the Pledge of Allegiance.

MINUTES – MOTION – Tom Wilson made motion to approve the May 3, 2010 Minutes.  Eric Roberts seconds.  Motion carried.

PAYROLL – MOTION – Tom Wilson made motion to approve Payroll, will need to adjust Steve Monroe’s Pay.  Eric Roberts not to happy there is a second new hire at the County Highway Department, money at the Highway is in a very serious situation and then hiring a new employee.  Tom Wilson, money is there.  Eric Roberts, funds are not there, revenue is not coming in.  Motion dies for lack of second.

TREASURER’S REPORT – MOTION – Tom Wilson motioned to acknowledge the Treasurer’s Report dated April 2010.  Eric Roberts seconds.  Motion carried.

METAMORA REGIONAL SEWER DISTRICT – Steve Collier, Member of the Metamora Regional Sewer District asked the Commissioners for support for a Grant through the Lawrenceburg Casino Money.  The Sewer District is short of funds.  The District is requesting of $200,000 to $250,000 for improvements in upgrading the plant, such as equipment and to correct measures that were not put in effect when the plant was built.  Also need to put in a system to handle the sludge.  Fewer people have hooked up then anticipated and we currently have (2) lawsuits that have been filed for non hookup.  We are working on and getting our loan payments made.  Eric Roberts, grant application should focus on economic development and suggested to work with the Economic Development and the Tourism Board for their support.  Eric is in favor of doing a letter for support.  Tom Wilson also support the grant and to get with Economic Development.

BLUE CREEK ROAD BRIDGE 94 CHANGE ORDERS – Received (2) Change Orders from McAlister Excavating, Contractor for Blue Creek Road Bridge 94, Bridge Replacement Project.  Change Order No. 1 is for additional signage as required by the State for road closure signs be posted prior to the project site for a total of $1,757.00. This change order will be paid at 100% through stimulus funds.  Change Order No. 2 is for additional maintenance for a landowner’s driveway to remain accessible at all times during construction in the amount of $10,500.00.  This change order will also be paid at 100% by stimulus act.  Signage will be installed as soon as the change orders are signed.  MOTION – Tom Wilson made motion to sign the (2) Change Orders for Bridge 94.  Eric Roberts seconds.  Motion carried.

HUNTERSVILLE ROAD PROJECT – Drew Barth of Howard J Barth & Associates presented the General Permit Application Section 401 WQC for Construction in Floodway to be filed with IDEM for approval.  MOTION – Tom Wilson made motion for Eric Roberts to sign the Permit Application.  Eric Roberts seconds.  Motion carried.  Eric Roberts asked when the project will go to bid.  Drew Barth replied that he is in the process of completing the plans and should be completed by the end of the month.  Drew mentioned that the County will need to request for a Common Wage Meeting be scheduled, because the project will be over $150,000.00.  This will need to be done prior to bidding the project.  Eric Roberts asked about ordering the bridge.  Drew said the bridge can be ordered when the plans are complete for the ConSpan Structure, looking to have plans done by June 1st.

FRANKLIN COUNTY VISITOR’S COMMISSION – JoAnn Prickel, Director for the Franklin County Visitor’s Commission for Tourism came to the Commissioners for support of a signage project in the Town of Brookville to enhance the visitors who come to visit our community.  Mentioned that all the street signs in Oldenburg are in German and had an idea to replace the street signs in Brookville and using either the shape of a canoe paddle or canoe.  There are funds available through INDOT that can be applied for.  Eric Roberts said she would need talk to the Town of Brookville and their street department, since they are an incorporated town.  Tom Wilson said if it helps tourism, he is in favor.  JoAnn said need to work on directional signage, so visitors will know where to go and to have a standard sign policy.

ANDERSONVILLE STORM DRAINAGE PROJECT –  Received a Consultant Consent Form from INDOT Permit Section to perform work on the State Right-of-Way authorizing LADD Engineering, Inc. to submit documents and plans necessary for the project in obtaining a permit from INDOT.  The Project description is the installation of 12” diameter storm sewer and drainage inlet.  The inlet will be placed on the south side of State Road 244.  The 12” sewer will flow north and connect to a proposed 18’ storm sewer.  To alleviate storm water portals.   MOTION – Tom Wilson motioned for Eric Roberts to sign Permit Application.  Eric Roberts, seconds.  Motion carried.  The Pre-Construction Meeting was held this morning in Andersonville and three (3) contractors had attended.  Bids are due next Monday, May 24th @ 1:00 P.M.  Tom Wilson mentioned he had contacted Jean Leising in regards to the plugged culvert under State Road 244 and thanked her for contacting INDOT in getting the culvert pipe cleared for the project.  Joe Gillespie, County Surveyor reported that he had received a packet of easements that there are a couple of changes that Gary Ladd had suggested.  The Drainage Plan will need approval from the Drainage Board.

SPECIAL MEETING CALLED MAY 24, 2010 @ 1:00 P.M. – A Special Meeting had been called for Monday, May 24, 2010 @ 1:00 P.M. to Open Bids for the Andersonville Storm Water Drainage Project.

PIPE CREEK (ALLEY FORD BRIDGE) BRIDGE 48 – Received email from Kathy Eaton, Program Budget Manager, Seymour District INDOT notifying Franklin County that the low bid for Pipe Creek (Alley Ford Bridge) Bridge 48 is $715,310.76 with Force Construction being the low bidder.  Federal Funding associated with this project with the project includes $400,000 of TE Funds and $619,800 of bridge funds.  This project will be 80% federal and 20% match as long as the federal funds exist.  Once the federal funds are exhausted, in case of unforeseen overruns, any amount over that would be the responsibility of Franklin County 100%.

SNOW HILL COVERED BRIDGE 102 – Also included in the email that was received from Kathy Eaton is also notifying Franklin County the low bid for the Snow Hill Covered Bridge 102 is $520,605.20 with Righter Company being the low bidder.  Federal funding associated with this project includes $100,000 of National Historic Covered Bridge Funds and $416,00 of TE Funds.  Since this project is underfunded and you have excess of TE funds for the Bridge 48 project, you may want to make a formal request to Brandi Fischvogt to transfer some of those funds to this project.  Once again, any amount of funding needed over the federal cap will be Franklin County’s responsibility at 100%.  Eric Roberts asked if we want to make a formal approval for Bridge 48 and Bridge 102.  Both bids were lower than estimated.  MOTION – Eric Roberts moved we sent Letter to INDOT for Low Bid approval for Bridge 48 and Bridge 102.  Tom Wilson seconds.  Eric Roberts, motion carried.

COMPLAINT AGAINST FRANKLIN COUNTY ANIMAL CONTROL – Kimberly Lewis is making a formal complaint against Franklin County Animal Control, stating a male cat was left by prior tenant, last Wednesday went and talked to Lou Fasbinder, Small Animal Control Officer (SACO) what can be done.  Was told I can’t do anymore that what I am doing and was very rude.  He had told her husband that he was an animal hater and was also rude to him.  Her husband had dropped off articles at the Reuse-It-Center and as he was leaving, SACO yelled don’t kill that cat.  Suggest that maybe he should be talked too or be replaced as being a Franklin County Employee.  Thought maybe he was having a bad day, but not two days in a row.

PAYROLL CONTINUES – MOTION – Eric Roberts moved to approve Payroll, but not approving payroll for Roberts & Dillhoff (new hires at highway department).  Tom Wilson said he would not second this motion.  Motion died for lack of second.  Eric Roberts, we’re spending more at the Highway Department than we are taking in.  Tom Wilson will get figures from Hollie Maxie , Highway Clerk, when he had talked to her the funds were there.  Eric Roberts asked Susan Jones Auditor to get reports showing the revenue that had come in the last 12 months.

5-MINUTE RECESS/BACK IN SESSION – Eric Roberts we will take a five-minutes recess for Susan to get revenue report.  Eric called the meeting back in session.

ZONING CODE DISCUSSION – Tom Wilson still thinks we need to pass the Zoning Code.  Eric Roberts said he and Don VonderMeulen had come up with a sheet with issues.  Tom Wilson agrees there are things that need amended, a lot of it is wording.  Eric Roberts, is there anything on this list that is a concern.  Tom Wilson, there is concerns he has, but Michael (Attorney) says it can be amended.  Eric Roberts, feels it would be easier to amend now, before it’s passed.  If we can identify the five or six changes that need to be made and modify the document.  Tom Wilson, you don’t want to pass it.  Eric Roberts, it needs to be amended first and put it out right.  Tom Wilson talked to Larry Franzman and he said it’s the will of the people, there are a few minor amendments that need to be done.  Eric Roberts,  Larry has definition of Commercial Greenhouse, definition of private lane, it’s clarifying, and there are several other areas that need a definition.  It was said there is not a bulk of people have issues with 5 homes on a private lane.  Eric Roberts, do you suggest sitting down with the APC and Larry to clarify items.  Tom Wilson, would like to pass and then correct as we go, cannot see everything that is wrong right now, in 6-months see how the document works and then revisit.  Tom Wilson, it’s whatever you and Don want to do.  I’ll do anything that needs to be done to get this adopted and asked Eric don’t you think it’s a good document.  Eric Roberts, yes it’s a good document.  The biggest thins is the time limit on the mobile home for a ill parent, that the biggest issue, not that the mobile home is there permanently.  Tom Wilson, asked what is the (4) biggest items that would stop form being adopted.  1)  Mobile Home for sick family member, should have 18 month time limit for all temporarily mobile homes.  2) Page 98, Letter E private road, need to be maintained.  Eric reads section.  If someone fails to maintain private lane, would be a civil suit, and not liability for the County.  3)  Section on signage, County should purchase sign and sell to developer.  Eric replied that the County should not have anything to do with buying or selling signs for private lanes, should be the responsibility of the developer.  Maybe County’s responsibility for the Stop Sign at the end of the road.  4)  Numbers need to be adjusted on the width of the private road.  Needs to go to 40 foot on a culvert.  Tom Wilson, that had been voted on several times for the purpose of fire and EMS Equipment.  The language needs to be changed, it’s the radius, not the width that needs to be changed for entrance to private lane.  5)  Lane coming off road, first 40 feet, may not need to be 90 degrees.  Tom Wilson agrees that would be a safety issue.  Arthur G Robinson – explained the forming of slope on a culvert and entrance to make slope more even.  Jim Suhre – voted against signage, but was voted, they are similar.  The last 2 years you the Commissioners had complaints about garbage trucks and other’s coming down a private lane, but needs some kind of uniform signage.  Eric Roberts – there is a uniform manual traffic code for signage that is used and may be referenced to for the developer.  The private road name signs need to be different from County Road name signs.  There needs to be uniform addressing on private lanes, each house residence needs a number.  Joe Gillespie said you have an Ordinance addressing that 2 addresses’ can be give to 2 house’s, but if 3 houses than it would have a separate number.  Tom Wilson asked Joe about deed restrictions, received letter with concern, that need to be included in deed.  Joe Gillespie reads from old text on this issue, it’s already in place.  Daryl Kramer, on the bridge width who would be liable if someone would slide let’s say Duck Creek Road.  It was said, it would be the County.  Harry Graves, questions the Driveway Permits.  Joe Gillespie had written a Letter to the Board of Commissioners and letter is read.  Letter is dated April 30, 2010:  Dear Commissioners, As I’m certain you know, I voted to have the CIC Proposed Text forward to your Board with a favorable recommendation.  I do have some concerns but out of respect for the CIC work and process, I felt committed to vote in this manner.  My general concerns are as follows:  1) Private Road Requirements 2) Home on a Private Drive 3) Definition of a Subdivision 4) Restrictions for listing and property negotiations for realtors 5) County being required to compensate citizen’s legal fees regarding violations.  Sincerely, Joe W Gillespie, Jr.  Eric Roberts mentioned the sign chapter had went from 9 pages to a ½ page, agrees it needs modification.  Eric Roberts suggest rewriting those pages and bringing back to the APC in 2 weeks.  Kate Greene asked  if after the 18-months, if they would still need the temporary mobile home residence, what would happen and would they be charged again.  Eric said they would need to re-apply with new fee.     

PAYROLL CONTINUES – Commissioners were going to adjourn without approving payroll.  Susan Jones, Auditor stated unless you want to be in the office on Friday to explain to the employees why they are not being paid, and those two employees worked they deserve to be paid.  This payroll issue with funds needs to be taken care of, but not during this meeting.  MOTION – Tom Wilson made motion to approve payroll, with Steve Monroe time adjusted.  Eric Roberts seconds, against his better judgment.  Motion carried.

ADJOURN – MOTION – Eric Roberts moved to adjourn.  Tom Wilson seconds.  Eric Roberts, Motion carried.


Kimberly Lewis                  Arthur G Robinson III                     Walt Oelrich                       Betty Pflum                        Ray Robinson

Steve Collier                       Sara Duffy                                           Daryl Kramer                      Ruthie Mannix                  Yvonne Kramer

Bill Doig                                Kate Greene                                      Jim Suhre                            Scott McDonough            Robert Braun

Katy McDonough             Drew Barth                                         Cody Ritz                             Darrell Smith                      John Estridge

Harry Graves                      Joe Gillespie                                       Marty Hon                          Joann Prickel                      Gary Rieveschl


AYE                                                                                                                        NAY

__S/ Eric E Roberts___________                                             ________________________

Eric E Roberts                                                                                     Eric E Roberts

__S/ Thomas E Wilson_________                                           ________________________

Thomas E Wilson                                                                              Thomas E Wilson

___________________________                                        ________________________

Donald M VonderMeulen                                                            Donald M VonderMeulen

ATTEST: ___S/ Susan A Jones_____________________

                Susan A Jones, Franklin County Auditor

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