Friday, October 22nd, 2021

Commissioner’s Minutes June 28, 2010


Franklin County Commissioners Meeting

Memorandum & Minutes

June 28, 2010 @ 1:00 p.m.

Commissioners/Council Public Meeting Room 

Those Present: County Commissioners: Eric Roberts Tom Wilson Don VonderMeulen

Commissioner’s Secretary: Carol Westerman Kim Robinson

County Attorney: Michael Wilhelm

Eric Roberts opened the meeting with the Pledge of Allegiance.

Open Bids –Bull Fork Rd. -Eric Roberts called on George Hartman to open the sealed bids.  Ballenger Excavating had a contract amount of $39, 870.32, Crain Excavating had a contract amount of $57,370, Goldsmith Excavating had a contract amount of $53,150, Harrison Excavating had a contract amount of $49,975 and Bischoff Excavating had a contract amount of $51,871.  Ballenger Excavating had the lowest bid and MOTION –Tom Wilson made the motion to have Ballenger Excavating do the Bull Fork road Stabilization.  Don Vonder Meulen 2nd the motion.  Eric Roberts AIF/MC.

Approve Minutes – Don Vonder Meulen stated a correction to the June 1, 2010 minutes needs to be made to the last line talking about cell phone usage for Carol Monroe.   MOTION – Don VonderMeulen made the motion to approve minutes from June 1, 2010 and June 14, 2010 with the striking of the last line in the June 1, 2010 minutes.  Tom Wilson 2nd.  Eric Roberts AIF/MC.

Clerks ReportMOTION – Don Vonder Meulen made the motion to acknowledge the Clerks Report for May 2010.  Tom Wilson 2nd the motion.  Eric Roberts AIF/MC

Claim-Bridge 48 Tom Wilson made a motion for Eric Roberts to sign the claim to INDOT for $58,530.39.  Don VonderMeulen 2nd the motion and Eric Roberts AIF/MC. 

Huntersville Road – Joe Gillespie did some field work and will prepare documents, meet with the Mayor of Batesville and take care of discussing any compensation to the 2 property owners involved.  Drew Barth gave an update on Huntersville Road.  He said he received an email from Contech Construction that the drawings are completed and being reviewed.  He should have the plans by the end of the week.  Plans are to Open Bids on July 19th in Batesville.  The plan is to open bids July 19th, award the project, and have final permits and bid bonds by July 26th to start the job and the estimated completion date is set for September17th.  Drew recommended placing the bridge order as soon as possible, no later than the beginning of July.  Drew wanted to wait until all information was received before starting the bidding and place the order for the bridge.  Eric asked if we had the money and Tom stated the funds are in place.  Some funds would be coming from Bridge #94.  Eric also wanted to know the difference in Cast In Place ($27,000) and Pre-Cast.  Joe Gillespie said CPE quoted it cheaper to cast In Place although the negative side is it takes longer even though it is cost effective.  Tom asked for George’s opinion and George agrees with Cast in Place.  MOTION –

Tom said this has taken over a month to make up your minds and it needs to be decided on now and makes the Motion to order the Bridge package from CPI and sign the contract.  Eric Roberts 2nd the motion.  Don Vonder Meulen AIF/MC.  On July 19th, bids will be accepted in Batesville.  Carol Westerman will be notified of the exact time and place.  There are no scheduled Commissioners meeting this week so at least one Commissioner will need to be present at this meeting. Product should be ready by the 2nd week in August.

Blue Creek Road – Blue Creek road will be closed at least until the end of August with a project completion date of October.  Don VonderMeulen asked Drew for an updated budget on the plans.

Claim – Snow Hill No. 102 – INDOT Claim of $ 55, 590.22 needs to be signed to start construction on Snow Hill Bridge No. 102.  MOTION – Eric Roberts made the motion to sign the LPA Claim.  Don Vonder Meulen 2nd the motion.  Tom Wilson AIF/MC.

Dare Ditch – Joe Gillespie brought a petition from the Harvey Family, Inc. asking the Drainage Board to be placed onto the assessment rolls of the Dare Ditch and a drainage outlet is provided.  The next step is to have a public hearing to vote on it.   Tom Wilson scheduled a public hearing on July 26, 2010 at 1:00 p.m. and the landowners and property owners will be notified.

Metamora Drainage – The drainage project in Metamora was completed last year.  There was still drainage water (approx 1300 cubic feet of storm water) sitting on top of the drain.  Ted Cooley looked at the problem and put a package with budget and drawings for a new storm water chamber system.  This is an underground storage (approx 800-900 cubic feet) made of plastic, not concrete.  It would cost approximately $7,000 and take about 3 days to install.  Don VonderMeulen said that a pressure washer was recommended and we should try this first.  Eric agreed with Don and told Joe Gillespie to ask Brian to rent a pressure washer and try cleaning the debris first.  He also said to put some hot mix on Sofie Hunter’s driveway to help with the large puddles of water.

Tile Ditch – A Tile Ditch S to N on East side of Liberty Pike at Bath Road is beginning to slip.  Harvey’s own this property.  It would take a couple of hundred feet of tile to correct the problem but Eric said it is not the County’s responsibility unless it affects the road.  Eric asked Joe to come back with some options, such as having the property owners buy the tile and having the Highway Dept. lay it.  We could just fill the holes but it won’t solve the problem said Eric.

911 Director – Jay Manning introduced himself as the new 911 Director.

Sperry/Rice – John Kyle, the environmental attorney for Alco Industries which Sperry/Rice rented property since 2004 spoke to the Commissioners about Alco Industries taking responsibility for environmental issues on its property.  John Kyle and Ron St. John, an environmentalist would like the County to adopt an Environmental Restrictive Ordinance.  The ordinance would prevent both present and future landowners within a specific area to use or install wells for drinking water.  The ground was tested in 2002 and a small amount of TCE was detected.  The levels of contamination are low but at 5 parts per billion it can be harmful to humans.  During the first inspection in 2002, the surrounding properties around the affected areas had the private water wells inspected and no contamination was found.  As a precaution, Alco Industries has offered to hook up the residents with County water at no expense to the residence with the understanding that the wells would be removed.  Educational seminars are given to property owners about not drinking the well water and door-to-door seminars are recommended.  The Ordinance (ERO) would be recorded and a legal document but not attached to the deed records.  Tom Wilson asked for a list of the property owners who know about this problem and wants to make sure that the County is not responsible in any way for illness caused by the contamination.  Mr. Kyle stated that a person would have to drink at least 2 quarts a day; everyday for 30 years before any harmful effect would show up.  Sara Duffy asked about the Whitewater River.  John Kyle said it was not contaminated and no levels have shown up that he knows of.  Brian Patterson asked who would be paying the water bills for these residents.  John Kyle said they would have to take that up with Alco Industries themselves.  Tom Wilson asked Michael Wilhelm what his comments to the Ordinance were.  Michael said he didn’t have any comments and it would be the Commissioners decision.  Eric Roberts said to have public notices sent out about a public meeting, 7 days apart, and the 2nd notice at 3 days before the actual meeting.  Eric doesn’t have a problem signing the Ordinance as long as everyone has been notified.  Michael suggested changing paragraph 3 (installation and existing wells) to No Private Wells within the areas outlined. 

Notice of Award MOTION – Eric Roberts made the motion to award Ken Bischoff Excavating the Andersonville Project.  Tom Wilson 2nd the motion.  Don VonderMeulen AIF/MC.

Resolution 2010-20 – Andersonville Project – Robert & Kimberly Myers.  14011 Green Street.  MOTION – Don Vonder Meulen made the motion to adopt Resolution 2010-20. Tom Wilson 2nd the motion.  Eric Roberts AIF/MC.

INDOT RIGHT-OF-WAY PERMIT FOR ANDERSONVILL – MOTION – Tom Wilson made a motion for Eric Roberts to sign the “Right of Way” permit for the Andersonville project.  Don Vonder Meulen 2nd the motion.  Eric Roberts AIF/MC

Harvey Cemetery – Don Dunaway would like permission to have Kelly Paugh (who has taken the DNR’s Cemetery Preservation Workshop) probe Harvey Cemetery for missing tombstones in Blooming Grove Township.  MOTION – Don Vonder Meulen made the motion to give permission for Kelly to probe.  Eric Roberts 2nd the motion.  Tom Wilson AIF/MC.

Region 9 Workforce Board Appointment – Tom Linkel asked to be replaced on the Region 9 Workforce Board.  MOTION Don VonderMeulen recommends appointing Phil Harsh for the open position.  Tom Wilson 2nd the motion.  Eric Roberts AIF/MC.  Tom thanked Phil Harsh for accepting the position.

EMS Contract – The EMS contract for 2011 wants $100,000 for next year.  This would include a secretary salary increase.  Michael Wilhelm to look this over.

Inter-Local Agreement with Town of Brookville – The Town of Brookville has a permit for right of way and the County made a agreement with the Town to use the same permit for replacing the sewer line.  MOTION – Eric Roberts made the motion to sign the Inter-Local Agreement.  Don VonderMeulen 2nd the motion. Tom Wilson AIF/MC.

Historic Metamora Certificate of Appropriateness – Victor & Tamara Niceschwander (Business Sign) and Robert & Rose White (Porch).  MOTION – Don VonderMeulen made the motion to approve the 2 certificates.  Tom Wilson 2nd the motion.  Eric Roberts AIF/MC.

Updating Software for Highway Department – Don VonderMeulen had met with Reuben Cummings at 10:00 this morning for the software program at the Highway Department.  Don Vonder Meulen stated that the County Highway Department is still using the original software but no updates (127) have been added since the County stopped paying the yearly fee.  This software could be very useful in running specific reports for the Highway but the annual fees would have to be paid.  The Agreement made with the company is still in effect.  Don would like the Commissioners to think about it.  It would be worth the while to keep it updated.

Rex Road Damage – Tom Wilson would like to be able to save the roads from any more damage previously done by REX.  Tom had Paul Rohe and Dave O’Mara to give quotes and decided to have Paul Rohe do the work in District 3.  Eric said he would like to keep a running tab on how much of the Rex money is being spent on roads and what the balance is by October.  (Don stated that the software in question would be able to produce such reports.)

Payroll – The County Council denied the payroll request for additional monies for the SAC Part Time help.  There is approximately $2,100 left in the fund.  We have to make sure there is enough to pay someone to feed the animals on the weekends.  Don said we cannot provide services that are not funded.  Tom stated that Part Time help would be gone.  Don noticed that 911 have an overpayment in hours again.  Tom told him that Jay Manning will be working on the overpayment and then made the Motion to Approve Payroll.  Don Vonder Meulen 2nd the motion.  Eric Roberts AIF/MC.

PETCO Grant SAC – Theresa Abernathy and Sylvia Merkel from the Humane Society asked if they could submit a $15,000 grant through PETCO.  This would be a Capital Grant and the funds would be used for new puppy pads, a cover for the kennels and insulation.  The previous Mitchum grant did not get approved.  Tom Wilson asked how these funds would be dispersed.  The funds would go through the County Auditor and since this is a no match grant, it can be applied for each year.  Tom Wilson made a motion to sign the Grant Application.  Don Vonder Meulen 2nd the motion.  Eric Roberts opposed until he given additional information.  Motion carried.

Public CommentJim Fohl wanted to know if the County was applying for Lawrenceburg Grants.  Eric Roberts stated that Frank Thompson, our Economic Development Director applies for Grants.  We receive $500,000 each year from Lawrenceburg for our General Fund.  Eric also stated that he has not seen a grant request so far this year.  Jim didn’t understand what the grants could be used for so Eric explained that they couldn’t be used for road repairs but only for keeping employment or improving existing buildings and stuff like that.  John Estridge asked if Don Vonder Meulen is going to propose changes to the CIC Zoning Code.  Don said the proposed zoning code is posted on the website and he would like it to read correctly, not with misleading areas such as The Fine structure.  Don said that the way it is worded now, a Judge would interpret the wording different than the original intention was. 

Adjourn – MOTION – Tom Wilson motioned to close.  Don Vonder Meulen seconded the motion.  Eric Roberts All in Favor.  Motioned Carried.

Note:  Susan Jones (Auditor) was not present at this meeting.  Kim Robinson (Assistant Secretary to Commissioners) took the minutes in her absence.


Others Present:

Darrell Smith      Sara Duffy           Theresa Abernathy                        

Sylvia Merkel     Joseph Fisher    John Estridge                   

Steve Meyer      John Steele        Scott McDonough

Katy McDonough                             George Hartman             

James Ballenger                               Karen Ballenger                               

Jim Fohl                Ken Bischoff       Joe Gillespie

Brain Patterson                 Ron St. John

Tamar Gontovnik             John Kyle             Ben Harrison

Phil Harsh            JoAnn Prickel     Michael Wilhelm

Melinda Bundy                                 Daryl Kramer

AYE                                                                        NAY      

__S/ Thomas E Wilson______                   ___________________

Thomas E. Wilson                                             Thomas E. Wilson

__S/ Eric E Roberts__________                               ____________________

Eric E. Roberts                                                   Eric E. Roberts

__S/ Donald M VonderMeulen___         _________________________

Donald M VonderMeulen                            Donald M VonderMeulen

ATTEST: _____________________________

                 Susan A Jones

                 Franklin County Auditor

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