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Commissioner Minutes July 12, 2010




July 12, 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

Attorney: Michael Wilhelm

Eric Roberts opens the meeting with the Pledge of Allegiance.

MINUTES – MOTION – Tom Wilson made motion to approve the Minutes of July 6, 2010.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

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

WHITEWATER VALLEY REGIONAL INTERPRETIVE PARK – Don VonderMeulen mentioned that there are forms that need to be signed, that last week I said there was no hurry, but there is.  There are representatives from the By-Way Association here to answer questions.  Eric Roberts learned from last week the appraisal process has changed and now there is a place for us to sign.  Don said yes, the appraiser had used the wrong form and was told to create a place for the Commissioners to sign.  Don VonderMeulen mentioned as he understands from Steve Flores of INDOT that the Engineer or someone also can sign these documents, but since it’s on the agenda the President of the Board of Commissioners is to sign.  Tom Wilson asked where are the matching funds.  Candy Yurcak replied that matching funds are pledged as what is in the original application and once notice to proceed is signed, can start negotiations of land acquisition.  There are (3) separate appraisals, one for the land, one for the buildings and one for the campground.  Eric Roberts asked why it wasn’t appraised as one instead of three.  Candy Yurcak, was too hard to appraise as one piece of property, was easier to separate as was the first appraisal, and we are to be reimbursed 80% of the appraisal value, that we also have complied with all terms of the grant.  Tom Wilson asked if through these hard Economic times what if the park fails.  Candy Yurcak replied by reading Item #2in the contract that was signed between the County and By-Way Association, that the By-Way pays off our debts and then the remaining funds would go to another not-for-profit organization.  The County would not be responsible for any of the debt.  MOTION – Don VonderMeulen motioned to sign the LPA Quarterly Report and Sign Appraisal Report for INDOT to give Notice to Proceed.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.  The next step is to go back and negotiate with the property owner and secure the bridge loan from FCN Bank.  Matching Funds are to be put in Escrow Account.  The County would need a letter from FCN Bank that funds are there.

LOCAL PUBLIC AGENCY QUARTERLY REPORTS PIPE CREEK BR 48 AND SNOW HILL COVERED BR 102 – MOTION – Don VonderMeulen motioned to sign the Quarterly Reports for Bridge 48 and Bridge 102.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.  It was reported that both bridge projects are ready to go to construction.

SNOW HILL COVERED BRIDGE 102 – The Snow Hill Covered Bridge 102 will close Monday, July 19th and be closed through October/November.  Franklin County Water Association will be relocating the water main.  A County Utility Reimbursement Agreement was presented between Franklin County and Franklin County Water Association that needs to be signed.  The Agreement amount is not to exceed $17,000.00 and work is to be completed prior to August 15thMOTION – Eric Roberts moved we sign the Agreement with Franklin County Water Association for the relocation for the water main.  Tom Wilson seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

DARE DITCH – Joe Gillespie reported the Public Hearing Notices have been mailed out by certified letter to the Property Owners within the Dare Ditch and have received the green card confirmations that they had received the letters.  A few of the letters have come back, but have been working in getting correct addresses.  The Public Hearing is set for Monday, July 26, 2010 @ 1:00 P.M.

ANDERSONVILLE PROJECT – It was reported that the Pre-Construction Meeting was held Friday, July 9, 2010 @ 11:00 A.M.  Had also received a LPA Claim Voucher from Southeastern Indiana Regional Planning Commission for Reimbursement of Engineering Services in the amount of $19,746.70 that needs to be signed by Susan Jones, Auditor.  MOTION – Don VonderMeulen made motion for Susan Jones to sign LPA Claim Voucher.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

HUNTERSVILLE ROAD BR 116 BRIDGE REPLACEMENT PROJECT – Received LPA Voucher from Drew Barth of Howard J Barth & Associates for Construction Engineering work that had been completed on the Huntersville Road Bridge 116 Project in the amount of $461.60.  Eric Roberts had confirmed this invoice is for 50% of the work and the City of Batesville was invoiced the other 50%.  MOTION – Eric Roberts acknowledged the formula for Payment for the LPA Voucher for $461.60 with Barth & Associates.  Tom Wilson seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

PAYROLL – Don VonderMeulen mentioned the issue with the E911 hours have not been corrected on the (2) employees.  Don VonderMeulen and Eric Roberts asked that Tom Wilson talk to Jay Manning to get corrected.  Also mentioned the E911 Advisory Board Meeting has been moved from July 19 to July 26th.  Don VonderMeulen also mentioned that today, the date for the installation of the new equipment in E911/Communications.  MOTION – Tom Wilson made motion to approve the payroll.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

PERSONNEL POLICIES HANDBOOK – Separate Ordinances have been prepared for the new Personnel Policies Handbooks for the Standard, Highway, and the Sheriff/Jail/E911.  Eric Roberts recommended getting the copies of the updates that were effective July 1, 2010 that need to be added to the Handbooks and notify County Council that the Commissioners are ready to act on the new handbooks.  Don VonderMeulen suggested put in the correspondence that the Commissioners will adopt on July 26th if they have any concerns should address the Commissioners.  Policies would be ready for them to adopt on July 27th.

ZONING ORDINANCE – Tom Wilson asked if we are ready to adopt the Zoning Text.  Don VonderMeulen has been working with Larry Franzman there are a few changes.  It was said if we don’t do anything at the next meeting it dies.  Tom Wilson would like to adopt, rather than letting it die, then amend if needed.  Don VonderMeulen reported that Larry is working on it, when one thing is changed it affects other portions of the text.

MEMORANDUM ON PROPOSED ZONING ORDINANCE AMENDMENT – Michael Wilhelm, Attorney had forward a Memorandum on the Proposed Zoning Ordinance Amendment, which is included in these minutes.  Eric Roberts asked if these comments on the memorandum are his comments.  Michael Wilhelm, replied saying no, they are from someone from Dearborn County Area Plan and Comments were from Don VonderMeulen.  May not conform to IN Code.  Eric Roberts have a few comments written on private lane and temporary use of mobile home, signs.  Larry had reviewed.  There are a few definitions and verb age that needs to be changed.  Commissioners then went over the memorandum.  Tom Wilson commented you can have a director from other County look at the zoning text, but that is their County, not Franklin County. 

HIRING FREEZE – Don VonderMeulen asked Michael Wilhelm if he has any comment on the County Council action on a Hiring Freeze.  Michael said he had not reviewed.  Don said he can see why they done it, but certain situations may cause problem, he is down 1 truck driver.  As in other County Offices may not have a problem, but money was appropriated.  Michael mentioned the County Council is the County Fiscal Body, they fix the # of Employees and set salaries per state statue, opinion yes, they can, and they set salaries.

HIGHWAY SOFTWARE – Don VonderMeulen mentioned the Highway Software has been updated and asked that budgetary reported be given to the Foreman and Commissioners.


PUBLIC COMMENT – John Estridge – asked what were the issues that were brought up with Larry Franzman not knowing if we can change.  Don VonderMeulen was talking to Larry last week and has a better understanding than he does.  It may be difficult to change on parts of the document and other parts in the code would also need to be changed.

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

Others Present:               

Darrell Smith                      John Estridge                     Paul Baudendistel                            Candy Yurcak

Phillip Anderson               David Cook                         Monica Yane                                      Daryl Kramer                     

Joe Gillespie

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

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