Friday, October 22nd, 2021

Commissioner Minutes July 26, 2010




July 26, 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.

PUBLIC HEARING – DARE DITCH – Joe Gillespie, County Surveyor the purpose of the Public Hearing on the Petition that had been filed by the Harvey’s (Don, Dale & Daryl) to include 95 Acres on the North Side Bath Road in the area where the water ponds.  This section had been included prior to 1954 and had been excluded from the assessment roles for the Dare Ditch since then.  The Dare Ditch, South of Bath Road had been reconstructed approximately 10 years ago costing $208,000.00.  If the 95 Acres was included in the assessment 10 years ago it was estimated to cost between $19,000. to $21,000.  There currently is a 12-inch tile that was sized with being buried 3.8 feet in depth, trying to get the water drained from the residential area in Old Bath quicker than the farm ground.  In calculating the 95 acres would need to install a 15-inch tile to have the capacity to drain the area, but an 8-inch would be all the capacity the current tile can accommodate.  Joe had a proposed plan that would add approximately 3,000 feet of new tile to drain the Harvey’s Property to the North to where there would be more capacity.  This would cost approximately $30,000.  Joe mentioned he had spoken to most of the property owners and they are not against this property being included in the Dare Ditch Assessment, but they do not want to adversely affect the drainage on their property.  If the 3,000 feet of new 15-inch tile was installed downstream, then it would not adversely affect anyone going south, but maybe the Brier Property at it would drain into the surface drain and it probably would not be noticed.  If this is what the property owners decide on this would be a fall project.  Richard Buckler asked would it fill up the tile.  Joe said it could, but would take measures to protect.  Eric Roberts said he and Joe had met with Roy Harvey, Jr. and has no opposition to the project, but does not want to impact what they have now.  It was decided to meet again on August 9, 2010 @ 1:00 P.M. to give the property owners time fret over the project and give Joe time to talk to the all property owners within the Dare Ditch and put a cost estimate together.

UNOFFICIAL DETOUR DES#0400293 BRIDGE REPLACEMENT ON SR 121  – Joe Gillespie had presented a Letter he had received from INDOT Letter of Understanding for an Unofficial Detour for the Bridge Replacement on SR 121 over Silliman Creek, 1.10 miles North of US 52 in Franklin County.  The project is expected to begin approximately July 14 and be closed for a period of 40 calendar days.  INDOT will set up and maintain the necessary traffic control for the Official Detour route.  Franklin County will be responsible for signing any weight restrictions on the unofficial detour.  INDOT agrees to reimburse Franklin County for cost related to damage repair on the listed unofficial detour.  All reimbursement expenses must be documented and work must be approved by INDOT prior to the completion of any work.  The Unofficial Detour roads include Little Duck Creek and Laurel Roads.  MOTION – Don VonderMeulen made motion to sign the Letter of Understanding for the Unofficial Detour.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried. 

SCOTT ROAD –  Joe Gillespie had presented an Aerial Map dated 1949 of Andersonville Road in regards to Scott Road, the road has not been maintained by the County since the 1950’s when the house on the road was vacated.  There is evidence where an old house once stood.  There is someone planning on building a house on the road and has requested the County to maintain the road.  The Commissioners had suggested that he would need to bring the road up to specifications, he also has access to this property from Lemon Road.

WHITEWATER VALLEY REGINAL INTERPRETIVE PARK UNIFORM PROPERTY ACQUISITION OFFER – Don VonderMeulen had presented a Uniform Property Acquisition Offer that needs to be signed by the President of the Board of Commissioners to negotiate parcels 1, 2, & 3.  The Notice to Proceed for the Acquisition of the property known as MacLynn Campground had been granted.  The County is the LPA for the Transportation Enhancement Grant that had been granted for the project for the purchase of the building, campground and property at appraised value.  MOTION – Don VonderMeulen made motion for Eric Roberts to sign letter for the Property Acquisition Offer to purchase the property, campground and buildings at the amount of $637,000.00 appraised value.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

BIG CITY/BIG COUNTY ENFORCEMENT PROGRAM GRANT CFDA # 20.601 –  Don Smith, Sheriff Deputy reported for the past 17 years the Sheriff’s Department was involved with Operation Pullover.  The County is looking to merge with smaller departments such as Batesville City and Osgood this year and possible Ripley County Sheriff’s Department next year with a grant through the National Highway Traffic Safety Administration called the Big City/Big County Enforcement Program.  The Department will be doing the same as in the past with (2) Blitz’s a year and will being doing other surveys.  Looking at a $12,000.00 Grant this year and could increase next year.  Last year the County had received $5,700.00, could receive $1,000.00 more than last year.  The County would receive a check from the City of Batesville for our portion.  MOTION – Don VonderMeulen motions that Eric Roberts sign the Grant Agreement for the Big City/Big County Enforcement Program. Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

FRANKLIN COUNTY HEALTH DEPARTMENT – Ken Griffin, District 9 State Board of Health reported on the Assessment for the Division of Strategic National Stockpile Local Technical Assistance Review for Franklin County scored a 96% the average score is 90%.  Three years ago Franklin County the barely had a passing grade, but since has taken advantage of the grant to help on its Emergency Preparedness Plan. 

COMMISSIONERS MEMORANDUM OF UNDERSTANDING – Carol Monroe, Local Health Coordinator had presented to the Commissioners a Commissioners Memorandum of Understanding between the Franklin County Health Department and Board of Commissioners that in the event of a natural or manmade disaster, a terrorist or criminal act or incident, or any emergency deemed a threat to the life, health or welfare of the citizens of Franklin County hereinafter referred to as “public health emergency, the Franklin County Commissioners shall provide the Franklin County Health Department with any service or use of county employees (to receive regular pay per County Salary Ordinance), equipment, facility, and/or supplies named in the following purpose.  Purpose:  For the purpose of a public health emergency (county resources), mass prophylaxis clinic site, an emergency shelter, emergency educational facility, or any other foreseeable need for a large climate controlled facility.  Copy of Memorandum of Understanding of entirety is on file in the Auditor and Commissioners Office.  MOTION – Don VonderMeulen made motion to sign the Memorandum of Understanding with the Health Department.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

SOUTHEASTERN INDIANA SOLID WASTE DISTRICT UPDATE – Aaron Bell, Southeastern Indiana Regional Waste District (SISWD) was present to give update on the District.  There are a couple of new programs in Franklin County, the Household Hazardous Waste.  Franklin County Residents will now be able to dispose of Household Hazardous Waste on the 2nd Saturday of each quarter from 8 – 9 a.m. at the Recycling Center.  They will accept at No Charge cleaning chemicals & supplies, oil based paints & stains, pesticides, herbicides, mercury items, fluorescent bulbs, flammables, acids & bases.  The other program is Unwanted Medical Waste, the disposal of unneeded/old medications and used syringes.  Franklin County Residents can now dispose of sharps materials & non-controlled medicines at the Franklin  County Health Department at No Charge.  Eric Roberts mentioned setting out recycling containers throughout the County to make more available to residents.  Aaron Bell said they will be doing surveys of County and see where to place containers.

ZONING TEXT – Don VonderMeulen said he had sent the other (2) Commissioners a letter with the recommended changes.  Don VonderMeulen, feels good about what has been done.  Eric Roberts, concerns of the APC has been addressed.  Gary Wolf asked what the changes were.  Don VonderMeulen asked what are your questions, did you not get a copy.  Tom Wilson, I’m not going to vote for it.  MOTION – Don VonderMeulen motioned we forward to the Area Plan Commission the Amended Zoning Text with Recommendations.  Eric Roberts seconds.  Motion carried.  (2-1) Tom Wilson did not vote for it.  Dave White asked, does it have any reference to the CIC.  Eric Roberts said yes, the cover page.  Tom Wilson reads.  Dave White, asked that any mention of the CIC be stricken from the code, that this is not what the CIC had presented, what you are sending on to the APC should not have CIC on it, as this is not their recommendation that is being passed on.  Don VonderMeulen, when we received it, we could approve, disapprove or make recommendations.  Dave White, you cannot pass something back to APC with CIC mentioned on it.  MOTION – Eric Roberts moved to remove CIC from the title page and cover page and wherever else it is stated.  Tom Wilson seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.        

PUBLIC TRANSPORTATION QUARTERLY REPORT –  MOTION – Don VonderMeulen motioned for Eric Roberts to sign the Public Transportation Quarterly Report.  Tom Wilson seconds.  Eric Roberts, All in Favor. Motion carried.  The quarterly reported that was submitted was for the period April 1 through June 30, 2010 for total expenses of $138,094 with State and Federal Reimbursement of $86,96 9.           

MINUTES – MOTION – Don VonderMeulen motioned to approve minutes (July 12, 2010) with typo to be corrected (was corrected).  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

ESTABLISHING LAW ENFORCEMENT FUND ORDINANCE NO. 2010-03 – Melvin Wilhelm, Prosecuting Attorney had presented a Letter and Ordinance to be passed on the Proposed Order on Forfeiture.  Explained in letter that without this ordinance, anytime a forfeiture of property because of criminal activity, he must ask the U.S. Attorney to do the forfeiture for them.  In most cases the moneys that are forfeited goes to their office instead of staying local.  With this Ordinance all the money will stay local.  MOTION – Tom Wilson motioned to adopt Ordinance 2010-03 Law Enforcement Fund.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

HUNTERSVILLE ROAD BRIDGE 116 – Bids were received and opened at 11:00 A.M. this morning July 26, 2010 at the Batesville City Building in Batesville, Indiana.  Bids were received and opened Brackney, Inc. $387,320.50 – Dave O’Mara Contractors, Inc. $426,610.75 – McAlister Excavating, Inc. $484,413.24.  No action was taken, bids come in higher than estimated ($347,282) for the project and will need to take to Council for additional funding. 

SNOW HILL COVERED BRIDGE 102 NOTICE TO PROCEED – The Commissioners had received a Letter addressed to Clark Dietz Engineers for Notice to Proceed for Profession Services for Construction Engineering for the Rehabilitation of the Snow Hill Covered Bridge.  Construction Inspection cannot exceed $65,075.65 which is 12.5% of the Contractor’s Bid of $520,605.20.  MOTION – Don VonderMeulen makes motion to sign Notice to Proceed.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

BRIDGE INSPECTION –  Brent Roberts of Butler, Fairman & Seufert  had presented a Contract for the County Wide Bridge Inspection Phase I and Phase II to start this fall.  The total contract amount is $224.060.00 which 80% would be reimbursements with federal funds.  There are a few bridges that will need special inspections.  The number of bridges to be inspected increased from 115 to 118. There are also 5 bridges that need underwater bridge inspection.  Tom Wilson asked Brent Roberts how he came up with this figure.  Tom was told there is a page in the Contract to justify the price.  The Contract was taken under advisement as the price has amount doubled from the last inspection that was done by Clark Dietz.

RECINDING MOTION – BRIDGE INSPECTION LPA AGREEMENT – MOTION – Tom Wilson motioned to rescind the motion made on March 8, 2010 to sign LPA Agreement for Bridge Inspection.  Don VonderMeulen seconds.  Motion carried.  Eric Roberts did not sign the LPA.  Note:  It was mentioned that at the time the Qualifications from Engineering Firms were not yet submitted for review, there was not yet a firm selected for professional services, nor a contract price.

CLERK’S REPORT – MOTION – Tom Wilson motioned to acknowledge the Clerk’s Report for June 2010.  Don VonderVeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

ANDERSONVILLE STORMWATER DRAINAGE SYSTEM PROJECT – Received Agreement and Notice to Proceed for Bischoff Excavating to begin work on the Andersonville Stormwater Drainage Project.  The project is scheduled to start July 28th and be completed this fall.  MOTION – Tom Wilson motioned to sign Agreement and Notice to Proceed for the Andersonville Project.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

PAYROLL – Don VonderMeulen mentioned the continuation of the employee in E911 time has not been corrected.  Tom Wilson will talk to Jay Manning, E911 Director.  Also Don VonderMeulen had mentioned this to Don Maucher who is a member of the E911 Advisory Board and was present at today’s meeting.  MOTION – Don VonderMeulen motioned to approve payroll as submitted.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

PUBLIC COMMENT – Jerry Harnishfeger – How can you allow a person who is not an elected official amend the zoning.  Don VonderMeulen said he was working under the direction of the Commissioners.  Jerry Harnishfeger – Asked how the Interpretive Park is going to pay for the loan.  Don VonderMeulen said had been approached by the By-Way Association to apply for grant and grant will pay for loan.  Also asked if County will own the property and how will it benefit the County.  Don VonderMeulen replied No, it eliminates the County from financial obligation, there is a contract between the County and By-Way Association.  You can read over the application that is on file in the Commissioners Office.  Don VonderMeulen then explained that it’s part of the Scenic ByWay that is connected with other Counties, it will educate people on the Whitewater Valley.  Jerry Harnishfeger said if it’s not going to cost the County anything it’s okay.  It was said 80% of the Grant will pay for the purchase of the property and the other 20% is coming from donations by letters of intent.  Daryl Krammer – Asked about the Huntersville Road Project, what the changes were and will it be re-bid.  Eric Roberts responded by saying discussed changed the handrail/guardrail, will need to see if the contractor would redo their bid.  Daryl also thanked the Commissioners for taking CIC off the Zoning Text.  Don Maucher – Resident of New Trenton mentioned he has had to fight against the gravel pit expansion and asked the CIC had put anything in their text to protect the citizens of New Trenton.  He said in his opinion that nobody cared about New Trenton and their fight against the expansion of the gravel pit.  Dave White responded by saying no one had brought up the subject during the CIC Sessions.  Daryl Kramer said he had reviewed and nothing had changed in the zoning text on this issue, that a public hearing would still be required for an expansion of the gravel pit.  Dave White – Mentioned about a

1 ½ ago it was requested that he be replaced as president of the CIC and stated at a meeting that Don VonderMeulen would vote for the CIC Code if it was legal and conformed with the Comprehensive Plan.  Dave White said he did not do what he said he would do.  Don VonderMeulen replied he had written a letter and did not believe the CIC Code followed the Comprehensive Plan.  Stanley Monroe – Stated with one issue it would restrict business from outside storage of vehicles and equipment.  Rick McMillin – asked who wrote the changes and asked where the Administrative Division came from.  Don VonderMeulen replied that they have been working with Larry Franzman under the direction of the Commissioners and with Joe Gillespie and it was mentioned that this was the term that had been defined by HNTB and it was researched for wording.  Arthur G Robinson – Stated, do what to use my property, don’t want to be told that I can’t leave something set out, while I work on it.  Scott McDonough – Mentioned the major changes made by the CIC in the wording to finds, private drives, home business and the wording for the A1 and A2 and Recreational Districts did not change.  Monica Yane – Mentioned she had worked on the first CIC Code in 1998 and thanked the Commissioners for moving forward.  Joe Gillespie – Mentioned a week ago Friday, Don VonderMeulen had called him and asked him to come to the Area Plan Office and asked him about wording to be included in Minor Subdivision and said for him to look at the HNTB Plan.  Joe said he had voted for the CIC, but did have reservations on parts of it.  Don VonderMeulen said we are the Executive Body of the County and we rely on them.  John Steele – Larry Franzman should have been at the CIC Meeting, you are not showing the will of the people.  This was dumped on us Friday Evening.  Don VonderMeulen, over time it will work, adopted to protect the law for the people and feel this would be best for the people.

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

Others Present:

Daryl Kramer                      Gary Wolf                            Melinda Bundy                 Paul Baudendistel

Candy Yurcak                     Brent Roberts                    Jeff Batchler                       Paula Keller                       

Scott McDonough            Don Smith                           Dale S Harvey                    Don Harvey                       

Daryl Harvey                      Don Maucher                    Robert Braun                     Joe Gillespie                      

Monica Yane                      Gary Yane                           Dave White                        Ken Griffin

Diane Turney                     Molley Meador                 Carol Monroe                    Sam Schuck                                       

J R Stivers                            Mary Mattingly                 John Estridge                     Brian Patterson                

Sara Duffy                           Darrell Smith                      Arthur G Robinson          Harold Sizelove                

Arthur D Robinson III      Yvonne Kramer                 Steve Meyer                      Bob Bane                            

Lowell McMillin                 Ken Konradi                       Aaron Bell                           Jauneta Stout

Jeff Agnew                         Richard Buckler                 Steve Robertson              Ted Young                                          

Walt Oelrich                       Betty Pflum                        Jerry Harnishfeger           Wayne E Monroe            

Stanley Monroe                               John Steele                        Terry Duffy                         H Niesz                                

G. ????

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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