Friday, October 22nd, 2021

August 23,2010 Commissioner Minutes




August 23, 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 – SPERRY/RICE – PROPOSED POTENTIAL GROUNDWATER ORDINANCE – John Kyle, Barnes Thornburg who was here June 28, 2010 and updated on the volunteer cleanup of the potential contaminated groundwater in the areas around Sperry/Rice Manufacturing Company.  The Public Hearing today is to Adopt Ordinance, An Environmental Restrictive Ordinance Regulating the Installation and Use of New Groundwater Wells and the Use of Groundwater in a Certain Area of Franklin County.  John Kyle had presented a site map of the location, a copy of the Proposed Ordinance, Letter from IDEM, Letter from John H Watson, Attorney representing Franklin County Water Association, Letter to Residents and Business’s surrounding  Sperry/Rice (Jonathan & Mary Schuck – Kenzies, LLC – Ludwig Contracting – Dan Ritz – Kimberly Campbell – Rhonda Mullins – Donald Newkirk – LouAnn Johnson – Ron Ritz)  A copy of the Ordinance was sent to IDEM as they will oversee the cleanup and changes have been incorporated as suggested by IDEM.  John Kyle went over the changes, suggested by IDEM that location address and name facility be added to the 1st paragraph.  Add why type of chemical in the 2nd paragraph.  County taken out of 4th paragraph as County does not maintain Utility.  Definition and what uses the well has in Item 1.  Jonathan Schuck parcel number incorrect in Item 2.  Eliminate County in Item 3.  Not for sure on violation fees in Item 4.  Item 8 was suggested by IDEM to be added.  Tom Wilson mentioned this Ordinance is not the one that was advertised and the revised ordinance would need to be re-advertised.  Tom Wilson asked if the property was tested where the chemical was dumped.  John Kyle said yes it had and did find hot spots and plans are to clean up.  Don VonderMeulen mentioned they had received letter from Richard Harris of IDEM and in letter asked for locations of wells, asked if IDEM be provided information on the ERO Plan.  John Kyle said they could.  John Kyle mentioned this ordinance only address drinking water.  Eric Roberts asked who would be the enforcement Officer, would it be our Local Health Department.  John Kyle said that could be added to the Ordinance and would need to direct to your County Attorney.  Tom Wilson asked what about those that drank the water for the last 3-years.  John Kyle, do not see any evidence of the chemical, the wells were tested in 2002 and did not detect anything.  Tom Wilson would like a sample done currently in 2010.  John Kyle said data would be provided, it could take 6-8 weeks to collect current data.  John Kyle said the next step would be to submit a Intermediate Plan to IDEM within the next year.  Don VonderMeulen asked if the property owners can look at the Plan, was said yes.  Public Comment – Rita ? mentioned she had concern that there are (2) properties in the campground, the one has an individual well and the other well is a group well.  The one well was tested and the well that distributes to all the campground lots was not on the IDEM list.  Mr. Brackman mentioned he had lived there several years and has had tested the water himself and it was sent to a lab he is affiliated with and he would not drink the water, he only uses the water to shower and do laundry.  Eric Roberts asked do we have to pass this ordinance in order for the property owners to hook up to County Water.  John Kyle answered for us to have a plan to work, we need this to be legally affective and binding, and this would control putting in any new wells.  Christine Rains asked if all the property owners adjacent to the Sperry/Rice Property, were they notified.  She was told when she was young, she could not play in Richland Creek and cows could not drink the water.  It was said the water is tested and was told it the wells would not be affected, but said could test again.  Eric Roberts said the Ordinance would need to be re-advertised and recommends adding the Franklin County Health Department as Enforcement Office.  Tom Wilson would like to have it in black and white those affected property owners that they are in agreement with the Commissioners passing this Ordinance.  Tom Wilson, you are saying this Ordinance is for not allowing new wells to be drilled.  John Kyle said yes.  Eric Roberts will bet with Michael Wilhelm on the changes and ask if another public hearing is to be held.

MONTHLY REPORT – Rebecca Oglesby, County Treasurer reported that Tax Sale will be held October 21, 2010.  The certified letters will be going out this next week and the 1st advertisement will be going to the newspaper.  There are 280 properties going up for tax sale.  Sent out Demand Notices on Personal Property, RV’s Campers, and Mobile Homes at the end of July.  Becky wants to clean up those who have not paid their taxes on personal property and have them sold, said she had the power to do.  Have been working with the Assessor and Auditor to clean up some of these personal properties. Wants to go to the campground and clean up Camper/RV’s that are just setting there, that have delinquent taxes or have been abandoned.  Susan Jones, County Auditor reported that had Certified AV’s to the DLGF this past week and 2011 Budget Hearings are next week.  Tax Sale is coming up.

RECOVERY ZONE ALLOCATION – Frank Thompson, Franklin County Economic Development Director asked that the Commissioners not sign Ordinance allocating Stimulus Funds for Franklin County.  It was asked that if Franklin County sign Ordinance if they weren’t going to use the funds.  Frank Thompson said we have until December 31, 2010 to use them and would like to check out further if Franklin County would have a need for them through Economic Development. 

MAJOR ANNOUNCEMENT FOR JOBS – Frank Thompson invited the Commissioners to come to set in on an Announcement for Jobs coming to Franklin County on Wednesday, August 25th @ 11:00 A.M.  to be held in the Commissioners Meeting Room in the Government Center.

WHITEWATER VALLEY REGIONAL INTERPRETIVE PARK – Don VonderMeulen mentioned before the ByWay Commission can proceed with the closing for the purchase of the property from the Neeley’s for the Whitewater Valley Regional Interpretive Park the County and the ByWay Commission must agree on doing an addendum to the existing agreement to do with an easement across the property.  Steve Flores of INDOT was present to answer questions.  Mr. Flores reported that INDOT had asked that a Perpetual Easement be prepared to allow the State and County to have an easement across the property for utility purposes in the future so it would not have to be purchased again.  This easement must be in the addendum and approved before the ByWay Commission can have the closing.  INDOT wants a copy of the agreement before the Transportation Enhancement funds can be released through INDOT.  The Addendum or Easement has not just been prepared.  Tom Wilson said he had talked to Steve Flores and asked if the ByWay Commission does not fulfill their obligations for the grant who would be liable to repay the debt and grant since the County is the LPA for the Grant.  The Agreement between the County and ByWay Association said the County would not be liable for the debt, but through INDOT the County would be liable since they are the LPA.  INDOT says the property should be in the County’s name for 7-years.  There is a scope of guidelines that need to be followed for a period of time to do with the procedure of the Transportation Enhancement Grant.  Tom Wilson said his main concern is to protect the County, so the County would not have to repay these funds.  MOTION – Don VonderMeulen made motion we inform Steve Flores that we will amend Agreement with the ByWay Association to include the Perpetual Easement over the property. Tom Wilson abstained.  Eric Roberts, has problem with 2nd this motion without seeing the terms of the addendum.   Christine Raines, the public does not want to take this on at this time with the economics.  The easement would be for the purposed of right-of-way for utility purposes.  It was asked that an addendum and easement be prepared for Michael Wilhelm to work with INDOT officials.

ZONING CODE AMENDMENT RESOLUTION – MOTION – Tom Wilson motioned to table passing Resolution Amending the Zoning Code at this time, there were changes to the Zoning Code from when it went to the Area Plan Commission and when it came back to the Commissioners.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.  The Copy that was voted on there were changes made and when it came back it was not the same.  Jim Suhre mentioned that he had came in to get a copy of the zoning ordinance that was presented that the Commissioners had voted on July 26, 2010 to send it to the APC with recommendations and when the APC had received it on August 11, 2010 and had voted to send it back to the Commissioners was different.  Don VonderMeulen this is something that needs to be looked into.  Tom Wilson said the there was no definition on the  list of changes and the definition was different from what it was.  If it was changed intentional, it’s a code violation.  The Code that is on the website is what the APC passed back to the Commissioners.

AMERICAN ELECTRIC POWER – George Hartman had introduced Jake Grice of American Electric Power and he had explained the Transmission Line Project and work that is to be done by Clark Dietz.  His company will be replacing a transmission tower and running heavy equipment on the County Roads.  A contract had been presented to have Clark Dietz Engineering on site when we go over the County Roads.  Jake Grice asked that Franklin County enter into an Agreement to oversee the project and American Electric Power will pay the $11,490.00 engineering fees.  Jack Grice mentioned that he along with Kevin Loiselle, with Clark Dietz and George Hartman had inspected the roads and had been documented earlier and presented.  The Project is to start October 4th and go through to the end of November, will start moving machinery in at the end of September.  MOTION – Tom Wilson makes motion to sign Agreement with Clark Dietz with American Electric Power paying fees.  Don VonderMeulen seconds.  Eric Roberts, All in Favor. Motion carried.

BLUE CREEK BRIDGE 94 – Drew Barth of Howard J Barth & Associates reported on Blue Creek Bridge 94, the bridge deck is to be poured tomorrow and looking at the end of September for the project to be completed.

HUNTERSVILLE ROAD BRIDGE 116 – Drew Barth reported that a meeting is scheduled for tomorrow with Tom Wilson and Mayor Fledderman in Batesville.  Don VonderMeulen mentioned the Batesville City Council asked to do whatever changes that needs to be done to get the project going.  Drew said his understanding they are waiting on new figures from Contech.  Tom Wilson said we need to scrap the project.  Drew said you would need to talk to your attorney if this is the option.  The structure has probably not yet been started, but would have design time in it.  It was recommended to re-bid the project with the changes and County/City of Batesville pay for material at cost.  Funds of $150,000.00 were transferred Blue Creek Bridge 94 Project and have $80 – $90,000.00 from other funds.  The original quote was $350,000 – $400,000.  It was also discussed going with E & H Bridge, estimate was $150,000.00.  Marty Brunner, Citizen wants to know the reason a bridge is being designed, why can’t it be replaced with something similar to what is there.  Tom Wilson said when a bridge is replaced it has to be built to standards.  Tom Wilson is in favor of looking at other options.  MOTION – Don VonderMeulen makes motion authorizing Tom Wilson to make decision if re-biding the bridge project is for the best interest of the County as with the meeting that is scheduled for tomorrow.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

SNOWHILL COVERED BRIDGE 102 CHANGE ORDERS – George Hartman reported that the Commissioners will be receiving (2) Change Order for the Snowhill Covered Bridge 102 Project.  The change orders are for slope stabilization and signage.             

JOHNSON FORM ROAD – George had mentioned that he had ordered a culvert that needs to be replaced on Johnson Fork Road .2 miles south of School Road.

BULL FORK ROAD STABILIZATION PROJECT – George Hartman had also reported that the Bull Fork Road Slope Stabilization Project is complete.

DOXPOP COURT PAYMENT FACILITATION AGREEMENT and ADDENDUM TO RECORDED DOCUMENT INTERNET PUBLISHING AGREEMETN REGARDING PROPERTY WATCH – Linda Vaughan, County Clerk had presented a Court Payment Facilitation Agreement to the Commissioners for Approval.  This would allow tickets to be paid online.  DoxPop would add a 5% of the ticket for the fee.  This would not cost County anything and be more convenient for those paying tickets.  Pam Beneker, County Recorder presented an Addendum to the Commissioners for Recorded Document Internet Publishing Agreement regarding Property Watch which would be a user fee and be paid by the person obtaining the information.  Would not cost the County anything.  MOTION – Don VonderMeulen made motion to approve the Agreements with DoxPop for Court Payment Facilitation Agreement and Property Watch Agreement with recommendation from Michael Wilhelm.  Tom Wilson seconds.  Motion carried.

MINUTES – MOTION – Don VonderMeulen made motion to accept Minutes of July 26, 2010, August2, 2010 and August 9, 2010.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

PAYROLL – MOTION – Tom Wilson moved we approve Payroll.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

NO GOLF CARTS IN METAMORA – In reviewing IC 9-21-1-3.3 is only permits City/Incorporated Town to use.  Cannot allow golf cards on County Roads.

PERSONNEL POLICY HANDBOOK – Don VonderMeulen mentioned that the County Council had mentioned there were some corrections that need to be done to the Personnel Policy Handbook.  We need to get this adopted and asked that this be put on the County Council Meeting Agenda.

PUBLIC COMMENT – Jim Shure stated the way the public comments were done in the past were done at the time of when the subject was being discussed.  Some of the Sections that were not changed and amazed that on August 11th APC Meeting when the APC disapproved 6-0.  Did not get a single vote on your recommendations.  Asked who are they who worked with to amend the code.  Don VonderMeulen, we talked to 2 people, worked with Larry Franzman who has the most expertise with zoning and Joe Gillespie.  There was more discussion on the matter and meeting was taped if anyone is interested in listening. Those that also had comment on this subject were John Estridge, Jerry Harnishfeger, Scott McDonough, Arthur G Robinson and Christine Rains.  Jerry Harnishfeger also mentioned roads that had been redone with only on few houses on them and those not being redone that had a lot of houses on it talking at Pea Ridge Road.  Also asked about brush that needs to be cleared along the road sides.  Stanley Monroe asked about the Interpretive Park, asked if this a service to the people, asked can they sell this property in 4-years.  Don VonderMeulen said you need to read the application.  

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

Others Present:                               

Scott Stirn                           Anthony Riehle                 R.C Gies                               John Kyle                            

Rhonda Mullins                 Ron St. John                       Bill Thackery                       Harold Sizelove                

June Neeley                       Clyde Neeley                     Joyce Harmeyer                               Ella Sue Harmeyer          

Steven Flores (INDOT)   Brandi Fishvoght (INDOT)                                             Haroline Ison                    

Stan Monroe                     Robert Thompson           Ken Montville                    George Getz

Angie Getz                          Thomas Bachmann          Scott McDonough            Katy McDonough            

Arthur G Robinson          Michael J McKenna         Katlleen M Kenna            Darrell Smith                     

Carrie Maples                    Dave Sawyer                      Arthur D Robinson III      Dorothy Weaver             

George Weaver                                Betty Pflum                        Ed Peters                             Shirley Peters                   

Sara Duffy                           John Estridge                     Kevin Loiselle                     Jacob Grice

Mike Fackler                      Ray Brown                          Mary Brown                       Alberta Smith                   

Jim Suhre                            Leroy Combs                      Chris Rains                          Gary Schlueter                 

Becky Oglesby                   Paul Baudendistel            Robert Braun                     Judith Kaylor                     

C. J. Koerber                      Carolyn Koerber               George Hartman              Bob Bane                            

Joe Gillespie                       Richard Cartwright           Eugene L Copes                                Margaret Fain

Daryl Kramer                      Eugene Moster                 Sara Moster                       Kevin Moster                    

Mark Allen                          Yvonne Kramer                 Jeff Batchler                       Bill Schirmer                      

Wayne Monroe                                Joann Koch                         Jerry Harhishfeger           Frank Thompson             

Marty Brunner                  Linda D Vaughan              Robert Bryan                     Mary Mattingly                

Drew Barth                         Pam Beneker                     John L Steele                     Nick Fankhausen

Note:  There were several people who had attended did not sign in.      


AYE                                                                                                        NAY

__S/ Eric E Roberts__________                                               ______________________

Eric E Roberts                                                                     Eric E Roberts

__________________________                                           ______________________

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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