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September 20, 2010 Commissioners Minutes

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FRANKLIN COUNTY COMMISSIONERS MEETING

MEMORANDUM & MINUTES

September 20, 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.

AMEND ZONING CODE ORDINANCE – Don VonderMeulen started off by saying we should recognize that this has been a long process leading up today and presented a newspaper article dated September 1997 where the proposals for Investment Park/Southgate demonstrate the need for updated comprehensive plan and on January 2001, the County adopted the comprehensive plan which is getting close to being 10 years ago and the point the project became compiling a zoning ordinance that would represent them but we are almost to the point where we should be writing a comprehensive plan and we haven’t got the zoning ordinance passed.  Tom Wilson stated about every 10 years your suppose to update your plan.  Don VonderMeulen said with talking to Larry Franzman this morning and people who were part of this process have died and many new people have come on board.  What I look at what we decide today is going to tell us whether or not we can more forward or if we need to go back and continue with this process we been working on for 10 years.  AS you know I worked part with Larry Franzman on the amendments that the Commissioners made to the proposed text.  I heard this morning the APC gave it an unfair/poor recommendation.  I did find that the APC members probably most of them, did not have a chance to examine the work.  I heard they most of them just received the text the night of the meeting so that’s one of the reasons I thought it would be good to get that no. 1 to study it and I was much more encouraged at their discussion at the most recent meeting.  I believe that the amended test like anything done by man is not perfect.  But I think that it is an opportunity for us to bring this community together.  Put this bad luck behind us so we can work on more positive things.  I think it has torn this community apart anyways and you can probably assume that my feeling is that affirm the vote we took back in July on this text.  I realize that I am 1 vote of 3, but I feel it would be the best way to move forward.  I feel the text is a good text.  I feel that it represents many of the people in this county so that’s my feelings.  Tom Wilson, well, I probably disagree with about 95% of what you just said, but I don’t think it has divided the community.  Some with a smaller segment and some a larger segment.  I don’t think the new text has the best intentions of the people of the county or the welfare of this County and to me I would just assume not do anything and take it up next year on the proposed zoning.  I think the CIC done exactly what we asked them to do for 2 years, to write a code.  I think it is the first time in the history of Indiana out of 92 counties that the public wrote the zoning text.  It is a historic thing and if anybody didn’t participate or come t the meetings to express their opinions, it is not the CIC’s fault.  It was heavily advertised every week.  I have the bills to prove it.  I think it represents all the people who came here and voiced their opinions.  Not everyone got what they wanted, not everyone was satisfied, but I think everybody came to an agreement that this is what was good for Franklin County and the people who live here and I think we should adopt that text.  I’m not saying it’s perfect, which it’s not and I know there are things that need changed in it.  If we adopt it we can start amending those things or the APC can amend those things that need amending.  So, I say we either adopt that text, or just let it die and take it up at a later date.  Eric Roberts mentioned he had reviewed the APC Minutes of August and September and attended the September 8th Meeting and gathered the APC does not want to make amendments right away, that the proper thing to do is to take no action and allow the APC to made their changes and send back to the Commissioners.  Don VonderMeulen asked Michael Wilhelm to confirm what the Commissioners (2) options are.  The options were to adopt the amended zoning text or do nothing.  Don VonderMeulen than addressed Bill Doig, APC Member who was in attendance that it was imperative the APC work quickly on the zoning and bring a recommendation back to the Commissioners to take action and encouraged the APC to not delay.  Tom Wilson said the APC should not hurry in drafting a zoning code.  Don’t think you should rush through it and have something you are not happy with.  It took the CIC two years to go through.  If the APC is going to amend it, make sure it is right.  Joe Gillespie said the zoning text is a cumbersome documents and cannot be hurried.  The APC can start anew or begin with one of the proposed texts as a starting point.  The members can work with the CIC, with public input or choose to work without any public input.  MOTION – Don VonderMeulen moved that the Commissioners do not approve the votes taken in July, instructing the APC to bring back document with recommendations and address as soon as possible.  Eric Roberts seconds.  Tom Wilson voted no.  Eric Roberts, Motion Carried 2-1.  Tom Wilson asked if the APC will work with the CIC.  Joe Gillespie said I’m sure they would work together.  PUBLIC COMMENTS – ? did not give name.  asked if CIC would want to be involved as was his understanding they did not want their name on the Zoning Code.  Eric Roberts that would be up to the CIC.  Marty Brunner, have been working of this for 10 years, why not put is off for three months and let the voters speak in the election.  It’s a slap in the face with all the work the CIC did.  Don VonderMeulen let the APC run the show with the IC Code there was confusion on how the CIC was formed and if they see need for a CIC or another committee they would need to initiate.  Marty Brunner asked that the CIC chapter be extended.  Don VonderMeulen said he would need to take this up with the APC.  Scott McDonough, the Commissioners created the CIC and when charter was up came back to Commissioners to extend at that time was until the code was processed or it is done and asked for another motion.  Are the CIC under the direction of the Commissioners or will it go under a new CIC under the APC.  Tom Wilson feels it would be a new CIC, the CIC had fulfilled their obligations and if their code was not adopted they did not want their name on the new code.  Arthur G Robinson, stated that if there was legal counsel in attendance to CIC would have had answered questions.  Tom Wilson said the process would have worked better if APC would have attended the CIC Meetings and worked together.

HENNING DITCH – Joe Gillespie, County Surveyor had asked for a time for the bid letting for the Henning Ditch Project and presented the Bid Specifications and reported if everything looks okay will get copy to the Contractors.  The proposed work is on the main line of the Henning Ditch.  This line would be the east line of Earl Rosenberger Farm and the west line of Robert Martin farm.  The first work will be to find the end of the replaced tile near the east line of the Rosenberger Farm.  This location will be the point of beginning for the project.  The existing tile is an old 12 inch diameter clay tile that has failed in several locations over the last few years and runs northward from the place of beginning.  This project will run along the existing tile and follow the meanderings of the waterway.  We proposed to replace this existing tile with 12 inch diameter double wall plastic tile (smooth bore) for approximately 2000 feet.  The old tile is to be excavated in at least 40 feet intervals so that it can be investigated for laterals.  Upon completion of the tile installation and back filling, the excess soil will be mounded on the new tile to allow for settling.  In the Spring of 2011 the Contractor will be required to return to level all of the backfill and seed the excavated area in a fashion consistent with the existing sod waterway.  MOTION – Eric Roberts moved we sign the Notice to Bidder for the Henning Ditch.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

ANDERSONVILLE PROJECT LPA CLAIM VOUCHER NO. 1 – Received LPA Claim Voucher No. 1 to be turned in for payment for the Andersonville Project totaling $66,277.78 – $64,697.46 for Construction and $1,580.32 for Engineering.  The $64,697.46 amount for the Construction, $58,227.71 is to be paid to Ken Bischoff Excavating and $6,469.75 is to be held in an escrow account.  MOTION – Eric Roberts moved we acknowledge the LPA Claim Voucher No. 1.  Tom Wilson seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

ANDERSONVILLE PROJECT CHANGE ORDER NO. 1 – Gary Ladd of Ladd Engineering had presented a Work Change Directive No. 1 for the Andersonville Stormwater Drainage Project totaling $13,250.00.  The change is to add inlet on southeast corner of SR 244 and Mill Street.  Add approximately 65 feet of 12” pipe from Structure #116 to new inlet and Add inlet in low area northwest of Structure #101 and short section of pipe.  MOTION – Eric Roberts moved we authorize Joe Gillespie to sign this change order no. 1 if this in the best interest of the project, to allow project to proceed.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

HUNTERSVILLE ROAD BRIDGE 116 – E & H Bridge and Grating, Inc. had prepared a revised Proposal increasing the price from $51,845.78 to $59,879.74 to include (2) concrete railings and deck.  MOTION – Tom Wilson made motion to sign Revised Proposal for $59,879.74 for E & H Bridge & Grating, Inc.  and to attach Bridge Drawing from Howard J Barth & Associates.  Don VonderMeulen seconds.  Eric Roberts, Voted No.  Motion carried 2 -1.

2010 BRIDGE INSPECTION NOTICE TO PROCEED – Received Notice to Proceed for 2010 Bridge Inspection for Butler, Fairman & Seufert Engineers for Contract amount of $239,078.00.  When work is in progress, monthly invoices and claim forms needs to be submitted.  Franklin County will process payments and LPA Invoice – Voucher to be submitted to INDOT for 80% FHWA Reimbursement.  MOTION – Don VonderMeulen made motion to sign Notice to Proceed Letter for Bridge Inspection.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

SNOW HILL COVERED BRIDGE 102 LPA CLAIM VOUCHER  NO. 1 – Clark Dietz had forward LPA Claim Voucher No. 1 for payment and 80% Reimbursement.  Total amount of claim is $13,822.87 with 80% reimbursement of $11,058.30.  MOTION – Don VonderMeulen made motion for Eric Roberts to sign LPA Claim Voucher for Bridge 102.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

PIPE CREEK ALLEY FORD BRIDGE 48 LPA CLAIM VOUCHER NO. 1 – Clark Dietz had forward LPA Claim Voucher No. 1 for payment and 80% Reimbursement.  Total amount of claim is $5,383.14 with 80% reimbursement of $4,306.51.  MOTION – Tom Wilson made motion for Eric Roberts to sign LPA Claim for Bridge 48.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

SPYGLASS AGREEMENT – Tom Wilson read over Michael Wilhelm’s comment with regards to him review the Agreement.  Comment – This contract will not cost the county any money unless the county implements SpyGlass’s recommendations within 12 months of the recommendations.  And even then, the cost is paid out of the County’s savings or refunds.  One small concern is paragraph 4, which lets SpyGlass off the hook for certain damages if the county implements one of the recommendations, and the county experiences lost profit, business interruption, etc.. As long as the county makes a sound decision on which recommendation to implement, this shouldn’t be an issue.  What this means if they make recommendation and if for example in the Sheriff’s Department and causes problems, they won’t be held liable.  Don VonderMeulen feels there won’t be a lot of savings, but in favor of giving them a shot.  Eric Roberts, voted no a couple of months ago and vote is still no, could get us in deeper trouble.  Still no one had checked with Union and Dearborn Counties if there was a cost savings.

PAYROLL – MOTION – Tom Wilson motioned to approve payroll, that some of the payroll still need to be signed.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

PUBLIC COMMENT – Lawrence Geis made comments to Don VonderMeulen and Eric Roberts.

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

Others Present:               

Darrell Smith                      John Estridge                     Scott McDonough            Yvonne Kramer                

Robert Braun                     Betty Pflum                        Lawrence Geis                  Anthony Riehle

Haroline Ison                     Ronald Hancock                                Gary Baker                          Janet Baker                       

C J Koerber                         Carolyn Koerber               Sara Duffy                           Marty Brunner                 

Bill Doig                                Arthur D Robinson III                      Arthur G Robinson          Joe Gillespie

Katy McDonough             Wayne Monroe               

               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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