MONROE COUNTY BOARD OF COMMISSIONERS AGENDA MONROE COUNTY COURTHOUSE JUDGE NAT U. HILL, III MEETING ROOM BLOOMINGTON, INDIANA

May 6, 2011 9:00 a.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PAGE

I. PUBLIC COMMENT

II. APPROVAL OF MINUTES

A. April 8, 2011

III. APPROVAL OF PAYROLL AND CLAIMS

IV. REPORTS

A. County Treasurer’s Monthly Report for March 2011 1

B. Employee Health Clinic Update and Presentation (Rhonda 3 Foster, Human Resources Director)

V. PROCLAMATIONS

VI. NEW BUSINESS

A. Indiana Department of Corrections Grant for Community 4 Transition Program (Tom Rhodes, Asst. Chief Probation Officer/Community Corrections Director)

B. Resolution 2011-18: Nomination to the National Register of 21 Historic Places for the Matthews Stone Company Historic District (Erin Shane, Planning)

C. Karst Farm Greenway, Phase 2a; LPA-Consulting 111 Agreement (Bill Williams, Director of Public Works)

D. Hunter’s Creek Road Bridge #921; Modified INDOT LPA 134 Contract (Bill Williams, Director of Public Works)

E. Temporary Contract Services Agreement with Doug Chapel 137 (Jeff Cockerill, County Attorney)

F. Contract with HFI for Showers Building Heating and 140 Cooling Systems Maintenance (Jeff Cockerill, County Attorney)

G. Contract for Property Management of the North Showers 141 Building (Jeff Cockerill, County Attorney)

H. Amended Memorandum of Understanding with John Byer 142 Associates for Courthouse Structural Project (Jeff Cockerill, County Attorney)

VII. APPOINTMENTS

VIII. ANNOUNCEMENTS

IX. ADJOURNMENT N:\Commissioners\2011\Agendas\Commissioners_Agenda_20110506.doc Prescri~dbySlaleBoardofAccounls C

Month ending March 31, 20 II MONROE COUNTY

CHARGES: I Total Taxes Collected (Not Receipted to Ledger or Refunded) ... $ $2,916,210.72 2 Advance Collection of Taxes ..... $2,005.47 3 Bank, Building and Loan and Credit Union $0.00 4 Barrett Law Collections...... $0 001 5 Cash Change Fund. $500.00 6 Conservancy District Collections .. $4,724.65 7 Demand Fees .... $981.00 8 Dog Tax .. $0.00 9 Drainage Assessments .. $0.00 10 Excess Tax Collections ..... $1,921.83 11 Gross Income Tax on Real Estate ... $0.00 12 Vehicle license Excise Tax .. $5,463,007.61 13 Sewage Collections $6,444.74 14 Tax Sale Costs. $1,900.00 15 Aircraft License Excise Tax .. $228 901 16 Auto Rental Excise Tax .... $0.00 17 Watercrafl Title and Registration Fees (Boat Excise Tax) $35,674.45 18 Watercraft Use Tax $0.00 19 Weed and Trash Removal $0.00 20 21 Total Balances of all Ledger Accounts- Cash ...... $50,057,887.56 22 Total Balances of all Ledger Accounts- Investments.. $0.00 23 Total Charges .. $ $58,491,486.931

CREDITS: 24 Depository_ Balance as Shown by Daily Balance of Cash and Depositories Record (List in Detail on Reverse Side) $ $52,511,107.93! 25 Investments as Sho\\'11 by Daily Balance of Cash and I Depositories Record Column 12, Line 41 $5,979,978.261 26 Total Cash on Hand at Close ofMonlh: Currency... 450.00 Coins .. 50.00 Checks, Money Orders, etc .. 0.00 Total.. $ ____;::$5""0~0~.0"-!0l 27 ------······ ·················· ...... 28 ______29 ______30 Total. $ $58,491 ,586.19! 31 Cash Short (add) ... $0.00! 32 Cash Lon~ (Deduct) .. ;;;::~;;-;-~-;;-:;11 -$99.26: 33 Proot: .. $ $58.491.486.931$ $58,491,486.93!

34 Balance in all Depositories Per Daily Balance Record (Line 24 Above) ... $ $52,511.107.931 35 Outstanding Warrant-Checks (Detail by I Depositories on Reverse Side) ...... --.$8"'9'"'"1""""'.4"'7s:;-c_5=71 36 Balance in nil Depositories Per Dank Statements ' (Detail on Reverse Side) ...... ------'$ $53,235,657.281 37 Deposits in Tnmsit (Detail on Reverse Side) .. . $166.929.221 i 38 Proot:.. $ $53,235,657.281$ $53,235,657.281

ANALYSIS OF CASH ON HAND AT CLOSE OF MONTH: (a) C<1sh Change Fund Advanced by County ... $ ------"'$5~0~0::o.O~O: (b) Receipts Deposited in Depositories ... (c) Uncollected Items on Hand (List on Reverse Side) (d) Total (Must Agree With Line 26 Above) $500.001

State of Indiana, Monroe County: SS: I, the undersigned treasurer of the aforesaid County and State hereby certify that the foregoing report is true and correct to the best of my ~wledge and bel~f. , .

Dated this 25th dayofAptil, 2011 -~..£~~ County Treasurer Note: Prepare in quadmplicate, retain one copy and give three copies to the County Auditor. Original (White) --To be filed with County Auditor for Board of Finance. Duplicate (Blue) ··To be filed with County Auditor for Board of Commissioners. Triplicate (Pink) --To be filed with County Auditor for transmission to State Board of Accounts. Quadruplicate (Cnnmy) --To be retained by County Treasurer.

IF!H;; 1011 ml /,/ .//'V 7 Auditor :":1onioe County, fndiana

Page 1 of 143 STATEMENT OF DEPOSITORY BALANCES AT CLOSE OF MONTH

Balance Per Daily Balance Per Bank Deposits in Transit Outstanding Warrant- Balance Cash & COUNTY TREASURER'S Name and Location of Depository Statements (Add) Checks (Deduct) Depositories Chase $902,415.91 $0.00 $116.34. $880,683.47 $0.00 $21,616.10 ## $0.00 $0.00

Required by IC 36-2-10-16 Monroe County Acct #01 $249,144.30 $403.85 $30.10. $147,772.79 and IC 5-13 $26,633.16 ## ... $75,112.10 MONROE COUNTY Month ending Chase Savings ' $19,275,935.28 $0.00 $5,722.86 • $19,270,212.42 March 31. 2011 ' First Financial Bank-Ck $8,590,910.94 $166,423.37 $1,831.58 $8,010,754.73

'· $102.00 $590,239.45 $0.00 $154,610.55

First Financial Bank $20,702,410.56 $0.00 $13,178.75. $20,689,231.81 '" Monroe County Acct #02 .~ $500.00 $0.00 $0.00 • $500.00 Monroe County Acct #03 ' _;J $3,514,340.29 $0.00 $2,387.58 • $3,511,952.71 Totals $53,235,657.28 $166.929.22 $891,478.57 $52,511,107.93 . Interest •• Outstanding Checks ... Reconcilling item per St Bd of Accts .... Bank Error (Checks and other items returned by depositories and in process of collection at close of month)

Returned by (Name of Reason for Date Originally Received Received From For Date Returned Amount Depository) Return Page 2of143

Total

Note: If additional space is needed attach sheet giving above information for all items. MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: ------,--­

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: Employee Health Cliniq update and presentation

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA: May 6, 2011 --~~------

CONTACT PERSON: Rhonda Foster PHONE NUMBER: ------X 7313 PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT: Human Resources/Commissioners

HAS THE MONROE COUNTY LEGAL DEPARTMENT ITEM? Yes ___ No ___:_:_X___

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ------­

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? Local Match Total?

SIGNED: Rhonda Foster DATE: May 2, 2011

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 3 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: 11-13 Community Corrections Amended Grant

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY /S NOT WRITTEN.

EXECUTIVE SUMMARY: The Indiana Department of Correction (I DOC) has awarded Monroe County Community Corrections $682,840 for base grant programming and $6,950 (advance on reimbursements) for the Community Transition Program (CTP). The new grant contract will cover July 1, 2011 through June 30, 2013. Monroe County Community Corrections programming includes: Community Alternative Supervision Program (4 levels of supervision using day reporting and home detention with electronic monitoring ), Juvenile Alternative Management Services (various services such as Aggression Replacement Training, Functional Family Therapy, home detention and tutoring) Road Crew and Public Restitution. Monroe County Community Corrections was assessed by a State grant review committee and designated as a Level 1 program -which is the highest designation for implementing evidence based practices.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA: May 6, 2011 --~~~------

CONTACT PERSON: TOM RHODES PHONENUMBER: ~34~9~-2=0~00~------

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT: Probation/Community Corrections

Yes X ·No HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? --- INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal __R_en_e_w_a_l______

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? $682,840 Local Match Total? $682,840

SIGNED: Linda Brady DATE: _4_-....,.2_8-.,..,1_1-=-----=---=----:--=-=,------,­ (2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 4 of 143 Department of Correction .. Indiana Government Center- South Mitchell E. Daniels, Jr. 302 W. Washington Street • Indianapolis, Indiana 46204-2738 Bruce Lemmon Governor PhOne: (317) 232-5727 • Fax: (317) 232-6798 • Website: www.in.gov/idoc/ Commissioner

April20, 2011

Monroe County Board of County Commissioners The Courthouse, Room 322 Bloomington, IN 47404

Re: Intent to Award

Dear Monroe County Board of County Commissioners:

The Indiana Department of Correction is pleased to announce Monroe County Community Corrections will be awarded State funding for July I, 2011 through June 30, 2012 in the amount of$689,790.00. This award amount is contingent upon the General Assembly's approval of the funding currently being requested for the upcoming fiscal year and is subject to change. ···...... Monroe County Community Corrections is eligible for $682,840.00 ofbase funcl,ing.~d $6,95.0 ..QO in:.·. ·'·' '· ···· ' Community Transition funds during fiscal year 2011-2012. Community Corrections Agencies Will still recd:Ve twenty-five percent of the total allocated funds at the beginning ofthe grant year and will continue to draw down and then bill those reimbursable amounts for the Community Transition Program.

Monroe County Community Corrections must submit all required documentation verifying compliance with performance objectives outlined in the 2011-2013 grant application to be able to access all funding available.

The enclosed grant agreement must be signed and returned to the Department of Correction, Community Corrections Division no later than May 15, 2011 to expedite when funds will be distributed.

The Indiana Department of Correction has reviewed your grant application for fiscal year 2011-2012. The Grant Review Committee consisting of members from the Indiana Department of Correction, Indiana Department of Mental Health and Addiction, and the Indiana Judicial Center determined that your application has a Level 1 designation following the required meeting with your county representatives. Following the grant review process for the fiscal year of 2011-2013, the Indiana Department of Correction (IDOC) and grant review committee members have assessed the grants and have assigned a designation ofLevel 1, 2, or 3 to each grant application county. This Level system is based on: the number of felony offenders proposed by each county to be served; the number of felony offenders actually served by each county; the level of commitment in utilizing evidence based practices and demonstrating the effectiveness ofthe programs presently funded, and the specific county population level.

The Levels 1, 2, and 3 are indicative of the amount of implementation of evidence based practices and the evidence of implementation. Level 1 represents a high amount of substantiation of implementation of evidence

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Page 5 of 143 based practices. Level 2 represents a moderate amount of substantiation of implementation of evidence based practices. Level 3 represents a low amount of substantiation of implementation of evidence based practices.

In the future, funding decisions will be directly related to data as reported by counties in the grant applications, as well as, adherence to evidence based practices-which requires that outcomes are measurable. It is the desire of the Indiana Department of Correction (IDOC) to partner with the county and assist your Community Corrections Agency in complying with evidence based correctional practices.

Each county or agency will receive an individual implementation plan which will address deficiencies found. Upon compliance with required changes as outlined in an individual implementation plan, the county will be eligible to receive funding for the following fiscal year.

Your county/agency has been determined to be a Levell county/agency. IDOC staff will be working with your county to develop and implement your individual implementation plan. Congratulations on your achievement thus far in implementing and complying with Evidence Based Practices. Due to your continual efforts, focus and dedicatio:r;t to these high standards, you are not at risk ofreceiving a deduction in funding during the . upcoming fiscal year and will only be required to resubmit your budget in preparation for the second year of the current grant cycle.

Congratulations on this grant award and we look forward to working with you on Community Corrections initiatives during the upcoming year.

(!erely, . I! AM.C.C... 0 ~.,.....

Bruce Lemmon Commissioner

Cc: Monroe County, Community Corrections Advisory Board Chairperson Monroe County, Community Corrections Advisory Board Members Tom Rhodes, Director, Monroe County Community Corrections

Page 6 of 143 GRANT AGREEMENT EDS #D25-12-039

This Grant Agreement, entered into by and between the State oflndiana (the-"State") through the Indiana Department of Correction (the "Department") and the Board of County Commissioners and Auditor of Monroe County (the "Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows:

1. Purpose of this Grant Agreement

The purpose of this Grant Agreement is to enable the Department to award a grant of Six Hundred Eighty-Nine Thousand, Seven Hundred Ninety Dollars ($689,790.00) from the State's Community Corrections Grant Fund established at IC 11-12-1 to the Grantee for eligible costs of the Project or services as described in Exhibits A and B of this Grant Agreement. The funds shall be used exclusively in accordance with the provisions contained in this Grant Agreement, Grantee's Application submitted for this Grant, and the Community Corrections Grant Act Procedural Manual (the "Procedural Manual"), as the same may be amended from time to time. By signing this Grant Agreement, Grantee acknowledges that it has received a copy of the Procedural Manual.

2. Term

This Grant Agreement shall be effective for a period of twelve months. It shall commence on I!!lY.l.,. 2011 and shall remain in effect through June 30, 2012.

3. Design and Implementation of Project

The Grantee shall be solely responsible for the proper design and implementation of the Project as described in Exhibit A, attached hereto and incorporated fully herein. The Grantee agrees to complete the Project in accordance with the plans and specifications contained in its application and any amended grant applications(s) (collectively, the "Application"), which is on file with the Department and is incorporated by reference. Modification of the Project shall require prior written approval ofthe Department.

A. Grantee shall implement those components of the Community Corrections Grant Program which have been approved for funding by the Department as set forth in the Application. The Application constitutes and includes the Community Corrections Plan and application for financial aid formulated and approved, pursuant to statutory requirement, by the Community Corrections Advisory Board of the county. Implementation shall be in conformance with IC 11-12-2-1, et. seq., and 210 Indiana Administrative Code, and shall be to the satisfaction of Department. Grantee represents and warrants that all matters set forth in the Application are true and accurate as of the date this Grant Agreement is signed by the Grantee.

B. Grantee agrees that funds granted pursuant to this Grant Agreement shall be expended in accordance with the approved budgeted line items as set forth in Exhibit B (Exhibit B consists of Application sections C and D). However, the Department may authorize, in advance, the transfer or re­ allocation of funds pursuant to written procedures established by the Department.

C. Grantee shall establish a separate fund to be known as the "Community Corrections Grant Fund" for the purpose of receiving and disbursing funds pursuant to this Grant Agreement. This fund shall be used only for funds received pursuant to this Grant Agreement and shall not be co-mingled with any other funds received by the County Corrections Agency. Disbursement records shall be kept in a manner prescribed by the Department and the State Board of Accounts and shall be available to the Department

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Page 7 of 143 and/or the State Board of Accounts upon request. Grantee further agrees that Project income (i.e. user fees or other income derived from the operation of a Community Corrections Program funded by a state grant) shall be disbursed only in furtherance of the approved community corrections program and only with the prior approval of the Department. A separate fund shall be established for Project income and identified as the "Community Corrections Project Income Fund." Expenditures from this fund shall be accounted for in the same manner as all other expenditures of Community Corrections grant money.

D. Grantee agrees to refund to the State oflndiana any funds from the grant not expended or encumbered in the approved performance of this Grant Agreement. If Grantee is recipient of a Community Corrections Grant from Department for the next grant cycle, a sum equal to such funds not expended or encumbered from this grant shall be subtracted from the new grant and the funds remaining with Grantee may be used in furtherance thereof.

E. Grantee agrees that any domiciliary care program shall be conducted in such a manner as to meet the standards promulgated by the State Board of Health, the State Fire Marshal and the Fire Prevention and Building Safety Commission, and other applicable standards and statutes. Any facilities so used shall be subject to inspection in the same manner as all other facilities and programs which are supported by public funds.

F. Grantee agrees that all programs involving residential care shall be governed by applicable licensing, inspection, and other supervisory requirements imposed by law.

G. Grantee agrees that any programs of referral shall be required to meet all State and Federal licensing requirements.

H. Grantee agrees that any court supervised programs, including any form of specialized probation services shall meet standards prescribed by the Probation Standards and Practices Committee as promulgated by the Judicial Conference

I. Grantee agrees to comply with all policies as outlined within the Procedural Manual.

J. Grantee agrees to furnish Department with an annual report which shall contain an evaluation of the activities of the program, recommendations for improvement, modification, or discontinuance of the program or such other data which Department might reasonably require. Said annual report shall be submitted within ten (10) days of the close of the fiscal year.

K. Grantee agrees to submit progress and other reports to Department in accordance with department procedures, rules and regulations and in formats prescribed by Department.

L. Grantee agrees to allow Department to inspect its program activities and examine the records of the Community Corrections Fund at reasonable times and intervals.

M. The Grantee agrees to maintain records and accounts consistent with accounting principles as prescribed by the State Board of Accounts and the Department. The Grantee additionally agrees to provide for such fiscal control as is necessary to assure proper disbursing of, and accounting for, Project grant funds. The Grantee further certifies that accounts and supporting documentation relating to expenditures will be adequate to permit an accurate and expeditious audit. Grantee agrees to allow upon request, audits by the State Board of Accounts or the Department. Such audits will be performed in accordance with compliance guidelines established by the State Board of Accounts and the Department.

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Page 8 of 143 N. Grantee agrees to establish and maintain a Community Corrections Advisory Board (CCAB) pursuant to IC 11-12-2-2 and this Grant Agreement. A Community Corrections Advisory Board shall: 1. formulate the corrections plan and the application for financial aid; 2. observe and coordinate the operation of community corrections programs in the county; 3. make an annual report to the county executive or in a county having a consolidated city, the city-county council containing an evaluation of the effectiveness of programs receiving financial aid under IC 11-12 concerning compliance with the standards adopted by the Department under IC 11-12-2-5; 4. recommend to the county executive or, in a county having a consolidated city, the city­ county council, the approval or disapproval of agreements with units of local government or non-governmental agencies that desire to participate in the community corrections plan; 5. review recommendations from the program director for utilization of user fees and determine the most appropriate use of same, subject to department approval; 6. ensure that programs receiving financial aid are in compliance with IC 11-12-2-5. 7. adopt bylaws for the conduct of its own business; 8. hold a regular meeting at least one (1) time every three (3) months and at other times as needed to conduct all necessary business. Date of regular meetings shall be established at the first meeting of each year; 9. comply with the public meeting and notice requirements under IC 5-14-1.5; 10. conduct business in a manner established in the board bylaws; 11. cause written minutes of the meetings to be recorded; 12. provide the Department with a copy of the minutes by the tenth working day following the end of each quarter; 13. ensure that no individual board member or duly appointed designee is permitted by bylaw to cast more than one vote on any resolution or other matter to come before the board. The total number of votes shall not exceed the total number ofboard members (including designees) present at the time of vote.

0. Grantee agrees to establish and maintain within the agency responsible for program implementation a daily ledger in such form as approved by the State Board of Accounts. Said daily ledger shall include receipts, expenditures and balances by category and line item corresponding to the budget of the approved application for funds. Such a ledger shall be in addition to, and not a substitute for, any and all fiscal and other records of the Auditor of County. Further, said ledger shall be used to account for funds regardless of source (state grant, program user fees, etc.).

P. The Advisory Board agrees that the program shall implement and utilize evidence-based practice models. Such evidence-based practices must:

• Be based on the Principle for Effective Intervention assessment of actuarial risk/needs,

• Enhance intrinsic motivation, and

• Target intervention by gathering of relevant information on risk, needs, responsivity on offenders and identifying problems, reviewing relevant research, developing interventions based on offender characteristics and what relevant research says about intervening with such an offender, making appropriate referrals and placements and evaluating the placement.

Q. The Advisory Board agrees that the program will certify the appropriate staff in the Indiana Risk Assessment System (IRAS) and Indiana Youth Assessment System (IYAS) as applicable for completing primary

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Page 9 of 143 risk and needs assessments according to the policies adopted by the Judicial Conference oflndiana and Indiana Department of Correction and that the assessment data for all IRAS and IYAS assessments will be entered into the Incite application provided by the Judicial Automation and Technology Committee.

4. Monitoring Reviews by the State

The Department may conduct an on-site monitoring review of the Project. Such monitoring review will document the following:

A. Whether Project activities are consistent with those set forth in Exhibit A, the grant applications, and the terms and conditions of the Grant Agreement.

B. A complete, detailed analysis of actual state, local and/or private funds expended to date on the Project and conformity with the amounts for each budget line item as set forth in Exhibit B, attached hereto and incorporated herein.

C. A detailed listing of all Project costs by Project budget line item which are accrued yet unpaid, if any.

D. Grantee's timely progress in Project management, financial management and control systems, procurement systems and methods, and performance relative to timely submission of Project reports.

5. Payment of Grant Funds by the State

The payment of this Grant by the Department to the Grantee shall be made in accordance with the following schedule and conditions:

A. This Grant Agreement must be fully executed.

B. All the evidentiary materials required by Exhibits A and B, attached hereto and incorporated herein, must be submitted to and approved by the Department.

C. Any other grant conditions as specified in Exhibits A and B must be met to the Department's satisfaction.

D. The Department may require evidence furnished by the Grantee that substantial progress has been made toward completion of the Project prior to making the first payment under this Grant. All payments are subject to the Department's determination that the Grantee's performance to date conforms to the Project as approved, notwithstanding any other provision of this Grant Agreement.

E. If advance payment of a portion of the grant funds is permitted by statute, and the Department agrees to provide such advance payment, it shall be made only upon submission of a proper claim setting out the intended purposes of those funds. After such funds have been expended, Grantee shall provide the Department with a reconciliation of those expenditures.

F. The Grantee shall submit to the Department written progress reports until the completion of the Project. These reports shall be submitted on a monthly basis. These reports must detail progress made toward the completion of the Project described in Exhibit A.

G. If this Grant Agreement is terminated by either party prior to the Expiration Date set forth in Paragraph 2 of this Grant Agreement, pursuant to Paragraph 4 of the Grant, the Department may

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Page 10 of 143 promptly conduct an on-site monitoring of the Project and complete a Project monitoring report as described in Paragraph 4 of this Grant Agreement.

H. Failure to complete the Project and expend State, local and/or private funds in accordance with this Grant Agreement may be considered a material breach, and shall entitle the. Department to impose sanctions against the Grantee including, but not limited to, suspension of all grant payments, and/or suspension of the Grantee's participation in State grant programs until such time as all material breaches are cured to the State oflndiana's satisfaction. Sanctions may also include repayment of all Department funds expended that are not in the scope of this Project or the budget.

I. All payments shall be made by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Grant except as permitted by IC 4-13-2-20 or by IC 11-12-2 or 210 lAC 2-1-3 and 2-1-4.

J. Department agrees to pay to Grantee a grant amount not to exceed the amount of the Grant Agreement in the following manner:

1. The grant shall be divided by the number of months in the grant period. Said funds shall be paid monthly in arrears as soon as the regular fiscal procedures of the State of Indiana shall permit. The Department may not advance more than twenty-five percent (25%) of the amount of the grant. The Department shall only distribute those funds necessary to fund the Community Corrections plan.

2. All claims for payment hereunder shall be certified to the Department by the Auditor of the County.

3. All grant payments shall be made payable to the Auditor of the County.

6. Audits and Maintenance of Records

Grantee shall submit to an audit of funds paid through this Grant Agreement, and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement and for a period of three (3) years after final payment for inspection by the Department or its authorized designee. Copies shall be furnished to the State at no cost. Grantee agrees to allow, upon request, audits by the State Board of Accounts or its designee. Such audits will be performed in accordance with compliance guidelines established by the State Board of Accounts. Grantee agrees to comply with reporting requirements prescribed by the State Board of Accounts. Grantee further agrees to allow performance audits to guarantee compliance with the Grant Agreement, the Procedural Manual, and any applicable statutes.

7. Project Budget and Budget Modification

The approved Project budget is set forth as Exhibit B of this Grant Agreement, attached hereto and incorporated herein. The Grantee shall not spend more than the amount for each line item, as described in the budget, without the prior written consent of a duly authorized representative of the Department, nor shall the Project costs funded by this Grant Agreement and those funded by the local and/or private share be amended without the prior written consent of the Department.

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Page 11 of 143 8. Statutory Authority of Grantee

The Grantee expressly represents and warrants to the Department that it is statutorily eligible to receive these monies and it expressly agrees to repay all monies paid to it under this Grant, should a legal determination of its ineligibility be made by any court of competent jurisdiction.

9. Use of Grant Funds by Grantee

The funds received by the Grantee pursuant to this Grant Agreement shall be used only to implement the Project or provide the services in conformance with the budget and for no other purpose.

10. Compliance with Laws

A. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and the Grantee to determine whether the provisions of this Grant Agreement require formal modification.

B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State oflndiana, as set forth in Indiana Code§ 4-2-6 et seq., IC § 4-2-7, et. seq., the regulations promulgated thereunder, and Executive Order 04-08, dated April27, 2004. If the Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at http://www.in.gov/ethics/. If the Grantee or its agents violate any applicable ethical standards, the Department may, in its sole discretion, terminate this Grant Agreement immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under Indiana Code§§ 4-2-6-12 and 4-2-7, and under any other applicable laws.

C. The Grantee certifies by entering into this Grant Agreement, that neither it nor its principal(s) is presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the State oflndiana. Further, the Grantee agrees that any payments in arrears and currently due to the Department may be withheld from payments due to the Grantee. Additionally, further payments may be withheld, delayed, or denied and/or this Grant Agreement suspended until the Grantee is current in its payments and has submitted proof of such payment to the Department.

D. The Grantee warrants that it has no current or outstanding criminal, civil, or enforcement actions initiated by the State oflndiana pending, and agrees that it will immediately notify the Department of any such actions. During the term of such actions, Grantee agrees that the Department may delay, withhold, or deny work under any supplement, amendment or contractual device issued pursuant to this Grant Agreement.

E. If a valid dispute exists as to the Grantee's liability or guilt in any action initiated by the State of Indiana or its agencies, and the Department decides to delay, withhold, or deny funding to the Grantee, the Grantee may request that funding be continued. The Grantee must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the Department may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest except as permitted by IC 5-17-5.

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Page 12 of 143 F. The Grantee warrants that the Grantee and its sub grantees, if any, shall obtain and maintain all required permits, licenses, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the Department. Failure to do so is a material breach and grounds for immediate termination of this Grant Agreement and denial of further payment by the Department.

G. The Grantee hereby affirms that it is properly registered and owes no outstanding reports with the Indiana Secretary of State.

A. H. As required by IC 5-22-3-7: (1) The Contractor and any principals of the Contractor certify that: (A) the Contractor, except for de minimis and nonsystematic violations, has not violated the terms of: (i) IC 24-4.7 [Telephone Solicitation Of Consumers]; (ii) IC 24-5-12 [Telephone Solicitations]; or (iii)IC 24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty-five (365) days, even ifiC 24-4.7 is preempted by federal law; and (B) the Contractor will not violate the terms ofiC 24-4.7 for the duration ofthe Contract, even if IC 24-4.7 is preempted by federal law. (2) The Contractor and any principals of the Contractor certify that an affiliate or principal of the Contractor and any agent acting on behalf of the Contractor or on behalf of an affiliate or principal of the Contractor (A) except for de minimis and nonsystematic violations, has not violated the terms ofiC 24-4.7 in the previous three hundred sixty-five (365) days, even ifiC 24-4.7 is preempted by federal law; and (B) will not violate the terms ofiC 24-4.7 for the duration of the Contract, even ifiC 24-4.7 is preempted by federal law.

11. Drug-Free Workplace Certification

The Grantee hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. Grantee will give written notice to the Department within ten (I 0) days after receiving actual notice that the Grantee or an employee of the Grantee in the State oflndiana has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of grant payments, termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three (3) years. In addition to the provisions of the above paragraphs, if the total Grant amount set forth in this Grant Agreement is in excess of $25,000.00, Grantee hereby further agrees that this Grant Agreement is expressly subject to the terms, conditions and representations of the following Certification:

This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of Administration is requiring the inclusion of this certification in all grants with and grants from the State oflndiana in excess of $25,000.00. No award of a grant shall be made, and no grant, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Grantee and made a part of the Grant Agreement as part of the Grant documents.

The Grantee certifies and agrees that it will provide a drug-free workplace by:

Page 7 of 14 Monroe County

Page 13 of 143 A. Publishing and providing to all of its employees a statement notifying them employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and

B. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the Grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; and

C. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment the employee will (1) abide by the terms ofthe statement; and (2) notify the Grantee of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; and

D. Notifying in writing the Department within ten (I 0) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; and

E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (I) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and

F. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (A) through (E) above.

12. Funding Cancellation

When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Grant Agreement, it shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.

13. Information Technology Accessibility Standards

If the Contractor provides any information technology related products or services to the State, the Contractor shall comply with all lOT standards, policies and guidelines, which are online at http://iot.in.gov/architecture/. The Contractor specifically agrees that all hardware, software and services provided to or purchased by the State shall be compatible with the principles and goals contained in the electronic and information technology accessibility standards adopted under Section 508 of the Federal Rehabilitation Act of 1973 (29 U.S.C. 794d) and IC 4-13.1-3. Any deviation from these architecture requirements must be approved in writing by lOT in advance. The State may terminate this Contract for default if the Contractor fails to cure a breach of this provision within a reasonable time.

14. Nondiscrimination

Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the

Page 8 of 14 Monroe County

Page 14 of 143 Americans with Disabilities Act, the Contractor covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee or applicant's: race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state, or local law ("Protected Characteristics"). Furthermore, Contractor certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services.

15. Notice to Parties

Whenever any notice, statement or other communication is required under this Grant, it shall be sent to the following addresses, unless otherwise specifically advised.

A. Notices to the State shall be sent to:

Bruce Lemmon, Commissioner Indiana Department of Correction E-334, IGC-S 302 West Washington Street Indianapolis, Indiana 46204

B. Notices to the Grantee shall be sent to:

Tom Rhodes, Director 405 W. 7th Street Suite 2 Bloomington, IN 47404

C. As required by IC 4-13-2-14.8, payments to the Grantee shall be made via electronic funds transfer in accordance with instructions filed by the Grantee with the Indiana Auditor of State.

16. Order of Precedence

Any inconsistency or ambiguity in this Grant Agreement shall be resolved by giving precedence in the following order: (I) This Grant Agreement, (2) Attachments prepared by the State, (3) Attachments prepared by Grantee; ( 4) Invitation to Apply for Grant; and (5) the Grant Application.

17. Termination for Convenience

This Grant Agreement may be terminated, in whole or in part, by the Department whenever, for any reason, the Department determines that such termination is in the best interest of the Department. Termination shall be effected by delivery to the Grantee of a Termination Notice, specifying the extent to which such termination becomes effective. The Grantee shall be compensated for completion of the Project properly done prior to the effective date of termination. The Department will not be liable for work on the Project performed after the effective date of termination. In no case shall total payment made to the Grantee exceed the original grant.

Page 9 of 14 Momoe County

Page 15 of 143 18. Confidentiality of State Information

The Grantee understands and agrees that data, materials, and information disclosed to Grantee may contain confidential and protected data. Therefore, the Grantee promises and assures that data, material, and information gathered, based upon or disclosed to the Grantee for the purpose of this Grant Agreement, will not be disclosed to others or discussed with third parties without the prior written consent of the Department.

19. Debarment and Suspension

Grantee certifies, by entering into this Grant Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Grant Agreement by any federal agency or by any department, agency or political subdivision of the State oflndiana. The term "principal" for purposes of this Grant Agreement means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of Grantee.

20. Disputes

Should any disputes arise with respect to this Grant Agreement, Grantee and the Department agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes.

A. The Grantee agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under this Grant Agreement that are not affected by the dispute. Should the Grantee fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs incurred by the Department or the Grantee as a result of such failure to proceed shall be borne by the Grantee, and the Grantee shall make no claim against the Department for such costs. If the Department and the Grantee cannot resolve a dispute within ten (I 0) working days following notification in writing by either party of the existence of a dispute, then the following procedure shall apply:

B. The parties agree to resolve such matters through submission of their dispute to the Commissioner of the Indiana Department of Administration. The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the Grantee and the Department within ten (10) working days after presentation of such dispute for action. The Commissioner's decision shall be final and conclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner's decision, a written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision may be reconsidered. If no reconsideration is provided within ten (10) working days, the parties may mutually agree to submit the dispute to arbitration for a determination, or otherwise the dispute may be submitted to an Indiana court of competent jurisdiction.

C. The Department may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by the Department to the Grantee of one or more invoices not in dispute in accordance with the terms of this Grant Agreement will not be cause for Grantee to terminate this Grant Agreement, and the Grantee may bring suit to collect these amounts without following the disputes procedure contained herein.

Page 10 of 14 Monroe County

Page 16 of 143 21. Force Majeure

In the event that either party is unable to perform any of its obligations under this Grant Agreement or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Grant Agreement shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice ofthe Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Grant Agreement.

22. Governing Laws

This Grant Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State oflndiana.

23. Indemnification

The Grantee agrees to indemnify, defend, and hold harmless the State of Indiana, its agents, officials, and employees from all claims and suits including court costs, attorney's fees, and other expenses caused by any act or omission ofthe Grantee and/or its sub-grantees, if any, in the performance of this Grant Agreement. The State of Indiana shall not provide such indemnification to the Grantee.

24. Licensing Standards

The parties agree that Grantee and its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the Grantee pursuant to this Grant Agreement. The Department shall not be required to reimburse Grantee for any services performed when Grantee or its employees or · subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If licensure, certification or accreditation expires or is revoked, Grantee shall notify the Department immediately and the Department, at its option, may immediately terminate this Grant Agreement.

25. Ownership of Documents and Materials

All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the Grantee prior to execution of this Grant Agreement, but specifically developed under this Grant Agreement shall be considered "work for hire" and the Grantee transfers any ownership claim to the State oflndiana and all such materials will be the property of the State oflndiana. Use of these materials, other than related to agreement performance by the Grantee, without the prior written consent of the Department, is prohibited. During the performance of this Grant Agreement, the Grantee shall be responsible for any loss of or damage to these materials developed for or supplied by the Department and used to develop or assist in the services provided herein while the materials are in the possession of the Grantee. Any loss or damage thereto shall be restored at the Grantee's expense. Full, immediate, and unrestricted access to the work product of the Grantee during the term of this Grant Agreement shall be available to the Department.

Page 11 of 14 Monroe County

Page 17 of 143 26. Penalties/Interest/Attorney's Fees

The Department will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law, in part, IC 5-17-5, IC 34-54-8, and IC 34-13-1.

Notwithstanding the provisions contained in IC 5-17-5, the Parties stipulate and agree that any liability resulting from the State oflndiana's failure to make prompt payment shall be based solely on the amount of funding originating from the State of Indiana and shall not be based on funding from federal or other sources.

27. Severability

The invalidity of any section, subsection, clause or provision of this Grant Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Grant Agreement.

28. Substantial Performance

This Grant Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification thereof.

29. Successors and Assignees

The Grantee binds its successors, executors, administrators, and assignees to all covenants of this Grant Agreement. Except as above set forth, the Grantee shall not assign, sublet or transfer interest in this Grant Agreement without the prior written consent of the State oflndiana.

30. Termination for Default.

With the provision of thirty (30) days notice to the Grantee, the Department may terminate this Grant Agreement in whole or in part, if the Grantee fails to:

A. Correct or cure any breach of this Grant Agreement; B. Fail to abide by any tenns and conditions of this Grant Agreement or the Procedural Manual; C. Make progress so as to endanger Project funded by this Grant Agreement; or D. Perform any of the other provisions of this Grant Agreement.

31. Waiver of Rights

No right conferred on either party under this Grant Agreement shall be deemed waived and no breach of this Grant Agreement excused, unless such waiver or excuse is in writing and signed by the party claimed to have waived such right. ·

32. Work Standards

The Grantee shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the Department becomes dissatisfied with the work product ofor the working relationship with those individuals assigned to work on this Grant Agreement, the Department may request in writing the replacement of any or all such individuals, and Grantee shall grant such request.

Page 12 of 14 Monroe County

Page 18 of 143 33. Property Rights

The Grantee further agrees that all fixed assets purchased with funds provided through this Grant Agreement or generated through Project income remain the property of the Community Corrections program. These fixed assets are not the property of any other entity that may be assigned said assets. Disposal of fixed assets must be done in a manner consistent with the county policy.

THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.

Page 13 of 14 Monroe County

Page 19 of 143 Non-Collusion and Acceptance

The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract.

In Witness Whereof, Contractor and the State have, through their duly authorized representatives, entered into this Contract. The parties, having read and understood the foregoing terms of this Contract, do by their respective signatures dated below hereby agree to the terms thereof.

Indiana Department of Correction Board of Monroe County Commissioners

By: ______Bruce Lemmon, Commissioner Printed Name: ______County Commissioner Date: ______Date: ------

Indiana Department of Administration By:~~------­ ______(for) Printed Name: ------Robert D. Wynkoop, Commissioner County Commissioner Date: ------Date: ------State Budget Agency By: ~~------­ Printed Name: ------County Commissioner ------(for) Date: Adam M. Horst, Director

Date: ------

Approved as to Form & Legality: Auditor of Monroe County Office of the Attorney General

Form approval has been granted by the By:~~------­ Office ofthe Attorney General pursuant to Printed Name: ------IC 4-13-2-14.3(3) on March 16, 2011. Auditor FA 11-07 Date:------­

Page 14 of 14 Monroe County

Page 20 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Resolution 2011-18 Nomination to the National Register of Historic Places for the Matthews Stone Company Historic District (Case 1103-HPNR-01)

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

Monroe County (c/o the Historic Preservation Board) is a Certified Local Government (CLG) entity. According to the Indiana Certified Local Government Regulations, CLG's shall participate in the nomination of properties to the National Register. Applications for properties located entirely within the jurisdiction of a CLG will be directed to and processed by that CLG.

The Matthews Stone Company Historic District is comprised of the current day Bybee Stone Company property at 6293 N. Matthews Drive and the Matthews Mansion at 6445 W. Maple Grove Road. The district is a complex of buildings associated with an early family owned stone company. Jolm Matthews, an accomplished stone carver from England came to Monroe County in 1849. In 1862, after working for a quarry in Stinesville, Matthews opened his own stone company on land he purchased just north of Ellettsville. During their meeting on April 11, 2011, the Monroe County Historic Preservation Board of Review considered petition #1103-HPNR-01, the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District (Resolution 20 11-18) and made a recommendation to approve thereon, based on the findings, with a vote of 6-0.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA:----'---'M=a"'-y-06-'---,2=-cO:..::l-=-1______

CONTACT PERSON: Erin Shane PHONE NUMBER:

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person Erin Shane

OFFICE/DEPARTMENT: _P_1a_n_n_in---'g"------­

HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes ---X No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED: Federal or State? Local Match Total?

SIGNED: DATE: (2 copies must-~~-~~~-~~~~~ be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 21 of 143 Resolution 2011-18

A resolution supporting the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District.

WHEREAS, The Monroe County Historic Preservation Board of Review was established on January 26, 2001;

WHEREAS, Monroe County was designated a Certified Local Government (CLG) by the (NPS) and the Indiana State Historic Preservation Office on March 31, 2003;

WHEREAS, Certified Local Governments shall participate in the nomination of properties to the National Register;

WHEREAS, The Monroe County Historic Preservation Board of Review, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register.

WHEREAS, the Monroe County Historic Preservation Board of Review conducted an advertised public hearing on the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District (Case #11 03-HPNR-01 ), on the following date, and heard and accepted all public comments and objections during the hearing: April 11, 2011 ;.

WHEREAS, the Monroe County Historic Preservation Board of Review approved the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District on April 11, 2011, and certified the nomination to the Board of Commissioners of the County of Monroe, Indiana ("Board of Commissioners");

WHEREAS, The Monroe County Board of Commissioners shall transmit the report of the Board of Review and their recommendation to the State Historic Preservation Officer (SHPO);

WHEREAS, the Board of Commissioners has received and reviewed the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District;

WHEREAS, the Board of Commissioners hereby finds that the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District would promote the educational, cultural, economic, aesthetic and general welfare of the public through the preservation and protection ofhistoric or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares and neighborhoods throughout the unincorporated areas of Monroe County, Indiana;

Page 22 of 143 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners as follows:

1. The nomination described above is hereby accepted and approved.

2. The Monroe County Historic Preservation Board of Review shall be, and hereby is, directed to transmit to the Division of Historic Preservation and Archaeology the completed National Register Application, the Historic Preservation Board of Review's report, and this Resolution 2011-18 of the Board of Commissioners.

Adopted this 6111 day of May, 2011.

BOARD OF COMMISSIONERS OF THE COUNTY OF MONROE, INDIANA

"AYES" "NAYS"

PATRICK STOFFERS, President PATRICK STOFFERS, President

IRIS KIESLING, Vice-President IRIS KIESLING, Vice-President

MARK STOOPS, Member MARK STOOPS, Member

ATTEST: ------Amy Gerstman, Auditor

Page 23 of 143 OFFICE OF MONROE COUNTY PLAN COMMISSION COURTHOUSE- ROOM 306 BLOOMINGTON, IN 47404

TO: THE COMMISSIONERS OF MONROE COUNTY, INDIANA

CERTIFICATION

I, Larry Wilson, hereby certify that during its meeting on April II, 20 II, the Monroe County Historic Preservation Board of Review considered petition# II 03-HPNR-0 I, the nomination to the National Register of Historic Places for the Matthews Stone Company Historic District (Resolution 2011­ 18) and made a recommendation to approve thereon, based on the findings, with a vote of 6-0.

This nomination to the National Register of Historic Places for the Matthews Stone Company Historic District is being forwarded for your consideration pursuant to Certified Local Government regulations.

Ian Commission Secretary

Date

Page 24 of 143 8

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Page 26 of 143 NPS Form 10900 OMB No. 10240018 (Expires 513112012)

United States Department of the Interior National Park Service National Register of Historic Places Registration Form

This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional certification comments, entries, and narrative items on continuation sheets if needed (NPS Form 10-900a).

1. Name of Property historic name Matthews and Sons Stone Company and Graymont other names/site number Matthews Brothers Cut Stone Company; Bybee Stone Company, Inc.; Matthews Mansion; 105-055-16001-16005

2. Location street & number 6293 North Matthews Drive and 6445 West Maple Grove Road not for publication: N/A city or town Ellettsville vicinity: N/A state zip code 47429 Indiana code IN county ~M~o~n~r~o~e____ code 105 ------

3. State/Federal Agency Certification

As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this _ nomination _ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property __ meets __ does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: - national - statewide - local

Signature of certifying official Date

Title State or Federal agency/bureau or Tribal Government In my opinion, the property _meets_ does not meet the National Register criteria.

Signature of commenting official Date

Title State or Federal agency/bureau or Tribal Government

4. National Park Service Certification I, hereby, certify that this property is:

_entered in the National Register _determined eligible for the National Register

_determined not eligible for the National Register _ removed from the National Register

_other (explain:) -

Signature of the Keeper Date of Action

1 Page 27 of 143 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

5. Classification

Ownership of Property Category of Property Number of Resources within Property (Check as many boxes as apply) (Check only one box) (Do not include previously listed resources in the count.)

Contributing Noncontributing private 5 4 buildings public - Local district public - State 1 site public- Federal 7 structure 17 4 object 30 9 Total

Name of related multiple property listing Number of contributing resources previously (Enter "N/A" if property is not part of a multiple property listing) listed in the National Register

N/A 0

6. Function or Use Historic Functions Current Functions (Enter categories from instructions) (Enter categories from instructions)

COMMERCE/TRADE/business COMMERC8TRADE~u~ne~ INDUSTRY/PROCESSING/EXTRACTION/ INDUSTRY/PROCESSING/EXTRACTION/ manufacturing facility manufacturing facility INDUSTRY/PROCESSING/EXTRACTION/extractive facilit DOMESTIC/single dwelling COMMERCE/TRADE/specialty store DOMESTIC/single dwelling

7. Description Architectural Classification Materials (Enter categories from instructions) (Enter categories from instructions) LATE 19TH & EARLY 20TH CENTURY REVIVAL/ Tudor Revival foundation: STONE/limestone OTHER/vernacular industrial walls: STONE/limestone OTHER/functional commercial METAL LATE VICTORIAN/Eclectic Victorian roof: METAL; STONE/slate; ASPHALT LATE VICTORIAN/Second Empire other: STONE/limestone METAL/iron

Page 28 of 1432 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Narrative Description (Describe the historic and current physical appearance of the property. Explain contributing and noncontributing resources if necessary. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, setting, size, and significant features.)

Summary Paragraph

The Matthews and Sons Stone Company, now operated as Bybee Stone Company, is situated on 45.82 acres in the northern part of Richland Township in Monroe County, lndiana. 1 It is located a short distance north of downtown Ellettsville on the west side of North Matthews Drive (Mt. Tabor Road) where it intersects West Maple Grove Road. The somewhat rural setting consists of an intact and working group of buildings, structures, and objects used in limestone production. For the purpose of creating the district boundary, this acreage was slightly reduced. On the east side of the intersection of West Maple Grove Road and North Matthews Drive is the Second Empire, Matthews Mansion, originally called Graymont, on 2.79 acres. Still used as a private home, the building is in excellent condition and maintains a high degree of integrity. Together the buildings make up the Matthews Stone Company Historic District as outlined in the Indiana Historic Sites and Structures: Monroe County Interim Report (1 05-055-16001-16005).

Narrative Description

COMPANY RESOURCES

The portion of the Matthews Stone Company Historic District in Monroe County, Indiana, which encompasses the business includes four contributing buildings, six contributing structures, and fifteen contributing objects. The contributing buildings include the 1908 mill building (photo 1 0), the 1920 drafting building, and the c.1931 administration building (photo 7), all constructed in a nearly north/south line facing east toward Jack's Defeat Creek and the Monon Railroad. Also contributing is the 1874 company store building (photo 11), constructed near the northeast corner of the mill building but facing west to the railway. The company's land--drives and yards surrounding the mill buildings and the former quarry and scrabbling yard areas--is a contributing site.

Contributing structures include a pump house (photo 8) on the bank of Jack's Defeat Creek due east of the drafting building, a second pump house (photo 39) at the edge of West Maple Grove Road at the north property boundary, and limestone railroad bridge abutments (photo 9) on either bank of Jack's Defeat Creek. Two slurry ponds, as a collective unit, (photos 15 and 16) are in the northeast corner of the district and are also contributing structures. Two additional contributing structures are a fence of large quarried blocks forming the western property boundaries, and a smaller fence of limestone blocks forming the boundary of a memorial area overlooking the mill yard.

1 Note: The actual acreage as listed here is greater than the acreage for the nomination boundary. Page 29 of 1433 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State The contributing objects have more recent dates of completion within the ownership time frame of the Bybee family, but are significant contributions to the site in demonstrating the talents of the limestone carvers and in lending permanence to the family's ongoing operations. These resources include the elaborate stone entrance gate on North Matthews Drive (photo 37), the Bybee logo of a Corinthian column capital adhered to the east side of the office building (photo 4), five limestone benches along the east facades of the administration and mill buildings (photos 4, 5 and 6), a limestone urn facing the office parking area (photo 6), part of a cathedral sculpture adhered to the southwest corner of the drafting building (photo 25), two pilaster capitals placed on the west lawn of the administration building (photo 24), the carved mailbox for the stone tool business (photo 38), and the two large Bybee family memorial urns and birdbath (photos 30, 31 and 32) at the top of the hill overlooking the old quarry and mill building.

Noncontributing resources include the new, all metal mill building addition and a concrete block storage structure on the west side of the primary mill building (photo 26); a metal utilities building on the east side of the primary mill building (photo 1); the all metal, tool and metal shop building on the east side of the site (photo 17); and the small, metal pump house servicing the ponds.

COMPANY SETTING

The company site is partly cleared on the east with a gentle rise to a wooded area on the west. North Matthews Drive, originally known as Mt. Tabor Road, forms part of the eastern boundary which then follows an original section line due north to the northern boundary along West Maple Grove Road. A row of large quarry blocks defines the property along both North Matthews Drive south of the main entrance, and along West Maple Grove Road west of the north entrance. A row of large quarry blocks also delineates the southern property boundary through an undeveloped field, while the west boundary is less defined or visible through tree cover but follows former quarry areas. Jack's Defeat Creek flows north/northeast through the eastern part of the district, originally crossed by the railroad on its north/northwest track. The district's buildings and structures are primarily located in the northeast quadrant, while the former quarry sites are in the northwest, central, and south central quadrants of the company site.

Immediately east of the company portion of the district is part of the Cook, Inc. complex (previously Texas Quarries) and Matthews Mansion. West Maple Grove Road, with open fields and an increasing number of residences, is the immediate northern boundary. A mixture of woods, open fields and residences stretches to the west from the company. To the south are some of Ellettsville's historic homes and the city utilities complex. Located more southeast is undeveloped land owned by Bybee Stone Company, Inc., but used only for truck parking and an annual Limestone Symposium sponsored by the company. Beyond is the former McNeely stone mill, now also used as part of Cook, Inc.

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The main gravel driveway into the stone company bears north off North Matthews Drive, and parallels the creek. An elaborately carved limestone gate, completed in 2003 by Bybee company workers, marks the entrance (photo 37). The central arch is flanked on either side by large Corinthian columns. A flat, gravel employee parking area is accessed from North Matthews Drive slightly to the east, immediately past North Matthews Drive Bridge, and is further bounded by the creek and the former railroad bed. A metal walk bridge connects the parking area to the mill site (photo 1 0).

Most visible from the walk bridge are the limestone block, railroad bridge abutments on either side of the creek (Photo 9). Originally part of the Monon line but ultimately owned by CSX Railroad, the tracks were vacated in the early 1990s and the rails and bridge were removed soon thereafter. The abutments that remain are of varying size blocks, many quite large, laid without mortar into the creek banks. A ridge of waste stone marks the former rail bed between the creek and the road.

The main driveway leads to the office, drafting and mill buildings, and originally also accommodated a rail spur owned and maintained by the company (photos 1 and 1 03). The drive follows the former railroad bed past the old store building and the tool and metal shop. This entrance is used for all stone transport as the area around the mill building is open and creates a circular pattern. On its most direct route, the drive continues north along the former rail bed to a secondary entrance off West Maple Grove Road. This entrance is marked by a metal gate and signs directing specific traffic to the tool and metal shop.

Overall the property rises progressively from east to west with the main driveway above the creek, the office, drafting and mill buildings set into a slight rise, and an upper drive and loading area--formerly another railroad spur bed--rising slightly behind the buildings on the west side (photos 17-19 and 26, 34 and 36). The original Matthews quarry that later became the scrabbling yard is immediately adjacent to the west and south and is surrounded by wooded spaces (photos 20-22). A portion immediately west of the mill buildings has been filled but contains a minimal amount of water (photo 33). Further to the west/northwest is another, much larger, former quarry that is filled with water (photo 35). Fittingly, it is called the Lake Quarry by Bybee Company. A western fork of Jack's Defeat Creek leads into the quarry lake from the west and flows out of the lake to the north, finally flowing into Jack's Defeat Creek.

South/southwest of the upper section of the circular drive is a roadway leading to the highest levels of the district (photos 27-29). The area consists of the southernmost portion of the former Matthews quarry and scrabbling yard area, that became the location of Harding & Cogswell, Inc. Stone Mill in 1915.2 No buildings remain in this section and it is now used for waste and fill dumping, and consists of unused wooded areas and a mowed memorial area overlooking the original Matthews quarry and mill buildings. Two very large urns memorialize two of the Bybee sons, Dan and John, and hold their ashes (photos 30 and 32). A large limestone birdbath is between the urns (photo 31 ). The now

2 The Ellettsville Journal. (September 12, 1962.) Page 31 of 1435 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State wooded areas surrounding the waste and memorial areas were at one time more open, with the trees and grasses naturalizing what were actually piles of waste stone.

COMPANY CONTRIBUTING RESOURCES

Administration and Drafting Buildings

Following a 1919 fire, the Drafting Building was constructed in 1920 and the Administration Building c. 1931 (photos 1, 7 and 104). 3 Each reflects their different construction dates through varying architectural style and detail. However, both buildings are limestone block, bearing wall construction with rectangular floor plans. The blocks are coursed range work of varying sizes and coloration, and are considered "seconds" by modern day standards with minor imperfections that add to the variety in their texture and color. Both buildings have curved window sill corners. The buildings were built into the side of a hill, each with a partial ground floor and full second floor (photos 23-24).

The Drafting Building reflects a traditional, functional commercial style with a corniced parapet wall on its north, east and south facades behind which is a roof that slopes to the west. The parapet of the east fac;ade has a central section that steps up and has the date "1920" incised in a block of stone. A coursed limestone block chimney is at the northwest roof section. The exterior limestone is laid in a coursed random bond but with inclusion of a rat-trap bond for the first floor window and door headers, and as coursing above the date. The Drafting Building is connected to the Mill Building to the north by a short, enclosed connector and to the Administration Building to the south by a short enclosed hallway. A recessed stairway on the east side provides exterior access between the Administration and Drafting buildings, and is marked by a decorative limestone wall at ground level. A wall of natural and block limestone supports the bank of land on the west side. A mortared limestone walkway leads to a recessed west entrance connecting the two buildings. A remnant carving from a cathedral commission rests against the southwest wall of the drafting building near the west entrance, and two pilaster capitals are on the west lawn of the administration building (photos 24-25).

The Administration Building reflects the Tudor Revival style, with parapeted gable ends north and south and a steeply pitched roof sheathed in a faux slate shingle. A capped, limestone chimney is at the peak and slightly off center to the north. The exterior limestone blocks are laid in a distinct, modified English cross bond pattern capped by limestone cornices. Two carved stone cartouches at the second floor level on the east fac;ade display the profiles of John Matthews and his company successor, one of his sons, Frederick Matthews (photos 2-3). Between them a block is incised "Founded 1862." A limestone carving of the Bybee company logo, the capital of a Corinthian column, is inset into the wall at the first floor level. Below this is one of five limestone benches placed along

3 Sanborn Fire Insurance Maps, 1929. (Bloomington, IN: Indiana Room, Monroe County Public Library). This map provides the only concrete evidence to date that the office building was not fully constructed prior to 1930. The first floor of the current building was constructed as part of the auto garage built in 1920. Neither the Ellettsville Farm Journal for 1929 through 1932, nor the Indiana Architectural Record through 1931, announces construction of the office. However, the March 10, 1932, obituary for Fred Matthews in The Ellettsville Farm, refers to "large stone office quarters ... recently enlarged." Page 32 of 1436 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State the facades, this one inscribed as a memorial to J. Daniel Bybee (photo 4). Sitting on the sidewalk against the Drafting Building is a two-handled urn inscribed with the Bybee name (photo 6). A two­ bay open garage with limestone block walls and metal shed roof extends to the south. It dates to the 1920 construction of the Drafting Building (photo 104). The walls are laid in American bond. Two of the original four garage bays were converted to office space with construction of the Administration Building. The first floor facade of the east side of the building was faced with painted wood sometime after 1977 (photo 111 ). 4 Several windows were boarded over at this point as well. A centrally located, recessed entry stair between the office buildings was converted from being the primary entrance and received a solid door (photo 5). And instead an enclosed, wood constructed, entry vestibule was added to the Administration Building.

In general both buildings display equally spaced, large window openings on the ground and second floor levels across across each facade. However, the Drafting Building has three small window openings on the east fa9ade above the second floor level that opened into what was once a large, high-ceilinged drafting room. The area has since been made into separate offices with a lowered ceiling, and the window openings have been covered with wood. And the Administration Building has two small windows on the west side at the location of restrooms inside the building. Most of the windows on both buildings, originally steel, multi-paned sash, were replaced in 1987 with aluminum or vinyl units (photos 1, 5, 7, 23-24).

The interior of both buildings have undergone changes over the years and retain minimal historic fabric. The 1977 fire and subsequent remodel undoubtedly brought about many of the interior changes. Several walls were added in the 1980s to create offices, and the ceilings lowered (photo 42-43). However, an original perforated limestone window remains in its original location overlooking the exterior stair connector between the Administration and Drafting Buildings (photo 41 ). The multi­ pane sash with patterned glass remains on the exterior, but is now covered with wood. Also an original "safe" remains on the second floor that consists of a small room with sixteen inch-thick limestone walls. A large portion of the original drafting room is still in use as such in the Drafting Building with a near full height ceiling (photo 40).

Mill Building

The primary mill building was constructed in 1908, with changes and additions in subsequent years (photo 102). A second, shorter, all-metal mill building was constructed on the west side in 1988.

The primary mill building is approximately three stories in height. It has a gabled metal, Howe truss roof with a clerestory of steel windows. The ground floor walls rise to second floor height and are constructed of broken range work limestone. The remainder of the exterior is sheathed in metal. The interior floor is unfinished, consisting of many years of limestone dust. The east side of the building is

4 A 1962 photograph in the collections of the Monroe County Historical Society shows the area before alteration. Verbal discussions with Mary Beth Haas, Vice President of Bybee Stone Comapny, Inc., indicates the alterations were made within the time frame of Bybee ownership. Page 33 of 1437 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

dominated by steel, multi-paned sash at both second and third story levels. Those on the west side have been covered but are still present. The north and south ends of the building are sheathed in metal covering pre-existing sash. Garage bays are on the north and south ends of the building, as well as one on the southwest side and another on the southeast side. Exhaust fans also punctuate the walls on the west side and south end. The mill and drafting buildings are connected by a simple pass-thru of metal frame and sheathing with steel sash, which was originally open. A slightly decorative ground floor entrance is marked by rubble-faced limestone blocks (photos 10 and 19).

The primary mill building is steel framed with doubled 1-beam pillars on the sides, twenty-six on the east side and twenty-seven on the west. On the east side the doubled beams are spaced fourteen inches apart while on the west side they are forty-six inches apart and have extra bracing. All are set onto raised concrete footers. The pillars support the roof and the overhead travelers, and are tied together by horizontal 1-beams at about second floor height and at roof height (photo 44, 105 and 108).

On the east side is a two story, half span roof original addition extending the full length of the main building. The ground level is constructed of limestone walls of broken range work, punctuated by pillars and walls extending to second floor height. Steel, multi-paned sash fill the remaining wall areas. This addition houses part of the gang saw operation as well as the early forge and metal shop, most of which is no longer used. At the south end of this east side addition is a large metal garage bay. On the east side of the mill building are two smaller single story, shed roofed additions that house utilities or provide enclosed spaces for the milling machinery. The additions are constructed of broken range work limestone mixed with concrete block, with upper rows of steel, multi-paned sash. A third addition is an open, metal roof storage shed. On the west wide of the mill building is a small, half span roof metal addition near the south end.

The primary mill building has four travelers, or overhead cranes, that transport the blocks of limestone through the building during the milling process. From the north end of the building where the raw stone is brought in, to the south end where the stone reaches its finished state, the travelers are rated for thirty, fifteen, seven and a half, and five tons respectively (photo 44). At the northeast end of the building are four gang saws which begin the process of cutting the large blocks of stone to a more workable size (photos 45-47). This area also houses a Park rip saw and a vertical lathe (photos 48-49). Three diamond saws sit near the center of the north half of the building (photo 50) while eleven planers line the east side (photos 52-57 and 106-1 07). A radial planer, or circle planer for creating curved pieces, is on the west side of the building (photo 51) and two additional lathes are near the south end (photo 108). The craftsmen who do the finish cutting, locally known as cutters, work at the south end of the building with tools powered by compressed air (photos 59-61 ).

The east side addition housing the forge and old metal shop was originally used for forming and repairing tools for the limestone operations (photo 11 0). However, much of the metal shop processes and equipment used there have become obsolete, and a new metal shop building is east of the mill

Page 34 of 1438 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State building. The room is full of numerous tools and objects of unknown dates. Two large machines include a Baker Brothers drill press and a Kempsmit Vertical Maxmiller No.2 (photo 58).

The second mill building, added in 1988 immediately adjacent to the primary mill building, is about half the length of the original mill building. It is steel-framed with metal exterior sheathing and a poured concrete floor. It houses two travelers, one rated for seven and a half tons and the other for five tons. Because the building is used primarily for production work, as well as for some carving, the space is dominated by a surface machine and circular saws that cut stone to length and width, and a router that cuts out the holes that will allow stone to be adhered to the side of a building. While the new mill building contributes to the overall functions of the operating stone business, it is not considered a contributing resource due to its recent construction (photo 26).

Supporting Buildings and Structures

The Matthews Company store building was constructed in 187 4 and reflects the Eclectic bate Victorian style. The store operations ceased c.1900 and the building was used as office space until the late 1920s when it became solely storage space. It is one-part limestone block construction with a front gable entrance. To the rear is a stepped-down gabled addition. A three part, horizontal sash window is on either side of the main building, and a single light window is on either side of the addition with another in the entry gable. The corrugated metal roof has a parapet wall at the facade with a central arch, similar to a "Flemish" gable.5 Original facade windows have been filled with limestone blocks, and the entry door replaced with hinged metal. The decorative facade is inscribed with "A.D. 1874" in the gable. The parapet is capped with a wide limestone cornice. A moulded frieze tops the corner pilasters of quoins and square Tuscan pilasters that flank the doorway. Carved bulls­ eye inset panels are below each window. The quoin, bulls-eye and panel details were somewhat stylistically repeated in the decorative features of the Matthews Mansion five years later (photos 11-14, 99 and 102).

Adjacent to and within the bank of Jack's Defeat Creek at the metal walk bridge, is the largest of three pump houses on the site, which may date to pre-1930. 6 The foundation is poured concrete below ground level to the water. Broken range work limestone constitutes the structure above ground level, combined with corrugated metal sheathing. The shed roof is corrugated metal (photo 8). A second pump house of less than six feet in height is at the edge of West Maple Grove Road near the western branch of Jack's Defeat Creek. The foundation is poured concrete with broken range work limestone above. The shed roof is wood frame covered with corrugated metal (photo 39). The third pump house, located at the slurry ponds, is essential to operations at the site. However, the temporary nature of its all metal construction makes it a noncontributing resource. The side-by-side ponds are also essential to site operations and are considered contributing resources, however, they do change s Indiana Sites and Structures: Monroe County Interim Report. Bloomington, IN: Bloomington Restorations, Inc. 1988. p. 22

6 Sanborn Fire Insurance Maps, 1929. A structure appears at this location prior to 1930, which may or may not be the current structure. Page 35 of 1439 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State somewhat over time through use (photos 15 and 16). The western boundary fence comprised of large quarried blocks of stone is only visible from Matthews Drive and West Maple Grove Road, but is considered a contributing structure to the district.

Three additional buildings and structures, all providing essential functions for the site, are considered noncontributing due to their recent and/or temporary construction--a concrete block storage shed with a metal, half span roof on the west side of the mill building (photo 26); a shed roof, all metal utilities building on the east side of the mill building (photo 1); and the front gabled, all metal, tool and metal shop building on the east side of the site near the old store building (photo 17).

MATTHEWS MANSION RESOURCES

The portion of the Matthews Stone Company Historic District in Monroe County, Indiana, which includes the Matthews home includes one contributing building, one contributing structure, and two contributing objects. These include the 1880 Second Empire house; a dry stack stone wall with an iron and limestone entry gate, and a three post-section of post and rail fence, both along portions of West Maple Grove Road; and a limestone corner fence post along Matthews Drive, all of which also date to c.1880. The 1990s garage building just east of the house is noncontributing, as are four concrete garden ornaments dating from the 1970s or 1980s. One of these is a marker with incorrect dates located at the corner of Matthews Drive and West Maple Grove Road, another garden ornament is near the creek in a former planting bed, and two others are closer to the house on the west and south lawns. 7

MATTHEWS MANSION SETTING

The house is cited toward the east boundary of the property on a tree-dotted, primarily flat lawn at the northeast intersection of Matthews Drive (Mt. Tabor Road) and West Maple Grove Road. A tributary to Jack's Defeat Creek forms the south property boundary with the complex of Cook, Inc. immediately south and southeast. A limestone fence post, still retaining part of a metal rod, is near the intersection of the creek with Matthews Drive (photo 81 ). Minimal ranch homes periodically line West Maple Grove Road on the north side, while the Bybee Stone Company buildings and operations are west across Matthews Drive and Jack's Defeat Creek (photo 62 and 63).

The house sits on a created knoll, its primary facade facing west toward the limestone company. To the south, west and north the ground flattens immediately beyond the knoll. To the east the ground is leveled to the top of the knoll, permitting a relatively flat driveway off West Maple Grove Road. At the northwest corner of the driveway stands the section of limestone rail fence whose posts are carved to

7 These objects are distinguished as noncontributing so as to not confuse them with historically placed limestone ornaments. Page 36 of 14310 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State resemble logs (photo 79). A poured concrete walk encircles the house from the base of each entry stair. Closest to the northwest stair is the limestone and iron gate within the the dry stack wall which leads to West Maple Grove Road (photo 80). The driveway is poured concrete and leads to the garage (NC), sited where a stable or other early structure had been originally (photo 63 and 114). On the south side, hidden under a garden, is the original cistern with pipes leading from the southeast gutter downspout.

MATTHEWS MANSION

Exterior Features The Matthews home most closely reflects the Frenoh Second Empire style with a flat-sided mansard roof and central pavilion on the west facade. However, it also borrows elements from the Beaux Arts style. The roof is copper, unfortunately covered with tar sometime in the 1970s or 1980s. Gray hexagonal slate covers the angled portions of the roof, with a lighter tone of upper and lower banding and a repeating large flower design through the center section. The original elaborate iron railing lines the upper edge of the roof section, however, some original pieces are missing due to previous vandalism. There are two double-flue, capped chimneys, one of which retains the original decorative limestone skin consisting of dentils and incised panels. Zinc-lined box gutters encircle the cornice, and large zinc corbels are below it.

The house consists of three full floors and is constructed of very large limestone blocks laid without mortar. Each facade displays varying style elements, however, most of the windows can be grouped by their characteristics. Ten of the eleven second floor windows are one over one, wood sash in projecting dormers. Their segmented arch, metal architraves are capped with zinc and decorated with rosettes, chamfered pilasters and finials (photo 65). Twelve of the fourteen first floor windows are one over one, round arch wood sash. The architraves are stilted and heavily molded limestone topped with applied keystones.

The east facade, considered the rear, is the least decorative with no carvings or embellishments in comparison to the other three facades (photo 64). The exterior limestone is coursed and smooth, with only one block expanding the width between each opening and totaling only eight blocks in height from ground level. A stringcourse at the floor height of the second floor forms the caps for rusticated corner pilasters. A lower string course, running directly beneath the first floor windows, and the slightly projecting double water table, form a dado and define the first floor and basement levels. The two rectangular, one over one, wood sash windows on the first floor have smooth, squared architraves. The inside edges are chamfered and the headers are large blocks of stone. Two fixed­ light basement windows are at ground level. They have plain architraves and large headers, and are secured by metal bars.

The raised portico entrance of limestone steps has squared side walls capped with large blocks resembling an upside-down console. The single, five panel, solid wood door has a transom and

Page 37 of 14311 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State sidelights. The wood storm door was added in the 1990s. A large hollowed out limestone catch basin is at the bottom of the downspout at the northeast corner (photo 66).

The south facade faces the side yard and creek and is more embellished than that on the east (photo 67). The exterior wall is rusticated with horizontal banding of raked joints routed into the stone, a treatment again seen on the west and north facades. Rusticated corner pilasters and a centered pilaster help to define the interior spaces. Here the string courses are dimensional, forming molded sills for each window and the surbase for each pilaster. This treatment is also repeated on the west and north facades. Within the dado of the pilasters is a hollow square molded panel, and the keystones above each window have a simple hammered recess. The southeast basement window is again at ground height with a fixed sash and metal bars. The southwest basement window is one over one wood sash partly below grade within a deep window well. Both have plain architraves with large headers. All of these characteristics are repeated in the two north facade basement windows.

The north facade, which faces West Maple Grove Road, displays a slight increase in decorative treatment. The hollow square molded panel is included under each window, and the keystone decoration is outwardly layered (photo 68).

The west facade, which faces the open lawn and the limestone mill, is the grandest and most elaborately decorated (photo 69}. The central pavilion displays dentils below the cornice and an oculus encircled with a metal frame (photo 70). Below this a round arch window is capped with a metal broken pediment. A rondel is within the lunette and dentils are beneath the fascia. The window is flanked by incised limestone pilasters decorated with hollow square molded blocks. The keystone is a layered carving also capped by a hollow square block. The incised limestone extends to each side to form supporting walls, and each are capped with scroll work brackets made of zinc set on end. A narrow balcony is supported by two sets of large corbels, the end of each is decorated with the carving of a child's face (photo 76). Two sets of smaller corbels are on the north and south sides. The limestone balustrade features two different styles of turned baluster, one columnar and the other urn-shaped. Each side of the corbels is decorated, with morning glories displayed on the outer sides of the large corbels, and grape vines on the insides (photos 72 and 75}. The smaller corbels are decorated with a leaf design. Beneath the balcony the ceiling has molded panels and a central rosette (photo 7 4).

Below the balcony are the half light, wood French doors with rounded arch transom. The doors were recreated in the 1990s to match the badly damaged originals. The wood storm doors were also created and installed at that time. The architrave matches that of the windows, however the keystone is a large, highly detailed, carved flower (photo 73). Smaller, simplified versions are above each first floor window on the west facade (photo 71 ). Rusticated pilasters flank the doorway and are repeated as pairs at each corner. Between each of these pilasters is a tall niche with narrow eyebrow-like heads and large keystones displaying carved flowers (photo 77). A carved rondel is above each niche.

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Name of Property County and State An uncovered limestone veranda with iron balustrade stretches across the full width of the west facade. Wide bracketed stairs descend at each end to ground level. Heavy limestone block stairs then descend from either end toward the west to the lower yard level. The stairs have squared side walls capped with upside-down consoles. The design matches that of the east entrance but is of a much grander scale. Inappropriate early repairs were made to the stairwells with concrete blocks. Originally a walkway extended west from each stair (photo 78).

Below the veranda is a piazza-like formal entrance into the basement. Four rusticated piers support the center and corners of the veranda above, while two smooth, chamfered piers are between them. Inappropriate early attempts to improve stability of the veranda resulted in added pillars of limestone and concrete blocks. Paired, rectangular, one over one wood sash windows are in the center of the recessed wall, with a smooth, undecorated pilaster dividing them. A wide, paneled, double half-light door is on either side of the paired window. A single, rectangular, one over one window is on the opposing side of each door. All of the openings have plain, squared stone architraves. A poured concrete patio extends from beneath the veranda out to the reach of the west descending stairs. This is a more recent alteration that filled in what was originally a walkway extending west from each door, crossed by a walk that reached from the base of each stair. Grass originally filled the areas in between the walkways (photos 69 and 115).

Interior Features The house has a central hall and stairwell dividing four rooms on each level. The walls and ceilings are plaster. The floors, while wood, are a four inch oak replacement for the missing and badly damaged original wood. Throughout the house the highly carved baseboards are nine and a half inches high with periodic corner blocks. The ceilings of both the first and second floors are twelve feet, however, previous alterations lowered the second floor ceilings in the bedrooms to the top of the windows. All window and door openings on these levels are eleven feet high. Each window is inset into the wall nine inches with a two foot, thirty-one inch high paneled wood piece below each window and a matching interior surround. Five-panel, solid wood doors are throughout the first floor and four panel doors are on the second level. Wide, squared, carved molding surrounds each opening with a transom above each door (photo 90). Etched glass panels called "flash glass" originally filled the transoms, but only four remain in the house and are in storage. The ruby glass windows would have graced the first floor and the cobalt windows the second floor (photos 97 and 98).

The French doors at the west entrance, recreated from the badly damaged originals, open into a wide hall which extends to the east entrance (photos 82 and 83). Plaster roses crown the interior arch. Wide crown molding with a deep cavetto in the center is throughout each of these two rooms and the hallway (photos 84 and 85).

A formal room immediately flanks the hall on either side (photos 87 and 91 ). Each of the formal rooms has a fireplace with a coal-burning insert, however, only the surround in the southwest room is original. It is iron with slate panels and a slate mantel (photo 89). The piece in the northwest room

Page 39 of 14313 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State was purchased to resemble the remaining original. Each room also has a highly decorative plaster ceiling medallion (photos 88 and 92).

The two east rooms are dimensionally slightly smaller. They are without crown molding and were heated by wood stoves. The south room has been remolded into a more contemporary kitchen. Part of the north room was repurposed to accommodate a bathroom.

A single, bracketed staircase with a paneled spandrel leads to the second floor. While the original black walnut wall string remains, the treads, balustrade and newel post were all missing or badly damaged and required replication and re-creation. Following the symmetry of the first floor, there are two bedrooms off either side of the hallway (photos 93 and 95). A large window, inset with a lower wood panel, is at each end of the hallway (photo 94). The central pavilion is accessed only by a small ceiling panel in the west hallway. Each bedroom has a closet with a five panel wood door with ceramic knobs. However, the northeast room was altered to accommodate a bathroom, which has its own entry door off the hall. The window in each bedroom is inset, but without the lower wood panel. A distinctive design element is the square keystone detail carved as part of the architrave of each window, repeated elsewhere only above the east first floor door (photo 86).

A wood door leads to the limestone block basement stairs, placed directly beneath the upper floor run. Two larger formal rooms make up the west half, while two smaller unfinished rooms constitute the east half. The unpainted doors, which lead directly out to the piazza, are accompanied by unpainted, molded architraves, horizontal bead board wainscoting, and high baseboards. A fireplace is in each room and the windows are inset just over a foot in depth. Unfortunately, all woodwork in the northwest room required recreation. Likewise, the wood window shutters are a recent addition (photo 96). The unfinished rooms consist of poured concrete floors and rubble block walls with a low rubble block ledge. The spaces accommodate the mechanicals and storage.

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8. Statement of Significance

Applicable National Register Criteria

(Mark "x"' in one or more boxes for the criteria qualifying the property for National Register listing)

Property is associated with events that have made a significant contribution to the broad patterns of our history. Property is associated with the lives of persons significant in our past.

Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction.

Property has yielded, or is likely to yield, information important in prehistory or history.

Areas of Significance (Enter categories from instructions) INDUSTRY COMMERCE ART ARCHITECTURE

Period of Significance (justification) 1862-1977; Matthews Brothers Cut Stone Company (eventually shortened to Matthews Brothers Stone Company) continued operations by the Matthews family until 1977, during which time the company continued to make significant contributions to the nation's built environment.

Significant Dates 1862, 1880, 1909, 1946

Criteria Considerations (explanation, if necessary) G; Matthews Brothers Cut Stone Company continued operations by the Matthews family until 1977, during which time the company continued to make significant contributions to the nation's built environment. Wilbur Bybee carried on this tradition when he purchased the business in 1978 as Bybee Stone Company, Inc., which continues in operation by the family today. Nearly all of the contributing objects date to the Bybee time frame.

Significant Person(s) Matthews, Jonathan

Cultural Affiliation N/A

Architect/Builder

Statement of Significance Summary Paragraph (provide a summary paragraph that includes level of significance and applicable criteria)

The Matthews and Sons Stone Company quarry, mill and headquarters in Monroe County, Indiana, on about 45 acres, is one of the few remaining historical collections of buildings associated with the

Page 41 of 14315 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State limestone industry in Monroe County, Indiana. The nearby former home of the Matthews family on about 2 Y2 acres is an outstanding and rare example of Second Empire architecture in Monroe County. These buildings survive with a high degree of integrity and together with the former quarry site and mill yard, provide an uncommon resource representing the limestone industry in Indiana.

Matthews and Sons Stone Company was established by John Matthews [original English spelling was Mathews] in 1862. He was one of the industry's earliest and most successful leaders, and his company was operated by the family through the 1970s. The site meets National Register Criterion A under the areas of Industry and Commerce for its significant contributions to the development and continued success of the Indiana limestone industry. The site meets National Register Criterion B under Industry and Commerce for its close association with John Matthews, referred to in recent decades as the "father of Indiana limestone."8 The district meets National Register Criterion C under Architecture for the Eclectic Victorian style company store building, the Second Empire style home of the Matthews family reportedly designed by architect Jean-Louis Charles Garnier, and the Tudor Revival style office building.9 The district is significant in the area of Art for the monumental contributions to national works of architecture and art through the company's quarried, milled and carved limestone beginning in the 1860s and continuing through to the present day. Criteria Consideration G applies to operation of the site by the Matthews family through the 1970s, and it's subsequent ownership and operation by the Bybee family to the present. The district is significant at the state level for its pioneering and continued contributions to the state's limestone industry, one of Indiana's most significant industries.

Narrative Statement of Significance (provide at least one paragraph for each area of significance)

NATIONAL REGISTER CRITERION A The Matthews and Sons Stone Company district in Monroe County, Indiana, meets Criterion A for Industry and Commerce. The quarry, mill and headquarters, originally on a 25-acre purchase that grew to just over 47 acres, has been only slightly reduced in more recent years. However, all original parcels remain in the Bybee family and two are still used for daily operations--one 40.82-acre parcel and an adjacent 5 acre parcel. The company was established by John Matthews, one of the industry's earliest and most successful leaders, and is one of the few remaining historical collections of buildings associated with the limestone industry in Monroe County, Indiana, one of the state's three primary counties within the "building stone district." A similar complex is the former Woolery Stone Company mill and headquarters (National Register of Historic Places, 2002), established in 1910 and closed in 1995.10 However, the Matthews complex began operations at the site between 1862 and

8 The Ellettsville Story, 1837-1987. (Bloomington, IN: Indiana Room, Monroe County Public Library, 1987) 116.

9 It has been suggested only in the Indiana Historic Site and Structures: Monroe County Interim Report, and not through other accounts or oral history, that Alfred Grindle may have been the architect for this building. However, to date no verification of this has been found.

10 Steelwater, Eliza. National Register of Historic Places Nomination. Woolery Stone Company, Monroe County, Indiana. Indiana Division of Historic Preservation and Archaeology. 2002. Page 42 of 14316 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State 1864 and continues operating today, now as Bybee Stone Company, making it the oldest continuing limestone operation in the county.

THE INDIANA LIMESTONE INDUSTRY IN MONROE COUNTY Limestone is found in various forms around the world, each having its own characteristics. The premier building-quality limestone of southern Indiana is known in geological terms as oolitic stone and is called Salem limestone. 11 It has rounded particles, hence the term "oolitic," and has few impurities, making it superior in durability, workability and appearance. Laying above the Salem deposit is the lesser quality St. Louis limestone and below it the lesser quality Harrodsburg limestone. While these limestones might experience some use, it is typically considered waste. The entire deposit begins west-northwest of Indianapolis in Montgomery County and stretches south through Monroe, Lawrence and Harrison Counties to the Ohio River. However, the greatest concentration of the deposit occurs in the "stone belt" or "building stone district," the 30 mile stretch of Owen, Monroe and Lawrence Counties.

Before the days of formal limestone quarrying, loose stones were collected for minimal uses like bridge piers, window sills and grave markers. Then in 1827, Richard Gilbert began operating the first known quarry in Indiana, 3/4 of a mile south of present-day Stinesville. While generally utilizing a nearby stream to naturally expose the stone, use of hand-powered star drills and black powder completed the job of breaking free the large blocks. However, the hand labor and early wood derricks used to lift the stone limited block size to 80 cubic feet or less. Transportation overland by ox-cart to building sites further limited use and demand for the stone. So it was typically used locally much as it had been--for chimneys, bridge pilings and monument bases.

With the coming of the railroad to the area during the 1850s, use of Salem limestone began to expand. The New Albany and Salem Railroad (later part of the Chicago, Indianapolis and Louisville, or "Monon" line) arrived in Bedford in early 1853, in Bloomington in late 1853, and in Ellettsvile in early 1854. Between 1855 and 1857, the Ohio and Mississippi Railroad (later the Baltimore and Ohio) intersected the Monon at Mitchell. And finally the Indianapolis and Vincennes Railroad (later a division of the Pennsylvania line) crossed the Monon at Gosport in 1870. By this time several new quarries had also opened. In Monroe County, the quarries of Edward M. Watts and William Biddle, and James S. Williams were near Stinesville. And near Ellettsville, operations were owned by John Matthews, John Kostenbader, the Perry Brothers, and Sharp and Highet. Other limestone operations in the district included five in the Bedford area, one in Salem, and two in Spencer.

Catastrophic fires in Chicago (1871) and Boston (1872) further contributed to the growth of Indiana's limestone industry. It was observed that the buildings constructed of limestone withstood the fires better than those built of other materials. So as building codes and city ordinances pushed for increased fire resistance and improved structural performance, the demand for Indiana limestone

11 McDonald, Bill, A Short History of Indiana Limestone (Bedford, IN: Lawrence County Tourism Commission, 1995), 1-14. This section of four paragraphs is based on this book and Batchelor, Joseph A., An Economic History of the Indiana Oolitic Limestone Industry (Bloomington, IN: School of Business, Indiana University, 1944) 2-12, 15, and 24-25. Page 43 of 14317 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State grew. This also came at a time when an increasing population meant an increase in commercial and public buildings, most of which were built all or in part of stone. Limestone's favorable color and fine workability also fit nicely with the designs created by architects nationwide. Then with the opening of the Columbian Exposition in Chicago in 1893, the world was introduced to the Beaux Arts style of architecture. It became favored for use in constructing public and civic buildings and relied heavily on limestone. All of these factors worked together to launch the limestone industry into what would become its heyday during the late-19th and early 20th centuries. From the 1860s to the 1890s, the building stone district grew from fewer than twelve quarries to over fifty. 12

NATIONAL REGISTER CRITERION B The Matthews and Sons Stone Company district in Monroe County, Indiana, meets Criterion B for its association with John Matthews. He began working in Monroe County's fledgling limestone industry in 1856,13 and introduced innovations learned in his native England. It is commonly established that Matthews began his stone business in Monroe County in 1862. The following year they opened a small quarry to supply rough stone at the present location, and by 1866 erected a mill due to the great demand.14 Over the years Matthews initiated further industry innovations that allowed his business to thrive and grow while others failed. His long-lasting mark on the state's limestone industry has, in recent decades, given him the name, "father of Indiana limestone." As early as 1876, he was referred to as "a pioneer in the stone business of our own state." Later, in 1922, his company is referred to as "the pioneer plant of the oolitic district."15 Matthew's descendants continued the family business into the late 1970s.

MATTHEWS AND SONS STONE COMPANY As the railroad advanced further north into Indiana, the limestone industry displayed more promise and attracted stone workers to the district. John Matthews was one of them. After the arrival of the New Albany and Salem Railroad to Monroe County (1853-1854), Pennsylvanians Edward M. Watts and William M. Biddle opened their Biddle and Watts Mill in 1855 just 3/4 of a mile west of Stinesville along Big Creek.16 When John Matthews arrived in Bean Blossom Township to work at the new mill it

12 Brubaker, Cynthia. National Register of Historic Places Nomination. Courthouse Square, Bloomington, Monroe County, Indiana. (Indianapolis, IN: Indiana Division of Historic Preservation and Archaeology) 1990.

13 Monroe County Tax Duplicates. 1856-1864. Microfilm. (Bloomington, IN: Monroe County History Center). [John Matthews appears as paying taxes in Bean Blossom Township beginning in 1856, but not on land. Tax payments for land don't appear until1864.]

14 Ibid. 1861- 1878. and Bloomington Courier. (Bloomington, IN: March 30, 1876). Many prevailing reports from mid-20th Century company accounts, a surviving heir, and secondary periodicals state the business was established in 1862 near Stinesville in Bean Blossom Township. Other accounts, including a newspaper interview with one of his sons, indicates the business began 'in 1862, about one mile north of Ellettsville" in Richland Township. However, John Matthews does not appear as a land owner until 1864, at that point in Richland Township at the present location.

15 Ibid, Bloomington Courier. and The Evening World. (Bloomington, IN: May 25, 1922). [The latter article is part of an interview with Frederick Matthews, one of John Matthews' sons and his company successor.]

16 History of Lawrence and Monroe Counties, Indiana: Their People, Industries and Institutions (Indianapolis, IN: B. F. Bowen & Co., 1914.) Page 44 of 14318 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State is likely he worked beside James Highet, a stone cutter from Scotland, and quarryman, George Watson, as both were also residing with their families in the township. It is also likely that it was here Matthews first introduced local stone workers to the use of the hand crosscut saw in removing blocks from the quarry, a method he learned while working on the Houses of Parliament in England.

In 1862, Matthews started his own stone company on land he subsequently purchased just north of Ellettsville in neighboring Richland Township. After carefully surveying the regional area, he found a 25-acre site crossed by three important transportation routes--Jack's Defeat Creek, Mount Tabor Road and the railroad--with a bed of fine limestone just beneath the ground's surface. As his sons-­ Alfred, Peter, William, James and Frederick--were coming of age and following in their father's footsteps, the business was named Matthews and Sons Stone Company. After beginning with a small quarry operation of rough cut stone, the company soon expanded to include a steam powered, four gang mill to cut the large quarried blocks. It was only the second such mill in the state, and the first four gang.17 The mill was expanded to eight gang saws in 1870.18 He then added a scrabbling yard, an area where rough blocks were given a more uniform, rectangular shape by trimming irregular or waste areas prior to shipment. Although the work was performed by hand, the savings in freight charges outweighed the labor expenses. Then in 1875, Matthews purchased the first Wardwell channeling machine in Monroe County. Like a small locomotive, the machine with its gang of chisels traveled back and forth on a portable track on the quarry floor. 19 All of these improvements and innovations allowed the company to provide stone from the quarry to the building site from one location, an immediate improvement in production efficiency from earlier or competing operations. In fact, Matthews was one of the few who profited in the business prior to the mid-1870's increase in demand for limestone.2o

As with most of those in Indiana's limestone industry at the time, the building of government and college buildings around the state proved substantial as projects, while also promoting the use of limestone to a wider market. By the early 1880s, Matthews and Sons Stone Company could boast their involvement in the construction of numerous prominent structures in Indiana and Illinois, including the Indiana State House, Indianapolis; Clinton County Court House, Frankfort; Kosciusko County Court House, Warsaw; Marion County Court House, Indianapolis; Illinois State House, Springfield, IL; Custom House and Post Office, Evansville; Knox County Court House, Vincennes; Dearborn County Court House, Lawrenceburg; Posey County Court House, Mt. Vernon; Bartholomew

17 Batchelor, 13.

18 Bloomington Courier. (Bloomington, IN: March 30, 1876).

19 Batchelor, 39

2o Ibid., 15 Page 45 of 14319 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State County Court House, Columbus; Johnson County Court House, Franklin; Lawrence County Court House, Bedford; Asbury University, Greencastle; and Wabash College, Crawfordsville.21

Expositions also served to promote limestone as a beautiful, artistic building material. Undoubtedly, one of John Matthews' proudest moments was receipt of an Award of Merit for the company's submission to the 1876 International Exhibition in Philadelphia. The piece was a large, elaborately carved anchor.

By 1875, the Matthews and Sons Stone Company site consisted of a quarry, and store and mill buildings. The original quarry was closed c.1900 but was reoccupied by the A. E. Matthews Cut Stone Company in 1903, possibly overseen by Alfred Matthews. 22 The original mill building burned in 1909 and was replaced by the current building in 191 0, with new office and drafting buildings added at later dates. By 1876, Matthews and Sons was also the proprietor of the Ellettsville Steam Stone Works, with son, Peter T. Matthews, as senior proprietor.

The limestone-constructed company store was erected in 1874 and still stands, making it the oldest extant building on the mill site. George McHenry served as its first manager, and George Houston as its second, with several of the Matthews grandsons finding their first employment there as well. Operated as a full general store, it served not only company employees but the local community. Groceries, cloth and other necessities were delivered by rail, but local farm goods could be bartered for other goods, the local items then being sold in the store. 23 The store closed c.1900 and the building was used as an office into the .1920s, at which time it began use under its current role, that of storage.24

The Matthews family resided near the quarry and mill, with the homes of their quarry workers dotting the hillsides around them. Then in 1876, John Matthews purchased an additional 4 acres east of the intersection of West Maple Grove and Mt. Tabor Roads for the location of a new, grand home overlooking the mill. It was constructed between 1879-1880, entirely of limestone in the Second Empire style. Contemporary history maintains the house was designed by architect Jean-Louis

21 Matthews Family and Matthews Bros. Stone Co. Materials, Scrapbook by Fred Barrett (Monroe County History Center, Genealogy Library and Museum Collections, 1932-1990). [The scrapbook contains numerous newspaper articles, company ads, photographs and associated sources. This list is from a company advertising piece.]

22 History of Lawrence and Monroe County, Indiana

23 Ibid.

24 Sanborn Fire Insurance Maps, 1902, 1910, 1929. (Bloomington, IN: Indiana Room, Monroe County Public Library). Page 46 of 14320 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State Charles Garnier, most noted for designing the Opera House in Paris, France.25 Originally known as "Graymont" and later commonly called the Matthews Mansion, the home is a surviving rare example of it's style in the county. Notable are the carvings of children's faces which line the cornice, for years suggested to be either those of some of the Matthew's children in their younger years, or possibly those that had died in childhood.

John Matthews died in May of 1883. His widow, Mary Ann, lived in the stone mansion until her death in October of 1894. The family ceased occupancy of the house in the early 1900s, and in 1921 it was sold to Cora F. Perry, who operated Perry Stone Company from the site. The house sat vacant for quite some time during the mid-twentieth century and suffered greatly from both vandalism and neglect. Later owners undertook some renovations and modifications. The current owner purchased the property in 1990 and began the bulk of restoration and renovation work that would preserve the property to its present state.

NATIONAL REGISTER CRITERION C The Matthews and Sons Stone Company district in Monroe County, Indiana, meets Criterion C for Architecture and Art. The mill site maintains two higher-style buildings, the 1874 Eclectic Late Victorian store building and the c.1931 Tudor Revival office building. East of the mill, across Jack's Defeat Creek and Mt. Tabor Road, is the French Second Empire home of John Matthews and his family built in 1880, and possibly designed by architect, Jean-Louis Charles Garnier. The buildings are significant at the local level as the only known extant examples of their architectural styles as applied in Monroe County. Likewise, as a business the Matthews and Sons Stone Company, through its evolution into Matthews Brothers Stone Company and later followed by Bybee Stone Company, has made their own significant contributions to national works of architecture and art through their quarried, milled and carved limestone from the 1860s to the present day.

MATTHEWS AND SONS STONE COMPANY BUILDINGS The 1874 Eclectic Victorian company store is the oldest building in the district and is the only known architectural example of its kind in Monroe County. It is a front gabled building of one­ part block construction featuring a decorative facade. An arched parapet is capped with a wide limestone cornice, and a moulded frieze tops the corner pilasters of quoins and square Tuscan pilasters that flank the doorway. Carved bulls-eye inset panels are below each window. Alterations over time have been minimal--windows of the entry elevation have been filled with limestone block and the door covered with a sheet of metal. However, original

25 All secondary documents reporting the involvement of Charles Garnier in designing the house date to the second half of the 20th century, and none give primary reference to the information. To date no primary or substantial secondary sources have been found to corroborate that Garnier, nor any other architect, designed the house. Interestingly, as noted in an article by Penelope Mathiesen in the June 2003, Monroe County Historical Society newsletter, Frank Worley, a prominent Ellettsville banker from whom Matthews purchased the house land in 1876, constructed an even larger and more elaborate Second Empire home that same year. The Worley mansion was designed by architect, Joseph Marshall of Indianapolis. It was demolished in 1940. Page 47 of 14321 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State elements may remain behind these coverings. Despite these alterations combined with years of neglect, the building maintains good integrity.

The c.1931 Tudor Revival administration building reflects an unusual use of the style in that it is not a home, and is thus the only known architectural example of its kind for commercial use in Monroe County. The characteristics elements of the style exhibited are the steeply pitched roof, originally covered with slate, parapeted gable ends, and patterned block work of the exterior walls. Additional stylistic details include the the capped, limestone chimney, prominent limestone cornices, and the two carved stone cartouches. In the Monroe County Interim Report it was compared to the 1927 Tudor Revival home of Irvin S. Matthews (grandson of John Matthews) in Bloomington's Vinegar Hill Historic District that was designed by Bloomington architect, Alfred Grindle. 26 Sometime during the late 1970s or early 1980s, two garage bays on the east side were enclosed and incorporated into office space and the ground level of the east elevation was sheathed in wood. Also during the 1980s and 1990s, the roof was replaced with a faux slate shingle and the windows replaced with historically compatible aluminum sash. However, the building retains good integrity as compared to historic photographs taken soon after its construction.27

The 1880 Second Empire home built for the Matthews family, originally called Graymont and now known as the Matthews Mansion, is the only known home of it's style surviving in Monroe County outside the city of Bloomington. Characteristic features of the Second Empire style most notably exhibited include a symmetrical, rectangular plan topped by a slate shingle, mansard roof, and a central pavilion with an oculus and highly decorated portico which dominates the west elevation. Additional stylistic elements include cresting along the roof, segmented arch windows with decorative architraves or hoods, and rusticated pilasters and wall surfaces. The AI Hayes House in Bloomington (1 05-55-66026) within the Prospect Hill Historic District (National Register of Historic Places, 1991), also referred to as "The Tinker's Mansion," is the only Second Empire style home in the city. But while it exhibits the characteristic mansard roof, square plan, and segmented arch windows with decorative hoods, it is a much smaller, less elaborate example of the style than is found in the Matthews Mansion.

The exterior of the Matthews house remains virtually unaltered since its construction and thus retains a high degree of integrity. During the 1990s, as part of restoration by the current owner, the west elevation french doors were recreated to match the originals, and compatible wood screen doors were added to both the west and east doors. Sometime prior to current ownership concrete and stone blocks were added to repair or shore up the west verandah and

26 Indiana Historic Site and Structures: Monroe County Interim Report (Bloomington, IN: Bloomington Restorations, Inc., 1989), 21. Note: The similarities of style, time period and family association have led to speculation that Grindle designed the administration building, but no primary documentation has been found to date to corroborate this.

27 Ibid., 22. Page 48 of 14322 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State stairs and have not yet been removed through proper restoration. But these changes don't significantly detract from the home's overall integrity. The interior also retains the basic elements of the original plan and original decorative details. It has been updated to include bathrooms on the first and second floors and a modern kitchen, and missing details have been recreated by the current owner, but no significant changes have otherwise been undertaken.

MATTHEWS BROTHERS CUT STONE COMPANY With the death of their father, the Matthews sons succeeded him and the company was renamed Matthews Brothers Cut Stone Company. Tragically in 1884, Peter T. Matthews was killed in an explosion that occurred when the summer kitchen of the early Matthews home caught fire. William N. Matthews then moved on to manage the Perry, Matthews and Buskirk Quarry in Bedford, Indiana. So when the company was incorporated in 1909, Frederick Matthews was appointed president, his son­ in-law Gladstone H. (Dick) Barrett as vice president and general manager, Jonathan Matthews' oldest son Albert E. Matthews as secretary, and one of the elder Matthews' nephews, Irvin S. Matthews, as treasurer. Another son, The Rev. James L. Matthews, held stock in the company but followed a calling to the church. 28 During this era most limestone businesses were financed by investors and Matthews Company was no different.29 One of these investors was the Showers family, proprietors of the Showers Brothers Furniture Factory, one of whom, Edward Showers, was another of Frederick Matthews' sons-in-law.

The years under Frederick Matthews' direction were some of the company's more profitable and prominent. Likewise, Fred himself was a prominent local citizen of his era. In addition to his stone company work, he was elected auditor of Monroe County in 1896, served as a member of the court house building commission, was a member of the fraternal orders of Masons and Elks, served as director of the People's State Bank, the First National Bank, and the Citizens Loan and Trust Company, and as president of Empire Stone Company. Fred was also one of the primary promoters of the Griffy Creek venture that created Griffy Lake and gave Bloomington an improved water supply.

In 1908 the company stopped quarrying and the following year constructed the current mill building after the original burned.30 Then around 1919 the office building burned, unfortunately causing the loss of the International Exposition piece when the roof collapsed. Recovery was quick, however, with a new building constructed by 1920. It was used for all office and drafting business into the 1930s, when a second building was constructed for the offices and the first building became solely used for drafting.

28 Matthews Scrapbook. [This information was from The Ellettsville Journal, December 26, 1962.]

29 Batchelor, 50-51.

3° From 1913-1974, the former Matthews quarry site and later the scrabbling yard, was the location for Harding & Cogswell Co. When Bybee purchased the Matthews property, the former quarry became known as Smith Quarry, named for Woolery Stone Company's retired mill superintendent, Bean Smith.

Page 49 of 14323 Matthews and Sons Stone Company Monroe County, Indiana

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Frederick Matthews died in 1932, and for a time the company was run by its former vice president and general manager, Gladstone H. Barrett. In 1946, Barrett's sons--Frederick Matthews' grandsons--Fred and Howard Barrett, took over the company with Fred carrying the lead role. Despite growing up around the family limestone business, Fred had first gone into the insurance business and was then in the RCA purchasing department when he was taped for the stone company.3 1

Mid-century company advertisements listed Matthews Company's successful projects across the country, and one such piece covered from the 1920s into the early 1960s. In Indiana, these projects included the Scottish Rite Cathedral in Indianapolis, the Indiana University Medical and Memorial Union buildings in Bloomington, and Purdue University's Residence Halls H-2 and H-3 in West Lafayette. Projects during this time in Chicago, Illinois, included the Elks National Memorial Headquarters Building, Wesley Memorial Hospital, and the University of Chicago's Research Institute Building. Matthews Company also completed work on the State Office Building in Springfield, Illinois. Additional projects in the Midwest included St. Gabriels Parish in St. Louis, Missouri, and the University of Wisconsin's Memorial Library in Madison; in Minnesota, the Sacred Heart Church in St. Paul, and the high school building in Hibbing; in Ohio the New Tomlinson Hall at the Case School of Applied Science in Cleveland, Central Christian Church in Youngstown, and Wittenburg College's Chapel and Library in Springfield. Work was also completed in the southern states including the Memorial Auditorium in Winston-Salem, North Carolina, and the County Hospital in Anderson, South Carolina; the Tennessee State School for the Blind in Donelson, and the First Lutheran Church in Nashville; West Virginia University's Physics and School of Music buildings in Morgantown; the Post Dispatch Building in Houston, Texas; the Blount County Court House in Oneonta, Alabama; and a building for Western Electric Company in Arlington, Virginia. Some projects even extended far west and north including St. Michael's Hospital in Grand Forks, North Dakota, St. Patrick's Catholic Church in Butte, Montana, and the Young Women's Christian Association (YWCA) building in Calgary, Alberta, Canada. But outside the immediate area, the Mid-Atlantic and Northeastern states seemed to carry the largest number of contracts. Projects in these states included the United States Soldiers and Sailors Home in Washington, DC; in Delaware, the University of Delaware Chemistry Building in Newark, and St. Andrews School in Middletown; the Yale Graduate School Building in New Haven, Connecticut; in New Jersey, Princeton University's Chapel and Robert E. Speer Library in Princeton, and the State Office Building and the Administration Hospital, both in Newark; Manufacturers National Bank in Lewiston, Maine; and the Cathedral of the Assumption of the Blessed Virgin Mary in Baltimore, Maryland. Several projects were completed in Massachusetts including the Charles Hayden Memorial Library at M.I.T. in Cambridge, the home office for American Mutual Liability Insurance Company in Wakefield, and the Federal Reserve Bank and the New England Telephone and Telegraph buildings, both in Boston, as well as Boston University's Chapel and Music, Liberal Arts and Administration Building. The state of also contracted for its share of Indiana limestone from Matthews Company including Cornell University's Anabel Taylor and Statler Halls in

31 Matthews Scrapbook Page 50 of 14324 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State Ithaca, Cardinal Spellman Auditorium in Tarrytown, the Municipal Auditorium in Buffalo, and the New York Central Railroad Passenger Station in Syracuse. Pennsylvania tops the list with the largest number of listed projects during the 1920-1960 period which included the Young Men's Christian Association (YMCA) building in Easton, Mellon Presbyterian Church in East Liberty, the State Office Building in Harrisburg, Pennsylvania State College's Mineral Industries and Mechanical Engineering buildings in State College, Pittsburgh University's Heinz Memorial Chapel and the Buhl Planetarium and Institute of Popular Science also in Pittsburgh, and Philadelphia's Two and Three Penn Center Plazas and the Philadelphia Inquirer Company building.

One of the Matthews Company's most prominent and seemingly proud projects is the above mentioned 1954-58 fabrications and carvings for the Cathedral of the Assumption of the Blessed Virgin Mary in Baltimore, Maryland. Master stone carver, Harold "Dugan" Elgar was the primary carver during the duration of the project. Was of his sculptures features prominently in downtown Bloomington at the Elks Lodge, No. 446 (Indiana Historic Sites and Structures Inventory: City of Bloomington 105-055-90040; eligible, National Register of Historic Places). Likewise, the 1951 Federal Reserve Building in Boston, Massachusetts, featured the sculpting work of master stone carvers Domenick Mazzulo and Joseph Anthony. Their carvings and personal histories feature prominently in the history of the Vinegar Hill Historic District in Bloomington, Indiana (National Register of Historic Places, 2005).

NATIONAL REGISTER CRITERION CONSIDERATION G Criteria Consideration G applies to the Matthews and Sons Stone Company in Monroe County, Indiana, for its continued use, rebuilding and expansion of the site and its buildings over time, and their association with the third generation of Matthews into the late 1970s. The company continued to supply carved stone for projects nationwide well into the 1960s and 1970s, the most significant of these projects during that time being the National Cathedral in Washington, DC.

The Bybee family has operated the company under the name of Bybee Stone Company since purchasing the property and company in 1979, and has continued to contribute significant works of art to national architecture projects, including the final ten years of construction of the National Cathedral in Washington, DC. The company's most recent nationally significant contribution was to supply the finished limestone for the rebuilding of the Pentagon in Washington, DC, following the terrorist attacks on September 11, 2001. Contributing objects on the property generally date to the Bybee years and include the elaborate stone entrance gate on North Matthews Drive, the Bybee logo of a Corinthian column capital adhered to the east side of the office building, five limestone benches along the east facades of the administration and mill buildings, a limestone urn facing the office parking area, two pilaster capitals placed on the west lawn of the administration building, the carved mailbox for the stone tool business, and

Page 51 of 14325 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State the two large Bybee family memorial urns and birdbath at the top of the hill overlooking the old quarry and mill building.32

LATER YEARS OF MATTHEWS BROTHERS CUT STONE COMPANY In the early 1960s, the Matthews Company, and ultimately its successor, Bybee Stone, began one of their more well-known projects, a twenty-year involvement in the building of the National Cathedral in Washington, DC. Limestone was quarried by Independent Limestone Company in Bedford, Indiana, and shipped to Matthews Company to be sawed, planed, cut, and carved. 33

Changes in architectural designs during the 1960s and 1970s brought about an industry-wide decline in cut stone orders. However, during this later period of Mid-Century Modern, International and Brutalist style architectural trends, the Matthews Company continued to supply stone for a considerable list of prominent clients. But for the Matthews Company the industry decline in stone orders was amplified by the fire that destroyed the interior of the drafting building in 1977. The next blow came when a successor to the retiring Fred Barrett could not be found. So the plant went dormant and ended a 116-year old family business.

BYBEE STONE COMPANY In 1979, Wilbur and (Mary) Jean Bybee purchased all the land, buildings, machinery and equipment of the Matthews Company and incorporated the business as Bybee Stone Company. The immediate tasks at hand were to rebuild the fire-damaged drafting building, and to tackle serious neglect of the machinery, including the original gang saws which are still in operation. Following tradition, a group of investors made up of family members, friends and business associates helped get the company financially off the ground. But by 1989, the company was fully family-owned and remains so to this day.34

Wilbur Bybee was no stranger to the limestone industry despite growing up in Texas. His father, Hal, was Professor and Chairman of the Department of Geology at the University of Texas. And his mother, Ruth, was the daughter of Henry A. Woolery, who founded the H.A. Woolery and Son (later Woolery and Sons) Stone Company in 1910 (National Register of Historic Places, 2002). So the family often traveled to southern Indiana and Wilbur spent considerable time with his grandfather at the limestone mill. During his college years, Wilbur worked summers as a merchant mariner. But in the late 1940s he began working his way through the family stone business. At the time he bought the Matth.ews mill, Wilbur was the salesman and estimator for Woolery Stone Company. Three of his sons, George, John A. and James "Dan" Daniel, had also entered into the Woolery company. A fourth son, William, joined Bybee Stone in 1984 following time as an oil ship captain.

32 The date of the cathedral sculpture on the west side of the drafting building is unknown.

33 Ibid.

34 Captions, Bybee Stone Co. Newsletter, August 1989- August 1991; Laura Bybee, editor. The section about the Bybee era is largely based on these newsletters located at the company office. Information was also supplied by Mary Beth Haas, Vice President, CFO, Bybee Stone Company, Inc. and through the company's website. Page 52 of 14326 Matthews and Sons Stone Company Monroe County, Indiana

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In addition to his sons, other skilled limestone workers followed Wilbur to his new company. Some left Woolery Company to work for Bybee, while others had previously worked for Matthews Company or had even retired from the business. Both John Baugh, the retired mill superintendent for Matthews Company, and Bean Smith, the retired mill superintendent for Woolery Company, were brought in early to consult. And Clarence "Dick" Hayes, who first apprenticed in 1927, returned to stone carving after eighteen years of retirement once Wilbur convinced him he needed to pass along his skills and knowledge to the younger generation.

For the first ten years of operation, the Bybee Company resumed quarrying at the original Matthews quarry, then known as Smith Quarry, and at the Ramona Quarry in Spencer. However, as the overall industry experienced a decline due to changes in architectural trends, the company narrowed its focus to carving and intricate stone cutting and found its niche. Bybee also began embracing new technologies, such as the use of Auto Computer Aided Drafting or "Auto CAD" in its design work. The University of Illinois Biotech Laboratory in Urbana was the first project in which the new system was used. The company also diversified by putting its own welding and machine shop to use producing stone cutting tools purchased industry-wide. Over the years the mill building has also been expanded and the equipment upgraded, although many of the old machines continue in use. This has been particularly crucial to the restoration of many limestone buildings around the country, as it permits the replication of older finishes not possible with newer equipment.

The company has many major projects to its credit including restoration of the Iowa State Capital in Des Moines; the Southwestern Bell Building in St. Louis, Missouri, and five buildings at Washington University also in that city; the Arlington National Cemetery Visitors Center, Pennsylvania Plaza, the Building, and restoration of the United States Capitol, all in Washington, D.C.; the Seattle Arts Museum and Chicago's Millennium Park; Princeton University's Economics and Center of International Studies Building, Butler College building and Whitman College building; the guardhouse at West Point called "Thayer Gate"; Duke University's Divinity School in Durham, North Carolina; five buildings at the University of Denver; Our Lady of the Angels Monastary in Hanceville, Alabama; Vintner's Guild Hall in London, England; and completion of the National Cathedral in 1990. One of their most recent significant projects was restoration of the Pentagon following the terrorist attacks on September 11, 2001.

Wilbur Bybee retired in 1993 and his son, James Daniel "Dan" Bybee took over as president. But Wilbur remained active in the company for many years. Wilbur died in December 2001, and his wife, Jean, preceded him in death in 1989. Sadly, Dan died in 2000, and another son, John Andrew Bybee, died in 2005. For his years of quality service to the limestone industry, the Building Stone Institute established the James Daniel Bybee Prize, awarded to individual architects whose body of work is noted for its design and use of stone. Recipients include Malcolm Holzman, FAIA; M. Paul Friedberg, FASLA; Ceasar Pelli, FAIA; Lawrence Halprin, FASLA; and Henry N. Cobb, FAIA. Today the company is overseen by sons William "Will," who took over as president after Dan's death, and George, who is vice-president.

Page 53 of 14327 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Developmental history/additional historic context information (if appropriate)

THE JOHN MATTHEWS FAMILY

John H. Matthews was born in 1806 in Hurstpierpoint, County of Sussex, England.35 In 1826, he married Bridget Downs and they had two children, Alfred E. and Catherine Sophia. From an early age Matthews apprenticed in the stone industry and by 1835, he had arrived in London to take part in the rebuilding of the Houses of Parliament, which had burned the year before. But by the time of Matthews' travels he had been widowed. So his son, Alfred, traveled with him to the city, likely beginning his own stone industry apprenticeship.

In 1836, Matthews married Mary Ann Drake, a daughter of stone mason, Thomas Drake. By the time of the 1841 census, the Matthews and their growing family were living in Lambeth, County of Surrey. Over the years the couple had twelve children, three of whom died in infancy.

John Matthews sailed to the United States from Liverpool, England, in 1849, arriving in New Orleans, Louisiana, in July. His wife and children arrived the following year. Matthews search for a suitable place to practice his trade then took the family to Louisville, Kentucky; Cincinnati, Ohio; Marble Hill near Madison, Indiana; and finally, in 1855, to Stinesville, Indiana, area about ten miles north of Ellettsville. The 1860 census reflects the following entries for the Matthews family: John, 54, stone cutter born in England; Mary A., 44, born in England; Peter, 19, born in England; Frances, 17, born in England; William, 15, born in England; Ann, 14, born in England; Jane, 13, born in England; James, 9, born in Ohio; Susan, 7, born in IN; Phebe, female, 4, born in IN; Frederick, 1, born in IN.36 Although both of Matthews' first children may have originally sailed from England, only Alfred remained in the United States. And by the time the family arrived in Monroe County, he was no longer living under his father's roof. Alfred also apparently never married nor had children.

Before his untimely death in 1884, Peter Thomas Matthews had three daughters and four sons. His youngest son, Charles E. Matthews, was an expert draftsman who worked for the family stone business from 1916 until 1938. He was married to Velma Parks, daughter of James Parks, one of Richland Township's earliest settlers and a leader in the founding of Monroe County, who also served as a state representative.

John Matthews' son, William Norbert Matthews had three daughters and six sons, three of whom worked in the family business. Irvin S. Matthews first served as treasurer when the company

35 John Matthews and His Descendants, compiled by Hope Miller Matthews (Mrs. W. Carey), 1969 and 1970 (Evanston, IL: Monroe County History Center, Genealogy Library Collections and Indiana Room, Monroe County Public Library, Bloomington, IN). This entire section is based on this source. The family name in England was found with various spellings: Mathew, Matthew, and Matthews; the 1836 marriage records of John and Mary Ann show them signing as Mathews.

36 Monroe County, Indiana, 1860 Census (Bloomington, IN: Monroe County Historical Society, 1994) Page 54 of 14328 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State incorporated in 1909 as Matthews Brothers Cut Stone Company, and built a stately home in the Vinegar Hill Historic District (National Register of Historic Places, 2005.) His brother Francis E. (Frank) Matthews managed Empire Stone Company which was owned by the Matthews family. And their brother W. Carey Matthews moved to Chicago in 1916 to represent Empire Stone Company as part of the Indiana Limestone Quarries conglomerate.

John Matthews' youngest son, Frederick, who ultimately took over operation of the stone company after his father's death, had three daughters. It was Edith E. Matthews who married Gladstone Howard Barrett in 191 0, the company's eventual vice-president under his father-in-law. And it was their son, Frederick Barrett, who served as the last president of Matthews Stone Company.

9. Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form)

Abstract Title, Matthews Mansion, donated by Nancy Jonas. MCHC, 2010.

Batchelor, Joseph A., An Economic History of the Indiana Oolitic Limestone Industry (Bloomington, IN: School of Business, Indiana University, 1944)

Captions, Bybee Stone Co. Newsletter, August 1989 -August 1991; Laura Bybee, editor

Clippings files, Monroe County History Center, Genealogy Library and Museum Collections

History of Lawrence and Monroe Counties, Indiana: Their People, Industries and Institutions (Indianapolis, IN: B.F. Bowen & Co., 1914)

Indiana Historic Site and Structures: Monroe County Interim Report (Bloomington, IN: Bloomington Restorations, Inc., 1989)

"John Matthews and His Descendants." Compiled by Hope Miller Matthews (Mrs. W. Carey), 1969 and 1970 (Evanston, IL: Monroe County History Center, Genealogy Library Collections and Indiana Room, Monroe County Public Library, Bloomington, IN)

Matthews Family and Matthews Bros. Stone Co. Materials, 1932-1990. Scrapbook by Fred Barrett (Monroe County History Center, Genealogy Library and Museum Collections, 2009)

McDonald, Bill, A Short History of Indiana Limestone (Bedford, IN: Lawrence County Tourism Commission, 1995)

Monroe County, Indiana, 1860 Census (Bloomington, IN: Monroe County Historical Society, 1994)

Page 55 of 14329 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Monroe County Tax Records. 1861- 1878. Microfilm. (Bloomington, IN: Monroe County History Center).

Sanborn Fire Insurance Maps, 1895-1929. (Bloomington, IN: Indiana Room, Monroe County Public Library).

Steelwater, Eliza. National Register of Historic Places Nomination. Woolery Stone Company, Monroe County, Indiana. Indiana Division of Historic Preservation and Archaeology. 2002.

Steps of Time: Stinesville Centennial, 1855-1955 (Stinesville, IN: Indiana Room, Monroe County Public Library, Bloomington, IN)

Stuckey, Clay W., Gazetteer of Limestone Mills of Owen, Monroe and Lawrence Counties to 1950; June 1989 (Bloomington, IN: Monroe County History Center, Genealogy Library Collections)

The Ellettsville Story, 1837-1987 (Bloomington, IN: Indiana Room, Monroe County Public Library)

Previous documentation on file (NPS): Primary location of additional data: _)<_preliminary determination of individual listing (36 CFR 67 has been State Historic Preservation Office Requested) Other State agency _previously listed in the National Register Federal agency previously determined el1g1ble by the National Reg1ster Local government des1gnated a National Histone Landmark University recorded by H1stonc Amen can Buildings Survey #____ X Other recorded by Histone Amen can Eng1neenng Record # ____ Name of repository: Monroe County History Center

Historic Resources Survey Number (if assigned):_ 105-055-16001-16005 ______

10. Geographical Data

Acreage of Property 42.82 and 2.79 acres (Do not include previously listed resource acreage)

UTM References (Place additional UTM references on a continuation sheet)

3 Zone Easting Northing Zone Easting Northing

2 4 Zone Easting Northing Zone Easting Northing

Page 56 of 14330 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Verbal Boundary Description (describe the boundaries of the property)

The boundaries of the Matthews Stone Company Historic District are shown as the heavy line on the enclosed maps. The boundaries for the house property are illustrated as per the legal descriptions found on the Monroe County Property GIS system: Plat 42, 007-27710-00 PT NW SE 3-9-2W with the State Parcel number 53-04-03-400-021.000-011, and Plat 309, 007-12820-01 PT NW SE 3-9-2W with the State Parcel number 53-04-03-400-015.000-011. The company section is illustrated on the enclosed land title survey from 1988 and follows those boundaries with two exceptions: the triangular section of land east of Matthews Drive/Mt. Tabor Road, and the small section near the northwest corner of the property that contains the creek in-flow, are not included.

Boundary Justification (explain why the boundaries were selected)

The boundary encompassing the house site includes the two parcels, one containing the house and the other which is the last remaining undeveloped associated lawn, preserving the open vista between the house and the stone company. The boundary encompassing the company generally follows the boundary of land owned and still used by Bybee Stone Company, Inc. and represents the majority of land previously owned and utilized by Matthews Stone Company. The east boundary at the northeast corner follows the original north/south division line rather than extending east to the creek or road. The area between the division line and the creek contains only portions of the ponds, which fluctuate in size and shape, and is otherwise an unused and undeveloped portion of land. Ownership of this portion has been unclear for many years and remains so, further complicating inclusion of an an otherwise less significant section of land. Where the division line meets Matthews Drive, the eastern boundary follows the west edge of the road south to the southeastern-most tip of the Bybee Company property. The triangular portion of land owned by Bybee Stone Company on the east side of Matthews Drive is not included in the districtt as it is undeveloped and without contributing resources or historically known use. Along the southern edge the boundary turns west and then north to include the former Matthews scrabbling yard and Harding & Cogswell Co. location, which is still used by Bybee Stone Company for its operations. The land immediately to the west, or what could be considered the southwest quadrant, although once part of the stone companies, is not included in the district as it is no longer owned by Bybee Stone and is otherwise unused and without contributing resources. The northwestern boundary stretches west to include the former quarry areas and a portion of the large limestone block fence. However, the small rectangular area that includes the creek-in flow into the quarry is not included in the district as it has no contributing significance. The north boundary naturally follows the southern edge of West Maple Grove Road to the point it meets the north/south division line.

11. Form Prepared By name/title Danielle Bachant-Bell, historic preservation consultant organization Lord & Bach Consulting date Dec 27, 2010 street & number 605 West Allen Street telephone 812-336-6141 city or town Bloomington state IN zip code 47403 e-mail [email protected]

Additional Documentation Submit the following items with the completed form:

Maps: A USGS map (7.5 or 15 minute series) indicating the property's location.

A Sketch map for historic districts and properties having large acreage or numerous resources. Key all photographs to this map.

Continuation Sheets

Additional items: (Check with the SHPO or FPO for any additional items)

Page 57 of 14331 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Photographs: Submit clear and descriptive photographs. The size of each image must be 1600x1200 pixels at 300 ppi (pixels per inch) or larger. Key all photographs to the sketch map.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southeast end, row of company buildings, Administration Building closest to camera followed by Drafting Building and then Mill Building; photographer facing northwest

1 of_115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Cartouche of John Matthews, southeast quadrant of facade at cornice of Administration Building; photographer facing west

2 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Cartouche of Frederick Matthews, northeast quadrant of facade at cornice of Administration Building; photographer facing west

3 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Page 58 of 14332 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Bybee Stone Company limestone logo sign and memorial bench, central quadrant of facade at eye level of Administration Building; photographer facing west

4 of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Staircase connector between Administration and Drafting Buildings; photographer facing west

5 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Bybee Stone Company urn, southeast quadrant of facade of Drafting Building, at ground level; photographer facing west

6 of 115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Northeast corner of Drafting Building south to Administration Building; photographer facing southwest

7 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Page 59 of 14333 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Southwest corner of pump house at Jack's Defeat Creek and metal walk bridge; photographer facing northeast

8 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Remains of railroad bridge abutments on banks of Jack's Defeat Creek, west side abutment shown; photographer standing in middle of metal walk bridge over creek, facing north/northeast

9 of 115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: East facade of Mill Building from southeast corner to northeast corner, metal walk bridge from employee parking lot in foreground; photographer facing northwest

10 of --115

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest corner facade, company store building; photographer facing northeast

11 of --115

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 60 of 14334 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Company store building, facade detail of Flemish gable; photographer facing easUnortheast

12 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Company store building, facade detail; photographer facing northeast

13 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Company store building, detail of south exterior wall; photographer facing northeast

14 of _115

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Southeast slurry pond on east side of mill yard; photographer facing east

15 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Northeast slurry pond in east mill yard, pumping machinery visible in foreground, Matthews Mansion visible in background; photographer facing easUnortheast

Page 61 of 14335 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

16 of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: North area of mill yard looking east toward intersection of Matthews Drive and West Maple Grove Road, company store building and metal shop building (NC) visible; photographer facing northeast

17 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Northwest side of mill yard looking south, new mill building (NC) to left; photographer facing south

18 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest facade of mill building, corner of new mill building (NC) in extreme left edge of photograph, corner of shed building (NC) in extreme right edge of photograph; photographer facing southeast

19 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Northwest area of old quarry and scrabbling yard adjacent to mill buildings; photographer facing northwest

Page 62 of 14336 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

20of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Central area of old quarry and scrabbling yard adjacent to mill buildings; photographer facing west

21 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest area of old quarry and scrabbling yard adjacent to mill buildings, memorial objects visible on hill; photographer facing southwest

22 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: West facade (rear) of Drafting building, south end of mill building to left; photographer facing northeast

23 of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest corner of rear facade of Administration building, pilaster capitals on lawn visible; photographer facing northeast

Page 63 of 14337 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

24 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Cathedral sculpture remnant attached to exterior southwest corner of Drafting building; photographer facing north

25 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest mill yard, rear of Administration and Drafting buildings to right, mill building and new mill building (NC) and shed (NC) toward center of photograph; photographer facing north

26 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Driveway to southwest waste stone pile on former quarry and mill site; photographer facing southwest

27 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest area of property west of waste stone pile, former quarry and mill area; photographer facing southwest

28 of _115_

Page 64 of 14338 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Southwest area of property, waste stone pile to left; photographer facing south

29 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Memorial column to John Andrew Bybee, on hill overlooking mill buildings; photographer facing east

30 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Limestone birdbath between memorial columns, on hill overlooking mill buildings; photographer facing east

31 of 115 .

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Memorial column to James Daniel Bybee, on hill overlooking mill buildings; photographer facing east

32 of _115_.

Page 65 of 14339 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Semi-aerial view of old quarry area adjacent to mill buildings on west side, from memorial area; photographer facing north

33 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Semi-aerial view of old quarry and scrabbling yard area adjacent to mill buildings, also west mill yard and new mill building; photographer facing north/northeast

34 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Former Smith Quarry (Lake Quarry) filled with water, visible through trees; photographer facing northwest

35 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Semi-aerial of southwest mill yard; photographer facing southeast

36 of _115_

Page 66 of 14340 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Entrance gate off Matthews Drive; photographer facing north

37 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Limestone mailbox, east of north entrance off West Maple Grove Road; photographer facing southwest

38 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Pump house along north boundary adjacent to West Maple Grove Road; photographer facing west

39 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Interior, drafting room in Drafting building; photographer facing northwest

40 of _115_

Page 67 of 14341 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Pierced limestone window insert, interior of Administration building; photographer facing north

41 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: View of second floor office corridor, Administration building; photographer facing south

42 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Meeting room, second floor interior, Administration building; photographer facing southeast

43 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Interior of mill from south to north; photographer facing north

44 of _115_

Page 68 of 14342 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Detail of gang saw, motor and belt end; photographer facing west

45 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Detail of gang saw, motor and belt end; photographer facing north

46 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Row of gang saw bays; photographer facing east

47 of --115 .

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Park rip saw at uppermost north end of building; photographer facing northwest

48 of _115_

Page 69 of 14343 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Vertical lathe at northeast end of mill building; facing northeast

49 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Diamond saw nearer center of mill building; photographer facing west

50 of _115

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Radial planer at northwest area of mill building; photographer facing northwest

51 of_115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: First northernmost planer following row of gang saws; photographer facing northeast

52 of _115_

Name of Property: Matthews Stone Company District

Page 70 of 14344 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Detail of planer under operation; photographer facing east

53 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Rows of planers on east side of mill building, from north to south; photographer facing southeast

54 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Transporting stone from the planer; photographer facing south

55 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Traveler transporting stone from the planer; photographer facing south

56 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana Page 71 of 14345 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Detail of finish lathe work, at south end of mill building; photographer facing east

57 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Interior of forge and old metal shop, from north to south; photographer facing south

58 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Cutter at work in south end of mill building, pattern on glassine visible in foreground; photographer facing west

59 of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: A cutter's tool box showing various bits; photographer facing south

60 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Page 72 of 14346 o I

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Photographer: Danielle Bachant-Bell

Date Photographed: November 16, 2010

Description of Photograph(s) and number: Carving patterns from the drafting department laid out for the cutters, southeast end of mill building; photographer facing north

61 of 115_

Name of Property: Matthews Stone Company District

City or Vicin'ity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: West view of Matthews Mansion from Matthews Drive showing open lawn; photographer facing east

62of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 1, 2010

Description of Photograph(s) and number: Detail view of Matthews Mansion from Matthews Drive, garage building (NC) at rear of house visible; photographer facing east

63 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: East facade (rear), Matthews Mansion; photographer facing west

64 of --115 .

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell Page 73 of 14347 J ' Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Second floor window detail, east facade, NE corner, Matthews Mansion; photographer facing west

65 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Gutter downspout, east facade, NE corner, Matthews Mansion; photographer facing west .

66 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: South facade, Matthews Mansion; photographer facing north

67 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: North facade, Matthews Mansion; photographer facing south

68 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010 Page 74 of 14348 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: West facade, Matthews Mansion; photographer facing east

69 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Detail, west facade pavilion, Matthews Mansion; photographer facing east

70 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Keystone detail, primary floor windows, west facade, Matthews Mansion; photographer at NW window facing east

71 of_115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Carving detail, second floor balcony corbels, outside exposure, Matthews Mansion; photographer facing south

72 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 75 of 14349 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Keystone detail, west entrance door, primary floor, Matthews Mnsion; photographer facing east

73 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Rosette beneath second floor balcony, Matthews Mansion; photographer facing east

74 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Carving detail, second floor balcony corbels, inside exposure, Matthews Mansion; photographer facing south

75 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Faces on corbel ends, second floor balcony, Matthews Mansion; photographer facing east

76 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 76 of 14350 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Wall niche, NW corner of west facade, Matthews Mansion; photographer facing southeast

77 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Detail of exterior stairway, NW corner of west facade, Matthews Mansion; photographer facing northeast

78 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Tree trunk design, stone, rail fence remnant, NW corner of driveway along West Maple Grove Road, Matthews Mansion; photographer facing northwest

79 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Dry stack stone wall and iron gate, along West Maple Grove Road; photographer facing south

80 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 77 of 14351 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Stone fence/property line marker, along Matthews Drive; photographer facing east

81 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Primary floor interior entrance hall, view of west doors, Matthews Mansion; photographer facing west

82 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Primary floor interior entrance hall, view of east door, Matthews Mansion; photographer facing east

83 of - 115-

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Remaining plaster carving above west doors, interior hallway, Matthews Mansion; photographer facing west

84 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 78 of 14352 I, I

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Detail of crown molding, interior hallway, Matthews Mansion; photographer standing on stairway facing southwest

85 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Keystone detail above east door, interior hallway, Matthews Mansion; photographer facing east

86 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: View of southwest formal room, primary floor, Matthews Mansion; photographer facing southeast

87 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Plaster ceiling medallion, southwest formal room, primary floor, Matthews Mansion; photographer facing east

88 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 79 of 14353 'I I

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Fireplace, southwest formal room, primary floor, Matthews mansion; photographer facing east

89 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Detail of interior door, southwest formal room,primary floor, Matthews Mansion; photographer facing northwest

90 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: View of northwest formal room, primary floor, Matthews Mansion; photographer facing northeast

91 of_115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Plaster ceiling medallion, northwest formal room, primary floor, Matthews Mansion; photographer facing northeast

92 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 80 of 14354 t. I

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: View of second floor hallway from east end at top of stairway, matthews Mansion; photographer facing west

93 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Detail of second floor hallway window, east end, Matthews Mansion; photographer facing northeast

94 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: View of second floor bedroom, northwest room, Matthews Mansion; photographer facing northwest

95of_115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: View of basement, southwest room, Matthews Mansion; photographer facing west/northwest

96 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Page 81 of 14355 'J

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: Cobalt flash glass transom, Matthews Mansion; unmounted, hand-held to light for photograph

97 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Danielle Bachant-Bell

Date Photographed: November 28, 2010

Description of Photograph(s) and number: Ruby flash glass transom, Matthews Mansion; unmounted, hand-held to light for photograph

98 of _115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1885

Description of Photograph(s) and number: Matthews & Sons Stone Company, early gang saw mill, company store building visible in background

99 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1870

Description of Photograph(s) and number: John Matthews (foreground, wearing vest) and his oldest son, Peter, (far left) at their quarry with quarrymen

100 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1888

Page 82 of 14356 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

Description of Photograph(s) and number: William Matthews (standing, far right) and Frederick Matthews (seated second row, off left shoulder of man with horseshoe) at their quarry with quarrymen

101 of_115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1909

Description of Photograph(s) and number: The mill building shortly after its construction; the old office and drafting building is visible to the left; the company store building is visible along the rail line to the right

102of 115_.

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1915

Description of Photograph(s) and number: Limestone being transported by rail spur, immediately east of the mill building; likely Fred Matthews near automobile

103 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1930

Description of Photograph(s) and number: Drafting building shown well after construction, but prior to construction of Administration building above garage bays; tracks for rail spur still visible but not used; likely Fred Matthews pictured

104 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Interior of mill building

Page 83 of 14357 .. } .. Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

105 of 115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Interior of mill showing row of planers

106 of 115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Detail of planer operation

107 of 115 .

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Detail of lathe operation

108 of --115

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Stone being packed for shipment

109 of _115_

Name of Property: Matthews Stone Company District

Page 84 of 14358 Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Inside the old forge and metal shop

110 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: 1962

Description of Photograph(s) and number: Centennial of Matthews Stone Company; Fred and Howard Barrett, grandsons of Frederick Matthews who were then overseeing the company, are in the center of the back row

111 of 115 .

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: c.1880

Description of Photograph(s) and number: Graymont (Matthews Mansion) shortly after construction, as the iron railings are not yet installed; on the porch to the far right is John Matthews, the other man seated is likely Peter Matthews, William Matthews is likely the man standing; the woman on the porch on the far left is likely Mary Matthews, and the other women are likely daughters or daughters-in-law; the women on the upper balcony are maids

112 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: John and Mary Ann Matthews

113 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

Page 85 of 14359 -,, ' 1­

Matthews and Sons Stone Company Monroe County, Indiana

Name of Property County and State

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Matthews family photograph taken sometime after the death of patriarch, John Matthews; his widow, Mary Ann, is seen in black seated; her son, William, is seated to her left, and her son, Frederick, is seated two more to the left; her son, James, is likely immediately to her right; an outbuilding is visible east of the house

114 of _115_

Name of Property: Matthews Stone Company District

City or Vicinity: Ellettsville

County: Monroe State: Indiana

Photographer: Collection of Monroe County Historical Society

Date Photographed: unknown

Description of Photograph(s) and number: Some of the Matthews family likely also photographed at the time of the reunion; the original walkways and grassy lawn at the west side of the house near the piazza are visible

115 of 115_

Property Owner: (complete this item at the request of the SHPO or FPO) name Bybee Stone Company, Inc. street & number P.O. Box 968 telephone 812-876-2215 city or town Bloomington IN . d 47402 sat t e z1p co e name Bybee Real Estate Partnership street & number P.O. Box 968 telephone 812-876-2215 city or town Bloomington state IN zip code 47402 name Nancy Jonas street & number 6445 West Maple Grove Road telephone city or town Ellettsville 4 7 429 state IN zip code

Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 18 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC.

Page 86 of 14360 Minutes for Monroe County Historic Preservation Board Meeting Monroe County Courthouse Meeting Room April 11, 2011

MEMBERS PRESENT: Devin Blankenship, Lucretia Cregar, Nancy Hiller, Cheryl Munson, Mary Pietsch-Alexander, Patsy Powell

STAFF PRESENT: Larry Wilson

PUBLIC PRESENT: Danielle Bachant-Ball, Nancy Jonas, Mr. Matthews

The meeting was called to order at 5:30pm. The Board requested changes to the March 2011 meeting minutes. Nancy Hiller motioned to approve the minutes as revised, Patsy seconded.

Cheryl opened the public hearing for Case 1103-HPNR-01 I Matthews Stone Co. National Register Nomination. The applicant, Danielle Bachant-Bell, provided a short presentation to the Board regarding the nomination. Larry Wilson also provided some infom1ation about the nomination, including the findings of the Board specific to the application. The Board questioned Danielle about specifics regarding the Matthews Stone Company and acknowledged that John Matthews was a prominent figure in the limestone industry even during his time.

LatTy crafted a motion to approve nomination with the associated findings as established, and Lu seconded. With a voice vote of all ayes (6-0), the Board agreed to forward the nomination to the Board of Commissioners.

The Board then discussed the 201 0 CLG report. Devin motioned to approve the report subject to further additions, Nancy seconded. With a voice vote of all ayes, the motion passed.

The Board then discussed the house model project outreach with school groups, and Cheryl noted that flyers were sent out, calls were made as well as emails requesting participation.

Cheryl reported on the State Historic Preservation conference that she, Lu and Erin attended the previous week. She acknowledged that the presenters were great and that the new Landmarks facility is very impressive. Cheryl also noted that the Board expects to receive a letter from the Historic Preservation Advisory Council regarding their opinion about 169.

The meeting was adjourned at 7:15PM.

Monroe County Historic Preservation Board 1 of I Meeting Minutes: Apri111, 2011 Page 87 of 143 MONROE COUNTY HISTORIC PRESERVATION BOARD Aprilll, 2011

PLANNER: Erin Shane, AICP CASE NUMBER: 1103-HPNR-01, Matthews Stone Co. National Register Nomination PETITIONER: Danielle Bachant Bell of Lord & Bach Consulting LOCATION: 6293 N. Matthews Drive 6445 W. Maple Grove Road REQUEST: Nomination to the National Register of Historic Places for the Matthews Stone Company Historic District

EXHffiiTS 1. Matthews Stone Company Historic District Map, from the Monroe County Interim Rep01i of the Indiana Historic Sites and Structures Inventory, 1989 2. Matthews Stone Company Historic District Boundary Map 3. Matthews Mansion in 2000, picture from the Monroe County History Center website 4. Plat Map for Matthews Stone Company Historic District 5. Picture - Drafting Building, 1930 6. Picture -Drafting & Administration Building, 2010 7. Picture- Company store building in background, 1885 8. Picture - Company store building, 2010 9. Picture -Mill building, old office and drafting building on left, compa'ny store near rail track, 1909 10. Picture - Mill building looking east, 2010 11. Picture - Interior of mill building, date unknown 12. Picture - Interior of mill building, 201 0 13. Picture- Matthews Family and Mansion, date unknown 14. Picture- Matthews Mansion from west, 2010 15. Picture - Matthews Mansion from east, 2010 16. Picture- Matthews Mansion tower detail, 2010 17. DNR/DHPA Checklist & Guidelines for National Register Applications

RECOMENDATION Approve the Matthews Stone Company National Register Nomination to the Monroe County Commissioners and the Indiana State Historic Preservation Officer (SHPO) based on the accepted responses to the National Register criteria.

AUTHORITY FOR REVIEW The Monroe County Historic Preservation Board is a Certified Local Governrnent (CLG) entity approved by the Indiana State Historic Preservation Officer and the Secretary of the Interior. According to the Indiana Certified Local Governrnent Regulations, CLG' s shall participate in the nomination of properties to the National Register. Applications for properties located entirely within the jurisdiction of a CLG will be directed to and processed by that CLG.

Completed National Register Applications are to be scheduled for public comment and review by the Commission at its next meeting, which must be within fifty (50) days of receipt of the completed application. The Commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. The chief elected local official, in this case the Monroe County Commissioners, shall transmit the report of the Commission and their recommendation to the State Historic Preservation Officer.

Page 881 ofof23 143 LOCATION I AERIAL MAP The district is located in Richland Township, north ofthe Town of Ellettsville. The properties are located at the southwest and southeast comers of Maple Grove Road and Matthews Drive (formerly known as Mt. Tabor Road).

Matthews Stone Company Historic District (105-055-16001-16005)

until t:onstnKtiLm ... Albanv und S..lh::rtt In lBS3 Sh:Jrn· N was tt\e·n m~edct.l ior brid~c Mid Otl

!.n 1!';t!2, aftN first a Sttnes\·me quarry,. i\,?A,nr><•t.,tA e>Wll stone

croS:scJ thn;c !TI:1fYOrL1nt tr~ln~pPrkttKltl wuw~ Ddeat Cred\. \luutll ! .1!··m [{fJad and Hw and had rt bvd ,,, ftnt~ bn1e~tu~1e

Onc,• h1s ~tud rt\1ll 1v~.:rc e:SLtbL s:Jk·~L ~tlHh€\VS ~-,l·,n~trtH'tH..:Jn r~'f hb ~n~.:n [I }i!d Ha: Frt•nth s,·,·{md ~ton ..· -~m.nt~ar:on ___ thdt ~ln):>;~tt <1n t.he ~ite nmM han· <1c:'-hH1lShn.l the nl

EXHIBIT I: Matthews Stone Company Historic District Map, fi'om the Monroe County Interim Report ofthe Indiana Historic Sites and Structures Invent01y, 1989

Page 892 ofof23 143 II LEGEND 'o\'~;~\E ·~j " Pare els Town of EllettS\Iille Jurisdiction

District Boundary

0 275 550 1,100 Feet

EXHIBIT 2: Matthews Stone Company Historic Boundary Map

Page 903 of23of 143 LOCAL HISTORIC SIGNIFICANCE The Monroe County Interim Report of the Indiana Historic Sites and Structures Inventory from 1989 has a special focus on the Matthews Stone Company Historic District, which highlights its local importance to the local community. According to the report, the district is a complex of buildings associated with an early family owned stone company. John Matthews, an accomplished stone carver from England came to Monroe County in 1849. In 1862, after working for a quarry in Stinesville, Matthews opened his own stone company on land he purchased just north of Ellettsville.

Once his quarry and mill were established, Matthews began construction of his own house across the road. He built a stone square three story house with a steeply pitched slate defined as a French Second Empire style mansion. The house has only four rooms and a central passage on each floor. The report notes that the mansion was the first of its kind in the area, as nothing like it has been built for miles around.

Matthews, with his sons and employees, quarried the 22 inch thick stone blocks for the walls of the house and carved many of the architectural features in the home. EXHIBIT 3: Matthews Mansion in 2000, picture Construction on the house was interrupted by _{1-om the Monroe County Hist01y Center website the Civil War, yet it was completed by 1869.

The Matthews Brothers Stone Company flourished during the nineteenth and early twentieth century. John Matthews was quite progressive in that he first utilized steam power for the cutting of stone and in 1875, purchased the first channeling machine in Monroe County. The company has provided stone for many notable buildings including the National Cathedral in Washington DC and the Scottish Rite Cathedral in Indianapolis and the Indiana Memorial Union here in Bloomington.

TECHNICAL & SUBSTANTIVE REVIEW OF HISTORIC DISTRICTS The Department of Natural Resources (DNR) via the Department of Historic Preservation and Archeology (DHPA) has provided the Board a checklist and guidelines to conduct a technical and substantive review of the Matthew Stone Company Historic District (Exhibit 4). The remainder of this section uses this framework to provide a review of the proposed district.

Section 1: N arne of Property The district name and survey number are correct and accurately reflect the properties. The "Not for Publication" and "Vicinity" boxes are populated "N/A", in that they do not need additional restriction for public information.

Section 2: Location The County code for Monroe County is 105 as is correctly listed in Section 2.

Section 3: State/Federal Agency Certification This section is intended to be populated by the DHPA and NPS, not the applicant or Monroe County. The fields are blank.

Page 914 ofof23 143 Section 4: National Park Service Certification This section is intended to be populated by NPS, not the applicant or Monroe County. The fields are blank.

Section 5: Classification Ownership of the sites is correctly marked private and the category of property is marked as a district. The properties are considered a district because several parcels are involved and there is a somewhat large amount of acreage with a variety of resources, such as a quarry, mill and estate. The district is not contiguous, as there is a small piece of property just west of Matthews Drive, between the quarry and Matthews Mansion property. Furthermore, the majority of the quarry parcels are included in the district with the exception of the southwest comer of the site, that which falls east of Matthews Drive. As noted in the narrative description under Company Resources, the survey submitted for the quarry does align with the historic district boundary. The historic district boundary specific to the quarry is smaller than the survey provided for the same.

Section 5 in the application lists final counts for contributing and non-contributing resources in the district, while the narrative provides the descriptions and labels for the same. The maps do not define all of the contributing and non-contributing resources; although, some of the contributing buildings on the Company property map are accounted for.

To provide a one stop reference point, the Board has compiled the contributing and non-contributing resources in the district, to align with the total counts provided for in the application under Section 5.

COMPANY RESOURCES

TYPE CONTRIBUTING NON-CONTRIBUTING

Building 1908 mill building all metal mill building addition a metal utilities building on the east 1920 drafting building side of the primary mill building all metal, tool and metal shop building on 1931 administration building the east side of the site; 187 4 company store building

Building Total 4 Contributing 3 Non-Contributing

Company's land--drives and yards Site surrounding the mill buildings and the fon11er quarry and scrabbling yard areas

Site Total I Contributing pump house on the bank oflack's Defeat Small metal pump house servicing the Structure Creek due east of the drafting building ponds. a second pump house at the edge of West and a concrete block storage structure on Maple Grove Road at the north property the west side of the primary mill building boundary.

limestone railroad bridge abutments on either bank of Jack's Defeat Creek.

Two slurry ponds, as a collective unit, are in the northeast comer of the district.

Page 925 of23of 143 COMPANY RESOURCES

A fence of large quarried blocks forms the western property boundaries smaller fence of limestone blocks forms the boundary of a memorial area overlooking the mill yard

Structure Total 6 Contributing 2 Non-Contributing elaborate stone entrance gate on North Object Matthews Drive Bybee logo of a Corinthian column capital adhered to the side of the office building

five limestone benches along the facades of the administration and mill buildings (5) a limestone urn facing the office parking area part of a cathedral sculpture adhered to the southwest comer of the drafting building two pilaster capitals placed on the west lawn of the administration building (2) carved mailbox for the stone tool business

Two large Bybee family memorial urns and birdbath at the top of the hill overlooking the old quarry and mill Building (3)

Object Total 15 Contributing

Page 936 ofof23 143 MATTHEWS MANSION RESOURCES

TYPE CONTRIBUTING NON-CONTRIBUTING

Building House -Matthews Mansion The 1990's garage building

Building Total 1 Contributing 1 Non-contributing

a dry stack stone wall with an iron and Structure limestone entry gate

Structure Total 1 Contributing

a three post-section of post and rail fence four concrete garden ornaments dating Object along portions of West Maple Grove from the 1970's or 1980's (4) Road

a limestone comer fence post along Matthews Drive and along portions of West Maple Grove Road

Object Total 2 Contributing Objects 4 Non-Contributing

Section 6: Function or Use The historic and current functions of the district are accounted for using categories from the National Register Bulletin, "How to Complete the National Register Registration Form··, updated in 1997.

Section 7: Description Applicable architectural styles are noted for the district and also more specifically addressed in the narrative. Materials accounted in the district are also consistent with the categories in the National Register Bulletin, "How to Complete the National Register Registration Form··, updated in 1997.

The narrative associated with the Company Resources and the Matthews Mansion Resources list the date of original construction and subsequent additions on most if not all of the structures. Most of the contributing I non-contributing designations are accounted for in the introductory sections of the narrative, further clarified under Section 5.

All of the known resources on the property have been described, which provides a balanced distribution between age of resources, styles and contributing /noncontributing status.

Finally, the applicant provided narrative regarding interior details which presented a more in depth and thorough understanding ofthe properties. The flow of the narrative was systematically structured to lead the reader through the large properties while maintaining a sense of order in describing the business and estate features.

Page 947 ofof23 143 Section 8: Statement of Significance The applicant warrants that the Matthews Stone Company Historic District meets three (3) of the National Register Criteria and one (1) Criteria Consideration noted in bold italic letters as follows:

The National Register Criteria for Evaluation is as follows:

The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:

A. That are associated with events that have made a significant contribution to the broad patterns ofour history; or

B. That are associated with the lives ofpersons significant in our past; or

C. That embody the distinctive characteristics ofa type, period, or method ofconstruction, or that represent the work ofa master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

D. That have yielded, or may be likely to yield, information important in prehistory or history.

The National Register also provides for Criteria Considerations specific to unique properties, as follows:

Ordinarily cemeteries, birthplaces, or graves of historical figures, propetties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categ01ies:

a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

b. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

c. A bitthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life; or

d. A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or

g. A property achieving significance within the past 50 years ifit is ofexceptional importance.

Page 958 ofof23 143 The applicant makes a compelling case for each of the four criterions established. A summary paragraph is provided where the four criteria are indentified. The applicant then proceeds to provide an in depth response for each criteria section.

The applicant warrants that the district is significant at the state level for its pioneering and continued contributions to the state's limestone industry. The Board agrees with this finding and would add that the district is also significant at the local level due to the large limestone industry presence in Monroe County in addition to the local significance of Matthews Mansion, as defined in the Monroe County Interim Report of the Indiana Historic Sites and Structures Inventory from 1989.

Contemporary history maintains that Matthews Mansion was designed by architect Jean-Louis Charles Gamier. As noted in the application, " ... no primary or substantial secondary sources have been found to corroborate that Gamier, nor any other architect, designed the house."

The Monroe County Historic Preservation Board agrees with the findings as follows:

A. That are associated with events that have made a significant contribution to the broad patterns ofour history;

The Board agrees that the Matthews Stone Company historic district meets Criterion A under the areas of Industry and Commerce for its significant contributions to the development and continued success of the Indiana limestone industry.

The company was established by Jolm Matthews, one of the industry's earliest and most successful leaders, and is one of the few remaining historical collections of buildings associated with the limestone industry in Monroe County, Indiana. The Matthews complex began operations at the site between 1862 and 1864 and continues operating today, now as Bybee Stone Company, making it the oldest continuing limestone operation in the county.

B. That are associated with the lives ofpersons significant in our past; or

The Board agrees that the Matthews Stone Company historic district meets Criterion B for its association with John Matthews.

It is conunonly established that Matthews began his stone business in Monroe County in 1862. Over the years Matthews initiated further industry innovations that allowed his business to thrive and grow while others failed. His long-lasting mark on the state's limestone industry has, in recent decades, given him the name, ·'father of Indiana limestone." As early as 1876, he was referred to as "a pioneer in the stone business of our own state."

C. That embody the distinctive characteristics ofa type, period, or method ofconstruction, or that represent the work ofa master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

The Board agrees that the Matthews Stone Company historic district meets Criterion C for Architecture and Art.

The business/quarry site maintains two higher-style buildings, the 1874 Eclectic Late Victorian store building and the c.l931 Tudor Revival office building. East of the mill, across Jack's Defeat Creek and Mt. Tabor Road, is the French Second Empire home of John Matthews and his family built in 1880, and possibly designed by architect, Jean-Louis Charles Gamier. As a business the Matthews and Sons Stone Company, through its evolution into Matthews Brothers Stone Company and later followed by Bybee Stone Company, has made their own significant contributions to national works of

Page 969 ofof23 143 architecture and art through their quanied, milled and carved limestone from the 1860s to the present day.

g. A property achieving significance within the past 50 years if" it is ofexceptional importance.

The Board agrees that the Matthews Stone Company historic district meets Criteria Consideration G applies for its continued use, rebuilding and expansion of the site and its buildings over time, and their association with the third generation of Matthews into the late 1970's.

The company continued to supply carved stone for projects nationwide well into the 1960's and 1970's, the most significant of these projects being theNational Cathedral in Washington, DC. The Bybee family has operated the company under the name of Bybee Stone Company since purchasing the property and company in 1979, and has continued to contribute significant works of art to national architecture projects, including the final ten years of construction of the National Cathedral in Washington, DC.

Section 9: Major Bibliographic References The bibliography provided in the application includes footnotes reference throughout the nanative. The bibliography appears to be in the Chicago Manual of Style format.

Section 10: Geographical Data The acreage listed for the district in Section 10 is the sum of several parcels. The historic district boundary is again displayed in Exhibit 4 of this rep01i, encompassing Plats 14, 116, 42 and 309 of Section 03-09N-02W of Richland Township in Monroe County.

The quarry propetiy has several documented acreages in sources such as property deeds, a March 1988 survey compiled by Kevin Potter (and submitted with this application), plat maps and the County's property tax record card. Not surprisingly, the quany acreages from all sources vary from 46.11 acres to 47.025 acres. This variation in acreages is not unconm1on as surveying benclunarks over time change or are removed, or simply, surveyors have differences of opinion.

There have also been surveys for the properties located adjacent south and east of the quarry and mansion parcels. A recent 2010 survey for the property to the south (owned by E. Davis) did result in a loss of approximately 1 acre for Plat 116, as shown in Exhibit 4.

The applicant has excluded the SE comer of the quany site from Plat 14 (or a portion of the SE quarter of the NE quarter of the SW quarter of Section 3), which Board staff estimates to be 2.75 acres. This land lies east of Matthews Drive and is geographically separate from the main quarry operation. The applicant has also excluded .88 acres at the NW comer of Plat 14.

The Board confirms the 42.82 acres associated with the quarry for this historic preservation district dedication. Plats 42 and 309 represent the land associated with the Matthews Mansion. The Board also agrees with the 2.79 acres dedicated to the mansion.

Page 97I 0 ofof 143 23 RICHLAND 03-09N-02\J 617,17 ACRES ACCORDING TO U,S, SURVEY

DELAP RD. @9 ®@ @~@~@ @

CD ®

i. ~\ '/-), c_:--­ w __j

Matthews Stone Company Historic District Boundary BEAM, LONCitST & NEFF, INC. Matthews Stone Co. (now Bybee Stone C.) property NOT in Historic District Bou-nda,ry ~ ~!~:~~,.

EXHIBIT 4: Plat map for the Matthews Stone Co. Historic District

Page 1198 of 143 23 Additional Documentation Section

Photography: • Photo descriptions in the text reference photo number. • The boundary survey I site plan for the business and estate reference point of view for each picture. • The images are all clear and there is a combination of buildings and streetscapes. • There are contributing and non-contributing photos in each shot from all areas of the district. • The digital photo files are in .tifs format and are in color • The digital photo files are labeled correctly and are on CD's as part of the application

Maps: • USGS map: 7.5 minute topographical map is submitted in color and in good condition (original forwarded to state- Monroe County copy is b/w) • Site map: business/quarry map is from a survey while the estate/mansion site plan is an aerial photo.

Page 1299 of 143 23 SITE PICTURES

EXHIBIT 5: Drafting Building, 1930

EXHIBIT 6: Drafting & Administration Building, 2010

13 of23 Page 100 of 143 EXHIBIT 7: Company store building in background, 1885

EXHIBIT 8: Company store building, 2010

Page 10114 of of23 143 EXHIBIT 9: Mill building, old office and drafting building on left, company store near rail track, 1909

EXHIBIT 10: Mill building looking east, 2010

Page 10215 of23of 143 EXHIBIT 11: Interior of mill building, date unlrnown

EXHIBIT 12: Interior of mill building, 2010

Page 10316 ofof23 143 EXHIBIT 13: Matthews Family and Mansion, date unknown

EXHIBIT 14: Matthews Mansion from west, 2010

17 of23 Page 104 of 143 EXHIBIT 15: Matthews Mansion from east, 2010

EXHIBIT 16: Matthews Mansion tower detail, 2010

Page 10518 of of23 143 EXHffiiT 17: DNR/DHPA Checklist & Guidelines for National Register Applications

Checklist for Technical Review of Historic Districts

The Basics: Cover Sheets, Continuation Sheets, Photos/CO, and Maps

Working Your Way through the Cover Sheets

Section 1: Name: Does the name accurately reflect the significance of the property? Pay particular attention to the correct form for the name of the property -Insert the survey number if available -Pay attention to guidance in Bull. 16 for "not for publication" and "vicinity" boxes

Section 2: Location: County Code (Check Appendix 11:5 in "How to Complete the National Register Registration Form")

Section 3: State/Federal Agency: Level of significance

Section 4: NPS Certification: Leave Blank

Section 5: Mark ownership &category Resource Count: o Make sure it matches Description & site map • Make sure that various resources are classified as the appropriate type (building, site, structure, or object) e Make sure that all examples of a particular resource type (Ex: garages) within the period of significance are included. Can't only count the good ones. • For commercial districts: Be sure to count buildings, not storefronts. Admittedly this can be tricky.

Section 6: Make sure historic and current functions are indicated using categories taken exactly from "How to Complete the National Register Registration Form"

Section 7: Description: o Architectural classification and Materials entries must come exactly from Bulletin 16 Districts .. Do the individual resource descriptions give the address, estimated date of construction, contributing/non-contributing status? • If only selected resources are described: Is there agood distribution geographically, architecturally, stylistically, and in terms of age and contributing/non-contributing status?

Section 8: Statement of Significance: • Make sure at least one Criterion is marked. • Make sure the appropriate Criterion is checked for the listed areas of significance • Follow guidance in Bulletin 16 covering the completion of the rest of the entries • Do the period of significance, criteria, and areas of significance match those marked on the cover sheets? • Is there an introductory paragraph with a summary of the criteria, areas of significance, and period of significance?

Page 10619 of23of 143 Section 9: Bibliography: • Make sure there is a bibliography • Make sure that any sources footnoted are included in the bibliography • Make sure bibliographic entries follow an accepted format (like Chicago Manual of Style)

Previous Documentation: Is it necessary? Is it marked?

Primary Location of Data: Is something marked?

Section 10: Acreage of Property: Must be filled in :·. !

UTM References: This will be done in most cases by DHPA staff

Verbal Boundary Description: ....._·-; ·· Make· SUre tMe··boUhcfary.lOJIOws cardinal pOints· (north, south, east, west) instead of left and right. • Is the boundary one continuous line without breaks? • Does the boundary start from one permanent location that will not change? • Is the boundary as tight as it could be? • The boundary should not run down the center of streets/alleys. Pick one side or the other

Verbal Boundary Justification: • Does the boundary make sense? . a Does the explanation for the boundary make sense?

Additional Documentation Section

Photography General Notes: • Make sure there are photo descriptions in the text that include the 7 standard identification points (name of district with building address, county and state of district, name of photographer, date of photograph, location of negatives, photo number, description of view including direction of camera) ., Are the images clear? • Are there a combination of individual buildings and streetscapes? • Are there contributing and non-contributing resources represented? • Are there photos from all areas of the district, not just focused in one area?

For Film Prints: • Make sure that the photos have white borders • Make sure labels are not labeled with ball point pen (pencil or photo pens are acceptable) • Make sure stickers, labels, adhesives, and corrective type (White-Out) are not used

For Digital Photography: • Make sure they are .tifs, measure 1200x1600, and are in COLOR • Make sure they are labeled properly (IN_MarionCo_UnionStation1.tif, etc)

Page 10720 ofof23 143 • Make sure there is a photo log on the CD • Make sure there are two copies of the CD

USGS Map: • Map must be a 7.5 minute topographical map • Map must be full size (approximately 22x27) and color • Map must be in good condition without tears or tape/adhesives/labels • Make sure the map is not computer generated • Make sure that the district is marked in pencil. Ink of any kind is not acceptable

Site Map: • Map should only be in black and white. No color. • Map must include: building footprints, addresses, street names, north arrow, a key, district name and location, c.lear boundary line, contributing/non-contributing status, and photo numbers with location and direction ., Does resource count on site map match the resource count in Section 5 of the cover sheet and any references to resource count in text? e Does contributing/non-contributing status on map match to status in text?

Property Owner List ~ Does the district have less than 50 property owners? If so, include alist of owners' addresses?

Page 10821 ofof 143 23 Guidelines for Doing Substantive Review for Sections 7 and 8 of the National Register Application

Section 7

Section 7 is the physical/architectural description of the property. It should discuss primarily the appearance and condition of the property as it exists at the time of nomination but also discuss · significant changes to the property that have occurred over time.

Section 7 should begin with a summary paragraph that briefly summarizes what the property is, what its physical setting is, its style (if applicable), the architect (if applicable), and its general condition. It should not include any discussion of how the property meets National Register Criteria (that's Section 8 material).

DHPA has posted guidelines for writing an architectural description on its website (www.in.gov/dnr/historic/3669.htm) which need not be followed exactly but provides a good general formula for preparing the description. It is important that the description be easy for the reader to follow, even without viewing photographs, and not jump around from one part of the property to another.

The physical description should be comprehensive and thorough but need not include adetailed description of every aspect of the property. For example, a house being nominated as a good example of a particular style should have a description that includes the stylistic features seen in the house but not necessarily detailed description of secondary spaces such as bedrooms, bathrooms, basements, attics.

If the property is a historic district, it is not necessary to describe every building but representative buildings (both contributing and non-contributing) from every section of the district and environmental character such as streets, gardens, other landscape features be included.

It is important that the description be composed of well-developed full sentences using good grammar. Sentence fragments are not acceptable.

Section 8

Section 8 is the statement that makes the case for how the property meets one or more National Register Criteria. If the property is being nominated for significance under more than one criterion, a statement for how it is significant under each criterion must be included. Make sure that each area of significance that is listed on the cover sheet is discussed in the statement.

Section 8 should begin with a summary paragraph that briefly identifies the property, indicates which National Register Criteria it is significant under, and what the level (local, state, national) of significance is. If the property was designed by an architect/engineer, that should be mentioned in the summary paragraph.

Page 10922 ofof23 143 Properties being nominated under Criterion A for association with a particular event (event can be a broad pattern such as 'education' or a specific event such as a riot) must present enough information about the event to establish the importance of the property, but need not be an exhaustive history of the event.

Properties being nominat$d under Criterion Bfor association with an important individual must address a couple of questions:

1. Has the individual associated with the property truly made a contribution to one of the areas of significance listed in Bulletin 16 (at least at the local level} or was he/she simply prominent? A wealthy professional might have built a handsome home and been locally prominent bur unless they did something significant in their professional life or made an important contribution to the civic life of their community, their prominence would not qualify as a Criterion B significance.

2. Is this the property the one most closely associated with that individual's contribution? If the property was their residence, did they live in the home during the period that they achieved significance? A childhood home or a retirement residence may only be appropriate if no other property remains. Also, their home may be less appropriate than the laboratory, office, theater, studio, or classroom where the contribution was made.

The statement need only present enough context to establish the significance of the property. In other words, if the property is being nominated as an outstanding example of a 20th century architectural style (Criterion C) that was important in its community, it is not necessary to present the history of the community from the settlement era to the 2Qtn century. It is more important that the statement discuss the 20'0 century development of the community, and otter some of the reasons why the particular architectural style was predominant and how the property being nominated is an excellent representative of that style.

The statement need not include footnotes or endnotes but if it does, these should follow a recognized standard of style such as that presented in the Chicago Manual of Style.

Page 11023 of23of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: ------Karst Farm Greenway, Phase 2a; Consultant- LPA Agreement

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: This contract is for the design and Right-of-Way services of the Karst Farm Trail, Phase 2a (from Vernal Pike to Woodyard Road).

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA: __ M_a.._y~6,:....2_0_1_1______

CONTACT PERSON: Bill Williams PHONENUMBER: _(~8_12~)~3_49~-~25~7~7______

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person) _s.:....:a=m:..:.ce=------­

OFFICE/DEPARTMENT: -=...:.Hi""gc:.:hw=ay--=En;.:.,g""i;.:.ne::...:e;.:.ri:.o.:n""g------­

HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes -----X No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ---'-"N/c:..A=------­

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State $0 Local Match $112,200 Tot~l \ ~ $112,200

SIGNED: -+&-=-·--+--"""'i!::J-~___::_--.=====::;...___ DATE: May 2, 2011

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 111 of 143 Version 8-19-09

LPA-CONSULTING CONTRACT

This Contract ("this Contract") is made and entered into effective as of , 2011 ("Effective Date") by and between the Monroe County Board of Commissioners, acting by and through its proper officials ("LOCAL PUBLIC AGENCY" or "LPA"), and IXOYE Trail & Green ways Engineering, Inc. ("the CONSULTANT"), a corporation organized under the laws of the State of Indiana.

Des. No.: 0902263

Project Description: Karst Farm Greenway, Phase Ila Project

RECITALS

WHEREAS, the LP A has entered into an agreement to utilize federal monies with the Indiana Department of Transportation ("INDOT") for a transportation or transportation enhancement project ("the Project"), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and

WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix "A" attached hereto ("Services");

WHEREAS, the CONSULT ANT has extensive experience, knowledge and expertise relating to these Services; and

WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith.

NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows:

The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract.

SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix "A" which is herein attached to and made an integral part of this Contract.

SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LP A are set out in Appendix "B" which is herein attached to and made an integral part of this Contract.

SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be December 2013. A schedule for completion of the Services and deliverables is set forth in Appendix "C" which is herein attached to and made an integral part of this Contract.

SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $112,200.00.

SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LP A, and shall deliver the work to the LP A in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract.

Page 112 of 143 Version 8-19-09

SECTION VI GENERAL PROVISIONS

1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the Federal Highway Administration ("FHWA") or its authorized representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHW A. The CONSULT ANT agrees that, upon request by any agency participating in federally-assisted programs with whom the CONSULT ANT has contracted or seeks to contract, the CONSULT ANT may release or make available to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the CONSULTANT and its SUB­ CONSULT ANTS in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments.

2. Assignment; Successors.

A. The CONSULT ANT binds its successors and assignees to all the terms and conditions of this Contract. The CONSULT ANT shall not· assign or subcontract the whole or any part of this Contract without the LPA's prior written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the CONSULT ANT may desire without the prior written consent of the LPA, provided that the CONSULT ANT gives written notice (including evidence of such assignment) to the LP A thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party.

B. Any substitution of SUB-CONSULT ANTS must first be approved and receive written authorization from the LP A. Any substitution or termination of a Disadvantaged Business Enterprise ("DBE") SUB-CONSULTANT must first be approved and receive written authorization from the LP A and INDOT's Economic Opportunity Division Director.

3. Audit. The CONSULT ANT acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract.

4. Authoritv to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULT ANT when his/her signature is affixed hereto.

5. Certification for Federal-Aid Contracts Lobbying Activities.

A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULT ANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that:

i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contracts, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2

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ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ·of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

B. The CONSULT ANT also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub­ recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct.

7. Compliance with Laws.

A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the CONSULT ANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract shall be reviewed by the LP A and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract.

B. The CONSULT ANT represents to the LPA that, to the best of the CONSULTANT'S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LP A prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT:

i. State ofIndiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or enforcement actions initiated by the State oflndiana pending and agrees that it will immediately notify the LP A of any such actions. During the term of such actions, CONSULTANT agrees that the LPA may delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract.

ii. Professional Licensing Standards. The CONSULTANT, its employees and SUBCONSULT ANTS have complied with and shall continue to comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the CONSULT ANT pursuant to this Contract.

m. Work Specific Standards. The CONSULTANT and its SUBCONSULTANTS, if any, have obtained, will obtain and/or will maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the LP A.

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IV. Secreta1y ofState Registration. If the CONSULTANT is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State.

v. Debannent and Suspension ofCONSULTANT. Neither the CONSULTANT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any depmiment, agency or political subdivision of the State and will immediately notify the LPA of any such actions. The term "principal" for purposes of this Contract means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the CONSULT ANT or who has managerial or supervisory responsibilities for the Services.

v1. Debannent and Suspension ofany SUBCONSULTANTS. The CONSULTANT's SUBCONSUL T ANTS are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State. The CONSULTANT shall be solely responsible for any recoupment, penalties or costs that might arise from the use of a suspended or debarred SUBCONSUL T ANT. The CONSULT ANT shall immediately notify the LPA and INDOT if any SUB CONSULT ANT becomes debarred or suspended, and shall, at the LP A's request, take all steps required by the LPA to terminate its contractual relationship with the SUBCONSULT ANT for work to be performed under this Contract.

C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following:

1. terminate this Contract; or ii. delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract.

D. Disputes. If a dispute exists as to the CONSULTANT's liability or guilt in any action initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA under this Section 7 .D shall be final and binding on the parties and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest under IC 5-17-5.

8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA's reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal, state, local laws, ordinances, rules, and regulations. The LP A wiii not pay for work not performed to the LPA's reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law (collectively, "deficiencies") until all deficiencies are remedied in a timely manner.

9. Confidentiality of LP A Information.

A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULT ANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the LPA's prior written consent.

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B. The parties acknowledge that the Services to be performed by the CONSULT ANT for the LPA . under this Contract may require or allow access to data, materials, and information containing Social Security numbers and maintained by the LP A in its computer system or other records. In addition to the . covenant made above in this section and pursuant to 10 lAC 5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract.

10. Delays and Extensions. The CONSULT ANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULT ANT's approval, it being understood, however, that permitting the CONSULT ANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LP A of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LP A at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULT ANT must notify the LP A in writing of a material change in the work immediately after the CONSULT ANT first recognizes the material change.

11. Non-Discrimination and DBE Requirements.

A. Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as the LP A deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB­ CONSULT ANT:

The CONSULTANT or SUB-CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the LPA, as the sub-recipient and INDOT, as the recipient, deem appropriate.

B. During the performance of this Contract, the CONSULT ANT agrees as follows:

1. The CONSULTANT shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to in this part as the Regulations), which are herein incorporated by reference and made a part of this Contract.

11. In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this Contract, the LP A shall impose such sanctions as it, INDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONSULTANT under this Contract until the CONSULTANT complies, and/or (b) cancellation, termination or suspension of this Contract, in whole or in part.

C. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be included as part of this Contract with the approved DBE SUB-CONSULTANTS identified on its Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any

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Page 116 of 143 Version 8-1 9-09 changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and INDOT's Economic; Opportunity Division Director. After this Contract is completed and if a DBE SUB-CONSULT ANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit ("DBE-3 Form") to INDOT's Economic Opportunity Division Director. The DBE-3 Form requires certification by the CONSULT ANT AND DBE SUB-CONSULTANT that the committed contract amounts have been paid and received.

12. Disputes

A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 12. Time is of the essence in the resolution of disputes.

B. The CONSULT ANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULT ANT fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs (including reasonable attorneys' fees and expenses) incurred by the LP A or the CONSULT ANT as a result of such failure to proceed shall be borne by the CONSULT ANT.

C. Ifa party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten (10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LP A may withhold payments on disputed items pending resolution of the dispute.

13. Drug-Free Workplace Certification.

A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA.

B. The CONSULTANT certifies and agrees that it will provide a drug-free workplace by:

1. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

11. Establishing a drug-free awareness program to inform its employees of(l) the dangers of drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;

iii. Notifying all employees in the statement required by subparagraph 13.B.i above that as a condition of continued employment, the employee will (I) abide by the terms of the statement; and (2) notify the CONSULT ANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

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IV. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 13.B.iii(2) above, or otherwise receiving actual notice of such conviction;

v. Within thirty (30) days after receiving notice under subdivision 13.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and

v1. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 13.B.i through 13.B.v above.

14. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract.

15. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULT ANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana.

16. Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any federal requirement which results in the LPA's repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LP A, for repayment of such costs to the extent such costs are caused by the CONSULT ANT and/or its SUB-CONSULT ANTS.

17. Indemnification. The CONSULTANT agrees to indemnify the LP A, its officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this Contract. The LPA shall not provide such indemnification to the CONSULTANT.

18. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULT ANT shall be responsible for providing all necessary unemployment and workers' compensation insurance for its employees.

19. Insurance- Liability for Damages.

A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or

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Page 118 of 143 Version 8-19-09 omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission. or for clarification of ambiguities. The CONSULT ANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LP A on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULT ANT from any liability from the CONSULTANT'S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LP A, or to notify the LP A of any errors or deficiencies which the CONSULT ANT knew or should have known existed.

B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULT ANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project.

C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LP A as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA's losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent COtTection.

D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA's acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department oflnsurance as either admitted or non-admitted insurers.

E. The LP A, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub-consultants or any agent of any of them, and the obligations of indemnification in Section 17 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law.

F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self-insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LP A to immediately terminate this Contract.

I. Professional Liability Insurance

The CONSULTANT must obtain and carry professional liability insurance as follows: For the LPA Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 -10.4, 11.1, 13.1, 14.1- 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction.

II. Commercial General Liability Insurance

The CONSULTANT must obtain and carry Commercial I General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1- 10.4, 11.1, 13.1, 14.1- 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage

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Page 119 of 143 Version 8-19-09 shall be on an occurrence form, and include contractual liability. The policy shall be amended to include the following extens~ons ofcoverage:

1. Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed.

2. The policy shall provide thirty (30) days notice of cancellation to LP A.

3. The CONSULT ANT shall name the LPA as an additional insured. III. Automobile Liability

The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned autos used by employees or others on behalf of the CONSULT ANT for the conduct of the CONSULT ANT's business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term "automobile" shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage:

1. Contractual Liability coverage shall be included.

2. The policy shall provide thirty (30) days notice of cancellation to the LP A.

3. The CONSULT ANT shall name the LP A as an additional insured.

IV. Watercraft Liability (When Applicable)

1. When necessary to use watercraft for the performance of the CONSULTANT's Services under the terms of this Contract, either by the CONSULTANT, or any SUB­ CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non-owned, and hired watercraft.

2. If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided:

a. United States Longshoremen & Harbor workers

b. Maritime Coverage- Jones Act

3. The policy shall provide thirty (30) days notice of cancellation to the LP A.

4. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured.

V. Aircraft Liability (When Applicable)

1. When necessary to use aircraft for the performance of the CONSULT ANT's Services under the terms of this Contract, either by the CONSULTANT or SUB-CONSULT ANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft.

2. The policy shall provide thirty (30) days notice of cancellation to the LP A.

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3. The CONSULT ANT or SUB-CONSULTANT shall name the LP A as an additional insured.

20. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties.

21. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice") under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized ovemight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows:

Notices to the LPA shall be sent to:

Monroe County Board of Commissioners c/o Monroe County Highway Department Courthouse, Room 323 Bloomington, Indiana 47404

Notices to the CONSULTANT shall be sent to:

IXOYE Trail & Greenways Engineering, Inc. 349 Southway Court Bargersville, Indiana 46106 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective.

22. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference.

23. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered ''work for hire" and the CONSULTANT assigns and transfers any ownership claim to the LP A and all such materials ("Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LP A. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA's prior written consent, is prohibited. During the performance of this Contract, the CONSULT ANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT's expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the

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Page 121 of 143 Version 8-l 9-09 intellectual property or other rights of any third party. The CONSULT ANT shall not be liable for the use of)ts deliverables· described in Appendix "A" on other projects without the express Written COn!lent of the CONSULTANT or as provided in Appendix "A". The LP A acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. ·

24. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies and procedures.

25. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1.

26. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULT ANT:

1. Stipulates that any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended;

11. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and

111. Stipulates that, as a condition offederal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA Listing of Violating Facilities.

27. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract.

28. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LP A currently advised as to the status of such claims. The CONSULT ANT shall send notice of claims related to work under this Contract to:

29. Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and wmnnts to the LPA, that the CONSULT ANT will obtain signed Sub-consultant Acknowledgement forms, from all SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB­ CONSULTANT.

30. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof.

31. Taxes. The LPA will not be responsible for any taxes levied on the CONSULT ANT as a result of this Contract.

32. Termination for Convenience.

A. The LP A may terminate, in whole or in part, whenever, for any reason, when the LP A determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the

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effective date of termination. The LPA will not be liable for Services performed after the effective date of ·termination.

B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (1 0) days to the LP A. In the event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attomeys' fees and expenses) it may sustain by reason thereof.

33. Termination for Default.

A. With the provision of twenty (20) days written notice to the CONSULT ANT, the LPA may terminate this Contract in whole or in pa1i if (i) the CONSULTANT fails to:

1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULT ANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or

(ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made.

B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LP A considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated.

C. The LP A shall pay the contract price for completed supplies delivered and Services accepted. The CONSULT ANT and the LP A shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 14). The LPA may withhold from the agreed upon price for Services any sum the LP A determine necessary to protect the LP A against loss because of outstanding liens or claims of former lien holders.

D. The rights and remedies of the LP A in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.

E. Default by the LPA. If the CONSULT ANT believes the LP A is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULT ANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LP A shall have up to one hundred twenty (120) days from such notice to effect such cure if the LP A promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULT ANT agrees that it has no right of termination for non-material breaches by the LP A.

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34. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver or excuse -is approved in writing and signed by the party claimed to have waived such right. Neither the LPA's review, approval or acceptance of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any· cause of action arising out of the performance of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all damages to the LP A caused by the CONSULTANT's negligent performance of any of the Services furnished under this Contract.

35. Work Standards/Conflicts oflnterest.

The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence required in Appendix "A" or, if not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature.

36. No Third-Party Beneficiaries.

This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever.

[Remainder of Page Intentionally Left Blank]

13

Page 124 of 143 Version 8-19-09

Non-Collusion.

The undersigned attests, subject to the penalties for perjury, that he/she.is the CONSULTANT, or that he/she is the properly authorized representative, agent, member or officer of the CONSULTANT, that he/she has not, nor has any other member, employee, representative, agent or officer of the CONSULT ANT, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract.

In Witness Whereof, the CONSULT ANT and the State of Indiana have, through duly authorized representatives. entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof.

CONSULTANT LOCAL PUBLIC AGENCY

Signature

Roy N. Carlsgaard, President (P1int or type name and title) (Print or type name and title)

Signature

A" (Print or type name and title) ~~Signature · Patricia A. Car sgaard, Signature Vice-President (Print or type name and title) (Print or type name and title)

Signature

(Print or type name and title)

Attest:

Signature

(Print or type name and title)

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Page 125 of 143 Version 8-19-09

APPENDIX "A" .

SERVICES TO BE FURNISHED BY CONSULTANT:

In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration.

The CONSULTANT shall be responsible for perfonning the following activities:

a. Topographic Field Survey b. Preliminary Design Plans & Documents c. Utility Coordination d. Rule 5 Pennitting e. Preliminary Field Check Meeting f. Right-of-Way Engineering & Route Plat g. Final Plans & Construction Documents h. INDOT Coordination and Submittals

Project Description

The project provides for the engineering design of the Karst Farm Greenway, Phase Ila Project from Vernal Pike Road to the Indiana Railroad, south of Woodyard Road. The project is to provide bicycle and pedestrian routes generally parallel to and along the west side of Loesch Road. The Environmental Documentation is already complete, having been included with the first phase of the project.

The proposed route consists of ten (10') or twelve (12') foot wide asphalt pathway with two foot (2') graded shoulders. Cross roads will be delineated appropriately to provide safe, designated crossings. Culverts, culvert extentions and the related drainage analyses are to be included, however pedestrian bridges are not anticipated as a part of the work.

Project Site Description

The project site is located along the section line between Sections 25 and 26 in Township 9 North, Range 2 West within Richland Township, Monroe County, Indiana. The proposed project site is to be located within the limits of existing County road right-of-way or new right-of-way yet to be acquired. Approximately six parcels (six different owners) of additional right-of-way are anticipated.

Scope Of Work

The CONSULTANT will provide the services of a team of qualified surveyors, engineers, CADD technicians and administrative staff as necessary to complete the various tasks and items outlined within this scope of work. The CONSULTANT has designated a certain portion of the work to be

15

Page 126 of 143 Version 8-19-09 completed by subconsultant. The items of work and products required to complete this work are described as follows in the general order .in which they Will be performed. The work consists of the design of a federally funded project.

TASK 1: PRELIMINARY SUBMITTALS

Item 1: Topographic Field Survey

Topographic ground survey will be obtained to provide the horizontal and vertical survey data and control necessary for engineering design and construction document preparation. The topographic survey of the total project length will be accomplished, however will only be completed along the specified proposed alignment, which is to be reviewed in the field by the LOCAL PUBLIC AGENCY and the CONSULT ANT prior to survey. A narrow corridor along this alignment will be surveyed, approximately 20-25 feet on either side of the centerline or 50' from centerline of Loesch Road. Trees approximately 6" in diameter and above will be located, but type not detennined. Utilities will be coordinated with and marked facilities picked up, however no guarantee can be made of the completeness or accuracy of the markings. Last deed of records or subdivision plats will be obtained to delineate existing property boundaries on parcels through which the improvements are to pass and/or to delineate existing right-of-ways. The CONSULT ANT will obtain the necessary topographic survey and survey control correlation to provide the level of accuracy required to develop the detailed design plans for the project.

The product ofItem 1 will be a Topographic Survey.

Item 2: Stage 1 Plans

IXOYE will provide the necessary engineering design and resources to complete preliminary design plans (approximately 25% complete) for the project. This will include preliminary trail plans and profiles, typical sections, preliminary cross-sections and preliminary culverts or culvert extensions, as needed. This will also include all the required documentation for submittal through the INDOT submittal process, as they relate to the IXOYE scope of services, including Level One Design Criteria Checklists and design calculations, as well as assistance with the Scope/Environmental Compliance, Quality Assurance and related forms.

The product ofItem 2 will be Stage 1 Plans and documentation.

Item 3: Preliminary Field Check Plans

IXOYE will provide the necessary engineering design and resources to complete preliminary design plans (approximately 40% complete) for the project. This will include revised preliminary trail plans and profiles, revised preliminary cross-sections, preliminary details, preliminary drainage and structure data, preliminary signage layouts and pavement markings and initial utility coordination.

IXOYE will participate in a Preliminary Field Check Meeting through INDOT and prepare related notes of the meeting.

The product ofItem 3 will be PFC Plans and Field Check notes.

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TASK2: INTERMEDIATE STAGE

Item 1: Stage 2 Plans

IXOYE will provide the necessary engineering design and resources to complete preliminary design plans (approximately 55% complete) for the project. This will include revised preliminary trail plans and profiles, revised culverts, revised preliminary cross-sections, revised drainage and structure data, preliminary signage layouts and pavement markings and initial utility coordination. This will also include all the required documentation for submittal through the INDOT submittal process, as they relate to the IXOYE scope of services, including design calculations, Level One Design Criteria Checklists and preliminary drainage calculations as well as assistance with the Scope/Environmental Compliance, Quality Assurance and related fonns.

The product ofItem I will be Stage 2 Plans.

TASK3: RIGHT-OF-WAY ENGINEERING SERVICES

Item 1: Right-Of-Way Engineering & Location Control Route Survey

IXOYE will provide the necessary resources to complete a Location Control Route Survey (LCRS) and provide the right-of-way engineering work for each parcel where right-of-way is to be obtained. The LRCS will be performed in accordance with Rule 12, Title 865 and the right-of­ way engineering in accordance with INDOT requirements for LPA projects and the INDOT RIW Engineering Manual.

The product ofItem I will be a Location Control Route Survey, legal descriptions and parcel plats for Right-Of-Way Engineering

Item 2: Title Search & Appraisal Problem Analysis

IXOYE will provide the necessary resources to complete the preliminary right-of-way documentation work in accordance with Chapter 9 of the INDOT LPA Process Guidance Document Right-of-Way Acquisition Procedure Manual for Local Public Agencies. IXOYE will provide title searches and Appraisal Problem & Fee Estimate Sheets for each parcel where right­ of-way is to be obtained. These sheets will provide initial analysis of the properties in question and determine the type of appraisal that is required. This work will provide the basis for the establishment of the fees for the remainder of the acquisition work.

The product ofItem 2 will be Title Searches, Appraisal Problem & Fee Estimate Sheets

TASK4: FINAL CHECK SUBMITTALS

Item 1: Stage 3 Plans

IXOYE will provide the necessary engineering design and resources to complete the Stage 3 plans (95% complete) for the project. This stage will include the finalization of remaining design elements, earth work computations, final utility coordination, final maintenance of traffic, final sign plans, distance markers, as well as final tabular sheets, as they relate to the IXOYE scope of services. IXOYE will complete the engineering design including plans, quantity calculations,

17

Page 128 of 143 Version 8-19-09 preliminary cost estimate, preliminary special provisions, as well as other documentation required for the .complete submittal to INDOT, as they relate to the IXOYE scope of services.

The product of Item 1 will be Stage 3 Plans, Preliminary Special Provisions, Quantity Calculations & Cost Estimate.

Item 2: Permits

IXOYE will provide services for the following pennit requirements:

• Indiana Department of Natural Resources (IDNR) Construction in a Floodway Pennit • Rule 5 Pennit

The CONSULTANT will coordinate and process the above pennits as required to obtain the necessary approvals from the related agencies. Hydraulic modeling is not included within this scope of services, however will be added as an additional service, if required.

The product ofItem 2 will be completed permit applications.

TASK 5: FINAL TRACINGS AND CONTRACT DOCUMENTS

Item 1: Design Documentation Report

A Design Documentation Report is required for projects that are to be funded with federal dollars for construction. The Design Documentation Report will be submitted in accordance with Section 7-9.0 of the INDOT LPA Process Guidance Document, describing the project specifics in written and tabular form.

The product ofItem 1 will be a Design Documentation Report for Design Approval.

Item 2: Final Tracings Package

IXOYE will provide the necessary engineering design and resources to complete the final plans for the proposed bicycle/pedestrian trail. This stage will include the finalization of the above scope elements as approved by the County. The work will include quantity calculations, construction cost estimate, final permits, special provisions and related Contract Documents. IXOYE will revise and complete the plans and submit the documents, as they relate to the IXOYE scope of services, through the required INDOT processes and procedures, ready for bidding and construction as a single project.

The .final product of Item 2 will be bond originals of the Final Plans, the Construction Cost Estimate, Special Provisions as well as an electronic copy ofall required documentation in the required format.

[Remainder of Page Intentionally Left Blank]

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Page 129 of 143 Version 8-1 9-09

APPENDIX "B"

. . INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA:

The LPA shall furnish the CONSULTANT with the following:

(TO BE DETERMINED-MAY INCLUDE THE FOLLOWING)

1. Notes from any meetings or conversations with individuals or organizations in which development commitments have been made or described.

2. Designation of a LOCAL PUBLIC AGENCY p1;mary point of contact for the CONSULTANT for all work and intennediate approvals related to this project.

3. Guarantee access to enter upon public and private lands as required for the CONSULTANT to perform work under this Agreement.

4. The LOCAL PUBLIC AGENCY will be responsible for scheduling and reserving the meeting place and placement of required advertisements or public notices for any Public Hearings to be held.

[Remainder of Page Intentionally Left Blank]

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Page 130 of 143

' - ~ ' -- - .... - ,_ --. - . -, ·- ·-~· - ' " - " - - -­ ------~~ ------~ Version 8-1 9-09

APPENDIX "C"

SCHEDULE:

No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the LPA.

All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for review and approval within the approximate time periods shown in the following submission schedule:

A. Topographic Field Survey- Within 90 days of completion of Notice-to-Proceed

B. Preliminary Field Check Plans- Within 90 days of completion ofTopographic Survey

C. Preliminary Field Check Meeting - Within 30 days of approval of Preliminary Field Check Plans

D. Final Check Prints- Within 90 days of Preliminary Field Check Meeting

E. Final Tracings - Due, with complete submittal, within 30 days of Approval of Check Prints

[Remainder of Page Intentionally Left Blank]

20

Page 131 of 143

.~...... :;.:~· . -­ ~ i:T ··tr. i:tU T ..... T ··-&· TTT' l Tt ---~ .-...------" ~--- ·-zr r- tt··: ':W'trft','tlt ftl!ft tttr'?Trtt . ., ... r Version 8-19-09

·'"··~io~c -·'-·"-~L""-'""'" ... ---- , .. _. __ o;,.._,,:.c-,.,,;_, L:fco,•.oi:e=--- oL..c.c __ ..- · .. APPENDJX- 1-'D'-1-.. · . (See Attachment "D" to the INDOT/LPA Coordinating Contract and need to include any Travel reimbursement provisions).

Compensation

A. Amount of Payment

1. The CONSULTANT shall receive as payment for the work perfonned under this Agreement for the total fee not to exceed $112,200.00, unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation.

2. The CONSULTANT will be paid for the work performed under this Agreement on a lump sum basis in accordance with the following schedule:

Base Services a. Topographic Survey $15,300.00 b. Trail Engineering & Design Plans $55,000.00 c. Rule 5 & IDNR Permit Applications $8,300.00 d. Route Survey $15,700.00 e. Right-of-Engineering (Parcel Packets, 6 parcels) $12,400.00 f. Title & Encumbrance Report ($300/parcel, 6 parcels) $1,800.00 g. Appraisal Problem & Fee Estimate Sheet ($250/parcel) $1,500.00 h. Pre-Construction Conference Attendance (1 person) $600.00

1. Reimbursables (mileage, copies, etc.) $1,600.00

3. The CONSULTANT shall not be paid for any service performed by the LOCAL PUBLIC AGENCY or for any services not required to develop this project. In accordance with Section V of this Agreement; if notice to proceed with any portion of the work is not given prior to two years from the date of this Agreement, the fees for that portion of the work may be renegotiated as mutually agreed upon by the LOCAL PUBLIC AGENCY and the CONSULTANT.

B. Method of Payment

1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be submitted to the LOCAL PUBLIC AGENCY. The invoice voucher shall represent the value, to the LOCAL PUBLIC AGENCY, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed, and prior payments in a fonn acceptable to the LOCAL PUBLIC AGENCY.

21

Page 132 of 143 Version 8-19-09

2. The LOCAL PuBLIC AGENCY, for1an in consideration of the rendering of the engineering services provided for in Appendix "A", agrees to pay the CONSULTANT for ·rendering such services the fee established above upon completion of the work thereunder, acceptance thereof by the LOCAL PUBLIC AGENCY, and upon the CONSULT ANT submitting an invoice and claim voucher as described.

3. In the event of a substantial change in the scope, character, or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with Item 6, Changes in Work of the General Provisions as set out in this Agreement.

[Remainder of Page Intentionally Left Blank]

22

Page 133 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Hunter's Creek Road Bridge #921; Modified INDOT LPA Contract

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: Modified Contract

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA: ____:_:.;M'""'ay"--"-'6,c..:2:..:.0-'-11.:...-______

CONTACT PERSON: Bill Williams PHONENUMBER: ~(8-'-12=)~3~49~-=25~7-'-7______

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person) _s=.ca=-m:..:..:e=------­

OFFICE/DEPARTMENT: _.:..::H.:..;;ig~.:..:h~w~aLy=E.:.:.ng;;z:i.:.:.n.::..:ee::.:.r.:.:.in:..>~gc______

HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes ---X No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ----=..:N/:..:...A=------­

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State $437,501.00 Local Match $ Total ~ . $

SIGNED: --~-M~--<-----f....<~=----=---c.-=---=·=-=----- DATE: 05/02/2011

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 134 of 143 INDIANA DEPARTMENT OF TRANSPORTATION- LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT

SUPPLEMENT NUMBER 1 EDS No.: Al49.-8,;32o416 Des. No.: · 0500009

This Supplemental Ct)l}tract; made and entered into this day of 20_·_.,by and between the ltidiana Department of Transportation, (hereinafter referred·to--~------~ as "INDOT''), and Monroe Countv, (hereinafter referred to as ''.LPA'').

WITNESSETH

WHEREAS, INDOT and the LPA did, on February 22. 2911; enterinto a Contract, providing for Services required iiJ. connection with INDOTDesignation Number 0500009 for the construction of a new bridge oyer TaylorBranch ofHunters CreekonHuntersCrf;ekRoad, and

WHEREAS, it has been detetmined by INDOT that a supplement of the previously executed INDOTILPA Contractfor Services is necessary dueto a change in the amount of Federal aid allocated to the Project, and · ·

NOW,. THEREFORE, in consideration of the mutual covenants and promises herein contained, the LP A and INDOT agree as follows:

The "Recitals'' above are hereby made an integral part of and specifically incorporated into this Contract ~upplenten~ Number l.

1. Section I.B.(4) ofAttachment D of the original contract is amended to read as follows:.

(4) If the Program sho:wn on Attachment Ais Safety, Safe Routes to Schools, Forest Highway, National Historic Covered Bridge, Transportation Community System Preservation, or Demonstration; federal funds,. made available.·to the LP A by INDOT, will be used to pay 100 %ofthe eligible Project costs~ The maximum amount offederal _x_ funds allocated to the Project is $ 437,501.00,

2. All other matters previolisly agreed to and set forth iri the original Contract dated February 22, 2011, and not affected by this Supplement shall remain in full force and effect · · ·

Page 1 of2

Page 135 of 143 Non-Collusion The undersigned attests, subject to the penalties for petjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof.

MONROE COUNTY STATE OF INDIANA Department of Transportation Patrick Stoffers, President Recommended for approval by: Print or type name and title

Robert D. Cales, Director Signature and date Contract Administration Division

Iris F. Kiesling, Vice President Date: Print or type name and title ------Executed by:

1------­Signature and date --.~:-::---::-:-:------=--~----(FOR) Michael B. Cline, Commissioner Mark Stoops, Member Print or type name and title Date:

Department of Administration ~~------~------Signature and date -

Robert D. Wynkoop, Commissioner

Date:------­ Attest State Budget Agency

Auditor or Clerk Treasurer Adam M. Horst, Director

Date: ------Approved as to Form and Legality: This instrument prepared by: Brenda E. Fox ______(FO~ May2. 2011 Gregory F. Zoeller, Attorney General ofIndiana

Date: ------

Page 2 of 2

Page 136 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Contract for services With Doug Chapel

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: Mr. Chapel is ending his internship with the County. This contract is To provide a review and alternatives for the County Building's mechanical systems.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA:

CONTACTPERSON: ~L=~~r~~~~~t~{______PHONE NUMBER: ~2~r--~~r~------

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT: ------­ HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes ---- No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ------­

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? LocaiMat~ch Total? SIGNEDo # ___D_A_T_E_:______

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 137 of 143 TEMPORARY CONTRACT SERVICES AGREEMENT FOR COMMISSIONERS

Agreement("Agreement") made this __day of May 2011 between Doug Chapel ("Contractor" ), and the Board of Commissioners of Monroe County ("Board"). The Contractor and Board mutually agree as follows:

1. Project: The undersigned Contractor agrees to provide temporary contract services to the Commissioners of Momoe County, Indiana ("County"), as assigned by the County Administrator and/or County Legal department, and relating to the official functions and duties of the County Commissioners.

2. Term: The term of this Agreement shall be determined by the Human Resources Director on a day-to-day basis, and shall not exceed a total of $4,000. The Contractor or the County Administrator may terminate this agreement at any time for any reason. Upon termination, the parties will follow the payment procedures set forth below in . paragraph three.

3. Cost and Payment: Contractor shall perform the services assigned by the Human Resources Director for the rate of TIIIRTEEN DOLLARS ($13.00) per hour. Upon approval of this contract, any previous contract under different pay conditions is void. Contractor acknowledges and agrees that the number of hours s/he may work shall be negotiated between the County Administrator and the Contractor, but shall not exceed a total of $4,000 under this Agreement. Contractor shall submit an invoice therefore to the County Administrator, who will thereafter submit a claim for approval by the Board, in accordance with the statutory claim procedures and requirements.

4. Indemnity: Contractor assumes all risks and responsibilities for accidents, injuries or damages to person or property related to performance of the Project, and agrees to indemnify and save harmless the Board from all claims, costs or suits of whatever nature, including attorneys' fees, related to the performance of the Project, excepts such claims, costs or suits arising out of the fault of the Board or its employees.

5. Independent Contractor: It is understood and agreed that Contractor executes this Agreement as an independent contractor, and shall not be considered an employee or agent of the Board for any purpose. Contractor shall pay all taxes, withholdings and contributions required by Social Security (FICA) laws, Indiana and federal income tax laws, and Indiana unemployment insurance laws. Contractor shall be responsible for the cost of any software licenses s/he uses in connection with the work performed under this Agreement.

6. Captions: The captions of this Agreement are for convenience only, and do not in any way limit or amplify its terms.

1 of 2 2 Page 138 of 143 7. Governing Law: This Agreement shall be governed in accordance with the laws of the State of Indiana.

8. Chain of Custody: All files will be signed out to the Contractor by the County Administrator, and signed back in by the County Administrator for security purposes.

IN WITNESS WHEREOF, Contractor and Board have executed this Agreement as dated below in two counterparts, each of which shall be deemed an original.

Board of Commissioners of Monroe County, Witness, "Board"

Patrick Stoffers, President

Date:______

"Contractor"

Date: ______

ATTEST:

Amy Gerstman, Auditor

Date: ______

Page 139 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Contract with HFI

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: This contract is for maintaining the heating and cooling systems at The showers building.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA:

CONTACTPERSON: ~~~eL~---c~~~k~~~c~;~(i__ PHONENUMBER: -'~·c~z~~------PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT:

Yes No HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? ---

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ______

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? Loucal Match dotal?

SIGNED: /.,IC'-~-h¥---"""""""'------DATE:

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 140 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Contract for Property Management of the North Showers Building

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: This contract is will provide property management services for the North Showers Building.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA:

CONTACT PERSON: f2c-( /c dl PHONE NUMBER: 2 12 f­ ~~=------PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT:

HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes ___ No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ______

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? Loc~~M~tc// TotaU SIGNED'~ DATE:

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 141 of 143 MONROE COUNTY BOARD OF COMMISSIONERS REQUESTED AGENDA INFORMATION FOR THE COMMISSIONER'S MEETINGS

TITLE OF ITEM THAT APPEARS ON THE COMMISSIONER'S AGENDA: Amended Memorandum Of understanding with John Byer Associates

• THE COMMISSIONERS WILL NOT ACCEPT THIS ITEM FOR THEIR BOARD OF COMMISSIONERS' MEETING IF THE EXECUTIVE SUMMARY IS NOT WRITTEN.

EXECUTIVE SUMMARY: This amended lengthens the time of agreement to August 1, 2011. It also contemplates architectural drawings for the Courthouse Structural project.

DATE ITEM WILL APPEAR ON THE COMMISSIONER'S AGENDA:

CONTACTPERSON: _t_·~_L_k_,_~_·_''-'------PHONENUMBER: ~2~f~l~~------

PRESENTER AT COMMISSIONER'S MEETING (if other than contact person

OFFICE/DEPARTMENT:

HAS THE MONROE COUNTY LEGAL DEPARTMENT REVIEWED ITEM? Yes No

INFORMATION PERTAINING TO A GRANT

1. CURRENT STATUS OF GRANT REQUESTED: (new or renewal ------­

2. AMOUNT OF GRANT MONIES THAT WILL BE AWARDED:

Federal or State? Local Match

SIGNED:~~~0 DATE:

(2 copies must be made: 1 given to Auditor's Office, 1 given to the Commissioner's Office)

Page 142 of 143 AMENDED MEMORANDUM OF UNDERSTANDING

On June 30, 2010 the Monroe County Board of Commissioners ("County") and John Byer Associates (the

"Architect") executed a Memorandum of Agreement (the "Agreement") for preliminary Architectural Consulting

Services related to the Courthouse Structural Repair Project ("Floor Repair Project"). John Byers Associates agreed to provide architectural consulting services for matters to Monroe County on an as needed basis. Such services are contemplated to encompass aspects of the Floor Repair Projects, including meetings with County staff and engineers and space needs. It is not contemplated that any detail architectural drawings or renderings will be required at this stage in the floor repair project.

The project has been broadened to include architectural drawings necessary for structural repairs.

The County and Architect wish to extend the agreement until August 1, 2011. The County shall pay

Architect an amount equal to $85 per hour for Marvin Wicker and $55 per hour for David Shumway. The total cost shall not exceed $35,000 without written approval from the County.

John Byer Associates Board ofCommissioners

By:______By:.______

Printed: ------Printed: Patrick Stoffers, Title: ------Title: President, Monroe County Board of Commissioners

Page 143 of 143