ŠĻą”±į>ž’ acž’’’`’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„ĮM šæ÷Nbjbjā=ā= &n€W€WŪJ’’’’’’lĄĄĄĄĄĄĄĢččč8 4\Ģś*tœœ¬¬¬‡‡‡y*{*{*{*{*{*{*$n, Ž.”Ÿ*Ą‡‡‡‡‡Ÿ*÷ĄĄ¬¬Ū“*÷÷÷‡Ą¬Ą¬A*8÷‡y*÷÷‡!VQ)@ĄĄ*¬ €ŗóFXtĘĢč—‘) *,Ź*0ś*)x"/§P"/*÷ŌdhĄĄĄĄŁFULTON COUNTY COMMISSIONERS May 1, 2006, 9:00 A.M., E.D.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Richard A. Powell called this Meeting to Order at 9:03 a.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell; Roger D. Rose; Leslie R. Walters; Denise Bonnell, Auditor; and Greg Heller, County Attorney. Health Department: Dr. Bugno presented to the Board three additional appropriation requests. The first is for WIC, who under new administration needs funding. Funding for the new sanitarian’s insurance costs is needed, as the former sanitarian did not have health insurance through the County. An employee of the health department attended a State called meeting and has been reimbursed for his expenses. Dr. Bugno asked for $9,650.00 for WIC; $15,364.00 for fringe health/dental; and $371.00 for training. Redevelopment Commission Resolution: The first step in having a proposed ethanol plant is to appoint a redevelopment commission to work toward economic development areas within the County. It requires five members. The first meeting will be conducted Wednesday. May 3, 2006. The members must be County residents who have no direct financial interest in a project. The five members would serve on the commission until January 1, 2008. Richard Powell read Resolution #050106 in its entirety. RESOLUTION #050106 OF THE BOARD OF COMMISSIONERS OF FULTON COUNTY, INDIANA A Resolution To Establish a Department of Redevelopment Pursuant to I.C. 36-7-14 and Repealing all Resolutions Inconsistent Therewith WHEREAS, the Indiana General Assembly has empowered cities, towns and counties to establish a department of redevelopment with all the powers set forth in I.C. 36-7-14 and I.C. 36-7-25 (collectively, "Act"); WHEREAS, the Act states that the clearance, planning, replanning, redevelopment or economic development of blighted areas and economic development areas are public uses and purposes for which public money may be spent and private property may be acquired; and WHEREAS, the Act declares that each unit shall, to the extent feasible under the Act and consistent with the needs of the unit, afford a maximum opportunity for rehabilitation, redevelopment or economic development of areas by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY, INDIANA, THAT: The Board of Commissioners of Fulton County, Indiana ("County"), now deems it to be in the best interest of the County and its citizens to afford a maximum opportunity for rehabilitation, redevelopment or economic development of areas by private enterprise and the County by establishing a department of redevelopment. The Board of Commissioners hereby establishes the Department of Redevelopment of the County. The Department will be controlled by a board of five members known as the Fulton County Redevelopment Commission. Pursuant to the Act, all of the territory within the corporate boundaries of the County that is not currently within the jurisdiction of a municipal redevelopment district will be a taxing district to be known as the Fulton County Redevelopment District for the purpose of levying and collecting special benefit taxes for development and economic development purposes as provided in the Act. The Board of Commissioners finds and determines that all of the taxable property within this special taxing district will be considered to be benefited by the redevelopment projects and economic development projects carried out under the Act to the extent of the special taxes levied under the Act. (a) The Board of the county Commissioner of the County shall appoint all five of the members of the Fulton County Redevelopment Commission. (b) The term of office of the members of the Fulton County Redevelopment Commission shall commence from the date of their appointment and expire on January 1, 2008. All other orders, ordinances, resolution or parts thereof in conflict with the provisions and the intent of this resolution are hereby repealed. This resolution shall be in full force and effect from and after its passage. Adopted on first reading this 1st day of May, 2006, by a vote of 3 ayes and 0 nays. Board of Commissioners Fulton County, Indiana   ____________________________________ Richard A. Powell   ____________________________________ Roger D. Rose   ____________________________________Leslie R. Walters Attest:   _____________________________________ Denise J. Bonnell, Auditor of Fulton County Roger Rose moved to approve Resolution #050106 as presented. Leslie Walters seconded the motion. Motion carried 3-0. The Board then appointed five members to the Fulton County Redevelopment Commission. First a member of each the Board of Commissioners and the County Council were appointed: Leslie Walters moved to appoint to the Redevelopment Commission Mike Gearhart from the Council, Roger Rose from the Board, Terry Lee, Bob Peterson and Dee Williams. Roger Rose seconded the motion. Motion carried 3-0. Highway Department: Superintendent Scott Tilden presented to the Board Permit #09-06 from Sprint/United Telephone for 407 feet of cable on 375 West south of 400 South. Scott recommended Permit #09-06 for the Boards’ approval. Leslie Walters moved to approve Permit #09-06 as recommended by Scott. Roger Rose seconded this motion. Motion passed 3-0. Tilden gave status of several repair projects. Tilden presented to the Board his Annual Operational Report for 2005 for the highway department. EMA Grant Request: EMA Director Dave Tofson presented a notice to the Board a grant request involving the Indiana Department of Homeland Security Emergency Response and Recovery Division and a Hazard Mitigation Grant project on the Mt. Zion Mill Pond Dam. He had quotes from two engineering companies, American Consulting at $55,000 and WTH Engineering at $37,000 with an option consideration for $9,000 for environmental assessments. He said the research would provide a full hydrology report on not just the Mt. Zion Dam pond, but the whole chain would be considered in the event of an emergency, such as a flood, with Millark, Mt. Zion or Lake Manitou. He said it is a 75/25 split. The problem is that he has to show from where the County’s 25% match would be coming from. Tofson recommended approving American Consulting for the research. He plans to also meet with the Rochester City Mayor to share in the funding. Roger Rose moved that pending determination of funding or finding a source of funding that we use American Consulting to do the hydrology study of the Millark, Mt. Zion and Lake Manitou water bodies in preparation for EMA to prepare an emergency action plan. Leslie Walters seconded the motion. Motion carried 3-0. County Assessor: Susan Carr asked the Board to sign the technical contract with Appraisal Research Corporation for $71,900 annually, which was previously approved. Appraisal Research would reassess the County’s properties beginning with Rochester and Rochester Township. Recess Building Inspector: Gary Madlem reported that the hearings on the unsafe buildings referred by the Town of Kewanna need to be rescheduled because incorrect notices were sent out. Blue & Company: Jim Miller provided an update to the Board on the progress of the EMS Services assessment. He described many of the financial and operational procedures that the assessment will evaluate. Miller said he plans to submit the final report of the financial issues involving the EMS Services by June 15, 2006. Avant Group: Jim King presented a report of the Avant Group’s progress with the Phase I Environmental Study of the County line Landfill. The Board and King discussed at length various issues and considerations in the matter. Ordinance # 041706: Richard Powell gave the third reading the Ordinance #041706. ORDINANCE NO. 041706 WHEREAS, the Fulton County Park and Recreation Board, established by Ordinance No. 112100-B-2000, which gave it all the powers and duties listed in Indiana Code 36-10-3, has the duty under Indiana Code 36-10-3-10(a)(s) to establish rules governing the public use of any property owned or operated by the Fulton County Parks and Recreation Department. WHEREAS, the Fulton County Parks and Recreation Department currently owns property follows: Yellow Creek County Nature Preserve, located at 7120 East 775 North, Mentone, Indiana, Germany Bridge County Park, located at 4213 North, 375 West, Rochester, Indiana, Prairie Edge Nature Park, located at 1350 West 3rd Street, Rochester, Indiana. WHEREAS, the Fulton County Parks and Recreation Department may acquire additional property or may be charged with the operation of property owned by others. WHEREAS, under Indiana Code 36-1-3-6, to make any rules adopted by the Fulton County Park and Recreation Board effective, they must be adopted by the Fulton County Board of Commissioners. WHEREAS, the Fulton County Park and Recreation Board has by unanimous vote authorized the adoption of the following rules for any real estate owned or managed by the Fulton County Parks and Recreation Department or under the supervision or control of the Fulton County Park and Recreation Board. NOW THEREFORE IT IS ORDAINED BY THE FULTON COUNTY BOARD OF COMMISSIONERS that the following rules, unless otherwise provided, apply to any real estate owned or operated by the Fulton County Parks and Recreation Board, including but not limited to Yellow Creek County Nature Preserve, Germany Bridge County Park, and Prairie Edge Nature: Section 1 Unless otherwise provided by a written permit issued by the Fulton County Park and Recreation Board, it is unlawful to be in the Yellow Creek Nature Preserve at any time. Section 2 Unless otherwise provided by a written permit issued by the Fulton County Park and Recreation Board, it is unlawful for a person to be in either the Germany Bridge County Park or the Prairie Edge Nature Park after sunset and before sunrise. These parks are open from sunrise to sunset only. Section 3 It is unlawful for any person to possess, consume, sell, offer for sale, barter or exchange any alcoholic beverage. The term “alcoholic beverage” means a liquid or solid that is or contains one-half percent (0.5%) or more alcohol by volume; is fit for human consumption; and is reasonable likely, or intended to be used as a beverage. Section 4 Except as hereinafter provided, it is unlawful to have any firearm, BB gun, air gun, CO2 gun, bow and arrow, or spear in possession in a Fulton County Park unless it is unloaded or un-locked and stored in a case or locked within a vehicle. This Section does not apply to duly sworn Fulton County Sheriff’s or Deputy Sheriffs or any duly sworn police officer or conservation officer located in the State of Indiana. This Section does not apply to the possession of unloaded firearms while landing or launching a boat at the Germany Bridge County Park. Section 5 Except as hereinafter provided, it is unlawful for any person to kindle, stoke, light, maintain or use a fire. A person may kindle, build, stoke, light, maintain or use a fire, provided that it: a. Is constructed and maintained only with safe, appropriate, ordinary, natural, untreated materials; b. Is in a fireplace, furnace, oven, range or other noncombustible container with sides and bottom sufficient to prevent the spread of fire or flames; c. Is, if outside, a minimum of six (6) feet away from any building, facility or combustible vegetation; and d. Is continuously monitored and cared for from kindling to complete extinguishment by a competent person. In addition, a person may kindle, build, stoke, light, maintain or use a fire in strict compliance with a written permission issued by the Fulton County Park and Recreation Board. Section 6 It is unlawful for any person to toss, drop, throw away, deposit or otherwise discard ashes, coals, used matches, or smoking materials upon the ground or in any waters. Section 7 It is unlawful for any person to litter. Section 8 Except as hereinafter provided, it is unlawful for any person to bring or possess any pet or other animal inside any building or other site which is specifically designated a posted as a “No Pets” area. This Section does not prohibit a disabled person from using an animal specifically trained to assist that person. In addition, this Section does not prohibit the possession or use of a pet or other animal in accord with a written permit issued by the Fulton County Park and Recreation Board. Section 9 It is unlawful for any person to bring or possess any pet or other animal unless that pet or animal is restrained on a leash. Owners must clean up after their pets. Section 10 Unless otherwise provided by a written permit issued by the Fulton County Park and Recreation Board, it is unlawful for any person to post materials or to solicit alms, subscriptions or contributions. Section 11 It is unlawful for any person to engage in threatening, abusive, or insulting behavior or use indecent language. Section 12 Unless otherwise provided by a written permit issued by the Fulton County Park and Recreation Board, it is unlawful for any person to erect or maintain a tent or other shelter, or otherwise camp in any are. Any permit issued must be conspicuously posted at the campsite. Section 13 Except as hereinafter provided, it is unlawful for any person to use an ATV, off road or other such vehicle. This Section does not apply to disabled persons who use a motorized vehicle. Section 14 It is unlawful for any person to ride a horse. Section 15 Except as hereinafter provided, it is unlawful for any person to use a bicycle, in-line skates, skate boards or other such devices. Such devices may be used in the designated parking areas. Section 16 It is unlawful for any person to park vehicles in any place other than designated areas. Section 17 It is unlawful for any person to wade, swim or boat on the pond at Prairie Edge Nature Park. Section 18 Except as hereinafter provided, it is unlawful for any patron to harvest, collect, dig up, cut, trim, break, set fire to, disturb, or otherwise damage any vegetation. Section 19 Except as hereinafter provided, it is unlawful for any person to attempt to capture, pursue, injure, or kill any animal. This Section does not apply to fishing as long as all state regulations regarding fishing and Sections 20 through 22 of this Ordinance are observed. Section 20 Except as hereinafter provided, it is unlawful for any person to fish at Prairie Edge Nature Park. Fishing is permitted from the shore or any piers erected in Prairie Edge Nature Park. Section 21 It is unlawful for any person to keep any bass caught at Prairie Edge Nature Park. They are strictly caught and released back into the pond alive. Section 22 It is unlawful for any person to catch and keep more than ten (10) panfish of any combination, e.g. bluegill or red ear sunfish, on any day. Section 23 It is unlawful for any person to ice fish at Prairie Edge Nature Park. BE IT FURTHER ORDAINED THAT any person who commits a violation of this Ordinance may be fined up to two thousand five hundred dollars ($2,500) for the first violation. BE IT FURTHER ORDAINED THAT any person who commits a second or subsequent violation of this Ordinance may be fined up to seven thousand five hundred dollars ($7,500), unless the violation is of a provision that regulates traffic or parking. BE IT FURTHER ORDAINED THAT should any section, paragraph, clause or phrase of this Ordinance be declared unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect. BE IT FURTHER ORDAINED THAT the above Ordinance shall be effective on the date of its adoption. Adopted this 1st day of May, 2006. Board of Commissioners Fulton County, Indiana   _____________________________________ Richard A. Powell   _____________________________________ Roger D. Rose   _____________________________________ Leslie R. Walters Attest:   _____________________________________ Denise J. Bonnell, Auditor of Fulton County Roger Rose moved to approve Ordinance #041706. Leslie Walters seconded the motion. Motion carried 3-0. Treasurer: Judy Reed requested permission to have the Treasurer’s office open on Saturday, May 6, 2006, for payment of taxes from 8:00 a.m. to 12:00 p.m. Leslie Walters moved to keep the treasurer’s office open Saturday, May 6, 2006, from 8:00 a.m. to 12:00 p.m. Uncontrolled Open Burn Ordinance: Richard Powell asked Greg Heller about the status of the proposed ordinance regarding uncontrolled open burning. Heller reported that he would like input from Fire Chief Mike Gearhart prior to further action on the proposed ordinance. Commissioner Meeting Minutes: The minutes of the March 24, 2006; April 3, 2006; and April 17, 2006, Board of Commissioners meetings were reviewed. Leslie Walters moved to approve the minutes of the March 24, 2006, meeting as presented; the April 3, 2006, meeting as corrected; and the April 17, 2006, meeting as presented. Roger Rose seconded the motion. Motion carried 3-0. Appropriation Requests: Superior Court 13301 Witness Fees $ 943.00 Sheriff 136-41000-000-136 Capital Outlay $ 29,104.00 Sheriff 136-41000-000-136 Capital Outlay $ 39,256.00 County Council 136-35000-000-136 EMS Service $ 400,000.00 Health Department 807. WIC $ 9,650.00 Health Department 807.12046.000.197 Fringe-Health/Dental $ 15,364.00 Health Department 801.39103.000.197 Training $ 371.00 The additional appropriation requests were reviewed and approved. Transfer Requests: Richland Township Assessor: From 21000 Office Supply $ 30.00 To 21100 Postage $ 30.00 Highway Department: From 30202 Bridge #88 $ 7,596.00 To 40001 Vehicles $ 7,596.00 The transfer requests were reviewed and approved. Claims and Payroll: The Commissioners reviewed Payroll and all Claims and signed them for payment. Advisory Plan Commission: Roger Rose reported that the Board needed to appoint a member to the vacant position on the Advisory Plan Commission. He moved to appoint Tom LaFollette to the Advisory Plan Commission. Leslie Walters seconded the motion. Motion carried 3-0. Old Business: There was no old business. New Business: The monthly report of the Weights and Measures was reviewed. This concluded the business of this meeting of the Fulton County Board of Commissioners. Roger Rose moved to recess this meeting at 12:25 p.m. Leslie Walters seconded this motion. Motion carried 3-0. FULTON COUNTY BOARD OF COMMISSIONERS ___________________________ Richard A. Powell, President ___________________________ Roger D. Rose, Vice-President ___________________________ Leslie R. Walters, Member Attest: __________________________________ Denise Bonnell, Fulton County Auditor Note: (tapes of this Commissioners Meeting are filed in the Auditor’s Office).     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