ŠĻą”±į>ž’ PRž’’’O’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„Į7 šæāAbjbjUU &X7|7|ā=’’’’’’lŽ     LŽt¶pppppKKKóõõõõõõ$* J"zKKKKK)ppŪ.)))KÖpp»8)Kó)Ņ)ūo»pd €ÖzoäÅŽ. !Ģ‡»D0t,Ä"ķ<Ä"»)tŠTŁFULTON COUNTY COMMISSIONERS June 20, 2005, 6:00 P.M., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Richard A. Powell called this Meeting to Order at 6:05 p.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose, Leslie R. Walters, Penny Bramble, First Deputy Auditor; and County Attorney, Gregory L. Heller. Fulton County Highway Department: Superintendent Scott Tilden introduced two representatives from American Consulting Engineering. At the last meeting Scott presented an agreement for the design of Bridge #88. A preliminary design will be presented by year’s end. They will seek public input by public hearing. After discussion Roger Rose moved to enter into an agreement with American Consulting as presented in a total not to exceed $595,847.00 for the design and consulting services for Bridge #88 Mount Zion Bridge and dam. Leslie Walters seconded the motion. Motion passed 3-0. Tilden presented Permit #610-05 from Sprint. Scott recommended the permit for the Board’s approval. Roger Rose moved to approve Permit #610-05 as recommended by Scott. Leslie Walters seconded this motion. Motion passed 3-0. Tilden presented Permits #616-05, #617-05, and #618-05 from Rochester Telephone Co. Scott recommended the permits for the Board’s approval. Roger Rose moved to approve Permits #616-05, #617-05, and #618-05 as recommended by Scott. Leslie Walters seconded this motion. Motion passed 3-0. Tilden also presented an Ordinance for a speed limit of 45 miles per hour on County Road 450 North from US 31 to Germany Bridge Road (375 West.) ORDINANCE #062005 An ordinance establishing speed limits on County Road 450 North near Rochester in Richland Township. Whereas, the Fulton County Highway Department and the Fulton County Sheriff have completed a traffic study of County Road 450 North as described in Subsection One. It is therefore ordained; that the speed limits set forth in subsection one supersedes all prior speed limits at this location. It is further ordained, that the Fulton County Highway Department post appropriate speed limit signs to advise motorists of the speed limit at this location. (Subsection One) SPEED ZONE FOR COUNTY ROAD 450 NORTH Forty-five miles per hour (45 M.P.H.) speed zone on County Road 450 North starting at U.S. 31 and continuing west for 20,415 feet (twenty thousand and four hundred and fifteen feet) encompassing 3.866 miles and ending at 375 West. This ordinance is effective upon passage and proper publication. Adopted this ____ day of ____________ , 2005. Attest: BOARD OF COMMISSIONERS FULTON COUNTY, INDIANA __________________________ __________________________ Denise J. Bonnell Richard A. Powell Fulton County Auditor __________________________ Leslie R. Walters __________________________ Roger D. Rose The first reading of the proposed ordinance was completed in its entirety. Roger Rose moved to suspend the rules and move to the second reading. Leslie Walters seconded the motion. Motion passed 3-0. The second reading was by title only. The third reading will be completed at the July 5, 2005 meeting. Tilden also reported to the Board that the highway bookkeeper’s pay is not comparable to surrounding counties’ pay for the same position. Her salary is now $21,255.00. Carroll County’s bookkeeper made $23,740, Marshall’s made $26,244, Pulaski’s made $26,416, Wabash County’s made $24,045, Kosciusko County’s made $30,515. It was decided to split the difference between Carroll County and Pulaski County’s bookkeeper’s pay for the 2005 budget proposal. Tilden requested that the Board permit a Highway Department employee to have Wednesday off paid for a funeral for his uncle. The Board chose not to pay him for this day off. Sheriff Department: Fulton County Sheriff Roy Calvert reported to the Board that legislation was passed regarding prosecutor’s salary, and the sheriff is required to be paid 60% of what the prosecutor earns. This increase begins in July, 2005. The Board concurred that the County needs to comply with the statute and raise Calvert’s salary from $56,700 to $66,000. The Board told Calvert that it has decided not to legalize ATV use on County Roads for a variety of reasons. The manufacturers warn that these are not for use on roads. There are liability issues in the event that someone is injured while using an ATV on County Roads as permitted by the proposed change. There is no compelling argument to outweigh the potential liability. Calvert remains in favor of passing an ordinance to allow ATV use on County roads. Public Defender: Karin Fowler reported to the Board that the Public Defender fund would need an appropriation from county general to pay conflict attorneys. Consensus is that this appropriation request will go through when it comes to the Board. FEDCO: Mike Bush, Fedco Director, reported to the Board that he would present additional appropriations from the CEDIT fund to get the ethanol plant project underway. He will request $39,750.00 at the next meeting. Bush said that the report from the feasibility study is confidential and that the initial proposals that were published in the newspaper were most likely changed based upon the report of the feasibility study. Bush also reported that in July, Fedco would be coming forth with a business assistance proposal in the approximate amount of $10,000 in the form of a promissory note from the CEDIT fund. He said that the note may be forgiven if the borrower complies with all conditions set forth. He said that the borrower is a technical business that has presented a detailed business plan, gained professional counseling and additional sources of funding. This will be presented to the County Council at its July meeting. Bush informed the Board that State of Indiana and Governor Daniels have proposed a radical restructuring in the workforce delivery system for job training and workforce development services in Indiana. He said that basically they have eliminated north central Indiana. Bush asked the Board if he could work with Attorney Heller regarding the Wen Building in Akron, because it is going for tax sale. He wants to return the building to use. Fedco owns property on Indiana 25 North by Superior Sample. A package is being prepared for a company who is interested in this property. He said he has another prospective client who needs a business for distribution, but there is no building the size that is necessary. He is also working on two expansion projects, one of which is on hold for the time. He said the Culver Walker building has been sold. They plan to employ 350 to 500 people. He said that he has met with the company to see what Fulton County could do to help them in their search for employees. Recess at 8:05 p.m. Reconvene at 8:10 p.m. Casi Cramer: Plan Director Casi Cramer presented an ordinance establishing the board membership for the Area Plan Commission. ORDINANCE NO #062005-A FULTON COUNTY AREA PLAN COMMISSION BOARD MEMBERSHIP ESTABLISHING ORDINANCE An Ordinance adopting the Area plan Commission Board Membership Representation for the Fulton County Area Plan Commission. Whereas, the County of Fulton, the City of Rochester, the Town of Akron, the Town of Kewanna, and the Town of Fulton (hereinafter the “Fulton County Area Plan Participants”) have previously enacted the Fulton County Area Plan Commission, an ordinance adopting the Area Plan Law; and Whereas, the Fulton County Area Plan Participants do hereby proclaim that IC 36-7-4-207 does not provide for equitable representation of the rural and urban population of Fulton County; and Whereas, IC 36-7-4-211 provides that notwithstanding any other provision of the are planning law, the representation on any area plan commission may be changed by a similar ordinance adopted by the legislative body of each unit that is a participant in a planning department. NOW THEREFORE, BE IT ORDAINED BY THE FULTON COUNTY AREA PLAN PARTICIPANTS OF FULTON COUNTY, INDIANA: That, pursuant to IC 36-7040211, the legislative bodies of the Fulton County Area Plan Participants do hereby change the representation of the Area Plan Commission to consist of thirteen (13) members as follows: One (1) citizen member appointed by the County Commissioners, being the executive body of Fulton County, Who does not hold other elective or appointed office, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who is a resident of the unincorporated area of Fulton County. One (1) citizen member appointed by the County Council, being the fiscal body of Fulton County, Who does not hold other elective or appointed office, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who is a resident of the unincorporated area of Fulton County. One (1) member of the County Council, being the fiscal body of Fulton County, appointed from and by its membership. Two (2) citizen members appointed by the Common Council of the City of Rochester, Who do not hold other elective or appointed offices, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who are residents of the incorporated area of the City of Rochester. One (1) member of the Common Council of the City of Rochester, appointed from and by its membership. Two (2) citizen members appointed by the Townn Council of the Town of Akron, Who do not hold other elective or appointed offices, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who are residents of the incorporated area of the Town of Akron. One (1) citizen member appointed by the Town Council of the Town of Kewanna, Who does not hold other elective or appointed offices, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who is a resident of the incorporated area of the Town of Kewanna. One (1) citizen member appointed by the Town Council of the Town of Fulton, Who does not hold other elective or appointed offices, except as permitted in IC 36-7-4-902, in municipal, county or state government; Who is a resident of the incorporated area of the Town of Fulton. One (1) member of the County Commissioners, being the executive body of Fulton County, appointed from and by its membership. The County Surveyor The County Agricultureal Extension Educator. If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed and adopted by the Fulton County Board of Commissioners on the _______ day of _____________ , 2005. ______________________________ Richard Powell, President ______________________________ Roger Rose, Vice President ATTEST: ______________________________ ______________________________ Leslie Walters, Member Denise Bonnell Auditor, Fulton County Richard Powell read the ordinance by title only after it was described in detail by Casi Cramer. Roger Rose moved to suspend the rules and read the ordinance a second time. Leslie Walters seconded the motion. Motion passed 3-0. Richard Powell read the ordinance the second time by title only. The final reading and vote on the ordinance will occur at the July 5, 2005 meeting. After each participant passes their ordinance for the membership, each will appoint its members. Tiosa Easement Issue: Norma Carter requested consent to leave their D-box in the easement. Attorney Heller will review the material regarding this property and prepare a written consent that would hold the County harmless. This was tabled until the July 18, 2005, meeting of the Board of Commissioners. WTH Engineering: Rob Bryant asked permission to use certain layers of the County map on the internet map server as a demonstration to determine whether or not it is used and wanted in the long term. The first 60 days of this service will be free. WTH will be able to track the hits on this. Roger Rose moved to allow WTH to use certain layer of information for a trial use for a period of a minimum of 60 days on a map viewer. Layers to be included are parcels, addresses, highways, roads, aerial, soil sections, townships, zoning districts, voting districts, and water layers. Leslie Walters seconded the motion. Motion passed 3-0. Commissioner Meeting Minutes: The minutes of the June 6, 2005, Board of Commissioner meeting were reviewed. Leslie Walters moved to approve the minutes of the June 6, 2005, Board of Commissioner regular meeting as corrected. Roger Rose seconded this motion. Motion carried 3-0. Maintenance: The Board discussed the issues with the current maintenance personnel. EMA Advisory Board: Bob Poffenbarger has retired and will need to be replaced on the board. Transfer Requests: Fulton County Highway Dept: From 702-22700-000-531 Bituminous $2,481.49 To 702-22600-000-531 Culverts & Tiles $2,481.49 Sheriff’s Department: From 101-005-19006 Pers Services-OT Deputies $3,000.00 To 101-005-19004 Pers Services-OT Jailers $3,000.00 The transfer requests were reviewed and approved. Claims and Payroll: The Commissioners reviewed Payroll and all Claims and signed them for payment. Old Business: Attorney Heller found that terminating the cleaning contract requires 60 days’ written notice, should that be desired. It was noted that there is a private group working to raise money for an animal shelter. The Board is interested in the progress of their work. There has been no feedback, good or bad, on the current arrangement. New Business: The monthly report of the Weights and Measures Program was reviewed. Leslie Walters told the Board that Sue Griffith has a grant proposal that requires another committee of volunteers. She is having a difficult time getting new volunteers. Leslie Walters proposed getting out the old sign prohibiting skateboarding on County property or doing something to discourage the skateboarders on the Courthouse walks. The Health Department requested two additional keys for two new employees who will need access in the case of emergency. Richard Fox, maintenance, will be notified of the need for those door keys and office keys. A memo was received from Joseph McLain, HAVA Administrator, with a letter that was requested to be read into the minutes of the meeting. The Board will ask Attorney Heller about this letter at the next meeting. The Auditor’s office has had several requests to change to bi-weekly pay instead of semi-monthly pay, so a survey was sent to the County employees. Eighty-three wanted the change. Forty-two said no. Four didn’t care either way. There would be two additional pay periods in the year. A paragraph in the personnel policy would need to be changed. This request was taken under advisement, as the change could not be made until the first of the new year. This concluded the business of this meeting of the Fulton County Board of Commissioners. Leslie Walters moved to recess this meeting at 9:45 p.m. Roger Rose seconded this motion. Motion carried 3-0. FULTON COUNTY BOARD OF COMMISSIONERS ___________________________ Richard A. Powell, President ___________________________ Roger D. Rose, Vice-President ___________________________ Leslie R. 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AuditormC:\Documents and Settings\auditor\Local Settings\Temporary Internet Files\Content.IE5\O3X3IAND\COMM050620.docFulton Co. AuditorA:\COMM-062005.docFulton Co. 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