ĐĎॹá>ţ˙ ^`ţ˙˙˙]˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁM đżlGbjbjâ=â= &b€W€WPC˙˙˙˙˙˙lŔŔŔŔŔŔŔœććć8 *Dœú/tzzŠŠŠeeey/{/{/{/{/{/{/$n1 Ž3”Ÿ/ŔeeeeeŸ/9ŔŔŠŠŰ´/999e(ŔŠŔŠA/89ey/9Ü9â5-¤ŔŔ%/Šn đé[´ŚÝĆœJć(Ů-%/Ę/0ú/ď-6"4ľ„"4%/9ÔtHTŔŔŔŔŮFULTON COUNTY COMMISSIONERS September 5, 2006, 6:00 P.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 9:00 a.m., E.D.T. Present for this meeting were Commissioners Richard A. Powell; Roger D. Rose; Leslie R. Walters; Denise Chandler, Auditor; and Greg Heller, County Attorney. Highway Department: Superintendent Scott Tilden informed the Board that they would be parking their county-owned vehicles. He said that Mike Clark’s salary increased $9,239.72 on 2005’s corrected W-2. Scott said his increased $4,874.01. Jennifer Berlasty reported that Jeff Berlasty’s increase was $4,503.10 for the car that he didn’t take home. She felt it should have been $1,600. She said that he might have taken it home 10 times. These increases are due to an IRS Compliance Check. There was discussion regarding the results and how to handle the required changes. Greg Heller explained to the employees that when they went to file their amended tax return they could also deduct the miles that were driven for the county on their 1040 Tax Return. Greg Heller will call the IRS representative to determine what needs done with the corrected W-2s and what type of mileage policy needs to be implemented. He also reported that he has received the culvert for Bridge #506 on Old 31 South over the Lucinda Smith ditch. He said work will begin September 11, 2006. They will be removing a bridge and installing a culvert. He feels work will take a couple of weeks. He believes the project will cost less than the approved $55,000, which is considerably less than the cost to replace the bridge. He said the department is finished paving for the season. He said they had planned to pave four miles but did an additional mile. He said they are also done chip/sealing. Sheriff: Jail Matron Jennifer Berlasty asked the Board to be included in the making of the policy regarding the clothing fringe benefit policy. Appropriation Requests: Tourism 212.31300.000.212 Research & Grants $ 5,000.00 Surveyor 101-33200-000-006 Photo & Blueprinting $ 500.00 Commissioners 136-30041-000-068 Bldg & Other Insurance $ 20,000.00 Sheriff 32301-000-136 Rainy Day-Jail Window Repair $ 7,500.00 The above additional appropriation requests were reviewed and approved. Sheriff 136-2 11032-000-005 Host Fee – FCSD Canine Fund $ 7,500.00 Sheriff 101-35010-000-005 Special Operations Task Force $ 10,000.00 These two additional appropriation requests were denied. Transfer Requests: Sheriff From 101-005-11015 Sheriff Pers. Serv. Animal Warden $ 1,000.00 To 101-380-19004 Jail Pers. Serv.-Overtime $ 1,000.00 Aviation: From 211 20021 Building $ 1,000.00 To 101.21100.000.271 22400 Pilot Supplies $ 1,000.00 Veterans: From 101-36001-00012 Repair Equipment $ 125.00 To 101-21000-0-012 Office Supplies $ 50.00 101-32000-0-012 Telephone $ 75.00 These transfer requests was reviewed and approved. Claims and Payroll: The Commissioners reviewed Payroll and all Claims and signed them for payment. Commissioner Meeting Minutes: The minutes of the August 7, 2006, regular Board of Commissioners meeting, the August 7, 10 and 14, 2006, executive meetings, and the August 14, 2006, special meeting were reviewed. Leslie Walters moved to approve the minutes of the August 7, 2006, regular Board of Commissioners meeting, the August 7, 10 and 14, 2006, executive meetings, and the August 14, 2006, special meeting as presented. Roger Rose seconded this motion. Motion carried 3-0. Architura: Ms. Pat Romiti introduced the firm Architura who offered its services for the Courthouse building regarding preservation. They described some of the work and buildings Architura handles. Recess Reconvene Tourism: Alison Heyde presented an appropriation request in the amount of $5,000 for cost obligations for the remainder of the year. IRF Public Hearing: Upon Rich Powell’s opening of the hearing, Plan Director Casi Cramer presented to the Board IRF’s petition for a zone map amendment from agricultural to industrial use to allow for the installation of an ethanol plant. This was approved by the Plan Commission for recommendation to the Board of Commissioners for approval with commitments. The Plan Commission recommended commitments as follows: an aquifer assessment by a company hired by IRF; the donation of land for any road right-of-way be limited to 100 feet; and that all lighting be constructed and maintained as down lighting. Cramer described the current zoning of land in the area. She described the requirements for the requested change in zoning. She showed what the proposed ethanol plant would look like. She noted that she and the plan commission members visited ethanol plants in Illinois. She reminded the Board and the audience that this is a petition for the rezone for the industrial district for 429 acres, not just for an ethanol facility. Cramer noted that additional/revised commitments might be that the plan commission has the right to require site plan review for any business wishing to locate in the rezoned area; the plan commission may give approval of construction plans/designs along the site parameters to preserve the landscape characteristics; minimum percentage of an area to be maintained as a designated space with no impervious surface; designate open space to keep free from invasive weeds; screening vegetation as appropriate for site layout; and truck ingress/egress restrictions. Public questions: If the wells don’t go dry but are polluted – if they have water but it is not fit to drink or bathe in - is the company required to do something about it? Dan Sullivan (lives on Indiana 110) – He said that the aquifer study is being conducted by a company hired by IRF. He asked if that wasn’t a conflict of interest. Shouldn’t it be a disinterested third party? He also asked if the oxidizer goes down and is not functioning, will production stop? Who would be the emergency response agency if there is a HAZMAT spill or an expanding vapor explosion on one of the railroad trains? Is this agency equipped, funded, manned and trained to handle such? IRF’s Glen Bode said that the thermal oxidizer performs two primary functions: it is a boiler providing steam for the production process and it takes the air emissions from the distillery grain dryers and funnels that air through the thermal oxidizer. He said that essentially there is no way that the plant could operate for very long when the steam production is down. He said if the thermal oxidizer were shut down for more than a very short period of time the plant would be shut down, because it wouldn’t have the capacity to create steam and run the plant. He didn’t know the exact amount of time. He said the plant will bring with it a market for 37 million bushels of corn; new taxable property value in real and personal property; 100 million gallons of ethanol production; 320,000 tons of distillers grains; the creation 40 to 45 jobs within the facility with an estimated payroll of $2.3 to $2.4 annually; and infrastructure development. He said this site has the best railroad access in the county; a good highway system with minimal distance from the highway to the plant; easy access to landfill gas to supply energy to the thermal oxidizer; and corn availability. He said air quality will be permitted by IDEM with a low emission level. He said dust collection systems will be on had for all grain handling to minimize the dust. Mr. Bode introduced Steve Stanford, a hydro geologist, who discussed the water system of the area. He explained that the aquifer testing would show what areas around the plant will potentially be subject to water table lowering. The plant has committed that during the first five years of operation for any wells that go dry or are otherwise affected, IRF or its successor will replace that water supply. There was also discussion regarding the impact on the land when the water is released into the area ditches. He said it is against the law to produce any more surface runoff than it currently has running off. There are detention ponds in the event that there are large rains to hold water for a time. He described the difference between the wet mill plants and the newer dry plants. He noted that the odors people associate with ethanol plants are from the older wet mill plants that are not associated with the type of plant planned for the rezoned area. He said they plan to originate the majority of the corn within 50 miles of the plant. He said the truck and rail activity would primarily be during normal business hours. Public questions: How are the trucks going into the ethanol plant comparable to the ones going into the landfill? He speculated that there wouldn’t be many more than the current activity, might be a little bit more. Jenny Bradley (on 650 North about two miles from proposed site): She asked what would happen if after five years the plant increases production and the five year time when they will replace the wells has elapsed. Answer: The wells are covered for more than five years. However, if there happen to be some wells that are not registered with the state or are installed improperly, those will be covered for five years. The others will continue to be covered under the law. She then asked about the safety of the ethanol after it is mixed with gasoline to make it a fuel grade product. He said that it could be a danger at that point but explained that precautions are taken to prevent spills and to contain a spill. A citizen doubted the ability of the local first responders in the area to be able to handle such a spill. One citizen reported that she and a group had a list of conditions that would be filed with the Auditor. Laura Powell said that after her research ethanol scares her. She fears the environmental hazards. He said that the plant will be using the latest technology available and will follow the highest degree of safety for the plants and the surrounding area. Rachel Wyatt said she opposes the ethanol plant for the same reason she opposed the landfill. She doesn’t like the lights, the smell, and the traffic. Brandee Lewis opposes the proposed ethanol plant and rezone to industrial. She feels that the neighboring residences will lose property value. Bill Lewis objected to the County improving the roadway for the ethanol plant while the company doesn’t pay taxes due to a tax abatement. Cramer explained that the County would receive the same amount of taxes on the land as it currently does. Any taxable dollars received for improvements are collected and put in a separate fund. The Tax Increment Financing District creates a means for infrastructure improvements. A citizen asked about IRF’s purchase by Advanced Bio-energy of Nebraska and why would they care what happens in Indiana. It was confirmed that they have merged, but the local investors are still investors, and laws must still be adhered to. Laura Powell said that she has read that most, if not all, ethanol plant emits pollution including formaldehyde, which is proven to cause cancer. She said that once fines are set and paid, they aren’t checked again for eight years. It was suggested that an environmental impact report by the EPA would lay a lot of these fears to rest. Barry Rose asked about how many local jobs will be available and about well pressure. They are planning for 40 to 45 permanent direct jobs. Stanford reported that a normally functioning well’s pressure should not be affected so long as it doesn’t go dry. Rod Powell asked what his life is worth if he gets cancer in ten years. Mr. Bode stated that our society have regulations in place that monitor how industry grows. Duane Riddle said he is not opposed to ethanol production but does oppose the leapfrog development. A citizen remarked that Tom Wilson had wanted to use the railroad but it required significant upgrades. She asked if it would still require those upgrades and who would be responsible for those upgrades and where would those upgrades occur. Richard Fox said that all he hears is that the residents don’t want it. He also opposes the rezoning of this area. Roger Rose moved to close the public hearing. Leslie Walters seconded the motion. Motion carried 3-0. IRF Rezoning Request: Roger Rose explained the role of the Commissioners in this process is to promote the health, safety and welfare of the public in Fulton County. He said that part of the welfare of the County is economic development in which this project falls. He said the plan commission’s goal is to promote the orderly development of the County. He noted the potential conflict in those issues and that the Commissioners are there to balance those issues and determine if due diligence has been considered. He said tonight there is a recommendation from the Plan Commission to rezone this area, assess the commitments also recommended by it and determine if there are additional commitments that might help make this a better project. The Board discussed potential commitments. If additional commitments are recommended, the petition would go back to the plan commission. Roger Rose moved to approve the plan commission’s recommendation to rezone the proposed area as proposed by Indiana Renewable Fuels from agriculture to industrial 430 acres as described in the petition with the presented commitments approved by the plan commission with the five additional commitments that were presented today. Leslie Walters seconded the motion. Glen Bode requested the proposed commitments be modified so that minimal truck activity is allowed prior to 6 a.m. and after 6 p.m. After discussion Roger Rose moved to amend his previous motion and remove the language regarding truck ingress/egress restrictions. Leslie Walters seconded the motion. Motion carried 3-0. The petition will go back to the Plan Commission. Roger Rose moved to recess. Leslie Walters seconded the motion. Motion carried 3-0. The meeting reconvened at 3:05 p.m. Policy Manual Revisions: The Board discussed whether or not it is prepared to revise the policies according to IRS guidelines and what revisions might be necessary. It noted that there are seven vehicles that a policy would cover, if they are driven for personal use. The Board will have a special meeting to accept employee input at 11:00 a.m. on Monday, September 11, 2006. Roger Rose will issue a memo to the county departments regarding the special meeting. Old Business: Rich noted that they have received the bill for Dr. Dillman’s research of the Fulton County EMS for $6,726.97. He said the roof repair will commence in a couple of weeks. He said that the company awarded the job was not contacted to do the work. The Board discussed the status of the issue concerning a dilapidated building in the Town of Fulton. It is involved in a bankruptcy case, preventing any action being taken by the building inspector under the unsafe building ordinance. The Board worried that it would come to a public safety issue with no recourse under bankruptcy laws. The Board asked Attorney Heller to research the law on this subject. Leslie Walters asked if the Board wanted to have the floor done independently one time, prior to the new maintenance man being trained. Joe Morrow could be asked to do this. Leslie Walters suggested work needed to be completed at the Courthouse on some trim in the Circuit Court. Roger Rose referenced the presentation by Dr. Dillman regarding the EMS recommending an oversight committee for an analysis for possible restructure of the EMS system. Denise asked if the petition regarding the Tiosa right-of-way should go in front of the plan commission. The Board determined that it did need to go to the plan director. New Business: Leslie Walters brought up the fact that leftover computer parts are in storage. These items may be taken to the recycle site at the Fulton County Solid Waste building. They wanted to see if it could be verified whether they are worth any value before throwing the equipment away. Leslie Walters presented a contract with Arrow for extermination service. The cost is monthly rates of $48 for the Courthouse. The Board agreed to continue the service. The Board will need to discuss coroner services and costs for comparison. The Board was invited to dinner during the AIC conference by United Consulting on September 19, 2006. This concluded the business of this meeting of the Fulton County Board of Commissioners. Roger Rose moved to recess this meeting at 4:35 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 Chandler, Fulton County Auditor Note: (tapes of this Commissioners Meeting are filed in the Auditor’s Office).     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