ࡱ> OQNY KbjbjWW &f==G]4444444 <2\\\\\\\\$4\\\\\44\\\\R4\4\8HTT4444\r]T44\8$MnFFULTON COUNTY COMMISSIONERS MEETING January 20, 2004, 6:05 P.M., E.S.T., in the Assembly Room of the Fulton County Office Building. Highway Department: Superintendent Scott Tilden noted the Bids for Bridge Inspection were to be awarded at this meeting, for the construction work on Bridge #2. He reviewed the following five bids that were received and opened at the January 5th Meeting; American Consulting, Indianapolis, Congdon, Indianapolis, DZL, South Bend, Janssen and Spaans, Indianapolis and Seico, Indianapolis, Indiana. After studying these bids, which are being considered based on qualifications; the Board choose Seico, Indianapolis, Indiana, to be the Consultants for Bridge #2. Leslie Walters made a motion to award this bid to Seico, Indianapolis as Consultants for Bridge #2. Roger Rose seconded this motion. Motion passed 3-0. Scott then presented the Utilities Agreements for Bridge #2, noting that a couple of months ago he gave the Board copies of the Standard Utility Permits. These permits were with NIPSCO Gas, NIPSCO Electric and Sprint Telephone. Scott said the Permits were sent to these Utilities Company first and they have been signed; now he is presenting them for the Boards signatures. The Board signed these permits. Scott requested the Board set March 19th 2004, at 9:30 a.m., as the Bid Letting for Dump Trucks; also, following at 10:00 a.m., will be the Asphalt Bid Letting. Scott informed the Board of information received from BIC regarding a 2004 Indiana Highway Funding Package; HB 1342, gas tax increase, BMV fee increase, Wheel tax bonus. Sheriffs Department: Sheriff Roy Calvert informed the Board that after reviewing the bids for vehicles, he preferred the two (2) Ford Crown Victoria w/police interceptor at $21.982.22 each and one (1) Dodge Durango-4-wheel dr. sport utility at $25,786.00 a total of $69,750.44. This was discussed. Following this discussion, Roger Rose made a motion to purchase two (2) Ford Crown Victoria w/police interceptor at $21,982.22 each and one (1) Dodge Durango-4-wheel dr. Sports Utility at $25, 786.00 for the Sheriffs Department. Leslie Walters seconded this motion. Motion passed 3-0. The financing was discussed and it was determined that Loan Proposals would be due in the Auditors Office no later than January 30th 2004 at 4:00 p.m., E.S.T. Loan proposals will be chosen at the February 2nd 2004 Commissioners Meeting. The money would be needed in about six (6) weeks. It was noted, as had been previously discussed, no order for these vehicles would be made until the financing arrangements are made. Sheriff Calvert presented his Monthly Activity Report for the month of December 2003. The Board reviewed this report. Sheriff Calvert presented two comparison reports (1) Special Operations Report for Meth Labs 2002 & 2003 and (1) Special Operations Report for years end 2002 and 2003. Also, the Fulton County Sheriffs Department Fees and the 2003 Annual Jail report prepared by Jail Commander Jeff Berlasty sent to State Jail Inspector Paul Downing. Emergency Management: Director Susan Griffith had contacted Blueprint Construction and Rochester Glass regarding the window problems, which are leaking and the cold conditions in the building. The Blueprint Construction quote was $2400.00 and the Rochester Glass quote was $1703.00. This was discussed and the Board decided that they needed more pricing for the finishing work. Susan presented information regarding Community Emergency Response Team Sub-Grant Agreement (CFDA 83.552) Cert-Grant in the amount of $800.00. This was discussed Susan informed the Board there is a need for another fulltime employee. This was discussed. FEDCO: Director Mike Busch presented the Loan Agreement between WTH Engineering and Fulton County. The amount of the Loan $30,000.00 with interest at the rate of 4% per annum due and payable in one payment three (3) years from the date of said Promissory Note. LOAN AGREEMENT This Loan Agreement is made and entered into this ________ day of ____________, 2004, by and between WTH Engineering (hereinafter referred to as the Company) and Fulton County, Indiana (hereinafter referred to as Fulton County). For good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Concurrently with the execution of this document, Fulton County has loaned to the Company the sum of $30,000.00. Further, concurrently with the execution of this document, the Company has executed a Promissory Note promising to repay said sum to Fulton County, together with interest at the rate of 4% per annum due and payable in full, principal and interest, in one payment three (3) years from the date of said Promissory Note. The parties agree that this Loan Agreement shall be construed together with the Promissory Note and any default under the terms of this Loan Agreement shall be construed as a default under the terms of said Promissory Note and any default under the terms of this Loan Agreement shall be construed as a default under the terms of the Promissory Note. 2. For the purposes of this Loan Agreement, the term Qualifying Employee shall mean a full time employee of the Company whose primary base of operation in the work they do for the Company is from the Rochester office of the Company. Upon the due date of the payment of said Promissory Note, said Promissory Note, together with interest thereon, shall be forgiven by Fulton County in the event, and only in the event, that all of the following terms and conditions have been fulfilled: A. Throughout the year immediately preceding the third anniversary of the signing of the Promissory Note, the Company averages no less than eight (8) Qualifying Employees. In order to establish this average, the Company shall have the burden of establishing the number of Qualifying Employees in each of the pay periods of the Company in the year preceding the third anniversary, and dividing said total Qualifying Employees in all such pay periods by the number of pay periods in the year results in a quotient of not less than 8. The Qualifying Employees are not less than ten (10) on the third anniversary of the signing of the Promissory Note and have been not less than ten (10) for the two months immediately preceding the third anniversary of the signing of the Promissory Note. The total payroll of the Company for Qualifying Employees for the year mmediately preceding the third anniversary of the signing of the Promissory Note is not less than $360,000.00. In establishing said amount, the Company can only use those amounts paid to the Qualifying Employee and expenses such employers share of the Social Security or employers contributions to an employees retirement plan shall not be counted toward said amount. The Company shall have the burden of establishing that the above requirements have been satisfied by means of payroll records, or other credible and verifiable documentation. Until the Company has provided such documentation to the satisfaction of Fulton County, the Promissory Note shall be deemed to be fully owed and payable to Fulton County. The Company shall provide service worth at least $10,000.00 to FEDCO within three years of the signing of this Agreement. This Loan Agreement shall not be sold, transferred or assigned by the Company to any other person, firm or entity without the written consent of Fulton County. In the event that there are any tax consequences as a result of this transaction, including but not limited to tax consequences arising out of the forgiving of this loan, together with interest thereon, the Company agrees that it shall be solely responsible for any such tax consequences and will hold Fulton County harmless as to any tax consequences. WTH Engineering __________________________________ Fulton County, Indiana ___________________________________ Richard A. Powell, Commissioner President Fulton County, Indiana ___________________________________ Christopher Sailors, Council President SIROLLI INSTITUTE: Mike explained that it has been said that we are not going to see manufacturing jobs that have left the country, return. He said there is a law of economics, it is not likeable, but it does exist; and that it is that the markets will go to where the labor is cheapest. He continued to explain, noting local businesses that started out small and have expanded, e.g., Gaerte Engines, Andersons and Machine Casting Specialists. He went on to elaborate and told how it compliments other aspects of Economic Development. There was a lengthy discussion, and noted that the Sirolli program is not competition, but what could be a very profitable addition to the Countys economic development efforts. The extent of the countys commitment would be $10,000.00 per year for 3 years as part of the grants local match. The three-year $300,000.00 Program is incorporated in RESOLUTION #012004. Roger Rose read in title only. RESOLUTION #012004 For the Support of the Development Of an Enterprise Facilitation Program WHEREAS, it is in the best interest of our community to help develop and nurture the existing businesses in the area, and WHEREAS, it is also in the best interest of the community to nurture and support the endeavors of those who have a passion for entrepreneurship, and WHEREAS, our community has seen the best sources of job creation and economic development often come from within, through the efforts of our own citizen entrepreneurs, and WHEREAS, our existing local economic development efforts can be strengthened by that additional resources to provide intensive, individual, and personal training, direction, and mentoring to entrepreneurs, and WHEREAS, grants are available through the Sirolli Institute and the National Association of Rural Communities to six communities across the United States to help fund the training of a local management board and an Enterprise Facilitator; THEREFOR, be it resolved that: The Fulton County Board of Commissioners supports the establishment of an enterprise facilitation project in our community; and also hereby supports the efforts to obtain assistance through the National Enterprise Facilitation Demonstration Project from the Sirolli Institute and the National Association of Regional Councils; and pledges support for this endeavor if our community is chosen as a Demonstration Project. Approved this 20th day of January, 2004. ______________________________ Richard A. Powell ______________________________ Roger D. Rose ______________________________ Leslie R. Walters Attest: __________________________________ Denise J. Bonnell, Fulton County Auditor Roger Rose made a motion that the Fulton County Board of Commissioners approves Resolution #012004. Leslie Walters seconded this motion. Motion passed 3-0. Mike Busch then presented Richard Powell a letter of introduction to the North Central Indiana Enterprise Facilitation National Demonstration Proposal, for Rich to sign, which will accompany the Grant Application. Roger Rose made a motion that Richard Powell, President of the Board of Commissioners is authorized to sign the letter of introduction, to the Sirolli Institute to accompany the Grant Application as Mike Bush just described. Leslie Walters seconded this motion. Motion passed 3-0. Mike said he would keep the Board inform as to the Grant process, and Mike stated the letter would be in the mail next Thursday, January 29th 2004. Mike Bush gave each Board Member a copy of the County Loans: He reviewed them with the Board. FEDCO is currently managing five (5) loans with the County; plus the one WTH Engineering FEDCO will manage on behalf of the County. Mike said he would continue to review these loans with the Board every six months. WTH Engineering: Rex Jones said he would give the Board a quick update. He stated within ten days or so they should be ready to open. He spoke about the Data Sharing Agreement. He said there would be requests for data from Title Companies, REMC and others, which WTH has worked with in Indiana. He said all this data is easily accessible as it is electronic; WTH has created a system called Synchronization. He continued to explain what the sharing of information is all about. He said there are two documents to allow this data sharing to happen. He told the Board this was of no expense to the County, in fact he said, there is income to the County as a result of this action. There is no administrative responsibility, no expense, WTH Engineering does all this and in turn gives the County one-third (1/3) of the revenues that come into WTH Engineering. Rex said in order for this to be in force, the County Council has to pass an Ordinance that states the County can accept that money and where it is to go. Rex showed the Ordinance and explained the information it contained and how it is to be carried out. This is done by application, which would go through the Auditors Office to the Board of Commissioners for their decision, approval/disapproval. Attorney Heller asks the question, how does this work with the Public Records Act? Rex said, their Attorney has researched this all thoroughly; the law is very specific, and he explained; also, stating the Public Records Act has been changed. This was discussed. There is an Electronic Map Data Sharing Agreement to be reviewed and signed by the Board. Rex explained this as well. The consensus was to put Rex Jones, WTH Engineering on the Agenda for February 2nd 2004 Commissioners Meeting to finalize the fee and to sign the Agreement. The Board took a short recess; the Board is back in session. Commissioners Minutes: The Minutes of the Commissioners Meeting December 31st 2003 were reviewed and a correction was made. The Minutes of Commissioners Meeting January 5th 2004 was reviewed and corrected. Roger Rose made a motion to accept the Commissioners Minutes for December 31, 2003 and January 5, 2004 both, as corrected. Leslie Walters seconded this motion. Motion passed 3-0. Encumbrance Request: Superior Court: #0101-201-1000-13 Court Administrator $ 91.50 #0101-201-1000-14 Extra Help $720.00 The Encumbrance Requests were reviewed and signed. Claims and Payroll: The Claims and Payroll were reviewed and signed for payment. Old Business: Roger Rose stated the Board had the proposal from WTH Engineering Services for $27,500.00, which Scott had presented for their consideration. Roger, as he was the one who reviewed and checked into the proposal, has determined that their services would probably not be used for any Drainage Board because Surveyor Don Towne has been working with Jeff Healey. Roger stated he feels you have to have a person who understands the work, and he explained further. This reduced the cost to $26,500.00. Roger then read the items of work covered, e.g. bridge design, culvert inventory, general engineering advice to the Commissioners, etc., infrastructures matters, general engineering calculations for specific situations, which commonly arise and are dealt with by County Engineers and preparation for requests for quotations for larger structures. Roger said when these items are totaled up and; deduct an estimated $10,000.00 for small bridge design and $6,500.00 that reduces it down to about $10,000.00; do Items #3, #4, & #5 constitute roughly $10,000.00 worth of work. As Roger continued to present his findings, he concluded by saying this is a very beneficial proposal for the County. Roger further stated by going this route, he feels it will demonstrate the Boards intent to address some of the more longer standing technical deficiencies, which would be in the best interest of the County. Roger said, this is now a company located right here in our area and he would expect prompt service. This was discussed and noted this could be an alternative to considering a County Engineer, which is something not within our reach. The consensus was to see if this could be paid out of Cum Bridge. The discussion will be continued to the February 2nd Commissioners Meeting. The Board signed two (2) Commissioners Quick-Claim Deeds, for real estate turned over by the County to the Town of Fulton. Attorney Heller reported on his findings, as request by the Board, as to the delegation of duties and powers between the County Council and County Commissioners. Specifically whether an Ordinance enacted that would adopte a particular chapter of the Codes that specifically assigned certain duties, would that eliminate the need of the Council having to pass an Ordinance modifying the positions and salary for the maintenance position. Gregs answer is that Council will have to do that regardless. When you are changing the number of positions, the Council will have to enact and adjust the Salary Ordinance. He went on to further explain and said an Ordinance will not change anything. Greg said it would not simplify anything. The discussion continued. Attorney Heller said it is up to the Department Heads to make the decision on staffing needs. The location and establishing section corners by a licensed surveyor was brought up. Attorney Heller said he would follow through on this and report back New Business: The Board discussed with County Attorney Heller the Mussell Survey that was included in their recent bid for Bridge #2. The costs involved were discussed. Attorney Heller stated if all parties involved in this contract were in agreement; he saw no reason the contract could not be modified. The consensus of the Board was to have Superintendent Scott Tilden look into the matter. This concluded the business transacted. Leslie Walters made a motion to recess. Roger Rose seconded this motion. Motion carried. Recessed at 10:35 p.m. FULTON COUNTY BOARD OF COMMISSIONERS _______________________________ Richard A. Powell, President _______________________________ Roger D. Rose, Vice-President _______________________________ Leslie R. Walters, Member Attest: __________________________________ Denise J. 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