аЯрЁБс>ўџ ]_ўџџџ\џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅСY ПfjbjbjѓWѓW &†‘=‘=ffџџџџџџ]8888888 (DуЖˆˆˆˆˆˆˆˆЈЊЊЊЊЊЊ$™є šЮ8ˆˆˆˆˆЮ№88ˆˆˆ№№№ˆ.8ˆ8ˆp8LhДh8888ˆЈ№€№p88pˆlр”и#2іУЖ:pFULTON COUNTY COMMISSIONERS MEETING February 2, 2004, 9:04 A.M., E.S.T., in the Assembly Room of the Fulton County Office Building. Meeting Called To Order: President Richard A. Powell called this meeting to Order at 9:04 a.m. E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R. Walters; also, Also County Attorney Greg Heller and County Auditor Denise J. Bonnell. Highway Department: Superintendent Scott Tilden reported the Fulton County Highway Department had received a Brush Chipper Grant through the Solid Waste Board, which was $24,700.00 and that it included the trade-in of the 1987 Ford 9” Chipper. Scott stated he was present at last months’ Solid Waste Board Meeting and he explained the process to the Commissioners. Scott stated at this same meeting there was a discussion regarding the continuation of the Community Host Fee for the Highway for $15,000.00 per month, it was voted and a consensus was given to continue with that. This was discussed. Scott said the last payment would be April 2004 and they would like to continue starting with May 2004 and go for twelve (12) months at the same amount of $15,000.00 per month. Scott reported he did receive a consensus from the Council at their January 21st 2004 meeting to proceed with the receiving of bids on March 19th 2004 at 9:30 a.m. for a Tandem Axle Dump Truck, a Single Axle Dump Truck and one ton an half Dump Truck; also to proceed with the financing for same, at the time needed. Scott reminded the Board that the Asphalt Bid Letting was to be at 10:00 a.m., on that same day, March 19th 2004. Scott asked the Board if they would be attending County Government Day? This was discussed. Scott said he has talked with Denise about our own County Bid Form. Scott said Form #95, as previously required by the State Board of Accounts, is no longer a requirement. Scott said after a conversation with Bruce Hartman with the State Board of Accounts he thought it would be a good idea to come up with our own County Form, approved by our County Attorney. Scott compiled a form, after a discussion with the Auditor, which could be used for all County Government needs, which County Attorney Greg Heller will review and report back at the next Board Meeting, February 17th 2004. Scott reported the five (5) bridges, #44, #45, #106, #156, #159, regarding the rip-rap and re-paving, all completed by the contractor, as of last week. Scott said he would have pictures for the Board to see by their next meeting. Scott stated he has received the Sanitary Sewer System Plans for the Nyona Lake Project and South Mud Lake Conservancy District. He will go over these plans and report back to the Board at their next meeting. Scott stated the reason these plans must come before the Board is because they are using the County Right-of-ways and he explained. Scott inquired about an Agreement with Seico as Consultants for Bridge #2, as he felt the deadline was February 10th. This was discussed. Scott said he received a Notice of Claim from Verizon, for damages to a pedestal box; this was an old claim. Scott said he would talk with the Insurance Company as to their response and report back. Sheriffs’ Department: Sheriff Roy Calvert stated that Scott is doing a good job on the County roads, they are snow covered but completely sanded and people can get around good; the crews worked the entire weekend. Roy reported regarding the double bunking project, as had been previously discussed; there are now local contractors looking at the double bunking; Roy said it appears we can do it for considerably less locally, about one-third less. Roy said he would like permission to proceed with that project, if the Board thinks it is advisable. Roy stated at the present they are down to thirty-five inmates, which he stated is super low, within the limits. Roy said he has a local contractor that will quote on the locks. This was discussed as well as the double bunking project. The Sheriff stated Craig Welding is the local contractor he referred to as they have been in this area for years. The discussion continued. The question of finance was discussed regarding the double bunking. The Sheriff said the locks were in the budget, but the double bunking was not. The Sheriff told the Board he has someone that is presently working on changing out some of the fans, that is in regards to the air exchange problem. He continued to explain this as to the exchange of filters, etc. Roy said there is a chemical barrel in the boiler room and he explained; now he has Herman & Getz looking into a system that would go along with their maintenance, which they will quote a price on. Sheriff stated he would not proceed without the consent of the Board. He explained this and it was discussed. The Sheriff said that the State of Indiana has given permission to do double bunking. The Codes were discussed and Roy said as long as we proceed with the existing structure that all we need to do is to keep up with the present Codes. He explained this to the Board. Roy said he had talked with the Council at their last meeting, regarding the double bunking; their reply was similar to the Commissioners, it is something that has to be done. Rich said the Commissioners would give Sheriff Roy the green light to proceed with this project. Roy asked about the financing for the three vehicles? The Auditor stated the Board is to decide on that at this meeting. Three proposals were received, which were opened and read aloud. 1st Source Bank, Rochester, $69,751.00 @ 2.4% interest rate - 3 years semi-annual payments, tax-exempt. Lake City Bank, Rochester, $69,751.00 @ 2.585% interest rate – 3 years semi-annual payments, tax-exempt. Indiana Lawrence Bank, Rochester, $69,751.00 @ 2.60% interest rate – 3 years semi-annual payments, tax-exempt. Roger Rose made a motion to approve 1st Source Bank, Rochester as the source for the financing of the three Sheriff’s vehicles in the amount of $69,751.00, with a 2.4% interest rate, three (3) years semi-annual payments. Leslie Walters seconded this motion. Motion passed 3-0. Rich said he did not get back with Mike Anderson regarding their Leasing Program. Nyona Lake Access: Attorney Greg Heller said he has not been able to complete his research as to ascertain the original intent on this matter. Greg stated he did have more information left at his office by Ken Roe. Attorney Heller said as far as this Board is concerned, it is a two-part question. One is legally can it be made a Public Access Site? Second question, do they, the Commissioners, want to? Attorney Heller said as to the first question, he wants to be sure he is on solid ground before he advises the Board they can do that legally, he is not in a position today to give that opinion. He went on to explain his thoughts on this. Ken Roe said he and six other individuals have lived in the first addition since 1982 that wanted the general public to have unrestricted use and access to the lake. At this time he gave additional information to Attorney Heller that he explained. He continued to talk regarding the sewer system since it is involved. The discussion continued. Karen Caylor, resident, Lot #7 had a question, is the land suitable, especially in the summer months, for this and she continued to talk and explain. She wanted to know if the public had a right to take the riprap that was placed there and throw it back in the lake? She stated this is a thirty-foot strip of land, is that adequate for parking, she continued to speak? Attorney Heller made the statement that all her comments were legitimate, but as he stated earlier it comes down to the two issues. He feels that the second issue can answer the questions she raised, should we do it. He went on to comment, stating the decision made should be done on its merits and not to settle a neighbor dispute. She then commented on the sewer issue. She left more information with Attorney Heller regarding the placement of the pump and she explained. The discussion continued. Property owner Byron Redman commented regarding the Conservancy Board. The discussion continued. Attorney Heller stated he wanted it clear what the decision would be about, the two issues, one, can it be done legally and second does this Board want to do it. Attorney Heller said, in four weeks he will be in a position to advise the Commissioners, can they do it; however he feels there are a lot more questions to be answered. After this discussion it was decided to put this on the Agenda for the first day meeting, which would be March 1, 2004. The Board recessed at 10:35 a.m. back in session 10:47 a.m. Building Ordinance: Public Hearing Continued-Building Ordinance Sue Fair Property President Richard Powell called this Hearing to Order. Present for this hearing, Building Inspector Gary Madlem; property owner Sue Fair was not present. Inspector Gary Madlem reported on the progress made on the property. Gary said there is one wall standing that she would like to maintain. Gary asked if he could get the Boards permission to send Sue Fair a letter saying if the wall is to remain and not be removed down to the bare slab, to start all over again; that the structure has to go back up within six (6) months not started, completed. This was thoroughly discussed. The house was also discussed in its present state. Roger Rose made a motion to enforce the Original Order on Sue Fair’s Property at Bruce Lake; Gary is to send Sue Fair a letter that the Board requires her to complete the demolition of the building, which she has done most of; also, to complete the demolition of the remaining wall. Leslie Walters seconded this motion. Motion passed 3-0. Roger Rose made a motion to close this Hearing. Leslie Walters seconded this motion. Motion passed 3-0. Hearing Closed. Tommy Williams-Kings Lake: To introduce himself, Tommy Williams stated he is School Administrator for the Gary Community School Corporation; also, heads the Alcohol and Drug Education Department for the Gary Schools He took the day off to come here. He stated he became interested in properties in Starke/Fulton Counties approximately four years ago, because the law, at that time, permitted the County Auditors to sell properties. Prior to that he had planned on going to Mississippi and building a Camp Ground Area. However, when this opportunity became available he decided to stay here. He said, in the year 2000, he had acquired several pieces of property in the Kings Lake Area, working closely with Terry Weiss of Daake & Associates. He reviewed the history of Kings Lake development, in the 50’s, it was to be a resort and he explained the deterioration. He went on to explain the problems that developed. Now with the passing of the New Zoning Ordinance, Item #6, which requires one-third of an acre for building on that 95% of the people could not do anything with their land. Mr. Williams stated he got an architect to develop a resort community, to put in park model structures under 400 square feet made by a company in Nappanee known as Breckenridge. He then found out from the Plan Commission that was not allowed, so he proceeded to talk with the Board about developing a place as a summer resort for the people that have an income that can afford these kinds of units. He stated they are sold all over America, self-contained; the usage would be minimum and he feels a lot of people would come in this community. He also showed to the Board that those pieces of property he has purchased have been put back on the tax rolls. Mr. Williams said to the Board since he has been in the area he has been treated like a human being. Everyone has been cordial, it’s a great community and he would like to be here along with a lot of other people, who would like to be in this community. He went on to explain the Kings Lake Area and what he is attempting to do with the help of Terry Weiss. He informed the Board of an area where the water backs up when it rains; and he feels if the County would dredge this ditch out it would allow the water to recede. He went on to explain the roads. He stated he is not asking for any money, just informing the County what he would like to do; he has also contacted the DNR regarding a cleanup; also, talked to Chris with the Soil Conservation. He asked the Commissioners for their support. Terry Weiss told the Board that Surveyor Don Towne said they need to do some work on the drainage ditch, in this area, he is talking about. It is an open county ditch. He went on to say that the Surveyor said they would open the ditch and cleanup the trash that has been dump there; also, the fallen trees. Roger asks if this drain was on maintenance; that is not known. This was discussed. It was noted this could be discussed at the Drainage Board Meeting, which meets on Monday, February 9th. It was noted that Rochester Homes is interested in this development as well. Terry Weiss said he has had to go back and resurvey the entire subdivision more than once and he explained this to the Board. Tommy feels this would generate income into the community. The discussion continued. Rich said they would be supportive and would get back with Tommy/Terry following the Drainage Board Meeting. Arrow Head Country Update: Tari Bateman stated she had already passed out the report prepared by Randy Moore. It highlights the projects worked on during the past year. She wanted to mention some new things. She said they are now Certified Grant Administrators for the Communities Focused on Grants that are distributed from the Indiana Department of Commerce. She explained the uses of the grants and stated they address a lot of issues. Also, they are bringing into Rensselaer in the later part of March 2004, a workshop known as “Fund Raising for Small Non-Profit Business” and sponsoring this with the Indiana Non-Profit Resource Network; it will be a 2-day workshop. She continued to explain the expansion of things they have done in the past. She stated on the Community Focus Fund Grants, it’s a ten-percent match, so the grant never can be paid out of the ten-percent or the actual fund. She went on to explain the fees. Tari said she is a Grant Consultant. Communication Consulting Service, Inc: Steve Kasper, whose primary purpose is the auditing of telephone bills, stated he was returning to see if there was interest at this time. He had been given information that Commissioner Rose had spoken with someone at Woodlawn Hospital about their savings. There was some discussion and the consensus was more time was needed: and to put this on the Agenda for the Commissioners Meeting, March 1, 2004. Fulton County Transpo: Director Terry Moore gave the Board an update, saying the numbers were still going up. She reviewed the Quarterly Report, which showed a fifteen (15%) percent increase for the same date over last year. She reported about fifty (50%) percent seniors and fifty (50%) percent public as the participants. She said this is a change from the past as the public becomes more aware of the system. Terry told the Board they have one of the new vehicles and are expecting another one in the next month or two that will bring the fleet to seven. She said one of the new vehicles is handicap accessible, as it has a ramp that will accommodate wheelchair patients. She reports an increase in funding for 2004; INDOT, as well as, State money; there should not be any need to ask the County for money. The question was asked of who sets the fees? Terry replied, they do and the fees are $1.00 within the City Limits and $2.00 if you live in the County, that amount is per destination. Senior Citizens are on a donation basis, as they are not allowed to charge the seniors. Terry informed the Board INDOT wants to keep the fleets updated, they pay 80% and we pay 20%. The Board recessed at 11:55 a.m., back in session at 12:03. Maintenance: Custodian Joe Morrow discussed with the Board the electrical regrounding of the Clerks’ Office in the Courthouse; Joe presented a quote of $875.00 from Bob Winterrowd that had originally done the electrical in this office. He explained the conduit and where it will be placed. This was discussed. The consensus of the Board was for Joe to proceed with this work as quoted. At this time, Attorney Greg Heller left the meeting. Joe Morrow informed the Board of a meeting on March 17th at 8:30 a.m., with D.A. Dodd, Christman Construction and Dan Cook. Joe stated they would go over the list that he sent to them regarding to the Heating and Cooling at both buildings. This was discussed. County Assessor: County Assessor Sandy Owens presented the Board with an Additional Appropriation, out of the Reassessment Fund for computer maintenance, for support in the amount of $15,000.00. Sandy stated this was part of a contract; however she did not have the bill in time to encumber this amount. The consensus was to approve this Appropriation. WTH Engineering: Rex Jones with WTH presented the “Electronic Map Data Sharing Agreement”. Rex asked the Board as to, whether or not there needed to be more discussion on the Agreement. Rex said regarding the previous discussion on fees for the aerials if someone wanted to purchase aerials; Rex stated about $750.00. The continuous updating of information $1500.00 per year and the aerials $750.00, the County would receive one-third (1/3) of this amount. Rex stated that amount should probably be made as a standard; he does not feel this is unreasonable. This was discussed. Rex went on to say, that Greg was correct in the language of the maintenance upgrading and enhancement of the data; not the creation of it and WTH Engineering Attorneys’ agreed. Rex stated these fees could be changed and recommended to the Board that they review this annually. Rex suggest to set up a separate fee schedule so if it is amended in the future that would eliminate doing the entire document. Rex said what he would like now is a consensus from the Commissioners that they will enter into this Sharing Agreement with WTH Engineering. Rich asks the others on the Board as to their thoughts? As the discussion continued, the consensus of the Board was to enter into this Agreement. Rex asks Assessor Sandy Owens when the aerials were flown and she stated the Spring of 2000. Rex said if the area is fast growing the aerials are redone every three years. This was discussed. Sandy wanted to know once the fee of $750.00 is paid, should they pay for updates. Rex said yes, and he explained and in addition explained the advantage of a counter top computer in one office; also as a nice alternative for those who cannot afford the fee. Rex stated on maintenance he would start to put it in for reimbursement. He explained this to the Board. The Board recessed for lunch at 12:45 p.m., back in session at 2:10 p.m. Plan Commission Appointment: Roger said he had the names of two individuals, but has not had the chance to talk with them. Roger stated since the political balance is even; the consideration is going to be geographic representation. He explained and it was discussed. This appointment will be put on the Agenda for the February 17th 2004 Commissioners’ Meeting. Commissioners’ Minutes: Minutes of the Commissioners Meeting January 20, 2004, were reviewed and corrected. Leslie Walters made a motion to accept as amended the Minutes for January 20th 2004. Roger Rose seconded this motion. Motion passed 3-0. Communications E-911: Steve Reese said they would talk about Fulton first as to what they want and he understands their concerns as he has talked with Mr. Gearhart. Their primary concern is in the Caston School Area, of not being able to talk back on their portable radios because there is no repeater in Fulton. Steve said there is a repeater in Grass Creek, Leiters Ford, Talma and Akron; Kewanna has only an EMS Link. Steve said they are now pursuing one for the Town of Fulton, which he explained. Steve said he figured what it would cost to do Fulton, just for equipment, for fire and police at the Fulton Site, as well as the equipment that has to come back to the Sheriffs’ Department. Steve said the entire cost is about $27,000.00. He continued to explain this to the Board. He said the Communications Board is in favor of the Fulton project, which he explained. Additional Request: Health Department: 805.21002.000.00 Other Supplies $ 300.00 805.24400.000.00 Computer Supply $ 2,000.00 805.32000.000.00 Telephone $ 5,150.00 805.31903.000.00 Training $ 3,000.00 805.41001.000.00 Computer Software $ 4,714.00 805.41003.000.00 Computer Equipment $ 9,900.00 805.44100.000.00 Radios/Equipment $ 600.00 Total: $24,664.00 807.12046.000.203 Employee Benefits $ 1,108.00 807.19003.000.203 Extra Help $ 5,544.00 807.21002.000.203 Other Supply $ 5,000.00 807.41000.000.203 Equipment $ 1,487.00 Total: $13,139.00 E-911: 1156.241.4000.11 Equipment $60,000.00 County Assessor: 123.12025.000 Software Maintenance $15,000.00 County Council: Host Fee 136.30041.000 Building & Other Insurance $175,000.00 CAGIT Spec. Dist. 176.11202.000 Wages (2) Jailers $47,540.00 176.12400.000 Social Security $ 3,640.00 176.12400.000 Perf $ 2,620.00 176.12046.000 Benefits Health/Dental $13,940.00 The above Additional Appropriations were reviewed by the Board and signed. Transfer Requests: Highway Department: From: 702.11202.000.533 Social Security-Mechanics $ 6,185.00 702.12400.000.533 Perf-Mechanics $ 4,570.00 702.1204.000.533 Health/Dental Insurance-Mechanics $18,825.00 To: 702.11202.000.530 Soc.Sec. Administration $ 6,185.00 702.124000.000.530 Perf-Administration $ 4,570.00 702.12046.000.530 Health/Dental Ins/Administration $18,825.00 From: 702.11202.000.531 Soc.Sec.-Mechanics $ 43,348.00 702.12400.000.533 Perf.-Mechanics $ 24,840.00 702.12046.000.533 Health/Dental Ins.-Mechanics $103,970.00 To: 702.11202.000-531 Soc.Sec. Hwy. Workers $ 43,348.00 702.12400.000.531 Soc.Sec. Hwy. Workers $ 24,840.00 702.12046.000.531 Health/Dental Ins.-Hwy Workers $103,970.00 The above Transfer Requests were reviewed by the Board and signed. Claims and Payroll: The Claims and Payroll were reviewed by the Board and signed for payment. Reports and Correspondence: The Board discussed a digital disc recorder, which Rich said; the company will come out and setup as a demo, to see if we like it, if not they will take it back at no cost to the County; the Cost to purchase is $1400.00. This would replace the present tape recorder. The Board discussed this information; also, the changing from tapes to discs, the costs of disc/tapes transcriber, etc. This was discussed further and the consensus was to have this company demo the digital recorder. Inspector Mike Early filed the Weights and Measures Monthly Report. This was reviewed. New Business: Leslie said he had received a call last week from Superior Court and when he went over there the paint/plaster on the walls was coming off. Leslie said the whole wall on the West side is coming off and on the East wall there are big pockets forming. This was discussed along with the condition of a toilet on the second floor of the courthouse. The Board discussed the trees at the courthouse that need trimming; also, asking for advice on trimming and shaping of the trees. This was discussed. The consensus was to look into this now, while the ground is frozen. Auditor Denise informed the Board of a new Shredder. She stated that she applied for the Grant through the Solid Waste District for a Shredder for the County Office Building. The Grant was approved and there is now a new Shredder. At the present time, it is in the Auditor’s Office for safety measures, as it could be dangerous to children if left out in the open. They discussed the location, as it is large and handles large volumes of paper. The shredder is on rollers so it can be easily moved around to the other offices and the other offices know this. Auditor Denise said that the clerk has received permission from the Public Records Commission of their approval of our records retention schedule. She will, if money and personnel allow, clean out all records approved for destruction. Shirley Willard has gone over the list and there is nothing she wants. Denise said these would be shredded and disposed of. Denise informed the Board of a new revised Handbook on Indiana’s Pubic Access Laws; this she downloaded and compiled for each of the Commissioners. Old Business: Rich informed the Board he had the contract with Atlas, who is fixing the steps at the courthouse; Rich said it required one signature and he would sign. This was previously discussed and approved. The Board talked about coffee in the break-room, nobody wants to supply the coffee. There was a discussion on taking the profits from the vending machines to buy coffee; Joe said there is no profit after the price was reduced to the employees at cost. This was discussed. The Board talked about the services provided by WTH Engineering. It was noted that WTH Engineering now being located locally is more cost effective, than going out of county. This was discussed and will be looked into. EngTH This concluded the business transacted. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion carried. Meeting recessed at 3:55 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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