ࡱ> gifY eobjbjWW &==ek]jjjjjjjbbbbb nLboqqqqqq$`Tjjj jj78~rrjjjjojV @jj7xzDbb + FULTON COUNTY COMMISSIONERS MEETING February 17, 2004, 6:00 P.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 6:00 p.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R. Walters; also, County Auditor Denise J. Bonnell and County Attorney Greg Heller. Highway Department: Superintendent Scott Tilden presented a set of Specifications for Bids on the tandem axle truck, single axle truck and the one-ton truck; also, the Spring Asphalt Supplies, as well as, the advertising for all. Scott stated the date to receive these bids is March 19th 2004, starting with the trucks at 9:30 a.m.; the Asphalt will start at 10:00 a.m. Scott then presented a sample of the revised County Form to be used for all County Bidding. County Attorney Greg Heller said he had looked over the revised form and gave his approval. Scott said he and Auditor Denise worked on the form, which can be used for any Fulton County Government entity doing a Bid Letting; he is asking the Commissioners to adopt this Fulton County Bid Form. Leslie Walters made a motion to adopt the New Fulton County Bid Form designed by Scott and Denise. Roger Rose seconded this motion. Motion carried 3-0. Scott presented two letters, which he prepared in regards to Bridge #2, Project BRO-9925, and Des.No. 0100352, this letter to INDOT from the County stipulates the selection of the Resident Project Representative full time. Scott read this letter, which the Commissioners signed. The other letter is to INDOT from the County notifying them of the Request for Proposals, including the names and addresses of the firms, sent out for this same project. Scott explained this thoroughly to the Board and they reviewed the letter, which they all signed. Scott said he had reviewed the Sewer Plans of Nyona Lake /South Mud Lake, from the Conservancy District. He stated he had also talked with Surveyor Don Towne; also, Scott says there are other concerns that the residences have. He stated there is to be 7,055 sq. yds. approximately 1746 tons of asphalt, replacement where the road cuts are made. He explained the roads, involved in this work and their condition. Scott said there is seven ditch crossings; the Surveyor was concerned with three of them. The discussion continued. Petition To Fulton County Commissioners: Richard Smith who lives on North Lake Shore Drive, Macy, IN., presented the Commissioners with a Petition to postpone finalization of plans on the conservancy of Nyona-South Mud Lake Sewer system. Richard Smith stated they are not against the sewer, they need it; however, they want answers to a lot of concerns they have. Richard Smith was asked if they had gone to the Conservancy Board; he said yes they had been but it didnt help. Mr. Smith said they have listed their concerns, which are about sixteen; he further stated, there are several residents not concerned with the answers. Mr. Smith stated the Petition he presented to the Commissioners is exactly what was presented to the people. The Board asked Attorney Heller to comment. Attorney Heller said since this is a Conservancy District, he questions what jurisdiction the Commissioners have to overrule the Conservancy Board. Attorney Heller explained, State Statue sets up the Conservancy Board and he questions whether the County Commissioners have any power to affect any decisions made by the Conservancy Board. This was discussed. Richard Smith said the ones who signed the Petition were asking if the Board could say how much time it would take to get answers to their questions, in the petition? The needed permits, etc were discussed. Mr. Smith stated when asked, if that they had presented this same petition to the Conservancy Board, he said yes, it was tonight; the same as presented to the Commissioners. The discussion continued. Rich stated that Ron Roe has asked to be present at the Commissioners March 1st Meeting. Mr. Smith said they just couldnt get any answers as to costs, etc. There was a discussion regarding easement grants. Attorney Heller said he could see they had valid concerns but there is only so much the Commissioners can do, as they do not have power over the conservancy board. Rich stated that Mr. Roe had asked the Commissioners to attend the Conservancy Meeting and Rich said they would, if they could, which would be Monday. Richard Smith thanked the Board. Sheriffs Department: Sheriff Roy presented his Monthly Activity Report, stating he had prepared a listing of Bookings for the month of January. There were 65, which he explained along with the 359 Civil Processing and 394 Reports of incidents. The average population was 49 for the month and he continued reviewing the report. The Sheriff said they have set a date to put in the double bunks, from the middle to the later part of March, it will be done. They have set a goal on the locks; at least a person who will say they will start the project, also, later part of March. The Sheriff reported on the inmates that are on the work program. The Sheriff said these inmates are working voluntarily. The Sheriff reported again on the sewage backup in January. He stated the cost involved when they have to hire the work done. The Sheriff asked Attorney Heller to review a copy of the Criminal Code written for the State of Indiana, regarding reimbursements of prisoners. He explained, this is probably another avenue to retrieve some of the costs. This was discussed. Sheriff stated he would present this to the Council. Plan Commission Appointment: This was discussed and the appointment will be on the Agenda for Commissioners Meeting, March 1st 2004. United Consulting: Jeff Larrison introduced himself and passed out brochures. He stated this is a full service-engineering firm, and Fulton County is included in his territory and just wanted to introduce himself to the Board. A short recess was taken/Board back in session. WTH Engineering: Rex Jones presented extra copies of the Data Map Sharing Agreement. He is asking the Board to sign this Agreement. Rex reviewed the Agreement and the fees, which were previously discussed. Roger Rose made a motion to enter into an agreement with WTH Engineering to establish an Electronic Map Data Sharing Agreement. Leslie Walters seconded this motion. Motion carried 3-0. The Commissioners signed this Agreement. Richard Powell referenced the reading of, Joint Ordinance #021704 that was before the Commissioners. Roger Rose made a motion to suspend the rules and go to a second reading. Leslie Walters seconded this motion. Motion carried 3-0. Richard Powell read, Joint Ordinance #021704. The third reading of Joint Ordinance #021704 will be the March 1st 2004 Commissioners Meeting. JOINT ORDINANCE #021704 An Ordinance of the Fulton County Board of Commissioners and Fulton County Council establishing fees for electronic map data created and maintained by Fulton County and restricting certain commercial reproduction of said electronic map data. WHEREAS, Indiana Code 36-1-3-8(a)(6) and Indiana Code 5-14-3-8(j) provides that a public agency may establish a fee for the provision of copies of electronic map data; and, WHEREAS, Indiana Code 5-14-3-8.5 provides that the fiscal body of a political subdivision may adopt an Ordinance to establish an electronic map generation fund for the deposit and use of funds collected for the provision of electronic map data; and, WHEREAS, Indiana Code 5-14-3-2 defines direct cost that may be charged by a public agency for providing a duplicate of electronically stored data onto a disk, tape, drum, or other medium of electronic data retrieval; and, WHEREAS, Indiana Code 5-14-3-2 defines electronic map as copyrighted data created and provided by a public agency from an electronic geographic information system; and, WHEREAS, Indiana Code 5-14-3-2 defines personas an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity; and, WHEREAS, Indiana Code 5-14-3-3(e) provides that a political subdivision may enact an ordinance prescribing the conditions under which a person who receives electronic data may or may not use that information for commercial purposes; and WHEREAS, it is in the best interests of the citizens of Fulton County that both the Fulton County Board of Commissioners and Fulton County Council approve the terms of this Ordinance to conform to the terms of Code 5-14-3. IT IS THEREBY ORDAINED by the Board of Commissioners of Fulton County and the Fulton County Council as follows: 1.Title and Definitions This Ordinance and any parts herein shall be known as the Fulton County Electronic Map Ordinance. In accordance with Indiana Code 5-14-3-2. person as used in this Agreement is defined as an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity, and electronic map data as used in this Agreement is defined as copyrighted data created and provided by a public agency from an electronic geographic information system. 2. Fee Schedule Pursuant to Indiana Code 5-14-3-8(j) the County may charge a fee, uniform to all persons for providing electronic map data that is based upon a reasonable percentage of the Countys direct cost of maintaining upgrading and enhancing the electronic map and for the direct cost of supplying the electronic map in the form requested by the person(s). In the case where disclosable and nondisclosable electronic map data are combined, Indiana Code 5-14-3-6 provides that the County may charge a reasonable fee for the Countys direct cost of computer programming to separate disclosable from nondisclosable electronic map data. It is hereby established by the Fulton County Commissioners and County Council that the initial fee schedule for the transmission of electronic map data is as set forth in an attached Fee Schedule that is incorporated by reference herein. If the County contracts with a third party contractor to handle the transmission of County electronic map data, the third party contractor shall receive 2/3, and the County 1/3 of the fees charged the person for electronic map data. This fee schedule shall be reviewed on an annual basis and may be changed on an annual basis to reflect the change in the cost in providing the electronic map data. 3. Exceptions to Fee Schedule Pursuant to Indiana Code 5-14-3-8(k) the fee charged by a County to cover the costs for maintaining, upgrading, and enhancing an electronic map may be waived by the Board of Commissioners, in whole or in part at its discretion if the use of the electronic map data will be used for a noncommercial purpose, including the following: Public agency program support, Nonprofit activities, Journalism, and/or Academic research. 4. Third Party Contractor In accordance with Indiana Code 5-14-3-3.6, electronic map information may be provided to person(s) through the Countys own computer gateway, or by agreement through a computer gateway of a third party contractor. Indiana Code 5-14-3-3.6(e) provides that a contract entered into under this section may require the payment of a reasonable fee to either the third party contractor, the County or both. In accordance with Indiana Code 5-14-3-4, neither the County nor the third party contractor shall disclose electronic map data that is specifically excepted from disclosure requirements. 5. Payment Where the County is using its own computer gateway for the provision to person(s) of electronic map data, payment shall be made by the person(s) at the time of delivery. Where the County has entered into an agreement with a third party contractor to provide electronic map data through the third party contractors computer gateway, the third party contractor shall handle the billing and invoicing of the fees charged and shall agree to send by U.S. mail that portion of the fee due the County to the Countys Electronic Map Generation Fund within 10 business days of the receipt of payment of fees to the third party contractor by the person(s) making the purchase. 6. Compliance with State Statues Nothing herein shall compel any office or their contracted third party contractor to charge a fee for copies if the fee imposed by this Ordinance is contrary to state law. In the event the fees in this ordinance are contrary to any charges established by State statue, the Statue shall apply. 7. Use Restrictions and Notice Pursuant to the provisions of Indiana Code 5-14-3-3(e) no person, other than those authorized in writing by the Board of Commissioners, may use the electronic map data provided by the County for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for these purposes. This includes the repackaging or assimilation of electronic map data for a commercial purpose in paper or electronic media. A person who uses information in a manner contrary to this Ordinance or a rule or ordinance adopted under Indiana Code 5-14-3-3 may be prohibited by the County from obtaining any electronic map data. The following notice regarding data ownership, restrictions, and qualifications shall be provided to every person that receives a copy of the Countys electronic map data. Fulton County electronic map data is the property of Fulton County, Indiana. All electronic map data supplied by Fulton County has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. The County does not guarantee the positional or thematic accuracy of the data. The cartographic digital file server is not a legal representation of any of the features depicted, and the County disclaims any assumption of the legal status they represent. Any implied warranties, including warranties of merchantability or fitness for a particular purpose, shall be and/or expressly excluded. The data represents an actual reproduction of data contained in the Countys computer files. This data may be incomplete or inaccurate, and is subject to modifications and changes. Therefore, the County cannot be held liable for errors or omissions in the data. The recipients uses and reliance upon such data is at the recipients risk. By using this data, the recipient agrees to protect, hold harmless and indemnify Fulton County and its employees and officers. This indemnity covers reasonable attorneys fees and all court costs associated with the defense of Fulton County arising out of this disclaimer. The recipient may copy this data into computer memory or onto computer storage devices and prepare derivative works from it for the recipients own use. Pursuant to the provisions of Indiana Code 5-14-3-3(e), no person, other than those authorized in writing by the Board of Commissioners may use the electronic map data provided by the County for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by request to any other person for theses purposes. A person who uses information in a manner contrary to a rule or ordinance adopted under Indiana Code 5-14-3-3(e) may be prohibited by the Board of Commissioners from obtaining any electronic map data. Please refer to Fulton County Ordinance #021704 for any other restrictions on the use of electronic map data or penalties for the misuse electronic map data. A copy of the language contained in this section shall be conspicuously posted in all offices where electronic map data is sold in the County, and shall be provided to any person(s) (as defined by Indiana Code 5-14-3-2) who desires to purchase electronic map data from the County. 8. Use Violation Penalty Any person(s) who violates the terms and conditions of this Ordinance by failing to pay for purchased electronic map data shall be liable for total fee charged for the electronic map data plus attorneys fees and the cost of collection. Any person(s) who violates the restrictions on the use of electronic map data as set forth in Section 7 of this Ordinance shall be guilty of an infraction and may be fined by the County up to Two Thousand Five Hundred ($2,500), and each violation shall be deemed a separate offence. Also, in the event that there is an improper use of electronic map data as set forth in Section 7 of this Ordinance or in violation of State or Federal Law, the County may prohibit the person(s) (as defined by Indiana Code 5-4-3-2) from obtaining any electronic map data and seek injunctive relief from any misuse of electronic map data by the person(s) who originally purchased the electronic map data or any other person(s) who has received a copy of the electronic map data. 9. Electronic Map Generation Fund Pursuant to Indiana Code 5-14-3-8.5, the Fulton County Council hereby establishes the Fulton County Electronic Map Generation Fund. The Electronic Map Generation Fund shall consist of fees charged for providing electronic map data to person(s) in accordance with Indiana Code 5-14-3-8(j) and be subject to the appropriation by the Fulton County Council. In accordance with Indiana Code 5-14-3-8.5(b), all funds collected in the Electronic Map Generation Fund shall be specifically dedicated to the following purposes: The maintenance, upgrading, and enhancement of the electronic map. The reimbursement of expenses incurred by a public agency in supplying an electronic map in the form requested by the person(s). 10. Dispute Resolution Any person who has a dispute, or seeks relief from the terms of this Ordinance may seek resolution of that dispute or relief from the Board of Commissioners of Fulton County. 11. Ordinance Codification The Auditor of Fulton County shall cause a copy of this Ordinance to be codified in the Fulton County Code. 12. Effective Date This Ordinance shall be effective on the ___ day of _________, 2004, and all Ordinances in conflict herewith are repealed. PASSED ON THIS______ DAY OF______________, 2004 FULTON COUNTY FULTON COUNTY BOARD OF COMMISSIONERS COUNTY COUNCIL ___________________________ _____________________________ ___________________________ _____________________________ ___________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ ATTESTED BY: FULTON COUNTY AUDITOR _________________________________ The Commissioners having reviewed the Fee Schedule for the transmission of Fulton County Electronic Map Data, as set out in Ordinance #021704-A, assured Rex Jones they would take it with their recommendation to the County Council. Roger Rose made a motion that the Commissioners recommend to the County Council the Fee Schedule for the Electronic Map Data as presented by WTH Engineering. Leslie Walters seconded this motion. Motion carried 3-0. Rex said there was another issue, as he wanted to give the Commissioners a number for the Ortho Photography that had been discussed. He stated that the Pulaski Commissioners had approved it, as well as others. Rex stated this would be flown probably in the next thirty days. He went on to explain the 6-inch resolution would cost $54,000.00. This was discussed as to possible reimbursement. The consensus was to continue this discussion at the next Commissioners Meeting March 1st 2004. Commissioners Minutes: Minutes of the Commissioners Meeting, February 2, 2004, were reviewed and corrected. Roger Rose made a motion to approve the Minutes for February 2, 2004, as amended. Leslie Walters seconded this motion. Motion carried 3-0. Encumbrance Request: Cedit Fund: FEDCO; 211-31103-000-000 Professional fees-WTH Grant $ 30,000.00 211-31404-000-000 Business Expansion Project $ 15,000.00 Superior Court: 0201-3000.64 Maint. Com. Soft. $ 2,046.00 Transfer Request: Highway Department: From #702-22500-000-531 Stone, gravel & Aggregate $ 7,500.00 #702-22900-000-531 Road Signs $ 2,500.00 #702-22600-000-531 Culverts & Tiles $ 2,500.00 To #702-22201-000-531 Calcium Chloride $ 12,500.00 From #702-33900-000-531 Other Charges $ 51.13 To #702-33600-000-531 Rental Equipment $ 51.13 Commissioners: From #101-38500 Animal Testing $ 89.77 To #101-30013 TB Patients $ 89.77 The above Encumbrance Request and Transfer Request were reviewed by the Board and signed. Claims and Payroll: The Claims and Payroll were reviewed by the Board and signed for payment. County Funding Agreements: The following County Funding agreements for the fiscal year of 2004 were reviewed and signed by the Board. Council on Aging $ 7,000.00 Arrow Head Country Resource Conservation & Development Area $ 500.00 Fulton County Historical Society $ 3,000.00 Citizens Cemetery $ 6,500.00 Four County Mental Health $80,000.00 Marshall-Starke Dev. Center for Manitou Training Center $30,000.00 American Legion $ 600.00 VFW $ 600.00 Health Department: Roger stated that the Board had received a letter from the Health Department concerning vacation pay for a part time employee. The Personnel Policy states that a part time employee must work a full year before they begin to earn any vacation time. That is the countys policy. Auditor Denise said since the first of the year she has had a Supervisor/Department Head turn in sick time for an employee when they are not sick; they have gone on vacation. She said that inaccurate time keeping is becoming an issue because it has happen three times, three different offices since January 1st. She is asking the Commissioners what should be done, if anything? This was discussed according to the Personnel Policy. The Auditor said since she is the Payroll Administrator, where does she stand, paying someone when they are not working but the time sheet says they did? Does this fall under ghost employment? The Auditor said she has attempted to contact the State, but her call has not been returned yet. This was discussed. Attorney Heller said that we are not the sick police. The Board decided that the first action is to send out a memo to the Department Heads. The Commissioners will write this memo. New Business: The Board received the Monthly Report for January 2004, from Service Officer, Richard Bair for the Veterans Affairs. This was reviewed. The Board received the Monthly Report for January 2004, from Warden, Gene Baker for Animal Control. This was reviewed. Auditor Denise Bonnell said there would be a B Tax Sale on March 24, 2004, which are the properties that did not sell at the Annual Required by Law - Tax Sale. Denise explained that every year by the end of October we are required to have a Tax Sale. She stated ours was held in August A Sale and any properties that did not sell at that time, our eligible for a B Sale. The properties that do not sell at the B Sale are then eligible for a Commissioners Sale, which is what we have been having. She asked the Commissioners if the properties, that do not sell/or are not redeemed, does the Board want those added to the Commissioners Listing, where the title search is required, etc? She said this is a Commissioners decision to make. This was discussed. The consensus of the Commissioners was for the Auditor to prepare the unsold B Sale properties to be included in the Commissioners Sale. Auditor Denise Bonnell presented the Commissioner with a letter from H.J. Umbaugh & Associates regarding Fulton County Hospital Association First Mortgage Refunding Bonds, Series 2003; also, Continuing Disclosure Undertaking, which requires the Commissioners signatures. She read this letter and proceeded to explain and review the process before their signing. Denise stated she had received a check from General Casualties, repairs to a snowplow in the amount of $2,250.00 made out to Board of Commissioners and Craig Welding, she was not aware of any claims. This was discussed. Rich said he would look into the matter. The Board signed the Covered Bridge Certification this is done annually to keep an account of all covered bridges within the State. Old Business: Leslie Walters reported on the 4.3 acres owned by Bob Peterson stating Bob will get an appraisal/price and will let the Board know. This was discussed and Leslie Walters will proceed with obtaining the appraisals for the Board. Roger asked the Board about updating a previous proposal of a year ago by Steve Kasper, with Communication Consulting Services concerning telephone services. He gave Ron Thompson, Woodlawn Hospital as a reference. Roger talked to Ron and he said Ron was very pleased with their results, having reduced their telephone bill, just the hospital alone, about $2,000.00/month. He felt it was a very good investment. Roger felt since the County would be of a comparable size operation; they give some serious consideration to proceeding with Steve Casper. This was discussed and suggested to do more checking on the present charges the county is now paying. The Auditor stated that it is a huge job to dig back into the claims that are a year old, for an entire year and for that many offices since they are not all filed together. The year before last when they got that information for Mr. Kasper, it took the accounts payable person three days to get all the information that he requested. Also, she is concerned about who will they call for service if something goes wrong? The county has received excellent response and help from RTC on various issues including the DSL lines etc. Plus there is normally hidden charges from other vendors. Also, what about the long term ramifications of not doing business locally? Roger stated that he would talk to Mr. Kasper about doing the claim research himself as long as the Auditor didnt mind him getting into the claims files. Rich said the hospital would like to have a Joint Council & Commissioners Meeting to discuss, 1st Responders issue, meeting to be held in the Cafeteria at the hospital. The dates decided on were either March 2nd 2004 at 7:00 p.m. or March 3rd 2004 at 7:00 p.m. in Hospital Cafeteria. The Kings Lake Access was discussed, as it is the only drive-up access available. Attorney Heller will check this out. This concluded the business transacted. Roger Rose made a motion to recess this meeting. 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 J. 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