ࡱ> M bjbj== &WWlRRRRRRR'''''|1'''''''')1+1+1+1+1+1+1$`2 4O1R'''''O1'RR''d1''''R'R'08'')1'"',:i0,RR0'' 0 "''0 0z1010R5'"50'ffRRRRFULTON COUNTY COMMISSIONERS MEETING March 1, 2004, 9:00 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 9:00 a.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R. Walters; also, County Attorney Greg Heller, County Auditor Denise J. Bonnell and 1st Deputy Viki Lawson. Highway Department: Superintendent Scott Tilden was asked about the condition of the county roads. Scott said that possibly, in another week, he could answer this better, and he explained. Scott then presented the following Permits, all from the Rochester Telephone Company, Permit numbers #03-101, #03-102, #03-103 and #03-104. Scott read each permit giving the location and the description of the proposed work; also, he recommended all the permits for the Boards approval. Roger Rose made a motion to approve Permits #03-101, #03-102, #03-103 and #03-104 as recommend by the Highway Superintendent. Leslie R. Walters seconded this motion. Motion passed 3-0. Scott reported that he had a snowplow that had been severely damaged, on January 28, 2004. Scott obtained an estimate from Craig Welding of $2500.00. He said the cost of a new snowplow was $3798.00. He explained the insurance check would amount to $2250.00, leaving a difference of $1548.00 between getting a new one and repairing the old one. Scott explained why he was asking the Boards approval to take the insurance check and making up the $1548.00 difference, to purchased a new snowplow. This was discussed. Scott said he had some inquiries about the damaged plow. Scott wanted to discuss the FFA Auction with the Board, stating after reviewing the Equipment Inventory he had several items he would like to take to the Auction; and using the proceeds from the sale he could makeup the difference for a new plow, and mower, which he later explained. Scott provided the Board with copies of the equipment, for sale. He had eight items of equipment on the list and he explained the condition of each item and answered questions; also, Scott noted he needs to buy a mower, which should be under $5,000.00. He detailed the remainder of the equipment on the Equipment Inventory List. Following this discussion, Roger Rose made a motion that the Board allow Scott to sell the eight listed items as presented to the Board this morning; the FFA Auction will be April 6th, at the Fair Grounds. Leslie Walters seconded this motion. Motion passed 3-0. Scott will bring quotes for the new mower to the Commissioners Meeting March 15, 2004. Scott thinks its possible there may be enough proceeds from the sale to also cover the new mower, if not then he can do a simple transfer later on. The Board thanked Scott for keeping an inventory on equipment; also, getting rid of what is not used/needed. Scott talked about construction of Bridge #2 at Leiters Ford, for which he sent a letter to Sam Edging at the State; telling them of the Countys interest and that they would like to have the bridge completed this year. Bill Hawkin from Seico, the engineering firm that will supervise this project was also present. The Letting date is May 25, 2004; furthermore, he said if they can start the project by July 1, 2004 he sees no problem in having it completed this year, except for the spraying. This was discussed; also, discussed was the Clubshell Survey. Scott provided the Board with a copy of a letter he had sent to Robert Rhoades, Area Engineer, and Division of Design, INDOT. This letter included a detail of the invoices that includes the costs paid to American Consulting for preliminary engineering on Fulton County Bridge #2. Scott stated this information proves that the County is qualified for the 90/10 cost of the construction, which means we only have to pay 10% of the construction costs. Scott stated this backs up all his previous letters. This was discussed further. Scott introduced Bill Hawkins with Strand-Seico and the Commissioners signed the Construction Inspection Agreement at this time, two copies as required by INDOT. This was discussed. Mr. Hawkins informed the Commissioners that as soon as this bridge is let, the 10% costs would be due/payable, by way of information. Mr. Bill Hawkins stated he had everything he needed, all Agreements signed and notarized, which he will send to INDOT and after INDOTS final review these documents will be returned to the Commissioners for distribution; Bill stated they would receive those receipts shortly after that for their work on the Clubshell Mussels, before the construction actually begins. Bill Hawkins left one copy of the Agreement for Attorney Heller to review Nyona Lake Access: County Attorney Greg Heller reported on his findings as to whether or not it could be a Public Access; also, would the Commissioners want to make it make it Public. Greg stated he researched as to whether or not the Commissioners can make it public. He said as he stated before the answer really depended upon the original intent. He stated, when back in 1982 the Deed was signed by all the owners, at that time, actually conveyed that strip of land be dedicated to the public. He said in looking at that Deed which was signed by all of the owners at that time; also, there was some prior litigation involving this strip of land and actually that litigation resulted in this Deed and what led to that strip of land being dedicated to the public. Greg said in looking at those items and more recently looking at some statements that were signed by owners that were owners at that time also led him to the conclusion that the intent at that time was that the public have use of the lake; therefore for all of those reasons Greg said his opinion was that it can be made a Public Access Site. Greg reiterated what he had said earlier, the more important question is whether it should be. Greg stated that legally the County Commissioners could make it a Public Access Site. Greg further stated he offered no opinion as to whether the County Commissioners should do that, but he thinks legally they are the people that could do that because in his opinion, the original intent was that the public have use of that lake. He said he believes it becomes more of a Political question than a Legal question. Following Attorney Hellers report there were questions and a time of discussion. Attorney Heller stated that the purpose of being on todays Agenda was to find the original intent and the intent, at that time, was that the public have use of the lake. The Commissioners had previously heard Jerry Caylor commenting on a drawing prepared by the Engineer. Following the comments he asked if the Commissioners would like the Engineer to attend the next Commissioners Meeting. The Board said this would be a good idea. There were more comments both pro and con by those in attendance. These minutes have been recorded and are available. Residents present at this meeting were: Jerry Caylor, Karen Caylor, Ken Roe, Connie Smith, Byron Redmond and Ken Hutchens. Nyona Lake Access will be included in the Agenda for either the Commissioners Meeting, March 15th 2004 at 6:00 P.M., or April 5, 2004, depending on the available of their Engineer. They, meaning Nyona Lake residents, are to contact the County Auditors Office, phone number (574) 223-2912, with the correct date. Zone Map Hearing 10:00 A.M. Property Involved is: 1760 South State Rd 19, Akron, IN 46910 Legal Description is: W PT S D SE E 902 S SIDE, 24-30-4 Henry Twp., 18.23 Acres Board President Richard Powell called this Zone Map Hearing to Order at 10:00 a.m., E.S.T. Present for this hearing was Casi Cramer, Director of County Plan Commission; also, the Board of Commissioners, County Attorney and County Auditor. Absent, property owner Bruce Igo, telephoned Director Casi Cramer that he had car problems in route. Director Casi Cramer presented to the Board a Zone Map that she explained would change the Zone Map from a Rural Residential District to an Agricultural District. She stated the jest of this zoning recommendation is that one person owns all this, it is actually one property split in half and she explained. Mr. Bruce Igo, property owner was present at the Plan Commission Meeting and filed the petition. She said this is an RR District to change to an Ag District, with the map she pointed out the change to the Board and explained the 18.2 acres, which was not actually known as one whole lot. She explained the soils and read the law. She continued to explain the map. She provided the Board Members with a copy of the Certification that was approved by the Plan Commission and they recommended that the Commissioners approve this also. Theyre being no questions or further comments a motion was called. Roger Rose made a motion that the Commissioners approve the Rezoning of the proposed site in the Town of Akron from Rural Residential to Ag District as recommended by the Plan Commission. Leslie Walters seconded this motion. Motion passed 3-0. Director Casi Cramer stated she had spoken before about the town of Akron joining the County Plan Commission and Casi said they actually did take a vote to join the County Plan Commission. Casi stated the actual time-line and what needs to occur as far as legally. First, she said, the Town Council of Akron made a motion to move forward, voted on it to create the process and begin the Enacting Ordinance; taking the Enacting Ordinance before the County Commissioners to be voted on before taking it to the Plan Commission. Casi said in order for area planning to be legal both the County Commissioners and the Town Council of Akron must sign the Enacting Ordinance. Then that Ordinance is certified to the remaining incorporated towns in the county that have not already joined in the area. When the County Commissioners receive the Enacting Ordinance that would take three readings; then if it is approved, it goes back to the Town of Akron and they have to approve it, by three readings and once they do that; then the County Area Planning considers that legal. That Ordinance is passed on to the City of Rochester, then to the town of Fulton and Kewanna. Casi stated this would then let them know they are also free to pass a similar ordinance to join the Area Planning Commission. She explained further for the Commissioners how a Board maybe created. This was discussed. Director Cramer asked the Board if she could bring this Ordinance before them on March 15th 2004 for the 1st and 2nd Readings? She continued to explain and the time was discussed; also, any problems. The consensus of the Commissioners was to proceed and place the Enacting Ordinance for the Town of Akron, 1st and 2nd Readings on the Agenda for the Commissioners Meeting, March 15th 2004. President Richard Powell closed this Hearing. A short recess was taken, at this time. Board is back in session. Nyona Lake Conservancy: Rich said they have two names for this appointment, which he said would not be made at this meeting, and explained. Resident Ken Hutchens stated he is representing Ronald Roe, Chairman of the Nyona S. Mud Lake Conservancy District Board and presented a letter of information to the Commissioners from the Chairman; he read the letter, which included an attached letter and necessary signatures that is to serve as an application for the appointment of Martin D. Hinman to the District Board. Attorney Heller told the Board they had fifteen days to make the appointment, and explained. Following a discussion the Boards consensus was, the Appointment would be on the Agenda for the Commissioners Meeting, March 15th 2004. FEDCO: Director Mike Busch stated he was asking for Boards approval of the document he presented regarding Machined Casting Specialties receiving a $15,000.00 loan from FEDCO. Mike further stated regarding Machine Casting Specialties owned by Monte and Deb Hoffman began back in November 2003. Mike is presenting the Loan Agreement in the amount of $15,000.00 payable in one lump sum with a four (4%) percent interest rate over a four-year period. Mike read the Loan Agreement and Personal Guarantee. LOAN AGREEMENT AND PERSONAL GUARANTEE This loan agreement is made and entered into this First day of March, 2004, by and between Machined Castings Specialties LLC, Monte Hoffman, and Fulton County, Indiana. For good and valued consideration receipt of which is hereby acknowledged, the parties hereby agree as follows: Concurrently with the execution of this document, Fulton County has loaned Machined Castings Specialties LLC the sum of $15,000.00. Further, concurrently with the execution of this document, Machined Castings Specialties LLC has executed a Promissory Note promising to repay said sum to Fulton County, together with interest at a rate of 4% per annum due and payable, in one payment and in full, four 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 the Promissory Note. 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: The employment level of Machined Castings Specialties LLC is at least 15 full-time employees during the period from 90 days before the due date until the due date of said Promissory Note. Machined Castings Specialties LLC has continued its operations in Fulton County, Indiana during this four year period beginning on the date of this Loan Agreement. Machined Castings Specialties LLC purchases three additional CNC machines during the period of this Loan Agreement. D. Machined Castings Specialties LLC makes petition to the Fulton County Board of Commissioners at least 30 days prior to the due date of the loan, requesting that the loan be forgiven and presenting acceptable documentation that all conditions that have been agreed upon for the loan to be forgiven have been met. Fulton County hereby authorizes the Fulton Economic Development Corporation to take all necessary steps in order to administer this loan and to obtain necessary information from Machined Castings Specialties LLC in order to determine whether or not the terms of this Loan Agreement have been fully complied with. Machined Castings Specialties LLC agrees to submit to the Fulton Economic Development Corporation any necessary information requested by the Fulton Economic Development Corporation to determine if this Loan Agreement have been satisfied. All parties recognize that the Fulton Economic Development Corporation will share this information with Fulton County. In the event that there are any tax consequences as a result of this transaction, including but limited to tax consequences arising out of the forgiving of this loan, together with interest thereon, Machined Castings Specialties agrees that it shall be solely responsible for any such tax consequences and will hold Fulton County and the Fulton Economic Development Corporation harmless and indemnify Fulton County and the Fulton Economic Development Corporation from any such tax consequences. Monte Hoffman personally guarantees the obligations of Machined Castings Specialties LLC under the terms of the Promissory Note as well as under the terms of this Agreement. MACHINED CASTINGS SPECIALTIES, LLC ____________________________ By: Monte Hoffman, President FULTON COUNTY, INDIANA _____________________________ By: Richard A. Powell, President Fulton County Board of Commissioners MONTE HOFFMAN _____________________________ There being no further discussion; Rich called for a motion to approve of his signing for the Board. Roger Rose made a motion that the Board enters into the Loan Agreement and Personal Guarantee, by and between Fulton County Commissioners and Machined Castings Specialties LLC, Monte Hoffman, owner for the aforestated amount and in the aforestated conditions for the amount of $15,000.00. Leslie Walters seconded this motion. Motion carried 3-0. Richard A. Powell signed this Agreement. PROMISSORY NOTE $15,000.00 Rochester, Indiana For value received, Machined Castings Specialties LLC promises to pay to Fulton County Fifteen Thousand Dollars----------------------------------------------- Payment of this Promissory Note shall be due and payable four years from the date of the execution of this Promissory Note, with interest rate 4% per annum. The drawer and endorsers hereof severally waive presentment for payment, protest and notice of protest of this note. Interest hereon shall be computed on the principal as of the date set forth below. In the event this Promissory Note should remain unpaid after maturity and in the event the payee employs an attorney to collect the same, drawer shall be liable for reasonable attorneys fees and court costs. Dated this First day of March, 2004. Machined Castings Specialties LLC _____________________________ By: Monte Hoffman County Clerk: Clerk Karen Miller discussed with the Board Polling Sites for the 2004 Primary and General Elections. Karen then read, Resolution #030104 and explained to the Board the changes made. RESOLUTION #030104 POLLING SITES FOR THE 2004 PRIMARY AND GENERAL ELECTIONS PRECINCTS: POLLING SITES ROCHESTER PRECINCTS 1, 2, 3 FAITH OUTREACH CHURCH 1129 E 9TH ST., ROCHESTER IN ROCHESTER PRECINCTS 4, 5 WYNNFIELD CROSSING 1729 WABASH AVE., ROCHESTER IN ROCHESTER PRECINCTS 6, 7, 8 FULTON COUNTY FAIRGROUNDS COMMUNITY BUILDING 1009 W 3RD ST., ROCHESTER IN AUBBEENAUBBEE PRECINCT 9 AUBBEENAUBEE TOWNSHIP BLDG LEITERS FORD, IN HENRY I, II, III PRECINCTS 10, 11, 12 AKRON FIRE DEPARTMENT 206 W ROCHESTER ST., AKRON IN LIBERTY PRECINCT 13 FULTON COMMUNITY BUILDIG ST RD 25 SOUTH, FULTON IN NEWCASTLE PRECINCT 14 NEWCASTLE COMMUNITY BUILDING ST RD 245 NORTH, ROCHESTER IN RICHLAND PRECINCT 15 FULTON COUNTY HISTORICAL MUSEUM 37 EAST 375 NORTH, ROCHESTER IN UNION PRECINCT 16 KEWANNA FIRE STATION COMMUNITY ROOM KEWANNA IN WAYNE PRECINCT 17 GRASS CREEK FIRE STATION GRASS CREEK IN The Fulton County Election Board requests the approval of the above mentioned polling places for the 2004. Primary Election to be held on May 4, 2004. General Election to be held on November 2, 2004. Fulton County Election Board Charles Lee Riddle Robert Bridge Karen Miller Approved this 1st day of March, 2004. _____________________________ ______________________________ Richard A. Powell Leslie R. Walters _____________________________ ATTEST:_____________________________ Roger D. Rose Denise J. Bonnell, Fulton County Auditor Karen then proceed to inform the Board that the Election Board, after reviewing all of the Polling Sites came up with three site; namely, The Fulton County Museum, The Newcastle Community Building and the Fulton Community Building that have issues that need to be resolved due to the Handicap Parking. Starting with the Fulton County Museum, which has a gravel site with sidewalk cemented area, the Newcastle Community Building that which was referred to as chip-n-seal, very loose not a smooth surface now; Fulton Community Building an area up next to the building that is gravel, not a smooth surface. Karen stated having talked last summer with Scott Tilden, Scott said he would help; and Karen stated that this morning before he left she gave him the requirements as far as the dimensions for the Handicap Parking Lots, which she explained. Karen said these were the three sites and she feels this can be handled without any real problem. She further stated that two sites, Newcastle Community and the Grass Creek Fire Station, do not have handicap accessible restrooms and stated the way these two are presently will not work. She explained in detail. These two sites will definitely have to be addressed before the 2006 Election. Karen stated this is Federal Legislation. Karen read State Statue 3-11-8-3.1 the responsibility of the County Commissioners regarding Handicap Accessible Sites. Discussion continued. Karen informed the Commissioners that because Fulton County turned in for a Reimbursement Claim, Federal money, this is the reason they have chosen Fulton County to be one of the counties to have their Polling Sites Surveyed in this years election. She then explained the survey, eight pages, this will happen on the Primary Election Day; this will tell whether or not they pass. Roger Rose made a motion to approve Resolution #030104 detailing all the Polling Sites for the 2004 Primary and General Elections. Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed Resolution #030104. Superior Court: Judge Wayne Steele presented an Appropriation Request for a computer in the Court Reporters Office in the amount of $1200.00. He explained the age (put in service in 1998) and problems they are now having. The CSI technician has attempted to repair it but could only provide a temporary solution. Judge Steele discussed the problem with the Board. The consensus of the Board was to approve this Appropriation Request for Superior Court. Maintenance-Office Bldg: Custodian Joe Morrow asked the Board if they had received a bill for the Panic Button? Rich replied, yes. Joe said he called the gentleman back and was told he would erase that bill back to fifty ($50.00) dollars. Rich said that is what he was supposed to do. Rich told Joe that any office that needs Panic Buttons must come to the Commissioners. The heating & cooling system seems to be at a standstill. There was a discussion regarding the fresh air units. Joe said he cannot get in touch with anybody at Honeywell and he believes it goes back to the Architect. Joe asked about the plaster in the courtroom? There did not seem to be anyone in this area that does an area that large. This was discussed. It was noted while they are doing repairs this would be the time to soundproof the room. This was discussed. Joe said he would like to see a panel put on that wall behind the Jury; also, put paneling in Judge Steeles Office to match. This to was discussed and to obtain quotes for the work. Leslie Walters said he would get someone to quote; he wasnt sure how many. Roger Rose made a motion to recess for lunch. Leslie Walters seconded this motion. Motion passed 3-0. 2:00 P.M., Richard Powell called this meeting back in session. Commissioners Minutes: The Board reviewed the minutes of their February 17th 2004 Meeting; also, minutes of their February 18th 2004 Meeting. Leslie Walters made a motion to accept the Minutes of February 17th 2004; also, their February 18th 2004 as printed. Roger Rose seconded this motion. Motion passed 3-0. Communication Consulting Services, Inc: Rich stated that they wanted to look further into the monthly costs of the telephone bills. Auditor Denise explained that her office receives in one big envelope the bills for all offices, which are sorted and distributed to the respective office. Denise stated that today they were received and her office has spent nearly the entire day, separating and making copies to be used to analyze the cost. Steve Casper is the representative for this Service. Roger said he would contact him to let him know he can go through the past bills as they are all filed in one box, if he wants to review the records on his own time and costs. This was discussed and noted the survey would be mostly on long distant charges. Roger said he would contact Steve Casper and talk with him, as discussed today. WTH Engineering: Rich said they would have the third reading on Joint Ordinance #021704. This was discussed as having been read before the County Council also. Roger Rose made a motion to approve Ordinance #021704 which establishes the Joint Ordinance for the Data Sharing. Leslie Walters seconded this motion. Motion passed 3-0. 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 __________________________________ Monthly Reports: Auditor Denise informed the Board that Animal Control Warden Gene Baker left his Monthly Report for February 2004. Mr. Baker asked that Denise call him should the Board have any questions regarding his report. The Board reviewed and approved this report. Inspector Mike Early filed weights and Measurers Monthly Report. The Board reviewed this report. Additional Request: Superior Court: 101.31401.000.201 Computer Hardware $ 1,200.00 This additional was presented by Judge Steele earlier in this meeting and the Board by consensus approved this Additional Request. Richland Twp. Trustee/Assessor: 300 computer address labels & business envelopes $ 12.00 Ink cartridges f/computer & copier $ 90.00 Postage for 20 certified letter f/1133 (20x4.42) $ 88.40 Mileage for assessing (800 mi x .34) $ 272.40 Richland Twp. Trustee/Assessor: 300 stamps (.37 x 300) $ 110.00 The two above Additional Requests were discussed. The two Additional Requests were not approved and not signed by the Commissioners. Health Department: 801.39103.197 Training $ 1,000.00 Tobacco Grant 803.41003.000 Computer Equipment $ 2,000.00 Reassessment: County Assessor GIS $ 54,100.00 105.213.31401 Hardware Maintenance $ 600.00 County Council 176 Cagit Special Distribution 176.11030.000.176 Employee Raises 2004 $100,000.00 The above Additional Requests were approved and signed by the Commissioners. Transfer Requests: Health Department: Tobacco Grant 803.31008.00 Contracts Proposals $ 240.00 The above Transfer Request was approved and signed by the Commissioners. Claims and Payroll: The Claims and Payroll were reviewed by the Commissioners and signed for payment. New Business: Leslie Walters reported that after all the reports of sewer problems at the jail; he secured the use of a grinder and then was informed it does not happen in the same location all the time. This was discussed. Leslie also reported that his findings on the number of appraisals needed for the County on purchase of property is two (2). He has already made the (2) contacts and when they report back to him and he in turn will bring them before the Board. There was a discussion. Surveyor Don Towne reported that he had received a call from Miami County regarding the Bolley Drain and they have scheduled the meeting for March 22nd 2004 at 1:00 p.m. Old Business: Rich said the following Resolution #030104-A is for the financing of the Sheriffs Vehicles. Roger Rose made a motion to approve Resolution #030104-A Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed Resolution #030104-A. Resolution #030104-A WHEREAS, the Fulton County Commissioners have accepted quotes for the purchase of (2) Ford Crown Victorias and (1) Dodge Durango, and they were approved; WHEREAS, the purchase of said vehicles will be assigned to 1st Source Bank and is in the best interest of the Fulton County Sheriffs Department; and, WHEREAS, the borrowers name shall be listed as FULTON COUNTY GOVERNMENT; WHEREAS, the Fulton County Commissioners have examined the proposed loan agreement between the Fulton County Commissioners and 1st Source Bank; BE IT RESOLVED, that the vehicles listed in Exhibit A are hereby assigned to 1st Source Bank and the proposed Loan to 1st Source Bank for the vehicles specified in Exhibit A, provides for a fair and reasonable purchase for the use of such equipment by the Fulton County Sheriffs Department, and the execution of said Loan is necessary and wise. BE IT RESOLVED, that the execution by the Fulton County Commissioner President, Richard A. Powell and delivery to 1st Source Bank of the Loan in the form presented to this meeting including any and all loan supplements thereto with respect to the purchase of the vehicles authorized by this Board, are hereby authorized and approved, together with such changes in such Loan or loan supplements as may be approved as necessary or appropriate by the Fulton County Commissioners in order to carry out the transactions authorized hereby, with the execution of the Loan or loan supplements to constitute conclusive evidence of any such approval. BE IT FURTHER RESOLVED, that Fulton County Commissioner President, Richard A. Powell is authorized and directed to initial and date a copy of the Loan together with the loan supplement thereto and to place the same in the minute book immediately following the minutes of this meeting, and said Loan, together with any loan supplement thereto is made a part of this resolution as fully as if the same were set forth herein. BE IT FURTHER RESOLVED, tht Fulton County Commissioner President, Richard A. Powell, is hereby authorized and directed to execute the aforesaid Loan together with any loan supplement thereto on behalf of the Fulton County Commissioners together with any other documents required thereunder, including but not limited to Certificates of Acceptance, affidavits on behalf of the Fulton County Commissioners, Uniform Commercial Code financing statements and Internal Revenue Service Forms 8038GC or 8038G. Uniform Commercial Code financing statements and Internal Revenue Service Forms 803GC or 8038G. ALL OF WHICH IS RESOLVED this 1st day of March, 2004. Fulton County Commissioners ___________________________ Richard A. Powell ___________________________ Roger D. Rose ___________________________ Leslie R. Walters ATTEST: ________________________ Denise J. Bonnell Fulton County Auditor Auditor Denise presented on behalf of the Treasurer Judy Reed, a copy of the Proposed Fee Schedule fees collected in the Treasurers Office. This office did not have an Ordinance to Establish Fees and Councilman Harry Richter asked her to prepared one. She will submit this to the Council and the Auditor wanted the Commissioners to be aware of this and detailed the purpose. Auditor Denise asks if the Board was doing anything about the Plan Commission Appointment? The answer was no. Auditor Denise informed the Board she received a letter from H. J. Umbaugh & Associates reminding Counties about the GASB 34. She read and explained the contents of the letter to the Board and further said, that means Fulton County must comply in 2004. GASB 34 will be on the Agenda for the Commissioners Meeting, March 15th 2004. The Board signed several Commissioners Deeds as prepared by the Auditor. Rich asked Attorney Heller for his advice on the Heating/Cooling issue. Attorney Heller stated he had gone over the contract and he said according to the roles as defined in the contract, Spike was the Architect, which he explained; Christman was the Contractor. This was discussed and he stated if the Commissioners were to initiate any action it would be to the Contractor, which would be Christman and they were the ones responsible for the hiring of subcontractors for various parts of the project including the Heating/Cooling System. Attorney Heller said he thinks Christman subcontracted to Dodd and it is possible that Dodd may have subcontracted down further; if we are going to initiate anything it would go against Christman and he explained this to the Board and said that should have been done by Spike, which he explained. There was a discussion at this time regarding the problems and the best way to get the problems resolved. The conclusion was Spike would be asked to write Honeywell a letter requesting the Systems be corrected with 30 days. Richs said there is still the decision on the trimming of the trees on the courthouse lawn. The consensus of the Board was to proceed with the trees and ask for quotes on the trimming. The limbs to be removed will be marked. Attorney Heller said in reply to the question of using a Surveyor outside of the County to do the Corner Perpetuation Survey work, the answer he said is, yes we can. This concluded the business transacted. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion carried 3-0. Meeting recessed at 3:40 p.m. FULTON COUNTY BOARD OF COMMISSIONERS ________________________________ Richard A. Powell, President ________________________________ Roger D. Rose, Vice-President ________________________________ Leslie R. Walters, Member Arrest: __________________________________ Denise J. 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