ŠĻą”±į>ž’ XZž’’’W’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„Į7 šæ4RbjbjUU &j7|7|4N’’’’’’lFFFFFFF"\\\\ h<"‘¶°°°°°°°°$G g ¤6F°°°°°6FF°°K°.F°F°Ų8°ųų:P,FFŲ°¤ Š… ė Ä":\Ž"| Ųa0‘†R ! !ŲZtĪTFFFFŁFULTON COUNTY COMMISSIONERS MEETING March 15, 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 6:04 p.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 and County Auditor Denise J. Bonnell. Highway Department: Superintendent Scott Tilden presented Permit #03-105, from the Rochester Telephone Company, Inc. Scott explained the need for this Permit and the location of the work involved; also, he recommended Permit #03-105 for the Boards’ approval. Roger Rose made a motion to approve Permit #03-105 as recommended by Scott. Leslie Walters seconded this motion. Motion passed 3-0. Scott then presented Permit #03-106 from Waterborne Environmental, Leesburg, Virginia, and Christopher M. Harbourt, Ph. D., a Senior Agricultural Engineer. Scott explained their need for this Permit, located on a bridge on County Road 1100W where the road bridge crosses Mill Creek, approximately 0.2 miles South of County Road 400S. Scott read in detail, the work including a letter, which he had requested accompany this permit. The length of time for this Permit will be from April 2004, until December 2006. Scott explained the Federal EPA, requests this. Scott said he saw no problem with this Permit. Roger Rose made a motion to approve Permit #03-106 as recommended by Scott. Leslie Walters seconded this motion. Motion passed 3-0. Scott informed the Board he had received only two quotes instead of the three for the purchase of a new mower. Scott stated he felt he would have a third and asked the Board about waiting until the next meeting. This was discussed and the consensus was to put it on the Agenda for the Commissioners’ Meeting, April 5, 2004. Scott informed the Board he was preparing for Phase II Bridge Inspection to start in April 2004, and involving 58 structures that span over twenty (20’) feet. These are the ones that require a Federal Inspection every two (2) years. Scott said this is under the contract that we now have with American Consulting, Inc., and he read the letter he had prepared and sent to Mr. Porter, of the changes that were made on the bridges since April of 2002. This was discussed and he gave a copy of this letter to the Board. Scott discussed with the Board the purchase of a spray injection patching machine, called Maxi-Patcher costing $51,500. He stated there are over two hundred in the State of Indiana and he has talked to at least ten Counties that now own one; all the reports were good. He continued to inform the Board of the advantage this machine provides, it takes two men to run it; also according to the Federal Highway and the DOT’s this is the best patching method, most economical and the longest lasting. This was discussed and the benefits involved. In conclusion the Board gave their approval; also suggested Scott present this to the Council on March 16th for their approval. Scott reminded the Board of the Bid Letting, Friday March 19th 2004, 9:30 A.M., for the 3 trucks followed at 10:00 a.m. with the Asphalt Bids. The present condition of the roads was discussed and Scott said it is very severe. He stated they have patched a lot and have a lot more to go. He discussed this with the Board. The Board and Scott discussed “GASB 34”, Fulton County must comply in 2004; the board is waiting for a sample form from the Auditor of State. Scott said he had two employees with medical conditions; namely, Jessie Sutton and Kent Good. He updated the Commissioners regarding these men. Scott said in regard to his employee, Kent Good who will be off for Surgery about the 1st of April; Kent has not been employed with the County for six months. Scott asks the Boards’ permission that he could use his accrued sick/vacation time. Scott said he is having Hernia surgery and will only be off work a couple of days. Scott explained this in detail to the Commissioners, to conform to the Personnel Policy. This was discussed. The consensus of the Commissioners was to allow Scott to report Kent Good’s time off using accrued sick/vacation time, as discussed. Sheriff’s Department: Sheriff Roy Calvert presented his Monthly Activity Report for February 2004. The Board reviewed this report. The Sheriff stated the double bunks are being manufactured and should be installed by the end of March. The Sheriff said he is receiving quotes on the renovating of jail locks. He explained to the Board what they plan to do, with the present locks, as they are a magnetic lock. The Sheriff said they could discuss this when he has received all the quotes. He reported delivery on the cars within the next two weeks. This was discussed. The Sheriff stated he had several employees that have not had their Hepatitis “B” vaccine. He said there are nine (9) employees that need the series of shots at $24.95/shot. He said he has no fund on the line item for this, but it is mandatory. Sheriff explained this procedure as to how it has been handled in the past. Roy said he would be taking this to Council, but wanted the Board informed as well. Roy reported the Extradition Funds are going fast. He explained how he is trying to handle this, by doing it with their own people. This is an inmate being brought back from out-of-state. He continued to explain, stating he would be asking for a transfer of $5,000.00. Extradition is an order from the Courts, which can be from any location. County Clerk: Clerk Karen Miller stated there are new Federal requirements for what is known as a Provisional Voter. She briefly explains what constitutes a Provisional Voter and the Provisional Ballot. Karen further stated the Provisional Voter is allowed to check on whether or not their Provisional Ballot was counted; which requires a “Toll Free Number” and Federal Legislation stated that the Clerk’s Office shall permit the individual to call on a toll free number, which her office does not have. Karen said she has spoken to the telephone company, and the Clerk’s Office can have a “Toll Free Number”, that can be on their present Voter Registration Number; the cost is $2.50/month with an additional $0.11 cent per minute for in-State calls and $0.10 cents per minute for out-of-state calls. Karen stated for her to proceed with this regulation she needs approval from the Commissioners or Auditor to do so. Karen stated this is in effect with the 2004 Primary Election. This was discussed. The consensus of the Commissioners was for Clerk Karen Miller to proceed in compliance with Federal Legislation and establish a “Toll Free Number” for the Provisional Voter. Nyona Lake Conservancy Appointment: Rich stated they had three (3) names to consider for this appointment; namely, Gary Donaldson, Martin D. Hinman and Kenneth Roe. Commissioner Powell wondered if it would be alright to make this appointment at the next meeting, however, Attorney Heller stated the letter from the Conservancy District President was considered as a petition to make the appointment and that was done at the last Commissioners’ Meeting; therefore, the appointment must be made within fifteen (15) days of the petition, so it must be made at this meeting. This new appointment will be for a period of four (4) years. A discussion followed. Roger Rose nominated Kenneth Roe to the Nyona Lake Conservancy Board. Leslie Walters seconded this nomination. There being no further questions. The nomination carried 3-0. Kenneth Roe will be the new member of this Board. County Insurance Options: Agent Chuck Cloud spoke noting that for the first two months of this year, Health Insurance costs are below those of a year ago. He presented to the Commissioners the application on which he needs a signature, for the Contract that is currently in force, American National Insurance Company, a copy of which he left with Auditor, Denise. Mr. Cloud stated he would leave it with the Commissioners to review and when they are comfortable with it, go ahead and sign the Contract and return it to him. Mr. Cloud said he wanted to discuss one specific thing. He said there has been the creation of a Health Savings Accounts as of February 1st, similar to what was discussed last fall, as he explained again, a discussion followed. He suggested the Plan Modeling on changes be reviewed this year. Mr. Cloud stated another item coming from Washington is a movement toward creating multi-employer health plans. Mr. Cloud stated he had talked with a couple other counties that are insured; he told them, he feels we should all talk about forming one true health plan all together. He further stated this has created some interest; therefore, he will be sending the Commissioners an invitation to come to an organizational meeting with several other counties. He explained the advantages, as well as, the disadvantages. This meeting will be two weeks. ATV Legalization: Mark Gundrum, a southern Fulton County resident; also, acting as a spokesman for several Fulton County residences who would like to get ATV’s legalized on the County Roads. Mark gave the Commissioners documentation on “Legality of Riding ATV’s on County Roads. This packet contained a map of Indiana with a breakdown, showing which Counties do permit/do not permit riding; also, attached in the form of a petition, is signatures of the Fulton County residences/non residences that would like to see it legalized in Fulton County. Mark explained the contents as he went through the packet; then stated that basically he came before the Board to get it legalized for Fulton County. Mark said it costs the owners $10.00/year to register their vehicle with the DNR and it is done for a three-year period, which amounts to $30.00. Mark compared the similarity with that of boat registration. Mark further stated that all ATV’s have to be registered with the DNR; however that does not make it legal to ride in a County that does not permit it. Mark detailed the DNR requirements, and explained giving examples. Mark said there is a registration card with the numbers posted on the machine once it is registered. The Board asked Mark to leave a packet for the Sheriff to review. Rich said, since Mark took time to present this to the Board, they would review the information and make their decision. Mark Gundrum also left his telephone number 574-857-3008 to be contacted. Mark answered questions from the audience. Zoning-Enacting Ordinance: Director Casi Cramer gave each of the Commissioners a copy of the Enacting Ordinance and the State Law states that the first step is to come before the Planning Commission. There must be three readings of this Ordinance and then signed by the Commissioners; then the Akron Town Council also has their three readings and signs it. When this procedure is completed then the Area Plan has been enacted. Casi stated that during this time, as many of the other towns that might want to come in, can also adopt this same ordinance. This was discussed. The consensus of the Board was to have the 1st Reading now, the 2nd Reading, at the Commissioners Meeting April 5th and the 3rd Reading at the Commissioners Meeting April 19th and this was agreeable to Director Cramer. Rich then read Ordinance #031504. ORDINANCE NO. 031504 FULTON COUNTY AREA PLAN COMMISSION An Ordinance adopting the Area Planning Law for the County of Fulton. WHEREAS, the Fulton County Commissioners are desirous of improving the health, safety, convenience, and welfare of its citizens and to plan for the future development of Fulton County to the end: (1) that highway systems be carefully planned; that new communities grow only with adequate public way, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthful surroundings for family life; and that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds. WHEREAS, pursuant to Indiana Code 36-7-4-202(b) a county may adopt an ordinance adopting the area planning law, fix a date for the establishment of the planning department, and provide for the appointment of its representatives to the commission NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF FULTON COUNTY, INDIANA: That Fulton County hereby adopts the Area Planning Law as contained in Indiana Code 36-7-4. That the establishment of the planning department shall be fixed effective the date of enactment of this ordinance. That the Fulton County Area Plan Commission is hereby established whose membership shall be appointed pursuant to the Indiana Code 36-7-4. If any section, provision, of part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any Section, provision, or part thereof not adjudged invalid or unconstitutional. This ordinance shall be in full force and effect from and after its passage, and publication as provided by law. Passed and adopted by the County Commissioners of Fulton County on the _____day of ____________, 2004. ____________________________ Richard A. Powell, President ____________________________ Roger D. Rose, Vice-President ____________________________ Leslie D. Walters, Member ATTEST: ________________________ Denise J. Bonnell, Auditor, Fulton County Plan Commission Appointment: Rich said they would make the appointment to this Board to replace Jane Adcock who resigned January 21st 2004. Rich said they considered geographic representation in making this appointment. Following a discussion, Roger Rose nominated Tom LaFollette, from the Bruce Lake Area, for the appointment to the Plan Commission. Leslie Walters seconded this motion. There were no questions. Motion passed 3-0. Emergency Management: Director Susan Griffith introduced Brad Thatcher and Carlos Garcia with the State Emergency Management Agency were here as requested by the Board to give information on what the State is working on; also, the requirements that are coming down through Emergency Management to the local jurisdictions. A pamphlet was handed out. Brad Thatcher presented what pertains specifically to Fulton County. He said in July 2003 when 28 counties in Northern Central Indiana were flooded and declared Presidential Disaster Areas; Fulton County was one of the outlying counties of that flooding, so some funding was received under that Presidential Declaration. He went on to explain that was in individual assistance; some $10,700.00 in individual assistance for Fulton County residence. He credited Susan with the work she did in that instance. He then spoke of some of the State Funding and Sub Grants that have come down, some of which has been signed, accepting it in behalf of Fulton County. Brad spoke about Sub Grant FEMA FYO2 Supplemental. This is in relation to the attacks on the World Trade Center & Pentagon on 9/11. Indiana received over $2.1 Million dollars to do Emergency Planning that was a 75/25% split between State and Local Governments. Fulton County’s share was $15,697.00, Sub Grant. He details the requirements in order for the County to receive this money. He stated Susan has completed two of the deliverables and the third is very close to be completed, so the remainder of that money that has not already been sent will be by the deadline, which is June 2004. He continued explaining new programs the State is working on and the use of this grant money and requirements needed to receive this money. He detailed the time consuming process involved to meet requirements for this money. He stated for 2004 they are looking at some $44 Million dollars that the State of Indiana has received, Fulton County’s share of that is yet to be determined. He explained in detail. Brad stated the meaning of all of this is; there is a lot more work going to be done, which he explained. Carlos Garcia then spoke of the local requirements that the State Emergency Management has put on them. Carlos spoke of the Emergency Management Performance Grant and the requirements needed in what they called the Strategic Preparedness Plan. He spoke of workshops he will be in charge of starting in April 2004. He stated that by June 16th 2004 all ninety-two counties in Indiana will have a Comprehensive Emergency Plan and he explained. He spoke on the State Mutual Aid Agreement and the Emergency Management Accreditation Program. In summary he stated that Emergency Management is just coming to focus as a vital resource and a vital part of the response community, it is not just, Fire, EMS and Law Enforcement as it used to be. 8:40 p.m. a short recess was taken; back in session 8:47 p.m. WTH Digital Ortho-Photography Agreement: The Commissioners signed the Agreement with WTH Engineering for Digital Ortho-Photography having been reviewed and approved by Attorney Greg Heller. Commissioners’ Minutes: The Board reviewed the minutes of March 1st 2004 Meeting and March 3rd 2004 were reviewed. A correction was made on March 1st. Roger Rose made a motion to accept the minutes of March 3rd and March 1st 2004 as corrected. Leslie Walters seconded this motion. Motion passed 3-0. Transfer Request: Sheriff-County Extradition From 525.525.31006 Extradition $5,000.00 To 525.19000.000.525 Extradition-Personal Services $5,000.00 The Board approved and signed this Transfer Request. Claims and Payroll: The Claims and Payroll were reviewed by the Commissioners and signed for payment. County Funding Agreements: The following County Funding Agreements for the fiscal year 2004 were reviewed and signed by the Board. 4-H Council $12,500.00 4-H Fair Board $ 5,000.00 Monthly Report: The Board received and reviewed the Veteran’s Report for the month of February 2004 from Service Officer Richard P. Bair. Old Business: Leslie said that in regards to the purchase of property, Attorney Heller was going to check to see if the Commissioner’s need to go through an Executive Meeting. Leslie said he has received two local appraisals. This was discussed. Roger asks about the progress on the trimming of the trees? Rich said the trees have not been marked. This was discussed. Rich asks if the Health Department was informed of the Boards’ decision regarding vacation days for part-time employees. Leslie said, he was asked and he had informed them of the Boards’ decision. Denise asks the Commissioners if they found their copy of E-mail from Jerry Caylor concerning a representative, James Lauer with Schnelker Engineering being present at the April 5th Commissioners’ Meeting regarding the proposed sewer project at the Nyona South Mud Lake area. Yes, they all received it. Mark Kepler a member of the Zoning/Advisory Planning Board wanted to make the Board of Commissioners aware of a life threatening letter that Plan Director Casi Cramer had received from a Fulton County resident concerning the Tam hog operation. It was noted that this could be a criminal offense and should be taken seriously by the Board. A copy of the letter has already been provided to the County Attorney by Casi. 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. 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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