ࡱ> OQNY wObjbjWW "j==wK] 4xzzzzzz$i]$$$$ @8ThTx$$@@`_PF @FULTON COUNTY COMMISSIONERS MEETING March 17, 2003, 6:20 P.M., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: President Richard A. Powell called this meeting to order at 6:20 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 Auditor Denise J. Bonnell. Highway Department: Superintendent Scott Tilden presented Permit #12-78 from Comcast of Indiana/Michigan 4045 Edison Lakes Parkway, Mishawaka, IN 46545. Scott read this permit, explained it to the Board and stated he had no problems with this permit. Roger Rose made a motion to approve Permit #12-78. Leslie Walters seconded this motion. Motion passed 3-0. Scott then reminded the Board of the Bid Letting, Friday, March 21, 2003, 9:30 a.m.which includes; two (2) dump trucks, dump bodies, hoist and hydraulics and crew cab pickup. At 10:00 a.m. will be the Asphalt Bids. Scott reminded the Board that the week of March 24, 2003. will be the Purdue Road School. Scott will be leaving Rochester Monday, 8:00 a.m. Scott reported on the damage done to the roads, due to the severe frost. Scott stated at this time he did not have figures on the cost of the damage. He stated the old roads show the most damage. The newer paved roads, while damaged are in better condition. Scott showed pictures he had taken of the damage and explained the roads to the Board. He stated when they can start the repairs, a time frame in which it will take to accomplish the repairs, as well as, the costs for this year. Scott wanted to bring the Board up to date on replacing the Culvert on the Whitmore Ditch, at Nyona Lake, located at County Road 350 East, Liberty Township, north of County Road 650 South. Scott and Surveyor Don Towne have been working on the process of submitting it for approval to the DNR and the Army Corp of Engineers. Scott stated he and the Board had previously looked at the plans. WTH Engineering drew up the plans giving a choice of culvert sizes. Scott stated he and the Surveyor wanted to go with the larger size, and explained why. He is asking the Board to sign the Title Sheet approving the plans, as he would like to proceed. Scott stated it will be sometime in April before receiving approval from the DNR and the Army Corp of Engineers, also, he would like to start the project by June of this year. The cost of the Project, as well as, the funding was discussed. The consensus of the Board was to sign the Title Sheet, which they did. Rich asked Scott about the Bruce Lake Fire Easement, and who is the owner. Scott thought it to be a Legal Easement. Scott will find out and report back at the April 7, 2003 Meeting. This is in regards to having the County maintain the road. Sheriffs Department: Sheriff Roy Calvert submitted his monthly report. He inquired of the Board if they had any questions on his monthly claims, there were none. The Sheriff stated he is awaiting approval of the Council to start on his plumbing project and their meeting is tomorrow night. Township Assessor: Rochester Township Assessor, Carol Loebig, stated she has submitted a Transfer of Funds Request. She explained why this was needed and how she would be able to use funds to make this transfer. Carol answered questions and further told of her plans in pursuing a Level Two Certification. By consensus the Board approved the request. Rails & Trails: Attorney Greg Heller reported on his findings regarding ownership of the old railroad lands. Attorney Heller first informed the people that Federal Law trumps State Law. He stated before a railroad can be abandoned, the Railroad Company has to obtain permission from the Federal Government and he continued to explain. The land being discussed is from Rochester to Peru. He said the Indiana Trails Fund has possession of that Line and as far as Indiana Law goes. This line has not been abandoned as to allow portions of this corridor to revert back to the property owners as it has already been decided by the Federal Government. All property owners along this Line should not be doing anything to that corridor since it does not belong to them. The question of Liability was discussed regarding Rails & Trails. His thought is Rails & Trails seems to have jurisdiction. Greg explained to be rail banked, means the government still has an interest in it, and that Line could be used again in the future for rail traffic. In that regard, the railroad technically owns it, but they have given that right over to the Indiana Trails Fund. Greg could not really say much about the liability issue; however, he does not see as the County having any liability. If the property owners have any concerns, they should take them to the Rails and Trails. This was further discussed. Again, Greg pointed out that the Federal Law trumps the State Law because they have made the determination this Corridor is to be rail banked. Discussion continued. Greg said from his findings, his perspective is that he does not see that the County has any involvement. It was also noted that Representative Bill Friend in Miami County is working on this, as well. Roger asked in view of Attorney Hellers findings is there anything the Board needs to do, like contacting the Rails and Trails Fund regarding the liability concerns? This was discussed. Councilman Gary Sriver felt it would be good to have a letter from our Insurance Company, Smith, Sawyer & Smith as an attachment to the letter from the Commissioners, regarding the liability. This was discussed. The landowners taking part in this discussion were Dan Peters and Steve Furnivall. It was also noted that the name has been changed to, Indiana Trails Fund and that is where the correspondence should be sent. At this time, an organization known as Friends of the Nickel Plate, which apparently meets monthly, was mentioned. This was discussed. The Board was given a telephone number for this organization. The consensus following this discussion was the Commissioners would write a letter to the Indiana Trails Fund about the liability concerns. Plan Commission: Director Casi Cramer took charge of the Public Hearing that was advertised for the Requested Approval of a Zone Map Amendment. Richard Powell asked if there was anyone present for this Zone Map Amendment Hearing? There was no one present for this hearing. Following the discussion, Roger Rose made a motion to approve the rezones as described in Resolutions #021003-A and #021003-B as recommended by the Plan Director. Leslie Walters seconded this motion. Motion passed 3-0. FEDCO: Director Mike Busch stated he would start in generalities. In 1998 the Airport received from FEDCO permission to use $140,000.00 to buy some property. It was decided by the Board of Commissioners at that time that the money would be paid back to the CEDIT Fund. He further explained. The land has now been sold (with the exception of 12 acres) and the proceeds from that sale were $114,535.00. Mike suggested to the Board that the County forgive the $25,465.00 that was short from the $140,000.00 when the property was sold. The sale of the property to Smiley amounted to $120,000.00. Mike stated there should be something in writing between the Aviation Board and Fulton County. Mike would propose some potential terms to the Agreement, such as, if that the remaining 12 acres is sold or no Federal Funds reimbursed to pay for acquisition of that land, then the $25,465.00 difference would be forgiven by the County and FEDCO. If the land is sold or they get reimbursed, then that reimbursement needs to come back to the County. Then as to what account the check will be deposited into. Mike explained his thoughts on this as to how it should be handled and a discussion followed. Auditor Denise said the check is made out to the Fulton County Board of Aviation Commissioners. Denise has a signed Claim dated back from 2000 to process, noting the money was only borrowed. Denise explained how, with the Commissioners agreeing, this should be handled. Councilman Gary Sriver gave his thoughts, also. This was discussed. Auditor Denise stated the Commissioners needs to tell her what they wanted her to do. Following this discussion, it was agreed that Denise would withhold $34,000.00 from the sale amount of $114,535.00. ($25,465.00 being forgiven) ($114,535.00 + $25,465.00 = $140,000.00) She will leave the $34,000.00 in the Aviation account, thereby giving them a short term loan of $34,000.00 to pay a two-year old invoice to E & B Paving as agreed upon. This was approved by Mike Bush and the Board. Denise said she would receipt in $114,535.00. She will process a Claim for $80,535.00 to repay FEDCO. Then she needs a signed Claim for the $34,000.00 from the Aviation Board when they will repay FEDCO for the short term loan. Roger Rose made a motion that they handle the proceeds from the sale of the Airport Property as described by the Auditor. Leslie Walters seconded this motion. Motion passed 3-0. Emergency Management: Director Susan Griffith informed the Board she had received some information from the State and two Agreement forms for Grants. Susan stated the Agreements are to be signed by the Board first before the application for a Grant is requested. Susan said this information must be to the State by April 10, 2003. If it is later than that date, no money will be received. This was discussed. The two grants are, Planning Grant in the amount of $15,697.34 and Emergency Response Team Grant for $2,798.60. There is no local match on these Grants. Susan continued to explain the Grants. She explained there are two options on the Planning Grant. Susan said a lot of the information she already has done. This was thoroughly discussed. There are two options on the Emergency Response Grant and Susan explained and this was discussed. Following this discussion, Leslie Walters made a motion to accept the Local Emergency Sub-Grant Agreement, and the Emergency Response Team Sub-Grant Agreement, subject to Susan Griffiths final determination on the Emergency Response Grant one and choosing Option #2 on the Emergency Planning Grant. Roger seconded this motion. Motion passed 3-0. The Board signed these documents. On a motion made by Roger Rose, seconded by Leslie Walters, and duly passed a short recess was taken. Rich Powell Called the meeting back to order. Communication Consulting Services, Inc: Steven J. Kasper, president of Communication Consulting Services, Inc., stated he audits telephone bills for customers. He is an independent consultant. He audits the local telephone bills and long distance to determine if the telephone costs can be reduced. Then he brings a written recommendation back to the Board as to what he has found. If the Board decides to go with his recommendation, he will implement the recommendation to show that you are saving money; also, when you start saving this money, Mr. Kasper said he receives 50% of the first years savings. He proceeded to give the breakdown of the costs. He stated he makes no money unless the County can save money. This is on a month-to-month basis for the period of one year. He also, told of his experience and that his services is used by several Counties. If the Board should decide to go with his services he would need; a one page service agreement, which he explained. It takes 3-4 weeks to get back to the Board with a recommendation. He stated at the present time he is working with Cass, Wabash, Starke and Marshall Counties. Following a period of discussion, the Board said Steven Kasper could check back next month, about this time, to see if the Commissioners are interested. GIS: Rich said in order to give a recommendation on a GIS program, the commissioners needed to come up with a Vendor. Rich proceeded to tell how the decision was made. Roger said WTH already has software in use with 911 & Planning Commission. The committee felt best that instead of having two systems, they would prefer to go with one. Roger did not feel a good case could be made to go with two different systems and he proceeded to explain. The question was asked what other companies had been looked into. Rich replied Schneider and Sidwell. Roger stated his concern about whose responsibility would it be to managing the project? Roger explained if you start in having to hire someone, that can get into some real big money and he went on to explain. When asked if WTH would be the systems manager? Roger said, they indicated that would not be a problem, in fact, that is what they have set their business up to do. Following this discussion, Roger Rose made a motion that the Commissioners recommend to the County Council to go with WTH as the provider for the Countys GIS Program when they proceed with it. Leslie seconded this motion. Motion passed 3-0. Rich said the consensus of the Board was by going this route, they would be spending less money and receiving more benefits. This will be funded from Reassessment money. Health Department: The Board of Commissioners received a letter from the Fulton County Board of Health, stating that all its members agree that Board Member Dr. Michael J. Brubaker serve as Acting Health Officer, effective immediately. In addition, Dr. Julius J. Sitjar serves as back-up Acting Health Officer. Health Officer, Dr. Craig A. Bugno was called to active military duty, March 1, 2003. Roger Rose made a motion to appoint Dr. Michael J. Brubaker as the Acting Health Officer effectively immediately, in the absence of Dr. Bugno. Leslie Walters seconded this motion. Motion passed 3-0. County Clerk: Auditor Denise said that Karen Miller gave her copies of her New Proposal to bring to the Board. This is regarding the price of computers being too high, which she had previously discussed with the Board. These prices are much lower. This was discussed, as Karen will go before the Council tomorrow evening, so she can proceed with the purchase. Leslie Walters made a motion to accept Karen Millers proposal in the amount of $2,270.00 for two (2) EVO D310 Computers, Service Agreement, Warranty and Maintenance Agreement. Roger Rose seconded this motion. Motion passed 3-0. The Board signed the Proposal. Post Office Building: Rich stated they have a $2500.00 Grant available, with no County money being used, to study the uses of the Old Post Office Building and the costs of remodeling. The Board would like to pursue this option. In order to be in a position to approach the Council with a proposal, and that is not possible until we have looked into it, Roger feels this is justification to pursue the grant. Rich read the list of what the Grant covers. This was discussed. The possibility of the present owners lowering the price was discussed. The condition of the building was also discussed. Commissioners Minutes: The minutes for Commissioners Meeting 3, 2003, also, the Commissioners Special Meeting, Mt. Zion Dam Planning, March 5, 2003. These minutes were reviewed and corrections made. Leslie Walters made a motion to approve the minutes of March 3, 2003 and March 5, 2003, as corrected. Roger Rose seconded this motion. Motion passed 3-0. Woodlawn Medical Clinic: There was no one present from Woodlawn. Attorney Heller stated Woodlawn has a building in the Town of Kewanna that they have tried to keep either a doctor or nurse practitioner in for the Community, but have been unsuccessful in doing so. Attorney Greg Heller said there is a statue that governs this, laying out three requirements; (1) it be appraised by three (3) appraisers, (2) that there be a notice of the sale published seven (7) days before the sale, (3) that the County Commissioners approve of the sale. Attorney Heller said he does not have the (3) appraisals. This was discussed. This will be on the Agenda for the April 7, 2003 Meeting of the Board. Additional Request: Aviation: #2102-206-3000-62 Repave Taxiway & Drive $34,000.00 #2101-207-4000-01 Property Purchase $40,000.00 #2102-207-3000-10 Survey Grogg Property $ 250.00 #2101-207-3000-10 Title Insurance-Owners Policy $ 260.00 #2101-207-3000-10 1 Appraisal & 2 Review Appraisals $ 900.00 #2101-207-3000-10 Mid-States Engineering $30,000.00 $31,410.00 Veterans Service Officer: #0101-012-2000-10 Office Supply $ 200.00 The above Additional Appropriations were reviewed and signed. Transfer Request: Health Department: From:#0807-203-3000-11 Mileage $ 50.00 To: #0807-203-3000-12 Computer Copier $ 50.00 Commissioners: From:#0101-068-3000-40 Bonds $ 750.00 To: #0101-068-3000-11 Legal/Law Suit $ 750.00 County Assessor: From:#0105-213-3000-10 Postage $ 5,300.00 To: #0105-213-3000-35 Contract $ 5,300.00 Rochester Township Assessor: From:#0101-013-1000-15 Level II Certification $ 479.17 #0101-013-3000-90 Dues $ 43.33 To: #0101-013-3000-91 Schooling $ 300.00 #0101-013-3000-22 Mileage $ 100.00 #0101-013-2000-10 Supplies $ 122.50 Highway Department: From:#0702-531-2000-26 Culverts & Tiles $ 909.96 To: #0702-531-2000-22 Calcium Chloride $ 909.96 From:#0706-000-2000-30 Bituminous $ 3,655.34 To: #0706-000-2000-31 Stone, Gravel & Aggregate $ 3,655.34 Drainage Board: From:#0101-063-4000-51 Computer, Laser Printer $ 300.00 To: #0101-063-4000-01 Furniture Account $ 300.00 The above Transfer Requests were reviewed and signed. Claims and Payroll: All Claims and Payroll were reviewed and signed for payment. Courthouse Security Agreement: Rich stated the Security is a panic button type system that goes to both buildings. The County Courthouse and the Fulton County Office Building and then on to the 911 Room in the Dispatch Center at the County Jail. This was discussed. Roger Rose made a motion to approve a contract for installing a Security System in the Courthouse and the County Office Building that is basically a panic button system that rings into 911 Room in the Dispatch Center at the County Jail; in the amount as specified, in the Contract, with Project Management Services, Inc. Leslie Walters seconded this motion. Motion passed 3-0. Other Business: Rich again spoke of the letter regarding Rails & Trails. This was discussed and it was determined to contact Friends of the Nickel Plate, before writing the letter. Rich asked if there was any further discussion regarding the Mt. Zion Dam. The Board reviewed this. This concluded all the business transacted and a motion to recess was made by Roger Rose. Leslie Walters seconded this motion. Motion passed 3-0. Meeting recessed at 10:00 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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