ŠĻą”±į>ž’ kmž’’’j’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„Į7 šæŲfbjbjUU &7|7|Ųb’’’’’’l„„„„˜Dż¶čččččĆĆĆ|~~~~~~$³ Ó ¤¢ĆĆĆĆĆ¢_ččŪ·___Ć ččD8_Ć|_^_½ź6čÜ  {C\č"Äv„Ķ DĶ0ż ,w!׈w!6_¦hŁ FULTON COUNTY COMMISSIONERS MEETING April 5, 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 9:03 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 and 1st Deputy Viki Lawson. Highway Department: Superintendent Scott Tilden referred to the Bids received on March 19th at 9:30 a.m., for equipment that being a Tandem Axle Dump Truck, a Single Axle Dump Truck and a one- ton Dump Truck. Scott stated he reviewed and studied all the bids, then asks Attorney Greg Heller to legally review the bids, which he had chosen. Bid Item #1 - Scott said he had chosen Vomac Truck Sales, New Haven, IN. He explained all the options and costs of each, which they submitted. He recommended the New 2005 Volvo VHD Tandem Axle with the W. A. Jones Equipment minus the trade-in of a 1996 International, net bid $83,590.00; the Fulton County Highway Department would like to add the following options quoted dual mirror mounted CB antenna $50. Spare wheel only to match the front $80. Allison automatic transmission $8,600., 46,000 lb rear axle and suspension $1800, instead of the 40,000lb., Synthetic fluid in Allison transmission $380. The final total bid with trade and options $94,500.00 is his recommendation. Following a discussion Leslie Walters made a motion to accept the Bid of Vomac Truck Sales for the 2005 Volvo with W. A. Jones Equipment less trade-in of Unit #13; also, with the Options quoted on the bid, final cost is $94,500.00. Roger Rose seconded this motion. Motion carried 3-0. The Board signed the document Bid Item #1. Bid Item #2 – Scott chose Hill Truck Sales, South Bend, IN, recommending the 2005 Sterling L8513 truck chassis with body equipment by Deeds Equipment and the option of the complete set of parts and service manuals/wiring schematics, heated fuel/water separator. The Fulton County Highway Department will not allow the trade-in of Unit #12, due too low allowance; net bid is $72,132.00. Scott explained and answered questions. Roger Rose made a motion to award Bid Item #2 for the single axle dump truck to Hill Truck Sales of South Bend, IN., for the 2005 Sterling L8513, body equipment by Deeds Equipment with the complete set of parts and service manuals/wiring schematics, heated fuel/water separator for a total bid of $72,132.00. Leslie Walters seconded this motion. A person in the audience said he would give the County the opportunity to save $305.00 if they so desired. He said the Parts and Service Manuals are also available on a private registered Web Site, if the office of the Highway Department is wired for Internet, and he went on to explain the use saying they could save the $305.00 and actually perform the same function; also, noted this Web Site has been available for years and is constantly being updated. Scott felt this would be good. Following this discussion Roger Rose amended his motion to reflect the reduction of $305.00 for the complete set of parts and service manuals/wiring schematics for a net price of $71,827.00. Leslie Walters seconded this amended motion. Motion passed 3-0. The Board signed the document for Bid Item #2. They also thanked the person in the audience for their savings comments. Bid Item #3 – One-Ton Dump Truck. Scott read the bids received for this item. Scott explained his recommendation to the Board is to allow the trade to Rochester Ford Lincoln Mercury, low bidder on the complete package, with a net bid of $36,059.00. Leslie Walters made a motion to accept the Bid Item #3 from Rochester Ford Lincoln Mercury, 2004 F-450 Ford Super Duty 4 x 4 cab and chassis with W. A. Jones dump body, hoist, hydraulics and snow plow with trade-in allowance of $5,000.00 for the 1997 3500 Chevrolet for a net cost of $36,059.00. Roger Rose seconded this motion. Motion carried 3-0. The Board signed the document for Bid Item #3. Scott said he needed to get with Attorney Greg Heller on the Asphalt Bids received at 10:00 a.m., March 19th, as these Bids were all accepted pending legal review. Scott presented quotes he had received on a 615 Type Disc Mower for roadside mowing. Rochester Ford New Holland, Rochester, IN. $4925.00 Kerlin Tractor Sales, Silver Lake, IN. $4950.00 Wyatt Farm Center, Wyatt, IN $4995.00 Scott recommended the low quote of Rochester Ford New Holland for $4925.00. Roger Rose made a motion to award the bid for the New Disc Mower to Rochester Ford New Holland for a net bid of $4925. Leslie Walters seconded this motion. Motion carried 3-0. Scott reported that the eight (8) items placed in the FFA Auction, Saturday, April 3rd all sold. He has not as yet received the paperwork. Scott informed the Board that at their next meeting, April 19th he would be presenting Speed Zone Ordinances, one at County Road 600W where IMI is located for about eight thousand feet; one at Division Road near Akron between State Road 19 and County Road 1075E; one at Town Lake Road that was taken in last year. Scott said Sheriff Roy Calvert would also check on these. Scott reported the Spray Injection /Duro Patcher Machine is arriving tomorrow. Scott said he would like to talk about a possible ditch relocation along a County Road as there are several in the County. He feels the worst one is along County Road 200N between 400W and 500W. Scott said Surveyor Don Towne has also been working on a project to enable this to be done. This was discussed and the Board was given copies of a letter from Banning Engineering, Plainfield, IN., regarding this ditch. The Commissioners signed the Nyona Lake Bridge #2 Inspection, from the State, Local agency agreement construction and project management for Federal Projects. Sheriff’s Department: Sheriff Roy Calvert said they now have the three vehicles and are in the process of getting them setup. Roy said the dealers would like to know what the Board is going to do with the trade-in vehicles, by the end of this month. He said they have 14 new bunks and the cellblocks are all painted. When all is completed the capacity will be 55, Sheriff said last Thursday there were 46 inmates, a discussion followed. He explained that they are working on the lights, etc., on a weekly basis. He reported the new Medical program is going well since the switchover. Sheriff referred to his Monthly Report for March 2004, which he presented; also, for the claims he had filed. This was discussed. The Board had a discussion with Roy regarding Gene Baker the Animal Control Officer. This is a part-time position. This was discussed. The Board took a short break. Nyona Lake Conservancy Engineer: Rich asked Ron Roe to start with their concerns. Ron said the discussion as far as the Conservancy is concerned is pertaining to easements. Rich said he thought it was to be about the sewer and turned to the other Commissioners for their comments. Both Roger and Leslie were in accord. Ron Roe then introduced Engineer James Lauer, President of Schnelker Engineering, Inc. Fort Wayne, IN. for the Nyona Lake Conservancy. Mr. Lauer said he was here to answer any questions/concerns. He stated he had reviewed the letter received from the County Surveyor and stated they have made all the changes that he asked for; also, brought with him the drawing the Surveyor asked for, which he will leave in his office today, so the Drainage Board can act on their request for a permit. Rich stated the location where this sewer was going down the County Easement the depth and how it was all going to work, was their concern. Mr. Lauer stated he had submitted drawings to both the Board of Commissions and the County Highway Department. Mr. Lauer explained the drawings regarding these questions and the how and where the pumping stations would be located. Rich said they did have concerns about the easement. Roger stated the biggest issue he had heard is in the process of designing the reason the Engineer Firm went with the Grinder System vs. an Active System, would he state their reasoning regarding this? Mr. Lauer said basically all systems would do the same job. In looking at the overall cost of the project, the low-pressure system was the most cost effective from the standpoint of initial construction, operation and maintenance. That is what was recommended to the Conservancy Board, which they have accepted, then that report was sent on to the USDA World Development, which is to fund this project, with Grant and Loan Money. They are current waiting on (us) the Engineer Firm to execute those documents. He reiterated that the Low Pressure System was the most cost effective for this particular installation. Engineer Lauer answered questions and explained this System to the Board. He stated and explained that there would be no major pump station on the entire site. He stated each station has its own check valve to prevent any flow from any other station coming back into that station; also, a shut-off valve on each station, which he explained in detail. Rich stated there were two subject matters, one being their concerns about the easement. One, is that the pumping station is going to be in the middle of the lot. Second, was the system? Rich asked Mr. Lauer to talk about the pumping station, stating again the Board did not want that in the middle of the easement. Mr. Lauer stated it could be moved closer to the property line either way and proceeded to explain this to the Board and answered their questions. Mr. Lauer had the plans for what he had just explained. This was discussed. The consensus of the Commissioners’ was they could live with the Pumping Station being off to the side. There was a question from Mr. Jerry Caylor regarding his line to the station and the traffic that crosses over. His question was explained and discussed. This is a private sewer lateral, which basically belongs to the property owners and their responsibility and all the sewers themselves will belong to the Nyona Lake Conservancy District and their responsibility to maintain those. This was explained and discussed. With the Board, Engineer Lauer and the property owners present viewed the drawing as to the location of the pumping station. Engineer Lauer explained and answered questions; also, noting what IDEM requires is that they stay ten feet away from the wells, that’s the law. He pointed out the lots and explained. After all this discussion, Rich asked if there were any questions, these were discussed. Engineer Lauer summarized by saying, basically what the consensus is that the pressure line will be run on the County Property. It will be run on the South side of the County Property adjacent to the Jerry Caylor Property Line, the pressure line will be put in first, the electrical line will be in the same trench and in order to facilitate minimum damage to the area and keep the Caylor tap will be run in the same trench above the pressure line. The Smith Tap will go across the property with one line down towards the lake area and pickup up Smith, Wright and Johnson off of a gravity line that will tie into the pump station. The question was asked the distance for Lot #30 that he stated about 110 feet on the gravity, and that line will be in the same trench as the force main, which should solve that issue. Rich stated that would still provide the County for most of the use they need for the lot. Rich informed those present the Board would either decide today or they would at least talk about what the County will do with the lot. Engineer Lauer stated, when asked, the pump station will be down by the lake side, its going to stay where it was, only its going to move to the South adjacent to the property line, which he explained to the property owners and answered their questions. Engineer James Lauer stated in his closing remarks that he would like to make an offer to the Board of Commissioners and the County Highway Department with respect to the roads in this particular area. He said he could guarantee right now that the roads will be pretty well chewed up with the construction, excavators, heavy trucks, etc. He further stated they have money set aside for reconstruction of the roads. He explained they will talk to the contractor after the Bid and asked if they would work with the County Highway Department, asking them to write a check and let the County Highway Department take the money, plus any they were going to spend in rebuilding of the roads, and resurface the roads. He explained in more detail what is required of them. Scott being present talked with Engineer Lauer regarding this. Jim Lauer told of their proposed timetable for the project. Surveyor Towne said he had talked with Jim Lauer and was satisfied from his standpoint with the information needed and provided. Rich said they would now discuss the Public Access/Easement. Roger said what had been previously discussed is that a portion of this lot on the roadside be made a parking area. Roger stated what the County needs to do is make an unsafe situation, more of a safe situation. A decision on guidelines needs to be made on the Public use, one being parking. Roger said they had talked with Scott about putting stone down to make a suitable parking area approximately 30’ x 28’ staying back far enough, the cost approximately $4,000.00; also, with the idea that there would be no vehicular access beyond that. Rich stated at this point they were not thinking of boat launches or anything beyond a parking lot other than ATV’s. Nothing will be done until the sewer project is completed. This was discussed. Scott was asked by the Board to come up with what would make a good parking area. Scott said he would work with the Board. Zoning-Enacting Ordinance: Rich said they would now have the second reading of Ordinance #031504, Fulton County Area Plan Commission. 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 Following this second reading of Ordinance #031504, the Board set the third and final reading of Ordinance #031504 on the agenda for the April 19th 2004 Commissioners Meeting. Monthly Report: Animal Warden Gene Baker presented his monthly report for March 2004. The Board reviewed this report. Inspector Mike Early presented his monthly report for March 2004. The Board reviewed this report. Custodian Sammy Stephens presented the Citizens Cemetery monthly report for March 2004. The Board reviewed this report. Roger Rose made a motion to approve the transfer of $2,000.00 to the Citizens Cemetery to cover upcoming expenses. Leslie Walters seconded this motion. Motion carried 3-0 Purdue Extension: County Agent Mark Kepler presented an Additional Appropriation Request #41000 Capital Outlay in the amount of $3,795.00. This is for a copy duplicator. Mark explained the condition of the machine that was purchased in December 1996. Mark asked the Commissioners for their permission to dispose of the old machine; the consensus of the Board was to approve and pass on to the Council the $3,795.00 Additional Request. Roger Rose made a motion that the Board approves the Extension Office, Mark Kepler to dispose of his Reco 304-1800 Copier because it’s at the end of its useful life. Leslie Walters seconded this motion. Motion carried 3-0. 12:10 P.M. the Board Recessed. Board is back in session after the lunch recess. Commissioners’ Minutes: The Board reviewed the minutes of the March 15th 2004 Meeting; also, the Highway Department Bid Letting, March 19th 2004. Leslie Walters made a motion to accept the minutes of the March 15th and March 19th 2004 Meetings as is. Roger Rose seconded this motion. Motion carried 3-0. Additional Request: Health Department: Tobacco Grant 803.11011.000 Tobacco Grant Coordinator $14,000.00 803.11202.000 Social Security Benefits $ 3,000.00 803.21100.000 Postage $ 300.00 803.31008.000 Contracts/Proposals $ 214.00 803.31102.000 Mileage $ 850.00 803.31204.000 Copying/Printing $ 1,000.00 803.32000.000 Telephone $ 450.00 803.31500.000 Survey (Contract) $ 5,000.00 803.32800.000 Advertising $ 3,000.00 803.41001.000 Computer Software $ 1,000.00 $28,814.00 The Board approved and signed this Additional Request. . Purdue Extension: General Fund 41000 Capital Outlay $ 3,795.00 Mark Kepler had presented this request earlier in this meeting. Roger Rose made a motion to approve this request. Leslie Walters seconded this motion. Motion carried 3-0. The Board signed the Appropriation Request. Claims and Payroll: The Claims and Payroll were reviewed by the Commissioners and signed for payment. Maintenance: Custodian Joe Morrow asked the Board about the step at the Courthouse they had asked him to check out. Rich said he had called, they were to call back but no one has returned his call. Joe said he had the Public Service coming in to check out the surge protector. Joe stated he did not know if there is a problem or if it’s real delicate, they are to come Tuesday/Wednesday. Joe asked about the situation in getting the heating & cooling controls fixed? Rich said they are still waiting for a response. Rich said he has called twice and asked for a written report, but has not heard from them. Rich said he would call again this Wednesday. Rich reported to Joe that when he came in Saturday the door was open, that’s the day the wind was so bad. Rich said when he left and looked back it did not shut. Joe said the closures price is $750.00 for both sets of doors and he has someone that will do the work. This was discussed and Joe told the Board of the ones he had contacted to do the doors. The consensus was for Joe to get both sets of doors repaired. Joe said the outside doors are all right. Communication Consulting Services, Inc: Representative Steve Casper said he had not received a contract back so he just wanted to drop this off, as he needs to have the contract executed and also he presented a “letter of agency” that would go on to the County Letterhead. Steve said he would send that letter to the telephone company, he will fill the numbers in the blanks, and this letter will give him permission to ask questions regarding the local service that he cannot really ask until the telephone company gets this letter giving Steve the authorization to ask the questions. Steve Casper stated if he could get these two documents executed he would be able to get moving. Steve said he had an idea he could save probably 500-600 dollars a month on long distance. Steve said there are a couple special circuits that are being charged and he wants to find out the address they are at to make sure the customer is still using them at that address. Steve presented the Service Agreement. Steve said he gets fifty percent on the first years’ savings on the basis of what the County would be actually receiving the savings. Steve gave Rich a letter to be transferred onto County Letterhead, which Steve will attach a cover letter to, once it’s completed, will be sent to the local telephone company. Roger Rose made a motion that the Board approves entering into the Consulting Service Agreement with Communication Consulting Services, Inc., Warsaw, IN to review the County’s phone billing records to determine if there is any potential savings to be realized. Leslies Walters seconded this motion. Motion passed 3-0. Rich, president of the Board signed the Consulting Service Agreement with Communication Consulting Services, Inc. The Board had this letter copied to the Auditor’s Letterhead, which Steve Casper took with him. No copies were provided to the 1st Deputy for the County’s records. New Business: Leslie said he had received the estimates for the appraisals on the Peterson Property. Leslie stated it comes out an average of $27,500.00, one being $30,000.00 and the other $25,000.00 by Appraisers Pam Fish and Pete Frenger. They asked Attorney Heller for the next step. He said actually since it is over $25,000.00 it is supposed to go to Council. The Commissioners make their recommendation, but the Council has to approve it. This was discussed. Greg said just have a Joint Executive Meeting. This was discussed and the consensus of the Board was to set this Joint Executive Meeting, April 19, 2004, 5:30 p.m. This discussion will be regarding property purchases. The Board discussed having an Executive Meeting with Joe on April 12th at 1:30 p.m. This is to be advertised in the paper and on the radio. Attorney Heller will help Viki with this. Leslie Walters said he is having eye surgery on April 28th and May 12th. Leslie said the night he was at the Council, they were talking about the ages on the computers and how often they should be replaced. Leslie was asked to get an inventory of all the computers and the ages used in the County. He went ahead to explain. Leslie suggested sending a Memo to each department head and requesting them to submit to the Commissioners a list of the computers including the age of the computer in their department. Rich said that Steve Reese’s in his position does a lot of work on the computers, as did Rob and he feels he should be compensated. Leslie said he had talked with Steve and let him know the Board is aware of this. Rich reported that Richard Bair will be out of his office next week, but he has everything covered. This was discussed. Old Business: Attorney Heller was asked about the enacting ordinance regarding the position of Animal Control. Attorney Heller said he would have this information for their meeting April 19th 2004. Rich said regarding the trimming of the trees he has made a call and left word, but no return call as yet. Rich and the Board discussed the Clock Tower contract. He said the cost is $350.00/year. That covers repacking the motor, checks for excessive wear, cleans, oils and adjusts clock movements, checks all valve gears, dials, shafts, universal joints for excessive wear, synchronize clock hands, synchronize time of strike and adjust the bell hammer. This will be on the Agenda for the Commissioners Meeting, April 19th 2004, Clock Tower Contract. Rich remind the Board of a Special Meeting April 8th at 11:30 a.m. regarding the reuse of Foundry sand, Commissioners Room in the County Office Building. This is to be advertised. 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 3:10 p.m. FULTON COUNTY BOARD OF COMMISSIONERS _______________________________ Richard A. Powell, President _______________________________ Roger D. Rose, Vice-President _______________________________ Leslie R. 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