ĐĎॹá>ţ˙ prţ˙˙˙o˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 řżń[bjbjUU &€7|7|ńW˙˙˙˙˙˙lţţţţţţţ"NNNNbd"Ě&śŇčččččččK&M&M&M&M&M&M&$‚' ˘)¤q&ţčččččq&ţţčč†&čţčţč&8čK&’š#Ç%ţţ&čĆ TßÖ1Ä",Nţ ß%&œ&0Ě&ç%,F*F*&ž°rţţţţŮ FULTON COUNTY COMMISSIONERS MEETING April 19, 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 6:07 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 to the Commissioners three Speed Zone Ordinances, which had been previously discussed at the Board’s April 4th Meeting; also, Scott had prepared and provided copies of these Ordinances to the Commissioners. Scott stated no one had contacted him with any questions. Scott was asked if the Sheriff had been given a copy? Scott replied yes, and he to was to get back with him, if he had any comments/questions. Richard Powell read Ordinance # 041904, Division Road. BEFORE THE FULTON COUNTY BOARD OF COMMISSIONERS Ordinance Number 041904 An ordinance establishing speed limits on Division Road near Akron in Henry Township. Whereas, the Fulton County Highway Department and the Fulton County Sheriff have completed a traffic study of Division Road as described in Subsection One. It is therefore ordained; that the speed limits set forth in subsection one supersedes all prior speed limits at this location. It is further ordained, that the Fulton County Highway Department post appropriate speed limit signs to advise motorists of the speed limit at this location. (Subsection One) SPEED ZONE FOR DIVISION ROAD Thirty-five miles per hour (35M.P.H.) speed zone on Division Road starting at County Road 1075 East and continuing east for 3,320 feet (three thousand and three hundred and twenty feet), and ending at State Road 19. This ordinance is effective upon passage and proper publication. Adopted this _______ day of _________________, 2004. BOARD OF COUNTY COMMISSIONERS FULTON COUNTY, INDIANA _______________________________ Richard A. Powell, President _______________________________ Roger D. Rose, Vice President Attest: _______________________________ Leslie R. Walters, Member ________________________ Denise J. Bonnell Fulton County Auditor Rich called for a motion to suspend the rules and have the second reading. Roger Rose made a motion to suspend the rules and have the second reading. Leslie Walters seconded this motion. Motion passed 3-0. The second reading was by Title only. The third reading will be on the Agenda, May 3rd 2004 Commissioners Meeting. Rich read Ordinance Number 041904-A, County Road 600W – Irving Materials, Inc. BEFORE THE FULTON COUNTY BOARD OF COMMISSIONERS Ordinance Number 041904-A An ordinance establishing speed limits on County Road 600W near Kewanna in Union Township. Whereas, the Fulton County Highway Department and the Fulton County Sheriff have completed a traffic study of County Road 600 West as described in Subsection One. It is therefore ordained; that the speed limits set forth in subsection one supersedes all prior speed limits at this location. It is further ordained, that the Fulton County Highway Department post appropriate speed limit signs to advise motorists of the speed limit at this location. (Subsection One) FOR COUNTY ROAD 600 WEST DUE TO HEAVY TRUCK TRAFFIC AT IRVING MATERIALS INC. Forty miles per hour (40 M.P.H.) speed zone on 600 West starting at State Road 14 going south on County Road 600 West and continuing south for 8,000 feet (eight thousand feet), which will encompass the heavy truck traffic of Irving Materials Inc. This ordinance is effective upon passage and proper publication. Adopted this _______ day of _________________, 2004. BOARD OF COUNTY COMMISSIONERS FULTON COUNTY, INDIANA _______________________________ Richard A. Powell, President _______________________________ Roger D. Rose, Vice President Attest: _______________________________ Leslie R. Walters, Member ________________________ Denise J. Bonnell Fulton County Auditor Rich called for a motion to suspend the rules and have the second reading. Leslie Walters made a motion to suspend the rules and have the second reading. Roger Rose seconded this motion. Motion passed 3-0. The second reading was by Title only. The third reading will be on the Agenda, May 3rd 2004 Commissioners Meeting. Rich read Ordinance Number 41904-B – Town Lake Road. BEFORE THE FULTON COUNTY BOARD OF COMMISSIONERS Ordinance Number 041904-B An ordinance establishing speed limits on Town Lake Road near Akron in Henry Township. Whereas, the Fulton County Highway Department and the Fulton County Sheriff have completed a traffic study of Town Lake Road as described in Subsection One. It is therefore ordained; that the speed limits set forth in subsection one supersedes all prior speed limits at this location. It is further ordained, that the Fulton County Highway Department post appropriate speed limit signs to advise motorists of the speed limit at this location. (Subsection One) SPEED ZONE FOR TOWN LAKE ROAD Twenty miles per hour (20 M.P.H.) speed zone on Town Lake Road starting at County Road 225 South and continuing north for 3,800 feet (three thousand and eight hundred feet), and ending at the dead end. This ordinance is effective upon passage and proper publication. Adopted this _______ day of _________________, 2004. BOARD OF COUNTY COMMISSIONERS FULTON COUNTY, INDIANA _______________________________ Richard A. Powell, President _______________________________ Roger D. Rose, Vice President Attest: _______________________________ Leslie R. Walters, Member ________________________ Denise J. Bonnell Fulton County Auditor Rich called for a motion to suspend the rules and have the second reading. Leslie Walters made a motion to suspend the rules and have the second reading. Roger Rose seconded this motion. Motion passed 3-0. The second reading was by Title only. The third reading will be on the Agenda, May 3rd 2004 Commissioners Meeting. Scott said he wanted to discuss the financing for the Master Spray Injection/Duro Patching Machine. Scott said Auditor Denise Bonnell could explain that. This was discussed. Scott’s recommendation was to continue with the planned financing with PublicFinance.com. Following this discussion the consensus of the Board was to go with the Lease Agreement. Rich read Resolution Number 041904. RESOLUTION #041904 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of Fulton County, Indiana (“Lessee” has determined that a true and very real need exists for the equipment (the “Equipment”) described in the Master Equipment Lease/purchase Agreement (the “Agreement”) presented to this meeting; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment, and WHEREAS, Lessee proposes to enter into the Agreement substantially in the form presented in this meeting: NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. BEST INTEREST OF LESSEE. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. AUTHORIZATION. The Agreement is hereby approved. The of Lessee and other officers of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the officer(s) who execute the Agreement, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The of the Lessee and any other officers of Lessee to the Agreement and attest the same. Section 3. EXECUTION OF DOCUMENTS. The proper officer(s) of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. Section 4. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATION. Lessee hereby designates the Agreement as a “qualified tax-exempt obligation” within the meaning of Section 265 (b)(3) for the Internal Revenue Code of 1986 as amended. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately. The undersigned certifies that the above resolution has not been repealed or amended and remains in full force and effect, and further certifies that the above and foregoing Agreement is the same as presented at said meeting of the governing body of Lessee. Adopted this ____ day of _____________, 2004. FULTON COUNTY BOARD OF COMMISSIONERS ____________________________ Richard A. Powell, President ___________________________ Roger D. Rose, Vice-President ___________________________ Leslie R. Walters, Member ATTEST: _______________________________ Denise J. Bonnell, County Auditor Rich said the amount being Leased, totaled $51,500.00 to be paid back in three (3) annual installments, $18,519.22 each. Roger Rose made a motion to approve the financing for the Master Equipment for the Fulton County Highway, Loan Resolution #041904 as stated. Leslie Walters seconded this motion. Motion passed 3-0. Scott informed the Board that he had received numerous compliments regarding the patching and everything seems to be going well. Scott stated he is happy with the equipment. Scott stated he wanted to talk with the Board about “GASB-34”, as it is not going away. Scott said he and Leslie sat down with Mr. Michael M. Nielsen who works for the Government’s Fixed Assets Services, Inc., Chicago, IL. Scott said he put together a proposal for Fulton County, which Scott had copies of and passed out to the Commissioners. Scott feels the next step is to have the Commissioners and Auditor Denise meet with Mr. Nielsen again, soon. Scott continued to explain and said the deadline for Fulton County is the end of 2004, so we need to get going on it. This was discussed. The consensus was to set either May 3rd at 3:00 p.m. or May 6th at 9:00 a.m., a choice for Mr. Nielsen to decide. Scott will contact Mr. Nielsen and get back with Auditor Denise on the meeting date. On the Agenda for the May 3rd, 2004 Commissioners Meeting will be the Nyona Lake Public Use discussion. Scott said his recommendation to the Commissioners for the 30-foot by 118-foot lot is to go in, take the sod off of the west area, next to the road 30 feet by 60 feet, put down six (6”) inches of stone in that area and make a place for six (6) parking places, three (3) on each side, leaving the middle of the stone area open; mark all four corners of the stone area, put in posts at the half-way point back, which would be at the sixty foot area on both sides, close enough to limit the driving of big vehicles all the way back up to the lake (as the ground is not suitable, it’s very soft and unstable). Mark the area with a couple signs (“No Parking Between 10:00 P.M. and 6:00 A.M. and a sign that has a parking diagram showing how to park). This was discussed. Attorney Greg Heller advised a resolution and Scott said he would prepare the document for Attorney Heller to review. Scott informed the Board that at the next Commissioners Meeting, May 3rd 2004 he would be bringing the County Highway Form 16, Financial Report. He explained this to the Board and the fact this form was changed by the State. Scott said he would make this information available before the meeting, in order for them to approve it at this meeting. This is an “Annual Financial Report”. Scott said he would have the maps showing the Chip & Seal and Paving work that will be done in 2004 available by the next meeting, May 3rd. Scott said he had received a letter, today, from American Consulting, Inc., M. Sean Porter, P.E. They are doing the County-wide Bridge Inspection. He said this letter was to notify us of some major bridge problems; also, some smaller problems. Scott handed out copies of this letter. This he reviewed with the Board. Rich said he had received, “Certificate of Approval, Construction in a Floodway”, for the Leiters Ford Bridge. This was discussed. Ms. Nancy Finley, in the audience, spoke up informing Scott she had a petition for County Road 700 W, north off of Olsen Road, to the south bank of the Tippecanoe River, eight tenths (0.8) of a mile with five (5) property owners living thereon. Ms. Finley said they had been receiving County services for the eleven (11) years she has lived there, such as, grading, graveling, mowing and snow plowing. She stated since Rick Schmidt is no longer there, the road has not been serviced. She said, when checking she found out they were not in the County System. Scott talked with her regarding the situation; also, he explained this to the Board, as well as Ms. Finley. Rich read aloud the petition Nancy Finley presented. Scott said he would do a record search and see what he could find out on the roads history and report back to the board. Sheriff’s Department: In the absence of Sheriff Roy Calvert, Lloyd and Jennifer Berlasty were present. Jailer Lloyd Berlasty presented the Monthly Report for March 2004, which he reviewed with the Board. He stated the present inmate count was 40/41 inmates and noted several other issues. He brought the Board up-to-date on the installation of the double bunking, stating everything is finished now and that Craig Welding did a very good job on the project. He said the Trustees cleaned and repainted all the cellblocks; he commended them on their work. He said one cellblock is empty and he invited the Board to come and see the work that was done. Mr. Berlasty said there are two trees that have berries on them and make a mess with people walking through them; he asked for permission to cut down the trees, they are in the front. This was discussed. By consensus the Board gave their permission to remove the two trees as long as they are replaced. As he completed his report, he stated that any taxpayers knowing of work that needs to be done in the County let him know. Jennifer Berlasty continued with the report and spoke about the Health Professionals; also, the per diem fund that she explained. She talked about pay for the jail repairs out of the jail/structure expense and stated if the Board was agreeable that is what they would do; this was also approved by consensus of the Board. She stated the new vehicles are here and at least two are on the road and the other by May 1st. This was discussed; also, the price of gas. The Board had no questions regarding the Claims. Zoning-Enacting Ordinance: Director Casi Cramer was present for the third and final reading of Ordinance #031504. Rich explained that the Town of Akron wants to come into the Fulton County Planning/Ordinance. Rich proceed to 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 Bonnell . Auditor, Fulton County Roger Rose made a motion to approve Ordinance No. 031504 for establishing the Fulton County Area Plan Commission. Leslie Walters seconded this motion. There were no questions/discussion. Motion passed 3-0. A short recess was taken at this time. Lake Manitou Association: Mr. Orv Huffman with the Lake Association stated they were working very hard to come up with a ten-year plan that can bring this asset back to a better state than it ever has been. He said by Wednesday their new website  HYPERLINK "http://www.lakemanitou.org" www.lakemanitou.org would be available; a big thank you to Susan Kelly from the Lake Association. He said the information he is giving the Board, they need not to take notes as it, would be available on their website and continued with his presentation. He had a map of the Watershed that he used in his presentation and shared that with the Board. He proceeded to detail their plan of action starting first is, to replace the Mt. Zion Dam Bridge and repair of the Dam and he explained. He stated they have engaged a legal department for use if necessary and went on to explain and stressed working together as a group solves this particular problem. There was time given to answer questions/discussion. Communications E-911: Steve Reese reported that they had successfully changed over to the new 911 System. This was discussed. The total for the Fulton Service is $27,000.00, which was discussed. Animal Control Ordinance: Attorney Heller said he had reviewed the ordinance, there was no mention of who supervises the Animal Control Warden; however it does say the Commissioners hire him. Attorney Heller said he sees no reason to amend the ordinance, but if the Commissioners want this position to be under the Sheriff’s Department he could draft a resolution. This was discussed and will be considered later. Commissioners’ Minutes: The Board reviewed the minutes of March 19th 2004; also, the Minutes of April 5th 2004 and the Executive Meeting, April 12th 2004. Leslie Walters made a motion to accept all three sets of Minutes as they are presented, April 5th, April 12th, and March 19th, 2004. Roger Rose seconded this motion. Motion carried 3-0. Transfer Request: Health Department: From: 805.21002.000.000 Other Supplies $ 300.00 805.24400.000.000 Computer Supply $ 571.59 805.32000.000.000 Telephone $ 2,386.06 805.39103.000.000 Training $ 3,000.00 805.41001.000.000 Computer Software $ 2,677.06 805.41003.000.000 Computer/Equipment $ 3,440.77 $12,375.48 To: 805.44000.000.000 Radio/Equipment $12,375.48 Highway Department: Cum Bridge From: 790.39900.000.790 Miscellaneous Engineering $ 1,500.00 To: 790.39500.000.790 Miscellaneous Highway $ 1,500.00 The Board approved and signed these Transfer Requests. Claims and Payroll: The Claims and Payroll were reviewed by the Commissioners and signed for payment. New Business: Roger Rose made a motion that the Commissioners recommend to the County Council that 4.3 acres be purchased adjacent to the County Highway Property. The Property has been properly appraised. Leslie Walters seconded this motion. Motion passed 3-0. Old Business: Leslie stated regarding the Courtroom he had not heard from one of the firms he had asked for a quote from. Leslie also reported on the testing of the wells that is being done through Hazardous Substance. Rich said he has contacted the individual (Slisher) that trimmed the trees in the Citizens Cemetery to do the trees on the Courthouse lawn. He will trim every tree and feed the Maple tree, which appears to have been struck by lightening. Rich read a letter of resignation from Dorothy Richter on the Fulton County Public Library Board of Trustees. The new person would begin on or after the July 5th Board Meeting. This appointment will be on the Agenda for the Commissioners’ Meeting May 3rd 2004. The Board considered the response from H. G. Christman Co., regarding the paint in the Circuit Courtroom. Rich summarized his letter in which he says the reason the paint came off was because of the new plaster and the majority of the room was new plaster; therefore, he says, the Board/County is responsible for the costs. 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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