ࡱ> ceb7 lbjbjUU &7|7|hl*******6 <6LNNNNNN$ r*r** **8LB8:,** pjR6X  0RGG>h****FULTON COUNTY COMMISSIONERS MEETING May 17, 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 6:05 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 a Resolution for public use of a parcel that the County owns; also, Scott stated that Attorney Heller had reviewed the Resolution and stated it was in order. This parcel #365-011, of land is located between lots 7 and 8 in the Nicholsons Addition at Nyona Lake in Liberty Township, Fulton County, Indiana. Scott reviewed what had been previously discussed regarding this parcel of land. Rich read Resolution # 051704 as follows. RESOLUTION # 051704_ A resolution for restriction for public use for a parcel of land that was dedicated to Fulton County more commonly known as parcel #365-011, between lots 7 and 8 in Nicholsons Addition, Nyona Lake in Liberty Township, Fulton County, Indiana. Whereas, the Board of County Commissioners of Fulton County have set the following restrictions of said above property listed in Subsection I: SUBSECTION I 1. Parking only in designated gravel area only according to signage. 2. No littering. 3. No parking on property between the hours of 10:00 p.m. and 6:00 a.m. This resolution shall be in full force and effective on the __17th__ day of __May__ 2004. Passed and adopted by the Board of Commissioners of the County of Fulton this _17th_ day of __May, 2004. Board of Commissioners Fulton County, Indiana __________________________ Richard A. Powell __________________________ Roger D. Rose __________________________ Leslie R. Walters Attest: ____________________________________ Denise J. Bonnell, Auditor of Fulton County Roger Rose made a motion to approve Resolution #051704, as read. Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed Resolution #051704. Scott said this area should be ready in a week to ten days. Scott referred to the petition presented to the Board at their April 19th, 2004 Meeting by Ms. Nancy Finley regarding County Road 700W 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. Scott said this is known as the Potawatomi Park Addition, with twelve (12) lots. Scott stated this road is not in the Countys Road System and he explained. He had a plat map and a State Inventory Map that he pointed out this location to the Board. Scott said in his research the only reference he could find was a seventeen-foot driveway off of 700W; nowhere could he find that this section was taken into the Countys system and he explained. This was discussed. The consensus of the Board was for Scott to work up a cost to bring the road up to normal standards for a gravel road. Scott said the property owners would have to give the County forty- (40) feet for the right of way. Scott said he would work up the costs and talk with Ms. Finley, as well as, keep the Board informed. Scott asked the Board if they had received a letter regarding the intersection at 200 W & 450 N, which they had. Scott said there was a split rail fence constructed on the County right-of-way. Scott stated he did some measurements and showed the property owner where it should be. The property owner moved the fence to where Scott had instructed him; he also called Scott back to make sure everything was correct. Scott reported it was all taken care of the same day. Scott noted that it was time to work on the financing of the three dump trucks and that it was decided to go with the local banks. Scott said he had some figures for Auditor Denise. The total amount for all three dump trucks is $202,386.00, financed for two (2) years, semi-annual payments with the first payment due in six (6) months. Scott feels the financing will be needed by July 1st 2004, which will be paid out of Highway Funds. Denise said she would get the proposals to the local banks with a deadline of June 2nd, which will be taken to the Commissioners Meeting, June 7th, 2004 for their decision; also, the Resolution will be presented to the Commissioners on June 21st, 2004. The Resolution will be presented to the Council on June 22nd 2004, in order to have the money available by July 1st 2004. Scott asked about the truck shed and the sign room addition that had been discussed? Leslie said as for the land, that transaction would not be done until after the election. Which election? This was discussed, as well as, the bidding. Scott said he would appreciate knowing, which direction the Board wants him to go, as soon as possible. Sheriffs Department: Sheriff Roy Calvert presented his Monthly Activity Report for the Month of April 2004. He reported that Scott had taken care of the problem at the corner of 200 West and 450 North. Sheriff Roy referred to the letter sent to and received by all County Officials. This was noted and he stated it would be dealt with case by case as to locations; he does not know where some of the locations are, at this time. The Sheriff noted that the City was having problems with Mopeds, Scooters, etc., which he stated had been previously discussed, and possibly a petition circulated earlier. However, Sheriff Roy stated the ones they are talking about now, are underage individuals, thirteen and fourteen years old. The Sheriff said that farmers use 4-wheelers in a pretty safe manner going to and from equipment, which is basically the reason they own them. He went on to explain this to the Board. The Sheriff said when it comes to the ATVs he feels this should be handled on a case-by-case bases as he doesnt think they should be legalized. This discussion continued as to the benefits of licensing; because this is a rural farming community, there did not seem to be any. The Sheriff said we are better off operating as we are now, explaining that now when they see a 4-wheeler going down the road, they observe, they do not stop, as they are looking for reckless operation, only! The Sheriff went on to tell of an incident, which he explained. President Rich Powell asked for any comments from anyone on the discussion of the ATVs, there were none. The Sheriff stated that he had some complaints on the right-of-way through Leiters Ford and in front of the Tavern, and he explained this situation. As this was discussed, the Sheriff stated that he and Scott Tilden would get together later this week, and if needed, might do some signing. This to was discussed as to the road, which is 750 West, the width, parking, etc., which the Sheriff said he and Scott would work on. The Sheriff was asked about the progress on the jail locks? He is hopeful to have a working lock for the Commissioners soon. This was discussed. The Sheriff said they appreciated the fact that the Commissioners visited the jail. The Sheriff discussed with the Board the use of inmates to help with County work when needed. Rich asked the progress regarding a Resolution for the Animal Control Officer? This was discussed and the consensus was for Attorney Heller to proceed with the preparation of this Resolution, which would be on the Agenda for the Commissions Meeting June 7th, 2004. GASB 34 Presentation: Mr. Dan Hedden, CPA, with H. J. Umbaugh and Associates was present to review with the Commissioners, their Proposal for Services related to the Implementation of GASB 34 in Fulton County. Mr. Hedden stated there are three ways that GASB 34 will affect Fulton County. One the Financial Report will look different, which the State Board of Accounts will still prepare for the County, the second being how the County will account for their Capital Assets and the third, is supplementary information to the Financial Statements, which includes Management Discussion and Analyses and a Budgetary Comparison. These he stated will be changed/modified as part of GASB 34. He continued to explain. He stated the State was divided into two Phases; Phase I County is those whose population is over one hundred thousand and Phase II are those Counties that are under one hundred thousand population. The year 2004 will be the first year for Fulton County and this will be the year the format of the Financial Statement will change and the County will be held accountable to the Capital Asset Policy. He stated the County would have to adopt a Capital Asset Policy, which has to conform to GASB 34. He continued to explain, saying this has to be adopted, through the normal procedures; also, be effective January 1, 2004, that he explained, as well as asked where does the County stand with their Capital Asset Inventory? This was discussed and he informed the Commissioners this would be the biggest problem, that being getting the list together. He went on to explain the way to accomplish this into the form required by the State Board of Accounts, Form 211. Mr. Hedden as he explained the procedure stated this is the first and the most important step, which involves all Department Heads, as well as, the Administrative Office. The second thing, he said, is a Physical Inventory from every Department Head. The third thing will be the Infrastructure Assets. He stated historically this is something that Cities and Towns have never had to be worried about and he explained. He further stated as to how this would be accomplished. Another requirement the County must comply with is called Management Discussion and Analysis, which he detailed to the Commissioners, must be plain spoken, easy to read and contains many items, which he explained as good; also, it is anticipated, that this must be completed sometime between when the Financial Statements are completed by the State Board of Accounts Auditor and he further explained the time frame and report. He proceeded to explain the Budgetary Comparison, which has never been done, but this is to show what the original budget was versus what the Budget ended up being. This requirement is that you start off with the original budget and that you disclose any budget adjustments, additionals, changes etc., and show the revised or final budget and how it was performed against that budget. He gave examples as to how this gives the County an opportunity to explain the changes in the budget during the year. In summary he again stated what the County would have to do each year. At this time, he referred to the sample agreement, which he explained how they could be of help. He pointed out there was a note in the agreement that they are not proposing to do a Physical Inventory for the County; they could do this but it would be terribly expensive. He explained the Fee Section and how it was determined. He asked for questions/comments? The Auditor asked if the Fee would include the templates the County would need in the future for setting up the software? The question was asked does the County have software now to track the Fixed Assets/Capital Assets? Answer, she didnt think so. He went on to explain how this could be handled. This was discussed. As the discussion continued Dan Hedden told the Board the person that would be doing this work would be him. He thanked the Board for the opportunity to make the presentation. There was a question/answer time from those in the audience. The Board and Auditor proceeded to answer the questions to the understanding and satisfaction of those in attendance. Roger Rose made a motion to award H.J. Umbaugh and Associates to assist the Commissioners, Fulton County, in compliance with GASB 34, subject to the approval of Auditor Denise Bonnell and Highway Superintendent Scott Tilden. Leslie Walters seconded this motion. Motion passed 3-0. Maintenance: Custodian Joe Morrow said he had a request and he needs it; a couple parts for the lawn mower in the amount $151.70. This would be for a new bag catcher to pickup up the grass, as the other one is full of holes. Joe was asked, if he had the money and he said yes. The Commissioners by consensus gave Joe permission to purchase the new bag for the mower. Joe informed the Board, which he said he had notified the Commissioners by letter, that there are terminates in the Probation Office; however, Joe stated that was the only place they were found in the Courthouse. Joe said the only way to take care of this was to do the whole building except for the concrete. This was discussed. Joe had a quote of $2700.00 from a vendor. When ask of other exterminators, a person in the audience, said Orkin and Arrow Pest Control. The Board was agreed this should be taken care of and ask Joe to contact Orkin for a quote. Joe informed the Board the steps at the Courthouse were done. The Board was satisfied with the work. Joe said the south steps were fixed; also, there were two on the west side that were sinking, and those were fixed, plus another one, at no extra charge. Leslie noted that they caulked all the steps and did a very good job. Joe said in regards to the Annex doors, the gentleman they had received the bid from is no longer in business. Joe told the Board he was unable to contact him; the telephone number was no longer valid. Joe said he had contacted both Action Glass and Rochester Glass Co., Inc. for quotes, as well as, a company from Plymouth that will quote. This was discussed. The air-conditioning, Joe said Judge Morton had a problem with the in the Court Room. Joe stated that the problem was a plugged line, which he cleaned out a couple chunks of rust and now it works fine, he explained. The County Office Building was discussed, and Joe stated it automatically shuts down with a lot of lightening and explained. Retail Merchants: Mary Ellen Lowe came on behalf of the Merchants to request use of the Courthouse Lawn, Parking Lot, etc., the same as in the past, during the Round Barn Festival. This is scheduled for June 10th, 11th, and 12th, 2004. The consensus of the Commissioners was in agreement, just as was done in the past. Mary Ellen thanked the Board. Communication Consulting Services, Inc: Representative Steve Kasper thanked the Auditor for letting him use her copy of his recommendation, which he explained. He said basically he would make three recommendations to the Commissioners; namely, on long distance he said the County rate now is ten ($0.10) cents per minute billed in one minute increments and no other fees or surcharges; however there is a program available to the County through the State of Indiana for all Governmental entities that has been available for three years, this September 2004, that is three and one-half ($0.035) cents per minute, billed in six second billing increments and no other fees or surcharges. He went ahead to name the counties that are now using this program for at least a year; also, Woodlawn Hospital is now on this program. Steve Kasper said there is no charge to the County to switch over; however, there will be a charge by the local telephone company for the switchover. Qwest the long distance carrier for the State will reimburse the County for this switchover charge. He explained. Mr. Kasper stated there is an Agreement with the State; the County would have to sign and that, he said, could be made for one year and up to five years. Steve Kasper said he would recommend the three years, as that is the length of time the State has a contract with Qwest for their service he explained that; also, he explained a sixty- (60) day, Out Clause with the State. Mr. Kasper stated to change, based upon the bill he looked at, would save the County about six hundred twenty-five ($625.00) dollars. The second recommendation, he stated, is at the present time the County is being charged a fee on each line, called inside wire maintenance. He explained this is an optional charge that covers a line if damaged in someway, would be taken care of. He said the charge is one hundred fifty ($150.00) dollars per month. He has basically taken that charge off the first year of his quote, and he explained, how it could be handled as he does not foresee anything happening, which would be another $150.00 savings per month for a year. Finally, the third thing, there is one line that is not set up on Centrex. He stated he could not find out any reason why it was not and continued to explain. He stated this is a Fax line, and he would recommend that it be set up on the Centrex system also, as that would save the County $20.00 per month and explained. Concluding he said these three recommendation together would save the County about $795.00 per month. He said that is an estimate based on the bill he looked at. Steve Kasper said assuming the County would save $795.00 per month; his fee would be one-half of that $397.50, for the first year; after that it would be one hundred percent savings. He proceeded to explain the billing, which would require two checks. When asked about additional costs, Steve Kasper stated the only cost would be a change fee to RTC, which Qwest reimburses to the County. The discussion continued. The consensus of the Board was to take this under advisement. IT Proposal: Dale Hummel introduced himself; being a teacher in technology in the local school corporation for the last fifteen years; lives in the Leiters Ford area. He presently is preparing to go into business full time working with computers and Information Technology, IT. He stated that in talking with different individuals, it seems that County Government needs some computer service and some support. Home Associates, LLC, is a computer-orientated business that has experience in sales, service, networking and problem resolution and is located in Fulton County. He named numerous local groups and organizations that he has done work for. He continued to explain how he felt he could be of service and of benefit to the County. He asked for any questions from the Commissioners and did they feel that this is something that would be beneficial to the county? Mr. Hummel said the goal of the survey he would propose is to come up with exactly what the County has, where it is, how it is being used, what specifications are at the units that are there, just pretty much the tracking of the Countys Capital Assets. Auditor Denise asked when did Mr. Hummel visit the offices? No one had been to her office, and this is where the majority of equipment is located. He said during Spring Break and the Auditor was on vacation. A discussion followed. Mr. Hummel stated he would like to go forward in whatever manner or direction the Commissioners wanted. It was noted to start with an assessment as an independent project and then proceed from there, a package proposal. The consensus of the Board was that Mr. Hummel could bring his proposal back to another meeting. A short recess was taken at 8:30 p.m., back in session at 8:40 p.m. Smoke Free Dinning Ordinance: Dr. Boldry, President of the Board of Health spoke in behalf of the Board and others of the Board that were in attendance. Dr. Boldry stated in the Summer of 2002, they began talking about a Smoke Free Ordinance; however, for the lack of a majority it was tabled. Then in 2003 tobacco settlement money was granted by the State to the Counties; also, at that time Linda Lukens Peterson was named Tobacco Session Co-coordinator. He stated that in 2004 Fulton County received the same funding as in 2003; that he stated was mainly because of the activity of this Smoke Free Fulton County Coalition. He told the Board that Ms. Peterson was told by the State that Fulton County Coalition is the most active small county collation in the State. Dr. Boldry gave examples and statistics of the issue undertaken in this past year, which are being continued in 2004. Successful in lobbying for a smoke free school campuses for the entire county, arranged for a Smoking Cessation Class at Rochester Metal Products, which was covered by WNDU-TV South Bend, Great American SmokeOut, was successful in reducing the non-compliance rate from over 30% to 12% and he continued on with numerous other activities. Dr. Boldry stated now that there is obvious community support for this program, the Board of Health voted 6-0 at its April 20, 2004 to recommend to the Commissioners that they consider regulating smoking in public dinning establishments. Maggie Doran spoke of her position in the restaurant business for several years and there was never non-smoking, there was no need for it. She stated that in 1992-93 they open a non-smoking section in Margrittas with 26 seats. She continued to give the progress in the non-smoking, which kept getting larger. Now she stated she would like to see this Smoke Free Ordinance happen and she continued and concluded by saying she thinks this county should be smoke-free and pass this ordinance. Dr. Brubaker, said he came to talk about the medical aspect of smoking/secondhand smoke and answer any questions, regarding the ordinance, which they would like to see passed. He presented and read the hazards of smoking. He said, they were at this time just asking for restaurants, not the bars where you have to be 21years of age to enter. Linda Peterson then proceeded with her presentation, as well as, students from the school, Ashley Ramsey, Mandy Tugmon, David Rogers and Courtney Heiden. Mr. Dick Belcher said he appreciated being able to come and talk. He said the Board is in a position where they can make a difference; however he said the easiest thing would be set back and do nothing. He said that Indiana ranks fifth in the nation for smoke related deaths. He said eighty-three percent of the people in Fulton County do not smoke. He stated the Board is in a position where they can make a difference and save lives, its up to them. That concluded the presentations. There was a time of discussion. It was noted that only three out of the forty-four restaurants in Fulton County were opposed to non-smoking; also, twenty-two are presently non-smoking. This group left with the Board the signed petitions for non-smoking; also, suggested make up for a smoke free ordinance. This concluded the discussion. Rich Powell told the group they were not in a position or prepared to pass the ordinance at this meeting; however, the Board appreciated all that was said and the information gathered. Rob Morgan, a Drug & Alcohol representative with the Four County Counseling Center, spoke noting that he has worked with addicts for several years and their attitudes, and he says restaurant owners will be that way too, they are going to realize the fundamental soundness of this ordinance for smoke free. The consensus of the Board of Commissioners was to make a decision on Smoke Free Ordinance at the Commissioners Meeting, June 21st 2004. Plan Commission: Director Casi Cramer stated all she needed was the Commissioners consensus, as she has previously discussed with them properties that are not fit for any type of habitation and they have been that way since zoning has been enacted. She would like to have Gary Madlem go and inspect these types of homes in the Delong and Kings Lake Areas. Casi showed the Board pictures she and Gary had taken of the different properties that should be condemned. She told the Board of how this affects other property owners as well as the County and its value. She continued to review the photos and map where they are located. Casi told the Board that Doug Oaks with the Solid Waste Board was interested and willing to help in cleaning up this area. The discussion continued. The consensus of the Commissioners was for Casi Cramer to proceed with the area she has described, working with Gary Madlem and Doug Oakes, Director, Solid Waste Board. Commissioners Minutes: The Board reviewed the minutes for the Commissioners Meeting, May 3rd, 2004. Leslie Walters made a motion to accept the Minutes of May 3rd, 2004 as corrected. Roger Rose seconded this motion. Motion passed 3-0. Transfer request: Health Department: From 807.19003.000.203 Personal Services $ 500.00 To: 807.11201.000.203 Conference Fees $ 500.00 Tobacco Grant: Health Department: From: 803.31102.000.803 Mileage $ 500.00 To: 803.39103.000.803 Training $ 500.00 The Board reviewed, approved and signed these Transfer Requests. Claims and Payroll: The Commissioners reviewed the Payroll and all Claims and signed them for payment. Monthly Report: The Board received and reviewed the City & County VSOS Monthly Report for April 2004, from Richard Bair, Service Officer. New Business: Roger stated the Cleaning Service is on a month-to-month basis and continues even if the contract expires, what are your thoughts? This was discussed. Rich stated he contacted Joe Morrow about the Cleaning Supplies. Joe told Rich he buys the toilet tissue in the bulk and there are certain cleaners he likes for them to use; therefore, it would be difficult to ask them to buy those supplies. As the discussion continued the consensus of the Commissioners was that Roger would make contact with Enids Cleaning Service and Leslie will contact Plumlee Cleaning Service. Old Business: Leslie said he was not able to make contact with anyone for work/quotes to do the dry wall work in the Court Room. This was discussed. Rich reported he had heard from David Worthman about Schmidt and Associates and the conversation was David Worthman would get with the Commissioners after May 20th, 2004. Rich stated that the Board has to appoint another representative to replace Ken Roe for the Nyona/South Mud Lake Area to attend the Conservancy Meetings in Indianapolis, as he does not own land in that District. Rich also notified the other member of the Board that now the Conservancy Board makes these appointments instead of the Board of County Commissioners; also, the Conservancy Board was given the power to make the reappointments. This concluded the business transacted. Leslie Walters made a motion to recess this meeting. Roger Rose seconded this motion. Meeting Recessed at 11:20 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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