ࡱ> bda7 hbjbjUU &7|7|dl <>>>>>>>>vxxxxxx$ >>>>>v>>vvv>>>>8v>vvv>>>2 (dnT">>0>qvq>vhFULTON COUNTY COMMISSIONERS MEETING July 6, 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 9:05 a.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R. Walters; also, Attorney Greg Heller and Auditors 1st Deputy Viki Lawson. Highway Department: Assistant Superintendent Mike Clark reported that as of last week the Cold Patching is complete, laying almost thirteen thousand tons, covering about two and one-half miles. Friday they started chipping at eight a.m.; as of today they are patching ahead of the Chip Crew. The plans now are to do hot mix, and build some road between old 31 and new 31 later on this Summer/Early Fall, as well as, some over East. Mike reported they went to Freds and talked with Deb Fred on 300W & SR 114, about the dust problem they reported. Mike stated that what had happened there is that they just did the center of the road, which they normally do; but with so much truck traffic, they were running close to the edge of the road causing the dust. Mike said they had another distributor brought in and laid another load and this time it was laid all the way to the edge of the road. Mike stated that should make the road in good shape. Mike said that the calcium starts working immediately as it is wet and you can grade through it and it comes back; also, doing it every year you do not have to apply as much on it. This was discussed. Mike reported on road 550N and 250E they had investigated that intersection. Mike said he is looking for the landowner on the SE Corner. Mike said there is a hill and part of it is on the County and the other part on the landowner; Mike explained if they can get the hill cut down there would be good visibility without putting in a 4-Way Stop. This was discussed. Mike was asked about the situation on gravel road 400 where McMillans live. Mike said, yes it needs to be graded; and explained this to the Commissioners. Mike said that should be taken care of this week. There was a discussion as to the progress of stripping the roads with hills, and 450N, west of the 31 Bypass was discussed. Mike stated that Scott is making a list of Stripping to be done. There was a discussion of mowing and spraying the roadways; also the bridges. Public Defender: Karin L. Fowler, Administrator presented an Additional Appropriation Request, amount $20,418.90. Karin explained the detail list attached; this is pretty much not all for this year, she will probably have to come back later in the summer. The commissioners asked if the Council had cut the budget, Karin explained they did not cut the budget they did increase it, but recalled that last year the caseloads were quite a bit and again she explained. Karin answered the question regarding the courts, stating they are doing better following the order through and making sure the order gets taken care of. The discussion continued, and the use of Fund #529 Public Defenders Supplemental was discussed as a possibility for Attorney Fees, in certain cases. Karin stated because she has a few more bills coming in she couldnt specifically say the amount. Karen was told the Board would act on the appropriation later on, but the consensus was to approve. Karin asked if the Council must approve it also, and the answer was yes. Sheriffs Department: Sheriff Roy Calvert reported they are working on the cellblocks, the prototype is coming along but not everything has been worked out. The Sheriff said on the work release fees, they are mostly $10.00/day and they would like to raise it to $15.00/day. The Sheriff stated he could not find any ordinance/anything in the past for an amount. The Sheriff explained because of the inmate population they would need additional appropriations in the near future on beds, clothing, food, etc; it is not a transfer of funds, it will be an additional appropriation; also, with the increase in gas prices there is also that possibility, in the later part of the year. The sheriff reported on the medical and that there is about two months left before this money will be needed; also, two months for bail. The Sheriff stated that there is a Repair of Equipment Fund that he is going to try and transfer some funds, this he explained. He informed the Board that this request for additional money is due to the increased population at the jail. The Sheriff said they are waiting on the Insurance Company regarding the Animal Control Truck and this does need to be replaced as quickly as possible. The Sheriff said they are now using the truck of a special deputy, and paying for his fuel, which is a diesel, no salary. Sheriff said that Gene Baker is still wearing a neck brace, but he says he is feeling better. The Sheriff asked Attorney Heller about a contract being drawn up with Toby Seiler for the lock prototype; this he explained, because of needing a definite time for completion. This was discussed. There was a discussion on the pay and need for interrupters. Sheriff told the need for a Chinese interrupter, which was complicated. There were questions from the Board on Claims presented, which the sheriff explained. Kewanna Town Board & Union Township EMS: They wanted to inform the Commissioners of their meeting. He said they have a concern about the response time considering the distance and was hopeful it would be as short as possible, comparing it to living on the edge of Rochester. Also, they would be hopeful for an equal level of the quality of the service. There was a question and discussion period. There was a concern as to where the money would be coming from; this too was discussed. Courthouse Maintenance: Joe Morrow said he needed money for the air conditioning contract. Joe informed the Board there was money for each building in Cum Cap; $25,000.00 for each building for maintenance that could be split to get the money for the project. Joe explained what would be done before and after. Joe explained the cost to do the doors, as every door is different. This was discussed. Animal Shelter Discussion: Kim Bowyer said they were just coming before the Commissioners to let them know they are just getting started in trying to establish a Humane Shelter in the county; in that they have started a fund and some fund raisers for this purpose. She stated everything seems to be going good, with good feedback from everybody. She said talking with the person in charge of Starke Countys they learned there is a Foundation in Northern Indiana that will help, with grants for some of the procedures; also for building a shelter. She said they had heard of talk that the Commissioners were trying to purchase land for the county and wanted to know if it would be possible to use part of that land to put a building on. Attorney Heller asked Kim just what could the County do in a situation like this, not to interrupt their funding? She said she was told Pulaski County does not have its own Humane Shelter, so they use Starke Countys Humane Shelter and basically what they do, is pay the Humane Shelter for housing, kind of like Fulton County does right now to Dr. McKee, which would be a tremendous help as they still have their own animal control officer and he just takes the animal to Starke Countys Shelter and they only pay for the housing. She continued to explain, stating that Starke County does not have an Animal Control Officer, the person she talked with stated they take care of everything. Kim said they have been invited to set in on one of Starke Countys Board of Directors Meeting. Kim stated the Community Foundation has offered to help in the writing of the Grants. Attorney Heller asked then in these early stages what were Kims thoughts of what the Countys participation would be, just the Animal Control Officer and maybe some land? Kim stated that and some housing would be a tremendous help. As the discussion continued, the question of who pays for the operation in Starke County was not exactly known. Kim stated todays presentation was just informational. The Commissioners thanked them and asked that they be kept informed. Communications E-911: Steve stated that he and Emergency Management were working on some grants for a 800 MHZ State Wide System, and it comes in two phases and we should get around eight thousand dollars. Steve said he did not bring that paperwork with him. Steve said the State needs the Memorandum of Understanding that basically just says that the County will work with the State, we wont try to override their system and they wont try to override ours. He stated it did not have to be done today, but he wanted to inform the Commissioners because it does require all of their signatures. This was explained and discussed. A short recess was taken. Board is back in session. Bruce Lake Easement: Rich stated that even though some information is known about this situation; more contacts should be made; Attorney Heller stated he would do more research. The consensus was to include this in the Agenda for August 2, 2004, Commissioners Meeting. In the discussion of contacts to be made Attorney Heller stated Thomas Haack would call for the date and time scheduled. Rochester Township Assessor: Carol Loebig, Township Assessor stated she was asking for permission of a Transfer from Maintenance Equipment in the amount of $1150.00 to Mileage and Extra Help. Carol detailed the need for this transfer. There was a discussion of the mobile home parks as it was the thought that a person from the County Assessors Office did that; Carol stated not for the mobile home parks in the Rochester Township Area. Carol stated that had always been the Rochester Township Assessors responsibility. Carol further stated that money being tight and not foreseeing a need in Maintenance Equipment, she requested the transfer versus an additional request; also, she explained this, also what they do for the Township Trustees, to the Board. Following a thorough discussion the consensus was that a transfer is not much of a problem and action on this request will be handled later in this meeting. Commissioners Minutes: The Board reviewed the minutes of the Commissioners Meetings; Commissioners Meeting June 7, 2004, was discussed. Roger stated he felt in the minutes of the Public Hearing the word eyesore should include (County Line Landfill). The minutes of the Joint Council & Commissioners Meeting June 7, 2004, were reviewed. The minutes of the Commissioners Meeting, June 21, 2004 were reviewed. Roger Rose made a motion to approve the minutes of the June 7th Commissioners Meeting, June 7th, Joint Council and Commissioners Meeting and June 21st, Commissioners Meeting, as corrected; this motion was seconded by Leslie Walters. Motion passed 3-0. Heating and Cooling: Rich stated that Hufnagel Equipment, Heating & Cooling had worked many places one being the Rochester High School; they come in evaluate the system, tell you what is wrong with the system and how to fix the system and they will fix the system, if you want them to. Rich said they had talked with them to see what they could do for the county and he stated it sounded promising and they have a good track record to prove it. He further stated they said this system is off, while it is a good system it is just not set up right, as there are several things just not working. This was discussed, as to what had been previously discussed and noted there is a fee of $23,500.00 for this, which details everything they do. Attorney Heller asked if that was for both buildings, the answer was yes. This was discussed; also, the question what does the $23,500.00 include to fix it or just to come in and evaluate? Rich stated if something were broke, they would adjust it for that and that it is for the year, which would be through both the heating and air-conditioning cycles. The Commissioners continued to discuss and read their proposal. Attorney Heller said this is needed just to get to the point and pointing out exactly what is wrong. Attorney Greg stated to submit any claim, like breach of contract, or breach of warranty there has to be an expert or somebody that does this type of work to be able to say this was the problem and this should have been taken care of either by the subcontractor or the contractor; this would be the first step in that process. The discussion continued and noted that it would be good for Spike to know that we are going to incur this cost $23,500.00 to evaluate this system; also, as his final opportunity to get this system working properly. Attorney Greg stated it would be good to say that everything was done, that could possibly be done, even to the point of getting a cost just to evaluate the system, if it should come to legality. He continued to explain; stating it has gotten to the point something has to be done to get it working; noting it is important to have a firm with creditably having done the investigation. Leslie Walters made a motion to go with Hufnagel Equipment Company on the Evaluation Agreement in the amount of $23,500.00. Roger Rose seconded this motion. There were comments and a discussion regarding this situation. Motion carried 3-0. As the Commissioners have written in the past, Attorney Greg Heller said they should write the letter, for a paper trail, to contract Spike of the Commissioners decision. Plan Commission: Casi Cramer, Director explained the Transfer Requests she was requesting. She said specifically one was the Equipment Repair/Maintenance for $236.00, which she explained. Casi then explained the Mileage for $2,000.00. These were discussed. Casi referred to the copies of Ordinances she had given out, which she detailed and explained. There was a discussion on the Ordinance that Akron has had and now that they are coming into the Countys Ordinance, the Countys Ordinance that will include Akron. Casi stated she needed to know if the Commissioners had any questions about the information that she had given them? Casi said in regards to an inspector she could not pay for one out her budget for everything they needed to do. She said she would need more part-time office help. This was discussed. Casi stated she intended to say to the Rochester City Council if you are interested in this at all, she needs to know because she has to include this in her budget for next year. At this time Casi stated another thing she would like for the Commissioners to do is put the Building Inspector under her office, so they could issue their building permit and everything at the same time, possibly even combining the permits together so there is only one permit. This was discussed. Rich told Casi the Commissioners would talk with Gary. Casi said what she is asking from the Commissioners today, do they want to hire a consultant or do you want Casi to handle this in-house? She went into detail and stated her recommendation would be in-house, this she explained. Greg said this was discussed a few months ago at Plan Commission Meeting whether to hire a consultant or go in-house and the consensus from all the Plan Commission Members was definitely to stay in-house and keep away from a consultant. He explained and there was a discussion. Casi further stated that the time that she and her staff are putting into this in-house that they are compensated for the actual work, as she does not receive either comp time or overtime. Casi said at the present time she is hired by the Advisory Plan Commission and when the Area comes into effect the Area will hire her or they may not as they may hire whom ever they choose. She went on to explain. Casi referred again to the packet she handed out, stating she had noted the number of meetings she and Erica attend, because she is asking for four thousand dollars, for overtime for Erica. Erica does receive Comp Time; this is just in case the Area Board was formed and met this year. Casi stated that would be a tremendous amount of work having to do four sets of minutes, if there is a meeting every week; the minutes will have to be done copies made and mailed each week. She explained and a discussion continued. Roger Rose made a motion that the Board proceeds with having Plan Director, Casi Cramer handle the development of the Ordinances for the Area Plan Commission as recommended by the Plan Commission. Leslie Walters seconded this motion. There was no further discussion. Motion carried 3-0. Casi then asks about the Appropriation? Casi explained it would be how to pay herself and Erica for extra time while there are two Boards going. Rich asked if that was in the amount of $19,000.00, Administrator $15,000.00 and Overtime $4,000.00? Casi said, just looking at one-half of that amount. This was discussed as if Rochester comes in or Kewanna comes in, and then this is going to be different, yet. Casi said this would be for the in-house work done this year. Casi stated she was going to take the Akron Ordinance and put it into the format the County already has. She explained this and how much extra work this will put on Erica. Casi was asked if this would be the maximum, she said yes; however that depends on how the Councils wants to do it; if they dont want to do it hourly they can put it in the salary, she has no objections she will just keep track of her hours. Casi stated that it would go into her salary line item, basically so when the State Board of Accounts looks at her W-2 for total pay it will also match what is in the budget. She stated the $4,000.00 was only for Erica and that is only for the minutes that she will be doing and for the Area Board Meetings. The Advisory Board Meetings those will be Comp Time. Casi said what she has heard is that Erica can choose what she would like either Comp Time or Overtime and she explained this into next year. The Board discussed this Additional Appropriation. The Board discussed the fact they should make contact with Fulton and Kewanna again as to becoming a part of the Area Board. Casi stated she was sending out packets to all the Council Members today, to make sure they understand. The discussion continued. Rich said, he would ask again why could they not have some of the monies. This was explained and discussed. Roger Rose made a motion that the Commissioners recommend to the County Council that in the process of transition into an Area Plan Commission that new municipal entities that choose to participate in the Area Plan Commission are ask to contribute a share of the costs of the funding this new Area Plan Commission as negotiated by the Council. Leslie Walters seconded this motion. Motion carried 3-0. Enid Cleaning Contract: Rich stated that the 3-year Contract For Cleaning Services for the Fulton County Office Building located at 125 E. 9th Street, Rochester, IN 46975 was signed, and becomes effective on July 1, 2004 through June 30, 2007. A copy of this contract is on file in the Auditors Office. The Board recessed for lunch. The Board is back in session at 2:15 p.m. BOAH Contract: Rich informed the Board that the annual contract with BOAH, Indiana State Board of Animal Health; the cost is $1,000.00 and covers the Bovine Brucellosis and Tuberculosis Programs. Leslie Walters made a motion that the BOAH Contract is extended for another year with the Indiana State Board of Animal Health at $1,000.00 per year. Roger Rose seconded this motion. Motion carried 3-0. The Board signed the two copies; those together with a check will be mailed to the Indiana State Board of Animal Health. New Business: Rich mentioned again the need for a back-up place for their Commissioners Board Meeting on July 19th, as it was thought the regular place would not be large enough. Rich said he was to contact Orv Huffman about the availability of the Auditorium at the High School. Rich stated he received a reply from Mr. Huffman stating no charge, to use that for back up. This was thoroughly discussed. Attorney Heller noted this is not a Public Hearing required by State Statue, its just part of the regular meeting, wanting public input. The discussion continued. The consensus was to inform Orv Huffman we will use the Auditorium, just as a back up of the regular meeting on July 19,2004, will be held as usual, space permitting. Additional Request: Commissioners: County General 101.38300.000.068 Historical Society $ 1,000.00 This was discussed and it was noted that this budget was cut $1,000.00 in 2003 Budget Hearings according to them. Then they were told to go to the Tourism Board to make it up. The Tourism Board would not give it to them, now they would like it restored. This discussion continued. The consensus was to sign this request. Public Defender: 101.271.11029 Conflict Attorneys Fees $ 19,536.70 101.271.12043 Invest Exp Witness Trans $ 397.75 101.271.12043 (shortage on prior claims) $ 484.45 The Board heard this Additional Request earlier in the meeting. Their consensus was to sign this request. Advisory Plan Commission: 101.11007 Administrator $ 15,000.00 101.19004 Overtime $ 4,000.00 Auditor: 101.191000.000.002 Extra Help $ 5,000.00 County Highway: 702 MVH: 702.22700.000.531 Bituminous $100,000.00 706LRS 706.23000.000.000 Bituminous $150,000.00 The above Additional Requests were discussed, approved and signed by the Board. Transfer Request: Advisory Plan Commission: From 101.32001.000 Legal & Consultant $ 2,000.00 To 101.31102.000 Mileage $ 2,000.00 Advisory Plan Commission: From 101.32001.000 Legal & Consultant $ 236.00 To 101.38800.000 Equipment Repair/Maintenance $ 236.00 The above requests were presented and discussed earlier in this meeting. Rochester Township Assessor: From 101.013.36000.000 Maintenance Equipment $ 1,150.00 To 101.013.31102.000 Mileage $ 300.00 101.013.19000.000 Extra Help $ 850.00 The Rochester Township Assessor earlier in this meeting presented the above request. Fulton Co DFC: From 843.31900.000.219 Preservation Services $ 20,000.00 (32540) To 843.32003.000.219 Misc. Costs for Wards $ 20,000.00 (32550) The Board reviewed and signed all these Transfer Requests. Claims and Payroll: The Commissioners reviewed, approved and signed the Claims and Payroll for payment. Monthly Reports: Inspector Mike Early presented the Monthly Report for the Weights and Measures Program. The Board reviewed and approved this report. Old Business: Rich stated he had talked with Building Inspector, Gary Madlem. Gary reported he had sent out all the certified letters as instructed. He heard from four out of the eight. Two were fixed immediately, two have done nothing and the rest of them will not sign for the letter. Rich stated the Board now has ten (10) ten to fourteen (14) days before step two. New Business: Leslie said he had received several calls and also Township Trustee, Jim Showley; approached him regarding the Citizens Cemetery. They complained about the mowing; also, broken tombstones; they want better care. Leslie stated he went to the cemetery, the mowing had been finished, but as for the tombstone, he feels it is the age of the stone. This was discussed. Leslie reported when he finally talked with Sammy Stephens he found out that Sammy had been in hospital; however, he had contacted three young boys that were going to trim it for him, but they never showed up. Leslie stated the people that complained wanted a lot of extra things done. As the discussion continued it was noted that there had been several contacts; Leslie stated he had informed Sammy of the complaints. Leslie said he had taken some pictures and he will continue to monitor. Leslie stated he went to Aubbeenaubbee Township and he could not contact Gary Feece, so he talked with some guys and set a meeting for July 21, 2004, at the Community Building; if that does not work out, they will do another date. Leslie said this is to be a meeting like those on EMS. Rich wanted it noted that this is their meeting, not the Boards and they should set them up. The discussion continued. Roger said he had tried to contact Dr. Deardorff on the Animal Shelter takeover; he had even left word, but no returns. Roger will continue to try and reach him. Rich asked Attorney Heller where the fines go that are collected regarding an Animal Control Ordinance? Attorney Heller replied they are paid at the Clerks Office, he will check with the clerk and find out. The discussion on the fines continued and it was also noted that Gene Baker, Animal Control Officer, could file these. The discussion continued. There was a discussion on the Executive Session Meeting set for July 12, 2004 at 1:30 p.m., regarding an employees job performance. This will be an advertised meeting. There was a discussion on the Commissioners Meeting Budget Workshop, set for July 12, 2004 at 2:30 p.m. This concluded the business transacted. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion passed 3-0. This meeting recess at 3:43 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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