ࡱ> \^[7 XbjbjUU &t7|7|Tl (DFxxxxxxxx$ xxxxxxxx xx8xAxl Xo& Y0Fa,^FULTON COUNTY COMMISSIONERS MEETING August 2, 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 Auditor Denise J. Bonnell. Highway Department: Superintendent Scott Tilden gave the Board and update on Bridge #2 at Leiters Ford. As for the Utility Companies the gas company has been working, the gas line is bored under the river and pretty well complete, but he stated the Electric Company, NIPSCO, does not show up to work for five days, the poles are laying along the road, which puts the project one to two weeks behind schedule. Scott said as for the REMC and Rochester Telephone Company they have been in and out. Scott told the Board he was going to talk with Pat Sullivan from Strand-Seico today, as they have four/five more work days. This was discussed. Scott said he received e-mail from Sean Porter, stating that Fulton County Bridge #88 Mt. Zion Bridge has been approved for bridge replacement funds, from the Federal Bridge Program. Scott read the details to the Commissioners. This was discussed. Roger informed Scott he had a conversation with a relative/friend of Charlotte Samuelson regarding the situation on CR 550N & 250E. Roger said he informed him that Scott was concerned about them building the fence all the way to the corner where it is cleared to shape the hill down, that would defeat the countys purpose. The gentleman said he would convey this message to her. Roger asked Scott to stake this out where he thought the corner should be, for good visibility; Roger will get in touch with the relative/Ms. Samuelson. Building & Flood Plan Inspector: Director Gary Madlem reported that out of the eight notices sent on the dilapidated buildings he had received seven responses and the one not signed for is out of California. Gary said three responded as follows: Lloyd Glassburn is removing his trailer and should be done within the next two weeks. Shelia Yockey already has it torn down and is just cleaning up the mess. Charles Harris out of Indianapolis is coming up regularly and is trying to get it cleaned up; he told Gary if the structure has to come down let him know. Gary explained this property to the Board; also, how he makes the decision it needs to be torn down. Gary reported on the four that had signed for the notice as follows: Larry Boetsma, Culver responded to the letter they have delinquent taxes in the amount of eighty-eight dollars, its a mobile home that just needs removed. They have not made contact with Gary. He referred to Grandstaff that has delinquent taxes and he explained the situation, he knows the something has to be done. There has been no response from Patrick Casey at Delong and the same with Nixon at Hobart; also, one not signed for Cecil Patsel. Gary asks what he should do now, as these were all scheduled today for a 9:00 a.m., Hearing. The discussion continued and included a review of the previous instructions that were given to these property owners. Attorney Heller recommended since these were schedule for a Public Hearing, the Board should take each one at a time; Gary is to explain the problems and the recommendations he made; then the Board acts on each one for a public record. Lloyd and Marsha Glassburn, 610 North Maple Lane, Rochester, IN. Lots 9,10, 11 and 12, block 5 Unit 1, Tippecanoe Shores. They responded to their letter and we have received confirmation. They are removing the mobile home; Gary recommends to the Board that they be allowed to go ahead and remove the mobile home. Attorney Heller recommended the Board continue this hearing. Roger Rose made a motion in regards to the Lloyd and Marsha Glassburn property on Tippy Shores that the Board approves Garys recommendation that the mobile home be removed and to continue this Hearing on the Glassburns Property until September 7, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Shelia Yockey, 1634 Cedar Lane, Rochester, IN. Lots 19 and 20 block 10, Unit 12, Tippecanoe Shores. They have responded to their letter and we have received confirmation. Gary said he recommends the removal of the mobile home, unsafe for person or property inhabitation. Gary stated this home has been removed and they are cleaning up the debris as Shelia was in his office Friday and said it should be done by the end of next week. Roger Rose made a motion to approve Garys recommendation in regards to the Shelia Yockey property on Tippy Shores to proceed with the removing of the mobile home and cleanup of all debris and to continue this Hearing to September 7, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Charles Harris, 1950 Landmark Drive, Apt. #310, Indianapolis, IN. The property location is 9106 Washington Street, Lots 5 and 6 Marshland, Aubbeenaubbee Township, Section 16-31-1. Gary stated on this property he recommended that the Board give him time to meet with Mr. Harris to inspect the interior of the property to decide whether the structure can be brought up to standards or to be removed. Gary said his original instruction to Mr. Harris was the removal of part or all of the unsafe building from premises. This was discussed. Leslie Walters made a motion to continue this Hearing on the Harris Property at 9106 Washington Street until September 7, 2004, at 9:30 a.m. Roger Rose seconded this motion. Motion carried 3-0. Robert and Patricia Case, P. O. Box 527, Delong, IN. The property location is Erie Drive, Tippecanoe Shores Lots 27, 28 and 29 block 5, Unit 1. Gary said this is a mobile home that is abandon and he recommends that it be removed. Gary stated they signed for their Registered Letter, but they have not made any response to him. Gary said it is an abandon trailer that is not permanently mounted on the property it is just sitting there. He believes kids are using it as a clubhouse, which Attorney Heller stated is a danger to the public, inviting trouble/public nuisance. Roger Rose made a motion to approve Gary Madlems recommendation to remove the mobile home owned by Robert and Patricia Case at Tippecanoe Shores due to it being abandon and being an attractive nuisance; also, to take all steps necessary to have it removed. Leslie Walters seconded this motion. Motion carried 3-0. Donald and Doris Nixon, c/o Doreen Hendricks, 1022 Lily Street, Hobart IN. Lots 1, 2, 3 and 4, block 4, Unit 1 Tippecanoe Shores. This is a camper sized mobile home 9x20; its a public nuisance and Gary recommends removal. Gary Madlem said he received a response by signature only for receipt of their registered mail on 6/24/04. Leslie Walters made a motion to accept Gary Madlems recommendation to remove the camper sized mobile on the property owned by Donald and Doris Nixon at Tippecanoe Shores; also, to take all steps necessary to have it removed. Roger Rose seconded this motion. Motion carried 3-0. Mark Grandstaff, P. O. Box 1663, Auburndale, FL. The property is on Cedar Lane, Tippecanoe Shores, Lot 26, block 10, Unit 2. This is an abandon mobile home with unpaid taxes of over one hundred and eighty dollars. Gary Madlem stated it is a fire hazard, a public nuisance and he recommends removal. Gary said he had received response by signature only for receipt of their registered mail. Leslie Walters made a motion to accept Gary Madlems recommendation to remove the abandon mobile home on the property owned by Mark Grandstaff property on Cedar Lane at Tippecanoe Shores; also, to take all steps necessary to have it removed. Roger Rose seconded this motion. Motion carried 3-0. Larry and Anita Boetsma, 600 West Jefferson Street, Culver, IN. The property location is Maple Lane, Tippecanoe Shores, Lots 17 and 18, block 5, Unit 1. This is a mobile home that has been abandon, some of the siding has been ripped off the sides, there is no door and its in extremely poor shape and he recommends removal. Gary said he had received response by signature only for receipt of their registered mail. Roger Rose made a motion to accept Gary Madlems recommendation to proceed with the removal of the abandon mobile home on the property owned by Larry and Anita Boetsma on Maple Lane at Tippecanoe Shores; also, to take all steps necessary to have it removed. Leslie Walters seconded this motion. Motion carried 3-0. Cecil Raymond Patsel, c/o Frieda Steenbergen, 6681 Sequoia Dr. View Park, CA. The property is located on old SR 17, Lots 94 and 95 in Marshland; these are the two houses that are along old 17 outside of Tippecanoe Shores. Gary stated he had no response; a letter was sent 6/23/04, but no signature-indicating letter received and no letter has been returned. Attorney Heller said for this, continue this hearing, set a date and try to get notice to the owner of the Hearing. Roger Rose made a motion in regard to the Cecil Raymond Patsel property, c/o Frieda Steenbergen, located on old highway 17, to continue this Hearing to October 4, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Gary stated the only address is on the tax form and the tax due on this property is delinquent in the amount of one hundred and forty-three dollars. Gary said he would send the second letter. Gary reported on the Sue Fair property that the building is down and now its just a pile of scrap. Gary said now people are complaining they want that cleaned up, which he explained is from the standing wall of the hotel, he will check on it again Friday. There was a question on the trailer. Gary stated the trailer, which is her grandsons is already under order to be moved. If she doesnt conform to the order she will be fined. This situation was discussed. Bruce Lake Easement: Property owners, Thomas Haack and Gilbert Vallis owners of Lots #53 and #54 Showleys 2nd Addition had previously came to a Commissioners Meeting in June with their request to put in a pier as access to the lake. Because it was necessary that a search be made of the records they were asked to return today. Attorney Heller stated that their original request was permission from the County to put a pier at the end of the alley, which is owned by the County, on lake Bruce. He said, the law in this area has said that in order for a county to put in a pier to access the lake you have to look at what was the intention of the grantors when this was platted out; was it just for the alley and to go up to the lake for fire fighting reasons, or what or was it really to enjoy and actually get onto the lake. He stated when this was platted out it didnt make any specific notations on that; in more modern easements there is more detail of what the actual intentions were. He stated that the record in the Recorders Office has nothing that addresses this. He continued to explain that this is back in the early 1900s and the possibilities; and from that standpoint he doesnt think there would be a problem for the county to allow a pier at the end of that alley. Attorney Heller said he wanted to be clear on their request, which was they just wanted permission from the County to put in the pier and they would put it in themselves; they were not asking the County to do it. He stated that way he would be inclined to recommend that to the Commissioners, than for the Commissioners to say okay we are going to put in pier in there, which he explained. Again Attorney Heller said this would be a decision for the Commissioners to make, but he didnt see a problem with that if there was some sort of an agreement in writing between these landowners and the County that makes it very clear that they would be responsible for any liability, should anybody else use it and they get hurt, it is not going to come back on the County. Its solely a written agreement from the County giving these landowners permission to place a pier there. Attorney Heller asked the men if they had talked with the adjacent property owners on either side of that alley. They said, yes they had and they were told to go ahead put one out there; but they replied they wanted to do it the right way and get the permission. This was discussed and Attorney Heller said he would be appreciative of something in writing from the two property owners that are adjacent to the alley stating their approval for the pier not that they are complaining about it; also, that should anything happen the liability is on the property owners, not on the County. The men asked about people tying boats to the pier. This discussion continued. Following this discussion, it was determined by a consensus of the Commissioners what they need from the property owners is a written agreement with consensus from the adjacent property owners to the pier, permission for the pier and verification of liability coverage. This was agreeable to them. E911: Steve Reese said he had nothing special, but did asked the Board if they thought the statewide system he brought in about a month ago was ok and signed it. Rich said they didnt do anything; Attorney Heller said at that meeting he did look at it and he didnt have any problems with it. Rich said if he didnt have any then the Board wouldnt. Steve was asked if he had heard back from Indianapolis, regarding the tower at Fulton? Steve said it has been temporarily approved for frequencies, they dont have them as yet and the explained this to the Board. Rich informed Steve some of the citizens were concerned about correct E-911 addresses. Steve stated the big problem there is no set requirement for a portion of the job that he assigns a new address. He explained this to the Board. Steve spoke of the Think Map now that WTH is now located in Rochester, which he explained. This was discussed. Fulton County Transpo: Terry Moore, Director presented the Quarterly Operating Data Report stating she had good news again that things were going well; the numbers are up over the second quarter of last year. Terry stated that June, July and February are the slowest months of the year. She said things are going well with the two new vehicles, especially the one with the ramp. Terry stated they had a compliance review last week by INDOT. She stated this is their first compliance review; after being in operation for a minimum of three years INDOT brings in a firm that reviews all the records, a 94-page document. Terry briefed the Board on this review and she said they were well pleased and gave them a good report. She said they must have Public on the vehicles, which they were not aware of. It is for the public, so, Terry said they would be putting that on their vehicles, telling everyone it is open to the public. She explained they have a Mission Statement but it does not address transportation specifically; therefore, they will write a new Mission Statement. Terry said she would be writing the grant for next year. She said they have already been notified of an increase in funding for next year. She said the statistics now are 51% public and 49% seniors. Terry told the Board for maintenance on the vehicles, they try to go several places. The Board recessed at 10:48 a.m. The Board are back in session 10:55 a.m. Commissioners Minutes: The Board reviewed the minutes of the Commissioners Meeting, July 19, 2004. Leslie Walters made a motion to accept these minutes, as corrected. Roger Rose seconded this motion. Motion passed 3-0. Review of Employee Expense Reimbursement Ordinance: Rich stated that the concern is that the amount allowed now is not enough to actually cover the expenses of meals. This Ordinance was amended in 2000; it allows each individual a total of $30.00 per day. This was thoroughly discussed. It was also noted this Ordinance covers reimbursement, not establishing a fee for services, etc. Roger Rose made a motion to increase the allowable meal expense for county employees to forty-($40.00) dollars with the individual meal allotment proportionately adjusted. Leslie Walters seconded this motion. Motion carried 3-0. Auditor Denise said she would take care of the amendment to the ordinance and the advertising and have it ready for the next Commissioners Meeting, August 16, 2004. Monthly Reports: The Citizens Cemetery Report ending 7/22/04 was presented to the Board. It indicates a need for more money; the auditor checked and there is a $4200.00 balance in the budget. Roger Rose made a motion to transfer $2,000.00 to this account. Leslie Walters seconded this motion. Motion passed 3-0. Leslie said he had been going to the cemetery about every three days, looking it over and taking photos; and right now, he has been really staying up on it. Inspector Mike Early filed the Weights and Measures Report for the period 6/16/04-7/15/04. The Board reviewed this Richard Bair, Veterans Service Officer filed the City and County VSOS Monthly Report for July 2004. The Board reviewed this. . Claims and Payroll: The Commissioners reviewed, approved and signed the Claims and Payroll for payment. Additional Request: Coroner: 007.31000.000.007 Autopsy $ 5,500.00 007.31100.000.007 X-Ray and Lab $ 3,450.00 Circuit Court: 101.232.31106 Equipment $ 200.00 101.232.45001 Law Books $ 3,500.00 101.232.21004 Office Supplies $ 250.00 Sheriff: 101.005.36000 Sheriff-Other-Maint.Equip. $ 3,000.00 Jail: 101.380.22200 Jail-Supplies-Inmate Supply $ 2,500.00 101.380.31003 Jail-Other-Medical-Hospital $15,000.00 101.380.39104 Jail-Other-Prisoner Meals $25,000.00 The above Additional Requests were discussed, approved and signed by the Board. Transfer Request: Rochester Township Assessor: From 101.013.31102.000 Mileage $ 24.30 To 101.013.36000.000 Maintenance Equip. $ 24.30 Emergency Management: From 101.21002.361 Other Supply $ 150.00 To 101.22001.361 Gasoline $ 150.00 Surveyor: From 101.35100.000.006 Repairs-Garage & Motor $ 450.00 To 101.36000.000.006 Maintenance on Equipment $ 450.00 Tourism Committee: From 212.000.21100 Postage $ 1,100.00 To 212.000.31300 Research & Grants $ 1,100.00 From 212.000.3200 Telephone $ 1,000.00 To 212.000.31300 Research & Grants $ 1,000.00 From 212.000.31103 Professional Fees $ 500.00 To 212.000.31300 Research & Grants $ 500.00 From 212.000.31005 Attorney Fees $ 1,000.00 To 212.000.31300 Research & Grants $ 1,000.00 From 212.000.31202 Membership & Subscription $ 500.00 To 212.000.31300 Research & Grants $ 500.00 From 212.000.90900 Misc. Disbursements $ 1,000.00 To 212.000.31300 Research & Grants $ 1,000.00 From 212.000.21107 Publications $ 2,500.00 To 212.000.31300 Research & Grants $ 2,500.00 From 212.000.21000 Office Supply $ 1,000.00 To 212.000.31300 Research & Grants $ 1,000.00 Drainage Board: From 101.063.31102 Mileage $ 15.00 101.063.36001 Repair Equipment $ 15.00 The Board reviewed and signed all these Transfer Requests. Tourism Commission: The Board discussed this appointment that was carried over to this meeting to be made. This would be a replacement for Sharon K. Cook who has resigned. Roger stated he would make some contacts. This will be on the Agenda of the Commissioners Meeting August 16, 2004. 11:40 a.m.- Roger Rose made a motion to recess for lunch; Leslie Walters seconded this motion. Motion carried 3-0. Commissioners are back in session at 1:35 p.m. New Business: Rich informed the others on this Board of a meeting regarding a Comprehensive Management Plan, September 23, 2004, at 9:00 a.m., and the subject will be Biological Attack, which is pretty complicated. The Board noted they had received a settlement in the amount of $9,017.00 for the Animal Control vehicle that was wrecked. Considering this settlement the Additional Appropriation needed for another truck would be $18,000.00. Rich informed the Board that Parke Baxter had asked if the Commissioners would give the Park Board the Old County Landfill located on Old US 31 North? Roger stated that Ernie Hiatt had spoken to him, also. This was thoroughly discussed. Roger will write a letter of general support of the idea of turning the property over to the park board pending provision of a specific acceptable plan for the use of the property. Dr. Boldry had talked to members of the Board regarding a job description for the Health Board. This was discussed and the consensus was to put it on the Agenda for the Commissioners Meeting, August 16, 2004. Old Business: Roger brought up the Animal Shelter, noting maybe we could contract some service with a surrounding a county. This was discussed. The consensus was that the Board would check out the surrounding counties as an option. This concluded the business transacted. Roger Rose made a motion to recess this meeting; Leslie Walters seconded this motion. Motion passed 3-0. 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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