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Bonnell and 1st Deputy Penny Bramble. Highway Department: Superintendent Scott Tilden presented Permits #08-110 and #08-111. Permittee for both permits is Bryan Tam. Scott read the location of both permits and described the work involved, as well as stating that Condition #5 applies to these Permits and states that the road cut permittee is to pay all expenses associated with the road cut and maintains it for life. Contractor Paul Slisher will be doing this work. This was discussed. Roger Rose made a motion to approve Permit #08-110 and Permit #08-111 for Bryan Tam for a manure line. Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed these Permits. Scott gave an update on Bridge #2 at Leiters Ford. Scott said they dealt with a lot of high water last week; also, they finished the sheet piling for the pier and they are beginning the work on the south pier, as well as offsite work. Scott made further comments on the Utility issue, which he explained. Scott stated he had talked with the gentleman as the Board requested; also, Scott explained the situation to the Board and will carry through on it. Scott said he would be talking again with Pat Sullivan. Scott said he had a paper for the Board to sign for INDOT that he explained and would present this to the Board later on; the Board had no problem in signing this paper. Roger informed Scott of a call regarding a problem on Olson Road about a mile from the stop sign; the pavement is gone and it is unsafe, location one mile west of old US 31. This was discussed and Scott will check it out. Sheriff’s Department: Sheriff Roy Calvert presented his Monthly Activity Report for August 2004; also, gave an update on the jail as they are working on the door locks and they should be finished in four weeks. The Sheriff was talking about getting back into a weekend work-release program again, this he explained and questioned if there should be an ordinance regarding this. The Board will discuss this with Attorney Greg Heller. The Sheriff said they are still waiting on the Animal Control truck. This was discussed. Rich said he would give Gene Baker a call. Building & Flood Plan Inspector: Director Gary Madlem said on the (8) letters sent out on the condemning of the buildings, he has now received all the receipts back; with a correct address in Florida, that has been signed for, but he has not had contact with the individuals; five have already started cleaning them up. He said there is one individual that Gary Feece is working with also, he has not started cleaning up yet, but will be. Gary said he has not yet made contact with Mark Grandstaff in Florida or Cecil Raymond Patsel in California; however, both have signed for their letters. Attorney Greg Heller said what should be done now is having a short Hearing for each individual following through according to the letters that were sent and received. Building Ordinance Hearings 9:30 A.M. EST. President Richard Powell called this Public Hearing to Order concerning the following properties. Gary Madlem continued the hearing by informing the Board of the responses he had received. Owners Lloyd and Marsha Glassburn, 6310 North Maple Lane, Rochester, IN. The property location is Lots 9, 10, 11 and 12, block 5 Unit 1, Tippecanoe Shores, The owners are not present. Gary stated they have removed the trailer from their property and it is cleaned up; the trailer was moved to a lot beside them and will be gone this week. Roger Rose made a motion to continue the Hearing for the Lloyd and Marsha Glassburn Property to October 4, 2004 at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Owner Shelia Yockey, 1634 Cedar Lane, Rochester, IN. The property location is Lots 19 and 20, block 10, Unit 12, Tippecanoe Shores. Ms. Yockey is not present. Gary Madlem reported this property is cleaned up and finished; nothing more needs to be done. Owners 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 Aubbeenaubbee Township. The owners are not present. Gary Madlem reported this is not finished. Leslie Walters made a motion to continue the Hearing for Larry and Anita Boetsma Property to October 4, 2004 at 9:30 a.m. Roger Rose seconded this motion. Motion carried 3-0. Owner 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. The property owner is not present. Gary reported this property is not finished. Roger Rose made a motion to continue the Hearing on the Charles Harris Property to October 4, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Owners 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. The owners are not present. Gary said they signed for their letter but made no contact and Gary would like to send a second letter. Leslie Walters made a motion to continue the Hearing on the Robert and Patricia Case Property to October 4, 2004, at 9:30 a.m. Roger Rose seconded this motion. Motion passed 3-0, Owners Donald and Doris Nixon c/o Doreen Hendricks, 1022 Lily Street, Hobart, IN. The property location is Lots 1, 2, 3 and 4, block 4, Unit 1 Tippecanoe Shores, Aubbeenaubbee Township. The owners are not present. Gary said he had talked with Doris Nixon they will be down to see if this is something they can do, or will have to hire someone; Gary suggested this be continued to October 4th. Leslie Walters made a motion to continue the Hearing on the Donald and Doris Nixon Property to October 4, 2004 at 9:30 a.m. Roger Rose seconded this motion. Motion carried 3-0. Owner Mark Grandstaff, P. O. Box 1663, Auburndale, FL. This property is on Cedar Lane, Tippecanoe Shores, Lot 26, block 10, Unit 2. The owner is not present. Gary reported the letter was signed but he did not make contact. Gary suggested that he be sent a second letter. Roger Rose made a motion to continue the Hearing on the Mark Grandstaff Property to October 4, 2004 at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Owner Cecil Raymond Patsel, 6681 Sequoia Dr., View Park, CA. This property is located on old SR 17, Lots 94 and 95 Marshland, Aubbeenaubbee Township. The owner is not present. Gary reported the address was wrong and the certified letter returned; the letter was reissued and they just signed for it last week. Gary suggested that a second letter be sent and the hearing continued. Leslie Walters made a motion to continue the Hearing on the Cecil Raymond Patsel Property to November 1, 2004 at 9:30 a.m. Roger Rose seconded this motion. Motion carried 3-0. This concluded all the properties for which the Hearing was called. Roger Rose made a motion to close this Hearing. Leslie Walters seconded this motion. Motion carried 3-0. Hearing Closed. Bruce Lake: Robert Turner said he was informed that there was a scheduled hearing at 10:00 a.m., regarding a pier at Bruce Lake; he wants to protest the pier. He was informed the Hearing was scheduled to be at 10:30 a.m. and he could wait or return. Maintenance: Joe Morrow reported that the roof was fixed for the total cost of $8,000.00. Joe said that lightening destroyed the Smoke Detectors and Fire Alarms and the cost of those repairs was $9,401.52. Joe said there were 16 Alarms; also, it knocked out the big panel in the basement, he said there were thirty -(30) hours for labor, explaining this was done by Coursey the people who put it in originally. Joe said, the computer’s “main brain” of the system that runs the chillers and the furnace, etc. that too was knocked out and the cost for that was $3,050.00. Joe stated a week later in our next storm it knocked out his computer (hard drive) down stairs in the Annex Building; the cost for that was $3,875.00, this was discussed and Joe said he would have to get an estimate, if it is to be fixed, which he said there was not a choice. Joe said he had turned in a request to all three of the Commissioners to be transferred to the County Highway Department as of September 30, 2004. Roger asked if this County employee had any priority over applicants already on file. It was noted they should all be reviewed. Joe stated Scott had already said he could come, if the Commissioners approved. This was discussed. Joe stated Scott would like for him to start at least by October 15th. This was discussed as well as his vacation time. Following this discussion it was the consensus of the Board to talk with Scott and then they would get back with Joe in order to have a smooth transition. Treasurer: Treasurer Judy Reed said they are not normally open on Saturday, but with the tax due date September 15th; she is requesting permission to be open on Saturday September 11th, from 8:00 a.m. until 12:00 noon. She stated Saturday would give people the opportunity to come in that cannot come during the week. The consensus of the Board was favorable; just make sure the word gets out. Judy said they would advertise in the paper; also, put it on the radio. Commissioners’ Minutes: The Board reviewed the minutes of the Commissioners’ Meeting August 16, 2004. Roger Rose made a motion to approve the minutes of August 16th 2004 as corrected. Leslie Walters seconded this motion. Motion carried 3-0. Amendment To The Fulton County Personnel Policies: Rich noted the change made was to the Reimbursement Of Employee Expenses. This was reviewed. ORDINANCE #081604E Amendment to Ordinance #090500E Dated September 18,2000 AMENDMENT TO THE FULTON COUNTY PERSONNEL POLICIES The Fulton County Personnel Policies as adopted are hereby amended as follows: REIMBURSEMENT OF EMPLOYEE EXPENSES. In some cases a County Employee will incur expenses in the course of conducting County business or engaging in activities which are of benefit to the County. Legitimate expenses incurred by individuals which are required to conduct County Business well be reimbursed subject to approval and appropriate documentation being submitted. In these cases, the following provisions apply: Expense Must be Budgeted or Approved. In all cases, the expense for which an employee seeks reimbursement must have been budgeted or else specifically approved by the County Council. Expenses not budgeted or approved may not be reimbursed. Job Related Training. In cases where an employee receives Job-related training, and especially in cases where the training received is required for the performance of job duties, the County may provide either partial or full reimbursement for expenses incurred during the training. A request for reimbursement must be submitted to the Board of Commissioners for approval prior to the training. If granted, reimbursement generally will be withheld pending notice that the course of training was successfully completed. In order to protect its investment, the County may require continued employment as a condition of reimbursement when an employee’s education substantially increases the employee’s qualifications. Employee Travel. Out-of-State Travel. Reimbursement for out-of-state travel and subsistence other than that necessary as a part of the routine operation of a County Department must have prior approval from the Board of Commissioners. This requirement applies whether the anticipated expenses are budgeted or not. An example of an activity requiring prior approval would be a special out-of-state seminar or convention. An example of an activity not requiring prior approval would be a prisoner transfer or a brief investigating trip by the Sheriff’s Department involving a neighboring state. State Called Meetings. (I.e., called by Statue or State Board of Accounts; does not include AIC or other association Meetings.) The County will reimburse for State called meetings for: Reasonable hotel/motel accommodations based on double occupancy where possible. State rate for mileage for using privately owned vehicle in lieu of public transportation. (Usually, one individual per office may claim mileage.) Forty Dollars ($40.00) paid per individual attending meetings. This Covers meals, parking, incidentals, gratuities, etc. Expenses exceeding $40.00 per day are not reimbursed. Receipts must be submitted. Other Necessary Meetings. An employee on authorized official County Business requiring overnight accommodations will be reimbursed for: Reasonable hotel/motel accommodations. Bus, taxi, and airport limousine transportation, including gratuity not to exceed 15%. Air, rail or bus tickets at lowest possible fare. State rate for mileage for using privately owned vehicle in lieu of public transportation. Per Diem of Forty Dollars ($40.00) for each full day of County Business in travel status. Per Diem covers meals, incidentals, gratuities, etc. Expenses exceeding $40.00 per day are not reimbursed. For periods of less than a full day an employee may claim $8.00 for breakfast, $12.00 for lunch and $20.00 for dinner if County Business requires the meal away from home in the performance of duties. Parking. Reasonable parking costs will be reimbursed with receipts. Overnight accommodation and per diem expenses are not allowed for meetings within 50 miles of Rochester unless authorized by the County Commissioners. (Excluding Statutorily Mandated expenses.) An employee on authorized official County Business attending a meeting not requiring overnight accommodations will be reimbursed for: Bus, taxi, and airport limousine transportation, including gratuity not to exceed 15%. Air, rail or bus tickets at lowest possible fare. State rate for mileage for using privately owned vehicle in lieu of public transportation. Necessary parking and storage fees. Actual meal expenses not to exceed $8.00 breakfast, $12.00 lunch, and $20.00 dinner plus gratuities not to exceed 15%. Documentation is required. Business related telephone calls. Documentation is required. Other necessary expenses with approval of County Commissioners. Meal expenses are not allowed for meals during normal duty hours for routine employee duties requiring travel. Mileage Rate. Employees who are reimbursed for mileage accumulated in the course of conducting County Business shall receive reimbursement at the rate determined by the Board of Commissioners or at a rate equivalent to that received by state employees. Other expenses. Other expenses incurred by County employees will be reimbursed only if approved by the Board of Commissioners. Employees should submit their requests within a reasonable time before the expense is incurred. Such requests will be dealt with on a case by case basis. Passed and adopted by the Board of Commissioners of the County of Fulton this ____, day of ____________, 2004. FULTON COUNTY BOARD OF COMMISSIONERS ________________________________ Richard A. Powell, President ________________________________ Roger D. Rose, Vice-President ________________________________ Leslie R. Walters ATTEST: __________________________________ Denise J. Bonnell, Fulton County Auditor Roger Rose made a motion to adopt Amendment to Ordinance #081604E, Amendment to Ordinance #090500E, Fulton County Personnel Policy. Leslie Walters seconded this motion. Motion passed 3-0. Additional Request: Veterans Service Office 0101.012.1000.19 Drivers $ 5,000.00 E-911 156.241.32103 Sprint E-911 Contract $ 11,000.00 Commissioners: 391.40009.000.000 Airport Improvement Grant $ 1,325.00 Cum Cap Sheriff: 391.45002.000.391 Sheriff Vehicles $ 25,000.00 MVH: Highway: 702.42100.000.533 Trucks/New Equipment $202,386.00 702.22001.000.533 Gas, Oil, Lube $ 25,000.00 Cum Bridge 0790 790.41000.000.790 Beaver Tail Trailer $ 18,000.00 Health Department: Tobacco Grant 803.11011.000.803 Coordinator $ 8,768.00 803.11202.000.803 Social Security $ 1,970.50 803.31008.000.803 Contracts/Proposals $ 6,261.50 803.41003.000.803 Computer Equipment $ 1,000.00 The above Additional Requests were reviewed, approved and signed by the Commissioners. Transfer Request: Commissioners From 101.39800.0.068 Consult Fee/Job Functions $ 2,225.00 To 101.30013.0.068 TB Patients $ 84.70 101.38400.0.068 Animal Control (Manitou Vet) $ 2,140.30 From 101.36002.0.068 State Institutions $ 1,000.00 To 101.38101.0.068 Veterans Markers $ 1,000.00 Maintenance: From 0101.36400 Sprinkler $ 300.00 To 0101.36003 Office Bldg. Repair $ 300.00 Rochester Twp. Assessor: From 101.013.11107.000 1st Deputy $ 700.00 To 101.013.19000.000 Extra Help $ 700.00 Advisory Planning: From 101.11007.000.036 Administration $ 15,000.00 To 101.19004.000.036 Overtime $ 15,000.00 Emergency Management: From 101.36101.000.361 Radio Repair $ 150.00 To 101.22001.000.361 Gasoline $ 150.00 From 160.31011.000.240 School/Meetings, Etc. $ 150.00 To 160.30011.000.240 Fax Machine $ 150.00 From 160.31011.000.240 School/Meeting, Etc. $ 100.00 To 160.21000.000.240 Office Supplies $ 100.00 The above Transfer Requests were reviewed, approved and signed by the Commissioners. Claims and Payroll: The Commissioners reviewed, approved and signed the Claims and Payroll for payment. Superior Court: The Board discussed the Memorandum from Judge Wayne Steele, regarding his hiring of Rebecca A. Sweany. Ms. Sweany had been employed in the Fulton County Clerk’s Office and he asked that the transfer to another county position be without a break in employment, not as the hiring of a new employee; all benefits that she accrued be carried forward to her employment in Superior Court and that the (8%) eight percent reduction of pay for new employees should not be imposed, etc. The Board discussed this thoroughly. Roger Rose made a motion to waive the eight percent reduction in the salary for Rebecca A. Sweany who is filling the Court Administrative Position in Superior Court due to the information provided that she is adequately familiar with the duties of that job. Leslie Walters seconded this motion. Motion passed 3-0. Monthly Reports: Weights and Measures: Inspector Mike Early submitted the Monthly Report for the period 7/16/04-8/15/04; also, stating there were no complaints received. The Board reviewed this report. Service Officer Richard Bair submitted City and County VSO’S Monthly Report for August 2004. The Board reviewed this report. Sammy Stephens submitted Citizens Cemetery Report for August 2004. The Board reviewed this report. Tourism Board: Rich asked Roger about the appointment of Sharon Cook to the Tourism Board? Roger stated he attended a meeting of this Board and found out that the Mayor makes this appointment, which Roger confirmed with the Mayor. Roger said he gave him the information especially the page that gives the criteria for the position, so he has agreed to take over that appointment. Rich questioned Leslie about the DLZ- Nyona Lake did he take care of that. Leslie said he would contact them. Lake Bruce Access: Thomas Haack gave to the Board the information they had requested of adjoining landowners; also, a liability statement and the owner that had voted okay, now wants to be against, which is Bob Turner. So both landowners on both sides of the alley are against putting a pier on the lake access. Rich said they wanted to hear from the ones that think they should not give permission for the pier. Attorney Heller stated the County is not looking to deed that land over to anybody; the people just came in asking if the County had any objections to giving them permission to putting in a pier. It was stated the pier they wanted to put in would be a floating pier and whenever the ice comes in, it could be taken out. Attorney Heller stated it shows up on the Plat as an alley. The discussion continued, especially the underground pipes associated with the old railroad water intake. This pier is considered temporary and will not extend more than one hundred and fifty feet in the lake; it would be used for foot traffic to go to the boat. There would be no recreation as it is only ten feet. They said it was up to the Commissioners whatever they wanted to do with it. The discussion continued. Attorney Heller advised the Board that the question was would the county give permission for a pier; the answer would be either yes or no. Those in attendance were asked and they stated they were leaving the decision up to the Commissioners. The discussion continued. The Commissioners’ consensus is they would deny this request basically due to the one landowner’s really adamant opposition. The group received the Commissioners’ decision; thanked the Commissioners’ for their time and departed. County Clerk: Clerk Karen Miller presented additional information on the Storm Damage. Claim #0404568, Insurance Claim To Date, she stated the first page is information from before, but page two is additional since they had more costs incurred, which she explained to the Board. Karen stated this is all she has to date; she stated basically the reason she is involved is the computer system, which she explained. 11:25 a.m. the board recessed, back in session 11:30 a.m. Old Business: Leslie reported on his visit to the Cass County Animal Shelter. Their staff consists of a department head and two part time people to help with the animals; they are County Funded. The location is at the County Highway Garage; they have their own building and that she explained how and why. They have their own budget $32,000.00 annually. The County owns the building. They receive the first 72 hours from the Humane Society for keeping dogs that long. They have an active Humane Society. Logansport City pays the salary of the Animal Warden; the County buys the vehicle for the Warden. Leslie stated it’s a joint venture. The County has it own crematorium that is located there; also, there is a farmer that permits them to spread the ashes. Leslie stated they are not interested in another county joining in with them, as they made that known immediately. Roger said he had not talked with Marshall County; however he did talk with Dr. McKee. Roger said in his discussion with him, Doc said the problem he sees in going with another County is that a very small percentage of the animals are collected by Gene and dropped off; the majority of them are dropped off by residents, therefore he doesn’t see the public going that far and he explained it is not really a solution and the Board should be aware of that. Roger said Doc’s thought was if the County could find an individual with the facilities to do this as an interim for a fee, which Roger explained. This discussion continued. The Board will discuss this again at Commissioners’ Meeting October 4th. Leslie informed the other members that Susan Griffith wants to be exempt from Comp Time after the first of the year, as it is too hard to deal with, just do away with it. This was discussed and noted that she made the request. The consensus of the Board was to have Susan come to the October 4th Commissioners’ Meeting and discuss this with the Board. Rich stated the Council wants the Commissioners to purchase a new Confer-Corder. This was discussed. The question do we need to have this one repaired and have it for a spare? Rich said he would get with Jeanie and have her call the Sony Repair man to get it fixed for a spare. Roger suggested that with Joe Morrow’s position, the Board should get a legal notice out that we are accepting applications. There is a job description written for this position. This was discussed. Leslie Walters made a motion to accept Joe Morrow’s letter, an official request, to transfer from the Fulton County Courthouse to the Fulton County Highway Garage. Roger Rose seconded this motion. Motion passed 3-0. The Board discussed with Auditor Denise Bonnell the advertising, accepting applications, qualifications and general maintenance on the county buildings and jail. 12:00 Board recessed for lunch, motion made by Roger Rose and seconded by Leslie Walters, motion carried 3-0; back in session at 2:00 p.m. INDOT Letter: Roger Rose stated we should proceed with sending a letter to INDOT directed to Brian Nichol that summarizes this situation in terms that we need full funding for the project not just the bridge portion but also the dam that is associated with the bridge. We need to make this clear that the funding needs to cover the entire project and not just the bridge portion. He proposed that Scott Tilden go ahead and draft a letter for the Commissioners to sign that covers that very thing. Attorney Greg Heller was excused at this time. Rich said they had talked before about having Time Clocks; now they come with thumbprints. This was discussed and will be looked into. The discussion continued. Roger reported on his attending the meeting regarding Downtown Rochester. He said they presented their findings and they did it well. He stated they also presented the redesigning of the traffic flow to eliminate the one-way streets on either side of Main Street. It’s been that way forever, but he says that is not necessarily good use of your traffic flow. Roger said it was well attended; also, the suggestions were good, it’s just a question of following through on it. This concluded the business transacted. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion passed 3-0. Meeting recessed at 2:30 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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