ࡱ> kmj7 |qbjbjUU &7|7||ml> T>*$#######$$ '###"q#8#q"q# @܍>N=#q##0*$W#''q#|FULTON COUNTY COMMISSIONERS MEETING November 1, 2004, 9:00 A.M., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Richard A. Powell called this Meeting to Order at 9:00 a.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 Permit #10-116 for Pete Pratt, 3136N 650E, Rochester, IN. Scott read the location and description of the work; stating he saw no problem with this Permit #10-116. Roger Rose made a motion to approve Permit #10-116. Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed Permit #10-116. Scott referenced to Olson Road between Old 31 and the US 31 Bypass, where he and Sheriff Calvert did a Traffic Study. Scott said they were all in agreement that it should have a 45-mph. speed limit. This was discussed. Scott commented there is a housing development there; also this section of road was just widened with binder to be applied to the surface next year. Scott stated he expects it to be heavily used and 55 mph is just too fast. This was thoroughly discussed. The consensus of the Board was to proceed and put the Speed Limit Ordinance on the Agenda for the Commissioners Meeting, November 15th. Scott reminded the Board that Friday, November 5th, at 10:00 a.m., is the Bid Letting for Items #1 thru #9 for the Highway Department along with the Sheriffs fuel; also, at 11:00 a.m. will be the Bids for the County Forms. Scott reported the Fortna Subdivision is all completed. Now they are putting shoulders along the roads they paved this summer. This was discussed; also, Scott answered questions from the Board. Scott asked about the starting time for Joe Morrow, Joe being present as this was discussed. Auditor Denise said she would like permission from the Board to pay Joe Morrow his eighteen and one-half (18 ) hours of Comp Time out of his Funds and then transfer his vacation days and sick days to the Highway. This was discussed and Scott was in agreement. The Boards consensus was for Auditor Denise to proceed with Joe Morrows pay and time as discussed. Sheriffs Department: Sheriff Roy Calvert informed the Board that the Jailer had been trying to contract Attorney Heller regarding Ordinances for work release and weekenders. Attorney Heller noted they are having a meeting today. Roy stated they have mailed and e-mailed several different copies of past medical expenses to all Commissioners and all Council Members for the last three years. Roy said the medical contract is coming up and they are having the people from Healthcare come in to the next Council Meeting. Roy said the mailing went out on October 29th; also, they are proposing a 4- % to 6 % increase to the contract. Roy said the contract has expired and they are going day-to-day, as had previously been done. This was discussed. The Sheriff informed the Board of his need for fuel money, which he will be taking to the Council, as well as Cleaning Supplies for the remainder of the year. This was discussed. The Sheriff said he would like to get people more informed of the terrible speed on these County Roads; also, what a Stop Sign is for. He mentioned particularly 200 West & 200 North; The Sheriff said you could see where they have slid trying to get stopped. He asked the Board to make reference to this when they make the Radio Report of this meeting. This was discussed. Building & Flood Plan Inspector: Building Ordinance Hearings 9:30 A.M. E.S.T. President Richard Powell called the Public Hearing to Order concerning updates on the following properties. Director Gary Madlem continued the hearing, informing the Board of the responses he had received. Owner Shelia Yockey, property location Lots 19 and 20 block 10, Unit 12, Tippecanoe Shores, Aubbeenaubbee Township. Gary stated she has removed the trailer but just last week they sent her a letter to clean up the debris she left and that is being done. Gary said she would be fined if the debris were not cleaned up. Owners Larry and Anita Boetsma, property location Maple Lane, Tippecanoe Shores, Lots 17 and 18, block 5, Unit 1 Aubbeenaubbee Township. This trailer has been removed; also, he was sent a letter to clean up the debris he left. Gary said this should be cleaned up, but he has not gone out to check. Owners Lloyd and Marsha Glassburn, 310 North Maple Lane, property location Tippecanoe Shores, Lots 9, 10, 11 and 12, block 5 Unit 1. This trailer is gone and cleaned up. They are done. Owner Mark Grandstaff, property location Cedar Lane, Tippecanoe Shores, Lot 26, block 10, Unit 2, Aubbeenaubbee Township. Gary said his property sold at this last Tax Sale (two weeks ago). Gary said the letter was returned and there has been no response from him. Gary stated nothing has been done to the property. Owners Donald and Doris Nixon, property location Lots 1, 2, 3 and 4, block 4, Unit 1, Tippecanoe Shores, Aubbeenaubbee Township. Gary said he has checked, the taxes have not been paid; also, he was told it would go on Tax Sale. Gary stated they signed for the first letter but would not accept the second letter. Owners Robert and Patricia Case, property location Erie Drive, Tippecanoe Shores Lots 27, 28 and 29, block 5, Unit 1, Aubbeenaubbee Township. Gary explained the situation and said it is being taken care of and will be done. Gary said he basically considers it done. Owner Cecil Raymond Patsel, c/o Freda Steenbergen, property Old SR 17 Lots 94 and 95 Marshland, Aubbeenaubbee Township. Gary said this property is to be donated/given to the Odd Fellows/Rebecca Lodge. Gary is working on this to see whether they will accept it or not. Gary stated he is trying to get the people with the Lodge in direct contact with the people in California to decide what they are going to do. This was discussed. Gary stated another property that has been under the name of Charles Harris, but now it is Ernest Teague, c/o Charles Harris 1950 Landmark Drive, Apt. #310, Indianapolis, IN. The property location 9106 Washington Street, Lots 5 and 6 Marshland, Aubbeenaubbee Township, Section 16-31-1. Gary stated he met with Charles a month ago and walked around the outside of the property. He said the outside looks fairly rough as the Board was shown, but the inside is not that bad. Gary stated it is probably really sound but just looks bad on the outside. He discussed this and explained in detail the condition. He said the taxes have been paid, until this last time and he doesnt think they will be paid in the future. Gary said he has not talked with him in the last month; he has left messages on the recorder, but he has not received a reply. This was discussed. Attorney Heller informed the Commissioners of their choices in handling these cases and they are: Confirm the Order, Resend the Order or Modify the Order as was done the last time. If they Modify the Order then they could go ahead and continue this hearing allowing additional time to finish up on it. Gary noted the owners have a right to appeal to the Board of Commissioners by Certified Letter by November 8, 2004. The discussion continued. The Board reviewed the cases again in the following manner: Shelia Yockey Property was discussed again. Roger Rose made a motion to continue the Hearing on the Shelia Yockey Property in Aubbeenaubbee to December 6, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion passed 3-0. Larry & Anita Boetsma Property was discussed. Leslie Walters made a motion to continue the Hearing on the Larry & Anita Boetsma Property to December 6, 2004, at 9:30 a.m. Roger Rose seconded this motion. Motion passed. 3-0. Gary said the Lloyd and Marsha Glassburn Property is done it is completely cleaned up. This was discussed. Roger Rose made a motion in regards to the Lloyd and Marsha Glassburn Property in Aubbeenaubbee Township it is confirmed the Order has been complied with, the trailer has been removed and cleaned up and no further action is necessary. Leslie Walters seconded this motion. Motion passed 3-0. Mark Grandstaff Property was discussed and noted that even though this property has been sold according to law it is still his property and he is responsible for it. This was discussed again. Attorney Heller suggested that the Order be Modified, which he explained and the discussion continued. Roger Rose made a motion to Modify the Order on the Mark Grandstaff Property in Aubbeenaubbee to reflect the fact that this property has an impaired structural condition which makes it unsafe to a person/property, its a fire hazard, a public nuisance, is dangerous to person/property because it is in violation of the Statue Ordinance concerning building condition/maintenance and it is vacant and not maintained in a manner that would allow human habitation; to continue this hearing approximately thirty days to the December 6, 2004 Meeting at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Donald and Doris Nixon Property was discussed, noting it is going up for tax sale and there has been no response to the second letter. Roger Rose made a motion in regards to the Donald & Doris Nixon Property in Aubbeenaubbee Township to Modify the Order to reflect the status of the property as an impaired condition structural which makes it unsafe to person/property, its a fire hazard, hazard to public health, public nuisance is dangerous to the public because it is in violation to the Ordinance concerning building condition; it is vacant and not maintained in a manner that would allow human habitation occupancy under the requirements of the ordinance; also, move to continue this hearing to the next Commissioners Meeting December 6, 2004 at 9:30 a.m. Leslie Walters seconded this motion. Motion passed 3-0. Robert and Patricia Case Property was discussed again. Roger Rose made a motion in regards to the Robert and Patricia Case Property in Aubbeenaubbee Township that the Hearing be continued again to January 4, 2004, at 9:30 a.m. Leslie Walters seconded this motion. Motion passed 3-0. Cecil Raymond Patsel Property this is in an estate, to be given to the Odd Fellows/Rebecca Lodge. This was discussed. Roger Rose made a motion in regards to the Cecil Raymond Patsel Property in Aubbeenaubbee Township that the Hearing be continued to December 6, 2004 at 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. Charles Harris Property was discussed again regarding the structure and condition. This property sets along the highway and has a couple of the neighbors on both sides but the problem may be solved since it is up for tax sale. Gary said it would take a year before anything would happen. Roger Rose made a motion regarding the Charles Harris Property in Aubbeenaubbee to Modify the Order to reflect the condition of the property as being in impaired structural condition, public nuisance, vacant and not maintained in a manner that would allow human habitation/occupancy and further modify this order to see that the building is sealed and the premises are sealed against intrusion by unauthorized persons; to be for ninety days and all the requirements of Item #7 are adhered to, to conceal it against intrusion by unauthorized persons, the effects of weather, exterior improvements to make the building compatible in concurrence with other buildings in the area and continuing maintenance and upkeep of the building and the premises; that we would also continue this Hearing to January 4, 2005, 9:30 a.m. Leslie Walters seconded this motion. Motion carried 3-0. This concluded all the properties for which this Hearing was called. Roger Rose made a motion to close the Hearing. Leslie Walters seconded this motion. Motion carried 3-0. Hearing Closed. Health Department: County Nurse, Diane Jones, R.N., informed the Board of Commissioners she had good news for them. She has one hundred thousand dollars from the CDC (Center For Disease Control) that has been passed down to the Indiana State Health Department. They are giving the grant to Fulton County to hire a Public Health Coordinator for the next two years. The title that the State is giving this position is Public Health Coordinator and it is actually a Bio-Terrorism Coordinator for Public Health, Emergency Preparedness and Response. Diane said, basically she just needs the Commissioners okay to do this. She said she had left information on all of the Commissioners desks. Diane said the State has already told the Fulton County Health Department they can have the money. Diane explained to the Board that since 911 a lot more has come on the Health Department. She referenced the first seven months of 2004 of this year, which she showed and explained to the Board, what is required of her in addition to her regular duties. She stated they must be prepared in the case of an outbreak of any biological disease such as small pox, anthrax, etc., to vaccinate 20,000 people, everybody in Fulton County. Diane said she has done the initial Mass Prophylactics Plan but there is so much more to be done, which she explained; also, she told of the district meeting she had attended. Diane noted the Health Coordinator would be the person to bring all this together. Diane said she had also given the Board a job description for this position. Diane was asked what happens after two years? Diane said that person would be gone, thats the plan, which she continued to explain to the Board. She was asked if there was a place to put this person. Diane said yes, and explained this to the Board. Diane said this person would be hired by the Board of Health and would report to the Board of Health; she would do the interviewing, but Dr. Bugno would have the final say. The discussion continued and Diane answered the Boards questions; she stated they do have a signed contract with the State. She explained, using an outbreak of smallpox as an example, what would be required of the Health Department. Attorney Heller stated if this person was hired that would be an employee of the County then it would go before the Council, but if it were contractual the Health Department would be required to see that the requirements of this Grant is carried out, and he explained. The consensus of the Board was that Diane goes before the Council by way of information. The discussion continued. Roger Rose made a motion that the Commissioners recommend to the County Council that we proceed with entering into a contractual arrangement for a Public Health Coordinator to report to the Board of Health with the position to be paid for with grant money from the State Department of Health who is getting their money from the CDC. That this would be a contractual arrangement, and that this person would not work directly for the County. They would have a contact for a one year time frame and not to exceed two years. Leslie Walters seconded this motion. Motion passed 3-0. Retail Merchants: Sue Bair as a representative of the Retail Merchants was before the Board to receive permission to outline the perimeter of the sidewalk at the Courthouse with luminaries. This would be every Friday night starting with November 19th and ending Christmas Eve from the hours of 6:00 p.m. to 9:00 p.m. This was discussed. The consensus of the Commissioners was for Sue Bair to proceed with the luminaries as discussed. Emergency Management: Director Sue Griffith said she had to buy batteries for her 5 radios at $55.00/each for a total of $275.00. She would like permission from the Board to pay for these out of equipment. Consensus of the Board was in agreement to pay this out of equipment. Sue provided the Board with a 14-page Document, 2004 Homeland Security Sub-Grant Agreement (equipment). This was discussed. Auditor Denise suggests that she submit an appropriation for the entire budget; therefore, each expense does not have to be asked for each time. Susan showed Attorney Heller the contract she had typed up for the additional clerical help she will need. Attorney Heller stated the best way is set up her help, was to be listed as an Independent Contractor. He would like more language that clearly identifies her as an Independent Contract and not an employee of the County and not entitled to benefits. This was discussed. Rich called for a motion to approve and allow that a contract to be used. Roger Rose made a motion to approve this contract between Fulton County Emergency Management Agency and Penny Wagley, who will serve as an outside contractor for EMA, in the capacity described by the contract; $6.76 per hour, starting November 3, 2004, ending approximately July 1st, 2005, pending Attorney Hellers modification. Leslie Walters seconded this motion. Motion passed 3-0. Sue referred to Exhibit B, page B-3; she explained the separation of this equipment. Susan said this is all a part of the same Grant, which totals $103,058.00. Sue informed Commissioner Walters there needs to be one more Advisory Board Meeting, as the requirement is two per year. He would get with Sue and get one set up. Sue thanked the Board. A short recess was taken; Board back in session. Courthouse Use Permission & Schedule: Judge Morton informed the Board that the Fulton County Civic Players is coming back, which he explained. Ted Denton, President, asked Judge Morton for permission to use the Courtroom as their first performance requires a courtroom scene. The Judge discussed this with Ted, but told him that first he needed to clear it with the Commissioners. They gave him their schedule; last dress rehearsal on Wednesday, March 2nd, then they would like to produce the show Thursday, March 3rd, 4th, 5th, with a 2:00 p.m. Matinee on March 6th, then March 10th, 11th, and 12th. The Judge stated all this is to be in the courthouse, with the presentation being in the courtroom. He said the courtroom seating is about a hundred, which he explained. The discussion continued with the Judge explaining the history of the Fulton County Civic Players that started back in the 60s. The Judge said they asked if they should come to the Board and he said he would present their request and get back with them. This discussion continued with Judge Morton. The consensus of the Board was favorable but they would want to talk with them direct and asked that they attend the Commissioners Meeting, November 15th, at 7:00 p.m. The Judge said on February 23, 1905 the Rotary International was born. They want the local clubs to do something for their community in 2005, which he explained. He told of a time capsule that was put together in 1976 and with the Commissioners permission was put in the base of the Lion in front of the Courthouse. The Judge continued to explain the position of the capsule. The Judge said what the Rotary would like to do is mark that location with a little plaque in the sidewalk. He said this would all be done without cost to the County. It would be something that designates the location of the time capsule that was placed there with instructions to be open on July 4, 2076. The Rotary Club would like to do that as a part of its centennial sometime next year. This was discussed. Roger Rose made a motion that the Commissioners tentatively approve Judge Mortons request to place a plaque of some type near the lion on the west side of the courthouse to indicate the time capsule opening, with Board approval being subject to a presentation of the final design before giving their final approval. Leslie Walters seconded this motion. Motion carried 3-0. Judge Morton said his office received the list of Holidays for 2005. He said November 8, 2005 was listed as Election Day and there is no election in 2005, which he explained. He stated if it would be changed there are three months that do not have holidays, April, August and October. He thought the simplest thing to do was move it to Columbus Day; however, it didnt make any difference to him if it was changed or not. E-911 Communication: Director Steve Reese said he is requesting to move $600.00. A portion of that is from Tele-Communication Fund in the amount of $150.00; the balance of $450.00 is from the Extra Help, transferring both to Overtime. Steve explained the problem. The consensus of the Board was favorable to Steves request. Tornado Warning System at Nyona Lake: Cathi Collins informed the Commissioners that she did attend the Council Meeting as the Board had requested her. She said it was suggested that she go to the Liberty Township Advisory Board, which she did and they gave her one-half of it. She was then instructed to return to the Commissioners and ask for the other half of the money in the amount of $4,175.00. This discussion continued. The Board asked Cathi to go to the Council without the Commissioners recommendation. Cathi thanked the Board. The Board recess for lunch at 12:20 p.m. back in session at 2:10 p.m. County Assessor: Assessor Susan Carr stated she needs an additional appropriation as she has taken over the Vax from the Auditors Office who is no longer using it. This was thoroughly discussed. This will be a maintenance fee from 9/1/04 thru 12/31/04, $2,615.60. Susan said there is $12,000.00 in the budget this could be taken from; following a discussion the consensus was that it should be taken from that line item instead of an additional appropriation. Clerk: Clerk Karen Miller she is asking for an Additional for the Absentee Board in the amount of $300.00, which would pay up to twenty-five additional hours over and above what they have already done. Karen explained this to the Board. The Board will act on this later. Advisory Plan Commission: Director Casi Cramer reminded the Commissioner of the meeting Wednesday night 7:00 p.m., Workshop on Zoning, in the 4-H Community Building at the Fairgrounds. Treasurer: Treasurer Judy Reed requested that her office be open Saturday, November 6th, from 8:00 a.m. to 12, noon. Also she would like to extend the hours on Wednesday, November 10th, until 5:00 p.m. She explained this to the Board. She asked the Commissioner who would be reporting on the radio to please mention these dates and time. The Commissioners approved the additional time for the Treasurer Office as discussed. Judy informed the Board that she has had a lot of requests this year for taxes to lookup on the Internet. Judy wonder if that is being considered in the GIS System? This was discussed. Commissioners Minutes: The Board reviewed the minutes of October 18, 2004. Leslie Walters made a motion to approve the minutes for the Commissioners Meeting October 18, 2004 as corrected. Roger seconded this motion. Motion carried 3-0. Request for Change in Holidays 2005: This was discussed and Auditor Denise stated of the phone calls from employees that she had received. Most wanted Columbus Day as it falls on Monday and that would give them a three-day weekend. That would move it from November 8, 2005 to October 10, 2005. Roger Rose made a motion to delete Election Day from the List of Holidays for 2005 and replace it with Columbus Day, which is October 10, 2005. Leslie Walters seconded this motion. Motion carried 3-0. Additional Request: Clerk: Election- 11017.000.062 Absentee Board $ 300.00 Sheriff: 101.005.22000 Sheriff-Garage & Motor $ 7,500.00 101.380.22103 Jail-Cleaning Supply $ 500.00 Commissioners: 101.36500.0.068 State Meetings & Conference $ 1,500.00 Courthouse: 101.33000.0.161 Cleaning Services $ 4,860.00 101.31007.0.161 Utilities $ 10,000.00 Circuit Court: 101.232.31011 Continuing Education $ 150.00 101.232.39201 Jury Meals/Lodging $ 600.00 Council: Host Fee: 137.41000.000.137 Tornado Siren/Nyona Lake $ 4,175.00 137.31016.0.137 Longevity Pay $ 15,000.00 Prosecuting Attorney Pre Trial Diversion 150.44000.000.150 Law Enforcement Equipment $ 4,000.00 Emergency Planning: Homeland Security 2004 Grant 206 04 Homeland Security Gant $ 80,833.65 The Board reviewed and signed the above Additional Requests. Transfer Request: Emergency Planning: From 160.36001.000.240 Repair Equipment $ 100.00 To 160.30011.000.240 Fax Machine $ 100.00 Highway Department: Cum Bridge From 0790.30200 Bridge #002 Tippecanoe River $ 40,000.00 To 0790.39500 Miscellaneous Highway $ 40,000.00 702 MVH: From 702.33800.000.531 Drainage Assessments $ 2,281.09 To 702.33900.000.531 Other Charges $ 2,281.09 Drainage Board: From 101.063.32400 Publish Legals $ 50.00 To 101.063.32000 Telephone $ 50.00 Commissioners: From 101.36002.0.068 State Institution $ 89.77 To 101.30013.0.068 TB Patients $ 89.77 Health Department: From 807.19003.000.203 Personal Services $ 300.00 To 807.11201.000.203 Conference Fees & Expenses $ 300.00 From 807.31102.000.203 Mileage $ 105.00 To 807.31102.000.203 Syringe Disposal $ 105.00 E-911 From 101.303.19000 Extra Help $ 450.00 To 101.303.19004 Overtime $ 450.00 From 101.303.12032 Tele-Communications $ 150.00 To 101.303.19004 Overtime $ 150.00 Sheriff: From 101.005.19006 Overtime Merit Deputies $ 2,500.00 To 101.005.19000 Extra Help-Jail $ 2,500.00 Circuit Court: From 101.232.31011 Continuing Education $ 150.00 To 101.232.39201 Jury Meals/Lodging $ 150.00 Emergency Management: From 101.36001.000.361 Repair Equipment $ 150.00 To 101.22001.000.361 Gasoline $ 150.00 The Board reviewed and signed the above Transfer Requests. Claims and Payroll: The Commissioners reviewed, approved and signed the Claims and Payroll for payment. Monthly Reports: Weights and Measures: Inspector Mike Early submitted the Monthly Report for the period 9/16/04-10/15/04; also, stated no complaints were received. The Board reviewed this report. New Business: Roger said the United Way had contacted him in regards to putting their Goal Thermometer on the courthouse lawn during their fund raising period. Roger said he gave them approval. This was discussed; also, Denise said she also received a call asking if they could come over with brochures and literature going from office to office encouraging people to give? Denise told them it was okay and explained. This was agreeable to the Board. Rich asked about sending a Memo to all the Office Holders regarding the new maintenance man? Denise said she could get a Memo out Wednesday. The suggestions were: his name, Richard Fox, beeper number; that he is coming from the Argos School System, effective Wednesday November 3rd, please help welcome him. Joe has transferred to the Highway Department. Rich stated Alan Terrell had approached him again about the computer information. He was asking what he could do? This was discussed. Roger said this Thursday evening is the meeting on the Animal Shelter that Kim and Rusty Moore are putting together. The discussion regarding animal control was again discussed. This concluded the business transacted. Leslie Walters made a motion to recess this meeting. Roger Rose seconded this motion. Motion passed 3-0. Meeting recessed at 4:05 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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