аЯрЁБс>ўџ _aўџџџ^џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅСY ПsfbjbjѓWѓW "Š‘=‘=sbџџџџџџ]вввввввооооо ъdо ЖrrrrrrrrR T T T T T T $C є7Žx вrrrrrx žввrrržžžrвrвr 8ц|b|ввввrR žђž:ф ,вв rN$ FИЊ/яТооˆ FULTON COUNTY COUNCIL MEETING February 19, 2003, 6:00 P.M., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Members present at this meeting were Judy DeVries, Earl Gaerte, David Helt, Gary Sriver, Harry Richter and James Widman; also County Auditor, Denise J. Bonnell. Christopher Sailors was absent. David Helt, Chairman Pro Tem, presiding asked Harry Richter to lead in the Pledge of Allegiance. Dave expressed their appreciation for those in attendance. Minutes: The Minutes of the January 22, 2003, Joint Meeting of Council and Commissioners were reviewed and corrected. Gary Sriver made a motion to suspense with the reading of the January 22, 2003, Joint Meeting and to accept with correction noted. Jim Widman seconded this motion. Motion passed 6-0. The Minutes of the January 22, 2003, Council Meeting were reviewed. Earl Gaerte made a motion to accept these minutes as presented. Judy DeVries seconded this motion. Motion passed 6-0. Sheriff’s Department: Sheriff Roy Calvert informed the Council of a forthcoming Appropriation Request to cover plumbing issues at the jail. Roy said he had gotten quotes. One quote is from Quality Plumbing and Heating, Bunker Hill, IN., for $49,600.00; also, a quote from Domenic of South Bend, IN., for $81,000.00. Roy stated that Domenic when contacted reduced their original quote by $14,850.00. Roy further stated both bids seemed to be quoting on the same items; however, he stated they would go over them thoroughly with a plumber. In the meantime, Roy felt action needed to be taken to fix the plumbing. Roy said it was the recommendation of the Commissioners to go ahead, so Roy asked for a Special Appropriation in the amount of $60,000.00 to get started. Roy said he would see that each member received a copy of the quotes. Roy said he did file a claim for the large water bill of $2,500.00. This was discussed. Roy said it was the Commissioners thought that he asks for this total amount. Commissioner Rich Powell confirmed this statement. This was further discussed. Roy informed the Council he has had a conversation with “Spike” regarding the “panic button”. Roy said they have come up with a plan that is agreeable and he explained this to the Council. Roy informed the Council of an Appropriation Request for $769.00; to increase Steve Reese to 1st Class Deputy pay due to change in job classification. He explained this to the Council. Dave Helt asked Roy if he had any funds from which he could transfer this money. He said he would check to see but doubted it. Roy discussed the financing of the three new vehicles. Auditor Denise stated she had an Ordinance prepared regarding the financing and she explained the situation. County Clerk: Clerk Karen Miller informed the Council of the steps and sidewalks around the Courthouse being used by skateboarders. This was discussed. Sheriff Roy Calvert said his department would take care of this problem. Karen said pertaining to the Child Support System, she stated there is an incentive fund the Clerk has been receiving since going to the ISTEP System. At the present time, there is $3437.00 in this fund. Karen stated this could only be used for ISTEP purposes. She proceeded to explain all the equipment now used for this system is owned by the State. She said her request was to purchase 2 PC’s for the ISTEP System. Her estimate of the cost for two units is $718.00/each and monitors at $158.00/each; however, she is trying to get a lower price. The consensus of the Council was for Karen to go ahead with this program and update her equipment. Emergency Planning Management: Director Susan Griffith wanted to explain the need for the Appropriation Request she has for $7,500.00. It will be used to purchase a twenty-foot trailer with hitch and brake to haul supplies and this money will come from the Emergency Planning Fund. The consensus was favorable toward her request. FEDCO: Director Mike Busch is requesting approval for two appropriations, as well as a Tax Abatement. The project is Manufacturing Structures Corporation, for expansion of their present facilities and moving the Corporate Offices to Rochester. Mike explained in detail the purchase and location of land; also, the schedule of the planned construction. The company estimates this will add twenty new jobs, six to seven office personnel, etc. He elaborated on the employee benefits and the salaries of the employees are above those in the county. Mike explained the first appropriation is from the CEDIT Fund, that is a loan from the County to FEDCO in the amount of $160,000.00. This will be repaid to the County over a seven (7) year period with interest. This was explained and discussed. Mike stated the other request would be in the form of a Grant to the company in the amount of $26,400.00, again from the CEDIT Fund to be used for infrastructure and expenses incurred during the company’s investment. Mike stated the Grant would be in the form of a Promissory Note, and explained. Mike said he would support the “Tax Abatement” for the company and Attorney Ted Waggoner has prepared a Resolution to support it. A discussion continued regarding the CEDIT Funds available at this time; also, the repayment of the loan and at what interest rate. The discussion continued. Judy DeVries made a motion that the Council accept the Appropriation Request from Fulton Economic Development Corporation in the amount of one hundred eighty-six thousand four hundred ($186,400.00) dollars. Earl Gaerte seconded this motion. Motion passed 6-0. Attorney Ted Waggoner presented and explained the procedure and process for Resolution #21903 for Manufactured Structures Corporation’s, second tax abatement. Ted introduced Randall Holler, president of Manufactured Structures Corporation. Ted started his remarks with the beginning of this corporation in Rochester, IN 1999. At that time, it was indicated their desire to consolidate their areas of interest and with their meeting on Thursday hopefully that will happen, knowing Fulton County is in favor of their expansion. Ted reiterated some remarks made earlier by Mike Busch regarding this expansion and its benefits to Fulton County. Dave invited Mr. Holler to comment. He said, the company appreciates being in the County and all the work done for them by FEDCO. He stated there is a labor market here. He said while they have had to do some training, they have a good group of people. Gary Sriver gave credit to Harry’s brother Dean Richter who worked a lot of hours in the beginning to help establish this company in Fulton County. Dave asked Attorney Ted Waggoner to read Resolution #21903. RESOLUTION #021903 APPROVING THE STATEMENT OF BENEFITS FILED BY MANUFACTURED STRUCTURES CORPORATION Whereas, on February 12, 2003 Manufactured Structures Corporation, applied for approval of a State of Benefits for the addition of new manufacturing and office building space located in the area previously designated as an Economic Revitalization Area. WHEREAS, Manufactured Structures Corp. has current employment of 34 employees and anticipates (20) additional employees, from the addition of the new construction. Payroll will increase by $465,000; and WHEREAS, Manufactured Structures Corp. is meeting the standards established by county ordinance for an abatement of real estate taxes for ten (10) years; and WHEREAS, the report of the Fulton County Commissioners has been received recommending a ten year abatement and duly considered; BE IT THEREFORE RESOLVED THAT the Fulton County Council approve the Statement of Benefits, and grant an additional tax abatement to Manufactured Structures Corporation, for its new building project estimated to cost $700,000 added to property located at 3089 Ft. Wayne Rd., Rochester, Indiana; and BE IT FURTHER RESOLVED THAT the deduction for improvements to real estate and first claimed eligible for deduction is allowed for __10__years. APPROVED this 19th day of February, 2003 by a vote of __6__ aye, and __0__ nay. FULTON COUNTY COUNCIL ________________________________ President Pro Tem, Fulton County Council COUNCIL MEMBERS VOTING AYE COUNCIL MEMBERS VOTING NAY ___________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ATTEST: ____________________ Fulton County Auditor Earl Gaerte made a motion to accept Resolution #021903 Approving The Statement of Benefits Filed By Manufactured Structures Corporation. Jim Widman seconded this motion. Motion passed 6-0. Rochester Fire chief Mike Gearhart expressed his concern about the water supply and pressure at Manufactured Structures in case of a fire. He said, there is a ten-inch Main Line behind Modern Materials. He felt some hydrants should be place around the facility. The cost was discussed. Mike said the average price is $30.00 per foot for ten-inch; and an estimate of two thousand feet and he explained this. Mike Busch said he would talk with Mayor Phil Thompson. The consensus of the Council was this is definitely an important issue and all in that area would benefit. Harry informed Randy Holler that he had talked with Gloria Carvey from Ivy Tech and they have a course in Blue Print Reading. She will have a representative contact you to see if they could be help in the training of your employees. This was appreciated and discussed. Loan Ordinance: Dave read the proposed Ordinance to obtain a loan for three new vehicles for the Fulton County Sheriff’s Department. Ordinance #021903 Of the Fulton County Council Authorizing the Fulton County Commissioners To Obtain Loan WHEREAS, The Fulton County Commissioners will, by Resolution, pursuant to I.C. 36-2-6-18, obtain a loan from Wells Fargo Bank for the purpose of purchasing two (2) 2003 Dodge Durango and one (1) 2003 Dodge Intrepid for the Fulton County Sheriff’s Department; WHEREAS, bids were obtained for the purchase of the Equipment and were approved; The loan will consist of the following terms: Loan in the principal amount of $74,794.00 Fixed interest rate of 2.74% Terms are for 3 years with semi-annual payments Collateral for the loan will be the two 2003 Durango’s and one 2003 Intrepid Payments will be made from budgeted amounts in the Cum Cap Improvement Fund Payment will be made to Wells Fargo Bank, PO Box 320, Rochester, Indiana 46975 There will be no closing costs or loan processing fees involved Loan is scheduled to close on March 03, 2003 WHEREAS, the Fulton County Commissioners are hereby authorized and directed to execute the above loan on behalf of the Fulton County Council together with any other documents required thereunder, including but not limited to Certificates of Acceptance, affidavits on behalf of the Fulton County Council, Uniform Commercial code financing statements and Internal Revenue Service Forms. THIS ORDINANCE SHALL BE EFFECTIVE UPON PASSAGE. PASSED AND ADOPTED BY THE FULTON COUNTY COUNCIL, FULTON COUNTY, INDIANA ON THIS 19TH DAY OF FEBRUARY 2003. _______________________ ______________________ Christopher Sailors Harry Richter _______________________ ______________________ David Helt Judy DeVries _______________________ _______________________ James Widman Earl Gaerte ________________________ Gary Sriver ATTEST: ______________________ Denise J. Bonnell Fulton County Auditor Following this reading Dave offered a second reading and if no objections, reading by title only. Harry Richter made a motion to do the second reading by title only. Gary Sriver seconded this motion. Motion passed 6-0. Dave read, Ordinance #021903 of the Fulton County Council Authorizing the Fulton County Commissioners To Obtain Loan. Gary Sriver made a motion to move to the third reading by title only. Harry Richter seconded this motion. Motion passed 6-0. Dave read, Ordinance #021903 of the Fulton County Council Authorizing the Fulton County Commissioners To Obtain Loan. Gary Sriver made a motion to approve Ordinance #021903. Jim Widman seconded this motion. Motion passed 6-0. CEDIT Tax Discussion: Attorney Ted Waggoner presented to the Council two versions of the CEDIT Tax; however, only one Ordinance will be adopted. Ted explained if the inventory tax is removed you may offset the loss of income by adopting an Income Tax, which would be an additional CEDIT Tax. For Fulton County that increase could be 0.23%/$0.23/100 dollars. This is the short version and the increase must be used to provide property tax relief through Homestead Credit. Ted stated the long version goes to .405% than adds the balance of what we could have just under CEDIT. As Ted continued to explain he said several have suggested going up to the maximum. It is not mandatory to adopt either ordinance. This was discussed. Ted said according to the law, if anything is done, it has to be passed by April 1, 2003. The question was has it been advertised that the CEDIT Tax was going to be raised more than it was previously discussed? This was discussed and clarified, Ted said that all the advertising requirements have been met. Mike Busch said he would request raising it to the maximum and proceeded to explain. The Council members continued this discussion. It was also noted people needed to know about the proposed increase. People need to know and understand FEDCO and what they accomplish being interested in small business, as well as, the large. Harry Richter made a motion to pass the Ordinance that will raise the tax to the maximum limit and do the first two readings. Gary Sriver seconded the motion proposed. Dave read Ordinance #2003-021903A. AN ORDINANCE TO INCREASE THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX RATE IMPOSED UPON FULTON COUNTY TAXPAYERS ORDINANCE #2003-021903A WHEREAS the Fulton County Council has considered an adjustment to the rate of economic development income tax, adopted on March 24, 1992 and amended on February 25, 1997; and WHEREAS the Fulton County Council held a public hearing on December 11, 2002 at 6:00 P.M. for the purpose of listening to the concerns of the county taxpayers. BE IT THEREFORE ORDAINED: The Fulton County Council increases the county economic development income tax rate imposed upon the county taxpayers of the county from 0.175% on income to four hundred five one-thousandth percent (0.405%). The funds generated by this increase must be used to provide property tax relief through Homestead Credit pursuant to HEA1001 (ss). This tax rate increase takes effect July 1, 2003. BE IT FURTHER ORDAINED: The Fulton County Council increases the county economic development income tax rate imposed upon the county taxpayers of the county from four hundred five one-thousandth percent (0.405%) on income to the maximum possible forty-eight hundredths percent (o.48%) being the maximum rate of 0.25% CEDIT rate plus the inventory tax replacement maximum of 0.23%. This tax rate increase takes effect July 1, 2003. Adopted by a vote of ____aye, and ____ nay, this 19th day of February, 2003. _____________________________ President _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ Attest: _____________________________ Denise J. Bonnell, County Auditor Secretary to the Fulton County Council I, Denise J. Bonnell, Fulton County Auditor and secretary to the Fulton County Council hereby certify that this ordinance, and the list of votes on the ordinance is true and accurate, and was adopted in accordance with IC 6-3 .5-7-6. Dated this ___day of February, 2003 Fulton County Auditor __________________________ Denise J. Bonnell Following the reading, Dave offered a second reading. Judy DeVries made a motion to suspend the reading except, title only. Gary Sriver seconded this motion. Motion passed 6-0. Dave gave the second reading, title only. Ordinance #2003-021903A, An Ordinance to Increase the County Economic Development Income Tax Rate Imposed Upon Fulton County Taxpayers. The third reading of this ordinance will be on March 18, 2003. Dave asked Mike Busch to provide, before the next meeting, information to members of the council of the happenings at the Annual Meeting of FEDCO; anything that would be helpful in passing this ordinance. Dave stated what has happened in Fulton County, loss of jobs, etc., is all over northern Indiana. Mike said he would also supply the Council with other ways to use this CEDIT money. Sale of Airport Land: Ted stated in December the Council approved an ordinance authorizing the sale of airport land. The original sale did not go through and Ted reviewed those proceedings. Ted said now to facilitate the sale, the Airport and Commissioners is to say, yes you can sell it and being worth more than $1,000 dollars requires an Ordinance. Ted stated they obtained two more appraisals and they came in at $119,000.00. Dave said, he had no problem with this sale, but would abstain from voting, because of a conflict of interest. Dave stated the money from the sale would go back into economic development. Dave stated this is just procedure. Ted stated the only change is, to state, that it is to comply with compatible land use purposes; the sale falls under that. This was discussed. Ordinance #021903-B was read by Judy DeVries. ORDINANCE AUTHORIZING SALE BY COUNTY OF AIRPORT LAND WORTH MORE THAN $1,000, AND REPEALING ORDINANCE NO. 121102-A ORDINANCE NO. 021903-B WHEREAS, Fulton County Board of Aviation Commissioners owns a tract of land 12.55 acres adjacent to the Fulton County Airport, along State Highway 14; and WHEREAS, state law requires, at IC 36-2-2-20 that a conveyance of land having a value of One Thousand Dollars ($1,000) or more must be authorized by an ordinance of the county fiscal body fixing the terms and conditions of the sale; and WHEREAS, on December 11, 2002 the Council was requested to consider the sale of the 12.55 acre tract and adopted an Ordinance authorizing the sale of said tract; and WHEREAS, there were requirements not contained with Ordinance #121102-A for the particulars involved in the transaction; and WHEREAS, under Indiana Code 36-1-11-4.2 (a) the Fulton County Council determines that the proposed sale of the land is to facilitate compatible land use planning, in light of the actions of the Rochester City Plan Commission; and WHEREAS, it appears the title to the land is in the Fulton County Board of Aviation Commissioners. THEREFORE BE IT ORDAINED, that the Fulton County Board of Aviation Commissioners, by its President, is hereby authorized to execute documents of conveyance to the tract described on Exhibit A. to an appropriate purchaser, upon the following terms. That the land be sold for a price that equals or exceeds fair market value as shown by two appraisals, as required by Indiana Code 36-1-11-4.2(b); That the land be sold for a purpose compatible with current land use planning and the current or future use of the Fulton County Airport; 3. That the Fulton County Commissioners, by resolution have approved other specific terms of the proposed sale, including that adequate requirements be placed on the land for traffic flow along the state highway. BE IT FURTHER ORDAINED, that the Commissioners and the Board of Aviation make a written report to the Council concerning any action it may take on the sale of the 12.55 acre tract. BE IT FINALLY ORDAINED, that the Council repeals Ordinance 121102-A. Adopted by a vote __4__aye, __1__ nay, this __19th__ day of February, 2003. ____________________________ President FULTON COUNTY COUNCIL FULTON COUNTY COUNCIL (voting aye) (voting nay) __________________________ ____________________________ __________________________ ____________________________ __________________________ ____________________________ __________________________ ____________________________ Attest: ____________________________ Denise J. Bonnell, County Auditor Dave offered a second reading. Jim Widman made a motion for a second reading, title only. Earl Gaerte seconded this motion. Motion passed 6-0. Dave gave the second reading, Ordinance #021903-B, Title only. Judy DeVries made a motion to suspend the rules and go to the third reading, title only. Jim Widman seconded this motion. Motion passed 6-0. Dave gave the third reading, Ordinance #021903-B, Title only. Earl Gaerte made a motion to adopt Ordinance #021903-B. Jim Widman seconded this motion. Motion passed 4 to 1 Gary Sriver voting nay. Dave Helt abstained. Annual Financial Report: The Council members each received a copy of Fulton County Annual Financial Report for 2002 year. This was reviewed and discussed. Auditor Denise pointed out a minus $1,755.21, which is the Hospital Fund. She stated there were not enough taxes collected to pay this. This is local property tax and she explained. This was discussed. The landfill collections were also discussed. Appropriation Request: Sheriff: #0101-005-1000-16 Corrections Commander $ 769.00 Gary Sriver made a motion to approve this appropriation request. Harry seconded this motion. Motion passed 6-0. Emergency Planning: #1160- Purchase of a 20’ Trailer $ 7,500.00 Earl Gaerte made a motion to approve this appropriation request. Jim Widman seconded this motion. Motion passed 6-0. County Council: County Host Agreement #1136-000-3000-41 Building & Other Insurance $175,000.00 Gary Sriver made a motion to approve this appropriation request. Harry Richter seconded this motion. Motion passed 6-0. Aviation: #2101-207-3000-10 Runway Project $ 90,000.00 This was discussed. Gary Sriver made a motion to appropriate $90,000.00 for the Runway Project Fund #2101 Aviation Grant. Earl Gaerte seconded this motion. Motion defeated 6-0. They would like more information for their meeting next month. Transfer Request: Coroner: From#0101-007-2000-11 Stationary & Printing $100.00 To; #0101-007-3000-11 X-Ray & Lab $100.00 Jim Widman made a motion to accept this transfer. Earl Gaerte seconded this motion. Motion passed 6-0. Health Department: From#0807-203-2000-11 Educational Material $ 50.29 To: #0807-203-3000-10 Syringe Disposal $ 50.29 Gary Sriver made a motion to approve this transfer. Judy DeVries seconded this motion. Motion passed 6-0. Old Business: Dave said Chris had asked him to inform you that there was a slight increase in Health Insurance, but the County is going to absorb the cost without passing it on to the employees. Harry Richter said he has talked with the County Assessor on the reassessment as he had been asked. He said he had two sessions with Sandy and Harry read a statement of her progress. “Dear Council, I have finished my part of the equalization today and emailed it to Ginny, she will review it to see if any more corrections need to be made. When it is done, it will be sent to Indy for their approval, also at that time, we will be able to roll over to the Auditor. She will be able to do exemptions while the equalization is down at the State and when it is approved, the DLGF will be able to set tax rates. Approx. 4 weeks from the rollover, the form 11’s will be sent out. Tax statements should be able to be printed shortly after tax rates are set. If you have any questions, please give me a call. Sandy Owens, Assessor.” This was discussed. Harry asked the question if the Council was allowed to have an Executive Session? Auditor Denise said, just for certain reasons, e.g. pending litigation, personnel and buying and selling property. Gary asked Commissioner Rich Powell if the Commissioners would be willing to meet with the Council at their next meeting on the bonding/borrowing situation. Rich replied, sure. The auditor asked if she should advertise it as a joint meeting. The consensus was to have a joint meeting. That will be on March 18, 2003. This concluded all the business transacted. Gary Sriver made a motion to adjourn. Harry Richter seconded this motion. Motion passed 6-0. Meeting adjourned. FULTON COUNTY COUNCIL ____________________________ David Helt, Vice President ____________________________ Gary Sriver, Member ____________________________ Harry Richter, Member ___________________________ James Widman, Member ___________________________ Judy DeVries, Member ___________________________ Earl Gaerte, Member Attest:_________________________________ Denise J. 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