╨╧рб▒с>■  EG■   D                                                                                                                                                                                                                                                                                                                                                                                                                                                ье┴Y ┐,BbjbjєWєW "VС=С=,>      ]ФФФФФ а,Фs╢рррррррр8::::::$)Ї Ъ^ррррр^ЁрррЁЁЁрFрр8@T@р8ЁЁр╠└Xfa├ФФ&╩FULTON COUNTY COMMISSIONERS MEETING April 21, 2003, 6:04 P.M., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: President Richard A. Powell called this meeting to order at 6:04 p.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R. Walters: also, Auditor Denise J. Bonnell and County Attorney Greg Heller. Highway Department: Superintendent Scott Tilden presented the following Permits for Board approval: Permit #01-111, Rochester Telephone Company, Rochester, IN: Permit #6-18 Verizon North, Inc., and Permt #6-17 Lafayette, IN, Lafayette, IN. Scott read each of the permits giving their locations and fully described the proposed work; also, recommending them to the Board for their approval. Roger Rose made a motion to approve Permit #01-111, Permit #6-18 and Permit #6-17 as recommended by the County Highway Supervisor. Leslie Walters seconded this motion. Motion passed 3-0. Scott stated that he had drawn-up a draft for an Animal Drawn Vehicle Ordinance. At the request of the Board, Scott had gathered information from other counties on this issue. Using the combined information from Rush and Wayne he put in the numbers for Fulton County and presented a sample copy of the Ordinance to the Board, Sheriff and Attorney Heller for them to review. He further stated that perhaps at the May 5, 2003, Board meeting it could be discussed and decisions made. Scott gave an update on the Bridge #2, the Leiters Ford Bridge. Scott stated he had received the Right-of-Way Parcels and they are ready to be signed. This is for the purchase of right-of-ways on eleven (11) parcels of ground. He explained the permits vary, covering right-of ways, temporary right-of-ways, damages for trees, etc. The total for these eleven parcels for Bridge #2 on County Road 750 West amounts to $64, 196.00. Scott is asking for the BoardТs approval on proceeding with this. Scott stated this project is for the Spring of 2004. Roger Rose made a motion to approve Scott proceeding with purchase of the necessary right-of-ways for Bridge #2. Leslie Walters seconded this motion. Motion passed 3-0. Scott informed the Board of a DNR Hearing, April 22, 2003 at 10:00 a.m. in the SurveyorТs Office concerning the Whitmore Ditch. УSEA 368 HearingФ he said, is the actual title. This is in regards to the replacing of the culvert on the Whitmore Ditch. Scott gave an update on Bridge #93, the Nyona Lake Bridge. He said the Seal Coating was finished in March. He said they have had a water problem, surface water is coming down by the restaurant and going around the corner. He explained this is to be corrected by Laporte Construction. Rich was not satisfied with the finish, as it is the roughest job he has seen. Scott said he would not pay that line item and, also, have Jeff come in and talk with the Board. Everything else is finished. Scott said he wanted to ask the Board about the purchase of a Ton Truck for the purpose of maintenance on bridges and culverts. Scott ask about using funds from the Cum Bridge Fund for this purpose? He explained this to the Board and said the cost would run from forty to forty-five thousand. This was discussed. SheriffТs Department: Sheriff Roy Calvert informed the Board that the three new vehicles (one car and two SUVSТ) purchased was on the road; all vehicles are marked and have lights. Roy stated the work on the valves and plumbing is being done. It was started last week and will last for however long it takes. Roy explained this to the Board. Sheriff Calvert told the Board of a conversation he had with a farmer, John Cox, who lives in the Talma/Tiosa area. He has farm ground on both sides of the road and was asking if he could put a cement pad in like that of a bridge abutment so he would not tear up the road. He would go according to the specifications of the Board and would pay the costs. This was discussed. Roger stated his neighbor was talking with him about same thing. These are Amish/Mennonite farmers wanting to do this to keep from tearing up the road. The Sheriff is just informing the Board, no decision needs to be made at this meeting. The Sheriff said this man mentioned that they build their own schools and do their own schooling without receiving Government Funds or Tax money. He said they do not want any of that money, but would there be a possibility of swapping? Sheriff Roy told him, he would inform the Board. This was discussed. The Sheriff began talking about the trash in the County. The Sheriff says, this is a weekly problem and continues to be. This was discussed. Rich said he would talk with the Judges about that, as well as, ask about Probation having workers. The discussion on Litter will be on the Agenda, May 5, 2003. Regarding claims, the Board asked Roy about the claim for American Dental Services in the amount of $2,576.00. Is that just for the inmates? The sheriff said, yes. Also, Nelson Well Drilling in the amount of $368.25? Sheriff said that was to unclog a drain and he explained. They continued to review the claims. Friends of the Nickel Plate: Roger explained he had been questioned, whether or not the Board was taking sides on this issue. Therefore, not being certain what part the Commissioners have in this project, they invited the Friends of the Nickel to come and explain just what is going on. Mr. Miles Straly, treasurer for УFriends of the Nickel Plate introduced himself and Dr. Don Musselman a member of Friends of the Nickel Plate. Mr. Straley asked permission to set-up his VCR to show a six-minute videotape that would better explain interest/work of the Friends of the Nickel Plate. Dr. Musselman, who is a member of the Board of Directors for УFriends of the Nickel Plate TrailФ, spoke. He told of a couple of sections of the trail that he cares for and maintains. He stated being in Denver he is involved with the section of the trail that goes through Denver. He told how the people of that area utilized this Trail, also, Bunker Hill in southern Miami County and Bennett Switch. He told about the origin of the Trail. He said the other section of the trail that he is interested in is Birmingham, IN., a small town south of Macy. He started back in 1867 speaking about when the railroad started. He spoke of the Federal Rail Banking Law that allowed the railroads to sublet the railroad rights-of-way to other organizations. He continued to explain. He stated it is better to use this for something, and not let it just grow up in trees and shrubs. Roger asked the question, who makes the decision as to whether a particular rail corridor is a banded or if it is put into the rail bank? Mr. Straly said, it is a Federal DOT decision, he is not sure what the selection process is, but this one was chosen for that purpose; therefore, being a Federal Law it supersedes any State or Local law. Mr. Straly said Indiana bought this in 1999 and their purpose is not to develop it but hand it over to local groups like the Friends of the Nickel Plate for development then they will sign the project over to the group like this one. The video was shown at this time. He then explained portions of the video. He said, there is the possibility of a thirty-eight (38) mile trail, all the way from Cassville in Howard County to Fulton County. Giving opportunities for Boy Scout Troops or just families to use the trail. He explained the economic impact it could have for the three counties involved here. He spoke of how the alarming possibility of crimes could be along these trails; however, he stated the trail goes in and that there has not been an increase in crime. However, property values have increased along trails, because people like the ready access to trails. Mr. Straly said there are a few sections of the trail that are already well underway. At Denver there is a half-mile section complete, Bunker Hill has a mile section complete and at Bennett Switch in Miami County there is another mile section. He said one thing on this trail that a lot do not have, is bridges. He explained how they have handled the bridges. At this time, the floor was opened for questions. The question was asked what about fences? Mr. Straly said it was his understanding, if people want a fence, then it is the responsibility of the Friends of the Nickel Plate to put up the fence supplying materials and labor, working together with the landowner. This was discussed and the consensus was if a fence is needed, not just because somebody wanted one. It was noted that even Civic Groups adopt a section of the trail to maintain, just as they do highways. Zoning was brought up and Mr. Straly stated to his knowledge this was not an issue. Following further discussion President Richard Powell thanked everyone for coming. Courthouse Lawn: Joe Morrow feels that there should be clarification on the use of the Courthouse lawn as he feels that cars being parked on the lawn does damage to the lawn. Mary Ellen Lowe was present regarding the upcoming Round Barn Festival, for permission to use the Courthouse Lawn, for the Antique Car Show. Mary Ellen said they would only use the lawn for the excess cars. They will park on the blacktop area first. She said she would pass this information on to Judy DeVries. Mary Ellen further stated it would only be for a period of five hours. Joe gave information on lawn care to the Board that he wanted them to read and discuss at the next Board Meeting. Rich said the use of the Courthouse Lawn for the Antique Cars was discussed last year and their decision was made, permission was granted to use the lawn; also, they will take care of any damage. Joe Morrow said he was not aware of that and he feels it does damage the yard. Rich further stated that they took the responsibility of damage when given permission to use the lawn. Joe wanted to talk about the Chiller. He stated the bearings are making noise on the old pump and he said the pump is going to have to be replaced. He said, its sixteen years old as Getz ran the Serial Number. Joe said he got an estimate from Herman & Getz $1800.00 to $2200.00. Joe said the tag was missing to give the exact sized needed. Roger asked him who quoted $1591.00. Joe said it was D. A. Dodd, Inc., the company that removed and reinstalled it. The Board discussed this with Joe. Joe informed the Board of a problem with the boiler in the Office Building. Joe had Herman & Getz come in and it was traced to a burned out valve. He explained this to the Board and said he had to get it fixed. Joe does not have the bill at this time. Round Barn Festival: Mary Ellen Lowe said the Round Barn Festival will be June 5th Ц 6th and 7th this year. The permission has been given to block the streets, and at this time, there would be nothing different from last year. She is here to ask permission to use the Courthouse Square. She would like to have the employees of the courthouse not to park in the lot on Friday the 6th to allow kids games and things of that nature on the parking lot. The lawn was discussed again. The consensus of the Board was to give permission for the use of the Courthouse Square, which includes the lawn, to the Round Barn Festival again this year. Mary Ellen thanked the Board. Property in Athens: Earl and Diana Roe residents of Athens, and Howard Burns, Diana RoeТs father, had received a letter from Zoning Director Casi Cramer regarding trash and debris on the lot in question. Mr. Burns stated he purchased the property ten years ago through Manitou Realty and at that time the property was surveyed. He explained this to the Board, and a previous conversation he had, at that time, with the Board of Commissioners. The dispute is about County Road 650 being on his property on the east side of the road. Attorney Heller will get with Casi Cramer for more information and get back to the Board of Commissioners. The Board took a short recess at 8:10 p.m. The meeting was called back to order at 8:20 p.m. Web Site Update: Auditor Denise Bonnell asked the Board about their use of the Web Site. She gave the status as to how many individuals use the countyТs web site and how the numbers keep increasing. People are using it. Denise said the minutes are updated to the site after being approved by the Board. The Auditor feels it is a good project and provides useful information about the County. Transfer Request: Aviation: From: #2102-206-3000-50 Utilities $ 134.13 To: #2102-206-3000-13 Legal advertising $ 134.13 Commissioners: From: #0101-068-3000-88 Equipment Repair $ 254.95 To: #0101-068-4000-40 Office Equipment $ 254.95 Highway Department: From: #0702-531-2000-26 Culverts & Tiles $3,514.68 To: #0702-531-2000-22 Calcium Chloride $3,514.68 Cum Bridge: From: #0790-196-3000-66 Bridge #66 $ 631.78 To: #0790-196-3000-88 Bridge #88 Mt.Zion $ 631.78 The Board reviewed and approved the above Transfer Requests. Claims and Payroll: All Claims and Payroll were reviewed and signed for payment. CommissionersТ Minutes: The minutes of CommissionersТ Meeting, March 17, 2003 were reviewed. The minutes of CommissionersТ Meeting, March 18, 2003 were reviewed. The minutes of March 21, 2003 were reviewed. Roger Rose made a motion to approve the minutes of March 17th, March 18th, and March 21st as presented. Leslie Walters seconded this motion. Motion passed 3-0. New Business: Rich stated that they need to make an appointment to the Hazardous Substance Board. Leslie Walters made a motion to appoint Bill Russell to a two-year term on the Hazardous Substance Board. Roger Rose seconded this motion. Motion passed 3-0. Leslie Walter said he had received a call from Rick Shoemaker requesting a 4-way stop instead of the present 2-way stop at 8970 East Division Road and 900E, Akron. The consensus was giving this request to Scott at the Highway Department. Rich read a УLetter of ResignationФ from Robert Bryant as Fulton County 9-1-1 Director. Last working day will be Wednesday, April 28, 2003. Roger Rose made a motion to accept the resignation of Robert Bryant. Leslie Walters seconded this motion. Motion passed 3-0. Rich said the Board had previously discussed using Ken Gentry as someone to evaluate the countyТs used vehicles. Rich said he feels we need an individual to do that and Ken Gentry had contacted him. The Board discussed this and the consensus of the Board was to have him on a commission fee pay plan instead of a permanent position. Rich will contact Ken Gentry regarding the BoardsТ decision. Monthly Reports: VeteranТs Service Officer, Richard Bair submitted his monthly report, which was reviewed by the Board. Inspector, Mike Early submitted The Weights and Measures Report, which was reviewed by the Board. Old Business: Rich stated that the hall chairs need to be re-upholstered which would cost fifty dollars per chair, totaling seven hundred fifty dollars. Rich felt it was better to go with recycled benches and make sure they look nice. This was agreeable. Rich mentioned the paving of the Parking Lot, which all agreed should be done, costing around $20,000.00. Denise will do that and let the Board know at the next meeting. This concluded all the business transacted and a motion to recess was made by Roger Rose. Leslie Walters seconded this motion. Motion passed 3-0. Meeting recessed at 9:20 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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