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Highway Department: Assistant Superintendent Mike Clark presented Permit #05-107, from the Nyona/South Mud Lake Conservancy District. Mike explained the need for this Permit and the location of the work involved; also, he informed the Board that Superintendent Scott Tilden asked that the $50.00 fee for this Permit be waved. The reason being they are a Conservancy and pay County Taxes on the watershed; also, they are trying to clean up the lake. The Board discussed the proposed work and waver of this fee. Roger Rose made a motion to approve Permit #05-107, as presented by the Assistant Highway Superintendent and approve waving the fee for that. Leslie Walters seconded this motion. Motion passed 3-0. The Commissioners signed Permit #05-107. Mike said he had talked with Auditor Denise regarding the financing of the three trucks purchased and she asked that the Board review the three proposals, choosing one. When she returns she will prepare the Resolution for the next meeting of the Board. Rich read the following proposals: Indiana Lawrence Bank $202,386.00 two-year loan with semi annual payments in the amount of $52,249.64, Interest Rate 2.58% fixed for two years. Wells Fargo Bank $202,386.00 two-year loan with Bi-annual payments, Interest Rate 3.10% fixed. Lake City Bank $202,386.00 two-year loan, with semi-annual payments, Interest Rate 2.73%, a $45.00 fee to record Lake City Bank liens on titles. Roger Rose made a motion to award the financing of the three dump trucks for the Fulton County Highway to Indiana Lawrence Bank at an Interest Rate of 2.58%, the $202,386.00 full amount, for a two-year loan. Leslie Walters seconded this motion. Motion passed 3-0. Mike reported that he and Scott had attended the Indiana Association of County Highways and Engineers meeting. He said Scott Tilden had been voted in as President again, which he explained. Mike also explained the work in progress, stating they would be moving into Wagoner Park. He explained they had notified the public ahead of time because of the congestion. Mike also reported on the mowing and their progress. Sheriff’s Department: Sheriff Roy Calvert presented his Monthly Activity Report for the month of May 2004. He reported that the prototype was coming right along on the cell doors, and they should have a cylinder installed tomorrow on one of the doors. This was discussed. He also informed the Board he was going ahead with the hardware that goes in the chiller instead of the chemicals. He explained this to the Board. Sheriff stated that on this set of claims he would be turning in about one-third of the cost for the prototype. The prototype costs $5,000.00 to build, with a third of the costs paid down and once it is working, then the remainder will be paid. If it does not work then the money is refunded. The discussion continued. Sheriff said they had previously discussed the lack of funds in the Extradition Funds; also, the State Board of Accounts pointed out the legislation that was introduced several years ago that “failure to appear people” through the Bonding Company has to forfeit, after a specified number of days, if the individual does not appear, that is how the money is generated. Sheriff continued to explain this and said he had given this information to Judge Steele and the Prosecuting Attorney. This was discussed and as far as Sheriff Calvert knows it is now in force. Attorney Greg Heller presented copies of Resolution No. 060704, “A Resolution for the Employment and Supervision of the Animal Control Officer” to Sheriff Calvert and the Board. This was discussed. Rich read Resolution No. 060704. RESOLUTION NO. 060704 A RESOLUTION FOR THE EMPLOYMENT AND SUPERVISION OF THE ANIMAL CONTROL OFFICER WHEREAS, the Board of Commissioners of Fulton County, Indiana previously enacted Ordinance No. 032000 “An Ordinance Regulating Animal Control in Fulton County”; WHEREAS, said ordinance contains no provision specifying the employment and supervision of the animal control officer, and WHEREAS, the Board of Commissioners of Fulton County, Indiana have employed and supervised the animal control officer, and WHEREAS, the Board of Commissioners of Fulton County, Indiana have determined that it is necessary to specify the employment and supervision of the animal control officer. THEREFORE BE IT RESOLVED, by the Board of Commissioners of Fulton County, Indiana, as follows: That the animal control officer shall be that person employed for the position from time to time by the Board of Commissioners. 2. That the animal control officer shall be under the direct supervision of the Sheriff of Fulton County. 3. That employment and termination decisions shall be made by the Board of Commissioners. This resolution will be in full force and effective on the 7th day of June 2004. Passed and adopted by the Board of Commissioners of Fulton County this 7th day of June, 2004. Board of Commissioners, Fulton County, Indiana ____________________________ Richard A. Powell ____________________________ Roger D. Rose ____________________________ Leslie R. Walters Attest: ____________________________ Denise J. Bonnell, County Auditor Leslie Walters made a motion to passed Resolution No. 060704, A Resolution For The Employment And Supervision Of The Animal Control Officer, as written. Roger Rose seconded this motion. Motion passed 3-0. The Board signed three copies of Resolution No. 060704. Commissioners’ Minutes: The Board reviewed the minutes of the Commissioners’ Meeting, May 17, 2004. Leslie Walters made a motion to accept the Minutes of the Commissioners’ Meeting, May 17th, 2004 as corrected. Roger Rose seconded this motion. Motion passed 3-0. Bruce Lake Easement Request/Thomas Haack: Bruce Lake property owners Thomas Haack and Gilbert Vallis came to the Commissioners requesting permission to put in a pier as an access to the lake, as there is none at this location at the present time. They own Lots #53 & #54 Showley’s 2nd Addition. This was discussed. Casi Cramer, Plan Director was also present and commented. Attorney Heller commented this would take some research as to what was the original intent, which he explained; also, when asked he said he would research and report back his findings. The consensus was to put this on the Agenda for the July 6th, 2004 Commissioners’ Meeting. Building & Flood Plan Inspector: Director Gary Madlem gave a briefing on ISO Rating. He stated that this is already approved by the State, and is for Commercial/Public or Industrial Buildings. Our present Building Rating is a nine (9), 10 being the worse you can get. Gary commented on the updating of the codebooks. There was a discussion. Gary said it requires buying two sets of codebooks, one for Gary’s Office and one for the Plan Commission. There are seven (7) books in each set at a cost of $2500.00 to $3,000.00 total. Gary stated this works similar to the Fire Department. This was discussed. Gary reported that Sue Fair has already moved a trailer on her lot and her neighbors are all up in arms. He went on to explain the plans. Casi Cramer commented on this situation. Gary said the hotel is coming down a little bit, at a time. Rich said he liked the concept of sending Sue Fair a letter regarding her taking down the wall. There was a discussion on the degrading properties, which Gary stated there were eleven, this continued. Gary stated they were hopeful of working with the Solid Waste Board, but they are not really enthused. Attorney Heller said the Board needs to know a plan before they ask Gary to send out the letters, or it will end up as it has before, no money to operate with. Roger Rose made a motion to allow the Building Inspector, Gary Madlem to proceed with the delapaded building ordinance, and getting more aggressive with these eleven properties that were presented to the Commissioners today; also, at this point send a Certified Letter. Leslie Walters seconded this motion. Motion passed 3-0. Roger Rose made a motion to authorize the Building Inspector to send a letter to Sue Fair informing her that the Commissioners will put a fifty ($50.00) dollar fine/day on her situation at Bruce Lake, beginning with the 15th day of June 2004, if the building is not down by that day. Leslie Walters seconded this motion. Motion passed 3-0. Building Inspector Gary Madlem will send these letters. The Board took a short recess. Board is back in session. Richland Township Grant Request: Richland Center Township Trustee, Walt Talbott also with the Community Association, introduced the Grant Planner/Consultant Robert P. Murphy asking him to continue with the discussion. Mr. Murphy stated he was assisting the Richland Township Association in applying for a grant, the same as was done in Wayne Township. This application will be for the construction of a community building that will serve the Association and Township residents. Mr. Murphy stated he needed the Commissioners’ to authorize Richard Powell to sign the proposal, which must be submitted to the Department of Commerce by July 9th, 2004. As before, the County has no legal responsibility until construction contracts are signed. Today’s meeting was advertised as a Public Hearing for the Proposal; also two Public Hearings are required, one before the Proposal and one before the Application is due September 3rd, 2004. He is willing to prepare the minutes of the Public Hearing and answer any questions that anyone has. He detailed the application explaining the cover sheet, Proposed Budget, which would be revised prior to the application of September, a Citizens’ Participation Report documenting the Public Hearing, Public Hearing Notice, and Letter authorizing R. P. Murphy to provide the minutes of the Public Hearing and a letter authorizing R. P. Murphy to undertake an Environmental Review on the property. Mr. Murphy asked the Commissioners’ if they had any questions at this point and they answered, no. Public Hearing June 7th, 2004, 11:00 A.M., E.S.T. Richland Township Grant Request Robert P. Murphy presided at this hearing. He called on Walt Talbott, to explain what their plans are. Mr. Talbott stated they want to build a new community building on the present site of the old school. He addressed the need for this building including anybody having a need for a meeting place, is what they have in mind. Mr. Talbott asked Mr. Murphy what other information he needed at this time? Mr. Murphy stated basically what was presented. Mr. Murphy stated they did do an income survey and over fifty-one percent of the residences of the township are low to moderate income; therefore, the township is able to apply for the Grant. The Department of Commerce has grants available up to $500,000.00 per building. The Community Association will have to provide a match. If they go for the maximum $500,000.00 the Community Association would have to have a match up to $55,000.00. Mr. Murphy said they do not anticipate building a building that will cost $555,000.00, but until they get an architect on board and the floor plan/design and know what the estimated cost would be they had to estimate this at the high end. Then the next time as he told the Commissioners’ they will be reducing the cost of the project. At this time, Mr. Murphy opened this hearing for public comments both for and against this project and their reasons. Stating your name as these minutes will be transcribed for the Department of Commerce and will be included in the application. The first to speak was Ernest Hiatt, a resident of Richland Township. Mr. Hiatt stated he feels there is a need for this building. Mr. Hiatt stated he believes that Richland Township has the largest 4-H Club and they are meeting in the basement of the church, which was not made for a meeting room. The Odd Fellows Lodge need it and we are the only Township out of the eight that does not have a Community Building to meet in; stating when the Township lost its school and churches, they lost their community identity and we need some community identity. He stated the Museum belongs to the County. He feels the money is here, as he sat in a Council Meeting where Tipping Fees were discussed and Richland Township received almost twice as much as any other township, for two reasons. One is because of the eyesore (in reference to the landfill) and whatever else goes with that and also, they did not have a community building. This discussion was in the Council and it was stated if this money was not used then it would be cut back even with the other townships; therefore Hiatt believes the money is there, it is not a money problem, he feels it is real important that they have it. Ruth Gelbaugh, on the Advisory Board of Richland Township spoke stating she was not here to oppose this, but the Tipping Fees will eventually run out, and feels they cannot count on that. The township is donating money towards this, the amount they feel they can afford. Mrs. Gelbaugh asked who was getting the grant? Is it the Community Association or the Township? Mr. Murphy replied it is the Community Association that would be receiving the grant and it would be the Community Association then that would be responsible for operating the building for five years. After the five years requirement is up if the Association ran into a problem then they could approach the Township or the County to see if they wanted the building. Mr. Murphy stated it is an obligation to run this as Community Association Building for the township residences for five years. Gary Huppert, resident of Richland Township spoke stating the reason for going with the State Grant was they did not want to use all the money that they had privately including the Tipping Fees. By proceeding with this Federal Grant then we would have an opportunity to save some of that money until the finalization of the project with appliances, landscaping, and those type of things, that we don’t perceive, giving us the opportunity to save some of the Tipping money to use for other things, expenses and upkeep. Rick Gardner, resident of Richland Township spoke stating he was not against the building, not against using private money or other funds; what I do not want is for it to end up on our Personal Property or Real estate Tax Rolls. He understands the Board has agreed to spend around $100,000.00 of the Tipping Fee money, which should be enough and he does not want to see in the future where they are using Tax money to support a Community Project, as the Richland Center Association does not have a track record of taking care of the property and that is the reason the old school ended up being torn down and with a new building there will have to be money raised to take care of it and so far, there has not been any kind of fund raisers to do anything for that. Walt Talbott commented they were going with the grant to build the building, which we are going to be using the Tipping Money, the Associations’ Money, and the Lodge Money to put in the bank and draw interest for the maintenance, that way without creating any owed money on the tax rolls. Margaret Burkett stated that she was interested in a place for the young people and for something that will keep the community together. She said we will have fundraisers if that is what it takes to keep the people altogether, I think that will hold the community together when you have to work for something. I may not live to see it but hopefully it will be there where they can have reunions and other things. Mr. Murphy stated ideally if everything goes well they could have it under construction by next Spring. Carolyn Hiatt stated she is very much interested in having a community building. She had attended lodge there, but there is none now, because it just was not a good enough building for some of the older women to get into, and we don’t travel into Rochester at night. She stated she didn’t care about a little more taxes to keep the community together. Kate Caves stated that her sons Michael, Stephen and Patrick are soon to be members of the Richland Clodhoppers 4-H group. We would like to see the Community building; also, representing the youth, our future for tomorrow, as they are one of the largest memberships in the 4-H group. She said meeting in the Church basement is crowded to play games, etc.; she would like to see it as a place where the youth can meet. Mr. Murphy said one thing he would need is a picture of the basement of the church, to put with the application, so they understand what you are talking about. Mrs. Loudermilk a property owner at Richland Center said having just moved in two years ago; that was her main concern, she has not seen anything for the children. No place for entertainment, a place to go; if you don’t take the kids or have a place for children to go and they have to go on the street to find entertainment for themselves, then you are looking for trouble. Please, please put one out there because we really need it. Mr. Murphy asked for any more comments, and then he stated he really appreciated the great turnout, because in the daytime it is difficult to get people to show up. Mr. Murphy turned to the Commissioners, stating with their approval they would end this Public Hearing and turn it over to them for questions and their action. Commissioner Roger Rose stated he had received, delivered to him earlier, several petitions in opposition to the project and he said he would present them at this time. He stated there are approximately eighty names of Richland Township residences, which he would present at this time and let that speak for itself. Mr. Murphy stated he would include that with the packet. Commissioner Powell said a concern he had, not for himself, but for 5 years is that what you can use that grant money for? Mr. Murphy state the building must be a community building for five years after the State Board of Accounts comes in and okays it. It must remain a community association building available for the township residences for five years. Rich asks if the people fund all the expenses. Mr. Murphy replied, yes. Mr. Murphy stated in the application they will have a form that will breakdown the estimated utility costs and everything and how that is going to be paid for. Ernest Hiatt asks permission to make another comment. He asked how many names were on the petition? Roger Rose stated he thinks about eighty. Mr. Hiatt asked why they were not here? He went on to say he could probably go out and get eighty names of people to sign a petition to flow the Tippecanoe River the other way. He stated it is easy to sign a name and not appear. What were they told? Did they know? At this time, the Petition was read as follows: We the undersigned taxpayers of Fulton County, Richland Township, Indiana, wish to voice our concern against the Richland Township Community Association, a private not for profit organization, utilizing public funds specifically Richland Township Tipping Fees or Tax Monies for private organizations use. As a taxpayer these funds should be restricted to benefit and reduce the costs of future operations of the Township Government business only, further the undersigned taxpayers……………… There were further comments regarding this petition, and the fact apparently none of them showed up for this meeting. Mr. Murphy spoke saying what he would do when the next Public Hearing is scheduled, he will specifically send letters to all the people on the petition inviting them to the meeting so that they can publicly come and respond whether they are opposed to it or not. He said there were a large number of residences here today and he did not see or were there people present who were in opposition? No replies. There was a discussion as to why send letters? It was suggested to schedule a night meeting as a lot had to take off work to be present today. The discussion continued. It was noted the Resolution was set up for Community improvement and that is what it is. Mr. Murphy stated they did two mailings and they received sufficient replies from residences in the township to document the income of the residences in the township and he further stated he received no negative responses from them that they were opposed to it. He stated these mailings explained what they were proposing to do, to construct a building for the Community Association. Rich Powell called for a motion to close this hearing. Roger Rose made a motion to close this hearing. Leslie Walters seconded this motion. Motion carried 3-0. Roger Rose made a motion to proceed with authorization of the President of the Board of County Commissioners to sign the Application to the Department of Commerce for the aforstated grants. Leslie Walters seconded this motion. Motion carried 3-0. Mr. Murphy explained he had extra copies of this Application, which he would leave one here; explaining the first one is simply stating that the Commissioners’ President has been authorized to sign the proposal; the second page to be signed, says the Fulton County Commissioners hereby authorize R. P. Murphy to provide the minutes of the Public Hearing; third page, a letter authorizing R. P. Murphy to undertake the environmental review, which he explained. Mr. R. P. Murphy thanked everybody for showing up. There was a discussion on the date and time for the second Hearing and Final Hearing for the Grant Request. The date for the Final Hearing will be August 16, 2004, at 7:00 P.M., E.S.T., Fulton County Commissioners’ Meeting. The application will be filed September 3rd, 2004. Mr. Murphy informed the Commissioners that at this meeting, they will pass a Resolution authorizing the application and sign all the documents in the same way as they did for the fire truck, everything the same. Enids’ Cleaning Contract: Enid was present to answer any questions the Board might have. Enid told the Board that her fees would not change. Rich said they had a couple inquires that wanted to quote. This was discussed. Enid stated her ladies had been present one hundred percent of the time, for the Board, and as far as she knows one hundred percent satisfaction in their job. They still want to continue with her on a three-year contract and that she has no intention of raising the fees whatsoever. The discussion continued. Attorney Greg Heller will look into renewing the contract with Enids’ Cleaning. Walmart Use Request: Rich asked if there was anyone present from Walmart regarding the use of the courthouse lawn? No one showed up. Monthly Reports: Richard Bair, Service Officer for the Veterans’ Affairs submitted his City and County VSO’s Monthly Report for the month of May 2004. The Board reviewed this report. Leslie stated he had talked with Mr. Bair and he was doing well. Someone from the audience reported they are just closing the hospital part of the Veteran’s Services in Fort Wayne, IN., the remainder will stay as is now; they will be going to Marion or Indianapolis. There was a discussion regarding the South Bend facilities. Mike Early, Inspector for the Weights and Measures Program submitted his Monthly Report for the month of April 16th, through May 15th, 2004. The Board reviewed this report. Gene Baker, Animal Control Officer presented his Monthly Report for the month of May 2004. The Board reviewed this report. Gene was given a copy of the Resolution No. 060704, passed regarding the Animal Control Officer. Transfer Request: Courthouse: From: 0101.22104 Janitor supply $ 400.00 To: 0101.36003 Courthouse Repair $ 400.00 Communications-E-911 From: 101.303.19000 Extra Help $ 2,000.00 To: 101.303.19004 Overtime $ 2,000.00 Communication-E-911: From: 101.303.12032 Tele-Communications $ 850.00 To: 101.303.19005 Holiday Compensation $ 850.00 Superior Court: From:101.11007.000.201 Court Administrator $ 4,200.00 To: 101.19000.000.201 Extra Help $ 4,200.00 Emergency Management: From: 0101.340001.00.361 Liability Insurance $ 155.00 To: 0101.22001.000.361 Gasoline $ 155.00 The Board reviewed, approved and signed these Transfer Requests. Appropriation Request: FEDCO: CEDIT 211.41005.000.211 FEDCO Land Development $85,000.00 Probation Department: 504.247.34500 Electronic Monitoring Fees $20,000.00 Communications-E911: 156.241.41000 Equipment $15,000.00 Communications-E-911: 156.241.32301 Repairs and Maintenance $ 1,869.00 The Board reviewed, approved and signed the above Appropriation Requests. Claims and Payroll: The Commissioners reviewed the Payroll and all Claims and signed them for payment Tiosa Property Issue: Norma Carter presented pictures to the Commissioners of the property she said they purchased, just to clean it up; also, pictures after they worked on it, stating they have six (6) months to tear the house down. The discussion continued. She said they hired a contractor to do the septic; stating they did not have a survey done, so they went by a plat map and set the septic according to that; and its off the property about three feet, in the alley. She stated when they had the survey done, instead of their property line coming straight across it curves. She said they are not asking that the alley be closed, just used as a walking alley and she continued to explain, they are not on a property, their septic is in the alley. Wes Burden, Health Department, has been involved in this regarding the septic system. Ms. Carter stated when they came out to do the electric and put in the security light, they looked at the alleys; because of a tree stump they said they could not drive down that alley, in fact there is no way a truck can drive through the alley. The discussion continued. It seems that the only issue the Commissioners can help with is the Alley; Rich asked if there are any defined uses for Alleyways? Attorney Heller was not really sure if there are any regulations, or if the Commissioners’ have any authority to limit/regulate the use of an alleyway. She said Wes Burden said something about putting a variance on their deed. This was discussed. In conclusion Attorney Heller said he would have to do some research, to see if the Commissioners can even restrict the use of the alleyway. Rich asked the property owner if she would get back with the Board after she has exhausted all her efforts. She said yes. Notify after we find out Wanda Loudermilk, P. O. Box 395, Rochester, IN. 46975, and telephone 223-9813/223-3627. Roger Rose made a motion to recess for lunch at 12:18 a.m. Leslie Walters seconded this motion. Motion passed 3-0. 1:50 p.m., Board back in session. New Business: Leslie Walters said he received a call from Reba Berry from Akron regarding rocks. She said she had some stolen. Leslie said he checked with the Highway and the highway gave them away as they did not want them on her right-of-way as it made it difficult to turn around as the cul-de-sac is very small. Leslie said he had talked with both Scott and Mike at the highway; the rocks were on the County right-of-way. Roger said he had received a call about a Sheriff’s Deputy. It was noted it should be directed to Roy Calvert. Old Business: Leslie said he had been in touch with Bob Peterson and he would discuss this later; he is going to have a new appraisal made. There was a discussion. Rich said they have the tobacco ordinance coming up. Roger said he feels there is a lot of support. Leslie said he feels for restaurants that would be all right, but as for bars that’s questionable. There was a lengthy discussion. It was the consensus that the meeting coming up should be advertised. Joe Morrow said that Orkin exterminators quoted $1200.00 to do only the area that is infested. Joe said it is done with a probe. Arrow exterminators quoted $2760.00 first year to do the building all the way around, except not to drill the concrete on the east side. He does not feel that the termites are under that concrete; also, they will return every thirty- (30) days and check the area. He quoted $575.00 to come back yearly thereafter to service the area that time they recheck every sixty- (60) ninety- (90) days. This was discussed. The consensus of the Commissioners was to go with Arrow exterminators for the first year. Joe said he has had no return calls on the inside door closures; he is still working on this. Joe asked if there was any more discussion on the Heating & Cooling? Rich said Schmidt told him that after the 20th of May he would get back with the Board. Judge Morton said last week was extremely difficult there; the entire third floor was really chilly. He continued to explain to the Board and it continued into Tuesday, Wednesday & Thursday; Friday was very comfortable. The Judge said now cold air is coming out of the cold air ducts and heat coming from the registers; however, it is very comfortable; he continued to explain. Judge stated he doesn’t know what to think about the whole system. Rich stated there was some opposition from the Sheriff’s Department on the cleaning of the cars for sale. Rich said Ken decided to go ahead and let the Sheriff’s Department clean them up this time and they will be taken to the auction tomorrow. Rich said the Commissioners’ need to decide if we are going to get tough on this or turn it over to Ken Gentry and let him clean them up. Rich feels if the Sheriff’s Department is to do the work then they need to get a list from Ken of what he wants done. Ken said that would never work as he tried giving them a list of things. Ken said he would like permission to do this himself, in order to get top dollar. Ken detailed exactly what was not done right. This was thoroughly discussed. Shirley Willard invited all to come to the Power Show at the Historical Society, June 18th 19th, and 20th. Shirley said she wanted to request that the Board put back in the budget $1,000.00 for the Historical Society. This was discussed. She wants an additional $1,000.00 for 2004. The consensus said they could try at their June Meeting to accomplish this. The Commissioners again discussed the detailing of the used cars. The consensus was to ask Ken what he would charge to do this work. 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. FULTON COUNTY BOARD OF COMMISSIONERS ______________________________ Richard A. Powell, President ______________________________ Roger D. Rose, Vice-President ______________________________ Leslie R. 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