ࡱ> proY ybjbjWW "==u]8888888XXXXX dTX g i i i i i i $XL 8 @88@@@"88/ 8L8888g @&@fV @88/ DhPXX"# FULTON COUNTY COMMISSIONERS MEETING June 16, 2003, 6:05 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 6:05 p.m., E.S.T. Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R.Walters; also, Attorney Greg Heller and Auditor Denise J.Bonnell. Tax Abatement Application: Englewood Development Company, Inc., represented by the company president, Mr. Brian McDonnell and Attorney Ted Waggoner are seeking approval of their request for an Economic Revitalization Area status and tax abatement. Attorney Wagoner presented the following information. Located at 2102 Southway, Rochester, they propose to establish a 56-unit apartment complex for low to moderate-income people in Fulton County. The site is located south on Old U.S. 31, just behind Action Glass. Attorney Waggoner said Mr. McDonnell would explain the economics of the project they are proposing. It is designed for people with an income between eleven and twenty-two thousand dollars per household, which covers only about twenty-seven percent of the residences in Fulton County. This is neither free nor subsidized housing. They are requesting a ten-year abatement. The investment would be $2.8 million dollars and when completed the assessed value would be $2.8 million dollars to Fulton County for approximately the next fifty to seventy years and they would continue to pay taxes throughout that period of time. Ten acres are to be declared as a revitalizion area. There will be employment opportunities created by this project, some of which will be local. Mr. Brian went ahead to explain they will need help because in this type of housing project the State and Federal Government and even the people who get the grants look to everyone for help; noting the tax credits only cover about sixty percent of the cost. Ted said they have City approval and it does not have to be rezoned as the plan commission has already done that. They stated access would be on the south side of Action Glass; and there is a forty-foot access easement that is part of this property. They continued to detail the construction costs, stating it is very competitive at the state level. The question was asked about the upkeep of the property and how long are they responsible for the upkeep? Mr. Brian stated thirty years by the State and the information goes on to the Federal as this needs to meet HUD standards. There will be inspections every year, to make sure they stay in good shape. He stated if they do not comply the government would take the tax credits away and he explained. Following this discussion Roger Rose made a motion to approve the Commissioners Report to the Fulton County Council that has been submitted to the commissioners, that provides for a proposed tax abatement for Englewood Development Company, Inc. project, at the south side of Rochester. Their recommendations are to allow a ten-year abatement for property taxes for this project and recommended it to the Council for their approval. Leslie Walters seconded this motion. Motion passed 3-0. COMMISSIONERS REPORT TO THE FULTON COUNTY COUNCIL The Fulton County Commissioners, in meeting on June 16, 2003, reviewed and considered the request of Englewood Development Company, Inc. for proposed tax abatement, and reviewed the Statement of Benefits form, filed with the Fulton County Auditor on June 16, 2003. A presentation was made by Brian McDonnell, of Englewood Development Company, Inc. and its attorney, Ted A. Waggoner. The Board of Commissioners, pursuant to Fulton County Ordinance #052389 reviewed and used the following criteria in this report: the applicants compliance with state statutes; the employment opportunities created by approval; the impact the proposed Economic Revitalization Area will have on the property values in the area; the past performance of Englewood Development Company, Inc., including its practices, reliability, and credibility; the effect on economic opportunities of similar businesses in the Fulton County area; prior actions of the County in tax abatement and Economic Revitalization Area requests: and hereby makes the following findings of fact and recommendations to the Fulton County Council: FINDINGS OF FACT: That Englewood Development Company, Inc. is highly qualified under the criteria for consideration for tax abatement: The project is appropriate and needed for Rochester Township, the City of Rochester and Fulton County: The project is designed to enhance the area where it will be located: Englewood Development Company Incs. history as a development company in other communities around the state and community citizen show it to be a credible and reliable business; and That Englewood Development Company, Inc. has paid the fees required by County Ordinance. RECOMMENDATIONS: The Commissioners of Fulton County recommend: 10_ years for the abatement of real property taxes for the project should be allowed; This abatement is hereby endorsed and recommended for the Councils consideration. Approved this __16th day of June , 2003. FULTON COUNTY BOARD OF COMMISSIONERS ___________________________ Richard A. Powell, President ___________________________ Roger D. Rose, Vice-President ___________________________ Leslie R. Walters, Member Attest: __________________________________ Denise J. Bonnell, Fulton County Auditor Note that a detailed copy of the Application and Verified Petition of Englewood Development Company, Inc. For Designation of Economic Revitalization Area and For Approval of Tax Abatement, is on file in Auditors Office and is available at any time. Richland Township Property Request: Walt Talbott told the Board that Richland Township is in the process of building a community building; also, could there be a possibility that since the county owns property in Richland Township, that they would give it to them? Walt said if that is true, could the county transfer that to Richland Township for that purpose? The location is on 450 North, and there is approximately six acres in the square that sits West of the telephone tower, owned by RTC. This used to be the old County Landfill. Walt said they are looking at the old school as another possibility; also, across from the Richland Center Cemetery. Walt stated at the present they are taking bids on demolition of the old school building. There is to be a meeting on Wednesday night, June18th. He said perhaps this area could be donated to Richland Center and the taxpayers would appreciate it. This was thoroughly discussed. Some of the concerns of the board about donating this property are; contamination of well water at the site, current use of the larger property for the sheriffs target practice range, disposal of storm debris by the Highway Department, reduced future market value of the main property due to chopping up the property and the reduced road frontage value. The consensus of the Board, at this time, was that if one of their other options would be workable as far as location, the commissioners would prefer that they use that location. Highway Department: Superintendent Scott Tilden had with him Cynthia Sawyer, who lives in the Mt. Zion area and has property on the Mt. Zion/Millark Road; she would like to speak with the Commissioners. Scott said he had previously talked with her and advised her to come in and talk with the Board. Mrs. Sawyer stated what she would like is to have some type of NO ACCESS SIGNS, and she explained the need; also, according to her deed, which she had with her, she showed her property line and says there 16 which the county has the right to from the center of the road and she explained. She further stated she has told people that it is not a public access, but that doesnt seem to make any difference. She said they, including her parents, have owned the property since 1950. In her presentation she stated she is in favor of lowering the dam. The Board turned to Attorney Heller for advice regarding signs and/or an ordinance. He stated since the property does not belong to the County; they cannot regulate property that does not belong to the County. She said, she has contemplated putting up a fence. She is concerned about liability. The Board said they would go out in the next couple weeks and further investigate, to see if they can be of help. Mrs. Sawyer thanked the Board. Scott presented two Permits for Board approval; Permit #6-19 Verizon North, Lafayette, IN and #03-25 United Telephone Company of Indiana, Plymouth, IN. Scott read each permit giving their locations; also, describing the proposed work and recommended that the Board approve both Permits. Leslie Walters made a motion to approve Permit #6-19 for Verizon North, Lafayette, IN., and Permit #03-25 United Telephone Co., Plymouth, IN. Roger Rose seconded this motion. Motion passed 3-0. Scott informed the Board that he has applied for a Railroad Grade Crossing Safety Improvements from INDOT through a Federal Grant. Scott said there are about twelve-advanced railroad crossing signs in the County, that are about fifteen years old, and these are faded. Scott stated this also includes new pavement markings, and no passing zones at these railroad crossings. The total amount he applied for was $10,907.40; it is a reimbursement project. Scott detailed this project, showing how he arrived at the total for this project. He said the reason for this was that Indiana ranks in the top 10 of railroad deaths from car/train accidents. Scott explained and presented the completed application to the Commissioners for their signatures. Scott said he would let the Board know when he receives word on the Grant. Scott wanted to discuss the status of the dump trucks and pick-up. He asked if they would be taken to an Auction to be sold? Rich said they would be sent to an Auction, but there has been no date set, as yet. The Board will inform Scott. Scott said in February 2002 two new tractors with mowers were purchased to mow with; back in 1996 a new tractor and mower was purchased and these three are all fine. Scott says he has a 1989 tractor and a couple junk mowers of 1989 that are not keeping up with the pace required. Scott explained this to the Board and said he had obtained two quotes from Ford Dealers, Rochester New Holland and Kerlin Motors, Silver Lake. Rochester New Holland Kerlin Tractor Sales $15,650.00 with trade, 0% interest $17,150 Scott explained that the Rochester New Holland quote was three years and zero percent interest and first payment not due, for one year. Scott said his timetable for the purchase of a new mower was not until next year. Scott explained and discussed with the Board and said, he would like to replace the 1989 tractor and 1989 mower with a new one. He said the cost would be $15,650.00 with trade through Rochester New Holland. The other old mower would be junked or scrapped. The quote from Kerlin Motors, was fifteen hundred dollars more. Scott discussed this with the Board and explained with the zero percent interest how it would fit in the Budget for 2004. He said with the Boards permission he would like to proceed to order the TN 55 Tractor and the 615 Model Mower with the first payment due around July 2004, no interest, but the tractor would be available for use in about three to four weeks. They had no problem with it, but the Commissioners advised Scott to present this to the Council. Scott said he would take it to the Council. Scott asked about the Animal Drawn Vehicle Ordinance. Attorney Heller said he had a redraft made with some additions. There was further discussion on this. Roger said he had been asked if it would be possible to handle this transaction by mail or do they have to actually come in person? This was discussed. Attorney Heller explained the major changes he had made and the reasons; also, he asked that the Commissioners, Scott and the Auditor Denise to review it make sure it meets all requirements including State Board of Accounts. Discussion continued and it was decided to put this on the Agenda for discussion at the Commissioners Meeting, July 7, 2004. Scott was asked about the Lake Bruce Easement. Scott said he is working on it; therefore, the discussion will be on the Agenda for the Commissioners Meeting July 7, 2004. Sheriffs Department: Sheriff Roy Calvert stated he would give some information on the current problem at the Jail. He stated they now have fifty-five inmates as of Friday. The capacity is for 32 inmates. He said he had given the Board a letter as well as discussing the problem and it is continuing to rise. The Sheriff continued to explain they had taken some of the department of correction inmates South instead of housing them here; three were taken on Friday afternoon and by Saturday a.m., there were 55; also, he explained the bonding which is done by the Judges, and continued to explain the different types now housed. He explained double bunking and the problems incurred with that. He said they are short on staff. The Sheriff continued to explain. As to Jailers, he stated, they are running one per shift and only a second one on days and that is to transport the inmates back and forth. He continued to explain this in regards to the part time help and how that is handled. He stated he has not been able to have double coverage for every shift, which is what he is trying to do. He stated they are using their volunteers two nights a week. He continued to explain the medications, visitors, etc.; also, an attempted suicide last Friday. The Court System was discussed as to why these cases could not be accelerated, which would help. This was discussed. The bonding and how that works was discussed. The Sheriff says he sees a bottleneck in the system, but he cannot set the Judges calendar. Attorney Heller said there has been an increase in crime; also, there is a big problem with drugs in this County and he feels the system is bottlenecked just because of the sheer volume. This was discussed. Transporting inmates to other facilities was discussed; however, the sheriff says he does not have the manpower to transport them. He is short handed. Sheriff said we have streamlined the court system, but we have never upgraded the way the inmates are taken care of in the past eighteen years. The sheriff says he cannot keep up. He said his first goal is personnel. This ended the discussion. The Board reviewed the claims. FEDCO: Director Mike Busch presented the FEDCO Agreement with Manufacturing Structures for the Commissioners signatures. He explained this Agreement in detail. Roger Rose made a motion to enter into the Loan Agreement Between Fulton County Indiana and the Fulton Economic Development Corporation. Leslie seconded this motion. Motion passed 3-0. The Commissioners signed this document. Wayne Township Fire Truck Grant: Robert P. Murphy does Grant Writing and he is assisting Fulton County in applying for a Grant on behalf of Wayne Township. He passed a sheet for signatures of all present. He continued to explain the procedure. He stated the proposed cost, just an estimate, is $200,000.00 of that amount $150,000.00 is the most that can be applied for in a Grant, leaving a balance of $50,000.00 for Wayne Township. Mr. Murphy stated the following would be recorded/transcribed for the Federal Grant; therefore, everyone will state their name before speaking. Roger Rose made a motion to open the Wayne Township Fire Truck Public Hearing. Leslie Walters seconded this motion. Motion passed 3-0. President Richard A. Powell Opened the Wayne Township Fire Truck Public Hearing at 8:05 p.m., on June 16, 2003. The following were in attendance: Peggy Dague, Township Trustee; Dale Herrold, Fire Chief; Greg Gearhart, Mutual Aid Twp.; Chris Sailors, Volunteer firefighter; David Beery, Volunteer firefighter and Advisory Board President; Jim Widman, Fulton County Council Member. At this time Peggy Dague presented letters from Wayne Township supporters. She stated they would like these letters admitted along with the Grant application. This is in request for the new firetruck, which they are applying for to replace the present 1967 model and the equipment that needs upgraded to possibly lower the ISO rating for the township. Mr. Murphy presiding, presented the proposal explaining it contains which, are the very basics, in applying for $150,000.00, how it is broken down; also, this is the public hearing that was advertised as such. Mr. Murphy said normally the procedure is the Fire Department of the Township would take bids, open the bids, review the bids then bring them into the Commissioners and make a recommendation on which truck is affordable. The Township then along with the Grant would guarantee the money and provide that information to the Auditor. The County will sign the Grant Agreement and the money will be released then to the County. The Township will certify to the County that they have the funds available. When the truck comes in there are two methods of doing it. The Department of Commerce will send the check to the Auditor and that check will then be written for the fire truck. The townships money can be written to the County and the Fire truck Company; therefore, the County just signs it and hands the check over or it can be deposited and another check written. Either way is acceptable. The hearing was opened for comments and the following spoke: Dale Herrold told of the age and condition of their one and only fire truck. Greg Gearhart, fireman from a neighboring township spoke of the need. Chris Sailors spoke of the need, as did, David Berry and Jim Widman. Mr. Murphy referred to the proposal, which he stated is to be signed by the President of the Commissioners. The proposal is non-committal and is normally signed by President of the Commissioners; the Department of Commerce will call for a meeting, to come to the fire station. They will look at the trucks and make recommendations as to how they can improve the application that will go in on September 5, 2003. Mr. Murphy said the public hearing would probably be in August, at that time they will bring a Resolution authorizing the application and authorizing the Commissioners President to sign the application and any other papers that require signatures. This case, it is just by a consensus, agreed to sign it. The next one for the full application does take a resolution and authorization and any other papers that require signatures. At this time Roger Rose made a motion to approve the Commissioners President signing the Community Focus Fund Proposal as presented at this Hearing. Leslie Walters seconded this motion. Motion passed 3-0. Roger Rose made a motion to close the Hearing. Leslie Walters seconded the motion. Motion passed 3-0. Hearing Closed. Peggy Dague, Township Trustee, thanked the Commissioners on behalf of Wayne Township for allowing and supporting them to be able to go through the County and apply for this grant. Litter Control Solutions: This was rescheduled for the Commissioners Meeting, July 21, 2003, at 7:00 p.m. Commissioners Tax Sale Disposal Meeting: Holly Thorenson with SRI stated basically she was present, to get a motion on how the Commissioners wanted to dispose of the properties with delinquent taxes or special assessments. She explained there are various ways this can be done; Commissioners Sale, give for non-for-profit and keep them in the Commissioners name. She explained to have them sold gets it back in the hands of the taxpayers. She explained this according to the law. She stated that by selling, they can keep lowering the price, until there are very few left. She had a list from the October Tax Sale, as well as, the February Sale. This will alleviate at least one hundred properties from the Auditor and Treasurer. This was explained and discussed. The first sale will be August 6, 2003, at 1:00 p.m. Holly said SRI would conduct this sale. She also explained that anything that is purchased that day, they own on that day, then in 30 days they will get their deed from the Commissioners. She clarified the questions asked. These properties have been through at least two Tax Sales and are eligible for Commissioners Sale. Roger Rose made a motion to have SRI conduct the Tax Sale of Real Properties on August 6, 2003 at 1:00 p.m. Leslie Walters seconded this motion. Motion passed 3-0. There was a short recess at this time. The meeting is called back to order. Funding: Attorney Ted Waggoner said he and Auditor Denise had discussed the process of borrowing in regards to the County. There was a discussion on other sources of revenue. It was noted that $2.3 million would be the most needed. Auditor Denise Bonnell had prepared an Annual Financial Statement showing the Cash Balance for the period 1/1/03 6/30/03, which was distributed. This was discussed. It was noted if this money were used then the County would pay interest to themselves. The Auditor asked the question that if the County needed to borrow money, what amount of time would be required if we needed the money. Ted replied, it would take an Ordinance approved by the Council and a second Ordinance attached approved by the Commissioners; so, the Council would require two meetings, unless they pass it in one meeting and the Commissioners Meeting after the Council. This was discussed. Fulton County Library Board Appointment: The Commissioners were given a list of people who have expressed an interest in serving on the Library Board. This appointee will fill the vacancy of Bernadette Pohlmann, as she cannot continue to serve as a board member. Roger stated it was not an easy decision as all on the list were well qualified to serve. This was discussed. Roger Rose made a motion that Jim Mulligan be appointed to the Library Board of trustees to serve a 4-year term, beginning July 7, 2003. Leslie Walters seconded that motion. Motion carried 3-0. Building Ordinance Agreement: Attorney Heller, presented the Building Ordinance Agreement, which he had revised as was previously discussed. Part of No. 5 will be taken out and a change in the accounting of the money received, in that it will be the responsibility of the town, not the County. INTERLOCAL AGREEMENT FOR THE ADMINISTRATION OF THE FULTON COUNTY UNSAFE BUILDING ORDINANCE FOR THE BEHALF OF POLITICAL SUBDIVISIONS WITHIN FULTON COUNTY This AGREEMENT is made and entered into by and between the Fulton County Commissioners (hereinafter referred to as Fulton County} and the Kewanna Town Council (hereinafter referred to as Kewanna). WITNESSETH: WHEREAS, IC 36-1-7 permits a power that may be exercised by an Indiana political subdivision and by one (1) or more governmental entities to exercised by one (1) entity on behalf of another; WHEREAS, Fulton County has enacted an ordinance titled An Ordinance Adopting IC 36-7-9, Entitled Enforcement of Building Standards (hereinafter referred to as unsafe Building Ordinance); and WHEREAS, Kewanna desires that Fulton County administer its Unsafe Building Ordinance for the behalf of Kewanna; and WHEREAS, Fulton County is willing to administer its Unsafe Building Ordinance for the behalf of Kewanna; and NOW, THEREFORE IT IS AGREED AS FOLLOWS: This agreement shall remain in effect until written termination is provided by either party to the other. 2. The purpose of this agreement is allow Kewanna to refer cases of unsafe buildings as defined in the Unsafe Building Ordinance, within the town limits of Kewanna to the Fulton County Enforcement Authority, as identified in the Unsafe Building Ordinance (i.e., the Fulton County Building Inspector), for administration of the Unsafe Building Ordinance. 3. Kewanna shall by resolution refer cases that it desires to be administered by the Unsafe Building Ordinance to the Fulton County Building Inspector. 4. The Fulton Building Inspector shall administer cases referred by Kewanna pursuant to the requirements of the Unsafe Building Ordinance. 5. Kewanna shall be responsible for all costs associated with the enforcement of any action required to be taken for cases referred to the Fulton County Building Inspector. These costs include, but are not limited to: costs of work performed by Fulton County employees or by contractors to remove or remedy the condition necessitating the referral, and legal fees associated with in court proceedings to enforce an Order issued by the Fulton County Building Inspector. In the event that Kewanna does not want to incur the costs associated with the enforcement of any action required to be taken for cases referred to the Fulton County Building Inspector, Kewanna may terminate the individual action without terminating this agreement by providing written notice to Fulton County. Financing, staffing, and establishment and maintaining the budget of the Fulton County Building Inspector shall be the responsibility of Fulton County. The parties delegate to the Kewanna Clerk/Treasurer to receive, disburse, and account for all monies of this Agreement. Kewanna and Fulton County each agree to hold the other harmless from any and all liability for their acts or omissions under this Agreement. This Agreement becomes effective after it is signed by the parties on dates indicated and upon it being recorded in the office of the Fulton County Recorder. IN WITNESS WHEREOF, this Agreement has been signed by the parties on the dates below indicated. FULTON COUNTY COMMISSIONERS DATED_________________ ________________________ Richard A. Powell, President ________________________ Roger D. Rose, Vice-President ________________________ Leslie R. Walters, Member ATTEST: ________________________ Denise J. Bonnell, Fulton County Auditor KEWANNA TOWN COUNCIL DATED:_______________ ________________________ Jeff Finke, President ________________________ Doran Collins __________________________ Doris Woolington ATTEST: __________________________ Karen Good Kewanna Clerk-Treasurer This Ordinance was looked at and thoroughly discussed between the Commissioners and Attorney Heller. Following this discussion Roger Rose made a motion to adopt Interlocal Agreement for the Administration of The Fulton County Unsafe Building Ordinance for the Behalf of Political Subdivisions Within Fulton County as presented and as amended the copy we have here tonight. Leslie Walters seconded this motion. Motion passed 3-0. Courthouse Lights Agreement: The yearly Agreement for Courthouse Lights was discussed. This agreement is to run from January 1, 2004, to December 31, 2004. Roger Rose made a motion to accept the City of Rochester, Courthouse Lights Agreement. Leslie Walters seconded this motion. Motion passed 3-0. Appropriation Request: Sheriff: #0101-380-2000-22 Jail-Supplies-Inmate Supply $ 5,000.00 FEDCO: #0211-263-4000-20 2003 Airport Building Project $30,000.00 The Board reviewed and approved the above Appropriation Requests. Transfer Request: Sheriff: From #0101-005-1000-36 Sheriff-Pers.Serv-OT-Deputies $ 7,000.00 To: #0101-005-1000-18 Sheriff-Pers.Serv-ExHelp Corr $ 7,000.00 Maintenance: From #0101-161-2000-21 Janitor Supplies $ 2,000.00 To: #0101-161-3000-60 Bldg. Structure Repair $ 2,000.00 The Board reviewed and approved the above Transfer Request. Park & Recreation: From #1301-000-3000-22 Mileage $ 250.00 #1301-000-3000-30 Dues & Subscriptions $ 250.00 To: #1301-000-3000-25 Professional Services/Consulting $ 500.00 The Board reviewed but did not approve this Transfer Request. E-911: Rich said the Auditor needed a letter for Steve Reese stating that he would not have the eight-percent (8%) reduction for 90 days in his salary. Rich said a letter from the Communication Board to the Commissioners recommended that be done. The Commissioners were all in agreement with this request. Roger Rose made a motion to waive the eight percent pay reduction for the 90-day probationary period for Steve Reese, due to his previous experience and on recommendation of the County Communications Board, Ron Riggle, Chairman. Leslie Walters seconded this motion. Motion passed 3-0. Other Business: Auditor Denise asked the Board if they had read the letter and press releases on Manatron? They have sold out and a computer system in Canada now owns it. The Board stated, yes. Rich asked the Board for their opinion whether or not to send a Thank You to Andersons? The consensus was yes. Rich will handle it. Rich asked the Board for their thoughts on giving a pitcher and glass set with engraving to Norma Smith, Township Assessor for her twenty-two years of service to the County. Denise said the State Board of Accounts informed her; this could not be done with County Funds. This was discussed. The Commissioners agreed to pay for this gift. Rich stated that Attorney Bob Peterson asked to have someone speak to the Kiwanis at noon on the 30th on Fulton County improvements. 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 10:35 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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