ࡱ> dfc7 lrbjbjUU &7|7|lnl& <&}VVVVVVVV$3 S"VVVVV"VV7VVV8VBVJ +x&lM0}rFULTON COUNTY COMMISSIONERS MEETING July 19, 2004, 9:00 A.M., E.S.T., in the Assembly Room of the Fulton County Office Building. Meeting Called To Order: President Richard A. Powell called this Meeting to Order at 6:03 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 Bonnell. Highway Department: Superintendent Scott Tilden reported on Bridge #2 at Leiters Ford, the Federal Aid Bridge Replacement Project that started approximately a week ago. He reported on the progress of this project, as to the right away clearing and the utility relocation that is to start soon; also, Scott reported he had a site ready for the bridge when its transported, which should be in about three weeks. He was asked the status of the Mussel Survey. Scott stated they didnt find anything, nothing that needs to be done. Scott spoke about Bridge #88, he has talked with the Consultant that does the Countywide Bridge Inspection; the new information has been sent to INDOT and the Federal Highway, which they have received. Scott informed the Board that INDOT is reviewing the Countywide Bridge Inspection and that should be approved soon; Scott said that is good news. This was discussed; also, regarding Mt. Zion, which the State will be looking at again. Scott said regarding the complaint on County Road 300W off SR114, the calcium chloride is finished; also, a card was received from the resident stating it was a nice job and they are happy. Scott reported the Chip and Seal Program is about twenty-five percent done; 22 miles have been chipped. Scott said sometime this week they would start the project on 550N and 250E that is the Intersection Area which Roger had received a concern about for poor site distance. Scott talked with the residents and informed them what they could do to improve the horizontal site distance coming up to the intersection from the south, looking east. This was discussed. Scott reported in regards to the stripping of the hills, they are marking out some areas to do; they should have several roads done in a couple weeks. This was discussed. Sheriffs Department: Sheriff Roy Calvert stated he wanted to keep the Board advised as to the Additional Request they will be asking for at the August Meeting. He further stated its costs of prisoners from the increase in bedding, food, etc; also, he stated the gas would come up short, which he explained. The Sheriff reiterated the additional that is coming up would be for food, bedding, and mats because of the increase from 35 to 40 inmates, close to 50; this was discussed. The Sheriff spoke of Transfers they would be requesting, which he explained. The medical is $52,000.00 a total for this year, which will be short and that he explained The Sheriff spoke of the reimbursement on DOC prisoners for medical, which has to be paid for, then reimbursed later. The Sheriff spoke of the new Work Release Fee they are trying to establish from $10.00/day to $15.00/day, this was discussed last month. The Sheriff stated this has to be in an ordinance passed by the Commissioners. The Sheriff said they have an inmate Medical Co-pay that is $10.00 and they want it to be $15.00/prisioner that he explained, would require an ordinance. The Sheriff stated he would like input on the charging of a Notary Fee, stating they have 2-3 in the building; they do not charge a fee, its just a public service. However, the Sheriff said it was mentioned that possibly there should be a charge that to would require an ordinance. Fingerprinting was also discussed, as it to is just a public service. Emergency Management: Dave Tofeson was present to discuss with the Commissioners the transfer of EMS radios to the EMA. Rich said the EMS had no problem giving up the radios to the EMA, as they do not use them. This was discussed. Leslie Walters made a motion to transfer the 800 MHZ, eight (8) radio receivers from EMS to EMA. Dave said they would get the Serial Numbers from these and turn them over to the Board. Roger Rose seconded this motion. Motion carried 3-0. Auditor Denise informed Dave of the Fixed Asset Form in her office for him. Dave said that July 28th the State would be here for a briefing from 9:00 a.m., until noon at the WTH Building & Class Room; this would be on the weapons of mass destruction exercise, which is a mandatory exercise that they have to go through this year; the actual exercise will be September 23, 2004. This was explained and discussed. Dave said, he and the four people who graduated will be getting with the Nyona Lake Association at the end of this month, to go through what the training entails and see how many out of the 12 candidates want to be involved in CERTS (Community Emergency Response Teams) and get a class going in August. He continued to explain this to the Board. Dave informed the Board that there is grant money available every time they graduate a class. Commissioners Minutes: The Board reviewed the minutes of the Commissioners Meetings: Commissioners Meeting July 6, 2004 and Commissioners Executive Meeting July 12, 2004. Roger Rose made a motion to approve the Commissioners Meeting July 6 and the Commissioners Executive Meeting July 12, 2004, as corrected. Leslie Walters seconded this motion. Motion passed 3-0. Tourism Commission: Each member of the Board had a copy of the resignation of Sharon K. Cook from the Fulton County Tourism Commission Board. Rich read the resignation. Rich stated the Board needed to find a replacement but he was not certain on this appointment if it is to be political, territorial or just what are the guidelines. This he said this would be on the Agenda of the Commissioners Meeting August 2, 2004. Wayne Township Grant Agreement: Auditor Denise had received this Agreement from Consultant Robert P. Murphy; who also, indicated a copy was sent to the County Attorney; to release the money for the Wayne Township Fire Truck, this was discussed. Rich signed this Agreement for the Board. Transfer Request: Sheriffs Department: From 101.005.32000 Sheriff-Other-Telephone $ 2,000.00 To 101.005.36000 Sheriff-Other-Maintenance Equipment $ 2,000.00 From 101.005.11104 Sheriff-Pers.Serv.-SR.Deputy $30,975.00 To 101.005.11100 Sheriff-Pers.Serv.-Deputy $30,975.00 The Board reviewed and signed the above Transfer Requests. Nyona Lake Sewer: Rich said that Ken Roe claims that they have changed the location again of the sewer; as to where they are going to run that sewer line on the Countys Easement, it was suppose to be off to the side, now he said they have move it to the other side and more in the road. Leslie said that is correct. Rich said that was not the agreement. Attorney Greg Heller said contact should be made with the consultant to be sure this is true, as it is secondhand information. Claims and Payroll: The Commissioners reviewed, approved and signed the Claims and Payroll for payment. Maintenance Job Description: Rich said they needed a Job Description for Joe Morrow since there is none; one to finish out this year and then a revised one to start next year; Attorney Heller said that was right. Rich stated the only difference between the two was stating the hours and the Comp Time, which there is a different section for those. The Board signed the one to finish out this year. Emergency Medical Services: Rich presented the extension of Lease Agreement for Emergency Medical Services, Inc., for the six months period, July 1, 2000 through December 31, 2004. The Commissioners signed this. Akron Library Board: The Commissioners received a letter from the Akron Public Library Board, requesting them to reappoint Chad Hartzler to another term on this Board. Roger Rose made a motion to reappoint Chad Hartzler to a term on the Akron Cargnie Public Library Board, a term that expired this year, for another 4-year term. Leslie Walters seconded this motion. Motion carried 3-0. Employee Reimbursement: Rich asks what the Accounts Payable from Carol Loebig was for. Auditor Denise said it was a Claim and explanation; also, a copy of the Amendment to the Fulton County Personnel Policy on reimbursement of employee expenses. Denise said currently the travel expense reimbursement is thirty dollars per day for meals and Carol has an itemization for two days under the thirty dollars and the third day it was $32.86; obviously, she did not go to anyplace fancy. She thought you might want to revisit your reimbursement amounts to be more in line with the actual costs to eat out. Rich said they would revisit that and make a response. Rich said this was something they would talk about at the next Commissioners Meeting August 2, 2004. Monthly Reports: The Board received the June 2004 Monthly Activity Report from the Fulton County Sheriffs Department, which they reviewed. The Board received the City and County VSOS June 2004 Monthly Report submitted by Service Officer Richard P. Bair, which they reviewed. Smoke Free Dining Ordinance Decision: Rich stated the subject to be discussed is Smoke Free Dining for Fulton County; as the Fulton County Board of Health was in attendance at the Commissioners May 17th meeting and recommended that the Board pass an Ordinance for Smoke Free Dining. The Health Board was told the Commissioners would need more time to consider their request and they also wanted time to get more input from the public. Rich said there are two (2) purposes for this part of the meeting, one to get more public input on smoke free dining, the second, this Board, the three Commissioners will decide tonight if they are going to instruction the County Attorney to start the process of drawing up a Smoke Free Dining Ordinance for Fulton County. Rich said they appreciate all the input they have had; also, appreciate all who have come tonight. The Board has received many telephone calls, card, letters and personal contacts. Rich stated there would be differences of opinions that is expected, as we do not all think alike and there is nothing wrong with that; we want to respect that and keep it in mind. Rich explained that since this part of the public meeting involves a lot of people; therefore this part will be somewhat structured, which is not normally done but the plan is the following: The Health Board will speak first, then all the those in favor of the smoke free dining ordinance, then all those against the smoke free dinning ordinance. Following that the Board will vote as to whether or not they are going to pursue this. Attorney Greg Heller said the purpose of this meeting is to give everybody a chance for a fair hearing of his or her opinions, then the closing comments. Auditor noted there was provided a Sign In Sheet that should be signed; also, everyone was asked to state his or her name before speaking. Dr. Michael Boldry, President of the Board of Health was the spokes person. He gave the names of the Board. He told of their reasons and stated that as a Board that they had voted unanimously to recommend this Ordinance, as they advocate tobacco cessation as just part of their obligation to safeguard and promote public health in Fulton County. Others associated with of the Board of Health spoke in the following order: Dr. Michael Brubaker, Acting Health Officer; Rachelle Back, Executive Director, Regional Office, American Cancer society; the Youth Tobacco Coalition, Courtney Heiden, David Rogers, Stephen Williams and Mandy Tugmon. John Krull, teamster truck driver spoke, a smoker for twenty-five years, spoke against the ordinance and asked why, pick on the restaurants. He elaborated on second hand smoke. He said it should be the choice of the business owner to make as they are educated Americans. Dick Belcher said he is a lifetime resident of Rochester and Fulton County and interested in making Fulton County even a better place to live. He said one of the ways is starting the process of smoke free dining. He stated this is happening nation wide, now it is the chance to make Fulton County one of the leading counties in the State and not one of the laggards, which in some areas we have been in the past. Attorney Shaw Friedman, Attorney from LaPorte working with the Smoke Free Coalition commended the Commissioners taking up and dealing with this issue. He spoke of a poll taken among 300 registered voters in Fulton County between March 17th and March 21st 89.3% stated they believe second hand smoke is harmful to ones health. He continued to explain regarding secondhand smoke, asking Council to consider a potential ordinance for consideration by the commission at some later date. Terry Miller spoke stating there are a lot of fine restaurants in Rochester with both smoking and non-smoking areas; however, having been diagnosed with lung cancer and several other health problems he cannot go to some. He is asking the Board to seriously consider passing the non-smoking ordinance. Rich stated they would now switch to those against this ordinance. Mike Foreman, Mikes Pizza at Nyona Lake stated that neither any of his employees himself or his wife smoke. He referenced statistics that had been quoted. He said he conducted his own pole in his own restaurant. Mr. Foreman read the questions he had on his pole. The results were eleven were in favor of the smoking ban and one hundred eighty-three were against a smoking ban. He read some of the questions that he had asked his customers. He continued with his comments. Loraine Severns she said she did some reach on the Internet. She reported her findings regarding little children and secondhand smoke. She said the report found that children with cats had more asthma problems, than children in homes where people smoke. She continued commenting on the chemical, health care costs, etc. Violet Fisher stated she has smoked since she was six years old. She said she has had a heart attack, but it wasnt from the cigarettes; doctors told her that her lungs were excellent. She too referenced the little kids, saying there are kids that have died and never smoked a cigarette. She commented further and stating what they should start on is the plastic, as that is as big a problem as your cigarette smoke; go out on Fourth Street and smell that. Barb Kefaber, Paradise Truck Stop said if this ban were to go into effect it would hurt their business a lot. She said she had turned in their petition; four hundred and twenty-seven signatures against it as most of the business are travelers and truck drivers; most of the names are not from Rochester or Fulton County. She said they have a room for non-smokers that seats one hundred people, detailing the conditions of this room. She feels it should be the business owners decision. Paul Schmidt stated he did smoke, but he doesnt now. He said he went to the Fair and there received a yellow sheet of paper passed out by the people here Smoke Free for Fulton County. He said he asked Ms. Peterson where they got all this information, and asked that she send him a letter. He then read the letter that he had received from her, in it stating the other yellow papers were destroyed; he said he did not ask for that, thank you. Bonnie Cowan stated she owns the Country Inn Restaurant at Nyona Lake. She stated she had made the Survey that Mikes Pizza did; the only difference she stated is that she does smoke occasionally, not all the time. She said the issue of the children, why not spend the dollars on educating the children, why pick on business owners and try and make them set all the examples, when the children can be taught in the school. She further stated that with the twenty-two non-smoking restaurants now out of the forty-four people have a choice to make whether they want to go to a smoking or non-smoking restaurant. She feels that is the owners decision not government. Klaus Eck owner of the Dam Landing had a petition, which he said was not either for or against smoking they are just against the government telling them they cant do it. He stated as long as smoking is legal in the United States and you want to ban smoking in public places, thats okay, but when you want to ban smoking in his establishment that he pays the mortgage on and the taxes that is wrong. Larry Calhoun owner of the Streamliner restaurants said he should be in the middle not for/against smoking. He feels what he has heard here is mainly education, what really bothers him is where all this problem starts is in the younger grades, grade school, middle school, yet the people who are doing the educating is taking health out of our curriculum that doesnt make a lot of sense; because until we address that problem we are not going to create any big deal as far as making establishments, especially when you are picking on one group. All you are telling them is, kids its okay to smoke as long as you put it out before you walk in the door. He does not feel that is the issue, thats not what we should be talking about; we need to be talking about the kids and educating them as they come along; also choices, everybody does their choice. He referred to his restaurant that was opened fifteen years ago, talking strictly from financial stated if everybody wants to put up ten percent of their net pay to support it, just like they are asking the restaurant owners to do, thats fine, but things change, the whole thing about it is smoking is not good for anybody as he had two brother-in-laws just die in the last six month and strictly from the cause of smoking. In summary he feels a lot of Rochesters business comes from out of town. He feels in another ten years you will have the smoke free restaurant, just about everybody will be smoke free because the public will demand it; if the education is taken care of. He continued to reiterate if the kids in the Middle School dont get the message it isnt gong to mean anything, theyre just going to continue to put their cigarettes out at the door and walk in. He said he is all for public health and feels that is what we should be looking at. He feels it goes a lot farther than should the restaurants be non-smoking it goes deeper. If you are going non-smoking do it across the board. Ken Gentry spoke saying, as he sat and listened this is more of a problem of education than regulation. He spoke of a problem in his household, which they are aware of and take care of themselves; he said he feels like Larry back there, let us take care of the problem. Harry Garrit a mechanical contractor, said he is a HBAC Contractor, who has spent the last five years learning a lot more about the indoor purification, whats available and what is out there. He said you talk about education; you do not have near enough information tonight, in my opinion, to make a good decision. He said he was hired by a local restaurant, newly opened restaurant to do some very expensive purification equipment that takes out these chemicals and pollutants. He said to the Commissioners if they knew what was out there and still be able to do this and still have smoking/non-smoking availability it goes back to that education and know what is available. He knows there are pros/cons but there is equipment out there that will take care what has been available, it depends on how far someone wants to go to spend their money. He continued to explain about the equipment available. Carol Roreski, said she believes education first starts at home. She and her husband both smoke. She said neither of her two daughters smoked, growing up, except the oldest daughter when she turned eighteen; she began smoking. She continued comments, saying not all lung cancer is caused from smoking; its other pollutions in the air as well. This concluded the comments from those present, Attorney Heller said the Commissioners should make their motion and then have their discussion; then ask again for public comments. Roger Rose made a motion to ask the County Attorney to proceed with the process of drawing up some type of Ordinance that would address the smoke free dining issue being discussed tonight. Leslie Walters seconded this motion. Rich asked for comments from the Commissioners. Roger Rose said he came into this very divided, a little bias, probably going towards non involvement of the government in this issue. He said that changed a little when he heard the initial program by the smoke free people. He stated this made him basically aware of some of the facts and where this issue has divided evidence that been accumulated on this issue. He said the couple of months that he has had to think about this and study it. Of course, there has been a lot of input from all different sectors of the County. He believes there has been more input on this than any single issue that we have had since we have been sitting on this board. Roger feels there are three real issues, one being public health, which he explained as being a deadly killer. He said the biggest thing he has heard is that government should not infringe on the rights of business owners in this area, this he explained. He stated another issue is economic impact, he feels there is not anyone who wants to put local restaurants in any type of competitive disadvantage with the surrounding counties, and explained. He stated another issue is economic development, which he explained we are not saying you cant smoke in this establishment, we are only saying here are the conditions under which we will allow you to do that and it would probably be to make some exemption for smoke rooms, etc. He feels it is very appropriate from the public health point of view and thats where he will probably put his support. Leslie Walters said his was really brief in that he is primarily basing his on the rights of the merchant, they dont like government intervention and he doesnt believe we need to micromanage any of the businesses. The patron does have the right of choice, so he is primarily going against the ban. Richard Powell stated he does not smoke and he doesnt think people should smoke. He believes what the Health Board said that secondhand smoke is not a good thing it is unhealthy for anybody. He has a hard time thinking that government should interfere with smoke-free dining, the decision. The owners have the right and ability to do this on their own. He said he likes the thought brought up tonight, educate not regulate thats where we need to go with it and that is kind of where he is coming from. Rich said at this time they could have a brief order of discussion. Paul Schmidt said he would like to address Mr. Rose how he brought FEDCO into this. He stated he has tried to figure out what they have done for us in the past and now he thinks they are going to do something for us in the future. There have been so many factories go out of Fulton County and they have never done anything; Sealed Power when it closed up, he was there, about year after they were phasing it out FEDCO got involved after the fact; if they havent done this much in the past, thats a bad issue to bring up. Mandy Tugmon said for everyone that is asking why pick on restaurants, its not picking on restaurants, it has to start somewhere. Mandy said they are trying to get the kids involved and she explained. All the schools campus in Fulton County are smoke-free. Rich closed the discussion at this time. Diane Jones, County Health Nurse, said she to thinks it is important to educate the children and she explained. She finished by saying smoking is not a good thing. Rich said there is a motion on the floor. Dr. Brubaker said they are doing a good job in education. Dr. Brubaker said they chose to start with restaurants because that involved the most number of people and the children and that was their primary goal. He had one suggestion if people were concerned about economics, if they go smoke-free their business might actually increase. Rich said they should vote at this time. Rich called for the vote. Motion failed 1-2, with Leslie Walters and Richard Powell voting nay. There were approximately 70-80 people in attendance at this meeting. Old Business: Ted Waggoner stated that in 1993 a lady by the name of Amy L. Ferguson bought 18-19 tracts of Kings Lake Property at a Sheriffs Sale. Ted said three or four were purchased back from her under the normal process and she has paid the taxes every since then. Unfortunately there is a process you go through after purchasing property from a Tax Sale and she did not know this; she lives in Chicago. She was given three years to come forward and file a petition with the Court for an Auditors deed, but she didnt do this. At the end of the three years she no longer has the right to do that. The Treasurer has sent her the tax bills as they normally do, she pays the taxes; finally she calls and wants the property in her name. She was instructed to get a lawyer to complete the process and she shows up at Teds Office. Ted said he and Greg has worked out a process that resulted in a proposed Resolution for tonight for the Board to take back the certificate of the sale and sell the property and give her a lien for the taxes she had paid. Ted said in the past eleven years she has paid seven thousand dollars in taxes on the property that way she gets her seven thousand dollars back and she is not adversely harmed, although she has a lot of investment there. Ted explained the property could then be sold at a Commissioners Sale like they normally do when it is not sold at the Tax Sale. This was discussed. Rich read Resolution #071904. RESOLUTION #071904 WHEREAS, certain property in Section B. of Kings Lake Resorts was sold in the 1993 tax sale, by Certificate of Sale; and WHEREAS, no application for Auditors Deed was filed by the purchaser and no order granting the Application was issued as required by statute; and WHEREAS, Indiana Code 6-1.1-25-4.5(k) states that if the purchaser fails to: (1) comply with sub-section (c)(3); or (2) petition for the issuance of tax deed within the time permitted under Section 4.6 (a) of this chapter; the certificate of sale reverts to the County and maybe retained by the County or sold under I.C. 6-1.1-24-6.1.; and WHEREAS, the properties involved are lots numbered 495, 496, 497,498, 489, 490, 491, 492, 507, 508, 158, 159, 160, 161, 162, 305, 306, 307, 308 and 309 all in Section B., Kings Lake Resort, Inc. Property address 525 N. Calumet Street, Rochester, Indiana 46975, and surrounding lots; and WHEREAS, Amy L. Ferguson of Chicago, Illinois purchased the Tax Sale Certificate for said lots on October 4, 1993, and has consistently paid taxes upon said lots since such date and entitled to a purchasers lien for her payment upon the property taxes from the sale proceeds. IT IS THEREFORE RESOLVED By the Board of Commissioners of Fulton County that the three 1993 Tax Sale Certificated issued October 4, 1993 are voided, said Certificates of Sale revert to the County, and said property shall be sold, under I.C. 6-1.1-24-6.1 subject to a purchasers lien for taxes paid from 1993 to-date. Adopted this 19th day of July, 2004. _____________________________ ______________________________ ______________________________ ATTEST: ______________________________ Denise Bonnell, Fulton County Auditor Secretary to the Fulton County Council Roger Rose made a motion to approve Resolution #071904. Leslie Walters seconded this motion. Motion passed 3-0. This concluded the business transacted. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion passed 3-0. FULTON COUNTY BOARD OF COMMISSIONERS ________________________________ Richard A. Powell, President _____________________________ Roger D. Rose, Vice-President _____________________________ Leslie R. Walters, Member Attest: __________________________________ Denise J. Bonnell. 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