ࡱ> jliY  cbjbjWW "== _]\VVVVVVVV$uVVVVVVVVV"VVX8r0rVVh XVD]/VxD FULTON COUNTY COMMISSIONERS MEETING July 21, 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. Highway Department: Assistant Superintendent Mike Clark informed the Board the Buggy Ordinance was ready for adoption. Richard Powell read Ordinance #072103. AN ORDINANCE TO REGULATE ANIMAL DRAWN VEHICLES IN FULTON COUNTY AND PROVIDING PENALTIES FOR VIOLATION Ordinance #072103 Whereas, the number of animal-drawn vehicles on the highways of Fulton County, Indiana has significantly increased; and Whereas, issues relating to public health, safety and road quality have arisen in connection with the significant increase in animal-drawn vehicles on the highways of Fulton County, Indiana; Whereas, the Board of County Commissioners, of Fulton County, Indiana desires to regulate the use of animal-drawn vehicles in Fulton County, Indiana to promote public health, safety and road quality. Now, therefore, be it ordained by the Board of County Commissioners of Fulton, County Indiana: Section I Authority This ordinance is enacted pursuant to Title 36, Indiana Code. Section II Title There is added to the Fulton County ordinances entitled ordinance #072103 Animal-Drawn Vehicle Ordinance. Section III Purpose The purpose of this ordinance is to promote public health, safety and road quality on Fulton County Highways. Fees collected shall be used to help defray the expense of maintaining the roadways in the county system. Section IV Definitions For the purpose of this ordinance, the following words and phrases shall have the meaning stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. If a word or phrase has a meaning in this chapter clearly different than the definitions provided in this section, the word or phrase shall be taken in its plain or ordinary and usual, sense. A word or phrase importing the singular number only may be also applied to the plural of persons and things. A word or phrase importing the masculine gender only may be extended to the female gender. The word shall is always mandatory. A. Agricultural Implement Farm machinery, including, but not limited to, a grain and bean separator, combine, corn picker, ensilage cutter, corn sheller, corn shredder, hay raker, manure spreader, portable sawmill, well drilling machinery, and seeding cultivating, and harvesting machinery. B. Animal-Drawn Vehicle A buggy, carriage, dray, or wagon designed or intended to use one or more animals as motive power whose owner resides in Fulton County. This term does not include an animal-drawn agricultural implement. Nothing contained in the ordinance shall levy a fee or require the registration of an animal-drawn vehicle owned by a non-resident of Fulton County, if such vehicle is used or operated upon the roadways of Fulton County occasionally. C. Auditor Auditor of Fulton County, Indiana D. County Fulton County, Indiana E. Highway A highway, road, street, bridge, tunnel, or approach owned by Fulton County or maintained by the Fulton County Highway Department. F. Owner An individual, firm, corporation, or association that rents, leases, or has exclusive use of an animal-drawn vehicle for a period of at least thirty (30) days in any calendar year. G. Sticker A numbered sticker issued by the Auditor bearing the words Fulton County, Indiana, its effective year, the fee imposed, and a consecutive number which shall be permanently affixed and prominently displayed to the left rear of an animal-drawn vehicle operated on any highway. The Auditor shall change the coloring scheme each year providing for a white or light background and black or dark letters and numbers. SECTION V. STICKER REQUIRED An animal-drawn vehicle operated upon any highway shall bear a sticker A sticker shall not be used on more than one animal-drawn vehicle A new sticker shall be required for each animal-drawn vehicle annually A forty dollar ($40.00) fee for the sticker shall be paid to the Auditor. It shall be unlawful to use or operate an animal-drawn vehicle upon a highway: with an expired sticker; with a sticker transferred from one animal-drawn vehicle to another, or without a sticker. The first effective year for a sticker shall be for the period constituting October 1, 2003 until September 30, 2004. Each stickers effective year issued thereafter shall be for the period constituting October 1 of the calendar year it is issued until September 30 of the following calendar year. In the event that any numbered sticker is lost or stolen, the number of said sticker shall be verified by the Auditor of Fulton County, Indiana, upon presentation of the receipt of the original purchase of the numbered sticker, the Auditor of Fulton County, Indiana shall then issue another number sticker to the owner; and shall note such on the receipt. SECTION VI FEES COLLECTED All fees collected shall be deposited into the County General Fund. Separate line items shall be established within the County General Fund for disbursement of fees collected as described in paragraphs B and C below. The Fulton County Auditor shall be entitled to retain five dollars ($5.00) of the forty dollars ($40.00) fee collected. This five dollar ($5.00) administration fee shall be for the use of the Auditors Office for the administration of the fees and the book work required. The remaining thirty-five dollars ($35.00) shall be for the payment of wages incurred as a result of maintaining the county roadway system, and for the payment of expenses including, but limited to the cost of stickers, receipt books, etc. SECTION VII PENALTY Subject to impoundment 1. Animal-drawn vehicle operated in violation of this ordinance may be impounded. An impounded animal-drawn vehicle shall be released to its owner upon remediation of the violation herein. Fine 1. A person found in violation of any provision of this ordinance shall be subject to a fine not to exceed two thousand five hundred dollars ($2,500.00) pursuant to the following: a. A person found in violation of any provision of this shall be subject to a find of not more than one hundred dollars ($100.00) for the persons first offense. b. A person found in violation of any provision of this ordinance shall be subject to a fine of not more than five hundred dollars ($500.00) for the persons second offense. Person Subject to Penalty 1. In the event there is any dispute whatsoever as to who should appropriately be cited and subject to penalty for violation of this ordinance, the person operating the animal-drawn vehicle shall be accordingly cited and subject to penalty. Enforcement The County Sheriffs Department shall enforce this section. Any duly qualified acting law enforcement officer serving in the County may enforce this section. SECTION VIII SEVERABILITY Each section, subsection, clause and phrase of this ordinance is declared to be an independent section, subsection, clause or phrase and the finding or holding of any such portion of this ordinance to be unconstitutional, void, or ineffective for any cause, or reason shall not affect any other portion of this ordinance. SECTION IX CONFLICTS STATUS No part of this Ordinance shall be deemed to conflict with the statutes of the State of Indiana regulating horse drawn vehicles and/or horse drawn trailers, but any conflict so far as possible shall be reconciled under the statutory presumptions in Title 36. SECTION X EFFECTIVE DATE This ordinance shall be in full force and effective on the date approved by the Board of County Commissioners, Fulton County, Indiana. This ordinance shall supercede any former ordinance in conflict herewith. In witness whereof, the Board of County Commissioners of Fulton County hereunto approve and pass this ordinance this ___4th__ day of __August__, 2003. BOARD OF COUNTY COMMISSIONERS, FULTON COUNTY, INDIANA ______________________________ Richard A. Powell ______________________________ Roger D. Rose ______________________________ Leslie R. Walters Attest: _____________________________ Denise J. Bonnell, Auditor Fulton County, Indiana Following the reading of Ordinance #072103, Roger Rose made a motion to suspend the rules and go to the second reading. Leslie Walters seconded this motion. Motion carried 3-0. The third reading will be August 4, 2003. Mike Clark gave a report on the work being done, chip & sealing and mowing of roadside and they should start paving in August. Mike said at the August 4th Meeting they would present an ordinance for a speed limit on Lucas Street and asked that it be put on the agenda. He explained the exact location. He said the street was paved earlier in the year and will be sealed this year, but has no speed limit. He said the speed limit would be 30 mph. This was discussed. There was a discussion and the decision on the Lake Bruce access will also be made at the August 4th Meeting. Sheriffs Department: Sheriff Roy Calvert reported that the plumbing is done at this time. He also reported that it is working fine. He said they are now working on the electrical problems that were previously discussed and getting that done. The sheriff spoke of blind intersections where the corn is tall and he felt this should be noted in the newspaper. The Jail Inspection Report was received and discussed. County Treasurer: Judy Reed spoke on the use of Credit Cards and stated the County does not incur the fee. She explained the fees stating it is around three (3%). She said that a debit card can also be used and explained the procedure for both the credit and debit cards. Judy stated at the present there are twenty-three counties using this Government Services Agreement. Following this discussion Roger Rose made a motion to approve the Government Services Agreement between Fulton County and Official Payments Corporation for paying by credit card. Leslie Walters seconded this motion. Motion passed 3-0. Advisory Plan Commission: Director Casi Cramer informed the Board that she would like to transfer $400.00 from Legal and Consultant to Equipment Repair. Casi said she was told of a company, Van Ausdall & Farrar, Inc. that services copiers. She contacted this company to work on their copier. They had to replace the drum on their copier; also, she inquired about a service agreement and the cost involved. They quoted to her $999.60 for the period of August 1, 2003 to August 1, 2004. She said this was for 7,000 copies per month or 84,000 copies per year. At the present time, her office is averaging 66,216 copies per year. She continued to explain the use of the copier; furthermore, for the past three years that she has had this machine, the cost to the county has been $3, 287.50 for just maintenance and toner on this machine. She explained how often the drum should be replaced and stated to go with a Maintenance Contract the cost for three years would be $3471.12. She explained all that is included in the Maintenance Contract, such as, toner, all service calls, all parts, which includes the drums and does this on preventative maintenance as recommended by the manufacturer. This was discussed and she explained how she could pay for this cost from her budget. Roger Rose made a motion that the County enters into a Maintenance Agreement for the Plan Commission with Van Ausdall & Farrar, Inc., for a three (3) year contract for $3,471.12, beginning with August 1, 2003. Leslie Walters seconded this motion. Motion passed 3-0. With this action of the Board, Casi will sign the agreement. Casi said her colored printer went out about six months ago, which they do not use that often, and she has not replaced it. She stated in her budget she has $200.00 for equipment and would like the Boards approval to purchase a new colored printer. The cost would be $129.99, this being a capital cost she needs their approval. The consensus of the Board was for Casi to purchase the new colored printer. Emergency Management: Susan Griffith, Director, referred to the Mutual Aid Agreement with the State, which was discussed at the last meeting. Attorney Heller was asked to comment. Attorney Heller said he saw no reason to opt out, which was the only action necessary; and. The Board was in agreement. Mr. Dick LeCount with FEMA was present and stated he represents the individual assistance side of FEMA. He said Fulton County had been included in the Disaster Area. This was in reference to the July 4th and July 20th storms. Individuals can apply for assistance by calling 1-800-621-FEMA. He explained anyone filing must do so within 30 days of the storm. He explained the filing for the assistance, which he stated could be a grant or loan. He said the nearest office around here is Kokomo. CEDIT Appropriation: Director, Mike Busch informed the Board that on Wednesday he would be asking the Council for a $30,000.00 appropriation from the CEDIT Fund. He said he would have full details of the project available for the Council Meeting on Wednesday, July 23rd. He said the $30,000.00 will be used for a promissory note and will be repayable at 3 years with four (4%) percent interest. This was discussed. Litter Control Discussion: Roger stated the littering in the County was brought to our attention by the sheriff. Roger asked Roy for comments. Roy spoke of the different organizations that have taken part. There needs to be more public awareness. Roger said the State Statue allows a fine up to one thousand ($1,000.00) dollars. If the debris is on fire it costs more. Attorney Heller said the State Statue is sufficient and suggested that it is more of a public awareness issue rather more than more legislation. Doug Oakes spoke of education on this issue and how important that is. Judge Morton told the reasons inmates could not be used. Also, the areas that is more prone than others. It was suggested to use the newspaper and radio to make the public more aware. The discussion continued. Litter Control will be continued to the August 4, 2003, Meeting. Fulton County EMS/First Responders: Mr. James OKeefe said the EMS is a separate entity. The services preformed by the EMS are charged to the patient. He stated eighty percent of the EMS calls are within Rochester City and Rochester Township and the other 20% from the outlying areas. Mr. OKeefe spoke of the start of the Task Force in January 8, 2003. They made a list of what they thought were issues/concerns; escalating response time, cost issues, radio communications, geographic locations (population location) and the lack of volunteers. As a group they want to increase the volunteers in the Satellite units, this is very important. They have tried to reduce the impact of the EMS vs. 1st Responders. He explained in detail. They also thought it would be beneficial if the cost factor was available; also, education sessions and record keeping. He spoke of $1,000.00 for each unit to be put into the EMS budget. The use of this amount was discussed, in part to offset the cost of the runs and some training. Mr. OKeefe said they have looked at the costs paid by other counties and didnt feel Fulton County was paying any higher than other counties. There was discussed. Recessed at 8:50 p.m. Board back in session 9:00 p.m. Maintenance: Joe Morrow said he would like a meeting scheduled with DA Dodd and Control Solutions regarding the heating and cooling system. The building temperatures were discussed; also, the controls. Joe reported the mulch is not done and there are only two bag remaining. Rich said they would set up the meeting with DA Dodd and Control Solutions. Citizens Problem: David Berry informed the Board that he lives on 950 S. in Wayne Township and the road is flooded between 900 W. and back towards SR 17, 800 W. He said there is no natural drain there and the only way to get rid of the water is with two sump pumps. Thats the way it has always been. He went on to detail previous times, stating two weeks ago, July 8th an ambulance responding to a call drove through the water. He told of the condition of the road that day. He said he has a business on the other side, which makes it difficult to conduct business on the wrong side of the road. He said he would just like to see the road built up like it used to be. Its a muck hole and it settles. He said there has been thirteen inches of water there and the sump pumps cannot get rid of it. It pumps it into a tile and tries to pump it well over one-half mile, and he explained the location. He said it is this way every year and every year. Rich said he would talk with the Highway Superintendent, Scott Tilden. Nyona Lake Bridge #93: It was reported there are surface cracks and this was discussed. Rich said they had been out and looked at the bridge, but they have not signed the release. Attorney Heller, said they should not sign until it is fixed. This was discussed. Rich said that INDOT approved the bridge. The discussion continued. They said Jeff Million, Inspector said it was okay. It was noted a second opinion would certainly help. There was no further discussion. Sale of Property at Silver Lake owned by Woodlawn Hospital: Rich stated the resolution is to sell the property at Silver Lake owned by Woodlawn Hospital. He said the Hospital Board has agreed to sell and have passed their resolution. The Board of Commissioners must approve it also; and, Resolution #072102 was read. RESOLUTION #072103 IN RE: Resolution by the Board of Commissioners of the County of Fulton, Indiana on the proposed sale by Woodlawn Hospital of Real Estate in Silver Lake, Kosciusko County, Indiana WHEREAS, the Board of Trustees of Woodlawn Hospital is the owner of a tract of real estate in the Town of Silver Lake, Kosciusko County, Indiana upon which is located a medical clinic, and which medical clinic the Board of Trustees has operated over a period of time; and, WHEREAS, said Board of Trustees have determined that said real estate is no longer necessary for hospital purposes and the Board of Trustees desires to sell the same; and, WHEREAS, the sale of said real estate is required to be approved by the County Commissioners, pursuant to Indiana Code 16-22-3-17. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the County of Fulton, Indiana, does hereby approve the sale of said real estate as proposed by the Board of Trustees of Woodlawn Hospital. Dated this 21st day of ___JULY__, 3002. ___________________________ ________________________ Richard A. Powell Roger D. Rose ________________________ Leslie R. Walters This instrument prepared by Robert E. Peterson, PETERSON & WAGGONER, LLP, 125 East Tenth Street, Rochester, Indiana 46975-1736. Roger D. Rose made a motion to approve Resolution #072103 regarding the sale of the Silver Lake Clinic. Leslie R. Walters seconded this motion. Motion passed 3-0. Attorney Heller stated by the Statue the Board of Trustees of Woodlawn Hospital would have to come up with an appraisal from three, as the Statue provides there is going to be an appraisal done. He continued to explain. Roger Rose stated that Realtor John Little had contacted him and stated he would agree to conduct the sale of this property for a three (3%) fee as long as the Commissioners paid the advertising. Roger stated John was just making his services known. Commissioners Minutes: The minutes of Commissioners Meeting June 16, 2003, were reviewed. Roger said the following should be added under Richland Township Property Request: Other concerns were contamination of well water at the site; current use of the larger property for Sheriffs Shooting Range; disposal of large storm damage debris by the County Highway Department; reduced future market value of the main property due to chopping up reduced road frontage. Rich stated it was concerning the discussion regarding the old County Landfill. Roger Rose made a motion to accept the Minutes of June 16, 2003 as corrected. Leslie Walters seconded this motion. The minutes of Commissioners Meeting June 30, 2003, were reviewed; also, the minutes of Commissioners Meeting July 7, 2003; also, the minutes of Commissioners Executive Meeting July 15, 2003. Roger Rose made a motion to approve the Commissioners Minutes for June 30th and July 7th Meetings. Leslie Walters seconded this motion. Motion passed 3-0. Roger Rose made a motion to approve the Commissioners Executive Meeting of July 15th as pending. Leslie Walters seconded this motion. Motion passed 3-0. Appropriation Request: FEDCO: CEDIT Fund #0211-263-3000-22 Professional Service Assistance $30,000.00 The Board reviewed and approved the above Appropriation Request. Transfer Request: Plan Commission: From #0101-036-3000-20 Legal & Consultant $ 400.00 To #0101-036-3000-60 Equipment $ 400.00 Maintenance: From #0101-161-3000-64 Sprinkler System $ 450.00 To #0101-161-3000-90 Laundry Cleaning $ 450.00 Park & Recreation: From #1301-000-3000-30 Dues & Subscription $ 250.00 From #1301-000-3000-22 Mileage $ 250.00 To #1301-000-3000-25 Consulting Fees $ 500.00 Aviation: From #2102-206-3000-50 Utilities $ 79.00 To #2102-206-3000-40 Insurance $ 79.00 Commissioners: Cum Cap From #2391-214-3000-61 Annex Building Roof Repair $ 5,000.00 To #2391-214-3000-60 Courthouse Building Repair $ 5,000.00 From #0101-068-3000-98 Consulting/Job Function $ 7,500.00 To #0101-068-3000-11 Legal Lawsuit $ 7,500.00 The Board reviewed and approved the above Transfer Request. Claims and Payroll: All Claims and Payroll were reviewed and signed for payment. Other Business: Roger asked if there had been any action on the Mt. Zion Access that was previous heard. Attorney Heller stated he had not been out to view it. It was agreed to add this to the Agenda for the Commissioners Meeting August 4, 2003. The problem regarding the landowner, Don Chapel, at Nyona Lake will be on the Agenda for the Commissioners Meeting August 4, 2003. The bill for the Surveyors truck was quoted at $300.00 and it was not fixed; so, it was taken back and was told that for $1200.00 it could be fixed. Rich said he discussed this with the Surveyor and the feeling was maybe it should be gotten rid of. Then they came back again and quoted $600.00 so it would run part-time. There was a discussion as to what would be the best action. The consensus of the Board was to get rid of it rather than spend more, with no guarantee it will run. Roger Rose made a motion to accept the offer to settle the Dale Waggoner Lawsuit. Leslie Walters seconded this motion. Motion passed 3-0. 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. This meeting was reopened for the following action. Overmyer Park Water Easement at Bruce Lake: They asked Attorney Heller what should be done. He stated there are a lot of people involved and there is nothing the County needs to do at this time. It must be the decision of the lake owners. The consensus of the Board was to give the Overmyer Park issue back to the Lake Bruce people. Roger Rose made a motion to recess this meeting. Leslie Walters seconded this motion. Motion passed 3-0. Meeting Recessed at 10:15 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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