ࡱ> proY xbjbjWW "==t] &t%$F  V@,`  FULTON COUNTY COUNCIL MEETING August 19, 2003, 6:00 p.m., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Members present at this meeting were Judy DeVries, Christopher Sailors, David Helt, Harry Richter, James Widman, Gary Sriver and Earl Gaerte; also, Denise J. Bonnell, Auditor. President Chris Sailors presiding called for all to stand as Dave Helt led in the Pledge of Allegiance. Minutes: The minutes of two previous meetings that of July 14, 2003, Joint Meeting with Board of Commissioners and Woodlawn Hospital Board of Trustees, regarding the hospital bonds; also, July 23, 2003 a regular meeting. Minutes of July 14th were reviewed. Jim Widman made a motion to accept these minutes as written. Gary Sriver seconded this motion. Motion passed 7-0. Minutes of July 23rd were reviewed. A correction was made. Judy DeVries made a motion to accept these minutes as corrected. Jim Widman seconded this motion. Motion passed 7-0. County Extension Office: Agent Mark Kepler stated he wanted to discuss an Appropriation Request. He explained this was in the Maintenance and he is out of money. He explained the need, stating the expenses that occurred, were a maintenance invoice and repair of a copy duplicator. After paying these amounts there is no money for the remainder of the year. The copy machine was discussed. He has budgeted for a new one in the 2004 budget. Gary Sriver made a motion to approve this Appropriation Request for Maintenance Account #0101-011-3000-60 in the amount of $1,000.00. Jim Widman seconded this motion. Motion passed 7-0. Animal Drawn Vehicle Ordinance Fees: Each member has received a copy of the fees, Ordinance #072103, which the Commissioners approved at their August 4, 2003, Meeting. Chris stated the fees are set at $40.00, which concerns the Council, as they are to approve all fees. Chris read Section VI Fees Collected. Also, Chris raised a question regarding the penalties, as to whether or not the Council has any say? Attorney Ted Waggoner said yes, both the fines and fees are the Councils responsibility. Chris asked for any discussion, as the Commissioners would like the Ordinance to take affect as of October 1, 2003. The question was asked, what was the reason for the Ordinance. Commissioner Roger Rose informed the Council; Highway Superintendent, Scott Tilden had brought this to the Commissioners. Roger stated as the population grows requiring animal drawn vehicles, the Ordinance would be in place as the animal drawn vehicles do their share of wear and tear on the road; therefore, its only fair they contribute something towards maintenance. The question was asked if the fee was adequate for the costs. This was discussed. Scott also commented on the fees. Chris asked if there were more questions concerning this ordinance. Chris wanted to know of the Council whether or not they wanted to have an ordinance drawn up to specify the fees or just ratify what the Commissioners proposed. This was discussed and the consensus was to just ratify the Ordinance the Commissioners proposed. Earl Gaerte made a motion to ratify the Commissioners Ordinance #072103, An Ordinance To Regulate Animal Drawn Vehicles in Fulton County and Providing Penalties For Violation. Judy DeVries seconded this motion. There was no further discussion. Motion carried 5-2, opposed Gary Sriver and Harry Richter. 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 In witness whereof the Board of County Council of Fulton County hereunto approve and pass this ordinance this 19th day of August, 2003. BOARD OF COUNTY COUNCIL, FULTON COUNTY INDIANA Members Voting Aye Members Voting Nay _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ __________________________ _____________________________ Attest: _____________________________ Denise J. Bonnell, Auditor Fulton County, Indiana Public Defender: Board Member, David Clauson was present regarding an Appropriation Request. Dave Clauson explained to the Council the increased caseload over the previous two years, twenty-five (25%) and the previous year eighteen (18%). Dave explained with that percentage of increase their contracts allow for renegotiations. The amount requested is $20,000.00, which is $10,000.00, for each of the Trial Attorneys. Chris told Dave this was discussed at the budget hearings and going through a report on cases there may be some discrepancies. Council feels additional information is necessary before a decision is made. Chris said he is aware the Commissioners recommendation was to revisit this, but after going through the budget hearings, etc., there is some discrepancies in the numbers somewhere in the caseloads. Dave stated these numbers were gotten from the Court. Chris went ahead to explain this to Dave and since Karin is on vacation, Chris said they wanted to get this straightened out first. There was a discussion on the numbering (Cause Numbers) relative to repeated offenders. Dave said this is just for the remainder of the year. This was discussed; also, the different types of cases. There was a discussion of the possibility of carryovers; this to was discussed. Chris informed Dave that he did get a letter dated, August 1st., from Public Defenders Commission in Indianapolis stating Fulton County did get their forty (40%) reimbursement for non-capital felony & juvenile cases from the Public Defender Defense Fund for the third quarter of fiscal year 2002-2003. Chris went on to read other pertinent information in that letter. Chris asked for a motion to table this request. Jim Widman made a motion to table this Appropriation Request until deemed necessary. Harry Richter seconded this motion. Motion passed 7-0 ABC Appointment: Chris stated this is the Alcohol and Beverage Commission. The vacancy occurred when Bob McGlothin passed away. This was discussed. Chris said this is a political appointment. Harry Richter made a motion to appoint Fred Brown to the vacancy created. Gary Sriver seconded this motion. Motion passed 6-0. Judy DeVries abstained. Highway Department: Superintendent, Scott Tilden said he was in front of the Council in April 2003, as there was a Bid Letting on two new dump trucks in March 2003. Scott said, at that time, he informed the Council he would need financing for these dump trucks. Scott said it is within two weeks of the delivery. He asked Auditor, Denise to explain this. Denise suggested permission be given from the Council to seek loan proposals, as has been done in the past. She would obtain the specifications for the trucks from Scott and send letters to various banks for their proposals. Scott quoted $124,813.00 for both trucks, which would include the trucks, the hoist, and hydraulics w/dump bodies. Scott said these were in his regular budget. Scott would like it arranged in four (4) semi annual payments. Scott was asked about mileage on the trucks traded in; and, he said the one they just sold was a 1995 that had over 300,000 miles; also, a 1992 with about 270,000 miles. Scott said they presently have three Freightliners, which are the last ones purchased and they are well pleased with the performance. This money comes from the Highway Fund. Gary Sriver made a motion to give Scott the consensus of the Council to proceed on soliciting bids from the banks for a loan for the trucks. Dave Helt seconded this motion. Motion passed 7-0. Woodlawn Hospital Bonds: Attorney Ted Waggoner said he should officially report, on the July 14th, meeting that was held to discuss the refinancing of the Woodlawn Hospital Bonds, which included the Fulton County Council, Board of County Commissioners and Woodlawn Hospital Board. Attorney Waggoner spoke of Resolution No. 071403, approved at that time to save $225,000.00, which the estimate showed the savings to be $250,000.00 based on the interest rate on July 14, 2003. Attorney Waggoner said on July 15th the interest rates started climbing and over the next three weeks increased 100 basis points. August 1st the day we were to close the matter out, Ted stated he talked with Todd Samuelson, who indicated that the estimated savings of about $250,000.00 had reduced down to $100,000.00 which meant it no longer qualified under Resolution No. 071403, that was passed. Ted said the project has been tabled. Ted stated Todd would keep checking and should the long-term interest rates drop, when that happens, they will try to catch it, as everything is ready now. Appropriation Request: Circuit Court: #0101-232-3000-20 Telephone $ 600.00 #0101-232-4000-45 Copier Maintenance $ 182.00 Approved by the Council later when discussed. County Extension Office: #0101-011-3000-60 Maintenance $1,000.00 Approved by the Council when discussed. Transfer Request: Advisory Plan Commission: From #0101-036-3000-20 Legal & Consultant $ 26.00 To #0101-036-4000-60 Equipment $ 26.00 Dave Helt made a motion to allow this Transfer Request. Jim Widman seconded this motion. Motion passed 7-0. Rochester Township Assessor: From: #0101-013-3000-60 Maintenance Equipment $ 140.00 To #0101-013-4000-40 Capital Purchase $ 140.00 Judy DeVries made a motion to allow this Transfer Request. Jim Widman seconded this motion. Motion passed 7-0. Superior Court: From: #0101-201-1000-30 Per Diem Judge $ 200.00 To #0101-201-3000-21 Postage $ 200.00 Gary Sriver made a motion to allow this Transfer Request. Dave Helt seconded this motion. Motion passed 7-0. From: #0101-201-3000-10 Medical $ 200.00 #0101-201-1000-32 Per Diem Bailiff $ 150.00 #0101-201-3000-31 Printing $ 200.00 #0101-201-3000-93 Schooling $ 200.00 To #0101-201-2000-11 Copier Supplies $ 200.00 #0101-201-2000-10 Office Supplies $ 150.00 #0101-201-2000-10 Office Supplies $ 200.00 #0101-201-2000-10 Office Supplies $ 200.00 Earl Gaerte made a motion to allow this Transfer Request. Jim Widman seconded this motion. Motion passed 7-0. Public Hearing: The time being 7:00 p.m., Chris Opened the Public Hearing on, Englewood Development Companys Tax Abatement Proposal. Attorney Ted Waggoner began by presenting copies of the Confirmatory Resolution No. 081903, For Englewood Development Co., Inc. to be considered. Attorney Waggoner stated that a couple months ago Englewood Development Co., Inc., came before the Council seeking Tax Abatement for a proposed 2.8 million dollar project. The location is just south of town on Old US Highway 31. It complies with strict guidelines for lower to moderate-income housing. Ted stated it is a two part Tax Abatement Application; the first being the granting of an Economic Revitalization Area, the second is granting of the specific Tax Abatement. Ted explained both parts. He further stated he had shared letters from both Senators Bayh and Lugar favoring this specific project; as, Fulton County has never received Federal tax supported dollars that support this project. Brian McDonald with Englewood Development Company then spoke of the importance of this project and why they are asking for help from the County. He told, why he would like to bring some of the tax credits back to Fulton County as this program has existed since 1986 and went on to explain that before no one has focused to bring back those dollars and keep them here in Fulton County; and, that is what he is doing here. He stated that a deed is recorded against the property saying, they cannot raise the rents above high standards. He went on to explain the income level of the people they will be serving. Mr. McDonald introduced April Delvecchio, who manages for Englewood, Northcrest Property in Angola. She spoke of this property, the income level it serves and how it benefits the community. Joni Hawkins spoke, stating she works with Community Living, which is an all-residential provider in Angola, IN. She detailed the type of individuals they were able to provide housing and support for. She also explained their level of income. Robert Byrnes, a retired resident of Northcrest; told of moving from Florida in January 2002, now living here, on just his Social Security. The question was asked of Brian McDonald, did Steuben County give them a Tax Abatement and he responded, no. He said, when asked, they had requested one; and, went on to elaborate on the housing and who it serves Attorney Waggoner stated this Hearing is for confirmation of the Resolution. Chris opened the discussion for comments. Ernie Hiatt said he had no idea this was coming up, but as he listened, and looking around, he sees several Department Heads that are being squeezed for money. Speaking as a citizen he gave his comments as being opposed to projects with Tax Abatement; as a taxpayer he feels we are supporting enough. Jim Fritts said as a concerned taxpayer, he is not against this project, but he is against the abatement. He feels this a money making venture and he continued to explain. He believes they should go on their own with their credit and the grants given to them. He is opposed for the Tax Abatement for this project. Attorney Ted Waggoner commented on the proposed property and the present income in annual taxes. He explained the Tax Abatement process; also, the housing this will provide. Chris again, gave opportunity for comments/questions. The question was asked about the people that would help with the construction on this project. Brian McDonald stated they would use statewide groups, but use about 30% locally. The questions as to who said Fulton County needs this type of housing was answered by Brian McDonald, stating the State picked up on Fulton County, that 25% of the people are paying more than they should for housing. He further stated that Fulton County is paying into this money that gets distributed throughout the State, at the rate of $1.75 per person, per year. He went on to elaborate. Chris asked Brian of the projects he has completed here in Indiana, what percentage of those have gone through an Abatement process? Brian said in the last three years, Rising Sun gave full Tax exemption, Angola did nothing, Mitchell, IN 7/10-year abatement, Frankfort-not sure, Gas City has given an abatement, Ligonier has said they will do one, Kendallville was not ask, because they gave $110,000.00 in some matched money directly for a Grant and Corydon did not give. This was discussed. Ernie Hiatt ask Brian since they were dealing with the City of Rochester with sewer & water, did they ask them about annexation? Brian said, no. There was no further discussion or questions; Attorney Ted Waggoner read Resolution No. 081903. RESOLUTION NO. 081903 CONFIRMATORY RESOLUTION FOR ENGLEWOOD DEVELOPMENT CO. INC. WHEREAS, on June 17, 2003 the Council considered the Application of Englewood Development Co., Inc. for the designation of the certain real estate as an Economic Revitalization Area, and for tax abatement and then adopted a Declaratory Resolution, which was Resolution No. 061703; and WHEREAS, a copy of the Application for Designation of the affected area, with all pertinent supporting data, and Declaratory Resolution No. 061703 were available for public inspection in the offices of the Fulton County Assessor and the Fulton County Auditor and a Notice of Public Hearing was published in The Rochester Sentinel more than ten (10) days before this meeting; and WHEREAS, The Council has considered the factors set forth in Fulton County Resolution 052389, and declared its findings in Resolution 061703 and now confirms such findings; and WHEREAS, the Council having received the report of the County Commissioners recommending a Ten Year Abatement and conducting a public hearing on this matter, and giving careful consideration to all comments from interested persons at the hearings; and WHEREAS, the Council is satisfied that the declaration should be confirmed, the area declared an Economic Revitalization Area, and the terms of the tax abatement for real estate improvements established; THEREFORE IT IS RESOLVED, that the County Council confirms the findings of fact made in Declaratory Resolution No. 061703 for designation of real estate as an Economic Revitalization Area, and incorporates those findings as if fully set forth herein; and IT IS FURTHER RESOSLVED, that based on the information provided by petitioner and the public, the Council confirms its authorization of a ten year period during which abatement of real taxes may be received. IT IS FURTHER RESOLVED, that the confirmation of the property described above as an Economic Revitalization Area of Fulton County shall allow a __5__year deduction from the increase in assessed value of real estate improvements as set forth in the Statement of Benefits filed herewith. BE IT FINALLY RESOLVED, that by adoption of this Resolution, the Fulton County Council does confirm its Declaratory Resolution approved on June 17, 2003 which designated the real estate described above as an Economic Revitalization Area. Adopted this __19__day of August, 2003 by the County Council of Fulton County, Indiana, by a vote of __4__aye, and __3__nay. _____________________________________ President, Fulton County Council Voting Yes: _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ Voting No: _____________________________ ______________________________ _____________________________ ATTEST: _____________________________ Denise J. Bonnell Fulton County Auditor Chris asks again for any further discussion from the Council? There was none; Chris called for a motion for the year of reduction. Gary stated 5 years and in defense of that time Gary explained his reasoning. Gary Sriver made a motion to insert that the Economic Revitalization Area of Fulton County shall allow a five-year deduction. Harry Richter seconded this motion. There was no further discussion on this motion. Voting yes, were Gary Sriver, Harry Richter, David Helt and Christopher D. Sailors. Voting no, were James Widman, Earle Gaerte and Judith DeVries. Motion carries to insert five (5) years. Chris then called for a motion to accept Resolution No. 081903 Confirmatory Resolution For Englewood Development Co. Inc., as stated with a five (5) year deduction. Gary Sriver made the motion to accept Resolution No. 081903 Confirmatory Resolution For Englewood Development Co. Inc., as stated with a five (5) year deduction. Harry Richter seconded this motion. Motion carried 4 to 3. Opposing Judy DeVries, Earle Gaerte and Jim Widman. Chris called for a ten-minute recess. The Council reconvened at 8:30 p.m. Circuit Court: Chris asked Judge Morton to comment on his Additional Appropriation Request. Judge Morton stated his budget for telephone needed funding and he explained asking for $600.00. The Copier Maintenance, which he states, includes the toner and cartridges and he needs $182.00. He felt if these were approved that would take care of the remainder of this year. Earl asked Judge Morton if money could be transferred from his Interpreter Account? This has about $1,000.00; then, if this would be needed later he could come back. This was discussed. There were other accounts mentioned and discussed with Judge Morton. Harry asked how many lines were in his office? Judge said the number of telephone lines would have to be answered by the telephone company; however, the number of telephones he explained. Harry Richter made a motion to approve the Appropriation Request for Circuit Court in the amount of $782.00. Earl Gaerte seconded this motion. Motion passed 7-0. Judge Morton stated he has a printer going out and is in need of it now. Chris asked him what kind did he need; also, would any of the other office holders have an extra printer? This was discussed. New Business: Chris said he had the Jail Inspection Report, if anyone would like to see it. He said for the most part they did fairly well; but a couple things were highlighted, which he read. One item, which was pointed out, the Jail Staff, has been corrected, and two new Jailers have been hired. Also, does the Community have a Community Corrections Program? The answer was no. It stated the County should consider a Community Corrections Program and gave the name and telephone number of Mr. Mike Brown with the IDOC. The last item was the Jail is usually overcrowded and suggested who could be contacted for recommendations. Chris mentioned something that might be coming up was Rainy Day Fund and the Innkeepers Tax, which he read to the Council. These are changes going through the House. This concluded all the business to be transacted at this meeting. Harry Richter made a motion to adjourn. Dave Helt seconded this motion. Motion passed 7-0. FULTON COUNTY COUNCIL ______________________________ Christopher Sailors, President ______________________________ David Helt, Vice-President ______________________________ Gary Sriver, Member ______________________________ Harry Richter, Member ______________________________ James Widman, Member ______________________________ Earl Gaerte, Member ______________________________ Judy DeVries, Member Attest: _________________________________ Denise J. 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