ࡱ> TVSY TbjbjWW &t==P] \ hhhhhhhhy { { { { { { $j ^ hhhhh hhhhhhA 8h|hhy : ,A hLEV~R7 FULTON COUNTY COUNCIL MEETING December 9, 2003, 6:05 p.m., E.S.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Members present were Judy DeVries, Earl Gaerte, Chris Sailors, Harry Richter, David Helt, James Widman and Gary Sriver; also, Auditor Denise J. Bonnell. President Chris Sailors presiding called the meeting to order, asking all to stand as Harry Richter led in the Pledge of Allegiance. Council Minutes: The minutes of the previous meeting, November 18, 2003, were reviewed. Judy DeVries made a motion to accept the Minutes of November 18, 2003 as presented. Earl Gaerte seconded this motion. Motion carried 7-0. Highway Department: Superintendent Scott Tilden presented an Amendment to Ordinance #080497-2 (Underground Transmission Devices). Scott supplied the members with more information regarding this Ordinance that was passed in 1997 that being a copy of the road cut guidelines together with a copy of the original permit that was used. He explained that starting a couple months ago he has been working with the Commissioners on this Ordinance. He stated they wanted to make sure it was a good Ordinance after 6/7 years; also, review the fees being charged in comparison to surrounding counties. Scott said Kosciusko Countys charge is $40.00, Marshall Countys is $100.00, Cass County has two fees, a road-cut is $50.00 and trenching on/along roadside is $25.00. Scott said after reviewing the Ordinance everything was good, except County Attorney Heller said the fee should be addressed. He explained this, as well as the markings. Scott said the markings would be included in the list of responsibilities that is part of the permit, which he explained. Scott said as for the Council he wanted them to know the Commissioners gave their consensus to raise the fee to $50.00, which at the present time is $15.00. Scott explained the time spent in processing the permit. Scott said the Amendment was the fee and the other change would be putting in some language as to the responsibilities of the permit tee in marking the pedestal boxes and junction boxes. The discussion continued. Chris then read Ordinance #120903, Amendment to Ordinance #080497-2 (Underground Transmission Devices), as follows: BEFORE THE FULTON COUNTY COUNCIL Ordinance #120903 AMENDMENT TO ORDINANCE #080497-2 (Underground Transmission Devices) To include and be part of Ordinance #080497-2 Under Subsection #1, will be included To include Item #14 Item #14 Permit Fees Prior to the commencement of any work, a non-refundable $50.00 fee must be submitted with the permit application. This Amendment to Ordinance #080497-2 will become part of said Ordinance upon passage. Adopted the ____________day of __________, _______. Fulton County Council ________________________ _________________________ Christopher Sailors Judy DeVries ________________________ _________________________ David Helt Earl Gaerte ________________________ _________________________ Gary Sriver Harry Richter ________________________ James Widman ATTEST: _____________________________________ Denise J. Bonnell, Auditor of Fulton County Following this reading, Chris stated he would offer a second reading by title only, which he then read. Ordinance #120903, Amendment to Ordinance #080497-2 (Underground Transmission Devices) To include and be part of Ordinance #080497-2. Chris asked for any further discussion on this Ordinance. There was no further discussion; however, he inquired of Scott as to a timetable when he would want this Ordinance in force. Scott anytime before the construction season begins in the spring. Chris stated the third reading of this Ordinance would be at the Councils January 2004 Meeting. Review of Penalty, Fines & Fee Schedules: Chris stated regarding this review he really had nothing more than had been discussed; however, he did suggest and asked the feeling of the Council about having a subcommittee to look into and review this closer? There were no objections; therefore, Chris appointed Harry Richter, as Chairman along with Judy DeVries and Jim Widman as the Committee to Review the Penalty, Fines and Fees Schedules. The Committee will report their findings to the Council at a later date. Health Department: Chris opened the discussion on Ordinance #110303, Amendment to Ordinance #110401, dated November 5, 2001. Harry asked about the status of non-profit organizations being automatically exempt by statute. Chris stated he had asked Deb Garner and she cited IC 6-2.1 -3-20 through IC 6-2.1-3-22. Chris read this aloud. Chris said he received a letter from Dr. Boldry dated the November 21st which he read, informing the Council he had made an error in stating that non-profit organizations would be charged. Following a discussion Harry Richter made a motion that the third reading of Ordinance #110303 is by Title only. Gary Sriver seconded this motion. Motion carried 7-0. Chris read, Ordinance #110303, Amendment to Ordinance #110501, dated November 5, 2001. Ordinance #110303 Amendment to Ordinance #110501, dated November 5, 2001 Passed 6-0 THE FULTON COUNTY HEALTH DEPARTMENT IS RECOMMENDING THAT THE COUNTY COMMISSIONERS OF THE COUNTY OF FULTON, INDIANA, APPROVE A PROPOSAL INITIATED BY THE FULTON COUNTY BOARD OF HEALTH TO AMEND THE TEXT OF THE FULTON COUNTY HEALTH DEPARTMENT FEE ORDINANCE AS ATTACHED. WHEREAS, The Fulton County Board of Health did meet on October 28,2003 at 12:15 P.M. hold a legally advertised public meeting on amendments to the text of the Fulton County Health Department Fee Ordinance; and WHEREAS, These amendments were initiated by the Fulton County Board of Health; and WHEREAS, said request did propose that said fee schedule be amended as attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, That the Fulton County Board of Health certifies that said commission makes a favorable recommendation to the County Commissioners of Fulton County, Indiana, that the attached ordinance amending the text of the fee schedule be adopted. Michael A. Boldry, D.D.S. President, Health Board M. J. Brubaker, D.O. Health Officer EXHIBIT A Disposition of Fees. All fees collected by the Health Department pursuant to this Ordinance shall be transferred to the Fulton County Health Fund. Fees for Other County Health Jurisdictions. Fees collected for health services and records provided to persons in other county health jurisdictions and involving payment from Fulton County tax revenues shall be collected in accordance with agreements entered into pursuant to Indiana Code Section 16-20-1-8. 5. FEE SCHEDULE. The following Fee Schedule is established and approved for the services and records provided by the Health Department: Environmental Health Services: Service Amount__________ Septic System Permit $20.00 Temporary Food Permit $20.00 Food Permits $25.00 Water Samples $00.00 Nursing Services: Vaccines $00.00 TB Skin Testing $00.00 TB Medication $00.00 Vital Records Services: Birth Certificates $ 4.00 Death Certificates $ 5.00 Coroner Continuing Education Fee $ 1.00 Genealogy $ 5.00 Time For Mail Search $ 2.00 Time For Extensive Copying $ 0.00 Affidavits Certificates (Includes Birth Certificates) $10.00 Notary Public (not concerning Office business). $ 3.00 6. MAXIMUM FEE SCHEDULE. The fees set forth in this Ordinance are maximum fees. Specific fees charged shall be determined by and limited in accordance with any applicable State and Federal laws, rules, and regulations pertaining thereto. In addition, specific rates charged shall be governed by any applicable sliding fee scales adopted by the Board of Health which are based upon the persons financial ability to pay. 7. REPEALING EFFECT. All fee schedules and terms and provisions of any ordinances adopted heretofore which are inconsistent with the terms and provisions of this Ordinance are hereby repealed. 8. EFFECTIVE DATE. This Ordinance shall become effective on ORDAINED AND ADOPTED this _____ day of _____________,2003. BOARD OF COMMISSIONERS OF THE COUNTY OF FULTON, INDIANA By____________________________ By____________________________ By____________________________ EXAMINED AND APPROVED THIS ____DAY OF __________2003. FULTON COUNTY COUNCIL By___________________________ By___________________________ By___________________________ By___________________________ By___________________________ By___________________________ By___________________________ Attest: ___________________________ Denise J. Bonnell Fulton County Auditor Following the third reading David Helt made a motion to approve Ordinance #110303, Amendment to Ordinance #110501, dated November 5, 2001. Jim Widman seconded this motion. Motion carried 7-0. Meeting Change Dates for January & February: The discussion of the necessity for these changes resulted in a consensus to set the following meeting dates: Monday, January 5, 2004, 8:00 p.m. Wednesday, January 21, 2004 and Wednesday, February 18, 2004. The time was also discussed. Auditor Denise stated she would have the Resolution ready for the meeting on the 5th of January 2004. Sheriffs Department: Sheriff Roy Calvert presented each Council Member with information, on the overcrowding of the jail, together with pictures and information Re: Pre Engineered Modular Jail for Lease/Sale, prepared by Jeff Berlasty, Jail Commander. Sheriff Roy stated he is just seeking solutions, and keeping the Council advised of the overcrowding of the jail. He elaborated on having his Jail Commander talk with several other counties, namely: Delaware, Cass, Marshall, and Elkhart and their overcrowding problems. He also explained the Modular Jail and the costs involved. Roy said these are concrete modular units similar to the ones at Grissom. He explained this in detail. He stated this is another idea as a possible way to go; however it isnt anything permanent. The costs included delivery of the 48-bed unit, but not the hookup. There was a discussion as to where this could be positioned. The discussion continued. Roy said his thought was possibly having a Commissioner or Council Member go and see the unit or obtain more information. Roy asked the members to come over and see for themselves the situation. There was a discussion regarding, as to why it takes so long, as much as a year to have a sentence rendered. It was noted there seems to be a breakdown in the Justice System. This was discussed. The suggestion that a committee be formed to look into this situation was discussed as a possible partial solution. The double bunking was mentioned and Roy said there are people coming the 12th of this month to investigate this and invited the Council to come in, at that time. Roy explained this investigation. The lock problem was again discussed, which Roy explained. The discussion continued on the overcrowding and a solution. Employee Reduction: Commissioner Richard Powell stated with finances as tight as they are, that one of the tools that they could use to control some of the Counties finances were the number of employees. He stated they have conducted a long, hard study with the employees in each office. He continued to explain. As a result Rich said they have two recommendations to make to the Council. The first recommendation is to cut, is one (1) position in the Surveyors Office, which he explained in their findings. He said that position would be left up to the Department Head. He stated that cutting one employee, including the benefits which are available could result in a $35,000.00 to $40,000.00 savings yearly. The seconded position was the Maintenance Position. He explained how this position has changed from the original intent, as we now have a Cleansing Service for the County Office Building; also, a Cleaning Service for the Courthouse. The heating and cooling system being very complicated requires outside help in the maintenance. The Commissioners thinking is that eliminating that full time position and filling it with two part-time positions. This would also help cover vacations and the weekend activities. This would eliminate the benefits, a savings of $14,000.00 yearly. Rich said there are duties; i.e., ordering supplies, etc., that would have to be changed. Rich stated that was their recommendation to the Council, cut one position and restructure the other. There was discussion on the amount of outside help required for the maintenance. Joe Morrow proceeded to inform the Council of the work he was hired to do, as well as, what he actually does. There was a discussion on using part-time help and savings involved. Harry raised the questions, were the Commissioners here just informing the Council or are they asking the Council to do something? Rich stated the Commissioners are recommending the Council to approve this. There was a discussion as to the Council having the authority over the Staffing Personnel. Rich referred to the State Statute, IC-36 2-5-3, which Chris read. This was discussed thoroughly. Harry Richter made a motion that this discussion on Staffing Personnel be tabled until the Councils January Meeting. Earl Gaerte seconded this motion. Motion carried 6-0. Harry then asked regarding this involving a personnel matter, would it be possible for the Council and the Commissioners, if the State says the Council is involved, to have an Executive Meeting to discuss this? The answer was no. The Council thanked the Commissioners for looking into this situation relating to the finances. Discussion re: November 19th Article Forgivable Loan: Chris called on a member in the audience, Bob Taylor, if he had something to take up with the Council. Bob referred to an article in the November 19th, newspaper regarding an expansion funding for machines casting of $15,000.00 forgivable loan. The forgivable was his concern. Bob went on with his explanation, stating that is using his money (taxes) to fund a business, and hes opposed to giving a loan without a charge. Councilman Jim explained to Bob Taylor how/why this was done by the use of a fund called CEDIT Tax, which can only be used for Economic Development. He explained the small amount of tax money coming from the taxpayer that goes to make up this fund; as compared to the taxes that will be collected from providing the funds for this expansion. That explanation along with other comments were understood and accepted by Bob Taylor. Coroner: Coroner Jon Good presented an Additional Appropriation for $5,274.38 for Autopsy. Jon explained the change in the law that permits the County where an autopsy is ordered and performed to bill the County where the accident happens. Following a discussion Jim Widman made a motion to approve the $5,274.38 additional appropriation for autopsy. David Helt seconded this motion. Motion carried 7-0. Jon Good presented another Additional for $799.27, X-Ray & Lab also related to autopsy. Gary Sriver made a motion to approve the $799.27 additional for X-Ray & Lab. Jim Widman seconded this motion. Motion passed 7-0. Appropriation Request: Commissioners: #0101-161-3000-30 Cleaning Services $ 5,000.00 This was discussed as to whether or not this could have been a transfer; however at this time, there is not enough time to permit it. Earl Gaerte made a motion to approve this request. Harry Richter seconded this motion. Motion passed 7-0. Commissioners: #0105-213-1000-09 Reassessment Appreciation Bonus (one time salary adjustment) $ 1,625.00 This was thoroughly discussed. Following a discussion Jim Widman made a motion to amend the Salary Ordinance for the Auditor, County Assessor, Treasurer and the Rochester Township Assessor on a prorated share, for a one-time payment. Judy DeVries seconded this motion. Motion carried 5-2. Gary Sriver and David Helt opposed. Chris read the explanation on the above Appropriation Request. Judy DeVries made a motion to approve this request. Earl Gaerte seconded this motion. Motion carried 5-2. Gary Sriver and David Helt opposed. Coroner: #0101-007-3000-10 Autopsy $ 5,274.38 #0101-007-3000-11 X-Ray & Lab $ 799.27 * Note this was approved in an earlier discussion. Transfer Request: E-911 Emergency: From #1156-241-3000-23 Repairs & Maintenance $ 1,200.00 To #1156-241-1000-17 Extra Help $ 1,200.00 Judy DeVries made a motion to approve this Transfer Request. Earl Gaerte seconded this motion. Motion carried 7-0. Chris said the next transfer was tabled from last months meeting and he needed a motion to consider this Transfer Request tabled from the last meeting. Gary Sriver made a motion to consider the Transfer Request for Annex Maintenance. Jim Widman seconded this motion. Motion carried 7-0. Maintenance: From #0101-161-2000-21 Janitor Supplies $ 165.00 To #0101-161-3000-20 Telephone $ 165.00 Gary Sriver made a motion to approve the amended Transfer Request to $165.00 rather than $500.00. Jim Widman seconded this motion. Motion carried 7-0. New Business: Chris referred to a letter received from the Northern Indiana Community Foundation to the Fulton County Council referencing the Host Fees. All Council Members were given a copy. Chris reviewed the Fund Activity Report. Chris referenced a letter dated December 8, 2003, received from Judge Douglas Morton that he read aloud. The letter stated Ms. Billy Rakestraw was reappointed to the Park Board. Commissioner Powell said he was asked if the Commissioners evaluated all Offices and his response was, yes; but they did not include the County Highway Office or the Sheriffs Office. It was also noted that at the County Plan Commission Meeting last night, Akron did present their case to become part of the Area Planning Group. That will cost some dollars, but at this point, nobody knows how much. This was discussed. Gary reported on a Transportation Meeting last week and one of the things, it all has to do with the access on US 31. That is important but it is also important as far as where the Industrial Park Sign is going to be located and how many accesses we have. It is important to note this involves all the County not just Rochester and that could create some problems, which Gary mentioned. There was some discussion. Chris informed the Council of a Meeting on December 15, 2003, 7:00 p.m., at the Rochester City Building. Steven Haiflick, pastor of the Akron United Methodist will present the Sirolli Project. Chris stated he would be attending and urged other members also, as he feels there are possibilities, which he explained. Old Business: Auditor Denise Bonnell said she needed direction from the Council on the Longevity Pay. Chris stated at their last meeting they had agreed to pay the longevity and to take if from the Special CAGIT Fund. Chris said needing immediate appropriation to do so and the amount is not before us it will not be paid in this year, but will be paid next year. The Auditor said they needed to do an additional Appropriation and advertise it because the employees have gotten their first check of December and because of the timeframe involved it could not be included in that check. Denise then asked the Council once the appropriation goes through the proper channels do they want her to cut a check for each employee for that out of the payroll system or just a straight check out #176 Special CAGIT Fund. Jim Widman said it should be done through the payroll system. Denise said the amount would be around $15,000.00. The Council consensus was to go with payroll system. This concluded all the business transacted at this meeting. Judy DeVries made a motion to adjourn. David Helt seconded this motion. Motion carried 7-0. Meeting adjourned. 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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