FULTON COUNTY COMMISSIONERS MEETING
April 7, 2003. 9:07 A.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 9:07 a.m., E.S.T. Present for
this meeting were Commissioners Richard A. Powell, Roger D. Rose and Leslie R.
Walters: also, Auditor Denise J. Bonnell. County Attorney Greg Heller arrived at 9:50
a.m.
Friends of the Nickel Plate:
Before the discussion Roger Rose stated it was brought to his attention that controversial
items of discussion, should be advertised. He explained the situation and why this topic
had not been advertised. He also stated that a group named Friends of the Nickel Plate
will be present at the next Commissioners Meeting. Auditor Denise Bonnell, confirmed
that she will advertise for publication on the agenda that at the April 21, 2003
Commissioners Meeting, “Friends of the Nickel Plate” will be officially on that
Agenda. Today will be just information, discussion and no decisions or action will be
taken at this time.
Richard Vonnegut spoke on behalf of “Indiana Trails Fund, Inc. He stated that the
Indiana Trails Fund, Inc. recorded their deed in March of 1999 when they acquired the
line and has been on the record since that time. They have also paid taxes on the line
since that time totaling $357.00. He stated his business card was in the packet he is
leaving with the Board and can be contacted at any time by telephone or e-mail.
Mr. Vonnegut went on to say that when they acquired the line they proceeded to “Rail
Bank the Line”, explaining how they used a Federal Law. He said nothing has been
changed with that line, they were able to take out the rails, but it is still a dedicated
corridor. He stated that the information is all contained in the packet.
Mr. Vonnegut told of his placement of gates last fall and at that time talked with a couple
of neighbors and hopes, eventually, to talk informally with all. He further stated that the
“Friends of the Nickel Plate” have been holding meetings for the last three years on the
last Wednesday of each month at the Bunker Hill Town Hall at 7:00 p.m. and anyone is
welcome. He spoke of zoning and said he has already talked with Director, Casi Cramer.
Following this presentation there was a question and answer period. Bill Click, a
member of the Miami County Council, spoke of how they control the open portions of
the line in Miami County, with permission forms. Mr. Vonnegut said they would
continue to post signs and install gates this summer. Dr. Don Musselman, a dentist at
Denver, gave the Board pictures of the Denver portions of this trail that he has been
involved with. He told of people walking on the trail instead of the highway and also
how it is possible to apply for grants to restore these areas. Pam Gordon spoke stating
she is a Miami County resident and very much interested in the trail. She also works with
the Friends of the Nickel Plate and would be available if her help is needed. Pam left
with the Board Federal Information on the Trails.
Building Inspector:
Inspector Gary Madlem reported on the “Order” regarding property owned by Mark J.
and Joyce Jane Sroufe located at 1202 West 13th Street, Rochester, IN. Gary said they
will tear this building down and get rid of it. The Board gave Sroufe’s sixty (60) days to
complete the work and Gary will report back to the Board at their meeting June 2, 2003.
Sue Fair was present to inform the Board that she will have her building torn down within
sixty (60) days. The Board set June 2, 2003, Meeting for a report on this property.
Gary discussed with the Board the problem regarding Tippy Shores in Aubbeenaubbee
Township and would like to have this heard at the June 2nd Meeting of the Board and
stated he would have the landowners present.
Also, Attorney Heller will have prepared the “Agreement with Corporations”, e.g. Towns
of Fulton and Kewanna to enable them to take action on disposal of unsafe property.
This is scheduled for June 2nd Meeting of the Board.
Hearing: Zone Map Amendment:
Director Casi Cramer presented to the Board a Zone Map Amendment for Lyntech
Engineering Inc., regarding property in Athens, IN. Casi read Resolution No. #031003
and with drawings explained this in detail to the Board. The property involved is 6310
East State Road 14, Athens, IN 46912, Legal Description: PT SW 7-30-4 .85 Acres, also,
All PT S ½ of former ROW of Erie Lackawanna Railroad lying adjacent to and
immediately North of the above described real estate .92 Acres, totaling – 1.77 Acres.
Following the presentation and discussion Roger Rose made a motion to amend the said
property from a Residential Cluster District to a Village Commercial District upon the
recommendation of the County Plan Director. Leslie R. Walters seconded this motion.
Motion passed 3-0.
Highway Department:
Superintendent Scott Tilden asked that the award be made for the Pick-ups. These bids
were received and opened at 9:30 a.m., on March 21, 2003 to be awarded April 7, 2003.
Scott presented the Board with his recommendation on the vehicles. Scott reviewed, the
specifications and bidders. Scott then recommended to the Board of Commissioners the
low bid of Arone Ford, Rochester, in the amount of $31,282.80, without the trade and
without the snowplow. Roger Rose made a motion to award the pickup to Arone Ford on
their bid of $31,282.80, without the snowplow and without the trade, based on the
recommendation of the Highway Superintendent. Leslie Walters seconded this motion.
Motion passed 3-0. The Board signed the acceptance of the Bid. Scott said the estimated
time of delivery was six to seven weeks.
Scott then referred to the two-dump trucks that were also bid on March 21, 2003. He
reviewed the specifications and the bids received and the made his recommendation. He
recommended the two 2004FL-80 Freightliners from Stoops Freightliner, Ft. Wayne,
with the option Cummins engine that goes with one dump body, bid from Northern
Equipment, Plymouth, and one dump body bid from W. A. Jones. He informed the
Board of his reasoning and discussed this with the Board. Roger Rose said based upon
the recommendation of the County Highway Superintendent in regards to the dump
trucks and dump bodies he would make a motion to award the bid for the two trucks to
Stoops Freightliner as per the specifications listed with one dump body from Northern
Equipment $10,628.00 and one dump body from W. A. Jones $22,760.00 as per
specifications a listed by Scott in the total amount of $124,813.00. Leslie Walters
seconded this motion. Motion passed 3-0.
Scott presented Permit #12-76, which he stated had to go through the Drainage Board
and he has talked with the Surveyor and received his approval. The Permit tee: DeSabtine
Bros., Excavating, Inc., Winamac IN. He further explained and said he had no problems
with the permit. Following a discussion, Roger Rose made a motion to approve Permit
#12-76 per Scott’s recommendation. Leslie Walters seconded this motion. Motion
passed 3-0. The Board signed this permit.
Scott reported on the patching of the roads and said the men did a real good job and got a
lot covered in two weeks. They used three hundred tons of cold mix in the two weeks
of patching. There is more to be done.
Roger asked Scott as to the progress on the Buggy License? Scott said he had submitted
five ordinances from other counties. Did the Board want him to prepare something for
the county? Scott’s recommendation was that when the Board is ready he would work
with Attorney Heller in preparing an ordinance. It was the consensus to carry this over to
the April 21, 2003, Meeting of the Board.
Scott informed the Board that he had submitted an Appropriation from the Cum Bridge
Fund for the culvert replacement for the Whitmore Ditch in the amount of $50,000.00
Woodlawn Clinic Sale:
Rich asked for a spokesman to explain. Jeff Finke introduced himself, President of the
Kewanna Town Board. Jeff stated that when the closure of the Clinic was announced,
the town expressed their interest. Jeff stated he talked with Jim O’Keefe and the Board
was interested in selling the building to them. Jeff stated what they intend to do, is either
find another doctor to put in the building or it will be put to use as the Town Hall. Jeff
said the understanding was that before this building could be sold to them, the Board of
Commissioners must sign-off. Attorney Heller explained, this falls under hospital statues
and the requirement is different. He further stated there are only three requirements; an
appraisal done (which has been done), a notice of the sale published and the approval of
the commissioners, nothing else. Attorney Bob Peterson explained this in detail to the
Board, in as much as; it is just the sale of hospital property, not the sale of the hospital
itself. Attorney Peterson further stated this would be sold as a Health Facility or for a
Governmental use, such as the town would use it. It will not be an open sale; there will
be that limitation on it. Following this discussion Roger Rose stated, upon the
recommendation of the Hospital Board, he would make a motion to approve the sale of
the former Kewanna Medical Clinic to the Town of Kewanna at an appraised value of
$30,000.00 which represents the fair market value of the property. Leslie Walters
seconded this motion. There was continued discussion and Attorney Heller stated that
the official action the Commissioners need to take is to just approve the sale of the
building. Attorney Heller prepared Resolution #040703, for this action. Rich read the
following Resolution.
RESOLUTION
#040703
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 Kewanna
WHEREAS, the Board of Trustees of Woodlawn Hospital are the owners of a
tract of real estate in the Town of Kewanna, Indiana, upon which is located a medical
clinic, and which medical clinic the Board of Trustees have 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 Town of Kewanna has expressed an interest in purchasing said
real estate; 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 7th day of April, 2003.
_______________________
Richard A. Powell
________________________
Roger D. Rose
________________________
Leslie R. Walters
Roger Rose made a motion to approve Resolution #040703 pertaining to the sale of the
former Kewanna Medical Clinic to the Town of Kewanna. Leslie Walters seconded this
motion. Motion passed 3-0.
Rich reminded the Board there was a motion on the floor moved and seconded to approve
the sale of this building. There were no further questions or discussion on this motion.
Motion passed 3-0.
Sheriff’s Department:
Sheriff Roy Calvert asked about the ten percent (10%) bonds that Mike Anderson had
given on the purchase of the cars. It was noted they should still be with the Bids.
The Sheriff submitted his Monthly Activity Report and asked the Board if there were any
questions on the report or the claims he had submitted.
Roy said he has signed the Plumbing Contract and the parts are ordered. Auditor Denise
requested a copy of this Contract for her files.
Rich informed the Sheriff of receiving calls regarding trash and litter. Roy said he was
open for any suggestions. It was noted the State of Michigan has litter laws and they are
working. This was thoroughly discussed. Attorney Heller said before more legislation is
enacted there needs to be more public awareness and some lobbying with the judges as
far as not only in higher fines, but in terms of probation. The discussion continued. Rich
asked Attorney Heller if he would check to see what is enforced at the present time?
Rich said there would be further discussion of the litter problem at the next meeting,
April 21, 2003. Roy said there are a lot of people dedicated trying to correct this
problem, but it is a problem. Also, it was suggested to talk with both judges about the
problem and get their ideas as to a solution. Rich said he would talk with the judges
before the next meeting.
E-911:
Rob Bryant informed the Board that a dispatcher came to him stating she might like to
seek employment as a law enforcement officer and wanted to know about taking a
personal leave of absence. Shan Jolley wants to go to work for the Rochester City Police
Department as a police officer. Rob felt the Commissioners should make this decision as
nothing in the Personnel Policy defines what constitutes a personal leave. Rob stated she
has been hired by the Rochester City Police Department, also, at the present time she is
taking vacation time. They asked Attorney Heller for advice. He stated the personal
leave of absence, as it is now, is up to the discretion of the office holder or supervisor.
This was discussed and the consensus of the Board was in agreement with Attorney
Heller. Rob wanted to know just what constitutes a personal leave of absence. Auditor
Denise Bonnell stated there needs to be something in the minutes, to clearly show to the
State Board of Accounts that the Board was not in favor of accepting a job or outside
employment as a basis for a personal leave of absence. After further discussion, Roger
Rose made a motion that the County Personnel Policy should be interpreted in such a
way that seeking outside employment opportunities does not constitute a personal
leave of absence. Leslie Walters seconded this motion. The question was asked of
Attorney Heller if there needs to be a change in the Personnel Policy? His answer was
no.
The Board took a short recess.
Animal Control:
Warden Gene Baker submitted his Monthly Report for review by the Board. Gene
discussed with the Board the formulation of an ordinance regarding animal control, costs
and all that is involved. The consensus of the Board was for Gene to obtain any
information he can from surrounding counties on their animal control.
Maintenance:
Joe Morrow informed the Board that the wall in the Superior Court has problems. This
was discussed, as Joe stated nobody wants to do anything about it.
Joe stated he had received a price from Honeywell for a year contract at $9300.00. Joe
said he also contacted Herman & Getz. They did not offer a contract, but suggested that
they just fine-tune the program, and it would take care of itself; for that, they quoted the
cost at $66.00 per hour. They also stated it could be done in a maximum of 40 hours
work. Joe told the Board he thinks it can all be done in two and a half to three days. The
question was asked of Joe if this was something, which he could not do? Joe stated, yes,
this is the programming of the computer to make sure the program is correct with what’s
running and what its doing. Joe said Herman & Getz are the ones doing the Jail. They
asked Joe if the air-conditioner would be going and he replied yes. Joe said no one has
gone all the way through the program. This was thoroughly discussed and the consensus
of the Board was they should contact Spike first, as it is a new system.
Joe informed the Board that he finally made contact with Roger Long with ASI Sign
Systems. They are the ones that made the signs for the courthouse. The Board asked Joe
if they were going to make new signs to replace the first ones they made that were wrong.
Joe said it was told him it was the architect’s mistake not theirs. The Board asked how
many new signs was need and Joe replied two. ASI Sign Systems quoted $125.00 each
and shipping. The Board said this is another thing that they should check out with Spike.
Joe replied, Spike said get a price and give it to him and he would take care of it. The
consensus of the Board was for Joe to contact Spike and take care of the signs. The
Board was in agreement that instead of listing a fourth floor it should be Attic/Storage.
Roger Rose made a motion to recess for lunch. Leslie Walters seconded the motion.
Motion passed 3-0.
Richard Powell called the meeting back to order at 2:20 p.m.
Commissioners Minutes:
The minutes for Commissioners Meeting, March 17, 2003 were reviewed. Roger Rose
made a motion to approve the minutes for Commissioners Meeting, March 17, 2003.
Leslie seconded that motion. Motion passed 3-0.
Election Holiday:
Rich said he had contacted Mayor Thompson and was told the City was not having a City
Election. This was discussed and a decision needs to be made because of the courts.
After checking with the Courts and further discussion the consensus of the Board was to
leave the Holiday Schedule as is.
Additional Request:
Re-assessment:
County Assessor:
#0105-213-4000-42
Aviation:
#2101-207-4000-01
#2101-207-3000-10
#2102-206-3000-62
#2101-206-4000-44
GIS Mapping Project
$124,500.00
Property Purchase Expense
Airport Runway Project from 1999
Airport Runway Project from 1999
CEDIT-Repayment Grogg Property
$
252.00
$
643.00
$ 1,590.00
$ 80,535.00
Transfer Request:
Health Department:
From:#0807-203-3000-11
Mileage
$
60.00
To: #0807-203-3000-12
Computer/Copier
$
60.00
The Additional Requests and Transfer Requests were reviewed and signed.
Claims and Payroll:
All Claims and Payroll were reviewed and signed for payment.
Other Business:
The commissioners discussed the Grant Application for Emergency Management that
must be filed with the State by April 10, 2003. Leslie will check with Susan about the
grant applications to make sure she is getting them filed.
Roger reported on the Saturday morning meeting with FEDCO. Roger said there was
good discussion on a Business Park vs. Industrial Park based on a 30-40 year plan. He
continued to brief the Board on the discussion.
An Invoice received from PMSI Inc., was discussed. The consensus of the Board was the
Grant Fee of $500.00 for the Old Post Office is to come from #0101-068-3000-98.
Rich signed the ”Certificate of Appointment To City or County Board of Health” for
Michael J. Brubaker, D.O. and Cheryl Hizer. The Commissioners made these
appointments to the Fulton County Board of Health for the period beginning January 1,
2003 and ending December 31, 2006.
The Board discussed the chairs for the Extension Office, and the bill in the amount of
$254.95. The Board by consensus instructed the Auditor to pay this from an account in
the Commissioners’ budget.
Rich reported that Dick Bair, Veteran’s Officer, contacted him to let him know he was
doing find. Rich asked; if he wanted someone appointed to help out and he said no, leave
as is.
Rich said, Seico had contacted him regarding the Corner/Perpetuation Fund for the
Surveyor’s Office. Rich stated when he talked with Don Towne, Don told him if you
have a licensed surveyor within the County, then the qualified surveyor must do the
work. After a discussion Attorney Heller said he would do some research and report
back.
This concluded all the business transacted and a motion to recess was made by Roger
Rose. Leslie Walters seconded this motion. Motion passed 3-0. Meeting recessed at
3:18 p.m.
FULTON COUNTY BOARD OF COMMISSIONERS
_____________________________
Richard A. Powell, President
_____________________________
Roger D. Rose, Vice-President
____________________________
Leslie R. Walters, Member
Attest:
____________________________
Denise J. Bonnell, County Auditor