FULTON COUNTY COMMISSIONERS March 19, 2007, 6:00 P.M., E.D.T., in Assembly Room of the Fulton County Office Building. Meeting Called To Order: Richard A. Powell called this Meeting to Order at 6:07 p.m., E.D.T. Present for this meeting were Commissioners Richard A. Powell; Roger D. Rose; Mark J. Rodriguez; Denise Chandler, Auditor; and Gregory Heller, attorney. 2007 DOT TE21Grant: Mary Ellen Lowe said that she was going to reapply for this grant. Last year the DOT ran out of money right before they got to their grant. This money in the amount of $4 million would go for Phase I of the streetscape plan consisting of sidewalks, planters, streetlights, banners. There is $200,000 in matching funds in the community. The Board will prepare a letter of support. Highway Department: Superintendent Scott Tilden presented to the Board Permits #02-07, 03-07, 04-07, and 05-07 from Rochester Telephone Company. The four permits total 105,600 feet to rebuild RTC’s rural fiber with no road cuts. Scott recommended Permits #02-07, 03-07, 04-07, and 05-07for the Boardss approval. Roger Rose moved to approve Permits #0207, 03-07, 04-07, and 05-07as recommended by Scott. Mark Rodriguez seconded this motion. Motion passed 3-0. Tilden presented to the Board Permit #06-07 from Irving Material, Inc. He said they need to install a 36-inch corrugated metal pipe approximately 14 feet below the road on County Road 100 South approximately an eighth of a mile east of County Road 600 West. This would involve a maximum of a one-week road closure. He said IMI will pay all costs to do this and get the road back into shape and install a structure to remove surface water from the road. Scott recommended Permit #06-07 for the Board’s approval. Mark Rodriguez moved to approve Permit #06-07 as recommended by Scott. Roger Rose seconded this motion. Motion passed 3-0. Tilden reminded the Board that there will be a bid letting for asphalt at 10:00 a.m. on Friday, March 23, 2007. He said that on Thursday he and someone from EMA would be attending an applicants’ briefing on reimbursement for some of the costs for the snow emergency on February 12 through 14. Tilden and the Board discussed the conditions of the roads after this winter and the potential costs to repair. Sheriff Department: Sheriff Walker Conley said he checked the bids and all meet the specifications requested. He would prefer to go with the Ford bids at a lower cost for the two 2007 Explorers and the used 2004 Ford Taurus. The 2004 Ford Taurus with 30,179 miles costs $9,500.00 including lifetime oil changes. This is $500 less than he estimated for the used vehicle he wanted to purchase. Rochester Ford offered 2007 Ford Explorers for $24,475.40, including set up fee and less $3,500 for the trade in of the 2002 Ford Explorer, $2,000 for the 1999 Ford Explorer or $1,300 for the 2004 Crown Victoria. Roger Rose moved to purchase two 2007 Ford Explorers and the used 2004 Ford Taurus and trade in the old vehicles. Mark Rodriguez seconded the motion. Motion carried 3-0. Richard Powell read Ordinance #022007 for its third and final reading by title only. ORDINANCE #022007 AN ORDINANCE ESTABLISHING FEES FOR WEEKEND RELEASE AND WORK RELEASE WHEREAS, inmates at the Fulton County Jail are permitted to serve their jail sentences on weekends pursuant to the Courts’ sentencing orders; and WHEREAS, I.C. 11-12-5-2 authorizes the Fulton County Sheriff to establish a program whereby persons who have been committed to the Fulton County Jail on a conviction of a crime or adjudication of contempt to be temporarily released from custody to work; and WHEREAS, the temporary release from custody for work or weekend incarceration imposes a burden upon the jail staff and incurs additional time and expense to the Fulton County Jail; and WHEREAS, the Fulton County Board of Commissioners and Fulton County Council desire to establish fees for weekend incarceration and temporary release for work. NOW, THEREFORE, IT IS HEREBY ORDAINED by the Fulton County Board of Commissioners and the Fulton County Council to establish the following fees for weekend incarceration and for temporary release for work: Section 1. That an inmate shall be charged twenty dollars ($20.00) for each day that an inmate is temporarily released from custody pursuant to a work release program established by the Fulton County Sheriff. a. Participants in the work release program, residing in the work release facility, shall pay a minimum weekly fee of $100.00 b. For an inmate who lives and works outside of Fulton County, a non-refundable user fee of $200.00 will be assessed for those participants serving a period of less than 180 days and a one-time fee of $400.00 will be assessed for those serving a term greater than 180 days. Section 2. That an inmate shall be charged twenty dollars ($20.00) per day for each day served for weekend incarceration. For purposes of this section, per day shall be defined to mean each 24- hour period irrespective whether an inmate is incarcerated for the full 24-hour period. Section 3. That said fees shall be paid by the inmate prior to beginning weekend incarceration and/or paid prior to acceptance into the work release program. Section 4. The Commissioners recognize that flexibility is required and that deviation from the fees may be appropriate in the interest of fairness and justice. Therefore, either the Sheriff or the Director of Work Release shall be authorized to deviate from the fees if either believe it to be appropriate. Any and all deviations should be recorded and included in the annual report to the Commissioners. Section 5. effect. That this repeals any existing Ordinance that might be in Section 6. That in the event any section, clause or portion of this Ordinance shall be declared invalid by any Court, the remaining portions or sections shall remain in full force and effect. Section 7. That this Ordinance shall be in full force and effect upon the passage and publication as provided by law. ORDAINED and PASSED by the Board of Commissioners of Fulton County this __________ day of _____________, 2007, by a vote of _____ yes and _____ nays. Fulton County Board of Commissioners __________________________________ Richard A. Powell __________________________________ Roger D. Rose __________________________________ Mark J. Rodriguez ATTEST: __________________________________ Denise J. Chandler, Fulton County Auditor Dated this ______________ day of ______________, 2007. Fulton County Council __________________________________________ James Widman __________________________________________ Judith DeVries ___________________________________________ Earl Gaerte _____________________________________________ Michael Gearhart ______________________________________________ David Helt _______________________________________________ Christopher Sailors ________________________________________________ Gary Sriver ATTEST: __________________________________ Denise J. Chandler, Fulton County Auditor Roger Rose moved to adopt Ordinance #022007, AN ORDINANCE ESTABLISHING FEES FOR WEEKEND RELEASE AND WORK RELEASE. Mark Rodriguez seconded the motion. Motion carried 3-0. Conley presented a report of collections for the money collected in January. Wayne Township Planning Grant Public hearing: Richard Powell turned the meeting over for the public hearing for public input for application for a planning grant to determine the needs of the Wayne Township Fire Station/Wayne Township Community Center. A citizen described problems regarding the two newest trucks having problems fitting into the station. She said they also need a handicap accessible restroom. He said the total cost of the project would be $8,640, of which the township would be providing $864.00. After hearing minimal comments and questions, Roger Rose moved to close this hearing. Mark Rodriguez seconded the motion. Motion carried 3-0. Richard Powell read Resolution #031907. RESOLUTION #031907 RESOLUTION OF THE COUNTY COMMISSIONERS OF THE COUNTY OF FULTON, INDIANA AUTHORIZING THE SUBMITTAL OF THE CDBG PLANNING GRANT APPLICATION TO THE INDIANA OFFICE OF COMMUNITY AND RURAL AFFAIRS AND ADDRESSING RELATED MATTERS. WHEREAS, the Commissioners of the County of Fulton, Indiana, recognizes the need to stimulate growth and to maintain a sound economy within its corporate limits; and WHEREAS,the Housing and Community Development Act of 1974, as amended, authorizes the Indiana office of Community and Rural Affairs to provide grants to local units of government o meet the housing and community development needs of low- and moderate-income parsons; and WHEREAS,the County of Fulton, Indiana, has conducted or will conduct public hearings prior to the submission of an applicaton to the Indiana Office of Community and Rural Affairs, said public hearings to assess the housing, public facilities and economic needs of its low and moderate-income residents: NOW, THEREFORE BE IT RESOLVED by the Commissioners of Fulton County, Indiana, that: 1. The President of the Fulton County Commissioners is authorized to prepare and submit an application for grant funding to address Planning needs of the Wayne Township Fire Station/Community Center and to execute and administer a resultant grant including requisite general administration and project management, contracts and agreements pursuant to regulations of the Indiana Office of Community and Rural Affairs and the United States Department of Housing and Urban Development. 2. The County of Fulton, Indiana, hereby commits the requisite local funds in the amount of Eight Hundred Sixty-four Dollars ($864.00) in the form of funds to be provided by Wayne Township, as matching funds for said program, such commitment to contingent upon receipt of CDBG funding from the Indiana Office of Community and Rural Affairs. Adopted by the Commissioners of the County of Fulton, Indiana this 19th day of March, 2007. SIGNATURE: ________________________________ Richard A. Powell, President Fulton County Commissioners ATTEST: ____________________________________ Denise J. Chandler, Auditor Roger Rose moved to approve Resolution #031907 authorizing the submittal of the CDBG planning grant application to the Indiana Office of Community and Rural Affaris and addressing related matters. Mark Rodriguez seconded the motion. Motion carried 30. Recess at 7:20 p.m. Reconvene at 7:30 p.m. Clerk: Letty McKee requested approval of the polling sites. Richard Powell read Resolution #031907. RESOLUTION #031907-A POLLING SITES FOR THE 2007 PRIMARY AND GENERAL ELECTIONS PRECINCTS Rochester Precincts 1, 2, 3 Rochester Precincts 4, 5 Faith Outreach Churck 1129 E. 9th St., Rochester Wynnfield Crossing 1729 Wabash Ave., Rochester The Fulton Count Election Board requests the approval of the above-mentioned polling places for 2007. Primary election to be held on May 8, 2007. General election to be held on November 6, 2007. Fulton County Election Board Fred Bohm Gregory Brash Letty McKee Approved this 19th day of March, 2007. ___________________________________ Richard Powell ___________________________________ Roger D. Rose ___________________________________ Mark Rodriguez Attest: ___________________________________ Denise J. Chandler, Fulton County Auditor Roger Rose moved to approve Resolution #031907-A. Mark Rodriguez seconded the motion. Motion carried 3-0. McKee also reported that she needs to provide legal notice of changing of boundaries to correct precincts. E911: E911 Director Steve Reese discussed the system that allows the police, fire and EMS to communicate on the east and west side of the county with the dispatch. The Communications Board would like to see the tower site removed from the old position to the new fire station to prevent upcoming problems and costs at the current site. Treasurer: Judy Reed said she is looking for a different company to handle the credit card payments of taxes. She introduced Christy Mehrlich of Certified IT to explain its program. She said this company provides the tax statements online for payment by credit or debit card. She said the system currently in place only allows for a place to enter a parcel number and credit card number. Certified IT allows a tax payer to search for the correct parcel and shows the amount due. There is a service charge to the tax payer of 2.75% of the tax bill. She said there is a charge by the credit card companies. The money is electronically transferred to the Treasurer. There is a one-time fee to the County of $1500 to get the data online and a $500 annual maintenance fee by a third party company. There was some confusion about these charges. Judy and Certified IT will check on having these charges waived. Judy also needs to check on the contract with the current provider before entering into another contract. This will be tabled until the next meeting to research the current provider’s contract and the $1500 and $500 fees. Commissioner Meeting Minutes: The minutes of the February 21, 2007, Board of Commissioners special joint meeting with the County Council were reviewed. Roger Rose moved to approve the minutes of the February 21, 2007, joint meeting as presented. Mark Rodriguez seconded the motion. Motion carried 3-0. Spectra Energy Data Sharing: Denise explained that Spectra Energy requested Fulton County’s GIS mapping information for a pipeline that is being put in Fulton County. WTH provides that information in electronic form per an agreement. She presented an Electronic Map Data Application Agreement. Roger Rose moved to approve the agreement to allow Spectra to have access to the electronic data per our agreement. Mark Rodriguez seconded the motion. Motion carried 3-0. Transfer Requests: Advisory Plan Commission From 31102 Mileage To 31012 Service & Supplies Highway Dept.: From 702-22500-000-531 To 702-22201-000-531 $ 120.00 $ 120.00 Stone, gravel & aggreg. $3,768.72 Calcium Chloride $3,768.72 These transfer requests were reviewed and approved. Claims and Payroll: The Commissioners reviewed Payroll and all Claims and signed them for payment. New Business: Roger Rose moved for the early release for the maintenance engineer from the probationary period at the end of this pay period, which is this coming Friday, March 23, 2007. Mark Rodriguez seconded the motion. Motion carried 3-0. The Board also discussed the problem of the lower pay in this position, as those in this position tend to move to the highway department for a higher pay. Roger Rose moved to increase the pay for this position to $14.20 per hour. Mark Rodriguez seconded the motion. Motion carried 3-0. The Board discussed the fact that the tipping fees are decreasing and there isn’t enough even to make the bond payments and to distribute to the taxing units in April. The Board isn’t sure if it’s the Council’s intention to end the distribution for good or just for this coming distribution. It is felt that the wisdom of distributing the money in the fashion it has been in the past needs to be reevaluated. Denise presented the Covered Bridge Certification for signatures. The Board reviewed the Weights and Measures monthly report. Richard Powell said that the Board gets a lot of questions about the history of the Courthouse. He asked if there was a possibility of a college student/intern compiling this information into a booklet. It was suggested to use tourism money for it, to have the Historical Society do it, to contact a university to have a college student do it. It was decided to work with the Historical Society to find the proper approach and use some tourism money if necessary. Richard will contact the Historical Society. Old Business: Denise presented a letter to Senator Bayh for signatures. This letter makes the Senator aware of the situation with the Mount Zion dam. Roger Rose noted that the survey for the Mount Zion bridge/dam shows that there is a deed overlap and a need to have the small portion deeded to the County, as well as the portion owned by Rain Creek Corporation. Roger made contact with the owner. Greg Heller said he will get deeds drafted for the transfer of ownership of the dam to the County. Denise presented a memo that was distributed to all departments regarding cell phones. It asks for a list of County cell phones in each department, provides a copy of the policy, and asks the department heads to certify each month that there are no personal calls on the billing statements. Another memo distributed defines the policy for county owned or leased vehicles. Roger Rose noted that he has a teleconference scheduled with Jim King and IDEM regarding closure requirements for the Old County Line Landfill. Richard Powell said that Atlas is coming March 20, 2007, to repair the valleys in the Courthouse roof. This concluded the business of this meeting of the Fulton County Board of Commissioners. Roger Rose moved to recess this meeting at 9:30 a.m. Mark Rodriguez seconded this motion. Motion carried 3-0. FULTON COUNTY BOARD OF COMMISSIONERS ___________________________ Richard A. Powell, President ___________________________ Roger D. Rose, Vice-President ___________________________ Mark J. Rodriguez, Member Attest: __________________________________ Denise J. Chandler, Fulton County Auditor Note: (tapes of this Commissioners Meeting are filed in the Auditor’s Office).