FULTON COUNTY COMMISSIONER MEETIN
January 5, 2004, 9:10 A.M., E.S.T., in the Assembly Room of the Fulton County Office
Election of Officers:
Present for this meeting were Commissioners Richard A. Powell, Roger D. Rose and
Leslie R. Walters; also, County Attorney Greg Heller and Auditor Denise J. Bonnell.
Auditor Denise Bonnell was in charge of the election of officers for the County
Commissioners for the year 2004. She called for the nominations for president. Roger
Rose nominated Richard Powell for President. Leslie Walters seconded the nomination.
Motion passed 3-0. Denise then turned the meeting over to President Richard A. Powell
to continue with the election. Rich called for nominations for Vice-President. Leslie
Walters nominated Roger Rose for Vice-President. Richard Powell seconded the
nomination. Motion passed 3-0. Roger D. Rose will be the Vice-President for the year
2004. Auditor Denise J. Bonnell, by State Statute will serve as Secretary to the Board.
Superintendent Scott Tilden reported that the Highway Crews were salting the
intersections, curves, hills, along deep ditches and ravines; also, some of the main
traveled roads are being completely done.
Scott reported the Salt Building, which consists of a salt and sand mixture, has probably
500 tons. He stated they started the Season with 215 ton of salt mixed with the sugar
extract, which he explained; also they still have ninety percent of that left.
Scott said this is the day to open the RFP’s for Bridge #2; as the Board had requested,
invitations to bid, were sent to the following six (6) Engineering Firms, DLZ, American
Consulting, Condgon Engineering, Janssen and Spaans, Strand and Pyramid.
Scott said he would like to open the Bids for Bridge #2 Inspection with the award to be
made at the Commissioners next meeting that of January 20th 2004. Scott stated that
would give the Board approximately fifteen days to go over the bids.
President Rich Powell opened and read aloud the following Bids received. Rich
explained that these are professional bids, no figures, and must be gone over and studied,
by the Board and Attorney. Roger Rose made a motion that the Board accepts all legal
RFP’s submitted for the construction inspection and review of Bridge #2 at Leiters Ford
and takes these under advisement. Leslie Walters seconded this motion. Motion passed
3-0. The award will be made at the January 20th 2004 Commissioners’ Meeting.
Scott reported good news on Bridge #2, the Revised Memorandum of Agreement that
was sent. The original had the Plymouth Park Department taking the bridge that did not
go through. The Revised Memorandum, part of Section #106, where the County will
store the bridge for five (5) years is now completed with all required signatures. LaPorte
County Parks may be interested in this bridge; also, Scott said INDOT has approved a
Transportation Enhancement Fund for the relocation of this bridge totaling $155,000.00.
This was discussed. Scott reported the Bridge Letting to be March/April 2004.
Scott presented a letter to the Board, requesting permission from the Board to place
riprap on the spill slopes on bridges, #44, #45, #106, #156 and #159. The proposal from
Wirtz & Yates of Kentland, Indiana, for the five bridges includes $37,500.00 for labor, an
estimate of $7,500.00 for riprap, for a total of $45,000.00; also, there is a Structure
Inventory and Appraisal Report for each of these bridges. This was discussed and Scott
answered the Boards questions. Scott said the Phase II Re-inspection would be in 2004;
therefore, he would like to get this project started soon. Roger Rose made a motion for
the County Highway Department to enter into a contract with Wirtz & Yates of Kentland,
IN., to install riprap on bridges #44, #45, #106, #156 and #159 and to address
deficiencies in these particular bridges, total cost of the five bridges being $45,000.00.
Leslie Walters seconded this motion. Motion passed 3-0.
Nyona Lake Access:
Property owner Connie Smith said she had attend the previous meeting and was
interested to know what progress had been made and what was going to be done with the
piece of property on North Lake Shore Drive, that is called a “Public Landing” at this
Attorney Heller said he was doing research on this strip. He said the records show that a
strip 35 X 118 was dedicated to the public back in 1982. Attorney Heller said there was
no question that happened; however Ken Roe has come to the Commissioners and wants
to know if the County would go ahead and make that a Public Access Site and that is
where things are at the moment. Attorney Heller said what he was looking into was to be
sure that a dedication to the public is the same thing as a public access site and he
continued to explain. What was the intent when that strip was dedicated to the public?
That he stated he could not answer at this time; however, noting when it was done, it is
possible for some of the grantors to be alive, and he went on to explain. Now, depending
on the answer was it or was it not the intent of the grantor to make this a public site; also,
regarding the effect the sewage system would have on this site.
Back in 1978 Mr. Roe and his wife were served with a Summons and he gave Attorney
Heller a copy. This stated the owners of Lots #29, #30, #31 and #32, which is adjacent to
the Nicholson First Addition, part of the Nicholson 2nd Addition and part of the
Nicholson 3rd Addition, sued Ken Roe and his wife for “easement rights”. He explained
this and said the end result of this suit was the dedication of this property; also, everyone
named in this Lawsuit already had land on the lake, or “access to the lake”. He said
Attorney Robert “Bob” Peterson had handled this case.
Following this discussion Attorney Heller stated he would like to review the lawsuit and
talk with Attorney Peterson, as well as, look into the status of this sewage system before
making any final statement. The concensus of the Board and Attorney Heller was to
place this on the Agenda for the Commissioners’ Meeting February 2nd 2004.
Inspector Gary Madlem said that regarding Sue Fair’s property she has made good
progress and he had pictures to show the Board, which he said Casi Cramer had taken in
November and Gary took some in December 2003. This was discussed. The condition
of the house was discussed. Attorney Heller said as far as jurisdiction on the house, if it
is in a safe condition, not posing a health threat to the public, then we do not have much
jurisdiction over that. The other building has to be finished, after that she has to go
through the BZA and get a permit to put the building on the slab. Gary suggested that
she be given until February 1st 2004 for completion. Attorney Heller said officially today
we are continuing the hearing until February 2004. Roger Rose made a motion to
continue the Sue Fair’s Hearing until the Commissioners’ Meeting February 2nd 2004.
Leslie Walters seconded this motion. Motion passed 3-0.
Rex Jones with WTH Engineering stated he stayed to say “hello” since Mike Bush is ill
and they cannot execute the contract today. The consensus of the Board was to include
Rex Jones on the Commissioners’ Meeting, January 20th 2004.
Clerk Karen Miller presented Appropriation Requests for Precinct Board Inspector
$1500.00, Precinct Board Judge $2140.00, and Precinct Board Clerk $2140.00. Karen
explained in detail what had happened and answered questions. Following Karen’s
explanation the consensus of the Board was agreeable to the requests.
The Board had a short recess at this time.
Following a discussion Roger Rose made a motion to appoint Linda Herd to the Board of
Zoning Appeals. Leslie Walters seconded this motion. Motion passed 3-0. The Board
expressed their appreciation for this service. Roger Rose will write the “Thank you” to
Joe Wagoner, Kewanna, IN. in behalf of the Commissioners.
Annual Appointments for 2004:
The Commissioners reviewed the list of current Appointment that expired December 31,
2003. The following appoints were made.
Advisory Plan Commission 1 yr term Roger Rose
Alcoholic Beverage Board 1 yr term Ed Gray
Animal Warden 1 yr term Gene Baker
Arrow Head Resource Dev. Con. 1 yr term Thomas Smith
County Attorney 1 yr term Greg Heller
Fulton County Aviation 4 yr term James Wagoner
PETA BOA (1-Rep & 1-Dem) 1 yr term Robert Leavell
Bldg & Flood Plan Insp. 1 yr term Gary Madlem
Citizen’s Cemetery 1 yr term Sammy Stephens
Emergency Management 1 yr term Susan Griffith
1. Fulton County Res. 1 yr term Ron Riggle
2. Commissioner 1 yr term Leslie Walters
Ofc Bldg/Courthouse Maintenance 2 months Joe Morrow
FEDCO 1 yr term Roger Rose
County Highway Superintendent 1 yr term Scott Tilden
Asst. Co. Highway Superintendent 1 yr term Mike Clark
County Highway Clerk 1 yr term Julie Kline
Hazardous Substance Committee
1. Commissioner 1 yr term Leslie Waters
Fulton Co Hospital EMS
1. Commissioner 1 yr term Richard Powell
2. Fulton Co. Res. 1 yr term Randall Leininger
3. Fulton Co. Res. 1 yr term Susan Williams
L.E.P.C 1 yr term Leslie Walters
Private Industry Council 1 yr term Leslie Walters
Public Defender Commission 1 yr term David Clauson
R.E.A.L. 1 yr term Leslie Walters
Following the review and discussion regarding each of the above appointments, including
length of term/service, it was the consensus of the Board of Commissioners that the
above list is active for 2004. Leslie Walters made a motion that the above list just
appointed for the appropriate office be in force for the respective term. Roger Rose
seconded this motion. Motion passed 3-0.
#0101-062-1000-30 Precinct Board Inspector $ 1500.00
#0101-062-1000-31 Precinct Board Judge $ 2140.00
#0101-062-1000-33 Precinct Board Clerk $ 2140.00
Cagit Special Distribution
#0176-000-1000-13 Employee Longevity Pay $15000.00
Cum Bridge Fund
#0790-196-4000-01 Bridge Dump Truck $32751.00
#0101-009-3000-91 Seminar Fees $ 500.00
All the above Appropriation Requests were approved and signed
#2391-214-4000-09 Airport Improvement Grant $39000.00
#0101-001-2000-10 Office Supply $ 83.85
#0101-001-3000-71 Postage Machine Rental $ 555.00
#0101-003-1000-19 Extra Help $ 703.00
#0101-201-3000-64 Software Maintenance $ 2046.00
#0702-533-2000-21 Gas, Oil, Lube-Good Oil $ 791.00
#0702- 533-2000-21 Gas, Oil, Lube-F.B. Coop $ 10195.93
#0702-531-2000-27 Bituminous-Phend & Brown $ 109.00
#0702-531-3000-39 Other Chgs-Woodlawn Med $ 720.00
#0702-531-2000-26 Culvert-Debco Metal Culvert $ 133.89
#0702-533-3000-51 Repair Bldg&Equip-Hostetler $ 97.50
#0702-533-3000-51 Repair Bldg & Equip-Lawson $ 110.50
#0702-533-3000-51 T&T Rental-Repr Bldg.& Eq $ 111.45
#0702-530-2000-26 Ofc. Supplies-Boyce Forms $ 126.50
#0702-530-2000-26 Ofc. Supplies-Bartons $ 7.94
#0702-530-2000-26 Ofc. Supplies-Walmart $ 152.48
#0702-531-2000-22 Calcium Chloride-Morton Salt $ 140.00
#0702-531-2000-25 Stone, Gravel-Irving Materials $ 52.00
#0702-531-3000-60 Repr. Bldg & Equip-Waste Mgm $ 59.68
All the above Encumbrance Requests were approved and signed.
Rich reported he had contacted the Car Dealers on the finance options, regarding the
vehicles for the Sheriffs’ Department and most of them said, since it is a municipal type
bid, the County does not qualify for special financing, because of the Government
discounts already given. Rich said it looks as though it would be bank financing.
Attorney Heller said he had reviewed the Bids and at this time; they were all fine; Greg
gave the Original Bids back to the Auditor. Attorney Heller informed the Board his
review of the bids is to make sure the bids, fit the bid process; as for the specifications,
that is left up to Sheriff Roy Calvert altogether. Auditor Denise stated that Sheriff
Calvert has gotten copies of all bids, following the meeting; therefore, he has copies that
he can check all the specifications.
Rich stated he wanted it to be clear; that no cars are to be ordered even after the award is
made until the financing has been arranged. The amount then can be determined on how
much the loan proposals will be for. This was the concensus of the Board; also, put on
the Agenda for the January 20th 2004 Commissioners’ Meeting will be the awarding of
the bids and discussion of the financing.
Roger said for discussion the proposal received from WTH-Shared Engineering Program,
what’s the thought? Rich said he feels the $27,500.00 is too much and would rather work
on an hourly basis. Roger said he feels it is an existing need, for engineering. The
consensus was to discuss this when Rex Jones comes back. Roger said he would look
into it further and be ready for the discussion.
Rich asked Denise what her thought was on their being in their office on Wednesday.
She said it is very helpful to her and for the public to know when one of the
Commissioners would be present and was glad they plan to continue their schedule.
Rich said regarding the personnel issues, he asked Attorney Heller. Attorney Heller said
he would get with Ted Waggoner and it will probably be an amendment to the Salary
Ordinance. This will be on the Agenda for the January 20th 2004, Commissioners’
Rich read Resolution #0110504.
A RESOLUTION OF THE COUNTY COMMISSIONERS OF THE COUNTY OF
FULTON, INDIANA ESTABLISHING MEETING TIMES FOR 2004.
WHEREAS, the Fulton County Board of Commissioners have established that they will
meet on the first Monday of each month at 9:00 A.M., E.S.T., and the third Monday of
each month at 6:00 P.M. E.S.T., unless that Monday falls on a County Observed Holiday,
then the meeting will be held on the first Tuesday at 9:00 A.M., E.S.T., or the third
Tuesday at 6:00 P.M., E.S.T., of that month in the Assembly Room in the new Fulton
County Office Building.
WHEREAS, the Commissioners of Fulton County have established meeting times as set
out under Indiana Code 36-2-2-6.
NOW THEREFORE, Be it resolved by the Fulton County Commissioners that:
1. The Fulton County Board of Commissioners has established that they will meet
on the first Monday of each month at 9:00 A.M., E.S.T., and the third Monday of
each month at 6:00 P.M., E.S.T., unless that Monday falls on a County Observed
Holiday, then the meeting will be held on the first Tuesday at 9:00 A.M., E.S.T.
or the Third Tuesday at 6:00 P.M., E.S.T., of that month, in the Assembly Room
in the new Fulton County Office Building.
2. Other meetings will be scheduled and a public notice will be given.
Adopted this 5th day of January 2004.
FULTON COUNTY BOARD OF COMMISSIONERS
Denise J. Bonnell, County Auditor
Roger Rose made a motion to approve Resolution #010504. Leslie Walters seconded this
motion. Motion passed 3-0.
The Board reviewed the report submitted by Richard Bair, Service Officer. The Board
commented on the fine job he is doing.
This concluded all the business transacted. Roger Rose made a motion to recess. Leslie
Walters seconded this motion. Motion passed 3-0. Meeting recessed.
FULTON COUNTY BOARD OF COMMISSIONERS
Richard A. Powell, President
Roger D. Rose, Vice-President
Leslie R. Walters
Denise J. Bonnell, County Auditor