FULTON COUNTY COMMISSIONERS MEETING September 2, 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, Attorney Greg Heller and Auditor Denise J. Bonnell. Highway Department: Superintendent Scott Tilden informed the Board he would like to schedule a date for the Bid Letting on County Supplies and County Forms for 2004. Scott reviewed all that would be in included. Scott said routinely it has been the first Friday in November; therefore, he would like the Board to set the date, Friday, November 7, 2003 at 10:00 a.m. The consensus of the Board was for Scott to proceed with that date and time. Scott was asked about his review of the Underground Transmission Ordinance. He stated, he is working on it and plans to bring it to the next meeting. Scott said he did receive a call from an individual regarding Strawberry Lane, on Olson Road. He will be looking at that; at the same time, when he checks installation of an additional guardrail along Riverwood Acres. He explained this to the Board. Rich informed Scott that he made contact with Tom Stoffl, with DLZ, regarding the bridge at Nyona Lake. Rich said that Tom had not looked at the bridge, but he will meet with the Commissioners at the bridge later on this week. Rich will contact Tom. Rich said regarding the financing of the two 2004 F180 Single Axle Dump Trucks, two Loan Proposals were received. They are as follows: Wells Fargo Bank Fixed Rate 2.55%


Bi-annual payment f/2 yrs.

Indiana Lawrence Bank Fixed Rate 2.65% $124,813.00

semiannual payments f/2 yrs.

The Board and Scott discussed the Proposals. Roger Rose made a motion to accept the Wells Fargo Bank Loan Proposal of 2.55% fixed for 2 years in the amount of $124,813.00 for dump truck financing. Leslies R. Walters seconded this motion. Motion passed 3-0. Auditor Denise said there was a gentleman in her office concerning the Buggy License Stickers. He said he had not received any information on that and would like to have this information by Sunday, so they could pass it out at church. Scott said he had made

copies and would give them to Roger, who will get them to the people. Denise then showed the gentleman the stickers; also, gave him a copy of the Ordinance, to let him know where the stickers were to be placed. Mt. Zion Discussion: Attorney Heller said he and Scott had talked about it and were getting the information together. He said they plan to present it at the next meeting, Monday, September 15, 2003. Leiters Ford Bridge: Contractor Harvey Jackson does demolition work. He and his son are interested in the bridge at Leiters Ford. He said his understanding was 5 years is required by the State to store the bridge, and then they could scrap it out for the money. Harvey said they would not charge to store the bridge. He feels they will get the job of removing the bridge, as they have done that kind of work before. Change Holiday: Assessor Sandy Owens presented a petition from employees to exchange the Election Day Holiday for the Friday after Christmas. Sandy and Denise explained the reasons for this request. This was discussed for all County Employees. The Board reviewed the Petition. Attorney Heller will check out the Election Laws and have an answer at the next Board Meeting, Monday, September 15, 2003. PETA BOA: Sandy informed the Board there needed to be an appointment to this Board; also, it is to be a Democrat. Sandy stated she had received less than a hundred appeals. Bob Leavell is the Republican member. There was a discussion as to how often the Board meets and what is required of the member, this is a five member Board. This appointment will be made at the next Commissioners Meeting, Monday, September 15, 2003. Litter Control: Roger said this was discussed at the Solid Waste as to what would be appropriate to do. Leslie said there was a discussion regarding the use of signs along the road like they used before and maybe a billboard. Also, as a part of their program, education in the schools. Also, send a letter to the Judges and Probation asking them to be more restrictive. The discussion continued. Roger felt the Olson Road would be a good test area for signs, etc. Also, noted there are laws and they should be enforced. The cost of the fines was discussed. Maintenance: Joe Morrow was asked about the roof leak? Joe explained this to the Board. He reported there are no leaks in the courthouse. The ceiling tile was discussed. Joe said he found a metal back door - $317.00, for the area in back where the Surveyor keeps his tools. Its to be delivered next Wednesday, no delivery charge. A short recess was taken.

Hospital Board Refinancing: Attorney Ted Waggoner said six weeks ago there was a meeting composed of the Council, Commissioners and Hospital Board and Woodlawn Hospital Association to refinance Woodlawn, Re: Resolution #071403. Attorney Waggoner reiterated the interest rates and the projected saving. Attorney Waggoner said by the time, it was time to close there was no way they could save that much money, because the interest rates had gone up. Ted stated Todd Samuelson called and informed him there could still be a saving of about $150,000.00; however, there needs to be a new resolution, for that. Ted said he immediately talked with Jim O’Keefe, who was interested in the savings; also, Chris Sailors, Council, was interested, but he needed Council approval. Ted said that is why he is here to inform the Commissioners and get comments. Ted informed the Board how this could be done and said he could have the necessary paperwork after lunch. Ted was asked who would lock in this rate and Ted replied the bidders, and he explained this, as well as, what happened last time. The savings would have to be a minimum $100,000.000 (a net $100,000.00). This was discussed. The consensus of the Board was for Attorney Waggoner to proceed with the preparation of the revised Resolution for bond refinancing. Animal Control Discussion: Warden Gene Baker submitted his monthly report. The Board reviewed this. Weights & Measure: Mike Early submitted his monthly report. The Board reviewed this. Commissioners Minutes: The minutes of Commissioners’ Meeting, August 18, 2003, were reviewed. Leslie R Walters made a motion to approve the minutes of August 18, 2003 as corrected. Roger Rose seconded this motion. Motion passed 3-0. Roger Rose made a motion to recess for lunch. Leslie Walters seconded this motion. Motion passed 3-0. Rich called this meeting back to order at 1:30 p.m. Additional Request: Sheriff’s Department: #0101-380-3000-10

Jail-Other-Medical & Hospital

$ 20,000.00

Auditor/Council: #2391-214-4000-55 Taxing & Financial Package The above Additional Requests were approved and signed. Transfer Request: Reassessment: County Assessor From #0105-213-3000-21










Tourism: From #0212-000-3000-11 To #0212-000-3000-13 From #0212-000-3000-22 To #0212-000-3000-13 Health Department: From #0801-197-3000-12 To #0801-197-3000-24 E-911: From #1156-241-3000-21 To #1156-241-3000-23

Professional Fees Research Grants Travel Expenses Research & Grants

$ $ $ $

500.00 500.00 500.00 500.00

Environmental Health Telephone

$ $

700.00 700.00

Sprint E-911 Contract Repairs and Maintenance

$ 2,000.00 $ 2,000.00

Aviation: From #2101-206-3000-60 Maintenance Equipment To #2101-206-3000-61 Maintenance Building The above Transfer Requests were reviewed and signed.

$ $

800.00 800.00

The Board informed the Auditor to make sure that every Appropriation Request and every Transfer Request when filed has an EXPLANATION and that the bottom of the form completely filled out; otherwise, the request will be returned to the Office Holder to be completed and this will delay their request. Payroll & Claims: All Claims and Payroll were reviewed and signed for payment. Commissioners Tax Sale: The Board discussed the properties listed for “Tax Sale” that did not sell. The discussion was if they did not sell, then they need to be reduced, as the goal is to get them back on the Tax Roll. The Board determined they need to make adjustments on the lots, on Tippy Shores, Kings Lake, etc., put them on a minimum bid and then the Auditor can use her discretion from here on out. New Business: Leslie Walters said he talked with Mr. Rosswurm regarding the proposed land north of the County Garage, 4.3 acres, it is low ground it can be filled in and drainage put in, if wanted, it naturally drains to the back and its 300 feet by 625 feet. Bob Peterson owns this property. Leslie said Scott and he stepped off the above measurements, as that is what had been discussed as needed. This was discussed, but no price was talked about, it needs to be appraised at a fair market value. Roger Rose made a motion to get the number of appraisals necessary to determine the value of this property for a possible purchase. Leslie Walters seconded this motion. Motion passed 3-0.

Auditor Denise discussed with the Board that the Transfer of $25,000.00 from Cum Cap for the Surveyor’s Truck, which could be ready for the next meeting. The process was discussed. The consensus of the Board was for the Auditor to prepare the Transfer from the line item Property Purchase $25,000.00 for the Surveyor’s Truck; any amount not needed can be transferred back to Property Purchase. Roger felt there should be some discussion on the County’s financial condition, being aware that we are in a deteriorating situation. He feels some thought should be giving to taking a look at the various departments’ personnel. He further stated that they should talk with the different office holders as to the personnel they presently have and what their needs are. The consensus was in agreement to proceed with Roger’s suggestions. Attorney Ted Waggoner prepared and delivered Resolution No. 090203 for refinancing the Woodlawn Hospital Bond Issue. Roger Rose read Resolution No. 090203. RESOLUTION OF BOARD OF COMMISSIONERS OF FULTON COUNTY, INDIANA RESOLUTION NO. 090203 WHEREAS, Fulton County acting through the Board of Commissioners thereof (the “County”) approved a lease bearing the date of August 10, 1976, between the Fulton County Hospital Association (the “Hospital Association”), as Lessor, and the County , as Lessee, acting by and through the Board of Commissioners, and the Board of Trustees of Woodlawn Hospital; and WHEREAS, it is in the best interests of the County to direct the Hospital Association to take all steps necessary to prepare for a refunding which will result in an interest cost savings over the life of the issue and will reduce the total lease payments due from the County; NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners approves of the refunding and directs the Hospital Association to work with H.J. Umbaugh & Associates, as financial advisor, Ice Miller, as bond counsel and City Securities Corporation, as underwriter to effect the refunding in order to accomplish net savings of at least $100,000. BE IT FURTHER RESOLVED, that the form of the Amendment to Lease, submitted to this meeting, be and the same hereby is approved. RESOLVED FURTHER, that the Auditor is authorized and directed to initial and date a copy of the proposed Amendment to Lease submitted this day to the Board of Commissioners and to place the same in the minute book immediately following the minutes of this meeting, and said Amendment to Lease is made a part of this resolution as fully as if same were set forth herein.

RESOLVED FURTHER, that the Amendment to Lease shall be executed by the Commissioners, and the corporate seal of the County affixed thereto and attested by the Auditor. RESOLVED FURTHER, that the form of the Continuing Disclosure Undertaking is hereby approved and the Board of Commissioners and the Auditor are authorized to execute such agreement. RESOLVED FURTHER, that the issuance, sale and delivery by the Hospital Association of bonds designated Fulton County Hospital Association “First Mortgage Refunding Bonds, Series 2003” in the aggregate principal amount of approximately $2,465,000, is hereby approved. RESOLVED FURTHER, that the First Mortgage Refunding Bonds, Series 2003 constitute qualified tax-exempt obligations and are hereby designated as qualified tax exempt obligations for purposes of bank deductibility under Section 265(b)(3) of the Internal Revenue Code of 1986. The County does not expect to issue or have issued on its behalf any obligations in 2003 which when added to the amount of the First Mortgage Refunding Bonds, Series 2003 will exceed $10,000,000. RESOLVED FURTHER, that this Board of Commissioners hereby approves the existing Directors to continue to act as Directors of the Hospital Association. RESOLVED FURTHER, that the Board of Commissioners of Fulton County are hereby authorized and directed on behalf of this County to approve and execute any certificates and documents on behalf of the County in connection with the refunding of the Hospital Building Bonds dated January 1,1977 of the Hospital Association. There being no further business to come before the meeting, the meeting was adjourned.

FULTON COUNTY BOARD OF COMMISSIONERS ____________________________ Richard A. Powell, Commissioner ____________________________ Roger D. Rose, Commissioner ____________________________ Leslie R. Walters, Commissioner ATTEST:

_______________________________ Denise J. Bonnell, Auditor Leslie R. Walters made a motion to adopt Resolution No. 090203. Roger D. Rose seconded this motion. Motion passed 3-0. Burn Ordinance: Rich informed the Board he had received a call from Akron Fire Chief regarding the “Burn Ordinance”. This was discussed; also, Attorney Greg Heller was asked to review this Ordinance, dated January 1997. This was thoroughly discussed and Attorney Heller advised how it could and should be enforced. This concluded the discussion. Patriots Day Observance: The Board discussed a letter received from Mayor Phil Thompson, requesting permission to use the Fulton County Courthouse on Thursday, September 11, 2003 for a Patriots Day Observance; also, he invited participation from the Commissioners. The consensus was to take part in this observance. Courthouse & Office Bldg Renovations: Rich stated bills were received from “Spike” Shepler, Jr.; one was from the Acanthus Arts, $2,250.00, who did the artistic painting in the Courtroom, after the other peeled off; the other from Continental Office Equipment, for added furniture, which Rich stated they knew was coming. The total bill $7,273.58, which spends all the money that was budgeted. The painting was discussed as that it did not hold the first coat of paint. Attorney Heller, suggested that the original contracts be reviewed, as to whether or not there could be language in the contract that legal fees could be recouped. This was discussed. The Auditor said when the checks are cut they are sent directly to the supplier, not to “Spike”. The Auditor said because of some furniture, which was made specifically to serve certain books at a cost of up to $10,000.00 (one particular bookcase) that was not made correctly, Mr. Shepler told her she would not be charged for that. Her question, without an itemized statement, there would be no way to tell if it was/was not billed. She also, referred to others items that were to have been specifically made, but, did not turn out that way, we are not to be charged for those either. It was the consensus that “Spike” being the Project Manager, should take the responsibility, that’s his job. Following further discussion, the decision was made to pay Acanthus Arts in the amount of $2,250.00; but hold up on the furniture until an itemized list of the furniture is received. Board Appointments: There was a discussion on obtaining the job descriptions, requirements, etc., to serve on the different Boards. This would cover the Boards where the Commissioners are to make

the appointments. This information would help the Commissioners to seek individuals who would better serve that Board and their County. Roger was designated to compile/formulate this letter. The heating and cooling conditions were updated. Rich said he telephoned Max, and asked him to come up with the control solutions; but he says, no, as he is convinced that all these issues are controlled by “Control Solutions”. Rich went ahead to explain. This was discussed. E-911: Steve Reese said he was just interested if there were any questions for his $2,000. Transfer Request. He stated the transfer was the deductible for two claims one at Leiters Ford and the other at Akron, which he explained. County Assessor: Assessor Sandy Owens, explained a Training Session to be held at the Manatron Office; which, would be for all her employees. Sandy is asking the Boards’ permission to close her office for that day, which has not as yet been designated. She further stated since the deal was contracted and made two years ago, she does not have the money now, but could move it around. She said she just needs the Board approval. Sandy said this would include the Rochester Assessor’s Office. This was discussed. The Boards’ decision was that each office should be covered, not closed. Sandy said she would be putting the transfer through. Auditor Denise gave the Board a Letter of Support from the Sheriffs’ Office, on which they would like the Boards’ signatures. This is regard to giving their support to the enforcement of seat belts and impaired driving laws. The Commissioners all signed this letter. This concluded the business transacted. Roger Rose made a motion to recess. Leslie Walters seconded this motion. Motion passed 3-0. FULTON COUNTY BOARD OF COMMISSIONERS _____________________________ Richard A. Powell, President _____________________________ Roger D. Rose, Vice-President _____________________________ Leslie R. Walters, Member Attest: ____________________________________ Denise J. Bonnell, Fulton County Auditor

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