FULTON COUNTY COUNCIL MEETING
March 17, 2009, 6:30 P.M., E.S.T., in the Assembly Room of the Fulton County Office
Meeting Called To Order:
Council Members present at this meeting were Sonja Easterday, Earl Gaerte, James
Widman, Christopher Sailors, Kathy Siders, Gary Sriver, Dave Helt and Auditor Judy
Council President James Widman referenced the minutes of the Council meeting on
February 18, 2009, for any additions or corrections. Jim called for a motion to approve
the minutes as amended. Kathy Siders moved to approve the minutes of February 18,
2009, meeting as presented. Chris Sailors seconded this motion. Motion carried 7-0.
Sheriff Walker Conley presented his monthly activity reports. He reported a current jail
population of 83.
Conley discussed purchasing a 2008 Crown Victoria for $13,912 which includes a trade
in discount of $2,000 and additional options at $912. He feels that purchasing this
vehicle for the reserves will save the department money each year in set up fees of
vehicles being handed down to the reserves when the department purchases its new
vehicles. Earl Gaerte moved to approve the purchase of a used Crown Victoria by the
sheriff for use as a reserve car for approximately $13,912. Gary Sriver seconded the
motion. Motion carried 7-0.
Conley reported that jailer, Steve Shambarger, passed away. He asked whether he had to
advertise to fill the position. Policy dictates that the position must be posted internally
for seven days and then advertised.
Conley reported to the Board that grant money is available through the Community
Oriented Policing Services Hiring Grant (COPS grant). He said that the sheriff
department previously hired a deputy under that three year grant, which paid 75% the
first year, 50% the second and 25% the third. This new grant is for 100% of salary and
benefits for the first three years or 36 months for a new deputy or to rehire a deputy that
has been laid off. April 14 is the application deadline for this grant. This is available for
as many deputies as the County chooses, but the County must retain those hired for at
least a year after the grant period. He said equipment (vehicle, light bar, radio, shot gun,
hand gun, uniforms, in-car video camera, digital camera, ballistics vest, etc) is not
included in the grant and would total approximately $34,000 to $35,000. Conley
suggested that the equipment could be funded through the new local option income tax.
He also thought there would be $28,000 left in cum cap for the purchase of equipment,
even after the purchase of the used Crown Victoria for the reserves. He said the annual
salary and benefits would be approximately $42,000. He would like to secure this grant
for another deputy or two. The Council discussed the attrition rate at the sheriff
department. Gary Sriver moved to apply for one deputy under the COPS program. Dave
Helt seconded the motion. Motion carried 7-0.
Jim Widman read the following:
Description Of Required Changes in the Fulton County Police Retirement Plan
Restated Effective January 1, 2008
1. The IRS is requiring that all citations to Indiana law be removed and that the
reference to “termination of employment” be changed to “severance of
employment.” We have made those changes throughout the document.
2. The compensation limit in Section 2.01(1), the limitations on benefits in
Section 6.05, and the requirement to start benefits by age 70 ½ in Section 6.06
have been changed. As a practical matter, none of these changes will affect
the benefits payable under your Plan.
3. The provisions in Section 3.01 permitting a participant to stopping required
employee contributions and then start making them again have been deleted.
The IRS does not permit stopping and re-starting employee contributions.
4. A new paragraph was added to Section 6.01 regarding how the plan will
handle an overpayment of a benefit to a Participant or Beneficiary.
5. The limitation on the period for extending guaranteed monthly payments
under option 1 in Section 6.04(a) has been replaced by a reference to the limit
in Section 6.06. AS a practical matter, this required change will not limit the
guaranteed period that a participant may elect.
6. Technical changes were made in Section 6.06 in the calculation of benefits
payable at age 70 ½.
7. The provisions of Articles XV & XVI were updated and folded into the
preceding articles and then Articles XV & XVI were deleted from the
Description of Changes to Plan Design That are not Required by the IRS
1. If a participant has terminated employment, received a distribution of
employee contributions, and is reemployed, Section 3.01 specifies that the
repayment may be in cash (on an after-tax basis) or rollover from an IRA.
Also, Section 3.01 provides that interest on the repayment is charged from
date of severance of employment.
2. Section 3.02 provides that if a participant terminates, commences his benefit,
and is reemployed, the benefit earned during his reemployment will be
reduced by the amount of benefit received. This restatement clarifies the
3. A definition of “Normal Retirement Age” has been added to Section 5.01.
4. Only benefits paid in a lump sum (i.e. employee contributions and earnings)
may be rolled over to another Plan. Please note that Section 6.07 has been
revised to provide that rollovers may be made to a Roth IRA beginning
January 1, 2008, subject to adjusted gross income limits until year 2010. In
addition, we have amended Section 6.07 of your Plan to reflect that non-
spouse beneficiaries may roll over death benefits to an IRA beginning January
5. Section 8.02(b) has been clarified to provide that the spouse of a participant
who dies prior to Early Retirement Age may elect when to begin the death
benefit anytime between when the participant would have satisfied Early
Retirement Age and Normal Retirement Age.
6. Section 10.04(b) has been added to permit participants to elect to apply a
portion of their retirement benefit to health insurance premiums in accordance
with Indiana Code.
Earl Gaerte moved to approve the changes. Kathy Siders seconded the motion. Motion
carried 6-0 (Chris Sailors abstained). Jim Widman signed as required.
Widman noted that funds for the jail project were applied for through the stimulus
package, as were the Mt. Zion Dam, the animal shelter, and the Fourth Street Lift Station
project. He thought the money would be awarded in June, though he thought they would
know which projects would be awarded funds before that time.
The Council will contact Doug Oakes regarding funding.
The Council discussed the former employees who have not yet paid back the taxes on the
taxable fringe benefits. This will be referred to Greg Heller to send letters in an attempt
Chris Sailors reported that the Highway Department employees met with Commissioner
Mark Rodriguez to discuss the personnel policy.
Sailors said that there was a phone conference with Kent Irwin, whose contract was
extended to complete a job description survey.
Dave Helt attended an IDEM meeting regarding the monitoring wells around the Torx
plant. An additional 23 wells will be installed to gather samples. There is a one-year
plan in place for that area.
There will be an informational meeting April 15 to discuss the closure of the Four County
Jim Widman reported that the EMS Task Force met and will be meeting on the first and
third Wednesdays of the months.
Widman said the IT Group will also be meeting in the morning.
Judy explained that the County now has to be certified as to the accuracy of all tax
preparation software. She anticipates taxes will be due no later than June 10, hopefully
even before that date.
Judy said that she understands that the County must have a capital improvement plan for
economic development or risk losing CEDIT funds. She said Greg Heller will be
researching the statute.
Kathy Siders discussed the EMS Board meeting. Widman asked what the Council wants
to see done through the EMS Task Force. Kathy thought the EMS Board’s make up
should change. She suggested it consist of a Commissioner, a Council member, the EMS
medical director, and two citizens, with the hospital CEO or CFO being a possible ex-
officio member. Whether volunteer EMTs are allowed to do more than basic care is an
issue that was discussed in depth. Kathy said that she wants the EMS to be the absolute
best that it can be for the people of Fulton County. The Council discussed the billing
issues and the fact that the hospital has a contract with Anthem but the EMS does not.
Chris Sailors moved to adjourn at 8:30 p.m. Gary Sriver seconded this motion. Motion
FULTON COUNTY COUNCIL
James Widman, President
Gary Sriver, Member
Dave Helt, Member
Christopher Sailors, Member
Judy DeVries, Member
Earl Gaerte, Member
Kathy Siders, Member
Judy Reed, Fulton County Auditor