HOWARD COUNTY BOARD OF COMMISSIONERS MEETING MAY 19, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, May 19, 2003, at 8:30 a.m. in Hearing Room No. 338 of the Howard County Administration Center. Those in attendance included President Bradley J. Bagwell, Vice President John B. Harbaugh, and Member Paul J. Raver. Also present were County Attorney Larry Murrell, Personnel Administrator Wanda McKillip, and Auditor Martha Lake.

The meeting was called to order by Sheriff Marshall Talbert and conducted by President Bradley J. Bagwell.

The minutes from the last regular meeting held on May 5th, 2003 were considered. Mr. Harbaugh made a motion to approve the minutes with the following correction:

On page 1, “In the Matter of Highway Issues”, Item 2.a., change the third sentence to read: Mr. Bill Clover and a foreman for the County Highway Department, are going to study the issue and assess whether storm drains could be installed at some of the street corners.

The motion to correct was seconded by Mr. Raver and duly carried.

IN THE MATTER OF SPECIAL COMMISSIONER REMARKS AND RECOGNITIONS:

There were no special remarks or recognitions presented at this time.

IN THE MATTER OF HIGHWAY ISSUES:

Mr. Ted Cain, Howard County Highway Engineer/Superintendent presented the following issues for Commissioner information and approval:

1. Agreement for School Bus Turn Around: Northwestern School Corporation Superintendent, Ryan A. Snoddy, submitted a written request that the Howard County Board of Commissioners approve a facility for a school bus turn around on property owned by Michael Esslinger located at 12581 West 500 North.

Mr. Harbaugh made a motion to approve the school bus turn around. Mr. Raver seconded the motion and it carried.

2. A Performance Bond (#BCI 1717904) in the amount of $188,000.00 was submitted from John E. Smith and Mohr Construction Company, owners and developers of Cloverdale Subdivision, Section 9, for storm sewers, stone base and asphalt pavement for street, concrete curbs and gutters. Mr. Cain said due to the close proximity of a main thoroughfare, street signs are not needed. Mr. Raver made a motion to approve the Performance Bond for Cloverdale Subdivision, Section 9. Mr. Harbaugh seconded the motion, which carried.

3. Vacation Schedule: Mr. Cain will be unable to attend the next few meetings due to a conflicting vacation schedule in the next 1-1/2 months. However, Mr. Cain will remain in contact with his department by telephone.

In addition, Mr. Cain informed the board that he and his wife are celebrating their 25th wedding anniversary and his wife’s graduation from college. Mr. Cain’s wife earned a bachelor’s degree simultaneously with their son who earned a master’s degree. The Commissioners congratulated Mr. Cain’s family on their achievements.

4. Status of Repaving in Darrough Chapel Subdivision: Mr. Raver has received several calls concerning the status of paving plans in Darrough Chapel Subdivision. Mr. Cain does not have a schedule in place at this time. Mr. Cain commented that unless something is done about the deterioration of the streets, it will become an on-going patching project. Plans have been made to place a thin coat of pavement on the streets and possibly repave it in three to five years.

Mr. Harbaugh received a call from a resident asking why the streets were going to be paved instead of repairing the sewers. Mr. Cain commented that the Highway Department in not in charge of the sewers, but they can make improvements to the streets. Streets can be paved soon but the sewer problem is going to take some time before it is resolved.

5. Status of complaint by I.D.E.M.: (See page 2, December 16th, 2002 minutes, “In the Matter of Highway Issues”, Item 6, for related discussion) Howard County was named as a party in a complaint by the Indiana Department of Environmental Management (IDEM) on the Dixon Road project. (Commissioner, IDEM v. Grades, Inc., R. L. McCoy, Inc., of Kokomo, and Howard County Board of Commissioners, Case No. 2001-11096-W) Howard County and R. L. McCoy Inc. agreed to a compromise settlement with the State in the amount of a $1,762.00 fine. The City of Kokomo and other contractors refused to sign the agreement. Therefore, I.D.E.M. presented a new agreement with the same terms as the original agreement except it only includes Howard County and R. L. McCoy Inc. Although Mr. Cain and the Commissioners feel that the complaint made by I.D.E.M. was unfair, from an economical standpoint it would be more expensive to dispute the complaint than to agree to pay the settlement.

Mr. Raver made a motion to approve the revised settlement with I.D.E.M. concerning the Dixon Road Bridge Project and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

Sheriff Marshall Talbert presented the following issues for Commissioner information and approval:

1. Jail Population Report: On this date the inmate population at the Criminal Justice Center escalated to 290. Some of those individuals will be released this morning after serving their sentences. Captain Harold Vincent shall provide monthly reports in written form for future Commissioners’ meetings.

2. Sheriff Talbert would like to improve on collaboration with Kokomo Police Department and other law enforcement agencies regarding staging raids. With the jail population near capacity and in order to be prepared for the influx of “nice weather” violators, Sheriff Talbert would like to see communication between the agencies be improved to enable a more efficiently handled process when several suspects are taken into custody at one time.

3. Accident Report: Two minor squad car accidents have occurred since the previous Commissioners’ meeting. Both of the vehicles are operational and will remain in service until taken in for the scheduled repairs.

4. Status of Vehicles:

a. The new Chevrolet Impala is assigned to Deputy Craig Trott. This is the first single color vehicle put into service by the Sheriff’s Department. The vehicle is normally parked near the west entrance of the Courthouse during business hours and is visible for inspection to those desiring to do so.

b. Some of the squad cars are approaching 100,000 miles. In order to reduce expenses to the County, Sheriff Talbert plans to purchase the smaller Chevrolet Impalas for the administrative personnel since they don’t need the full size Ford Crown Victoria Police package and assign the larger vehicles to deputies on road patrol.

c. The first of two new K-9 trucks will begin service this week. The new truck replaces Officer Richard Ferguson’s 1997 Dodge Dakota having more than 100,000 miles.

5. The new Keefe Coffee System implemented with the Commissary is going very well. First Sergeant Terry Sokol says that the program is saving a tremendous amount of time and the orders have been arriving with a minimal amount of errors.

6. The new cellular phones were received. The phones are equipped with vibration alert, which is an advantage to Courthouse security. Any deputy assigned to the courtroom will have a phone with the silent vibrating feature to allow immediate communication instead of the old system with a pager having to leave the room to return the call.

7. Six individuals including the County Attorney attended the Indiana Sheriff’s Association Seminar on May 13th in Logansport.

8. Judge Jessup is utilizing the courtroom at the Criminal Justice Center on Tuesday afternoons thus saving the Sheriff’s Department the valuable time and manpower required when they have to physically transport the prisoners.

IN THE MATTER OF PLAN COMMISSION ISSUES AND PROPERTIES FOR APPROVAL:

Plan Commission Director, Glen Boise, presented the following issues for information and approval:

1. Case 17-CP-03 – one (1) lot in Haendiges Estates Subdivision, located at 6361 West 90 South was considered. Mr. Raver made a motion to approve Case 17-CP-03. Mr. Harbaugh seconded the motion, which carried.

2. Case 7-CP-03 – one (1) lot in Pumpkin Fields Subdivision, located at 1576 West 425 North was approved on a motion made by Mr. Harbaugh. Mr. Raver seconded the motion, and it carried.

3. Unsafe Buildings:

a. Four new (4) complaints about unsafe buildings were received within the last month. Two of the buildings are not occupied. The Health Department issued a condemnation order on one of the buildings because it was attracting trespassers. The two buildings that are occupied have issues that require an inspection by a qualified building inspector. Mr. Boise will contact Center Township Trustee Jean Lushin for advice regarding inspecting the buildings. Also, the Department of Health has been requested to investigate these buildings.

b. 5389 East 50 South: A letter was received from Joann Johnson advising that arrangements are being made to tear the building down.

4. Flood Mitigation Issues:

a. The Community Rating System (CRS) Application was submitted to the contractor for Federal Emergency Management Agency (F.E.M.A.) A meeting will be scheduled in July to review the status of the program. Mr. Boise will work together with County Attorney Murrell to complete a questionnaire from F.E.M.A.

b. I.D.E.M. is starting a process to establish Total Maximum Daily Load (TMDL) requirements for the Wildcat Creek. This involves a study to find where the pollution comes from and recommendations will be made on how to resolve pollution issues. A meeting is scheduled on Thursday, May 29th, 2003 at 6:30 p.m. at the Kokomo Public Library at 423 E. Center Road.

c. Mr. Bagwell received a call from James Brock at 400 Ridge Road to thank the County for all of the efforts to resolve the flooding issue. According to Mr. Brock the water is four (4) feet lower than previous years with similar amounts of rainfall. Mr. Bagwell commented that perhaps some of the retention and detention areas designed in the community are finally starting to have some effect on flood control. Mr. Raver felt that a low water table and dry soil also contributed to less flooding.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

Maintenance Superintendent Thomas Harrison presented the following issues for Commissioner information and approval:

1. New Employee: Advance notice was presented to the Commissioners that Mr. Harrison plans to request approval for a full time/part time employee to begin in June or July. The money for the position was cutback during budget time last year but the Council suggested that the request could be reconsidered in 2003. When the Administration Center opened, an existing employee was assigned to the building, which left an opening in the Maintenance Department at the Courthouse. Mr. Harrison will request approval for $5,500.00 to hire an individual to work 20 hours per week until the end of 2003.

2. Flooding Issue at Courthouse: Last week the Howard County area experienced severe rain. Despite the repairs completed on the south side of the Courthouse, water infiltrated into the building. There was approximately three inches of water standing on the new carpet in Adult Probation area. Maintenance personnel are working to attempt to save the carpet. Demands have been received from the employees and Judges to immediately remove and replace the carpet. Mr. Harrison spoke to those individuals and requested more time to try to save the existing carpet.

3. OSHA Inspection: OSHA inspected the repairs at the Courthouse. The inspectors gave a warning that the outdoor electrical boxes used during festivals and for Christmas decorations were unsafe. The boxes are owned by Kokomo Festival Inc., a division of WWKI Radio Station. Mr. Dave Broman of WWKI was present for OSHA’s closing conference worksheet on May 13th, 2003. OSHA released WWKI from any responsibility because the electrical boxes are located on County property. OSHA noted several code violations. Over a period of time some of the knockouts and fittings were removed leaving open places on the boxes. A few boxes were found unlocked.

Mr. Harrison stated that the County is already committed to a couple of festivals this year. Maintenance personnel have already started to repair the boxes because the festivals cannot operate without electricity. The cost of the repairs is estimated to be about $1,000.00. Following repair of the boxes, there will be less electrical outlets available for festival participants. OSHA will be sending a letter to the County about their decision regarding the electrical boxes. Once the County gets started on a rebate (repair of violations) OSHA will review the County’s actions toward the rebate and decide whether to impose a fine. Mr. Harrison will turn the letter over to Attorney Murrell for review because a response is required within 15 days of receipt of the letter.

Mr. Harrison has been working with City Electrician Kim Phipps to come up with ideas on easy removal of the boxes. Mr. Harrison also talked to Cinergy Electric Company but they did not have any quick solutions. Once the festivals conclude this year, the boxes will likely be removed. A brief discussion was held on the subject of how the electrical boxes may have come into existence.

4. The process of switching over to the new air conditioning in the Courthouse is going well.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

Personnel Director Wanda McKillip presented the following issues for Commissioner information and approval:

1. Supplemental Insurance: Colonial Supplemental Insurance Representatives will meet with employees on Thursday, May 29th and Friday, May 30th, 2003 to discuss voluntary insurance plans available through payroll deduction. A schedule of times and locations of the meetings to be distributed with employee paychecks on Friday, May 23rd, 2003 was approved by consensus.

2. Commissioner Board Resignations and Appointments/Reappointments:

a. Mr. Rick Seegert submitted a letter of resignation to the Howard County Convention & Visitors Commission (CVB) and City of Firsts Automobile Heritage Museum, Inc. Board (CFAHM).

Mr. Raver made a motion to accept Mr. Rick Seegert’s resignation from the Howard County Convention & Visitors Commission. Mr. Harbaugh seconded the motion, and it carried.

b. Howard County Convention & Visitors Commission: Ms. Peggy Hobson, Executive Director of CVB, recommended two individuals who expressed interest to fulfill the remainder of Mr. Seegert’s term:

Dorinda Davis, Director of Operations, Wendy’s of Kokomo

Curtis Hatcher, Owner-Manager of Cartier Lounge

Mr. Raver made a motion to appoint Dorinda Davis to the Howard County Convention & Visitors Commission to fulfill the unexpired term for Mr. Rick Seegert ending on December 31st, 2004. Mr. Harbaugh seconded the motion, which carried.

c. City of Firsts Automobile Heritage Museum, Inc. Board: Mr. Harbaugh made a motion to accept Mr. Rick Seegert’s resignation from the City of Firsts Automobile Heritage Museum, Inc. Board, seconded by Mr. Raver, and it carried.

Attorney Murrell said the CFAHM Board has expressed desire to have an attorney serve on the Board. Mr. Raver made a motion to appoint Attorney Thomas J. Hilligoss to the CFAHM Board to fulfill the term through December 31st, 2003. Mr. Harbaugh seconded the motion, which carried.

d. Howard Community Hospital Board of Trustees: Mr. Harbaugh made a motion to reappoint Mr. Thomas Hilligoss and Ms. Lynette Hazelbaker to the Howard Community Hospital Board of Trustees for an additional four (4) year term each beginning July 1st, 2003.

3. The Association of Indiana Counties will present a seminar on Legal and Ethical Issues on Wednesday, May 28th, 2003 in Indianapolis. Mrs. McKillip requested approval to attend the seminar together with Administrative Assistant Vickie Hinkle at a cost of $70.00 per person.

Mr. Harbaugh made a motion to authorize Mrs. McKillip and Mrs. Hinkle to attend the seminar as requested. Mr. Raver seconded the motion, which carried.

4. OSHA Training: A meeting has been scheduled regarding OSHA Universal Precautions and Bloodborne Pathogens training on Friday, May 30th, 2003 at 9:30 a.m. in the Health Department on the second floor of the Governmental Office Building.

5. Personnel Vacation Schedule: Mrs. McKillip submitted a vacation request from June 9th through June 13th, and July 7th through July 11th, 2003. Mrs. Hinkle requested June 2nd through June 6th, 2003. The Commissioners approved both vacation requests by consensus.

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

Mr. Terry Tribby, Information Systems Manager, presented the following issues for Commissioner information:

1. Information Systems successfully installed hardware at the Criminal Justice Center that allows access to courthouse records through DSL lines. The project was a major undertaking and Mr. Tribby commended his employees for a job well done. Data communication has been established between the Administration Center, Criminal Justice Center, Kinsey Youth Center, and Courthouse.

2. Doxpop Update (Court Record Internet Publishing): (See page 5, April 7th minutes, “In the Matter of Information Systems Manager Issues”, Item 4, for related discussion) Now that the program is running well, Mr. Tribby requested authorization to post notification that the old dial-in access to JTS records will be terminated at the end of June. Information Systems anticipate to have the Kokomo Police Department’s access set up before the end of June.

Mr. Raver made a motion to authorize the dial-in modems to be removed from the server as of June 30th, 2003. Mr. Harbaugh seconded the motion, and it carried.

3. Wireless duress system update: A Request for Proposals was sent out to the following three (3) vendors:

Mobile Radio of Kokomo, Inc.

Huston Electric, Inc.

State of the Art Communications

Mobile Radio of Kokomo, Inc. submitted the only quote in the amount of $23,748.20. Mr. Tribby recommends staying up to date on the software annual maintenance. In terms of the hardware maintenance, Mr. Tribby would like to see what is involved with the first year before a decision is made on an annual maintenance agreement.

Mr. Raver made a motion to accept the quote from Mobile Radio of Kokomo, Inc. for the wireless alarm system for the County buildings in the amount of $23,748.20 and postpone decisions on the software and hardware extended warranties for one year. Mr. Harbaugh seconded the motion and the motion carried.

IN THE MATTER OF E-911 MAPPING QUOTES:

Communications Director Tony Ramsey advised quotes were received from the following vendors:

MicroData GIS (The Schneider Corporation) $418,150.00

Plexis Group $104,500.00

WTH Engineering Inc. (Think Map) $86,450.00

WTH Engineering submitted the lowest responsible and responsive bid and a recommendation was presented to the GIS Steering Committee on May 8th. The Committee accepted the recommendation with a 100% agreement of those attending the meeting. The funding for this project has already been appropriated.

Mr. Harbaugh made a motion to accept the quote from WTH Engineering Inc. for the E-911 Phase 2 Mapping Project in the amount of $86,450.00 as being the lowest responsive and responsible bid. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF HOWARD HAVEN COUNTY HOME:

Superintendent Kim Krieg and Deputy Auditor Delmo Lynch presented the following issues for Commissioner information and approval.

1. Resident Account Balances: Upon the recommendation of the State Board of Accounts, three clients with credit balances were located and reimbursed. The remaining credit balance of approximately $400.00 was sent to the State. However about 15 former residents owe money to Howard Haven. The State Board of Accounts would like this issue cleared up. Many of the claims occurred in the years prior to Ms. Krieg’s administration. Ms. Krieg requested that the following amounts be written off:

Deceased Clients $ 5,021.70

Possible Retrieve Clients $ 3,216.97

Administrative Errors $ 32.12

Total $ 8,270.79

If a client has his or her own resources, he/she is put on self-pay at the rate of $33.62 per day. Currently the Assistance to Residents in County Homes (ARCH Program) pays a rate of $27.90 for eligible participants. The ARCH payments run about two months behind. Mr. Lynch and Ms. Krieg are going to work together to review new accounts after the first four months to make sure the funds are coming in.

Mr. Raver made a motion to write off the payments as listed in the amount of $8,270.79. Mr. Harbaugh seconded the motion, and it carried.

2. Mr. Raver said some of the Council members expressed they would like some kind of dialogue about future plans for the county home before the budget for 2004 is considered. The Commissioners requested financial information on the county home in order to discuss this issue at the next meeting on June 2nd, 2003.

IN THE MATTER OF COURTHOUSE RENOVATIONS:

Mr. William Bassett of William Bassett and Associates presented the following issues for Commissioner information:

1. The Request for Proposals approved by the Commissioners on May 5th, 2003 was converted into Change Order No. 8 in the amount of $87,971.00. (See page 5, May 5th, 2003 minutes, “In the Matter of Courthouse Renovations”, for related discussion)

Mr. Raver made a motion to approve Change Order No. 8 for a total of $87,971.00 and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, and it carried.

2. Continuing Water Problems: The water infiltration on the south wall of the basement has reappeared. The leaks seem to be generating from a broken drain tile that drains roof headers and/or a hole in the wall just below the grade line where an electrical conduit and refrigerant line had been located. Some holes were patched in the drain tile and the grade level was lowered on the outside of the building to prevent water from going back into the hole. The contractor will start excavating on Tuesday, May 27th, 2003 (Change Order No. 33) to expose walls, foundations and replace the footer tile. The pipe that drains the roof drain from the east side of the building will be replaced. A video camera will be inserted into the remaining tile to look for obstructions. Walls will be cleaned and waterproofed. Change Order No. 33 includes replacing any sidewalks that are damaged during the excavation and extending the sidewalk at the south door approximately 15 feet to enable handicap accessibility.

3. Upgrade to Court Recording Systems: The recording system in Superior Court III is up to date. Mr. Bassett met with the electrician about providing an estimate for rewiring. Information Systems Manager Terry Tribby is looking into costs for computer hardware and software. Mr. Bassett will return to the Commissioners with a cost estimate to upgrade the recording systems in the remaining courts, including the jail.

4. Video Arraignment System: Mr. Raver researched the Commissioners’ minutes and discovered that a contract was signed on October 7th, 1999 with Ameritech but there was no price or further information. There were both new and used equipment furnished in the Superior III courtroom and the jail. Wiring was installed in the court systems for video arraignment but there is no equipment proposed in the current contract. During the initial design phase of the renovation project, Mr. Bassett said a portable video arraignment monitor and camera on a cart were proposed in order to save on costs. The cart could be moved to whatever courtroom was scheduled to have a video arraignment. Mr. Bassett said he would research information regarding providers and equipment for video arraignment.

IN THE MATTER OF ADULT COMMUNITY CORRECTIONS ISSUES:

(See page 6, May 5th, 2003 minutes, “In the Matter of Adult Community Corrections Issues”, for related discussion)

Adult Community Corrections Director Steve Maus presented the following issues for Commissioner information and approval:

1. Expand Office Area: Mr. Maus said his staff needs more space and reiterated a request to move his Community Service Coordinator into the office currently occupied by CASA (formerly the food stamp office) in the Government Building. Following a brief discussion, Mr. Raver made a motion to authorize Community Corrections to use the office when it becomes available after CASA moves back into the Courthouse. Mr. Harbaugh seconded the motion, which carried.

2. Request for New Door: Mr. Raver completed some research on the room that is missing a door. The door was removed by a maintenance employee in 1999 at the request of former Personnel Administrator Tina Dock and placed in the basement. Since that time, the door was moved out to the county’s storage barn. Mr. Raver requested that the Maintenance Department move forward with finding and re-installing the door.

IN THE MATTER OF POOR RELIEF APPEALS FOR HONEY CREEK TOWNSHIP:

A Poor Relief Hearing was conducted on May 19, 2003 at 8:00 a.m., for Honey Creek Township on behalf of Rebecca Earnheart. Commissioner Bagwell, Poor Relief Hearing Officer, made a recommendation to uphold the written denial for assistance made by the Honey Creek Township Trustee on May 3, 2003.

Mr. Harbaugh made a motion to uphold the denial of the Honey Creek Township Trustee based upon the finding that the Township Trustee followed the Eligibility Standards and Guidelines for Poor Relief applicable to the case. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF CLAIMS AND REPORTS:

Howard County Auditor Martha Lake presented the following reports for Commissioner information and approval:

1. Operating claims payable on May 19th, 2003 in the amount of $41,127.95 were approved on a motion made by Mr. Harbaugh, seconded by Mr. Raver, and it carried.

2. Commissioners’ Salary Claims for hourly, salary, and overtime payable for May 23rd and May 30th, 2003 were approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, which carried.

3. The Howard County Treasurer’s Report for the month of April 2003 was accepted on a motion made by Mr. Harbaugh, seconded by Mr. Raver, and it carried.

4. New London Conservancy District Grant Update:

a. Hometown Engineering provided a detailed invoice for the New London Conservancy District Grant 60% report in the amount of $15,900.00 (See page 5, May 5th, 2003 minutes, “In the Matter of New London Conservancy District Grant”, Item 2, for related discussion). Grant Administrator Tina Mendenhall Henderson forwarded the invoice onto the Commissioners for approval.

Mr. Harbaugh made a motion to approve payment of the claim and authorize the President to sign on behalf of the Board. Mr. Raver seconded the motion, and it carried.

b. The Commissioners were reminded that the New London Conservancy District is scheduled to meet on Tuesday, May 20th, 2003 at 7:00 p.m. in the New London Friends Church. The address of the church is 766 West 214 South. Hometown Engineering will present the 60% complete preliminary engineering report.

6. Additional Appropriation Requests: The requests for additional appropriations out of the Commissioners’ Fund, Cumulative Capital Development Fund (CCD), and Economical Development Income Tax Fund (EDIT) to be heard by the Howard County Council on May 27th, 2003 were presented for Commissioner information. The request for $566.06 for Line Item 3215.01 is a matter of correcting an error regarding the Flood Mitigation Grant.

7. The new tax rates for Howard County have been received. The new assessment increased the net assessed values more than a billion dollars.

8. Workers’ Claims (IPEP): Mr. Dick Norris, Representative from Downey Insurance, anticipates a 26% increase in IPEP in 2004. This amounts to approximately $250,000.00. Due to a large increase in claims, Mr. Norris suggests establishing a Safety Committee to work on ways to prevent the claims from increasing.

9. Maximum Levy for Cumulative Bridge Fund: The Indiana Department of Local Government Finance returned the proposed tax levies for Howard County Funds. The Cumulative Bridge Fund drew more money than it ever has because of reassessment and the tax rate set at .0233. An emergency meeting was held by the Council President, the Commissioner President, the Auditor, the County Attorney, and Linda Lessaris, Field Budget Officer from the Department of Local Government Finance to lower the rate and adjust the Cumulative Bridge Fund levy amount down to $550,000.00 this year. This will allow additional money to go into the General Fund. Mr. Ted Cain, Howard County Highway Engineer/Superintendent is in cooperation with this issue. Auditor Lake presented copies of the letter signed by Council President Richard Miller, Commissioner President Bradley Bagwell and Auditor Martha Lake, that all were in agreement that the 2002-2003 levy for the Cumulative Bridge Fund should be set at a maximum of $550,000.00.

Mr. Raver made a motion to ratify and confirm President Bagwell’s execution of the letter and adopt the letter as the action by the Board of Commissioners. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF ATTORNEY ISSUES:

County Attorney Larry Murrell presented the following reports for Commissioner information and approval:

1. Attorney Dan J. May recently filed a personal lawsuit naming several city police officers, the Howard County Drug Task Force, City of Kokomo and the Howard County Board of Commissioners. (Cause No. 34D02-0303-CT-0228) The insurance company’s attorney wants to develop an Affidavit for use in a Motion to Dismiss that he is preparing to file on behalf of the Howard County Commissioners. The Affidavit is to establish that the Board of Commissioners has no supervisory control over or association with the Howard County Drug Task Force. Attorney Murrell informed the Board that the Drug Task Force is an ad hoc group funded by a grant that is administered by the City.

Mr. Raver made a motion to adopt the Affidavit with reference to Cause No. 34D02-0303-CT-0228. Mr. Harbaugh seconded the motion, and it carried.

2. Attorney Murrell wished to echo Sheriff Talbert’s report on the Indiana Sheriff’s Association Seminar held on May 13th in Logansport. It was a very informative seminar; Attorney Murrell obtained valuable legal information.

IN THE MATTER OF COMMISSIONER ISSUES:

1. Township Trustee David Boise, in Clay Township submitted a letter to the Board of Commissioners designating who is in charge of the Township Trustee’s duties if he was not available to perform the job.

2. Mr. Harbaugh received a call from a woman in his district complaining that a neighbor changed the natural flow of water causing her property to flood. Mr. Harbaugh contacted the County Surveyor’s office regarding this issue and learned unless a legal drain is involved, the issue would is a civil matter between the property owners. Mr. Harbaugh plans to ask Surveyor Beryl Grimme to check if a legal drain or highway side ditch might be involved.

3. Travel Policy Reimbursement: The current travel policy allows an employee to be reimbursed for a single occupancy room rate up to $79 plus applicable tax per day. Only when it is a State called meeting with the employee staying at the same location the meeting is held, will the employee be reimbursed 100% of the cost. Mr. Bagwell said when an employee goes to a conference (not State called) and stays at the same location the meeting is being held, the County may end up paying more for a hotel room than the $79 allotment, but money is saved by not having to rent a car to get to the meeting from a different hotel. Mr. Bagwell suggested that the Commissioners review the travel policy and consider making some changes (i.e. changing the 100% reimbursement for any conference motel expense incurred when staying at the same location as the meeting, not only in the case of a State called meeting, with the stipulation that such travel costs be authorized by the Board). In order to have a guideline, the Commissioners agreed to review the State’s current travel policy.

There being no further business before the Board at this time, Mr. Raver made a motion to adjourn. Mr. Harbaugh seconded the motion and it carried. The meeting closed at 11:05 a.m.

THE HOWARD COUNTY BOARD OF COMMISSIONERS

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BRADLEY J. BAGWELL, PRESIDENT

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JOHN B. HARBAUGH, VICE PRESIDENT

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PAUL J. RAVER, MEMBER

ATTEST:

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MARTHA J. LAKE, AUDITOR

Commissioner Minutes, May 19, 2003