HOWARD COUNTY BOARD OF COMMISSIONERS MEETING NOVEMBER 17, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, November 17, 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, Auditor Martha Lake, and Personnel Administrator Wanda McKillip.

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

The minutes from the regular meeting held on October 20th, and two Executive Sessions held on October 9th and November 6th, 2003, were considered. There being no corrections, Mr. Raver made a motion to approve the minutes as submitted. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF HIGHWAY ISSUES:

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

1. Materials and Supplies for Year 2004: Bids for the Highway Department’s 2004 operating materials and supplies were received and opened by Mr. Cain at the scheduled time advertised of 8:30 a.m. Mr. Cain said it is common to accept all bids due to the fact that for a variety of reasons, the Highway Department makes purchases from different suppliers. The operating bids were received as follows:

Item #l Precast and Prestressed Beams –

None

Item #2 Various Grades of Asphalt, Emulsion, and Tar –

Asphalt Materials, Inc.

Mohr Construction Co., Inc. (E & B)

Item #3 Bituminous Coated Aggregate, Asphaltic Concrete Binder and Top –

Mohr Construction Co., Inc. (Bought by E & B Construction Co.)

Item #4 Stone –

Kokomo Gravel

Martin-Marietta Materials

Hansen Aggregates (Bought out Stone Co.)

Item #5 Equipment Rental –

Baker & Schultz

Mr. Harbaugh made a motion to take the County Highway operating bids for the year-2004 under advisement until the next meeting on December 1st to allow Mr. Cain and the County Attorney Larry Murrell to review them. Mr. Raver seconded the motion, which carried.

2. Performance Bond No. 104126305 in the amount of $100,000.00 was submitted from Pillars Housing L.P. for the installation of a new access drive for Pillars Place/Rainbow Gardens Subdivision in Center Township for Howard Regional Health System. The Health Center decided to change the original street plans from public to private. The drive will be built to standards established by the Plan Commission. Because the building is located in the City and the access drive is in the County, the Plan Commission required a performance bond for the drive. Following completion of the work, Mr. Cain has requested the property owners to submit a letter approving all of the work and the Performance Bond shall be released based on that letter.

Mr. Raver made a motion to accept the performance bond for Pillars Place/Rainbow Gardens Subdivision as presented. Seconded by Mr. Harbaugh, the motion carried.

3. Quotes for New Vehicles:

a. 2004 Model ¾-Ton Pickup Truck Price Includes Trade-In of Two Trucks

Kokomo Auto World $22,512.25

Brad Howell Ford $22,998.59

Graham Ford $23,154.34

Mr. Cain would like to buy this truck as soon as possible in order to prepare for plowing snow this winter. Mr. Raver made a motion to authorize the purchase of a 2004, 3/4 –ton pick up truck from Kokomo Auto World for a net price of $22,512.25. Mr. Harbaugh seconded the motion, which carried.

b. 2004 Single Axle Cab & Chassis Truck Price Includes Trade-In

Speedway International $50,265.12

Wabash Ford $50,275.00

Wiers International $50,952.98

Mr. Cain anticipates this truck to be received in February 2004. Mr. Raver made a motion to authorize the purchase of a 2004 single axle cab & chassis truck from Speedway International for a net price of $50,265.12. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

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

1. Lieutenant Don Howard passed away on Saturday, November 15th, 2003. Services will be held at Bible Baptist Church, 2635 S. Dixon Road, on Thursday, November 20th at 11:00 a.m.

2. Jail Report for the Month of October: The average daily inmate population was 285 compared to 292 in September.

3. Audio – Video Recording Equipment: (See pages 1-2, November 3rd, 2003 minutes, “In the Matter of Sheriff Department Issues”, Item 2, for related discussion) The following three (3) vendors provided estimates to install real time audio and video equipment:

Electrical Equipment Company $11,525.00

Central Security and Communications $12,142.00

Aadco $16,846.00

After viewing a demonstration by Aadco, Sheriff Talbert commented that the quality of their equipment is incredible. The digital recording equipment has the capability of adding more cameras in the future as well as remote networking with the Courthouse. This means that in the event of a problem, the Sheriff would be able see what is going on at the Courthouse. Alternatively, Courthouse Deputy Craig Trott would have the ability to observe the Book In area at the jail. Sheriff Talbert proposes to commit money from the Misdemeanant Grant Fund to purchase the equipment. Kokomo Police Chief Tom Dinardo has indicated that the city would be willing to assume some of the cost. A cost to link the two networks was not included in the quote. Aadco Representative John Hill indicated that once the components have been installed, the County’s networking system should be able to zoom into the Courthouse and vice versa.

Information Systems Director Terry Tribby stated he would like to look further into the Aadco digital recording equipment. In order to have 6 months of data storage capability, there would likely be additional hardware costs involved. Mr. Tribby felt this is a very good application but is concerned whether the current link between the two facilities would be large enough to accommodate the proposed video transmission; it would consume a substantial amount of bandwidth. Mr. Bagwell stated, typically it would not be running across the bandwidth all of the time. Sheriff Talbert said this would only be used in the event of an emergency.

Mr. Bagwell commented that it is critical to get the video recording equipment installed in the Book-In area and suggested taking a look at linking it to the Courthouse at a future date. He recommended that the new system have USB port capability. Sheriff Talbert stated that most of the incidents resulting in litigation happened in the Book-In area and projected that the video recording could reduce liability issues.

Maintenance Superintendent Tom Harrison cautioned the Sheriff to make sure that existing wiring does not get cut or damaged during installation of the video recording equipment. This problem happened during installation of the camera system in the Courthouse, which resulted in costly repairs.

Mr. Harbaugh made a motion to authorize the Sheriff’s Department to purchase the video recording equipment from Aadco in the amount of $16,846.00, and acknowledge that it is not the lowest quote, but due to compatibility issues with the existing video monitoring system at the Courthouse it is the best choice. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF COURTHOUSE RENOVATION FOLLOW UP:

1. New Holding Cells / Prisoner Bench Update: (See page 2, November 3rd, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 1, for related discussion) Maintenance Superintendent Tom Harrison took measurements and found that an 8-foot bench will not fit in the new holding cells. Mr. Harrison suggested installing a 6-foot bench on one wall and a 4-foot bench on the other wall in each cell at a cost of $1,760.00 plus shipping for a total of $2,200.00. Mr. Raver advised there was enough money in the Courthouse Renovation Budget to cover the cost of the benches without using Misdemeanant Grant money.

Mr. Raver made a motion to authorize the purchase of four 6-foot benches and four 4-foot benches in the basement of the Courthouse for the four holding cells in the amount of $2,200.00 to be paid from the Courthouse Renovation Fund. Seconded by Mr. Harbaugh, the motion carried.

2. Terstep Company Inc. will arrive tomorrow on November 18th, for a meeting scheduled at 9:00 a.m. to discuss finishing the requested work on the new holding cell area. Mr. Raver asked that a representative from the Sheriff’s Department attend the meeting.

3. Mr. Harrison reported that the Sheriff Deputy station on the first floor of the Courthouse has been disassembled and removed.

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

Plan Commission Director Glen Boise presented the following issues for Commissioner information:

1. There were no subdivision plats to be presented at this time.

2. Unsafe Buildings: Mr. Boise reported he did not have an opportunity to complete the fieldwork necessary to provide updates on unsafe buildings.

3. Flood Mitigation Issues: Mr. Boise is working on the pre-applications that will be sent to F.E.M.A.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Maintenance Issues at Howard Haven: (See pages 2-3, November 3rd, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 4, for related discussion) Maintenance personnel have been working on repairs at the facility this past week:

● The sump pump was replaced in the basement. This has resolved most of the water problems in the drains. The issue of soap coming out through the drains cannot be resolved.

● Economy Glass has been contacted to replace the door glass and some glass on the second story.

● Maintenance was unable to repair a clothes dryer that stopped working. Mr. Harrison advised the Co-Managers to proceed with purchasing a new one.

● An estimate of $2,450.00 was obtained for cement work to widen the entrance to the building to accommodate a wheel chair, plus a cement pad west of the garage to hold the gas tank. Mr. Harrison proposes to request money out of the Cumulative Capital Development Fund to pay for the cement work.

● Some old faucets were replaced along with a sink vanity.

● Mr. Harrison plans to contact a roofing contractor to repair some leaks on the building.

● The transportation van was repaired and it is up and running.

● On Wednesday, November 19th, the Jail Trustees are scheduled to help discard items that are no longer used by the facility.

2. Government Building: The mold on the basement pipes has been removed and the floor covering has been selected. Mr. Harrison anticipates all of the work to be completed next week.

3. Certified Laboratories Annual Contracts: The 2004 contracts for water testing and treatment were presented from Certified Laboratories. In the past five years Certified Laboratories has provided their services, chemicals, and materials to test the systems in five (5) county owned buildings. Mr. Harrison advised that he has money in his budget to pay for the following contracts:

Building 2004 - Annual Contract Cost

Howard County Administration Center $ 1,175.00

Kinsey Juvenile Detention Center $ 2,397.00

Howard County Government Building $ 2,295.00

Howard County Jail $ 2,497.00

Howard County Courthouse $ 975.00 *

* For 6 months from July 1st to December 31st, 2004 due to the warranty in effect for the work completed on the HVAC system.

Mr. Harbaugh made a motion to approve the water treatment proposals with Certified Laboratories as presented and authorize the President to sign on behalf of the Board. Mr. Raver seconded the motion, which carried.

4. Water Tower at Jail: Quality Plumbing & Heating will begin installing the new water tower at the Criminal Justice Center today.

5. The patching work has finally been completed on the County parking lot at the northeast corner of Mulberry Street and Buckeye Street.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

Personnel Director Wanda McKillip together with Mr. Doug Heath from Miles and Finch Insurance presented the Health Insurance Renewal Proposal for Commissioner approval:

Mr. Heath presented the Howard County Employees Summary Report for claims period September 1st, 2002 through August 31st, 2003. Anthem based the renewal on this claim period. There was a significant increase in the number of claims compared to the previous claim period. Although membership was up only 1%, the overall claims increased by 69.37%. The highest increase is medical claims, which escalated to 89.46%.

Last year Anthem projected claims for the previous 2003 contract year at $2,811,871.08, based on 423 employees plus their spouses and dependent children. However, the claims actually came in at $4.2 million. The expected fixed costs for February 1st, 2004 through January 31st, 2005 is $499,939.92 as compared to $451,008.00 for the current year. This is an annual increase of $48,924.92 or 10.8%. The balance of the costs is entirely claims. All costs are capped at $4.5 million.

The Health Insurance Committee met on November 14, 2003 to review the entire proposal from Anthem for the 2004-year. If no changes were made to the current plan, the cost of insurance would have increased about 39%. With the proposed plan changes based on the maximum exposure, if the County reaches the aggregate attachment point the increase would be approximately 33%. The bulk of the costs are the claims, and not insurance.

Mr. Heath reviewed the renewal options that would begin on February 1st, 2004. There would be an increase in Deductible, Out of Pocket Maximums, and Office Visit costs. On the other hand, the cost for prescription drugs, Dental, and Vision rates will not change.

The monthly premiums, based on 423 employees, will increase approximately 26%. The full-time employees hired prior to January 1, 2003 will remain at 20% (employee pay) 80% (county pay) for their healthcare premiums. Those who were hired after January 1, 2003 (including part-time employees promoted to full-time) will pay 40% of their healthcare premium. The County will pay the remaining 60%.

Mrs. McKillip explained that prescription and vision will no longer be included in the medical coverage. Each plan stands alone to enable an employee to choose which options they want to buy. The provider for the vision plan has been changed from Vision Service Plan (VSP) to Anthem Vision Plan. Mrs. McKillip reported that the County Council met on Wednesday, October 12th, 2003 and voted to pick up the employee contributions for medical only for the 2004-year.

Mrs. McKillip and her staff are working on compiling information packets for employees. Enrollment meetings are scheduled for December 2nd and 3rd, 2003. The enrollment packets, listing all of the information will be distributed to employees on Friday, November 21st.

Mr. Harbaugh made a motion to approve the renewal option and the proposed rates as presented, effective February 1st, 2004. Mr. Raver seconded the motion, and it carried.

PUBLIC HEARING – VACATION OF ALLEY LOTS 5 AND 6 IN TOWN OF CASSVILLE:

Scheduled Public Hearing – 9:30 a.m.

# Alley Vacation in Howard Township

The public hearing was opened at 9:48 a.m.

Attorney David T. Baird, UAW-Chryler Legal Services Plan, presented a petition to vacate a portion of an alley for Lots 5 and 6 in the Original Plat of the Town of Cassville, Howard Township, on behalf of Lavern P. Ostrowski at 706 E. Cassville Road. The adjoining property owners were notified by certified mail and the request was legally advertised. An agreement was on file between Flora B. Russell and Lavern P. Ostrowski to consent and agree to assist each other in the petition to vacate. Copies of letters from the utilities were submitted stating they did not have any objections to the vacation.

There was no one in the audience with questions or comments.

Mr. Raver made a motion, seconded by Mr. Harbaugh and carried, to close the public hearing. Mr. Raver made a motion to approve Ordinance No. 2003-BCC-51, an Ordinance vacating an alley in the town of Cassville. Mr. Harbaugh seconded the motion, and it carried.

Close public hearing – 9:48 a.m.

IN THE MATTER OF COUNTY CLERK – ACCOLADE:

Howard County Clerk Mona Myers wished to publicly thank Information Systems Director Terry Tribby and Network Administrator John Templin, for their efforts in helping post election results on the County website on November 4th, 2003. Mr. Jerry Brown, a Webmaster in Marion County, offered the software program. Mr. Tribby and Mr. Templin had the program up and running in a short time. People have expressed positive comments about the program.

Mrs. Myers said Mr. Brown is working on updates to show which precincts that are coming in during the election next year. To purchase this type of software program would cost $15,000. Mr. Brown was kind enough to provide the program at no cost to the County.

IN THE MATTER OF INFORMATION SYSTEMS DIRECTOR ISSUES:

Information Systems Director Terry Tribby presented the following issues for Commissioner information and approval:

1. Court Record Internet Publishing: Mr. Tribby contacted Dox Pop, the company that handles internet access to County court records. Currently there are about 40 registered users, which resulted in approximately 25,000 hits on the site in October 2003. Mr. Tribby interpreted this is 25,000 pages of information that the internet has delivered to people requesting records. This means a savings of employee time in gathering this amount of information.

2. E-911 Dispatch Link: Information Systems has been working on establishing a link between E-911 Dispatch and the Kokomo Police Department and connection. Initially, there were several ISDN lines making the connection at a cost of $1,000 to $1,200 per month. The Kokomo Police Department server is now in production. There are just a few minor issues to resolve but Mr. Tribby did not foresee any problems. He advised that the ISDN lines might be cancelled in as little as the next two to four weeks, which will result in significant savings to the County.

3. Last week the Information Systems redesigned the Howard County Internet Website. Mr. Tribby encouraged the Commissioners to view the site and express comments.

4. Card Access System Update: Best Access Systems put the card access program on a server and the Courthouse was set up for access to the main system. Training is scheduled for Friday, November 21st. Sheriff’s Department Personnel Administrator Ree Moon designed the cards that are ready to be printed. Mr. Raver has prepared a news release to notify when the west doors will be closed to the public. Mr. Harrison recommended delaying the news release until after the test run on November 21st to make sure the card access system is working properly. Mr. Tribby will report on the status of the system at the next meeting on December 1, 2003.

5. Workstation Replacement at Courthouse: (See page 4, November 3rd, 2003 minutes, “In the Matter of Information System Manager Issues”, Item 2, for related discussion) Mr. Raver researched funding sources for money to upgrade the 22 workstations in the Courthouse. Mr. Raver and Mr. Tribby agreed that the servers could be purchased with money out of the Courthouse Renovation - Furniture and Equipment Account.

Mr. Raver made a motion to authorize Mr. Tribby to order the servers as needed to upgrade the 22 workstations located in the Courthouse to be paid out of the Courthouse Furniture and Equipment Fund. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF MAIN STREET ASSOCIATION:

Mr. Paul Wood, Director of the Main Street Association, said the Community Foundation of Howard County has an organization known as the Women’s Forum. This committee met to research what grant monies might be available for community improvement. The Women’s Forum requested Mr. Wood to ask the Commissioners and Mr. Harrison whether they would be interested in a grant proposal to purchase lights and holiday decorations for the newly renovated Courthouse. The Community Foundation is willing to help underwrite the project. Mr. Wood stated that he is in charge of writing the grant. The Commissioners recommended that Mr. Wood should be responsible for both processing and administering the grant. The funding will also provide funding to help decorate the windows of the various businesses surrounding the Courthouse Square. Because the Courthouse is the focal point of downtown, Mr. Wood stated that he would like to see the Courthouse be a part of a coordinated effort for a Kokomo Christmas.

The Design Committee and the Art Association recommend placing a single white candle in each window and white lights on the evergreen trees. General Plastics in Marion can quickly put together a package that will meet the funding availability of the Community Foundation. Mr. Wood has checked with a couple of people to provide hoists for putting the lighting in the trees at no cost to the County. Mr. Harrison said a major problem exists with running electricity to the candles. Most of the electric outlets are only designed for computer equipment and not located close to the windows. Mr. Wood was willing to walk through the building with Mr. Harrison to assess the availability of electricity. Various decorating alternatives were discussed involving white lighting. Mr. Bagwell suggested the lawn ornaments that were purchased by the Maintenance Department over the past several years could be displayed at Howard Haven.

Mr. Raver made a motion to authorize the Main Street Association to pursue a holiday decoration program for the Courthouse in cooperation with the building and grounds superintendent. Seconded by Mr. Harbaugh, the motion 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 November 17th, 2003 in the amount of $92,649.01 were approved on a motion made by Mr. Harbaugh, seconded by Mr. Raver, which carried.

2. Commissioner’s Salary Claims for hourly, salary, and overtime payable for November 21st and November 28th (payable November 26th) 2003, were approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, and it carried.

3. Additional Appropriations, Reductions, and Transfers to be considered at the Council meeting on November 25th, 2003 were presented for Commissioner information.

4. A copy of the Soil and Water Agenda and Minutes was provided to the Commissioners.

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

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

1. A claim was presented from Assistant County Attorney Brian Oaks for monthly office expense from September through November 2003 in the amount of $330.00. Mr. Harbaugh made a motion to approve payment of the claim. Seconded by Mr. Raver, the motion carried.

2. A claim was presented for services rendered by Barnes and Thornburg through the month of September 2003 to the Civic Center Board for work in connection with Forms 990, 872C (forms that are filed with the I.R.S.) in the amount of $465.30. Mr. Raver made a motion to approve payment, seconded by Mr. Harbaugh, and it carried.

3. Chrysler Bond Issue: (See page 7, November 3rd, 2003 minutes, “In the Matter of County Attorney Issues”, Item 3, for related information) On Wednesday, November 12th, 2003 a joint meeting was held with the County Council, Redevelopment Commission, and the Redevelopment Authority regarding refinancing the Howard County Economic Development Income Tax Revenue Bonds of 1996. Mr. Chris Johnston of Crowe Chizek sent an engagement letter requesting the Commissioners to approve Crowe Chizek and Company LLC as the financial advisor for this project. The fee to be paid to them will come out of the bond proceeds. Attorney Murrell anticipates having an engagement letter at the next Commissioners’ meeting from Barnes and Thornburg requesting approval to be the bond counsel for this project.

Mr. Harbaugh made a motion to approve the engagement letter for financial services from Crowe Chizek and Company LLC and authorize the President to sign on behalf of the Board. Mr. Raver seconded the motion, and it carried.

Mr. Raver made a motion to approve the engagement letter for escrow verification and authorize the President to sign on behalf of the Board. Seconded by Mr. Harbaugh, the motion carried.

Mr. Raver made a motion to engage Barnes and Thornburg as the bond counsel pending a written engagement letter to be approved at the December 1st, 2003 meeting. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF COMMISSIONER ISSUES:

##

## GOVERNMENT BUILDING NAME CHANGE: Mr. Raver addressed the County said throughout the years there has been a lot of misunderstanding about the name of the building located at 120 East Mulberry Street. Mr. Raver completed extensive research of minutes back to 1982. Due to inflation, interest rates, and high unemployment statistics, the building set empty after being purchased by the County around the year of 1975. The name on the exterior of the building is the Howard County Governmental Offices but Mr. Raver was unable to find any official action to establish the name. Mr. Raver suggested taking action to officially establish the name to the Howard County Government Center.

After a discussion, a motion was made by Mr. Raver, seconded by Mr. Harbaugh, and carried, to officially name the building at 120 East Mulberry Street, the Howard County Government Center.

Office Holders and Elected Officials will be notified in writing regarding the official name change and to work with Maintenance Superintendent Tom Harrison to install the proper signage.

There being no further business before the Board at this time, Mr. Harbaugh made a motion to adjourn. Mr. Raver seconded the motion and it carried. The meeting closed at 10:50 a.m.

THE HOWARD COUNTY BOARD OF COMMISSIONERS

___________________________________________

BRADLEY J. BAGWELL, PRESIDENT

___________________________________________

JOHN B. HARBAUGH, VICE PRESIDENT

___________________________________________

PAUL J. RAVER, MEMBER

ATTEST:

__________________________________

MARTHA J. LAKE, AUDITOR

Commissioner Minutes, November 17, 2003