HOWARD COUNTY BOARD OF COMMISSIONERS MEETING SEPTEMBER 2, 2003

The Howard County Board of Commissioners met in Regular Session on Tuesday, September 2, 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 and Auditor Martha Lake. Personnel Administrator Wanda McKillip was unable to attend the meeting.

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

The minutes of the last regular meeting held on August 18th, 2003 were considered. There being no additions or corrections, Mr. Harbaugh made a motion to approve the minutes as submitted. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF HIGHWAY ISSUES:

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

1. Purchase of New Backhoe: Mr. Cain requested approval to entertain quotes from three different sources to accommodate the purchase of a new backhoe. The initial cost is estimated to be under $75,000 which would include the amount of the trade-in. The quotes would be due on September 26th or earlier.

Mr. Raver made a motion to authorize Mr. Cain to obtain three quotes for a new backhoe at a cost less than $75,000. Mr. Harbaugh seconded the motion, and it carried.

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

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

1. Case 26-CP-03 – one (1) lot in Foster Ridge Subdivision located at 2651 South 700 West was approved on a motion made by Mr. Raver. Seconded by Mr. Harbaugh, the motion carried.

2. Case 21-CP-03 – one (1) lot in Oakbrook Centre Subdivision located at 3409 South 200 West was considered. Mr. Harbaugh made a motion to approve Case 21-CP-03. Mr. Raver seconded the motion, and it carried.

3. Unsafe Buildings: There was no new information presented.

4. Flood Mitigation Issues:

a. Mr. Boise is currently working on submitting an application to submit to F.E.M.A. to buy-out homes located in the floodway. A multi-year program is proposed due the high costs involved with the process. Five (5) buildings located in the floodway were substantially damaged by the recent flooding and are not permitted to rebuild. Two (2) of those homes have flood insurance that will pay only the cost to have the homes torn down. Two (2) other homeowners were told that their homes were not located in a flood plain and they do not have flood insurance. One home is owned by generations of the same family for about 75 years. They were unaware the home was located in the flood plain.

Mr. Boise suggested inviting the Townships to get involved by contributing money to buy out homes. An inquiry was made by Mr. Raver as to whether the homeowners and/or their mortgage companies would be willing to settle for a lesser amount of money in order to get free of the responsibility. Mr. Boise said he has not explored this possibility.

Mr. Harbaugh made a motion to take this issue under advisement until the September 15th, 2003 meeting. Seconded by Mr. Raver, the motion carried.

b. Scheduled Public Meeting: As part of the process to apply for Federal Grants, Mr. Boise explained that a public meeting is required to discuss the plans. In cooperation with the City Government, Mr. Boise scheduled a presentation on September 17th, 2003 in Kokomo City Hall. In correlation to the process, a motion was made by Mr. Raver to schedule a public meeting on Wednesday, September 17th, 2003 at 6:00 p.m. in the Neal Council Chamber in Kokomo City Hall. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUE:

Sheriff Marshall Talbert commented that the mapping software has been very beneficial to the Sheriff’s Department. The software has been installed in local laptop computers and it is being used at the Dispatch Center. The Sheriff thanked the many people who worked hard on completing the mapping project.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. The county b uildings survived the water from the recent heavy rainstorm. There were no reports of water damage and Mr. Harrison hopes that former water problems have been resolved.

2. Card Reader Access System Issue: Last week maintenance personnel went to the Criminal Justice Center for training to print cards for the card access system in the Courthouse. However, the computer with the card system program was not available. Mr. Harrison talked with Mrs. Ree Moon who contends that her system might not always be conveniently available for this task.

Mr. Harrison said it was earlier stated that it would cost about $40,000 for installation of a new card system in the Courthouse. Information Systems Manager Terry Tribby discovered that Best Access Systems would install the necessary equipment on a 36-month lease at a cost of $198.13 per month for a total of $7,200. The same equipment could be purchased at a cost of $6,455.90. Mr. Harrison stated it would be more economical to purchase the equipment than to lease it. The system would allow the server software to be moved and includes licensing, double side printer, and four hours of training. Purchase of the equipment would take out the inconvenience of having to go to the jail and of scheduling time with Mrs. Moon for assistance. Mr. Tribby stated that Diana Donnell in the Maintenance Department at the Courthouse would be responsible for the computer and printing the cards.

Various sources of funding were discussed. Mr. Raver made a motion to authorize the purchase of the card reader access equipment from Best Access Systems as presented in the amount of $6,455.90 to be paid for with Courthouse Renovation Equipment Funds. Mr. Harbaugh seconded the motion, which carried.

3. Courthouse Building Issues:

a. Water Coolers: (See page 4 - 5, July 21st, 2003 minutes, “In the Matter of Courthouse Renovations”, Item 1, for related discussion) Mr. William Bassett previously indicated there was a problem relating to installation of the new water fountains. The issues were resolved in a meeting last week attended by Mr. Harrison, Mr. Bassett, Quality Plumbing and Heating, Mr. Raver, and Terstep Company, Inc.

b. Clerk’s Office: County Clerk Mona Myers advised Mr. Harrison that she is not getting any cool air in her office. Mr. Harrison conveyed this problem to Mr. Bassett.

c. Superior II: The air is not cooling well in the Superior II area. There is a question whether the air conditioning unit is large enough and concerns about holes in the ductwork. Mr. Bassett has taken this problem under advisement since the beginning of the summer season.

4. Government Building Air Quality Testing: A previous air quality test resulted in a “LOW” range which means there was no problem with the air quality. The wet summer season has possibly increased the areas of mold on pipes, particularly around the valves for the air conditioning units. Mr. Harrison felt it is time to reassess the air quality and said something needs to be done soon or the situation could get out of control. Mr. Harrison contacted Terstep Company, Inc. about finding someone to do the testing. Approximately one year ago an estimate was obtained in the amount of $38,000. To accommodate increased costs, an additional 20% should be added to the estimate. Mr. Harrison proposes to request a total of $48,000 out of the Cumulative Capital Fund during the month of September for this project. He hopes to have a couple of other estimates available at that time. The project would take about two weeks to complete.

Mr. Harbaugh made a motion to request an appropriation of $48,000 out of the Cumulative Capital Fund for the air quality testing and replacement of pipes in the Government Building. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

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

1. Purchase of New Computers for Adult Probation: Chief Adult Probation Officer Gary Conwell asked Mr. Tribby to obtain a quote to replace 13 computers. The present computer equipment is outdated and has problems regarding frequent lock ups and loss of programs. Mr. Tribby put a configuration together to switch from word processing systems to Microsoft Word, which is an established standard with County Government.

Mr. Conwell inadvertently approached the Council ahead of time with this request. He apologized to the Commissioner for getting the “standard procedure” out of sequence. A quote was obtained from Dell Computer Company to replace all of the computers in his office and the Drug and Alcohol Division in the amount of $16,247 to be paid out of Account 105 User Fees. The County Council has already approved the funds and Mr. Conwell requested approval from the Board of Commissioners for purchase.

Mr. Raver made a motion to authorize Information Management Systems and Adult Probation to proceed with the purchase of 13 new computers from Dell Computer Company in the amount of $16,247 to be paid out of Account 105 User Fees. Seconded by Mr. Harbaugh, the motion carried.

3. Panic/Duress Security Buttons Update: Training will be conducted on the new system this afternoon. The duress buttons will be set up very soon.

4. Video Monitoring System: The original cameras in the jail area are not functional with the new system installed in the Courthouse. Huston Electric, a subcontractor of Terstep Company, Inc., is working on obtaining quotes to replace the cameras. Huston Electric has been asked to adjust the security cameras inside the building because the images viewed recently were not as clear as the images from the exterior cameras.

IN THE MATTER OF COURTHOUSE ISSUES:

Mr. Raver presented the following updates:

o Captain Vincent is composing a list regarding a few minor issues in the prisoner-holding cell in the basement. He is also working on getting information on a bench for the prisoners to sit on. (Also see page 4, attached, “In the Matter of Courthouse Renovations” for related discussion)

o Professional Services Industries, Inc. (PSI) collected air samples in the basement of the building, in particular the Adult Probation Office. Ms. Janet Stamper from PSI participated in a walk-through evaluation with Mr. Raver, Mr. Harrison, and some of the Adult Probation Staff. Ms. Stamper distributed questionnaires and interviewed the employees. Most of the employees rated their job as being highly stressful. Ms. Stamper has indicated that stress levels can cause other health problems that could easily be blamed on air quality. The report stated that the testing was accurate, however only a couple of types of mold were tested. The initial assessment concludes that additional testing is warranted at a contract cost of $3,962.

A motion was made by Mr. Harbaugh to authorize Professional Services Industries, Inc. to conduct further air quality testing at a cost of $3,962. Seconded by Mr. Raver, the motion carried. This further testing process will be paid for with Courthouse Renovation Funds.

o Mr. Raver reported that he has not received any information regarding the air samples collected by I.O.S.H.A. on August 5th, 2003.

IN THE MATTER OF RECORDER’S SOFTWARE PROBLEMS ISSUE:

(See page 6, June 16th, 2003 minutes, “In the Matter of the Recorder’s Office”, Item 3, AND page 4, July 7th, 2003 minutes, “ In the Matter of Information Systems Manager Issues”, Item 4, for related discussion)

Recorder Linda Koontz, together with Information Systems Manager Terry Tribby researched different software companies to help resolve the ongoing imaging problems. Mrs. Koontz explained when the report is printed during the archive at the end of the day, images are sometimes omitted from the records. The images are sent t o graphic sciences on a monthly basis to be converted to back-up film. Mrs. Koontz is concerned that if a fairly new image is scanned and the original is sent back, it is possible that the image will not be retrieved. In order to resolve this problem, Mrs. Koontz recommends choosing a new software company that has OCR Technology and E-Recording. This technology greatly miminalizes the time it takes to record documents.

Discussion ensued whether to go out for bids or Request for Proposals (RFP’s). A determination was made that the use of competitive bidding is not practical or advantageous. In regard to practicality, it is almost impossible to write specifications for this package to accommodate a bid process. Mr. Bagwell commented that if specifications were written, the specifications would have to be written specifically for just one company. Mrs. Koontz said that requirements could be written to identify the problems that need resolved and the capabilities that the system should have.

Mr. Raver made a motion to find that the use of competitive sealed bidding is not practical or advantageous for this application of purchasing the imaging software program for the Recorder’s Office and therefore proceed to process a Request for Proposals. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF PETITION TO VACATE UTILITY EASEMENT, LOT 2 & PART OF LOT 3 WESTPOINT SUBDIVISION, SECTION I:

Mr. Ronald DeGraaff, 604 N. Hickory Lane, owner of real estate Lot No. 2 and part of Lot No. 3 in Westpoint Subdivision, Section I, submitted a letter requesting vacation of a utility easement in order to build an attached garage. Mr. DeGraaff notified the utility companies in writing and they responded that there are no objections to vacating the easement. Mr. William E. Jewell, 700 N. Hickory Lane, adjoining property owner to the north, was notified and he did have any objections.

Mr. DeGraaff was informed that the State Statute requires filing a formal petition, advertising, notification to adjacent property owners, and scheduling a public hearing.

A public hearing was scheduled for October 6th, 2003 at 9:30 a.m. on a motion made by Mr. Harbaugh. Mr. Raver seconded the motion, which carried.

IN THE MATTER OF VACATION OF UTILITY EASEMENT, LOT 24 & 25 CHAMPAGNE SHORES SUBDIVISION, SECTION II:

(See page 4, August 18th, 2003 minutes for related discussion)

Mr. Tom Harrold, owner of real estate Lot 24 and Lot 25 in Champagne Shores Subdivision, Section II, presented Ordinance No. 2003-BCC-38, a Petition to Vacate Utility Easement. The public hearing was properly advertised and the adjoining property owners were notified of the hearing. Letters were obtained from the utility companies stating there were no objections to vacating the easement. Prospective buyers propose to construct a house between the two lots that are separated by the drainage and utility easement.

There being no objections to vacating the easement, Mr. Harbaugh made a motion to approve Ordinance No. 2003-BCC-38. Mr. Raver seconded the motion, and the motion carried.

IN THE MATTER OF COURTHOUSE RENOVATIONS:

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

v Five surveillance cameras need to be replaced in the new holding cell area as noted on Item No. 38 of the Request for Proposals Tabulation Sheet at a cost of is $6,031. Due to the change in technology, the old cameras are not compatible with the newly installed system.

Mr. Raver made a motion to approve the Request for Proposals No. 38, replacement of five surveillance cameras in the new holding cell area in the amount of is $6,031. Seconded by Mr. Harbaugh, the motion carried.

v There is one outstanding item, which is the Request for Proposals Tabulation No 37, Replacing Ductwork in Superior Court II. Mr. Bassett anticipates having more information on this item in the next two weeks. The remaining paperwork will be finished on the change orders and final applications.

v Operating manuals for all of the equipment will be delivered to Maintenance Superintendent Tom Harrison.

v The contractor has been asked to check into the cooling problems in the Clerk’s Office and Superior II Court area.

v A smoke detector located in the new holding cell needs to be moved. Mr. Raver alerted Mr. Bassett that the camera in the holding cell needs protected from destruction by the inmates.

IN THE MATTER OF JUVENILE PROBATION DEPARTMENT ASP GRANT:

(See page 6 - 7, April 21st, 2003 minutes, “In the Matter of Juvenile Probation Department ASP Grant”, Item 1, AND page 7, July 21st, 2003 minutes, “In The Matter of Juvenile Probation Issues”, Item 1, for related discussion)

Chief Juvenile Probation Officer Don Travis explained that Kokomo Center Schools provide the in-kind match by providing the staff. The grant money is used to develop a computer assisted educational program transmitted over the internet. Kids experiencing expulsion or pending expulsion will be able to contract with Kokomo Center Schools to attend this alternative program. The pilot program is anticipated to begin in January 2004, after the equipment is in place and training is completed.

The grant funds $75,000.00 each year for a three-year term. The preliminary cost for the hardware is $22,340, which is less than the original budget of $26,000. IBM equipment will be purchased to coincide with Kokomo Center School’s current equipment. Information Systems Manager Terry Tribby has reviewed the specifications for the equipment and found that the prices are very competitive to what the County has right now. The only hardware that is not included in the price is a standard black and white laser printer. Mr. Travis discussed available software options and costs. There is a $10,000 consultant fee to set up the hardware.

Mr. Raver made a motion to approve the purchase of the IBM hardware for the Alternative School Program in the amount of $22,340. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF HOWARD HAVEN COUNTY HOME:

Interim Co-Managers Joyce Colburn and Deborah France presented the following information for Commissioner information and approval:

1. Application for Admission: Rebecca L. Roberson submitted an application for admission to Howard Haven. She was verbally accepted into the ARCH Program as of September 1st, 2003. Mr. Harbaugh made a motion to accept the application to Howard Haven Home for Fannie Belle Kendrick on a self-pay basis for a ninety-day probationary period. Seconded by Mr. Raver, the motion carried.

2. Rates for Married Couples: A couple has expressed an interest in residing in the facility on a self-pay basis. Ms. Colburn and Ms. France researched current costs to house couples at various assisted living facilities in order to come up with a reasonable price for two people to move into the first floor rooms at Howard Haven. After discussion of prices, a motion was made by Mr. Harbaugh to approve a rate of $60.00 per day for self-pay couples. Mr. Raver seconded the motion, which carried. ARCH recipients would pay $27 each per day which would amount to $54.00 per day for a couple.

3. Resident Number Status: When Rebecca Roberson and Gretchen Matise move in the number will increase to ten (10) residents; five (5) females and five (5) males. Ms. France advised that two (2) Vietnam Veterans from the Veterans Administration Hospital in Marion toured the facility and were pleased with what they saw. Both gentlemen have submitted ARCH Applications in anticipation of moving in.

IN THE MATTER OF COMPLAINT IN PHLOX:

Mr. Larry Waddelow, Union Township Trustee, stated concerns regarding plans to install a septic system on property located at 10976 East 400 South in Phlox. The property contains 0.36 acre, which does not meet the minimum standard lot size for a septic system. Mr. Waddelow complained there is not adequate room to install both a septic system and a well. He was concerned about possible contamination of existing wells on adjacent properties. This property is a Lot of Record. This means that the property existed before the Subdivision Ordinance was adopted, establishing minimum lot size requirements. Mr. Waddelow protested that a septic system permit might be granted under a Grandfather Clause. He also stated concerns that the perimeter drain is proposed to be a 4-inch tile instead of the standard 6-inch tile.

The Commissioners advised that they have no jurisdiction over this issue. They advised Mr. Waddelow that the Plan Commission and Department of Health are responsible for enforcing the rules and regulations pertaining to lot size and septic systems.

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 September 2nd, 2003 in the amount of $815,041.08 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 September 5th, and September 12th, 2003 were approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, and it carried.

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

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

County Attorney Larry Murrell did not have any business to present at this time.

IN THE MATTER OF COMMISSIONER ISSUES:

Maintenance Superintendent Tom Harrison requested approval to remove a dead tree from the north lawn of the Administration Center. Mr. Harbaugh made a motion to authorize removal of the tree as requested. Mr. Raver seconded the motion, and it carried.

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 11:00 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, August 18, 2003