HOWARD COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING -

DECEMBER 29TH, 2003

A Special Meeting of the Howard County Board of Commissioners was held on Monday, December 29, 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.

The meeting was called to order by Sheriff Marshall Talbert and conducted by President Bradley J. Bagwell. Approval of previous minutes was deferred until the regular meeting scheduled for January 5th, 2004.

A moment of silence was shared to reflect on the passing of James K. Shearer, Howard County Councilman. Mr. Shearer passed away on Saturday, December 27, 2003.

IN THE MATTER OF COUNTY PROPERTY & CASUALTY INSURANCE RENEWAL:

Mr. Phil Thatcher, Miles and Finch Insurance Agency presented the renewal policy for County Property and Casualty Insurance for the year-2004. Mr. Thatcher distributed and explained an outline of the proposed coverages that, if approved, would become effective December 31st, 2003 for a one (1) year policy period. All of the property and casualty coverages would be covered by Selective Insurance Company with the exception of Gemini Insurance providing the professional liability coverage. Selective Insurance has a Rating of A+, which is the highest rating an insurance company can receive. Gemini Insurance has an A rating and is part of the AIG Group of Insurance Companies specializing in professional liability coverage.

The coverage for the most part is identical to the 2003 coverage except for an increase in the deductible on Law Enforcement Liability from $10,000 to $25,000 per occurrence. Mr. Thatcher advised that he has worked hard to try to get the deductible reduced, but it appears the only way to do that would be to raise the annual premium $40,000 to $50,000.

Mr. Thatcher also gave the County a quote on Workers Compensation Coverage that is lower than the quote received from IPEP by approximately $50,000. He is further reviewing the classification for the hospital code to determine if the Workers Compensation coverage premium can be further decreased.

Mr. Thatcher discussed additional coverages that are a part of Selective Insurance Company’s municipality program, deductible amounts, and general aggregate limits with each of the coverages. The premium summary is as follows:

Property $ 65,475

Inland Marine $ 17,862

Crime $ 4,076

General Liability $ 125,855

Law Enforcement Liability $ 144,855

EPLI $ 29,727

Public Officials Liability $ 23,273

Automobile $ 151,758

Workers Compensation $ 177,843

Total Annual Premium $ 740,277

Optional Coverages:

A) Reduce General Liability to $2,000,000 aggregate/$1,000,000

Occurrence. Reduction in premium of $7,054.

B) Reduce Law Enforcement Liability deductible to $15,000.

Additional premium of $50,000.

Mr. Harbaugh made a motion to accept the insurance coverage as submitted, excluding the optional coverages, for a total amount not to exceed $740,277.00, effective December 31st, 2003 for a one (1) year policy period. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF A COUNTY HIGHWAY ISSUE:

Mr. Ted Cain, Howard County Highway Engineer/Superintendent presented an agreement for Butler Fairman and Seufert to provide the construction inspection services for the Dixon Road Project between Greentree Lane and Alto Road.

Mr. Raver made a motion to approve the Construction Inspection Services Agreement with Butler Fairman and Seufert to provide the construction inspection services for the Dixon Road Project between Greentree Lane and Alto Road. Seconded by Mr. Harbaugh, the motion carried.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

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

1. Jail Inmate Telephone Contract: With the help of County Attorney Larry Murrell, all of the issues in the Jail Inmate Telephone Contract have been worked out with SBC Communications. The Sheriff’s Department cannot collect more money than what the Indiana Department of Corrections currently collects for inmate telephone service. The contract, in its final form, includes a $65,000.00 signing bonus; the telephone rates are set at levels that conform to state statute. Currently $12,500.00 is being taken out of the Commissary Fund each quarter to pay Deputy Scott Waymire’s salary and benefits. Sheriff Talbert would like to use the signing bonus to pay the Commissary Deputy’s annual salary and benefits in advance. The Sheriff anticipates finding a way to place Deputy Waymire in line for a permanent General Fund position when someone retires or leaves the Sheriff’s Department.

SBC Communications is the current carrier for Howard County. Attorney Murrell explained that the contract is essentially a renewal but the previous written contract is very outdated. The proposed agreement is for a three (3) year term. The schedule of rates, percentages, and commissions conform to what is currently in place with the State Department of Corrections. SBC will make monthly payments and provide an accounting record with each check issued to the Sheriff’s Department for the actual usage of the pay phones. Attorney Murrell recommended acceptance of the contract with SBC Communications.

Mr. Raver made a motion to approve the service agreement with SBC Communications for inmate pay phones for a period of three (3) years and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, which carried.

2. Audio – Video Recording Equipment: (See pages 1-2, November 3rd, 2003 and page 2, November 17th, 2003 minutes, “In the Matter of Sheriff Department Issues”, for related discussion) Sheriff Talbert presented a check in the amount of $6,000.00 from the City of Kokomo to contribute toward the purchase of the real time video equipment at the Criminal Justice Center.

3. The Sheriff’s Department received a bill from Best Access Systems for work done in correlation with the Courthouse Renovation Project. Mr. Raver accepted the bill, which is to be forwarded onto the general contractor.

IN THE MATTER OF CHRYSLER BOND ISSUE:

(See page 6, December 15th, 2003 minutes, “In the Matter of County Attorney Issues”, Item 3, for related discussion)

Attorney Murrell stated that the refinancing is scheduled to be closed tomorrow on December 30th, 2003. Among the 32 documents that needed to be signed by the Redevelopment Building Authority and Building Commission, three (3) documents required signatures by the Board of Commissioners.

Mr. Raver made a motion to approve the signing of documents, consisting of the final Official Statement, Arbitrage, Tax Representation Certificate, and the Continuing Disclosure Agreement. Mr. Harbaugh 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. Commissioner’s Salary Claims for hourly, salary, and overtime payable on January 2nd, 2004 (payable December 31st, 2003) were approved on a motion made by Mr. Harbaugh. Mr. Raver seconded the motion, and it carried.

2. Budget Estimate for E-911: The appropriations for the E-911 Budget that will be reviewed on January 5th, 2004 have met with a few changes. The newest budget estimate was distributed to the Commissioners to review before the next meeting.

3. The Weights and Measures Monthly Report for November 15th through December 15th, 2003 was accepted on a motion made by Mr. Harbaugh. Seconded by Mr. Raver, the motion 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 10:25 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, December 29th, 2003