HOWARD COUNTY BOARD OF COMMISSIONERS MEETING AUGUST 18, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, August 18, 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 August 4th, 2003 were considered. There being no additions or corrections, Mr. Raver made a motion to approve the minutes as submitted. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF SPECIAL COMMISSIONER REMARKS AND RECOGNITIONS:

There were no special remarks or recognitions made 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. Bridge Report:

a. The bridges on 560 West and 594 West were opened the day before school began.

b. The bridge on 300 North in the eastern part of the county that was closed for repairs might be reopened on Wednesday, August 20th.

c. The bridge on park road near Jackson Morrow Park will be closed next Monday. Mr. Cain anticipates having the repair work finished in approximately 1-1/2 months, before the next phase of the Dixon Road Project begins. If the repairs are delayed too long, it will cause adversity when the State begins the work to make improvements to State Road 26.

2. Storm Damage Update: (See page 1, July 21st, 2003 minutes, “In the Matter of Highway Issues”, Item 2, a. through d., for related information) A lot of progress has been made regarding flood damage, except for a few minor details. Mr. Cain proposes to review all the areas that were repaired to make sure there are no other details to finish. He is currently working on the necessary paperwork to receive reimbursement from F.E.M.A. for storm damages.

3. Update on Road Work Projects: The paving project is nearly finished. There is only one more block to pave. This year’s Chip and Seal Project is approximately three fourths complete. If there is time before winter, the trees will be trimmed back from the road right-of-ways.

4. Proposed New Vehicles and Equipment: Mr. Cain advised that his department is in need of a new backhoe. He will address the bidding process later this year. Anticipated possible long term purchases include a new truck for the chip and seal process and maybe a new mower. One of his main priorities is to keep the trucks running to meet the County’s upcoming snow plow needs.

5. Mr. Harbaugh commended Mr. Cain’s excellent work in maintaining the county’s roads. Preventative maintenance plays a key issue in keeping the roads in good condition. Mr. Cain receives numerous phone calls from people regarding the chip and seal procedure. The roads may appear to be in good condition with no visible cracks, but Mr. Cain stated, “If you wait until you can tell its bad then it’s too late. If you loose your roads again you are not going to get them back.”

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

Sheriff Marshall Talbert presented the following issues for Commissioner information:

1. Jail Report for month of July: Sheriff Talbert did not have the jail report and advised he would deliver it to the Commissioners’ mailboxes. The inmate population is currently 260. Several inmates will be sent to the Department of Corrections today, which will decrease the population to about 250.

2. Sheriff Talbert met with a F.E.M.A. representative twice last week to complete the paperwork for reimbursement for automobile repairs and overtime resulting from the recent flood. Auditor Martha Lake advised that Phil Thatcher is also working on the claims for those losses.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Emergency Management Office Repairs:

a. The County is responsible to pay a $2,500 deductible fee for the Government Building insurance claim related to flood damages.

b. New emergency radio equipment will be arriving soon for the Emergency Management Office. Before the equipment arrives, new floor tile needs to be installed as soon as possible. Carpet needs to be placed on the walls near the radio equipment in order to prevent resonance when they are being used. There is too little time to wait on the payment from the insurance company and so Mr. Harrison has requested $8,775 out of the Cumulative Capital Development Fund (CCD) for the tile and carpet installation. The cost for the total floor replacement is $26,000. Auditor Lake suggested appropriating the money, keep a record of the expenditures, and then put the money from F.E.M.A. and the insurance company back into the proper funds.

Because the radio equipment is necessary for City and County emergency notification, the County Council appropriated $16,700.00 out of the Courthouse Furniture and Equipment Fund on July 22nd for an immediate purchase. The money will be appropriated back into the Courthouse Furniture and Equipment Fund.

2. Courthouse Update:

a. Three tables and twelve chairs have been delivered to the lower level near the vending machines.

b. Mr. Harrison is waiting on the results from the air quality and mold testing in the Adult Probation Office. Some work needs to be done to achieve better air circulation in this area.

c. Contractors agree that the present air conditioning in the Superior II Courtroom is not adequate to meet the needs of the department. A larger air conditioning unit is being considered.

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

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

3. Flood Mitigation Issues: Last week some assistance was received from F.E.M.A. and the State Building Inspector’s Office to conduct a flood damage survey for Kokomo and Howard County. More homes have been identified as substantially damaged. The buy out list for homes in the floodway is increasing.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

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

1. United Way/Day of Caring: Administrative Assistant Vickie Hinkle advised that following a series of meetings, the United Way drive will begin in October. Individual office presentations are not proposed; it will be a matter of providing information to employees.

At this time, she requested approval to distribute a memorandum to office holders to post information on the annual “Day of Caring” scheduled for Saturday, September 6th. The memo notifies employees of an opportunity to participate in this Day of Caring by donating time to community projects or donating blood during the coordinated blood drive. Incorporated in the memo will be information regarding the plans for the County United Way drive for this year

Martha Lake said although she serves as the C.E.O. (the main contact for United Way) it is actually Vickie Hinkle and Konny Zurcher who coordinate the United Way effort. Mrs. Lake commended them for their dedication and hard work.

Mr. Raver made a motion to authorize the posting of the United Way and Day of Caring Memorandums as requested. Mr. Harbaugh seconded the motion, and it carried.

2. Health Insurance Changes: Miles and Finch Insurance Representative Doug Heath stated that the County Insurance Committee continually reviews the process and claims on a monthly basis. The claims are such at this point that the County must make some minor modifications to the plan. Within the next 60 days, Anthem should have some renewal projections available for the claim year that will become effective February 1st, 2004. The Insurance Committee made the following recommendations to become effective September 1st, 2003:

· Office Visit Co-pay $25.00

· Maximum Out-of-Pocket:

o $2,000 per Person/$4,000 per Family In Network

o $4,000 per Person/$8,000 per Family Out-of Network

· Specific Maximum Reinsurance increased to $2,000,000.

Mr. Harbaugh commented that everybody is aware that health insurance continues to increase and Howard County is not immune. He said, “The health insurance program is designed not for day to day payment of all the bills. It’s designed to offset disaster on the part of an employee.” Mr. Harbaugh made a motion to approve the changes recommended by the Insurance Committee, effective September 1st, 2003. Seconded by Mr. Raver, the motion carried.

Personnel Administrator Wanda McKillip stated, as of today a notice of the changes will be distributed to employees.

4. State of Indiana Deferred Compensation Plan (ING): (See page 4, August 4th, 2003 minutes, “In the Matter of Personnel Administrator Issues”, for related discussion) At the previous meeting the Commissioners were presented with information regarding PERF voluntary pre-tax contributions and a “Resolution For Employer Participation In The Pick-up Of Additional Employee Contributions” to be approved by the County Council.

Mr. Raver made a motion to forward the Resolution For Employer Participation In The Pick-up Of Additional Employee Contributions to the County Council, recommending adoption of the voluntary pre-tax contribution plan. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF COURTHOUSE RENOVATION PROJECT:

Mr. Raver together with Mr. Harrison presented the following updates:

· The new furniture has been delivered.

· As Mr. Harrison mentioned earlier, a larger fan coil is proposed for Superior II and better air circulation in the Adult Probation area in the basement.

· There is no new information to report on air quality and mold tests. I.O.S.H.A. collected samples on August 5th, 2003. A representative from Professional Services Industries, Inc. (PSI) collected an impartial indoor air quality survey and conducted further testing.

· Terstep needs to make some minor adjustments to a few doors. Mr. Harrison continues working on the proper signage for the doors.

· Contractors are working on gathering up building materials and supplies.

· Concrete was poured for the sidewalks last week. Terstep Inc. is responsible to grade and seed the lawn.

IN THE MATTER OF DARROUGH CHAPEL SEWAGE ISSUES:

Resolution No. 2003-BCC-15, a Resolution of the Howard County Board of Commissioners Requesting Taylor Township Regional Sewer District to Include Darrough Chapel within its Boundaries.

Mr. Bagwell asked if there was anyone present concerning the Darrough Chapel Sewage Issue.

Sharon Johnson, 2425 E. Foster Street, inquired as to the intent of today’s discussion and action. Mr. Bagwell explained that the Commissioners were proposing to take action on a resolution requesting the Taylor Township Regional Sewer District to consider taking immediate steps to include the Darrough Chapel Community within its jurisdiction.

Mr. Cliff Bolton, 2801 E. Markland Ave., asked if anyone has conducted an on-site study to determine where the health hazards are specifically located. Mr. Bolton referred to the statement in the Board of Health letter that 14 homes have septic systems that are not in compliance. He said that represents less than 10% of the community and questioned how many of these homes could be connected to the city sewer system. Mr. Bagwell said those homes might be located close to the sewer system but the problem is that the City will not allow connection. The City has a policy that connection would be for all of them or none of them. Mr. Bagwell said the Commissioners cannot force the City to accept those houses. The City must approve any connections onto the sewer lines.

The Board of Health letter said a public health problem has been acknowledged in the community due to sewage discharges. The letter stated that, “A potential for disease caused by sewage contamination and for West Nile Virus carried by mosquitoes which breed in sewage contaminated water exists”. Mr. Bolton asked if there truly is a West Nile Virus problem or if the possibility is being used to bring attention to the issue? Mr. Bagwell said he was aware that there is a potential health hazard for the West Nile Virus and suggested that Mr. Bolton refer his question to the Board of Health.

Mr. Bolton said it was stated that the City has a taxing process to generate a funding source for sewer projects. He said the community has asked the City to annex them but was told there was no money to install a sewer system. Mr. Bagwell said it also depends on whether the City has an interest to annex that area. If the area is annexed, a lot of other things need to happen such as compliance with city standards. Mr. Bolton commented that all the residents’ care about is hooking onto the sewer system. The street improvements, sidewalks, and streetlights could be pushed a few years behind. Mr. Bagwell reiterated that the Commissioners do not have the authority to control the city’s requirements.

Mr. Raver asked if there has been an official petition requesting annexation. Mr. Bolton said, upon a preliminary evaluation of the issue, they were told there was no need for a petition because the City does not have the funding. Mr. Harbaugh speculated that the City might not be interested in annexing an area where the taxes do not add up enough to be a benefit. Mr. Bagwell reiterated that the City would incur a lot of expense to bring the area up to city standards.

Mr. Bolton asked if the comments in the newspaper regarding the Darrough Chapel area being declared a health hazard were submitted as a means for the Commissioners to take the necessary action to get the community connected to a sewer system. Mr. Bagwell clarified that the comment was, “Now that the Board of Health has declared it a health hazard, it is now a means for us to move on.”

Jim Ferguson, 1121 S. Lewis Street, said he has lived in Darrough Chapel for seven years and has not heard of anyone getting sick as a result of sewer problems. Mr. Ferguson asked if the Commissioners plan to appoint someone from the Darrough Chapel community to serve on the Taylor Township Regional Sewer District Board. The Resolution does not ask Taylor Township to do so. Mr. Bagwell explained that the District has involved representatives from all over the community. If the Taylor Regional Sewer District takes over this jurisdiction, they would need representation from Darrough Chapel as a part of that district. Mr. Ferguson suggested that Mr. Cliff Bolton should serve on the Board.

Donald Young, 919 S. Clark Street, asked who requested Darrough Chapel to be included in the Taylor Sewer District. Mr. Bagwell said the request generated from the Board of Health’s recommendation. In order for that to happen the Commissioners must request Taylor Township to take over that jurisdiction.

There were questions and miscellaneous comments on how the Conkle Pontiac Superstore at 2828 E. Markland Ave. was allowed to connect onto the City Sewer system. Mr. Bagwell replied that the Commissioners were not involved in that project.

Mr. Young was concerned about costs and encouraged the County to use the bidding process. Mr. Bagwell explained that the bidding process must be used and expense and time are involved in establishing a sewer district. If Taylor Regional Sewer District accepts Darrough Chapel, the costs are minimized by not having to establish a new sewer district. Mr. Harbaugh commented that the Commissioners putting forth their best efforts to try to offset the costs to the residents in resolving the sewage issue.

Resolution No. 2003-BCC-15, requesting the Taylor Township Regional Sewer District take such immediate steps as are necessary and appropriate to include Darrough Chapel within its boundaries and jurisdiction for the purpose of addressing the sewage problems existing in Darrough Chapel, was approved on a motion made by Mr. Harbaugh. Seconded by Mr. Raver, the motion carried.

IN THE MATTER OF AERIAL PHOTOGRAPHY UPDATE:

Mapping/Property Records Coordinator & Draftsman Jamie Shepherd reported that the new aerial photography for Howard County has been completed. The aerial photos were loaded onto the server and copies were provided to WTH Engineering for the E-911 Mapping Project. On behalf of Mr. Rick Kosinski, General Manager at Williams Aerial Mapping, Mrs. Shepherd presented an aerial photo of the entire county. The Commissioners remarked about the excellent resolution of the maps.

IN THE MATTER OF VACATION OF UTILITY EASEMENT, LOT 24 & 25 CHAMPAGNE SHORES SUBDIVISION, SECTION 11:

(See page 7, July 7th, 2003 minutes, “In the Matter of Vacation of Utility Easement”, for related discussion)

Scheduled Public Hearing – 9:30 a.m.

Vacate Utility Easement

Mr. Tom Harrold, owner of real estate Lot 24 and Lot 25 in Champagne Shores Subdivision, Section II, was unable to attend the hearing. Mrs. Cindy Stevens, a prospective buyer of the properties, represented the petition on behalf of Mr. Harrold. Mr. and Mrs. Stevens propose to construct a house between the two lots that are separated by the drainage and utility easement. Letters were obtained from the utility companies stating there were no objections to vacating the easement. All of the adjacent property owners had been notified of the hearing.

An Ordinance had not been prepared to vacate the easement. Mr. Bagwell advised Mrs. Stevens that the proper ordinance for vacation of the easement must be submitted for Commissioners’ signatures.

There being no questions or comments from the audience, Mr. Harbaugh made a motion to close the public hearing. Seconded by Mr. Raver, the motion carried.

Close Public Hearing – 9:47 a.m.

Mr. Harrold will be informed to return to the Board with the necessary ordinance in order to complete this request.

IN THE MATTER OF HOWARD HAVEN COUNTY HOME:

Interim Co-Managers Joyce Colburn and Deborah France presented a progress report and submitted applications for two prospective residents for Commissioner review. Ms. France stated that the applicants were aware of the ninety-day probationary period and a potential exists that the facility might be closed by November 30th, 2003. The facility has seven to ten residents with the capacity to house six more.

An additional person did not submit an application in time for the ARCH beds but she is the first person placed on the ARCH Program waiting list. Ms. Colburn and Ms. France attended a County Home Association meeting in Boone County on Friday, August 15th. Ms. Colburn said representatives from the State Office Arch Program promised that 34 beds would become open on September 1st. Ms. Colburn advised there are other community organizations working on obtaining ARCH applications. Letters were sent to churches and organizations requesting volunteers to help with activities such as crafts, music, and hairstyling.

Ms. France and Ms. Colburn propose to vacate their staff bedrooms and relocate to the second floor. The staff bedrooms, having complete bathrooms, are being considered to house married couples that do not wish to be separated.

Center Township Trustee Jean Lushin commended the efforts of Ms. Colburn and Ms. France. He said they have done a wonderful job in the short time they have been managing the facility. He said there is a definite need for this type of facility in our community. A round of applause followed Mr. Lushin’s comments.

Two applications for admission to the Howard Haven Home were submitted on behalf of the following people:

1. Fannie Belle Kendrick who currently resides at Windsor Estates. She was accepted on the ARCH Program. The only item needed is a release from her doctor who was out of town last week. Mr. Raver made a motion to accept the application to Howard Haven Home for Fannie Belle Kendrick for a ninety-day probationary period pending approval from her physician. Mr. Harbaugh seconded the motion, and it carried.

2. Gretchen Matise submitted an application on a self-pay basis. Mr. Raver 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. Harbaugh, the motion carried.

IN THE MATTER OF REQUESTED GRANT – SHERIFF DEPARTMENT:

(See page 7, August 4th, 2003 minutes, “In the Matter of Requested Grants – Sheriff Department”, for related discussion)

Sheriff Deputy Jerry Asher conducted a presentation at the previous meeting for a grant that would accommodate the purchase of travel safety equipment. The details of the Department of Transportation National Highway Safety Travel Grant were discussed at the previous meeting.

Mr. Harbaugh made a motion to confirm President Bagwell’s signature on the grant. Mr. Raver seconded the motion, and it carried.

# Unscheduled Public Hearing

(Advertised Time – 8:30 a.m.)

IN MATTER OF UTILITY EASEMENT VACATION – ORDINANCE NO. 2003-BCC-37:

Attorney J. Conrad Maugans submitted a petition on behalf of his clients, Billy and Mildred Middlesworth, to vacate the fifteen (15) foot easement along the east line of Lot 23 in Deer Knoll Planned Unit Development, Section 3. Mr. Middlesworth proposes to install a septic system in the easement.

Due to a misunderstanding, Attorney Maugans had not previously asked the Commissioners to schedule a public hearing. However, the case was properly advertised and the adjoining property owners were notified of the hearing. Letters were sent to the utility companies and there were no objections to vacating the easement. Attorney Maugans requested authorization to proceed with an unscheduled public hearing. County Attorney Larry Murrell advised the action of scheduling a hearing is basically a technicality. He said if the petitioners could live with this flaw in the proceeding, then the Commissioners should be able to take action on this petition.

No one in the audience had questions or comments. Mr. Raver made a motion to close the public hearing. Mr. Harbaugh seconded the motion, which carried. Ordinance No. 2003-BCC-37 was approved on a motion made by Mr. Harbaugh, seconded by Mr. Raver, and carried.

IN THE MATTER OF COURTHOUSE RENOVATIONS:

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

· The sidewalk along the south side of the building has been repaired and the contractor will be seeding the disturbed area.

· The air conditioning has been installed and is operating in Communications Room.

· The contractor will finish up the security room this week.

· Tom Harrison will be contacted regarding training on cutting cards for the door access system.

· The following Construction Change Directives (Change Order No. 11) were submitted for Commissioner approval:

Change Dir. Location/

Number Department Work Total Cost

1 Prosecutor’s Office Revisions $ 4,369.00

2 Clerk’s Area Casework revisions $ 1,085.00

3 Room 203 Additional electrical power & data $ 944.00

4 Second Floor 14 new doors & frames $ 8,452.00

5 Probation, Drug Task Force, Additional carpet & paint $50,605.00

& Superior I, II, III Courts

6 Clerk & File Room Additional receptacles & lighting $2,175.00

8 Voter Registration & Drug Alcohol Additional electrical work & $1,600.00

Flooring changes $3,655.00

9 Rooms 328, 325 & 154 Additional electrical power & data $1,486.00

10 CASA Carpet, patch & paint $6,149.00

11 Throughout Building Electrical, data, & phone $7,141.00

Total $87,661.00

There are three (3) remaining items of work that need to be accomplished. (See page 4 - 5, July 21st, 2003 minutes, “In the Matter of Courthouse Renovation”, for related discussion).

· The Commissioners previously approved replacement of the six water coolers in the building.

· The ductwork in the Superior II area is still being evaluated because there is more work involved than originally anticipated. The contractor has been asked for an air balance report in order to determine how much air is getting out of the air handler through the duct system.

· Work is in progress on the video security monitoring system in the holding cell that failed to work. Mr. Bassett has instructed the Contractor to obtain a proposal for this work.

· A plan was mentioned earlier to change out the beds and put benches in the holding sell. Mr. Bassett stated that the Sheriff’s Department is responsible for this project.

Mr. Harbaugh made a motion to approve Change Order No. 11 as presented in the amount of $87,661.00. Seconded by Mr. Raver, the motion carried.

IN THE MATTER OF ROAD 400 NORTH PROJECT – PURCHASE OF PARCELS:

(See page 8, August 4th, 2003 minutes, “In the Matter of Road 400 North Project – Purchase of Parcels” for related discussion)

Mr. James Hamilton from Butler, Fairman and Seufert, submitted one final right-of-way parcel designated to be purchased for the 400 North Project. Mr. Hamilton requested authorization to proceed with purchasing Parcel Number 3.

Mr. Raver made a motion to accept and authorize the purchase of Parcel Number 3 and authorize the President to sign on behalf of the Board. 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. Operating claims payable on August 18th, 2003 in the amount of $91,660.58 were approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried.

2. Commissioner’s Salary Claims for hourly, salary, and overtime payable for August 22nd, and August 29th, 2003 were approved on a motion made by Mr. Harbaugh. Mr. Raver seconded the motion, and it carried.

3. Additional Appropriations to be considered at the Council meeting on August 26th, 2003 were presented for Commissioner information.

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

(See page 8, August 4th, 2003 minutes, “In the Matter of Attorney Issues”, Item 7, for relate discussion)

County Attorney Larry Murrell received the revised Lattice Communications First Amendment to Lease Agreement from Lattice Communications for the President’s signature. Mr. Bagwell initialed and signed the documents where indicated.

IN THE MATTER OF COMMISSIONER ISSUES:

1. County Commission on Public Records: Mr. Raver said, by statute every county is supposed to have a County Commission on Public Records. The County Clerk is responsible to call the meeting at least once a year to go through the process of evaluating records and determining what needs to be destroyed. The last meeting was held on October 5, 1998. The County is accumulating a lot of paperwork that has no historic value or a reason to keep after three years. Mr. Raver has been working on this issue with Clerk Mona Myers. Last week Mrs. Myers contacted the State Commission for advice on how to proceed. She is currently composing a list of people to serve on the committee.

2. An Executive Session may need to be scheduled soon to address the 400 North Road Project.

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 10:45 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, August 18, 2003