HOWARD COUNTY BOARD OF COMMISSIONERS MEETING SEPTEMBER 15, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, September 15, 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 last regular meeting held on September 2nd, 2003 were considered. Mr. Raver made a motion to approve the minutes with the following correction:

On page 3, “In the Matter of Recorder’s Software Problems Issue”,

capitalize the name graphic sciences to Graphic Sciences.

The motion was seconded by Mr. Harbaugh, and 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. Performance Bond No. BCI 1717917 in the amount of $167,000.00 was submitted from Community Land Development, LLC and Mohr Construction Company, Inc. for the installation of storm sewer system, stone base and asphalt for street, and concrete curbs and gutter for Walnut Estates Subdivision, Section 16, in Harrison Township.

Mr. Harbaugh made a motion to accept the performance bond for Walnut Estates Subdivision, Section 16, as presented. Mr. Raver seconded the motion and it carried.

2. A Requisition to Transfer the Cumulative Bridge Fund was presented as follows:

FROM TO

APPROP. NO. ACCOUNT APPROP. NO. ACCOUNT AMOUNT

33717 Bridge # 77 32250 Rep. By Contract $ 50,000.00

33718 Bridge #105 32250 Rep. By Contract $ 50,000.00

33719 Bridge #157 32250 Rep. By Contract $ 50,000.00

33704 Bridge #159 33705 Bridge # 37 $ 37,000.00

33701 Bridge # 61 33715 Bridge # 11 $ 8,000.00

33701 Bridge # 61 33758 Bridge # 45 $ 1,000.00

33701 Bridge # 61 33777 Bridge Inspection $ 25,000.00

33703 Bridge #601 33714 Bridge # 29 $ 35,000.00

Mr. Cain said that considerable expense has been incurred as a result of the July flooding. He anticipates reimbursement from F.E.M.A. will cover a lot of the repair work. Bridges No. 77 and 105 were budgeted for the 2003-calendar year but were completed in 2002. Bridge #157 is anticipated to be replaced during the year 2004. Money from Bridge No. 61 was transferred to repair two other bridges and to pay for bridge inspections including a Federally mandated underwater inspection that will cost at least $15,000.00. Mr. Cain decided to go ahead and replace the deck on Bridge No. 29 that was already closed for flood repairs.

Mr. Raver made a motion to approve the bridge transfers as requested. Mr. Harbaugh seconded the motion, and it carried.

3. Purchase of New Backhoe: (See page 1, September 2nd, 2003 minutes, “In the Matter of Highway Issues”, for related discussion) Mr. Cain said local dealers do not sell this size of equipment. However, repair parts can be purchased locally. Mr. Cain entertained quotes from three different sources to accommodate the purchase of a new backhoe as follows:

Vendor Base Cost Cost With Trade-In

Holt Equipment - Lafayette, IN $73,500.00 $67,500.00

K & W Equipment - Evansville, IN $74,900.00 $71,400.00

Westside Tractor Sales - Naperville, IL $78,500.00 $75,500.00

Mr. Harbaugh made a motion to approve the purchase of a backhoe from Holt Equipment in Lafayette with a trade-in value cost of $67,500.00. Seconded by Mr. Raver, the motion carried.

Mr. Harbaugh made a motion, seconded by Mr. Raver, to authorize any Board members to sign on behalf of the Board once the acceptance form has been received by Mr. Cain.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUE:

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

1. Holding Cell in Courthouse: Sheriff Talbert provided a letter from Captain Harold Vincent concerning issues that need to be resolved regarding the holding cell in the basement. Mr. Raver stated that five surveillance cameras will be replaced in the holding cell area and is waiting on information regarding a bench for the prisoners to sit on. Sheriff Talbert said he would ask Captain Vincent to contact Mr. Raver regarding information on the type of bench needed.

2. Jail Report for the Month of August: The report was not completed. Once the report is compiled the Sheriff advised he would deliver copies to the Commissioners’ mailboxes. The inmate population has increased. The high number may be the result of the combination of the weekend with the Labor Day holiday.

3. Kitchen Training: Work Crew Leader Mike Chapman is currently being trained to supervise in the kitchen. Part-time Cook Diane Howard may be unavailable at times due to the serious illness of her husband, Sheriff Deputy Don Howard.

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: (See page 3, July 21st, 2003 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 3, for related discussion) Mr. Boise reported that due to working on the flood follow-up, there was no information available at this time regarding the Request for Proposals for building inspecting services.

3. Flood Mitigation Issues:

a. Last week the State Emergency Management Agency contacted Mr. Boise to advise him that the final payment for a previous flood plain grant had been mailed.

b. The Commissioners were reminded that a public hearing is scheduled on Wednesday, September 17th, 2003 at 6:00 p.m. in the Neal Council Chamber in Kokomo City Hall to discuss plans for applying for the Federal Grant this year.

c. Status of No Trespassing signs: (See page 3, July 21st, 2003 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 5.b, for related discussion) The Commissioners authorized the County Highway Department to post “No Trespassing” signs on the properties located at 504 and 508 Ridge Road. Mr. Boise requested approval to pay for the signs from the administration money received from the flood hazard mitigation program grant.

Mr. Raver made a motion to approve the cost of the “No Trespassing” signs to be paid out of the administration money received from the Flood Hazard Mitigation Grant. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Courthouse Update:

· A temporary orange fence has been placed on the east side of the building to protect the newly planted lawn.

· The lack of cool air in the Clerk’s Office and Superior II has not been resolved. (See page 2, September 2nd, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 3 for related discussion)

· The Maintenance Department is working on problems with drains that were not replaced during construction. Mr. Harrison does not plan to bring this issue to Mr. Bassett’s attention since the renovation plans did not include replacement of the drains.

· Quality Plumbing and Heating ordered the water cooler equipment for the water fountains.

· Information Systems Manager Terry Tribby reported a printer has been ordered for the Card Access System that will be located in the Maintenance Department area. Mr. Tribby was able to purchase the printer for about $450.00 less than the proposal. Information Systems personnel will install the equipment, which will result in an additional savings of $208.00. Mr. Tribby estimates that the printer will arrive in one week.

· Message Net conducted training on the Wireless Duress Alarm System. Mr. Tribby brought in a person on the Indiana University’s Intern Program to work 11:00 a.m. to 2:00 p.m. Tuesdays and Thursdays and 5 hours on Fridays. The Intern’s assignment is to get the duress system up and running. The duress buttons are ready to be installed as soon as they have been tested. Mr. Tribby hopes to get the system programmed and training completed within the next two weeks. Mr. Tribby commended the Sheriff’s Department for their efforts in helping implement this system.

· A couple more electrical lines need installed for some equipment in the Drug and Alcohol area.

· Mr. Raver advised that Professional Services Industries, Inc. (PSI) will conduct additional tests on the air quality at the south end of the basement at 9:30 a.m. on Wednesday, September 17th.

Mr. Harbaugh inquired if there are standards to determine whether the mold spore count is within an acceptable level. Maintenance Superintendent Tom Harrison explained that due to the large variety of molds no standards have been set. Test results are usually classified as LOW, MEDIUM or HIGH.

(Note: The Environmental Protection Agency has never established regulatory standards for mold spore pollutants.)

2. Government Building Update: Two quotes are anticipated in regard to cleaning mold from the pipes in the basement at the Emergency Management Agency.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

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

1. Veterans Office Closure: Mr. Allen Polsgrove Jr., County Veterans Service Officer, requested approval to close his office on Thursday, October 9th 2002 to attend the fall conference of the Indiana Department of Veterans Affairs (IDVA) in Lafayette. Mr. Raver made a motion to approve the request. Mr. Harbaugh seconded the motion and it carried.

2. Sexual Harassment Policy: Elected Officials, Department Heads, and Supervisors are encouraged to attend a meeting in the Government Building on Tuesday, October 21st, 2003 from 8:30 a.m. to 10:30 a.m. regarding “Sexual Harassment in the Workplace”.

Mr. Raver made a motion to approve the “Sexual Harassment in the Workplace” session. Mr. Harbaugh seconded the motion, and it carried.

3. Internship Proposal: Indiana University Kokomo sponsors an Intern Program for students to earn credits for working as an intern in the workplace. Mrs. McKillip spoke to the Professor of Human Resources about having a student to work part-time in the Personnel Office on a no-pay/no benefits basis. The student would begin working approximately ten hours per week during the second semester in January 2004.

Due to confidential information contained within the Personnel Office, Attorney Larry Murrell offered to draft a confidentiality form to be signed by the students.

4. Family Medical Leave Act Log: Due to the new privacy laws established by the Health Insurance Portability and Accountability Act (HIPAA) the FMLA Log will no longer be handed out during the Commissioner meetings. The log will be placed in the Commissioners’ mailboxes prior to the confirmation date.

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

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

1. The Card Access System, Wireless Duress Alarm System, and Video Monitoring will greatly enhance the Courthouse security. Mr. Tribby will contact Huston Electric Inc. to find out the status of replacing five surveillance cameras in the new holding cell area in the basement.

2. Information Systems installed thirteen new computers from Dell Computer Company that arrived at the Adult Probation Office.

3. The contract for Computer Contract Technician Edward Beheler has expired. Mr. Beheler has accepted employment in Cass County and has given a thirty (30) day notice of leaving. Mr. Tribby stated that Mr. Beheler has been a tremendous help to the County and wished him the best in his new endeavor.

IN THE MATTER OF INDIANA DEPARTMENT OF COMMERCE - REGIONALIZATION PROGRAM:

Indiana Department of Commerce Program Manager Linda Klinck presented the following information to the Commissioners:

Recently the Department of Commerce, under the supervision of Governor Frank O’Bannon and Lieutenant Governor Joe Kernan, started a Regionalzation Program to become more customer friendly in the State. A decision was made to place representatives throughout the communities to provide the services that were formerly based in Indianapolis. The Region 4 Office is located in the Indiana Vocational Technical Building in Howard County. Mr. Charlie Sparks is the Regional Director, Shay Young is the Administrative Coordinator, and Linda Klinck is the Program Manager. Ms. Klinck advised that these representatives are available to help Howard County with needed community projects.

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 15th, 2003 in the amount of $454,053.46 were approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried. The list included the following statements from Butler, Fairman and Seufert:

MS4 Coordination $ 5,399.37

400 North Right-of-Way Project $ 9,234.28

2. Commissioner’s Salary Claims for hourly, salary, and overtime payable for September 19th, September 26th and October 3rd, 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 September 23rd, 2003 were presented for Commissioner information.

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

1. County Attorney Larry Murrell presented a claim for his monthly office allowance in the amount of $550 for September 2003. Mr. Raver a motion to approve payment. Mr. Raver seconded the motion and it carried.

2. Attorney Murrell presented a claim from Barnes & Thornburg for a total amount of $465.96 for legal services rendered to the Civic Center through the month of July, 2003. Mr. Harbaugh made a motion to approve payment of the claim. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF COMMISSIONER ISSUES:

1. Scheduled Meetings:

a. An MS4 Advisory Committee meeting is scheduled on Tuesday, September 16th, 2003. The County Council approved $15,000 in the Surveyor’s budget for an MS4 employee and $26,000 for Contractual Services in the EDIT Budget.

b. Professional Services Industries, Inc. (PSI) will conduct additional tests on the air quality at the Courthouse in the south end of the basement at 9:30 a.m. on Wednesday, September 17th.

c. The GIS Steering Committee meeting scheduled for Thursday, September 18th, 2003 has been postponed until further notice.

d. County Commission on Public Records: (See page 7, August 18th, 2003 minutes, “In the Matter of Commissioner Issues”, Item 1, for related discussion) The County Clerk has called a Records Committee meeting on Thursday, September 18th, 2003 at 4:30 p.m. to discuss the process of evaluating old records and determining what needs to be destroyed.

e. The next meeting of the Howard County Sewer Advisory Committee will be held on Thursday, September 25th, 2003 at 8:30 a.m. in Room 220 D of the Howard County Administration Center.

2. The Commissioners received notice of a zoning change on property adjacent from Howard Haven Residential Center. Case 9-CZ-03 is a petition to change the zone classification from B-1 (Local Business) to R-1 (Residential) on the southeast corner at 300 West and Boulevard. The Howard County Plan Commission will conduct the public hearing on September 15th, 2003 at 7:30 p.m. in the Government Office Building. Mr. Bagwell advised he would attend the hearing.

IN THE MATTER OF HOWARD HAVEN HOME:

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

1. The facility is currently a smoke free environment. Ms. Colburn said they were contemplating plans to enclose the two patios to accommodate smokers outside of the building.

2. North Grove Church took up a collection and donated a new clothes dryer to replace one that stopped working.

3. Status of Interested Couple: (See pages 4 – 5, September 2nd, 2003 Minutes, “In the Matter of Howard Haven County Home”, Item 2, for related discussion) The couple that earlier expressed an interest in residing in the facility decided to reconsider the issue at a future date.

4. An application is being submitted for Food Finders Food Bank, Inc., a food program based in Lafayette. The program generates savings in food costs. (Food Finders locates, transports, warehouses, and distributes good nutritious food to nonprofit organizations that feed the hungry. The food is distributed to over 180 agencies in 18 counties. These agencies include food pantries, soup kitchens, shelters, rehabilitation centers, programs for children, the elderly and youth centers.)

5. Ms. Colburn and Ms. France plan to attend a monthly County Home Association meeting in Lafayette on Thursday, September 18th.

6. A few inquiries have been received regarding a future director for Howard Haven. Ms. Colburn and Ms. France requested that the Commissioners retain their positions as Co-Managers of the facility.

7. Applications For Admission: ARCH is currently processing the following three (3) applications were submitted for admission to Howard Haven. Approval of these residents would increase the number of residents in the home from ten (10) to thirteen (13).

a. Donald A. Perry, a Veteran who currently resides at the Veterans Administration Hospital in Marion, submitted an application for the ARCH Program. Mr. Raver made a motion to accept the application to Howard Haven Home for Donald Parry on a ninety-day probationary period subject to ARCH approval. Mr. Harbaugh seconded the motion, and it carried.

b. Betty Jane Morris currently resides in Tipton County but her family lives in Kokomo. Mr. Harbaugh made a motion to accept the application to Howard Haven Home for Betty Jane Morris on a ninety-day probationary period pending ARCH approval. Seconded by Mr. Raver, the motion carried.

c. An application to Howard Haven Home for Clemmy Howard White was accepted on a ninety-day probationary period pending ARCH approval on a motion made by Mr. Harbaugh. The motion was seconded by Mr. Raver and carried.

8. A brochure designed to market Howard Haven was previously distributed to the Commissioners. Mr. Raver made a motion to approve the brochure subject to adding the price to house couples. Mr. Harbaugh seconded the motion, which carried.

9. Some personal property belonging to former Director Kim Krieg remains stored at the facility. Mr. Raver made a motion to authorize the President of the Board to send a letter to Kim Krieg requesting removal of her possessions by October 15th, 2003. The County shall dispose of any items remaining after that date. Mr. Harbaugh seconded the motion, and it carried.

IN THE MATTER OF JUVENILE PROBATION DEPARTMENT ASP GRANT:

(See page 4, September 2nd, 2003 minutes, “In the Matter of Juvenile Probation Department ASP Grant”, for related discussion)

Chief Juvenile Probation Officer Don Travis presented the following two (2) quotes for the software to be used for the Alternative School Program:

NovaNET $45,450.00

PLATO Learning Inc. $40,000.00

Mr. Travis advised that these were the only companies that supply the necessary software to develop a computer assisted educational program transmitted over the internet. Kids experiencing pending expulsion will be able to sign a contract with Kokomo Center Schools to attend this alternative program. If a juvenile fails to participate in the program, he or she will be immediately expelled. Morning and afternoon sessions will be held at McKinley School. Generally, these kids are involved in a court proceeding and are not allowed to attend their regular school. A court order could make them attend the ASP Program as opposed to attending their regular school. The software is dynamically created to conduct an assessment test and build a curriculum for the kids to catch up to their recommended education level. The program allows the kids to: (1.) be off the streets, and (2.) have the opportunity for continued education and credits.

Mr. Raver recently met with Dr. Thomas Little, Superintendent of Kokomo-Center Township Consolidated School Corporation on an unrelated matter. During conversation, Dr. Little conveyed that he was excited about the willingness and cooperation of schools in regard to the Alternative School Program.

Following review of the quotes, Mr. Harbaugh made a motion that the Board accept the lowest responsible and responsive quote for the software from Plato in the amount of $40,000.00 and authorize any of the Board members to sign the acceptance on behalf of the Board. 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 10:02 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, September 15, 2003