HOWARD COUNTY BOARD OF COMMISSIONERS MEETING AUGUST 4, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, August 4, 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 July 21st, and the Executive Session held on July 24th, 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 SPECIAL COMMISSIONER REMARKS AND RECOGNITIONS:

There were no special remarks or recognitions made at this time.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Update on Leak Issue at Courthouse: Following a rain shower, Mr. Harrison checked the Adult Probation and Security areas in the basement on the nights of August 1st, 2nd, and 3rd. There was no evidence of water infiltration. Maintenance personnel finished cleaning the areas of carpet that could not be accessed during the pervious cleaning. Mr. Harrison feels that the water leak issues have finally been resolved.

2. Update on Mold Issue: (See pages 5 – 6, July 21st, 2003 minutes, “In the matter of Mold Issue in Courthouse”, and page 9, attached, “In the Matter of Commissioner Issues, Item 5 for related discussion) Mr. Harrison reiterated that the conclusion of the air quality test and mold sampling conducted in the basement on July 17th showed that mold content in the outside air was much higher than in the building. Mr. Harbaugh wanted to make certain that the actual number of mold spores is on record. The report presented by Mr. Bassett at the last meeting contained detailed spore numbers. The EPA has never established regulatory standards for mold spore pollutants. Mr. Harrison offered to make an extra copy for Mr. Harbaugh’s file. Mr. Harrison said air sampling has been done previously which showed similar results. In 2002, Patriot Engineering took air samples to test for mold in correlation with the Courthouse Asbestos Removal Project. (See page 3, June 3rd, 2002 minutes, “In the Matter of Courthouse Renovation Project”, Item 2, for related discussion) In addition, Indiana O.S.H.A. will be taking samples on August 5th, 2003 at 10:00 a.m.

3. The Maintenance staff prepared the Courthouse for the Rededication Ceremony scheduled for today at 11:30 a.m.

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 29: Due to damages from recent flooding, the deck was replaced on Bridge 29 located at 560 West 120 South near Sugar Mill Subdivision. Mr. Cain plans to approach the Council for an additional $1,000 for the unexpected repair. The cost of the work was more than $1,000. In view of the County’s financial issues, Mr. Cain plans to request only an additional $1,000 from the Council and transfer money from projects that will not get completed this year to supplement the cost.

Auditor Martha Lake asked Mr. Cain if he needs additional appropriations to complete the repair work while waiting on reimbursement from F.E.M.A. Mr. Cain advised there is $100,000 available for transfers to pay for the repair work.

Mr. Raver made a motion to authorize the appropriation for $1,000 from the Cumulative Bridge Fund for repairs to Bridge 29, pending the approval of the Howard County Council. Mr. Harbaugh seconded the motion, and it carried.

2. Beams are currently being placed on the damaged bridge near Western School. A new deck will be placed on top soon. The structure will be placed on the county bridge inventory to be inspected every two years.

3. Dixon Road Project from Zartman Road to Greentree Lane: The County has been getting reimbursed for the engineering costs for the project. Due to the extra work that is involved, a supplemental agreement is necessary. Engineering costs are going to increase from $68,356.00 to a sum of $166,391.00. The increased work involves additional survey updates, extra planning, and designs. The design includes sidewalks on both sides of the road from Greentree Lane to Zartman Road and along the west side from Zartman Road to Alto Road. Mr. Cain does not anticipate any funding problems for the final phase of the project. Money has been set aside and additional funding is expected from the State based on a 90/10 ratio. In addition some EDIT money is left over from the City/County Alto Road Project.

4. Install Water Mains in County Right-of-Way: The Town of Greentown is building a new water tower on the south side of town and requested permission to install water mains in County right-of-ways. Mr. Cain said he did not have a problem with the Greentown using the right-of-ways. Jim Harris, Representative of the Town of Greentown, requested permission to use the following rights-of-way:

a. Northwest Sector: About 1,000 foot on the east side of Carter Rd. (300-500 Block N. Carter St.).

b. Northeast Sector: Approximately 200 feet east of the fairgrounds (400 Block N. Maple St.)

c. South Sector: On Meridian St. from High School Rd. to 50 S (500 Block S. Meridian St.)

Mr. Raver made a motion to authorize the Town of Greentown to locate water lines in the County right-of-ways in the three locations indicated above. Mr. Harbaugh seconded the motion, which carried.

5. Placing Tile in 600 North Right-of-way: (See page 1, July 7thminutes, “In the Matter of Highway Issues”, Item 3, for related discussion) A request was received from Allen I. Wiggington, 2123 West 600 North, to install a drainage tile in the right-of-way on the Howard County side of 600 North to drain water away from his septic system. Mr. Cain evaluated the situation and does not have any problem with placing the tile in the right-of-way as long as the property owner maintains the tile. The Department of Health needs a letter from the Board of Commissioners before they will issue a septic permit to Mr. Wiggington.

Mr. Raver made a motion to approve the placement of the drainage tile in the Howard County right-of-way as requested with the stipulation that the property owner installs and maintains the tile. Mr. Harbaugh seconded the motion, which carried. The Auditor will provide the necessary documentation to confirm approval.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

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

1. Additional Parking: Sheriff Talbert would like to put in a gravel area adjacent the current parking area on the west side of the building. The additional area would accommodate parking some of the line cars, seasonal equipment, and trailers used by the work crew. In addition, the Sheriff plans to relocate the storage shed onto the gravel area. Three inmates had escaped earlier by jumping from the jail roof onto the storage shed. The cost of the stone would be approximately $440.00 to be paid out of the Commissary Fund. The Highway Department has offered to help haul the stone. Sheriff Talbert asked if there are any permits required for the project. Plan Commission Director Glen Boise advised an Improvement Location Permit is required and the parking area needs to be an all weather dust proof surface such as asphalt or concrete. Mr. Bagwell suggested using a chip and seal material. Sheriff Talbert will research the issue and present further information at the next meeting.

2. Sheriff Deputy Jerry Asher is performing some of the grant work while Deputy Don Howard is on sick leave. Deputy Asher will conduct a presentation for a grant which would accommodate the purchase of departmental equipment. The grant will pay 75% and the county would match with 25% to be paid from Commissary Funds. (See page 7, attached, “In the Matter of Requested Grants – Sheriff’s Department”, for related discussion)

3. Ordinance No. BCC-2003-33, an Ordinance Establishing the Howard County School/Training Fund was considered. Sheriff Talbert explained this fund would be used for training tactics and operations of Special Teams such as S.W.A.T., DIVE, and CERT. Mr. Raver made a motion to approve Ordinance No. BCC-2003-33, which was seconded by Mr. Harbaugh and carried.

4. Ordinance No. BCC-2003-34, an Ordinance Establishing the Howard County Sheriff’s Reserve Deputy Program was approved on a motion made by Mr. Raver. The motion was seconded by Mr. Harbaugh and carried. (See Both Ordinances Attached)

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

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

1. Case 19-CP-03 – one (1) lot in E and A Subdivision located at 11763 East 300 South was considered. Mr. Raver made a motion to approve Case 19-CP-03. Mr. Harbaugh seconded the motion, and it carried.

2. Ordinance No. 2003-BCC-30, the petition of Oakbrook Centre Community Church requesting removal of the thoroughfares for 350 South from 200 to 250 West and 250 West from 300 to 400 South was considered. Mr. Harbaugh made a motion to approve Ordinance No. 2003-BCC-30. Mr. Raver seconded the motion, which carried.

3. Ordinance No. 2003-BCC-31, the petition of Four D’s of Martinsville, Inc. requesting a change in zone classification from R-1 (Residential) and A-1 (Agriculture) to B-2 (General Business) for property located at 671 East 400 South was presented. This is the property for WIOU/WZWZ Radio Station. The radio station has been operating under a nonconforming use and would like to correct the zoning status. Ordinance No. 2003-BCC-31 was approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried.

4. Ordinance No. 2003-BCC-32, the petition of Gregory Johnson requesting a change in zone classification from A-1 (Agriculture) to B-2 (General Business) for property located at 2211 W. Alto Rd. was considered. Mr. Harbaugh made a motion to approve Ordinance No. 2003-BCC-32. Mr. Raver seconded the motion, which carried.

5. Unsafe Buildings: There was no new information to present at this time.

6. Flood Mitigation Issues:

a. Mr. Boise plans to meet with FEMA and SEMA on Friday, August 8th regarding money that is available through two grant programs. One is a competitive grant and the application must be submitted by October 1st. A 25% local match is required but a soft match will be acceptable.

b. Three or four homes incurred substantial damage by the recent flood. There are at least four other properties that the Flood Hazard Mitigation Plan has classified as high risk that have filed claims for insurance losses. Due to the recent flood situation, Howard County may receive additional money to buy out substantially damaged buildings and have a continuing program to buy out more homes. Mr. Boise estimated the county will need about $100,000 out of next year’s EDIT Fund, to continue the buy-out program.

c. Mr. Bagwell commented that the properties at 504 and 508 Ridge Road did not seem to be cleaned up well and questioned whether the wells were sealed properly. Mr. Boise said he would check with the contractor involved and request verification on how the wells were sealed.

d. Auditor Lake asked Mr. Boise whether a planning grant needs to be started again. Mr. Boise explained there is additional activity regarding SEMA’s request for Howard County to upgrade the Flood Mitigation Plan to an all hazard plan. (See page 3, July 21st, 2003 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 6.b for related discussion) Planning grant money is available for the upgrade. The State is investing into an internet computer assisted planning process that would not require the assistance of a consultant. Mr. Boise will continue to provide the Commissioners with any updates in regard to this issue.

Scheduled Public Hearing – 9:30 a.m.

Unsafe Building at 2255 South 350 West

(See page 2, July 21st, 2003 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 2.a for related discussion)

Mr. Boise said the house located at 2255 South 350 West endured a fire several months ago. Mr. Boise received a complaint about the condition of the property. The Plan Commission conducted an inspection and found the house totally burned and unsealed. High weeds were growing on the property. A letter was sent requesting the property owners to seal the building and mow the weeds. The property owners responded with a written request for a public hearing in order to explain their situation.

Attorney J. Conrad Maugans, 123 N. Buckeye St., represented property owners Gregory & Sonya Ward. Attorney Maugans stated that his clients were concerned they would receive an order to remove all of the debris. Farm Bureau Insurance Company is investigating the possibility of arson and balking at paying the claim. The insurance company has refused to provide copies of the reports.

Attorney Maugans stated, although a County ordinance cannot be found regarding mowing grass, the property owners have mowed the grass and surrounded the burned area with snow fencing. Copies of correspondence from the Public adjustor were submitted for Commissioner information. Attorney Maugans said the facts indicate that this situation is reasonably safe and evidence regarding the cause of the fire should not be destroyed at this time. On behalf of the property owners, Attorney Maugans requested that this matter be put on hold until the problem is resolved with the insurance company.

Mr. Bagwell asked if there was anyone in the audience with questions or comments. Mr. James Auksel, property owner to the north at 2231 South 350 West, carries no animosity toward the Ward’s and said they have been very forthcoming with their problem. Mr. Auksel questioned if there were any means to assist the Wards in persuading the insurance company to do what is right and take care of the claim. Mr. Bagwell said this hearing might be a part of that process. If progress is not made in 90 days, then the County might proceed with the next step of demolishing the building and placing a lien on the property.

County Attorney Larry Murrell said the record needs to show that the owner will use part of the proceeds collected from the insurance company to clean up the property. Attorney Maugans replied, “Absolutely.”

Mr. Harbaugh made a motion to continue the public hearing for 90 days and report the progress at the November 3rd, 2003 meeting at 9:30 a.m. Mr. Raver seconded the motion, and it carried.

Close Public Hearing – 9:45 a.m.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

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

1. State of Indiana Deferred Compensation Plan (ING): At the previous meeting the Commissioners asked Mrs. McKillip to gather further information regarding whether distributing information about Savers Credit to the county employees would be in direct competition with the Indiana Public Employees Retirement Fund (PERF). PERF recently provided the County Auditor with information regarding a change to the pre-tax basis for additional contributions. All county employees will be receiving mailed notifications from PERF regarding this change. Mrs. McKillip recommended that the information regarding ING Deferred Compensation could also be distributed to the county employees enrolled in the plan.

The Commissioners felt they should not be responsible for marketing or advertising for any business. If insurance companies, banks or other entities wish to market programs to county employees, then a schedule of time and locations would be set up for them to speak to the employees.

The Commissioners agreed, by consensus, to review the information from PERF and an example of a “Resolution For Employer Participation In The Pick-up Of Additional Employee Contributions” before the next meeting.

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

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

1. Courthouse: Work continues on the recording systems, card access system, and duress security system. The recording system in Circuit Court is receiving positive reactions. Minutes are posted much faster in JTS; the notes include a time log making it easier to find a specific time frame; compact disc storage is more convenient than the cassette tapes that were previously used, and the audio is much clearer. The recording systems are scheduled to be installed in the other courts in the next two weeks.

2. E-911 Phase 2 Mapping Project: (See page 3, June 16th, 2003 minutes, “In the Matter of Information Systems Manager Issues”, Item 1, for related discussion) The new aerial photographs are completed. Mr. Tribby is working with WTH Engineering and Communications Director Tony Ramsey to complete the project. The project is anticipated to be completed by the end of August.

3. GIS Committee Update: The GIS Committee met with The Schneider Corporation on Thursday, July 31st, 2003. The Schneider Corporation presented an estimate of costs over a three-year period for planning a GIS Program. The Committee tabled the discussion and took the matter under advisement in order to further review the information that was presented. The next meeting was scheduled for Thursday, September 18th, 2003 to discuss the proposal.

4. Payroll Notices via E-Mail: Mr. Tribby advised the County has a new software vendor that has the potential to send payroll notices by e-mail to county employees using direct deposit. This procedure would depend on whether employees would have access to e-mail either at work or home. Mr. Tribby will look into this issue and provide the Commissioners with further information.

IN THE MATTER OF HOWARD HAVEN COUNTY HOME:

(See page 6, July 21st, 2003 minutes, “In the Matter of Howard Haven County Home” for related discussion)

Superintendent Kim Krieg did not attend the meeting. However, she submitted a letter of resignation to the Commissioners effective August 1st, 2003. Mr. Harbaugh made a motion to accept the resignation of Kim Krieg as Superintendent of Howard Haven Residential Center effective August 1st, 2003. Mr. Raver seconded the motion, and it carried.

Resolution No. BCC-2003-13, a Resolution of the Howard County Board of Commissioners Appointing Interim Co-Managers of the Howard County Home was considered. This Resolution would appoint Joyce Colburn and Deborah France as Interim Co-Managers beginning today on August 4th and ending November 30th, 2003 unless sooner terminated by the Board, with or without cause.

Mr. Harbaugh made a motion to approve Resolution No. BCC-2003-13 as stated above. Mr. Raver seconded the motion, which carried.

Joyce Colburn and Deborah France came forward to address the Commissioners regarding their role in the county home. Ms. France hoped that everyone would look at this as a new beginning and not an ending. She felt that community support is being generated at this time. Ms. France also hoped that the Commissioners would give them the opportunity to show the community that the facility can thrive.

Ms. Colburn said two new residents have already been approved for Howard Haven through the ARCH Program and one more potential resident has submitted an application. Ms. France said that the ARCH Program is opening up 40 beds at a time and are continuing to accept applications. ARCH pays a rate of $27.00 per day. Two other applications are currently being processed based on a self-pay rate of $33.62 per day.

Ms. France feels that adult day care is still a viable idea wants to continue to look into the concept. Ms. Colburn felt that Ms. France and she could promote growth of the facility. Both Co-Managers have ideas to reduce operating costs. Ms. Colburn commented they witnessed wasteful spending by the former administrator and now they have a plan to save on expenses.

Ms. Barbara McGimpsey said she contacted Joyce Colburn last week regarding an information packet containing information that Medicaid would provide assisted living override waivers for certain people on the ARCH waiting list. Ms. McGimpsey said this shows that there is other help available.

Mr. Steve Tucker asked what goals the Co-Managers are expected to fulfill to ensure the facility remains in operation after November 30th. Mr. Bagwell said the Commissioners have not made any official decisions regarding that issue at this point in time.

After reading a news article that spoke of the County’s financial strain of $70,000 per year, Ms. Jennifer Sinka agreed that a change is inevitable. Ms. Sinka commented that she feels the first step to resolve the problem is public awareness. Ms. Sinka feels the community needs the county home and requested the Commissioners to not close the facility before the public has been given a proper chance to care. She presented a handout listing low cost marketing ideas to promote public awareness of the county home.

Reverend Ruth Lawson came forward and stated one of the directives of the Commissioners was to make sure there were people interested in residing at the home. She wanted the Board to know that she personally delivered the three ARCH applications to Mr. Bill Barnett at Family Services. One application from Mr. Bob Cardwell will be presented for Commissioner approval. Rev. Lawson anticipated that the other two applications would be presented to the Commissioners at the next meeting.

Rev. Lawson offered ideas in regard to operational structure and suggested hiring a new Director of Howard Haven. The Director would be responsible for receiving rents, paying the grocery bills and looking for bargains, recruiting residents, maintaining a waiting list for the 16 rooms, be current on CPR procedures and exercise other administrative tasks.

Rev. Lawson felt that Deborah France and Joyce Colburn should stay employed because they are essential to the continued operation of Howard Haven. She advised that Donny and Denise Strawcutter are ready to move into Howard Haven to serve as resident managers if needed. They could help coordinate employee schedules, group activities, and provide transportation for the residents. Donny Strawcutter formerly served as a dietary aid in a nursing home in Pennsylvania and has a certification for Emergency Response. Denise Strawcutter is experienced with customer relations. In addition, Rev. Lawson presented a proposed annual budget that she believed would operate without a deficit.

Ms. Pam Tucker and Ms. Sharon Johnson supported the continued operation of Howard Haven.

Auditor Martha Lake said currently there are issues, projects, and a lot of financial demands on the County. There are many things that the County must do to protect the community as a whole. Therefore the county must be cautious where money is spent and choose priorities that can be financially supported.

Mr. Bagwell stated, “One of the other things we need to make everyone aware of is that this is not something that we absolutely want to do. If we didn’t care about the people that live there, then we would have taken care of this months ago when it became an issue with the budget. So, the fact that it has drawn out this long is an indication that we want to make sure that we’re doing the right thing and providing for people who are in need of a facility like this.”

Ms. France and Ms. Colburn asked the Commissioners if they were going to allow new residents and whether the home could stay open beyond November 30th. They were confident about being able to move 5 or 6 residents in by November 30th subject to Commissioner approval. Auditor Lake commented that it would depend on what the Council wants to do. There are financial issues and the County Council is going to have to make some difficult decisions. Mr. Raver said the Council needs to hear the information as it was presented today. Councilman Les Ellsion was present in the audience. Mr. Ellison thought it was a good idea for the Council to have the information before budget time.

Mr. Raver made a motion to take further issues regarding Howard Haven under advisement and requested this matter to be placed on the Howard County Council Agenda for Tuesday, August 26th, 2003. Mr. Harbaugh seconded the motion, and it carried.

Concluding the discussion a motion was made by Mr. Raver, seconded by Mr. Harbaugh, and carried to approve the application to Howard Haven Home for Mr. Bob Cardwell on a ninety-day probationary period, subject to the knowledge that the facility might have a final resolution something between now and November 30th, 2003, all this pending decisions to be made by the Howard County Council.

The Commissioners appreciated the willingness of Deborah France and Joyce Colburn to become involved for the continuance and reorganization of the county home. The Commissioners also thanked the community organizations, agencies, and people who are working together to find alternate solutions.

IN THE MATTER OF DARROUGH CHAPEL AND MISCELLANEOUS SEWER ISSUES:

A Sewage Study Committee met last week consisting of representatives from the Department of Health, I.D.E.M., Grant Administrator Tina Henderson, Engineer Jerry Williams from Gove and Associates, Inc., County Attorney Larry Murrell, Commissioner Paul Raver, Councilman Les Ellison and Deputy Auditor Laurie Roper. Mr. Raver reported that the following items were discussed:

1. The New London Conservancy District continues to work on their planning grant project.

2. The Taylor Township Regional Sewer District project is a lengthy undertaking. Therefore the Kokomo Regency Mobile Home Park changed their mind about becoming a part of the District and proceeded to upgrade their own sewage treatment system. This caused the project to be downsized, however the Crossroads Community Church at 1025 East 400 South, was added. Additional paper work needs to be completed and right-of-way issues need to be addressed. Construction is planned in 2004.

3. Darrough Chapel Sewer Issue: Dr. Thomas Scherschel, Chairman of the Howard County Board of Health sent a letter dated July 28th, 2003 advising the Taylor Township Regional Sewer District has expressed an interest in working with the Darrough Chapel Community toward a goal of wastewater treatment. Of the 174 buildings in the Darrough Chapel Community:

Ø 32 have septic system permits on file

Ø 14 have septic systems that are not in compliance

Ø 22 are on the sewer system

Ø 106 have no septic system permit on file

The letter stated, “The Board of Health acknowledges that there is a public health problem in this community due to the sewage discharges above ground and in the drainage system. A potential for disease caused by sewage contamination and for West Nile Virus carried by mosquitoes which breed in sewage contaminated water exists. The consensus of the Board of Health at their July 14th meeting is that the County Commissioners must take the necessary action needed for this community to become part of the Taylor Township Regional Sewer District”.

In response to this letter, the Commissioners decided to make a formal request to the Taylor Township Regional Sewer District to include the Darrough Chapel Community in their sewer district boundaries. In order to do so, a precise description of the boundaries is needed and Jerry Williams hopes to have that information available this week. Attorney Larry Murrell will then prepare a resolution attaching those boundaries, to be considered at the August 18th, Commissioners’ meeting. The next step is for the Taylor Township Regional Sewer District to approve the request from Darrough Chapel to be included in their sewer district.

Mr. Raver made a motion to authorize the County Attorney to compose a resolution to be presented at the next meeting on August 18th, 2003, requesting that the Darrough Chapel Community be included in the operation of the Taylor Township Regional Sewer District. Mr. Harbaugh seconded the motion, and it carried.

Sharon Johnson, 2425 E. Foster Street, asked, “How long has there been a septic problem in Darrough Chapel?” The Commissioners estimated that they have been aware of the problem for about two or three years. Ms. Johnson was upset with articles that appeared in the newspaper shortly after the recent flooding. She said much of the city had problems due to the flooding and she felt it was not fair that Darrough Chapel made the big headlines.

Ms. Johnson questioned why some certain areas of the community were connected to the sewer system prior to annexation and the property owners were only responsible for a connection fee. Mr. Bagwell explained that the County does not have any taxing process to generate a funding source for sewer projects, but on the other hand, the City does.

Ms. Johnson was worried about losing her home and community to a health hazard. Mr. Bagwell stated that the Board of Health provided the comments as a means for the Commissioners to take the necessary action to get the Darrough Chapel Community hooked up to the Taylor Regional Sewer District sewer system. Ms. Johnson was in favor of connecting her home to the sewer system.

IN THE MATTER OF GRANT REQUESTED GRANTS – SHERIFF DEPARTMENT:

Sheriff Deputy Jerry Asher addressed the Commissioners in regard to two grants for which the Sheriff’s Department is currently making application:

1. The Department of Transportation National Highway Safety Travel Grant for $2,900. The Department of Transportation will pay 75% of this grant amount; the Sheriff’s Department will pay 25% ($725.00) out of the Sheriff’s Commissary Fund. This grant is to be used to purchase travel safety equipment. The State Board of Accounts has been contacted in order to assure proper handling of funds, since the reimbursement will be sent to the Auditor’s Office and then transferred to the Commissary Fund.

2. The Governor’s Council on Impaired & Dangerous Driving administers funding from the National

Highway Traffic Safety Administration to reduce death, injuries and economic cost associate with motor vehicle crashes. A question has arisen as to whether FICA for the involved officer’s salaries would be paid from the grant or from the County General Fund. The Commissioners at their regular meeting on the June 16th, 2003 determined that “all grants, regardless of their amount, pay FICA and all other personnel/auxiliary costs associated with the grants”. The Sheriff Department feared that this may jeopardize the County obtaining this grant. Auditor Lake explained that she had spoken with a grant representative and had been told to instruct the Sheriff’s Department to write a letter saying that the County has taken the position that it will not be paying FICA, and then the State will commence with the grant activity.

IN THE MATTER OF UTILITY EASEMENT VACATION:

Mr. Ron DeGraaff, 604 N. Hickory Lane, submitted a letter asking questions about vacating a utility easement on his property but he was not present for the discussion. Attorney Larry Murrell advised that Mr. DeGraaff needs to follow the proper process for vacating an easement including filing a formal petition and scheduling a public hearing.

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 4th, 2003 in the amount of $1,109,017.92 were approved on a motion made by Mr. Harbaugh, seconded by Mr. Raver, and carried

2. Commissioners’ Salary Claims for hourly, salary, and overtime claims payable for August 8th, and August 15th, 2003 were approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, and it carried.

3. Vacation of Easement Public Hearing: (See page 7, July 7th, 2003 minutes, “In the Matter of Vacation of Utility Easement” for related discussion) Auditor Martha Lake has talked with Mr. Tom Harrell on several occasions regarding his petition to vacate an easement on Lots 24 and Lot 25 in Champagne Shores Subdivision, Section II. Mr. Harrell did not complete the legal advertising and requested the pubic hearing to be rescheduled for August 18th, 2003.

Mr. Raver made a motion to continue the petition to vacate the easement to August 18th, 2003. Mr. Harbaugh seconded the motion, which carried.

4. According to the State Auditor, the State is releasing the gambling money a little earlier than anticipated on August 6th, 2003. Howard County will receive approximately $222,000. Auditor Lake said an ordinance needs to be established as to where to put the money. She said hopeful it will be put into the General Fund. The City of Kokomo, Greentown and Russiaville will also receive funds. The total disbursed by the State to all of Howard County Government is in excess of $537,000.

5. The following statements from Butler, Fairman and Seufert were presented for Commissioner information only:

MS4 Coordination $ 1,817.36

400 North Right-of-Way Project $14,198.38

6. The Mapping Project in the Auditor’s Office has been completed. Jamie Shepherd, Mapping/Property Records Coordinator, and Draftsman put a map together showing the new aerial photograph.

7. A meeting will be held at the Grissom Aeroplex on Thursday, August 7th, 2003 at 10:00 a.m. regarding reimbursement from FEMA for damages resulting from the flood in July. Mr. Phil Thatcher is working with the County regarding the insurance.

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

(See page 7, July 21st, 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 three (3) right-of-way parcels designated to be purchased for the 400 North Project. Mr. Hamilton requested authorization to proceed with purchasing Parcel Numbers 11, 15, and 16. Mr. Hamilton also presented a letter of transmittal for the purchase of Parcel Number 8 for which the Commissioners authorized the purchase at the May 5th, 2003 meeting.

Mr. Raver made a motion to accept and authorize the purchase of Parcel Numbers 11, 15, and 16, and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, and it carried.

A recess was called to attend the ceremony for the Rededication of the Howard County Courthouse on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried.

11:20 a.m.

# Recess for Courthouse Rededication Ceremony

The meeting reconvened at 11:50 a.m.

IN THE MATTER OF ATTORNEY ISSUES:

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

1. A claim was presented for services rendered by Barnes and Thornburg through the month of June 2003 for consultation in connection regarding HIPPA Regulations in the amount of $672.50 (part one) and completion of IDEM enforcement action in the amount of $796.55 (part two). The statement from Barnes and Thornburg for a total amount of $1,469.05 was approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried.

2. A claim from Barnes and Thornburg rendered through the month of June 2003 in the amount of $494.00 for legal services in connection with the Civic Center Board Reorganization was approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, which carried.

3. A claim was presented from Assistant County Attorney Brian Oaks for monthly office fees from January through August 2003 in the amount of $880.00. A second claim was presented for Brian Oaks legal services in the amount of $770.00. Mr. Raver made a motion to approve both of the claims. Seconded by Mr. Harbaugh, the motion carried.

4. Attorney Murrell presented a claim for his monthly office fees for August 2003 in the amount of $550.00. Mr. Raver made a motion to approve payment. Mr. Harbaugh seconded the motion and it carried.

5. Outdoor Electrical Boxes at Courthouse: (See page 2, June 2nd, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 2, for related discussion) Attorney Murrell spoke with Maintenance Superintendent Tom Harrison regarding this issue. A response was mailed to OSHA on Friday, August 1st and photographs were taken. Mr. Raver stated that he and Mr. Harrison have met with United Way representatives to work out the details of using the electrical boxes for The Taste of Kokomo event scheduled for August 16th.

6. Attorney Jim Martin, Chairman of the Local Bar Committee on Courts, contacted Attorney Murrell about drafting a resolution to endorse a new court for Howard County. The State Commission on Courts will meet on August 14th to consider what courts they are going to recommend next year to the Legislature. Howard County needs to start over the process of trying to get another court. The present financial situation in the state is not very optimistic, but Attorney Martin pointed out that Howard County should stay current and on top of the list.

Mr. Harbaugh made a motion to recommend the establishment of an additional court in Howard County. Seconded by Mr. Raver, the motion carried.

7. Lattice Communications First Amendment to Lease Agreement: (See page 4, July 21st, 2003 minutes, “In the Matter of M/A-COM Inc. Contract”, for related discussion) A proposed amendment to the tower lease was considered in order to accommodate the necessary equipment for two new channels on the EDACS 800 MHz Radio System. The amendment would increase the monthly rental by $200 per month for a total annual cost of $17,709.00. The monthly installments would be $1,475.00. Prior to commencement of the agreement three additional electrical outlets are necessary at a cost of $287.00 and $500.00 for inspection.

Mr. Raver made a motion to approve the new lease agreement with Lattice Communications, LLC as presented, effective the first day of the month following activation of Howard County’s two new channels and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, which carried.

8. No Smoking in Courthouse: Attorney Murrell is working on drafting a letter addressing the no smoking policy in the Courthouse.

9. Attorney Murrell thanked the Commissioners for the flowers sent in the memory of his grandchild, Lilly Rae Murrell.

IN THE MATTER OF COMMISSIONER ISSUES:

1. Mr. Harbaugh was interested in reviewing the Civic Center financial report. Mr. Raver advised the report would be presented at the next meeting on August 18th.

2. Darrough Chapel Study Committee met last week. The Committee will meet in September for an update regarding the resolution requesting the Taylor Township Regional Sewer District to include Darrough Chapel Community in their sewer district.

3. The GIS Steering Committee will hold their next meeting on Thursday, September 18th, 2003 at 10:00 a.m. Room No. 338 of the Howard County Administration Center.

4. MS4 Stormwater Regulations Issues -- The MS4 Advisory Committee held a meeting last week. The public surveys were tabulated and a summary of the 369 forms was presented at the meeting. The replies collected at the Howard County Fair were less than anticipated due to inclement weather and reduced attendance. Mr. Raver plans to schedule a meeting with County Surveyor Beryl Grimme and Grant Administrator Amy Moore to discuss the status of the MS4 activities. There are numerous additional requirements to complete and deadlines to meet for next year. Since is it close to budget time, the County might want to consider ways to proceed with the mandate using a minimal amount of consultant services. Mr. Grimme advised he talked to Tina Henderson to see if grant money could be found to help fund the MS4 Program.

5. Surveyor Beryl Grimme briefed the Commissioners in regard to an Emergency Watershed Protection Program Assistance Grant which would accommodate cleaning debris and log jams from drains like Cannon Goyer, Kokomo Creek, etc. The grant operates with a 75% amount paid by FEMA, and a 25% county match. The Board of Commissioners, as a legal subdivision, would need to approve the grant application and become the sponsor. (The Drainage Board is not a legal subdivision and cannot sponsor the grant.)

Discussion ensued regarding who would fill out the necessary paperwork. Mr. Grimme stated that this responsibility would be handled by the Surveyor’s Office.

Mr. Raver made a motion to authorize the County Surveyor to proceed with the request for the Emergency Watershed Protection Program Assistance Grant. Mr. Harbaugh seconded the motion, which carried.

6. Indoor Air Quality Update at Courthouse: Mr. Raver reminded the Board that I.O.S.H.A. will be conducting additional air quality testing in the basement on August 5th, 2003 at 10:00 a.m.

Two weeks ago Mr. Raver directed the Maintenance Personnel to start cleaning up the basement but they were not permitted to move anything. Last week one of the judges was able to provide the authority for Maintenance to proceed with the clean up. In the meantime, Mr. James Hamilton from Butler, Fairman and Seufert, was approached about finding an impartial company to conduct further air quality testing.

Mr. Hamilton recommended Professional Services Industries, Inc. (PSI) to the Commissioners to do the work. Mr. Raver talked with Ron Hosick a respresentative of that Company by phone. A proposal for services has been prepared and their Staff Scientist Janet Stamford has been contacted to schedule the test if we approve the proposal.

Attorney Murrell reviewed the proposal. It is a two-step process. The proposal will cover their initial assessment, inspect the site and do some surveying at a cost of $2,000. After that they will return and give a report and recommendations and report if further testing needs to be done. Even though I.O.S.A. will be conducting their own testing, the Commissioners felt it is wise to get an opinion from a third party/PSI.

Mr. Raver made a motion to authorize PSI Engineering to proceed with the impartial indoor air quality survey in the basement of the Courthouse and authorize the President to sign on behalf of the Board. Seconded by Mr. Harbaugh, the motion carried.

7. Greentown Volunteer Fire Department: (See page 9, July 7th, 2003 minutes, “In the Matter of Miscellaneous Commissioner Issues”, Item 6, for related discussion) Mr. Bagwell composed a letter for the Commissioners to sign in support of Greentown Volunteer Fire Department’s grant application to purchase a new truck.

8. Auditor Martha Lake distributed copies of the updates to the County Ordinance to the Board. She advised that a compact disc will be provided to Information Systems Manager Terry Tribby to load onto the County Website.

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 12:30 p.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 4, 2003