HOWARD COUNTY BOARD OF COMMISSIONERS MEETING FEBRUARY 3, 2003

The Howard County Board of Commissioners met in Regular Session on Monday, February 3, 2003, at 8:30 a.m. in Hearing Room No. 338 of the Howard County Administration Center. Those in attendance included Vice President John B. Harbaugh, and Member Paul J. Raver. Also present were County Attorney Larry Murrell and Auditor Martha Lake. President Bradley J. Bagwell and Personnel Administrator Wanda McKillip were not in attendance at this meeting.

The meeting was called to order by Sheriff Marshall Talbert and conducted by Vice President John Harbaugh.

# As a matter of proper procedure, Vice President John Harbaugh made provision to

vacate the chair when necessary in order to carry out the business of the

County in the absence of Commissioner President Bradley J. Bagwell.

The minutes from the last regular meeting held on January 21, 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, which 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. Commentary regarding Flood Mitigation Discussion: (See pages 1 – 3, January 21, 2003 minutes, “In the Matter of Flood Mitigation Plan Amendment – Public Discussion” for related discussion) Public comments were made that the 300 East Bridge restricts the flow of water, particularly when two 5-foot culverts were removed. There was also conversation about a significant difference in water level on either side of the bridge during flooding.

The 300 East Road Project was completed with Federal Funds in the 1980’s before Mr. Cain came to work for Howard County. In 1990, the Army Corp of Engineers advised that removing the pipes would not cause a significant impact. In 1992, the County Highway Department set permanent surveyor stakes to monitor the water level, which proved a 1 to 3-inch difference in water elevation on either side of the bridge. If it were true that a 6-inch to 1-foot difference existed, the velocity of water would wash out the road during flooding and Mr. Cain explained that there has never been a washout.

2. Vehicle Purchases: Mr. Cain requested permission to proceed with the process to purchase a pick-up truck and single axel truck for a cost between $25,000.00 and 75,000.00 and a backhoe for about $80,000.00. The quotes for the pick-up truck will be obtained by summer. The quotes for the other vehicles would be received toward the end of summer. The money is already allocated in the Highway Department’s budget.

It is not necessary for the Commissioners to grant permission to draw up specifications, therefore no action was taken on this issue. Mr. Harbaugh commented that he would appreciate future proposals in printed form.

3. Ordinance No. BCC-2003-05, An Ordinance Establishing Procedures for Digging or Trenching in County Property: (See page 5, November 4, 2002 minutes, “In the Matter of Contractors Cutting Field Tiles”, for related discussion) The ordinance was presented by County Surveyor Beryl J. Grimme. A brief discussion was held about damages caused when someone fails to check the location of legal drains before digging. Mr. Cain said the County Highway Department requires a permit and a maintenance fee to dig across a road, but a permit does not exist for digging on county property (right-of-way, etc.). Once the new ordinance is adopted, it will be unlawful for any person to dig or trench on County property without first obtaining a permit from the Howard County Surveyor.

Mr. Raver made a motion to approve Ordinance No. BCC-2003-05. Mr. Harbaugh seconded the motion, which carried.

4. State Road 26 Project: The legal notice has been published for the planned improvements at 200 West and State Road 26. Responses are requested by March. The plans are available at the County Highway Department. Though it is a State project, 200 West (Dixon Road) is involved. Mr. Cain hopes to avoid the problems experienced with the State Road 22 Project when numerous people dropped in with questions on the project, necessitating a lot of overtime to search through State plans to find answers. Should similar problems transpire Mr. Cain will contact the State to discuss an alternative approach to answering those questions.

5. 400 North Project: (See page 1, January 21, 2003 minutes, “In the Matter of Highway Issues”, Item 3, for related discussion)

a. Purchase of right-of-way: A letter was received from Butler, Fairman and Seufert regarding the purchase of right-of-way on 400 North. Some portions of the right-of-way are already dedicated and do not need to be purchased. Mr. Cain advised that some of the property owners have items that need to be removed from the dedicated right-of-way.

b. Funding: The total projected cost of the project is $1,985,528.00, with the County portion being approximately $629,608.00. Currently, $420,000.00 has been appropriated for the 400 North Project. Mr. Cain suggested setting aside another $340,000.00 to allow for a cushion, since some costs are of the reimbursement nature. Auditor Martha Lake agreed and said some additional expenses have already been incurred. She further commented that the reimbursements need to be tracked to be sure the money goes back into the EDIT Fund. In order to pay the beginning costs of the project additional dollars need to be allocated. Ms. Lake will meet with Mr. Cain to go over calculations in order to more accurately calculate the amount needed to pay the reimbursable costs. (See page 8, “Commissioners Issues”, Item 6)

IN THE MATTER OF SHERIFF’S DEPARTMENT ISSUES - Vehicle Acquisition Request:

Sheriff Marshall Talbert proposes to replace two (2) high mileage vehicles used by civil process servers. The six-year-old vehicles have mechanical problems and will be used as trade-ins. Sheriff Talbert and Major Steve Rogers have decided to scale down the 8-cylinder, full size cars the civil process people are using. Prices were obtained from Brad Howell Ford in Greentown. With a trade-in, a used 6-cylinder 2002 Ford Taurus can be purchased for $10,100.00. The vehicle only has 18,000 miles and with the 3-year/36,000 mile warranty, it will be under warranty until May 2005. The second vehicle will be approximately the same price. The total price for both vehicles will be approximately $20,000.00 to $21,000.00.

Mr. Harbaugh reiterated his request that any future proposals involving money or statistics should be presented in printed form. Mr. Raver made a motion to authorize Sheriff Talbert to purchase the two used vehicles from Brad Howell Ford as presented. Mr. Harbaugh seconded the motion and it carried.

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

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

1. Unsafe Building Issues: (See page 2, December 16th, 2002 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 3, a through e, for related discussion)

Scheduled Public Hearing – 9:00 a.m.

a. 5389 East 50 South: In December 2002, the Commissioners scheduled an unsafe building hearing on the property owned by Fred and Joann Johnson. There was no one present to represent the property owners at this time. Mr. Boise has talked with Mrs. Johnson’s daughter who has been trying to encourage her mother to sell the property.

Based on the fact the property owners were not present for the hearing, Mr. Raver made a motion to refer the case back to Mr. Glen Boise for further review. Mr. Harbaugh seconded the motion, which carried. (Joann Johnson and her daughter, Tosha StClair, arrived later during discussion of unsafe building issues. See Page 3)

Close Public Hearing – 9:10 a.m.

b. 800 S. Lewis Street: During an inspection two weeks ago, Mr. Boise found that the contract buyer has cleaned up the property. Mr. Boise will conduct one final inspection before the case is closed.

c. 7075 West 600 North: Several registered letters were sent to the property owners, Brian Cheek and Carolyn Humphrey, but the letters returned undelivered. The property is in foreclosure at this time.

d. 2941 North 300: Negotiations to sell the property to the Kokomo Municipal Airport concluded when a fire destroyed the house. The homeowners submitted a claim with the insurance company and are in the process of having the property re-appraised.

e. 1803 North 850 East: The house is properly sealed but the property owner has not responded to a letter from Mr. Boise. Mr. Boise will attempt to contact the owner again.

2. The Kokomo-Howard County Plan Commission & Board of Zoning Appeals Annual Report for 2002 was presented the Commissioners’ review.

3. Case 56-CP-02 - one (1) lot in Judson Baptist Church Subdivision located at 7544 West 200 North was considered. Mr. Raver made a motion to approve Case 56-CP-02. Mr. Harbaugh seconded the motion and it carried.

4. Case 59-CP-02 – one (lot) in Obenchain Acres Subdivision located at 3384 South 500 West was approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, which carried.

5. Case 60-CP-02 - one (lot) in Abney’s Playground Subdivision located at 1537 South 1030 East was approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh and it carried.

6. Case 61-CP-02 - one (lot) in Hovermale Subdivision located at 10824 East 550 North was considered. Mr. Raver made a motion to approve Case 61-CP-02. Mr. Harbaugh seconded the motion, which carried.

7. Status of County Comprehensive Plan Contract: Comments were received from Assistant County Attorney Brian Oaks following the last meeting held on January 21st. The consultant, Ground Rules, Inc., made changes to the contract as recommended by Attorney Oaks and Mr. Boise. The County Council appropriated $50,000.00 for the first phase of the contract.

Mr. Raver made a motion to approve the Agreement Between Howard County and Ground Rules, Inc. for the Comprehensive Plan Preparation Services with Optional Zoning and Subdivision Control Ordinance Writing Services and authorize the Vice President to sign on behalf of the Commissioners. Mr. Harbaugh seconded the motion and it carried.

8. Ordinance No. 2003-BCC-06, An Ordinance Amending the Flood Hazard Mitigation Plan for Howard County: (See Pages 2 – 3, January 21, 2003 minutes, “In the Matter of Flood Mitigation Plan Amendment – Public Discussion” for related discussion) In accordance with the Commissioners’ request at the previous meeting, modifications were made regarding the status of homes on the “High-Risk” list (copies provided to the Commissioners). Mr. Raver made a motion to approve Ordinance No. 2003-BCC-06. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF JUVENILE COMMUNITY CORRECTIONS GRANT APPLICATION:

Chief Juvenile Probation Officer Don Travis presented the Department of Correction’s Community Corrections Grant Application for approval. The grant in the amount of $146,600.00 is for the Biennium year 7/01/03 through 6/30/05. This grant is used for the SHOCAP Tracker Program, Volunteer Service Work Program and helps pay for the Main Focus Gant.

Mr. Raver made a motion to authorize the Vice President to sign the Howard County Community Corrections Juvenile Grant Application. Mr. Harbaugh seconded the motion, which carried.

* * * * * * * * * * * *

Reopen public hearing for unsafe building - 9:30 a.m.

5389 East 50 South

(Continued from page 2, Item 1.a)

Joann Johnson and her daughter, Tosha St Clair, arrived for the hearing that was scheduled for 9:00 a.m. Mrs. Johnson is unable speak due to a health condition and Ms. St Clair spoke on her behalf. Ms St Clair said a contractor gave an estimate of $6,800.00 to demolish the buildings and remove the vehicles. County Attorney Larry Murrell suggested that Mrs. Johnson could contact an attorney to be advised of her rights regarding this issue. Mr. Boise will contact

Ms. St Clair and continue to investigate the case in the next two weeks.

Since the previous action was to refer the case back to Mr. Glen Boise for further review, the Commissioners did not take any further action on this issue.

The Public hearing concluded at 9:37 a.m.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Siemens Building Technologies Inc. Technical Support Program Proposal for 2003: (See page 4, January 21, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 3, for related discussion) Last year the Commissioners decided to approve the lease one (1) year at a time. Attorney Murrell corrected the signature page (Page 7) as follows:

Duration: This contract shall be for a term of one year unless renewed by Howard County as provided below.

Termination: This contract is subject to cancellation on thirty days notice by the Owner for non-performance. Either party may terminate the agreement prior to the expiration date by giving the other part 60 days written notice or the intent to terminate. The contract will automatically terminate at the end date indicated on the contract unless renewed.

Renewal: This contract will continue upon execution of the annual renewal notice by Howard County with the following charges.

Charges: 01/01/03 to 12/31/03 $33,398.00 Semi-annual payments of $16,699.00

01/01/04 to 12/31/04 $37,804.00 Semi-annual payments of $18,902.00
01/01/05 to 12/31/05 $37,938.00 Semi-annual payments of $19,469.00

Prices quoted in this proposal are firm for 30 days.

Siemens performs preventative maintenance as well as helping solve other maintenance problems at the Courthouse, Administration Center, Government Building, Kinsey Youth Center, and the Criminal Justice Center. Mr. Harrison recommended retaining Siemens services for 2003 in the amount of $33,398.00.

Auditor Martha Lake asked when the maintenance agreement at the Courthouse was to expire. Mr.

Harrison replied that the former maintenance agreement with Siemens ended on December 31, 2002. The heating and cooling system contract from Quality Plumbing and Heating will have a term of one year, commencing on the day the Courthouse renovation is accepted by the Commissioners. The Siemens Contract renewal for 2003 will be about $5,000.00 less than last year due to the maintenance agreements in effect at the Courthouse.

Mr. Raver made a motion to approve Siemens Building Technologies Service Contract for the Criminal Justice Center, Juvenile Center, Courthouse including the Administration Center, for a term of one (1) year, subject to changing the words on the front cover of the contract as follows:

i. Change the name Administration Building “Key Bank” to Howard County

Administration Center.

ii. Change the words “and Annex” to Howard County Government Building.

Mr. Harbaugh seconded the motion and it carried.

2. Cintas Unilease Service Agreement Renewal: Each of the fourteen maintenance employees is issued one jacket, six shirts and pants. The service agreement is for a term of three years. County Attorney Larry Murrell suggested deleting the provision stating “Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement.”

Mr. Raver made a motion to approve the Cintas Unilease Service Agreement for Maintenance Department uniforms as amended for a term of three (3) years and authorize the Vice President to sign on behalf of the Commissioners. Mr. Harbaugh seconded the motion and the motion carried.

3. Criminal Justice Center – Leaks in water lines: (See page 2, February 4, 2002 minutes, “In the Matter of Maintenance Department Issues”, Item 3, for related discussion) The problem of pin hole leaks in the hot water lines caused by electrolysis still exists. Last year, the recirculating pump and pump flanges were replaced in an attempt to stop the deterioration of the water lines. Mr. Harrison said everything has been done to stop the leaks except for replacing the water lines. Approximately 140 feet of pipe is proposed to be replaced with industrial strength copper. The pipe will be crimped instead of soldered to help alleviate the erosion. Mr. Harrison obtained a cost estimate from Quality Plumbing and Heating for $3,075.00. The cost of the project will be paid out of the Cumulative Capital Development Fund.

Mr. Raver made a motion to authorize $3,075.00 from the Cumulative Capital Development Fund for the above-described project. The motion was seconded by Mr. Harbaugh and it carried.

4. Emergency Management – Replace Six (6) Heaters: (See page 3, January 21, 2003 minutes, “In the Matter of Maintenance Department Issues”, Item 1, for related discussion) At the previous meeting, the Commissioners approved $1,600.00 out of the Cumulative Capital Development Fund for replacing the first two (2) heaters in the Emergency Management Building located at the County Highway Garage. Tenbrook Sales Inc. replaced the heaters and submitted a bill for $1,900.00. Mr. Harrison refused to pay the contractor because the cost was $300.00 more than the original quote. The contractor produced a signature from a member of Emergency Management for the $1,900.00.

True Cost to replace all 6 heaters 6 x $950ea. (not $800 ea.)= $ 5,700.00

Approved by Commissioners on 1/21/03 and Council on 1/28/03 - 1,600.00

Balance to be appropriated $ 4,100.00

Mr. Raver made a motion to authorize the request for $4,100.00 to be paid out of the Cumulative Capital Development Fund to pay the balance of the heating equipment at the Emergency Management building on Berkley Road. Mr. Harbaugh seconded the motion, which carried.

5. Government Office Building – Water cooling tower: On January 21st, 2003 the County Commissioners approved the quote for $9,000.00 from Quality Plumbing & Heating to replace the cooling tower on the roof. An appropriation request from the Cumulative Capital Development Fund will be forwarded to the County Council at their February 25th Meeting.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

There were no issues presented for discussion.

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUE – DOXPOP UPDATE (Court Record Internet Publishing):

(See page 5, January 21, 2003 minutes, “In the Matter of Information Systems Manager Issues”, Item 1, for related discussion)

Mr. Terry Tribby, Information Systems Manager, reported he made arrangements to roll out the new project to put records from the courthouse judicial tracking system onto the internet. Meetings have been scheduled for Tuesday, February 11, 2003 at 12:00 noon to 1:00 p.m. and at 4:00 p.m. to 5:00 p.m. Notices have been sent to the Commissioners, Council and Department Heads.

IN THE MATTER OF COURTHOUSE RENOVATIONS:

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

· Work continues in the Probation Department and Drug and Alcohol areas in the basement.

· The passenger elevator is anticipated to be back in operation in about two weeks. Mr. Bassett received a memorandum from the elevator contractor stating there are items outside of their contract that need to be changed in the hoist way (the masonry enclosure when the building was constructed). Mr. Bassett asked Terstep for a request for proposals for the following items in order to put the elevator shaft into code compliance (Proposal No. 22):

a. The cab light and a pit light need to be placed on separate circuits.

b. The phone line for the elevator and inmates need to be separate lines.

c. Additional smoke detectors are needed.

d. Some exposed wires not placed in conduit need replaced.

e. Enclose the roof drains running through the hoist way.

· Tie automatic recall buttons into the fire alarm system. Two (2) phone lines will be provided to the fire alarm panel that is being setup. Mr. Bassett recommends that the Courthouse be incorporated with an outside fire alarm monitoring system. (Proposal No. 8)

· The area in Voter Registration was originally designed with a lobby area and counter top. The Department Heads want to revise the area and enlarge a storage room. Mr. Bassett requested a proposal from the contractor to relocate a wall and a door to accommodate the design revisions. (Proposal No. 23)

The Tabulation of the requests is as follows:

Item No. Description Amount

8 Tamper & flow switch to fire alarm panel $ 3,200.00

22 Power & security at passenger elevator $ 4,708.00

23 Room Changes to Voter Registration $ 652.00

TOTAL $ 8,560.00

Mr. Raver made a motion to approve Change Order Numbers 8, 22 and 23 for a total of $8,560.00 as presented by Mr. Bassett. Mr. Harbaugh seconded the motion and the motion carried.

· The leak in the southeast wall of the building continues. Maintenance Superintendent Tom Harrison is working with a sewer contractor to insert a camera to identify breaks in the perimeter drain system. Some of the tile is broken, obstructed with roots and mud. The south and east side will need to be excavated again in order to replace the tile. Mr. Harrison will work with Mr. Bassett to put together a plan to resolve the problem.

· Plans for furniture are progressing. The Commissioners anticipate authorizing the legal advertisement for the purchase of furniture soon.

IN THE MATTER OF JULY 4th CELEBRATION:

(See page 7, January 21, 2003 minutes, “In the Matter of July 4th Celebration” for related discussion)

Democratic Mayoral Candidate Susan Alexander was not present to represent her proposal for an Independence Day Celebration. No action was taken on this issue.

IN THE MATTER OF VOTER REGISTRATION ISSUES:

Department Heads Darlene Elliott and Carol Shallenberger presented the following issues for Commissioner information and consideration:

1. City Precinct Numbering Change: (See page 6, December 2, 2002 minutes “In the Matter of County Clerk Issues”, Item 3, for related discussion) The Commissioners voted, at the December 2nd, 2002 meeting, to approve the precinct numbering changes that occurred in 2002. However, the State Election Division requires the approval to be in ordinance form. The Commissioners requested Ms. Elliott to research and find out what terminology the state requires. Also County Attorney Larry Murrell said he would review the state statute regarding the language in order to prepare a proper ordinance.

2. Annexation of Precinct 6223: An order is required for the annexation of Precinct 6223. Ms. Shallenberger explained the order should have been passed before December 2002 in order for it to be legal at the State level. The people in the precinct still have the right to vote in this municipal election, therefore it would be best to determine what precinct this annexation is going into. Even though this annexation is contiguous to the new precinct 15 (Clay Township/City of Kokomo precinct), it cannot be become part of the new precinct because it was taken from Center Township. Ms. Shallenberger recommended that the annexation be put in precinct 12, which would naturally mesh with future annexations.

Mr. Raver made a motion to add the newly annexed area into Center Township/City of Kokomo Precinct 12 and follow with a written ordinance. Mr. Harbaugh seconded the motion, which carried.

IN THE MATTER OF ADULT COMMUNITY CORRECTIONS GRANT APPLICATION:

Adult Community Corrections Director Steve Maus presented the following issues for Commissioner information and approval:

1. Adult Community Corrections Grant Application: The bi-annual grant will be effective July 1, 2003 through June 30, 2005. Mr. Maus spent a few moments explaining the program components. Mr. Raver made a motion to approve the Community Corrections Grant Application and recommend that it be sent to the Indiana Department of Corrections. Mr. Harbaugh seconded the motion, which carried.

2. Amend County Employee Handbook Regarding Working Hours: Because of the nature of business of Community Corrections to maintain public safety and serve clients, it is sometimes necessary for staff members to work hours outside of the 8:00 a.m. to 4:00 p.m. workday. The Kinsey Youth Center has a separate, similar policy in the handbook. Upon review of this issue, County Attorney Larry Murrell recommended amending Section 3.2, Work Hours, of the Policy Handbook to include this provision for Community Corrections.

Mr. Raver made a motion to amend Section 3.2 of the Howard County Employee Handbook to include the provision as presented. Mr. Harbaugh seconded the motion and it carried.

IN THE MATTER OF MAPPING DEPARTMENT ISSUES:

(See page 6 - 7, January 21, 2003 minutes, “In the Matter of Mapping Department Issues”, for related discussion)

Jamie Shepherd, Mapping/Property Records & Draftsman of the Howard County Auditor’s Office presented the following issues for Commissioner information and approval:

1. GIS Professional Services Agreement: An Authorization to Proceed to create topology and new centroids for the Clay, Liberty, and Monroe Township parcel maps was reviewed. The topology is expected to be completed by the next GIS Committee Steering Committee meeting on February 13th, 2003.

Mr. Raver made a motion to approve the Authorization to Proceed with The Schneider Corporation and authorize the Vice President to sign on behalf of the Commissioners. Mr. Harbaugh seconded the motion and it carried.

2. Fly New Aerial Maps:

a. Rescind Proposal: At the January 21st meeting, the Commissioners accepted a proposal from Aerocon Photogrammetric Services, Inc. subject to the County Attorney’s review. Upon review, it was discovered that the quote for the planimetrics feature, which was in the specifications, was erroneously omitted. Mr. Raver made a motion, seconded by Mr. Harbaugh and carried, to adopt the following Resolution:

RESOLUTION CONCERNING AERIAL MAPPING QUOTES

Pursuant to I.C. 5-22-7-10(b), the Board hereby makes a written decision to rescind its acceptance on January 21, 2003 of the quote submitted by Aerocon Photogrammetric Services, Inc. for the following reasons:

1. The Board’s request for quotes specified Planimetrics as one of the tasks to be accomplished;

2. In its action on January 21, 2003, the Board erroneously excluded the Planimetrics feature from consideration in evaluating the various proposals;

3. When Planimetrics is considered, Aerocon’s quote is not the lowest responsible and responsive quote; and

No written contract has been signed with Aerocon.

b. Accept proposal: Upon the recommendation of the Mapping Department and after consideration of all bids submitted for the new Aerial Maps Project, Mr. Raver made a motion to accept Williams Aerial to perform the aerial photography, scanning, triangulation and planimetrics in the amount of $70,630.00 subject to review of the contract by the County Attorney. Mr. Harbaugh seconded the motion and it carried.

IN THE MATTER OF EXTENSION OFFICE – ANNUAL REPORT:

There was no one present to make this report.

IN THE MATTER OF COUNTY CLERK ISSUES:

Mona Myers, Howard County Clerk and Secretary to the Election Board, presented the following issues for Commissioner information and approval:

1. Polling Site List for 2003: The polling site list for the 2003 election year was presented. Each polling site has a signed agreement with the County Election Board to provide the site for the entire year. Mr. Raver made a motion to approve the list of polling sites for 2003, as submitted. Mr. Harbaugh seconded the motion, which carried.

2. CSI Upgrade: Ms. Myers did not have all the information necessary to make presentation at this time.

IN THE MATTER OF STREET LIGHTS IN INDIAN HEIGHTS SUBDIVISION:

Mr. John Roberts, Indian Heights resident and member of the Indian Heights Community Association requested Commissioners’ support regarding installation of additional street lights on every street corner. Mr. Roberts said there would be not cost to the County. He said the Community Association is asking the County Commissioners to impose a Barrett Tax of not more than ten dollars per house per year to each homeowner and pay the power company with the collected funds.

Mr. Roberts described the subdivision as an older, densely populated urban community with approximately 5000 residents in an area less than a square mile. Maps showing the current locations of the street lights were provided. Only twenty-one street lights serve seventy intersections in the subdivision.

The Indian Heights Community Association (I.H.C.A.) has a non-binding annual light assessment of five dollars for each home, but only about 28% of the households pay the assessment. Payment is strictly voluntary; the I.H.C.A. does not have the authority to force payments from the residents. Each year the I.H.C.A sponsors fund raisers, sells advertisements and raffle tickets to earn money to keep the current street lights on. Even with the fundraisers and volunteer street light assessment, there is not enough money for adequate lighting.

Mr. Roberts spoke on the benefits of proper street lighting. An important benefit would be that emergency response vehicles would have a faster response time to their destinations.

According to the provisions of I.C. 36-9-36-2, the Barrett Law for funding does not include lighting. The County Attorney will further research the Barrett Law process to see what the County is permitted to do.

IN THE MATTER OF SEIBERLING MANSION – DESIGNER SHOW HOME PROGRAM:

Executive Director Kelly Thompson would like the Commissioners to be aware that the Seiberling Mansion will be featured as the 2003 Designer Show Home and will be open to the public from May 4, 2003 through May 26, 2003 with May 3rdscheduled as the Special Grand Opening date. A consultant was brought in from outside the community who specializes in Victorian interior design. All of the designers who normally participate in the Designer Home Show Program will transform the mansion into a 21st century family residence. The idea is to create a backdrop that is reminiscent of when the mansion was built. The project is a sponsorship program that will fund $240,941.00. All of the proceeds from the designer show home will return to the Historical Society. This money will help launch new exhibit plans. When the show concludes, all the new improvements valued at $481,882.00 will remain.

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 February 3, 2003 in the amount of $1,776,375.95 were approved on a motion made by Mr. Raver, seconded by Mr. Harbaugh, and carried.

2. Commissioners’ Salary Claims for hourly, salary, and overtime payable for February 7th and February 14th, 2002 were approved on a motion made by Mr. Raver. Mr. Harbaugh seconded the motion, which carried.

3. The County Wage Report for the year-2002 was presented for Commissioner information.

4. The Annual County Financial Report for 2002 was accepted by consensus.

5. A claim from Miles and Finch in the amount of $526,668.00 for the annual liability insurance premiums will be paid on February 17th, 2003.

6. Grant Administrator Tina Mendenhall sent a memorandum advising that IDOC scheduled a site visit with the Honey Creek Volunteer Fire Department on Friday, February 21, 2003 at 2:30 p.m. The meeting will be held at the Russiaville Fire Station.

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

MS4 Coordination $ 1,796.62

400 North Right-of-Way Project $10,375.20

8. Requests for additional appropriations may be submitted to the Auditor’s Office by Friday, February 7th 2003 in time to be properly advertised.

9. Pursuant to Indiana Law Code section 36-8-16-11(b), SBC Ameritech is required to provide a surcharge collection delinquency report during January of each year. Auditor Lake was pleased to report that Howard County does not have any delinquent 9-1-1 surcharges.

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 February 2002. Mr. Raver made a motion to approve payment. Mr. Harbaugh seconded the motion and it carried.

2. Attorney Murrell will be on vacation from February 8th to February 22nd, 2003. Assistant County Attorney Brian Oaks will be present at the Commissioners meeting scheduled on Monday, February 17, 2003.

IN THE MATTER OF COMMISSIONER ISSUES:

1. A letter was received from Mr. Paul Wood, President of the Main Street Association, thanking the Commissioners for cooperating with the New Years Eve Celebration by allowing the Courthouse Roof to be used for a pyrotechnics display.

2. David Broman sent a letter thanking the Commissioners for their past cooperation and use of the Courthouse for the Haynes Apperson Festival.

3. Mr. Raver attended a meeting held at the Chamber of Commerce to discuss ideas for a July 4th celebration in place of the Haynes Apperson Festival that was cancelled for the year-2003. A group of people in Howard County are resolved to make sure that the festival carries on. One of the many issues discussed was keeping the Haynes Apperson name with the festival. A suggestion was made at the meeting to use the name Haynes Apperson Day. At that time the County was not asked for any particular participation.

4. Mr. Raver said the Commissioners should start thinking about whether to continue the Howard Haven (County) Home facility before planning the budget 2004. Kim Krieg’s term as Administrator of Howard Haven ends March 1, 2003. Mr. Raver requested that these issues be placed on the agenda for discussion at the next Commissioners’ meeting on Monday, February 17th, 2003.

5. Darrough Chapel Sewer Situation Update: (See page 6, December 16, 2002 minutes, “In the Matter of Darrough Chapel Sewer Situation” for related discussion) The Commissioners requested Greg Lake from the Howard County Department of Health to propose a testing plan with costs and report back to the Commissioners. The Commissioners requested Mr. Lake’s appearance at the next meeting on February 17th to report the status of his research.

6. Road 400 North Project: (Discussion continued from page 2, “In the Matter of Highway Issues”, Item 5b) A portion of the cost is reimbursable, however, the County must have enough money to pay the initial cost. A little more information needs to be studied in order to decide what amount to request for the project. The Commissioners decided to proceed with the legal advertising and discuss whether to change the amount at their next meeting.

There being no further business before the Board at this time, Mr. Raver made a motion to adjourn. Mr. Harbaugh seconded the motion and it carried. The meeting closed at 11:45 a.m.

THE HOWARD COUNTY BOARD OF COMMISSIONERS

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BRADLEY J. BAGWELL, PRESIDENT

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JOHN B. HARBAUGH, VICE-PRESIDENT

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PAUL J. RAVER, MEMBER

ATTEST:

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MARTHA J. LAKE, AUDITOR

Commissioner Minutes, February 3, 2003