HOWARD COUNTY BOARD OF COMMISSIONERS MEETING FEBRUARY 2, 2004

The Howard County Board of Commissioners met in Regular Session on Monday, February 2, 2004, at 8:30 a.m. in Hearing Room No. 338 of the Howard County Administration Center. Those in attendance included President John B. Harbaugh, Vice President Paul J. Raver, and Member Bradley J. Bagwell. 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 John B. Harbaugh.

The minutes from the previous meeting held on January 20th, 2004 was reviewed. There being no additions or corrections, Mr. Raver made a motion to approve the minutes as submitted. Mr. Bagwell seconded the motion, which carried. The minutes from the Special Called Meeting held on January 27th, 2004 was deferred until the next regular meeting scheduled for February 16th, 2004.

IN THE MATTER OF HIGHWAY ISSUE:

Mr. Ted Cain, Howard County Highway Engineer/Superintendent presented the following issue for Commissioner information and approval:

1. Permanent Grants of Right-of-Way: Two (2) right-of-ways were accepted and conveyed to the Board of Commissioners accommodating the improvements to Bridge No. 157 on 125 North at 1180 West on a motion made by Mr. Bagwell. Seconded by Mr. Raver, the motion carried.

IN THE MATTER OF SHERIFF DEPARTMENT ISSUES:

Sheriff Marshall Talbert presented the following issues for Commissioner information:

1. Military Service Personnel Update: The Sheriff’s Department received Deputy Paul Cherry’s military orders and he expects to be away for one (1) year. Deputy Scott Waymire will temporarily receive the salary from Deputy Cherry’s pay appropriation until Deputy Cherry returns to the department.

2. The twenty-six (26) Pentax 105 - 35 mm cameras purchased with grant funds from the Indiana Criminal Justice Institute were received. The cameras will be distributed to the officers this week.

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. Mr. Boise presented the Kokomo-Howard County Plan Commission’s Annual Report for the year-2003.

2. Case 39-CP-03 – one (1) lot in BK & BW Subdivision located at 2774 North 400 West was approved on a motion made by Mr. Bagwell. Mr. Raver seconded the motion, and it carried.

3. Case 25-CP-03 – one (1) lot in Widespread Acres Subdivision located at 6239 West 250 South was considered. Mr. Raver made a motion to approve Case 25-CP-03. Seconded by Mr. Bagwell, the motion carried.

4. Unsafe Buildings: There was no new information presented at this time.

5. Flood Mitigation Issues: (See page 2, January 20th, 2004 minutes, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 3, for related discussion) Mr. Boise is waiting on the County Council’s recommendation for allocation of funds. In the meantime, Mr. Boise contacted S.E.M.A. regarding answers to the following questions:

ă Have homeowners ever been asked to contribute a portion of the match money? The response was yes.

ă Could relocation expenses being incurred by some of the homeowners be used to contribute to the local match? The answer is no.

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

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

1. Administration Center: The furnace was not functioning this morning and the maintenance staff is working on repairing it. Siemens has been called in to help.

2. The snowplow on the truck that plows the county owned parking lots is not working. An electronic part has been ordered and is anticipated to be delivered today.

3. Best Access Systems is scheduled at 12:00 p.m. today to install the lock on the prisoner access door to the Courthouse.

4. The Terstep Company provided a worker to install signs on the interior doors in the Courthouse.

5. No further information has been received about the new grates ordered for the prisoner holding cell.

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

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

1. Commissioner Appointments for 2004: The Howard County Council recommended the reappointment of Mr. James W. Miller to the Howard County Economic Development Commission. Mr. Raver made a motion to reappoint Mr. Miller for a four (4) year term beginning February 1, 2004 and ending January 31, 2008. Mr. Bagwell seconded the motion, and it carried.

2. Anthem is currently working on the identification cards for the term starting on February 1st, 2004. Mrs. McKillip anticipates receiving the cards by next week.

3. Selective Insurance: A meeting was held on January 28th, 2004 regarding workers compensation. There were no problems anticipated in moving forward. Mrs. McKillip plans to meet with various county departments to explain any changes.

4. The County Newsletter was distributed late due to some problems with the copy machine.

5. Birthday Post Cards: Mrs. McKillip has been working on the post cards and hopes to have them ready to present at the next meeting.

IN THE MATTER OF EMERGENCY MANAGEMENT AGENCY:

EMA Director Larry Smith presented the following issues for Commissioner information and approval:

1. A ddition to Storage Building: About two years ago a mobile command center was built and set up for the community. The current equipment consists of a 350-kilowatt generator mounted on a semi-trailer and tractor, with telephone capabilities. The storage mobile command needs to be protected from the weather elements but the E.M.A. building located at the County Highway Department is not large enough. The total overall size of the building needs to be 24’ wide x 98’ long. Mr. Smith presented informal building estimates to the Board.

Mr. Smith talked about some serious electrical problems and the need to upgrade the electric for the entire building. Due to the problems, the service for the new construction cannot tie into the existing building. A new 200-amp power box may be needed to accommodate the electrical upgrade.

Mr. Smith was informed of the proper procedure to request quotes. In fairness to the vendors, a list of written specifications is needed so they can all quote on the same work. Discussion was also held that the electrical work might be considered a separate project. It was the consensus of the Commissioners to suggest that Mr. Smith prepare specific written specifications and request new quotes for the project.

2. Encoding Back Up System: The Dispatch Center at the Jail lost their encoding system at 10:00 p.m. on Saturday, January 31st, 2004. Supposedly the SBC line runs from the Jail to the tower site. When the telephone lines were down a person from the Emergency Management Agency went to verify whether the dispatch is on the same line system as Emergency Management. EMA manned the system from 10:00 p.m. on Saturday until officers arrived at 6:00 a.m. on Sunday morning. Mr. Smith said the county needs to make sure it has a dependable back-up source with the Emergency Operations Center in case of an emergency.

IN THE MATTER OF INFORMATION SYSTEMS DIRECTOR ISSUES:

Information Systems Director Terry Tribby did not have any information to present at this time.

IN THE MATTER OF WATER SUPPLY PROTECTION:

Plan Commission Director Glen Boise said for the past two (2) years the Plan Commission has been working with the Water Company on a wellhead protection plan.

Mr. Deron Allen said the Water Company has been working several years with the Indiana Department of Environmental Management on the Wellhead Protection Program. Most of the program is required by law to be completed in segments. Mr. Allen turned the floor over to Mr. Jack Wettman, President of WHPA, Inc., and a certified groundwater professional.

Mr. Wettman gave a comprehensive presentation about the work that the Indiana American Water Company has done over the past several years to protect the water supplies and provide safe drinking water to the community.

State Department of Environmental Management is implementing a part of the safe drinking water act in requiring community water supply systems to participate in a wellhead protection plan. Howard County began working on Phase I of the program in 1999. An inventory of all the businesses and land uses that could potentially contaminate an aquifer was compiled. The next step is for the citizens and planners of the community to form a local planning team to determine how to manage these risks to the water supply. During Phase II of the program WHPA, Inc. will continually track, update, and modify the potential contaminant source inventory.

The Commissioners thanked Mr. Wettman for presenting the update on the Wellhead Protection Program.

IN THE MATTER OF KINSEY YOUTH CENTER:

Director Jan Weaver presented copies of quotes to replace their 1994 Chevrolet Transport Van with a 7/8 passenger, 4-wheel drive vehicle. The following quotes included trade-in, discounts, and rebates:

Eriks Chevrolet 2004 Chevy Trail Blazer $22,958.86

Button Motors 2004 Dodge Durango $29,454.00

Kokomo Auto World 2003 Ford Explorer $26,000.00

2003 Ford Expedition $28,500.00

Mrs. Weaver recommended the 2004 Trail Blazer from Eriks Chevrolet because it is the lowest price and meets the requirements for transport needs.

Auditor Martha Lake mentioned that the state is not currently approving any funding even though additional appropriations are being sent down to the state. The state is unable to grant any written approvals until our county gets tax rates and budgets in place. Auditor Lake estimated it would take about three to four weeks for the tax rates to be obtained. In summary, the funds are there but they have not yet technically been released for spending.

Mr. Raver made a motion to authorize the purchase of the 2004 Chevrolet Trail Blazer from Eriks Chevrolet at the final price of $22,958.86 subject to State approval of the funds. Mr. Bagwell seconded the motion, and it carried.

IN THE MATTER OF DEPARTMENT OF HEALTH ISSUES:

Executive Director, Kris Conyers, together with Environmental Coordinator Greg Lake presented the following two ordinances for Commissioner information and approval. Assistant County Attorney Brian Oaks has reviewed both ordinances and found them to be compliant with Indiana law.

1. Ordinance No. 2004-BCC-05, a Howard County Health Department Fee Collection Ordinance to establish and collect fees for services as provided by IC 16-1-4-24. Following a cost analysis in 2003 the Howard County Board of Health felt a need to update the fee ordinance. The Board of Health adopted this revised ordinance at their last meeting on January 12, 2004. Mrs. Conyers explained the changes made to the narrative portion and Schedule A, establishing the fees. Currently the Health Department does not inspect vending machines but the fees were left in the schedule because Mrs. Conyers anticipates inspecting them sometime in the future. Mr. Lake explained the five (5) Menu Types listed under Section 111-B Retail Food Establishment Permits.

Mr. Raver made a motion to approve Ordinance No. 2004-BCC-05 for fee collection by the Howard County Health Department. Mr. Bagwell seconded the motion, which carried.

2. Ordinance No. 2004-BCC-06, an ordinance regulating Retail Food Establishments and Bed and Breakfast Establishments. The Board of Health updated the food ordinance two years ago when the State Food Code was completely revised. Since that time some state regulations have been applied to food services that necessitate modifying the food ordinance to reflect those changes. Mr. Lake gave a brief account of the changes that were incorporated into the revised ordinance.

Ordinance No. 2004-BCC-06, the Retail Food Establishment and Bed and Breakfast Establishments was approved on a motion made by Mr. Bagwell. Seconded by Mr. Raver, the motion carried.

IN THE MATTER OF COMMUNITY CORRECTIONS ISSUE:

Community Corrections Director Steve Maus presented the Community Corrections Yearly Report for the fiscal year July 1, 2003 to June 30, 2004. Mr. Maus explained the some of the components of the report and stated he is waiting on the Department of Corrections to provide the number of felons for the calendar year 2003. The Howard County Community Corrections Advisory Board approved the Yearly Report on January 29th, 2004.

Mr. Bagwell made a motion to approve the Community Corrections Yearly Report pending insertion of the number of felons from the Department of Corrections. Mr. Raver seconded the motion, and it carried.

IN THE MATTER OF SUPERIOR COURT II ISSUE:

Ms. Connie Cook, an employee of Superior Court II, requested Commissioner recommendation to dispose of a large dry erase board that was ordered in error from The Quill Company. Ms. Cook contacted the company about returning the item but due to the way the item was packaged, it could not be returned. A representative from the company offered to credit the account in the amount of $127.00 on the condition that the item should be donated. Following a brief discussion, Mr. Raver made a motion to donate the dry erase board to Howard County 4-H Exhibit Association. Mr. Bagwell seconded the motion, and it carried.

IN THE MATTER OF HOWARD HAVEN COUNTY HOME:

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

1. The two hobby rooms were cleaned and made into regular rooms. They are ready for occupancy. The Co-Managers anticipate an application from a woman very soon.

2. Information was received that the ARCH Program requires residents to live in the home before they would consider approving their applications. Discussion ensued as to what length of time should be allowed for a resident to be accepted on the ARCH Program and the possibility of charging interim fees until the ARCH money begins to come in.

3. The Disaster Preparedness Coordinator and E.M.A. Director Larry Smith visited the facility to discuss options for contacting first responders in the event of an emergency. One recommendation was to have a cell phone at the facility for communication during an emergency or when transporting residents. Mr. Bagwell made a motion to authorize the Howard Haven Home Co- Managers to obtain a cell phone and plan at a minimal cost. Mr. Raver seconded the motion, which carried.

4. Requests out of Cumulative Capital Development Fund:

a. For security purposes the Co-Managers wish to have doorbell system installed on the front and back doors and buzzer alarms on the interior doors. Instead of locking the interior doors, the buzzers would alert the staff if someone were to go through the doors during the night. An estimate was obtained from Koorsen Protection Services in the amount of $1,273.00.

b. To remove and replace carpeting throughout the building, Stout & Son Flooring & Furnishings and McCool’s Flooring Outlet have both provided quotes in a range of $13,500 to $15,000.

c. Due to the large amount of laundry being washed each day there is a need to purchase commercial type washers. Prices were obtained for two (2) front-loading heavy-duty washers as follows:

HH Gregg $2,006.30 includes stands

McCool’s At Home $1,199.00 plus tax plus two stands for $249.08

Mr. Raver made a motion to authorize the request for $20,000 out of Cumulative Capital Development Fund for the various items and repairs in Howard Haven Home. Mr. Bagwell seconded the motion, which carried.

5. Ms. France explained the need for additional money to pay for part time and overtime costs. A motion was made by Mr. Bagwell, seconded by Mr. Raver and carried, to approve the following request for additional appropriations out of the County General Fund for Howard Haven, pending County Council approval:

Part Time $16,000.

Overtime $14,000.

David Lawson RN Med. Setup $ 2,200.

Total $32,200.

6. A brochure advertising Howard Haven was presented for the Commissioners to examine and make suggestions regarding the design. Black and white print was preferred in order to keep the cost of printing low.

7. The Commissioners scheduled Monday, March 1st, 2004 to tour the facility and have lunch.

IN THE MATTER OF E-911 COMMUNICATIONS:

Steve Kline from the Sheriff’s Department presented the following issues for Commissioner information:

1. Reimbursement of Funds: The State Wireless Board has approved almost full reimbursement for the aerial photographs and E-911 mapping for the Communications Center. The reimbursement for the aerial photographs is $81,184.92; $55,950 is the mapping cost reimbursement; for a total received of $137,134.92. The money will be placed back into the E-911 Fund and the Reassessment Fund from which the original disbursements were made.

2. Mr. Kline thanked Emergency Management Director Larry Smith for their assistance and allowing Communications personnel to utilize the EMA building when the telephone lines malfunctioned.

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 2nd, 2004 in the amount of $1,185,454.31were approved on a motion made by Mr. Bagwell, seconded by Mr. Raver, which carried.

2. Commissioner’s Salary Claims for hourly, salary, and overtime payable for February 6th, and February 13th, 2004 were approved on a motion made by Mr. Bagwell. Mr. Raver seconded the motion, and it carried.

3. Insight Communications sent a notice of monthly rate increases: Classic Service will be raised from $24.20 to $26.70 on March 1st, 2004 and Basic Service will remain the same cost at $13.55.

4. A Notice of Public Hearing was received regarding land adjacent to property owed by Howard County. The Kokomo City Plan Commission will hold a public hearing on Case 1-P-04, the petition of Bowyer Brothers LLC requesting approval of the preliminary plat for Bent Creek Subdivision to be located at 1805 E. Sycamore St. on Tuesday, February 10, 2004 at 7:00 p.m. in the Neal Council Chamber of Kokomo City Hall. Mr. Harbaugh volunteered to attend the public hearing.

5. Copies of the Soil and Water Agenda and Minutes were provided to the Commissioners.

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

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

1. Attorney Murrell presented a claim for his monthly office allowance in the amount of $385.00 for February 2004. Mr. Bagwell made a motion to approve payment. Mr. Raver seconded the motion, and it carried.

2. Attorney Murrell advised he would be out of town from February 7 to 21, 2004. Assistant County Attorney Brian Oaks will attend the next Commissioners’ meeting on February 16, 2004.

IN THE MATTER OF COMMISSIONER ISSUES:

1. Mr. Bagwell will be out of town during the week of February 9, 2004. He will return in time to attend the next meeting on February 16th, 2004.

2. Steers on the Square: Recently the local newspapers featured articles about a fund raising event to support Bona Vista Programs. Fiberglass steer sculptures featuring Kokomo’s Old Ben are available for sponsorship. Sponsoring businesses will be partnered with a local artist who will help turn the steers into a work of art. The designed steers will be on display downtown on the square during the summer months of 2004. A community cattle auction will be held at the end of the event. Last week Mr. Raver talked with a person representing the event and found out that the steers will be placed on the business side of the square and not the Courthouse lawn.

3. County MS4 Coordinator Beryl Grimme, has scheduled a meeting with Ms. Amy Moore, Environmental Engineer with Butler, Fairman & Seufert, and MS4 Facilitator, on Wednesday, February 4th, 2004 at 1:00 p.m. to discuss updates.

4. GIS Steering Committee meetings have further been delayed due to the amount of work associated with the recent petition and remonstrance involving the Northwestern School Corporation.

5. On Thursday, February 5, 2004, meetings are scheduled in Room 220D for a state visit at 9:30 a.m. regarding the Taylor Township Regional Sewer District Project and at 10:00 a.m. a site visit for the New London Conservancy District Sewer Project.

6. Taylor Township Regional Sewer District has a public hearing scheduled on Monday, February 9th, 2004. On Tuesday, February 10th, 2004, Taylor Township R.S.D. has scheduled an easement signing. Both meetings will be held at the Taylor Township Fire Department on Center Road.

7. A Sewage Plan meeting is scheduled on Thursday, February 26th, 2004.

8. The meeting to discuss plans for the 2004-2005 Edit Monies has been rescheduled to Thursday, February 5th, 2004 at 2:00 p.m.

9. Council Representative Dwight Singer reminded the commissioners that during the final budget hearings last year, the Council made a statement that additional employees, salary increases, and additional part time money needs to be watched very closely. Mr. Singer was concerned that the Commissioners appropriated about $30,000.00 today for additional part time pay. Mr. Singer commented that money is tight and that the Council would certainly scrutinize the requests.

IN THE MATTER OF TAYLOR REGIONAL SEWER DISTRICT:

Mr. Jerry Williams, Professional Engineer with Gove and Associates, reported that Taylor Regional Sewer District completed their preliminary engineering report. I.D.E.M. has approved the technical portion of the report and is going through the environmental clearance side. One outstanding item is that the State Historic Preservation Office has required an archeological reconnaissance of the wastewater plant site that will take place within the next two weeks. An archeological and environmental clearance is anticipated in the next thirty to sixty days. At that point the project will become fundable through the State Revolving Loan Fund, which means that the loan can close.

As Mr. Raver mentioned earlier, the Department of Commerce will meet in Room 220D on February 5th to sit down and answer questions. Next week the public hearing will be held on February 9th, and the easement signing on February 10th, which will be an ongoing project for approximately two or three weeks.

Mr. Williams anticipates securing the required permits within sixty to ninety days. Once the permits are in place, the work will go to letting in the spring. Depending on the Department of Commerce funding, construction could begin in the summer.

There being no further business before the Board at this time, Mr. Raver made a motion to adjourn. Mr. Bagwell seconded the motion and it carried. The meeting closed at 11:15 a.m.

THE HOWARD COUNTY BOARD OF COMMISSIONERS

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JOHN B. HARBAUGH, PRESIDENT

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PAUL J. RAVER, VICE PRESIDENT

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BRADLEY J. BAGWELL, MEMBER

ATTEST:

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MARTHA J. LAKE, AUDITOR

Commissioner Minutes, February 2, 2004