HOWARD COUNTY BOARD OF COMMISSIONERS MEETING SEPTEMBER 16, 2002

 

 

The Howard County Board of Commissioners met in Regular Session on Monday, September 16, 2002, at 8:30 a.m. in Hearing Room No. 338 of the Howard County Administration Center.  Those in attendance included President Paul J. Raver, Vice President Bradley J. Bagwell, and Member John B. Harbaugh.  Also present were County Attorney Larry Murrell, and Auditor Martha Lake.  Personnel Administrator Wanda McKillip was unable to attend this meeting.  

 

The meeting was called to order by Major Larry Shipman and conducted by President Paul Raver.

 

The minutes from the previous meeting held on September 3rd, 2002 were reviewed.  There being no additions or corrections, Mr. Bagwell 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:

 

1.        The railroad crossing at 50 North and Payton Street in Greentown was reopened on Friday, September 13th after the repair work.  The railroad tracks were raised more than anticipated, so additional asphalt will be added for leveling.

 

2.        Howard County Bridge Inspection Agreement:  (See August 5, 2002 minutes, page 1, “In the Matter of Highway Issues”, Item 1) Mr. John Speidel, Secretary Treasurer from Butler Fairman and Seufert, arrival was delayed until later during the meeting.  (Continued on page 6)

 

3.        Taylor Primary School sent a letter thanking Ted Cain and the County Highway Department for getting their safety cross-walks painted.

 

4.        County Right-of-Way Encroachment:  Homeowners Lamonte R. and Mary F. Edison at 801 Hillsdale Drive submitted a petition to place a portion of their septic system in the county’s right-of-way.  (See previous discussion in April 15th 2002 minutes, page 1, “In the Matter of Highway Issues”, Item 1.b)  (Discussion continued on page 4) 

 

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 40-CP-02 – one (1) lot in Ronald Coleman Subdivision located at 1574 North 400 West was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion and it carried.

 

2.        Case 26-CP-02 – two (2) lots in Peterson Subdivision located at 1919 North 1100 East was considered.  Mr. Bagwell made a motion to approve Case 26-CP-02.  Seconded by Mr. Harbaugh, the motion carried.

 

3.        Case 42-CP-02 – one (1) lot in Spankyville Subdivision located at 2903 South 600 West was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion and it carried.

 

4.        Flood Management Program Status: 

 

a.     Mr. Boise contacted the State Emergency Management Agency  (SEMA) and was advised that the remainder of the grant (See September 3, 2001 minutes, page 2, “In the Matter of Plan Commission Issues”, Item 8) is being processed.

 

b.     A memo about the Federal Emergency Management Agency’s Community Rating System (CRS) Program was presented.  (For previous discussions, see September 3rd 2001 minutes, page 2, Item 8 “In the Matter of Plan Commission Issues” and July 15th 2002 minutes, page 2, “In the Matter of Plan Commission Issues” Item 2). This system is used by the flood insurance program to reduce flood insurance rates by 5-10% for communities participating in the program.  The City already participates in the program.  Mr. Boise asked the Commissioners to review the information and consider whether they would be interested in having Howard County join the program.

 

                5.     Unsafe Structures  -  Martin Meyers’ property at 3904 South 350 West:  Initially this property was discussed at the October 15th 2001 meeting (See October 15th 2001 minutes, page 2, “In the Matter of Plan Commission Issues”, Item 2).  The owner lives out of the state and has many legal problems pending in Indiana.  A representative from State Attorney General’s Office contacted the Plan Commission last week to suggest that the County proceed with condemning the building.  The building is dilapidated and needs torn down.  The property contains abandoned vehicles, old tires, and debris.  Mr. Boise will research information and seek advice from the County Attorney regarding possible condemnation procedures.

 

 

 

IN THE MATTER OF KOKOMO CHURCH OF CHRIST RIGHT-OF-WAY REQUEST:

 

Mr. Wyatt Johnson, P.E., L.S., Church Building Committee Member Greg McCarty and County Highway Superintendent Ted Cain presented the following issue for Commissioner information and approval:

 

Kokomo Church of Christ is in the process of subdividing land to build a new church.  The property is bordered by Morgan Street to the north and Berkley Road to the east.  The County Plan Commission’s Plat Committee discussed the dedication of the right-of-way, and whether to require the Church to build road improvements.  The Church will dedicate the right-of-ways along the north and west property lines and pay the required road frontage fee for the existing roads.  Mr. Cain felt it would not be fair to require the Church to build a section of the road. 

 

Setback requirements were discussed.  The Commissioners wanted to be sure there is enough right-of-way to extend 200 North across to Morgan Street and make it a primary feeder between Dixon Road and Washington Street.  Although the church plans to dedicate a 40 ft. right-of-way, the Commissioners questioned whether 50 ft. is needed to eventually improve the road to four lanes.  Commissioner Bagwell would like the County to avoid having to purchase additional right-of-way in the future.  Mr. Johnson said the larger right-of-way would not affect the current building plans, but may impact future expansion of the church.  Mr. Johnson was opposed to dedicating the additional 10 feet due to the fact that it might never be used by the county.

 

By consensus, the Commissioners asked Mr. Cain to research if a 40-foot right-of-way is sufficient to improve the road to four lanes and report the information at the next meeting scheduled for October 7, 2002.

 

IN THE MATTER OF VETERAN’S SERVICE ADMINISTRATION ISSUE: 

 

Mr. Allen Polsgrove Jr., County Veterans Service Officer, requested approval to close his office on Friday, October 11th 2002 to attend the Indiana Department of Veterans Affairs (IDVA) Conference in Indianapolis.  Mr. Harbaugh made a motion to approve the request.  Mr. Bagwell seconded the motion and it carried.

 

IN THE MATTER OF CITY OF FIRSTS AUTOMOTIVE HERITAGE MUSEUM, INC. ISSUE:

 

General Manager Jerry Jenkins invited everyone to attend a free birthday celebration honoring Elwood Haynes on Monday, October 14th 2002.  Festivities begin at 9:00 a.m. at the Elwood Haynes Museum located at 1915 S. Webster Street and will move to the City of Firsts Automotive Heritage Museum on U.S. 31 North from 1:00 to 7:00 p.m.  Mr. Jenkins requested approval to include a pamphlet with information regarding the activities in county employees’ paychecks.  A motion to authorize placing the pamphlets announcing the Elwood Haynes Birthday Party in the employee paychecks was made by Mr. Bagwell, seconded by Mr. Harbaugh and carried.

 

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

 

Maintenance Superintendent Thomas Harrison had no issues to discuss at this time.

 

IN THE MATTER OF SALVATION ARMY COORDINATED ASSISTANCE MINISTRIES (CAM) – Annual Grate American Sleep-Out:

 

CAM Director Ruth Lawson requested the use of the County parking lot on the corner of Mulberry and Market Streets for the annual Homeless Awareness Event from 7:00 p.m. on Friday, November 8, to 7:00 a.m. on Saturday, November 9, 2002.  Youth groups plan to raise awareness of the homeless by participating in an all-night camp-out.

 

Mr. Bagwell made a motion to authorize CAM to use the County owned parking lot at the southeast corner of Mulberry and Market Street on the dates and times requested.  Mr. Harbaugh seconded the motion, which carried.   A certificate of insurance will be provided to the County.

 

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

 

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

 

1.        Internet access to county court records update:  The Indiana Supreme Court sent written authorization (dated August 23, 2002) to post non-confidential court information on the internet subject to certain limitations.  Howard County will be responsible to ensure all applicable federal and state laws, especially those regarding confidentiality, are being followed.

 

2.        Networking Report: 

 

a.     Regarding any issues of network reliability between the Administration Center and the Government Building, out of 94 days following the installation, there were only 127 seconds of down time.

 

b.     The Plan Commission uses the county network in order to use the DSL connection for internet access.  However, the Plan Commission has not been given access to tax, assessor or recorder information because of required licensing.  Employees of the Plan Commission would like the ability to access the maps in the Auditor’s Office.  The Auditor and employees of the Mapping Department are concerned about live data accessibility due to the fact that the mapping data would not be secured and many long hours have been invested to update maps and ensure data accuracy.  In regard to data security, Mr. Tribby felt it would be a good idea for the Plan Commission to have a network server.  A copy of the county maps could be installed on the server.  City Controller Thomas Cooper has offered to purchase a server with the stipulation that it will be maintained by the County Information Systems Department. 

 

        Mr. Bagwell made a motion to authorize Information Systems to service and maintain a server that will be purchased by the City of Kokomo and located in the Howard County Administration Center for the Plan Commission’s use.  Mr. Harbaugh seconded the motion, which carried.

 

                3.     Mr. Tribby met with Deputy Craig Trott on Friday, September 13th, to review the issue of security duress buttons for three (3) County owned buildings.  Mr. Tribby contacted Stop Tech for a cost estimate and anticipates a response in a few weeks.

 

IN THE MATTER OF COURTHOUSE RENOVATIONS – Relocation of County Clerk’s Storage System:

 

Howard County Clerk Linda Koontz presented the following issue for Commissioner information and approval:

 

During the Courthouse renovation, the Clerk’s 10-foot high storage system on the third floor will be relocated to the second floor, which has only 8-foot ceilings.  Ms. Koontz obtained a proposal from Lafayette Materials Management Company to relocate and modify the existing shelving for $3,965.00, and to install additional shelving including a moveable divider per shelf at a cost of $24,872.00.  An optional cost of $1,900.00 to move the records from the third to the second floor is not needed since Clerk’s Office employees plan to move the files.  The new system needs to be in place before the files can be moved.  It takes four (4) to six (6) weeks to order the shelving system plus additional time for installation.  The shelving needs to be in place before new carpet can be installed. 

 

Mr. Bagwell made a motion to make a finding that since compatibility in the shelving equipment is a substantial consideration, a special purchase would be needed, due to the fact that only one source meets the necessary requirements; and in addition to authorize the use of funds appropriated from the CCD Fund for the Courthouse Renovation Project to purchase the shelving equipment as requested.  Mr. Harbaugh seconded the motion and it carried.

 

Ms. Koontz also requested two new (2) desk units and a fax machine but had not obtained quotes for these items.  Mr. Bagwell suggested composing a list of all the Courthouse Departments’ furniture needs in order to purchase it at the same time.  However, in order to avoid complications, Mr. Raver felt that due to the fact that the renovation is being done in phases and the purchases of office furniture will made at different times according to need, in this case, office furniture should be purchased individually.

 

Mr. Bagwell made a motion to authorize the County Clerk to obtain quotes for two (2) desks.  Mr. Harbaugh seconded the motion and it carried.

 

IN THE MATTER OF DISTRIBUTION OF DNA COLLECTION KITS:

 

County Clerk Linda Koontz requested approval for Mona Myers, Marty Talbert and herself to use the public sidewalk on the west side of the Courthouse to distribute DNA Collection Kits on a Sunday afternoon in October.  The DNA Kits help with the issue of missing children or older adults.  Mr. Bagwell made a motion to acknowledge the fact that Ms. Koontz and the above named group would use the public sidewalks on the west side of the Courthouse to distribute DNA Collection Kits on Sunday afternoon.  Mr. Harbaugh seconded the motion, which carried.

 

IN THE MATTER OF COURTHOUSE RENOVATIONS:

 

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

 

u        Last week the contractors have been working nights in the Superior Court III Courtroom installing pipes and fan coil units in the ceiling area.

 

u        Construction on the second floor is going well.  The drywall is nearly complete and will be ready for painting toward the end of this week.

 

u        Restoration is proceeding well.  Flood/water proofing is being completed on the limestone.

 

u        The new skylight is anticipated to arrive within the next week or two.  Installation will begin as soon as the skylight is received.

 

u        The electrical work will be discussed at the next construction information meeting to be held on Wednesday, September 18, 2002 at 9:00 a.m. The boiler room drainage has not been finalized yet. 

 

u        Plans for the County Clerk’s filing system were finalized.  The current file system will be moved to the second floor from the third floor and modified to fit the height of the room and accommodate additional files.  The lighting for the new file system needs turned to line up with the file storage units.  Mr. Bassett will meet with Dan Carmody of Lafayette Materials Management Company to discuss proper location of the lighting. 

 

u        New wiring and receptacles are being installed during remodeling of each area.  The wiring and most of the lighting will not be changed.  Rewiring of all light circuits and installation of ground wire is recommended while the ceilings are exposed.  The wiring changes will cost less than $10,000.00.  Mr. Bagwell made a motion to authorize replacement of lighting wiring, not to exceed $8,000.00.  Mr. Harbaugh seconded the motion, which carried.

 

u        The boiler room drainage has not yet been finalized.  Maintenance Superintendent Tom Harrison stated the furnace and pumps need to be able to drain when they are set up. 

 

u        The Commissioners will tour the Courthouse after the next Board Meeting scheduled on October 7th, 2002.

 

IN THE MATTER OF RECOGNITION OF NORMAN BRIDWELL (And Clifford the Big Red Dog):

 

(Continued from last meeting.  See September 3rd 2002 minutes, page 4, “In the Matter of Main Street Association .  .  .  ”) 

 

Resolution No. 2002-BCC-15, is a Resolution of the Howard County Board of Commissioners Honoring Howard County Native Norman Bridwell.  The Resolution publicly recognizes Mr. Bridwell’s achievements in creating the nationally famous Clifford the Big Red Dog that helped improve the reading skills of millions of young readers.  Mr. Bagwell made a motion to adopt Resolution No. 2002-BCC-15, and proclaim September 23rd 2002 as Norman Bridwell Week.  Mr. Harbaugh seconded the motion, which carried.

 

Mr. Harbaugh will present the Resolution to Norman Bridwell on behalf of the Commissioners at a book signing to be held at 5:00 p.m. on September 25, 2002 at the Indiana University at Kokomo Bookstore.

 

IN THE MATTER OF PETITION TO PLACE PERIMETER DRAIN AND SEPTIC FIELD WITHIN RIGHT-OF-WAY:

 

(Continued from page 1, “In the Matter of Highway Issues”, Item 4)

 

Mrs. Mary Edison, 801 Hillsdale Drive, presented a Petition to Place Perimeter Drain and Septic Field Within Right-of-Way.   Mrs. Edison and her husband, Lamonte Edison need to improve their septic system by installing a perimeter drain and perhaps a new finger system.  The only available space is adjacent to and within the designated right-of-way of Old Sycamore Road.  This area is located outside of the road presently used for public transportation and drainage.

 

Mr. Bagwell made a motion to accept and approve the Petition to Place Perimeter Drain and Septic Field within Right-of-Way of Old Sycamore Road on the condition that the instrument is recorded prior to starting the work.  Mr. Harbaugh seconded the motion and it carried.

 

IN THE MATTER OF EMERGENCY MANAGEMENT AGENCY (EMA) – Purchase of Generator:

 

EMA Director Larry Smith said Emergency Management has used a portable 45-killowatt generator for a number of years.  The generator is not large enough to operate some of the pumps and current facilities in the community.  Replacement parts may be obsolete and new generators are very costly.

 

Recently there was a situation where the Miami County EMA Director acquired a 350,000-kilowatt generator.  The generator was found to be too large for their use.  Miami County has offered it to Howard County at a price of $16,000.00.  The generator is around eight (8) years old.  At approximately $1,000.00 per kilowatt-hour, a new generator this size would cost about $350,000.00.  Howard County EMA has a trailer available which will accommodate the hauling of the generator.

 

There were concerns whether Miami County has authorization from their Commissioners to sell the generator.  Mr. Bagwell made a motion to purchase the generator for $16,000.00 out of Cumulative Capital Development (CCD) Fund subject to a resolution by the Miami County Board of Commissioners authorizing the sale.  Mr. Harbaugh seconded the motion and it carried. 

 

IN THE MATTER OF COMMUNITY CORRECTIONS ISSUE:

 

Community Corrections Director Steve Maus obtained quotes to trade in a 2000 Ford Taurus having at least 60,000 miles.  Two quotes were presented as follows:

 

                                2002 Ford Taurus                 Brad Howell Ford                 $ 12,103.15

                                2002 Mercury Sable             Kokomo Auto World                          $ 11,200.00

 

The lowest quote was for a 2002 Mercury Sable LS 4-door sedan from Kokomo Auto World in the amount of $11,200.00.  Mr. Maus advised there is enough money available in Project Income Funds to purchase the vehicle.

 

Mr. Bagwell made a motion to authorize the purchase of the 2002 Mercury Sable from Kokomo Auto World in the amount of $11,200.00.  Seconded by Mr. Harbaugh, the motion carried.

 

IN THE MATTER OF CLAIMS AND REPORTS:

 

Howard County Auditor Martha J. Lake presented the following reports for Commissioner information and approval:

 

1.        The Commissioners acknowledged the following reports:

a.        Howard Community Hospital Mental Health Annual Report

b.       The latest MS4 Report

 

2.        Operating claims payable on September 16, 2002 in the amount of $66,261.86 were approved on a motion made by Mr. Bagwell, seconded by Mr. Harbaugh, and carried.

 

3.        Commissioners’ Salary Claims for hourly, salary, and overtime payable for September 20th, September 27th and October 4th, 2002 were approved on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, which carried.

 

4.        The County Treasurer’s Report for the month of August 2002 was accepted on a motion made by Mr. Bagwell, seconded by Mr. Harbaugh, and carried.

 

5.        Commissioners’ Tax Sale Quit Claim Deed for property located on Lots 3 & 4 in Indian Heights Subdivision, Block 24, at 6010 Council Ring Boulevard was approved on a motion by Mr. Bagwell, seconded by Mr. Harbaugh, and carried.  The Board Members signed the deed.

 

6.        A statement from Atlas Building Services in the amount of $610.00 to replace a window at the Howard County Administration Center was approved on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, which carried.

 

7.        The following statements (Application No. 3) have been approved by Mr. Bassett and submitted for payment for the Howard County Courthouse Renovation:

                                                Terstep Company, Inc.                                         $407,245.04

                                                First National Bank (escrow)                                 $45,249.53

 

A motion was made by Mr. Bagwell to approve payment as requested.  Seconded by Mr. Harbaugh, the motion carried.

 

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

 

                1.     A claim in the amount of $110.15 was presented from County Attorney Larry Murrell for legal services rendered by Barnes & Thornberg in July, regarding the Civic Center Board Reorganization.  Payment was approved on a motion by Mr. Bagwell, seconded by Mr. Harbaugh, and carried.

 

                2.     An Executive Session of the Board was set for Thursday, September 19, 2002, at 11:00 a.m. in Room No. 220D (Second floor) of the Howard County Administration Center to discuss strategy with respect to pending litigation on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, and it carried. 

 

IN THE MATTER OF COMMISSIONER ISSUES:

 

                1.     A letter was received from Lieutenant Governor Joseph Kernan stating the Howard County Commissioners have been awarded a $28,500 Planning Grant from the Federal Small Cities and Towns Community Development Block Grant (CDBG) Program.

 

3.        The annual United Way Fund Contribution Drive is starting up.  This year the Lilly Endowment has established a matching contribution program.  New donors’ contributions or existing contributions increased by 25% will be matched dollar for dollar.  Vickie Hinkle (Personnel Office) and Konny Zurcher (Auditor’s Office) were named as United Way Coordinators for Howard County by consensus.

 

4.        The Report from the Veteran’s Service Officer for the Month of August 2002 was accepted on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, which carried.

 

5.        The Howard County Council on Aging sent a letter thanking the Commissioners for sponsoring the flu shot program.

 

6.        The Board of Commissioners of Vigo County sent a letter requesting that the Howard County Commissioners join in their efforts to support routing Interstate 69 through Terre Haute instead of going cross-country.  It was the consensus of the Board to not take any action regarding this issue.

 

7.        A letter from an Automobile Dealer and a visit from a Farm Equipment Dealer to promote speeding up the phasing out of inventory tax were acknowledged.  It was the consensus of the Board to research options pertaining to this issue to determine what would be best for Howard County.

 

8.        Howard County Surveyor Beryl Grimme submitted a report on the drainage issue on the John and Linda Miner property as requested by the Commissioners at the conclusion of the public hearing on August 5th 2002.  (See August 5, 2002 minutes, page 4, “In the Matter of Request to Remove Ditch Easement & Reduce Utility Easement at 2425 South 300 East”)  The issue will be placed back on the agenda for the October 7, 2002 regular meeting.  Petitioners John and Linda Miner and the adjoining property owners, Arthur and Beverly Pugh, will be notified of the date and time of the next meeting.

 

9.        Mr. Raver reported the Darrough Chapel Steering Committee requested more information pertaining to sewer issues.  Mr. Bagwell made a motion to authorize hiring Consultant Tina Mendenhall Henderson to attend one meeting with the Darrough Chapel Steering Committee to be paid out of Commissioners’ General Fund Contract Services line item.  Mr. Harbaugh seconded the motion and the motion carried.

 

10.     Report on Budget for 2003: 

 

                        a.     During County Council’s deliberations, several items amounting to $126,700.00 from the General Fund were referred to the Cumulative Capital Development (CCD) Fund.  The figures will be advertised for the Council meeting in January 2003, at which time each department will be requested to reiterate their request.

 

b.       The Coordinating Council and 4-H Exhibit Association appropriations were removed from the General Fund and the Council requested these appropriations be placed in the Economic Development Income Tax (EDIT) Fund.

 

c.        The Council discussed whether to remove the Plan Commission appropriations from the General Fund and place them into the EDIT Fund, but concluded that there are several types of expenditures involved, such as administration and ordinance enforcing, that belong in the General Fund.

 

d.       The Council eliminated the Purchasing Agent position.

 

e.        The Council cut back some of the Medical Insurance proposed appropriation for 2003.

 

IN THE MATTER OF HOWARD COUNTY BRIDGE INSPECTION AGREEMENT    -   Continued from page 1, “In the Matter of Highway Issues”:

 

(See August 5, 2002 minutes, page 1, “In the Matter of Highway Issues”, Item 1, for previous discussion.)

 

There are approximately 137 bridges in Howard County.  Bridge inspection is mandatory in the State of Indiana.  The Indiana Department of Transportation reviewed and approved the Howard County bridge inspection contract. 

 

John Speidel, Secretary Treasurer from Butler Fairman and Seufert, presented two separate agreements for bridge inspection.  One agreement was with the State.  The other agreement was with Butler, Fairman and Seufert to conduct the inspections.

 

Mr. Harbaugh made a motion to approve and execute the agreement between Howard County and Butler, Fairman and Seufert to conduct bridge inspections.  Mr. Bagwell seconded the motion, which carried.

 

Mr. Bagwell made a motion to approve the agreement between Howard County and the State of Indiana concerning reimbursements.  Mr. Harbaugh seconded the motion and it carried.

 

There being no further business before the Board at this time, Mr. Harbaugh made a motion to adjourn.  Mr. Bagwell seconded the motion and it carried.  The meeting closed at 11:20 a.m.

 

 

                                                                                                     THE HOWARD COUNTY BOARD OF COMMISSIONERS

 

 

                                                                                                                ___________________________________________

                                                                                                                PAUL J. RAVER, PRESIDENT

 

 

 

                                                                                                                ___________________________________________

                                                                                                                BRADLEY J. BAGWELL, VICE-PRESIDENT

 

 

                                                                                                                ___________________________________________

                                                                                                                JOHN B. HARBAUGH, MEMBER

 

ATTEST:

 

__________________________________

MARTHA J. LAKE, AUDITOR

Commissioner Minutes, September 16, 2002