The Howard County Board of Commissioners met in Regular Session on Monday, November 4, 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, Personnel Administrator Wanda McKillip, and Auditor Martha Lake.


The meeting was called to order by Major Larry Shipman and conducted by President Paul Raver.  A moment of silence was held to reflect on the passing of Keith Fallon, Director of Howard County Solid Waste District.  Mr. Fallon passed away suddenly on Saturday, November 2, 2002.


The minutes from the last regular meeting held on October 21, 2002 were considered.  There being no additions or corrections, Mr. Bagwell made a motion to approve the minutes as submitted.  Mr. Harbaugh seconded the motion, which carried.


Mr. Raver asked about the status of the monthly census report of the Criminal Justice Center.  (Refer to page 3 of the October 21st minutes, “In the Matter of Sheriff Department Issues”, Item 3.)  Major Shipman informed the Commissioners that Captain Harold Vincent would arrive later during the meeting to present the report.  (See page 5, “In the Matter of Sheriff Department Issues, Item 1)




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


                1.     The following three (3) quotes were received to purchase a new pick up truck, including trade-in:

                        Kokomo Auto World                                                 $24,520.25

                        Graham Ford                                                                $24,937.57

                        Brad Howell Ford                                                        $25,461.25


Mr. Harbaugh made a motion to accept the lowest bid from Kokomo Auto World for a pick up truck with a trade-in for $24,520.25.  Mr. Bagwell seconded the motion, and it carried.


2.        Paving on county roads is subject to weather conditions.  Work that does not get completed this year will continue over to 2003.


3.        Repairs to the last bridge for the season on 300 North between 1100 East and 1200 East is nearly finished.  The deck will be poured on Wednesday, November 6th.  The bridge will be opened to traffic the following week.


4.        Items Stored in right-of-way – North Washington Street:  Mr. Cain postponed any involvement until questions about the right-of-way have been clarified.  Plan Commission Director Glen Boise said, in researching records in the County Auditor’s Office, no additional information has been verified.   County Auditor Martha Lake advised that her office staff researched the records back to 1924.  A complete title search might be necessary to clarify the size of the right-of-way.  (For further discussion, see page 4)




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


1.        Case 44-CP-02 – fourteen (14) lots in Hidden Valley Subdivision located at 939 South 560 West was considered.   Mr. Bagwell made a motion to approve Case 44-CP-02.  Mr. Harbaugh seconded the motion and it carried.


2.        Case 45-CP-02 - one (1) lot in Varnell Subdivision located at 4597 North 50 East was considered.   Mr. Harbaugh made a motion to approve Case 45-CP-02.  Mr. Bagwell seconded the motion, which carried.


3.        Case 47-CP-02 - one (1) lot in Downing Estates Subdivision located at 12631 East 300 South was approved on a motion made by Mr. Bagwell, seconded by Mr.  Harbaugh, and carried.


4.        Ordinance No. 2002-BCC-51 - (Case 10-CZ-02) a request for a change in zone classification from B-1 (Local Business) to B-2 (General Business) located at 1013 S. Lewis St. was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion and it carried.


5.        Ordinance No. 2002-BCC-52 – (Case 7-CT-02) a request to remove the proposed primary feeder between 550 West and 600 West along 100 South was considered.  Mr. Harbaugh made a motion to approve Ordinance No. 2002-BCC-52.  The motion was seconded by Mr. Bagwell and carried.


6.        Ordinance No. 2002-BCC-53 – (Case 44-CP-02) a request to establish speed zone and stop sign for Hidden Valley Road in Hidden Valley Subdivision was approved on a motion made by Mr. Bagwell, seconded by Mr. Harbaugh and carried.


7.        Unsafe Building Issues:  There continues to be no response from the Bankruptcy Trustee regarding Martin Myers property located at 3904 South 350 West.  (See October 7, 2002, page 2, “In the Matter of Plan Commission Issues and Properties for Approval”, Item 7.a for previous discussion).  Assistant County Attorney Brian Oaks is researching other aspects of the issue.


8.        Flood Hazard Planning:  Mr. Boise is working on finishing the amendment to the Plan requested by the Federal Government.  The amendment will soon be distributed to various interested persons to seek out comments. 


Mr. Boise has been working with the Auditor’s Office concerning flood grant funds reconciliation.


9.        The Plan Commission is working with the Auditor’s Office on a project that will accommodate the process of acquiring electronic data with the submission of county plats.   Local surveyors and engineers have been issued a questionnaire inquiring if this process would work for them.  This would save time and money due to the fact that the mapping personnel would not have to redraw the new information.       




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


                1.     Howard County Government Building:  Approximately two (2) years ago the Environmental Division of the Department of Health requested installation of glass panels going 15 feet east of the Director’s office and then north, approximately 15 feet.  Last year some work was done.  To continue the project, Mr. Harrison has recently received a basic proposal of $2,600.00 plus whatever it would take to remove two (2) walls.  The Maintenance Department budget has enough money for an anticipated cost of $3,500.00.  The long-term prospect is that the Department of Health will remain at its present location. 


                        Mr. Bagwell made a motion to authorize the Maintenance Department to proceed with remodeling the Department of Health on the second floor of the Howard County Government Building as outlined.  Mr. Harbaugh seconded the motion, which carried.


2.        Renovations are scheduled to begin in the Voter Registration area in the Courthouse on Friday, November 8th.  Voter Registration will temporarily relocate to the fourth floor of the Administration Center during construction.  It will take at least two (2) days to reconnect their telephones at the new location. 


3.        November 12th through the 18th is National Homeless Week.  The Maintenance staff will begin to close the County parking lot on the corner of Mulberry and Market Streets on Friday afternoon for the Coordinated Assistance Ministries, Inc. (CAM) Homeless Awareness Event to be held on November 9 through 10, 2002.


4.        Mr. Harrison will contact a locksmith to correct the problem of the door on the first floor of the Administration Center accidentally locking during business hours after someone uses their key.


5.        The cooling tower on the Government Building has several leaks.   The tower will be replaced after the first of 2003-year in time to start up the air conditioning in the spring.  The estimate for the work will be less than $10,000.00.


6.        Mr. Harrison hopes to avoid the title of “Humbug Harrison by working on plans to possibly display Christmas decorations on the Courthouse lawn, keeping in mind not to interfere with the Courthouse renovation process.  




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


1.        Commissioner Appointments for 2003:  Two (2) reappointments to the Community Corrections Advisory Board were previously overlooked.  Mr. Singer’s term expired on July 31, 2002 and Chuck McCoskey’s expired on October 31, 2002.   Mr. Bagwell made a motion to reappoint Dwight Singer effective August 1, 2002 and Chuck McCoskey beginning November 1, 2002, for a four (4) year term each to the Community Corrections Advisory Board.  Mr. Harbaugh had stepped out of the room temporarily.  Mr. Raver vacated the chair to second the motion, and it carried.


2.        County Insurance Renewal:  Doug Heath from Miles and Finch Agency, along with Personnel Director Wanda McKillip, will present healthcare information at the next Commissioners meeting on November 18, 2002.  Renewal information has not yet been received from Anthem Blue Cross and Blue Shield.  Open enrollment starts on December 4th.


3.        Homeland Security Conference/Emergency-Disaster Plan Update:  Vickie Hinkle from the Personnel Office attended the Governor’s Homeland Security Conference in Indianapolis on October 2, 2002.  She was pleased to see that every level of government is participating in this issue.  She stated that it is necessary for everyone to unite and be able to communicate in order to promote security issues.  There are no unimportant roles in participation in security matters.  Everyone’s involvement is essential.


Mrs. Hinkle said county employee emergency/disaster training is moving along quickly.  The fire drill process is nearly complete.  Mrs. Hinkle thanked Maintenance Superintendent Tom Harrison for assistance with the new emergency route wall signs and plans for a fire alarm warning process.  Some issues need to be clarified before conducting an efficient all-building fire drill by the end of the 2002-year.  A committee is working on answers to business continuity in the event of an emergency/disaster.  One of the concerns raised was how to get people down the stairway who are unable to negotiate steps.  Mrs. Hinkle is seeking price quotes for evac chairs. 


Captain Harold Vincent and Captain Napoleon Leal of the Sheriffs Department are working on documentation for training all county employees on a professional level in the event of an emergency situation such as hostage and bomb threats.  The training is anticipated to take place in January 2003.


The weather/take shelter plan will start in the spring of 2003.  Mrs. Hinkle is working on an agreement with Key Bank to use their large meeting room in the basement of the Administration Center in an emergency. 


Mrs. Hinkle thanked the Commissioners for the opportunity to serve in the emergency/disaster plans and help county colleagues in this issue.


                4.     The Commissioners will take the first official action in the process of hiring a new Director of Howard County Solid Waste District on Friday, November 8, 2002 at 1:30 p.m.  The Board meeting scheduled for today at 1:30 p.m. has been rescheduled for Friday at 1:30 p.m.




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


1.        Jury Selection Process:  The court mandated deadline for letters to go out to prospective jurors is November 15, 2002.  Implementation of the project is moving forward as planned.  A software upgrade from Triad, the Voter Restration’s software provider, was installed.  The files from the State Bureau of Motor Vehicles and Voter Registration are combined and duplicate names were eliminated.  A list of 10,000 names was drawn of people who can serve on a jury for the 2003-year.  Letters need to be mailed out within the next few days to the first 2,500 names pulled.  The Information Systems Department will oversee the new process during the first quarter to observe how the operation transpires.  Additional equipment (automatic folder, duplex printer and Microsoft access licenses) was ordered to expedite the process at a cost of $4,500.00.


2.        As discussed during Maintenance Department Issues, the Voter Registration Office is scheduled to move to the fourth floor of the Administration Center on Friday, November 8, 2002.  Maintenance Superintendent Tom Harrison volunteered to contact Ameritech about setting up the telephone lines. 


3.        The county currently leases space on a tower from Cinergy/PSI Energy for 911-radio communication equipment at a cost of $14,000 to $15,000 annually.  Cisco Hardware Company contends that Howard County could pay installments for two or three years and own a communications tower for what it costs to lease space on one.  Mr. Tribby suggested the tower could provide communications to other buildings.  The basic cost for a 300-foot tower would be $30,000 to $40,000.  The major expense would be the maintenance building and cabling which would increase the total cost to approximately $100,000.00.  Mr. Bagwell had been informed that the soil to the north of Correctional Facility is sufficient to accommodate a tower.  Mr. Tribby said he will continue to research this issue with Mr. Bagwell.


4.        Communications Systems Department will be on standby during Election Day on Tuesday, November 5, 2002 in case of problems.




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


·            Doors and windows are being installed on the second floor. 


·            Work continues on the new courtroom facility with the Judge’s bench.


·            Elevator renovations are in progress. 


·            The next phase to consider is relocating certain departments to accommodate the renovations.  Voter Registration will temporarily move to the Administration Center.  Areas on the first floor of the Courthouse are scheduled to be remodeled next.  The Probation Office can move into the basement when the Prosecutor’s Office is vacated.  The Drug Task Force will be able to move down to the basement upon completion of the Title IV area renovations.  There is an area in the basement occupied by the Drug and Alcohol Office that needs renovated.  Mr. Bassett requested the Commissioners to consider temporarily moving the Drug and Alcohol Office up into the Voter Registration area on the first floor and allow Voter Registration to remain in the Administration Center a few weeks longer.  The Commissioners consented to contacting Drug and Alcohol Personnel for additional input regarding this issue, due to the need to access their office during evening hours.


·            Additional asbestos was removed from bulkheads in the basement area approximately two weeks ago.  The asbestos was removed and hauled to a certified waste landfill in accordance with I.D.E.M. rules and regulations.



(See October 21, 2002 minutes, page 1, “In the Matter of Highway Issues”, Item 3 for related discussion.)


Augusto C. Medina, 3622 North 00 East/West, appeared before the Commissioners with concerns about the Barko owned property located north of his property.  Mr. Medina complained that vehicles and debris are stored in the county right-of-way blocking visibility and creating a traffic hazard.  According to Mr. Medina, junk is also being stored next to the railroad tracks.  Also he stated that the Barkos have refused to install a fence along Mr. Medina’s property line to conceal the junkyard.  Mr. Medina contends the junkyard is an eye sore, making it difficult to secure homeowners insurance or sell his home.  Mr. Medina also complained about rats and dogs running loose from the junkyard.


Plan Commission Director Glen Boise explained the property, referred to as the “Barko Junkyard”, is a non-conforming use property because it existed before the zoning classification was established.  The Plan Commission staff researched the history of the right-of-way but only found a dedication of thirty-feet when the lot was platted.  The minimum size for a State right-of-way is fifty feet.  The State may not have remembered to record the proper documents.


Mr. Medina claims that business is being conducted without meeting the necessary maintenance requirements. Mr. Medina feels this situation is a dangerous nuisance and asked the Commissioners to take a look at the situation. 


The size of the right-of-way remained uncertain.  Mr. Bagwell made a motion to authorize Mr. Boise to conduct a title search on the subject property to determine where the right-of-way is located.  Mr. Raver vacated the chair to second the motion, which carried. 




Scott Maple, Vice-Chairman of SWCD, presented the following issue for Commissioner information and approval:


The Lake and River Enhancement (LARE) Grant from the Department of Natural Resources (DNR) in combination with an appropriation from the County Council provided funds for a full time position.  The LARE grant expired in July 2002.  Sara Garrison, Watershed Resource Technician, received a 205J Grant for Watershed Planning that provides funds for another part time position.  This grant is for the development of watershed plans in the northwest corner of Howard County.  The County Council has given their approval to appropriate the remainder of money for funding a full time position for 2003. 


The 205J Grant is a reimbursable grant.  The employee’s position is initially paid by the County Auditor’s Office and then Rene Weaver, Office Manager of Soil and Water Conservation, processes the reimbursement from the State.  The grant pays FICA on the grant amount only.  The FICA for the County paid salary portion is paid from the County General Fund.  All of the PERF is paid by the grant, and also the Health Insurance, if needed.  The total amount of the grant is $52,314.00 and $29,600.00 is designated to pay personnel for two (2) years.


This type of grant complicates bookkeeping in the Auditor’s Office because of continually operating in the red.  Mr. Bagwell made a motion to approve the Auditor’s Office to administer the grant, and that the part time salary be paid by Soil and Water Conservation one month in advance, to avoid creating a negative balance.  Mr. Harbaugh seconded the motion, and it carried.




Jerry Williams, Senior Project Engineer with Gove and Associates, presented an amendment to the contract (Gove Proj. No. Y94352-1) formally approved in 1998 for Taylor Township Regional Sewer District.  It has come to attention that the contract was $3,000.00 less than the grant amount.  The Taylor Township Board and some developers have asked Gove and Associates to investigate the feasibility of providing sewage service to the area west of U.S. 31 and south of State Road 26.  The total fee for this work will not exceed $3,000.00. 


Mr. Harbaugh made a motion to approve the Amendment to Contract for Taylor Township Regional Sewer District and authorize the President to sign on behalf of the Commissioners.  The motion was seconded by Mr. Bagwell and it carried.




Director Jan Weaver presented the following service agreements as follows:


                        Agreement Renewal                        Company                                                               Amount


                        Fire Alarm Maintenance                 Simplex Grinnell                                                    $5,697.00

                        Intercom System                              Mobile Radio of Kokomo, Inc.                           $2,900.00

                        Camera – Monitoring                      Mobile Radio of Kokomo, Inc.                           $2,300.00 


Mr. Bagwell made a motion to approve renewal of the service agreements as listed and authorize the President to sign on behalf of the Commissioners.  Mr. Harbaugh seconded the motion and it carried.




Mr. John Anstett, 2548 West 400 South, complained that someone was burying cable lines in the county and cutting field tiles in the process.  The contractor’s v-ripper type equipment cuts 48-inches deep, which will go through at least 80% of the field tiles within its path.  The equipment traveled south on Park Road and then west on 400 South.


There was no record of the contractor requesting permission to install the cable.  Discussion followed whether the county had authority to regulate this type of activity in a State right-of-way.  The Commissioners decided to talk about this issue at the Drainage Board meeting scheduled at 7:00 p.m. and request County Highway Supervisor Ted Cain and County Surveyor Beryl Grimme to investigate the situation. 


Captain Harold Vincent dispatched a deputy to the work area on State Road 26 to obtain the name of the company and type of lines that are being installed.  (Later, during discussion of Sheriff Department Issues, Captain Vincent reported that Utility Placement Services Incorporated is the subcontractor that is installing underground lines for Ameritech.)


Continued at bottom of page *  *  *  *




Captain Harold Vincent presented the following issues for Commissioner information:


1.        The first Monthly Census Report of the Criminal Justice Center finally arrived.  The statistical information included the average daily number of inmates, health care visits, transports, and overtime hours used.  Captain Vincent said he will attempt to provide a statistical report to the Commissioners at the first meeting of each month. 


The statistics show that jail population is growing.  Discussion was held as to what determines overcrowding.  About 318 inmates can be housed but the jail can technically be overcrowded at 230 due to classification.  During summer there was one day when the jail population reached 306.  The average number falls somewhere between 250 and 265.  Captain Vincent felt that constructing another building is not yet necessary when there are other detention alternatives to consider.  These options should be explored in the next 6 to 12 months. 


2.        The building is nearly ten (10) years old.  Captain Vincent suggested having the building’s roof and parking lot surfaces inspected.


3.        Due to the fact the Commissioners monitor county owned buildings; Captain Vincent recommended purchasing copies of the Indiana Jail Standards at a cost of approximately $40.00 each.  Computer generated maintenance logs will be composed in the next few months.




County Auditor Martha Lake presented the following issue for Commissioner information and approval:


The State Board of Accounts established a retention schedule requirement for recorded tapes of the Commissioner meetings.  Many administrative boards customarily keep tapes for at least sixty (60) days.  Keeping in mind that most appeals would occur within thirty (30) days, an additional thirty (30) days would add a margin for flexibility.  Mr. Bagwell made a motion to establish a policy to retain recorded tapes of the Commissioner meetings for a minimum of sixty (60) days.  Mr. Harbaugh seconded the motion, which carried.



*  *  *  * Continued from above


County Surveyor Beryl Grimme arrived during the meeting and the Commissioners asked if he was familiar with the situation.  Mr. Grimme visited the site earlier and contacted Ameritech about the subcontractor cutting through drainage tile.  The Commissioners requested Mr. Grimme to review the Tipton County Ordinance requiring permits to install cables.  Discussion ensued whether the County has any type of control within the State right-of-way to protect the County’s regulated drains.




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


1.        Operating claims payable on November 4, 2002 in the amount of $948,502.17 were approved on a motion made by Mr. Bagwell, seconded by Mr. Harbaugh, and carried.


2.        Commissioners’ Salary Claims for hourly, salary, and overtime payable for November 8th and November 15th were approved on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, which carried.


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

                                                                MS4 Coordination                                            $3,866.66

                                                                400 North Right-of-Way Project                        $808.92


4.        The City is in the process of approving personal property tax abatement with Delco Electronics (Delphi) Corporation for $243,700,000.00 for machinery and equipment.  The Commissioners received a notice that a public hearing will be held on November 18, 2002 at 7:00 p.m. in the City Council Chambers in Kokomo City Hall. 


5.        The Commissioners received a Loss Analysis Report from The Hartford Insurance Company from 12/31/1999 through 12/31/2000.




1.        County Attorney Larry Murrell presented a claim for his monthly office allowance in the amount of $550 for November 2002 and reimbursement of out-of-pocket expense for the Municipal Lawyers Association membership fee in the amount of $75.00, totaling $625.00.  Mr. Bagwell made a motion to approve payment.   Seconded by Mr. Harbaugh, the motion carried.


2.        A claim in the amount of $211.95 was presented from County Attorney Larry Murrell for legal services rendered by Barnes & Thornburg.  Payment was approved on a motion by Mr. Bagwell, seconded by Mr. Harbaugh and carried.


3.        Resolution No. 2002-BCC-18, a Resolution of the Howard County Board of Commissioners Fixing Policy with Respect to Information Accompanying Distribution of Payroll Check, was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion and the motion carried.




1.        The Civic Center Audit is being conducted and will be completed by the end of the 2002-year.


2.        Kokomo Technology Center is a business incubator that allows entrepreneurs to start a business in a facility without a lot of the usual start up costs associated with new business.  The center is progressing rapidly.  The Gateway Consultant at the Kokomo Development Corporation is determining it is a feasible alternative for Kokomo.  Recently, $100,000.00 was committed by the City out of their EDIT Funds for 2003.  The County needs to determine by the end of the 2002-year whether Howard County should also contribute money out of EDIT toward Kokomo Technology Center in 2003.


3.        MS4 Advisory Committee Report:  The MS4 map was revised to include three (3) new sections previously discussed (See October 21, 2002 minutes, page 4, “In the Matter of The MS4 Stormwater Advisory Committee”, item 1).


4.        The Commissioners acknowledged Kokomo City Ordinance No. 6223, an Ordinance Annexing Contiguous Territory to the City of Kokomo, Indiana.  Those areas include Summerset Apartments, Amberwood Place Apartments, and Tall Timers Mobile Home Park in Center Township.


5.        A determination is needed whether to sanction and organize a GIS Steering Committee for the County.  It was suggested that the committee should be made up of representatives of various County departments, a Commissioner, at least one County Council member, and a representative from the City.  Mr. Raver suggested compiling a list of names and taking action to formalize the GIS Steering Committee at the November 18th, 2002 Commissioners’ meeting before the next Steering Committee meeting that is tentatively set for December 12th.


There being no further business before the Board at this time, Mr. Bagwell made a motion to adjourn.  Mr. Harbaugh seconded the motion and it carried.  The meeting closed at 11:50 a.m.



                                                                                                     THE HOWARD COUNTY BOARD OF COMMISSIONERS




                                                                                                                PAUL J. RAVER, PRESIDENT




                                                                                                                BRADLEY J. BAGWELL, VICE-PRESIDENT




                                                                                                                JOHN B. HARBAUGH, MEMBER






Commissioner Minutes, November 4, 2002