HOWARD
The Howard County Board of Commissioners met in
Regular Session on
The meeting was called to
order by Major Larry Shipman and conducted by President Paul Raver.
The minutes from the last regular meeting held on
IN THE MATTER OF HIGHWAY ISSUES:
Mr. Ted Cain, Howard County Highway Engineer/Superintendent presented the following issues for Commissioner information and approval:
1.
Road 400 North Project: The project originated before Mr. Cain came
to work for
2. The new streets in Sugar Mill Subdivision, Section 3, were approved on a motion made by Mr. Bagwell, seconded by Mr. Harbaugh, and carried. The contractor will be responsible for the maintenance of these improvements for three (3) years after the acceptance of the streets, and is required to provide a three (3) year maintenance bond.
3. Transfer of Highway Funds:
a. The following requisition for transfer of
funds within the Motor Vehicle Highway Fund was approved on a motion made by
Mr. Bagwell. Mr. Harbaugh seconded the
motion and it carried.
FROM TO
APPROP.
NO. ACCOUNT APPROP. NO. ACCOUNT AMOUNT
44725 Garage Equipment 44721 Trucks $ 5,000.00
22375 Other Supplies 22371 Hardware & Tools $ 182.31
b. Mr. Bagwell made a motion to approve the
following transfer of
FROM TO
APPROP.
NO. ACCOUNT APPROP. NO. ACCOUNT AMOUNT
33715 Bridge #11 33716 Bridge #35 $ 3,720.96
c. Mr. Bagwell made a motion to approve the
following transfer of
FROM TO
APPROP.
NO. ACCOUNT APPROP. NO. ACCOUNT AMOUNT
to
4.
Mr. Harbaugh made a motion to authorize Mr. Cain to proceed with the right-of-way purchase for Bridge #37 in the amount of $6,500.00. Mr. Bagwell seconded the motion, which carried.
5. Northwestern School Corporation Superintendent, Ryan A. Snoddy, submitted two (2) written requests for school bus turn-arounds as follows:
a. Real estate property of Yvette Freeman, located at 4508 East 00 North/South. Because the property is located on a State road, Mr. Cain had advised Northwestern School Corporation they would need to contact the State regarding this issue. No action was taken on this request.
b. Real estate property of Wayne Miller, located at 7631 West 500 North. Mr. Bagwell made a motion to approve the school bus turn around pending Mr. Cain’s review and approval. Mr. Harbaugh seconded the motion and it carried.
6.
Mr. Bagwell made a motion to approve the settlement in the amount of $1,762.00 and authorize the President to sign on behalf of the Board. Mr. Harbaugh seconded the motion, which 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. There were no subdivision plats submitted for approval.
2.
3. Unsafe Building Issues:
a. A clean up order was sent to the property owner of 5389 East 50 South. No one lives on the property. One of the daughters, Joann Johnson, contacted Mr. Boise and requested a hearing. The property contains four (4) unlicensed vehicles. Someone had pulled off the back door of the house and dumped trash inside. A garage with a collapsed roof and dilapidated barn are also located on the property.
Mr.
Bagwell made a motion to set a hearing on
b. Owners of the burned house at 2941 North
300 East, requested a thirty (30) day extension in order to conclude
negotiations with the
Mr. Bagwell made a motion to grant a thirty (30) day extension as requested by the owners. Mr. Harbaugh seconded the motion, and it carried.
c. The house at 1803 North 850 East is sealed but the deterioration has progressed. Mr. Boise sent a letter requesting a response from the property owner.
d. The owners of the mobile home at 775 West 600 North had a fire. They ceased cleaning up the property when the mortgage went into foreclosure. Mr. Boise stated he will contact the attorney for the mortgage company regarding clean up of the property.
e.
The new owners of
4.
The Plan Commission is in the process of seeking
another consultant for the
IN THE MATTER OF MAINTENANCE
DEPARTMENT ISSUES:
Maintenance Superintendent Thomas Harrison presented the following issues for Commissioner information:
1. Courthouse Update:
a.
Title 4-D in the Prosecutor’s Office in the basement area is currently being
moved to the second floor of the Courthouse.
The new furniture for the Prosecutor’s Office was delivered on Friday,
December 13th. If everything
goes according to plans, the move should be completed by Wednesday, December 18th.
b. Last week the third floor
c.
With help from Judge Dennis Parry, many old law books were disposed
of in preparation for remodeling work on the third floor.
(Also
see the following pages regarding the Courthouse Renovation:
IN THE MATTER OF PERSONNEL ADMINISTRATOR
ISSUES:
Personnel Director Wanda McKillip presented the following issues for Commissioner information and approval:
1. PAC Committee Recommendations:
a.
Soil and Water Reimbursable Grant: (See
The Commissioners made a recommendation to approve the
administration of the
Mr. Bagwell made a motion to support the LARE Grant for the Soil and Water Conservation position pending written approval from the State Board of Accounts that the County will not be cited for operating with a negative balance. Mr. Harbaugh seconded the motion, which carried.
b. Salary Issue for New Employee: At the November 26th meeting the Council requested the PAC Committee to review County Prosecutor James Flemming’s request to rehire a former Prosecuting Attorney at 100% of the salary, instead of 90% as stated in the Howard County Handbook. The PAC Committee recommends that the County follow the Handbook and allow no exceptions.
The 90% pay scale was established considering that new employees are not as familiar with the job and should not be paid the same rate as experienced employees. Also the pay scale helps accommodate each department’s budget in paying for any vacation or time accrued by an employee that leaves the position. If an exception is made for one new employee, the PAC Committee does not want to set a precedent of considering exceptions for every new employee.
Mr. Harbaugh made a motion to follow the Howard County Employee Handbook with no exceptions. Mr. Bagwell seconded the motion and the motion carried.
c. Compensation Pay For Military Mobilization: (See December 2, 2002, pages 3 - 4, “In the Matter of Personnel Administrator Issues”, Item 2, for previous discussion) At the last Commissioners’ meeting on December 2nd, the PAC Committee was requested to review the military pay compensation in regard to fully activated County employees. This would authorize the County to pay the difference between the salary that the employee would earn in his military position and the salary he is currently earning through the County. (if his county pay is higher) The PAC Committee recommends that the Howard County Policy continues the Uniformed Services Employment and Reemployment Rights Act (USERRA) as stated and not supplement the employee’s salary when serving in the military. This means that the County will not pay for anything over and above military weekend training and drills, which allows for 15 full days paid per year. Since the departments would need to fill any vacant positions due to an employee on activated military leave this could lead to a financial hardship on the County. Due to the circumstances of the budget and the possibility that nine (9) employees could be mobilized, the PAC Committee decided to not compensate any additional pay other than what is required by law.
The employee’s time off would be treated as a leave of absence and the employee may be reinstated to the same position upon returning. After a certain amount of time the employee has the opportunity to take COBRA insurance. The employee’s time would still accrue.
Mr. Harbaugh made a motion to accept the PAC Committee’s recommendation to not compensate military pay for County employees. Mr. Raver vacated the chair to second the motion. The vote was split two (2) to one (1) due to Mr. Bagwell’s opposition to the motion.
2. Commissioner Appointments:
a.
The Commissioner Committee Appointmentments for 2003
will be discussed at the
b. The Commissioner Appointments for the City of Firsts Automotive Heritage Museum/Johanning Civic Center, Inc. Board Members were discussed under “The Matter of Commissioner Issues”, on page 8.
IN THE
MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:
Mr. Terry Tribby, Information
Systems Manager, presented the
following issues for Commissioner information:
1. Courthouse Data and
Communications Update:
a.
Information
Systems has been diligently working on the connectivity between the
Courthouse and
b. Mr. Tribby will assist with the
Prosecutor’s Office move to the second floor today.
c.
Everything is in place to accommodate moving
the servers:
i. Mr. Tribby has a meeting scheduled with the State today to discuss moving the ISET server from the basement to the new communications room on the first floor. This will free up space for the construction to begin in the basement area.
ii. The main JTS server will be moved in the old communications center down to the first floor on Wednesday, December 18th.
iii. All equipment will be moved from the old communications center except for the old switches that people are still communicating through. The new communications room will be set up as soon as the new wiring is complete.
d. Circuit Court is scheduled to move in order for construction to begin on the third floor.
2. The Plan Commission server and workstations have been installed and are up and running. The Plan Commission uses the County’s DSL line for connection to the City to process claims and payroll.
3. Mr. Tribby is in the process of investigating wireless communications between county owned buildings. CISCO, a network hardware company, sent configuration recommendations to be reviewed.
4.
Mr. Tribby received a letter from the State addressing
the
5. Mr. Tribby plans to meet with Attorney Larry Murrell to review the DoxPop Contract and CSI Software Maintenance Renewal Contract for 2003 in time for the contracts to be considered at the next Commissioners’ meeting.
IN THE MATTER OF COURTHOUSE RENOVATIONS:
Mr. William Bassett of William Bassett and
Associates presented the following issues for Commissioner information:
·
Terstep Co. Inc. will begin remodeling the basement once the
Prosecutor and Title IVD area has been vacated.
The third floor area adjacent to Circuit Court, vacated by the
·
Mr. Raver signed for the change order document approved by the
Commissioners at the last meeting (See page 5, December 2, 2002 minutes,
“In the Matter of Courthouse Renovations”, Items 15, 16, 17, 19, and 21 on the
Request for Proposals).
· Report on Clerk’s Office request for a glass entrance door: It would not be cost effective to re-work the new wood door by installing glass in the top half. An existing glass door between the Superior Courtroom and lobby on the third floor can be exchanged with the wood door for the Clerk’s Office.
· An additional receptacle will be installed on the north wall of the Clerk’s Office to accommodate a fax machine and paper shredder machine.
IN THE MATTER OF KINSEY YOUTH CENTER ISSUES:
Kinsey Youth Center Director Jan Weaver and Assistant Director Jeff Lipiniski presented the following issue for Commissioner information and approval:
Mr. Lipiniski requested
approval to purchase a new control board for the
Simplex Integrator has submitted a proposal to replace the old system with a new touch screen system. Ms. Weaver said the new system will allow for growth by accommodating additional components as needed. The warranty will be in effect for two years before a maintenance agreement needs to be considered. The initial cost of the new system (control station, master control but not the informer computer data logger) is $24,950.00. Future budgeted funds will be used to accommodate any new add-on equipment. Security, intercom communications, and ability to monitor the facilities will improve with the new equipment.
Ms. Weaver said most of the cost can be paid from the 2002 budget with transfers from various accounts. The transfers will be requested at the next Council Meeting scheduled on Tuesday, December 17th. Approximately $2,000.00 of the cost will be paid out of the year-2003 budget.
Mr. Bagwell made a motion to approve the new equipment pending approval of the transfers by the Council. Mr. Harbaugh seconded the motion and it carried.
IN THE MATTER OF
(See
Director Beryl Geer presented the revised Animal Control Contract for 2003, written according to Commissioner specifications. Significant changes were made to Paragraph B in Section 2 of the Contract regarding the schedule of services.
Maintain Regular Animal Control service:
·
Monday through Friday
·
Saturday and Sunday from
· Excluding Wednesdays for the months of January through April and September through December.
· Excluding holidays.
Mr. Bagwell made a motion to approve the revised Contract for Animal Control and Shelter Services for 2003. Mr. Harbaugh seconded the motion, which carried.
IN THE MATTER OF NEW
AERIAL MAPS:
Jessie Johnson and Jamie Shepherd of the Howard County Auditor’s Office presented the following issues for Commissioner information and approval:
a. The County is ready to fly new aerial maps (photography) and is ready to send out specifications. The cost of the project is estimated to be just under $75,000.00, therefore it can be quoted. Funding will come from Reassessment monies. In the specifications for the new photographs, shooting will be done using a higher resolution (½ ft. pixel) than the existing photographs (1 ft. pixel). The entire County project includes flying over the City as well. The new software will combine with the existing software.
Mr. Johnson stated that the previous project cost was nearly $100,000.00. At that time a digital elevation model was produced, which can be used again for the new project. This will significantly cut the cost of the new project. The tentative flight schedule will be in February or March 2003.
Mr. Bagwell made a motion to authorize the issuance of specifications for quotes and authorize Jessie Johnson to work with Schneider Engineering on the project. Mr. Harbaugh seconded the motion, which carried.
b. Authorization To Proceed – GIS
Professional Services: In accordance
with an agreement with the Howard County Commissioners dated January 7, 2002,
The Schneider Corporation requested written authorization to proceed with
creating topology and new centroids for the Ervin, Honey Creek, Howard,
Jackson, Taylor and Union Township parcel maps.
The
Mr. Harbaugh made a motion to approve the Authorization to Proceed with The Schneider Corporation for the project as noted for the townships and authorize the President to sign on behalf of the Commissioners. Mr. Bagwell seconded the motion and the motion carried.
IN THE MATTER OF SET DATE FOR PETITION TO
VACATE RIGHT-OF-WAY:
(See
David T Baird, Attorney for U.A.W. Legal Services, postponed the petition in November in order to notify one of the property owners. Attorney Baird was unable to attend this meeting but needed a date set for the public hearing. In reviewing the petition, it was discovered that the right-of-way is located in Taylor-Kokomo inside the City limits, for which the County has no jurisdiction. No action was taken on this matter.
IN THE MATTER OF DARROUGH
CHAPEL SEWER SITUATION:
Roger Roe, Chairman of the Darrough Chapel Steering Committee, presented the following issue for Commissioner information:
The Steering Committee,
comprised of six (6) members voted 3-2 in favor of a new sewer project at their
last meeting held on
There are no current plans to
conduct dye testing in the Darrough Chapel community.
The Commissioners wanted to
know what the Steering Committee specifically wants to do. Mr. Roe said the Committee has differences of
opinion. The cost for new sewers is
major concern. Residents felt that the
estimates are inflated and are reluctant to spend the money. Mr. Roe suggested creating a county-wide fund
for sewers that each community could apply to draw a percentage from it. This suggestion stimulated a brief discussion
about the feasibility of creating a
Mr. Bagwell asked Mr. Lake what
would happen if nothing is done about the sewer situation. Mr. Lake said any home causing a public
health threat such as sewage standing on top on the ground would be issued a
Disconnect/Pump and Haul Order to abate the health threat. Cleaning a septic tank can be very
costly. If a property owner cannot
afford to have their septic tank cleaned weekly, and the public health
continues to be at risk, the Health Department could proceed with
condemnation. With the
Attorney Murrell questioned if random testing could be conducted to determine the sources of the problems. Mr. Lake said the only way to find the sources is to dye test each home. The Department of Health has the authority to dye test any system. If a property owner refuses entry, the matter is taken to court to obtain access. Mr. Roe commented that some of the residents feel there is nothing wrong with their septic system. Mr. Raver said many of those residents don’t realize that their waste goes directly into field tiles that eventually discharge into waterways.
Even if the Darrough Chapel community were to be included in the Taylor Township Regional Sewer District, all residents would not be obligated to connect onto the system. If a number of residents refuse to sign up with the sewer district, there would not be enough funds to support the project.
A suggestion was made that the
Department of Health could conduct random dye testing on certain septic
systems. There needs to be an education
process to convince about half of the residents that their systems contribute
to the situation and that they need to join with those who are working on these
critical problems so the project can be financed. The Commissioners requested
One problem in conducting dye testing on the north side is to determine where the drainage tile outlets are located. Surveyor Grimme and his assistant, Dan Minor, plan to go out and walk along the state’s storm water drainage tile to find where the outlet is located. Mr. Harbaugh made a comment that these issues were already discussed a few months ago.
Mr. Bagwell made a motion to
take the Darrough Chapel Steering Committee Report under advisement and request
IN THE MATTER OF
APPOINTMENT FOR CONVENTION & VISITORS BUREAU BOARD:
(See
Peggy Hobson, Executive Director of City of Firsts Automotive Heritage Museum, Inc. requested the Commissioners to reconsider the recent appointment (Rick Seegert, of Courtyard by Marriott) to the Howard County Convention & Visitors Bureau Board.
Five years ago the representatives form the CVB Board went before the State Senate Finance Committee requesting that the Board specifically include individual representatives from restaurant and hotel businesses. Mr. John Livengood, a representative from the Indiana Lodging and Restaurant Association, was in favor of the change. Ms. Hobson felt that the Howard County Commissioners have appointed someone who is technically not a restaurant person. Because the Board would like to have a restaurant point of view Ms. Hobson asked the Commissioners to reconsider the appointment. The following names were recommended and they are willing to serve on the Board:
Dorinda Davis, Director of Operations for Wendy’s Restaurant
Sondy Chism, Owner/Manager of Sondy’s Sycamore Grill
Curtis Hatcher, Owner/Manager of Cartier Lounge
The Commissioners contend that current appointee’s (Mr. Seegert) vocation is affiliated with a food service business. The Commissioners felt that he would be a benefit to the CVB Board. It was Mr. Bagwell’s opinion that Ms. Hobson’s problem was more of a personality issue than a technical issue. The Commissioners decided to allow the appointee to remain on the CVB Board and they will monitor the situation to see how things work out.
IN THE MATTER OF
A Poor Relief Hearing was conducted on
IN THE MATTER OF
A Poor Relief Hearing was conducted on
IN THE MATTER OF CLAIMS AND REPORTS:
1.
Operating claims payable on
2.
Commissioners’ Salary Claims for hourly, salary, and overtime payable for December 20th
and
3.
The
4.
Ordinance No. 2002-BCC-61,
Additional Appropriations for Fund 145 the E-911 Fund,
in the amount of $100,000.00 for phones and communications, was approved on a
motion made by Mr. Harbaugh. The motion
was seconded by Mr. Bagwell and it carried.
5.
Resolution No. 2002-BCC-21,
Transfer for Dispatch to pay overtime in Fund 145 the E-911 Fund, was
considered. Mr. Harbaugh made a motion
to approve the transfer as requested.
Mr. Bagwell seconded the motion, which carried.
6.
Ordinance No. 2002-HCC-59,
Additional Appropriations to be considered at the Council meeting on
001
023
1522 PERF
$86,000
3210 Contract Services $15,000
3512 Insurance Bldgs., etc. $
6,000
Mr.
Raver asked Mr. Bagwell and/or Mr. Harbaugh to attend the Council meeting to
help support the requests.
7.
Special Transfer Request: The financial department in the Auditor’s
Office is working hard to make sure all of the approximately 200 funds are in
the black at the end of the year-2002.
Three funds, Alcohol & Drug Fund, Coroner Holding Fund and the Clearing
Fund for Insurance, combined about $45,000, will be in arrears due to
extenuating circumstances.
Mr. Bagwell made a motion to transfer money from the Courthouse Renovation line item in the Cumulative
Capital Development Fund to a temporary loan line item to accommodate the three
short-term loans needed until after the first of the year-2003. Mr. Harbaugh seconded the motion, which
carried.
8. A motion was made
by Mr. Bagwell to adopt the 2003 schedule of meeting dates for the Board of
IN THE MATTER OF COUNTY ATTORNEY ISSUES:
1. Resolution No. BCC-2002-22, A Resolution
of the Howard
a. In lieu of providing health insurance, the County shall agree to pay the monthly premium for his Indiana State Police Retiree Medical Insurance, which would be a savings to the County.
b. Provide an initial clothing allowance of $2,000.00 for the proper uniforms. Afterward, provide the same amount of annual clothing allowance as for merit deputies.
c. Sheriff Talbert requested that he be allowed to submit to random drug testing.
Mr. Bagwell made a motion to approve Resolution No. BCC-2002-22 as presented. Mr. Harbaugh seconded the motion and it carried.
2. Mr. Bagwell made a motion to approve the
Indiana Inventory Gas Tax Voucher for gas stored at the Howard County Jail
and
IN THE MATTER OF
COMMISSIONER ISSUES:
1. The Report from the Veteran’s Service Officer for the Months of October and November 2002 was accepted on a motion made by Mr. Bagwell. Mr. Harbaugh seconded the motion, which carried.
2. 2003 Budget Request for Fund 145, the E-911 Fund, was submitted from Communications Director Tony Ramsey for Commissioner information. The request will be considered in January 2003.
3.
Solid Waste Board will hold a meeting on
4.
The City of Firsts Automobile Heritage Museum/Johanning
Civic Center, Inc. Board appointments were delayed from the last meeting
held on December 2nd. Section
2.03 (1) of the CFAHM Code of By-Laws requires a “list of individuals”
nominated by the CVB and the Pioneer Auto Club to serve on the Board, that is,
more than one nominee. Only one (1) name
from each entity was submitted to the Commissioners. Mr. Bagwell made a motion to authorize the
President to send letters to the CVB and Pioneer Auto Club requesting a list of
individuals be considered at the next Commissioners meeting on
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
THE
HOWARD
___________________________________________
PAUL
J. RAVER, PRESIDENT
___________________________________________
BRADLEY
J. BAGWELL, VICE-PRESIDENT
___________________________________________
JOHN
B. HARBAUGH, MEMBER
ATTEST:
__________________________________
Commissioner Minutes,