HOWARD COUNTY BOARD OF COMMISSIONERS MEETING AUGUST 5, 2002

 

 

The Howard County Board of Commissioners met in Regular Session on Monday, August 5, 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 and conducted by President Paul Raver.

 

The minutes from the previous meetings held on July 15th, July 29th and the Executive Session on August 1st, 2002 were reviewed.  There being no additions or corrections, Mr. Harbaugh made a motion to approve all three sets of minutes as submitted.  Mr. Bagwell 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.     Howard County Bridge Inspection Program:   President Raver signed a letter to Mr. Bruno F. Canzian, Manager of the Local Transportation Section, Indiana Department of Transportation (INDOT), outlining procedures Howard County follows for bridge inspections.  After the agreement is approved by the state, the State will send back a Bridge Inspection Agreement for Commissioners to sign.  Phase I price is $39,600; Phase II will be $31,680.  At the last meeting it was determined that Butler, Fairman and Seufert, Inc., would continue performing the bridge inspection services for Howard County. 

 

                2.     Railroad crossing repairs at 50 North and Payton Street in Greentown will begin on August 19th, 2002.  Each crossing will be closed for approximately three (3) days.

 

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

 

Mr. Dwight Singer, President of the Board of Directors, introduced the new General Manager of the City of Firsts Automotive Heritage Museum, Inc., Mr. Jerry Jenkins.  (Also see July 29th, 2002 minutes, page 1, “In the Matter of City of Firsts Automotive Heritage Museum, Inc.”).

 

Born in Kokomo, Mr. Jenkins lived out of state for several years after graduating from Indiana State College.  Mr. Jenkins’ daughter attended college, married, and is starting a family in Indiana.  Following a job downsizing, he decided to return to Indiana.  The Commissioners welcomed Mr. Jenkins back to Howard County and the City of Firsts.

 

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

 

Plan Commission Director, Glen Boise, presented the following issues:

 

1.        Case 20-CP-02 – six (6) lots in L & G Acres Subdivision located at 3456 North 300 East was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion and it carried.

 

2.        Case 30-CP-02 – one (1) lot in Hostetler Subdivision located at 1476 North 700 East.  Mr. Harbaugh made a motion to grant approval to Case 30-CP-02.  Seconded by Mr. Bagwell, the motion carried.

 

3.        Case 31-CP-02 – one (1) lot in Aleman Subdivision located at 9673 East 400 North was approved on a motion made by Mr. Bagwell.  Mr. Harbaugh seconded the motion, which carried.

 

4.        Case 32-CP-02 – four (4) lots in Raney Estate Subdivision located at 3136 South 600 West.  Mr. Bagwell made a motion to approve Case 32-CP-02.  Mr. Harbaugh seconded the motion and it carried.

 

5.        Ordinance 2002-BCC-31 – (Case 3-CT-02) Removal of the primary feeder for proposed 250 East lying between 50 North (East Carter) and 100 North (Sycamore Road).  Mr. Harbaugh made a motion to approve Ordinance 2002-BCC-31.  Mr. Bagwell seconded the motion, which carried.

 

6.        Ordinance No. 2002-32 – (Case 5-CZ-02) a request to change the zone classification from C-1, Light Industrial, to R-1, Residential for property located at 3025 W. Jefferson.  A motion was made by Mr. Harbaugh to grant approval.  Mr. Bagwell seconded the motion, which carried.

 

7.        Flood Mitigation Assistance Grant:

 

a.        The State Emergency Management Agency (S.E.M.A.) experienced problems with the software to perform the cost benefit analysis.  S.E.M.A. is currently working on an analysis of each of the approximately forty-five (45) properties that are involved.

 

b.       Pertaining to the existing grant, the contractor has not finished cleaning up a property located on Ridge Road.

 

 

 

IN THE MATTER OF MAINTENANCE DEPARTMENT ISSUES:

 

Assistant Superintendent Jeff Berry attended the meeting in Maintenance Superintendent Thomas Harrison’s absence.  Mr. Berry did not have anything to report.

 

IN THE MATTER OF PERSONNEL ADMINISTRATOR ISSUES:

 

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

 

1.        Occupational Safety and Health Administration (OSHA) Universal Precautions/Bloodborne Pathogens Procedures:  Two separate books with OSHA instructions have been completed and will be maintained in each office in all governmental buildings.  Any employee may review the material upon request.  This will comply with one of the State requirements for OSHA training.  Since the OSHA education started, more than 300 county employees have been trained.  Once the County Attorney reviews the material, a memorandum will be sent out with county paychecks to inform the employees of the locations of the books.

 

2.        August 4th marks the fifth year anniversary of the Howard County Personnel Office.  A display board with Personnel Office Accomplishments and Goals was set up in the hallway outside of the Personnel Office today.  Cookies, mints and nuts are being offered to the public on a hospitality table.  The Howard County Board of Commissioners, Howard County Council, County Attorney Larry Murrell, Auditor Martha Lake and former administrators Rex Waymire and Tina Dock were commended for their assistance with the Personnel Office’s accomplishments.

 

IN THE MATTER OF INFORMATION SYSTEMS MANAGER ISSUES:

 

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

 

1.        Mr. Bagwell made a motion to approve the Mutual Settlement Agreement between Miller & Miller Information Systems, Inc. and the Howard County Board of Commissioners and authorize the President to sign the agreement on behalf of the Commissioners.  Mr. Harbaugh seconded the motion and it carried.

 

2.        Courthouse Server Upgrade:  The upgrade of the serial connections in the Courthouse has been completed except for one application in the County Clerk’s Office that is used to print checks.  The only way to keep it working after the conversion was to keep it on a serial connection.  Mr. Tribby will explore possible solutions to minimize the cost to upgrade the application and report back at the next meeting.  The Commissioners took this matter under advisement by consensus.

 

3.        E-mail Issues:  The outgoing mail seems to go out satisfactorily but the incoming mail from a couple of sources is not being delivered.  Mr. Tribby is working with Advanced Internet Technology (AIT) to resolve this problem.  Please forward any information regarding problems with e-mail messages to hcism@iquest.net.

 

4.        The State is in the process of changing the method of jury selection by December 31st, 2002.  A software investment may be needed prior to the change.  Voters Registration files were used to select names to serve on juries.  Beginning January 1st, 2003, other files from such entities as the Bureau of Motor Vehicles and Utility Companies may be used by this new method.  Mr. Tribby will contact information system administrators from other counties for assistance in looking into the issue.

 

IN THE MATTER OF COURTHOUSE RENOVATION PROJECT:

 

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

 

1.        Construction on the Courthouse began as the contractors moved in on July 5th, 2002.  Mr. Bassett submitted minutes from the Construction Progress Meeting held on July 24, 2002.  The next meeting is scheduled for Wednesday, August 7th, 2002 at 9:00 a.m.

 

2.        The mechanical and electrical systems are being demolished on the second floor.  The old heat pump piping, electrical and data cabling are being removed.  The boilers in the basement have been removed.  The heat pump system was shut down on July 29th and portable, temporary air conditioning was secured for several rooms in the Courthouse.  (See July 29th, 2002 minutes, page 3, “In the Matter of Courthouse Renovation Project”).

 

3.        A Coordination Information Meeting was held on Thursday, August 1st, 2002 with the judges to discuss the construction schedule and when the air conditioning to the courtrooms would be turned off.  The tentative date to turn off the existing air conditioning is September 1st to September 15th.  Judges Lynn Murray and Stephen Jessup, along with Commissioner Raver, Attorney Murrell and Mr. Bassett attended the meeting.

 

 

4.        As the renovations progress, Courthouse employees are informed and are accepting there will be some inconveniences.  The Voter Registration staff was commended for its cooperation during moving and air conditioning inconveniences. 

 

IN THE MATTER OF COUNTY CORONERS OFFICE:

 

County Coroner Brad Bray presented three (3) proposals to replace a 1998 Jeep Grand Cherokee having approximately 70,000 miles.  The proposals are listed as follows:

 

                                                                                                                                                    Trade In

                Vehicle                                      Dealer                                Base Cost                  Allowance                 Final Cost

 

                2003 Ford Expedition               Kokomo Ford                    $29,987.36                  $7,500.00                    $22,487.36

                2002 Chevy Tahoe                   Eriks Chevrolet                 $33,884.00                  $8,500.00                    $25,384.00

                2003 GMC Yukon                     Conkle Motor Co.            $38,400.00                  $9,000.00                    $29,400.00

 

Auditor Martha Lake cautioned the Commissioners to examine the issues of money due to other anticipated costs.  The County is spending more than it is acquiring in revenue.   

 

It was the consensus of the Board to let the County Council decide if the money is available in the County General Fund.  Mr. Bagwell made a motion to forward the request for the Coroner’s new vehicle to the County Council for its consideration.  Mr. Harbaugh seconded the motion, and it carried.  The next County Council meeting is scheduled for August 27, 2002 at 7:00 p.m., in Room 338 of the Howard County Administration Center. 

 

IN THE MATTER OF POOR RELIEF APPEALS FOR TAYLOR TOWNSHIP:

 

A Poor Relief Hearing was conducted on August 2, 2002 for Taylor Township on behalf of Jamie Mosier.  The appellant failed to appear for the hearing.  Commissioner Bagwell, Poor Relief Hearing Officer, made a recommendation to uphold the written denial for assistance made by the Taylor Township Trustee on July 25, 2002.  Mr. Bagwell made a motion to uphold the denial of the Taylor Township Trustee based upon the finding that the Township Trustee followed the Eligibility Standards and Guidelines for Poor Relief applicable to the case.  Mr. Harbaugh seconded the motion and it carried.

 

IN THE MATTER OF POOR RELIEF APPEALS FOR HARRISON TOWNSHIP:

 

A continuation of a Poor Relief Hearing was conducted on August 5, 2002 for Harrison Township on behalf of Betty Prince.  Commissioner Bagwell, Poor Relief Hearing Officer, made a recommendation to uphold the written denial for utilities assistance made by the Harrison Township Trustee on July 16, 2002.  Mr. Bagwell made a motion to uphold the denial of the Harrison Township Trustee based upon the finding that the Township Trustee followed the Eligibility Standards and Guidelines for Poor Relief applicable to the case.  Mr. Harbaugh abstained from participation or voting on this issue.  Mr. Raver vacated the chair to second the motion and it carried.

 

IN THE MATTER OF CLAIMS AND REPORTS:

 

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

 

1.        Operating claims payable on August 5, 2002 in the amount of $720,756.84 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 August 9th, and August 16th, 2002 were approved on a motion made by Mr. Harbaugh.  Mr. Bagwell seconded the motion, which carried.

 

3.        The budget hearings will begin on August 27th at 7:00 p.m. and continue through the 28th and 29th, 8:30 a.m. to 4:00 p.m., both days.  The budget adoption date is set for September 11th, 2002.

 

IN THE MATTER OF PHASE II STORM WATER REGULATIONS (MS4 Program):

 

Ms. Amy Moore, Environmental Engineer with Butler, Fairman & Seufert, distributed binders to the Commissioners identical to those assembled for use by the Advisory Committee and handed out at their meeting held on July 24th, 2002.  The current stage of the program is to identify apparent needs for storm water quantity and/or quality projects to be addressed during the life of the MS4 Program by August 15th, 2002.  Ms. Moore was seeking direction on how much effort the Commissioners desired to put toward this issue. 

 

Capital improvements may or may not be required as part of the plan, based on findings and need. Projects addressing storm water quantity issues or other issues the County has knowledge of do not necessarily have to begin right away.  Other communities have used the MS4 Federal Mandate Program as an opportunity to address some of the known problem areas in the community.

 

Mr. Bagwell suggested that the Surveyor’s Office and Health Department identify and report areas within the urbanized area that are potential points of concern.  The Commissioners requested the Surveyor’s Office and Health Department’s involvement during the next Advisory Committee meeting scheduled on Wednesday, August 6th 2002 (12:00 noon) and report back at the next Commissioners meeting.

 

A request came up at the first Advisory Committee meeting to look at the possibility of squaring-up the urbanized area on the Howard County MS4 map.  A lot of this program has ramifications on development.  As urbanized areas of Kokomo expand into the county area, and if those areas are easily defined, and not scattered, it would be easier to regulate and make things seem equitable for development.  Mr. Raver commented that the Commissioners had discussed earlier keeping the MS4 area at a minimum.  Auditor Martha Lake commented, before a decision can be made regarding how far the project should extend, there needs to be a clearer understanding of the project and the funding sources.  Ms. Moore offered to return to the Commissioners at a later date for further discussion of this issue.

 

Ms. Moore continues to work with the Advisory Committee members to identify existing programs and organizations currently involved with storm water related issues to minimize any duplication of resources and to compose a list of programs or projects that could be included in this program.  (Also see July 15th, 2002 minutes, page 5, “In the Matter of Phase II Storm Water Regulations”).  This will be one of the topics of discussion at the next Advisory Committee meeting.

 

IN THE MATTER OF REQUEST TO REMOVE DITCH EASEMENT & REDUCE UTILITY EASEMENT (at 2425 South 300 East):

 

Mrs. John W. Miner appeared before the Commissioners on May 6, 2002 requesting approval to remove a ditch that is not a regulated drain.  Included in their request was a proposal to reduce an 80-foot utility easement to 20 feet.  (See May 6th, 2002 minutes, page 4, “In the Matter Request to Remove Ditch Easement & Reduce Utility Easement”).  Adjacent property owners, Mr. And Mrs. Arthur Pugh, 2291 South 300 East, adamantly objected to the request due to concerns about past and future drainage issues.  The Commissioners were interested in obtaining the County Drainage Board’s opinion regarding this matter.  This issue was taken under advisement at the public hearing held on June 3rd, 2002 so the two parties could negotiate a written drainage easement agreement and return to the August 5th Meeting at 10:00 a.m. (See June 3rd, 2002 minutes, page 4, “In the Matter Request to Remove Ditch Easement & Reduce Utility Easement”).

 

Scheduled Continuation of the Public Hearing - 10:00 a.m.

(Actual time held – 10:10 a.m.)

 

President Paul Raver opened the public hearing.  Petitioner Linda Miner, 2425 South 300 East, and adjoining property owner Beverly Pugh, 2291 South 300 East, were present for the hearing. 

 

Obstruction of water and drainage issues were reiterated.  Neither the petitioner nor the adjoining property owner presented any changes from the previous meeting.  They had not reached an agreement.  There was no one else in the audience that wished to be heard. 

 

Mr. Bagwell made a motion to request the Surveyor’s Office to study the situation for an opinion as to whether the tile under Mr. and Mrs. Miner’s driveway obstructs the natural flow of water in the area and report the results back to the Commissioners.  Mr. Harbaugh seconded the motion and it carried.  The Commissioners will notify Linda Miner and Beverly Pugh of any further discussion of the issue.

 

Mr. Bagwell made a motion to close the public hearing.  Mr. Harbaugh seconded the motion, which carried.

 

Public Hearing Closed at 10:25 a.m.

 

IN THE MATTER OF THE DARROUGH CHAPEL SEWER SITUATION:

 

Scheduled Hearing - 10:15 a.m.

(Actual Starting Time -  10:30 a.m.)

Mr. Roger Roe (900 S. Lewis St.), Chairman of the Darrough Chapel Steering Committee, reported the results of a vote by homeowners last month.  Approximately 150 homes in the Darrough Chapel area were provided with voting forms.  The homeowners responded with 76 votes;  38 in favor of, 37 opposed and 1 undecided.  The consensus of the people is separated regarding moving forward with the sewer project.  Someone suggested, at the previous meeting of the Steering Committee, to install all of the sewer lines and allow the homeowners to connect to them as needed.  If the Commissioners decide to move forward with the project, Mr. Roe pleaded that they try to find the money and not burden the residents who have been paying taxes for many years. 

 

Mr. Roe felt the Gove and Associates Engineering estimate to be inflated.  He preferred that the County coordinate with the City Engineers and use local contractors for the project.  The homeowners’ main objection is the costs involved with the project.  They claim the monthly payments are too much for residents to afford.

 

Conversely, the sewer issue has already affected property values.  It’s getting more difficult to sell property in the neighborhood.  Some residents cannot use their bathrooms or wash clothes.  Mr. Harbaugh commented that if the County does nothing, the residents would suffer in both the short-run and long run.  The Health Department will have to issue pump and haul orders and/or condemn some of the homes.

 

Mr. Cliff Bolton, 2801 E. Markland, asked the Commissioners to consider Bellaire (south side) separate from Kenwood Gardens (north side).  Bellaire Subdivision already has a main trunk line and two auxiliary lines in place with about 15 homes connected.  Mr. Bolton contends the Bellaire sewer project could be completed for approximately $120,000.00.  He also requested that the City or County pay for and maintain sewer lines installed on County property and the property owners only be responsible for the costs involving their property.  It was feared that dividing the project would increase the total cost.

Mr. Anthony Ebert, 1117 S. Emery St., commented that it would be nice if tax money would work for the homeowners to pay for the project.  Auditor Martha Lake briefly explained taxes are collected for specific purposes.  The City has a tax rate that supports the sewer system but the County does not have that type of tax rate.  Mr. Roger Roe commented that Howard County should consider setting up funds to take care of the County’s sewer system needs.  The Commissioners said the Taylor Township Regional Sewer District and the New London Conservancy are excellent examples of efforts to resolve community sewage problems.  There are many other communities in Howard County experiencing similar problems.  Auditor Lake said the County is paying for consulting services to find the most economical solution to the sewer problem but there are not many resources available to fund county sewer systems.

 

Several Darrough Chapel residents opposed the project due to the costs involved.  They requested that the County conduct further investigation to find out if there is any other financial help available for the project.  Other residents maintain they do not have any septic problems and questioned why they need hook onto a new sewer system.

 

Mr. Jerry Williams, Senior Project Engineer with Gove and Associates, explained the cost estimates for the project were completed two (2) years ago at the request of the County Commissioners.  The estimates are predicated on Federal and State dollars.  This means there are State and Federal wage rates in place.  Mr. Williams commented that the estimates for the Darrough Chapel project are accurate.  Though some costs may seem a little high, this project may not go to construction for another two (2) or three (3) years while the economy climbs.  Also during the time the estimates were put together, natural gas prices had a tremendous increase.  PVC pipe is made with natural gas and petroleum products.  There are also concrete prices, transportation and contractor costs to consider.  Mr. Williams felt the cost estimates would be secure for the next two (2) years unless there are some major increases in the economy.  The County already has positive experience with Gove and Associates for the Taylor Township Regional Sewer District.  Mr. Bagwell commented it would not be worth spending additional money for another engineering estimate at this point in time when there will be little difference in the basic design and cost of the project.

 

Unlike local funds, the State Revolving Loan Programs and Rural Development Programs are lower interest loans than what a local bank could offer right now.  There are specific legal steps to go through to satisfy Federal and State regulators in order to receive the funding.  There are other ways to finance this type of project but local engineers probably would calculate the cost around $1.05 million to $1.25 million.  The actual cost of the project is uncertain until the project is bid and the job is completed.  The threshold rates amount to approximately $60.00.  Considering Rural Development Funding, the cost might possibly be reduced to $51.00.

 

Mr. Williams explained the Department of Commerce funds a grant up to $500,000.00.  The State Revolving Loan (SRF) Program is a 20-year loan.  The Rural Development Program, a 38-year loan, qualifies for a 45% grant.  The total cost of the project would be shared by a 45% grant and 55% loan.  To ease the financial impact on homeowners, Mr. Bagwell suggested including all of the up-front expenses and tap-in fees with the loan so they can be financed over time.

 

Mr. Monte Zinkan, 1129 S. Lewis St., questioned why the City was adamant about doing the project all at the same time.  Since Bellaire has a main trunk line and two auxiliary lines already in place, Mr. Zinkan felt it is not fair for the homeowners to pay the same amount as those in Kenwood Gardens.  Mr. Bagwell commented, though it may be less expensive to do the Bellaire area separately, it would make the Kenwood Gardens area so expensive that the project may possibly never be completed. 

 

Mr. John Stewart, 1112 S. Clark St., felt it was time for the Bellaire residents to consider forming an unincorporated village to help reduce the cost of the project. 

 

Mr. Bagwell stated the County Commissioners, along with Gove and Associates, will continue to look for grants to help reduce the cost of the project and minimize the impact on the homeowners. 

 

Mr. Greg Lake, County Health Department Environmental Coordinator, said the Darrough Chapel residents were in a better situation compared to other areas of the county with similar problems.  Taylor Regional Sewer District is willing to extend their boundaries to accept them.  This cuts down on the time frame of creating a sewer district and adding another layer of government.  Location is another benefit to the Darrough Chapel area because they have access to city sewer lines. They don’t have to go out and build a sewer plant or purchase the land to accommodate the building.

 

Mr. Bagwell will return to the City Administration to ask if there is a possibility of splitting the project between the Bellaire Addition and Kenwood Gardens.  If the City’s response is yes, then the County will request Gove and Associates to complete another cost analysis based this information.  The Commissioners took the Darrough Chapel sewer issue under advisement, by consensus, until further information is obtained.

  

Mr. Bagwell made a motion to close the hearing.  Mr. Harbaugh seconded the motion, and it carried. 

 

The public hearing closed at 11:40 a.m.

 

IN THE MATTER OF COUNTY ATTORNEY ISSUES:

 

1.        The President of the Board of Commissioners signed the original contract from Health Professional LTD.  (Also see July 29, 2002 minutes, page 1, “In the Matter of Jail Medical Care Contract for the Criminal Justice Center”).

 

2.        County Attorney Larry Murrell presented a claim for his monthly office allowance for the month of August 2002 in the amount of $550.00.  Mr. Bagwell made a motion to approve payment. Seconded by Mr. Harbaugh, the motion carried.

 

3.        An Executive Session of the Board was set for Friday, August 9, 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. Bagwell.  Mr. Harbaugh seconded the motion, and it carried. 

 

IN THE MATTER OF COMMISSIONER ISSUES:

 

There were no issues to be discussed at this time.

 

There being no further business before the Board, 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

ATTEST:

 

 

 

__________________________

MARTHA J. LAKE, AUDITOR

Commissioner Minutes, August 5, 2002