PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, FEBRUARY 5, 2002--10:00 a.m.

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, February 5, 2002 in the Commissioners' Chambers of the Administration Center.

Those present: Commissioners David Burrus, Larry Sheets, John Evans and Attorney Gwenn Rinkenberger.

President David Burrus called the meeting to order with the Pledge of Allegiance.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of January 28, 2002, Com. Sheets seconded, motion carried.

APPROVAL OF CLAIMS

Com. Sheets moved to approve the claims of February 5, 2002, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes from January 8, 2002, Com. Sheets seconded, motion carried.

Com. Sheets moved to approve the minutes from January 22, 2002, Com. Evans seconded, motion carried.


ORDINANCE 02-01-ESTABLISHING COUNTY CORRECTIONS FUND FOR LEVEL 3 FUNDING-2ND READING

Com. Sheets moved to approve Ordinance 02-10 on 2nd reading, Com. Evans seconded, motion carried.

ORDINANCE NO. 02-01
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE ESTABLISHING A COUNTY CORRECTIONS FUND
FOR LEVEL 3 FUNDING
PURSUANT TO I.C. 11-12-6-1 ET SEQ.
________________________________________________________________________
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Code; and
WHEREAS, for the purpose of this ordinance, the Board of Commissioners of Porter County, Indiana, constitutes the County legislative body as per I.C. 36-1-2-9; and
WHEREAS, I.C. 11-12-6-1 et seq. provides that the Board of Commissioners of Porter County may elect to establish a County Corrections Fund; and
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1.Chapter 3.12 (County Corrections Fund) Section 3.12.010 (Fund established)
is added to the Porter County Municipal Code to read as follows:
3.12.010 Fund established
Pursuant to I.C. 11-12-6-1 et seq., a County Corrections Fund is established and the County elects to receive deposits into the fund from the Indiana Department of Corrections on the basis of Level 3 Funding as set forth in I.C. 11-12-6-13(c).
(Ord. 98-10; Ord. 97-9; Ord. 96-7)

This ordinance passed and adopted this 5th day of February, 2002.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
s\David L. Burrus
s\Larry D. Sheets
s\John A. Evans
Attest:_________________________________
s\Sandra K. Vuko, Porter County Auditor


OFFICE HOLDERS\DEPARTMENT HEADS
Jim Willison, Advance Communications-- E-911 furniture for new jail

Jim Willison, "I am the consultant here for the technical information. I have been asked to speak here regarding one of the many phases with the project we are dealing with and that has to do with the furniture in the new facility. That furniture project produced two bids, and we would like to recommend that we enter into a contract with Watson Dispatch to complete the project. The furniture provided by them will meet the needs as outlined in the request that we had for pricing. They are able to provide the dispatchers with a functional, comfortable work environment throughout their shift. Watson Furniture carries a ten year warranty on all the products that they provide and also a two year warranty on everything else that they provide. Total investment in the furniture is $96,056.00. We did have an amount budgeted of $100,000.00 from the 911 surcharge budget, so we are bringing this project in below what we had budgeted. Any comments?"

Com. Evans, "I saw the layout and the schematic and the furniture and it looks very good and very functional and I think you should be commended for the work you did in getting the bid in under budget."

Jim Willison, "It is kind of like building a house or buying a car. There are lots of things you can add in. And many things are functional and we really did not go overboard and I think that is how we were able to bring it in at a budgetary level."

Com. Burrus, "I would like to re-emphasize your comment that this will come from the 911 surcharge fund. I would also like to emphasize the fact that in the status of Porter County these days, no matter where the money comes from, we are not looking at any additional items beyond what we need."

Jim Willison, "This money was set aside a year and a half ago. We knew this was coming, we knew we had to have new furniture for the new facility so this is not a surprise. This is a line item we have looked at for well over a year and a half."

Com. Sheets moved to approve Watson Dispatch Furniture bid, Com. Evans seconded, motion carried.

Transfer of funds for E-911

Fund 37$96,056from acct 3730Lease purchase
into acct 4440Furniture over $100.00

Com. Sheets moved to approve the transfer, Com. Evans seconded, motion carried.


APPROVAL OF SERVICE AGREEMENT WITH VERIZON FOR TELEPHONE SERVICES AT THE NEW JAIL

Com. Evans, "I understand this is a little over $100.00 a month less that what we are currently paying at the old jail. This is for all phone communication from the new building. It is already an established line item that is currently being used for the phone system."

Com. Evans moved to approve Verizon for telephone service in the amount of $1,020.82 per month, Com. Sheets seconded, motion carried.


COMMISSIONERS' REPORT

North District: John Evans

1. Bruno Canzian, INDOT Local Transportation Manager, has called with the good news that the Calumet Trail Covered Bridge Labor and material cost would be applied to the local share. This cost was $173,280.00 and is added to the $111,160.00 credit I previously obtained for a total credit of $284,440.00. The original deposit bill from INDOT including the original credit was for $194,224.29 and the new bill will be approximately $21,000.00 to build the Calumet Trail. The construction supervision and testing will be around $140,000.00 with 80% reimbursable. The "Notice to Proceed" should be directed to First Group Engineering for the construction inspection portion of this project.

Com. Evans, "I really want to thank Dave Schelling for all the work he has done on this. He spent considerable time on the phone; tons of emails back and forth and we had managed to lower the cost of this project from a little over $200,000.00 to Porter County's share at $21,000.00."

Com. Sheets, "This has really come down to the dollars that we were looking at spending. There was a question if we were going to be able to continue this. This is a big savings compared to what it was and I think we need to proceed."

Com. Burrus, "I would like to make a comment, too. I think we all felt that the timing for this was inappropriate but we also recognized the fact that we had $173,000.00 investment in the bridge that is already existing and we also recognized the fact there was a substantial state and federal contribution to this project we were liable to lose if we did not follow through on our end of this. I think I would like to mention that John Evans and Dave Schelling did spend a lot of time and effort on this and it demonstrates the kind of savings that can be achieved if we are persistent and really look into all of the opportunities and options that are presented. With that, I would like to add my vote to it."

Com. Evans moved to approve to continue with the project, Com. Sheets seconded, motion carried.

Com. Evans, "A quick note, we still have the construction supervision costs that will be refunded to us at 80% once the project is completed."

2. Road Agreement for Liberty Minor Subdivision #1621-A-1, located on the south side
of CR 900 North between Meridian Road and CR 50 West. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Charles K. and Ilona Stewart.

Com. Evans moved to accept , Com. Sheets seconded, motion carried.


South District: David Burrus

1. Dunn's Bridge project Change Order #5 for credit to the contract of $708.85 for failed bituminous surface. The test result had 5.6% bitumen instead of the 6.3 % required. This is for the approaches on either side of the bridge. There was a discrepancy in the mix with the percentage of asphalt involved. The bituminous surface is performing satisfactory per Dave Collins.

Com. Burrus moved to accept the change order, Com. Evans seconded, motion carried.

CORRESPONDENCE

Com. Evans, "We have the bid for the annual Commissioners' bond that would give the Commissioners' a bond of $300,000.00 for a total of $1,050.00 per Commissioner. It is a surety bond covering faithful performance of duty by the Commissioners."

Com. Sheets moved to approve, Com. Evans seconded, motion carried.

Clerk's monthly report for December 2001 is on file.
Weights and Measures report for January 2002 is on file.
Veteran's Service Officer monthly report for January 2002 is on file.
Jackson Township Quarterly Poor Relief Report thru December 2001 on file.
Annual Operations Report from Porter County Highway.

1.Acceptance of dependant Shannon Lee as late enrollee to the Porter County Employee Benefit Plan for secondary coverage, effective February 1, 2002.

Com. Evans moved to approve, Com. Sheets seconded, motion carried.

2.Approval of Public Official Bond for James R. Murphy, County Treasurer for $300,000.00.

Com. Evans moved to approve, Com. Sheets seconded, motion carried.

3.Approval of blanket Public Official Bond for Deputy Treasurers in the amount of $50,000.00 each.

Com. Evans moved to approve, Com. Sheets seconded, motion carried.

4.Approval of Public Official bond for Allan W. Hoagland, Assistant Highway Superintendent, in the amount of $8,500.00.

Com. Evans moved to approve, Com. Sheets seconded, motion carried.

5.Approval of Public Official Bond for Jack Jarnecke, Highway Supervisor, in the amount of $8,500.00.

Com. Evans moved to approve, Com. Sheets seconded, motion carried.

6.Approval of Public Official Bond for Jaclyn Gray, Opera House Director, in the amount of $8,500.00.

Com. Evans moved to approve, Com. Sheet seconded, motion carried.

7.Approval of Contractual Agreement for Inmate Medical Care with Dr. Jerry Back for 2002 in the amount of $36,000.00.

Com. Evans, "I wasn't even aware this was on the agenda, but is this going to be when we move into the new jail or where he serves now and when we move will it continue?"

Linda Walker, "It is an annual contract."

Com. Evans, "Has it been increased at all? This is what it has been? How many people does he have under him? I just don't feel comfortable with approving this before I look at the contract."

Com. Sheets, "Why don't we continue this to the next meeting unless it is important and we can notify the sheriff's department and he can come in this afternoon."

Linda Walker, "The sheriff has already signed it."

Com. Burrus, "Since it is an ongoing situation, continuation should not be a problem."

Com. Sheets, "Why don't we call them and ask them to come in this afternoon?"

8.Approval of Easement for Ingress and Egress between Porter County Board of Commissioners and Valparaiso Department of Water Works for a utility easement by Essex Park on State Road 2.

Com. Burrus, "This has been agreed to with respect to a route to provide water mains to the rear portion of the subdivision."

Com. Sheets, "This is where we originally negotiated for four acres and then we wanted to keep that frontage for future references and they agreed to that and now we have to go across that property to get the water in."

Com. Sheets moved to accept, Com. Evans seconded, motion carried.

Com. Burrus, "With no further correspondence, I would like to make a comment that has to do with the obvious situation with respect to Porter County's financial condition and it also has to do with a number of comments and questions that have been raised regarding the role of the hospital in this situation. Those questions regarding the hospital revolve around the idea of a possible sale or a possibility of a loan from the hospital's reserves. Two years ago, the hospital was a major issue and a topic of discussion in the county. I was probably one of the more vocal critics of the administration and the board at that time. Since then, there has been major changes in the board and there has also been major changes in the administration and I think we are beginning to see favorable changes within the hospital and its workings and personnel. This could be a lengthy process, but I think the hospital is making good progress towards improving their performance and their finances. One of the key elements is that the medical staff are now key team players with the administration in making decisions and participating in the medical effort with respect to the overall organization. I was pleased to hear that the hospital board and the administration saw it necessary to create a strategic plan. That is a critical element in establishing long term goals and objectives of any organization. It is crucial for that purpose. The hospital embarked on that effort and they created a plan and they are now following that plan. One of the elements of the plan was the decision that Porter Memorial Hospital is going to be in the medical health term business for the long haul and that they do not anticipate changing their situation with respect to being a public hospital and they are not expecting to be sold or purchased. That is a very important component in the status of the hospital today. I think the hospital has made that choice and I personally support that choice and for the benefit of the employees, staff and community, we need to understand that the decision has been made. If it could be made any plainer, we could put a sign out in front something like Centier Bank has done and we could say ‘not for sale'. That is my opinion on the sale issue and I would like to comment on the loan issue. Porter Memorial Hospital has had public disclosure of some of their cash reserves and previous years it has been as high as 40 million dollars and currently they have embarked on a capital improvement plan that is going to be drawing that down significantly. However, they do have reserves remaining and as we looked about the county, and Dave Hollenbeck remarked we would look under every rock and every corner, obviously we are looking at the hospital. That was one of the areas to inquire about and that is the extent of what it was, an inquiry. The situation at the hospital is that they are turning the corner but they are certainly not all the way back to financial health. They are ending the year 2001 in a financial positive situation but it is a precarious positive situation. There is a good possibility that there may be economic circumstances in the community that might require Porter Memorial Hospital to draw on some of their reserves in the future. I don't think it would be prudent to borrow from those reserves such as they might be needing them. Another point to make is if you look at the total operating budget of Porter Memorial Hospital and its several hundred million dollars, and if you look at possibly a 10 million dollar reserve, that is a very, very low percentage of reserves to be able to fall back on. It is particularly low in comparison to other health care facilities in this region. So with that in mind, those reserves should be looked at as very critical to the hospital. Another point I would like to make is that it would not be prudent in my mind from a business point of view. Going back to the sale issue now, it would not be prudent to sell the hospital or any other capital asset that we have to help fund a short term operational cash flow problem. It is like selling your house to pay your light bill. I think that the decision has been made on the part of the hospital board and I hope this board can support that. To reiterate then, the hospital is not for sale and I do not believe it is a viable source for borrowed funds. Even though we may have had to look at it, I think the decision would be made to leave the hospital alone financially. They are an independent entity, they are self sufficient; we do not have to contribute to them other than for our ambulance service and I think it would be a precarious move to tinker with an institution that is regaining their financial health. With that, I will let my fellow commissioners say any comments they would like to make."

Com. Sheets, "Dave, you said it very well and I am glad to hear those emphatic words. I think that is what we have tried to say in the last couple of years. I would like to go on record as a board in a public hearing saying it is not for sale."

Com. Evans, "I agree 100% with your comments. I only wish we could sell the newspapers to make a profit."

Com. Sheets moved to go on record stating the hospital is not for sale, Com. Evans seconded,

Com. Burrus, "Before we vote on the motion, this would be an endorsement; a vote of support in favor of the direction that the Board of Directors of Porter Memorial Hospital has already embarked upon."

Motion carried.


PETITION FOR BZA LOCAL INVESTORS FOR LANDFILL

Com. Burrus, "On Friday, there was a petition filed with the Plan Commission to get on the agenda of the Board of Zoning Appeals by a group of local investors who are represented as a trust who have expressed preliminary plans to build a sanitary landfill in the Porter Township area. The specific site has been identified and is on file with the Plan Commission and that is virtually the extent of what this board knows about this project at this time. The process that this group of investors will have to go through would be to appear before the Board of Zoning Appeals and that would be the extent of the local review process that they would have to gain approval from. If they are denied their approval, then they would have to take legal action as they see fit. If they are granted approval, it will go before the Department of Environmental Management in Indianapolis for technical approvals of several different types. I wanted to make that statement and make it clear that we are not familiar with anything more than what has been published in the newspapers at this point. We will be waiting to learn more and see what transpires at the Board of Zoning Appeals meeting; the date I am not familiar with, but I believe it is the latter part of February. That is for information only and hopefully that will answer any questions to the extent we are able but it is very preliminary at this point. Any comments from the audience?"

Barb Stroud, "This is on a different topic. Something was brought to my attention about the state park in our county, the Dunes State Park. As you all know that is off the tax rolls and the state park system in Indiana has deemed it necessary to raise the amount we pay for passes and the carloads that go into the park. They have raised it higher for Indiana residents than they have for out of state residents. If you are not aware, the Dunes State Park brings in more people than any other state park in Indiana. The annual pass went from $18.00 to $22.00; but for out of state, they raised it $1.00. What I am saying is, the percentage rates for Indiana residents who in essence are paying their tax dollars to support this and if you do an annual review of the number of people coming in, we have a lot of people that use it in our area but we also have a lot of people that come from out of state. Why should we, as Indiana residents, have to pay a greater percentage increase than out of state people? I know this is a state issue, but we all know that tourism is extremely important and I think somehow and some way we need to protest this as far as to the state board that this is unfair. I feel this is unfair. We are not collecting tax dollars from other areas, so why should we have to pay more of an increase than out of state people. I wanted you to be aware this has happened. They have already posted the new fees. I don't know if we can do a proclamation or whatever, to say we are not in favor of this. I can understand an increase because it does cost more to run the park. But I don't think it is fair for the residents of Indiana to have to pay a greater percentage increase."

Com. Burrus, "Has our tourism board had a chance to review this and take a position on it?"

Ms. Stroud, "To be very honest, I meet with them tomorrow so I am going to bring it up to them."

Com. Burrus, "Well, if they could take a position on that and then make a presentation here with that position."

Com. Sheets, "With that information, we could generate a letter of discontentment."

Dorothy Alabach, "I came in to talk about the proposed land fill. I have been in the landfill objection business for years, almost forty. All investors of the landfill should not be allowed to come in the back door and target an area. I helped close Hebron, Wheeler, 49, and still working on closing some more. They should be mandated to divulge who these investors are. I don't care if they are local, state or national. These people are going to be the victims and it is close to a school. Children wind up the victims if adults can stop investors property on this type of thing. It is wrong. It is everybody's responsibility. The other thing I wanted to say was I didn't know about the landfill until I read this morning's paper. The Times Business Section has steel industry jobs gloomy. Only the president risks losing votes in Ohio, West Virginia and Pennsylvania if he doesn't help the steel companies. How did the Times leave out Indiana? I am familiar with the steel companies, too. In the Chesterton Tribune it says, "County Government between a rock and a hard place." I just spent about $45.00 of my Social Security check faxing to the House speaker, the pro tem of the Senate, 10 newspaper editors statewide in Indiana on the comprehensive annual financial report exposed. The biggest game in town and I am talking local, state and federal. When David is here . . ."

Com. Evans, "David Hollenbeck is not our attorney."

Dorothy Alabach, "Lets say all the attorneys that the taxpayers in the county that we are paying because in my personal opinion all attorney business should be out on bids. We have a law school, we have great future attorneys, there shouldn't be three or four law firms controlling what happens in this county. It should be on bids annually, they should have to vie for the position. We have lots of young graduating attorneys. Who is your attorney now?"

Com. Evans, "Our attorney is Gwenn Rinkenberger and she serves as an at-will employee. She is employed by the county. David Hollenbeck is the council's attorney."

Dorothy Alabach, "Well, I see Wagner's firm is leading the landfill or helping put it in."

Com. Burrus, "He is a private attorney."

Dorothy Alabach, "Well, I have been in this game for a long time. I would like all the attorneys that are being paid by the citizen tax payers to look into that and find out what the answers are. Thank you."

Com. Burrus, "With nothing more to discuss, this board will stand in recess until 1:30 for a rezone from the Plan Commission."


AFTERNOON SESSION--PLAN COMMISSION
Beverly Runk: I-2 to I-1, 2nd reading

Com. Sheets, "This is second reading for Beverly Runk, from I-2 to I-1. Nothing has changed, correct?"

Bob Thompson, "Yes."

Com. Evans moved to approve the rezone on 2nd reading, Com. Sheets seconded, motion carried.


With no further business to discuss, the meeting was recessed.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

David L. Burrus
Larry D. Sheets
John A. Evans

Attest: Sandra K. Vuko, Auditor