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

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, March 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 February 25, 2002, Com. Sheets seconded, motion carried.

APPROVAL OF CLAIMS

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

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of February 19, 2002, Com. Sheets seconded, motion carried.

AWARD BIDS FOR FURNITURE FOR NEW PORTER COUNTY JAIL

Com. Burrus, "The next item we have is the award of bids for a new furniture package for the new Porter County Jail. We had requested that our consultant on this project be present today and I understand she is ill with the flu. We would then entertain a motion to continue this to the next meeting."

Com. Sheets moved to continue the award of the furniture bid to the next meeting of March 19, 2002, Com. Evans seconded, motion carried.


OFFICE HOLDERS\DEPARTMENT HEADS
Dave Sheibels, E-911

Dave Sheibels, "I am here to make a request for transfer out of the 911 surcharge fund. I have two requests. One for $78,403.00 out of unappropriated to line item 4510, Data Processing Equipment for 911 Verizon CML call taking answering computer software and four Motorola Gold-elite dispatching software for the new dispatch center. The second one is for the Dictaphone project to move $125,824.00 out of unappropriated to line item 4540 Other Equipment. This is for 911 telephone and radio recording equipment for the Valparaiso, Portage and Porter County 911 primary call answering dispatch centers."

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


PORTER STARKE SERVICES
David Lomaka

Mr. Lomaka, "I am here today on behalf of Porter Starke kind of with a public plea. We have been working diligently with the county and the Commissioners, the Council, the Auditor, and the Treasurer in trying to figure out exactly what we should be budgeting for this coming year. In addition to trying to resolve some issues of last year, we met with the auditor's office last year and found out we have that $.10 on the $100.00 of assessed value is how we get funded of what is collected. The question is what is budgeted, what is certified, and what is actually collected. This past year with the Bethlehem shortfall, there was still a collection of over $78,000.00 more and I don't want to say on Porter Starke's behalf, but using that formula, there was over $78,000.00 more collected that didn't come to Porter Starke for last year. Our concern this year is as we move into the budget that Commissioner Burrus presented two weeks ago that had $1.265 million for Porter Starke is over 25% less than the previous year. We are down from $1.68 million to $1.25 million which is 25% less. What our concern is, when we budget a number and that number next week gets certified with Indianapolis, if in fact we collect more, that dime on our behalf doesn't come to us. What is concerning us is we have a meeting with Attorney Hollenbeck and yourself in a couple weeks, but it will be after the certification, and our concern is we are getting different messages everywhere we go and there is more finger pointing going on and nobody is saying the buck stops here."

Com. Burrus, "I think the issue is becoming clear in my mind, however, I would like to have Dave Hollenbeck confirm this. I was given a copy of the statute that says that the counties are authorized, and in this case Porter County is authorized to fund facilities like yours up to a rate of ten cents. It is not a levy, but it is a ceiling and that whatever is budgeted is what is then forwarded to you. Now Barb, you are shaking your head, do you have a comment on this?"

Barb Stroud, "I was going to say I was going to talk to Dave and that was the indication he gave to me that the $.10 per hundred does levy and beyond that, if more is collected, the law said may, it doesn't say shall. Why don't you double check it with him. That was the indication I had."

Com. Evans, "For the longest time, we were under the impression it was a levy."

Mr. Lomaka, "The Commissioners selects the $.10. Minimally, you have to select up to ten and that is something the Commissioners have done in the past. Our concern is at the assessed value and what was collected with that at ten cents was in the past,

Com. Burrus, "That is where the discrepancy is. My understanding of the law, that is not collected specifically; it is simply a yard stick that says we can fund you up to a limit that would equal that. That was what I was under the misconception of too, but lets follow through. Maybe we can call David today and find out."

Mr. Lomaka, "That is our concern. I am not looking back at last year, whatever is done is done. My concern is, are we going to something different and to budget a half million less is significant programing."

Com. Burrus, "If you would care to, why don't you meet with us after the meeting and I will pull out a copy of that statute. That would give us a start and maybe see if we can come to a clarification on that."


CORRESPONDENCE

Weights and Measures monthly report for February is on file.
Center Township Trustees Annual report for 2001 is on file.
Porter County Highway Department year end report for 2001 is on file.
Porter County Building Department monthly report for February is on file.

Com. Burrus, "We have an appointment to take care of. This has to do with the Economic Development Commission of Burns Harbor. The recommendation is made by the town of Burns Harbor and their recommendation is the appointment of Robert Poparad."

Com. Sheets moved to appoint Robert Poparad to the Economic Development Commission, Com. Evans seconded, motion carried.



CHILD ABUSE PREVENTION WEEK IN PORTER COUNTY

Com. Burrus, "We have a request by Prevent Child Abuse of Porter County to tie blue ribbons around the trees of the Porter County Courthouse and also the Administration Center during the week of April 7 through the 13th. The purpose of this is to symbolize the need to keep our children safe."

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


NATIONAL GARDEN WEEK PROCLAMATION AND
YEAR OF THE ROSE PROCLAMATION-JUNE 2 THROUGH JUNE 8, 2002

Com. Burrus, "We have two proclamations requested by an organization to pass today. One of them has to do with National Garden Week requested by the Garden Club of the State of Indiana and this is to declare June 2nd through June 8th as National Garden Week and the second one is to proclaim 2002 as the Year of the Rose.

PROCLAMATION
PORTER COUNTY BOARD OF COMMISSIONERS

WHEREAS, gardeners of this country produce a multitude of foods for Americans as well as enable us to export foods to other countries; and
WHEREAS, gardening instills in our people, young and old alike, a greater appreciation for nature which leads to a greater respect for our environment; and
WHEREAS, gardening furnishes a pleasant and productive full or part time activity; and
WHEREAS, our gardeners also yield flowers of great variety and breathtaking beauty; and
NOW THEREFORE, the Porter County Board of Commissioners does hereby proclaim June 2nd through June 8th, 2002 as
NATIONAL GARDEN WEEK
In Porter County, Indiana and urges all the citizens of Porter County to observe the week with educational activities and projects that stress the benefits of gardening.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S\David L. Burrus
S\Larry D. Sheets
S\John A. Evans
attest: S\Sandra Vuko


PROCLAMATION
PORTER COUNTY BOARD OF COMMISSIONERS

WHEREAS, gardeners of this country produce a multitude of foods for Americans as well as enable us to export foods to other countries; and
WHEREAS, gardening instills in our people, young and old alike, a greater appreciation for nature which leads to a greater respect for our environment; and
WHEREAS, gardening furnishes a pleasant and productive full or part time activity; and
WHEREAS, our gardeners also yield flowers of great variety and breathtaking beauty; and
NOW THEREFORE, the Porter County Board of Commissioners does hereby proclaim the year 2002 as
YEAR OF THE ROSE
In Porter County, Indiana and urges all the citizens of Porter County to observe the week with educational activities and projects that stress the benefits of gardening.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S\David L. Burrus
S\Larry D. Sheets
S\John A. Evans
attest: S\Sandra Vuko

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

Transfer of funds-Print Shop

Fund 01.86$11,500from acct 1110Full time salary
Into acct 1120Hourly

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

Com. Burrus, "Before we finish our vote on this, I want to explain what this is for. The full time assistant in the Print Shop has resigned and therefore created the opening. In our discussion with the Print Shop department head, we indicated we would prefer to see that filled part time initially to see how that works in an effort to try and save funds from the benefit package. Therefore, that is the reason for the request to go from full time salary to hourly."

Motion carried.

Transfer of funds-Commissioners' office

Fund 01.30$15.00from acct 2110Office supplies
Into acct 2410Medical and dental

To pay for TB tests for Juvenile Center employees.

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

COMMISSIONERS' REPORTS

North District-John Evans

1. Road Agreement for Liberty Minor Subdivision #1221-C-1, located on the south side of CR 875 North between CR 200 West and SR 149. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are Dennis K. and Susan J. Showers.

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

Center District: Larry Sheets

1. Road Agreement for Center Minor Subdivision # 1728-A-1 located on the south side
of Spectacle Drive east of Campbell Street. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Daniel P. and Valerie A. Steiner.

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

2. Road Agreement for Washington Minor Subdivision 2628-B-1 located on the east side of CR 450 East between CR 525 North and CR 600 North. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are Arthur and Virginia Bierma.

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

3. Performance Letter of Credit from Indiana Carpenters FCU for Hall's Acres in the amount of $10,000.00. Expiring on September 25, 2004.

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

4. Performance Letter of Credit # 358 from DeMotte State Bank for Windsor Park, Phase 2 is due to expire On March 15, 2002. There are still deficiencies and the letter needs to be extended. The developer has not extended this guarantee and I recommend filing a claim.

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

South District: David Burrus

1. Utility Agreement from NIPSCO for installation of a poles on CR 625 West south of CR 1000 South. Recommend approval.

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

Com. Evans moved to recess until 1:30 p.m, Com. Sheets seconded, motion carried.


AFTERNOON SESSION-PLAN COMMISSION
Richard and Nancy Baulos, rezone R-1 to C-1 (continued from 2-19-02)
Robert Thompson, Director Plan Commission

Mr. Thompson, "This was continued from the last Commissioners' meeting. This is Plan Commission Resolution No. 02-01. Petitioner Richard and Nancy Baulos, requesting an amendment to the zoning ordinance from R-1 Single Family Residential to C-1 Neighborhood Business. The Plan Commission reviewed this at their January 23rd hearing and recommended approval to the County Commissioners by 7-0 vote, and also with written commitments."

Com. Evans, "I asked for the continuance last week and Todd gave me the information I was looking for. I visited the site and my questions have all been answered. I don't have any problem with this. I think we should enumerate the conditions and make note that they are attached to the property and stay with any and all future owners."

Todd Leeth, "I am the attorney for the petitioners and we have an agreement for written commitments that embody all of those and I will ask for your signature on that and my clients will sign that and we will see that it gets recorded."

Com. Evans, "There was a sentence in here that said someone had expressed a desire to give us statistics in regards to mini warehouses throughout the county and I have never seen that letter. I thought there was something that as far as statistics, but I see what they refer to here but it is really not the type of statistics that I thought the letter was going to address."

Bob Thompson, "As far as I know, the petitioner did perform a marketing survey."

Com. Evans, "No. This is the one maybe that the report speaks to."

Com. Evans moved to suspend the rules and pass it on first reading, Com. Sheets seconded, motion carried.

Todd Leeth, "Thank you very much, we appreciate it."

Atty. Rinkenberger, "Wait, I don't think we can suspend the rules and pass it on first reading. They won't have to come to the next meeting for the second reading so it won't be any inconvenience to them, but I am not 100% sure that we can suspend the rules for a zone change under one reading. I would recommend against it."

Com. Sheets, "Well, we already did it. Is it too late? If it is not legal, then we won't do it."

Todd Leeth, "Would you like me to leave these with Mr. Thompson, he can see that they are appropriately signed?"

Com. Sheets, "We can do it a the next meeting. Do we need to rescind that motion?"

Atty. Rinkenberger, "Yes, I would feel better about it. I can look into it, but there is a question in my mind about that."

Com. Sheets moved to rescind the previous motion of suspending the rules and passing on first reading and moved to approve the rezone under first reading only, Com. Evans seconded, motion carried.

Com. Burrus, "The only action next time will be the second reading, and no one will be required to be present but ourselves."

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