PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
WEDNESDAY, MAY 8, 2002

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Wednesday, May 8, 2002 in the Commissioners' Chambers of the Administration Center. (The meeting was held on Wednesday due to Tuesday, May 7th being election day and the government center was closed.)

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 Sheets moved to approve the payroll of May 6, 2002, Com. Evans seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to postpone the approval of claims until the afternoon session, Com. Sheets seconded, motion carried.

APPROVAL OF MINUTES

Com. Sheets moved to approve the minutes of the Commissioners' meetings of April 2, 2002 and April 16, 2002, Com. Evans seconded, motion carried.

HEALTH INSURANCE UPDATE FROM MIKE ANTON

Com. Burrus, "We had indicated we were going to receive an update on the health insurance study that Mike Anton was going to prepare for us. We have asked Mike to postpone that until our next meeting so we could have more time to address that."

ORDINANCE FOR INCREASE IN HEALTH DEPARTMENT FOR VITAL RECORDS FEES-2ND READING
David Hollenbeck, Attorney

Atty. Hollenbeck, "Given this first reading approval at your last meeting, this is a request by the Health Department to increase the Vital Records Fees. As I reported to you the last time, this is the first increase since 1995 so it has been seven years and it is generally consistent with comparable counties and comparable geographical areas around us in terms of the fees. Vital records meaning birth and death certificates and then the paternity affidavits and the affidavits of amendment."

Com. Sheets, "Nothing has changed since the first reading?"

Atty. Hollenbeck, "Nothing has changed. I think I distributed these to you before at the last meeting and we had one minor change last time and that change was made."

Com. Evans, "We thoroughly discussed it last time and I appreciate your cooperation."

Atty. Hollenbeck, "Well, the Health Department appreciates your willingness to visit this issue. As you know, we are all crunched for dollars and I think, as modified, this should generate about $15,000.00 to $17,000.00 of revenue for the Health Department. When you lose $140,000.00 every little bit helps."

Com. Evans moved to approve Ordinance No. 02-05, Com. Sheets seconded, motion carried.

Com. Sheets, "I am just repeating what I said at the last meeting. I just hope we find a way to get the funds to assist us in the North County. I hear mainly from senior citizens. There are two groups of people we need to take care of in this world, the senior citizens and little children."


ORDINANCE NO. 02-05
PORTER COUNTY BOARD OF COMMISSIONERS
ORDINANCE REVISING PORTER COUNTY BOARD OF HEALTH FEE STRUCTURE

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 Municipal Code; and
Whereas, IC 36-1-3-2 grants the Porter County Board of Commissioners all of the powers that they need for the effective operation of government as to local affairs; and
Whereas, IC 36-1-3-6 states that is there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Porter County Board of Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
Whereas, IC 16-20-1-27 authorizes and empowers the Porter County Board of Health, with the approval of the Porter County Board of Commissioners, to establish and collect fees for specific services; and
Whereas, the Porter County Board of Commissioners has been informed by the Porter County Board of Health that there is a need to modify the current fees collected by the Porter County Health Department pursuant to IC 16-20-1-27; and
Whereas, the Porter County Board of Commissioners has deemed it necessary for the operation of government as to local affairs to modify the current vital record fees being collected by the Porter County Board of Health.
Now therefore be it and it is hereby ordained that:
1. Section 8.04.030 of the Porter County Municipal Code is hereby amended to read as follows:
(a) Section 8.040.03 Birth and Death Certificate Issuance-Genealogical Research Request Fee
Pursuant to IC 16-20-1-27, the Porter County Health Officer, by and through the Porter County Health Department is authorized and directed to collect a fee for providing vital records as follows:
(A) Standard Birth Certificate $ 6.00
(B) Wallet Birth Certificate$10.00
(C) Combination Standard/Wallet$15.00
(D) Death Certificate $ 7.00
(E) Paternity Affidavit$25.00
(F) Affidavit of Amendment $25.00
The Porter County Health Officer, by and through the Porter County Health Department is authorized and directed to collect a fee of Two Dollars ($2.00) per each genealogical research request.
This ordinance having been passed and adopted this 8th day of May, 2002.
Board of Commissioners
Porter County, Indiana
s\David L. Burrus
s\Larry D. Sheets
s\John A. Evans
attest:s\Porter County Auditor

Atty. Hollenbeck, "I will report to you that the tobacco settlement monies that are threatened to be used by the legislature to solve the state problem is still a problematic concern and I would encourage you, if you run into any of our state legislators, emphasize to them how important those monies are to the functioning of the Health Departments. Indiana was one of the few states who used the money for health reasons. If you recall, Illinois gave everybody a $300.00 tax refund with their money. They are talking about settling their financial crisis by borrowing against their tobacco settlement. We receive about $50,000.00 annually as Porter County's share of that tobacco settlement."

Com. Evans, "How long would that last?"

Atty. Hollenbeck, "20 years."

Com. Burrus, "Is it targeted for a specific purpose?"

Atty. Hollenbeck, "The money comes with as few strings as any state or federal money. We just basically have to use it for programing, for any public health issue as opposed to the money we get from the cigarette tax, which there are so many strings to that, we have to turn in programing and get it approved. We can't use that money to supplement existing uses, you have to use it for innovative and new uses. That hasn't helped us at all with the shortfall in the County property taxes. Without the tobacco settlement money I don't know that you would have a Health Department."

ORDINANCE TO ESTABLISH A FEE FOR INMATE PROCESSING AND FEE FUND
Sheriff David Reynolds

Sheriff Reynolds, "I know you are familiar with this. One of the things I found after becoming sheriff, is the fact that about 90% of our people in the jail have a substance abuse problem. We have been fortunate enough to have a relationship with the IOP, Porter Starke, and we feel it has been very effective. Our facilities have restricted us to enhance it and plus the fact we only have one counselor. I have made it very clear about what I want to do in the new facility and that is to make it mandatory that if you come through our facility and you fit the proper criteria, and be in there for an extended period of time and not be able to bond out, then you will have a substance abuse problem, regardless of their innocence or guilt, that we mandate you and make them go through the program. The problem with that is an expense problem. We know that the Council and the whole County is facing a financial situation, but I don't think that should exclude us from looking at different means of somehow supplementing this cost of expanding our program. We spoke with you and Porter Starke and they also agree. The purpose of this is to basically have the inmates who come through our program pay for it. Number one, not everyone who goes through the process or gets incarcerated has a substance abuse problem. The way we wrote this up, I know there is going to be some amendments to this. We would like to have the monies go into a separate ordinance with the understanding that the County Council would appropriate the monies. Even though it reads here that I would have complete authority of spending this money. What we would like to do is, like we do all our other monies that we have in similar accounts, that we need appropriated, I would go to the County Council and ask for their approval. This way, we have the money coming in and the money would go towards the program to pay for a counselor. We know we are going to have to try and get the money from these inmates. It has worked successfully in some counties, and not successfully in other counties. In the counties that it has worked, the Sheriff's Department has put an emphasis on it, and they have done it and they have made it work. We know we are going to have to make it work. We also know that when we go into this new facility, we will have the facility and the room to have a program like this and be very successful. Right now we are working with Valparaiso University to evaluate our present program over the last four years. Under the direction of Larry Bostrom, from VU, we think the numbers will come back favorably. This is a successful program and this will help us evaluate the program and also maybe getting future funding through grants. I think we are on the right track and what we are doing is putting the financial burden on the inmates, not the County taxpayers to make this successful. If there is money over and above the IOP program, then we know we will also be impacted by overtime and some operating expenses within the jail and we would like to keep that money in there for that purpose so we won't have to go back to the Council and ask for money. We might have to, but we are trying to develop some outside revenue sources to supplement the future financial problems we are going to have moving into the new facility."

Com. Sheets, "We have talked about this for some time. The concern we have is, how many people are in jail, and they are not getting the help they need there and they are not getting the help of making the transition. I hope this goes through and I hope part of this program is that it is mandatory they have this help. Then you could give them some direction that once they get out, they have to seek more help on the outside. Too many of these people go out without getting any help and come right back. We have to stop that. I appreciate you recommending a change where you do have to go to the Council and have it appropriated. That is the proper course."

Com. Evans, "How many inmates did you book last year?"

Sheriff Reynolds, "Approximately 5,500."

Com Evans, "At $25.00 a piece, that would be helpful. When the inmate goes to the court and the judge says you are fined "x" amount of dollars and "x" amount for court costs, why couldn't that be incorporated into what the judge poses as a fine?"

Sheriff Reynolds, "I think that is a possibility. I think the problem we are going to have initially, is getting the money from them. In some instances, that is how it does work in Cook County.
Our concern was that you have a lot of inmates that come in for two or three months, bond out, go through the court system, and I think that is something we will have to consider, depending how this goes. I don't see how we can track the money. You are almost putting them in the system and then putting the ball in the court's court. To make it successful, I think we need to establish the fact that we can make this work. And we have to make it work in the front end, not the back. I think that is a viable option and has been used in other counties. We just feel for right now this might be our best approach. It is something we could consider in the future."

Com. Evans, "Who is going to make the distinction between the indigent and the person who just doesn't have any money?"

Sheriff Reynolds, "We are. I talked to the County Attorney and said that we will take the burden, that if someone goes through, we will file the small claims against the individuals ourselves. There will be an action from the Sheriff's Department against that individual, not the County, so we don't tie up the County Attorney's time. If we don't do that and the word got out that they don't have to pay, then it is not going to work. For this to work, we realize that we are the ones to make it work. If it doesn't work, it is our fault, if it does work, it will be to our credit. We will take that burden."

Com. Burrus, "As far as the education and counseling, that will be provided how?"

Sheriff Reynolds, "That will be provided by Porter Starke. In fact, Dave Lomaka is here from Porter Starke. We have maintained a good relationship with them and after this is passed, they are going to have to hire someone. We are going to have to figure out how to channel the money to them from our booking fees."

Com. Burrus, "Dave, do you feel the potential revenue is going to be sufficient to cover what you expect it to? It has been addressed already, the question could be difficult for you folks, and we will stress the use of these funds is for the stated purposes of inmate education and counseling and for the equipment, education and training for Porter County Jail staff and jailers. We have addressed the issue that it would be under the appropriation of the County Council."

Atty. Rinkenberger, "I have a little addition I would make in Section 3.34.030 at the end of that paragraph, just for clarification, we will add the sentence that says, ‘and shall be subject to appropriations through the Porter County Council.' The language that the sheriff has a discretion, he is going to have to be the one that is going to be submitting his request, make sure he is not submitting any requests to the County Council that are not in compliance with the stated purposes of this ordinance. When it says at his discretion, it means he understands that the money collected here can only be spent for the two stated purposes, so when he goes to the County Council, the only expenditures he should be asking for are for those two and the County Council should not appropriate for anything else or they would be in violation of the ordinance. He is going to use his discretion for what is considered equipment, is a radio equipment or is equipment this or that, so you don't get into specific squabbles over the language of equipment, education and training."

Com. Sheets moved to approve Ordinance No. 02-05 on first reading with the recommended changes, Com. Evans seconded, motion carried.



DEDICATION OF NEW PORTER COUNTY JAIL
Shirley Remijan, Opportunity Enterprises,
Mary Beth Shultz, Executive Director of the Caring Place,
David Lomaka, Porter Starke

Ms. Remijan, "We were approached for an idea for a fundraiser to dedicate the new jail. It started out as an idea and as I could see the potential of it, I invited both the Caring Place and Porter Starke to join us. It is going to be quite an event. There was an article in the paper that jumped the gun on staying all night because we hadn't gotten approval on that, but we have met a couple times as a committee and have some ideas of inviting the entire community, and I have been getting quite a few phone calls saying, ‘do we really get to spend the night in jail?' It is exciting for us because actually we have never spent the night in jail so that would be unique. We hope to have music, dancing, fun, food, jail food actually. We are talking about bologna sandwiches and beans and weanies. Things that might really touch your palate. There will be tours and the opportunity to really see what it looks like. We are not doing any raffles that night. It is just going to be a fun evening to dedicate a wonderful facility. We would like to serve beer and wine. We already have some volunteer bartenders who are licensed. Guns ‘n Hoses have volunteered their services. I believe the Crime Stoppers are going to take pictures and charge $5.00 for their own fundraiser. Whatever the proceeds are, will be divided between the three organizations involved. I actually have Certificates of Insurance from the Caring Place and Opportunity Enterprises. We will have Porter Starke's tomorrow. We will have the minutes from the meetings we had to give you an idea of what we are doing. One fun idea just rolls into another one. The committee is a great group and it will be a great community event. The evening will be dedicated to adults, and Saturday morning will be dedicated to children. We hope to have a pancake breakfast and invite all the children and let them see the inside of the jail and hopefully, for the only time in their lives. We will have balloons and clowns and just make it a fun event with a tad of education to help them understand it is a nice place to visit, but you wouldn't want to ever come back. We are asking for your blessing and your permission to do this and we will proceed in whatever way you choose."

Com. Sheets, "Gary Mitchell was approached and he is on the Building Corporation. We talked about what would give us a good test of these jail cells and what would be a good test of the 187 cameras, and what would give our jailers an opportunity to have people come in there and give them a test. That is what it started out as. This is a good idea and no cost to the tax payer whatsoever. It gives people a tour. We need to get more people to see this jail to see that it is not luxury and to educate the children. I think this is a good idea. Those people that will make some money are people who provide programs in this jail. Especially Porter Starke and the Caring Place who has stupid men that still think they can batter the women around. We have too many of them. They can benefit financially from this so, I know there are concerns about staying overnight and I think if that is a concern, we ought to not do it. My final comment is that any alcohol would be segregated from the youth."

Com. Evans, "Well, you hit on the two things I was concerned about. If we have alcohol, we can't have an overnight. I think it will have to be one or the other. Just because we have insurance doesn't mean we need to test it. There is a liability there that we know of going into it. So, I am all in favor of everything and I hope all three organizations make millions of dollars, but we have to be concerned of our own liability. If we have alcohol, then no overnight, and if we don't have alcohol, then have an overnight."

Com. Sheets, "I would like to note for the public's information, the grand opening ribbon cutting ceremony is going to be the week prior. The public will get an opportunity to see it then. I think it is the 22nd of June. The Commissioners, Council and judges will be invited."

Com. Burrus, "Yes, I wanted to make that point. There is a specific dedication ceremony. This is more of a fundraiser. Since it is a charitable fund raiser, is there any political fund raising to be going on at the same time?"

Ms. Remijan, "No. Not with us."

Com. Burrus, "The only other comment I have, is that even with the best intentions and the best people, the idea of an overnight stay has some liabilities I am uncomfortable with, particularly with alcohol involved. To the extent of my voting on this, I would make a distinction between one or the other of those two. If you want to discuss that and possibly revisit it, or we can take a vote on it as it stands."

Com. Evans, "I think we should give them our blessing and let them go if they are agreeable that the overnight is out."

Ms. Remijan, "Yes. We have already discussed this. The overnight would be very appealing to a lot of community people, but perhaps we can extend the hours a little bit so they can spend a few hours in jail. We plan to make some money by allowing them to bail out."

Com. Burrus, "I think the intention is very honorable, but I still have a little bit of reservation on how we are going to use the public building."

Com. Evans moved to approve the fund raiser without the overnight, Com. Sheets seconded, motion carried.

SCHOOLEY MITCHELL TELECOM CONSULTANT
Joel Carney

Mr. Carney, "I am here this morning to give you a reminder of that about a month ago I came before you and discussed the existing contract you had with Quest Communications whereby you entered into an agreement that had a monthly minimum of $750.00. What the contract laid out was, whatever shortfall you had every month, you had to make up the difference between whatever the cost was and the $750.00. Quite honestly, most of that $750.00 was paid in penalty every month. I think there is only five lines that utilize the Quest service. I suggested that because of the clause in the contract, you had to notify them 30 days in advance of the expiration of the contract to keep it from renewing automatically. We would send them a letter telling them we didn't wish to continue that contract beyond the expiration date of May 24th. What we need to do is address what you want to do with the five or six lines associated with that contract. We discussed the existing contracts and you indicated you would take it under advisement, so I thought I would come in and remind you of that and see if you had any questions or direction you wanted to give me."

Com. Evans, "Were you able to get the language in there that we wanted?"

Mr. Carney, "I talked to the provider. They and their attorney felt that it was not too unusual for telecommunications contracts and the attorney's advice that the contract, as I submitted it to you, would be their final offering."

Atty. Rinkenberger, "That is not what they told me. I called them on the phone and I shared the language with them and I was told they would make some of the revisions and mail me a new contract, but I never received anything."

Com. Evans, "We have other providers that have agreed to litigate in Indiana."

Atty. Rinkenberger, "That was one of the ones they told me they would concede on, so I am confused."

Com. Evans, "Some of the points were just in plain fairness."

Mr. Carney, "Well, what Gwenn is saying is certainly news to me. We are apparently getting conflicting stories. This is something I would be very happy to follow up with."

Com. Evans, "This renews on the 24th?"

Mr. Carney, "The Quest contract will not renew."

Com. Evans, "We meet on the 21st so I think we can make a decision at that time."

Atty. Rinkenberger, "That Simco is who I spoke with. Whoever's name you gave me, I spoke with him and we disagreed on some things and agreed on some things and I said send me what you are willing to do and then we will decide if we want your service or not. But, he did concede on two issues, but I never received anything back."

Mr. Carney, "Like I said, that is news to me, but I would be more than happy to follow up with that. The problem with waiting until the 21st is there are certain actions that have to be taken. They have to obtain customer service records, they have to do some paperwork of their own, Verizon is also involved in converting those lines to whatever carrier that you would choose and three days probably isn't going to do it."

Atty. Rinkenberger, "Since they are telling you one thing and me another, I think you have to make a decision today whether or not to accept the contract on their terms, because that is what I am hearing. They wouldn't concede on all of the terms. Very few of the terms would they concede on."

Com. Evans, "Our alternative if we don't take their contract is what?"

Mr. Carney, "We would have to go out and look for other competitors that would be willing and go through the process again because their contracts are probably going to be pretty much the same."

Com. Evans, "We are talking five lines, right?"

Mr. Carney, "Yes. There is an inbound toll free number involved in that too, but I am sure it piggy backs on one of the other numbers. It is not a line onto itself."

Com. Evans, "Is there any way to farm those five lines out to our other existing carriers?"

Mr. Carney, "We could possibly go to Verizon or one of the other carriers on a temporary basis. I would have to look into whether they would want to do that on a monthly basis. That would be the problem if they are willing to do that. I could explore that."

Com. Evans, "I don't think it is reasonable to ask them to litigate, if they want to sell their service in this county, they ought to have their contracts state that if there is a problem, it will be litigated in this state rather than in another state. That is a minor request. The other one wasn't that major either."

Mr. Carney, "Well, then it is my understanding that you would like me to look into temporary alternatives for those five lines."

Com. Evans, "Yes. In the interim, see if Quest wants to go on a month to month themselves at the usage charge, not the $750.00 minimum."

Mr. Carney, "Okay."

Com. Burrus, "So the consensus is we are not prepared to enter into that contract today. We will still entertain further discussion with them if they would be willing to clarify what their position is on some of the changes we have discussed."

Com. Evans, "Would it be easier if we had a motion to approve if they all agreed to our proposed changes?"

Atty. Rinkenberger, "All of them or just the Indiana-Illinois?"

Com. Evans, "Well, that one and the other one. How about contingent on the attorney's approval. That way it gives you leeway to do both. If they will agree to our request, then I think we should go ahead with it. Obviously there is a savings."

Mr. Carney, "Okay."

Com. Sheets, "The questions we have are legal questions."

Atty. Rinkenberger, "Because we don't get the terms we want, doesn't mean the contract is illegal. They are just not giving us the terms we want, so we could still execute a contract with them even if we don't get all the terms we want. We have done it before. It's just that we have asked for certain things and they denied certain things. Then it is a discretionary decision for the Board to whether or not they want the service given the contract terms."

Com. Burrus, "I think we can go forward with Joel searching out a month to month service that would be available. In the interim, let this one follow up at its own pace until we are satisfied that we have a clearer understanding of what they intend to do."

OFFICE HOLDERS\DEPARTMENT HEADS

Tiburon Lease Purchase Agreement, David Sheibels, E-911 Director

Mr. Sheibels, "I think the first thing to do is conclude our Tiburon Lease Purchase Agreement. Gwenn has the original copy from the Banc of America and we have been through this. She concurs everything is in order. We purchased the Tiburon system last month and agreed to go with the Indiana Bond Bank lease purchase project. The Banc of America underwrites the money for the Indiana Bond Bank program."

Atty. Rinkenberger, "I have reviewed the information in the packet provided to us from Banc of America for the master equipment use purchase for Tiburon and it is in order. I think it needs Board action because when he came here last time, he was talking about collecting between one of two possible entities for the lease purchase and we couldn't take Board action not knowing which one was going to be selected."

Com. Sheets, "One question, Sharon, is Data Processing on board and are you informed of what is going on?"

Sharon Lippens, "Yes."

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

Com. Burrus, "I have a very pessimistic view towards some of these software companies. It seems they fade in and out of the picture so they can create a market for themselves."

Mr. Sheibels, "Well, they have been in business since 1976, so they are an established public safety software company. I have a few other things today. I would like to introduce Jim Willison, our technical radio consultant on the new jail project. He has been on board for a couple years. Through the jail project and the jail committee that meets every other Thursday, we reached a point where we needed to go out and secure base radio systems and control based radio systems for the new jail system. We put a formal RFP out, it was advertised in the Chesterton Tribune, and we had a little bit of communication from 2-Way Radio that they required an extension, we gave them a week extension. We allowed all the people that picked up this radio based RFP an extension and the only reply we got for this RFP project was from Miner Electronics. At this time, in concurrence with Jim Willison and the Jail Building Committee, I would like to entertain a motion to approve Miner Electronics for the radio based stations for the new jail project. It is fully funded through the jail bond money project."

Com. Burrus, "This was an anticipated item, as I recall. Your bottom line on this is $69,167.00? The process of advertising for this, there was some local criticism as to the amount of time that was offered to prepare a bid and you extended that time in consideration of that request? In fact, you did not receive a bid from the complaining party?"

Mr. Sheibels, "Correct. We have not had any communication from them since then. We addressed all their questions and extended the time and have no communication from them."

Com. Burrus, "Well, I think we have gone the extra mile on this and I am prepared to go through with the process today."

Jim Willison, "Just a reminder that Miner Electronics has been a provider of radio equipment and gear for many years. They are also your present supplier for the dispatch and for the new dispatch site. So the company we are recommending certainly has been in business for a long time, they know what they are doing and they will do a good job."

Com. Sheets moved to approve Miner Electronics for the radio equipment, Com. Evans seconded, motion carried.

Request for transfer of unappropriated funds

Mr. Sheibels, "I have one more thing. This is just another small section of the transition process. We use medical priority dispatch software at Porter County Jail and at Portage. We need to expand our licensing for the Porter County facility in conjunction with moving systems. This is a request for transfer from unappropriated funds of $14,080.00 into Data Processing equipment line item in the 911 surcharge fund 37 to cover this expense of the upgrade. This is all software for licensing. The software we use to get pre-arrival medical instructions on EMS type of calls."

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

MEMORIAL OPERA HOUSE, Raise fees
Jackie Gray, Director

Ms. Gray, "I would like to ask you to approve the proposed changes in the Opera House rental fees. I had turned in copies of the proposal to you and we have three different categories. People that are commercial users and private individuals from $65.00 to $80.00; non-profits from $55.00 to $65.00; and government users from $35.00 to $45.00. They would all be increasing by a $10.00 to $15.00 amount."

Com. Burrus, "Jackie and I have worked very closely within the last several months regarding the budget process as it applies to the Opera House and one of the goals we have set for that facility is to work towards having it be more self sufficient. I think this is partly in response to that."

Ms. Gray, "Absolutely. We last had a fee increase in December of 2000 and it has always been my feeling that every year or year and a half, we would have another fee increase."

Com. Sheets moved to approve the rate increases for the Memorial Opera House, Com. Evans seconded, motion carried.

DATA PROCESSING, Radio transmission interference
Sharon Lippens, Director

Com. Burrus, "I have just a few comments to give you some background. Currently, the County has been experiencing some interference on our radio transmission equipment between this location, the Courthouse, and the North County. We have determined there has been an interference with another frequency, and after investigation, we have determined we want to request the FCC to grant us a restricted or specific frequency of our own. At the same time, we have been incorporating this thought process with the communication requirement that exists for the new jail facility and I think we have a proposal to discuss that has the ultimate outcome of solving all these problems and issues."

Ms. Lippens, "We looked at solving the requirements with the jail moving as well as eliminating the interference problems we have been getting now."

Com. Burrus, "I think you are prepared to advertise for bids for the specific equipment that is necessary to provide this improved service and you are also making a recommendation as part of your proposal that the existing equipment be re-located and re-positioned in a manner that we can utilize 100%. At this point, we need to give Sharon authorization to go out and advertise for bids."

Com. Evans, "I think it is a good idea and is critically needed, too, because it has caused the North County operating just about come to a halt."

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

CORRESPONDENCE

Weights and Measures monthly report for April, 2002 is on file.
Veteran's Service monthly report for March, 2002 is on file.
Building Dept. monthly report for April 2002 is on file.
Porter County Juvenile Detention Center Annual report for 2002 on file.

Acceptance of Therese Davis to Employee Benefit Plan

Com. Sheets moved to approve the acceptance of Therese Davis as a late enrollee to the Porter County Employee Benefit Plan with coverage to be effective May 1, 2002, Com. Evans seconded, motion carried.

Porter Memorial Hospital EMS monthly report for January 2002 is on file.
Porter Memorial Hospital EMS monthly report for February, 2002 is on file.

Acceptance of Paul Childress to Porter County CRVC.

Com. Evans, "I think he is a tri-town appointee from Chesterton-Porter-Burns Harbor. All three of those bodies have endorsed him."

Com. Evans moved to approve Paul Childress as the Tri-town's representative to the Porter County Convention, Recreation and Visitor's Commission to replace John Bostick whose term expires on December 31, 2002, Com. Sheets seconded, motion carried.

Red Cross blood drive

Com. Evans moved to approve a request by American Red Cross to hold three blood drives at the Administration Center for Friday, August 9, Friday, October 4; and Friday, December 20, 2002 from 8:00 a.m. until 2:00 p.m., Com. Sheets seconded, motion carried.

Approval of official bond for Richard Claussen

Com. Evans moved to approve the bond for Richard Claussen, Weights and Measurers Inspector in the amount of $8,500.00, Com. Sheets seconded, motion carried.

Approval of Avenue of Flags project

Com. Evans moved to approve request by Valparaiso Lions Club for the Avenue of Flags project on the Courthouse lawn for Memorial Day, Com. Sheets seconded, motion carried.

Approve annual report of Congressional, Common School Funds

Com. Sheets moved to approve the annual report of Congressional, Common School, and Permanent Endowment Funds for the year ending April 30, 2002, Com. Evans seconded, motion carried.

Approve increase for Porter County Animal Welfare Board

Com. Sheets moved to approve the increase of the "owner request" fee at the Animal Shelter from $30.00 for dogs to $40.00, Com. Evans seconded, motion carried.

Approve contract for payphones

Com. Evans moved to approve the contract for two payphones for one year at Juvenile Detention Center and Administration Center at $75.00 per phone, Com. Sheets seconded, motion carried.

Approve Annual Rate and Structure change on postage scales

Com. Evans moved to approve the annual rate on two electronic postage scales in the amount of $300.00, Com. Sheets seconded, motion carried.

Request for Additional Appropriation-Highway Department

Fund 02$36,577.00Acct 3420Liability Insurance
Fund 02$25,000.00Acct 3730Lease Purchase

3420-Final payment on renewal of Workman's Comp Insurance Policy

3730-for telescopic aerial platform lift to replace 1989 truck which will no longer pass certification requirements.

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

Request for transfer of funds-Commissioners' office

Fund 01.03$3,000from acct 3977Appraisers
Into acct 3430Worker's comp
Fund 01.30$1,000from acct 3973Change of venue
Into acct 3430worker's comp
Fund 01.30$1,000from acct 3320legal notice
Into acct 3430worker's comp
Fund 01.30$2,000from acct 3340advertising
Into acct 3430worker's comp
Fund 01.30$ 853from acct 3710equipment rental
Into acct 3430worker's comp

to pay worker's comp for the rest of the 2002

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

Request for transfer of funds-Commissioners' office

Fund 01.30$3,000from acct 3130training and education
Into acct 3410official bonds
Fund 01.30$ 100from acct 3210travel
Into acct 3410official bonds
Fund 01.30$2,000from acct 3120consultants
Into acct 3440unemployment
Fund 01.30$ 155from acct 3210travel
Into acct 3440unemployment

to pay blanket official bond for Clerk's office employees.
To pay unemployment claims for the month of March 2002.

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


COMMISSIONERS' REPORTS

Com. Evans, "Mr. President, before we go further, I ask that you allow the citizens that are here from Jackson Township to speak because I think it may pertain to one of the items in my report."

Jackson Township citizens against moving of Toll Road barrier

Denarie Kane, "Thank you for allowing us to make public comments today." (Mrs. Kane read the attached letter to the Board.) I noticed in your master plan that this area is earmarked as well suited for recreation. I did see any corresponding indication on the Thoroughfare Plan that there was potential for Toll Road barriers or if that had been considered as part of the planning process. I would also like to let you know there are other owners here that are part of the property owner's association as well as our president, Keith Nelson. I am also a public official, I work for the mayor of Hobart as Director of Development so I am fairly knowledgeable of public participation and the public process that goes into these projects. I have to say I am astounded at the lack of that in this case. I sit on various NIRPC committees, as Mr. Sheets does, and it is surprising to me that this has not been on the radar screen at the NIRPC meetings. I am trying to do some fact tracking, but if the number of toll booths is increased to 18, Mr. Puro that came to the meeting at the Liberty Fire Station, I think deliberately mislead the residents by stating that there would be nine toll booths. I am trying to verify that, but what I am hearing is that this facility will be larger. We have also learned that three property owners have accepted offers. I find this disturbing because what was portrayed to us at the Liberty Fire Station is that he would take our concerns and comments back and analyze them. Certainly this doesn't give me any confidence this will be done. I have to say he was very ill informed about a project that is his decision to make. I found it unfortunate that he would be so ill informed and then try to portray that he was being open and honest with us about it. It is deeply disturbing to me to hear this. Thank you for your consideration in this matter."

Mrs. James Robinson, "I live in Jackson Township and I am here speaking for the people of Jackson Township. There is only a few of us here right now. Not too many years ago, a toll road barrier was built in Portage before anybody quite realized what it was, it was there. If the people knew what it was going to be, it would have never been built. It has been a nightmare for the people of Portage. All the trucks and cars going east and west on the interstate are stopped in Portage. The air and noise pollution and the run off water pollution from this barrier are extreme and self evident. The health problems associated with these barriers and pollutants are well documented. We congratulate the people of Portage for their victory in having this barrier removed. Now, however, the Toll Road Authority is using the same stealth statics to inflict this barrier on another community in Porter County. Without any public notice or hearing, they have approached three property owners in Jackson Township to buy their property for a new toll road barrier. They did not contact the township trustee or the advisory board, they did not contact our state senator or state representative and I doubt if they contacted you. Last Saturday, at a hastily put together meeting, attended by approximately 150 people, Mike Puro, Toll Road Manager, attempted to address the issue. It was very disturbing to most of the people attending how uninformed he was about the barrier; its design, the number of lanes, if there is environmental impact noise or storm water studies; he did not know why the location had been chosen, he did not know about the number of people who would be impacted. He did not know if a barrier was needed or the alternatives, yet he was the person who decided upon Jackson Township. This does not exactly install confidence in the Toll Road Authority. The people of Portage who were involved in the negotiations to remove the Portage barrier were told that if it was moved, it would be moved to an unpopulated area. Those I talked to were stunned to know the Toll Road Authority was planning to move it to Jackson Township. As Commissioners, you know Jackson Township is populated. It has over 3,000 registered voters and we're not sure of the population, but it is probably 5,000. Much of this population is clustered in subdivisions near the Toll Road. Please note that Jackson Township is a united community. We share schools, we're friends, we're as much of a community as any incorporated town or city in Porter County. I might add that this place where they want to put the toll booth is 1,000 feet from Apple Acres Girl Scout Camp, which serves the whole region. All the girls from Hammond and East Chicago, this is their camp, 1,000 feet from where they want to put this. It is a beautiful and special place of old woods, rare plants. I don't think there has ever been a plant inventory done but there might be endangered species. It is one of the few places that are publicly accessible and the only Girl Scout Camp that has this type of thing in the whole region. I would also like to address some environmental issues. There are three creeks on this property. I am not sure if they flow into Sand Creek or Coffee Creek, but they do flow into one. I live on Sand Creek and there has been oil sheen on the creek for years and that is illegal. A few years back the Toll Road Authority did some culvert work and tried to correct that. It hasn't been corrected. The reason for that is it can't be corrected because the grade is raised and the water flows down everywhere. If they add 18-22 lanes, which is what we heard is going to go in, there will be a tremendous amount of run off into these creeks. Because of the raised grade, I don't know of any way this can be controlled. Also, there is new storm water run off rules going into effect, and I do know that the density of Jackson Township's population and most of rural Porter County will be affected by this. I am also concerned that there has not been the proper studies done on this. There is supposed to be noise studies done, environmental impact studies, and there are all kinds of studies that need to be done with a major thing like this. Another thing is, why was it needed at all? From what we understand, there is only two places on the Toll Road where people don't pay and get their tickets and that is why this is needed. But why, at those two exits, people aren't getting their tickets and paying their tolls like everywhere else across the country? Why must every car going east and west across this country have to stop in Porter County and leave their air emissions and noise and etc. Porter County is no longer agriculturally based; it is industrial based as we know, yet our housing industry continues to flourish. There is only one reason why this is happening and that is because of our quality of life. We must vigilantly and jealously protect our communities which can destroy that quality of life. We are one county, we share so much in common, we must stand community to community. There is no reason why any community in Porter County should have this barrier forced upon them. There is no reason why all the traffic in this nation that travels on the Toll Road should have to stop in Porter County. I implore you, I beg you, I plead with you, to please send a letter to the Toll Road Authority, to the head of INDOT, to the governor, and ask them to immediately cease the activity that is going on to halt this project until the proper studies are done. Until something is done and we get something based on intelligent decisions. If you were to have been at this meeting, you would have been as shocked as we are at the lack of information and knowledge that has gone into this decision. Thank you."

Les Dreicher, "Good morning. I am a licensed practicing architect. I have an architectural firm in Hammond that I have had for 21 years. I am a property owner in Windemere Subdivision. The subdivision is probably the greatest impacted for this proposal. Over my years of practice, I have been involved with both numerous private and public projects. I attended the meeting on Saturday, which the director of the Toll Road was there, Mike Puro. I was surprised at the lack of information that was available at that meeting. The gentleman brought a tablet of paper and a pen, yet the Toll Authority seems to know that this project will cost 18.2 million dollars. Now to be able to come up with an estimate like that, you have to base that on some kind of schematic design, some kind of analysis. Especially, be able to undertake property acquisition. I think it was an intentional move on his part. I think he wanted to come unprepared so that it looked like the project wasn't as far along as it actually is. He discussed exploring other options that were brought up by numerous residents. Some people that spoke at the meeting seemed to know more about his mile markers than he did. They seemed to know more about other options that could be available to solve this problem. He seemed to open his arms and embrace other options and be able to look at other options and get back to us. Meanwhile, they are rapidly moving ahead with property acquisition. I think the timing has a lot to do with this. He knows there is a fiscal problem in Indiana and we are focused on other things and they are trying to slip this in. This seems to be something that will just happen. I would have thought the Toll Authority would have offered an opportunity for public hearing to fully disclose what they are doing, it is not happening. If he gets back to us in a month or two, I think the design will further advance. The property will be acquired and this is something Porter County will wind up living with as the county further grows and develops and we will be in the same unfortunate position as the City of Portage. I implore the Commissioners with whatever clout you have to please look into this. Talk to INDOT and see what we can do, at least slow it down, so we can have a chance to look at it, evaluate it and see if this is an appropriate thing for our community. We believe it is not. We think it will have a serious impact. You can go out on the property now and any day there is a south wind, the noise is at an acceptable loud level, and we think it will increase drastically. If you have traveled the Toll Road, you know what it is like on a Sunday night, westbound, when you have significant back ups. It was interesting to learn the Toll Authority has a hiring freeze on and cannot staff those toll booths. So they will actually increase the number of toll booths in this barrier and not adequately staff it. It will do nothing but increase the length of delays, add additional pollution, degradation of our environment. Thank you for letting me speak today and I hope you can help us in our cause."

Keith Nelson, "I am the president of the Windemere Association and I just wanted to let you know our subdivision is totally against this and we are going to try and work with every subdivision in our community because there is quite a few of them that are pretty much dug back into the woods. They are all beautiful subdivisions and they are all going to be affected. What we would like to do is, we will make it public notice that we don't like the idea of them bringing it in. Also, we would like to work with you to help us to understand what we need to do and the processes we need to go through to make sure we do things the right way. It is going to be terrible for our area. We all live on natural water. What is going to be the effect on our water over a period of time? The whole community is on natural water. We have great wildlife, we have wetlands, we have a beautiful area and that is going to be totally destroyed. We have the deer that roam the streets. This is a part of the county and it should stay that way. If you could help us and give us the leadership and information we need to help let the department know this is a terrible thing to do to us."

Ms. Kane, "Is it possible for you to legally intervene for us?"

Atty. Rinkenberger, "I would recommend the Homeowner's Association try to obtain counsel because private counsel for you could start to access documents under the Freedom of Information Act. If anybody was entitled to a public hearing, it is the citizens that live within 300 feet of an affected area. Everybody in these subdivisions should have a standing to challenge these proceedings collaterally through private counsel. We could ask the Highway Department to look into what they are doing and what the requirements are, but you have standing as well to challenge the public hearing because you guys are the ones entitled to public hearing. So if you could obtain private counsel that could get on this and start looking at the laws and finding out about their public notice. Did they give notice and what documents do they have? If they have documents, they should be public records accessibly under the Indiana Public Law Act. As residents, you have more standing than we do."

Com. Evans, "I would like to go on record saying I support your project 100%. I own property in Portage, one mile from the current toll barrier. The noise there is excessive and I don't think it is right to move it from one residential area to another residential area. That is what they would be doing. I think we need more information and I would like to ask that we have our highway engineer to look into the proposal for our benefit and if I can be of any assistance, I would be glad to help."

Com. Sheets, "I think it would be appropriate for this Board to take action and draft a letter to INDOT indicating we need information and secondly, we don't believe the proper studies and proper notice to local units of government have been made. That they have not gone through the proper steps. We normally ask for things of INDOT and it takes us forever to get their attention and here they are doing something without even bringing it to our attention. I would suggest a letter to INDOT to show our displeasure and what we are looking for and ask them to not take action until the studies are in. I think we have to do that as a board."

Com. Evans, "I think Dave Schelling would be the right person to write that letter given his expertise. We can sign it, but he can use his ability as an engineer to further our cause."

Com. Burrus, "One other comment, according to the newspapers, I understand that Rep. Ayers was surprised as well. He is probably another strong asset on your side in this issue. I think he would be in your corner. I think he could be a big help"

Ms. Kane, "Charlie Brown is our state representative. Rep. Cheney was at the meeting with Senator Antich on Saturday. I don't know that he contributed any insight to the decision making. I was lead to believe that both he and Sen. Antich had some knowledge that these decisions were not conveyed to us as the affected parties."

Com. Sheets, "Did you ask him anything directly?"

Ms. Kane, "He was mostly listening. Sen. Antich was concerned because she had been assured through previous discussions, that no residents would be affected. With a room of 150 people, obviously residents are affected. There may not be homes on the 100 acres, but that doesn't mean residential areas are not affected."

Com. Sheets, "Obviously, there is a toll booth in Portage and Rep. Cheney has been involved and had some legislation passed. I would suggest you contact him by phone and have a meeting with him and ask for his support in what you are asking for."

Chuck Mosley, "I am the Director of Porter County Homebuilders and I haven't had an opportunity to study this but in the future, we may want to take a look at this see what is going on."

Com. Sheets moved to recommend a letter be drafted to INDOT by Dave Schelling, Highway Engineer, Com. Evans seconded, motion carried.


COMMISSIONERS' REPORTS

North District: John Evans

1. Maintenance Letter of Credit # 82003479 from Bank One for Wind Ridge Subdivision
in the amount of $69,340.00. New expiration date is January 8, 2004.

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

2. LPA Claim Voucher #2 for $6,905.16 to INDOT for reimbursement for the Construction Inspection of the Calumet Trail, Project # STP-9964(065).

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

3. Maintenance Letter of Credit for Fox Chase Farms, Phases I, II, & III is due to expire on May 10, 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. Evans moved to approve, Com. Sheets seconded, motion carried.

4. Road Agreement for Jackson Minor Subdivision #2515-D-1, located on the north side of Burdick Road between CR 400 East and CR 475 East, offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Keith Simms.

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

Center District: Larry Sheets

1. Just for information: Sedley Bridge final inspection and acceptance. The last work was dressing up the east side ditch on Sedley Road near the south construction limit. Any additional work by the contractor would be at our expense per INDOT.

2. Acceptance of Phase 1, Emerald Ridge Subdivision roads, located on the west side of CR 100 West between SR 2 and Division Road. Developer has agreed to keep roads clean. There is an $80,000.00 maintenance letter of credit.

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

3. Road Agreement for Union Minor Subdivision 738-B-1, located on the east side of CR 500 West between Division Road and CR 100 North. Offer to contribute $750.00/lot for a total
of $3,000.00. Owner and subdivider is Tim Brust.

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

4. I have one other item. On the RCD, Resource Conservation and Development. I have been sitting on that board until they get somebody who would like to sit on it. They found someone to represent the Board of Commissioners. Her name is Carol Lindsay, she is from Union Township. I was hoping we could appoint her."

Com. Burrus, "I received a letter from Dan Fleming, who is the president of that board and he is recommending Carol as well."

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


South District: David Burrus

1. Road Agreement for Porter Minor Subdivision 750-B-1, located on the east side of CR
500 West between CR 500 South and CR 650 South. Offer to contribute $750.00/lot for a total of $750.00. Owner and subdivider is Judy Morgan.

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

OTHER BUSINESS

Com. Evans, "I would like to make mention of the election last night. I read in the paper where the hard drive crashed and I think Sharon should be commended for her hard work. The other thing, Lee Childress in the Print Shop was responsible for taking her input and putting it on the website so that anyone that wanted could obtain the results at home. I think they both did an outstanding job."

Com. Sheets, "I am glad you said that, you are right. They were clear and easy to read."


AFTERNOON SESSION-PLAN COMMISSION

Com. Burrus, "The first item is a rezoning issue for Keith Freyenberger."

Com. Evans, "If I could interrupt, Mr. President. The claims that were continued from this morning are okay to pass."

Com. Evans moved to approve the claims of May 8, 2002, Com. Sheets seconded, motion carried.

Steve Nigro, "This was before the Plan Commission and received recommendation for approval at the March 13th meeting. It is approximately 25 acres going from AG to RR-Rural Residential for the purpose of a major subdivision. The vote was 7-0 in favor."

Todd Leeth, "I am here on behalf of Keith Freyenberger. He is the petitioner in the case before you which is a rezone as Mr. Nigro said of 25 acres. Prior to the commencement of this afternoon's hearing, I provided you with a survey which shows the parcel. It is located at the northwest corner of Highway 8 and CR 400 West. It is a long and narrow piece on the frontage of 400 West. We are seeking a zone change from the agricultural open space zoning district to the rural residential zoning district to allow for a subdivision of that property which is not allowed under your ordinances. It did receive a unanimous favorable recommendation following the public hearing at the Plan Commission on March 13. The balance of the property shown on the drawing, 107 acres outside of what we are asking to be rezoned, is also owned by the Freyenberger family. That is probably the property most affected by this zone change. We believe that this is an area that is in a transitional zoning. The zoning history dates back to the early days of the Porter County zoning ordinance and the zone map. The Hebron high density residential zoning of R-1 is less than a mile away to the west. There is a rural residential subdivision between that and this subject property, within that 3/4 to a mile separation to the west. On the east side of 400, there is a current subdivision with a number of homes fronting along 400 just as we anticipate this subdivision as well. Again, I think the zoning fits, it marks the development in the area. We would be happy to answer any questions. Thank you."

Com. Burrus, "Any comments from those opposed to this subdivision? None, okay. Then is there any comments from the Board?"

Com. Sheets, "No. I think I was at that meeting and the vote was favorable unanimously and there is nobody in the audience to speak against it, so I don't see a problem."

Com. Evans, "How many road cuts will there be?"

Atty. Leeth, "For the driveways, we don't have a final layout of what that is but we would anticipate approximately 14 homes in the subdivision."

Com. Evans, "And they would all have driveways that exit onto 400 West?"

Atty. Leeth, "Yes, that is true, just like they do on the east side."

Com. Burrus, "I assume the drainage issues are non-existent or at least taken care of?"

Kevin Breitzke, "This hasn't been to TAC for a zoning change, however, TAC adheres to a policy of joining driveways, not only for the traveling public, but for mail and school bus pick up, etc. I would anticipate there being between 7 and 9 driveways if the petitioner is cooperative. It is not a requirement."

Com. Sheets, "What we are doing, is to not rezone this, that is what you are asking for, but then after that then you will present a plan for the 14 cuts and at that time, and you will have to come back before the Plan Commission and they will be reviewed at that time."

Atty. Leeth, "That is right. We are anticipating a major subdivision which will have to go through all of the pre-hearings and TAC."

Com. Sheets moved to approve on first reading, Com. Evans seconded, motion carried.

Amendment to Thoroughfare Plan

Steve Nigro, "This was just a minor change in the Thoroughfare Plan. A portion of it reads as follows: ‘in the absence of any street being designated in each section of land within the jurisdiction on or approximately on the north, south, east-west half section lines of such section. It is the intent of the official Thoroughfare Plan under this title that minor collector streets be established on such half section lines. It was made arterial but is being switched to minor collector on those half section lines."

Kevin Breitzke, "The point of this is that there are certain uses and industries that need access to major thoroughfare and by making these collectors, we just decreased the right of way requirements from 50 feet to 40 feet and this follows in half section lines. It is something in the 59 ordinance that really hadn't been adhered to, so we thought this was a good way of creating a compromise in good planning at the same time."

Com. Burrus, "By reducing this right of way requirement, what will be the impact of some of the development you just mentioned?"

Mr. Breitzke, "Almost none. What it will do is limit some types of industries that do require major thoroughfares."

Com. Sheets, "This has come up very seldom, but when it does, it has caused somewhat of a problem by rewriting it. It will help those members of TAC."

Com. Burrus, "I understand the proposal was forwarded with a favorable vote from the Plan Commission?"

Com. Sheets moved to approve the ordinance of an amendment to the Thoroughfare Plan on first reading, Com. Evans seconded, motion carried.


Solid Waste Ordinance

Mr. Breitzke, "This doesn't only pertain to landfills, but other material disposal sites and transfer stations. The ordinance passed Plan Commission a couple weeks ago. The only thing our attorney recommended after the passing was suggesting the broadening the zoning from I-3 to I-3 and I-2, which seemed reasonable to me. With that said, I am here for questions."

Com. Burrus, "The intent of the ordinance as written, is to restrict all landfill development and all transfer station development to I-3 and you are saying the recommendation that came about after the drafts, they might be expanded to I-2 as well."

Mr. Breitzke, "Right. I think it would be better to expand the zoning provision and by definition, it is not just restricted to those areas currently I-2 or I-3, but you have the ability to rezone property that recognizes those as the appropriate zoning for that type of purpose."

Com. Burrus, "Is there anyone here who would like to speak on behalf of this proposed changes to the ordinance?"

Debra Dubovich, "I am a resident of Porter County. I live at 275 West 700 South. I am one of the attorneys who have volunteered their time to work with PROUD. The Porter Residents Opposed to Unhealthy Dumps. The PROUD is in favor of the ordinance. I think the consensus of the group, though, is that we believe that landfills, transfer stations, construction demolition disposal sights belong in I-3 districts. That is the most heavily industrialized districts. These type of waste disposal mechanisms generate a lot of traffic, odor, noise, pollution. They have an impact on the area greatly. As the ordinance is written now, it is a very old ordinance based on what happened decades ago when you had city dumps that didn't have all these item requirements and it wasn't a big business. Nowadays, it is a big business and if you have 100, 200, or 300 trucks daily going through an agricultural that is moving towards a residential area, it impacts very negatively and it is a conflicting use. We believe that the ordinance as originally drafted limiting this to I-3, to the most heavily industrial areas, is appropriate and as the prior gentlemen said, if there is an I-2 district that might be appropriate for this use, they can come before this Board and get it rezoned to an I-3. It wouldn't be spot zoning because it was already industrial. We believe that the ordinance, as written, covering not only sanitary landfills, but all types of solid waste disposals, including transfer stations, is very important because it regulates this entire industry and it would help Porter County achieve what it wants to with the preservation of certain lands as agricultural and to improve the quality of life for its citizens. So we urge that the ordinance be passed as originally drafted. Thank you."

Dan Whitten, "I am an attorney and a resident of Porter County. I live at 130 West 200 South in Valparaiso. I am here both as a resident as well as an attorney who has been working along side of my predecessor speaker, Attorney Dubovich, in remonstrance of a proposed landfill in our area down by Boone Grove School. I am here asking that the Commissioners pass this ordinance. We feel that there is a great deal of interest in our county government maintaining the control and the placement of these landfills and these other solid waste disposal sites. Through our remonstrance with PROUD, it has become very obvious that these types of proposed developments have a serious and substantial impact on the surrounding areas. We believe that a landfill or solid waste disposal site can have disastrous impact on the health, safety and morals of the community. I believe that with this type of ordinance, with this type of more controlling placement of these sites, the County will be able to better regulate and maintain the quality of life that we have all come to appreciate and endear so much in Porter County. Certainly, agricultural areas in our County, some are being maintained for agricultural use, some are developing residential, we all know that and recognize that. Both of those uses would be absolutely destroyed if a landfill or disposal site were put in those areas. We would advocate that the placement of these sites, if any way would be in an industrial area, where the impact would be much less, much less felt by our neighbors, and by our fellow residents of Porter County. I say all solid waste sites as defined in the ordinance, that would include transfer stations. It is our thought and opinion that there are secondary effects that you see in landfills that you would also see in transfer stations. These are the traffic, the smell, rodents, and other things you might see in other types of sights. We respectfully ask this Board to consider and pass this ordinance as proposed. Thank you."

Com. Burrus, "Is there anyone else who would to speak for this ordinance or anyone to speak against it?"

Com. Sheets, "As to when we finish the public hearing and start talking about the I-2 versus the I-3, that was in response to our attorney. Our attorney was speaking from a legal point and that is do you write an ordinance that restricts us such that there isn't sufficient places to put it and does that cause us harm. I would like to have Gwenn respond."

Atty. Rinkenberger, "I read Attorney Lily Schaffer's comment about restricting this and I agree and I would have to concur with her comment that to prepare an ordinance and then have no place to put something because I-3 is so restrictive it doesn't make any sense and to expect people to come back to this Board for a rezone, instead of just including I-2, I would recommend that we broaden it to include I-2 and I-3 and instead of going the request for rezone route."

Mr. Breitzke, "The reality we are dealing with could be called exclusionary zoning. It could be contestable, it is just I-3 because we only have one or two example of I-3 that exist in the county today and that was the concern. I encourage you to consider the two so we are in a more defensible position as far as the ordinance is concerned."

Com. Burrus, "Then there is a concern this type of ordinance might be in jeopardy as written."

Com. Sheets, "It would not do us any good to have an ordinance that was so restrictive that we end up in court over the ordinance and it would be thrown out. We don't want to do that. We want to do what is right. You understand where we are going, don't you Dan?"

Atty. Whitten, "I certainly do, Commissioner. I understand the concern about the exclusionary zoning. I have encountered that in cases involving the adult oriented business statutes and ordinances that have been passed, not in this state but in other states, and I think understand the concerns your counsel has, but I don't know that I necessarily disagree, but I don't have the same absolute concern that restricting to I-3 alone would be exclusionary zoning. If it is this Board's decision to make it I-2 and I-3, certainly our concerns about property impact, agriculture and residential use, would be somewhat taken care of and addressed. I am not so sure that I believe that I-3 zoning, since they do have the ability to come in and get a rezone, in other types of ordinances that have passed muster in this state before the Supreme Court, are very restrictive in nature and have survived that, I don't necessarily agree that this would be that as written."

Atty. Dubovich, "I would draw this Board's attention to the counties that have created a special zoning district just for landfills. You have to have a certain zoning district and those ordinances, without any zoning, and this is a whole new thing, not being in the zoning plant, was this zoning district and they withstood court challenges. So, I understand her concern and I understand where she is coming from but I respectfully disagree."

Com. Sheets, "I appreciate those comments. What I am going to suggest to this Board, is that in two weeks, we are going to hear this for second reading, and that on this issue, the I-3 and I-2, I am going to suggest to my fellow Commissioners,

Com. Evans, "I am going to agree with our counsel. I believe I-3 and I-2 both belong in this ordinance. I think the ordinance in Lake County you are referring to is illegal and I wish somebody would challenge it. I think we have to be fair in the process and I-2 and I-3 certainly don't count for a good deal of property in all of Porter County so I think we have to allow it to be fairly (inaudible).

Com. Sheets, "I think we try to provide for the County what is best and I think we are going to do that and there may be some changes based on what we say today and give our attorney a couple weeks."

Atty. Rinkenberger, "I don't really need a couple weeks. I am satisfied with my recommendation to you now and the next meeting it will be I-2 and I-3."

Com. Burrus, "I have a question on that. Will that be I-2 and I-3 for both utilizations, that is for landfills and transfer stations?"

Atty. Rinkenberger, "I think that is Lily Schaffer's recommendation."

Com. Sheets, "Yes, that is in the ordinance. It is inclusive of all of those suggestions."

Com. Evans, "I think that was the Plan Commission's attorney's intent also."

Com. Sheets, "I think we can sit here and debate it, I think we know where we are trying to go, and I think we have a pretty good ordinance. I appreciate what the Plan Commission and the surveyor did to bring this together."

Com. Evans moved to approve the ordinance with the change being I-2 and I-3 on first reading, Com. Sheets seconded, motion carried.

HOUSING AUTHORITY

Atty. Rinkenberger, "You need to re-open the discussion on the Housing Authority. That group that came before us wanting to do a housing survey for us."

Com. Evans, "I think they have the idea we are going to hold a public hearing for them on our next scheduled meeting on the 21st."

Atty. Rinkenberger, "We didn't really take a board action to approve it but they are calling to find out if we are going to have a pubic hearing on this issue. Our thoughts were we maybe wanted to do a little investigation before we proceeded."

Com. Burrus, "Yes. I would suggest we try to determine what the impact of that study might be in terms of the impact on the community with respect to housing, the builders, the insufficiencies that might be addressed in the municipalities as well."

Atty. Rinkenberger, "I think the survey that impacts not just the unincorporated areas, but it applies to every municipality in the County and no municipality has asked for it. Nobody has said we should or should not do it or even knows about it. I was thinking we should rethink this and let them know we are going to do a little investigation until we proceed with a public hearing."

Com. Sheets, "Wasn't there a grant that they were seeking to do this? And I thought our position was we were endorsing the grant to do it."

Atty. Rinkenberger, "Well, it is a grant for them to do a study for us."

Com. Evans, "I think any study like that should be asked for by more than one entity. I think the builders ought to have some input in it."

Com. Sheets, "I think if we are taking a position that we didn't make clear before, then they ought to be notified."

Atty. Rinkenberger, "That is why we have to talk about it. They wanted public hearings, which means they were going to proceed with the study, not just the grant. They had to have public hearings to proceed with the study."

Com. Evans, "According to that contract they gave us, they need two public hearings and I think they are anticipating using our next meeting on the 21st as their first public hearing."

Com. Burrus, "It is my view we should investigate the impact of this and get some more input before we agree to any of those steps outlined."

Com. Evans moved to inform the Housing Authority the Commissioners need more time to investigate before authorizing the study, Com. Sheets seconded, motion carried.


Com. Sheets moved to recess the meeting, Com. Evans seconded, motion carried.

With no further business to conduct the meeting was recessed.

MEETING CALLED BACK TO ORDER

Com. Burrus, "We are reconvening in order to continue to discuss the topic of the Solid Waste Ordinance that was addressed in our earlier session. I think we had a comment from our attorney who had a concern on this document."

Atty. Rinkenberger, "We approved this on first reading to cover I-2 and I-3 and I note that in Section K there is a penalty imposed so approving it on first reading without having a second reading has some concerns for me. However, another concern is a party attempting to circumvent the intent of this Board and the Plan Commission and the ordinance by filing something in the interim before we can have our second reading which would be scheduled for May 21st. So, I suggest this Board consider a moratorium on solid waste applications for the two week period until we get our ordinance into effect so we don't run into a situation where it is unclear which ordinance would apply to the filing."

Com. Evans, "I think we need to be more specific in that we need a moratorium on the filing for landfill and transfer stations specifically."

Com. Evans moved to approve a moratorium on the filing of applications for landfills and transfer stations until the ordinance is passed on second reading, Com. Sheet seconded, motion carried.

Com. Evans moved to recess, 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