PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING

THURSDAY, JUNE 27, 2002

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Thursday, June 27, 2002 in the Commissioners' Chambers of the Administration Center. The meeting was rescheduled from July 2, 2002 due to the holiday.

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

Com. Burrus, "To begin with, if I am not mistaken, every member on this Board has served in the United States military at one time or another. I don't know if that develops a particular strain of patriotism, but I think we feel pretty much the same way. Within the last couple of days, the California Federal Court has decided the clause of "one nation under God" in the Pledge of Allegiance is unconstitutional. It boggles my mind as to how they can find something unconstitutional when in fact, the Constitution is based on that clause. So what I am suggesting this morning, in an act of defiance to that federal court, that we continue with our Pledge of Allegiance and that we do so unchanged so if you join us now, I would appreciate it."

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


APPROVAL OF CLAIMS

Com Sheets moved to approve the claims for July 2, 2002 subject to the publishing of the proper legal notice, Com. Evans seconded, motion carried.


RESOLUTION NO 02-04-COMMENDING ALL KOREAN WAR VETERANS

Com. Burrus, "This resolution will be read at a commemorative ceremony at the Porter
County Fair recognizing veterans, specifically Korean War Veterans. I think it is worth mentioning that one of our regular attendee's here, John Whitcomb, is a Korean War Veteran. John, we appreciate your service as well."

Com. Evans read the following resolution:


RESOLUTION NO. 02-04
COMMENDING ALL KOREAN WAR VETERANS

WHEREAS, the Porter County Board of Commissioners has determined that Korean War veterans from Porter County, Indiana shall be commended for their service to our country; and
WHEREAS, the Porter County Board of Commissioners desires to extend appreciation to all Korean War veterans who served their country in time of war by serving in the military so that others can enjoy the freedoms we currently have; and
WHEREAS, the Porter County Board of Commissioners recognizes that the veterans of the Korean War risked their lives to ensure our liberties and freedoms; and
WHEREAS, the Porter County Board of Commissioners understands that the generation of veterans of the Korean War should be commended for their loyalty and services to the United States of America;

THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Porter County Board of Commissioners that:
The Porter County Board of Commissioners commends the Korean War veterans for the sacrifices they have endured and the loyalty they have shown to their country and fellow man;
Further, the Porter County Board of Commissioners commends the Korean War veterans who served our country so we can enjoy the freedoms and liberties which we currently enjoy; and
Further, the Porter County Board of Commissioners extends its heartfelt sympathy and respect for the Korean War veterans who lost their lives serving our country;

FURTHER WE RESOLVE AND HEREBY HONORABLY COMMEND all Korean War veterans who fought for our country.

Dated this 27th day of June, 2002.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
s\David L. Burrus
s\Larry D. Sheets
s\John A. Evans

Attest:s\Sandra K. Vuko

Com. Sheets moved to adopt Resolution 02-04, Com. Evans seconded, motion carried.


AWARD BIDS FOR WIRELESS NETWORK UPGRADE
Sharon Lippens, Data Processing Director

Ms. Lippens, "We have reviewed all the bids and a review committee was established in Data Processing. We went over all the bids in detail and I would like to recommend Midway Electronics as the most responsive and responsible bidder. I would recommend we enter into contract negotiations with them as soon as possible."

Com. Burrus, "How many bids did you have, Sharon?"

Ms. Lippens, "Six."

Com. Sheets, "Were they the lowest bidder and what was the amount?"

Ms. Lippens, "They were not the lowest. Their amount was $88,802.00. There was one other bidder at $87, 229.95 so there is a difference of $1,572.05. I did not feel that the other bidder that was slightly lower really responded to the bid with the detailed information that we needed to insure that this project would be completed as it was outlined in the bid."

Com. Sheets, "Then that would put them in the category of not being the most responsive and responsible bidder."

Com. Evans, "I am anxious to see this project get going."

Com. Burrus, "This equipment and this service we are awarding today, is a critical component in improvements to our wireless connection with the North County facility and it is to overcome an interference problem that is causing a great deal of delay in communications, particularly with the Clerk's office."

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

Ms. Lippens, "Hopefully we will have a contract for your approval at the next Commissioners' meeting."

ORDINANCE AMENDING 01-08-1ST READING
Sheriff David Reynolds

Atty. Rinkenberger, "Some time ago, we passed Ordinance No., 01-08, addressing how the $1.3 million that we got as a signing bonus could be expended and since the Sheriff came forward at our last meeting and discussed that a specific amount be designated from that fund for salaries for additional jailers, we needed to amend Section 3.18.020 Use of Funds in that ordinance. The amendment provides that the one exception set forth herein is that funds received and deposited in the Federal Intergovernmental Cooperative Agreement Fund may be used by the Porter County Sheriff for the payment of salaries for additional jailers to staff the new Porter County Jail. The Porter County Sheriff may make no more than one (1) request for no more than $200,000.00 from the fund and then it agrees to reimburse that amount from monies collected."

Sheriff, "I think it is pretty straightforward and we discussed it last time. As you know, the County Council finally approved the positions that were requested that you basically approved the monies for. I think everything has fallen into place."

Com. Burrus, "This is simply a follow up on a decision reached at our last meeting formalizing the approval and I think it is relatively routine at this time."

Com. Sheets, "Have you had any conversation with the U.S. Marshall concerning Council member Martin's comment about the December date?"

Sheriff, "Yes. At the Council meeting, I did inform the Council members regarding that comment by Karen Martin and then I have an email from Washington, D.C. I will get something more formal in the next couple of weeks. They have extended our reassessment date to December of 2003. So we will receive the $40.00 per day per inmate until December of 2003 at the earliest."

Com. Burrus, "At that point in time we have the privilege of calculating what our actual costs are and we can go forward with them with an update if necessary which could increase."

Sheriff, "It could go either way. But one thing that is certain is that they are going to basically pay us for what our expenses are. So whatever those expenses are, it is what it is. One thing for certain is they are not going to pay us less than what our expenses are."

Com. Burrus, "Well, the important thing I think, is the fact they have allowed us to have at least a year's operating history in our hands before we go back in and try to re-negotiate."

Sheriff, "Yes, they were very cooperative."

Com. Evans, "What is the possibility of doing the same thing with Indiana State DOC?"

Sheriff, "That is governed by the legislature and they are in the process of trying to reassess that. There are committees working on it and that is probably not going to be as easy thing to do, but they are attempting to do that. The problem with the state is they just have a flat fee for everyone except for Marion County. For some reason, Marion County gets more money, but every other county gets $35.00 per day. But that is a good point. I would like to take the opportunity to thank you as the governing body that has been very supportive of the Sheriff's Department in not only the construction, but the operational part. The numbers you put together in relationship to mine speaks for itself of what the expenses are. You took the time to do that and I appreciate that. It shows you that County Government can work real well together if they cooperate."

Com. Burrus, "The exercise of putting these numbers together will probably be an annual event so we can address this for re-evaluation. Thank you for laying the ground work."

Com. Sheets moved to approve to amend Ordinance No. 01-08 on first reading, Com. Evans seconded, motion carried.

Com. Evans, "When do you think you will move in?"

Sheriff, "I really can't tell you, but we are looking at the first part of August."

Com. Burrus, "One more thing, Dave, that this Board is concerned about is the availability of the old jail. We do have a process in place and we are waiting the release time to initiate that process to sell that building. We really could use a finalized time."

Sheriff, "I certainly understand that. As soon as we move out, we have already made arrangements to start cleaning that building from the top to the bottom."

Com. Sheets, "I missed the opening ceremony but I understand it went well. I thought the most interesting comments came from those people that are inmates. Not that they want to be there, but they said it is a lot cleaner and nicer. I am not sure that it is good to have a jail they are complimenting. Anyway, thank you."


REQUEST TO PURCHASE PROPERTY-INDOT ACQUISITION, HIGHWAY 6 & MERIDIAN ROAD

Com. Burrus, "This is a request from INDOT to purchase a parcel of land owned by the County on Highway 6 near Meridian Road. It is for the purpose of right of way expansion for the Highway 6 improvement project."

Com. Evans, "It is a right of way at 5871 US Highway 6 along parcel 83 and 83A-project STP212-1(16) land acquisition, the offer to purchase from the State of Indiana for the sum of $62,140.00.

Com. Evans moved to accept the offer to purchase, Com. Sheets seconded, motion carried.


COMMISSIONERS' REPORTS

North District: John Evans

1. Road Agreement for Liberty Minor Subdivision #1521-A-1, located on the east side of CR 75 West between CR 850 North and CR 900 North. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are Larry D. Wright, Christine Wright, Donald L. Coker, and Marilyn Coker.

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

South District: David Burrus

1. Indiana Department of Transportation Report of Contract Final Inspection and
Recommendation for Acceptance for Dunn's Bridge. This form is part of the final construction record for this project. Recommend approval.

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


CORRESPONDENCE

Clerk's monthly report for May 2002 on file.
Weights and Measures monthly report for June 2002 on file.
Weights and Measures annual report from June 16 2001 through June 15 2002 on file.

Request by Valparaiso Community Festivals and Events

Com. Burrus, "This is for the temporary closure of Indiana State Highway 130 within the city limits of Valparaiso and the impact of that would be the official detour route would go down County Road 250 West during the Popcorn Festival."

Com. Sheets, "This is an annual event, from 18 to 20 years, and they just want to make sure we have this agreement signed. Evidently the attorneys have approved it."

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

Request to transfer funds-Commissioners

Fund 01.30$277.50from acct 3320 legal notices
into acct 3950contractual services

To pay the 2nd installment for 2002 to Harris Bank for energy savings loan which is initiated through the Johnson Controls contract.

Fund 01.30$225.12from acct 2350building maintenance
into acct 2310tires and tubes

To pay for tire and rim repair on the maintenance truck.

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

Com. Sheets, "Wasn't that coming out of our CCD, out of contractual? The Harris Bank loan?"

Linda Walker, "The Harris Bank loan comes out of the general fund."

Request for additional appropriations-Commissioners

Fund 01.30$96,000.00into acct 3440Unemployment

Com. Burrus, "As I presented to the Council on Tuesday, due to the reduction in force that occurred earlier this year as part of our budget cutting process, one of the downside of that is that our unemployment benefits have increased significantly and hopefully just for a short period of time. We are self insured, we are not part of the state's unemployment insurance program. The amount necessary in our projection for the end of the year is $96,000.00."

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


PORTER MEMORIAL HOSPITAL BOARD RE-APPOINTMENT-JOHN RHAME

Com. Burrus, "We have an additional item to be addressed that has to do with the recommendation from the Porter Memorial Hospital Board to fill an expiring term of Hospital Board President John Rhame. The hospital has given us three names as required. They have included Mr. Al Meyer who is an attorney, and Mr. Tom Berendt who is a business owner. We have reviewed the submittals and the personal background resumes that accompanied them. Any discussion?"

Com. Evans, "John Rhame's excellent leadership and tenure on that board has been very valuable, especially in light of the situation that occurred in the last couple years. He has given great insight and leadership and I think he will continue to do so."

Com. Evans moved to reappoint John Rhame to the Porter Memorial Hospital Board, Com. Sheets seconded,

Com. Burrus, "This Board has agreed unanimously with the Hospital Board in the fact that we feel that it should be expanded from 7 members to 9 members. In discussing some of the qualifications of the other individuals here with hospital CEO Ron Winger, it is our understanding that they will be taking steps some time in the next couple of months to initiate the expansion. It was our specific request that any individual who was included in the recommendation, that they remain available for consideration for any expansion that would occur. Not only from this submission of nominees but also from last year's nominees. We had some excellent candidates from then as well. So with that in mind, I think this Board wants to see the expansion occur and we want to see the inclusion of additional outside talent that would be very valuable. Not only by numbers, but also from skills and abilities to compliment that Board."

Com. Evans, "I think the addition of two more people would be a definite asset to the Hospital Board. Those people do a lot of work and they are not compensated nearly what they should be. This will help share the load if they could get two more members on that. At the Estes Park Conference that I attended a couple years ago, my question to those people that were putting on the seminar, was what is the ideal board size and all of them indicated between 9 and 11. I think our hospital should be in the average."

Motion carried.

Com. Burrus, "Since we are combining two sessions in one today, the next item of business will be a Plan Commission issue on behalf of Carmen Good."


PLAN COMMISSION-REZONE, RR TO R2-CARMEN GOOD BUILDERS 1ST READING

Steve Nigro, "This is an amendment to the Porter County Master Plan in the form of a rezone for about a 2 ½ acre parcel of land from its current zoning classification of RR to R2, which is a two family housing residential zoning. The Commitments are only holding Mr. Good to only putting one duplex on this 2 ½ acre parcel. It was approved at the Plan Commission meeting on the 12th of this month with a vote of 8-0."

Com. Burrus, "Can you give us a general location?"

Mr. Good, "Yes. It is on 150 East, and it is in Pleasant Township and Baum's Bridge Road would be the next road over. When I bought the property, the Petersons would not sell the property until last year, she called me and wanted it sold. I had to purchase it because I didn't know what they were going to do with it, they had plans for mobile homes. I bought it and it was too late to incorporate within the subdivision. This has now been rezoned to R1, it was RR. The property has a lot of trees around it. The Peterson's had put trees completely around the property. There are four rows of evergreen trees that surround the property. There are some other evergreens at the front. I thought to incorporate it with the rest of the property, I would put one duplex on it and it would conform to the rest of the housing that will be going in there. They are all going to be around $150,000.00 to $170,000.00. The duplex will be for sale, we are going to sell each side, it is not for investment purposes. That is the general idea. There are 83 acres that surround this 2 ½ acres."

Com. Sheets, "Yes. We were unanimous on the vote. We don't have many duplexes out in unincorporated Porter County and I told Mr. Good I was in favor of it, but normally we rely on the Commissioners' whose district it lies in."

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


OPINION ON NAME OF ROAD IN FRONT OF NEW PORTER COUNTY JAIL-
Bertholet Drive

Com. Burrus, "Before we recess, I would like to make one other comment. Because it coincides with an editorial the Times had in their paper this morning. It is rather coincidental but I was having the same thoughts. It has to do with the name of the street that runs in front of the new jail and the way the name was derived and so forth; through a developer authorizing his first buyer of a lot to determine what the name should be. The name is in fact, Bertholet Drive, and they are involved in the bail bond business. I certainly understand their prerogative to build right next door to the jail for their own convenience. I do have a problem with our jail having an address on a street with the same name that would tend to suggest there might be some connection between our facility and the bail bond facility. My own personal opinion is I think that name is improper. I would support the view the Times had in their editorial."

Com. Evans, "I concur."

Com. Sheets, "Well, that is up to the developer and the city, but I think for us to express our view on it is proper. That may be as far as it goes."

Com. Burrus, "That is correct. It is their prerogative, though and we respect that."

Com. Evans, "I would like to formally request that they revisit that issue and change the name."

Com. Burrus, "I can certainly support that."

Com. Sheets, "I don't have a problem with asking them."

Com. Evans moved to approve asking the City of Valparaiso to consider re-naming the street in front of the new Porter County Jail, Com. Sheets seconded, motion carried.


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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor