PORTER COUNTY BOARD OF COMMISSIONERSREGULAR MEETING
TUESDAY, AUGUST 6, 2002

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, August 6, 2002 in the Commissioners' Chambers of the Administration Center.

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

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

APPROVAL OF PAYROLL

Com Sheets moved to approve the payroll of July 29th, 2002, Com. Evans seconded, motion carried.

APPROVAL OF CLAIMS

Com. Sheets moved to approve the claims for August 6, 2002, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

Com. Sheets moved to approve the minutes of June 27, 2002, and July 16, 2002, Com. Evans seconded, motion carried.

LOCAL LAW ENFORCEMENT BLOCK GRANT
Bud Gootee, Sheriff's Department

Mr. Gootee, "Good morning. This is an annual thing and for the most part we are able to get local law enforcement block grant money from the Department of Justice based on our uniform crime report statistics. Then there is also a formula by which they tell us how much we get. The amount we were granted or are eligible to receive this year is $17,008.00 from which we have to match 1/9th or $1,890.00. We have that money in our technology fund for matching grants purposes. We are specifically wanting to use that money for a couple of projects. We have been getting deluged for requests for video tapes and such from the courts when we are doing, for example, a DUI, where we videotape that actual Breathalyzer test. It is not in digital so we want to digitize that so we can find that quicker than trying to look over a 24 hour period trying to find that particular one. They are working on the possibility of archiving the analog tape to a digital type tape. Then whatever else we have left over, we want to buy more MDT, (multi data terminal) licenses and modems. They are real expensive and it would be a good use for that money. The whole purpose of this is we have to have a public hearing and we thought this was a great forum and it gives anybody a chance to remonstrate."

Com. Evans, "What was the amount of the grant last year?"

Mr. Gootee, "A little more, about $21,000.00 last year. I think 9/11 had a lot to do with some of this paring down. We had other grants that trickled down less than last year."

Com. Sheets, "I know this is an annual event and I want to thank you for coming in."

Com. Burrus, "Inasmuch as this is sufficing as a public hearing, are there any comments from the audience about how the grant is being utilized? There is none."

RECEIVE BIDS FOR SALT FOR HIGHWAY DEPARTMENT
Jack Jarnecke, Superintendent of Highways

Com. Sheets, "I have five bids for road salt and they are as follows:"
Bulk de-icing sodium chloride (salt) for 2000 tons:

Central Salt- (there was no bid in the package)
Detroit Salt Company-$39.70 per ton
Cargill$43.83 per ton
Morton Salt:$31.85 per ton
North American Salt Co.$33.19 per ton

Com. Burrus, "These are all of the bids. Jack, I assume you will take those under advisement. Just for reference, last year our prices came in at $51.80 per ton and the year prior it was around $31.00 per ton. So this is good news that the price is going back down to a more typical amount. When do you want to come back with the bid selection?"

Jack Jarnecke, "I will be back here at 1:30 today."

ORDINANCE CREATING FUND FOR HOUSING OF FEDERAL PRISONERS—
2ND READING

Com. Burrus, "Any comment on this ordinance that creates a fund for the housing of federal prisoners? This ordinance provides for a fund to be established to receive the proceeds of the $40.00 per day for housing federal prisoners. This has been done at the request of both the auditor and this Board as a mechanism for tracking and administrating the expenses out of this source of revenue. I understand there are no necessary changes to this? Sandy, just for your information, the language Dave Hollenbeck had requested in that ordinance is in there."

ORDINANCE NO. 02-15
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT
OF MONEY FOR HOUSING FEDERAL PRISONERS IN THE
PORTER COUNTY JAIL
________________________________________________________________________
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, I.C. 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, on February 6, 2001, the Porter County Board of Commissioners approved an agreement with the United States Department of Justice, United States Marshall Service, (hereinafter referred to as USMS) entitled Intergovernmental Service Agreement Housing of Federal Prisoners; and
WHEREAS, the USMS is authorized to enter into Intergovernmental Service Agreements for Housing of Federal Prisoners with local entities to establish satisfactory conditions of confinement and detention services in return for guaranteed bed space for federal detainees as authorized in 18 USC § 4013(a)(4); and
WHEREAS, the purpose of the Intergovernmental Service Agreement for Housing Federal Prisoners is to establish a legal relationship between the USMS and the Porter County Board of Commissioners for procurement of detention space for federal prisoners in the new Porter County Jail; and
WHEREAS, such Intergovernmental Service Agreement for Housing Federal Prisoners was entered into between the Porter County Board of Commissioners and the USMS; and
WHEREAS, pursuant to the Intergovernmental Service Agreement for Housing Federal Prisoners, Porter County will receive Forty Dollars ($40.00) as a temporary per diem rate for each federal prisoner housed in exchange for housing, safekeeping and subsistence of federal prisoners, including guard\transportation services to medical facility and U.S. Courthouse in accordance with the contents of the Intergovernmental Service Agreement; and
WHEREAS, pursuant to a separate agreement executed between the Porter County Board of Commissioners and the Porter County Sheriff, Porter County has agreed to take up to 80 federal prisoners pursuant to the Intergovernmental Service Agreement for Housing Federal Prisoners; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of proceeds received as a result of the execution of the Intergovernmental Service Agreement for Housing Federal Prisoners; and
WHEREAS, the Porter County Board of Commissioners has determined that it is in the best interest of county government that the money derived from the housing of federal prisoners pursuant to this ordinance be deposited in said special fund to be utilized for expenses incurred for operation and maintenance of the new Porter County Jail as more specifically set forth in this ordinance.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code is hereby amended through the addition of Chapter 3.38 entitled Housing of Federal Prisoners Fund;
2.That Section 3.38.010 is added to the Porter County Municipal Code to read
as follows:
3.38.010 Housing of Federal Prisoners Fund is established
A housing of federal prisoners fund is established whereby all money received pursuant to this ordinance and as a result of the execution of the Intergovernmental Service Agreement for Housing of Federal Prisoners in the amount of Forty Dollars ($40.00) per diem rate shall be deposited into said special fund. Said fund is hereby entitled the Housing of Federal Prisoners Fund and shall be subject to appropriation by the Porter County Council.
3. That Section 3.38.020 Use of Revenues is added to the Porter County Municipal Code to read as follows:
3.38.020Use of revenues
The proceeds received and deposited in the Housing of Federal Prisoners Fund can only be used for the specific purposes set forth in this ordinance. The funds deposited in the Housing of Federal Prisoner Fund shall be utilized by the Porter County Board of Commissioners to pay for Facility Costs; (including but not limited to the cost for utilities; maintenance contracts; parts and supplies; maintenance labor; custodial labor; and lawn and snow removal); Employee Benefits Costs for jail employees; and Insurance Costs associated with the facility; (including but not limited to building/fire, personal property; E-911 equipment; and personal liability).
The funds deposited in the Housing of Federal Prisoner Fund shall be also utilized by the Porter County Sheriff to pay for Estimated Daily Prisoner Costs; (including but not limited to food expenses; medical expenses; household and bedding expenses; and miscellaneous expenses including equipment; office supplies, etc.); and Salaries for jailers.
The estimated costs for the Porter County Board of Commissioners as of August 2002, for facility costs, employee benefits and insurance totals approximately $16.50 per bed per day and the total cost for daily prisoner expenses as of July, 2002, for expenditure on behalf of the Porter County Sheriff is $17.14. The above referenced expenditures are hereby subject to annual re-evaluation through agreement between the Porter County Board of Commissioners and the Porter County Sheriff. Said annual re-evaluation shall occur on or before June 1st of each calendar year.
Any monies deposited in said Housing of Federal Prisoner Fund in excess of the amounts needed by the Porter County Board of Commissioners and the Porter County Sheriff for the expenses set forth above, shall be expended at the discretion of the Porter County Sheriff for general jail operational expenses.
3.That Section 3.38.030 is added to the Porter County Municipal to read as
follows:
3.38.030 Termination of funds\transfer of funds
The Housing of Federal Prisoner Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Board of Commissioners and if and when a subsequent ordinance is passed to terminate the life of the Housing of Federal Prisoners Fund, the fund balance existing and not otherwise provided for by ordinance, if any at that time, shall be transferred to the County General Fund upon approval by the USMS.

This Ordinance passed and adopted the 6th day of August, 2002.

BOARD OF COMMISSIONERS
Porter County, Indiana
S\David L. Burrus
S\Larry D. Sheets
S\John A. Evans
Attest:\Sandra K. Vuko, Auditor

Com. Sheets moved to approve Ordinance No. 02-15, Com. Evans seconded, motion carried.

Com. Burrus, "In conjunction with or I guess we had a prior ordinance to allow the sheriff to borrow $200,000.00 from the signing bonus fund identified as Fund No. 198. This is going to require a letter of authorization from this Board to make the transfer. If there are no oppositions to that letter, I will entertain a motion."

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

RESOLUTION TRANSFERRING REAL PROPERTY BETWEEN PORTER COUNTY AND THE PORTAGE REDEVELOPMENT COMMISSION

Com. Burrus, "As most of you know, there is a parcel of land adjacent to the North County Complex that fronts on Highway 6 that the Portage Redevelopment Commission has been interested in purchasing. We have reached an agreement on that sale and we have some documentation that needs to be taken care of today."

Atty. Rinkenberger, "It was necessary for both bodies to pass identical resolutions and it is my understanding that the Portage Redevelopment Commission passed a resolution identical to the one that is before you indicating that we are going to do an exchange of property pursuant to IC 36-1-11-8 with the Redevelopment Commission. The property was appraised and attached to that resolution is a contract for purchase of real estate. What we need to do is approve our resolution indicating that it is in exchange for the appraised value minus the value of the replacement of the road that is being put in so the purchase is going to be for $190,000.00. I have looked at the contract for purchase of real estate and I do not have the executed documentation from the Portage Redevelopment Commission. I would like to have a copy of their signed resolution, a copy of a purchase contract signed by them. There is some language I would like to see modified in the contract to purchase real estate. So at this point in time, I would ask for a motion to approve Resolution No. 02-05 and a motion to approve the contract for purchase of real estate subject to final approval of the documents by the County Attorney and subject to receipt of the executed documents from the Portage Redevelopment Commission."

Com. Evans moved to approve and to note the purchase price should be $225,000.00 less the cost of the road, the total amount of property involved is 5.2 acres, Com. Sheets seconded, motion carried.

OMNI CARE PHARMACY CONTRACT FOR NEW PORTER COUNTY JAIL
David Lain, Chief Deputy
Diane O'Connor, Medical Director, Porter County Jail
Mike Mahaffey, Care Pharmacy representative

Chief Lain, "With me this morning is our Medical Director, Diane O'Connor, and Mike Mahaffey, who is the representative of Care Pharmacy. We are hoping to have some preliminary acknowledgment to move ahead with an agreement with Care Pharmacy so we can improve the pharmaceutical services to the inmates and also end up with a cost savings every month. It is a fairly expensive proposition in the jail. Our medical director could probably speak more specifically in that regard. We feel that Care Pharmacy probably offers the County the best list of services and the most economic way of entertaining those."

Com. Evans, "When you have an inmate in the jail that is on prescription medicine that arrives there, and say they are diabetic or on heart medication, who stands that expense, is it the County?"

Ms. O'Connor, "We initially expect to handle all that expense. It is deferred somewhat by the co-pay ordinance where there is a possibility of a $15.00 co-pay charge for the nurse assessment, the physician assessment, and/or the medication and any other as it is stated in the co-pay ordinance. Statistically, because it is just myself and another nurse right now, I can't give you all the stats but I ball parked our return co-pay at about less than 50% because of the way the system is."

Com. Evans, "So if the inmate is on a maintenance drug that is prescribed by his physician before he arrives at your facility, after a period of time, when is the re-evaluation and by whom, is it his own personal physician or by the doctor at the jail?"

Ms. O'Connor, "There are several ways we do it. If the need of the inmate is best met by their own physician, I keep in contact with that physician, otherwise there is a follow up with the physician we have at the jail, Dr. Back, and I will have them be seen by him and then we will follow through on that medication or he will review what they are on and talk about possibly switching them to something that can meet their needs in about the same way in a more economical fashion. Our biggest cost is in the psycho-tropic medications. As we all know, they are really extensive and my biggest issue since I came back in April was the inventory control cost accountability and the liability for the County with a very loose system of medication."

Chief Lain, "If they are prescribed medications within the county jail, the County has to pick up those costs."

Com. Burrus, "Even if the maintenance levels were in place before they got here?"

Ms. O'Connor, "Once they are our inmate, we are responsible to give them reasonable care and that includes their medications, unless we can bill Medicaid, which sometimes we can. That runs out after a certain period of time. There are some third party insurers which are willing to bill their third party insurers. They are willing to give us Medicaid pricing and the big item for me is, right now in our packaging system that we have. Once our package is opened up and we have a big revolving door issue, the inmates are in, they're out, they are back in. Once our package system is opened up and one pill out of that thirty pack is used, we cannot get credit for it. We want to go to a unit dosing. They are in individual foil packs and nobody has touched it. Someone comes in on Monday and they get a thirty day supply of a medication and maybe they bond out by Friday, and we didn't know they could, those are put back into a closet and kept and they cannot be used again because they have been opened."

Chief Lain, "That is an advantage to changing the system is that we will be able to get reimbursed for the drugs that aren't used."

Ms. O'Connor, "The biggest advantage is that we will get credit for all the unused medication and there is a lot of it just by the system we are in. As you all know, in a prison system, everybody stays longer. One time, a psycho-tropic drug was not available to an inmate and it was withheld and the person incurred a pretty significant medical problem and had to go to the ER because the medication was not available and not given. The other advantage besides the cost is the fact that when we go from about 220 inmates now and 40 to 80 federal prisoners, the system has to be tighter. We are laid wide open for liability the way we are now."

Com. Burrus, "Whose responsibility is this exactly?"

Ms. O'Connor, "Both Medical Services and me, as the director of Medical Services. I have to be accountable for every medication they have and every documentation of medication, how much it costs. Right now we are okay with a lot of the psycho-tropics because we don't have a psychiatrist and even though that is a big need, it would create a whole new $6,000.00 potential per month cost. There is another nearby county that spends that much on psych medication because they have a psychiatrist that comes 3 times a week."

Chief Lain, "What we are looking to accomplish is the go ahead to have the County Attorney review the agreement that the County would enter into and it is essentially non-binding, it can be canceled for any reason with a 30 day notice. Mr. Mahaffey could probably explain that process."

Atty. Rinkenberger, "I have been reviewing it as we go but I haven't reviewed it in detail. I have reviewed it enough to know there are clauses that I have problems with. Such as late charges, invoicing, etc."

Chief Lain, "Yes, we have already discussed that with Mr. Mahaffey."

Mr. Mahaffey, "Care Pharmacy services a lot of local county jails, including Lake County, St. Joe, and several others. We have been doing it for quite some time and what we do is, we service a little over 730,000 inmates, residents of long term care. We are the largest institutional pharmacy. We try to give a little cost savings back to the counties and how we do that is we basically offer a plan where if Medicaid is paying for those medications, we can pass those savings on to the jail itself. One of the points made earlier on chronic needs is correct. If a physician or medical director discontinue a medication they can send that medication back and get credit for it. Another way is let's say if they leave, you can send that medication back and get credit for it. If you had 15 days supply over, we all can't take our medication back and get credit, but because of the packaging that we have, the state will allow us to do that."

Com. Evans, "Are the doses individual packages?"

Mr. Mahaffey, "That is correct. It actually comes from the manufacturer and it is sealed. It has the highest seal in the country and what happens is, we will take those back, and they are perforated and each one is individually labeled and dated for expiration. We are able to take those back and reuse it since we have the name of the medication and the expiration date."

Atty. Rinkenberger, "I notice there are two different agreements. There is the pharmacy consultant agreement and a pharmacy service agreement. The consultant agreement says that there is a charge for $55.00 per hour for consulting services. That is paid out of what fund and what type of consulting services?"

Ms. O'Connor, "I had an issue with that, too and that is optional. We do not have to include that in the agreement."

Mr. Mahaffey, "As state regulations are changing, we are now finding that all institutions that are dispensing medications have a consultant pharmacist to review not only the expiration dates but to make sure everything is current, and that the strengths haven't changed. Also, with all the narcotics and psycho tropics that are utilized inside the jail, we are going to be able to provide these reports back to the medical director. Those are state mandates that will be coming down the pike that all of us have become aware of. Those are some of the duties. The consulting for an institution such as this, would require about an hour and a half of consultant work at the jail itself."

Atty. Rinkenberger, "An hour and an half a week, a year, or what?"

Mr. Mahaffey, "Maybe not at all. It just depends on when they need us. You will only be billed obviously for that time in the facility."

Atty. Rinkenberger, "That would be at the request of our jail staff? Then the pharmacy consultant agreement is something that may be not be utilized or used very little?"

Ms. O'Connor, "I would hope not to have to utilize it. Because we have a nurse consultant that comes with the package. Comes in, orients everyone, and sets it up and stays there as a trainer. Then I would be a trainer after she trained the main nurses to the system."

Mr. Mahaffey, "Most of the jails we service now, they might have a consultant come out once a quarter. That consultant is also going to be able to help the medical director with cost reduction. So if the medical director is prescribing high priced medications, the consultant can guide him on other medications with a lower cost."

Ms. O'Connor, "A good example is if your doctor prescribes you Prevacid or Nexium, and say the jail physician would order that for an inmate, we would say no, that is not the formulary, you have to go with Pepcid, it is much cheaper. That is how we want to do it by going with the generic medication. That is how most people want to do it when they are buying it for themselves."

Mr. Mahaffey, "It could be compared to $2,000.00 savings on medications."

Com. Burrus, "Your last paragraph on the front page here, indicates that your firm can bill the federal marshal directly. Are we able to do that now?"

Chief Lain, "We do get a charge back for medical costs through the state."

Com. Burrus, "So this will be direct billing and you won't have to worry about those types of reimbursements. Looks like from an administrative view, it will be a lot more streamlined."

Ms. O'Connor, "We have talked to and reviewed two other Porter County offers that in my mind, you want to try and stay local, but we are getting so big and need controls are a big issue for us and I don't see how we can be provided with those controls with the other two offers."

Chief Lain, "Well, Care Pharmacy has the experience level that we feel is going to be the most advantageous."

Atty. Rinkenberger, "Care Pharmacy changes billing dates and its late charges?"

Mr. Mahaffey, "We can work something out. Those are our standard contracts and those were the same arrangements, nothing has been changed and all other local county jails have signed it. I am more than willing to initial off and date it for all those changes. We are going to provide new medication carts and treatment carts."

Com. Evans, "Are you going to use the Pixes's system?"

Ms. O'Connor, "No, we won't be able to use the Pixes's system here because of the type of facility we are not. It wouldn't work for the correction system. The accountability and the inventory control is something that is isn't happening like I need it to happen right now. You have to physically see it, but I think you can all imagine my big worry here about the loss of money to us. It is not going to be 100% perfect, but I hope to cut it way back. And the liability issue is huge. The other thing is, I went out on Sunday morning and bought two bottles of insulin for $60.00 for someone because I could not get it from the present provider because they were closed. So I have to get my $60.00 back yet."

Mr. Mahaffey, "We are going to be doing deliveries if needed, Monday through Saturday, also on Sundays, so it is 24/7. All the pharmacists are not just on call, they are actually physically at the facility, Monday through Friday, holidays and weekends, too. So if her staff needs an issue and it is 3:00 in the morning, they will get a pharmacist at 3:00 in the morning."

Com. Evans moved to approve the contract with Care Pharmacy contingent upon the County Attorney's review, Com. Sheets seconded, motion carried.

AGREEMENT TO PROVIDE ACCESS TO PUBLIC INFORMATION
Sharon Lippens, Data Processing Director

Ms. Lippens, "This is an agreement to provide access to public information. Right now we have five title companies that are signed up for this. This is an additional mortgage/title company that requested access and based on the Indiana Code for being able to charge for access, we have to have a written agreement. That is the same contract that all the other ones have signed throughout the last few years. They already made their initial check payment and I have trained them, so it is just a formality."

Com. Burrus, "This is just an additional subscriber?"

Ms. Lippens, "Exactly. This is able to be canceled at any time by either party."

Com. Sheets, "If we ever have GIS, would this make it possible for these people to tap into that?"

Ms. Lippens, "If the County wanted to charge for access, they could through this agreement because it provides for future additions, but if the County decided not to charge for it and say just put it on the Internet, they could do that too."

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

Com. Evans, "How are we doing with our communications?"

Ms. Lippens, "Pretty good. They ordered the equipment on July 24th, they said it was 3 to 4 week lead time, so we are looking at the end of August and then just a few days for installation."

CORRESPONDENCE

Veterans Service Officer monthly report for July 2002 on file.
Clerk's monthly report for June, 2002 on file.
Weights and Measures monthly report for March 2002 on file.

Accept late enrollee to Porter County Employee Benefit Plan

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

County Animal Shelter services contract with Chesterton

Com. Evans moved to approve the contract with the Town of Chesterton for the year 2003 in the amount of $5,750.00 payable quarterly, Com. Evans seconded, motion carried.

Com. Evans, "The Town of Chesterton has already approved this and it is the same contract
that we enter into with the other municipalities to respond if they have a problem."

Approve Commissioners' budget for 2003

Com. Evans moved to approve the Commissioners' budget for 2003 in the amount of $12,186,747.00 out of the General Fund and a CCD budget in the amount of $1,318,610.00, being subject to final approval by the County Council, Com. Sheets seconded, motion carried.

Bereavement leave-Anna Arocho, maintenance dept.

Com. Burrus, "Are you familiar with any circumstances here?"

Com. Sheets, "Yes, she had to go to Puerto Rico and I think this is one of the portions of our
personnel policy handbook that we need to revisit. Not based on this, but some time in the future.

Com. Burrus, "Yes, we need to review the policy on these situations."

Com. Sheets moved to approve seven additional days of bereavement leave for maintenance employee Anna Arocho due to the death of her mother, Com. Evans seconded, motion carried.
Transfer funds-Commissioners

Fund 01.30$62.22from acct 3970Memorial Day Expenses
into acct 3930Dues and Subscriptions
$ 9.88from acct 3320Legal Notices
into acct 3930Dues and Subscriptions

to pay for newspaper subscriptions for the remainder of the year.

Request for appropriation-Highway Dept.

Fund 25 $ 6,958.28acct 9323Boone Twp 320W 700 S
11,634.92acct 9327Pleasant Twp 325E 1125S
11,997.92acct 9329Porter Twp 50W 450S
8,727.78acct 9332Pleasant Twp 400E 700 S
9,052.12acct 9339Washington Twp 150N 550E
8,822.28acct 9340Morgan Twp 490S 150E
16,640.56acct 9358Center Twp 10W 175N
18,083.42acct 9363Boone Twp 780S 50W
10,090.08acct 9409Portage Twp 591W 1050N
33,062.16acct 9410Union Twp 375w 500N
11,790.42acct 9411Westchester Twp 70w 1300N
10,103.96acct 9412Washington Twp 340E 400N
7,474.78acct 9413Boone/Pleasant 640 S. Smoke
10,543.92acct 9414Boone/Pleasant 745 S. Smoke
2,610.14acct 9415Jackson/Wash. 500E 600N
4,330.14acct 9416Morgan Twp 230E 400S
12,266.18acct 9417Westchester Twp 155 W 1200N
12,503.88acct 9418Pleasant Twp 50e 1100S
4,330.14acct 9419Morgan Twp 425e 500S
9,656.04acct 9420Jackson Twp 850N 300E
4,330.14acct 9421Morgan/Pleasant 385E 600S
37,899.84acct 9422Morgan Twp 400E 100S
24,010.56acct 9423Jackson Twp 935N 250E
14,269.76acct 9424Pleasant Twp 1500S 500E
21,594.81acct 9425Westchester Twp 145E 1100N
9,333.47acct 9426Jackson Twp 300E 850N

Bridges in need of repair.

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

Fund 02 $ 3,000.00 acct 2360.191Stone
19,500.00 acct 2362.191Bituminous
20,000.00 acct 3650Vehicle Repair
6,000.00 acct 3950Contractual Services

Road construction, vehicle repairs and contractual expenses.

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

COMMISSIONERS' REPORTS

North District: John Evans

1.Road Agreement for Jackson minor subdivision number 2524-A-1 located on the North side of County Road 725 N between CR 400 E and CR 500 E. Offer to contribute $750.00 per lot for a total of $750.00. Owner and subdivider is Frederick R. Meyer.

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

2.Request from the Bridge Fund for the CSX Bridge on CR 50 W just north of CR 900 N for $275,000.00. This has been talked about for a year and now CSX wants to replace the bridge and wants to build it back in the same shape it is, which does not meet our guidelines. The appropriation I am asking for would make the road size 28 feet as is our normal road size in this area. The worse case here is that we would use all $275,000.00. We are still going to pursue getting CSX to lower this cost or share in the work much needed.

Com. Burrus, "This bridge is located behind the Liberty Township Fire Department and the road passes under the CSX railroad. It is single lane and not lined up to the road."

Com. Evans, "Right. This is the worse case scenario if indeed the railroad tells us they are not going to do anything. We cannot permit this to occur. To my knowledge, there is only one other bridge like this left in the County and that is on Samuelson Road in Portage that has this configuration that only one vehicle can pass, the height is restricted. This bridge has structural default in the center and it is becoming a priority for CSX. We will continue to pursue them to pay more of the costs since they are the only ones to benefit.

Com. Evans moved to approve the transfer of $275,000.00, Com. Sheets seconded, motion carried.

Center District: Larry Sheets

1.Renewal of performance letter of credit No. 573 from Centier Bank for Pheasant Run Subdivision in the amount of $21,000.00. New expiration date is July 26, 2003.

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

2.Road Agreement for Union minor subdivision No. 238-C-1 located on the north side of Division Road between CR 675W and Lake-Porter County Line. Offer to contribute $750.00 a lot for a total of $2,250.00. Owner and subdividers are Robert and Rebecca Waldrenth.

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

South District: David Burrus

1.Road Agreement for Pleasant minor subdivision, located in the northwest corner of CR 1050S and Baum's Bridge Road. Offer to contribute is $750.00 per lot for a total of $3,000.00. The owners and subdividers are Arthur and Shirley Kniefel.

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

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

AFTERNOON SESSION-PLAN COMMISSION
Rezone, Wittmer, 1st reading
Rezone, Anderson, 1st reading

Steve Nigro, "This is a request for a rezone from a classification of AG to RR for approximately 40 acres. It did go before the Plan Commission and received a favorable recommendation by the vote of 8-0."

Com. Sheets, "There were no remonstrators, there is going to be a subdivision and we are going to make sure something gets done with the drainage down at Division and Sturdy. You will get involved, but as far as the development going in there, there is no problem. We will review that at the time of the application for the subdivision."

John Shnurlein, "It is in the center of the Wittmer farm, the north and the south portions have been sold and this is the 40 acres that is in the middle. The north portion has an approved minor sub and we feel that the rest of it would be large lots and be compatible with Meadow Glen as well as the minor sub. This is on the east side of Sturdy Road. We feel this also gives us protection from Meadow Glen and it makes a buffer."

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

Com. Sheets, "I have some brief discussion on this subject. They would like to present their development to the Plan Commission and the TAC and they were wondering if we could go ahead and pass it on second reading today. I don't have a problem with it, Gwenn?"

Atty. Rinkenberger, "I don't normally like to do that. I think it needs to, technically, have it open for public hearing."

Com. Sheets, "I guess the answer is no, but we asked."

Com. Evans, "Do we need to do this in a public hearing?"

Atty. Rinkenberger, "We talked about this but we didn't technically say this is open for public hearing and does someone want to talk for or against it, then close the public hearing. We didn't follow the process. Reopen this meeting for a public hearing and see if there is anyone to speak for or against it."

Com. Burrus, "I am re-opening the hearing and asking if anyone in the audience would like to speak in favor of this. Is there anyone who would like to speak against? Then we can take a re-vote. The public hearing is closed."

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

Com. Sheets, "Do we have to follow this for second reading today? Oh, the answer is still no."

Steve Nigro, "Resolution 02-10, another amendment to the Porter County Master Plan. More specifically a rezone, once again from AG to RR. This property lies off of Baum's Bridge Road between State Road 49 and 600 South in Morgan Township. It went before the Plan Commission and received recommendation of approval by a vote of 8-0."

Com. Burrus, "Anyone to speak in favor of this petition?"

Don Bengel, "This is a couple acres of ground owned by Robert Anderson and his wife. They had to build a new house and to go through this procedure. That ground, even though parts of it are large, it is all residential. They are asking to rezone 6.69 acres."

Com. Burrus, "Anyone to speak against? Then this hearing is closed, and we can have a motion."

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

ANNOUNCE HIGHWAY BIDS FOR SALT
Jack Jarnecke, Superintendent of Highways

Mr. Jarnecke, "The low bidder is for $31.85 a ton from Morton Salt and it is the one I want to go with. They did extend this through all of next year to 2003 instead of cutting it off, it is extended for a full year."

Com. Burrus, "I had a question, last year's prices for 2002 were extremely high and for 2000 there was a surplus that carried us into last year. Was that able to carry us all the way through?"

Mr. Jarnecke, "Yes it did. We had all three salt domes left over from the old price."

Com. Evans, "It was a combination of strict conservation efforts by you and the weather by God."

Com. Sheets moved to approve the bid from Morton Salt for a price of $31.85 per ton, Com. Evans seconded, motion carried.

AMENDMENT TO HEALTH PLAN
Mike Anton, Anton Insurance Agency

Mr. Anton, "I would like to present Amendment No. 11 to the Porter County Health Plan. This is really an amendment to clean up an area of the health plan. This is to extend coverage eligibility to a dependant of a participant that is physically or mentally incapable of self supporting themselves, through the age of 23. Simply, we would extend the benefits for the college enrolled student this is dependant on the parents."

Com. Burrus, "When does the current coverage terminate?"

Mr. Anton, "Age 19."

Com. Burrus, "Now is there an alternative at the end of the year when they turn 23?"

Mr. Anton, "There is COBRA."

Com. Sheets, "This is when they reach their 23rd birthday, that month is the last month they can be on it?"

Mr. Anton, "Yes."

Com. Evans moved to approve Amendment No. 11 to the Porter County Health Plan, Com. Sheets seconded, motion carried.

With no further business to discuss,

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor