PORTER COUNTY BOARD OF COMMISSIONERSREGULAR MEETING
TUESDAY, AUGUST 20, 2002

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, August 20, 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 August 12, 2002, Com. Evans seconded, motion carried.

CONTRACT FOR TAX EXEMPTION, MEIGHEN & ASSOCIATES
Shirley LaFever, Porter County Assessor

Ms. LaFever, "The reason I am here is I gave Gwenn a contract a week ago to look over for an independent contractor, Marilyn Meighen, to look at our tax exempts in Porter County. We have over a thousand tax exempts in Porter County. They have never been looked over really carefully by an attorney or a tax exempt specialist. So the person I am asking to hire for one day, or two days at the most, to look them over them and let us know if everything is regarding to the law; are they entitled to tax exempt. We have some questions about some of the businesses being run out of the airport hanger, if they are included in tax exempt. We have some vacant land that is put into a private pension fund that we are concerned about, if it is really supposed to be tax exempt. Now with Porter County being in such financial crisis, I think it is about time that we need some expert opinion on some of these tax exempts. I am not saying they are not entitled to it, we just really want to review them very carefully and make sure that this is Porter County tax dollars we are giving away. Are they really entitled to 100% or a partial. That is the reason I ask that you sign the contract, and this will be paid out of the re-assessment fund for this consultant and we will only use her as needed. We would work on this very carefully. As you know, all attorneys are very expensive and she has worked on the State Tax Board. Her expertise on the state tax board was exemptions. That is why I am here before you today."

Atty. Rinkenberger, "I have reviewed the contract and it is acceptable."

Com. Evans, "What is the dollar amount?"

Ms. LaFever, "She charges $100.00 per hour."

Com. Evans, "I think you should be commended, Shirley. That is an excellent idea."

Ms. LaFever, "The name is Marilyn Meighen, out of Indianapolis. We will have to pay for travel time, but at $100.00 per hour, I still feel it is the best we can get. Lake County PTBOA has an attorney on their PTBOA, we do not. I don't know why Lake County does it."

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

RECEIVE BIDS FOR BOOM TRUCK-PORTER COUNTY HIGHWAY DEPT.
Jack Jarnecke, Highway Superintendent

The following bids were opened and read by Commissioner Sheets:

Dueco $ 99,424.00
Sutton Ford116,685.00
Utility Truck 96,959.00

Bids were taken under advisement until the Commissioners' meeting of September 3, 2002.

OFFICE HOLDERS/DEPARTMENT HEADS

Maximus renewal contract-Sandy Vuko, Porter County Auditor

Ms. Vuko, "This is a renewal and we do this every year in the Auditor's Office. What it does is recovers administrative costs for federally sponsored programs by child support, food stamps, AFDC, Medicaid, and Civil Defense. There is no cost to the County, this is one of those great contracts. They will come in here and do the research. They give us certification of what it costs and that comes out of that. We have a booklet that explains all that and what is involved. Also, I would like to go with the 3 year contract versus the one year contract because we have been doing this every year coming before you and renewing this yearly. All 92 counties do participate in this with Maximus. It is sponsored by the Association of Counties."

Com. Sheets, "According to this, we pay them $15,750.00."

Ms. Vuko, "This is from cost, that is not our cost, that is what they have recovered."

Linda Walker, "It comes out of the Commissioners' budget. We pay that every year."

Atty. Rinkenberger, "The way it reads is, it is supposed to come out of the funds that are recovered so if we are paying that out of our budget, something is not right."

Ms. Vuko, "I don't know what happened last year; how this was taken care of. It is not supposed to. . ."

Atty. Rinkenberger, "It is supposed to come out of recovered costs, so you may have to pay it up front but if it is coming out of your budget, once we recover our costs, you should be reimbursed."

Ms. Vuko, "I will look into this to see if that was actually reimbursed or see what happened with that."

Com. Sheets, "I am in favor of approving the three year contract, but we need to clear up our in house questions. If we pay that money out, we need to have a system where we know we are getting paid back."

Com. Burrus, "Or on the other hand, we could review this to see that it does come out of the proceeds such that we don't have any reimbursements."

Atty. Rinkenberger, "Well, that is what the contract says."

Com. Burrus, "Maybe we need to point that out to make sure it is handled properly."

Ms. Vuko, "I have a letter that was submitted to Jim Murphy, and it says estimated costs and recovery."

Com. Sheets, "I have to ask if you wanted to do this for three years, would it be three years at the same price they are quoting here?"

Ms. Vuko, "Yes. Okay, I am going to make a phone call to Charles Milanosky and find out if he has any idea if we are paid up front because I wasn't aware of that figure."

Com. Sheets moved to approve the three year contract at the existing price, Com. Evans seconded,

Com. Burrus, "And with the understanding that if they do recover their fees. . ."

Atty. Rinkenberger, "It says, ‘we would owe nothing in the unlikely event that no indirect costs are recovered. Indirect costs could be wiped out. Dramatic changes are occurring in grant programs. Indirect costs could be wiped out.' The whole thing is set up so that once there is a recovery. . ."

Com. Evans, "Full payment of services is dependent upon Porter County recovering costs in excess of our fees."

Com. Burrus, "But it still doesn't say that they are going to retain their fees from recovered money?"

Atty. Rinkenberger, "No, we are going to have to find out how other counties do this from an accounting format and get it out of our budget."

Com. Evans, "Because it says right here, does not become an item for Porter County's budget appropriation for 2002, 2003 and 2004."

Com. Burrus, "I think we should go ahead with the motion to approve subject to clearing up that terminology."

Atty. Rinkenberger, "Probably the best way to handle it is the way that Shirley LaFever's contract should have been handled and that is we create a special line item in the Auditor's budget and that money is deposited in there and then next year we pay this $15,000.00 out of that line item and not out of ours and that is how we do it on an annual basis. This money isn't being tracked."

Com. Burrus, "That is one method or they could simply show a deduction from our recovered funds to them for their fee."

Motion carried.

Com. Sheets, "In a couple months, you will have to get the bids for office supplies, and we don't have to bid that out. What I am asking you to do is review how you want to handle it and if you just want to go by price list or whatever you want to do, come back and let us know officially whenever you are ready."

CORRESPONDENCE

Treasurer's monthly report for July 2002 is on file.
Court Security Activity Report for July 2002 is on file.
Building Department monthly report for July 2002 is on file.

Request for bereavement leave for Michael Harper

Com. Burrus, "At our last meeting we had a request and we said that we were going to do some review and do some clarification on these requests. I can tell you that Michael Harper was the sole son of the lady who passed away and he was directly involved in her care. So to that extent, that information will help in our decision."

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

Com. Burrus, "It would be appropriate to comment that in our policy manual that we have regarding these types of situations it indicates that for the additional days of leave, the employee must be directly involved in the care and support of the individual that passed away. We certainly want to be compassionate but we also have to follow the guidelines."

Contract for Animal Shelter services for Town of Porter

Com. Evans moved to approve the contract with the Town of Porter for 2003 for an annual amount of $1,275.00 payable quarterly, Com. Sheets seconded, motion carried.
Request for transfer of funds-Commissioners

Fund 01.30$ 500.00from acct 2430Law books
Into acct 3630Equipment repair

$4,007.00from acct 3420Building/liability
Into acct 3430workmen's comp

1.To pay for equipment repair of mowers, vacuum sweepers, etc.
2.To pay for Worker's Comp Audit.

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

COMMISSIONERS' REPORTS
All Districts:

1. LPA Claim # 1 for $22,354.06 for Phase I(2002) Bridge Inspection.

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

North District: John Evans

1. Acceptance of Spring Meadow Estates roads, located on the north side of CR 900
North between CR 550 East and CR 625 East. Recommend approval.

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

2. LPA Claim Voucher #5 for $7,436.24 for Construction Inspection of Calumet Trail.

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

3. Change order #4 for Calumet Trail project. This added $1,860.00 to the contract for several informational signs on US 12. They were requested at a partnering meeting. Recommend approval.

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

4. Road Agreement for Pine Minor Subdivision #2912-C-1, located on the east side of CR 600 East between CR 1275 North and CR 1350 North. Offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Paul E. Paulson.

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

Center District: Larry Sheets

1. LPA Claim #1 for $506.25, for right of way services on CR 300 West.

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

2. LPA Claim #1 for $67.50 is a companion claim for Claim #1 for right of way services. This is for 50% of the local cost which INDOT has agreed to pay.

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

3. Road Agreement for Washington Minor Subdivision #2428-D-1, located on the west side of CR 400 East between CR 500 North and CR 600 North. Offer to contribute $750.00/lot for a total of $750.00. Owners and subdividers are Timothy A. and Helen J. Chupp.

Com. Sheets moved to approve, Com. Evans seconded, motion carried.
South District: David Burrus

1. Cashiers check from First National Bank to cover Performance Guarantee for Pleasant Crossing Subdivision in the amount of $13,000.00. Recommend approval.

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

Com. Burrus, "We have moved our Plan Commission meeting to 11:00 a.m. so with no further business to discuss, I move to recess until 11:00 a.m."

Com. Burrus moved to recess the meeting until 11:00 a.m., Com. Evans seconded, motion
carried.

With no further business to discuss, the meeting was recessed until 11:00 a.m.


PLAN COMMISSION-Steve Nigro, Plan Commission
Wittmer Family Trust rezone
Robert & Mary Anderson rezone

Mr. Nigro, "The first thing is Resolution 02-09, a rezone to the Porter County Master Plan under the name of Wittmer Family Trust. The petitioner would like to rezone 40.068 acres from AG to RR."

Com. Burrus, "We note that at the first reading there was no opposition for this proposal and this was before the Plan Commission with a favorable recommendation."

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

Mr. Nigro, "The second item is an amendment to the Master Plan, Resolution No. 02-10, in
the name of Robert and Mary Anderson. This is a 6 ½ acre parcel. They are requesting from AG to RR. It received a unanimous approval from the Plan Commission and this is second reading as well."

Com. Burrus, "Again, there was no opposition expressed at first reading."

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

Com. Burrus, "That should conclude the Plan Commission business for today. We do have
one additional item we failed to bring out at our morning session. It has to do with a proposed grant the Emergency Management office that has asked us to consider signing. Apparently the federal government has allocated some grant money for the purchase of equipment to be used by emergency personnel in response to terrorism. It is in the form of individual kits. It is my understanding that this contract would be for the County from the federal government and we would be the recipient of these kits and then we would distribute them to the appropriate number of municipal response people throughout the county."

Com. Evans, "What is the cost?"

Com. Burrus, "I believe the cost is nil, but we should probably consider approval or not based on a review by the county attorney."

Com. Evans moved to approve the grant, Com. Sheets 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