PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
DECEMBER 17, 2002

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, December 17, 2002 in the Commissioners' Chambers of the Administration Center.

Those present were Commissioners David Burrus, Larry Sheets and 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 December 16, 2002, Com. Evans seconded, motion carried.

APPROVAL OF CLAIMS

Com. Sheets moved to approve the claims of December 17, 2002, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

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

ORDINANCE 02-20, AMENDING ORDINANCE 02-15, ESTABLISH A FUND FOR THE RECEIPT OF MONEY FOR HOUSING FEDERAL PRISONERS
Chief Deputy, David Lain, Porter County Sheriff's Police Department

Chief Lain, "What we are intending and hoping to accomplish this morning is to modify the existing ordinance that designates the fund for the housing of federal inmates and we are hoping to modify that to include the housing of Indiana Department of Corrections inmates as well. Historically, the jail has housed those DOC prisoners and we just want that to be tracked through the same system as the federal prisoners."

Com. Burrus, "This is a new ordinance, is that correct?"

Atty. Rinkenberger, "It has a new ordinance number but it is simply an amendment to Ordinance No. 02-15."

Com. Sheets, "This is clear cut, adding what we do with federal prisoners and you are not looking to make any changes through this fund as far as jailers and other employees?"

Chief Lain, "This is strictly so we can track the placement of those funds that do come in from federal inmates and to redirect the state DOC prisoners into that same system. Really, instead of having money go into two separate directions, I think it kind of cleans house a little bit with having both classifications of prisoners going into the same fund."

Com. Burrus, "It provides a central management tool for disbursing two or three different sources of proceeds."

Com. Sheets, "Just for clarification, we have always taken in Indiana state prisoners; not a lot, but we have always taken them."

Chief Lain, "That is correct. They are, for lack of a better term, paying customers as well."

Com. Burrus, "This ordinance has nothing to do with numbers or quantities; it simply says that any revenue received for state prisoners would go into the same account."

Chief Lain, "That is correct. We haven't specified any number of DOC prisoners."

Com. Evans, "You are simply moving all your paying customers into one fund."

Chief Lain, "That is correct."

Atty. Rinkenberger, "If we need it into effect by the end of the year, we need to waive the rules and pass it on first reading to be effective immediately."

Com. Sheets moved to suspend the rules for purpose of passing the ordinance under one reading, Com. Evans seconded, motion carried.

Com. Sheets moved to approve Ordinance No. 02-20, amending Ordinance No. 02-15 on first reading, Com. Evans seconded, motion carried.

ORDINANCE NO. 02-20, AMENDING ORDINANCE NO 02-15
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT OF
MONEY FOR HOUSING FEDERAL AND INDIANA DEPARTMENT OF
CORRECTION 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 have been advised that the Porter County Jail will receive approximately Thirty-five Dollars ($35.00) as a temporary per diem rate for housing Indiana Department of Corrections 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 and Indiana Department of Corrections (hereinafter referred to as "DOC") 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 and DOC 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 and DOC Prisoners Fund is established
A housing of federal and DOC 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 and the Thirty-five Dollars ($35.00) per diem rate for DOC prisoners shall be deposited into said special fund. Said fund is hereby entitled the Housing of Federal and DOC 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 and DOC Prisoners Fund can only be used for the specific purposes set forth in this ordinance. The funds deposited in the Housing of Federal and DOC 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 and DOC 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 and DOC 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 and DOC 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 and DOC 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 _______day of ________________, 2002.

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

AWARD BIDS FOR 2003 COUNTY OFFICE SUPPLIES
Jamie Dziablo, Chief Deputy, Auditor's office

Ms. Dziablo, "I have here the bid award for 2003. The low bidder is Corporate Express."

Com. Burrus, "This would be a bid for a number of different items in different categories. The low bidder then would be the bottom line of all the various categories, is that correct?"

Com. Evans, "There are three separate classes, they were the lowest in Class 3."

Com. Burrus, "Okay, then we have a recommendation from the Auditor's office to accept the low bidder of Corporate Express."

Com. Sheets moved to accept the Corporate Express as the lowest bidder for Class 3 items for county office supplies for the year 2003, Com. Evans seconded, motion carried.

Com. Burrus, "One final comment is that the one bid was significantly lower than the other one, about $10,000.00."

Com. Evans moved to clarify that Corporate Express was the low bidder for Class 3, and to accept the low bid from A.E. Boyce for Class 1 and 2, Com. Sheets seconded, motion carried.

Com. Evans, "I would like to thank the auditor's office for changing that format, it is a lot easier to follow."

OFFICE HOLDERS\DEPARTMENT HEADS
Porter County Sheriff's Department and Porter Starke agreement

Com. Burrus, "The Highway Department will be here at 10:30 so we will continue on.
Gwenn, you indicated we will not be dealing with the sheriff's issue at this time."

Atty. Rinkenberger, "Well, the sheriff is not here, so if you would like to wait for the sheriff you can or if you would like to approve it without him, we can."

Com. Burrus, "What I would like to do is to make sure the two departments are in agreement and on board together before we discuss this. Mr. Lomaka, do you have any comment on this?"

Mr. Lomaka, "It doesn't matter if we do this now or at the next meeting. This is just the formal agreement from a few months ago when the sheriff came here and explained about the services and this is just the document."

Atty. Rinkenberger, "Actually, this is the contract for 2003. That is why I think we should take this up at our first meeting in 2003."

Com. Burrus, "Yes, I think this would be something to take up at our next meeting."

HELP AMERICA VOTE ACT, APPLY FOR MONEY FOR DISABILITY VOTING
Dale Brewer, Porter County Clerk

Ms. Brewer, "This is something from the federal government. They passed what is called the Help America Vote Act on October 29th. With that we hope the state will fund their voting appropriation line items and what I have is an application for voting system reversement through the state for state money. We are going to be forced, there is no way around it now, to replace the punch card system and we also must have a disability voting machine in every voting place. We are required by that Act to have numerous options for disable voters. It has Braille on it and has headphones and is not federally mandated. We will also have to be on a state wide voter registration system by 2004 which means that Voter Registration has to be completely computerized down there. There is one vendor for the entire state, that is also federally mandated. Now the federal government is going to give me $4,000.00 per precinct which does cover one of these buildings per precinct. We will try to get the money from the state for that, the rest will fall on us. I did some preliminary figures, the total cost is $1.172 million. That is what we are looking at and part of that will be reimbursed by the federal government and some by the state."

Com. Burrus, "Do you know that ratio yet?"

Ms. Brewer, "No, I don't. We are in the baby planning stage. The state has not appropriated their money yet because they don't have money but the bill has been passed. They were talking initially $5 million in the state fund which is not going to help us very much. There are 37 counties out there yet that have to be converted from the punch card. I will try to get us the most money that I can and I plan to go to Washington in February as co-director of our legislator committee and see if I can get more funds for us. This $4,000.00 per precinct is not a whole lot. We all got hit by this and we are all working on this. One million, one seventy two, two hundred dollars that is what I figured. That would include 124 of the new disability machines, 124 Opti-scans; if I use the opti-scan and not complete touch screen in every precinct. I can get away with a lower cost and still use those old voter-matics for voting. Opti-scan is the paper type ballot where they mark it and then you push it into the Opti-scan which is also a ballot box. It reads it and tells you if they have voted or if they voted wrong. At the end of the day there is a disc you bring back here and then you plug it in and get your results. So we won't have anymore of the punch cards not going through. It would speed up the election immensely, but it is going to cost."

Com. Burrus, "The $4,000.00 per precinct, that was from what source?"

Ms. Brewer, "That is the federal government. That is what I was told. I just got back from an election meeting in Indianapolis last week. We have 124 precincts."

Com. Burrus, "So that is shy of a half million dollars."

Ms. Brewer, "We are trying to get more. I want to be able to apply for some money and they told me I would have to come and get your permission. They are funding their portion of the disability machines."

Com. Evans, "What about consolidating some of the precincts, is that a possibility?"

Ms. Brewer, "We have done some and we may do more. It is something we will have to look at the lines. We have a city and town election coming up this year which will encompass all the precincts. We will still be able to go on what we have this year, but we are going to have to revisit and look at it again. I know people don't like to wait in line, but this may be a fact. This is a lot of money. We already have four disability voters that go out, the federal government says you must make them accessible for them to come out to vote."

Com. Burrus, "Could you establish a disability precinct?"

Ms. Brewer, "I don't know how you would do that. If you want to know the truth, we could probably be told that they are not being able to vote in their particular precinct and it would cause them to say discrimination. I will keep you informed as I go."

Com. Evans moved to allow Dale Brewer to negotiate on behalf of Porter County to apply for outside funding for voting facilities, Com. Sheets seconded, motion carried.

AWARD HIGHWAY BIDS FOR SUPPLIES AND SERVICES
Jack Jarnecke, Highway Superintendent

Item 1-Limestone

4 bidders: Brown Trucking, Ralston Paving, Vulcan Materials and Whitcomb Trucking
Recommend acceptance of all four bidders.

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

Item #2-Slag

4 bidders: Beemsterboer slag corp., Levy Company, Ralston Paving, Whitcomb Trucking.
Recommend the acceptance of Levy, Ralston and Whitcomb for items A, B, C, and D.

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

Item #3-Bituminous plant mix bidders:

4 bidders:Boyd Asphalt, Central Paving, Rieth Riley, and Walsh Kelly.
Item A: Recommend the acceptance of all bidders
Item B, accept Boyd, Central Paving and Walsh Kelly.
Item C, accept Rieth Riley, Walsh Kelly
Item D, accept Rieth Riley, Walsh Kelly

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

Item #4-Ice Abrasive Material

3 bidders:Whitcomb Trucking, Ralston Paving, Vulcan Materials.
Recommend acceptance of all bidders for Item A.

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

Item 5-Fill Sand

3 bidders: Whitcomb, Ralston and GE Marshall.
Recommend acceptance of all for item A.
Item B-Marshall

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

Item 6- Pavement stripings and markings

2 bidders:Airmarking Company, and NES Traffic Safety

I Recommend both. There was quite a bit of difference in cost but we have had such trouble trying to get paving work done from Airmarking, that is the reason I recommended the acceptance of both.

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

Item 7-Equipment Rental

5 bidders: Ralston Paving, Bucko Construction, GE Marshall, Walsh-Kelly, Rieth Riley.
Recommend acceptance of all five.

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

Item 7A-Pulverizing machine

3 bidders: Mt. Carmel Sand, Bernie Johnson Trucking, Klink Trucking
Recommend acceptance of Mt. Carmel Sand.

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

Item 7B--Vacuum Street Sweeper

2 Bidders: Rieth Riley, Advance Municipal Equip.
Recommend acceptance of Rieth Riley.

Com. Sheets, "Is this for a street sweeper?"

Mr. Jarnecke, "Yes, we have our own but sometimes when we are doing paving work, grading along the curbs, we have to get another sweeper in to keep up with things. That is the only reason for having bids on the sweeper."

Com. Sheets, "I hope nobody hears this but you, Jack, but have we done this in the past?"

Mr. Jarnecke, "I think there was only one time when we had to get a sweeper in."

Com. Sheets, "Okay, because I didn't remember us ever renting a sweeper."

Com. Evans, "Is that the same rate it has been?"

Mr. Jarnecke, "Yes."

Com. Sheets moved to accept the recommendation, Com. Evans seconded, motion carried.
Item 8-Signs and sign posts

2 bidders: Hall Signs, Fishers Associated.
Recommend acceptance of both bidders.

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

Item 9-Calcium chloride solution

2 bidders:AJP Corp, Great Lakes Chloride
Recommend acceptance of AJP Corp.

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

Item 10-Gasoline

1 bidder:Baird Marine
Recommend acceptance.

Com. Sheets, "Why only one bidder, don't we normally have 3 or 4?"

Com. Burrus, "One of the bidders is now on the County Council, I think that might have something to do with it."

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

Item 10- gasoline for Highway only

1 bidder: Triple J-Mar.
Recommend Triple J-Mar.

Com. Burrus, "I don't show them listed on this list, is that correct?"

Mr. Hoagland, "No, this is just for the Highway, the Sheriff normally takes care of their own."

Mr. Jarnecke, "The price on that was $1.063."

Com. Burrus, "I would say we ought to go ahead and approve that."

Com. Evans, "It's a little higher than the other."

Mr. Jarnecke, "I figured it up before I came up here, we would save about $250.00 difference between what Baird did for us and what J-Mar bid for the sheriff."

Com. Burrus, "Okay, that is not that much, but the point is they didn't bid on the sheriff's gasoline."

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

Item 11-Diesel fuel

2 bidders:Baird & Marine Triple J-Mar
Recommend acceptance of Baird & Marine.

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

Item 12-Motor oil

2 bidders:A&M Farm Center, Paulson Oil Co.
Recommend acceptance of Paulson Oil Co.

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

Item 13- Tires and Item 14-Tubes

4 bidders:Brown Tire; A&M Tire; Moser Tire; CF Truck Tire.
Recommend acceptance of all four.

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

Item 15-Culverts

3 bidders:Debco Metal Culverts; Metal Culverts; St. Regis Culverts
Recommend acceptance of all three.

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

Item 15A-Guardrail

3 bidders:Debco Metal Culverts; James H. Drew; St. Regis
Recommend acceptance of Debco Metals and James H. Drew.

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

Item 16-Precast or prestressed bridge slabs & beams

3 bidders: American Timber Bridge; Rinker Materials; Bridgetek.
Recommend acceptance of all three.

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

Item 17-Concrete

2 bidders:Zimco; Ozinga
Recommend the acceptance of Zimco.

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

Item 18-Grader Blades

4 bidders: American Wire & Rope; St. Regis Culvert; Howell Tractor; Lacal Equip.
Recommend acceptance of American Wire & Rope, St. Regis, & Howell.

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

Item 19-Disposal Services

2 bidders:Able Disposal; Waste Management
Recommend acceptance of Able Disposal.

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

Item 20-Office cleaning services

1 bidder:R&D Janitorial
Recommend acceptance.

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

Item 21-Parts Washer Service and Used Fluid pickup

1 bidder:Winkle Environmental Services
Recommend acceptance.

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

Item 22-Batteries for equipment

2 bidders:Barenie Products; Knox Auto Supply
Recommend acceptance of Barenie.

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

Item 23-Hardware and tools

2 bidders: Barenie Products; Sanders Ind. Hardware
Recommend acceptance of both.

Com. Sheets moved to accept the recommendation, Com. Evans seconded, motion carried.
Item 24-Truck repair parts

4 bidders:Wiers; Owens-Burgess; IMI Co.; Knox Auto Supply
Recommend acceptance of Wiers, Owens-Burgess and IMI.

Com. Sheets moved to accept the recommendation, Com. Evans seconded, motion carried.
Item 25-Fan belts

3 bidders:Dewey's Auto; IMI Co.; Knox Auto
Recommend acceptance of Dewey's Auto and IMI

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

Item 26-Filters

3 bidders:Dewey's Auto; Howell Tractor; Knox Auto Supply
Recommend acceptance of Howell Tractor.

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

Item 27-Wiper Blades

2 bidders:Dewey's Auto; Knox Auto Supply
Recommend acceptance of Dewey's Auto.

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

Item 28- Hydraulic Hoses and ends

2 bidders:Barenie Products; Knox Auto Supply
Recommend acceptance of Barenie Products.

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

Item 29-Tiger Mower parts

2 bidders:Deeds Equipment; Lacal Equipment
Recommend acceptance of Deeds Equipment.

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

Item 30-Anti-freeze

1 bidder:Paulson Oil.
They did not have a bid bond on that. Recommend to not accept.

Com. Sheets moved to deny the acceptance of the bid due to not having a bid bond as required, Com. Evans seconded, motion carried.

Item 31- Welding supplies

2 bidders:Praxair; All American.
Recommend All American.

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

Com. Sheets, "I would like to thank you for putting these in this format, it is so much easier to follow."

Com. Burrus, "That is a very good point. With the variety of the numbers involved, it was especially easy to follow."

Lease payment on aerial truck to Old National Bank

Mr. Jarnecke, "One other item, I have the lease papers on the aerial truck that needs your signature. It is for the aerial truck advertised by a lease purchase plan, for five years, from Old National Bank."

Atty. Rinkenberger, "This requires a motion to approve the lease financing agreement. Jack and I looked at the papers and they are okay."

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

MICHAEL PRICE, HIGHWAY EMPLOYEE

Mr. Jarnecke, "Just to let you know that Mike Price's 90 days in the sign shop is up. He seems to be doing well. The foreman is satisfied with the work he is accomplishing so I think that is pretty much taken care of now."

Com. Sheets, "Good, he is happy to be back to work. His health is at the point where he can
meet the standards and he is doing well and my understanding is that the crew he is working with is satisfied. That is great. I can appreciate that very much, being back to work."

MICHAEL FETKO, HIGHWAY EMPLOYEE

Mr. Jarnecke, "The only other thing I have is the sick bank time for Mike Fetco, I haven't heard anything back on that yet."

Com. Evans, "Has the sick bank committee taken any action?"

Com. Burrus, "I don't know if they have taken any action but I had a conversation with Jackie Sterling and she wanted to know what the Commissioners' position was and I told her we had conversations with the Highway Department and we were concerned about his ability to return to work and therefore I can't predict what they are going to do but they should be prepared to do it very soon."

Mr. Jarnecke, "Okay, I will double check with them then."

PINE TOWNSHIP TRUSTEE LEASE AGREEMENT-
Nancy Kolasa

Ms. Kolasa, "I am going to be the new Pine Township Trustee on January 1st. With me today is Pat Bracey, she is a realtor and I would like to lease some office space from her. Specifically, the trustee has received an allotment from their trustee's budget and there has been an allotment from the assessor's budget. Normally the office is in their home and evidently, it is not a conflict, we just receive an allotment. I have asked around to find out if I could just enter into a lease agreement and the other trustees said it would not be a problem. But I found out that the Commissioners need to approve any lease or any agreements that I go into. So that is why I am here today."

Com. Sheets, "Where is the current trustee's office at, in his house?"

Ms. Kolasa, "Yes, it is in Bill's house."

Com. Sheets, "Well, we don't need it there anymore, do we? Where is the property at?"

Ms. Kolasa, "It is in Beverly Shores, off of US 12, in a commercial property."

Com. Sheets, "That seems to be convenient for most of the people to get to?"

Ms. Kolasa, "Yes, Highway 12 is real easy to find."

Com. Sheets, "How much money are we talking?"

Ms. Kolasa, "$475.00 per month. A portion of it will come from the trustee's budget and a portion from the assessor's budget."

Com. Burrus, "And those two portions will be enough?"

Ms. Kolasa, "I will be a little short, but I can transfer from my part time in the assessor's budget to make up the difference."

Com. Burrus, "You are comfortable that you will be adequately funded?"

Ms. Kolasa, "Yes, I will be adequately funded."

Com. Evans, "What is the current rate the township pays Mr. Theis?"

Ms. Kolasa, "$357.00 per month, but he is budgeted for $375.00 for 2003, so it is $100.00 short."

Ms. Bracey, "I would like to mention that $475.00 includes gas and electric."

Com. Evans, "Will you need a telephone?"

Ms. Kolasa, "Yes, but the telephone is included in the trustee's budget so that is not a problem. Just this short amount is not going to be a problem because there is plenty of money to transfer."

Com. Burrus, "How many square feet does this involve?"

Ms. Bracey, "I didn't measure it. There is an apartment and then two office spaces. I think it is probably 15' by 15' or 15' by 20'."

Com. Evans moved to approve the lease,

Atty. Rinkenberger, "Just two things as a caution. Make sure you are going to be able to make your rent payment in the time frame with our claims process. You might want to check with the auditor's office since it takes longer than 30 days. If she is wanting it in 30 days and the payment is 45 days and you don't want to be penalized for that."

Ms. Kolasa, "I asked Melissa if I could pay the landlord and then be reimbursed and she said it is fine. I am still waiting for the State Board of Accounts to answer."

Atty. Rinkenberger, "Then the other thing I noticed was under the liability and damages section, they recommend that you get a renter's policy for damage and liability issues. Do you have money for that because that would be something I would highly recommend."

Ms. Kolasa, "Okay, so this wouldn't fall under the blanket insurance that the county has to cover all county buildings, this is something I need to get myself?"

Com. Burrus, "Yes, that is correct."

Com. Sheets seconded, motion carried.

COMMISSIONERS REPORTS

Com. Evans, "I just received this from Dave Schelling this morning. It is a request for a utility agreement with NIPSCO for the installation of three poles at 1453 N. 425 East, Michigan City which is the east side of 425 East between 1400 North and Interstate 94 in Pine Township. NIPSCO wants to improve the roadway."

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

North District: John Evans

1. Build Indiana Claim form for reimbursement of $50, 361.09 for Calumet Trail Project.

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

2. LPA Claim for #9 for $1,558.64 for construction engineering for the Reconstruction of the Calumet Trail project. Recommend acceptance.

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

3. Performance Letter of Credit # 992485 for $25,000.00 from Horizon Bank for Sunnybrooke Subdivision. New expiration date is November 30, 2003. Recommend approval.

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

4. Acceptance of Saddlebrook Subdivision, Phase II and Maintenance Letter of Credit #993386 for $30,600.00 from Horizon Bank.

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

South District: David Burrus

1. Performance Letter of Credit #630 for $15,000.00 from Centier Bank for Morgan
Estates Subdivision. New expiration date is December 15, 2003. Recommend acceptance.

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

2. Performance Letter of Credit #993134 for $10,000.00 from Horizon Bank for Amanda's Farm Subdivision. New expiration date November 29, 2003. Recommend acceptance.

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

3. Road Agreement for Porter Minor Subdivision # 0241-B-1, located on the south side of CR 100 South between CR 725 West and Lake/Porter County Line Road. Offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Alexander C. Thompson.

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

4. Dunn's Bridge received an honor award in American Council of Engineering Companies of Indiana (ACEC) for engineering excellence competition. Dunn's Bridge is now eligible for national competition.

CORRESPONDENCE

Court Security monthly activity report for November 2002 on file.
Treasurer's monthly report for November 2002 on file.
Building Department monthly report for November 2002 on file.

Request to accept dependant Christopher Kerr to Porter County Employee Health Plan.

Com. Evans moved to accept spouse Christopher Kerr to the Porter County Employee Benefit Health Plan as a late enrollee with coverage to be effective January 1, 2003, Com. Sheets seconded, motion carried.

Request to accept dependant Walter Boggs to Porter County Employee Health Plan.

Com. Evans moved to accept spouse Walter Boggs to the Porter County Employee Benefit Health Plan as a late enrollee with coverage to be effective January 1, 2003, Com. Sheets seconded, motion carried.

Public Official Bond for David Reynolds, Porter County Sheriff

Com. Sheets moved to approve the Public Official Bond for the Porter County Sheriff in the amount of $45,000.00, Com. Evans seconded, motion carried.

American Red Cross blood drives

Com. Sheets moved to approve the request by the American Red Cross to hold two blood drives at the Administration Center on March14 and June 20, 2003, Com. Evans seconded, motion carried.

Employment contract between Porter County Commissioners and Attorney Herbert K Douglas

Com. Burrus, "Herb has not only been the attorney for the Drainage Board for a number of years, but this figure represents a 10% cut from what has happened as a result of the across the boards cuts last year. So he is working with us on our efforts to try to conserve."

Com. Sheets, "He has been there forever and he does a super job."

Com. Evans moved to approve the employment contract with Herbert K. Douglas as attorney for the Drainage Board for 2003 in the amount of $7,222.00, Com. Sheets seconded, motion carried.

Appointment to Workforce Investment Board

Com. Sheets moved to appoint Dianne O'Brien to replace Terry Oprinovich on the Workforce Investment Board for the term from now until June 30, 2004, Com. Evans seconded, motion carried.

John Whitcomb comments

Mr. Whitcomb, "I live at 2059 S. State Road 2. Gentlemen, I am very, very disappointed in you people. You have raked the citizens, the voters, of Porter County again. You have been put in the same class now as Florida voters when you relegated us to the federal government. Now there is no chance if you go through with this that we will ever have or ever can prove a fair election in this county. Very sad situation. I thought possibly with all this material I have been dropping off at your offices that you might have looked at some of it; obviously you haven't."

Com. Burrus, "John, how do we respond to inaction or lack of action in the event we have a federal mandate?"

Mr. Whitcomb, "Have you read that mandate?"

Com. Burrus, "I have not."

Mr. Whitcomb, "Well, I have not either, but I am sure that it says if you accept that federal money, then you have to do what they say. That is usually their pattern. But if you don't accept it, you can go, according to the constitution of this state. But you accept it."

Com. Burrus, "If you take that point you made, then you deny or decline to take the federal money with respect to their mandate, then the mandate still applies and you have to come up with that money yourself. Here we are in a situation where there is nobody in Porter County that wants to even fund county government, much less another million and a quarter. Now tell me where it is coming from."

Mr. Whitcomb, "But you haven't read the mandate yet. You don't know if that's what is says or not."

Com. Burrus, "Well, I can assume from what the staff member here told me it was and it was going to be one case or the other; either we will accept it and take the federal money or we don't accept it and pay for it ourselves."

Mr. Whitcomb, "Well, I won't comment on that right now."

Com. Burrus, "You have a good point, though, as things develop we ought to be able to have said we have seen that specific mandate. I agree with that."

Mr. Whitcomb, "It will be the same, though, whether if you are correct in saying that we are going to have to abide by that mandate regardless of whether we accept that money or not, it will be the same as not having an election at all. So, it really doesn't matter, because we will never be able to prove the true count on our votes. Thank you."

Com. Evans, "And I did read the material you dropped off, John."

With no further business, the meeting was recessed until the afternoon session.

AFTERNOON SESSION-PLAN COMMISSION
Stephen Nigro, Plan Commission interim director
Rezone-Glenbrook Properties Group-RR to R1-2nd reading

Mr. Nigro, "This is second reading, it received favorable approval from the Plan Commission with a vote of 6-1 on the 13th of November. Going from RR-Rural Residential to R1-Single Family Residential. They did receive a letter from Lake Eliza that they were going to annex them so they could potentially, the Lake Eliza Conservancy District, so they could receive sanitary sewers out to that location."

Com. Burrus, "Apparently the only issue of concern at our last meeting was regarding high density individual wells."

Mr. Nigro, "I was not there and I am sure that will be addressed at the TAC level."

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

Rezone-Cindy Hall, AG to R1, 2nd reading

Mr. Nigro, "This was recommended approval by the Plan Commission on the 13th of November by a 7-0 vote. This situation where the property to the north is zoned R1 and as you go south, it becomes agricultural. The request comes from the point that the property owner, Cindy Hall, wants to create a subdivision. She could not do a minor subdivision because the other parcel there had already had one conducted just to the south. So to keep the zoning consistent and to accomplish her goal of rezoning this property she is requesting it be rezoned to R1, Single Family Residential."

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

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

With no further business to conduct, the Commissioners adjourned for the year.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor