PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 21, 2003---10:00 am.

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, January 21, 2003 in the Commissioners' Chambers of the Administration Center.

Those present were Com. David Burrus, Com. John Evans and Com. Larry Sheets 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 January 13, 2003, Com. Evans seconded, motion carried.

APPROVAL OF CLAIMS

Com. Sheets moved to approve the claims of January 21, 2003, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

Com. Sheets moved to approve the minutes of December 3, 2002, December 17, 2002, and January 7, 2003, Com. Evans seconded, motion carried.

COMMISSIONERS' REPORTS

Center District: Larry Sheets

1. Pheasant Hills Performance Letter of Credit #496 for Phase A, Parts 1 & 2, from Centier Bank in the amount of $75,000.00, new expiration date is January 29, 2004.

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

2. Maintenance Letter of Credit # 552 for Phase A, Part 1 from Centier Bank in the amount of $28,000.00, new expiration date is January 29, 2005.

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

These Letter of Credits are continuously extended. It is recommended extending them one more time and then filing claim on them if the developer does not fulfill his obligations.

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

South District: David Burrus

1. Yellowstone Subdivision, Phase A-2, Performance Letter of Credit #415, from
DeMotte State Bank in the amount of $34,000.00. New expiration date is February 2, 2004. Recommend approval.

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

APPOINTMENT TO LITTLE CALUMET RIVER COMMISSION

Com. Evans, "We were asked to look for someone for this appointment who had the qualifications of either accounting or engineering and I have discussed the appointment with an engineer, Charlie Ray of the Duneland Group, and he has indicated he would serve in that capacity."

Com. Evans moved to appoint Charlie Ray of the Duneland Group to the Little Calumet River Commission, Com. Sheets seconded,

Com. Sheets, "Just for information, Bill Tanke has been on there forever and he's retired and we need to move on. I hope Charlie Ray will bring leadership to that board."

Com. Evans, "I guarantee he will be an asset to them."

Motion carried.

Com. Burrus, "I think Bill Tanke has served from 1971 through the current year and I would like to publicly thank Bill for his long term of service on that commission and hopefully as he looks forward to his retirement, he has a long enjoyable life."

CORRESPONDENCE

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

Approve service agreement for JDC automatic security system

Com. Sheets moved to approve the agreement with Integrator.com, Inc. for the security system at the Juvenile Detention Center in the amount of $525.00 per month, Com. Evans seconded, motion carried.

Appointment to Workforce Investment Board

Com. Sheets moved to appoint Nancy Pekarek, Valparaiso City Planner, as the local elected official's representative to the Workforce Investment Board with the term expiring June 30, 2004, Com. Evans seconded, motion carried.

Approval of Public Official Bonds

Com. Sheets moved to approve the Public Official Bond for Linda Diaz, court reporter, in the amount of $8,500.00, Com. Evans seconded, motion carried.

Com. Sheets moved to approve the Public Official Bond for Jack Jarnecke, Highway Superintendent in the amount of $8,500.00, Com. Evans seconded, motion carried.

Com. Sheets moved to approve the Public Official Bond for Al Hoagland, Assistant Highway Superintendent in the amount of $8,500.00, Com. Evans seconded, motion carried.

Appointment of Common Wage Construction Rate Committee

Com. Sheets moved to appoint Dale Brewer, county clerk, as the Porter County representative to the Common Wage Construction Rate Committee for 2003, Com. Evans seconded, motion carried.

Discussion on county option income tax

Com. Evans, "I have a comment to make before we move on. The IRS has returned to us a survey that shows that 56% of the people in Porter County make a wage of$40,000.00 or less. Their share of a county option income tax would be $60.00 or less a year. I just wanted to throw that point out there and I would make a plea and a request that those people involved in making the ultimate decision keep an open mind, and that would be the County Council, and that they give the presentation that has been promised and make the decision in a fair and equitable manner. All the excitement seems to have stirred up what the former Commissioner, Pat Bankston, used to call the CAVE people: Citizens Against Virtually Everything. So I really wish that people would wait and hear the facts before they make a pre-determined decision."

Com. Burrus, "Good point. That figure you gave of $60.00 is only $60.00 per year so that is a nominal fee and a percentage of that would be guaranteed to go toward a real estate tax. Any other discussion or comments? In hearing none, I would entertain a motion to recess until the 1:30 session this afternoon for Plan Commission,"

Com. Sheets seconded, motion carried.

AFTERNOON SESSION: PLAN COMMISSION
Rezone-Amend PUD Ordinance, Aberdeen, Phase I, 2nd reading
Steve Nigro, Plan Commission interim director

*(Commissioner Sheets was not in attendance at the afternoon session)

Com. Burrus, "The first item of business is a rezone issue with Benchmark, Ltd. and we are at the 2nd reading, is that correct?"

Mr. Nigro, "Yes, this is the 2nd reading for the rezone of this parcel of land, RR to PUD. The Plan Commission recommendation was for denial with a vote of 6-1, that was at their November 13th meeting."

Com. Evans, "I think we have been over this and I think the Plan Commission should be commended, as well as Benchmark, as well as the remonstrators, because of the combined effort that we have arrived at."

ORDINANCE NO. 03-01
An Ordinance Amending Ordinance No. 97-38 entitled "PORTER COUNTY CODE"

Be it ordained by the Board of Commissioners of Porter County, Indiana under authority of Chapter 174, Acts of 1947, and all Acts amendatory and supplemental, thereto, General Assembly of the State of Indiana:
SECTION 1: That the following described real estate in Union Township be and the same is HEREBY REZONED from RR, Rural Residential, to: PUD, Planned Unit Development.
The E. 405 feet of the North 792 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township 35 North, Range 6 West of the Second Principal Meridian, in Porter County, Indiana.
GENERAL LOCATION: A parcel of land located on the West side of CR 250 W. and South of CR 100 N. in Union Township, Porter County, Indiana.
SECTION 2: That the ZONE MAPS attached to and made a part of said Zoning Ordinance be revised to indicate that above described property as being in the Planned Unit Development District.
SECTION 3: That this Ordinance shall take effect from and after its approval and adoption by the Board of Commissioners of Porter County, Indiana, this 21st day of January, 2003.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S\David L. Burrus
S\John A. Evans

attest:S\Sandra K. Vuko, Auditor

Com. Evans moved to approve Ordiance No. 03-01 on 2nd reading, Com. Burrus seconded, motion carried.

Atty. Rinkenberger, "Now so everybody understands the procedure, what we have done is we have interpreted the petition for rezone, and we interpreted the Plan Commission action as a petition to rezone a 7 acre parcel from RR to PUD. Now I think it is the Commissioners' intent for this to go back to the Plan Commission for them to comply with our PUD ordinance as written and to follow the ordinance before this comes back to us in the form of a new PUD ordinance. I guess if they don't, we can keep sending it back until they do."

Com. Burrus, "That is consistent with what we mentioned at our last meeting at first reading. I think we are on the same track and that clarification can be for the benefit of the Plan Commission."

CABLE FEES
Highway Superintendent, Jack Jarnecke

Mr. Jarnecke, "I would like to request the Commissioners to consider cable funds for the Highway Department, which we don't have anything set up for the budget at this point. I think last year we had $100,000.00 from each Commissioner's district."

Com. Burrus, "Are the cable funds restricted to exclusively Highway projects?"

Mr. Jarnecke, "I don't know if it is exclusive."

Com. Burrus, "I think it is but I just wanted to be aware if anybody else was spending anything out of here."

Mr. Jarnecke, "No, that is the way it has been handled."

Com. Evans, "I have used some for drainage work that was done by Highway but it was with our knowledge."

Mr. Jarnecke, "There is a balance of $476,391.00."

Com. Burrus, "Is this consistent with what we had appropriated or budgeted last year?"

Mr. Jarnecke, "Yes. For contractual services, I had nothing set up in that since we took that cut in our _____________ budget, there hadn't been enough money to set up anything when we set the budgets. Normally, I come in after the first of the year and make a request for an additional to be put into that; carry over at the end of this past year."

Com. Burrus, "This is an additional appropriation for the Council?"

Mr. Jarnecke, "Yes. Right now there is nothing in that account right now."

Com. Burrus, "The concern I have is the chances of getting anything are slim to none. Is this something we always do?"

Mr. Jarnecke, "That's the way it has been working the last 2 to 3 years."

Atty. Rinkenberger, "I'm just concerned about our financial condition and whether or not we are going to have the normal amount of money to appropriate to those cable funds as usual or if we get ourselves into a serious financial crunch, we may have to use that money for something other than roads and if we proceed with this action now, I just don't know if it is necessary to proceed now before we see where everything is going to fall or what."

Com. Evans, "We don't use any of this until we get down to the spring and you start doing some paving."

Mr. Jarnecke, (Inaudible.)

Com. Burrus, "Let me clear up one more thing here because I am just a little confused. Obviously, this is cable money and we are proposing to use $100,00.00 in each district. Now if we approve it here, does that have to go to the Council for approval and what would be the amount that would be going into the contractual account?"

Mr. Jarnecke, "No. Separate."

Atty. Rinkenberger, "But then once it is appropriated by them for a specific purpose, then that is what my concern is because that is $300,000.00 that we don't know where our money . . . "

Com. Evans, "These are funds that we have used all the time in this same type. . . . and the council doesn't appropriate these funds."

Com. Burrus, "They can't use it for anything else by ordinance."

Atty. Rinkenberger, "I am not saying they can use it for something other than roads, I am just saying that given the financial situation we are in, you under your own ordinance, may have to use it for something other than roads, I don't know, because I don't know what our financial condition will be."

Com. Evans, "The Council has raised the question of the cable funds."

Com. Burrus, "I think that with the intent that is on record now as far as what these cable funds should be used for, understanding that any kind of additional use would require an ordinance change."

Atty. Rinkenberger, "I would have to read the ordinance, but I think we ought to change it to be broader than just for roads already."

Com. Evans, "These are funds that are usually set aside for emergency type of projects anyway, as we go on through the course of the year, we use them for paving if we haven't had something jump up and bite us."

Com. Burrus, "This is for other than road emergencies. I feel that I would like to see this money go to roads. Now when we do it, I don't know."

Mr. Jarnecke, "When we talked about CCD funds and we won't think about anything until after the tax bill in May."

Com. Burrus, "We have more flexibility with CCD money than with this money."

Atty. Rinkenberger, "The way the ordinance is written, we did expand it at one point in time, for the use of the funding. I can't recall specifically how, it still has to go generally for the right of way road maintenance type of issues."

Com. Burrus, "I would prefer myself to see this money go forward as intended and then if we have any additional emergency needs to be able to use or look at the CCD funding for that purpose."

Mr. Jarnecke, "........................ from last year, you haven't even collected anything this year yet. The cable funds from last year, this has balances from last year, you haven't even collected anything this year."

Com. Burrus, "This is a carry over, right? So that means that at the end of the first draw, we are going to have another $200,000.00 in this fund in addition to the $176,000.00 that is not being used."

Atty. Rinkenberger, "So we are appropriating a left over now to use and then we will get more. When we redo our CCD ordinance, we will be allocating...."

Com. Evans, "I agree with David. The money has always been designated for roads and repair and right of ways. Obviously you are not going to spend it immediately anyway so if we need to come back and tap you on the shoulder and say give us some back, Jack."

Com. Burrus, "I think the point to be made here is the roads are the responsibility of county government and if we can't afford that then we are getting down to the point where that just emphasizes another issue that is on the table right now and that is revenues."

Mr. Jarnecke, "Like I said on that other one there, this is a carry over from the past year which I had hopes of getting a lot of striping done which we couldn't get the stripers in there so there was a good balance left in the contractual. We've already used over half the salt budget for this year."

Com. Evans moved to approve $100,000.00 for each Commissioners' district as submitted, Com. Burrus seconded, motion carried.

CERTIFY COVERED BRIDGE IN COUNTY

Com. Burrus, "This next item is a requirement from the Auditor of the State of Indiana that each county certify the number of covered bridges that they have in their county. John, since all of our covered bridges are in your district, you can be the one to certify."

Com. Evans moved to certify to the Auditor of the State of Indiana that we have one covered bridge that no automobile traffic passes over on the Calumet Trail, Com. Burrus seconded, motion carried.

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor