PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MARCH 4, 2003


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, March 4, 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 February 24, 2003, Com. Evans seconded, motion carried.


APPROVAL OF CLAIMS

Com. Sheets moved to approve the claims for March 4, 2003, Com. Evans seconded, motion carried.


APPROVAL OF MINUTES

Com. Sheets moved to approve the minutes from February 4, 2003, Com. Evans seconded, motion carried.


COASTAL ADVISORY BOARD APPOINTMENT

Com. Burrus, "This is for an invitation to appoint a citizen member and a Commissioner member to a Coastal Advisory Board that has been created. John, could you help me with this?"

Com. Evans, "As I understand it, the state of Indiana and neighboring states are being invited to nominate--and we have had interest from only one person in the general public, Bill Satterlee. Since that is my district I will volunteer to serve as the Commissioners' representative."

Com. Burrus, "This has to do with multi state effort and specifically all of the Great Lakes states. The individual who has expressed an interest and requested to be appointed is Attorney Bill Satterlee. Bill has expressed an interest in serving in this capacity."

Com. Evans, "There were a few articles in the newspaper that covered it a little better than we have this morning, but there was a time when people could apply and he was the only one that indicated any interest so I would like to appoint Attorney Satterlee."

Com. Evans moved to appoint Attorney William Satterlee, III to the Coastal Advisory Board, Com. Sheets seconded, motion carried.

Com. Burrus, "John, you also mentioned that there is a Commissioner designee that needs to be made. I think since you volunteered for that, we might want to make it official."

Com. Sheets moved to appoint Commissioner John Evans to the Coastal Advisory Board representing the Porter County Board of Commissioners, Com. Burrus seconded, motion carried.


OFFICE HOLDERS/DEPARTMENT HEADS

Shirley LaFever, Porter County Assessor

Ms. LaFever, "This is my contract I have had for the last three years for Indiana Assessment Services to assist the assessors and the PTABOA for problems we have with bills or whatever the township assessors need. It is the same contract, just the date has been changed. This comes out of my reassessment budget."

Com. Sheets, "Who is this person, what are their credentials and what is it that he actually advises you on?"

Ms. LaFever, "It's the Indiana Assessment Service out of Rochester, Indiana, his name is Ed Bisch. He used to be a state tax board person and then he opened his own business up. He advises the township assessors when they have an appeal before the PTABOA, he works for the township to help them present their case to the PTABOA because now the PTABOA is like a small courtroom, not like it used to be. So he helps them on their behalf to say if they are right; to help them protect _____________ township. If we need him on PTABOA to assist the PTABOA, also we have attorneys come in which most appeals now come in with attorneys, he has to advise the PTABOA should we approve this, should we disapprove this, are we okay with this or are there problems, are we going to win this downstate or should we just say let's go to state and try to fight. . . . (Inaudible). Are we applying what we need to apply to win this case. He represents us when we have to go to state."

Com. Evans, "Is he an attorney?"

Ms. LaFever, "He is not an attorney."

Com. Evans, "Is he an accountant?"

Ms. LaFever, "No, he is not an accountant or an attorney, John."

Com. Burrus, "Is this a lump sum contract or does he get paid per hour?"

Ms. LaFever, "This is a lump sum contract for $16,000.00 based on 80 hours for the whole year . . . (inaudible). We have never went over the $16,000.00 but he does get $16,000.00 for the whole year. Like last year, if we are over the 80 hours a few hours, he never charges us for the them. This year once we get our work done, we will have a lot of __________ and we are going to need ________________."

Com. Sheets, "Gwenn, are you satisfied with the contract?"

Atty. Rinkenberger, "Yes, I had Vi add a signature line for Shirley because normally we execute contracts for elected officials and have them sign off too, since it is their contract."

Com. Evans, "Are there other companies that do this or is he the only one?"

Ms. LaFever, "He works for quite a few counties in the state of Indiana. I don't know of anyone else. Most of them have an attorney on the board, John. We do not have an attorney on our board. Lake County has their own attorney and their own CPA, we do not. Our fee for the PTABOA is only $100.00 a day for Level II which is very low and our Level I is $50.00. Most of the boards have already got a CPA and attorney on board. We do not use him unless we have ________, he is not ____________. He is only here until we got the steel mills' out and some complicated industrial. For the regular residential bills, we do not need him. Just for the most complicated. I can't get an attorney or CPA to sit on my board for $100.00 a meeting. I would rather have an attorney but the attorney does not know the tax law. They know the tax laws, but they don't know the assessing side of it. We have one _________ that we went downstate (inaudible)."

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


Relay for Life, American Cancer Society

Ms. LaFever, "I have been involved in the Relay for Life for the last five years and I would like to have your permission and your blessing to approach the county employees to see if they would like to get involved in this."

Com. Evans, "It is a very worthwhile cause."

Ms. LaFever, "I need your permission in order to start this."

Com. Burrus, "Where do they proceeds go to?"

Ms. LaFever, "It goes to the American Cancer Society in Porter County. And I am hoping our team this year will be called Porter County Employees if it is okay with you guys."

Com. Evans, "Absolutely."

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


Reassessment status update, Plexis software

Com. Burrus, "What is the status of the reassessment?"

Ms. LaFever, "Our Plexis software is up and running. It is very, very slow. We have had meetings with Plexis, at least once a month. The developer is trying to find out what the speed problem is here in Porter County. Also they have problems in other parts of the state. The townships are working, it is going very, very slow. Porter Township has got a big problem because of the NetNitco line and that is the only thing she can get down there to her township. They . . . . (inaudible) and get kicked off. There is no other route to go. I know the trustee down there is hoping to put up some kind of tower then maybe she can get another service down there. The townships are working, its going very slow. It is slower than what we expected it to be. I am hoping the developer can find the reason why the speed is so slow. They are working and right now a lot of assessors have to stop working on Plexis because of the roll backs and because of the budget cuts. We have to do our annual work which is mobile homes on January 15 and we have to do personal property which is March 1. That has to be in 3 to 6 months out of those offices and they have to go ahead and do the 2003 work. So that puts them further behind because you have to do your work from last year but you are not going to __________ to meet the deadline, and you have to do your work for 2003. If we didn't have to do the work for 2003, they would close the doors and work nothing on Plexis and we should be done hopefully by late Fall. Since you have to stop working, and I don't know what we are going to do and all the townships are short a person. So the person who is working on Plexis they can pull off and put on personal property. I would like to see being finished by late Fall or early Winter. The three bigger units told me that at the speed we are going, we will be lucky if we are done by next Spring. And that is the gospel truth."

Com. Burrus, "Let me just reiterate the significance of all this. Most everybody knows that the state of Indiana is in the process of allowing the counties to issue last year's tax bills to cover revenue for this year. The bad part is they are going to be doing that at 95% of last year's tax bills. So if you take a look at the net shortfall, we will get 5% less from that figure plus we will not get the 5% increase we normally get. So, we are going to be looking at a reduced revenue for this year of about 10%. My understanding is that legislation may also make provisions to do this same thing again next year. If that is the case, we are really going to be in an exceptionally bad situation. Then we are going to have two years of the inaccurate bills to reconcile; probably in 2005. So from the point of view from our office and from county finances, your job is extremely critical right now and I would certainly request that you set the end of this year, December 31, as the target for completion so we do not have to go into the second year of these reduced tax bills."


Ms. LaFever, "I understand that completely. We knew it was going to be also in effect for 2004 because they can't do the 2003 work until the 2002 work is done. I invite any of you guys to come to one of our meetings, which we have with Data Processing and Plexis and yesterday we had a meeting with Center Township and I told them we have to be done by the end of December and they know that."

Com. Burrus, "We are only re-emphasizing. We don't have any background to know the technical problems you run into, but to the extent that you can encourage and push and do anything you can."

Ms. LaFever, "I would also like you to come to the meeting and understand what the problems they get, too. You are welcome to come to my office, too. The server is downstairs and sometimes it takes five to ten minutes to wait when you do one feature to go to the next screen. They know the importance of being done."

Com. Evans, "With Bethlehem's bankruptcy, that portion of the taxes they paid will now be shifted, will that occur with this assessment? Will it occur when these tax bills go out?"

Ms. LaFever, "I don't do the taxes, we only do assessed valuation. But if they don't pay, it shifts to everybody else in the county, that is common knowledge. I think you will have to speak with Mr. Hollenbeck to see how they have worked out the details. Mr. Hollenbeck is the one working out the details with Bethlehem. We will not get money from them until 2005 the way I understand it, if that is the question you are asking."

Com. Evans, "I am fairly current on the deal he cut with ISG and the purchase, but since there is going to be that large amount of money they were paying not coming in from any source, it is going to be shifted to all the other property owners; when will that occur?"

Ms. LaFever, "I don't know if Mr. Murphy is going to be able to make that adjustment for the tax bills that were sent out for 2003, I don't do that part of it. I don't know how Jim will do that. I don't have that answer, we only do assessed valuation, we don't do taxes. That is up to the treasurer and the auditor."

Com. Evans, "But that portion will affect everyone else's assessed value."

Ms. LaFever, "With less money coming in we all got to pay more. That is common knowledge. We also all got . . . (inaudible). I don't know how you could calculate that in the tax bills. Sorry."

Com. Sheets, "Is it possible we could get a periodic public update on how the process is going, whether it is getting better or worse. I don't think it has to be every meeting, but we need to have this discussion in public meetings. We would appreciate that."

Ms. LaFever, "No problem."

Ms. Lippens, "Just to let you know the next meeting we have with Plexis, if you are interested in attending, is Monday, March 10 at 10:00 and we meet in the third floor meeting room. Again, I would invite any of you to come down to my office, I am right next to the server and you can see the speed issues and it is not the hardware or communications, it is the way the software is written. When I first logged on myself, I was amazed. I haven't seen anything that slow in a long time. They eliminated some things, too. You can't even look up a property by name. You have to know the parcel number. They did that to help the speed. The assessors end up having to have two different terminals up so they can move it up by name and one for parcel. It is very cumbersome."

Com. Evans, "Are other counties experiencing the same thing? It is entirely the software and has nothing to do with our server?"

Ms. Lippens, "No, its not that our server isn't up to par or that the equipment they are using to access is not up to par. They are all the new equipment that we purchased when the Plexis contract was entered into. Obviously, they could be beefier as far as state of the art, but they are more than adequate. The company set out perimeters that said what the minimum requirements were and we are right at the recommended requirements. We have done everything from our end to make sure that we can handle it. It is just the way the software is written. It's not working very well."

Com. Evans, "Are they going to have to totally rewrite the software?"

Ms. Lippens, "I don't think they know right now. I think they are working on some things to try and improve it but they really don't know what the problem is so they are looking at one thing and saying this might help but if it doesn't, they look at the next thing. They are hoping to find out what it is. The same software is being used in many counties but I don't believe statewide. I think Plexis and Manatron are the two companies."


Memorandum of Understanding with State Board of Health and Data Processing
Sharon Lippens, Data Processing Director
Keith Letter, Health Department Director

Ms. Lippens, "I have two memorandums of understanding. The first one is in regard to the Health Department and the Indiana State Department of Health. Keith can explain the donation the state has made."

Mr. Letta, "As part of the state's ongoing disease surveillance, bio-terrorism, they did a survey of all the county health departments and determined from that who should get some new computers. They looked here a year and a half ago and about a month ago we received fifteen brand new Dell computers from the state. They are top of the line, pretty much the latest and greatest thing from Dell. Thirteen computers for our office in this building and two for Portage. So what Sharon and Rich have been trying to do is work out some sort of a deal that we can enter into with the State Department of Health that makes everybody happy as far as who actually owns these things, who runs them, who maintains them, how they will be used, repaired, whatever. I think Sharon has come up with a pretty good memorandum for your consideration. If you gentlemen are in agreement with this, we will then get it down to the people of the state and see if they are also happy with it."

Com. Burrus, "They did not require or prepare a memorandum of their own? They were prepared to drop them off here without any kind of documentation?"

Ms. Lippens, "They did supply a memo that basically stated the equipment was determined to be needed based on the survey they did. It explains what the computers are and what they're loaded with and then it makes the comment the equipment will remain the property of the Indiana State Department of Health for two reasons. One is so they have licenses on the software that runs the computer. They have purchased those in a block with Microsoft; they cannot split those licenses off and say they are giving them to Porter County. They can allow us the use of them, but they have to retain the ownership of them. Any patches or updates that come with those licenses, we would automatically get through the time period as they have the licenses which is three years. They also purchased a three year help desk service where if there is a problem or failure they can call and someone from Dell dispatches a local representative. One of the issues we felt with that is that having our own in house data processing department they are going to get a lot better and quicker service if we go out there. Our technicians are also registered with Dell to perform warranty work, so we would probably be better off doing that service ourselves if the need arises. What we have done is outlined to the state that we understood that they owned them and why but that we felt more comfortable maintaining them ourselves and being able to manage them and control them and that they would be connected to the county's network. There could be issues with security on how they are set up and we would rather set them up to county's standard. I did speak with the State Board of Health and he indicated to me that they had talked about this and didn't see an issue. At first we wanted to have ownership, they explained to me the issue of licensing and therefore I understood why they needed ownership. We drew this up to try and be a win-win for both of us. That we could still keep the equipment and yet make the state comply with their licenses. There is an issue at the end of three years that is outlined in the last paragraph of the memorandum. That at the end of three years, there must be a decision made by the state of what they are going to do with these PC's. They are either going to give them to the county to own, or they are going to take them back. Whenever the state provides equipment, I have never, ever seen them take it back. Even if there is a legal issue with the licensing, if they were to donate them to us, they would have to be re-licensed in Porter County's name for the software at whatever that cost is. If we were to do that today, the cost is just under $8,000.00 in comparison to about $30,000.00 if we bought all new computers with new software licenses on them. At the end of three years, the decision will have to be made either the state allows us to take ownership, we re-license the software, or they take them back. If they take them back, then we have the issue of fifteen PC's that are now missing that need to be in the Health Department in order for them to do their work. What Keith and I had discussed was that the Health Department understood that they would be bearing any cost either way of what the state did at the end of the three year term."

Com. Burrus, "We had a conversation on this and one of the concerns I had was to the effect that if they did recall them, we would have a void to fill. I understand that since your visit with the state where they determined this need, you have since received some new computers and the need is not as severe as it used to be so this can be seen as an enhancement but certainly not a requirement. So as long as you are aware of the fact that there may be some amount money necessary at that point in time, and you are prepared to bear that cost, then I have no problem with this."

Com. Sheets, "I want to compliment Sharon for working this out with Keith and wish we were that successful with all the department heads. You come here with a plan rather than coming here and throwing up your arms and ask us to give you the money."

Mr. Letta, "I agree. This seems like a real good solution to the problem. One of the things is that the state deals with all 92 health departments and I think many of them don't have a Data Processing department or don't have one quite as advanced as ours is in terms of service and if we have a problem they are there within minutes as opposed to two or three days if you have to rely on the state for similar service. If there is a way this can be worked out, they can keep the ownership but Sharon's department will basically take them over. She explained the licensing issue to me and at the end of three years if we need to have those licensed to us, and the approximate cost is doable with our state money."

Com. Evans, "Is there a possibility at the end of three years that it would require a different software?"

Ms. Lippens, "It's possible. With the state's three year subscription agreement, any new versions that would come out, like say right now they have Windows EP and they would come out with Windows 2005 or something, then those would automatically be able to be loaded if we chose to do that. We can get the updates so at the time they would have to be re-licensed at whatever is current. That is why we said the $8,000.00 is today's number. I wouldn't expect it to vary all that much."

Com. Evans, "I think you both should be commended. I know our Data Processing Department is probably one of the most advanced in the state. I am sure you would rather see somebody walking across the hall to fix your problem than to have to call a number in Indianapolis or someplace. You are being commended for your work on getting those computers, including getting the donations from NIPSCO . Are those computers now going back to Data Processing?"

Mr. Letta, "That is the other part of this. This will free those up and I assume there are other departments in the county that could use them. Those are less than three years old. They can benefit somebody. We had to get something worked out because I am not going to be the one refusing computers given the conditions in the county. I am glad Sharon did such a great job with this."

Com. Burrus, "I am really quite amazed that the state didn't require some kind of custodial document about dropping these things off. This memorandum of understanding certainly is the appropriate document to have on file with respect to all transactions."

Mr. Letta, "We didn't even know when they were coming. The truck showed up and the driver was bound and determined to unload 15 computers and I wasn't about to argue with the Teamsters, so I let him in."

Com. Sheets, "I am glad you are here without your attorney. I am sick and tired of department heads who have an attorney who can't come here and speak plain English to us and have this conversation without having an attorney here. You find out how easy it is."

Mr. Letta, "In all honesty, Dave Hollenbeck knows less about computers than even I do."

Com. Sheets, "I hope to see you here a lot more with less attorney with you. I have always said that."

Com. Evans moved to approve the memorandum of understanding with the State Board of Health for computers in the Health Department, Com. Sheets seconded, motion carried.


Porter County Education Interlocal memorandum of understanding

Ms. Lippens, "The other memorandum of understanding is I was approached by John Growe, who is the director of Porter County Education Interlocal which handles all of the vocational classes for all schools, towns and counties. He approached me looking for someone to host their website. They have had problems with their website as far as having a place to house it. They don't have their own equipment or staff or monies to pay someone to house it. They have had it different places but they keep getting bounced around and lastly it was on the Lake County Library's website. They had e-mailed me and asked if it was possible that we could house their site. This site was already developed. It was handed to me on a diskette and is just a matter of loading it and getting it out. It really wasn't any work. They serve all of Porter County, including cities and towns, they didn't feel their website should be affiliated with any particular school because then other schools would feel they were more biased to that school. So it seemed appropriate that it would be on a Porter County website. We did look the website over and there were no issues with it being maintained on our equipment. They update the site once a year with changes of classes or instructors, but it is not a site that has a lot of maintenance to it like our site that changes constantly. It is pretty much the same throughout the year. We drew up this memorandum of understanding with them that we would house their website at no cost as a service to them and if by any chance we felt their website was causing excessive traffic to our server or if we got static from other people or we felt that it justified within thirty days, give them notice that we would no longer house their website, they could also do the same for us if they decided to do their own. This kind of outlines that we are going to house their site at no cost, provide the infrastructure, we are not responsible for what their website says, and we still own all the equipment. They did state that if there was an excessive amount of traffic, we have watched their counter and they don't get a lot of traffic, but if increased traffic caused degradation in our Internet circuit, they would entertain maybe sharing some of the cost if we need to increase the speed. We would have to work that out later. I don't foresee that happening, but they did offer that at the beginning. Basically, our staff will make their minimal changes each year and we are doing it for a public service for educational purposes."

Com. Evans, "Can you get a copy of their domain registration and their administration to make sure it is current?"

Ms. Lippens, "They don't have domain, they will be running as a subsequent page of ours. They are going to be www.porterco.org/pcve , so there isn't two registrations on there."

Com. Sheets, "As long as we understand we do this on a case to case basis. If we get too many people ask and we can't accept them, then we may have to ask them not to be on it. The other point is John has done a super job with the youth in the Porter County. I have attended many functions that honor them. I was at Union Township School last year when they had the honor roll there and acknowledged them and the auditorium was full. It is not just a few children. I have been at more than one function that the Homebuilder's have to acknowledge John and some students who work in the homebuilding. They hire these students and put them to work and train them. It is well attended and it seems it is always the parents are there and involved. They do an excellent job and anything we can do to assist them, I would support them."

Ms. Lippens, "He told me they have about 900 kids that participate in the program and he did give me a flyer in case anyone is interested."

Com. Sheets, "I think we are all familiar with what they do and the goodness they do. Not all high school graduates are destined for college. They need vocational training."

Com. Sheets moved to approve the memorandum of understanding with Porter County Education Interlocal, Com. Evans seconded, motion carried.


COMMISSIONERS' REPORT

North District: John Evans

1. Road Agreement for Pine Minor Subdivision 2314-B-1, located on the north side of CR 1225 North between Brummitt Road and CR 325 East. Offer to contribute $750.00/lot for a total of $2,250.00. Owners and subdividers are John A. and Shirley A. Blossom. Recommend approval.

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

2. Road Agreement for Westchester Minor Subdivision 2214-A-1, located on the north side of CR 1225 between Brummitt Road and CR 325 East. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are John and Betty Blossom. Recommend approval.

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

3. Road Agreement for Jackson Minor Subdivision 2418-D-1, located on the west side of
CR 400 East between CR 1000 North and CR 1050 North. Offer to contribute $750.00/lot for a total of $2,250.00. Owner and subdivider is William J. Rensberger. Recommend approval.

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


Center District: Larry Sheets

1. Road Agreement for Washington Minor Subdivision #2535-B-1, located on the south
side of CR 200 North between CR 400 East and CR 450 East. Offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Frank Pressel. Recommend approval.

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

2. Road Agreement for Union Minor Subdivision #0237-A-1, located on the southwest corner of CR 100 North and CR 700 West. Offer to contribute $750.00/lot for a total of $750.00. Owner and subdivider is Vincent D. Slack. Recommend approval.

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

3. LPA Claim voucher #4 to reimburse the County for $756.00 for right of way services for CR 300 West from US 30 to SR 130. Companion Claim #4 for $94.50 (half the local share). Recommend approval.

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

4. Glenwood Hills Subdivision, Unit IV Performance Letter of Credit #00036880 from
Bank One in the amount of $15,000.00. New expiration date is February 28, 2004. Recommend approval.

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

5. CR 300 West Supplemental Agreement #5 between Butler, Fairman, & Seufert, Inc. and Porter County Commissioners. This is for additional services to amend the project scope. This is for an increase fee of $52,400.00 from a lump sum cost of $492,260.00 to $544,660.00. This Supplemental Agreement is to be sent unsigned to INDOT for their review. It will be returned for signature later.

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

6. Letter to Bruno Canzian, INDOT, concerning the CR 300 West Project requesting an increase authorization of additional federal funds for right of way acquisition costs from $710,000.00 to $1,750,000.00. This cost is based on current appraisals completed. We are in the process of appraising the property all along there and making the offer to purchase.

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

7. Boynton's Acres Subdivision Performance Letter of Credit #703 from Centier Bank in
the amount of $27,000.00. Expiration date is February 27, 2004. Recommend approval.

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

South District: David Burrus

1. Road Agreement for Porter Minor Subdivision #1146-C-1, located on the south side of
CR 375 South between CR 300 West and CR 200 West. Offer to contribute $750.00/lot for a total of $2,250.00. Owners and subdividers are Gene and Diane Eldridge. Recommend approval.

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

2. Road Agreement for Aaron Estates Subdivision located on the northwest corner of SR 8 and CR 400 West. Offer to contribute $750.00/lot for a total of $9,000.00. Owner and subdivider is Keith Freyenberger. Recommend approval.

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

3. Road Agreement for Pleasant Minor Subdivision #1658-C-1 located on the east side of Baums Bridge Road between CR 950 South and CR 1050 South. Offer to contribute $750.00/lot for a total of $750.00. Recommend approval.

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


CORRESPONDENCE

Weights and Measures monthly report for February 2003 is on file.


Approve public official bond for Boone Township Assessor

Com. Sheets moved to approve the bond for Delphine Eck, Boone Township Assessor in the amount of $8,500.00, Com. Evans seconded, motion carried.


Request for additional appropriation-Highway Department

Fund 26 $ 15,000acct 2261salt
65,000acct 2362.191bituminous
65,000acct 2362.291bituminous
65,000 acct 2362.391bituminous
65,000acct 3950.191contractual services
65,000acct 3950.291contractual services
65,000acct 3950.391contractual services

Salt budget has been depleted for the year.
Additional bituminous needed for blacktop work this season
Projected revenue estimate was insufficient for contractual services.

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

RECESS

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


AFTERNOON SESSION--PLAN COMMISSION, 1:30 P.M.

Rezone, R1 to PUD, Jeff Bann, 2nd reading

Com. Burrus, "This is a rezone petition from R1 to PUD for a parcel owned by Jeff Bann and this is the 2nd reading."

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

Rezone, Amend PUD ordinance, Aberdeen Phase I, Benchmark Ltd., 2nd reading

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

Rezone, C2 to C4, Corey Geck, owner, 1st reading

Steve Nigro, "This went before the Plan Commission with a vote of 9-0 with unfavorable recommendation. We did receive a letter from the Natural Parks Department that was not in favor of the proposed use that was going to go along with this rezone change. And also the rather dangerous location on U.S. Highway 20 for this."

Com. Burrus, "I assume there is no one here to speak in favor of this. We will close the public hearing on this and discuss this."

Com. Sheets, "This young man wanted to go to C4 because he repairs cars and does body work. We always, to my knowledge, send a letter to the National Lakeshore and state park when we have something of interest to them. They are very good about responding and this is one of the very few times they responded with a negative response and very specifically talked about the environment, the types of solutions that might be used. That was my reason for not supporting it. I don't know if this young man will stay in business, but the zoning stays there. It was the Parks that was opposed to it for specific reasons. It was unanimously turned down."

Com. Burrus, "The site is located on the north side of US 20 between CR 300 East and CR 375 East. Where is that with respect to the national park?"

Mr. Nigro, "The northern part of the property can't be more than 200 feet away from it."

Com. Evans, "That area is not generally used for this type or any type of commercial use that I am aware of and if the National Park is against it for reasons of potential environmental hazards, we should listen to their reasons. It looks as if there would be a problem with the ingress and egress and he states this is a project he wants to do so he can sell these cars through Ebay. It appears that he could do that from a piece that is already properly zoned."

Com. Evans moved to deny the request of C2 to C4, Com. Sheets seconded,

Com. Burrus, "I just want to iterate their concerns stated in the letter. They indicated that they are concerned this may pose a threat due to the use of cleaning solvents, auto lubricants, anti freeze, etc. That was their concern on that."

Motion carried.


Request for copier for Judge Jent

Com. Burrus, "We have a couple other topics here to be addressed. One of them is the request for xerox copiers. John, you are familiar with the request of Judge Jent indicating her machine was not functioning properly and was getting old and needed to be replaced. There is a similar request from Juvenile Detention and the Treasurer. Currently we have lease agreements with a supplier for the Juvenile Detention Center and Treasurer paying $1,030 a month for those two machines. Linda has made contact with several different xerox machine suppliers and has come back with a very attractive solution to these requests. They are prepared to provide a new machine, different qualities for each of these users. The sum total per month, with a built in maintenance agreement, would be $695.00 per month. So we are looking at a $335.00 reduction. This is for 3 new machines. We need to determine if this is what we want."

Com. Evans, "Judge Jent is in dire straights, they make a lot of copies and they really, really need it."

Com. Burrus, "This morning we discussed the proposal they had and it was $747.00 and Linda was able to negotiate it down to $695.00."

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


Traffic conditions at State Road 2 and Highway 30

Com. Burrus, "I would like to mention that approximately a year ago we had a number of complaints and requests for assistance on traffic conditions at State Road 2 and Highway 30. At that time, we explained it was a state highway issue but yet we wrote a letter to LaPorte District Highway Office and also to INDOT. We have had a couple of calls regarding the condition of the railroad crossing now on Highway 130 where it crosses the Grand Trunk just west of Valparaiso. I have been over that one recently and it is in terrible shape. The question is does the board want to take any action with respect to a letter to either INDOT or the railroad?"

Com. Sheets, "Yes, send a letter to the railroad with a copy to INDOT."

Com. Evans, "Before sending a letter, have Dave Schelling do an evaluation of that."

Com. Sheets moved to write a letter to the railroad, Com. Evans seconded, motion carried.


Com. Burrus remarks on COIT

Com. Burrus, "There is one comment I would like to make and Dustin, you are the only representative of the press here so you will be the sole beneficiary of this statement. As we are into the month of March now and with the deadline for any kind of county option income tax approaching on the 31st, I don't think I, or this Board, has any way of predicting what the outcome is. There are one or two points I think are significant that we need to keep in mind. I am talking about us as government officials and also the public as the recipient of whatever action comes down. The state of Indiana has offered these three income tax options to us as a means of making up any kinds of deficiencies in county or local funding. They have three primary functions. CEDIT, or EDIT tax is primarily for economic development or capital improvement. The COIT is primarily for generating new revenue and the CAGIT is primarily for property tax relief. I had no way of knowing of what might happen but I am concerned to the point that I would like to make it known and very clear, that in as much as the CAGIT can be implemented by the County Council, and if they choose to do that, I would hope the public is keenly aware of the fact that it does have the property tax advantages but it definitely will not be sufficient to solve the county's financial problems. If that tax does end up being passed, I don't want anybody to be misconceived to think that the financial problems are going to go away. It will take some form of tax that has the generation capability of new revenue and we know that the COIT is primarily for that purpose. If the CAGIT is passed, it does have the opportunity of being combined with CEDIT or EDIT, and that would have some additional benefits, but it is questionable that the combination of those two would generate enough new revenue to balance the budget. That was the point I wanted to stress to make sure there was no misconception as to what this potential tax of CAGIT could and could not do. Anything else? If not, we can recess."

Com. Sheets 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