PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 15, 2003



The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, April 15, 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. Evans moved to approve the payroll of April 7, 2003, Com. Sheets seconded, motion carried.


SALE OF PORTER COUNTY CONVENTION RECREATION & VISITOR'S CENTER
John Johnson, M.D., President of Porter County Convention, Recreation and Visitor's Commission

Dr. Johnson, "On behalf of the Visitor's Commission, I am here today to ask you to allow us to enhance the annual revenues of Porter County businesses by $24 million dollars, create 421 new jobs and contribute an additional $750,000.00 in new tax revenue to the County's general fund. I am requesting no new county tax dollars and no funds from the current county treasury to accomplish this. I request the opportunity to sell the current Visitor's Center at 800 East Indian Boundary Road in Chesterton which was paid for through tourism dollars. The use of the proceeds from such sale would be restricted by Indiana Law to tourism related activities and may not be utilized as part of the county general fund or for other county or municipal projects. The proceeds from such sale would be used to meet the federal TEA-21 grant requirement for a local 20% match to facilitate the acquisition of land and construction of a new Visitor Center along State Highway 49 North of I-94. To date, the Visitor's Commission has received three (3) TEA-21 grant awards totaling $1,556,101.00. This year we have submitted a new application for an additional $810,299.00. We would anticipate a minimum of $700,000.00 in proceeds from the sale of the Visitor Center, after expenses. The required process for selling the current Center entails the acquisition of two (2) appraisals, a formal closed bid process, and the public opening of bids and the award to the highest bidder who exceeds the minimum established bid for the building and land. We would anticipate providing two (2) bid options: sale with immediate occupancy and a sale with the Commission's right to occupy until December 2004. If the sale of the Center is authorized by the Commissioners and the Council, the Visitor's Commission and its legal counsel would be willing to undertake the legal process for sale of the Center on behalf of the Commissioners or, certainly, the Commissioners may manage the sale at their own discretion. Thank you for the opportunity to appear before you this sunny April day, tax day nonetheless, and thank you for your consideration."

Com. Sheets, "I know this is not the property that you personally wanted if I remember, but this is on 49 and I think we are all in agreement that this would do. I certainly commend you for the work you have done and I know John personally worked hard to get those TEA-21 grants. I know you have done an excellent job and you need to be commended on that. I approve this and wish you well and continue doing well. You are really an asset to the Tourism Board. You are much easier to work with than some of the others and have stayed here longer. I appreciate it and one other comment. People think I am being facetious when I say this. I am so glad when a board member or a director is here to make this presentation rather than your attorney. I want to know you people know what you are doing and you do. I make this comment a lot; I want people to be here and present their own case so I can talk to them so I know they know what they are doing. I am not being facetious when I say that."

Com. Evans, "I want to also compliment you on your interaction with the other agencies that are going to be involved with the new center. I think that is something the whole county is going to greatly benefit from. Especially the education aspect of it and combining it with other people that are going to be involved. You are to be commended."

Com. Burrus, "Can you recap the numbers you gave us?"

Dr. Johnson, "We have not established a minimum bid. We have not seen the two appraisals yet; they were pending at our last meeting so once we receive the appraisals, we would try to establish a minimum from the bid at that point."

Com. Evans moved to allow the sale to proceed and allow the PCCRVC to take care of it themselves, Com. Sheets seconded,

Atty. Hollenbeck, "As I understand it you have authorized us to proceed with the sale of the building and we report back to you on the results of the opening of those bids."

Motion carried.


REPORT FROM COMMISSIONERS

North District: John Evans

1. Jackson Minor Subdivision # 2619-B-1 Road Agreement, located on the south side of CR 1000 North between CR 400 East and CR 475 East. Offer to contribute $750.00/lot for a total of $3,000.00. Joellyn Leasure ( Estate of Dale A. Lively) owner & subdivider. Recommend approval.

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

2. St. Andre Subdivision Performance Letter of Credit #526 from Centier Bank in the amount of $59,000.00. New expiration date is April 10, 2004. Recommend approval.

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

3. Jackson Minor Subdivision 2721-B-1 Road Agreement, located on the south side of CR 900 North between CR 550 East and CR 500 East. Offer to contribute $750.00/lot for a total of $1,500.00. Jeannine G. Dore Revocable Trust, Owner and subdivider. Recommend approval.

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


Center District: Larry Sheets

1. Utility Agreement for Verizon to set a new pole on the southeast corner of SR 2 and CR 400 North. Recommend approval.

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

2. Union Minor Subdivision #236-C-1 Road Agreement, located on the north side of CR 100 North between CR 750 West and CR 700 West. Offer to contribute $750.00/lot for a total of $750.00. Marilyn J. Rogowski, owner & subdivider. Recommend approval.

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

3. LPA Claim voucher #5 to reimburse the County for $6,380.00 for right of way services for CR 300 West from US 30 to SR 130. Companion Claim #5 for $797.50 (half the local share). Recommend approval.

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


South District: David Burrus

1. Lamplight Lane Subdivision Acceptance Form and Maintenance Letter of Credit # 706 from Centier Bank in the amount of $15,100.00. Recommend approval.

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

2. Fieldstone Manor Subdivision, Phase I, Performance Letter of Credit #704 from Centier Bank in the amount of $65,000.00. New expiration date is March 27, 2004. Recommend approval.

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

3. Fieldstone Manor Subdivision, Phase II, Performance Letter of Credit #705 from Centier Bank in the amount of $18,750.00. New expiration date is March 24, 2004. Recommend approval.

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


CORRESPONDENCE

Court Security Activity Report for March 2003 is on file.
Juvenile Detention Center 2002 Annual report is on file.
Veteran's Service Officer Monthly report for March 2003 is on file.
Porter Township Quarterly Poor Relief Report through March 2003 is on file.
Building Department monthly report for 2003 is on file.
Clerk's office monthly reports for January and February, 2003 are on file.
Treasurer's monthly report for March 2003 is on file.


Move polling place for Westchester 1 to the Chesterton Library Annex

Com. Evans moved to approve the move of Westchester 1 to the Chesterton Library Annex at 100 W. Indiana Avenue, Chesterton, Indiana, Com. Sheets seconded, motion carried.


Approve Preventative Maintenance Agreement for mail machines

Com. Sheets moved to approve the agreement for the mail machines and scales located in the Courthouse and Administration Center for $1,200.00, Com. Evans seconded, motion carried.


UNPAID TAXES IN PORTER COUNTY

Com. Burrus, "I have one comment before we recess. I have the printouts here from the treasurer's office that represent delinquent tax payments. The smaller group is made up by bankrupt firms in Porter County. The larger group here are solvent firms or individuals who have chosen to not pay their taxes. A number has been given to me, there are about 19% of the tax dollars due that have not been paid. The treasurer's office has gone through the normal procedures of sending out letters demanding payment. They have sent certified letters as a follow up to that and with respect to those certified letters, the postage which comes out of the Commissioners' budget has totaled something in the neighborhood of $12,000.00. So at a time when the public has instructed us to be frugal, to save money, and to cut money, we are finding the scoff laws of delinquent tax payers are not only not paying us the money we are due, but they are also costing us additional money to try to track this down. I would recommend to our board, and I would ask the press to make note of this, that we give these taxpayers 30 days to make payment and at the end of that period of time, we will make the names of any remaining on this list public. Any comments or questions?"

Com. Evans, "I agree totally. I went through that list and I was kind of shocked at the names that appeared there. I don't think those people would enjoy reading their names in the paper and maybe it is a way we can get the treasury beefed up a little bit where it belongs."

Com. Burrus, "The total number of dollars is about $1 million outstanding from solvent individuals. That would go a long way in relieving some of our financial concerns."

Com. Burrus moved to make the notice of 30 days for payment due and after that time, the list would be made public, Com. Evans seconded,

Com. Evans, "I think we need to mention, too that some of those companies are out of Gary, landlords, and the biggest one on there and I think one of the newspapers published their name the other day. I don't know how we need to do that, but I think we need to bring pressure here on them as well. They are located in Pittsburgh, Pennsylvania and owe the county over $57,000.00. So whatever works, I think we need to do."

Com. Burrus, "We intend to pursue this."

Motion carried.

Com. Sheets, "Is this a million dollars the county would get or is this to be divided?"

Com. Burrus, "My understanding is this is the total tax due so we would get a portion of this. And that is another point that should be made. Again, this is the county's responsibility but we have a number of other tax entities that receive money through this process. The county is footing the bill of $12,000.00 for postage to try and make good on these tax payments. It will be distributed to everyone that is entitled to them."

Com. Sheets, "Are these people we have sent the registered letters to can we recoup that cost or can the treasurer do that?"

Com. Burrus, "No."

Com. Sheets, "The other comment I want to make is, the circles I move around in, whether the restaurants or shopping, or different places I go, nobody is talking about the County Option Income Tax. They are talking about is the school systems that are giving out notices of reduction and these appear to be permanent. They really need this as much as the county does. All units of government are not in a rosy position as far as finances."

Com. Burrus, "That is one of the things we have been pointing out to a number of people. That is the county, in my view, was a lead indicator of fiscal problems that were going to be happening to other units of government. In talking to school superintendents, they have indicated that their revenue from the state has been adjusted downward and they also have seen their grant money sources dry up. It has a striking resemblance to what we are talking about. That is just to maintain business as usual, we have seen a significant drop in revenue. In the instance of the county, we have committees established to investigate our efficiencies and those kind of things may help, but I am curious to see if those same kinds of levels of attention will be directed at all other levels of government when their financial problems arise. This whole situation is not going to stop at the Porter County level. We do not have an afternoon session of Plan Commission. They don't have any business for us today."

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


With no further business to discuss, the meeting was recessed.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor