PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 6, 2003

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, May 6, 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 CLAIMS

Com. Sheets moved to approve the claims of May 6, 2003, Com. Evans seconded, motion carried.

APPROVAL OF PAYROLL

Com. Sheets moved to approve the payroll of April 21, 2003, and May 5, 2003, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

Com. Sheets moved to approve the minutes from April 1, 2003 and April 15, 2003, Com. Evans seconded, motion carried.

INTERIM APPOINTMENT TO BOARD OF DIRECTORS, NATURE CONSERVANCY DISTRICT-David Hollenbeck, Attorney

Com. Burrus, "Attorney Hollenbeck is in a meeting in another office on some other issues.
We can probably go ahead with this until he shows up."

Com. Sheets, "This is the Nature Conservancy District out at Aberdeen. They have a conservancy district and they have board members. The Natureworks District unanimously recommended that we appoint Mr. Tim Dehring. He and his family reside in Aberdeen Subdivision for the past six years. His background includes a B.S. Degree in Wastewater and Water Resource Engineering, and a Masters' Degree in Management. My recommendation is we accept their recommendation."

Com. Sheets moved to approve Mr. Tim Dehring to the Natureworks Conservancy District,

Com. Burrus, "Any further comments?"

(Attorney Hollenbeck entered the chambers.)

Atty. Hollenbeck, "I am here now and I apologize for being late. I also know the joy with which Commissioner Sheets likes to see lawyers, so I apologize."

Com. Sheets, "I don't have a problem with attorneys, I would much rather see department heads come, that has always been my position."

Atty. Hollenbeck, "Well, Barb Young would have loved to be here, but she is out of town."

Com. Evans, "She is another attorney, anyway."

Atty. Hollenbeck, "That is true, now that you mention it."

Com. Evans, "I would like to second the motion with great thanks for someone so qualified to be on such a board."

Com. Evans seconded, motion carried.

WORKER'S COMPENSATION REPORT–
Mike Anton, Anton Insurance Agency
Matt Minch, IPEP

Mr. Anton, "We would like to take a few minutes to discuss the Workman's Comp situation for the county. With me today is Matt Minch from IPEP. That is the Indiana Public Employer's Plan, which is your work comp carrier. What has precipitated this discussion is we are experiencing some deterioration in the county's work comp situation. Our experience modification factor has gone up. The modification factor and the calculations of the premiums represent that mechanism that distinguishes one entity from another in the work comp mechanism. So a modification factor of 1 would be (inaudible)_________, that would be the same standard issued rights. A lone 1 would be you are getting a credit and above 1 means you are being surcharged for experience. Currently the county's experience modification factor is 1.33. So we have what we think is a serious situation. The modification factor I should point out is based on the claims experience from the prior 3 years excluding the most recent prior year. So in this case for 2003, we are excluding the most recent policy year of 2002 because they don't have that data factored into the equation. So we are dealing with the years of 1999 through 2001. What concerns us a little bit, why we need to take some action in our opinion is we drop off after this year, 1999 and will pick up the year 2002. In 1999 we had an extremely good year with claims reaching $36,000.00. In 2002, our claims were $96,000.00 so the point is if it doesn't improve in 2004, because our numbers are just not going in that direction. So we need to get 2003's numbers as best as we can maintain them and continue in that kind of cycle. Historically, the county has gone through different cycles. There has been years when we had excellent claim issues and we have had excellent modification factors. We are just in a cycle now that is a little difficult. We had 2000 and 2001 were fairly horrendous with claims and we are going to have to rehabilitate our situation from that. I would like to turn this over to Matt and he will share some information that IPEP has put together and some of their recommendations."

Mr. Minch, "I want you to know where we are coming from as an insurance company. I wrote about it on the first page there what IPEP is. It's a non profit self group-funded worker's compensation risk sharing program. The premium amount you pay is a contribution that goes into a group fund and out of that fund comes the payment for claims of lost time. It is not a typical insurance company that is going to withhold the money and then pay out when the claim occurs. You are sharing the risks with the other entities that we deal with and we deal with nearly 1000 in Indiana. So when an accident happens here and it is costly, it affects all of our members in one way or another. I wanted you to know where we are coming from. I have given you a bunch of information there. On the first page of the package it will tell you what we have done so far this year as far as claims, what they cost, the initial incurred is the amount that will equal out as a reserve and we put aside to wait to see what claims go to trial. The amount paid is the actual amount that has been paid. It will tell you which departments are having the most claims and it will tell you what type of claim it was and what type of injury occurred. So far this year you are doing pretty good. There is another page that tells you how you did in 2001 which was not a good year. As Mike mentioned, when you have these bad years, that is what affects your premium amount. Your premium amount is going to keep going up each year. There is a break down by department in there. Since the Sheriff's Department is the largest in payroll, they are going to have the most claims as the largest and most hazardous jobs. So that is typical there."

Com. Burrus, "The two largest are the Highway and the Sheriffs' Department?"

Mr. Minch, "The Highway would be the second largest and hazardous."

Com. Sheets, "That is typical across the state?"

Mr. Minch, "We have dealt with 92 counties and we deal with over 60 of them now. They keep dropping off, and we deal with over 60; the majority of them in Indiana. I get out and visit these counties and I see what programs they have in place. They send me out to control these costs for the different entities that we deal with. Typically, across the state, the Highways and the Sheriffs are going to be the highest. We have a recommendation page at the end that mentions formation of a task force or a risk safety committee. This is something other counties have done and it has been effective. We have other counties that have had a risk manager. I don't know if that is something that you have looked into. This task force would look at injuries and be able to analyze them and find out how to prevent them from happening again. It would set policy or recommend policy. You are probably deficient in a lot of areas from what I already noted you are deficient in some written policy areas. That is why I have included in here a sample loss supporting guidelines, in the first folder there. This was provided by the city of LaPorte and it has been very effective to them. Being a city, it is different and it is a sample only. This is the effective procedures for reporting an injury. When an injury happens, what does the employee do? What is he required to do? Is it in writing? It should be in writing. Should by posted in each department. The reason being is if we have an employee that chooses to go to his own doctor or hospital when you have a procedure that is for the occupational clinic and he does that, it is incurring extra costs that may be unnecessary. That is the kind of thing we want to avoid. We are looking out for the interest of all of our members. That is what this sample is intended to show you, proper procedures for reporting. It defines lost work cases, gives the definition for these different types of cases. Whether they be lost work or lost time or restrictive, medical treatment all the way. This is something to be implemented and I think would be helpful."

Com. Sheets, "Would this committee and the leader of this committee be made up of people within the county? I mean county employment? Is that typical?"

Mr. Anton, "Yes. I think on our recommendation. I think we are jumping ahead of ourselves. Our recommendation would be that the Commissioners take under advisement the establishment of an Occupational Safety and Health Program which would create a plan and create a safety committee that probably consisted of somewhere between six and ten representatives from the county. Probably at least one Commissioner representation and have certain representation, to our way of thinking, from the Highway Department, the Sheriff's Department, since those are the two principle departments that because of their payrolls and exposures they have a profound effect on the plan. But also, you have representation from the general employee staff. We do believe it has to be a Porter County committee and that committee initially could meet to establish a plan that they would bring back to the Commissioners for approval and acceptance. Part of their duties could be to review accidents of the future and make the determinations of whether or not those accidents would be avoidable. If safety rules were violated, for example, that action could be taken."

Mr. Minch, "All these things are important. I see how other counties do it and have seen it very effective in controlling their injuries."

Mr. Anton, "The last page has recommendations to supplement that to show this is a guideline that we have. It is pretty comprehensive. It gives you a detailed idea how a plan could be established. I think you could take those two guidelines and create the plan for Porter County. You certainly don't have to reinvent the wheel. There is some work involved. When you think of what the experience issue is doing in terms of the overall premiums, I think it certainly justifies those efforts."

Com. Burrus, "This issue has two components, one of them is the dollar amount of the claims and the other one is the number of claims. So if we look at what has happened and our operating history, what we have is somebody who punctured their thigh when they lifted a garbage bag, not a significantly expensive claim, but when these things begin to add up in terms of numbers, that is another . . . "

Mr. Anton, "Well, the general rule in the industry is that frequency leads to severity."

Com. Burrus, "So what I am trying to get at is some of these minor ones are the ones we need to address as well."

Mr. Anton, "Absolutely."

Com. Evans, "My concern is the person who would head this committee, is kind of suggested in your hand out, is a human resources director. We have no such person."

Mr. Anton, "You are going to create the situation that fits Porter County's situation. I think the Commissioners retain the final say on anything that the committee can do. The committee is truly a committee, not an independent body and reports to the Commissioners for final determination. I don't think that committee would do anything independent of the County Commissioners."

Mr. Minch, "I can tell you what the city of Valparaiso does because they are also members of IPEP. They have two committees; a safety steering committee and a safety committee. The safety committee is made up of department heads and safety offices that have been chosen out of departments. Several of them are department heads. This safety committee answers to the steering committee. The steering committee meets quarterly, the safety committee meets monthly. They are the ones that get into the injuries and look at them. They are out with the employees and they answer to the safety committee then the steering committee is chaired by the mayor. He enforces the whole safety program."

Com. Burrus, "For the two years John and I have been here, we have had on occasion, what I would call safety audits. We have a meeting with the Sheriff's Department and the Highway Department and we review procedure and safety policies and so forth. Those kinds of things are not considered sufficient or adequate?"

Mr. Anton, "You are talking about typically, an annual review. Matt has been here for several safety meetings with the Highway and I know we have had him out to the Sheriff's Department to review procedures. It is not an ongoing program. This is not something to be successful at that you can review once a year and in effect do an audit retrospectively and do it in a sense by recollection. I think it is a type of loss control activity that Matt is indicating that in other entities they do it on a monthly basis or on an as needed basis to review claims. One of the most important things from my experience with this type of loss control, is when you have incidents occur, and you review them, the key question to ask a particular individual that may have been injured, and we have to keep in perspective that we are sitting here to talking about a model of 133, and we are concerned about the premium issues, but the utmost concern is for the well being of all the county employees. That is our primary thing; that nobody gets hurt in the first place. If that is the case, the county benefits from all the derivatives from that. When you have incidents and if you are involved in an incident yourself and you have to go before a committee of your peers and you have to explain what transpired that resulted in your injury. Then the question comes, could this injury have been avoided and you have to answer that. Most times, not all, the answer is probably yes. Then you are going to be asked what could you have done to avoid that injury. Historically, in my experience, that individual knows what could have been done to avoid it. So, we establish a high level of awareness in the process. That is really what we are trying to accomplish here, not to embarrass anybody or to punish anybody. We need to create a higher level of awareness within the employee group to be safety conscious, to take the proper precautions approaching something that might be a little bit suspect in terms of public personal safety. Just go about it with a safe attitude. We are not necessarily here today asking you to take some formal action. We want you take this under advisement because this is a big step for the county because of typically how the county has functioned in the past."

Com. Evans, "I think it is a good idea. The reviews could lead to a safer and better working environment. I think we ought to look into this."

Com. Burrus, "Possibly we could schedule some kind of work session that we could come up with some ideas."

Mr. Minch, "I could come back any time and offer my services."

Mr. Anton, "I will get back to you gentlemen on this."

OFFICE HOLDERS/DEPARTMENT HEADS
Sandy Ogle, Director Porter County Animal Shelter

Ms. Ogle, "The County Council requested I cut my budget by $24,325.00 and meeting with you a couple weeks ago, an alternative was to increase the fees at the animal shelter. With past statistics, with this fee increase you have in front of you, we hopefully raise another $27,000.00 the last eight months of the year. I gave Linda a modified list last week but I forgot to add a fee increase on there, the impound fee."

Com. Burrus, "I think we have it on here, we show from $25.00 to $75.00."

Ms. Ogle, "Yes."

Com. Sheets, "We have reviewed this and think it is appropriate, not only because of the financial crunch, but because it has been a long time since we raised it and we have to keep operating."

Com. Evans, "I think Sandy is to be commended, it was either do an increase or lay off people and she works with a very low amount of staff as it is and they do a great job and it is not a job everyone would like to do. Cleaning out kennels is not on the top of everyone's list. But that is where they start and that is what they do. Besides Sandy, her Board needs to be commended; she has a great Board that works together closely. They don't even pay themselves, they work for free so I think the whole structure down there speaks volumes to the way Sandy runs that post."

Com. Evans moved to approve the animal shelter fee increases,

Atty. Rinkenberger, "We are going to do this by ordinance so the motion will have to be to approve the first reading of the ordinance that will be prepared setting these fees and then we will have to publish them because they are fees. Then we have to have a second reading."

Com. Evans moved to approve the animal shelter fee increases on first reading, Com. Sheets seconded,

Ms. Ogle, "Do I need to come back in a couple weeks for the second reading?"

Com. Sheets, "If it is on the agenda, you don't have to."

Com. Burrus, "I have a couple remarks about the people involved. I think it is important to note the services of the animal shelter are provided 24 hours a day, 7 days a week and that any kind of change in personnel numbers would have certainly reduced that level of service, so that was one of our concerns as well. Another thing I would like to point out is we are under contract to provide services several municipalities and in as much as we don't get paid by all of them, this is another reason why these fees are going to have to be increased."

Motion carried.

Holly Seibel, Memorial Opera House Interim Director

Ms. Seibel, "I was asked to come before you about the vacancy for the facility director at the Opera House."

Com. Burrus, "That is the position formally held by Jackie Gray and you were the assistant. Now you have been the interim director for 10 months. With respect to your budget situation on the salary issue, you are now totally and completely independent of the general fund?"

Ms. Seibel, "Correct."

Com. Burrus, "The only remaining items that the Opera House receives any support from the County are involved with the utilities and some insurances?"

Ms. Seibel, "Just NIPSCO."

Com. Burrus, "You are very well on track for the objectives we had set when you came aboard and we appreciate that. What we talked about before was to fill the director's position on a permanent basis and Holly would possibly be the candidate for that. This is open for discussion."

Com. Sheets, "You have touched on every base that we need to talk about. She has reduced staff, she has reduced the commitment to tax dollars to the Opera House which is now zero. If there were nobody there, that building is a very wonderful architectural piece of property and we would have to maintain heat and lights there anyway. You are paying for your own insurance now through the ticket sales, not through county tax dollars. I think you have done a wonderful job and I support you being the director."

Com. Evans, "I think that is a great idea. I think what we should do is enumerate the other positions that have been vacated and those that would be consolidated."

Ms. Seibel, "The ones that would be vacated are the Operations Manager and the Production Manager. We would have the Facility Director, Cultural Projects Coordinator and Building and Technical Coordinator. We have gone from 5 to 3."

Com. Burrus, "Are you still maintaining the same level of performances?"

Ms. Seibel, "Yes."

Com. Sheets moved to approve Holly Seibel as the permanent Facility Director at the Memorial Opera House, Com. Evans seconded, motion carried.

CORRESPONDENCE

Veteran's Service Officer Monthly Report for April, 2003 is on file.
Weights & Measures Monthly Report for April 2003 is on file.

Late enrollee of Jeremy Alspach to Porter County Employee Health Benefit Plan

Com. Sheets moved to accept Jeremy Alspach as a late enrollee to the Porter County Employee Health Benefit Plan, coverage to be effective on May 1, 2003, Com. Evans seconded, motion carried.

Approve Public Official Bond for Commissioner Larry Sheets

Com. Evans moved to approve the Public Official Bond for Commissioner Larry Sheets in the amount of $300,000.00, Com. Sheets seconded, motion carried.

Request by Portage Community Hospital to use parking lot

Com. Sheets, "I think they need to show proof of insurance and I am sure they have that."

Com. Evans, "I think they need to show us named as additional insureds under their policy."

Com. Sheets moved to approve the request by Portage Community Hospital to use the parking lot of the North County Court Annex on Saturday, May 11, 2003 from noon until 3:00 p.m. for rededication of the facility, Com. Evans seconded, motion carried.

Request by Sons of Union Veterans of the Civil War to use the courthouse square for Memorial Day Service

Com. Sheets moved to approve the request of the Sons of Union Veterans for their annual Memorial Day Service on Monday, May 26, 2003 at 10:30 a.m. with a limit of one (1) hour, and proof of insurance, Com. Evans seconded, motion carried.



Request for Additional Appropriation-Highway Department
Fund 25$15,589.06acct. 9307material, labor and equipment
Boone Twp
$30,736.54acct. 9336
Pleasant Twp
$18,575.70acct. 9350
Liberty Twp
$20,351.81acct. 9379
Pleasant Twp
$34,012.54acct. 9395
Pleasant Twp

Bridges in need of repair:

Fund 02$25,000.00 acct 2360.191stone
$50,000.00 acct 2360.391stone

Stone needed for 2003 road construction

Fund 02$75,000.00acct 2362.191bituminous
$100,000.00acct 2362.291bituminous
$50,000.00acct 2362.391 bituminous

Bituminous needed for 2003 road construction

Com. Burrus, "Jack, we just read your requests for additional appropriation. Is there any further discussion that you need on that?"

Mr. Jarnecke, "No. Just split up the $100,000.00 between the three of them. (The rest of Mr. Jarnecke's statements were inaudible to the recording secretary.)

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

COMMISSIONERS' REPORTS

North District: John Evans

1. Utility Agreement for NIPSCO to set a pole in the south right of way of Tratebas
approximately 1060 feet west of CR 300 East. Recommend approval.

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

2. Midwest Steel Bridge Road Transfer Agreement, this is the bridge we had a hard time with this but the city of Portage wants this. It is on the May INDOT letting. We should accept this and have it delivered to Portage as soon as possible.

Com. Evans moved to approve,

Com. Evans, "I think the maintenance has been worked out; we are not going to maintain this. Do you want to hold off on this? I know they want to put it on their letting. I will rephrase my motion conditional upon negotiations with Portage and INDOT to remove us from the responsibility of maintenance of this bridge."

Com. Sheets seconded, motion carried.

Center District: Larry Sheets

1. Claim voucher #6 for CR 300 West, to reimburse the County for $11,472.00 for right of way services for CR 300 West from US 30 to SR 130.

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

Com. Sheets, "This is for 149 where we have had the appraisers go in and appraise work and to get our money back."

2. Center Minor Subdivision 1628-D-1 Road Agreement, located on the west side of
Campbell Street between Burlington Beach Road and CR 550 North. Offer to contribute $750.00/lot for a total of $750.00. Owner and subdivider is Arcola B. Gast.

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

3. Brook's Industrial Park Road Agreement, located on the west side of CR 325 East
between CR 300 North and CR 400 North. Offer to contribute $1,365.00/lot for a total of
$8,190.00. Owner and subdivider is Craig T. Brooks, Sr., Brooks Development LLC.

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

4. Union Minor Subdivision 336-C-1 Road Agreement, located on the north side of CR 100 North a little east of CR 700 West. Offer to contribute $750/lot for a total of $1,500.00. The owner and subdivider is Brian Svetanoff.

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

South District: David Burrus
(Informational purpose only)

1. INDOT Letter of Understanding for an Unofficial Detour for the SR 8 Reconstruction Project. A portion of SR 8 just east of US 231 will be closed for up to 30 days. The unofficial
detour that was video taped by INDOT is CR 900 South from US 231 to CR 500 West and CR 500 West from CR 900 South to SR 8. The project engineer has informed me that the road will be closed beginning May 12th.

Com. Burrus, "I think Dave Schelling has been dealing with this issue and I just wanted to announce that is the unofficial detour. The reason for videotaping is that we will be entitled to any kind of repair or reimbursement for damage done during that time. There doesn't seem to be any other business this morning. There will be no Plan Commission this afternoon. Any comments, John?"

Com. Evans, "I just want to remind everyone to vote today."

Com. Burrus, "With no further business to conduct, I will entertain a motion to recess."

Com. Sheets moved to recess, 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


PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 6, 2003


The regular meeting of the Porter County Board of Commissioners was reconvened on Tuesday, May 6, 2003 in the Commissioners' Chambers of the Administration Center.

Pres. Burrus called the meeting back to order.

Transfer for Highway Department

Com. Burrus, "We need to go back on record for a minute for this transfer for the Highway Department in the amount of $600,000.00 from the cable fund. I assume this will be divided equally among the three districts at $200,000.00 a piece. There is the possibility that we may not have a second reading on this so we wanted to have this available so the highway construction can start. Any discussion?"

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

With no further business, the meeting was recessed.


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor