PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 3, 2003


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, June 3, 2003 in the Commissioners' Chambers of the Administration Center.

Those present were Commissioners David Burrus and John Evans, and Attorney Gwenn Rinkenberger.

President David Burrus called the meeting to order with the Pledge of Allegiance.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of June 3, 2003, Com. Burrus seconded, motion carried.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of May 19, 2003, and June 2, 2003, Com. Burrus seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes from the special meeting of April 29, 2003, Com. Burrus seconded, motion carried.

VALPARAISO TRIATHALON, JULY 12, 2003, request to close roads in Lakewood Park
Jim Spanopolous and Bob Urschel

Mr. Spanopolous, "On July 12 we are going to have our first annual Valpo triathalon and it is going to start at Rogers Lakewood Park. What we are requesting is traffic control. We are asking if we can detour traffic from 8:00 a.m. to 10:00 a.m. on Meridian. I thought we could detour traffic going north on Meridian to go east on Burlington Beach to Calumet and going south on Meridian detouring them east at 600 North to Calumet Avenue. I don't think this will take more than 2 hours. I think it could be done in an hour and a half, but we are asking for a 2 hour window. We have all the four way stops and the non four way stops marked and I have guards from the Calumet Crank Club to man those areas. We have spoken with Mr. Jarnecke and he is going to provide barricades for us to help slow down the traffic along with signs. I talked to Chief Lain and we are going to have some assistance with some police cars and people from the Sheriff's Department. Each crossing will also have two way communication."

Com. Burrus, "Is this a fund raising event or strictly an athletic event?"

Mr. Spanopolous, "It is being put on by the Valparaiso YMCA and the Valparaiso Parks Department."

Com. Burrus, "Is this something you can accommodate, Dave?"

Chief Lain, "Well, I have had a number of conversations with these two gentlemen. The Sheriff's Department will support any effort in this regard. There are some issues that we discussed on other areas of the route. We can commit safety personnel to deal with traffic issues whether the roadways are closed and traffic is diverted. I think Jim has indicated probably two hours is a very outside length of time, probably a less amount of time will actually be required. Whether it is diverted entirely, we can provide personnel for those diversions or we can provide personnel for the spots dealing with traffic on an individual basis having individuals posted at each critical area and allowing traffic though as necessary as there are breaks in the bicycle traffic to allow for safe passage."

Com. Evans, "Are these reserve officers you are planning on using?"

Chief Lain, "A little of both."

Com. Burrus, "Okay, then it is fair to assume that prior to the event you will have worked out a finite plan that you can both feel comfortable with?"

Com. Evans, "No overtime involved?"

Chief Lain, "We are going to try and accomplish that."

Com. Evans, "Besides the bicycle riding, what other events will there be?"

Mr. Urschel, "There will be a quarter mile swim to start off with at Rogers Lakewood and as soon as the swim is over, there will be a 12.75 mile bicycle race and after that they will run 3.3 miles to finish. This will be not more than 5 miles from Rogers Lakewood."

Mr. Spanopolous, "It is exciting because we are capping at 400 and we have people from all over the Midwest. This is our first triathalon in Valparaiso and I think it could be something special for our community."

Com. Burrus, "The running portion would not be on the county road?"

Mr. Spanopolous, "We don't believe it is because it is going into the subdivision. We don't think that should be an issue."

Mr. Urschel, "The run is pretty much within city limits."

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


ORDINANCE SETTING A FEE SCHEDULE FOR PORTER COUNTY ANIMAL SHELTER
2nd Reading, Ordinance 03-05
Sandy Ogle, Director

Com. Evans, "We did this with respect to the Council's request that the Animal Shelter go back to an earlier year of operating expense with regard to their budget. But in order to keep Sandy from doing without staff that can answer calls to meet the Council's request to cut the budget, there became a need to increase the fees to generate cash in the amount of about $24,000.00. This projection will bring in about $27,000.00 for the remainder of this year and put us more in line with the rest of the fees charged to users of the shelters in the area. This is the second reading."

ORDINANCE NO. 03-05
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE SETTING A FEE SCHEDULE
FOR THE PORTER COUNTY ANIMAL SHELTER
_____
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
WHEREAS, I.C. 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, there is a need to impound animals at Porter County Animal Shelter; the care for such impounded animals being provided by the Board of Commissioners of Porter County pursuant to Ordinance No. 96-31; and
WHEREAS, there is a need to place an animal under rabies observation; the care for animals under rabies observation being provided by the Board of Commissioners of Porter County under Ordinance No. 96-31; and
WHEREAS, the Animal Welfare Board has approved a fee schedule for accomplishing the impounding, rabies observation and adoption of animals held by the Animal Shelter;
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED by the Porter County Board of Commissioners that the following fee schedule is approved:
Chapter 6.08.010 Fee Schedule
Dog Adoption$70.00
Cat Adoption$55.00
Rabbit Adoption$15.00
Rabies Observation1st$100.00
(Bite quarantine)2nd$175.00
(Increase by $75.00)3rd$250.00
Impound$75.00 Refuse to quarantine for rabies observation: added to observation fee or under investigation for cruelty/neglect
Disposal$20.00
Owner Requestdog$50.00
(Euthanasia)cat$40.00
Protective Custody $150.00 (Owner is arrested)
Livestock Reclaim$50.00
Reclaims1st reclaim:$50.00
Spay/neuter deposit$25.00
2nd reclaim$75.00
Spay/neuter deposit$25.00
3rd reclaim$100.00 Mandatory spay/neuter surgery prepaid from vet.
4th reclaim$125.00 Reclaims increase by $25.00 for lifetime of animal.
Reclaim Daily Fee$10.00 (Owner relinquishes custody/then reclaims or animal is picked up or under rabies observation and owner does not reclaim immediately. . . then $10.00 a day is added to reclaim fee or rabies observation fee)
Out of County Intake$25.00

Ordinance Nos. 96-26; 99-7; 99-15 and 01-02 are effectively repealed pursuant to the passage of this ordinance.
This Ordinance passed and adopted this 3rd day of June, 2003.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
s\David L. Burrus
s\John A. Evans
s\Larry D. Sheets
Attest: s\Sandra K. Vuko, Auditor

Com. Evans moved to approve the fee increases as requested in Ordinance 03-05, Com. Burrus seconded, motion carried.


ORDINANCE NO. 03-06, REPEALING ORD. NOS. 96-25; 99-7; 99-15; AND 01-02
1st reading

ORDINANCE NO. 03-06
PORTER COUNTY BOARD OF COMMISSIONERS
ORDINANCE REPEALING ORDINANCE NOS. 96-25; 99-7; 99-15; 01-02
_____
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to repeal Ordinance Nos. 96-25; 99-7; 99-15; and 01-02.

NOW THEREFORE BE IT ORDAINED THAT:
Ordinance Nos. 96-25; 99-7; 99-15; and 01-02 are hereby repealed.

BE IT FURTHER ORDAINED THAT:
Section 6.08 in the Porter County Code entitled Animal Shelter Fee will contain the new fee schedule passed by the Porter County Board of Commissioners pursuant to Ordinance No. 03-06.

This Ordinance passed and adopted this 3rd day of June, 2003.

BOARD OF COMMISSIONERS
Porter County, Indiana
s\David L. Burrus
s\John A. Evans
s\Larry D. Sheets
attest:s\Sandra K. Vuko, auditor

Atty. Rinkenberger, "This is something I did just to clean up the Code. All of these ordinances listed and the repealing ordinances were ordinances that had a fee amended here or there and we had several ordinances when we only need one. So all I need is a motion to approve Ordinance 03-06 repealing ordinance numbers 96-25; 99-7; 99-15; and 01-02."

Com. Evans moved to approve Ordinance No. 03-06 on first reading, Com. Burrus seconded, motion carried.

Com. Evans moved to suspend the rules and to pass Ordinance No. 03-06 on first reading, Com. Burrus seconded, motion carried.

Ms. Ogle, "Can these start right away?"

Atty. Rinkenberger, "No. We have to publish this."

Com. Evans, "It takes ten days for publication. As soon as the publication period has ended, which I think is ten days from the date of first printing."


AMENDING ORD. NO. 96-31 AND THE PORTER COUNTY CODE CHAPTER 6.04 ANIMAL CONTROL CODE---1st reading

Atty. Rinkenberger, "We have technically been citing people for animals running at large and when we took a close look at our ordinance, there was no specific language about running at large so we thought we would add language and that is the paragraph after restrained which prohibits people from letting their dogs run at large. Then we added some language about rabies control which the animal shelter requested."

Com. Evans, "This is basically for housekeeping, and I think it's fine."

Com. Evans moved to approve the first reading of the ordinance amending Porter County Animal Ordinance No. 96-31, Com. Burrus seconded, motion carried.

Com. Burrus, "As Sandy is returning to her seat, I want to make a comment for the benefit of the press. The animal shelter has had the experience last week of rounding up a stray animal. This is a jersey cow and to the extent that the newspapers could help us find the owners of this animal, we would appreciate it. In the meantime it is being cared for by some one in the 4H program. There is no rhyme or reason as to what kinds of experiences they get into."

Com. Evans, "In that same vein as long as we are appealing to the press, I noticed several articles bolstering the Hobart Humane Society. Our agency does just as good of job."

COUNTY COUNCIL TRANSFER FUNDS FROM BRIDGE FUND
Bill Carmichael, Council President
David Hollenbeck, Council Attorney

Com. Burrus, "We have an item we need to add to the agenda. This is for the County Council with Mr. Carmichael and Mr. Hollenbeck, it has to do with the semi-annual bond payments."

Mr. Carmichael, "It has been pointed out to us that we are going to be short funds to the tune of about $560,000.00 and the three payments that are due in June on the courthouse, this building and the Juvenile Detention Center. We have monies in those accounts but it is short, there is a shortfall of about $560,000.00. The only place we can really look at is the Bridge Fund, which currently has a balance of $1,075,000.00. We anticipate as soon as the tax bills are out that there will be some additional funds coming this year, 50% of what we got last year. Our current borrowing from the bridge fund is about $2 million, so this will leave a short balance on June 1, but if we get those tax bills out and we get payments in by July 1st, you will have some additional funds to carry on for the bridge fund this summer."

Com. Burrus, "We were aware of the situation and we have already discussed this individually. We said the bridge fund would be available for this purpose if we had a sufficient balance. Since we do, I think it would not be too difficult. The question that comes to my mind, though, is this is a semi annual bond payment and this nearly eliminated the reserves in these various bond funds. Is there any thought given to the next semi annual payment?"

Mr. Carmichael, "We discussed that issue and we are going to have to face that in December the same way we are facing it here for June. We don't know exactly what is going to happen at this point payment wise and what funds will be available to make those. Obviously we can't default on those bond payments."

Com. Burrus, "You are absolutely right. Our bonding capability is probably the most sacred thing we have to protect."

Com. Evans, "I am pleased we are making strides in working in the same direction and we are glad to help. As long as everyone knows what everybody else is doing it seems to work a little bit better."

Com. Evans moved to approve the transfer of $560,000.00 from the bridge fund, Com. Burrus seconded, motion carried.


ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT OF GROSS TAXES COLLECTED BY TAX MANAGEMENT ASSOCIATES FOR BUSINESS PERSONAL PROPERTY– 1ST READING

Atty. Rinkenberger, "If you recall back in April 1, 2003 we approved a contract for the Porter
County Assessor for Tax Management Associates to do an audit for us on business personal property taxes. The last time this occurred all the money was spent in paying them for their services so we talked to the auditor and talked with the assessor and decided the best thing was to create a special fund for all of the money to go into. Then this ordinance dictates that obviously Tax Management is paid out its fees before the taxes are disbursed to the local units."

Com. Evans, "Yes, I remember this. Have we settled our problem from the last time?"

Ms. LaFever, "Yes. I think this needs to be done so we don't have the same kind of problems we had a year ago."


Com. Evans moved to approve the ordinance on first reading, Com. Burrus seconded, motion carried.

Ms. LaFever, "We had purchased some portable pin units and we returned them because the software was not yet developed as we were told earlier so I did return them. They gave us a credit that reduced our next four payments. They will be reduced from $41,869.00 down to $24,413.00. So since we had it reduced, the payment schedule we hadn't presented it to the County Commissioners to sign off to agree to the changes."

Com. Burrus, "So this cuts the payments approximately in half, correct?"

Ms. LaFever, "Yes, because we did return those pin units because they were not workable."

Atty. Rinkenberger, "This is basically a ratification because Old National Bank needed these documents about a week ago so we did initial off on these documents and now we are just formally approving them at a public meeting."

Com. Evans moved to approve the addendum to the lease, Com. Burrus seconded, motion carried.

Reassessment update

Ms. LaFever, "Do you want an update on the reassessment at this time? I am sure you are
aware and the public has been aware of since it has been in the newspaper that all township assessors have been dropped, all PC's are upstairs on the third floor. We have 30 computers up there working. Plexis gave us 24 licenses and they are letting us use 6 more so we have 30 PC's working from 6:30 a.m. to 9 or 10:00 at night. During the day we have a crew of about 22 to 26 and in the evening I have a crew of 7 coming in to work. We could still use more people in the evening. I might be hiring more people to work the afternoon shift. Since Data Processing arranged the servers, our speed issue has greatly increased. We have 6 servers and we have split the data. Tomorrow morning if any of the Commissioners are available, the State Tax Board will be here at 9:00 to meet with ourselves and Data and the townships, the Council and a Commissioner, she will be here to go over our situation in Porter County. She called and asked to come here and I welcome her here with my blessing so see what the problems are. If any of you have a few minutes to get away tomorrow, she will be here at 9:00 and Plexis at 10:00, then Beth Hinkle has asked to meet with the me, the County Auditor and County Treasurer after lunch. You are both invited."

Com. Burrus, "What is her specific purpose for visiting? To see how the assessment is going or to discuss the percentage of our provisional levy?"

Ms. LaFever, "She told me is coming to see how our reassessment is going and at the same time she wants to meet with the other two department heads in the afternoon and she did not tell me what that is about."

Com. Evans, "Do you think she would like to give us the ability to go with 70%?"

Ms. LaFever, "I don't know, Jim would have to answer that."

Mr. Murphy, "We received permission to bill provisionally at 50% yesterday and it was approved on the 29th of May. She mailed it out and also asked at that time the deadline date could be extended to from May 10th to the 27th and it was also approved. The dates are established and the percentage is established so we are fine there. We are still waiting for one more state agency to give us permission to go ahead. The State Board of Accounts has not yet approved the format of the bills. We are ready to go."

Com. Evans, "Shirley, is there anything we can do in regard to building facilities or anything at all to expedite the process and to make things more convenient?"

Ms. LaFever, "I thank you for letting us use the third floor and I think security is opening up the building earlier and I think Chuck is staying later at night. I do have a few people that want to work on Sundays and I don't know if we want to open the building up for 2 people. It is important to be done. We won't be giving keys to these people. The 2 people that want to work is from another township assessor's office in Crown Point. They are coming in the evening to work after their day shift and they are Level 2 Assessors. They came on board last night and they are great. They would also work on Sundays and I am trying to get more people to work on Sundays to make it more flexible for someone to come and open up the building."

Com. Burrus, "We can work that out."

Ms. LaFever, "Well, they are doing Portage Township board so if John doesn't come up and open the building I will have to."

Com. Burrus, "Maybe there might be someone else on duty. We can talk about that some more. If they are available let's get them in. Has the software hassle been straightened out?"

Ms. LaFever, "Yes. We gave them a call at 5:00 last night and they worked until 9:00 last night and we came back at 6:30 this morning. They are pounding the keys away. The date looks much better now with the speed issue than from a week ago. Thank you."

SRI UPDATE ON COMMISSIONERS' SALE
Hollie Theyssen

Ms. Theyssen, "I basically came here today to give you an update. We have just a few more finishing touches that we need to put on our list and then it will be complete. We have most of our assessments back. I think we are ready to set a date. I think we should go past June so maybe July or August. It is really up to you."

Com. Burrus, "Let's pick the 26th of August if there is no conflict with the room being open."

Linda Walker, "The room is open that day."

Com. Evans, "Okay. How many parcels do we have total?"

Ms. Theyssen, "We have 76 parcels currently. This is for the Commissioners' Sale. These are properties the county has owned for years and we are trying to clean up and get out of the county's name."

Com. Evans, "Just so the public remembers, you are going to send letters to anybody that enjoins these properties?"

Ms. Theyssen, "Correct. The abutting land owners will receive a letter. With it being in late August, I will probably send them out the second week of August so they will get them on time for the sale. It will list the parcel number and the price."


OFFICE HOLDERS/DEPARTMENT HEADS
Transfer of funds from Fund 198
Tom Henderson and Deb Harlow, Porter County Sheriff's Department

Mr. Henderson, "This is from the signing bonus. We want to purchase vehicles and the transfer of the $600,000.00 to the general fund for the county council. First issue would be the cars. We want to take $274,000.00 out to buy cars."

Com. Burrus, "How many are you looking at?"

Mr. Henderson, "12 Crown Vic's. We are using the numbers provided by the state."

Com. Evans, "Are they all going to be marked?"

Mr. Henderson, "10 marked and 2 unmarked."

Com. Burrus, "Has the purchase process already gone through?"

Mr. Henderson, "Yes, I have all the documentation here. The unmarked ones are a little less expensive than the marked ones but our real critical need is the fact that the mileage on the marked units are just almost becoming an emergency situation. They are approaching 140 and some are over 160. We had that chase a couple weeks ago that ended up in Portage and one of the cars involved had over 160,000 miles."

Com. Burrus, "We were thinking we have two vehicles here titled to the Commissioners' office that we would be willing to contribute to your unmarked needs if its not too late to do that. Would that be a way of reducing the number of cars needed?"

Mr. Henderson, "Currently, by our policy, the lieutenants that run that shift, are the only ones at this point are going to have unmarked cars. Before we had several patrolmen that had it for special assignments and so forth. I am trying to do away with that. I just want to make it the lieutenants that run the shifts who will have those."

Com. Burrus, "That is, in our view, in accordance with the policy. Again, to ask the question specifically, if we have two vehicles that are currently Commissioner property that could be used for unmarked needs, would that allow you to reduce your order by two cars?"

Mr. Henderson, "Currently, the two unmarked that I have ordered are to replace one of the lieutenants' currently needs another car, and the ones I ordered will be for the lieutenants on the road due to mileage. I have not added any additional, I am just trying to replace what we currently have."

Com. Burrus, "Again, I am still asking if these two can be utilized?"

Mr. Henderson, "One of them can be utilized for a lieutenant. Yes."

Com. Burrus, "Would that reduce your order then by one car?"

Mr. Henderson, "No, I still need two unmarked cars."

Com. Burrus, "We can talk about details later. The other issue you had was the take home car privileges as far as trying to reduce mileage. Is that right?"

Chief David Lain, "I think we have done that. I don't think it was ever an issue but I think we are trying to do everything we can to save money so we adjusted our take home privileges. Not so much take home, but where they drive them and how they fuel them and on their off days and vacation. We have cut that down, too."

Com. Evans, "Can we look for an auction sometime this year on the other vehicles?"

Mr. Henderson, "Yes."

Com. Burrus, "When we get done with these purchases, will that be zero cars?"

Mr. Henderson, "Currently, we have our pool cars that are late ‘95, ‘96; we could put them up for auction. Some of the others came from the military as we spoke about."

Com. Burrus, "Here is my point. If we buy 12 new cars, and we can fleet them down, if we need to, but we ought to have 12 going out the door. Is that correct?"

Mr. Henderson, "I can sit down and discuss that with you but I don't think we are going to have 12 for 12 as far as 12 coming in and 12 being removed. I think if we don't we need to explain where those cars are going."

Com. Burrus, "I see that mileage is the reason for buying the cars and if we are buying more then that is not a mileage issue."

Mr. Henderson, "Part of the issue does reflect the depletion already in the overall fleet. We have lost a number of cars to accidents over the course of time."

Com. Burrus, "Is it fair to say in consideration, those that have been lost to accidents and those that are to be sold should balance out to the 12?"

Mr. Henderson, "Pretty close. We are not looking to expand."

Com. Evans, "I am glad to hear about the surplus stuff that if we are not using it, lets get rid of it. It is doing nothing but draining our liability insurance."

Com. Evans moved to approve the withdrawal of $274,000.00 to purchase 12 police cars, Com. Burrus seconded, motion carried.

Com. Burrus, "That should the conclude the car issue and I want to thank Tom for all he's done, it has been cleaned up a lot."

Transfer $600,000.00 from Sheriff to County Council
Dave Reynolds, Sheriff

Sheriff, "We have agreed based on the dire straights the county is in to take $600,000.00 of the remaining part of what we have left and provide it to the Council as a loan."

Com. Evans, "So if you do that, it is $874,000.00, what is in that fund today, do you know?"

Sheriff, "$874,000.00 and some change."

Com. Evans, "Okay, so the change will keep the fund open."

Com. Burrus, "Was there any discussion on the payback for that?"

Sheriff, "I talked to Dave Hollenbeck and Bill Carmichael and I don't think we will actually get the money in money. Once we know the money is there, we are going to have to cut back our original design of what we wanted. Then I will have to sit down with you and knowing that the money is there and any other monies that I can get from the federal government. The FBI is hopefully going to provide us with the range and I am working out an agreement with the Trade Councils that they would help build it and the labor would be next to nothing. So we are trying. We might end up with a shell, but we will have something. But the commitment is not in dollars and cents, but the money will be there and we will have to make the arrangement between the Commissioners and the Council."

Com. Burrus, "Sort of an open ended agreement with the Council."

Com. Evans, "I want to thank you too, Sheriff. In my opinion, it is your money, and you went out of your way to get it and to create the situation where it was paid for by the county so the county owes you a debt of gratitude for doing that. I would like to help you commit to making sure that the range goes up. I know a lot of people think it is frivolous thing, but I don't think training is frivolous in any regard. I would like to see the Environmental Department get their building also. Just because the County is in financial constraints doesn't mean that progress stops or police protection stops or environmental hazards or dangers are not created. We need to spend money to keep those things."

Com. Evans moved to approve the transfer in the amount of $600,000.00, Com. Burrus seconded, motion carried.



TRANSFER OF FUNDS-E911
Dave Sheibels, Director

Mr. Sheibels, "This is just a routine account transfer from my telephone account to furniture for the $100.00 for an additional modification to our county dispatcher center consoles that needed to be worked on. I need to appropriate another $968.00 into my existing 2000 furniture account to pay for modification to a radio console which came in at $2,968.00."

Com. Evans, "Is this on the fire side or the police side?"

Mr. Sheibels, "All."

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

Mr. Sheibels, "The second item is another routine payout for the Tiburon public safety software system from Bank of America. We have signed off and completed installing the fire software connected to our county dispatch system. Currently 9 fire agencies have chosen to use the software. The software is live and working well. It is time to address the payment of Tiburon from our lease account. So I have here the originals for signature if Linda could mail these to the Bank of America as before. I need signatures for $266,049.00 payout to Tiburon from Bank of America."

Com. Burrus, "This is to authorize the release of funds from the bank. Our method of payments are what?"

Mr. Sheibels, "Three annual payments. We made one payment last year in September, we have another payment due this September, and the next one due next year."

Com. Burrus, "So Bank of America is the third party lessee?"

Mr. Sheibels, "They are a financial underwriter for the Indiana Bond Bank which we actually took a technology bond lease from last year."

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

Indiana Assessment Service contract
Susan Larson, Center Township Assessor

Ms. Larson, "I have a standard contract here from Indiana Assessment Service for my new construction for next year. They will come and do my industrial and commercial new construction. I just need your approval. They have done it for Westchester; it is the same type of situation. Again, I apologize for not giving you a head's up, I just got it last week. I will need this to start working next year as soon as I am done with reassessment."

Com. Burrus, "Our experience lately has been to be pretty thorough on our contract renewals."

Ms. Larson, "Right. I believe this is the same contract that Westchester used and they have done theirs already. I think that contract looks fine. They have a standing contract with Shirley as well and they have already completed Westchester."

Com. Burrus, "Okay, if you are satisfied, fine, we will act now."

Com. Evans, "There is a fee of $100.00 per parcel with a total of $3,000.00."

Ms. Larson, "It is well worth it. They will help us whenever we need it. We can call anytime, I have their pager number and he will answer questions."

Com. Burrus, "What is the source of the money, where do you have that?"

Ms. Larson, "I have it in my budget. As a matter of fact, I am teaching my Chief Deputy to do all my commercial input which I used to pay to have done so I have surplus money."

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


COMMISSIONERS' REPORTS

North District: John Evans

1. Hidden Fields Subdivision Road Agreement, located on the southwest corner of CR
1050 North and CR 400 East. Offer to contribute $750.00/lot for a total of $3,750.00. Owners and subdividers are Dave and Carol Detmar. Recommend approval.

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

2. Woodridge Hills Subdivision Road Agreement, located on the northeast corner of
Tratebas Road and CR 350 East. Offer to contribute $750.00/lot for a total of $15,750.00. Owners and subdividers are John R. and Gertrude F. Harrison. Recommend approval

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

Center District: Larry Sheets (read by Com. Evans)

1. CR 300 West right of Way Services Agreement Supplemental No. 1. This increases the
Right of Way Services Agreement from $66,798.00 to $71,547.50. This change was due to the addition of land damages to 3 parcels and adding a parcel due to an estate sale. The right of way is on hold, but it would be good to approve this increase in case work starts up again. See items 1 & 2 in Center District under the information section.

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

2. INDOT LPA Claim voucher #7 for CR 300 West project, in the amount of $2,520.00. LPA Claim voucher for companion #7 for CR 300 West project, in the amount of $315.00.

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

3. Center Minor Subdivision 1334-B-1 Road Agreement, located on the south side of Joliet Road between CR 150 West and CR 250 West. Offer to contribute $750.00/lot for a total of $2,250.00. Owners and subdividers are Thomas, Denise E. and Dolores R. Bobrowski. Recommend approval.

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

4. Letter from INDOT concerning the reduced superelevation for CR 400 North at SR 2. Recommend approval. (Previously signed)

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

5. Wild Rose Subdivision Performance Letter of Credit in the amount of $18,000.00 from First National Bank of Illinois. New expiration date is June 13, 2004.

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

6. Emerald Ridge Subdivision, Phase B, Performance Letter of Credit in the amount of $71,000.00 from Bank Calumet. New expiration date is August 3, 2003.

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

7. Renee Subdivision Road Agreement, located on the north side of CR 500 North between CR 325 East and CR 400 East. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Timothy A. and Helen J. Chupp. Recommend approval.

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

8. Charles Subdivision Road Agreement, located on the west side of CR 400 East between CR 500 North and CR 600 North. Offer to contribute $750.00/lot for a total of $750.00. Owners and subdividers are Timothy A. and Helen J. Chupp. Recommend approval.

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

9. Washington MS 2428-D-2 Road Agreement, located on the north side of CR 500 North between CR 325 East and CR 400 East. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Timothy A. and Helen J. Chupp. Recommend approval.

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

South District: David Burrus

1. Fieldstone Manor Subdivision, Performance Letter of Credit for Phase III in the
amount of $128,000.00 and Phase IV in the amount of $142,000.00 from Centier Bank. Expiration date is June 2, 2004. Recommend approval.

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


CORRESPONDENCE

Clerk's monthly report for March and April 2003 is on file.
Treasurer's monthly report for April 2003 is on file.
Building Department's monthly report for April 2003 is on file.
Weights and Measure's monthly report for May 2003 is on file.
Veteran's Service Officer monthly report for May 2003 is on file.
Annual report on conditions of school funds for year ending April 2002 is on file.

Request from Valparaiso Community Festivals & Events to use courthouse grounds

Com. Burrus, "We have a request from the Valparaiso Community Festivals & Events to use the courthouse grounds on Saturdays in May and on Tuesdays, Thursdays and Saturdays from June through October for a local Farmer's Market. They also would like to use the grounds for Voyager Days Summer Events, June 14th through July 19th. They have provided a certificate of insurance."

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


Request to appoint Michael Herzog to Northwest Territory RC&DC

Com. Evans moved to approve the appointment of Michael Herzog to the Northwest Territory Resource Conservation and Development Council due to the resignation of Carol Linzy, Com. Burrus seconded, motion carried.


Request for transfer of funds-Commissioners' office
(This is for record purposed only, these requests were approved by County Council on May 27, 2003)

Fund 01.30$10,000.00from acct 3440unemployment
$ 966.00from acct 3970Memorial Day Service
$ 2,000.00from acct 3130Training & Education
$51,037.80from acct 3220Telephone

total:$64.004.00into acct 3430Worker's Comp

(To pay balance of premiums for 2003)

Fund 01.30$ 202.75from acct 2110office supplies
into acct 2250other supplies

(To purchase county flags for use at county facilities)

Approve ULLICO contract

Com. Burrus, "At our last meeting in April we had a presentation by a representative of our
health care third party administrator, Mr. Stewart Miller and we also received quotes at that time from our local representative for the provision of insurance that would initiate above a certain claim level. We call that our catastrophic insurance for health insurance that covers claims above $80,000.00 per individual. We are self insured; anything over that it rolls into an insurance company. Similarly there is a ceiling aggregate for the entire county plan. I believe that is somewhere around $3 million. We did agree at that meeting to contract with the ULLICO insurance company to provide that coverage. This is the contract that would allow us to finalize that approval."

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

Utility Agreement with NIPSCO

Com. Evans, "This was not on the agenda but needs to be addressed, also, Dave. It is a Utility Agreement with NIPSCO to insert a pole at the south side of County Road 900 North, 3rd pole west of County Road 50 West. This was a late request. Our Highway Department was out this morning checking it out."

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

Claim for Calumet Trail

Com. Evans, "This is the last claim for the Calumet Trail in the amount of $4,690.02 to finish up inspections, vendors, and whatever is left on the Calumet Trail. This is the final close out claim."

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

John Whitcomb comments

Mr. Whitcomb, "My name is John Whitcomb, 2059 S. State Road 2. I would like to know if you did a study on what it costs to keep juveniles at the juvenile home."

Com. Burrus, "No, I haven't, but it could done very easily. You can look at the annual budget and divide it by the population."

Mr. Whitcomb, "I would like to know that if I could."

Com. Evans, "The courts may have that, John. See Judge Harper."

Mr. Whitcomb, "I know you did a study on federal prisoners, and I think you said we get $35.00 per day for state prisoners. I read in the paper about the sheriff wanting to get a whole lot more state prisoners to house to make money; $37.50 I think he quoted, and it doesn't seem very practical to me. I hope you talked him out of that idea."

Com. Burrus, "I don't know if his plans for the state have changed any, but the numbers we have are not going up so, it is stable right now."

Mr. Whitcomb, "With a thought like that in his head, that is dangerous. What is the construction going on out at the county jail?"

Com. Evans, "That is Valpo's landscaping project, I believe."

Com. Burrus, "We had a claim against one of the . . . we are in the process of closing out that contract and there have been a couple of discrepancies we noted and those are being corrected. Now if you are talking about the excavation in the main lobby, that is a sewer problem that is being corrected. They have been restricted from restoring the floor surface for 2 months until we have been demonstrated the problem has been solved."

Mr. Whitcomb, "I still haven't found out where all those computers went from the old jail."

Com. Burrus, "A significant number of them went to the new jail but there were some obsolete ones that were disposed of."

Mr. Whitcomb, "I want to say also that 160,000 miles on the Sheriff's cars, the way they use them and supposedly maintain, that is surely not excessive. I don't see any need to replace the car that has 160,000 miles on it. Have you looked at these vehicles yet?"

Com. Burrus, "The old ones? I have seen some of them. They mentioned also there were a couple of them, this is just 2 that were destroyed that were involved in accidents. Those are not the ones you are talking about. I want to point one other thing out to you. The typical source for buying vehicles has been the CCD fund. That fund has not been funded to the extent it typically has been and we don't have the money in there to buy cars right now. Therefore, the sheriff was told he would not be able to use that source of money for buying police cars."

Com. Evans, "He hasn't bought any for 3 years now."

Com. Burrus, "The ones he is talking about today came out of his own signing bonus money so to the extent we make that distinction, I think it is important."

Mr. Whitcomb, "I take exception of the fact that the sheriff claims that money is his own. I think it belongs to the tax payers. Wouldn't you?"

Com. Burrus, "Well, it is provided by the federal Marshall's office for the specific purposes of jail and sheriff's police related items."

Mr. Whitcomb, "I guess if he hadn't been provided that jail, then he wouldn't have been able to make that deal with the federal government. I think it is the tax payers money. I think you people should proceed along those lines that it is not his money, it is taxpayer's money."

Com. Evans, "He just gave up over half of it back to the County Council to put in their general fund."

Mr. Whitcomb, "Yes, but he expects it back, too. Thank you."

Com. Evans comments on newspaper article

Com. Evans, "There is one other thing. There was an editorial in Friday's Chesterton Tribune on the second page by Kevin Nevers, and I think everybody needs to read it. It's an excellent article."

Com. Burrus, "I had heard that also and I agree with you. Do you want to mention the topic?"

Com. Evans, "It was about the Quickly feature in the Post Tribune. It is about newspapers and their lack of responsibility."

Com. Evans moved to recess until 1:30 p.m., Com. Burrus seconded, motion carried.


AFTERNOON SESSION--PLAN COMMISSION
Bob Thompson, Plan Commission DirectJuly 15, 2003

Rezone RR-Rural Residential to R-1 Single Family Residential, Bank Calumet

Mr. Thompson, "This is Case 03-Z3, petition of Bank Calumet Trustee No. 5011 requesting amendment of a parcel of land that is zoned RR to R-1. Plan Commission heard this at their April 9th meeting and forwarded to the Commissioners with a favorable recommendation of 5-2 vote."

Com. Burrus, "Okay, this is the piece of ground at the intersection of CR 500 West and 100 South. I think part of the justification of their request is the fact that they have approval from the Lake Eliza Conservancy District to serve the entire subdivision with sanitary sewer facilities. That qualifies them for the more denser zoning. The Drainage Board has been in contact with us as well and they have no specific concerns. With that background, almost everyone I know that has been involved has had a majority favorable recommendation on it."

Com. Evans moved to approve on first reading, Com. Burrus seconded, motion carried.

Gus G. Karras and Emmanuel Manos
Amend C-1, Neighborhood Business to C-4, General Business

Com. Evans, "There was a modular homes sales and service. These people bought it and I
think the purpose is, as it was explained to me, used car lot. . .

Mr. Thompson, "I did not see anything. The Plan Commission did forward it favorably to the Commissioners, but they were requesting the petitioner to enter into written commitments. I did see within the file they made a commitment to clean the property up which was one of the items they did request. I meant to get out there and look at that and see if that had been done. I haven't had a chance yet. But they did request the written commitments and I think the remonstrators were requesting they would have no book store, massage parlor or tavern."

Com. Burrus, "So those restrictions on the usage and the clean up were the extent of the requirements?"

Mr. Thompson, "One did mention something about a boundary survey of the parcels because it is old subdivision lots. Lots 4, 5, 6, and 7 in Lute's Subdivision, approximately 4 acres, it was a suggestion for the boundary survey to make sure they are within their parcels."

Com. Burrus, "What was the recommendation on that?"

Mr. Thompson, "Favorable, 7-0."

Com. Evans, "Keeping in line with the trucking company across the street, and there is a plumbing store and there are residences. There is an old subdivision across the street. I spoke with their attorney about cleaning the site up. I don't think it has been yet."

Com. Burrus, "Is that something that ought to be a pre-requisite for this rezone?"

Com. Evans, "I don't know if it is in written commitments. (The rest of Com. Evans' comments were inaudible.)

Mr. Thompson, "Let me read off what they sent in. It states it will be cleaned up within 60 days.

Com. Burrus, "Are these new owners?"

Mr. Thompson, "New owners."

Com. Burrus, "So they are not really the source of the mess there."

Com. Evans, "But they realized from the onset that . . . (inaudible)

Mr. Thompson, "The remonstrance was not negative to the rezoning as long as the parcel was cleaned up."

Com. Burrus, "So the three uses they were concerned about as well as the boundary survey and the . . ."

Com. Evans, "It is addressed in here. They clean the property and to bring the condition of the property to a satisfactory condition since the first of the property of March 5, 2002, they expended numerous hours of their own and their employees removed pieces of construction debris and has to a degree restored the property to a proper and acceptable condition, however, the undersigned realizes that more work needs to be done. The work shall be completed within 60 days. They are still under the time frame."

Com. Burrus, "Bob, will you have a chance to review their progress on this?"

Mr. Thompson, "Yes."

Com. Evans moved to approve on first reading, Com. Burrus seconded, motion carried.

With no further business to discuss the meeting was recessed.

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


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest, Sandra K. Vuko, Auditor