PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 17, 2003

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, June 17, 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.


PUBLIC HEARING TO UPDATE ORDINANCE FOR CUMULATIVE CAPITAL DEVELOPMENT FUND

Com. Burrus, "Our first item of business this morning is to conduct a public hearing for the update of the ordinance of our Cumulative Capital Development Fund. We are required by law to update this on a tri-annual basis, every 3 years. This is the year we need to do that. I am now opening the public hearing. The resolution we are going to read this morning is as follows:

RESOLUTION NO. 03-______

UNDER I.C. 36-9-14.5 ET.SEQ.
FOR PORTER COUNTY, INDIANA

BE IT RESOLVED by the Board of Commissioners of Porter County, Indiana, that a need now exists for the establishment of a Cumulative Capital Development Fund for the purposes set forth in I.C. 36-9-14-2, I.C.36-9-16-2 and I.C. 36-9-16-3.
BE IT FURTHER RESOLVED that this Board will adhere to the provisions of I.C. 36-9-14.5 et.seq. The proposed fund will not exceed $.07 on each $100.00 of assessed valuation. Said levy will be for a maximum of three years beginning with taxes payable in 2004.
BE IT FURTHER RESOLVED that the monies accumulated in the Cumulative Capital Development Fund will be appropriated by the Commissioners consistent with the plans set forth herein to wit:
1.Six Hundred Thousand Dollars ($600,000.00) of the fund annually to be applied to the roads and road right-of-ways pursuant to I.C. 36-9-16-3(1) and (2).
2.Twenty Thousand Dollars ($20,000.00) of the fund annually to be applied to county police vehicle purchases pursuant to I.C. 36-9-16-3(8).
3.Ninety Thousand Dollars ($90,000.00) of the fund annually to be applied to expenditures for the Information Technology Services Department pursuant to I.C. 36-9-16-2(1).
4.Two Hundred, Fifty Thousand Dollars ($250,000.00) of the fund annually to be applied to maintenance, repair and renovation of county buildings pursuant to I.C. 36-9-16-2(1) and I.C. 36-9-14-2.

BE IT FURTHER RESOLVED that the figures set forth above are minimum amounts to be appropriated from the fund balance to the areas indicated. Additional funds may be appropriated by the Porter County Council in each of the areas designated upon request of such additional funding by the Porter County Board of Commissioners. If the amounts set forth in this Resolution exceed the fund balance, each category will receive a proportionate amount of the fund balance to the amounts delineated.

BE IT FURTHER RESOLVED that proofs of publication of the public hearing held on June 17, 2003, and a certified copy of this Resolution shall be submitted to the State Board of Tax Commissioners in the State of Indiana as provided by law. Said Cumulative Capital Development Fund is subject to the approval of the State Board of Tax Commissioners.

ALL OF WHICH IS PASSED AND ADOPTED by the following vote of said Board of Commissioners of Porter County, Indiana, this 17th day of June, 2003.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/David L. Burrus
S/John A. Evans
Larry D. Sheets
Attest:s/Sandra K. Vuko, Auditor

Com. Burrus, "Is there anyone in the audience who cares to make any comments for this proposal?"

Lady in audience, (unidentified) "I have a question. With this tax, did we have this tax prior or is this a new tax?"

Com. Burrus, "This is existing. It exists at the same levy, $.07 per hundred and this is simply a continuation of our ordinance. Is there anyone in the audience against this ordinance?"

John Whitcomb, "I reside at 2059 S. State Road 2. I have been a taxpayer in this county for over 50 years, no, 60 years, and when this came out, it hadn't been 60 years ago, that is for sure. Maybe 10 years ago. It sounded like a great idea and to start with it was operated pretty well for what it was set up for. But here it is in this tax crisis that the county is in, this fund has been ______ like the devil and if it wasn't for that fund, I don't know what you people would have done, along with the bridge fund also. But it hasn't been used here in the last few years like it was set up to be used and like you are explaining why it is to be used now. So therefore, I am against this fund."

Com. Burrus, "John, I hear your comments but I disagree with them and I will be glad to talk to you on an individual basis. This fund in the last few years has been underfunded. It has not received the amount of money that was anticipated, that's true, it has not been borrowed from, it has been spent on these same categories at a lower level than what we have proposed to spend. As you recall, last year we had to go in for an additional appropriation because the fund balance was not as high as what the budgetary amount was. Anyone else who cares to make a comment?"

Lady, "Like he said, if you collect this money, can you take money out of this fund for whatever purposes you want to use it for or does it have to be used for the specific items you specified?"

Com. Burrus, "Our understanding is that the specific items prevail. However, it falls into a category that since it is collected from the county at large and if it is necessary, it can be borrowed from like John mentioned, similar to the bridge fund, with the provision it is paid back at the end of the calendar year."

Lady, "So it does have to be paid back. I have no problem with that. I think that is fantastic, give them all the money they need. But like he said, the crisis of Porter County is just getting out of hand. Are they going to take this money from these people, the police and all that, and use it for other things all the time?"

Com. Burrus, "It hasn't been done yet. If you borrow from it, it has to paid back at the end of the year. If there are no other comments, I will close the public portion of the hearing."

Com. Evans moved to approve the resolution as read, Com. Burrus seconded, motion carried.

Com. Evans moved to adjourn the public hearing, Com. Burrus seconded, motion carried.

Com. Burrus called the regular Commissioners' meeting to order.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of June 16, 2003, Com. Burrus seconded, motion carried.
ORDINANCE ESTABLISHING AN IMMUNIZATION DONATION FUND--PORTER COUNTY HEALTH DEPARTMENT, 1st reading.
Keith Letta, Director

Mr. Letta, "As you are probably aware, Porter Memorial Hospital has given us a donation of $25,000.00 this year and next year. The Porter Memorial staff physicians that practice at the hospital have also donated $25,000.00 with the caveat that it be used exclusively for our immunization program. I think Attorney Hollenbeck has provided you with this ahead of time and I believe your attorney has had a chance to look at it. This establishes a mechanism by which we use those donations for our immunization program for two specific purposes. One being part time payroll, the other being supplies as needed. This was stipulated by the hospital and by the hospital staff as part of the conditions of the donations. We would ask that you enact this ordinance so we may begin to receive the donations and use them. I believe it still has to be appropriated by the County Council so anything we receive from them will be appropriated by the Council before we can actually spend it."

Com. Evans, "So then we are just going along with the wishes of the hospital then?"

Mr. Letta, "Correct. Creating this fund is for means of accounting purposes."

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

ORDINANCE 03-07, AMEND PORTER COUNTY ANIMAL ORDINANCE 96-31--2nd reading

ORDINANCE NO. 03-07
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING PORTER COUNTY ANIMAL ORDINANCE
NO. 96-31 AND THE PORTER COUNTY CODE CHAPTER 6.04
ANIMAL CONTROL CODE
_____
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, Ordinance No. 96-31, Porter County Animal Ordinance, has been placed in the Porter County Municipal Code in Chapter 6.04 Animal Control Code; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to amend Ordinance No. 96-31 and Chapter 6.04 in the Porter County Municipal Code;

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1.Ordinance No. 96-31 Section 11 and Code Section 6.04.110 Miscellaneous
Restrictions is hereby amended in the Porter County Code through the addition of paragraphs F, G, and H, as follows:

F.Restraint. No owner shall fail to exercise proper care and reasonable control of his animals to prevent them from becoming a public nuisance.

G.Rabies control.
1. No owner of any dog or cat shall keep or maintain a dog or cat over the age of 3 months unless it has been vaccinated by a licensed veterinarian with a rabies vaccine.
2.Proof of vaccination shall be maintained by the owner or displayed if requested by the county or its agent.
3.Pursuant to I.C. 35-46-31 and pursuant to this ordinance, the knowing or intentional harboring of a dog over 6 months of age without a rabies immunization is a Class C Infraction.

H.In order to enforce the provisions of this section or any other sections of this chapter dealing with animals, representatives of the Porter County Animal Shelter or the Porter County Sheriff's Department may, with the permission of the owner or occupant of a property, enter upon a premises where animals are maintained for the purpose of investigating or inspecting as to whether or not any of the provisions of this chapter are being violated. If permission for entry is denied and probable cause regarding a violation of this chapter exists, a court order for entry may be requested pursuant to law. (Ord. 96-31, Section 11; Ord. 03-______).

2.Ordinance No. 96-31 and Chapter 6.04.120 Enforcement is hereby amended
through the addition of paragraph F, as follows:
Section F. Harboring a non-immunized dog in violation of I.C. 35-46-3-1 is a Class C Infraction punishable with a fine of up to $500.00. Violation of Section G(3)- Rabies Control and violations of I.C. 35-46-3-1 shall be enforced by the Porter County Prosecutor's office.

This ordinance passed this __________ day of _____________________, 2003.

BOARD OF COMMISSIONERS
Porter County, Indiana
S/David L. Burrus
S/John A. Evans
Larry D. Sheets
Attest:s/Sandra K. Vuko, Auditor

Com. Evans moved to approve Ordinance No. 03-07 on 2nd reading, Com. Burrus seconded, motion carried.

ORDINANCE NO. 03-08: AN ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT OF GROSS TAXES COLLECTED BY TAX MANAGEMENT ASSOCIATES FOR BUSINESS PERSONAL PROPERTY--2nd reading

Com. Burrus, "This ordinance is to establish a fund for the receipt of gross taxes that are collected by an outside firm called Tax Management Associates. This will be for the collection of personal property taxes and will be utilized to receive tax revenues that were collected and to pay out of that the fee associated with collection and turn the balance over to the general fund."

Com. Evans, "As I understand it, this fund is created so we don't run into the problem we had when the funds were collected and placed in the general fund. It gives us a better paper trail and an easier way to account for this."

ORDINANCE NO. 03-08
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT OF
GROSS TAXES COLLECTED BY TAX MANAGEMENT ASSOCIATES
FOR BUSINESS PERSONAL PROPERTY
_____
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, the Porter County Board of Commissioners initially approved a contract with Tax Management Associates, Inc. on December 5, 2000 to perform audits on business personal property in Porter County; and
WHEREAS, the Porter County Board of Commissioners approved a subsequent contract with Tax Management Associates, Inc. on April 1, 2003 to perform business personal property audit services for Porter County; and
WHEREAS, the Business Personal Property Audit Services Contract was authorized under I.C. 6-1.1-36-12 and I.C. 6-1.1-3-14; and
WHEREAS, a term of the contract provides that Tax Management Associates, Inc. shall perform audits throughout Porter County and that they shall be paid by the county in accordance with and as permitted under I.C. 6-1.1-36-12(b) to wit: from the gross amount of taxes collected as a result of the audits conducted; and
WHEREAS, the contract provides that no proceeds shall be distributed or otherwise encumbered by the county until the county has fully paid Tax Management Associates, Inc. all amounts due and payable under this agreement provided that the county shall encumber or otherwise reserve each June and December an amount of proceeds sufficient to pay audit related costs arising during each of those months and audit related costs which are likely to arise thereafter for audits which have been assigned to TMA under this agreement; and
WHEREAS, the contract further provides that the total amount due and payable to Tax Management Associates, Inc. shall not exceed the total taxes collected by the county as a result of the audit; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of the gross amount of taxes collected as a result of the audit conducted by Tax Management Associates, Inc. pursuant to the contract, which funds shall be deposited in said special fund and retained by the Porter County Auditor; and
WHEREAS, said monies shall be maintained in the designated special fund until disbursement by the County Auditor for payment to Tax Management Associates, Inc. pursuant to the terms of the contract executed and then said fund balance to be distributed to the taxing units as required by state law.
NOW BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code is hereby amended through the addition of Chapter 3.46 entitled Fund for Receipt of Gross Taxes Collected by Tax Management Associates, Inc.;
2. That Section 3.46.010 is added to the Porter County Municipal Code to read as follows:
3.46.010Fund for receipt of gross taxes collected by Tax Management Associates, Inc.
A fund for receipt of gross taxes collected by Tax Management Associates, Inc. is established whereby the gross amount of taxes collected as a result of business personal property audits conducted by Tax Management Associates, Inc. pursuant to a service contract shall be deposited in said fund. Said fund shall be assigned No. 225 by the Porter County Auditor's office.

3. That Section 3.46.020 is added to the Porter County Municipal Code to read as follows:
3.46.020 Use of funds
The monies received and deposited in the Fund for Receipt of Gross Taxes Collected by Tax Management Associates, Inc. can be used only for the specific purposes set forth in this ordinance. The funds received and deposited in the Fund for Receipt of Gross Taxes collected by Tax Management Associates, Inc. shall be held by the Porter County Auditor until Porter County has fully paid Tax Management Associates, Inc. all amounts due and payable under the service contract executed and then the balance shall be distributed pursuant to state law to all appropriate taxing units.

4. That Section 3.46.030 is added to the Porter County Municipal Code to read as follows:
3.46.030Termination of funds\transfer of funds
The Fund for the Receipt of Gross Taxes Collected by Tax Management Associates, Inc. shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Porter County Board of Commissioners; and if and when a subsequent ordinance is passed to terminate the life of the fund, the fund balance existing, if not otherwise provided for by ordinance, shall be distributed to the appropriate taxing units in compliance with state law.


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
Larry D. Sheets
Attest:s/Sandra K. Vuko, Auditor

Com. Evans moved to approve Ordinance No. 03-08 on 2nd reading, Com. Burrus seconded, motion carried.


AMENDING ORDINANCE 91-14, AN ORDINANCE ESTABLISHING A 911 EMERGENCY TELEPHONE SYSTEM---1st reading
David Sheibels, Director E-911

Mr. Sheibels, "The county attorney and myself just changed some wording to better match Indiana Code and the inclusion of the recently passed Council ordinance, and that is all we did with the ordinance."

Atty. Rinkenberger, "Ordinance No. 91-14 was written some time ago and wasn't as specific as Indiana state law is. I think all our ordinances should have Indiana state law to them. Actually, the changes to this ordinance is we have our preliminary language which is the whereas', explaining why we are doing the ordinance and we do mention in there that the County Council has the authority to increase the fee and that they did so and made it pursuant to what authority. That the County Commissioners as the legislative body, are the body responsible for appropriating money from the fund. The first section says we adopted the system back in 1991, there was minimum change to that. And in the third paragraph where it says enhanced emergency telephone system funded by a fee imposed pursuant to 36-8-16-5(b) shall consist of a minimum of one primary public safety answering point. There was some question over who had the authority to designate that. The monthly service fee section did not change. We had nothing in the other ordinances regarding Section 8.16.030 Use of the fee that specifically sets forth in the state code the language in our ordinance is exactly as it is set forth in the state code. The fee can be used for the different items set forth and that is money that is appropriated at the discretion of the legislative body. Section 8.16.040 is new in that it is talking about the service user fees and collection of delinquent fees and that exactly patterns the state code that was in our old ordinance, that was cut down to 2 or 3 sections so we eliminated and repealed portions of sections and put all this service user fees and delinquent fees under one section. That was it."

Com. Evans moved to approve the ordinance amending Ordinance No. 91-14 on first reading, Com. Burrus seconded, motion carried.

Com. Evans moved to have the recently increased fees assigned to this fund from the County Council be re-assigned to the new department to be created for E911 and moving all dispatchers to that department and pay them from that fund, Com. Burrus seconded, motion carried.

Atty. Rinkenberger, "I think the motion is stating that the appropriation will be out of this fund. Now what we need to do is change job descriptions from the current dispatchers. I just wanted to clear that up because the motion wasn't done correctly."

Com. Burrus, "I think what we need to do next, John is to initiate action to make that transfer and the necessary documents should be prepared. John, you need to decide when the implementation date should be, what would be the anticipated first receipt of revenue on this?"

Mr. Sheibels, "The telephone company is going to follow the Indiana Code; they have made that quite clear and basically it gives them a two month window of opportunity to change their computerized billing cycles to have those on the customer bills and then approximately 15 to 30 days after they collect the first billing cycle they disseminate checks for disbursement so we could actually have 2 ½ months or 3 months before the first new distribution check would come to Porter County."

Com. Burrus, "Did they get their notice to proceed as a result of the Council action?"

Mr. Sheibels, "Yes, they did."

Atty. Rinkenberger, "They took their action May 27 and we sent our notice out June 4."

Com. Burrus, "Dave, do you have any idea what might be involved in terms of getting the necessary personnel changes?"

Mr. Sheibels, "The logistics of it will be a little complicated besides the job classification review process, the auditor change process, the internal structure on the Sheriff's Department and their written rules and regulations and things like that will have to be amended. So there is several parts and pieces of this puzzle to change it out from Sheriff employees to 911 employees and the authority probably under my job classification would have to change."

Com. Burrus, "Do you want to pick a target date or do you want to get some administrative work completed and then come back?"

Com. Evans, "Is it safe to say you will receiving the funds by the first of September?"

Mr. Sheibels, "It is probably going to be close. There is no way I can guarantee it. We are at the mercy of the telephone companies and their systems."

Com. Evans, "Why don't we earmark implementation for the first of August?"

Com. Burrus, "You realize there is a period there that for a few weeks where it will be held back? So let's target the first of August for the implementation date to pick up the payroll responsibilities out of this fund."

Com. Evans, "The administration portion can kind of come into place at some other time."

Com. Burrus, "Okay, thank you, Dave."

ORDINANCE CREATING A NON REVERTING FUND FOR REVENUES GENERATED FROM THE OPERATIONS OF THE BUILDING DEPARTMENT AND PLAN COMMISSION--1ST READING

Com. Burrus, "We also now have another ordinance to deal with. This is to create a non reverting fund for revenues generated from the operations of the Building Department and Plan Commission as well as to accept gifts, donations and grants."

Atty. Rinkenberger, "I think we might want to call the Building Department and have them come down, but basically what we are doing is creating another county procedure to keep track of fees and fines. Apparently the Plan Commission can accept gifts, donations and grants and for them to accept them they need a special fund and for fines and fees right now, that goes into the general fund but is used to pay for the Building and Plan Commission Departments. All this ordinance does is create a special fund where all fines, fees, donations, and gifts to the Building Department or Plan Commission will go into it and for accounting purposes and then payments can be made out of it to track what the department is earning and paying out. I worked with Bob Thompson closely on this, we probably had about ten different drafts. He presented it to the Plan Commission on June 12 and it was sent to the Porter County Board of Commissioners with a unanimous approval. They were happy to have such an accounting mechanism in place. The ordinance, like all our other special fund ordinances specifically sets forth what the money can be utilized for, what happens at the termination of the ordinance. It sets out pretty clearly that this was intended to alleviate the general funds from supporting the Building Department and the Plan Commission so that the funds, gifts, donations and grants are not sufficient to pay for the departments and the County Council will be requested and expected to appropriate funds for the departments."

Com. Burrus, "Bob, we have this request for an ordinance and Gwenn has kind of summarized the content of it. Any specific points you want to emphasize?"

Mr. Thompson, "At the June 11th meeting, the Plan Commission recommended approval by a 5-0 vote of the ordinance. A couple of us were happy to see it and expressed it at that meeting."

Com. Burrus, "I would like to point out this is in conjunction with the cooperative effort between the Council and the Commissioners and these two departments in trying to establish a mechanism whereby the Plan Commission and the Building Department are self sufficient. It has been mentioned the intent of this is to identify revenues they received and to use them for expenses to the extent they are available but it does not relieve the Council of the final fiscal responsibility of covering those expense issues should the fees and other revenue assortments not be adequate for whatever reason."

Atty. Rinkenberger, "There are a couple other things we could note. Right in the ordinance that we are creating the funds now but that no expenditures can be made from the fund until January 2004 and that gives these departments the opportunity to accumulate some funds so we will have a balance going into this in January 2004. If there is a shortfall, we will return to the County Council for additional appropriations needed to fund this__________."

Com. Evans, "I think everyone should be commended here. The Council for figuring out a way to take the money out of the general fund and make the department self sufficient, and Bob and Ray for working so hard and diligently in such a short period of time to put it together. It certainly is going to be a model that will give us something to be proud of. The fees are specifically impacted in a way that will cause a significant increase?"

Mr. Thompson, "At this time, I can only say we are researching that issue and looking at all items. One of the things is the amount of time we spent on each particular issue. I have not completed the research."

Com. Burrus, "I think the point there is that this will be establishing the fund but the fee structure has not been established."

Com. Evans, "As I understand it, last year we came within about $13,000.00 for $2,000.00 of equalizing what you collected and what your department pays and the other thing that needs to be mentioned is that this is not a money making objective so there is no way you are going to be doing this to earn money for the county; only to cover the fees that are generated by your office."

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

Update Building Department Ordinance
Ray Weltz, Building Inspector

Mr. Weltz, "We need to update the Building Department ordinance itself. It is pretty much outdated. I received a copy from the state and I am in the process of drafting it into our ordinance. Probably next week I will submit it to Gwenn to go over it. It is more detailed, there is more definition in it now and things that we should be doing."

REQUEST RAISING FEE FOR CONTRACTED COUNTIES FOR JUVENILE DETENTION
Ken Perkins, Director

Mr. Perkins, "Basically, you establish the per diem rate that we charge other counties for using the Juvenile Detention Center and currently that is $100.00 per day for county and $110.00 per day for those that are not contracted. We are requesting that effective January 2004, those be increased to $110.00 per day for contracted counties and $120.00 for non contracted counties. We have been in discussion with our contracting counties and advised them we were going to make this request so they are able to budget for and they found it reasonable and didn't believe it was going to hamper their use of the Juvenile Center and should affect their numbers at all."

Com. Evans, "Seems to be a standard inflationary clause."

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

Com. Evans, "There has been some bantering about the juveniles that are sent down state that
we end up getting billed back to the county. Who does the accounting on that process?"

Mr. Perkins, "I don't know. That is a long term question that has been ......, I don't know. I know that right now Juvenile Probation is going over what records there are and checking to make sure the names on the list are in fact Porter County kids that we did in fact send them to the Department of Corrections. They are trying to calculate the fees because once they are committed to the Department of Corrections, they then determine where they go and each place has a different rate so it gets very complicated figuring it out. I think a lot of the problem has been not that we denied we owed it, it was impossible to figure out why we owed a particular amount. But I have limited knowledge on that. I am not directly involved in that."

Com. Evans, "I appreciate that. Probably the courts would be a better place to look for an answer."

Mr. Perkins, "Yes, and it is being worked on. We have discussed it at our meetings and trying to find not only a way to resolve it now, but to avoid future problems."

CONTRACT FOR UPGRADING COUNTY'S AS400 MACHINE
Sharon Lippens, Director Data Processing

Ms. Lippens, "Good morning. This is a contract for updating the county's AS400 machine. The machine we are running right now, IBM, is dropping the line and if we do not upgrade, we lose the value of the machine as far as a trade-in. We do this every 3 years and anticipate this is a 3 year contract and at the end of these 3 years, we will be doing it again. The difference this time is that in years' past, we have always ended up refinancing money with the prior contract. We did not have to do that this year. The last contract we took out was for 3 years and it was paid off last month, so now we are only financing the upgrade at a lesser amount. So, in years' past there were other things that were financed in along with it. One being the case management software and other things in the past so now we are able to actually finance the upgraded cell without any extras added in. The monies for this are already allocated in the budget and in the contract we are purchasing it through Digiterra, which is an IBM business partner we are working with, and financing is going to be provided from IBM Credit Corp. and part of the verbiage is that if for some reason the money isn't appropriated that we can get out of the contract."

Com. Burrus, "Are you satisfied with that, Gwenn?"

Atty. Rinkenberger, "Yes."

Ms. Lippens, "If that occurs, obviously they will come and repossess the equipment. But it relieves the contract liability ......"

Com. Burrus, "As we approach the decision on this, I just wanted to make a comment. Sharon, you and I have worked together on your budget over the last couple of years and repeatedly you have been able to show good financial management on this. This is a good example; this machine now is paid off where in the past we would be refinancing the purchase of it as well. I think this is just one more item that the Data Processing folks would contribute to the overall savings. Significant also to this is the savings that was contributed as a result of the last round of cuts here about a month ago and between you and the Print Shop your total reduction was something in the amount of $130,000.00. So this is a consistent trend and I appreciate it personally, so thank you."

Com. Evans, "I would like to ditto those remarks and also add my thanks for your assistance with the assessors that has been ongoing and ask if there is anything we can do to encourage the task completion from your end of that project?"

Ms. Lippens, "I don't believe so. It has been going very well and from what I heard this morning, we have done several units that are complete and they are now working on how they are going to assist the other units to get completed."

Com. Burrus, "You mean the taxing units like townships?"

Ms. Lippens, "Yes."

Com. Evans, "I would like to encourage you to further research the Tippecanoe County system and see if we couldn't do that in-house and we wouldn't have these exorbitant contracts with these companies that don't perform."

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

REQUEST FOR A 4- WAY STOP SIGN AT SAGER/STURDY ROADS
Jack Jarnecke, Highway Superintendent

Mr. Jarnecke, "This has been going on now for about a year now. There was a letter delivered
to my office yesterday afternoon from Commissioner Sheets with regard to Bloomfield Creek subdivision. We took traffic counts last week."

Com. Burrus, "The request is to establish a three way or four way stop?"

Mr. Jarnecke, "A four way stop. The other subdivision on ... Sager is to Sturdy Road, is too straight in there, __________ Drive. Both these subdivisions are posted for 20 mile per hour speed limits. I think their main complaints and on the hill speeders go through these streets."

Com. Burrus, "Your recommendation and the engineer's recommendation is to install the signs, is that correct?"

Mr. Jarnecke, "Not my recommendation, no."

Com. Burrus, "We do have a letter with about 2 dozen signatures requested from the residents of there right now?"

Com. Evans, "There are 19 signatures. I think it is important to note that Indiana Law forbids the installation of stop signs as a speed control device. Most of these complaints are addressed to the speed in that area. Did the Sheriff's Department assist with this count, Jack?"

Mr. Jarnecke, "No, it was done through our engineering department."

Com. Evans, "How about we refer this to the Sheriff's Department and ask them for their input?"

Mr. Jarnecke, "That is fine with me."

Com. Burrus, "Do you have a recommendation of your own?"

Mr. Jarnecke, "I just feel that this should be a four way stop according to these traffic counts."

Com. Evans, "Are either one of these roads on an incline?"

Mr. Jarnecke, "No."

Com. Evans, "I would feel better before we take any action that the Sheriff's Department has input."

Com. Burrus, "We will table it until we hear back from the Sheriff's Department. The other thing, I am sure they know or would know as well as to what John commented on, is that the inappropriate use of stop signs, so we will see what they say."

Mr. Jarnecke, "It seems like anymore I see so much of it day after day, people don't even pay attention to these stop signs."

Com. Evans, "The other thing I know you are concerned about is when you plow a road it becomes very difficult to have to stop when you are only doing 20 miles per hour to get the intersection cleaned."

REQUEST FOR USE OF PARKING GARAGE AUGUST 1, 2003 FOR ROOFTOP RENDEVOUS–
Deb Butterfield, Valparaiso Chamber of Commerce

Ms. Butterfield, "I am here to ask for your reconsideration of our letter of request to utilize the parking garage for a summer event that we started last year in Valparaiso. It was very successful, people got a bird's eye view of downtown Valparaiso on a lovely summer evening and we would like to have the opportunity to do that again."

Com. Burrus, "We had that proposal before us about 2 months ago. We have had a number of discussions with both members of your group and your board and your president as well as members of this board. John, do you want to address this?"

Com. Evans, "Yes, I think that is the reason we asked you to come here so that we could get those discussions out of the way and they have been very beneficial to both sides. It is sometimes in the heat of things that things are said that shouldn't be said and I apologize if I have offended your board. I appreciate the work that you do and I think we should go ahead and approve the use of the facility."

Ms. Butterfield, "I appreciate that and I would just like to say that this is an opportunity for me to restate the Valpo Chamber's strong, strong commitment to county government and helping to work towards solutions that we can continue to keep Porter County the great place it is."

Com. Burrus, "Thank you for your remarks. Your original letter addressed some of the housekeeping things we need to deal with in terms of your insurance coverage and liability and so forth. So those will be taken care of?"

Ms. Butterfield, "Absolutely. We will have security on the premises. The insurance policy will be taken care of and that is where the alcohol _______________."

Com. Burrus, "And I think your people requested that space be made available from about noon on on the day of the event?"

Ms. Butterfield, "Yes, if possible, so we can get it decorated and get it ready for the event. If there is anything we can do to be flexible about that so to make it easier on your situation, we can certainly look at doing that."

Com. Burrus, "I just need to know what time schedule you are looking at."

Ms. Butterfield, "If it is stated in the letter at noon, probably that is the best thing to stick with."

Com. Evans, "It will probably be best to coordinate with Charlotte Miller."

Ms. Butterfield, "I think we gave a copy of all our insurance documents and so forth to your office so you would have that on file."

Com. Evans moved to approve the request for the Rooftop Rendezvous to be held on August 1, 2003, in the parking garage of the Administration Center, Com. Burrus seconded, motion carried.


COMMISSIONERS' REPORT

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

1. Utility Agreement for NIPSCO to set a pole on CR 200 North approximately 1/4 mile
west of CR 450 East. Recommend approval.

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

2. Performance Letter of Credit in the amount of $25,000.00 for Walnut Ridge Subdivision, is due to expire June 18, 2003. There are still deficiencies and the letter needs to be extended. Please authorize me to file a claim on this Letter of Credit if the renewal is not received by the 18th.

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

South District: David Burrus

1. Porter Minor #1545-C-1 Subdivision, located on the east side of CR 100 West between CR 350 South and CR 200 South. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Luis and Florentina Galvan. Recommend approval.

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


CORRESPONDENCE

Court Security monthly report for April and May 2003 is on file.
Treasurer's monthly report for May 2003 is on file.
Building Department's monthly report for May 2003 is on file.

Request to approve official bond for Clerk, Dale Brewer

Com. Evans moved to approve the official bond for Dale Brewer, Clerk, in the amount of $300,000.00, Com. Burrus seconded, motion carried.

Approve contract between Porter County Commissioners and Marshall County Board of Commissioners for juvenile services

Atty. Rinkenberger, "We'll have to approve it conditional upon the fee increase."

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

Request to approve recommendation of Center Workforce Innovations to reappoint Laurie Franke-Polz as director for Chesterton/Duneland Chamber of Commerce for 3 years

Com. Evans moved to approve the three year term for Laurie Franke-Polz as director of the Chesterton/August 5, 2003 Duneland Chamber of Commerce for 3 years from June 1, 2003 to June 30, 2006, Com. Burrus seconded, motion carried.

Portage Community Hospital Helicopter pad installation

Com. Evans, "Portage Community Hospital recently installed a helio pad at their facility in Portage. It has brought a tower that is located at our north county government complex into question because it is not lighted. I asked Sharon before she left to research the cost of lighting the tower. She sent out bids and got two responses, the lower of the two is $8,500.00 fee to install the light completely. This would be to prevent the helicopter from running into the poles of the tower and the guide wires that are there. I have been corresponding with the hospital in an attempt to split the fee and I am awaiting the final approval back from them. I guess I would like to ask permission to go ahead if we can negotiate that 50-50 payment."

Com. Burrus, "Is that in the form of a motion?"

Com. Evans, "Yes."

Com. Burrus, "And that would be to approve a 50-50 split of the lowest bid for lighting the tower?"

Com. Evans, "Yes."

Com. Evans moved to approve the 50-50 split for payment for lighting the tower, Com. Burrus seconded, motion carried.


NIPSCO'S ODORIZATION STATION

Com. Evans, "The other thing I have for discussion is I received a correspondence from the neighbors opposing NIPSCO's odorization station better known as "NO-NO". They ask for our favorable support in their endeavor to stop the odorization station from going in at Jackson Township. This request is very similar from the ones we received when the land fill was proposed. Whatever we feel individually as human beings is not to answer into our decisions that are made in these regards. The state law precludes us from making endorsements to these types of agencies because we as the Board of Commissioners appoint the body that would ultimately hear the case from the Board of Zoning Appeals. So if we go around endorsing this group or that group regardless of what we might feel about it personally, it gives the people that win or lose in those quasi-judicial hearings the Board of Zoning conducts, it is grounds for appeal and probably grounds that would justify their appeal. So we have to remain neutral and take no position as a board in this issue. I just wanted to throw that out so that the NO-NO's know that we are not discrediting their position or not supporting or endorsing but that we are really precluded from doing either."

Com. Burrus, "I would agree with that completely and I think it is important to realize there are certain things we cannot do without interfering with the established legal process. As John mentioned, anything that might find it's way through or before the Board of Zoning Appeals would certainly be a questionable activity inasmuch as we appoint the majority of those members. So, to reinforce exactly what John said, our own personal opinions aside, this would not be an appropriate action. As we move toward the end of this session, we do have an afternoon session. We have on the agenda second readings of two rezoning issues. And there is a possibility we might have some information available on the progress of our delinquent personal property tax issue."

Marge Hefner comments

Ms. Hefner, "I am from South County and the weeds down there, I am saying this publically, I feel it is safe to say, are four feet high at the crossroads. I have contacted the Highway Department several times this year and it seems to fall on deaf ears. This is a re-occurring thing every year in South Porter County. I am sure it is cheaper to hire somebody to come out there with a mower than it is for somebody to get hurt and have a lawsuit for $200,000.00, $300,000.00 or $400,000.00. I am sure our Commissioner has talked to these people out there about it, so I don't put the blame on him. I just ask for them to mow the crossroads. The example I use is 500 and 900. That is a through road, there is a lot of traffic. I went the back roads coming up here and there are several other roads, crossroads that haven't been mowed. It is a safety thing and I am requesting this be taken care of before some one gets hurt."

Com. Burrus, "Thank you. On that topic, we have one mowing machine for each district and I did see the South District machine mowing on my way in. I suspect there could be a case made very strongly that it would be another issue to try to expand on, at the same time we have people saying why spend money on that."

Com. Evans, "The Highway is 5 people short and they were last year, too."

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


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

NIRPC'S EXPANSION PROJECT FOR 2003

Com. Evans, "There was an item we forgot to take care of in this morning's session and it dealt with NIRPC's expansion project for 2003 Regional Transportation Plan and the plans submitted by the City of Valpo for some extra money in regards to an interchange at State Road 49 and Couty Road 500 North; and interchange State Road 49 and County Road 600 North, a bike path from Rogers Lakewood Park to Sunset Hill Park, and a bike path from Sunset Hill Park to the Chesterton town limits and they are all part of the Master Plan of the job."

Com. Burrus, "This would be the Porter County contribution to that plan?"

Com. Evans, "Correct."

Com. Evans moved to accept all the plans, Com. Burrus seconded, motion carried.

Rezone-RR to R1-Bank Calumet Trustee No. 5011, 2nd reading
Robert Thompson, Plan Commission Director
Todd Leeth, Attorney

Mr. Thompson, "The first case is Plan Commission No. 03-C-3, Bank Calumet Trustee No. 5011. This was heard on April 9, 2003 forwarded to the Commissioners with a favorable recommendation of 5-2 vote and this is second reading."

Todd Leeth, "This is actually a corrective petition. If you will recall, the Commissioners adopted the ordinance last Fall in November or December with an error in the notice when my client, on his own did that, and now we're coming back and correcting that with proper notice."

Com. Burrus, "Was that an address issue?"

Mr. Leeth, "There were a good number of those that had a Hebron mailing address when in fact it should have been a Valparaiso address."

Com. Burrus, "This is going to have a proposed single family development on 126 acres and will be utilizing the services of the Lake Eliza Conservancy District?"

Mr. Leeth, "That is correct. There is a public hearing scheduled before the Plan Commission on July 9th for a primary plat approval for that development."

Com. Burrus, "And they do have a commitment for the utilities?"

Mr. Leeth, "Yes, they do indeed."

Com. Evans moved to approve on second reading Case No. 03-23, rezone from RR to R1, Com. Burrus seconded, motion carried.

Rezone C1 to C4, Gus Karras and Emanuel Manos, 2nd reading

Mr. Thompson, "This is Plan Commission 03-04, amendment for Gus Karras and Emanuel Manos requesting a rezone from C1 to C4. This was before the Plan Commission at the April 9th meeting and forwarded to the County Commissioners with a favorable recommendation of 7-0 vote with recommending written commitments. Since that time, I have received written commitments for the parcel and I did drive up there this morning because one of the requirements were to clean up the parcel. I don't know what it looked like in between the time. . . They have made progress."

Com. Evans, "Yes, I went by there myself and the progress is ongoing and it looks like it is going to be a good thing."

Com. Burrus, "Do we expect to see the progress continue?"

Unidentified man, "Yes, we worked hard to get to this point knowing that you would require it. We did have a restriction on land use that was requested by ____________________ in the Plan Commission. (The rest of his comments were inaudible)

Com. Evans moved to approve Case 03-Z4 with written commitments on 2nd reading,

Com. Burrus, "Those commitments do include continuing of the clean up, correct?"

Man, "It is not in writing but that is part of the understanding."

Com. Burrus, "Just to remind everybody that is part of the understanding that we have."

Com. Burrus seconded, motion carried.

Com. Burrus, "Okay, Bob, do you have anything else?"

Mr. Thompson's request for time off

Mr. Thompson, "Well, you can sign this paper that docks me for five days' pay next week. I have to leave for Florida next week to close on my house. I don't want to use my personal days, I think I need to save them, so...."

Com. Burrus, "I will be glad to sign it if this is what you want to do."

Mr. Thompson, "I don't know how else to do it. I don't want to use personal days, I only have 9 days of sick days and I don't want to use them because the following week I close on my other house and I have to move in. I don't have no idea how to work this."

Com. Burrus, "Do you have any ideas of accommodation?"

Atty. Rinkenberger, "Well, we don't really need to be on the record, why don't we adjourn?"

Appoint Com. Burrus to Plan Commission due to Com. Sheets' absence

Com. Evans, "Okay, before we adjourn, I think we need to address Commissioner Sheets' absence on the Plan Commission and make a motion that Commissioner Burrus fill in the interim until Commissioner Sheets is able to return . . ."

Atty. Rinkenberger, "I'll second that." (Jokingly)

Com. Burrus, "You don't have that privilege."

Com. Evans, ". . . if you are willing to do that."

Com. Burrus, "I think part of our concern here is that Larry Sheets has been a representative of this Board obviously and we want to make sure our views, our decisions, and our intentions are expressed at the meetings. This would be the only way that we can see where we can accomplish that until he is up and running and ready to go again. Sure you don't want this, John?"

Com. Evans, "Well, I think you are probably the better person."

Com. Burrus, "Okay then, with that bit of tongue-in-cheek assessment, I'll second your motion. All those in favor indicate by saying "aye",

Com. Evans, "Aye."

Com. Burrus, "Aye. Opposed same sign? Motion carries."

Com. Evans, "I move we recess,

Com. Burrus, "I will need a motion to that effect, I have it, okay I need a second,"

Com. Evans, "Second,"

Com. Burrus, "Those in favor signify by saying, "aye"

Com. Evans, "Aye."

Com. Burrus, "Aye, we'll stand in recess."

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor