PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JULY 1, 2003

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, July 1, 2003 in the Commissioners' Chambers of the Administration Center.

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

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

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of June 30, 2003, Com. Sheets seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of July 1, 2003, Com. Sheets seconded, motion carried.

ORDINANCE NO. 03-11; ESTABLISHING AN IMMUNIZATION DONATION FUND-2ND READING

Com. Burrus, "We have some ordinance readings today, 2nd readings, for three different ordinances from our last meeting. The first being an ordinance to establish an immunization donation fund within the Health Department. Dave Hollenbeck is not here and I don't think it is necessary for him to be."

Com. Evans, "This fund was created specifically for the donations from Porter Memorial to the immunization clinic for the Health Department and is a way to track the funds."

ORDINANCE NO. 03-11
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE ESTABLISHING AN IMMUNIZATION DONATION FUND
-----

WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Thursday, 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 on the Porter County Code; and
WHEREAS, I.C. 36-1-3-2 grants the Porter County Board of Commissioners all the powers they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that when there is no constitutional of statutory provision requiring a specific manner for exercising power, the Porter County Board of Commissioners may adopt an ordinance prescribing a specific manner for exercising power; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the deposit of charitable donation and other revenues generated for the continuation and supplementation of the Porter County Health Department Immunization Program.

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED that:
1.Chapter 3.54 (Ordinance establishing an Immunization Donation Fund), Section 3.54.010
(Fund Established) is added to the Porter County Municipal Code to read as follows:
3.54.010 Fund established
The Board of Commissioners does determine that a need exists for the creation of an Immunization Donation Fund whereby all charitable donations and revenues received by the Porter County Board of Health for the benefit and advancement of the Porter County Health Department Immunization Program shall be deposited in said fund. (Ord. 03- )
2.Chapter 3.54 (Ordinance establishing an Immunization Donation Fund), Section 3.54.020
(Use of revenues) is added to the Porter County Municipal Code as follows:
3.54.020 Use of Revenues
The fund received and deposited in the Immunization Donation Fund can be used only for the specific purposes set forth in this chapter. The funds received and deposited in the Immunization Donation Fund will be expended exclusively for the Porter County Health Department Immunization Program. (Ord. 03-____).
3. Chapter 3.54 (Ordinance establishing an Immunization Donation Fund), Section 3.54.030 (Termination of fund-Transfer of fund) is added to the Porter County Municipal Code to read as follows:
3.54.030 Transfer of fund-Transfer of fund
The Immunization Donation Fund shall remain in existence and remain in perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Board of Commissioners; and if and when a subsequent ordinance is passed to terminate the existence of the Immunization Donation Fund, fund balance existing and if not otherwise provide for ordinance if any at that time shall be transferred to the Health General Fund. (Ord. 03-___).

This ordinance passed and adopted this 1st day of July, 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 Ordinance No. 03-11 on 2nd reading, Com. Sheets seconded,

Com. Sheets, "Once again, I want to thank Porter Memorial Hospital for their donation."

Com. Evans, "I think the physicians also are involved in that, too."

Com. Burrus, "I want to comment also along those lines. We had a representative from the Union Township schools yesterday as one of the candidates for consideration for the hospital board appointment and they too, wanted to express their appreciation to the hospital and the physicians for that gesture of community service. So, thank you from them."

Com. Evans, "Do we have a number for that?"

Linda Walker, "03-11."

Com. Evans, "That will be Ordinance No. 03-11."

Motion carried.

ORDINANCE NO. 03-12, AN ORDINANCE AMENDING ORDINANCE NO. 91-14, ORDINANCE ESTABLISHING A 911 EMERGENCY TELEPHONE SYSTEM-2ND READING

Com. Burrus, "This is an ordinance amending a previous ordinance which addresses the 911 Emergency Telephone System. Is there any further discussion on that before we address it? It consisted of what again?"

Atty. Rinkenberger, "All we did was retract new state law language."

ORDINANCE NO. 03-12
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING ORDINANCE NO. 91-14
ESTABLISHING A 911 EMERGENCY TELEPHONE SYSTEM

WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Thursday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to amend Ordinance No. 91-14 as it is found in the Porter County Municipal Code; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to amend Chapter 8.16 of the Porter County Code entitled 911 Emergency Telephone System; and
WHEREAS, I.C. 36-1-3-2 grants the Porter County Board of Commissioners all the powers they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that when there is no constitutional or statutory provision requiring a specific manner for exercising power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising power; and
WHEREAS, I.C. 36-6-16-1 allows the establishment of an Emergency Telephone System and the imposition of fees to pay the cost of said system which will hereafter be referred to as the "E-911 System"; and
WHEREAS, pursuant to I.C. 38-8-16-5(b) the County fiscal body may impose a county wide fee and establish a county wide enhanced Emergency Telephone System; and
WHEREAS, pursuant to I.C. 36-8-16-5(b) the fee imposed must be sufficient to pay the cost of the installation and operation of the enhanced Emergency Telephone System for all participating agencies; and
WHEREAS, the Porter County Council did, on July 31, 1990 adopt Ordinance No. 90-1 imposing a county wide fee and established ac county wide enhanced Emergency Telephone System; and
WHEREAS, the Porter County Council did on May 27, 2003 adopt Ordinance No. 03-05-27 increasing the county wide enhanced Emergency System fee; and
WHEREAS, the use of the telephone system fee is governed by I.C. 36-8-16-14; and
WHEREAS, the Porter County Board of Commissioners, as the legislative body, is responsible for appropriating money in the E-911 fund for expenditures set forth in I.C. 36-8-16-14; and
WHEREAS, I.C. 36-8-16-14 sets forth the specific purposed for which the Emergency Telephone System fee shall be used.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED by the Porter County Board Commissioners that:
1.Chapter 8.16 (Ordinance Establishing an Emergency Telephone System) Section 8.16.010 is added to the Porter County Municipal Code to read as follows:
8.16.010 System adopted
The Board of Commissioners adopts an E-911 system to send automatic number identification and automatic location identification for reporting fire, police, medical, and other emergency situations.
The aforesaid E-911 system shall be adopted for the benefit of all incorporated or unincorporated areas within Porter County which are not already served by a presently existing E-911 system. (Ord. 03-_____ and Ord. 91-14, §§ 1, 2)
The enhanced emergency telephone system funded by the fee imposed pursuant to I.C. 36-8-16-5(b) shall consist of a minimum of (1) primary pubic safety answering point located at the Porter County Sheriff's Department.
2.Chapter 8.16.020, Monthly Service Fee, is added to the Porter County Municipal Code to read as follows:
8.16.020 Monthly service fee
A monthly service fee per telephone access line will be collected by the service supplier to pay for the lease, purchase or maintenance of an E-911 system, including necessary computer hardware, software and data base equipment; and the rates associated with the service supplies enhanced emergency telephone network service. The fee shall be established at the rate determined by the Porter County Council and will be assessed against all access lines of telephone subscribers in the service are covered by the E-911 system. (Ord. 03-___ and Ord. 91-14 §3).
3.Chapter 8.16.030, Use of Monthly Service Fee, is added to the Porter County
Municipal Code to read as follows:
8.16.030 Use of fee
The Emergency Telephone System fees shall be used only to pay for those expenditures set forth at I.C.36-8-16-14. The Porter County Board of Commissioners may appropriate the money in the fund for such expenditures as their discretion. The fees from the Emergency Telephone System shall be used only to pay for:
1.Lease, purchase or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software and data base provisioning;
2.The rates associated with the service suppliers enhanced emergency telephone system network services;
3.The personnel expenses of the emergency telephone system; and
4.The lease, purchase, construction, or maintenance of voice and data communications equipment, communications infrastructure, or other information technology necessary to provide emergency response services under authority of the unit imposing the fee.
4. Chapter 8.16.040 Service user Fees and Delinquent Fees is added to the Porter County Municipal Code to read as follows:
8.16.040 Service User Fees and Delinquent Fees
The person who uses an exchange access facility is liable for the monthly enhanced emergency telephone system fees, if any, imposed with respect to that facility. Each service supplier shall, on behalf of the unit, collect the fee from those service users to whom it provides exchange telephone service in the unit. The service supplier shall collect the fee, for each month or part of a month an exchange access facility is in service, as part of its normal monthly billing process, and it may list the fee as a separate entry on each bill. If the service supplier receives a partial payment from a service user, the service supplier shall apply the payment against the amount the service user owes the service supplier first. I.C. 36-8-16-11(a). (Ord. 03-____; Ord. 91-14).
During January of each year, each service supplier that is required to collect the fee for a particular unit shall provide the treasurer of the county or the fiscal officer of the municipality with a delinquent fee report. In a county having a consolidated city, each service supplier that is required to collect the fee shall provide the delinquent fee report to the fiscal officer for the consolidated city. On the report, the service supplier shall list the name and address of each service user who is two (20 or more months delinquent in paying the fee. The service supplier shall also indicate the amount of delinquent fees for which each person included on the list is liable. I.C. 36-8-16-11(b).
A service supplier has no obligation to take any legal action to enforce the collection of the fees for which any service user is liable. However, an action may be initiated by the unit that imposed the fees. I.C. 36-8-16-11(c).
5.Chapter 8.15.050 , E-911 Fund is added to the Porter County Municipal Code to read
as follows:
8.16.050 E-911 fund
The porter County Auditor shall deposit the remitted fees in a separate fund known as the E-911 fund consistent with I.C. 36-8-16-13. The county auditor may invest money in the fund in the same manner as other moneys are invested with the interest earned from such investment to be deposited to the E-911 fund. (Ord. 03-____; Ord. 91-14, sec. 5)
This ordinance passed and adopted this 1st day of July, 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 Ordinance No. 03-12 on 2nd reading, Com. Sheets seconded, motion carried.


ORDINANCE NO. 03-13, CREATING A NON-REVERTING FUND FOR REVENUES GENERATED FROM THE OPERATION OF THE BUILDING DEPARTMENT AND PLAN COMMISSION ACCEPTANCE OF GIFTS, DONATIONS AND GRANTS, 2ND READING

Com. Burrus, "The third ordinance for consideration on the 2nd reading is an ordinance
proposing to create a non reverting fund for revenues generated from the operations of the Building Department and the Plan Commission and also for the acceptance of any gifts or donations or grants that might be available for those departments. Ray, do you have any comments?"

Ray Weltz, "Not at this time."

Com. Burrus, "I would like to stress that this is the creation of a fund to receive any of these dollars that we are talking about. There has been some discussion considering the alteration of fees that the two departments charge and that is under review and will be discussed as some later date."

Mr. Weltz, "Yes."

Com. Burrus, "But right now this ordinance simply creates the fund that can receive those and nothing more, is that clear in everybody's mind?"

Com. Evans, "Yes."

Atty. Rinkenberger, "And receive the fees that we are charging right now after the date of passage."

Com. Burrus, "Okay, but there is no language, no intent, for any kind of change in fees at this time?"

Atty. Rinkenberger, "No. There is no fee increase involved in the ordinance."

Com. Evans, "At this point in time, there is no intent to expend any of those fees until next year, is that right?"

Mr. Weltz, "That's right."

Com. Burrus, "Any further discussion? Mike, yes?"

Mike Aylesworth, "From the Porter County Builder's Association I'd like to say we are pleased to join with this concept; that we support a concept like this to make the Plan Commission and Building Departments self sustained. So we think this is a good idea to move in the right direction. We are very interested when you are talking about the fee schedule. So we want to be involved in that with you as much as possible. We support this very much."

Com. Burrus, "I appreciate your comments and we will make sure there is discussion and input."

Com. Evans, "I need to do a little housekeeping on the last one (ordinance) because it was the amendment to Ordinance No. 91-14 and it should be approval of Ordinance No. 03-12. I stand corrected."

ORDINANCE N0. 03-13
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE CREATING A NON-REVERTING FUND FOR REVENUES GENERATED FROM THE OPERATIONS OF THE BUILDING DEPARTMENT AND PLAN COMMISSION AND ACCEPTANCE OF GIFTS, DONATIONS AND GRANTS
WHEREAS, the Porter County 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 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 Council has declared a financial emergency in Porter County and has requested the Porter County Plan Commission and the Porter County Board of Commissioners to create a special fund so that monies deposited can be utilized to supplement the budgets of the Porter County Building Department and the Porter County Plan Commission and thereby alleviate the General Fund; and
WHEREAS, if funds and fees deposited in said special fund are insufficient to pay for the entire operation of the Building Department and Plan Commission, the Porter County Council will be requested to provide additional monies from the General Fund to continue the operation of the Building Department and Plan Commission; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of revenues generated from gifts, donations, grants, fees and fines from the operation of the Building Department and Plan Commission; and,
WHEREAS, I.C.36-7-4-411 grants the Plan Commission the power to establish a schedule of reasonable fees to defray the administrative costs connected with the following; (1) processing and hearing administrative appeals and petitions for rezoning, (2) special exceptions, (3) special uses, (4) contingent uses; and variances; (5) issuing permits; and (6) other official actions taken under I.C. 36-7-4 chapter; and,
WHEREAS, the Plan Commission has established a schedule of fees to defray costs, which schedule is contained in chapter 17.76 of the Porter County Code, which is subject to revision from time to time; and
WHEREAS, I.C. 36-7-4-310 states that a county plan commission may accept gifts, donations and grants from private or governmental sources for advisory plan commission purposes or planning department purposes, and that the Plan Commission shall deposit any money so accepted with the county in a special non-reverting fund to be available for expenditures for the purpose duly designated; and
WHEREAS, the Porter County Board of Commissioners did establish a Porter County Building Department pursuant to I.C. 36-7-8-2; and
WHEREAS, I.C. 36-7-8-10 provides that an ordinance adopted by the Porter County Board of Commissioners pursuant to I.C. 36-7-8- may provide for reasonable penalties for violations; and include reasonable fees for permits; and
WHEREAS, the Porter County Board of Commissioners has established reasonable fees to defray the costs of the Building Department, which schedule is contained in chapter 15.20 of the Porter County Code, which is subject to revision from time to time; and
WHEREAS, the Porter County Board of Commissioners have deemed it necessary for the effective operation of government to create this special fund for the deposit of revenues generated by the Building Department for fees and fines; and
WHEREAS, I.C.36-7-4-1018 states that ordinances approved by the Porter County Board of County Commissioners adopted under the I.C. 36-7-4 chapter may provide for penalties for violations, subject to I.C. 36-1-3-8.

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED that:
1.Title 3, Revenue and Finance of the Porter County Municipal Code is hereby amended through the addition of Chapter 3.50 entitled Building, Planning and Zoning Fund;
2Chapter 3.50 (Ordinance Establishing a Porter County Building, Planning and Zoning Fund) Section 3.50.010 (Fund established) is added to the Porter County Municipal Code to read as follows:
3.50.010 Fund established
The Board of County Commissioners does hereby determine that a need exists for the creation of a Porter County Building, Planning and Zoning Fund whereby all revenues generated by fees and all proceeds from the acceptance of gifts, donations and grants shall be deposited in said separate fund.

The following monies received by the Building Department and Plan Commission shall be deposited in this Building, Planning and Zoning Fund: (a) application fees received by the Building Department and Plan Commission for Improvement Location Permits and Electrical Upgrade Permits; (b) application fees for petitions to the Plan Commission, Board of Zoning Appeals and Technical Advisory Committee; (c) those donations received from any private or governmental source, which are particularly specified to be deposited in this Building, Planning and Zoning Fund or to be used for the specific purposes of said fund; (d) those fees generated from Building Department and Plan Commission operations which the Board of County Commissioners approves for inclusion within the Building, Planning and Zoning Fund.

The Porter County Auditor's Office shall establish the Building, Planning and Zoning Fund pursuant to the provisions of this ordinance and any balances in the Building, Planning and Zoning Fund at the end of any given calendar year shall be carried forward.

All monies received by the Building Department and Plan Commission pursuant to this ordinance shall be deposited weekly with the Porter County Auditor's Office and the Porter County Auditor shall credit such deposits to this Building, Planning and Zoning Fund.

3.Chapter 3.50 (Ordinance Establishing a Porter County Building, Planning and Zoning Fund) Section 3.50.020 (Use of Fund) is added to the Porter County Municipal Code to read as follows:
3.50.020 Use of Fund
The revenues generated and deposited in the special non-reverting Building, Planning and Zoning Fund shall be utilized specifically and exclusively for expenditures related to the operation of the Building Department and Plan Commission. The Building, Planning and Zoning Fund is intended to supplement the costs associated with the operation of the Building Department and Plan Commission. Expenditures from the Building, Planning and Zoning Fund shall be approved by the Porter County Board of Commissioners. Said expenditures to include but not be limited to: (a) the compensation of employees of the Plan Commission and Building Department; (b) members of the Plan Commission and Board of Zoning Appeals; (c) to retain counsel for the Plan Commission and the Board of Zoning Appeals; (d) for the operational costs of the Building Department and Plan Commission; (e) and other expenses designated by the Board of County Commissioners. Said employees compensated shall include but not limited to Executive Director, Building Commissioner, Building Inspectors, Building Secretary, Zoning Inspector/Assistant Planner, Administrative Assistant, First Deputy, Second Deputy and other positions and/or employees the Board of County Commissioners deem necessary for the operation of the Building Department and for which the Plan Commission Board deems necessary for the operation of the Plan Commission.

Any funds contained in the Building, Planning and Zoning Fund shall be appropriated only upon recommendation from the Board of County Commissioners and after the Porter County Council approves the appropriation pursuant to the rules for budget appropriations. Said funds shall be appropriated only for the specific purposes set forth in this ordinance.

If the balance of the Building, Planning and Zoning Fund is insufficient the Porter County Council will be requested to provide additional monies from the General Fund to continue operation of the Building Department and Plan Commission.

Expenditures from the Building, Planning and Zoning Fund for the purposes stated herein shall commence effective January 1, 2004.
4.Chapter 3.50 (Ordinance Establishing a Porter County Building, Planning and Zoning Fund) Section 3.50.030 (Termination of funds, transfer of funds) is added to the Porter County Municipal Code to read as follows:
3.50.030 Termination of funds, transfer of funds
The Porter County Building, Planning and Zoning Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent Ordinance enacted by the Board of County Commissioners of Porter County; and if and when a subsequent Ordinance is passed to terminate the life of the Porter County Building, Planning and Zoning Fund, the fund balance existing and if not otherwise provided for by ordinance, if any at that time, shall be transferred to the County General Fund.
This Ordinance passed and adopted this 1st day of July, 2003.
BOARD OF COUNTY 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 Ordinance No. 03-13 on 2nd reading, Com. Sheets seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS
Sandy Ogle, Animal Shelter Director

Ms. Ogle, "I brought in a chart of statistics of how many calls we went on in each municipality last year and none of the contracts have been raised since 1995, so I had a meeting with the Animal Welfare Board last week and we would like to implement $31.00 a call per statistics from last year. If you will notice on the chart, on the report, too, the municipalities would go down and the 6 remaining would go up."

Com. Burrus, "Is this somewhat of an effort to standardize the amount that's charged?"

Ms. Ogle, "Yes."

Com. Burrus, "Okay, so you have two decreases and the remaining would be slight increases?"

Ms. Ogle, "Yes."

Com. Evans, "Sandy deserves a pat on the back. This is an effort by the Council due to a cost savings mechanism and through that process we discovered that we were really not being equitable to everyone involved. So this will put everybody on an even playing field and will be a much more amicable way of doing it."

Com. Sheets, "Are we with the understanding that if they don't have a signed contract when it is due we will not respond?"

Ms. Ogle, "That is what I want to discuss also, how you want to handle that."

Com. Evans, "It pertains to only one area, doesn't it?"

Ms. Ogle, "Yes."

Com. Burrus, "Could we address the fee situation first and then come back?"

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

Ms. Ogle, "Thank you. Do you want me to bring up the municipality that hasn't paid?"

Com. Evans, "Yes, we might as well go into that."

Ms. Ogle, "Burns Harbor hasn't paid since 2001 but we have proceeded to service them so really they need to pay for 2002 and 2003 and if you notice their fee is cut drastically for 2004 even though they haven't paid for the past two years. I know Mr. Evans had made a comment that in the past he wanted Matt Soliday, the Animal Welfare Board attorney, to send them a letter but I haven't had him do it yet until we have this straightened out on the new fees. Do you want me to have him send a letter to Burns Harbor relating to this issue?"

Com. Burrus, "It would seem to me that the fee structure that we are approving today would go from some point onward into the future. Anything that is due and payable is in the past and is a collection issue that would seem to be appropriate for your board attorney to pursue."

Ms. Ogle, "Okay."

Com. Burrus, "Is there anything contrary to that?"

Com. Evans, "The reason that we allowed Burns Harbor to become in arrears, they were in the same situation we were. As a government, they had no money to pay their bills. They did send us a letter to that effect that they were not going to be able to do that. So, I think we should in turn send them a letter telling them what their bill is and advising them there will no longer be service if they can't pay their bill."

Ms. Ogle, "Do you want me to give them until the end of the year?"

Com. Burrus, "In my view, it would be appropriate for your board attorney to make that type of determination. I don't know that would come to us as far as the deadline."

Com. Evans, "The deadline, yes, but I don't think we should continue to service them if they are not going to be able to pay. How much do they owe us?"

Ms. Ogle, "$2,200.00 plus next year because they haven't paid anything since 2001. So have the Board make the determination?"

Com. Evans, "I think the Board should make the determination on time and I think whatever time they give them will be adequate but I think we need to be firm in letting them know we are not going to continue their service."

Com Burrus, "The reality of the situation is that we recognize that they are in financial straights and difficulty as we are as well. So the intentions might be good but we are not able to provide. Do you have anything else, Sandy?"

Ms. Ogle, "Yes. I would like to implement, we want to call it a non-contractual intake fee. There are three areas in Porter County: Ogden Dunes, Dune Acres and Portage that do not have contracts with Porter County for animal control services. Especially the area of Portage, we get in masses of animals from that area. The city of Portage currently has contracted with Hobart Humane Society for their citizens to take animals and Portage Animal Control also takes their animals in there for a certain fee but we are getting the brunt of the animals from Portage."

Com. Sheets, "Why is that?"

Ms. Ogle, "Because it doesn't cost them anything. And when they take them into Hobart it costs them something."

Com. Sheets, "Why do we respond?"

Ms. Ogle, "We don't go into there. Say a citizen finds an animal or they don't want their animal anymore, they bring it to us. Since they are a Porter County resident we have never charged them anything. But they are getting the same benefits as all the municipalities that are paying the county a fee."

Com. Evans, "Are we charged by law with having the facility?"

Ms. Ogle, "I asked Gwenn and she said . . ."

Atty. Rinkenberger, "I don't see why we can't charge a fee."

Com. Sheets, "That raises the question that has been around a long time. And it is normally the one that Valparaiso uses. By paying the property . . ., and I take no sides, the taxpayers throughout this county pay taxes for that building and the people like Sandy. Those other municipalities will contract with us, pay those people who go to their communities and pick up the animals, so I raised the question, and if you want to give me an argument that is fine, but that their personal property paid for that building; they are already paying through their property taxes. Now if they bring a stray dog, whether it is Portage or Valpo, . . ."

Atty. Rinkenberger, "There is a lot more to it than just paying for the building. The property taxes go for the building, but if you have animals then they have the cost of feeding them and euthanasia and all these costs associated with taking in an animal, maybe the property taxes aren't sufficient. I don't know."

Com. Evans, "What if they live in an apartment, they don't pay property taxes."

Com. Sheets, "This is an argument I have had for a long time and I don't have the answer. I guess the question would be is a fee legal to be charged to these people."

Com. Burrus, "This might be something we want to take under advisement before we do anything."

Com. Sheets, "Under advisement, but why would your attorney not be available to your board to answer that question. Do you understand the question we have? And if he is, why not make a recommendation? Maybe your board can handle it, if not, and it should be our jurisdiction, then make a recommendation back to us."

Ms. Ogle, "Okay. You want me to have our attorney check into that?"

Com. Sheets, "I think so."

Com. Evans, "The other municipalities we render the service, do we go to their locale, we pick up the animal and we take it to our facility. What we are talking about is the municipality making the removal or picking up the animal and then just dropping it at your facility?"

Ms. Ogle, "Right. Because right now the city of Portage, when a citizen of Portage finds a stray animal and they take it to Hobart Humane, the city of Portage is sent a bill for $12.00."

Atty. Rinkenberger, "So Hobart Humane has an intake fee?"

Ms. Ogle, "Yes."

Com. Evans, "What do we charge a resident of Hebron who brings a dog to you?"

Ms. Ogle, "Nothing."

Com. Burrus, "Okay, we need to do some more research on this. If there is nothing else on your agenda, we appreciate your time on that one and we will see how that turns out and get back to us."

Proposal from Government Fixed Asset Service, Inc.
Sandy Vuko, Porter County Auditor

Ms. Vuko, "Have you all got your information on this?"

Com. Burrus, "I think so. This is a contract with Government Fixed Asset Service, Inc."

Ms. Vuko, "Right."

Com. Burrus, "You might give us a review of what that service provides."

Ms. Vuko, "That service provides all of them going into the Highway Department and basically working with the engineers and the Highway Department. This is for infrastructure, like for bridges; what the county consists of; our inventory; and our assets. I think our cap now is $500. I am kind of looking forward to go up to $5,000.00. This needs to be done. We have been reviewed by the State Board of Accounts and for a numerous amount of years and we need this done. This is coming up and is going to be mandatory and so I thought if we went ahead and at least started this year getting some of those assets and infrastructures done, that we would be half way through this. This is going to take a while. To help with the borrowing situation of the county, this is something that has to be done."

Com. Burrus, "I understand where you are coming from, Sandy. I know from one of the reports I have read that every governmental entity is required to have a listing of assets and their acquisition value. Dependent upon what level of value that is established, it could be as complete as individual copy machines, typewriters, whatever. Obviously we have a tremendously long list of these things. This firm will be looking specifically at just one department. Is that right?"

Ms. Vuko, "Basically the larger infrastructure with the Highway Department. As it explains down here, the infrastructure assets classification and units of measure, and you know, we are not going to go into the small inventory within the offices at this point. That is not really necessary. What we are looking at basically right now, the situation with the county, the money situation, our biggest assets are what really counts. This is what we need to look at and see what actual value the county has. So if we go out for more money, it is right there. It is an important thing."

Com. Burrus, "These folks, if they receive the contract, will they be looking at real estate or will they be looking at other departments as well?"

Ms. Vuko, "No."

Com. Evans, "I thought our biggest asset was our people."

Ms. Vuko, "Well, it is."

Com. Evans, "$9,800.00? And where is the money coming from?"

Ms. Vuko, "I don't know. That is what I was going to ask you. That is the trick question."

Com. Burrus, "I think there is no dispute this is a requirement that needs to be addressed. Now whether it is done contractually or otherwise."

Com. Evans, "Do we take it out of the Council's budget?"

Com. Burrus, "Sandy, do you know, is there any firm that is able to do this same type of service that would be county wide, county government wide, as opposed to just focusing on one department?"

Ms. Vuko, "They can do it all. But I didn't think that right now is the time. In fact, I think they have done work for us before. I have seen some reports in the office on this."

Com. Burrus, "I don't know if I can come up with a funding source right off the top of my head, but we might want to take this under consideration, review it, and address it at our next meeting."

Atty. Rinkenberger, "We would like a representative from this group to come in here and discuss how much it would cost to take this farther."

Com. Evans, "Maybe they could tell us how they are typically paid."

Ms. Vuko, "Okay, sounds good."

Atty. Rinkenberger, "Maybe we could get more assets."

Com. Burrus, "Let's do that. We will continue this until such time that a representative is available."

Ms. Vuko, "I'm sure they will be glad to come up and explain everything to you."

Com. Burrus, "In the meantime, I will get some of the information together I am familiar with that substantiates the need. I know that there is a requirement on this."

E-911 Tiburon lease–David Sheibel, Director

Mr. Sheibel, "What I am presenting this morning is a very simple extension of our Bank of America Tiburon lease purchase draw account to extend the deadline to December 31st of this year. We had taken a guess at the completion of the Tiburon project to be June 1st of this year. We had two more minor outstanding issues of which payments to the Tiburon Company will have to be drawn from our lease purchase account. This is simply a document amending our original contract last year to extend the draw appropriation account availability to draw money out and pay Tiburon through December 31st of this year."

Com. Burrus, "I understand the intent is to make sure that we have a complete, totally acceptable operating system before the final payment?"

Mr. Sheibel, "Yes. Exactly."

Com. Evans, "The termination date is December 31, 2003, correct?"

Mr. Sheibel, "Yes."

Com. Sheets moved to approve the lease extension with Tiburon, Com. Evans seconded, motion carried.

Mr. Sheibel, "If you have the original contract, if you could sign that and have Linda mail that as usual. I am sorry I didn't bring one."

REPORT FROM COMMISSIONERS

Com. Sheets, "First of all let me pick up on a claim that I asked to have continued at least a month or two ago. I wanted to make sure we had funds in the Bridge Fund. This is Project DEM -IM 46. This is County Road 300 West which is an extension of 149. The claim is for $188,150.00. This is the start of the purchase of property for the extension of 149."

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

Center District: Larry Sheets

1. Utility Agreement for NIPSCO to set poles on CR 400 East north of CR 500 North.
Recommend approval.

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

2. Enclosed is Supplemental Agreement #1 for CR 300 West Right of Way Engineering, Butler, Fairman & Seufert would like the County to forward this proposed agreement unsigned to INDOT for their review. This agreement increases the original amount of $53,300.00 to $89,500.00 for an increase of $36,200.00.

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

South District: David Burrus

1. Morgan Minor Subdivision #2944-D-2 Road Agreement located on the north side of
CR 300 South between CR 525 East and CR 600 East. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are Gregory P. & Linda M. Breitzke.

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

CORRESPONDENCE

Weights and Measures monthly report for June 2003 is on file.
Weights and Measures annual report from June 16, 2002 through June 15, 2003 is on file.
Clerk's monthly report for May 2003 is on file.

Contract with Indiana State Board of Animal Health and Board of Commissioners for testing cattle for Brucellosis and Tuberculosis for 2004

Com. Sheets moved to approve the contract with Indiana State Board of Animal Health for Brucellosis and Tuberculosis testing of cattle in Porter County for 2004 in the amount of $1,000.00, Com. Evans seconded, motion carried.

Re-appoint Dave Casbon to Workforce Investment Board from July 1, 2003 to June 30, 2006

Com. Sheets moved to approve the recommendation from Workforce Innovations to re-appoint Dave Casbon to serve on the Workforce Investment Board from July 1, 2003 to June 30, 2006, Com. Evans seconded, motion carried.

Valparaiso Community Festivals request to use Courthouse grounds on Popcorn Festival Day

Com. Sheets, "We have to double check and make sure they have insurance. I am sure they do, but I want to make that public."

Com. Sheets moved to approve the use of the Courthouse grounds and steps and sidewalks in front of the Administration Building on Saturday, September 6, 2003, Com. Evans seconded, motion carried.


Request for transfer of funds--Commissioners' office

Fund 01.30$90.00from acct 3320legal notice
into acct 3410official bonds

(To pay official bond for county employees in the Extension Office)


Appointment to Porter County Airport Board

Com. Burrus, "As I understand it we have two candidates that have expressed an interest. John or Larry, are either of you familiar with those? I have the names here."

Com. Evans, "One is the incumbent board member, Mark Taylor, and the other is a man by the name of Dave Driver."

Com. Evans moved to appoint Mark Taylor to the Porter County Airport Board, Com. Sheets seconded,

Com. Burrus, "We do have two applicants and one is the incumbent, of course. The Airport Board has been through a major building program in the last four to six years but right now they are facing a very important issue, and I would like to make mention of that before we made this appointment. With county jurisdiction around the airport, we have been successful in the past of creating zoning that is compatible with the airport's operations. As I mentioned, the airport has just recently completed the construction of the new north-south runway. The north end of that runway is perpendicular to State Road 2 and there is currently an issue before the Valparaiso City Council; a proposal to annex and to develop land directly across the highway from this north-south runway and to develop into residential usage. I think it is very important for this Board to keep in mind the apparent encroachment that is proposed on our airport operations. It is important for the Valparaiso City Council, in their deliberations to look at the significance of economic development impact of the Porter County Airport and to take that into consideration. With that issue on the table I think it is important also to maintain the continuity that has been provided by Mr. Taylor."

Motion carried.

Appointments to Porter Memorial Hospital Board of Trustees

Com. Burrus, "As we said yesterday, probably one of the most significant responsibilities of this Board has to do with the appointment of members to the Porter Memorial Hospital Board of Trustees. The Hospital Board has solicited applicants for these positions. There are five positions. They were very successful in the fact that they received a total of 46 candidates who were interested in these positions. The candidates' documentation were all forwarded to our Board along with a recommendation by the Hospital Board of 15 of these candidates as their choices for these five positions. Yesterday we conducted interviews throughout the day of these 15 individuals. We had one more today that we conducted by telephone who was unable to be here yesterday. I think across the board, the Commissioners were extremely satisfied and extremely impressed with not only the turnout of people who are willing to contribute time to a community service but the extremely high caliber of individuals who have made this contribution offer. With that in mind the Commissioners have deliberated; we have indicated at the meeting yesterday that our selection criteria which is no longer required by the state to have any consideration whatsoever for political affiliation or political ratios on this Board. Therefore, our sole criteria would be that they be leaders in their field, exemplary individuals who would be a positive asset to the Board, and would be capable of assisting the hospital in striving for the next level of excellence that we know that the hospital is continually working towards. With that in mind, we are pleased to make the following announcements."

Com. Evans, "Before you do that, David, we need to act upon the Board's request to us to expand the two seats that we are filling."

Com. Evans moved to approve Porter Memorial Hospital's resolution to expand their board by two members and make those appointments at this time, Com. Sheets seconded,

Com. Burrus, "Thank you, John, for reminding me of that. That will then take the Board's number up to nine members."

Motion carried.

Com. Burrus, "Continuing with the announcement, we have five openings to fill. Three of
them will be from the existing positions and two of them will be the new positions that were just endorsed. Also, within this mix of individuals it is required that two of these be physicians and I will begin with the two physician candidates. First to fill the unexpired term created by a resignation, this term would expire on the 30th of June, 2005. We have selected Dr. Sudhaker Garlapati. Dr. Garlapati is a general practitioner, an internist. He brings to the Board the representation of a large group of physicians who are often times, in my terms, nobody else's terms, taken for granted. But they do generate a large number of patients who find their way into Porter Memorial Hospital and we feel that with Dr. Garlapati's practice, his qualifications, and his involvement with the general practice of medicine, he would be an appropriate addition to the Board."

Com. Evans moved to approve the appointment of Dr. Sudhaker Garlapati to the hospital board of trustees, Com. Sheets seconded, motion carried.

Com. Burrus, "Additionally, if there is anybody that wants to make any comments on behalf
or in support of these candidates. . . ."

Com. Evans, "I would just say one thing in reference to Dr. Garlapati. I think he will be a fine advocate for the physicians and the people and the patients and everyone that serves the hospital."

Com. Burrus, "Thank you, John. Our second physician candidate would be for a full four year term expiring June 30, 2007. The Board has selected Dr. William Nowlin. Dr. Nowlin is a surgeon. He has graduated from Fisk University as a Ford Scholar. He entered that university at age fifteen. He has been active in many of the medical associations that are appropriate for surgeons. He has been past president of the Indiana Division of the American Cancer Society and he brings a life long practice in the Northwest Indiana area to the Board. We feel that Dr. Nowlin represents the surgeon community and has a very strong background of community presence and has the ability to help with the advocacy of hospital goals and objectives."

Com. Sheets moved to approve the appointment of Dr. William Nowlin to the hospital board of trustees, Com. Evans seconded, motion carried.

Com. Evans, "I would like to echo your comments about Dr. Nowlin and also state that I think he is a fine gentleman."

Com. Burrus, "We move now to the non-physician candidates. The first one will be a three year term expiring the 30th of June, 2006. This is an effort to continue with the rotational configuration of the Board. The individual selected for this position is Mr. Dan Gavito. Mr. Gavito graduated from the University of Texas, he has a Bachelor's degree in Business Administration, specifically in accounting. Currently he serves as vice-president of strategy, regulatory and sales at NIPSCO. He is directly involved with not only the strategic objectives of that firm, he is also involved with a very significant budgetary responsibility and has a background dealing with large organizations, large numbers of personnel, and the appropriate number of dollars and budget that goes along with that."

Com. Evans moved to approve the appointment of Mr. Dan Gavito to the hospital board of trustees, Com. Sheets seconded, motion carried.

Com. Sheets, "I would make the comment that Porter Memorial seems to have been lacking over the last ..., as long as I can remember, having a representative on there of a major industry. We have had people on there who represented Bethlehem Steel, but not at the executive level and I think he brings that to Porter Memorial and would certainly be a benefit to us."

Com. Evans, "And having the ability to administer an eight figure budget."

Com. Burrus, "All right, the next appointment will be for a four year term, a full four year term expiring June 30, 2007. The candidate to fill that position that we have selected is Barbara Young. Barb is an attorney, formally with the law firm of Hoeppner Wagner & Evans in Valparaiso. She is a graduate of the Valparaiso University School of Law. She is currently the president of Porter County Community Foundation. She is also the Chief Executive Officer of the firm that has developed the Aberdeen community. Barb's community involvement and her community contributions are almost endless. She has a very dedicated history of service to Valparaiso and Porter County in general. We feel that her legal and business background, in addition to her history of service would also be a very valuable contribution to the Board."

Com. Sheets moved to approve the appointment of Ms. Barbara Young to the hospital board of trustees,

Com. Sheets, "It is in my opinion it is clearly her efforts through the Porter County Foundation that very few citizens in Porter County understand or know about and appreciate. It is a tremendous effort of bringing millions of dollars to Porter County and bringing matching dollars to help a lot of organizations. It is a long list of organizations. Whether it is historical or educational, she has worked very hard at that and does an excellent job and that is what brings her to the Board."

Com. Evans seconded,

Com. Evans, "I would like to add that the hospital is very fortunate to receive Barb Young and the talents she will bring."

Motion carried.

Com. Burrus, "The final appointment we would like to make is for the other four year term
expiring June 30, 2007. The individual who has been selected for this is Mr. William Back. Bill Back has graduated from Indiana University with an MBA. He is also an attorney, having graduated from DePaul University. His specialties are involved in business, finance, and law. Bill currently serves as vice-chancellor of administration at Purdue University North Central. He is completely and totally responsible for their budget at that institution. He also has a major contributory role in the budgetary process of the main campus of Purdue University which reaches into the billions of dollars. Bill is a very experienced financial individual. He has such familiarity with financial statements that would suggest he probably has seen everything that could possibly be seen there. We feel he would be a strong contributor to the financial needs but also Bill brings to the table a lot of experience in non-profit organizations and the type of structure that Porter Memorial Hospital operates under."

Com. Sheets moved to approve the appointment of Mr. William Back to the hospital board of trustees, Com. Evans seconded,

Com. Evans, "I would like to say the hospital is very, very fortunate. All these candidates are very high quality people and we should be very grateful they decided to give their time to this community in that fashion."

Motion carried.

Com. Burrus, "In conclusion to the hospital appointments, I would like to make another
comment. I think everyone here, in particular the members of the media and this Board, are familiar with some of the difficult times that the hospital has experienced two to three years ago. I think that the current Board should be commended extensively for the successful efforts that have been put into place to turn that situation around in a very short period of time. We have a new administration, we have a new philosophy and new atmosphere within the Board and all of those members should be thanked and recognized for their service. The efforts we put forth towards these new appointments are simply an effort, as I said earlier, to provide additional assistance to this existing board so they can take that next step upward. That was our sole objective. So with that in mind, I think we have made some significant advancements. The Hospital Board has made some significant advances and we appreciate the opportunity to have the responsibility to contribute to that. Thank you. What else do we have on our agenda? I show nothing else. For the members of the press, we have a Poor Relief Hearing at 2:30; there is no Plan Commission this afternoon. That will complete our morning meeting."

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

With no further business, the meeting was recessed.


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor