PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
SEPTEMBER 2, 2003


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, September 2, 2003 in the Commissioners Chambers of the Administration Center.

Those present: Commissioners David Burrus and John Evans and County Attorney Gwenn Rinkenberger.

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


APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of September 2, 2003, Com. Burrus seconded, motion carried.


APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of August 25, 2003, Com. Burrus seconded, motion carried.


APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of July 1, 2003, Com. Burrus seconded, motion carried.


OFFICE HOLDERS/DEPARTMENT HEADS

Use of space contract for Health Dept.
David Hollenbeck, attorney for Health Dept.
Keith Letta, Director of Health Dept.

Atty. Hollenbeck, The Health Department comes before you this morning at the request we received from the State Board of Health. As you are aware, the Health Department has, through the budget constraints, downsized its operations which has included closing the Portage facility as a full time health department office. It is only open now when there are limited immunization clinics up there. One of the positions we have lost is the Portage nursing supervisor because of the budget constraints. That was one of the employees that we downsized. In connection with that we have an office in the area of the Portage building that you have designated for the Health Department and we have an office for the Portage nursing supervisor. We dont have one right now so the office is sitting empty. We think probably for the next year we will not be able to reinstate that program and employ such a person. With that in mind, the state department of health immunization investigation program has contacted us and asked us if Porter County Health Department might have some space available where they can assign their investigator to have an office for his Northwest Indiana operations. I forwarded a proposed contract to you. The contract provides that we will be paid $500.00 a month for that space and that we would have to provide the state Board of Health employee with a cell phone; the cost of which we would be reimbursed up to the amount of $100.00 per month which we think is well within what it will actually cost. So this is an opportunity on a short term basis for the county to pick up $6,000.00 of expenses that otherwise the room would probably just sit empty. This space is at North County.


Mr. Letta, Just to clarify, we do still run part time immunization clinics out of there and every week there are at least two a week. This was the office where we had a full time office nursing supervisor. All they are requiring is a desk, a filing cabinet and a cell phone. They have all their own computer stuff or laptops.

Com. Evans, The contract we have says the consideration is $2,600.00.

Atty. Hollenbeck, That is under the ___________(inaudible). The contract goes from September 1 to December 31st of this year.

Com. Burrus, Does this expect to be a long term arrangement

Atty. Hollenbeck, At least we are anticipating they want to be there next year.

Com. Evans, Quite a contract for a rental space.

Atty. Hollenbeck, Well, it is the state of Indiana; it came to 17 pages to rent this small cubicle.

Atty. Rinkenberger, 95% of the language does not apply to us. I mean if I struck the language in this contract, we would have about 2 sentences.

Atty. Hollenbeck, I understand that, but if we want their $6,000.00, we have to go with their language.

Com. Evans, Will they require a fax line, also

Mr. Letta, I dont think so. We havent been told that. We actually did have a fax machine up there, so if they need to use that it is available to them.

Com. Evans, Is there going to be a conflict with them being in the office at any given time when the clinics are being conducted

Mr. Letta, There is a separate clinic room that has our refrigerators; that is where the shots are actually given. There is a reception area where the kids come in. This office is off to the side and has a door that can be closed.

Com. Evans, How about if they are in there and no one else is present and someone coming in seeking information or wanting something

Mr. Letta, Actually, that office is to the back and the side and when there isnt a clinic going on that is closed. I dont really see a problem. Plus this person is going to be on the road, 80% of time they wont even be there. They are going from county to county checking on the immunizations programs. And the nursing people do like the idea of having this state immunization office close at hand. That can be very helpful to them as well.

Com. Burrus, So this will not interfere with their two day a week immunization

Mr. Letta, No.

Com. Evans, You know, the state is notorious for slow paying.

Mr. Letta, Actually, with the state Department of Health we get other grants from them and they are quite prompt with that. I cant say for sure, but I know in the past, our voucher grants and our entitlement monies have been very prompt. In fact, the local Health Maintenance and Tobacco pay ahead.

Com. Evans, The proceeds will be deposited in the general fund, is that correct

Atty. Hollenbeck, It is your building, I would assume it would be deposited in the general fund.

Com. Evans, The maintenance fund would probably be a better place for it.

Atty. Hollenbeck, Whatever. It is up to you.

Atty. Rinkenberger, Why dont you make a motion to approve the contract conditional upon the payments going into Fund 215, which is our property disposal fund

Com. Evans moved to approve the contract conditional upon the payments going into Fund 215, Com. Burrus seconded, motion carried.

Block Grant for Crime Reporting for Sheriffs Department
Bud Gootee, Sheriffs Department

Mr. Gootee, My scope is very limited on this but I hope I can answer some questions on this. Specifically, I am here to talk about grants. We have had this several times. It is for local law enforcement block grant and it is based on our uniform crime reporting statistics that we are reporting to the FBI. They take a big piece of the pie and then divide it out accordingly based on crime statistics and whether the entity qualifies or not. We have qualified for several years now. I can tell you the amount of money is $10,634.00 of which we have to match $1,182.00 so there will be $11,816.00. Further, we have an advisory committee which is part of the grant. They agreed we found the best use of the funds would be to replace the laptop computers and modems. They are much like cars; they last about three to four years, they get beat up on the county roads all the time and we have to turn them around. We can usually get a pretty good deal when we buy them in bulk like that.

Com. Evans, What is the difference between this and last years money

Mr. Gootee, I think we got about almost $14,000.00 last year. It is cutting down, everything is kinda going down. I know the CAP grant, which is the state criminal assisted program, that is cut down 24% this year. It is pretty much the sign of the times with federal government.

Com. Evans, And the source of our match for $1,100.00, where does it come from

Mr. Gootee, We have a matching grant fund. We call it our technology fund.

Com. Burrus, I have seen the application and I know the response you received, what is the action required today from us

Mr. Gootee, Nothing more than we have a public hearing for this. If anybody wants to ask me any questions.

Com. Burrus, Is there anyone in the audience that wants to ask any questions regarding the acceptance of this grant

Mr. Whitcomb, I didnt hear what that grant is for.

Mr. Gootee, It is for the local law enforcement block grant is the name of the grant. We get it based on our uniform crime reporting statistics. And we are going to use the money to replace the laptop computers. About every three to four years we need to turn them over like the cars; they get beat up pretty bad.

Com. Burrus, These are the laptops in the patrol vehicles

Mr. Gootee, Yes, in the patrol vehicles.

Com. Burrus, If there are no other comments, I will close the public hearing portion.

Com. Evans, Do you need our blessing or a motion or what


Mr. Gootee, I think we have done it. We just needed to see if there were any remonstrators. It is part of the grant requirement.

Com. Burrus, So it is understood then that we will go forward with the receipt and the distribution of those funds.

E-911 Personnel Policy Procedural Manual-
David Sheibels, E-911 Director

Com. Burrus, For background purposes, Dave is here today to take the next step in the transfer of the dispatchers, the Porter County 911 dispatchers from the Sheriffs Department to his own supervision under the Commissioners department. He has some procedural matters to deal with.

Mr. Sheibels, Correct. We have some documents here to complete that transition plan. The largest of which is the personnel policy procedural manual which Gwenn and I have gone over as recently as the end of last week. I have included four points of interest that the county attorney requested be included in the manual. So this is the revised, complete manual. I would ask that this manual be voted on and brought into operation at this time.

Com. Evans, Everyone will receive a copy of the manual and sign for it

Mr. Sheibels, Yes, there is a sign off sheet on the very back page.

Com. Evans, Will they have time to become familiar with it In fact, this is probably what they are already familiar with other than those points that you mentioned

Mr. Sheibels, Yes, it is very similar to the Sheriffs policy procedural manual that has been in place for some time. Basically, I took that manual as a boilerplate, took all reference of the sheriff out and changed the department heading. So it is nothing new as far as the operation goes.

Com. Evans moved to approve the Porter County E-911 Communications Center Personnel Policy Manual as presented, Com. Burrus seconded, motion carried.

MSOC--Multi-Service Operation Committee document

Mr. Sheibels, The next document in your package, the multi service operation committee document is setting forth a new committee in our operation for setting standards for dispatching protocols between the police, fire, and EMS services that we work with. I ask that the Commissioners approve the MSOC Committee structure so I can put that plan in effect.

Com. Burrus, Just to recap what we are talking about here is a service operations committee; establishing such a committee that would include representatives of the fire, police, and emergency medical agencies that use these facilities. There is an ongoing review and updating of protocol of procedures that the dispatchers will follow so everybody is on the same sheet of paper.

Com. Evans moved to approve the Multiple Service Operation Committee protocols, Com. Burrus seconded, motion carried.

Memorandum of understanding with emergency responding agencies

Mr. Sheibels, This is a memorandum of understanding between Porter County Communications 911 Department agencies and departments that have communication needs document. Our plan is to disseminate this and ask for an acknowledgment signature from a representative involved in the police, fire, and EMS departments that we dispatch for so they have a clear understanding of the transition that took place. The role of the communication center is that it meets their dispatching needs.


Com. Burrus, I think when we are dealing with emergency response, it is very important for everybody to have a very clear understanding of what has been done, what will be done, and if there are any changes and so forth. So, I think this constitutes a very important safety precaution in terms of the operations with the people we have been dealing with right now.

Com. Evans, I agree. That sets out the objective of the various departments and how everyone is supposed to act and interact.

Com. Evans moved to approve the memorandum of understanding between Porter County 911 and the departments who have communications needs, Com. Burrus seconded, motion carried.

Job descriptions for E-911 changes to C-Comm 911

Mr. Sheibels, The rest of the documents in the package are simply all of the job descriptions now incorporated in the C-Comm 911 Department. I dont know if you want me to just name them off and approve them They are the same descriptions that have been in place; some of them for several years and what I have done is change their department title from Sheriff Department to C-Comm 911. I made some slight modifications in their hierarchy responsibility taking them out of the Sheriffs Department and putting them under my direction. This would be 911 Data Base Coordinator Assistant Administrator position. A computer systems administrative position. The 911 digital mapping GPS Coordinator; Communication Personnel Supervisor position; the shift supervisor/dispatcher position; the dispatcher job description also.

Com. Evans moved to approve the position descriptions and job descriptions as stated, Com. Burrus seconded, motion carried.

Discussion on the use of the E-911 fee raise

Com. Burrus, While you are here, let me make a comment. The issue of the 911 and the dispatchers with respect to the increase in the 911 fee has received some attention recently. First of all, the County Council had the responsibility or the authority, to increase the fee. They chose to do that; it was raised from $.75 to $1.50. Also, under state law, the authority to determine how that new revenue is dispersed falls with the Board of Commissioners. Therefore, we will be responsible for determining exactly how that money is spent. The municipalities, being Valparaiso and Portage, who also have dispatch centers, have made requests to be a party to those funds to have a share of those funds and we need to address those requests.

Com. Evans, As you said, the law is very clear. The use of those funds is discretionary completely upon this Board, the Board of County Commissioners. The increase was made from $.75 to $1.50 specifically for the purpose of paying those dispatchers. It should be noted that it was the first increase in that fee since the inception of 911 in this county. If you look at the history of 911, it shows that it was a political entity in the beginning; it was a creation of a 911 user Board that was made up of political appointments from every municipality in the county. It was a system that proved to be a means for everyone to get a piece of the pie. The user Board couldnt even agree on how many dispatch points were needed in the county. Each municipality was entitled to whatever the next one might get; that was the mentality that was in vogue at the time. It went that way until the Commissioners finally realized that was not the best thing and all that was being done was politics was being placed with a very core service. The structure of 911 was changed. One entity, this Board, is now in charge and has the responsibility to oversee the 911 system. In the past six years, 911 fees have gone to all municipalities that are involved with systems and have been used to pay for upgrades in various municipalities. Dave, do you have a break down you can share with us, what the cities of Valparaiso and Portage have received from 911


Mr. Sheibels, Yes. 911 started in 1994 with the surcharge being collected in 1991. I have records going back to 1996. Based on the guidelines I have been following since I started in 1997, we continue to support 911 phone systems throughout our answering points in the county and projects such as remodeling, radio, console, furniture, 911 recording equipment, radio consoles, UPS backups, mapping systems, END training and flip card support, 911 CAD interfaces and other miscellaneous technology items that have come to bear on making the operation efficient throughout Porter County at our three answering points. Since 1996 we have, through the surcharge, spent approximately $786,000.00 on Portage, and about $670,000.00 on Valparaiso. Keeping apples to apples, about $1.4 million at Porter County, which is the biggest center in the county. This does not include some recent movement from the county dispatch center from the old jail to the new jail, this is just across the board. Training, education, phone system, maintenance agreements, including start up and remodeling projects that have happened in the early years, and a few specialty projects that we took on in Portage. We bought fire station PCs back in 1997, two of those items and we helped with Portage on fire radio upgrade in 2000 for $56,750.00. So there have been some specialty projects that have come up and we have been happy to assist Portage on.

Com. Evans, Then just to recap, your expenses to the city of Valparaiso since 1996 are $670,806.96 Then to the city of Portage it is $786,042.65 And those are on the technology side. It is this Boards intention to continue to provide those types of technology upgrades and obviously the need for enhancement continues for the municipalities as it does for the county. It is not this Boards intention to pay for any municipality employees regardless of their duties. It should be stated that the new ordinance which now governs 911 states that there will be at least one dispatch appointed in this county, it doesnt say anything about it being three. I think we need to go on record at this point and let those municipalities know that if their intention is to fold their tent and join Porter County, we need at least 90 days. Is that sufficient, Dave

Mr. Sheibels, It probably would be longer than 90 days. It would require quite a bit of technology; infrastructure change; and personnel change. It could take maybe up to six months.

Com. Evans, We should let them know that we need at least six months notice if that is their intention. It is kind of baffling to think the city of Chicago and New Yorks size can operate with one dispatch point and Porter County couldnt, at its inception, agree to do that. That is where the shame of the whole thing comes. I think it is obvious we could get by with one, it may take a little doing, but it could eventually happen. That leaves us back to the political wrangling of one upmanship of who is going to pay for what and this Board is not going to have any part of it.

Com. Evans moved to deny the cities of Valparaiso and Portages request to pay for dispatchers fees, Com. Burrus seconded, motion carried.

Revised Job descriptions for newly named Information Technologies and Service Dept. (formally Data Processing)
Sharon Lippens, ITS Director

Ms. Lippens, These are revised job descriptions for three positions in the newly named Information Technologies and Service Department. When the decision was made to combine the Data Processing Department and Print Shop Department, we had a shift of duties and responsibilities. Therefore, we felt it was necessary to re-write those job descriptions to reflect some of those shifts of duties. In my opinion, none of these constitute a need for salary change. The duties and responsibilities are pretty much the same; they have just been shifted around between positions. I have a copy for the Council here as well.

Com. Burrus, And the individuals will not change, it will be the same people with just a different title

Ms. Lippens, Exactly. The titles have changed; a few of the duties have been moved around, but overall the level of responsibility is the same with the three positions. So I have outlined the original title, the new title and the employee that is filling that position currently. They are all filled and I have included the original job description with the new job description so you can see the changes.

Com. Burrus, Why dont you go over the old and then the new just to give us an idea of the nuances of the change


Ms. Lippens, Okay. The first position was original titled Network Administrator, new title is Network Application Administrator which is currently filled by Lee Childress. The position of PC/Network Support Technician has been changed to Network Support Specialist and is currently held by Don Garnett. The old title of PC Support Technician has been changed to Computer Support Specialist and is held by Darrell Berrier.

Com. Evans, This is just a housekeeping measure as I see it.

Com. Evans moved to approve the revised position descriptions as mentioned for the ITS Department, Com. Burrus seconded, motion carried.


COMMISSIONERS REPORTS

North District: John Evans

1. Portage Minor Subdivision #725-B-1 Road Agreement, located on the east side of CR
500 West between CR 600 North and CR 700 North. Offer to contribute $750.00/lot for a total of $2,250.00. Owners and subdividers are Milton R. and Marsha Carlson. Recommend approval.

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

2. Jackson Minor Subdivision #2921-B-1 Road Agreement, located on the south side of CR 900 North between CR 625 East and CR 550 East. Offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Elaine M. Gloyeske. Recommend approval.

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

Center District: (read by Com. Evans)

1. Preliminary Engineering Supplement #5 for CR 300 West from US 30 N to SR 130. This agreement increases the Design Services $44,064.39 to $536,324.39. This increase is to 1) amend scope of services, 2) prepare alternate bridge studies, 3) prepare cost benefit analysis, 4) abandoned roadway plans, 5) abandoned bridge plans, 6) enhanced administration and coordination, 7) update plans to current standards. It is our intention of having a representative from INDOT come and more fully explain that prior to our entering into that agreement.

Com. Burrus, Since the scope has expanded significantly, not only will we have an INDOT representative for more discussion, but also a representative from the engineering firm that is involved. We will put this on board for a later date.


South District: David Burrus

1. Morgan Minor Subdivision #2041-A-1 Road Agreement, located on the southwest corner of CR 112 South and SR 49. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are B. Timothy Bucher, Dennis K. Bucher, Suzanne G. Ringger, Arden S. Bucher, and Laurie B. Kovolew. Recommend approval.

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

2. Springwood Estates Subdivision, Phases I, II, & III, Performance Letter of Credit from
Centier Bank is a cashiers check in the amount of $10,000.00. Recommend approval.

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


CORRESPONDENCE

Clerks monthly report for the month of July 2003 is on file.
Weights and Measures monthly report for August 2003 is on file.



Property auction contract for sale of items with Engstrom Auctions

Com. Burrus, Most of the items that will be auctioned will be excess sheriffs vehicles.

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

Contract with Animal Shelter and City of Valparaiso for animal control services

Com. Evans moved to approve the contract with City of Valparaiso for animal control services for 2004 in the amount of $20,150.00, Com. Burrus seconded, motion carried.

Contract with Animal Shelter and Town of Pines for animal control services
Com. Evans moved to approve the contract with the Town of Pines for animal control services for 2004 in the amount of $1,209.00, Com. Burrus seconded, motion carried.

Contract with Animal Shelter and the Town of Kouts for animal control services

Com. Evans moved to approve the contract with the Town of Kouts for animal control services for 2004 in the amount of $1,550.00, Com. Burrus seconded, motion carried.

Accept late enrollee Andrew OConnor to the Porter County Employee Health Benefit Plan

Com. Evans moved to approve the acceptance of Andrew OConnor to the Porter County Employee Health Benefit Plan with coverage to be effective September 1, 2002, Com. Burrus seconded, motion carried.

Accept credit card payments in Clerks office for collection of fines, fees, costs, infractions and child support-Dale Brewer, Clerk of the Courts

Ms. Brewer, I want to go to credit card payments to increase the collection of fines, fees, costs, infractions and child support.

Com. Evans, How much will the percentage cost you

Ms. Brewer, Nothing. I have a company that will do it and Adult Probation is going to use the same company. It is a service agreement that I have to sign, it can be terminated at any time. What happens is people call an 800 number and give their credit card information over the phone and they send transmittal forms to me on each one plus a reconciliation report. I look it over by noon of the day they send it, by 2:15 my money is in the bank. No liability to the county for credit cards that are no good or bad, it falls back on the company and we get our money no matter what.

Com. Evans, I dont want to be a naysayer, but nobody does anything for nothing.

Ms. Brewer, Well, they do because they charge the service fees, the company does, not us.

Com. Evans, If somebody has a fine or owes the Clerks office $100.00, where do they get it

Ms. Brewer, They charge the service fee, the company does, to the people that want to use the service. That is why I want the company to do it, not us. They are in 32 states, it is GPS.

Com. Burrus, You say you have a service agreement

Ms. Brewer, Yes, no liability to us.

Com. Evans, You need to let the County Attorney read over that


Ms. Brewer, I need to do this, it is two additional fax machines, that is how they transmit the information to you. It is not done by email computer which is good because my service was down Friday, but our phone line is always up. I get a copy of every transaction.

Com. Evans, So you need a fax line in Valpo and one in Portage

Ms. Brewer, Ive got one in Portage but I need one in child support on the superior side because they will break every collection down any way that I want to for infractions or child support.

Com. Evans, So child support payments could actually increase and nobody would have to come in to do that. They can pick up the phone and say I want to pay my child support, call this company and you would have the money and we dont pay any fee

Ms. Brewer, Nothing. That is the only way I am doing this. No liability on us whatsoever and I can terminate the agreement any time I want.

Com. Burrus, Did the attorney review the contract

Ms. Brewer, It is a service agreement, it is not a contract or I would have to bring it to you. A service agreement I can sign. I know Adult Probation and Juvenile will be signing theirs, too.

Com. Evans, How about if we have a prosecutor buy your fax

Ms. Brewer, I dont care, I just dont have any money.

Atty. Rinkenberger, I know he could probably pay the fax machine for the child support, it is his division, anyway.

Ms. Brewer, No, its mine. I have my own child support division and he has his own. He has the prosecutors child support, mine is the collection of it. It would be great if he wanted to give me some money.

Com. Evans, Do you already have the phone lines

Ms. Brewer, Yes but I have absolutely no money in my budget.

Com. Evans, They are only about $100.00 a piece.

Ms. Brewer, Yes, I know, but I dont even have that. I will be lucky to make it through the year with my budget I have now.

Com. Evans, I say lets take it under advisement.

Ms. Brewer, I will fax you over a copy so you can see it.

Com. Evans moved to approve the service agreement based on the county attorneys approval,

Ms. Brewer, I dont need your approval on a service agreement, I just need your approval to get me the two fax machines. They dont have to be fancy.

Com. Evans moved to approve the purchase of two fax machines out of the CCD fund based upon the county attorneys approval of the service agreement, Com. Burrus seconded, motion carried.

Receipt of counterfeit bills in Clerks office


Ms. Brewer, Plus, I want to tell you I have gotten three $100.00 counterfeit bills within the last couple weeks. We do use the pens, but the banks got them now. But what happens is, I lose that money and I get it back through the county general fund so I have stopped taking fifty and one hundred dollar bills. They are so good at making them, we cant catch them. We have to hold them up to the light now and look for the hologram. One that went through had a hologram. So I am not going to take the chance. That is three in a couple weeks. Like I said, I write a claim to the general fund and that is how I get reimbursed, but it is a loss for the county.

Com. Evans, Is there anyway you can track who gave it to you

Ms. Brewer, No. I get hundreds and hundreds of hundred dollar bills through child support.

Com. Burrus, Okay, moving on now, the Plan Commission session will be at 11:00 a.m. this morning. There will be a first reading of the fee ordinance.

John Whitcomb statements

Mr. Whitcomb, I live at 2059 S. State Road 2 in Center Township. Thank you for giving me this time. Please be aware that September 11 has been designated as Patriot Day by our government. It is also the anniversary of the attack on the World Trade Center compared by many to the attack on Pearl Harbor. Both will be remembered as infamous. The big difference being in after Pearl Harbor, this nation declared war on its adversaries and took steps to protect its citizens and it borders and possessions. This Congress has not given an act of war to the president. Along comes the World Trace Center, the Congress and most government officials scampered out of the nations capital to undisclosed hideouts and didnt come back for about a month. When the Senate gained a quorum, the first bill they passed was the infamous Patriot Act. I hope you are familiar with that. Was Patriot Day so named because of patriot acts or vice versa It makes no difference, but I would like to know. Now, what makes this Patriot Act so infamous If anyone has read it, they will find out that it wipes out the constitution completely. This country is effectively, right now, under dictatorial rule. Yes it is. The Chairman of the House Judicial Committee has stated on record that the Constitution and its Bill of Rights is nonsense in his contemporary United States of America. Now some counties and cities have instructed their law enforcement police to ignore certain parts of this highly questionable bill and follow the Constitution as it once stood as the law of the land. Has the state council of county governments addressed this volatile issue I know each of you as true Americans and I include Larry Sheets on this, if you read and study this miscarriage of common sense, the Patriot Act, there is no doubt in my mind what your position will be. I think it will be to issue a proclamation to all citizens of this county. Law enforcements personnel paid by this countys taxpayers, all state police that patrol this county, all FBI, all IRS, CIA NSA, that is the National Security Agency, Home Land Defense Agency, Sen. Lugar, Sen. Bayh, Rep. Visclosky, Gov. OBannon, State Sen. Nancy Dembroski and State Rep. Ayers to the same effect I stated above. It would be protocol also to send a memorandum to each of the cities and towns and each township trustee, all judges and prosecutors of this county. If I have missed someone please inform them. FEMA, SEMA and Porter County EMA. Now I have some exhibits here and I will give you a copy. If you havent read this Patriot Act, I have a copy of it. Thank you very much.

Com. Burrus, Thank you, John. We appreciate your concern.

Com. Evans moved to recess until 11:00 a.m., Com. Burrus seconded, motion carried.

PLAN COMMISSION-11:00 a.m.

Ordinance Relating to Porter County Plan Commission and Building Dept. Fees-1st Reading
Robert Thompson, Director

Mr. Thompson, This is Plan Commission Resolution 03-08. It was for the Plan Commission and Building fees. This was heard at a public hearing at the Plan Commission at their August 13 meeting and forwarded to the County Commissioners with a favorable recommendation of 8-0 vote. This is dealing with all of our fees and was requested upon my return.


Com. Burrus, Okay, some of the background surrounding this topic is that in an effort to try to relieve some of the pressure on the general fund, a number of our departments have been requested to determine if it is possible and to initiate action to become self sufficient. We also have done this same effort using a different method, with the Memorial Opera House and the Expo Center. With the Plan Commission and Building Department, these two departments are in a position where they can and they do, charge fees for their services. The objective of this ordinance is to simply adjust these fees to a point where they cover the expenses. We are not anticipating or desiring to go beyond justifiable expenses. Mike, as a representative of the Home Builders, you have been involved in discussions on this. I assume your board of directors have been involved as well. Would you care to make any comments

Mr. Aylesworth, Of course. The letter is a very simple one. The Porter County Builders Association thanks the members and staff of the Porter County Commissioners for the opportunity to review and comment on the new proposal of the 2003 Fee Schedule. I suppose that should be 2004 by the time it gets adopted officially. I have had the opportunity to present the document to our Association and ask for feedback. At the meeting last week, I again asked for input and comments and this was after I discussed it at the general board meeting a month ago. The Council again stated a support of the increase as long as the increase will benefit the Plan Commissions office and the Building Commissioners pay and staffing level. The Association never smiles openly upon a raise in fees to the builders and contractors of Porter County. However, the Association recognized the difficult financial situation Porter County Government finds itself in. The Porter County Builders Association also recognized the necessity to maintain staffing levels at reasonable levels so on site inspections are completed in a timely manner. I think that is one of the things the guys are concerned about. Make sure the inspections are kept up so they dont have to wait. Therefore, the association supports the fee increase at the present time. The Builders Association has long had a positive relationship with the executive secretary staff and members of the Plan Commission. They also have a positive relationship with the Porter County Board of Commissioners and County Attorney and the support staff. We will continue to work together in positive manners to give the citizens of Porter County affordable housing. Thank you.

Com. Burrus, I know that some of your members have had some concerns on inspections with respect to septics. I want to make it clear for the record this does not include any of those responsibilities. That goes to the Health Department. There is a shortage there and we recognize that but it is not to be included in this.

Mr. Aylesworth, I dont know if you gentlemen are aware, that the state is imposing drastic new septic rules that could raise the cost of a single family home septic from $7,500.00 to $10,000.00 for septic installation. That is a whole other issue that I wanted to brief you on that is dangling out there. We appreciate the opportunity to have input with this proposal.

Mr. Thompson, The effective date of the fee structure as passed will not be until January 1, 2004. The Plan Commission also came up with another recommendation to be put into the proposed ordinance. That is the very last paragraph where it says Plan Commission Fees and Building Department Fees shall be reviewed on an annual basis prior to the first day in June. The staff of the Building Department, Plan Commission and County Commissioners shall conduct such said review. The reason for the June date is to have this review done prior to going into the budget review hearings.

Com. Burrus, I want to make this real clear, too and that is for the last ten years or more, we have enjoyed a very robust building industry and the volume of business coming through your office has been significant. Having been involved in the building business 30 years ago, I know also that the volume can dry up very quickly under certain circumstances. While this ordinance is intended to make this department self sufficient, it is recognized that the possibility exists that it may not be totally and completely possible to remain self sufficient and we have kept that provision alive with the Council so they know that these fees and the volume of items that require fees are not adequate, that we can go back to the Council for that support. I dont want to make it sound like that if you build one house in Porter County you have to support the whole department for the year with fees generated from that house. Any other discussion


Com. Evans, I think it is a good job the way the structure was defined and again, the necessity comes in the bleak financial picture we were working with. In regard to that whole structure and the Countys budget, I think we need to mention something that as long as we are throwing these things out that the picture has been painted of a rosy new year as we are going to carry over $4.3 million; that balance should probably be closer to $15 million. The county draws its salary, if you call it that, twice a year from our tax revenues. Obviously, this year we hope to get our second draw and next year we are still going to have to borrow $10 million so I dont think that is a really rosy picture when we cant support ourselves. So that is a necessity for this.

Com. Burrus, I would like to emphasize that too because it was reported in one of the newspapers that the County was going to end the year with a surplus and I think that is an unfortunate term because if we receive 50% of our revenue in November, then approximately 50% of our budget, which is close to $14 million, should be available to carry over to the first of the year to avoid any borrowing at all. I think the idea that we do have a surplus of sorts is just nothing more than a carry over and if you look at it from that point of view, it is still not completely adequate.

Com. Evans, I think I got carried away, but Bob, you are to be commended and your staff and the fact that the builders are willing to support this says a lot for their involvement.

Com. Evans moved to approve the Ordinance No. 03-08 relating to Plan Commission and Building Department fees on first reading, Com. Burrus seconded, motion carried.

Com. Burrus, Is there any further business of any kind

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor