The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, February 3, 2004 in the Commissioners' Chambers of the Administration Center.

Those present were Com. David Burrus, Com. John Evans and Com. Bob Harper 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 January 26, 2004, Com. Harper seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of February 3, 2004, Com. Harper seconded, motion carried.

CEDIT PLAN DISCUSSION

Com. Burrus, "Our agenda calls for a discussion on the CEDIT Plan. As it turns out this is a work in progress that has some change initiated through the state. We have just been in receipt of a recent document dated the 21st of January whereby the department of Local Government Finance has re-estimated the revenue that Porter County would be receiving from the CEDIT Plan. The new estimate indicates approximately $3,036,000.00 and this is down $200,000.00 from their most previous estimate. Therefore, with this document in hand, we will defer any further discussion on the tax this morning until we can revise it one more time to be in compliance with these revised numbers. Is there any discussion or comment from the Board?"

Com. Evans, "No."

Com. Harper, "No."

PRESENTATION OF PROJECT UPDATE-COUNTYWIDE GUIDE
Lorelei Weimer- Porter County Tourism Director

Ms. Weimer, "Thank you for allowing me to be here. When I was here a couple of weeks ago we talked about the Candle Light Guide and I wanted to update you on a couple of projects and we had a very heavy agenda, so to make it easier on you that day I thought that I would come back on a lighter day. What I wanted to update you on is two projects, one that you are aware of which is the Visitor's Center. But the first one is about the destination audit that we just recently contracted with. One of the things that we are seeing in terms of trends today are that people are moving to communities based on quality of life amenities. In the past people moved where the jobs were and that trend is actually changing. And one of the things that we have found in terms of quality of life amenities is that communities that offer these quality of life amenities attract visitors but is also very beneficial to the residents. What we have done is contracted with Nichols Tourism Group to conduct a destination audit of our area. And what a destination audit is, it takes a critical look at your present product and identifies what your strengths and weaknesses are. We have a lot of very good products in Porter County and not too many people can claim the National Park and State Park in their back yard, which we are excited about but we also know that there are areas for improvement and that is where we want to take a critical look at. There are a couple phases to this and the first one is product planning. What we do is that we want to put things in place that will compliment our community and one of the things that we are looking at is that I think all of you have been to communities that you have seen development that has taken place that wasn't very well planned, it didn't compliment the communities and that is something that we do not want to see take place in Porter County. What we would like to do is develop a product that would have the following impact. First of all it would have to be quality product that is not a fad, that is going to be here for long term value. It needs to compliment our communities, it needs to have visitor appeal, but most importantly it needs to benefit and be supported by the local residents. The bottom line is that it needs to improve the quality of life for us as residents. Last we want to be apart of the proper planning to be in place so that any new and improved product development is very positive for our communities. What kind of park are we looking at? I don't have the answers to that because that is what the consultant will come in for. For years I have heard that community residents tell us that we need an ice skating rink for hockey because they are having to travel to Illinois to take part in that activity, and I don't know if that is something that can be supported but certainly why not look at that. A lot of people have talked about family activities-can we have more family activities that involve the youth and again our consultant will have a look at that, look at the environment and the ecology that is a strength of ours and what we can do to enhance that and that part of it. We would also want to take an active part about quality developers. You know that people are going to come in and if they do develop something it has to be quality and match our quality of life and also make sure that they take care of that product and not let it deteriorate. Those are some of the things that we are doing. Our researcher is Mitch Nichols and he is teaming up with Dr. Dan Fessimeyer. Dr. Fessimeyer is from the University of Illinois and he is transferring to Temple University. He is very prominent in primary research for Travel and Tourism and Mitch has done a lot of projects similar to this. He did projects with the Grand Canyon and the cities outside the Grand Canyon and then he has done communities for as small as 2000 people and communities in Montana, so he has a good feel for our different communities. The other thing that I like about the researchers is that they rate our values and what we are trying to accomplish. Our role is to work with the County and individual communities to insure quality ad result for this project. So that's one of the projects that I wanted to update you on. The other one is the Visitor's Center update and as you know this has been going on for a long time and we have been successful in securing over $2,000,000.00 in TE funds, which we are excited about. We have one last additional request for $300,000.00 and that would help us complete the Dunes display that would be in the Visitor's Center. Again the purpose of the Visitor's Center is to educate people about the Dunes, there is a lot to do at the Dunes and we want to make sure that they understand that and we also want to protect the Dunes and we want to make sure that we do that. But the other opportunities is that we want to able to explain that there are other things to do outside the Dunes and that is where our role comes in. So we are excited about that and right now we are in the process of land acquisition, we are finishing up the appraisal process, INDOT requires that we have an appraisal, a review appraisal and a buyer, and that is what we are finishing up right now. Our architect is working on the detail plan and INDOT will actually bid the project and they will actually award the bids which is the good news about this project. The earliest ground breaking would be June or July of this year, we would like to move in early spring or late spring of 2005. My goal would not be to move in at the height of the season, so hopefully we can meet that goal. Also, we are working a legal agreement with the National Park Service and David Hollenback has that agreement precently. It is in draft form. That is just two of the projects that we are working on that we are excited about. We have a lot more projects that we are doing but if at any time you want to learn more about what we are doing, we are always happy to sit down and discuss those. Any questions and comments?"

Com. Evans, "What is the cost of your consultation?"

Ms. Weimer, "When paid it will be $45,000.00 and a lot of other communities have said that that is a great deal especially with the type of research and there is four phases and it includes actual primary research where we are actually going to be doing surveys."

Com. Harper, "Let me ask you, do you work with the Park Service-County Park Director and so forth?"

Ms. Weimer, "Yes, Ed is in the room and we work closely with Ed."

Com Harper, "You know, our Land Use Plan talks about the Kankakee River and the possibility down there for boating and fishing, and so forth and the wet lands that are available down there to be bought. Is there anything in the works about that, what type of consideration is there or is there anything going on about that?"

Ms. Weimer, "Well, I am glad that you mentioned that because I think sometimes that we forget about our communities in the south and when Mitch comes back, for our second review, we are going to focus on the south part of the county, because that is just as important to us, so I am glad that you mentioned that because that is something that I will focus his attention on."

Com. Harper, "I'm think it would be tourism dollars for the whole county and attract people down there."

Ms. Weimer, "Absolutely, and the Kankakee is a wonderful resource."

Com Harper, "It's a place where people used to travel all the way from Europe to hunt and fish and so forth."

Com. Burrus, "Three years ago, Bob, there was an inquiry or actually an effort of the Department of Interior with the objective of establishing a wild life refuge down there. It would not only be in Porter County but also in Jasper County and possibly in one of the others to the east. Apparently they must have met enough opposition from the landowners that they have pretty well withdrawn their effort. They had a man on the scene here for about a year and he has been moved out."

Com. Harper, "But I think that there is still probably some potential to hopefully consider and with some money down there for some boating facilities or something because our whole land use plan and tourism is probably one of the main ways that we are going to break even come year end and I hope we can at least consider that Kankakee."

Ms. Weimer, "Oh definitely, and I think, like you said, that it will be good for not only the south county but it will be good for all the rest of Porter County and that's how the Dunes are. The Dunes kind of sit out on an island of their own and I don't feel like we are taking advantage in terms of utilizing that image in terms of our community."

Com Harper, "That's another question that I have. Is there any land up there that probably should be preserved around the Dunes that might help us that the National Lake Shore has not been able to purchase?"

Ms. Weimer, "You know, you are asking some of the questions that we have already talked on and we have talked with Dale Lindquist and he said that they are not going to be acquiring more land for the National Park but that there were definitely areas within that area that are very sensitive and I said just please identify those because those would be areas that you wouldn't want a developer to look at. So he actually gave us a map and showed us a full overview of the National Park and land that was set to be acquired but is not going to be but is still sensitive, so we are very sensitive to that issue."

Com. Burrus, "Thank you for your report."

Lorelei Weimer, "Thank you, I appreciate it."

OFFICE HOLDERS/DEPARTMENT HEADS

Dave Sheibels--E911 Director-Communications update

Mr. Sheibels, "Good Morning. Before I start on the communication update report, I have one piece of business to present on our Tiberon Public Safety project. We are in one last testing phase with the Mobil Data Police reporting software. We were not able to complete the testing phase as of December 31, 2003. So we have asked the Bank of America to extend, for a second occasion, the draw extension, so that we can complete our Tiberon Project, sign off on it 100% and finish our last Bank of America draw. It is the same document that I presented last year for the first extension and requesting a second extension there is no funding or anything involved. This is strictly a change of the amendment to the contract, extending the ability to finish the project and draw funds from our lease loan from Bank of America up until April 30, 2004."

Com. Harper, "Is this for this equipment that you share the expense out with the Sheriff's Department, is that what we are talking about here, the computer system?"

Mr. Sheibels, "He covered on the 911 Side, it's an integrated system and we covered the dispatch side."

Com. Harper, "Does this have anything to do with that federal grant that is, as I understand, is virtually approved for this or does this testing have to be done before paperwork can be completed for the federal grant?"

Mr. Sheibels, "No, this has absolutely nothing to do with the federal grant, this is the three year purchase lease purchase loan that we acquired to purchase the Tiberon system before the grant was even in existence. This is just an ability to draw the money from the loan."

Com. Harper, "The last time that we discussed this, we were told that that grant is going right through, do you know where that grant is right now?"

Mr. Sheibels, "The grant has been deposited in the Porter County Grant account."

Com. Harper, "So you have the money to pay for the rest of this?"

Mr. Sheibels, "To pay the third installment to the Bank of America, which will be due in September, but I believe that the Sheriff has made a commitment that there has already been an advertisement done or will be shortly that he is going to pay the remaining balance off early on this particular loan so that this loan will be done."

Com Harper, "Let's back up a minute, it was my understanding that the Sheriff was getting a grant to pay for approximately half of this computer system. Am I right about that?"

Mr. Sheibels, "Approximately two thirds."

Com. Harper, "Alright, and there was several funds that were going to come out but finally it was intended to come out of that grant, it was going to be secured through Congressman Visclosky's office. Is that correct?"

Mr. Sheibels, "Yes."

Com Harper, "Then my question is, has that grant money from Congressman Visclosky been secured?"

Mr. Sheibels, "Yes."

Com. Harper, "So it has already be paid into some fund in the County?"

Mr. Sheibels, "Yes, it is sitting in the account now."

Com Harper, "How much was it for and what account is it sitting in?"

Mr. Sheibels, "I don't have the exact document sitting in front of me, but I believe it was approximately $593,000.00."

Com. Harper, "Is that going to pay for two-thirds of it?"
Mr. Sheibels, "Oh, yes, that covers the two-thirds side of the Sheriff's side."

Com. Harper, "Are you going to get your money back? You picked up a payment that you didn't have to pick up, right?"

Mr. Sheibels, "Correct."

Com. Harper, "Is there enough there to get your money back for that?"

Mr. Sheibels, "Absolutely, that claim has already been processed and advertised and will be transferred shortly."

Com. Evans, "I think that your questions need to be directed to the Sheriff instead of Dave. Dave's side of the bargain is already done."

Com. Harper, "I know that, I'm not questioning about that I'm just trying to figure it out in my mind if that thing is straightened out or not. I think that you went over and above with this thing and I am just trying to get in my mind if it is straightened out or not."

Mr. Sheibels, "Yes, it is straightened out."

Com. Harper, "Then it has nothing to do with signing this. Why if it is all straightened out, all because you want to test the equipment before it is paid for, the final payment? Is that right?"

Mr. Sheibels, "The problem was that it was late delivering the last piece of software at the end of the year and myself and the Sheriff Department's staff are still testing that out. We were unable to complete it because it was so late in the year so in order to complete the project, myself as the project manager, for the entire Tiberon project, I do not sign off on a completion of any part of the project until it works 100% to our satisfaction. To have this last small bit of software that we are still testing so we asked you to extend the draw and the Bank of America said that we can extend until the end of April. We'll be finished by then and we can draw the last of the money out of the Bank of America lease purchase loan. The contract calls for the Bank of America that they pay Tiberon directly via a check and meanwhile the Sheriff is making plans to pay the loan off with the Visclosky grant."

Com. Burrus, "This agreement may in fact become redundant if he gets his payment from the grant money to Tiberon first?"

Mr. Sheibels, "It could turn out that way. This is just here, I am presenting this and asking the Bank to extend it just in case that timing doesn't quite happen but we have until April 30th to ask the Bank of America to finish paying the Tiberon invoices. I will be back sometime in the next month or two with that last final invoice as I have done in the past and ask for approval to pay out."

Com. Harper, "I just want to say to Commissioner Evans that I understand whom I'm asking questions and the questions that I am asking and I will try not to direct your questions and please try not to direct mine. I understand exactly what is going on here and I think that I have all along and I have learned that sometimes you need to ask questions up here or things happen that you haven't asked questions about."

Com. Evans, "But I just wanted to make sure that you understood it."

Com. Harper, "I understood it completely."

Com. Evans, "Sheibels has no control over this."

Com. Harper. "I understood it and I said at that last meeting that I thought that he did a good job by coming in and picking it up and I am saying publicly and I am saying it again, I just wanted to make sure that we were on track."
Com. Evans, "I just wanted to make sure that he didn't have to bear the brunt of the Sheriff's decisions."

Com. Harper, "I think that there was even something in the paper last night saying that I said that he did a good job picking it up."

Com. Evans, "He does do a good job."

Com. Burrus, "Let's move on David, what is your next topic?"

Com. Harper, "Should we take a vote on this?"

Com. Burrus,"Yes, we need to take a vote on this at this time. Is there a motion?"

Com. Evans, "If it's okay by the attorney, I move to accept."

Com. Evans moved to accept, Com. Harper seconded, motion carried.

Com. Evans, "Before we get off the subject, what is your current balance with Tiberon?"

Mr. Sheibels, "The last part of the ERS project will be about $138,000.00."

Com. Evans, "And that is the entire amount that you owe them because your obligation to the other two commitments have been made?"

Mr. Sheibels, "Right."

Com. Harper, "But you don't actually owe it to them, you owe it to the bank, right, or do you owe it to Tiberon?"

Mr. Sheibels, "That would be money owed to Tiberon."

Com. Harper, "Over and above this bank?"

Mr. Sheibels, "That would come from the bank account, the Visclosky grant pays the loan off to the Bank of America."

Com. Burrus, "That was a point that I was misunderstanding and it was that Tiberon has not been paid off in total. We authorize payment from the bank to Tiberon upon successful completion of every component."

PUBLIC SAFETY TASK FORCE
Dave Sheibels, E-911 Director

Mr. Sheibels, "In the Commissioner meeting in December, Dave Lain came forward to present the presentation about the Porter County Board of Safety Radio Project updated report from computer to radio task force that was formed approximately two years ago. Unfortunately I think that there was some confusion on the part of Dave Lain's presentation trying to include more than one topic into a single presentation. I have been asked to step back a little bit and take the presentation to small steps one meeting at a time over the next few months to conclude the findings and project that we are trying to do to upgrade and maintain and secure our public safety radio system so today I am only here to recommend one topic and that is the selection of the radio maintenance repair vendor. The document that I have presented is part of a total set of documents that I worked with the county attorney last week on it and turned it in for everyone's review. With the exact documents and correspondence and every thing that we talked about, it was brought up at the last meeting of December. What we have to do first is take the first baby steps so to speak and we have for many years, as long as I have been with Porter County, six ½ years, and even years before that, that concept where anybody and everybody would be called to repair the radio system for the Sheriff's Police, EMA, EMS, Fire and County Highway radio systems. Consequently this has put us in to somewhat of a configuration which is to say the least a hodge podge and hard to maintain and hard to understand. One of the first things that the newly formed radio task force did was to attack the topic of security and proper radio maintenance for our backbone systems, but this has nothing to do with portable radio's, lap top computers, mobile radios, this is strictly repeaters, tower sites, auxiliary receiver, tower sites and microwave systems. We concluded approximately a year and a half study and gone through the various steps as outlined in the document in front of you, starting with step one to the second page. In our opinion we have followed closely all the county requirements where a request for service proposal have had many meetings, have had written correspondence, the task force has gone through the necessary steps to conclude and recommend Miner Electronics to the Board of Commissioners as our unanimous choice for the Public Safety Radio Service Agency vendor. We would like, at this time, to only do this at the meeting and not talk about future upgrades and other things that will come in the near future that we are also working on as you know, but just to secure this service vendor; and I am asking the Board to concur that Miner Electronics is our Public Safety Service Vendor for repairs and maintenance from the moment forward. And as a second part to that request allow the task force to proceed with contract negotiations to them and put Miner Electronics under contract instead of time and material that we would be paying them from this point on. Time and material, as you know, in 24/7 service maintenance contracts is an expensive route to hold; you can certainly save money by putting them under contract, but the first step is to accept our recommendation for Miner Electronics to the various steps and procedures as outlined in this document and allow us to proceed with contract negotiations."

Com. Evans, "Dave, number one in your proposal here says that four companies were invited to present their ideas; did they bid this project or did they just give you a list of ideas?"

Mr. Sheibels, "The first phase was to bring all the companies in and let them meet with us and understand our needs. So we set up a series of meetings and finally they came in for formal presentations. The second step, after the presentations were delivered in December, November 2002, then we actually sent them a request for service proposals in writing to the three companies that came forward and said we are definitely interested in being your service maintenance company. After that we had a written response back from that document which we reviewed and through another series of short meetings and communications, selected Miner Electronics as our vendor of choice."

Com. Evans, "The only other question that I have is number nine in your communication April 1, 2004, isn't it to be April 1, 2003?

Mr. Sheibels, "You are correct, I apologize for that typo."

Com. Harper, "I've got a couple of questions, again I just need to get this straight in my mind. The first meeting, the last time that you were here with your group, you provided all of us with a document of the upgrades that you feel needs to be done. Correct?"

Mr. Sheibels, "Correct."

Com. Harper, "Do you have a copy of that document?"

Mr. Sheibels, "I do not with me presently."

Com. Harper, "But do you have a copy of that document?"

Mr. Sheibels, "Yes sir."

Com. Harper, "Could I get another copy of that document?"

Mr. Sheibels, "Sure"

Com. Harper, "So that is not part of what we are talking about here?"
Mr. Sheibels, "No."

Com. Harper, "I just have a couple questions about that. That is upgrades that you have obtained monies to take care of or that you hope to obtain monies from the federal government to take care of."

Mr. Sheibels, "Phil Griffith, the EMA director has secured a grant, two grants actually, one for approximately $113,000.00 and the other for approximately $82,000.00 for the total replacement and upgrade of our primary repeaters."

Com. Harper, "So almost $200,000.00, now has any of that money been spent or is it just sitting in an account right now?

Mr. Sheibels, "It's sitting in an account right now."

Com. Harper, "Okay, that came from federal grants, correct? Well it came from grants."

Mr. Sheibels, "It came from the State of Indiana."

Com. Harper, "That will be enough money to complete this upgrade though, correct?"

Mr. Sheibels, "Correct."

Com. Harper, "Approximately how much more do you think that it is going to be and do you have applications in for grants for any of that?"

Mr. Sheibels, "Yes, we believe that the total replacement, including microwave side, the microwave side is the most expensive link, it could be anywhere between $750,000.00--$800,000.00 to totally upgrade and replace everything."

Com. Harper, "Okay."

Mr. Sheibels, "Yes there is another Visclosky grant that the Sheriff has worked on and has applied for, which was approximately $300,000.00 which Dave Lain just reported to me yesterday in preparation for a possible question on that, and that he does not know the status of the grant as far as where it is at the Department of Justice, but Congressman Visclosky has communicated to the Sheriff that the grant has been approved by congress similar to the $600,000.00 Tiberon grant that Congressman Visclosky helped us with two years ago."

Com. Harper, "That answers the question that I have because I think that there was something in the paper about that $300,000.00 that it was approved. Well, now this contract that you want to enter for repair and upkeep, what term is that contract going to be for?"

Mr. Sheibels, "Typically terms are one year with automatic renewal up to three years. This is pretty much a standard service maintenance contract."

Com. Harper, "And did these three companies give you a dollar bid on this?"

Mr. Sheibels, "Yes, there were dollar amounts that we are replying to that we have documentation on the material."

Com. Harper, "Have you supplied us with that?"

Mr. Sheibels, "Yes, it is in the booklet that I made up last week for you."

Com. Harper, "Do you have that in front of you? Is it tab 6?"

Mr. Sheibels, "It is going to be tab 12, almost the last page."
Com. Harper, "Is it a requirement that someone be an authorized Motorola dealer, in your opinion to do this?"

Mr. Sheibels, "Yes, we have all Motorola equipment, our radio consoles are all Motorola."

Atty. Rinkenberger, "Now if you would anticipate bringing any contract before this Board for signature, you understand that the committee can't sign them."

Mr. Sheibels, "Correct."

Atty. Rinkenberger, "So right now they are just paying a vendor on a day by day basis."

Mr. Sheibels, "Correct, time and materials."

Com. Evans, "In the event that they can't provide the service needed, you still have the ability to go to one of the other two bidders?"

Mr. Sheibels, "Certainly."

Com. Harper, "It appears that Northwest is lower than Miner in the bid."

Mr. Sheibels, "Correct, on the hourly time rate."

Com. Harper, "Well, wasn't there a couple other categories that they weren't going to charge you that Miner was or not, or am I wrong about that?"

Mr. Sheibels, "I don't quite follow that."

Com. Harper, "Well, let me look at that again."

Atty. Rinkenberger, "Why don't you just tell him what it was that you based your opinion on to pick Miner."

Mr. Sheibels, "Certainly. Miner satisfied our level of experience as far as training, parts and technicians, availability in our request. The emergency response time was pretty much equal between the three that responded. The cost quote for initial system assessment, the others did not want to even get involved in that end of the project because of the mess of the tower sites and how it is hodge podged through the years, but Miner stepped up to the plate and agreed to a fixed rate to go in and give us a consulting analysis of where to start with some of the maintenance issues that we have right now today. Our cost markup, manufacturer suggested retail parts, discounted with the contract, where the other two vendors gave us very vague numbers in that area, as far as parts cost and delivery, provide a percentage break out by department, the other vendors did not want to work with us in separating the cost of the contracts per other departments. The cost to pay this contract, upon the selection of a vendor, will be combined by the various projects of 911 representing the fire side, EMA, Gary Atherton's Department at EMS, County Highways budget, whether to combine our existing budgets into a total contract and Miner totally agreed to separate those contractual types of items between the departments and the others did not. The monthly rate for service maintenance, nobody actually responded to an exact dollar figure, because in service contracts there are many variations that can apply, so they could not specify at the time. For communications backbone, Miner Electronics presented the most full recommendation to the Tommy Tittle site, where the others did not meet our qualifications or did not respond and being an authorized Motorola Dealership certainly weighed heavily in our decision to authorize Motorola Service Centers, one was not."

Com. Harper, "What about that free tower space? Is that worth anything?"

Mr. Sheibels, "The free tower space was, in our opinion, somewhat misleading. They bought the old what we commonly referred to as the Old AT&T communication tower, the GTE tower, on North Calumet, the big cement tower; Northwest Indiana owns that tower now and they have some facilities there. With a contract, they were going to allow us free tower space in the sense that there was not going to be an extra tower leasing expense and contract and we knew that there was going to be additional expense if they were not going to give the lease space away for free. What they were saying is that it would be included, bundle it in to a service maintenance contract versus the way we have been doing business with our tower companies having a separate contract with towers for other issues. So we didn't feel that we were getting anything for free."

Com. Burrus, "I'd like to make a comment on behalf of what the task force has done here in the last year and a half or two years. Your time line begins in October, 2002, and at least for a period of time prior to that there was a great deal of concern on the part of all of us in the county that our radio communication system was on the verge of potential failure. As you mentioned we had five or six users, including the Sheriff's and fire and the EMS and the Highway even, and I think that it was a very, very successful effort where all of you came together with different uses and different needs to solve a common problem. You described it as a "hodge podge", but I had the opportunity to visit our locations, our tower sites, and that is a pretty generous description. Our radio communications equipment is located in the vicinity of 600 North and it's located at two separate towers right now with two separate agreements; one tower has better security than the other and one tower, has or has not, emergency generator backup; it is just a very, very inconsistent type of a system. Your group, I think, has been successful, for one reason, in the fact that you have been very deliberate and very objective in the way that you have interviewed these firms in trying to come up with a provider that could bring order to this as well as a degree of expertise and security; and at the same time and maybe even simultaneously, there have been some very successful efforts in bringing together sources of funding. Back in 2002 we recognized the problem, we were in the pits of a financial crisis, we did not have any idea where any money was going to come from to make even temporary repairs. I have seen examples out there where vacuum tubes from some of the obsolete radios had been scrounged from one system to put in to another to keep the more critical functions alive. So, from my point of view, we are on the verge of solving a very serious problem and the methodology that you have gone through here is very appropriate. I wish that I could compliment you for your efforts. Now if there is any further discussion, or are we satisfied Bob, with the methodology here?"

Com. Harper, "Yes. I've got a couple more questions about something else, but I have not problems with this."

Com. Burrus, "I'm finished with my remarks, but go ahead."

Com. Harper, "Now how are you going to approach the next part of this? Are you going to put it out for bids? How do you intend to do that?"

Mr. Sheibels, "We are going to be putting it out for Requests for Proposals. The Porter County side of the two grants that I have just mentioned starting to replace some of our older equipment do not exceed the combined the $75,000.00 limit. So we are going to do a formalized Request for Proposal, which will go thru the Board of Commissioners and it will be coming up in a few short weeks and I will be back with those documents with requests for advertising."

Com. Harper, "I think, that when we do that, we should: 1). Put it out for bids and we shouldn't limit it to just Motorola Equipment. We should put it out for bids. If I understand the law and once the bids come in and we feel that a vendor has put in a low bid but can't meet the requirements that you can turn down that bid. Okay. So I think that we should put it out for bids and not limit it by location nor by brand so that anyone can bid on it. Bring it in here and we can look at it and if we feel that the low bidder is not competent then we can do something about it but I think that everyone would have a better feeling if we do that that way. What do you think that this contract is going to, just rough, is going to run a year, or don't you want to say that?"

Mr. Sheibels, "I would really rather not speculate because I really don't have any good . . . ."

Com. Harper, "You are going to bring it back for final approval?"

Mr. Sheibels, "Correct."

Com. Harper moved to accept the recommendation of Miner Electronics, Com. Evans seconded, motion carried.


PURDUE CONTRACT
Corinne Powell, Extension Educator

Corrine Powell, "I am Corrine Powell and this is my co-worker Eric Vinnear from the Extension Office. What you have in front of you today is a document from Purdue University for contractual services between Porter County and Purdue University that is up for renewal. The County Council approved this item as a part of our budget, I believe it was July 3, 2003."

Com. Burrus, "The amount of the contract is?"

Ms. Powell, "$113,055.00"

Com. Burrus, "And this is for services?"

Ms. Powell, "For services that Porter County received through Purdue University Cooperative Extension Service."

Com. Evans, "How many years have we been entering into this contract?"

Ms. Powell, "Oh I guess that it has been about ten. I have been on staff for about 17 years and I wasn't in this position when it all occurred, and I do remember that happening, with all 92 counties were asked, (inaudible) enter into contractual services, so I guess it has been about ten years."

Com. Evans, "Do we ever go over the dollar amount?"

Ms. Powell, "No."

Com. Evans, "Do we ever not use all the dollar amount?"

Ms. Powell, "No."

Com. Evans moved to accept the contract with Purdue, Com. Harper seconded, motion carried.

Hiring of Sommer Bernard Ackerson Law Firm for representation for the landfill litigation of Lake County Trust v. the BZA

Mr. Thompson, "This is an engagement letter I am presenting to you and signed by Robert Detert, Chairman of the Board of Zoning Appeals in January at the first meeting of the Plan Commission and Board of Zoning of Appeals that they both approved hiring the firm of Sommer Barnard and Ackerson to assist or consult with our attorney Lilly Schaeffer on the litigation that we have before us concerning the landfill. This was signed; they are to assist Lilly with the Brief which they have been doing at this time. The Brief was due either Friday or Monday. I believe it was last Friday that it was due. They were assisting Lilly with that and coordinating with other attorneys concerning this situation. I guess to give you background of Sommer Barnard Ackerson, this is the same firm that SCROD over in Lake County, that's South County Residents Opposed to Dumps, hired to fight land fill litigation in Lake County. And I guess the only question is concerning the payment for them. would say that the one thing that I am concerned about idea of possibly money coming out of Building, Planning and Zoning. I feel this is a benefit to the number of residents to Porter County and I do not believe that payment should come out of this fund."

Com. Burrus, "Let me make a comment to start with, and then we will open it up for discussion. I agree with the intent and the purpose of this engagement letter. I think that it is imperative that as litigation proceeds against the landfill or to maintain our decision against the landfill, that we have every bit of expertise available that we can muster. I know that there has been discussion; I know that Bob, you have been in discussion on this, John you have as well. I don't want to speak for the two of you, but I think that we are unanimously against this landfill proposal in Porter County and this would be a demonstration as to our intent to see that that appeal is denied. There is an issue with respect to funding and I will defer to one of the other of you here."

Com. Harper, "Let me say, too, that there was an executive session of the Plan Commission held to discuss the litigation at which this was discussed. Obviously there was some members of the Council there when we discussed it in the executive session. It was then announced at the Plan Commission meeting that, the press had left at that time, but it was announced in open meeting that the Plan Commission had decided to, I believe was is that correct that night, announced to take this tact. This firm is an expert and handles this kind of suits and now has been helping and will be there in the event of an appeal and I believe that we should appear with the Plan Commission in front of the council at the next meeting and ask that they fund this amount. I think that knowing their feeling toward this landfill that they will. So I move that we do that, that we appear before their next meeting and ask that they fund the amount that has been pledged so far for this assistance in this case."

Com. Harper moved to approve the retention of Sommer Barnard and Ackerson Law Firm for representation for the landfill litigation of Lake County Trust v. BZA,

Com. Evans, "I would like to add that I believe you are on the right track with the place the funding belongs. The BZA acted in the best interest of Porter County by defeating the landfill and I think that it behooves this Board to give you our endorsement
to seek the additional counsel. I think it behooves the Council to appropriate the money from the General Fund as your situation, your Board didn't even exist at the time that this suit was initiated. So, I think that the money should be expended by the Council from the General Fund and not from your funds."

Com. Evans seconded,

Com. Burrus, "And I would certainly endorse John's comments on that as well as Bob's on both issues. Therefore we do have a motion and a second."

Motion carries.

REPORT FROM COMMISSIONERS

North District: Com. Evans

1. Liberty Minor Subdivision 1225-B-3 Road Agreement located on the south side of CR 700 North between SR 149 and CR 200 West hereby offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are James and Becky Joros. Recommend approval.

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


Center District: Com. Harper

1. Replat of Lot 25 in Moreland Estates Road Agreement located on the south side of CR 400 North just west of CR 475 West hereby offer to contribute $750.00/lot for a total of $750.00. Owner and subdivider is Mark Peracki. Recommend approval.
Com. Harper moved to approve, Com. Evans seconded, motion carried.

2. Pheasant Run Subdivision Acceptance Form and Maintenance Letter of Credit #03-47 from Lake City Bank in the amount of $5,840.00. Recommend approval.

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

South District: Com. Burrus

1. Replat of Lot 1 Morgan Minor Subdivision 2048-B-1 Road Agreement located on the east side of CR 150 East between CR 400 South and CR 500 South hereby offer to contribute $750.00/lot for a total of $750.00. Owners and subdividers are Michael D. and Sherry E. Barnes. Recommend approval.

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

2. County Road 100 South Federal Aid Project was approved for funding for the phase between CR 600 West and SR 2. The federal aid will be around $2,500,000.00 and it will likely be ready for an April 2006 letting. Recommend approving the letter of commitment for federal aid and sending a reassurance letter to INDOT defining the project limits and federal aid.

Com. Burrus, "I will defer on this topic as I have a separate topic I want to bring up on this 100 South project."

3. Utility agreement from NIPSCO for installation of 1 pole and 1 secondary pedestal on CR 625 West, at 1025 South 625 West. Recommend approval.

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

4. Wind Whistle Subdivision Maintenance Letter of Credit #2002-02 from Citizens Financial Services, FSB in the amount of $22,600.00. Recommend approval.

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

5. Stone Creek Subdivision Performance Letter of Credit #3095400014 from First National Bank of Illinois in the amount of $271,500.00. Recommend approval.

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

6. Porter Minor Subdivision #1250-B-1 Road Agreement, located on the south side of CR 550 South just east of CR 250 West. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are James and Kathryn Cody. Recommend approval.

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

7. Dream Catchers Subdivision Road Agreement, located on the north side of CR 50 South between Sager Road and CR 150 East. Offer to contribute $750.00/lot for a total of $5,250.00. Owners and subdivider Gary A. and Randy L. Tacker. Recommend approval.
Com. Burrus moved to approve, Com. Evans seconded, motion carried.

County Road 100 South Federal Aid Project Approval

Com. Burrus, "The item that I deferred on is an item that I want to make an announcement on this morning. For several years our County Engineer Dave Schelling, in conjunction with the engineering firm of PTGR Bonar, just across the street to the west, have been submitting grant applications through the state of Indiana for federal monies to assist us in the upgrading and the improvement of safety conditions on CR 100 South. This road runs from State Road 2 west to the front entrance of LOFS development and if some of you have been following the developments in Porter County it's a corridor that has seen some very heavy development. The terrain that this road passes through is very hilly in some spots, we have some blind intersections, we have some bad passing situations and we have a lot of traffic. I would like to announce this morning that we have been approved having received a notice of approval on one of our grant applications for the improvement of this road CR 100 South from State Road 2 west as far as CR 600 West, is that right Rich? This is a portion of the road and the grant amount is $2,624,000.00, so we are certainly very happy that this has been approved and we will have to send a letter of acknowledgement to the state as our willingness to not only accept but to participate and that will go out of here as well. There is a local share to be determined but I would also like to announce that for the last year we have been accumulating into a separate fund all of the road agreement funds that have been negotiated and all of the developments that strattle CR 100 South for a mile in either direction. So there is a two mile corridor from State Road 2 to the county line that we are accumulating dollars for local share. While we don't know what that number is right now, we feel confident that by the time this project gets underway we will be in a position to cover our local share. The last piece of this is a time line that is still very preliminary but the cautiously optimistic date would be that we would be letting bids for this project in the early spring of the year 2006. There is a number of engineering prerequisites that must be accomplished as well as some approvals along the way, so that would be a projected time line. I suspect from the Commissioners point of view, since we do have to sign a letter and return it, acknowledging the receipt as well as the participation, I'll recommend that we accept this and participate and put that in the form of a motion."

Com. Burrus moved to accept and participate in the CR 100 South Federal Aid Project, Com. Harper seconded, motion carried.

Com. Evans, "Good work by Dave Schelling."

Com. Burrus, "Yes, I think that Dave Schelling and the Bonar people should be complimented for their persistence on this, they did a very good job."

CORRESPONDENCE

The Weights and Measures monthly report for January 2004 is on file.
The Building Departments monthly report for January of 2004 is on file.

Approve contract for Animal Shelter Services with Beverly Shores

Com. Evans, "They break that down for each one of the municipalities and then they come up with an annual charge. The contract has probably been approved by the Town of Beverly Shores."

Com. Evans moved to approve the contract for Animal Shelter Services with the Town of Beverly Shores in the amount of $558.00, payable quarterly for the year 2004, Com. Harper seconded, motion carried.

Approval of blanket Employee Bond for the Recorders office

Com. Evans moved to approve the Blanket Employee Bond for the Recorder's office for 2004 in the amount of $51,000.00, Com. Harper seconded, motion carried..

Approval of Public Official Bond for Allan Hoagland, interim Highway Superintendent

Com. Evans moved to approve the Public Official Bond for Allan Hoagland, interim Highway Superintendent in the amount of $8,500.00 for the year 2004, Com. Harper seconded, motion carried.




Approve Blanket Employee Bond for Treasurer's office

Com. Evans moved to approve a Blanket Employee Bond for the Treasurer's office in the amount of $250,000.00 for 2004, Com. Harper seconded, motion carried.

Approval of April 4-10 as "Blue Ribbon Week", National Child Abuse Awareness and Prevention Week

CHILD ABUSE PREVENTION MONTH
PROCLAMATION

Whereas, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community;
Whereas, statistics of children who are abused and neglected escalate each year;
Whereas, the effects of child abuse are felt by whole communities, and need to be addressed by the entire community;
Whereas, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies and the business community;
Whereas, youth-serving prevention programs offer positive alternatives for young people and encourage youth to develop strong ties to their community;
Whereas, all citizens should become more aware of child abuse and its prevention within the community, and become involved in supporting parents to raise their children in a safe, nurturing environment;

Now, Therefore We, the Commissioners of Porter County Indiana, do hereby proclaim April as Child Abuse Prevention Month in

Porter County, Indiana

And call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live.

Dated this 3rd day of February, 2004.

Porter County Board of Commissioners
S/David L. Burrus
S/John A. Evans
S/Robert P. Harper

Com. Evans moved to approve April 4 through April 10, 2004 as Blue Ribbon Week and to grant permission to tie blue ribbons around trees at Courthouse and Administration Center for National Child Abuse Awareness and Prevention Week, Com. Harper seconded, motion carried.

Com. Burrus, "Gentlemen, this is all I had on my list. Is there anything else?"

COMMISSIONER HARPER COMMENTS ON RAILROAD CROSSING AT STATE ROAD 2

Com. Harper, "I've got a couple of things today, if I may. Number one, I would like to say that there has been some articles lately about this railroad crossing situation on Highway 2, which our chairman knows is terrible as he drives over it once a day, and even before I got here the Commissioners had been writing letters on it and just recently, and it is a state road that crosses that track but it is terrible for the school bus drivers that have to cross that and recently we had a letter written to the State by the Highway Engineer and, I think that the situation is drastic enough that I move at this time, pursuant to state statute, we contact the railroad and tell them that we are going to repair that and bill them for it and put them on notice that if they don't do it we are going to do it, so I so move."
Com. Harper moved to contact the railroad to have them repair the crossing at State Road 2,

Com. Burrus, "For point of clarification, this is the Grand Trunk Railroad crossing at State Road 2 near the Washington Township Schools. So we know exactly where this is."

Com. Evans seconded, motion carried.

COMMISSIONER HARPER COMMENTS ON THE COUNTY'S BUDGET

Com. Harper, "Also, I have some comments that I would like to make on our budget, if I may? (Com. Harper read the following prepared statements). As we start the new year, I think that it is important that we discuss and take some action regarding our budget and how it relates to the County budget…because some long range planning is needed. In my opinion, the budget problems that we have experienced over the past few years, has not been just the result of the Bethlehem Steel Bankruptcy. If that were so, the $3,600,000.00 we receive from the bailout loan would have gone a long way to solve the problem. However, even after receiving that money, we still had to make sharp cuts, which I believe is because our budget was out of control and not properly planned long before the bankruptcy. In my opinion, our budget problems were the result of a combination of factors:

A.)Over the years our health care costs have not been properly funded, and I want to add here that that is a situation that I believe that this Board inherited and did not create and tried to deal with and it is still an on going problem.
B.)Buildings were built without studies as to what additional cost would be for utilities, insurance, and up keep and these monies were not budgeted in advance.
C.)When employees were hired and sufficient monies were not added to the Commissioners budget to pay for benefits and health care costs which come out of that budget.
D.)Purchases were made with out consideration of the long-term costs. For an example; an automobile would be purchased with out budgeting for repairs, gas, and insurance and replacement costs. We just had that situation with Probation, where they purchased that vehicle, and I don't know that if it has been cleared up yet, as to how they are going to pay for the insurance on that vehicle.

Com. Burrus, "That's been cleared up. It will be billed separately."

Com. Harper, "Okay, on the surface, it appears that we have had some major relief, we no longer have the problem of the Bethlehem Steel Property and the tax roles, but not paying any tax. Additionally we received $2,000,000.00 from back taxes that were paid as a result of the settlement with Bethlehem. We also will be receiving casino money that may be close to $400,000.00 and by transferring personnel from Public Safety to 911 we have saved approximately $600,000.00. Further we will be paying somewhere in the area of $500,000.00 a year less on ambulance fees. My concern is, that certain officers may look at these figures and think that we have extra money to spend and I think that the reality is much different. The $2,000,000.00 that we received from Bethlehem Steel will have to be paid back to the state as part of the pay off on the bailout loan. Further, we will have to start making payments on the remaining monies that we have borrowed sometime within the next four or five years. As far as I know, there are no budgetary plans made for these paybacks at this time. The cost of insurance for our employees ran somewhere about $4,500,000.00 this year. At the last Council meeting the department heads were given the green light to fill positions that were vacant because of people quitting or retiring, and all these people that were added back for the rolls may put an additional burden on our health insurance cost. I think that we must be sure that these are budgeted for. According to my calculations, for each employee that we add to the county payroll, the cost to the County is over $8,000.00 for health insurance benefits and does not count what other employees benefits run, and all these benefits come out of the Commissioner's budget which in a way we don't have a lot of control over because as they're added and these monies need to be added in at the time that these people are added. We have recently owned the new jail and utilities and insurance upkeep including maintenance and equipment in that jail could well exceed $500,000.00 a year and will probably be more. At the present time, such costs are being paid to a great extent of the Commissioner's share of the monies from the federal and state prisoners kept at that jail. In addition, the additional jailers we have hired are paid out of that money that we have received from these prisoners. The fact that the jail is being supported partly by keeping the prisoners may not be a secure situation. The number of federal prisoners has dropped at times already and I know that a new Hammond jail is open that is keeping some federal prisoners but I am not sure how many and so I think that we have to study this situation and see how stable our situation is as far as income for these prisoners. We need to come up with a plan for the next few years on how we are going to budget not only for the utilities for the jail, but also for the manpower to staff it. Further, I know of no plan to replace all the vehicles that we have, apparently the number of county vehicles has grown by 50 to 70 over the past few years. I believe that we not only need to have a good inventory on these vehicles, which hopefully we will have by March 1st, but we also need to take a hard look at how necessary they are, if they are necessary, they need to have a regular maintenance and replacement plan for them. In the past few years, the vehicles have been replaced with monies from the Commissioner's CCD fund, however, this has been on a hit and miss basis. We must know how much needs to be budgeted each year for replacement costs and not replace a vehicle when a cry goes up from the various departments that they have been used to the point that they are unsafe. Because of state law, growth of in our general fund is limited to approximately 5%. This may be done by putting a percentage growth limit on the tax that the county can levy. This percent may even be smaller based on recent legislation that has passed.. The Council is going to be faced with a problem of adequately staffing all county offices and at the same time, keeping the growth of the county general fund somewhere in that area. This simply means that if new buildings are built or if there is money needs for maintenance of the buildings or cars are added and there is monies needed for insurance for these cars, such costs deplete the available monies for staff increases. What one department does, as far as budgetary increases, directly affects all the other departments. For example; if one department has many new cars and increases the budget by 10%, in doing so, other departments may have to get by with less than the 5%. Before we start spending, we must take a hard look at our future budget and come up with some type of long-term plan. We must set priorities; I believe that we should device a priority plan to get the manpower requirements in our existing offices to where it needs to be, update the equipment used by our present office holders and employees and insure that our present employees are allowed to regular raises and stable benefits. In any event, there should be a plan put together that hopefully all can agree upon. Therefore, I propose a joint committee to be set up to include members of the County Council and County Commissioners to study and make recommendations regarding long-term budgetary plans. The work would be hard and I envision working sessions at least once a week for a set time for the next few months. I believe that these working sessions must be open to the public so that the public can observe the process and hear the problems. The meetings should also be held in the evenings to encourage public attendance. There may be times when it may be necessary to ask employees or attorneys to attend so questions can be answered about this budget. I think we should work out an agreement with the council, so that city employees and attorneys can be compensated for their time including overtime. Naturally, these employees should not be forced to attend unless they are willing to help. I think that the committee should, among other things, make findings and recommendations regarding, what is the state of our health insurance fund, and how much should be budgeted for the fund each year? How can we assure ourselves that when we add an employee, we additionally add enough money to the budget for the benefits needed for that employee? How can we create a permanent committee that will study the cost of any new building before construction or any project starts making sure that the monies have been budgeted for the building maintenance, utilities and upkeep. Do a study of what the status of state and federal prisoners are at the present time and how long we can expect income from them. Further study the actual cost of utilities and upkeep for the jail and come up with some long-term plans for future budgetary needs to that facility. Do a study of why the numbers of vehicles have increased so much during the past few years? The study should ask questions such as are all the vehicles necessary and what kind of plans are there to replace them? Also, how much do they actually cost including repairs, gas and insurance? Knowing these figures would help the council members make better decisions in deciding whether or not departments need to purchase new vehicles. Come up with a plan to pay back the state bailout loan. Study and try and make a proposal for a way to make the budget to a place to adequately reflect what a department spends. For example, a department hires a person, is there a way to reflect that person's health insurance cost, workman's compensation cost, and other benefits into that departments budget? In an addition, when a department buys a car, is there a way to reflect insurance, gas and replacement under the budget of the department making the purchase. I believe that we must do these things or we will soon find ourselves in another crisis. Remember, that we will be limited 5% or less in our budget increases in the next few years. The employees that we cut out of the budget and will be replaced will be part of that 5% increase. We must have a long-term plan or we will have another crisis. I know that it is going to be tough to face these problems and work out the solutions. However, we have two choices, face these tough problems and get a long-term plan in effect or find ourselves in another crisis and go to the taxpayers for more money. I favor the first. I want to say something else about this, In no way is that meant to reflect on Commissioner Burrus or Evans and the work that they have done, because I know that they inherited this situation, and I have observed this happening over the years. The Commissioner's budget is so much affected by what the Council does and yet the Commissioners don't have a vote on it when $10,000.00 is added here and there and every place into the budget. So someone buys a car and we have to come up with another $2,000.00 a year for insurance or so and someone adds an employee and that is $10,000.00 more that we have to come up with and I think that we have to get it together. So most of my remarks were typed that I'd like to give a member or two a copy of them and leave them for the Council. The Council is not meeting this month, and I move that we approach the Council next month with a suggestion to try and get a joint committee together and work out some of these problems."

Com. Harper moved to approach the Council with the suggestion of getting a joint committee together to come up with a solution to budget items,

Com. Burrus, "Comments, John?"

Com. Evans, "A lot of them are right on target, I think that they are all things that we have been trying to accomplish and you put them in a pretty succinct order. It has been difficult for us to drive the boat when we are busy bailing the water. I think that it is a good idea and it will go a long way to put some semblance of order to the direction that the County needs to go. I'll second your motion and move that you need to be a member of that body."

Com. Evans seconded,

Com. Burrus "Before we vote, let me make a comment or two. I will agree that some of the initial points that Bob made were very familiar and we have made them over a number of years from this pulpit as well. One thing that I would predict that we would find out of this though Bob, is that when we create this long-term plan, which I support completely, I think that we will find that it will not necessarily eliminate a crisis but it will define one. There are a couple of other things that have been very repetitive that you have touched on that are exactly right; the Commissioner's budget is particularly the recipient of the impact of other departments' expenditures, and you mentioned health insurance by adding employees and you mentioned car insurance by adding automobiles. There is another thing that adds into this thing that we have found ourselves very much literally helpless in, and that is, what I refer to as irresponsibility of some of our drivers. We have a very expensive automobile insurance policy premium and I think that there is a need to have some changes made in the way that we conduct these things. I will be real frank with you, the majority of them are in the law enforcement field and maybe they are necessary, but at the same time we need to make some improvements in those areas, not only to maintain are coverage, but hopefully be able to lower that premium. So yes, we are very much the recipients of some of the other department's actions. Any further discussion?"

Motion carried.

Com. Burrus, "Any thing further, Bob?"

COMMISSIONER HARPER COMMENTS ON SAFETY COMMITTEE

Com. Harper, "Let me just comment, I know that even before I got here, there was some work on the safety committee because of those insurance plans because of the high rate that we are paying because of accidents, to be real frank. I am meeting Friday morning with some of Anton's people that he has on safety committees from some of the liability carriers and I know that everybody has been working on it and hopefully by next meeting we can have this all put together; an ordinance on that safety committee so that we can get started."

Com. Burrus, "That has been an issue that has been underway since at least the middle of the year and you are right, it needs to be implemented."

Com. Evans, "And it will help lower our insurance cost."

Com. Burrus, "Anything further, John?"

Com. Evans, "No, I am okay."

Com. Burrus, "I think that we are past time here and I think that we will entertain a motion to recess this meeting. We will take a ten minute break and then we will reconvene for the Plan Commission portion."

Com. Evans moved to recess the morning session, Com. Harper seconded, motion carried.

PLAN COMMISSION SESSION
Robert Thompson, Plan Commission Director

George Sigler rezone

Mr. Thompson, "I should bring up first --inaudible--. The reason I want to bring that up first is because my office forgot to notify Melissa that this particular case was forwarded to the County Commissioners at their January meeting and was announced at the Plan Commission that it was going to be heard today. We forgot to notify Melissa of that so it is not on your agenda. So I wanted to know how you wanted to proceed."

Com. Evans, "Can we proceed if it is not advertised?"

Mr. Thompson, "If that is a problem, I don't mean to interrupt, but for our comfort and your comfort, if there is a question in anybody's mind, we can come back in two weeks."

Atty. Rinkenberger, "I would think that would be a good idea."

Com. Burrus, "To observe proper protocol, that might be a good idea, if that is okay?"

Mr. Thompson, "That is all right because the staff report is involved in this case because it is an unusual zoning request. In the years I have been here, I have never have heard of this zoning request. It is different and I think you need to see a staff report."

Atty. Rinkenberger, "Why don't we just have this Board, since you noticed it for this meeting and we didn't notice it, why don't we make a formal motion to continue it to the next meeting and then put it on our agenda; that should cover it."

Com. Harper moved to continue the George Sigler zoning issue until the February 17, 2004 meeting, Com. Evans seconded, motion carried.

Rezone, Amend PUD Ordinance--Komark. Ltd., First Reading

Mr. Thompson, "First case is Plan Commission Resolution 04-01, petitioner is Komark. Ltd. requesting an amendment to an original PUD ordinance, this is Ordinance no., 98-22 they are requesting an amendment to. The Plan Commission heard this case at their December 10, 2003 meeting and forwarded it to the County Commissioners with a favorable recommendation of 8-0."

Com. Burrus, "So you have indicated Bob, that the applicant is a Komark Ltd. Corporation, could you say again what the action of the Planning Commission was?"

Mr. Thompson, "It was recommendation of approval with an 8-0 vote."

Com. Burrus, "And the request consists of what?"

Mr. Thompson, "Amending PUD ordinance No. 98-22."

Com. Burrus, " Can you describe what that entails?"

Mr. Thompson, "Essentially the developer requesting to take eight blocks down to six lots for 65 foot lots and they are going back to -inaudible- with the work he is proposing which would eliminate 2 lots within the development."

Com. Burrus, "Gwenn, this is in the form of a hearing? Is that right for this or not?"
Atty. Rinkenberger, "Should be."

Com. Burrus, "Is there anyone speaking on behalf of this? Please identify yourself for the record."

Chris Kovich, "I'm from Komark, Limited. Basically what we are doing gentlemen, is that this is a new plan -inaudible- all that we are doing, we had these lots here and we are eliminating one of these lots and making five lots on the six here, widening these last two, about 85 feet wide, or 65 feet wide and doing essentially the same thing I have been doing at other subdivisions; just pulling out a lot and blending these lots. This necessitated moving this road over a bit."

Com. Burrus, "The upper parcel you have identified, does that impact the second tier of lots above it?"

Mr. Kovich, "No.

Com. Evans, "Is that the only change?"

Mr. Kovich, "Moving the street over, taking two lots, there was just a ____ utilities down this lot, that is why that was included."

Com. Burrus, "OK, is there anyone else that is in favor of this petition? Seeing none, is there anyone to speak against it?"

John Whitcomb, "I reside at 2059 South SR 2, Center Township, and I am not against it, I don't know if I am or not. I don't know where it is, what is it, or who is it?"

Com. Burrus, "Is that all the comments that you have right now?"

Mr. Whitcomb, "I was hoping."

Com. Burrus, "We will go back to the petitioner then and he can give us that information, please."

Mr. Kovich, "This is located in Ravinia Subdivision, 1,500 feet south of the intersection of SR 6 and 149 on the east side."

Com. Evans, "South of 6?"

Mr. Kovich, "Yes."

Com. Burrus, "OK, is there anyone else here speaking against? Seeing none, we will close the public portion of the hearing. Is there any discussion among the Board Members?

Com. Evans, "No, it looks like a no-brainer to me."

Com. Burrus, "Bob, I assumed that you sided with that one on the Plan Commission?"

Com. Harper, "Yes. 8-0 vote."

Com. Evans moved to approve the rezone to amend the PUD, Com. Harper seconded, motion carried.

Rezone-R1 to R3, Dean Frober, Owner, 2nd reading

Mr. Thompson, "The next two cases, I'll combine, if there is not objection?"

Com. Evans, "But will we need to vote separately?"

Mr. Thompson, "Right. Just for presentation purposes, I would like to combine them. First one will be Resolution 03-19, Porter County Plan Commission Resolution, Petitioner Dean Froberg requesting an amendment to the Master Plan for the zoning of a parcel of land from R1, Single family residential to R3, Multi family. This is the second reading on this case. The Plan Commission forwarded it to the Commissioners with no recommendation with a 6-2 vote."

Com. Evans, "I have it listed as 03-Z-15."

Mr. Thompson, "Yes, this is a Plan Commission case. 03-Z-15, yes, petitioner Dean Froberg, Resolution 03-19."

Com. Evans moved to approve on 2nd reading,

Com. Burrus, "Do we have any further discussion on this? This is the one from R2 to C2?"

Com. Evans, "No, R1 to R3."

Com. Burrus, "Hearing no discussion, I will second that motion."

Com. Burrus seconded, motion carried.

Rezone, R1 to C2, Dean Froberg-2nd reading

Com. Burrus, "Then the next one would be the commercial, is that correct Bob?"

Mr. Thompson, "Correct, this is Planning Commission case 03-Z-14. Planning Commission Resolution No. 03-20. Petitioner Dean Froberg requesting amendments from R1 single family residential to C2 offices and institutions. This was forwarded to the County Commissioners at the November 12th meeting of the Planning Commission with a 5-3 vote for recommendation of approval."

Com. Evans, "I have had subsequent conversation with the main remonstrator for this proposal, Mr. Marischen and have been in touch with the developer, Jake Wagner and his attorney, Mr. Ferngren. They have all consented to take the views of the opposition into consideration when they develop this parcel and they will do that prior to going to TAC. I think that it is an admirable conciliation on everyone's part."

Com. Evans moved to approve on 2nd reading, Com. Burrus seconded, motion carried.

Com. Burrus, "Any further business, Bob?"

REQUEST FOR QUALIFICATIONS CONCERNING AMENDING THE ZONING AND SUBDIVISION ORDINANCES FOR MASTER PLAN

Mr. Thompson, "Yes, one last item. Request for qualifications were sent out concerning the amending of the zoning and subdivision control ordinances for the county Master Plan. One of the things that we were talking about is how we want to proceed with the selection of a consultant. I have asked for RFQ's to be presented to the Plan Commission by March 5th and for that I was going to distribute copies of these and the question came up as to how we wanted to proceed with the selection of that consultant. Do the commissioners want to interview the consultant and select him or do you want the Planning Commission to do the interviewing and make a recommendation to the County Commissioners on the consulting services."

Com. Harper, "I think the idea was that we didn't want to do it twice, you know, interview him twice."

Com. Burrus, "What we have done in similar situations, and John correct me if I am wrong here, would be for the Board involved to interview and to come up with a short list of possibly three candidates and then we would make a final choice from that."

Com. Evans, "How many applicants do you anticipate, Bob? It's a pretty qualified field, I mean that you are not going to get 10 or 20."

Mr. Thompson, "I think that last time we had 6."

Atty. Rinkenberger, "I think if they came up with a short list and then recommend somebody on the short list, that would be the best thing to do."

Com. Burrus, "Does the board have any further discussion on that other than duplication of effort?"

Com. Harper, "No, that was the only discussion and wasn't about anyone trying to avoid duplication of effort, as I recall."

Mr. Thompson, "I was just actually trying to figure out -inaudible---who was actually going to be consulting -inaudible- what is the process, some Plan Commission members felt that if the Commissioners wanted to go through the proceedings of interviewing everybody. ---inaudible----"

Com. Burrus, "I personally think that it would be our responsibility to do that."

Com. Evans, "I like your idea of letting them select their choice and then if there is a difficulty coming up with one name, we could maybe help with the tie breaking situation or something like that; ultimately approving the final candidate."

Mr. Thompson, "Do we want short lists? I could have them come in and get an interview with the Commissioners."

Com. Evans, "Well, I think that the Planning Board can pretty well ascertain the qualifications that they want from that person, so I would say, unless they can't decide on one person, give us a short list and if they can decide then send us the name of the person that they recommend."

Com. Harper, "Are you so moving?"
Com. Evans, "Yes. So moved."

Com. Harper, "I'll second."

Com. Evans moved to have the Plan Commission conduct the interviews, make their choice for the most qualified consultant and send the Commissioners the name, but if they can't decide on one, give a short list to the Commissioners with the name of the recommended person, for final approval, Com. Harper seconded,

Com. Burrus, "Could you please state that again."

Com. Evans, "That the Planning Commission do the interviews, make their choice in regard to the most qualified candidate and send us that name. If in their deliberations, they can not ascertain one candidate that is superior to the rest, send us the names of those people that are tied for the position and we will make the decision."

Com. Burrus, "In that scenario then the final vote would rest with this Board, right? Now for clarification I was going to ask next, having assumed being in possession of a copy of all these RFQ's, if we felt that the single candidate recommended was not the best, is there any provisions for us to go around that or not?"

Com. Harper, "The way I understand John's motion is we don't approve it then they have to come up with another one. Is that okay?"

Com. Evans, "That is exactly what I said."

Motion carried.

Mr. Thompson, "The one candidate the Plan Commission sends forward, then I will schedule them to come in front of the Commissioners one time so that way if you have any questions you can do a final vote."

Com. Burrus, "Good, any other business from the Board?"

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

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

David L. Burrus
John A. Evans
Robert P. Harper

Attest: Sandra K. Vuko, Auditor