The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, February 17, 2004 in the Commissioners' Chambers of the Administration Center.

Those present were Com. David Burrus, Com. John Evans and Com. Bob Harper and Atty. 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 February 9, 2004, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of December 2, 2003, Com. Harper seconded, motion carried.


CEDIT PLAN DISCUSSION

Com. Burrus, "The CEDIT Plan is the Porter County plan for the distribution of the CEDIT Funds. The Commissioners have this responsibility through statute and have been dealing with the CEDIT since sometime in the fall of last year. Our initial objective was to have a plan passed by the end of calendar year 2003. There have been a number of issues and events that took place since that time, and I think that it has been fortunate that we have not acted quite as quickly as what we had intended. Among some of those events and issues has been the revision downward of the projected revenue and currently it looks as if the County could expect to receive somewhere in the neighborhood of $3,000,000.00 per year. The Commissioners have made it clear from the beginning that we were open and receptive to all input with regards to how the plan might be composed or made up. We have specifically been in contact with members of the County Council. We have had contact with other members of the community who have seen fit to offer their input. We have talked with people from the Park Board and of course we have dealt with the issues internally among ourselves. As the plan has evolved, there have been a number of the items of input that have been incorporated. Today we have the final draft, that we hope is a final draft, that reflects the majority of any recommendations that have been put forth in good faith and with good judgment and good logic. The plan as we have it today, is or will, allocate approximately 75 to 80% of the anticipated revenue per year. The state statute says that there must be a plan that would obligate or allocate at least 75%. However, if our plan provided for greater expenditures than what revenue would actually be, then we would have to pay back the difference. We have decided to hold our allocation to the 75-80% range to make sure that we don't have any overages. In addition to that, we have made some changes that have incorporated the recommendations that I have mentioned before and those changes include establishing specific economic development funding. That was something that was added during the course of our discussions over the past several months. We have also had some increases of Park allocations over this period of time and we have also indicated that we were intending to establish some funding for GIS services for the County. This is another example of the changes that have been incorporated over time. Most recently then, since our last draft, the changes that you could expect to see, would include the following:

1. We have deleted virtually all of the projects that would involve a building program. Commissioner Harper made a point at one of our earlier meetings, and it was a valid point, that until the County is comfortably out of any kind of financial crisis, that it would not make sense to take on any additional maintenance and operating expense obligations. Therefore, this plan does not have any provisions for buildings.

2. We have reduced the component to the Highway Department. This is an effort to get down to the 75-80% allocated figure. The remaining allocation to the Highway Department is going to be somewhere in the vicinity of $1,000,000.00 per year over the course of the plan. There is certainly going to be some un-allocated money in this plan now and we will reserve the right to allocate those monies as we see fit. Additionally the allocation that we had previously for the State Road149 project has been removed from the plan. That project has been on again off again and currently through the Federal Highway Funding Bill we are told that we can not expect to see any federal funding in the near term. Therefore we do not intend to put any local money into it until we have the support at the state and the federal level. So that project, as far as we know at this point in time, will be lay dormant.

3. Additionally we intend to reduce the GIS allocation by approximately $200,000.00 per year. This would have it remaining at approximately $100,000.00 and again as we get into that program, we still have un-allocated funds that could be used to supplement that level.

The plan is still scheduled to cover four years and the allocation percentages would be as follows: Calendar year 2004 we have allocated just under 76% of the funds. For the remaining 3 years we have allocated approximately 79% of the funds. From there you can see that there will be somewhere in the neighborhood of $750,000.00 per year un-allocated if the $3,000,000.00 revenue figure is correct. I think that this is a fairly concise summary of the changes that have been proposed. We do have the document on file and at this time, I would like to open it to the Board for any further discussion or comments and we will go from there."

Com. Harper, "I am in favor of the plan as it is written and I assume that we are going to put it into record and that there is a copy here so that everyone can get a copy, if they want to. I think you might mention that our Atty. also checked in case some of this money and we get extra money and so forth that we will have a little leeway in what we can do. Is that correct?"

Atty. Rinkenberger, "You can take action to amend the plan and allocate the non-allocated portions. Therefore, monies that remain unspent should accumulate in that line item year after year and if the project falls through, revert to non-allocated."

Com. Harper, "Which I think is really good."

Com. Burrus, "So the point there is that we can re-allocate and then we can also allocate those funds that are not specifically addressed in the plan. John, any comments?"

Com. Evans, "Yes, just two points. Two things that had not been discussed before is that the planning and development construction schedule for each district, $75,000.00 is now set aside for installation of sidewalks in South Haven and that the Parks allotment has been increased by $25,000.00 specifically for the purpose of spending $25,000.00 on the Wild Life Sanctuary or the property known as the Zona property."

Com. Burrus, "So the total Park allocation then would be increased to a total of $425,000.00 annually?"

Com. Evans, "$325,000.00 the first year and $425,000.00 in subsequent years."

Com. Harper, "John, I have a question. Now that Zona property, apparently there is a lot of work that has to be done out there, whose going to be in charge of doing that?"

Com. Evans, "The Parks Department in conjunction with the Wild Life Management Board."

Com. Harper, "Because you know, I had an idea about getting a hold of Pat. Lake County has been using their community service workers, it's sort of a mass of projects over there, but you have to have somebody from one of the departments over there to manage it and I have been thinking about that."

Com. Evans, "That's good idea, but Ed's here and what Ed has got lined up is the Boy Scouts to do that kind of work and certainly we can keep that as a reserve, if they don't work out. This will give them a way to earn badges and become more involved in the community."

Com. Harper, "Good."

Com. Burrus, "Any more comments or questions for the Board? At this time I'd like to entertain a motion to approve the plan as written."

Com. Evans moved to approve the ordinance which creates the plan that will be attached to it,

Com. Burrus, "That's fine."

Com. Harper seconded, motion carried.

Com. Burrus, "Now we need a motion to approve the ordinance that would implement the plan."

Com. Evans moved to approve the ordinance to implement the plan, Com. Harper seconded, motion carried.

Com. Burrus, "I would like to point out that from our Board, this constitutes a unanimous approval and also for the members of the press and the public, there will be copies of the plan available up here at the desk following the meeting."

AMENDMENT TO PORTER COUNTY GOVERNMENT EMPLOYEE PERSONNEL POLICY MANUAL--LOSS CONTROL POLICY

Com. Burrus, "Bob, would you like to take the lead on this?"

Com. Harper, "Yes, I move that we amend the Porter County Employee Personnel Policy Manual with a policy titled, Employee Health-Safety-and Security.

AMENDMENT TO PORTER COUNTY GOVERNMENT EMPLOYEE
PERSONNEL POLICY MANUAL
EFFECTIVE MARCH 1, 2004


Section 12.0Employee health, safety and security

Section 12.0 Employee Health, Safety and Security policies of the Porter County Government Personnel Policy Handbook is amended through the addition of Section 12.06-Loss Control Policy.

Section 12.06 Loss Control Policy.

The Porter County Board of Commissioners take great pride in establishing an organization of dedicated individuals working together to provide the finest services possible to Porter County residents in an efficient and safe manner.

It is our belief that injuries and property damage resulting from accidents are preventable through the proper management of our human and physical resources. To this end, all levels of management are charged with the responsibility of providing adequate resources and enthusiastic leadership to eliminate accidents which cause injury and property damage.
All employees are encouraged to follow safe work methods and practices and to have a concern for the safety of their fellow workers and for the residents of Porter County.

To this end, the Porter County Board of Commissioners will establish a Loss Control Program that will help eliminate accidents and injuries to both county employees and county residents in our county.

Loss control is a manageable function that contributes to efficient operations through reduction of accidental loss. Loss reduction (safety) is achieved by setting goals, planning, organizing, directing and controlling. To assist in this effort, the Porter County Board of Commissioners will establish a Safety Committee whose function will be to create and maintain interest in safety and health and thereby help reduce accidents. The Safety Committee will be expected to assist in the implementation, revision, and maintenance of our Loss Control Program.

Implementation of loss control activities will include, but not be limited to:

A)Accident investigation;
B)Safety education;
C)Promotional programming; and
D)Self inspection.

The Porter County Board of Commissioners, through passage of this policy, intend to make Porter County a safer environment in which to live and work.

PORTER COUNTY BOARD OF COMMISSIONERS
David L. Burrus
John A. Evans
Robert P. Harper

Com. Harper moved to pass the Amendment to the Porter County Employee Personnel Policy Manual, Com. Evans seconded the motion.

Com. Burrus, "Just a comment that I would like to make, prior to the vote, and that is that obviously we are concerned about the safety of our employees and the safety of the public and at the same time, safety cost a great deal of money. Porter County is looking forward to the implementation of this effort to also help in the reduction of our insurance cost."

Com. Harper, "You know, our attorney got several drafts and our insurance companies have provided us with material and we are going to be working on this in trying to come up with guidelines for this. Other counties that have done this have been able, by investigating accidents by third parties whether it be traffic signs down or so forth, investigating immediately, have been able to lower their insurance costs and keep the costs under control by…. this is an area that I have worked in the mills and I am sure that a lot of people have here in this area, where any big organization has safety committees to review accidents to try and prevent future accidents. As we become a bigger county our insurance costs are going to go up and up as we have a bigger and bigger work force and everybody, I think, is going to be working on this to try an solve some of these problems. That's all that I had to say and I am in favor of it."

Com. Burrus, "Very good, anymore comments John?"

Com. Evans, "No."

Motion carried.

APPOINTMENT OF INITIAL MEMBERS FOR DAMON RUN CONSERVANCY DISTRICT
Atty. David Hollenbeck
Jack Kovach

Atty. Hollenbeck, "Good morning, Commissioners. As you have heard me indicate to you on prior occasions, this is the one of the more obscure of your statutorily created functions, although one of the more pleasant ones, I hope. You are responsible for making the initial appointment to a Board of Directors of the new Conservancy District and that is why we are here this morning. I will remind you that a subsequent membership on the Board of Directors of a conservancy district happens as a result of election held by the free holders within district. The Damon Run Conservancy District was formed by order of the Porter Circuit Court in conjunction with the development of the Damon Run subdivision. The model that is being used here is very similar to the successful efforts that were made at Aberdeen to have a governs process for their utilities that was governmental in nature. With me this morning, is Jack Kovach, who is the principal developer of property and right at this point, is the sole land owner, so as by January 29th we are proposing, as the only free holder, Jack, be appointed to the Board of Directors. The way that this has worked successfully in the past, is the Board of Directors of the Conservancy District can be any number as long as it is an odd number between 3 and 9 and what we have done at Aberdeen is as the subdivision is built out we have expanded the size of that board so that people that live out there, become members of the Board of Directors and that would be our intension here as well, although the initial board is but 3 people. In addition to Jack, we are proposing that Fern Mattey and Warren Pansiano be appointed as well. These are people that are associated with the Jack as part of the development process, and again as the development builds out we will be going back to the Circuit Court asking for expansion in the number of members on the Board of Directors and will then be getting appointments as that expands. I will answer any questions that you may have. This is a drill that we have been through before and we would encourage you to accept our recommendation so that we can get about the process of bringing water and sewer and storm water drainage issues…."

Com. Burrus, "Are those your three primary objectives?"

Atty. Hollenbeck, "Right, although we are going to get into some recreational things if we have any park land that we end up with. This does take a burden off the Drainage Board because the Conservancy District is responsible for the structure for storm water drainage with in the subdivision."

Com. Burrus, "John, any questions?"

Com. Evans, "Just as a matter if clarification, the boundaries of the Conservancy District will be?"

Atty. Hollenbeck, "It is about 100 and ,how many acres?"

Mr. Kovach, "My particular project is 75 acres. That is, I believe, Mr. Mattey who is also intending to participate, is another 75 acres."

Atty. Hollenbeck, "So about 150 acres all together. The current proposed development is on the south eastern corner of Meridian and 900 North."

Com. Burrus, "With no further discussion, I will entertain a motion."

Com. Evans moved to approve the appointment of Jack Kovach to the Damon Run Conservancy District, Com. Harper seconded, motion carried.

Atty. Hollenbeck, "Thank you very much."

Com. Burrus, "David, if you could just remain with us for a moment, our next item is something that I want to talk to you about. I am jumping sequence by one number here, but we have an issue on our agenda regarding the Convention, Recreation, Visitor Commission appointment and we have a recommendation from the Town of Chesterton to apparently fill the vacancy created when Mr. Childress was elected to the …."

Atty. Hollenbeck, "Paul Childress was elected to the Town Board of Porter and that is why he is leaving the Visitors Commission."
Com. Evans, "Is that not the Tri-town appointment?

Atty. Hollenbeck, "The way your enabling ordinance works on the appointments is that Porter, Burns Harbor and Chesterton are supposed to get together and make a recommendation and ultimately be sanctioned in your enabling ordinance."

Com. Evans, "We have only received one recommendation."

Com. Burrus, "We are just curious to know if this represents that consensus, it's a letter from Chesterton…"

Atty. Hollenbeck, "No, I can't speak for the other two, although my recollection is that that is the consensus, but don't act on that, let me find out for you."

Com. Burrus, "I was going to say that we should probably put this on hold until we find out for sure."

Atty. Hollenbeck, "I will get a clarification."

Com. Burrus, "Okay, that was all that we needed."

Atty. Hollenbeck, "Thank you."

ORDINANCE ESTABLISHING A COUNTY CORRECTIONS FUND FOR LEVEL 3 FUNDING-1st Reading
David Lain, Chief Deputy, Porter County Sheriff's Department

Com. Burrus, "This is in the Sheriff's Department and this is an annual event and David, if you could help us with the description of what this is."

Chief Lain, "Yes, well this is a fund established by state statute. It's known state wide as the County Corrections Fund. It establishes payment although I don't have a rate, but it works out to be about roughly $93-- $95,000.00 annually for counties to house misdemeanants rather than putting them into the DOC system. The funds then are used by counties to provide for other issues that come up relating to the jail. I can give you some examples, if you want me to go into detail."

Com. Burrus, "Well at this point that could be the opening remarks. Commissioners, any comments, questions, Bob?"

Com. Harper, "Yes, I have a few questions. What is it based on, the amount of money that we get? How do they decide how much money we get?"

Chief Lain, "I am not exactly sure of the whole analogy, or establishment of what that is. It relates to a head count, but just exactly what establishes the rate, I am afraid that I don't know."

Com. Harper, "I am just thinking misdemeanors, that obviously must be people that are sentenced before we get credit for it. Correct? Not people that you are holding for trial. We obviously get different money in different years, I assume."

Chief Lain, "It has been pretty consistent and of course this was established long before I came into the system. But, consistently, since I have been here, it has varied between, I think one year it was $92,000.00; this next year or this calendar year it will be, $95,600.00."

Com. Harper, "Who keeps track of what we are entitled to get credit for? I assume that we have to file a report with the state about days in jail, is that correct or not?"

Chief Lain, "Yes, that is done through the jail administration here."

Com. Harper, "Is the money then budgeted, do we have a budget for this fund for where that money goes?"

Chief Lain, "I believe, and I didn't do my homework on that aspect, I believe that we sat down in August with the Auditor's office…."

Com. Harper, "You know what, let me just tell you this, we're going to pass the ordinance but I would like to know this information. I would think that what happens so many times when you come, I would like to know where the money is going and I am for the ordinance and I would like to know how we get credit for it, how that is kept track of; I think that those are elementary questions, okay? So maybe you can bring that, too. I know that this time I am in favor of the ordinance and passing it but maybe the next meeting, you could get this information so that we would have an understanding of just what is going on with this fund. I would just like to know that."

Chief Lain, "That is no problem. To answer the last question, we sat down with the Auditor and did some budget items relating to food expenses, some to bedding, basically the care, feeding and health issues was budgeted as medical so if that satisfactorily answers that for you."

Com. Harper, "Well I would just like to see, what we are getting in, how we are entitled to it, how we keep track of it, what they have to pay us for."

Com. Burrus, "If we could see a record of how it was received and dispersed in 2003."

Com. Evans, "And also if it is co-mingled with any other grants or funds."

Chief Lain, "It is separate."

Com. Burrus, "OK, any further discussion, questions?"

Com. Evans moved to approve the ordinance to Establish a County Corrections Fund for Level 3 Funding on first reading, Com. Harper seconded, motion carried.


APPROVAL OF COURSE FOR "TALTREE TEN RACE" ON APRIL 24, 2004
Christine Schneidt and Todd Henderlong, Opportunity Enterprises

Com. Burrus, "The next item on our agenda has to do with a request by the Opportunity Enterprises. Would you come forward, please? This request has to do with the approval of a routing or a course for a road race/foot race, is that right? Ok, introduce yourself for the record please."

Todd Henderlong, "I am Todd Henderlong, Director of Development of Opportunity Enterprises."

Christine Schniedt, "Christine Schneidt, Development Specialist."

Mr. Henderlong, "We came to the Commissioners last year with the same request. We are hosting our second annual Taltree Ten Road Race. It is a 10 mile foot race, starting in the Aberdeen community, running through that, out to CR 100 North to the Taltree Arboretum, we circle through the arboretum and come back, 100, 250, Tower Road and finish in Aberdeen. Last year we ran the race with great success, probably the most telling success that we had is that we had no complaints from the neighborhood. That was our primary concern last year to not disrupt the Aberdeen community as a whole. Last year's event was put on with very short notice and we decided in January this year, we have had a year to plan, we had no major glitches last year and the few things that we did come up with we have ironed out for making our lives easier. We are asking for your approval to use the county roads for this event. We have contacted the Sheriff's office and are getting full cooperation that they will help us."

Com. Burrus, "That was my question before Dave Lain left. You folks are aware of the request for the race?"

Chief Lain, "We will assist in any way necessary, it's another example of how county roads are being utilized for beneficial purposes."

Com. Evans, "Your assistance requires that you run the race too, Dave, is that…."

Chief Lain, "I will run to the starting line and cross the starting line."

Com. Evans, "Okay."

Com. Harper, "Gwenn, are these all county roads, I was just wondering."

Com. Evans, "All except for Aberdeen."

Com. Harper, "I will dispute, we don't want to pass a motion on …. "

Atty. Rinkenberger, "Well, I don't know. We would have to check. The roads in Aberdeen are private."

Mr. Henderlong, "We have worked with the Aberdeen property owners association and management group out there to make them aware and to seek their approval as well."

Com. Harper, "I think that we should limit the motion to those roads that are county roads since there might be a little dispute going there."

Com. Burrus, "Any further discussion or questions? Entertain a motion."

Com. Harper moved to grant permission for use of the county roads that they have the authority to grant permission for, Com. Evans seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS
Linda Trinkler, Porter County Recorder
Jackie Sterling, former Porter County Recorder

Com. Burrus, "Linda and Jackie have a request to present. Good Morning, we have traded correspondence quite a bit but we thought it would be appropriate to discuss this in our meeting here so if you would care to make your request known, we will go from there."

Ms. Trinkler, "My request was on January 26th I sent a letter to each and every one of you requesting Jackie is now my Chief Deputy and I want the 25 days vacation time granted to her and I am asking your permission to grant this to her. And then I got your answer and I wanted sick time, too, which I didn't realize any of the other, this is all clarified and this is okay with me but we would like to have the 25 days. Jackie has been with the County 33 years and she has been a dedicated and loyal person. I feel she should get this."

Com. Burrus, "I think that it should be pointed out that we do have provisions in our Personnel Policy Manual to recognize prior experience, prior service as individuals come to the County. The Commissioners do have the authority to act on a recommendation from yourself, as the department head, and we will do that here shortly. The other question, just for clarification, though had to do with sick days and there is no policy on that, other than our Sick Bank."

Ms. Trinkler, "Correct"

Com. Burrus, "So, that would be the only vehicle that we would have to transfer any sick days. So, your request then was for how many days?"

Ms. Trinkler, "25 days"

Com. Burrus, "Okay, and then currently under Jackie's situation, having just come off the elected official role into the employee role, you would normally have to wait one year to accumulate 10 days I believe."

Mr. Trinkler, "Yes, and I would like to have it start immediately."

Com. Burrus, "Any discussion on the issue, John or Bob or either one."

Com. Evan, "I did, because this comes up so rarely, we are privileged to have it come up, I mean that Jackie wants to come back and work after putting in so many years of service. The only other two times that this has occurred in county government, Linda Walker was the Recorder and came to work first for the Highway and then back to our department and when we hired Dave Schiebles through the city of Valpo, given his tenure in the …… situation. In both those instances, the time for the vacation was granted at 20 days. I don't know if that is with in keeping with a policy, if we need to look at it that way. There is also the consideration that she would have 9 sick days, as does any employee given the beginning of the employment at that time."

Ms. Trinkler, "And three Personal Days."

Com. Evans, "Right, so those would all be attached. The thing that we have to of course be cognizant of is that whatever we do, we are setting policy, so if we stray from policy that has already been established, now we have to defend that for everyone that would want to come, so I'll just throw that out there for discussion. At least there is some history here that allows us to do this."

Com. Burrus, "Bob, anything?"

Com. Harper, "No."

Com. Burrus, "My ideas or thoughts on this would be generally the same as John's. This is a rare event and we certainly recognize the service and not only that, but the experience that comes with it, but with the precedent that we have in front of us, we need to take advantage of or at least recognition of, so I would suggest that we think about granting effectively 1 January, a 20 day vacation program."

Com. Evans, "Fine"

Com. Burrus, "Any further discussion on that? It meets our requirements and it's a little bit shy, but I think we can defend this."

Ms. Trinkler, "With giving 20 days rather than the 25?"

Com. Burrus, "Yes, 20 days rather than the 25 and it would be effective, as you requested, the 1st of January, in other words, it would go into effect for this year."

Ms. Trinkler, "Okay. I really think that 25 would be more fair though."

Com. Burrus, "We don't dispute the fairness of it, it's just what we feel like what we can defend in this building and be able to minimize the repercussions that we know always seem to come up on special situations. John, do you have any further thoughts or comments?"

Com. Evans, "That's exactly it, whenever we do something for one person, then we hear from every other department and office."

Ms. Trinkler, "I thought that the handbook had something in it that said 20 years of service, 25 days of vacation and that was with 20 years and that is where I came up with 25 days of vacation is because of the 20 years + when you have 33, and perhaps it would have even been fair for Linda Walker because Linda had several years also but according to the hand book is how I was going with the 25 days.. The reason that I came up with the 25 days."

Com. Evans, "Of course the handbook doesn't apply to elected officials."

Ms. Trinkler, "But they are still being paid by the County and you are still, I hate to think I am still not a member. I have been here for 20 years."

Com. Evans, "And a good graphic explanation is that you forfeited all your sick days when you became an elected official."

Ms. Trinkler, "Yes, I did and fortunately I was never sick so I did have several."

Com. Evans, "Yes, and you can only give 11 to the Sick Bank, so you lost all those and it doesn't carry over. That's a graphic explanation to why an office holder doesn't get to be included in the Policy Manual, I guess."

Ms. Trinkler, "How do you define being a county employee. You are being paid by the county tax payers but you are not a county employee?"

Com. Evans, "Well, not if you are an elected official."

Ms. Trinkler, "But you are being paid by the taxpayers.

Com. Evans, "But you are not an employee, you are an elected government
official."

Ms. Trinkler, "Would there be any consideration changing things if we ever come across this again. That if we have someone that has been as dedicated as Jackie has always been. As an elected official and prior to that as an employee with the county, that we can put it that way for 20 years plus and to at least get 25 days. Would there be anybody to do this?"

Com. Evans, "We would have to rewrite the policy."

Atty. Rinkenberger, "Well, I think that it is written right now and it's up to you guys' discretion based upon the years of service to give as much as you deem appropriate with the guide lines already set forth. If you do it on a case by case basis, based upon the history of the employees coming before you so there is no reason to rewrite the manual unless for some reason you would want to give people who have 20 years of service more than 25 days of vacation, for general employees, you would rewrite the vacation time that employees get. We can't rewrite how state law addresses an elected official. Elected officials are defined by state law as they are not entitled to vacation or sick days. They come and go as they want and they answer to the taxpayer and the voter. However, the employees are treated differently and your policy leaves it open for you to give her 10 days, 15 days, 20 days, 25 days; but you couldn't give her more than 25 days because no employee in county government is ever entitled to more than 25 days."

Com. Burrus, "Any thoughts, Bob?"

Com. Harper, "No, I understand that you feel like county employees, but as our attorney says, when you are elected you don't have to push a time clock, and I know that Jackie has spent more hours than any employee in her office but you don't have to and that is what differentiates."

Atty. Rinkenberger, "She has 33 years of service. If she had been an employee instead of an elected official during that time frame she would be entitled to 25 days. She would have been entitled to 25 days as soon as she had 20 years had she been an employee not an elected official with 33. So the question for the Board becomes, what is the purpose of this policy if we can encourage people with experience and dedication to come and stay with county government or to transfer out side to the private practice and come here and get the type of benefits that their experience would normally provide that they should have. That's a benefit."

Com. Evans, "Well, the other problem, and I think that we can take this all into one, if she was a new hire, which technically, according to payroll, she is a new hire, she would not be entitled to any vacation this year, not until she had worked for one year, so, why don't we give her 20 days this year and 25 days starting after this year?"

Ms. Trinkler, "That is acceptable. Then next year in 2005 she will get 25 days, that will be acceptable."

Com. Burrus, "Can you put that in the form of a motion, John?"

Com. Evans moved that beginning January 1, 2004, Jackie Sterling receive 20 days of vacation, beginning January 1, 2005 her vacation days be 25, Com. Harper seconded, motion carried.

Ms. Trinkler, "Thank you."

Per Diem Rates for Juvenile Detention Center
Ken Perkins, Director

Mr. Perkins, "Actually, we have already se the per diem rates this is just a matter of getting the contracts with Marshall and Jasper Counties signed. Both counties have increased the number of days in their contract for this year at the new higher per diem rate."

Com. Burrus, "We have on file here copies of contracts for Juvenile Detention Center to house inmates from both Jasper and Marshall County and those have been agreed upon between your office and those counties. Both Jasper and Marshall County have signed their agreements?"

Mr. Perkins, "Correct."

Com. Burrus, "Is there any questions or discussion?"

Com. Evans, "The per diem dollar amount?"

Mr. Perkins, "For contracting counties it is $110.00 per day and that was raised last year. It went into effect January 1."

Com. Evans moved to accept the contracts for Jasper and Marshall Counties for the year 2004 at the new per diem rates, Com. Harper seconded, motion carried.

Com. Burrus, "We also have a contract renewal we need to discuss. This contract will be for the services that Lonnie Steele provides as the contracting administrator, or manager for our Expo Center. Lonnie's contract is an annual contract and the compensation figure for this past year was $37,779.00 and he is requesting that his contract be renewed at the same figure. From my point of view, Lonnie has done an excellent job out there with the expansion and the activities at the Expo Center has been largely through his efforts and his successes are measured in the fact that the Expo Center is at the break even point with respect to incoming expenses. I would recommend the renewal of this contract."

Com. Evans, "I agree and second."

Com. Burrus moved to approve the contract of Lonnie Steel for Expo Center Director with a salary of $37,779.00 for 2004, Com. Evans seconded, motion carried.




COMMISSIONERS' REPORT

Center District: Com. Harper

Com. Harper, "We received a request for signs that restrict the use of "engine brakes" or "Jake Brakes" on SR 49. The County does not have a noise ordinance that deals with this issue. INDOT will not place these signs but will allow Porter County to place the signs. We've never done "No engine brakes" signs as far as I know. The city of Valparaiso may want to post these signs since the request came from a citizen that lives within the city limits."

Com. Burrus, "This is Dave Schelling's recommendation to a request and his feeling is that the City of Valparaiso would be the appropriate entity to issue and install these signs. That is his recommendation to you."

Com. Harper, "Let's put that off for awhile, I want to think about that because I got a couple calls on that. Could we put that over until next meeting and I will talk about the next item. That is the letter our attorney sent out with Dave Schelling to the Canadian National Railroad on that crossing on Highway 2. As a result of that, apparently they came in and did some patchwork. It doesn't sound like they did a lot, but at least they did something. The acknowledge more work has to be done and there is some tentative plan to do more work. They talked about us sharing the cost and the reason we sent this letter out based on Indiana statute about if they don't fix it, us going in and doing the work and charging them for the entire work. We have no responsibility for paying any of the costs, but I do think we should encourage the Highway Department to keep continuing to negotiate to get something done. I didn't realize they had done some work. I will try to go out there today and see what type of a difference it made, although it is temporary work."

Com. Harper moved to instruct David Schelling to inform the state, keep negotiating with them, and try to get the crossing done, Com. Evans seconded,

Com. Evans, "I think the patching is going to be subject to a lot of the other things that are going to happen to the county roads when the Frost Law goes into effect, maybe Thursday of this week or sooner depending on the weather."

Com. Burrus, "So, on this issue with respect to the County's position on any financing of that railroad crossing, the motion is to . . . "

Com. Harper, "We are not going to do it, they are going to have to pay for it. We may do the work."

Com. Burrus, "I think that is understood and we will certainly take a vote."

Motion carried.

RENEW AGREEMENT WITH HUMAN RESOURCES CONSULTANT, RAY TEMPLE

Com. Burrus, "This is a proposal to renew an agreement with our personnel consultant, Mr. Ray Temple of the Temple Group. There is some history on this. Ray has been involved with the County for a number of years and at one time he was assisting both the Commissioners and the Council. About two years ago, the Council decided they were going to not renew his contract for their work. We felt it was necessary at that time to keep him on for some of the issues that were coming up with involving financial issues and personnel circumstances that came out of that. The question we have right now is do we want to renew it for another year. His fee is $750.00 per month for a total of $7,500.00 per year. He is the individual that has been consulting with us with respect to personnel issues. Gwenn, can you tell me, did he also help set up our Personnel structuring system?"

Atty. Rinkenberger, "He was retained initially by the Council to set up the factoring system and to rewrite job descriptions and try to get a way to implement pay increases over the board. After all the job descriptions were prepared and we ran out of money, there was not going to be any more pay increases, then the Council dropped that portion of the contract. Where he comes in and is helpful is, for employees who have employment issues, workman's comp issues, complaints against their supervisors, or whatever, the Human Resource aspect he provides that my office can't because really, I represent the County and not the employees. So, he does have a role to play and you may want to consider reshaping how he handles that role. I think it is important for the employees to have somebody that they can voice concerns and complaints to. That is really the role he is playing now."

Com. Harper, "Is he used? Do they use him?"

Atty. Rinkenberger, "Yes, he comes once a month for the employees to speak to him."

Com. Burrus, "And he is on call."

Atty. Rinkenberger, "He is on call. The auditor's office calls a lot of times when there is questions about workman's comp issues, or ADA issues, employee rights issues. He gave some input on the Safety Program and he gives input on how we should change or modify our employee handbook at times on a consultant basis."

Com. Evans, "Since we are lacking a Human Resources Department, he seems to be a pretty valuable asset at times."

Com. Burrus, "That is where we struggle, he is valuable when he is needed and other times it might be considered an excess. We need to determine . . . "

Com. Evans, "His fee of $750.00 per month, that would be $9,000.00."

Com. Burrus, "I think there is a ceiling of $9,500.00"

Com. Harper, "I don't see that, I don't see a ceiling."

Com. Evans, "When we paid him and the Council paid him, he received $12,000.00 from us and $12,000.00 from the Council. The Council withdrew their support and then he lowered out fee by $3,000.00 and he became strictly part time and they have gone through all the departments and done all their refactoring. He has tried to be cooperative in working with us in that regard. I think that the times that we do need him, we really need him. Not so much us, but the employees that turn to him for guidance."

Com. Evans moved to renew Ray Temple's 2004 contract for consulting of human resources issues with a maximum of $9,000.00, Com. Harper seconded, motion carried.

CORRESPONDENCE

Court Security monthly report for January 2004 is on file.
Treasurer's monthly report for January 2004 is on file.
Emergency Management annual report for 2003 is on file.
Advisory Council for EMA monthly report for January 2004 is on file.

Approval of service agreement for JDC automation system for $525.00 per month

Com. Burrus, "We have just recently executed the contract for renewal with Lonnie Steel. We also have a request to approve a service agreement for renewal for the JDC security automation system in the amount of $525.00 per month. I wish we would have caught Ken Perkins before he left. That should be in your binder."

Com. Evans, "They do have specialized locks that have to be . . . "

Com. Burrus, "We talked to the Stanley Company which is a lock company. Did you have a chance to look at the agreement at all, Gwenn?"

Atty. Rinkenberger, "No. But I know we go through this annually. This is the same vendor and it is a renewal."

Com. Burrus, "Is there any discussion? Would you like to have more information; we could table it until next meeting."

Atty. Rinkenberger, "We like to assume that whoever provided us with a contract has read its terms and that the hourly rate and the overtime rate is what they think it is, but I don't know if that is always the case."

Com. Burrus, "Frankly, I would rather not take any action on it if we are not comfortable with it."

Atty. Rinkenberger, "We can ask Ken Perkins to come here and explain it more clearly."

Com. Burrus, "Okay, we will table it until next meeting and we will have Ken here to present it."

Approval of Public Official Bond for Surveyor

Com. Evans moved to approve the Public Official Bond for the Surveyor, Kevin Breitzke, in the amount of $8,500.00, Com. Harper seconded, motion carried.

Approval of Public Official Bond for Court Reporter in the Superior Court

Com. Evans, "How come that isn't in the budget for the court she works in? Do we take care of these for all court reporters?"

Com. Burrus, "We approve them all."

Atty. Rinkenberger, "Just because we approve the bonds doesn't mean we necessarily pay for it."

Com. Evans, "I think the court who gets the benefit of the court reporter ought to pay for it. I will make a motion to approve it but I think that is something the committee needs to look at."

Com. Evans moved to approve the Public Official Bond for Linda Diaz, Court Reporter, in the amount of $8,500.00, Com. Harper seconded, motion carried.

Approval of annual Operational Report for Porter County Highway

Com. Burrus, "This report goes to the State Board of Accounts, there should be a copy in our binders for your review."

Com. Evans, "It is a very lengthy report and as you say, is done as a matter of status from the Highway every year to INDOT."

Com. Evans moved to approve the annual Operational Report for Porter County Highway, Com. Harper seconded, motion carried.

Com. Harper moved to recess for a ten minute break before the Plan Commission session, Com. Evans seconded, motion carried.





(THE MEETING WAS CALLED BACK TO ORDER AT 11:10 A.M.)

PLAN COMMISSION SESSION
Robert Thompson, Plan Commission Director

Aberdeen, Amend PUD back to R1

Mr. Thompson, "This is Plan Commission Resolution 04-3, Petitioner, the Autumn Group, LLC, requesting an amendment from PUD to R1, single family residential. They are essentially requesting the PUD ordinance be repealed in the section regarding the original zoning of R1 be reverted back. This was heard in front of the Plan Commission at their December 17th meeting with a favorable recommendation of 8-0."

Com. Burrus, "Todd, do you have any comments on this?"

Todd Leeth, "Good morning. My name is Todd Leeth, I am here on behalf of the petitioner, The Autumn Group. Just kind of to educate the members of the Commission, I have some boards that will help describe the property in question. It is about a 2.9 acre parcel highlighted in yellow on both the boards. From the overall Aberdeen development, Division Road is the southern boundary and the parcel in question is highlighted in this area. Just to the west of that is a 21 acre parcel shown on the survey on the right. The Autumn Group, the petitioner, has intentions to take the 2.9 acre parcel and combine it with the 21 acre parcel and develop it as residential subdivision. Today, this yellow piece, the piece in question of this petition, is part of Phase F of Aberdeen and is called out as Lot SA1. Actually it is only a part of that lot and is intended under the Aberdeen master plan to be a series of storage buildings. Down here is a copy of the Aberdeen site development plan that shows six storage buildings on that nearly 3 acre parcel. Our petition is to remove this 3 acre piece from the Aberdeen PUD, allow it to revert to its original zoning of R1 so that we can develop it in conjunction with the 21 acre parcel, which of course would be another petition back to the Plan Commission. I would be happy to answer any questions you may have."

Com. Burrus, "I assume we have nobody here speaking in opposition to this, is that correct? If that is the case, we will close the hearing and discuss it here among the Board members. John, or Bob?"

Com. Harper, "It got a pretty thorough going over at the Plan Commission. Basically it is just what he said, everything was discussed pretty thoroughly. There was an area that they planned for storage buildings and then they wanted to revert it to R1 in light of the other section. I think Mr. Thompson was questioned pretty much concerning roads and everything else and everyone approved of it. I don't have any questions."

Com. Evans, "This came to us 8-0 for approval and it is going back to R1, is it going to be incorporated into a PUD of its own down the road?"

Atty. Leeth, "I don't believe it will be PUD, I think it will be a simple subdivision under the subdivision control. It will remain R1."

Com. Evans moved to approve the amendment of the Aberdeen PUD back to R1 zoning, Com. Harper seconded, motion carried.

Rezone R1 to C3, George Sigler, owner, 1st reading

Mr. Thompson, "The next case is Plan Commission Resolution No. 04-02, George Sigler requesting an amendment from R1 Single Family Residential to C3 Shopping Center District. This was heard before the Plan Commission, the original meeting of December 10th, and then the Plan Commission heard it again at the January 14th meeting and forwarded it the County Commissioners with a favorable recommendation of 8-0 vote."

Com. Burrus, "Anyone here speaking on behalf of the development?"

Glenn Tabor, "My name is Glenn Tabor and I won't say a word only because you have the client staff report and I will answer any questions that you have with regard to this matter before you."

Com. Burrus, "Anyone here to speak in opposition? Hearing none, the hearing is closed."

Com. Harper, "Because this came up before the Plan Commission the other night, there were a couple things that happened that where people wanted to make guarantees, such as the guarantee to pay the fire department, so somehow, we have to include this in our motion, do we not? I mean, if we are going to do this . . . "

Atty. Rinkenberger, "Why, is there some representations?"

Com. Harper, "Well, here there is some representations in writing regarding restricting the uses for this if you look at this. I guess my question is not so much on that, but in general, when we are faced with these, I think where the question comes up, is the problem to the fire department."

Atty. Rinkenberger, "In my opinion, the Plan Commission should not be approving third party agreements if they can't enforce it to petition to rezone the property. If they do, I would advise this Board not to even if the Plan Commission does it."

Com. Harper, "But in this case we can do it, right? Because we have written agreements. We should make it part of our motion is my point. It should be an actual part of the motion."

Atty. Rinkenberger, "Right, you would want to approve the ordinance and the written commitments and they should be attached and reported together as an exhibit to the ordinance. They go with the land."

Com. Harper, "Somebody, they kept amending, . . anyway, I think we need to get a good procedure down here and to make sure these problems as they float around become part of the record and part of the ordinance and so forth."

Mr. Thompson, "Somebody started to throw a dollar figure around about a contribution and that is when I remembered Lilly stopped and said you can't do this. I remember that and it has been done in the past. I tried to stop the Plan Commission from doing it just for exactly what the county attorney wanted, it is just so difficult and I get phone calls on it all the time. It is too difficult to be able for the Plan Commission staff to be able to enforce such a grievance that the Plan Commission makes."

Com. Harper, "In this particular case, I would like to make a motion that this be passed but I was asking our attorney for some clarification and what should be in that motion."

Atty. Rinkenberger, "I would say a motion to approve the ordinance and the written commitments but before we ever make a motion to approve the written commitments, we want to make sure they don't have a third party agreement in there that we are unable to enforce."

Com. Evans, "I don't know how the Plan Commission can approve written commitments, they have no enforcement power at all."

Com. Harper, "I understand that but I have had people stand up even here and say they are going to do this and that and they're really not enforceable. That is what I am asking the attorney, if you make it part of your motion and be very specific on what you are moving to approve. I am not sure because I am not a planning . . ."

Com. Evans, "This was specifically, I can see that this would be enforceable because it is saying you are not going to allow some C3 that would be allowed in C2 and that is strictly within their perimeter to do. To say I am going to give somebody else $20,000 and you are going to make that part of your commitment that is silly."

Com. Harper moved to allow the rezoning and that the written commitments have been made through meetings with the Plan Commission Director, that the rezoning be based on the written commitments, being followed and made a part of the ordinance and marked as Exhibit A, Com. Evans seconded,

Com. Harper, "Is that sufficient?"

Atty. Rinkenberger, "That is sufficient."

Motion carried.

Rezone---Amend PUD ordinance, Komark Ltd., 2nd reading

Mr. Thompson, "This is Plan Commission Resolution No. 04-01, Komark, Ltd. requesting tow amend their PUD ordinance that they have."

Com. Harper, "Who is this for?"

Mr. Thompson, "This is for Komark, Ltd., Ravinia Subdivision on State Road 149 south of US 6, on the east side of 149."

Com. Burrus, "They were making this somewhat less conventional. Do they want . . . "

Mr. Thompson, "They were eliminating a couple lots and they were really burning black closer than what the existing code is."

Com. Harper, "Again, this was gone over and I would move for acceptance."

Com. Harper moved to approve the rezoning,

Com. Burrus, "This is second reading so we need to only approve our previous vote."

Com. Evans seconded, motion carried.

Com. Burrus, "This concludes the Plan Commission portion. Is there any other business? Any further business for this Board?"

Com. Harper moved to recess,

Atty. Rinkenberger, "What form did we approve the written commitments, where are those written commitments?"

Com. Evans, "The blue highlighted area . . "

Atty. Rinkenberger, "No, written commitments looks just like an ordinance. It says written commitments and it has a signature place for the Commissioners."

Mr. Thompson, "Mr. Tabor just gave them to me today."

Atty. Rinkenberger, "But we don't have them."

Mr. Thompson, "I just got them a few minutes before. I was going to go through them. What I did before was, I gave them a copy of other written commitments similar to this to use, it is just dealing with uses."

Atty. Rinkenberger, "So we will see those written commitments for final approval at our next meeting because right now we approved written commitments and we don't know what they say."

Mr. Thompson, "I will get you a copy. The ordinance also has language in it that states that we are recording this ordinance with written commitments."

Atty. Rinkenberger, "But it doesn't matter, the procedure is if we approve written commitments, we need them."

Com. Burrus, "That is true, and that is what the second reading provides for."

Atty. Rinkenberger, "And I also think it would be nice to have it on first reading because by the time you have second reading, you are assuming they have met first reading approval. That is all. I just wondered where they are."

Com. Evans seconded, motion carried.

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor