REGULAR MEETING
TUESDAY, MARCH 16, 2004
10:00 A.M.

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, March 16, 2004 in the Commissioners’ Chambers of the Administration Center.

Those present were: Commissioners John Evans and Bob Harper and County Attorney Gwenn Rinkenberger.

Vice-President John Evans called the meeting to order (due to the absence of Com. Burrus) with the Pledge of Allegiance.

APPROVAL OF PAYROLL

Com. Harper moved to approve the payroll of March 8, 2004, Com. Evans seconded, motion carried.


APPROVAL OF MINUTES

Com. Harper moved to approve the minutes for January 6, 2004, Com. Evans seconded, motion carried.


ORDINANCE TO ESTABLISH A FUND FOR DEPOSIT OF $215,610.25—2ND READING

Com. Evans, “This is the second reading for an ordinance to establish a fund for the deposit of $215,610.25 to be used by the County Council for longevity pay. That will be Ordinance No. 04-09.”

Com. Harper, “I thought in our ordinance it just provides to do anything they want to, is that right?”

Atty. Rinkenberger, “Right. There is no designated use for this money.”

Com. Harper, “Okay, I will move to approve Ordinance No. 04-09, which provides and establishes the fund for the deposit of $215,610.25 at the request of the Porter County Council for utilization of this money for any purpose provided by the majority vote of the Porter County Council.”

ORDINANCE NO. 04-09
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE ESTABLISHING A FUND FOR DEPOSIT OF $215,610.25
_____
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Code; and
WHEREAS, I.C. 36-1-3-2 grants the Porter County Board of Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that when there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Porter County Board of Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of $215,610.25 to be appropriated by the Porter County Council as they deem fit; and
WHEREAS, the Indiana State Police took possession of $376,445.00 in U.S. currency pursuant to a lawful search warrant; and
WHEREAS, pursuant to I.C. 35-33-5-5 the Indiana State Police could not find the rightful owner; and
WHEREAS, on November 7, 2002, the Honorable Thomas Webber, Sr. issued an Order to deliver the $376,445.00 to the Porter County Auditor for deposit in the general fund; and
WHEREAS, five percent (5%) of the total figure was provided to the town of Porter by the Porter County Council, amounting to $18,822.25; and
WHEREAS, the Porter County Council appropriated $142,012.50 for longevity pay for Porter County employees in 2003; and
WHEREAS, a balance of $215,610.25 is currently in the general fund; and
WHEREAS, the Porter County Council has requested the Porter County Board of Commissioners create a special fund for deposit if the balance of the monies to be appropriated by the Porter County Council at a future date;
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED that:
1.Chapter 3.62, Ordinance establishing fund for deposit of $215,610.25 is added to the Porter County Municipal Code to read as follows:
3.62.010Fund established
The Board of Commissioners does determine that a need exists for the creation of a special fund for deposit of $215,610.25 to be appropriated by the Porter County Council.

2.Chapter 3.62.020 (Use of Revenues) is added to the Porter County Municipal Code to read as follows:

3.62.020 Use of Revenues
The funds received in the special fund can be utilized for any purpose approved by a majority vote of the Porter County Council.

3.Chapter 3.62.030 is added to the Porter County Municipal Code to read as follows:

3.62.030Termination of Fund
The special fund shall be terminated automatically and without further action or ordinance once the Porter County Council appropriates the balance of the $215.610.25.

This ordinance passed and adopted this 16th day of March, 2004.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/David L. Burrus
S/John A. Evans
S/Robert P. Harper
Attest:s/Sandra K. Vuko, auditor

Com. Harper moved to approve Ordinance No. 04-09 on 2nd reading, Com. Evans seconded, motion carried.


ORDINANCE TO ESTABLISH A NON REVERTING FUND FOR THE RECEIPT OF COURT ORDERED DETENTION SERVICE FEES FOR THE JUVENILE DETENTION CENTER---2ND READING

Com. Evans, “This is second reading for an ordinance to establish a fund for the receipt of court ordered detention service fees for the Juvenile Detention Center.”

ORDINANCE NO.04-10
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE CREATING A NON REVERTING FUND FOR THE
RECEIPT OF COURT ORDERED DETENTION SERVICE FEES FOR
THE PORTER COUNTY JUVENILE DETENTION CENTER

WHEREAS, IC 36-1-3-2 grants the Board of County Commissioner all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, IC 36-1-3-6 states that is there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of Court Ordered Detention Enhanced Services (CODES) fees received by the Porter County Juvenile Detention Center.
WHEREAS, IC 31-40-1-1 IC 31-401-3 require the court to order the parent or guardian of an estate of a child adjudicated a delinquent child to pay for, or reimburse the county for the cost of services provided to the child or parent or guardian, unless the court finds that the parent or guardian is unable to pay or that justice would not be served by ordering payment from the parent or guardian; and
WHEREAS, IC 31-40-1-3 required the parent or guardian of an estate of a child adjudicated a delinquent child to furnish the court with an accurately completed and current child support obligation worksheet on the same form that is prescribed by the Indiana Supreme Court for child support orders, in order for the County to determine the extent of the ability to pay.
BE IT AND IT IS HEREBY ORDAINED BY THE PORTER COUNTY BOARD OF COMMISSIONERS THAT:
Section 3.58.010, Section 3.58.020, Section 3.58.030, and Section 3.58.040 are added to the Porter County Municipal Code to read as follows:
1. 3.58.010 Fund established.
A Court Ordered Detention Enhanced Services Fund is established whereby all Court Ordered Detention Enhances Services fees received by the Porter County Juvenile Detention Center to be used to enhance the ability of the Porter County Juvenile Detention Center to develop, appropriately staff, and deliver rehabilitative programming to provide adjunct services to other department of the juvenile court as ordered by the Porter County Juvenile Court and to perform and enhance those functions necessary to comply with the Indiana Standards for Juvenile Detention Facilities, shall be deposited in this special, non-reverting fund.
2.Section 3.58.020, Per Diem Payable
The amount of reimbursement due shall be:
a.a maximum equal to the per diem rate established by the Porter County Board of Commissioner for contracting counties; or
b.a lesser amount as determined by the court’s use of the child support guidelines;
multiplied by each day or part of a day that the juvenile is lawfully detained.
3.Section 3.58.030 Use of revenues
The Court Ordered Detention Enhanced Services fees generated and deposited in the Court Ordered Detention Enhances Services Fund and expenditures therefrom will be made by the Porter County Juvenile Detention Center, upon authorization of the Circuit Court Judge and upon appropriation by the county fiscal body, for the purposes of developing, appropriately staffing, and delivering rehabilitative programming, for providing adjunct services to other departments of the juvenile court as ordered by the Porter County Juvenile Court, and performing and enhancing the functions necessary to comply with the Indiana Standards for Juvenile Detention Facilities, which involves a wide range of services and programs that support the juveniles’ intellectual, physical, emotional and social development, which minimally include: education, recreation, counseling, nutrition, medical and health care services, reading, visitation, communication, continuous supervision, and staff training.
4.Section 3.58.040 Termination of Fund/Transfer of Revenue
The Court Ordered Detention Enhances Services Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Board of Commissioners of Porter County; and if and when a subsequent ordinance is passed to terminate the life of the Court Ordered Detention Enhances Services Fund, the Fund balance existing, if any at that time, and if not otherwise provided for by ordinance shall be transferred to the County General Fund.
This ordinance passed and adopted this 16th day of March, 2004.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/David L. Burrus
S/John A. Evans
S/Robert P. Harper
Attest:S/Sandra K. Vuko, Auditor

Com. Harper moved to adopt ordinance No. 04-10 on 2nd reading, Com. Evans seconded, motion carried.

ORDINANCE 04-11, AN ORDINANCE TO AMEND ORDINANCE NO. 03-16, PLAN COMMISSION FEES AND BUILDING FEES---2ND READING

ORDINANCE 04-11
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE RELATING TO PLAN COMMISSION FEES AND
BUILDING FEES
_____
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Code on Tuesday, December 2, 1997 pursuant to Ordinance No.97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to amend Chapters 15.20 and 17.76 (Plan Commission Fees and Building Fees) of the Porter County Code.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1.Chapters 15.20 and 17.76 (Plan Commission Fees and Building Fees) of the Porter County Code shall be amended within the Porter County Municipal Code:

2.Chapters 15.20 and 17.76 (Plan Commission Fees and Building Fees) Sections 15.20.010 and 17.76.010 (Fees) is amended to the Porter County Municipal Code to read as follows for Alternation, Repairs or Remodels to all Residential Structures:
Alterations, Repairs, or Remodels to all Residential Structures
Alterations, Repairs, or Remodels$0.15 per sq. ft., minimum $40.00

3.Chapters 15.20 and 17.76 (Plan Commission Fees and Building Fees) Sections 15.20.010 and 17.76.010 (Fees) is amended to the Porter County Municipal Code to read as follows for Board of Zoning Appeals:

Board of Zoning Appeals
Renewal of Use Variance and Temporary$20.00 per year
Certificate of Occupancy (TCO)
Renewal fee must be paid prior to scheduling of case for renewal to the Board of Zoning Appeals.
Said amendments to fee structure shall become effective upon passage of this ordinance.
This ordinance passed and adopted this 16th day of March, 2004.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/David L. Burrus
S/John A. Evans
S/Robert P. Harper
Attest:s/Sandra K. Vuko, Auditor

Com. Harper moved to adopt Ordinance No. 04-11 on 2nd reading, Com. Harper seconded, motion carried.



RENEWAL OF HEALTH COVERAGE REINSURANCE POLICIES
Mike Anton, Anton Insurance Agency
Sherri Jamison, Stewart C. Miller & Associates
Lee Westergren, Anton Insurance Agency

Mr. Anton, “First of all, I want to thank you for allowing us to come before you and present the employee benefit plan for the coming year of April 1, 2004 to 2005. Just a couple comments before I introduce Sherri Jamison, I know Commissioner Harper hasn’t met Sherri yet from Stewart C. Miller and Lee Westergren from our office. This particular renewal here is the Stewart C. Miller contract and there isn’t any major changes going on there. I am really please to announce to you that this particular process this year is coming back with what we think is very favorable results for the County in the aggregate budgetary kind of numbers. What I mean by that, medical training is somewhere between 12 and 16% depending on who you approach on that. That seems to be pretty much universal. This particular proposal that Sherri will get to, you are going to find represents an ___________ increase in today’s market place. So one of the things that Sherri does is she searches the market and they have gone to a number of different insurers seeking the best possible terms for the County to consider. You will see as we go forward, she is going to present to you several proposals and it will become obvious to you of what the best terms are for the County. So without any further ado, I will turn it over to Sherri and when Sherri is finished, Lee is going to make a quick presentation.”

Sherri Jamison, “What Mike is passing out now is the Porter County Government Annual Report for the claims for 2003. Total claims paid for Porter County Government Health Care Plan for January through December 2003 is $4,013,884.52. That is up about $900,000.00 from the previous year. Average claims with 521 employees average monthly claim cost per employee was $642.02. In 2003, the County received $542,000.00 in reimbursement; what that means is any claim that exceeded the specific deductible was filed with the carrier and that money will come back to the County. So if we net that out, a net claim expense for average employee cost is $552.00 per month and that is an increase from last year of $66.00. To determine the total cost we need to include such expenses as specific costs for administration, drug card, ___ access fee. In 2003 our office received an increase of 440 claims submitted for 2003. The average turn around time for the County in claims was 14 days. That means from the day our office received the claim for payment to the day it was issued for payment. On page 2, gross claims paid was an increase of 31%, that is largely due to the large catastrophic claims that the County experienced over the policy year. As Mike mentioned health care is at a double digit increase for 2003 the national average cost for health care increased by 14.7% and is projected for 2004 to be 12.6%. In the middle of the page is a chart that shows you the average cost for employee per month from 1999 to 2003 so you can see how each of the years have stacked up to each other. Inpatient hospital category experienced the largest increase with the largest increase with the average cost for employee of $116.51 for 2002 compared to a cost of $202.54 in 2003 for a difference of about $86.00 per employee. That is going to be a large result with a large claim experienced at the county. Outpatient hospital and surgery areas went up $23.90 per employee per month and $20.73 per employee per month respectively. Between these three areas that I just mentioned, those are going to make up the majority of the claim increase. On page 3, claims for inpatient hospitals with patients representing 31.55% of the total benefits. Prescription drug benefits were the second highest category which represented 15.9% benefit paid which is actually down from 2002 which is good to see prescriptions going down. The graph on the bottom is an illustration of the total claims paid by the benefit areas for each of the years 1999 through 2003. You can see how in 2003, inpatient hospitalization has jumped. Page 4, for large claims the County paid a total of $398,575.73 in large claims from April to December, that is your policy area. April through March is actually your policy. The County has purchased a stop loss reinsurance policy from ULICO with a deductible of $80,000.00. Any claims which exceeds $80,000.00 if filed with the stop loss for reimbursement. Four individuals exceeded the deductible for the policy year through the end of December. You can see a listing of how much we paid on each participant; how much was reimbursed; and how much was lost at the end of December. Claims paid by participant in 2003, we received an additional 858 claims by employees over 2002. Spouses increased submission of 126 claims. Dependants decreased by 431 claims. In 2003, the County had 61 inpatient admissions. The average length of stay per admission was 4.18 days. The table there illustrates some of the more popular diagnosis for 2003: pregnancy had 16 related admissions, and that is not just going to be newborns, that is anything related to pregnancy such as a miscarriage. The second highest was cancer related at 11 admissions. The inpatient at hospitalization facilities: Porter Memorial Hospital had 34 admissions, Northwestern Memorial had 11 admissions. Total claims paid to all providers was nearly $4 million. There were 58 in network admissions and 3 out of network admissions for 2003. The County has contracted with CCN for a PPO to provide those services. Of those 61 admissions, there were 255 days paid for in patient submissions. The average in patient hospitalization paid per day was $2,662.00. The provider here reported that nearly $4 million was paid by the Plan to various providers, listed are the top four providers which represented 48% of the plans total payments. Northwest Memorial Hospital, Express Scripts, which was the previous prescription vendor, and Porter Memorial Hospital and Valparaiso Ortho Clinic. Behind the data report tab will be some reports that will supplement the information that was provided. Any questions?”

Com. Harper, “With this $542,000.00 that we are getting back, . . well your beginning figure for claims paid, the total claims paid figure was $4,013,000.00, now you are telling me of that amount that was paid, we are getting $542,000.00 back?”

Ms. Jamison, “You will be receiving $542,000.00 and that will tie into when I go into the stop loss reimbursement. The County has contracted with a caregiver for a specific deductible of $80,000.00. What that means, the County is assuming the first $80,000.00 claims on an individual, anything that exceeds that is filed with the carrier and then will be reimbursed to the County. That is where this $542,000.00 is coming in because there were large claimants.”

Com. Harper, “Now is that something that has happened on a yearly basis in the past, that we have had that much money coming back?”

Ms. Jamison, “Last year I do not believe there were any large claims. You typically see that to be a cyclable trend, you will have a year or two with large claims and then you will have a good year where you don’t have anybody.”

Com. Harper, “How is that money going to come back to us, is it going to trickle in or is it going to be a large payment or how can we expect those funds to come back?”

Ms. Jamison, “As the claims filter into our office for payments, we will process that claim and then as soon as we have it, it is filed for reimbursement, so it is as we get those claims, then it is filed, they review it and then it will come back. So it will come back in bits and pieces rather than just waiting for the end of the policy year.”

Com. Harper, “Well, this line says Porter County received $542,000.00; are you telling us we already received that money?”

Ms. Jamison, “From January through December that amount of money was received.”

Com. Evans, “For 2003?”

Ms. Jamison, “Correct. Then on page 4, at the end of December, there is still $210,000.00 pending to be reimbursed. Some of that money hasn’t come back.”

Mr. Anton, “Some of that $542,000.00 that you are referring to on the first page was incurred in 2002.”

Com. Harper, “I just wanted to know where the $542,000.00 was, what fund it was put into by the Auditor’s office, that is why I am asking, to try and figure out what is going on. So, you are telling me we can expect this year from last year another $200,000.00?”

Mr. Anton, (Mr. Anton’s comments were inaudible.)
Com. Harper, “But this is money we can’t count on, because we had four especially large claims.”

Mr. Anton, “You mean in the future?”

Com. Harper, “Yes.”

Mr. Anton, “Yes, you can count on that. This is to reimburse the employee benefit fund, which is the 45 account and goes into there to, and brought up to the budgeted amount of the County’s budgetary process.”

Com. Harper, “I don’t understand what you just said.”

Mr. Anton, “The County budgets “X” number of dollars from all departments for the employee benefit account.”

Com. Evans, “That is what we put in ourselves.”

Com. Harper, “I know that but they don’t budget it from all departments, they budget it from the Commissioners’ budget mostly.”

Com. Evans, “We try to get it from everybody we can and then . . “

Mr. Anton, “There are several sources. Any reimbursements that would occur, in a sense, don’t pay on that budgetary amount so we don’t overdraw that account.”

Com. Harper, “I just want to make sure that happened. That is why I am asking.”

Mr. Anton, “Well, it should be there.”

Com. Harper, “Well when I saw the balance in that account from last year, I am not sure that $542,000.00 went into our health insurance account. That is what I want to find out. It is not your concern, but it is our concern.”

Mr. Anton, “Here’s the thing. Let me just throw some numbers out. Let’s just say that it was budgeted for $4.5 million, and let’s say our claims were $5 million, and so they reimburse the $500,000.00 and we are at budget . . . “

Com. Harper, “I understand that. I am just telling you that in the way things work, I just want to see where that $542,000.00 went, what fund it went into. This is not your concern, your concern is to make sure these figures flow back and forth. I am just . . . “

Mr. Anton, “I guess from my little bit of outside naiveté, that is how these accounts work. If it hadn’t gone back into that fund, we would be showing a big deficit in that account.”

Atty. Rinkenberger, “Who are the checks being made payable to? To the Treasurer or to Porter County Government Fund 45?”

Com. Evans, “I believe when we budgeted the money, the money that we establish for the health insurance goes into Fund 45. I think the reimbursements go back into Fund 45 also, I am fairly certain of that. But that is an accounting problem for us to figure out.”

Mr. Anton, “You can check with the Auditor.”

Com. Evans, “They are closed this week for some reason.”

Com. Harper, “So even though we have this $80,000.00 limit, when it is over that, we pay it and we get reimbursed for it?”

Com. Evans, “Yes, and we had four people this year go to the $80,000.00 limit and beyond that kicked in and they’re probably the source of this reimbursement for the most part. We had 440 more claims this year than last? Is that kind of a trend again?”

Ms. Jamison, “From the . . . business, claims are coming in more in 2003 than they were in 2002.”

Com. Harper, “How many people do we have on our health insurance policy?”

Ms. Jamison, “About 520.”

Com. Harper, “How many people do we have on our health insurance plan at the start of 2003?”

Ms. Jamison, “In the back in the data reports on the second page, in 2003, for Plan A there were 471; Plan B 48; Plan C 14. And then in December 2003, for Plan A, 452; Plan B, 41; Plan C, 13. That is 516 total.”

Mr. Anton, “One of the things that will skew your total claims, is last year we promoted the Wellness Program so that we increased the Wellness participation last year basically four fold. While those are smaller claims they are still under that 440 count and yes we are promoting that again this year. Hopefully we can skew that up a little more because we think that the participation in the Wellness gives us a better performance of the Plan.”

Com. Evans, “And the less number of people will lower the $80,000.00 grand total. I think what you are telling us is that the 80% that we achieved is a good thing but what you just told us Sherri, is that we shouldn’t expect it to carry it through on the whole paper, right?”

Com. Harper, “On the first page, that $4 million, that is what we paid last year and that includes these payments on these large ones like the $400,000.00 ones?”

Ms. Jamison, “Yes, that included all the money paid out by the County. Then down there in the second paragraph, starts out Claims paid, yields, and net claim expenses is $3.4 million, that is taking out the reimbursement.”

Com. Harper, “By the way, the questions I ask you don’t have anything to do with you, I am just trying to see where this money goes. The way I understood the Plan is I thought $3.1 million was budgeted into it plus what came in from the other departments, which brought it up over $4 million and $500,000.00 plugged back into it; the last time I saw it there was a lot of money in it. I am just wondering where that money went, that is why I am asking those questions.”

Mr. Anton, “The reason those numbers seem a little funny there is because some of the claims numbers don’t include some of your fixed cost issues.”

Com. Evans, “Right and it is in a constant state of flux, too.”

Com. Harper, “Tell me what you mean by that money.”

Mr. Anton, “You have two aspects of the Plan in terms of your costs. You have fixed costs that you pay for your re-insurance premiums, your adjudication costs, your PPO costs; your individual care and management cost; our cost as servicing agent; those types of costs are all fixed based on the enrollment in the Plan.”

Com. Harper, “So they are not part of that $4 million?”

Mr. Anton, “What you are looking at in those numbers is pure claims adjudication process.”

Com. Harper, “Roughly, what are the fixed costs a year?”

Mr. Anton, “Last year they were around 300.”

Com. Evans, “And that affects a little less than the total ___ money we are talking about.”

Mr. Anton, “Yes.”

Ms. Jamison, “In the back there should have been an 8 ½ by 14 page, what this is you have a stop loss reinsurance policy that is purchased to help stop the losses by the County. There are two parts to it, there is a specific deductible which is the $80,000.00 which we were just discussing which means that the County is responsible for the first $80,000.00 worth of claims. Anything that exceeds that will be reimbursed. The second portion is called an aggregate coverage. That coverage covers the group as a whole. So that is going to stop your claims. You are going to have a maximum stop there. To explain that a little better, every year I go out to as many carriers as possible to get quotes to get a competitive rate for the County. This year we received five carriers that would quote. I also received five carriers that declined because they didn’t feel they were going to be competitive based largely on the large claim industry. So what you have in front of you are the quotes that our office received. The first page is for a specific deductible of $80,000.00. The first column which says current, that is the current policy year and that shows you rates the County is currently paying. Right now, you have an estimated total annual fixed cost of $252,000.00 within specific aggregate premiums. Look down where it says total annual attachment points, $4.5 million, that is the maximum claims the County will be responsible for. So if your claim exceeded that $4.5 million we will file what is known as an aggregate claim. Then that money would come back. There is protection there for the County.”

Com. Harper, “This is current?”

Ms. Jamison, “Correct. So then you will see the renewal came in with Gerber Life and also received a couple other quotes. I just want to point out also, there is contract types involved in this also. The first 5 or 6 quotes it says 24-12. The first number is the incurred months, the second number is the paid months. That is starting with the policy year. So your policy year starts April 1st so with the first number being the incurred, it is going to start April 1st and go back 12 months so any claims incurred in 24 months, which will go back 12 months, plus your current policy year of April 1st of this year, then paid within 12 months, which would be your policy year April 1, 2004 to March 2005. Do you understand that? I didn’t want to make it too confusing.”

Com. Evans, “The current with ULICO and the renewal is with Gerber Life; is there some kind of . . ?”

Ms. Jamison, “ULICO is partnered with Gerber Life for a couple years just to get a little bit better rating paper. That is why you are with Gerber Life. Then the last four columns on the page, there is two for ____________, that contract there is 15-12 which will go back three months from the start of the policy year. You will see if you carry these, the 24/12 contract would offer the most protection for the County, because it is going back 12 months of incurred claims. AUL, if you look at the total exposure line on the 24/12, it does have the best offer on the 80,000.00. I did also receive quotes for additional specific deductibles just as options for the County, it doesn’t mean you have to do it or anything, it is just an option for you to consider. The second page is the specific deductible of $90,000.00 and again what that would mean is the County would assume the first $90,000.00 in claims on an individual. Anything exceeding that amount would then be filed with the carrier for reimbursement. Then the third page is at $100,000.00 deductible.”

Mr. Anton, “We attempted to do an analysis of the claims experience situation for the past year and going forward as best we can. The thought process is that whenever we have very severe experiences last year that those issues that have been dealt with are not ongoing at this time and there is nothing that seems to be in the hopper that would cause us to be aware as to a large faced issue, that doesn’t mean something is not going to happen it just means there is nothing brewing as we speak that we are aware of. With that in mind, if you look at the savings on the AUL Plan from 80 to 90 specific deductibles, I think it will draw your attention to all the fixed costs between the two is roughly speaking is a $41,000.00 savings. I might suggest you give that some thought because that would tell us that we would have to take four hits into the 90,000.00 level before that would be a bad call. With our claims experience we’ll take that as an opportunity for the County to capitalize on some premium savings. We don’t feel quite the same about the $100,000.00 as that represents about a 3.7 . . . (inaudible).”

Com. Evans, “What does the initials AUL stand for?”

Mr. Anton, “American United Life, domiciled in Indianapolis.”

Com. Harper, “If we took this 80,000 deductible under this American United Life Plan, other than premium costs, what is different about that plan than the plan we have in place today?”

Mr. Anton, “They mirror the benefit plan exactly. Nothing changes.”

Com. Harper, “It is exactly the same, premiums however go up over $100,000.00 a year under the 80,000 deductible because of our bad experience with four large claims last year?”

Mr. Anton, “That and the aging of the population.”

Com. Harper, “And if we take the 90,000.00 deductible we are going to save about what?”

Com. Evans, “$41.628.00. Kind of like rolling the dice?”

Mr. Anton, “Yes it is. It says that you can sustain four large case management claims to the $90,000.00 and break even.”

Com. Harper, “What does this mean in the last column you have this updated claims and large claims, what is that about?”

Mr. Anton, “What that means is that particular carrier is saying they would want to see claims experience through March in the event that something is taking place as we speak and they could adjust their terms accordingly.”

Mr. Jamison, “However, they have through February so there is a (inaudible) . . that they don’t have so the chances are pretty slim that there is . . .”

Mr. Anton, “And we don’t know if there is anything going on. We checked on that Friday, what the experience that Stewart C. Miller would have in their possession and (inaudible) . . “

Com. Harper, “Are you expecting a decision on this today, is that what you are here for?”

Mr. Anton, “Yes, sir.”

Com. Harper moved to accept the proposal with the $90,000.00 deductible with American United Life,

Com. Evans, “I think that is a wise decision and we will have $41,000.00 extra to work with given there were four individuals that went to that $80,000.00 limit last year, that would allow us four individuals for this next year and I think not used help offset the premiums.”

Com. Evans seconded, motion carried.

Mr. Anton, “Now Lee is just going to take a few minutes of your time with some comments about (inaudible.)”

Ms. Westergren, “If you are not aware of Individualized Care Management Company and what they do is they manage your medical management. They will look at large cases and people who have claims they will look into the claims. They have something that is implementing on the first of April which is disease education. What that would be is another way to save money because when people with chronic diseases such as diabetes and cancer, they would be working with those people to make sure they get the right kind of care and ongoing treatment which we believe will lower the rates and help the County long term. The cost for ICM2 is $2.31 per employee per month which is part of the fixed cost.”

Mr. Anton, “That is up $.25, and the reason for the increase over last year is due to this disease management educational program that we are instituting so there will be more direct communications from an educational perspective. We think that is going to be beneficial especially as we tie in on the wellness issues. I may point out that we will kick off that wellness program that will be scheduled through NIOMS the last week of April and the firs week of May pursuant to our discussion with you gentlemen a couple weeks ago. We will also have ongoing communications, we are open to prescription drug usage and education as you related. I think you are going to see the last thing (inaudible)… and a lot of educational related communication pieces going out to the employees that will hopefully, in the long term and not the short term, benefit the employees. Obviously, it will come back to the budgetary process.”

Com. Harper, “Why are you presenting this to us today?”

Mr. Anton, “You have a contract with IC. And that is up the same time the Stewart C. Miller one is up.”

Com. Harper, “When is the contract with ICM up?”

Mr. Anton, “(inaudible.). . . What they do beside their education process is that if you have a large case issue, they insert themselves in that process as the patient advocate and make sure the patient is receiving the type of services that they require to heal themselves as quickly as possible. At the same time that is taking place, they are also mindful of any negotiating discounts with providers on behalf of the County.”

Com. Harper, “How many patients did they work with last year, how many County people participated in this service last year?”

Mr. Anton, “Well, I don’t know if we have that information.”

Ms. Jamison, “I can get that information for you.”

Mr. Anton, “Well, we know that they were almost on a full time basis because we had four members that were very high maintenance situations. There is a report and I think it was forwarded to your office, I don’t know where it might be as we speak, but it would indicate the amount of dollars that they negotiated in your behalf. The benefit of their services varies historically as to a large case management needs. I will tell you this, historically, we have always saved more than we have expended for their services. Now there has been years that it probably may have not got your attention. If it is a $6,000.00 fee to have their services in the past, maybe we collected any given year $10,000.00 to $15,000.00 in discounts but when you have experiences like we have just gone through, that should be significantly larger. But they provide services to the arranging of air transportation, for example, negotiating those prices on behalf of the County when those emergency situations occur. So they provide a valuable service. Some of it is on an as needed basis, though, that they insert themselves in the issue.”

Com. Harper, “How much did we pay them contract wise last year?”

Mr. Anton “$2.06 per employee.”

Com. Harper “What is the bottom line, what did we pay them last year?”

Mr. Anton, “Well, it would be $2.06 by 517.”

Com. Harper, “That’s a month, though, right? And then times 12?”

Ms. Jamison, “Almost $13,000.00.”

Com. Evans, “Is there an aggregate dollar amount at which time their services will kick in for . . .”

Mr. Anton, “No, it will go by diagnosis. If a diagnosis comes through at Stewart Miller and they’re in close communications and working hand in hand, and that diagnosis would indicate we are going to have a potential large case issue, they jump in right from the get go. It starts to implement the patient advocate type of issue. It is kind of like having your own private duty nurse assisting you along the way. If you are a homebound patient that is receiving home services, they would intercede and help arrange those home services. Visiting Nurses kind of issues. People that come in and administer chemotherapy in the house, we have had those types of situations where it is much less costly to do it that way for the County than in a hospital environment. When you look at your average hospital cost of $2,200.00 per day, there can be some significant savings right off the bat if you have a home bound receiving the home services.”

Com. Harper, “Now this contract is part of the fixed cost as I understand it. Correct? And it is running somewhere between 12,000 and 14,000 per year. Correct?”

Mr. Anton, “Correct.”

Com. Harper moved to accept the contract with ICM Company, Com. Evans seconded for the cost of $2.31 per employee,

Com. Evans, “Now the figure we quoted in our booklet was $2,662.00 per day for a hospital stay for our insured so that is something we need to work on.”

Mr. Anton, “We are going to come back with different ideas during the year.”

Motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

Approve cellular telephone pager contract, Juvenile Probation
Mike Golub, Jill Atkins

Mr. Golub, “We are seeking approval of two contracts; a 2 year for 2 cell phones and service and a 1 year with additional months for a pager which was for Cingular Service. We are also requesting to terminate our current contract with Nextel.”

Com. Evans, “These are pages that are used by the on-call people?”

Mr. Golub, “Yes.”

Com. Harper, “So you are asking approval to enter into these contracts? And how many contracts?”

Mr. Golub, “There are two separate contracts, one is for the pager and a years’ service and additional cost per month. They are both with Cingular. The other is a 2 year contract for 2 cell phones, service for the 2 cell phones, and 2 phones are included in that free.”

Com. Evans, “So you will have 2 telephones and one pager?”

Mr. Golub, “Correct.”

Com. Harper moved to approve the contracts with Cingular Wireless for the pager and two cell phones, and discontinue the contract with Nextell, Com. Evans seconded, motion carried.

Release of Bids, Tiburon, E911
Dave Sheibels

Mr. Sheibels, “This is another planned milestone payout from the Bank of America on our Tiburon draw account that we have there on the Tiburon lease project for the public safety software for the Porter County Public Safety System. This happens to be the milestone of the correction management software that has come out of its first year of warranty. We had planned to draw first year out of warranty, software support from the draw account. This was built in under contract when we originally did this back in 2002. Now we have this milestone here to authorize Bank of America to pay Tiburon $15,743.00 for the next year’s annual software support on the jail management software.”

Com. Harper, “Is this going to be an on going yearly thing?”

Mr. Sheibels, “No, this is the only time it will get drawn for the annual support maintenance. Next year support maintenance will be covered by some other budget means, probably to the Sheriff’s Department.”

Com. Evans, “This is a software support package so if we don’t pay it year to year, what happens to the support?”

Mr. Sheibels, “We lose our support from the Tiburon company, we lose our ability for automatic upgrades and enhancements and . . “

Com. Evans, “But you are saying this is the last payment for this?”
Mr. Sheibels, “This will be the last time this will finish the draw for the CMS project from the Bank of America.”

Com. Evans, “So then somebody else will write a new product and we will end up the new purchase anyway. Is there any other software manufacturer other than Tiburon in the 911 business?”

Mr. Sheibels, “Certainly. There is at least a few dozen companies.”

Com. Evans, “We are pretty much locked in.”

Com. Harper, “This is money that is already budgeted?”

Mr. Sheibels, “Yes.”

Com. Harper, “Your grant money has come through now?”

Mr. Sheibels, “Yes, all the grant money has come through; the Bank of America has been fully paid for the entire lease purchase loan schedule.”

Com. Harper, “How much is the grant from Visclosky?”

Mr. Sheibels, “Dave Lain is here, but I think it was five something . . “

Chief Lain, “$596 and change.”

Com. Harper, “Where did that go?”

Mr. Sheibels, “That went to pay the Tiburon loan which was approximately $991,000.00.”
Com. Harper, “Is there still $596? The thing I am wondering is did you get your money back that you paid . . .”

Mr. Sheibels, “Yes.”

Com. Harper, “At the time the $596 came in, was that all taken by Tiburon?”

Mr. Sheibels, “I believe so.”

Com. Harper, “There was that much still owed on it?”

Mr. Sheibels, “The way that went, the first year of payment the grant was not here yet so the first year Sheriff side of the project was paid out of his budget. Then the second year was an additional combination of 911 and the Sheriff; the third year was 100% Sheriff, I had finished paying for the 911 dispatch software side last year. The $596,000.00 loan was strictly earmarked to pay the loan off. The chain of events happened where we got caught short with the demise of the CLEWS product and moving into a new building we had to make a software change. Unfortunately we didn’t have the grant in yet at that time, it was promised to the County but not materialized so we went ahead and did the Tiburon loan.”

Com. Harper, “I know that but . . Tiburon, the whole project cost about $900,000.00?”

Mr. Sheibels, “$991,000.00.”

Com. Harper, “You paid half?”

Mr. Sheibels, “I paid approximately a third from the dispatch side.”

Com. Harper moved to approve the request to pay $15,743.00 to the Tiburon Corp. for the continuation of the lease purchase agreement, Com. Evans seconded,

Com. Evans, “How many upgrades have you received in the software since the onset of going into the new jail?”

Mr. Sheibels, “Probably too numerous to mention. The Tiburon Company does upgrades almost every other week. Sometimes we get into a cycle of a couple weeks, it just depends on product development.”

Com. Evans, “And we have had discussion before on this regarding the fire departments, are they getting the upgrades they need too? Are they going to be able to come to their station and go online and get their reports? I know that is something very near and dear to their hearts.”

Mr. Sheibels, “They have been doing that right along and all these software upgrades include the fire management software, what we are a little tied up on right now is a third party project that we are trying to roll out to the fire departments that gives them additional report capabilities. We are having a product development curve that seems to be ongoing with Tiburon with that password protection scheme. Their general nine fire departments are using the fire records management system on a day by day basis, doing their reports, right into the system as they come back to their station and get time to do it.”

Com. Evans, “I kind of hope you stay up with those guys because they are a part of the emergency network that sometimes, because they are volunteers, not getting their due and we want to make sure they don’t get that feeling.”

Motion carried.

Com. Evans, “We are going to do the bid process at our next meeting for your upgrades. I would encourage you before you give that back to us to run that by your committee, make sure all the members have a chance to review that and you might even drop it by the Fire Association to let them see if there is anything they would like to add to that, too.”

Mr. Sheibels, “Sure. The committee has reviewed the specifications at our last meeting and concurred and launched me into the bid writing process, so I think we are pretty well covered.”

Com. Evans, “If you could I would like to see the Fire Association also involved in that process.”

Com. Harper, “I have another question I want to ask our attorney. Didn’t we take some money out of the jail assignment project to pay for part of this Tiburon contract?”

Atty. Rinkenberger, “If I recall, we were going to commit part of that $1.3 million signing bonus.”

Com. Harper, “I am just trying to figure this out. Did we take $600,000.00 of that $1.3 million?”

Chief Lain, “On this project I think this was at the first year of the Tiburon project, our portion of that payment came from that “sign on bonus” to the tune of about $230,000.00 and as a part of the grant we were able to recoup about $40,000.00 short of that.”

Com. Harper, “Where is the $40,000.00, where did it go?”

Chief Lain, “That went to the Tiburon project.”

Com. Harper, “I want to go through the figures here. I want to put this on for the meeting next time, I don’t want to be a pain, but I want to understand it. How much was this Tiburon project?”

Mr. Sheibels, “The total was $991,000.00.”

Com. Harper, “How much was taken out of that jail signing money?”

Chief Lain, “That was approximately, was it close to $230,000.00?”

Mr. Sheibels, “That was the first year payment.”

Com. Harper, “I thought I read the jail signing bonus should be down to nothing right now? Correct? So $200,000.00 and something went to cars; $200,000.00 went to salaries; right?”

Atty. Rinkenberger, “I know what happened, the sheriff promised to commit $600,000.00 out of the $1.3 million signing bonus if Visclosky didn’t come through with the grant because otherwise we weren’t going to proceed to sign a contract unless we knew we had money if the grant fell through.”

Chief Lain, “$600,000.00 is in the County Council.”

Com. Evans, “$230,000.00 to Tiburon, $200,000.00 to form the jailers for the new jail when they created the fund to pay them, Fund 217; and $200,000.00 went to cars; and $600,000.00 went to the County Council. That is a total of $1,230,000.00.”

Com. Harper, “Now wait a minute. Where did the $600,000.00 go to the County Council, was I absent for that?”

Chief Lain, “That was the infamous loan.”

Atty. Rinkenberger, “That was the $600,000.00 loan out of the $1.3 million that they took.”

Com. Harper, “Okay, now I am with you.”

Com. Evans, “That should leave about $70,000.00 in that account.”

Mr. Sheibels, “Let me also remember to that the Board of Commissioners used the $600,000.00 as a promissory note to secure the Tiburon loan for the Bank of America because the grant money hadn’t matured yet and as Gwenn had mentioned, the Bank of America had wanted a little more surety. We couldn’t tell them for sure we were going to get that grant money, but it was just a promissory note, it was never used.”

Com. Harper, “You have $990,000.00 that the project cost, a million bucks to Tiburon, right? You just got $600,000.00 of it back so that brings it down to $400,000.00. Dave paid a third of it, which about pays the loan off, right? Those two things?”

Mr. Sheibels, “Exactly.”

Com. Harper, “There was some money taken out of that signing bonus for the Tiburon. . . “

Atty. Rinkenberger, “I think you have $230,000.00 that they took out of the signing bonus, $600,000.00 that the got for the grant, plus his 1/3, and I think that adds up to more than $991,000.00.”

Com. Harper, “I know it does and that is what I am asking and I want to know the answer.”

Mr. Sheibels, “The $230,000.00 approximate figure was taken out of the signing bonus because the Sheriff didn’t have the money to make his first year combination payment knowing that the money was forthcoming.”

Com. Harper, “I am not questioning on why it was done, I question, according to what you are telling me, there should be $230,000.00 floating around here somewhere and I just want to know what fund it is in, that’s what I am asking.”

Mr. Sheibels, “The grant money has come in, . . .”

Chief Lain, “Well, it fell short, there wasn’t enough to recoup the full amount.”

Com. Harper, “Let’s put this on the agenda for next time, and let me tell you really quick what I want. I want to know how much the bill was for the whole thing; I want to know how much came out of the signing bonus; I want to know how much came out of E911; I want to know how much came from Visclosky’s office; and if there is any overage, I want to know where the overage is and I want a report next meeting. We’ll put it on the agenda with those questions so we know what we are talking about. I am sure there is an explanation. Those are the kinds of things . . .”

Chief Lain, “Unless we have the information in front of us at the time, it is hard to answer.”

Com. Harper, “I understand but County budgeting drives me nuts. As you know, it goes out of so many different budgets, it is hard to keep track of. But I am just trying to understand. I just want to understand.”

Mr. Sheibels, “I have a pull out report but unfortunately, I didn’t bring it.”

Com. Harper, “That’s fine, I just want to understand if there is any overage, where its at; we are talking about budgeting for this year, we have already been talking we might be short, or we may not. I just want to see where we are at.”

Chief Lain, “We’ll get that to you before the next meeting.”

Com. Harper, “No, lets do it at the meeting. I think we should do it in a meeting and see what it is.”

Com. Evans, “While you are at it, why don’t you throw in the signing bonus and we will hash that out too and we will kill two birds with one stone. Just so we have an accounting of it.”

Chief Lain, “Where Fund 217 is today?”

Com. Evans, “Exactly. How much when we started, how much came in, how much has gone out. We will have a lot of questions answered for the Council.”
Atty. Rinkenberger, “Our next meeting is after theirs. We will need it before then.”

Com. Evans, “These are funds we ultimately are supposed to have some control over and really need to get a handle on it so we can be accountable.”

Mr. Sheibels, “Eric sits on our committee and Eric has a copy of that bid so he can share that with the Fire Association.”

Com. Evans, “Will you make sure he is aware that is his charge to do that?”

FAMILY & YOUTH SERVICES BUREAU REQUEST
Ruth Goss, Niequist Center

Ms. Goss, “Karen couldn’t be here today due to a court appearance. We have been approached by the local chapter of the National Caring Day to submit some projects for consideration and before we can do that, we need to get your approval for those projects. What we have in mind is to create a picnic area in the back of the Juvenile Services Center, either by a ground level deck with rails or a gravel area with railroad ties to build a storage shed to be located on the northeast side of the building that would provide reasonable storage for some seasonal items that are housed in a closet inside. And to reinforce an existing raised garden bed that we have, possibly raising it a level, it is now enclosed with landscape timbers and to paint an existing basketball court with the official boundary lines. These are projects that would not create any cost for the County. All the labor and materials would be donated by whatever organization decided to adopt us as their project.”

Com. Evans, “All these activities are going to occur inside the fenced in area on the north side of the building?”

Ms. Goss, “Right now our garden is located behind the garage, the rest of those things would be within the fenced in area.”

Com. Harper, “You are coordinating this with the people at the Juvenile Service Center?”

Ms. Goss, “We have talked with Charlotte, who we worked with closely and she has said she would feel comfortable with any decision that your office would make.”

Atty. Rinkenberger, “I suggested she come in because it was county owned property and I don’t think we would like people making improvements to county property and county buildings without Commissioner approval because then you lose control of what goes on in your buildings.”

Com. Evans, “Exactly. But we do like improvements that cost us nothing, that’s for sure.”

Com. Harper, “I am fine with it as long as it is coordinated with the people at the Juvenile Center and not just maintenance but the people that run the juvenile center.”

Com. Harper moved to approve the request for the projects of a picnic area, storage shed, and painting to be completed by the Family and Youth Services Bureau for the Juvenile Services Center, Com. Evans seconded, motion carried.

CORRESPONDENCE

Court Security Activity Report for February 2004 is on file.
Juvenile Detention Center Annual Report for 2003 is on file.
Building Department monthly report for February 2004 is on file.
Treasurer’s monthly report for February 2004 is on file.
Clerk’s monthly report for October through December 2003 is on file.
Clerk’s monthly report for January 2004 is on file
Highway Department Year End Report for 2003 is on file.

Approve official bond for Shirley Lafever, County Assessor

Com. Harper moved to approve the Public Official Bond for Porter County Assessor Shirley Lafever in the amount of $8,500.00, Com. Evans seconded, motion carried.

Accept Jackie Pursell as late enrollee to Porter County Employee Health Benefit Plan

Com. Evans, “Coverage would be effective March 1, 2004. The memorandum from our insurance carried says he has reviewed the request and finds it acceptable.”

Com. Harper, “I think we should have more of an explanation than that. I want to know why this is done. As I said before, if there is a legitimate reason for this then fine. All of our employees have to pay into the insurance plan and I want to make sure it is not a case where somebody has decided not to pay into for months and months. I still think we should have a written explanation on why this is.”

Com. Evans, “There usually is. Mike Anton has already left.”

Com. Harper, “I think we should have more of an explanation.”

Com. Evans, “Lets table this until our next meeting.”

Request by Sigma Alpha Chi to hold an auction for Porter County Cancer Society

Com. Evans, “This is to hold an auction on the courthouse lawn on Saturday, May 2, 2004 beginning at 9:00 a.m. If you will add it to your motion that they abide by our requirement to provide their own insurance.”

Com. Harper moved to approve the request for the Porter County Cancer Society to hold an auction on May 2, 2004 on the courthouse lawn, Com. Evans seconded, motion carried.

Request by Valparaiso Community Festivals to use Courthouse grounds

Com. Evans, “This is a request to use the Courthouse grounds for the following days:

May 1st through October 30th, 2004 for the local Farmer’s Market
-- Tuesdays in May and
-- Tuesday, Thursday and Saturday from June through October

June 5 through August 28 for “Summer in the City”
--weekends only

Saturday, September 11th for the Annual Popcorn Festival

Friday, October 22 for “Trick or Treat Fun Night”

Friday, December 3 for “Holly Days and Live Nativity”

Saturday, December 4, 11, and 18 for “Santa on the Square”

Com. Harper moved to grant permission to the Valparaiso Community Festivals and Events to hold the events requested on the Courthouse grounds if they provide a certificate of insurance for the year 2004, Com. Evans seconded, motion carried.


American Red Cross request to use Administration Center for Blood Drive, May 14, 2004

Com. Evans, “The American Red Cross is requesting to use the Administration Center for a Blood Drive on May 14, 2004.”

Com. Harper moved to grant permission to the American Red Cross for their Blood Drive on May 14, 2004 in the Administration Center, Com. Evans seconded, motion carried.

Request by Voter’s Registration to move polling places

Com. Evans, ‘This is a request to move the following polling places:

Center 5—move from Maison Royale on Beech Street to Nazarene Church on Glendale Blvd.

Portage 6—move from Days Inn on Hwy20 to Hampton Inn on Hwy 20

Portage 31—move from Civil Defense Bldg to Our Lady of Sorrows Hall on 700 North

Westchester 2--- move from Union Hall on Hwy 20 to Fairhaven Church on Oak Hill Road.

Com. Harper moved to approve the request to move the polling places as requested, Com. Evans seconded, motion carried.

Request to transfer funds-ITS Department

Fund 01.50$750.00from acct 2110 office supplies
Into acct 2120 office fixtures under $100.00

To purchase miscellaneous office fixtures and shelving component for equipment.

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

Com. Evans moved to recess for a ten minute break, Com. Harper seconded, motion carried.


PLAN COMMISSION SESSION
Robert Thompson, Plan Commission Director

Com. Evans, “The meeting is called back to order. We have one item from Plan Commission a rezone from Bearcreek Investments. This will be the first reading.”

Mr. Thompson, “This is Plan Commission Resolution 04-4, petitioner Bearcreek Investment LLC requesting amendment to Porter County, a parcel of land from I2, General Industry to RR, Rural Residential. This was forwarded to the County Commissioners by the Plan Commission at their March 16th meeting with a favorable recommendation of 6-1 vote.”

Com. Evans, “So this will be the public hearing portion of this request. So we will open the public hearing portion of the proceedings and ask for the applicant to state his case.”

William Ferngren, “I am from Hoeppner Wagner Evans and am here this morning on behalf of Bearcreek Investments and the rezoning that Mr. Thompson just described to you. At this time, the property is zoned is I2, under the ordinance and what we are proposing the property be rezoned to RR. As Mr. Thompson indicated this was forwarded to you today by the Plan Commission with a 6-1 favorable recommendation at its February 11th meeting this year. The property is located on the south side of US Highway 12. If you look at Exhibit 1 in the Table of Contents, there is a picture of the plat map and you will get a little bit of an idea location-wise, where the property is. This highlighted area here consists of about 5.6 acres plus or minus. It is zoned I2 at this time. There is some adjoining I2 property to the east over here that extends in this area right now. Additionally, there is a minor subdivision in this location where there is one single family home. There is a single family home in this area on industrial property that is proposed once the rezone is completed assuming your approval to place a single family residence in this location. There is one single family home here and an additional single family here. Exhibit 1 is the general map identification to show you where the property is located in the town and highlighted in the blue. Exhibit 2 would be some photographs of the property and in viewing the property, I think you would see that it is really not industrial type of use area. The photographs as you can see, is a ___ area; there are a lot of trees, and a desirable location for a single family home as is being proposed. The third exhibit is a copy of the Plan Commission minutes showing you that the Plan Commission did in fact vote 6-1 in favor of a favorable rezone and Exhibit 4 is the Resolution Mr. Thompson spoke of a short time ago indicating the Plan Commissions’ favorable recommendation to you.”

Com. Evans, “What is the depth in terms of miles or whatever measure you use?”

Atty. Ferngren, “It is about 1,100 feet to here plus another 600 feet so I guess anywhere between 1,600 and 1,800 feet.”

Com. Evans, “All told, there are existing two residences?”

Atty. Ferngren, “There is a single family home in this location, a single family home here, and there is a single family home here. There is none on this parcel that we are proposing for the rezone. But there will be and the proposed location is back here.”

Com. Evans, “Okay, at this time is there anyone who wishes to speak in favor of this petition? Okay, there is none and we will close that portion of the hearing. Is there anyone that wishes to speak in opposition of this petition? Okay, seeing none, my only comment is the negative vote that was garnered, was there a description for that?”

Com. Harper, “Yes, there was an explanation for the negative vote. It was a debate and I think his presentation is correct, this beautiful dunes land that should be used; maybe not used at all, but if used then use it for a home. The objection was, and it was a legitimate objection, is there is industrial surrounding it so if we rezone it residential and then another buyer buys it from this buyer, then all of a sudden somebody comes in and wants to use for industrial, they will be objected to that because they have a home there. That is legitimate, that happens, but I think it should all be residential with those dunes, and it was a 6-1 vote.”

Com. Harper moved to approve the request for rezone of Bearcreek Investments property on the south side of US 12 and CR 500 East from I2 to RR, Com. Evans seconded, motion carried.

Com. Evans, “The second reading will be scheduled for our first meeting in April. Anything further? Does anyone want to address the Commissioners?”

John Whitcomb, “I live at 2059 S. State Road 2, Center Township. Who took Larry Sheets’ place on the jail holding company?”

Com. Evans, “Dave Burrus.”

With no further business the meeting was recessed.

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor