PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 6, 2004
10:00 a.m.


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, April 6, 2004 in the Commissioners' Chambers of the Administration Center.

Those present were Commissioners David Burrus, John Evans and Bob Harper.

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


APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of March 22, 2004 and April 5, 2004, Com. Harper seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of April 6, 2004, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of January 20, 2004, Com. Harper seconded, motion carried.

INTERIM APPOINTMENT TO NATURE WORKS CONSERVANCY DISTRICT-
Attorney David Hollenbeck

Atty. Hollenbeck, "Good morning, Commissioners. As my March 9th letter to you indicates, the Nature Works Conservancy District currently has two vacancies on its board of Directors; one of which occasioned by the untimely death of board member James Morris. The second vacancy resulting from a decision by incumbent board member Tom Riggs not to seek re-election. We had no candidate come forward in a timely fashion to fill the vacancy created by Mr. Riggs' decision and with regard to the death of Mr. Morris, we did have three people come to the Board indicating an interest. I am here today on behalf of the Board of Directors. We went out and found Tim as one of our candidates and we also looked at the applications and brought Steve Poulos to you today as our recommendation to fill the position. Tim Brust and Steve both bring backgrounds to the Board that will be advantageous to us in our responsibilities in operating the sewage treatment plant. Steve works for the city of Valparaiso at the sewage treatment plant. He has already asked me where our permit is so he ready. This is Steve and this is Tim and we are asking they both be appointed on an interim basis by the Board of County Commissioners to the Nature Works Conservancy District Board. In that regard, I have two bits of information for you. This is the last time I will be before you making this type of request. The Indiana General Assembly changed the law and effective July 1st of this year, interim appointments to the Board of Directors of Conservancy Districts will be made by the Boards themselves as opposed to coming before the County Commissioners."

Com. Burrus, "Will we still be responsible for the initial appointments?"

Atty. Hollenbeck, "That is a good point. The initial appointments will still be made by the County Commissioners. The other thing I wanted to mention to you in terms of specifically the Nature Works Conservancy District, as you know, as County Commissioners and every unit of local government knows, the implementation of IDEM's Rule 13 has been a challenge for all of us at local government as we start dealing significantly with storm water issues. As presently configured the Aberdeen Subdivision, its infrastructure for storm water is under the ownership and control of the property owners association. Early on in this process, the property owners association realized that they simply are not equipped financially or expertise wise to meet the challenge posed by Rule 13 compliance. So the property owners association has approached Nature Works Conservancy District because of course drainage is something a conservancy district can do that we chose not to have it do that originally at Aberdeen. At this point, both the governing boards of the conservancy district and the property owners association have voted to seek the conservancy district adding additional purposes specifically with regard to drainage. I really think that is good development. We will have a unit of government overseeing and being responsible for storm water drainage issues within its boundaries. The other reason it is good because the conservancy district boundaries are larger than just the Aberdeen subdivision and water doesn't obey subdivision lines and there are parts of that area that drain into the Aberdeen subdivision. If they do that, they are part of the problem and they should be part of the solution. So that is a new development with regard to the Nature Works Conservancy District. But we are here this morning for you to hopefully appoint on an interim basis Tim and Steve to our Board of Directors."

Com. Evans, "I would just like to thank you for applying. This is not, at times, a very easy task for people that are willing to serve in these capacities and we appreciate your help."

Com. Evans moved to appoint Tim Brust and Steve Poulus to the Nature Works Conservancy District, Com. Harper seconded, motion carried.

APPOINTMENT TO THE SOLID WASTE DISTRICT BOARD
Therese Davis, Director

Com. Burrus, "The next item on the agenda calls for a discussion on our Workman's Comp insurance but I don't see the representatives here yet so we will address that when they come in. Following that, we have a request for appointment to the Solid Waste District Board from Therese Davis."

Ms. Davis, "Good morning. As you know the municipal appointment to the Porter County Solid Waste District Board is done by the County Commissioners and Mayor Jon Costas of the city of Valparaiso said he is willing to accept that appointment if your board would make that so."

Com. Burrus, "He had the option of serving himself or appointing somebody to represent him, is that right?"

Ms. Davis, "I believe no appointment could be made, just directly himself to take that option."

Com. Harper, "It has to be a city official, correct?"

Ms. Davis, "Correct."

Com. Evans, "He could have appointed . . .(inaudible.)

Ms. Davis, "Certainly, yes."

Com. Evans moved to accept the nomination of Jon Costas to the Solid Waste District Board, Com. Harper seconded, motion carried.


DISCUSSION ON THE LAKE COUNTY RTA

Com. Burrus, "As most everyone knows, approximately a month ago the Lake County RTA extended an invitation to Porter County and to the communities in Porter County to become participants in the Regional Transportation Authority. I think it is fair to say a large number of people in Porter County are interested at a minimum of seeing an expanded commuter rail service and it also turns out, as with any metropolitan planning district, which is currently the NIRPC, there can only be one Regional Transportation Authority. So inasmuch as Porter County has any interest whatsoever in becoming a player in any kind of public transportation system, it would appear that the Regional Transportation Authority of Lake County would be the organization to deal with. We have replied to them informally indicating that we would be interested in participating and I would ask today that we discuss it and possibly take a vote on making Porter County's participation official."

Com. Evans, "I think you pretty distinctly described it and I think everybody agrees that transportation is something that is vitally important to this whole area and this is the agency that is going to help us get served."

Com. Evans moved to officially join with and show support to RTA, Com. Harper seconded, motion carried.

APPOINTMENT TO PTABOA BOARD-
Shirley Lafever, Porter County Assessor

Com. Burrus, "This is for an appointment to the PTABOA Board. Is Shirley here? I understand she has a conflict but we do have her documentation. She is requesting an appointment to the Property Tax Appeal Board of Appeals. That is the board we are looking for and Shirley has a recommended individual who has quite a lengthy and impressive resume. Her name is Barbara Wiggins. We have on file her documentation. It appears not only does she have the necessary Level II Assessor's qualification, but she has a very lengthy background in property tax and property evaluation experience both locally and in the Chicago area where she is primarily. Is there any further discussion?"

Com. Evans, "We need to make mention of the fact that along with this goes the request on our part to waive the requirement that not more than three of the five members be of the same political party. With her appointment, she would make the fourth member of this board as a Republican."

Com. Harper, "I read that statute and it says providing that the County Commissioners, no, I mean the County fiscal body, so I think the Council has to make their decision first before we can do this. It requires the County fiscal body."

Com. Evans moved to appoint Barbara Wiggins to the PTABOA Board providing the County Council agrees,

Com. Evans, "I don't want to make her have to wait any longer than possible because this Board is going to start hearing appeals that people are filing. They need to be up to speed."

Com. Burrus, "So subject to the County Council approval?"

Com. Harper, "That's fine."

Com. Harper seconded,

Com. Evans, "And according to the amendment to allow the waiver of parties."

Com. Burrus, "Okay, the component of this motion would then be the approval of the waiver of the party affiliation."

Motion carried.

CONTRACT FOR ENVIRONMENTAL SOLUTIONS GROUP, INC.

Com. Burrus, "This is a contract that we have to consider for approval. This is one that has been discussed and presented in the newspapers recently. It is consistent with our efforts to get to the bottom of the moisture problems at the Porter County Courthouse. We have been in contact with an environmental firm who does testing of air samples and other environmental materials. They are known as ESG, which stands for Environmental Solutions Group, Inc. They are out of Crown Point, Indiana. Approximately two years ago, we had a similar test done at the courthouse and at that time the testing result indicated there was not a mold problem. Our intent now is to do two things; number one is to have a second opinion and at the same time have an updated opinion as to what the status is at the Courthouse. We have had an individual at the site, last Thursday or Friday, and they have seen the areas we want tested and they proposed to come back within approximately a two to three week time period and complete their testing. They proposed to do this for the amount of $1,500.00. Is there any discussion?"

Com. Harper, "I would just like to mention this. When this was done two years ago it was done by a recognized firm that does this kind of work and we decided this time simply to be double safe and we would request another reputable firm, this is almost like a second opinion, to make sure of the employee's safety. I think we are doing everything we can at this point and if there is a problem we would know about it and address it."

Com. Burrus, "If there is something that surfaces out of this inspection, then we certainly will go forward with it toward a solution."

Com. Evans, "I would take that a step further. Subsequent to taking the guy through for this appraisal and to give us a price, the Indiana OSHA people showed up because of a complaint filed against Porter County by one of our departments. I just urge our employees to bring those complaints to us rather than take them to somebody else. If we had failed to act, then we should be criticized, but we have not failed to act. We have been very prudent in this matter and we hope to be prudent in every matter that is brought to our attention. But if it is not brought to our attention, obviously we can't act."

Com. Evans moved to accept the proposal of ESG to take samples at the Courthouse for the presence of molds, Com. Harper seconded, motion carried.


COUNTY HOME PROPERTY DISCUSSION

Com. Burrus, "This has been initially discussed at this Board's meeting a month ago having to do with the plans for the disposition, one way or the other, of the old Porter County Home. We have had several internal discussions on this. Bob would you care to highlight where we are?"

Com. Harper, "We have discussed it at the last meeting that the cost of utilities, based on how much it was costing to maintain that home, and going along with it we had to make some move on it. Over the years there have been estimates for repair, the estimate done on bringing it up to code, the estimates I have seen are $800,000.00 plus that have been done. It was announced at the last meeting that we were going to do something with this property. The Park Board has met and discussed it and I think maybe they want to address that today and I think once they do, and we hear their discussion, we should take some further specific action so that we bring this matter to a successful close."

Ed Melendez, "Good morning. I have one of our representatives here from the Park Board, David Maxey, and he has been with our Parks Department for about 2 to 3 years as well as been working with us on land acquisition throughout the County and surveying the properties. The last Park Board meeting, it was brought to a vote that the Park Board is very interested in the purchase, or arrangements to work with the property with the Commissioners to obtain, we keep saying the 49 acres, we see some variation but will pinpoint that with the Commissioners when the time comes, to obtain that for park property. Keep in mind at the present time, we do not have a master plan or plan for the property but that can be comprised and developed upon request of the Commissioners at that time. Also, it was to be noted that the buildings were not in our best interest at that present time. Once if demolition does come along, then we are very interested in developing a plan for the future."

Com. Harper, "Have you done any cost estimates or do you have your own on what demolition would cost?"

Mr. Melendez, "I had some but I just don't have a clear point on that. It was taken a few years ago and a contractor did come in just to give us a rough number, we were looking at about $500,000.00 on the minimal price. That is still not knowing what we will hit under ground level and if there are any contaminants in there. There is a lot of work that has been done. The groups that are out there I am sure have informed you of what the concerns are. The cross factor to repair the building. Our concern is, the two individual routes that are out there and one is very important to the community, we would like to see them re-establish first before any talks of demolition go on."

Com. Harper, "The way the property has been considered, two separate parcels. One is wetlands, the other is property . . (inaudible.) Have you considered that? Would you be interested if you just had the part without the property on it or have you thought about it?"

Mr. Melendez, "Yes, we did. We are going to be creative. We like to work on flat land as well as the wetlands."

Com. Harper, "Well my question to you is if you didn't have that property with the building on it, would there be any use for the remainder land of the Park Department."

Mr. Melendez, "This was in a discussion about five years ago. We brought DNR in and some of the other environmentalists at that point in time. The area does have its possibilities with the creek, accessibility is one of our main concerns. It wasn't highly developed as a park wetland or even a wetland. There was going to be major costs in developing a prime wetland in the center part of the county. The cost factors were relatively high in bringing in equipment and upgrading the soils as well as the proper plant material at that time was not feasible and whether we wanted to invest in something like that or let Mother Nature take her time in developing that. What we looked at the flat portion of it was it gave us some ability and open space, didn't say it was developed, it was just an open green area. Our goal is to get south of 30 and start developing park property and how we do it in a long range and open flat area is probably tops on anybody's list for development as well as park property. This is what we looked at and if we had accessibility of a nice area that is level as well as to be able to enjoy the creek and possibly development in years down the road with the wetland."

Com. Harper, "There is a lot of population going up around this location, too."

Mr. Melendez, "As we had some discussions in the past, we do understand that to develop parks are looking at situations into that area, we are not in competition with them, all we are is looking at that. We are establishing an open green space with a multi purpose, about the same concept that Sunset Hill under open flat area of the front part of the park. It is not organized it is mostly for family entertainment or little unorganized baseball games or games like that."

Com. Burrus, "Let me make a couple comments. There have been questions in the past as we have discussed this issue as to what is the total acreage that the County has involved around and under the county home itself. On the north side of State Road 2, we have two parcels according to the surveyor's drawing, the larger one with respect to the county home is 62.89 acres. Then adjacent to that to the west is another parcel that the county owns of 14 acres so we have a sum total of 76.89 acres according to our calculations. Now I think the Commissioners are interested in trying to accomplish a number of things and I am not sure we have all the information available to us at this point to decide and that is where we are thinking about some further discussions. But, one objective is we want to be relieved of the responsibility and maintenance and the operational costs of the county home and that could be done through a sale or demolition. I think we are all in agreement that we would support the activities of the Park Board. Another thought we have on this is we don't want to dispose of any property that might be of advantage for us to expand County facilities on some date in the future. We need to look at the potential of any kind of expansion needs and we have no idea what those are at this point, but if we are looking at disposition of all or part of this, we may need to retain something for future County government building growth. With those things in mind, Bob you had a proposal you wanted to make today."

Com. Harper, "I think this is what we should do. I think everyone is in favor of trying to do something where we can encourage a park there. Within the next few weeks we should establish a committee and I am not talking about a long study, I am talking about number one; a committee that maybe meets for four to six weeks to study what the cost of demolition would be; number two, work with the Parks to see what their interest is and which part of the property they would be interested in; number three, that you just address the future of building use and so forth. My suggestion would be the head of the Parks and we could come up with some other people, and before we form this committee within the next two weeks we could work on specific objectives so we could give them a specific time table so that hopefully by midyear we are well on our way to deciding of what to do about this. Let's come back in two weeks with something. I've got some specific questions I want answered and I am sure you do, too. To form that committee then and hopefully get a report back from them in about six weeks and that committee will have a representative from the Park Department. That is what I am leaning toward, at the very least there should be a park on that property."

Com. Evans, "I think that is a great idea. I especially like the idea of giving the committee a life of thirty days or so. Those things can go on forever and I think we can define the objectives and define the members and at our next meeting we can make that and have time to call those people that would want to serve and certainly the press can let anyone know that is interested in serving on that committee to contact us and we can have the objectives in terms of that committee in readiness of the next meeting."

Com. Harper, "How do you feel about, well, did you think there was that much land there?"

Com. Burrus, "You have a drawing there, don't you, Ed?"

Mr. Melendez, "Yes, that is why I came by here, we kept seeing there was some figures, we didn't know if portions of the property were going to be left untouched."

Com. Harper, "But you knew we had the property?"

Mr. Melendez, "Yes."

Com. Evans, "There is a question about some of the property on the opposite side of the street as to whether or not it is the boundary line of our address."

Com. Burrus, "That is the Porter County Highway Department there, which is irrelevant to this issue. I think that will be our objective for two weeks from today; we will have a committee identified and some rules to go forward."

Com. Evans, "You will be a member of that committee, Ed, is that right?"

Mr. Melendez, "Yes."

DISCUSSION ON HEALTH DEPARTMENT CONFERENCE ROOM REMODELING-
Keith Letta, Health Dept. Director
Connie Rudd, R.N.

Ms. Rudd, "We have received grant monies from the State Department of Health. We are looking to create a training room out of a little alcove that we have down in our foyer that is basically not useful to us at this point because we can't see who is sitting around the other side of the wall and not many people sit back there anyway. We would like to make that into some useful space and we do have these dollars to use for a bio-terrorism training room for our department. It also could be used for other persons in the building if they need a meeting room and it is not being utilized by the Health Department."

Com. Burrus, "For explanation purposes, the total of your grant money available for this is what?"

Ms. Rudd, "$21,000.00."

Com. Burrus, "We have been in contact with Design Organization to come up with a very simple plan that would allow the construction of what was requested by the Health Department and at the same time keep it consistent with both the materials and the theme of the building so that we didn't have an addition or a change that would be conspicuously inappropriate. They had gone forward with that and have suggested to us we solicit quotes from three contractors and we have the authority to do if it is less than $25,000.00. Since your dollars are less than that, we feel that would be appropriate. Our action today is to either approve or disapprove the going forward with the solicitation of three proposals to accomplish this project."

Com. Evans moved to approve the solicitation of the three quotes to remodel the alcove in the area by the Health Department,

Com. Evans, "I know what you mean, it is kind of a wasted space because since the inception of this building, where people sit back there and your nurses come out for their turn and they still sit there because they are calling this way and they are sitting that way."

Mr. Letta, "They can't hear their number being called and they also cannot see the counter from there. It is useless space and this is a good opportunity to turn it into something useful."

Com. Evans, "The only thing I would like to request, and I know it is your money and you are making the improvements, is that the scheduling of the room be done as this schedule gets done for this room, with the switchboard out front so that there is no conflicts."

Mr. Letta, "We could certainly, if it is not in use, let it be used for a small meeting room or conference room. There are data hook ups in there so somebody can bring a computer and set it up."

Com. Harper seconded, motion carried.

Com. Burrus, "If you would, give Vic Ritter notice we have approved the go ahead and if he needs anything from me, let me know."

FIRE HYDRANTS/PINEWOOD DRIVE, SOUTH HAVEN
Jack Jent, Portage Twp. Trustee

Mr. Jent, "I want to thank the Commissioners for letting me come today. This is pictures of the area and it is in order from the best to the worst. We have a dedicated road from Eagle Creek to 149 in South Haven. Years ago the state of Indiana would not allow the road to go and access onto 149 so they did not develop this land except they put fire hydrants in there. This has caused quite a problem in several different ways. We have had a hard time getting to the fire hydrants in this area and we have had several fires in the area and it has been very difficult and we have had to come from Midway down to the fires with our fire equipment."

Com. Burrus, "You mean the source of your water has been _______?"

Mr. Jent, "Yes. On that middle group you will see that one fire hydrant that is in the back there, that was actually at a person's house that burned and our equipment could not get in there because there was so much underbrush. It has been cleared out as of right now in that particular area by the citizens and the fire department and ROTC of the area. They spent four weekends last year cleaning this area out. There was about 40 to 50 people working on this area. When the grass starts coming in, we will have another problem. Also in this area, the children, when they walk to school, they have to walk all the way up to Midway, which is approximately 4/10's of a mile. From one end to the other end, if the children use this trail which they do, only have to walk about 2/10's of a mile. In wintertime, that is a great deal of distance to catch the school bus. We also have a problem that there has been things going on into the brush that with the children and some adults back there, we don't know if there are drug deals going on in the brush or what, but we think if it is opened up where people could see, less things like this would happen. Even the area we have cleared out is very rough. We had an incident when we have to get a truck down there, it would be too rough for us to take our trucks. We have some lagoons in this area and if there is a drowning or something we would like to be able to get our equipment down there to work on this. Some of the concerns of the area though, is if we do open this up, is the all road vehicles that go through there and are really a bad situation. I think we can do some things to protect the citizens from this. This is a problem that hasn't just started in the last week or two. This has been a problem for years and years and has never been addressed. I think that the safety of our community should come first and I think this is a real safety issue. As you can see on that picture, it shows a fire hydrant, but it shows you another picture taken of the same fire hydrant and you can't even see it from Eaglecreek. My firemen, when they go in there and the ground is unlevel and run off and they do this at night, they have a good chance of getting hurt. They are putting their lives at risk too often as it is. So, if there is something you could do, I realize that money is hard right now, but if there is something you could do to level this off put wood chips in there, or making a ____ way out of it, or whatever. I can guarantee you that the township will work with you and if it is something we can mull, we will do it with your permission. Whatever we can do to help in this situation, we'll be there to help. I want to thank you. If there are any questions, I will happy to answer them."

Com. Evans, "I appreciate you bringing this to us, Jack, and we have had a conversation about this before. I have been out there to look and we have done a little bit of research on this. We had our County Engineer go out there and take a look at the area, he has come back to us with some cost estimates on what it would cost to improve the right of way or the road way there. The problem is the soils out there are very poor and not conducive to holding any road structure or road bed of any type. The other problem I think we can do something about is the fire hydrants. The fire hydrants are an end of the line type of thing and are designed to be the ones that blow out, in other words, they clean out the lines in the spring and fall to make sure that the water travels freely through there. They flush them through. The hydrants are not looped, in other words, they are not hooked together. The Indiana American Water Company might be our 'go to' people here and I think they would be willing to work with us if we can loop these fire hydrants and then move them, physically move them to the end of the cul-de-sacs to make them accessible at the end of the those cul-de-sacs rather than have to go back in and around to get to them. The prospectus for doing that is a lot easier than the roadways to go in there. The cost estimate to pave that, and we were talking about a 12 foot path to just make it accessible for the fire trucks, because for a fire truck to go back there, is $143,000.00 for a 12 foot wide roadway. And that could go up enormously if the soils have to be changed and if additional work had to be done. That is probably why that area was never built to begin with because of those soils. So, if we can take one step at a time, do the fire hydrants, I think our first point of reference is to get a hold of Indiana American Water Company and see if we can move those hydrants up to the cul-de-sacs, that will take away the biggest safety issue, I feel, and then if we need to put a path in there to have better access and to clean it up, I think Highway will help us with that. We can get a walking path in there, but I don't think we will ever have a roadway in there."

Mr. Jent, "I do have a thing from one of the people, Leonard Carevel, and he worked for NIPSCO for a number of years. His suggestion was NIPSCO is always looking for a place to put their wood chips. And if you put wood chips all the way through there and level it off and put wood chips in there, they would probably do a lot of this themselves. This is just an idea if you would like see that happen."

Com. Evans, "Sure, and our County Highway certainly has a lot of wood chips that they create so, wood chips are no problem. I think the fire hydrants are, and I think if Indiana American Water Company is able to work with us we can do that for a reasonable fee and make it safer and make the hydrants probably much more pressure friendly for the environment."

Com. Burrus, "There is another advantage to that too, Jack, and that is currently if there is a main break on any of those lines that exist and they have to shut off, there is no way of back feeding them, so this loop that John was talking about could also provide better reliability during any kind of down time."

Mr. Jent, "All we are concerned about is the safety so whatever is the best I am all for it."

Com. Harper, "The question is if the people who built on the right of way, if they gained an easement there because they've got fences across the right of way so there is a question of whether they have easements. So we can get an answer to that and since the County Attorney had a death in the family so she is not here today, but she can work on that to find out where we are with that and then I think everybody is committed to getting some sort of path and cleaning that out so it does not create a crime problem in the area. So I think those are the three main objectives. So four weeks should be enough time."

Com. Evans, "I will have a discussion with Indiana American Water Company."

Com. Harper moved to reset this matter for four weeks from now and at that time have discussions about the hydrants and a study regarding the people who built on the right of way, have Com. Evans talk to the water company, Com. Evans seconded, motion carried.


OFFICE HOLDERS/DEPARTMENT HEADS

Assessment contract--
Candy Crone, Westchester Twp. Assessor

Ms. Crone, "I need to hire a consultant to do some data collection on some of our commercial property in Westchester Township. I think he is only going to do eight parcels this year. We are trying to get one of my deputies up to speed. She has done some in the past but did our commercial data collection and the newer deputy is learning but some of these industrial areas need to have professionals look at them. This is a party that we have had to do this for us several times in the past."

Com. Burrus, "This is $100.00 per parcel for eight parcels for a total of $800.00? I am not familiar with this, but has Gwenn had a chance to look at these yet?"

Ms. Crone, "I asked her about them and she said they were standard."

Com. Harper, "Do you have the money in your budget for this?"

Ms. Crone, "Yes."

Com. Evans moved to allow the assessor to enter into a contract with Edward J. Bish of Indiana Assessment Services for $800.00 for industrial assessments, Com. Harper seconded, motion carried.

Open bids for Liquid Bituminous-
Al Hoagland, Highway Superintendent

Com. Burrus, "It appears we have three bids for today. Al, we will read these aloud and you can take them under advisement."

Mr. Hoagland, "We will take them back to our office and compile them and by the next meeting, you will have a copy."

Com. Burrus, "Can you tell me what categories we are looking for here? Is there multiple quotes?"

Mr. Hoagland, "Yes, we do. My suggestion is we just take every bid under advisement until we have time to bring them back. They will be available for the other vendors to review at the Highway Garage."

Com. Burrus, "First bidder is Seneca Petroleum out of Crestwood, Illinois. As Al mentioned, they have approximately 12 or 15 categories of pricing here. We will take them under advisement; they will be available for the other bidders to review. They will be available at the Highway Garage. The second bidder is Bitmat Products which is a division of McClain Trucking, Inc. out of Ashley, Indiana. They have the same range of pricing for their products. Third bidder is Koch Materials out of Warsaw, Indiana. They have the same array of bids. These will be reviewed in terms of their completeness and thoroughness as well as their pricing. These bids will also be reviewed with and by the Porter County Attorney and be prepared to make a presentation at the next meeting which is the 20th of April. So the asphalt bituminous pricing bids will be awarded on the 20th of April."

Public Safety Radio Infrastructure System Project Release Bids, E-911
David Sheibels, Director

Mr. Sheibels, "I am here this morning representing the Porter County Public Safety Radio Task Force. We request the Board of Commissioners put out to bid a project we have been working on for quite a while called our Public Safety Radio Infrastructure System Project. This is the bid that is funded by the state, EMA grant that we already have. This is now the bid process to request the bid for infrastructure, backbone, radio equipment and reconfiguration of the system."

Com. Burrus, "Is this voice communication? This is our emergency communication. Give us the names of the people that use this."

Mr. Sheibels, "Yes, including Porter County Sheriff's Police, Porter County Fire Dispatch, Porter County EMS, and County Highway along with the EMA."

Com. Burrus, "In the past your group has done some studies on their own regarding the condition and the need to upgrade and improve this radio communication system. I also believe you have put out a request for proposals in the past for firms to provide this upgrade equipment and service. As a result of those proposals, where are we now?"

Mr. Sheibels, "We had been to meetings, a long history of the last two years of meetings with our task force and with area vendors. We did do request for proposal initially, came back and looked at and readjusted our scope of the project. Now we are at a stage of requesting a bid to include all of the parts and pieces that we studied and looked at and cost analyzed, through the course of about two years and now with the successful funding mechanism in place from the grant that we already have for this project, we have come full circle now and are ready to put it out for bids."

Com. Harper, "Is that a portion of this project you feel would be covered by the $180,000.00 grant you have, correct?"

Mr. Sheibles, "Correct."

Com. Harper, "Did you get some information from me that I faxed to you regarding this?"

Mr. Sheibels, "No, I never saw any communication from you."

Com. Harper, "I apologize for that. I thought you had, Dave, so could we move him down a little bit and let him look this over and see if he has any comments on that?"

Com. Burrus, "Yes, if that is your preference we can move onto another item."

Com. Harper, "It is just some suggestions and I am not saying we should make any of them but he could have at least 20 minutes to sit down and read that."

Com. Evans, "My only question is if we are releasing the bid today, how is this entity knowledgeable about what is contained in here?"

Com. Harper, "You gave us a little less time, I asked him to look it over before. By the way, it is just a suggestion. I am for the project, I just had some questions."

Com. Burrus, "David, if you would just give us whatever time you need to read that and we will go on to another department here. The next item is Dave Lain, did you talk to Dave this morning, Bob?"

Com. Harper, "Yes, and I want to give a little report on that. The last time he was here, I asked him for a report on that Tiburon money because that Tiburon project was about $990,000.00 and I was adding up the various monies that go into it and it came up to more than that and I was asking where that money went. He has now sent me a document where they have, in fact, show where the total amounts received were more than the Tiburon project was, I think by $158,000.00. Apparently they have considered the money taken out of the signing bonus as a loan and the overage of the money has been returned to that fund, that is what I am told. So that fund, the signing bonus now has $158,000.00 plus whatever else is left in there. So that is where the money is and that answered my question. I just wondered where it was."

Com. Burrus, "Okay. I see Mike Anton is on board, do you want to come forward?"

WORKMAN'S COMP INSURANCE DISCUSSION-IPEP
Mike Anton, Anton Insurance Agency

Mr. Anton, "I would like to present some proposals with the County's Workman's Comp. We are fortunate this year to have two proposals to choose from in the County. First of all, in the sheaf of papers I gave you, there is a comparison right off the get-go. You will see IPEP illustrated there and IPEP is your current carrier. IPEP stands for Indiana Public Employee's Plan. The other carrier that has submitted a proposal is Bituminous through Bliss McKnight. Bliss McKnight being the general agent for your general liability plan. The big significant difference here in this proposal is your modification factor went up from last year of 133 to 148 which is a 15 point increase. That is really significant. We are still paying for our past sins of a couple years ago when we had a severe rash of incidents take place. Simply put, this is a statutory benefit, there is no obvious differences there. You will see that there is a difference in the premium of $6,380.00 from Bituminous. The service levels, in my opinion, really are equal. I have had good service over the years. We are familiar with Bliss McKnight's service through the general liability program and loss control so I don't have any reservations that they wouldn't continue to provide the same in work comp environment. In fact, I think they have indicated to you , Com. Harper, that they would be willing to do that. Bituminous also offers a payment plan which maybe of some benefit in the County in that the third payment would be six months down the road. I think that would get you into another draw situation so that might be some flexibility with you. In this stack of papers, you will see the IPEP proposal and the Bituminous worksheet, and then following that you will see an experience plan in review. That was just for some general information involving experience modification factors. On the second page of that, it is important to note that the experience modification is designed to penalize loss frequency more than loss severity. Frequency of accidents is a better predictor of the losses than the cost of accidents. So I think that statement in itself is significant to that 148 mod in that something we ought to give a lot of attention to as we go forward. A comment about last year, our experience last year, which is not factored into the experience mod concurrently, because there is a one year delay, was a good experience. We want to make every effort to continue that type of experience we had last year so things are on the upswing and we have to continue it."

Com. Burrus, "Some points that came about of this discussion too, is when you first made your comments today, you said you felt fortunate we had two quotes, if I am not mistaken, last year with that experience factor we were looking at we were fortunate to have one quote. Correct?"

Mr. Anton, "Yes, that is correct."

Com. Burrus, "So our history is looking better. I think the other suggestion is we look at some sort of a loss control committee that would be there to help us keep tabs on and otherwise try to minimize our risk and as a result, our losses. That effort by itself would be a benefit on future policies, is that correct?"

Mr. Anton, "Correct. I know Com. Harper and I had a conversation along those lines. I will personally commit myself to anything I can do to assist in that procedure."

Com. Harper, "We were going to have that today, but Gwenn wanted to go over it and she is not here, so two weeks from today. We have already passed the ordinance for the committee and two weeks from today, I think we are going to get it off the ground. It is going to have a lot of functions, employee accidents, further accidents that the county might receive notice of, for example a road sign down or so forth for liability, and one of the areas we can concentrate on is workman's comp claims because our premium here is $30,000.00 a month. Our premium is based on past experience so if we keep those claims down through safety means and correct lifting procedures and all the things that go into keeping workman's comp claims down we can keep this premium down."

Com. Burrus, "We have a number of ways to review and to do as Bob just described does that not give us a better factor by having that on board?"

Mr. Anton, "Yes, it does. And these types of efforts take great resources, but that surcharge of .48 represents $122,000.00 surcharge to the county. You are right about the charge."

Com. Harper, "So what is your recommendation?"

Mr. Anton, "Well, my recommendation would have to be based on the economics to accept the proposal from Bituminous because it is $6,300.00 less. Statutorily, it is equivalent coverages so that is not an issue. Service level is not an issue; you've got benefit and premium and you've got benefit in payment plan so from those perspectives . . . "

Com. Burrus, "By having them carry our liability insurance also, is there an advantage there?"

Mr. Anton, "The advantage there is in a sense to interface the two, as Com. Harper is commenting about in terms of the Safety Committee he is putting the liability issues in with the comp for review purposes, then you've got the same kind of mix coming from the services of Bliss McKnight."

Com. Burrus, "Then the recommendation is to go with Bituminous and $364,902.00."

Com. Harper moved to accept the bid of Bituminous for workman's comp, Com. Evans seconded noting the term is from the 10th of this month to the 10th of April 2005; motion carried.




WELLNESS PROGRAM INFORMATION UPDATE

Mr. Anton, "If I may take a second of your time for a housekeeping issue. I just wanted to announce the Wellness Program for the county employees that we discussed at past meetings is proceeding. This little brochure here is going to be handout for a short leaflet that is being put together in conjunction with Lisa Zimmerman from the Health Department, ourselves and NIOMS. You will see this lists all the different tests available to the County employees. This is going to take place the last week of this month at different sites. There will be additional communications going out, we are looking forward a very successful wellness initiative this year."

Com. Evans, "That will go out with paycheck stubs?"

Mr. Anton, "Yes, we are trying to get this out on the next round; I think that is the 19th."

Com. Evans, "I am just wondering about the method for distribution because since we have direct deposit, many people take those stubs and just throw them in a drawer and whatever is attached to them is not really looked at too well. Is there another method that . . "

Mr. Anton, "NIOMS is going to print up 600 of those for us and if its more efficient to hand them out through the postal system or whatever is your recommendation because we will do whatever works best. We are going to also put out one other handout just as a communication piece to keep the interest up and because it is important for the screening process that those that want to take advantage of this screening be fasting the day of the screening."

Com. Evans, "Maybe interoffice communication to the office holders or department heads and then they could pass them out to their departments because I just feel that the paycheck stubs get treated like, well you know, they get thrown in the drawer."

Mr. Anton, "I think that is why we are going to have that piece going out plus we have another one that is just a real general piece that we put together that is just going to have the highlights of where the sites are, what the dates are, what the times are, etc., etc. as a reminder and we will hand that out through the postal system."


COMMISSIONERS REPORTS

Center District: Com. Harper

1. Utility Agreement for NIPSCO to set one pole on CR 400 East south of CR 500 North. Recommend approval.

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

South District: Com. Burrus

1.Shenandoah Springs Subdivision, Phase III Road Agreement, located on the north side of CR 900 South west of SR 49. Offer to contribute $420.00/lot for a total of $840.00. Owner and subdivider is Karen J, Feller Living Trust, recommend approval.

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

2.Morgan Minor Subdivision 2548D2 Road Agreement, located on the north side of CR 500 South between CR 300 East and CR 450 East. Offer to contribute $750.00 per lot for a total of $3,000.00. Owners and subdividers are Donald and Joyce Miller. Recommend approval.

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

3.Fieldstone Manor Subdivision, Phase I, Performance Letter of Credit #00704 in the amount of $25,500.00 and Phase II, Performance Letter of Credit #00705 in the amount of $18,750.00 from Centier Bank. New expiration date is March 27, 2005. Recommend approval.

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

UPDATE ON STATUS OF 149 EXTENSION
Pete Kohut, of Butler Fairman Seuffert
Dave Schelling, Porter County Engineer

Com. Burrus, "The status as we left it last time, we had received a letter from Mr. David Holtz, with INDOT and Pete, if you would kind of recap that letter for us and take us up to date from there."

Mr. Kohut, "The letter was received from Mr. Holtz on February 4, 2004. Basically what is says is they are not going to process any more right or design services for the project. They asked a couple questions and they were very interested in the results of the model which NIRPC is in the process of running right now so that is the controlling operation for this project. Once that is concluded, then we will be able to complete our amended environmental document which has to be done in order for the project to move forward. We have prepared two others for the Commissioners signatures. The first letter is a letter which answers Mr. Holtz'; and basically it says that Porter County is continuing to pursue the project for the request for NIRPC to include that in their model and that the consultant, Butler Fairman and Seuffert, is assisting NIRPC and assisting Porter County in redefining the environmental docking. So the letter to Mr. Holtz also addresses the supplemental agreement which will transmit the agreement to the state highway department for their review to make sure it is up to their requirements and if approved, and we suspect it will be because we worked this through with them, they will send that back with an approval letter for your signatures. The second letter transmits to supplemental agreement."

Com. Burrus, "That is a supplement agreement to the original contract that we had with your firm with respect to the whole project and that addresses any additional work that will be required as a result of this model by NIRPC. Is it at the point where it can be reconsidered for construction funding?"

Mr. Kohut, "Right. And then at that point, we will identify where the construction company will be coming from."

Com. Burrus, "By forwarding these two letters, there is no obligation on our part? And get the reaction from INDOT and then have the authority to respond to that, correct?"

Mr. Kohut, "Correct."

Com. Harper, "This February 4, 2004 letter, informing us that they are to seek guidance notifying INDOT and FHA?"

Mr. Kohut, "That is the Federal Highway Association."

Com. Harper, "So they have given guidance to the state notifying the state that federal funds for any right of way acquisition or design costs will not be approved at this time?"

Mr. Kohut, "Right, until the following issues are addressed. And part of that approval process has to be resolved through the model. Now the model is run in order to address commissions, through NIRPC addressing their concerns about the time to travel, and you just can't use federal funds just to build a road. We have to prove to the Federal Highway Administration that commissions will be lower, time travel will be lower and the cost ratio will be such that this does qualify for federal highway funds."

Com. Harper, "So they are saying this money is not to be spent on the following: 1) that Porter County can fully identify and show we get the $29 million to complete the project, right?"

Mr. Kohut, "Yes."

Com. Harper, "And two, that in addition to that the thoroughfare project has been approved and included in NIRPC's model. And three that the environmental assessment was updated."

Mr. Kohut, "Correct. It shows all the other items."

Com. Burrus, "As I understand it, there shall be no right of way acquisition nor any design work, however, in order to comply with the updated model, there is going to be some administrative work that would be approved to get it into compliance again."

Com. Harper, "I keep reading in their letters that I don't like to read is should this project prove to be no longer feasible, INDOT and FHA will have to evaluate the status of federal aid funds expended to date. Does that mean they may be asking for a __________?"

Mr. Kohut, "That has been bantered around but of course there are a lot of people who are destined in this, not only Porter County, but also the Federal Highway, but also state funds have been spent on this project. I think that is an issue that I don't think anyone wants to go into at this time."

Com. Harper, "I am sure we don't."

Mr. Kohut, "If you read our letter that we prepared for your signature, we address that."

Com. Harper, "So, now do you feel we need to do some more engineering work?"

Mr. Kohut, "Not actually engineering work, just administrative work that Mr. Burrus said. There is quite a bit of fact finding information that we need to find out processed to NIRPC so that they can conclude the model in a timely manner and holding INDOT's hands to get them to point B."

Com. Harper, "How much is it going to cost to do this?"

Mr. Kohut, "The amended agreement is for $55,000.00."

Com. Harper, "I haven't seen that. Can I see the amended agreement? Where does this money come from?"

Mr. Kohut, "The Federal Highway Administration funds and INDOT funds."

Com. Harper, "The Federal Highway is going to pay part of this?"

Mr. Kohut, "Right, through the original disbursement of demonstration funds, it still has a balance."

Com. Harper, "But they told us not to spend these funds for certain things. Do they have to approve them before you take them out?"

Mr. Kohut, "They have already been approved."

Com. Harper, "Well, now their approval has been withheld for certain things. Are they going to okay this?"

Mr. Kohut, "That is a good point because that is what this is, we are submitting it with your signature to the state for their review and approval."
Com. Harper, "Is the approval going to be the type of approval that the federal government can't come back later and say you used these funds and now we want them paid back because you used them and even though you called them administration, they are not in administration, and you've used these funds contrary to our dictate or are they going to sign off on it and say yes, you can use them and yes, they are outside of our dictate."

Mr. Kohut, "Those federal funds are already in the state hands."

Com. Burrus, "We talked about this in a prior conversation, Bob and I see what you are saying. By sending the document down there for the states' review they are either going to say yes or no. If they say yes before we sign it, then we are going to get the assurance, what you are asking for."

Com. Harper, "Right, from the federal government, I want to hear you say yes. Is that what we are going to do?"

Mr. Kohut, "Yes."

Com. Burrus, "Keep in mind the state is the administrator of the federal funds."

Com. Harper, "I know that, I just want to make sure that they don't say this is not administration or we need to call it administration."

Com. Burrus, "That is going to be cleared up before we execute this."

Com. Harper, "You are going to get it in writing, from the federal government, that our use of these funds does not violate their dictate that they gave us."

Com. Burrus, "If you think about the logic of it, the qualifications you put in that letter have to be met to go forward with it and those then would be exempt."

Com. Harper, "I just want to make sure that we do so that in three years from now a bill for $55,000.00, I think we are in right, but I want to make sure."

Com. Burrus, "Let's do that; we will execute these letters to send them down but we will not execute the document."

Mr. Kohut, "Right, absolutely."

Com. Burrus, "Everybody clear on what we are doing?"

Com. Harper moved to send the letters, hold off the execution of the document until we have it in writing that the federal government approves taking the money for the purposes of which they are being taken, Com. Evans seconded,

Com. Evans, "We need to re-emphasizing our commitment to the project, the 149 extension is absolutely critical in this county's growth. There is only one north and south road that functions as a heavy carrier in this county. 149 needs to go to State Road 30."

Motion carried.


APPOINT VACANCIES OF VETERAN'S SERVICE OFFICER; BUILDING INSPECTOR; AND ASSISTANT HIGHWAY SUPERINTENDENT

1. Veteran's Service Officer

Com. Burrus, "We have three employee vacancies that we need to address. These have been advertised, they have been interviewed, and they have been recommended by their various department heads. The first one is the Veteran's Service Officer, the vacancy has occurred since the first of the year since Sarge Feeney has been incapacitated and asked to be replaced."

Com. Evans moved to nominate James Lynch for the Veteran's Service Officer,

Com. Evans, "He has an impeccable application."

Com. Burrus, "He has a lot of formal education in the area of veteran's affairs, I think he will make an excellent candidate."

Com. Harper seconded, motion carried.

2. Building Inspector

Com. Burrus, "The next one is for the Building Inspector. This is precipitated by the anticipated retirement of Ray Weltz within probably about the next month."

Com. Evans, "This recommendation is based on the Building Inspector's recommendation and he had a considerable number of applicants to go through."

Com. Evans moved to nominate Roger Baldwin to assume the position of Roger Baldwin upon the retirement of Ray Weltz,

Com. Burrus, "Roger is currently serving as one of the assistants on a part time basis so he has had some exposure."

Com. Evans, "How long has Ray been Building Inspector?"

Mr. Thompson, "I think 15 years."

Com. Harper seconded, doing so on Ray Weltz' recommendation,

Com. Burrus, "I would say the same thing. These are all based on some pretty strong recommendations at the part of the either their predecessors or the chain of command."

Motion carried.

3. Assistant Highway Superintendent

Com. Burrus, "The third one we want to deal with today is the Assistant Highway Supervisor. This is precipitated by the passing of Jack Jarnecke and the moving up of Al Hoagland. Al has advertised the position and has received a number of applicants and has come back with a recommendation."

Com. Evans moved to appoint David James to the Assistant Highway Superintendent,

Com. Burrus, "David James is currently the foreman on the Bridge Crew and he will make that step up to the Assistant Superintendent."

Com. Harper seconded, motion carried.

HEALTH DEPARTMENT'S REQUEST TO USE EXPO CENTER FOR TERRORISM TRAINING

Com. Burrus, "We have a request from the Health Department for permission to use the Expo Center in the event of a terrorist or mass emergency of one kind or another for a preliminary treatment clinic. John, do you have any comments on that?"

Com. Evans, "I think this is a measure in order to avoid contamination of other facilities as I understand it. If Anthrax is spilled in this room, the ideal situation is to keep everyone here and bring medical treatment here. If that doesn't occur, they call the ambulances and take people someplace. They don't need to take them to the hospital because then we would have to close the hospital so the Expo Center becomes a natural central point to conduct that type of operation."

Com. Burrus, "I believe this is another provision in the overall national planning of Homeland Security and Anti-Terrorism?"

Mr. Phil Griffith, "That is correct."

Com. Evans moved to approve the use of the Expo Center for Homeland Security training of terrorism, Com. Harper seconded , motion carried.

Com. Evans, "We should probably notify Lonnie Steele of that."

RAILWAY LINE AT MALDEN GRAIN ELEVATOR DISCUSSION

Com. Burrus, "There has been a number of comments made both publicly and in private regarding the status of a railway line that comes into the southern part of Porter County from the east and terminates at the Malden Grain Elevator. There has been second and third hand information regarding the Commissioners willingness and interest in participating in any kind of financial support of keeping that railroad alive. I think our unanimous conclusion on this is we have not heard anything first hand on this point and we would certainly welcome anyone to come into any of our meetings to discuss it and present their views and their desires. At that point in time we would take action or not. Yes, Mike?"

Mike Aylesworth, "I did have a rather lengthy conversation with a consultant that has been hired by the LaPorte County Co-Op and I had talked to the general manager of the Co-Op several weeks ago because of the interest in agriculture in south county and maintaining the railhead in the Malden area. I was very active in seeing that happen when I farmed full time. I am still very interested in seeing that maintained for the sake of the economy and the rural sector of south Porter County. This consultant that has been retained has talked to the County Commissioners in LaPorte County and Starke County and had a very positive reaction on trying to help somewhat in any way conventionally possible in a limited means to maintain that rail spur. I would ask you then from the rural sector as well as the economic developer sector to do what you can to keep that rail spur open because it means I would say on the average, about $.10 a bushel on grain shipped out of Porter County to have that rail spur active and it means a lot to the economy for the farmers in south Porter County. Many people don't realize it but there is still a very active farming community that produces a lot of grain in south Porter County and that rail head is very important. There used to be a rail head at Kouts and Aylesworth but when they closed that section of the old Pennsylvania Railroad, that disappeared. So the only place to ship by rail anymore is the Malden branch of the old CSX line. So if you do what you can, we would appreciate that I will keep you posted. I will contact those people to get in touch with you."

Com. Burrus, "The grain shipment is one aspect and the other one is there is a great deal of fertilizer brought in by that rail, too."

Mr. Aylesworth, "Yes, they originally installed a new handling facility for ammonia which reduces the cost of ammonia fertilizer and hydrous among the fertilizer to the farmers as well as the dry material, ___________ and phosphate is brought in and that is also very substantial."

Com. Burrus, "I have received a number of comments coming from the agricultural community there have been a fairly balanced number of comments regarding positive or negative feelings towards this. I think our position simply is we are going to wait until we hear from someone directly."

Mr. Aylesworth, "I will take that message back to the person who had the phone call because he asked me if I had any contacts with the Commissioners and I said occasionally I see them and I will be glad to relay the feelings and start things in motion."

CORRESPONDENCE

Clerk's monthly report for February 2004 is on file.

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

Com. Evans, "This is the one we had last meeting."

Com. Harper, "My problem with this is we need to have an explanation why they are a late enrollee. I don't think we had one."

Com. Evans, "The letter from the insurance carrier says it is acceptable, it doesn't state a reason. The reason for late application says secondary insurance."

Mr. Anton, "My recollection is that the secondary insurance was lost which gave it an automatic trigger with the HIPAA, in other words, if you lose your coverage that was primary, you automatically become eligible through HIPAA as a late enrollee. That is my recollection. I did put a call into Bob, my associate, to find out what the particular event was. If you have any other business to conduct, sometimes the Auditor's office has a better insight on this and I will go over there right now and find out."

Approve Animal Shelter Services Contract with Ogden Dunes

Com. Evans, "We do this every year with the different municipalities and they were re-evaluated and the amounts changed last year to make them a little more in line for the services rendered."

Com. Evans moved to approve the contract between Porter County Animal Shelter and Ogden Dunes for 2004 in the amount of $558.00, Com. Harper seconded, motion carried.

Request to use SR 130 for Soap Box Derby

Com. Burrus, "This is a request to use SR 130 for the Soap Box Derby to be held on June 26, 2004. The state of Indiana is requiring signatures of county and city officials again this year. I don't know or understand why we are involved inasmuch as it is a state highway within the city limits. But if it is a formality, we can address it."

Com. Harper moved to allow the use of Lincolnway (130) for the use of the Soap Box Derby to be held on June 26, 2004, Com. Evans seconded, motion carried.

Proclaim June 6-12, 2004 as National Garden Week

Com. Burrus, "This proclamation will be on display at the South Haven Public Library."

PROCLAMATION
PORTER COUNTY BOARD OF COMMISSIONERS

WHEREAS, gardeners of this country produce a multitude of foods for Americans as well as enable us to export foods to other countries; and
WHEREAS, gardening instills in our people, young and old alike, a greater appreciation for nature which leads to a greater respect for our environment; and
WHEREAS, gardening furnishes a pleasant and productive full or part time activity; and
WHEREAS, our youth gardeners also yield flowers of great variety and breathtaking beauty; and
NOW THEREFORE, the Porter County Board of Commissioners does hereby proclaim June 6th through June 12, 2004 as

NATIONAL GARDEN WEEK

In Porter County, Indiana and urges all the citizens of Porter County to observe the year with educational activities and projects that stress the benefits of gardening.
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. Evans moved to approve the proclamation by the South Haven Boys and Girls Club that June 6-12, 2004 will be National Garden Week, Com. Harper seconded, motion carried.

Request to conduct survey of reptiles and amphibians at the Porter County Home

Com. Burrus, "This is from Alan Resetar with the Division of Amphibians and Reptiles at the Field Museum of Natural History, to conduct a survey of reptiles and amphibians a the Porter County Home property. This survey would run from March 2004 through August 2005."

Com. Evans, "They are going to catch and release everything immediately. They are not going to take anything off of the property and hopefully this survey will be reported back to the new owners of the Parks and they can know what kind of critters they got."

Com. Evans moved to approve the request for Alan Resetar to conduct a survey on the Porter County Home property, Com. Harper seconded, motion carried.

Com. Harper, "Two weeks ago I asked for this bid so I could submit it and get some input on it. The reason I did that was because I understood that I did not understand the bid. I was just thinking about the things we talked about here today; we talked about railroad lines; demolition of buildings, bids on power equipment and things that are outside my area of expertise. I have learned that mistakes are made sometimes when I don't understand what is going on. So I asked for some comments on it and I want to apologize to you, Dave, because I asked that they be faxed to you and I thought you had them for several days. Some of them may not be valid, or maybe none of them are valid. What I would like to do is, I find that you have comments, I like to take this up right when we do the Plan Commission, take a ten minute break because I, like Com. Burrus with his engineer background, like to have a few minutes to read these over and maybe he has come comments on them. Maybe we shouldn't even consider them, but I just like to have some input on that so if you wouldn't mind, Com. Burrus to look them over."

Com. Burrus, "We are late for the Plan Commission portion and we also have the reply coming back from Mike Anton. At this point, why don't we take a ten minute recess and upon reconvening, we will address this issue as well as the insurance and then we will proceed with the Plan Commission. Mike, are you prepared to shed any light?"

Late enrollee explanation (Jackie Pursell)

Mr. Anton, "Yes, I am. I might preface my remarks here, we are going to change our approach here because this is a little bit unclear. There are two kinds of late enrollees, the one we are more open to is the ones that are pursuant to HIPAA which guarantees portability and six triggering mechanisms, somebody loses coverage elsewhere they can automatically come under our plan without limitations, for example, through their spouse or as a dependant. In this particular case, the employee has asked that her husband be added as a dependent to her policy and make the appropriate contributions and come on a secondary to our plan with full limitations to the contract. So any pre-existing issues would exist to this particular dependant and there is no HIPAA compliance involved."

Com. Harper, "I just want to ask you a few questions. I think you should change the procedure and I think we should have a written explanation for these late enrollees."

Mr. Anton, "I know this is confusing and it is confusing to me because when I think of a late enrollee, I think of HIPAA compliant issues."

Com. Harper, "I think it is somebody that hasn't been paying in the policy and then all of a sudden has a medical problem and its convenient to jump on the policy that some of the other employees have paid for. I am not saying that is the case here but I want to try and watch out for, okay, because late enrollee, that is what it means to me when I hear that word. Why has this person who asked to be put on the policy at this time, already receives some major medical treatment that we are going to pick up?"

Mr. Anton, "The only exposure the County will have in terms of this individual's medical benefits would be in the secondary role."

Com. Harper, "I saw some stuff on the bill. . ."

Com. Evans, "There is some pre-existing conditions there and I don't think we should get into those. They are not covered, right?"

Mr. Anton, "Not for the first year. After that he would be covered. In other words, this individual has coverage elsewhere, probably through his employer. So their benefit plan would go first and if there is any residual amounts due, they would come to the Porter County Plan and he would have to satisfy his Porter County deductible and any other conditions of our plan. We would be in for a significantly lesser position."

Com. Evans, "Are we required to do this?"

Mr. Anton, "Basically, yes. Because we have that kind of enrollment in the county here that will allow him secondary benefits, not primary because you have the spousal rule in the county."

Com. Harper, "Why do we call them late enrollees? That is what I don't understand. If I was on the plan, and I'm not, but if I was and if my wife had no problems or anything but I just decided to add her and I walked in today and asked to put her on the plan, would you call her a late enrollee and would I have to come before this body to get an okay?"

Mr. Anton, "Yes."

Com. Harper, "Why?"

Mr. Anton, "Because of if she was outside the eligibility issues says that you will enroll an applicant within thirty days of employment for eligibility and with your hypothesis that wasn't the case so you have to apply for late enrollment status. Now there is in fact, two types of late enrollee. One that would be HIPAA compliant, and one that isn't. What we are saying here is this is not HIPAA compliant, but as a secondary insured, this county employee is within her rights as under the county plan to add him."

Com. Harper, "That's fine; I just wondered why it was called a late enrollee. If that is the case here, that's fine. I think we should have a written explanation when they come up."

Mr. Anton, "I agree."

Com. Evans, "This is the first I have not seen a written explanation."

Mr. Anton, "I apologize for that and it won't happen again. We will have a detailed explanation of what is going on."

Com. Burrus, "So the definition of a late enrollee is somebody who has not enrolled during that prescribed period of time."

Mr. Anton, "Correct, and from there you have the HIPAA compliance and non-HIPAA compliance."

Com. Evans, "So anyone that wants coverage after thirty days from the renewal date is technically a late enrollee."

Mr. Anton, "Not from the renewal date, from the eligibility date. In other words, if you have triggering mechanisms so if you have a spouse, for example, and you come as a Porter County employee and at that point, you do not. . . ."

Com. Evans, "Everybody's date could be different because if we hire somebody today, their time starts today and within thirty days they could put somebody on who would not be a late enrollee but if they waited until next month, they would be."

Mr. Anton, "Correct. And then we have to have the reason why as to what our benefit issue is going to be. Because if they are HIPAA compliant, then there would be no pre-existing conditions issues. We have to accept whatever we get."

Com. Evans moved to approve Jackie Pursell as a late enrollee, Com. Harper seconded, motion carried.

Com. Burrus, "We will have a ten minute break and go into the Plan Commission session when we get back."

AFTERNOON SESSION, PLAN COMMISSION

Release of bids for communication system at E911

Com. Burrus, "We will take care of our unfinished business from E911 this morning first which hopefully will only take a few moments. And that has to do with the release of bids for your communication system. Where were we when we left off?"

Mr. Sheibels, "Requesting that the bid for release, I have copies here for the Auditor's office, and is notated on the Board of Commissioners release document here that it is available for pick up at the Auditor's office tomorrow morning starting May 30 or approximately 30 days until the next Commissioner's meeting. After that, you will open the bids and put the bids under advisement for the Radio Task Force review."

Com. Burrus, "The concern that Com. Harper had mentioned and passed you a copy of, we feel that it can be accommodated within the provisions of the bid documents that any concern they might have might be able to be interpreted by them, what flexibility that we have."

Mr. Sheibels, "With one of the vendor's concerns, certainly will be complying to if they decide to go with the bid process."

Com. Burrus, "And I think in our discussion during the break we are satisfied that they do have a fair opportunity. That is where we are."

Com. Evans, "Just a comment, we meet every two weeks so we can set a date specific for the receipt of bids."

Mr. Sheibels, "Yes, it is in the documentation and in the bid itself for Wednesday, May 5, 2004, the meeting was extended one day because of the election day. That is all documented appropriately."

Com. Evans moved to allow the release of bids and to receive them on May 5, 2004, Com. Harper seconded, motion carried.

Com. Burrus, "Did you have a Tiburon issue, also, Dave?"

Mr. Sheibels, "We are going to defer that to the next meeting."
Rezone, I2 to RR, Bearcreek Investments, LLC, 2nd reading

Mr. Thompson, "This is second reading for an ordinance, Petitioner is Bearcreek Investments, LLC, requesting amendment to the Master Plan for a parcel of land of I2-General Industry be rezoned to RR-Rural Residential."

Com. Burrus, "Apparently you must have discussed this at our last meeting?"

Com. Evans, "Yes we did. It is up off of Highway 12 between 20 and 12 and this fellow said he parcel behind the glass works up there and put one home on his 5 ½ acres. I did go by there, it is a gorgeous setting, should be a very nice house. We are removing the industrial zoned parcel."

Com. Burrus, "Sounds good."

Com. Evans moved to approve the rezone of Bearcreek Investments from I2 to RR on second reading, Com. Harper seconded, motion carried.

Mr. Thompson, "I just wanted to let you know that May 5 and 6, the Plan Commission is going to be hearing six consultants for redoing our Master Plan. I am getting a group of questions put together for them for their presentations. There will be 3 each day."

Com. Burrus, "Is there anything we missed at this point? Hearing none, we will stand at recess."

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