PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, MAY 18, 2004
10:00 A.M.

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, May 18, 2004, in the Commissioners Chambers of the Administration Center.

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

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

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of May 17, 2004, Com. Harper seconded, motion carried.

ENVIRONMENTAL SOLUTIONS GROUP REPORT -
Brian Gericke, ESG Consultant

Com. Burrus, "Our first item of new business is a report from The Environmental Solutions Group presented by Mr. Brian Gericke. Brian if you would come forward and have a seat. The Environmental Solutions Group is a firm that we had engaged about a month ago to give us a second opinion on the air quality status at the Courthouse and Brian has some findings that we want to share today and also possibly some recommendations of further actions. Brian, would you care to summarize your findings?"

Mr. Gericke, "Good morning. I basically went out to do some sampling, check for mold, possibility of (inaudible). The air samples that we did collect showed that most of the mold spores that we found inside the Courthouse were similar to the mold found outside, which is what we want to see. They were also inside less concentration than was outside. Again, this is something we like to see. The mold spores that we found do not really appear to be too much out of the ordinary. It is kind of typical of what we like to see for something like that. It doesn't appear that anything really abnormal is going on with the air samples. We also conducted some swab samples based on some visible observations that I made. There were a couple of offices that had some tile baseboard peeling, peeling back a little bit. I did pull those back, I observed some brown staining in two of those areas so I collected a swab sample of that to confirm and to check to see what was there. One area did show that there was some mold, a high concentration. The mold that we did find, there was a minimal amount there, there wasn't a lot there. There could be some more behind the bottom baseboard that we could find back there. There is two other areas that need to be checked that has some water damage, with the swab samples. They show a little bit of mold there, but not a significant amount will grow. That is mostly because there is some moisture source there for them. Basically, is allowing some mold to grow with that, however, the plaster that is there is not really a good food source so that mold is now going to have another area. You have the bottom baseboard in pieces, which kind of does that because it is a food source for them. With some moisture there it shows some indication. We also did some wall, core samples, of some of the drywall in these areas. Basically, we drilled a hole 2 inches in diameter. We removed those core pulls out, looked behind to see if we could see mold growing back behind that. Those areas we did not see any mold growing in those core samples. We also collected a couple of air samples in a couple of the wall cavities in a couple of those same areas to try to determine if there any indication of mold growing back there. There just some basic background spores, that I would expect to be normal and typical with that kind of area. They did not show mold or anything growing back there at that point. There is the moisture problem going on there. There is a white, powdery substance that has been observed throughout the spore areas. That's typically associated with moisture content falling through the building as it leaks out. The water is going through and attaching itself to certain objects like, salt, and things that are cementious type material. So there is obviously a water problem going on. We did ask somebody to come out to look at that. Those areas to see if we could so something to solve the problem. Apparently, it doesn't look like it is going to be something that is going to be real solvable. With means of getting it done quickly and accurately enough so we need to address the issue of doing some other things. Basically, some of the recommendations I am making here, based on sample results and the inspection we did. Looking at cleaning up some of the mold that we did see in one area, we need to look at addressing that. Also look at removing some of the vinyl baseboards in the area and check for any mold growing back there and if there is we will address that. It would probably be a good idea to remove some of the baseboard, maybe leave it off and clean up those areas, that way we do not have a food source for mold there. We can try to address part of the problem that way. Then we need to get rid of the mold. Again, there is just a slight amount of mold that I saw so it doesn't appear that it is real wide spread, but it does need to be addressed. Some of the other things, just using good air filtration system will help remove spores that are in there. I recommend for not only County, but everybody's house that is kind of typical. Just keeping the humidity levels between 32 and 35% and that also helps stay, or keeps mold from growing. I did do some moisture or some humidity readings while I was there. They were all between 20 and 35%. So that is a good indication that the humidity levels stay down, that's what we want to see. I think at this point, I'll just have you address any questions that you have."

Com. Harper, "Well you know there was a study ordered a couple of year ago that found that there was no more mold inside as outside the Courthouse. That's the same thing you found. Correct? "

Mr. Gericke,, "Basically, but what was inside were lower levels than outside. That's what we like to look at, it is what we like to look at and see."

Com. Harper, "So I hear you saying that at least as far as air quality, your study agrees with another study that the mold in the sources in the air inside are less than outside in the natural air. Correct?"

Mr. Gericke, "That's correct."

Com. Harper, "That because of water, you did see some sign of mold in the Courthouse."

Mr. Gericke, "Yes. And again, with mold, the key is moisture. If you have moisture, or a food source for it, it could start to grow if there is enough moisture for it. That's apparently what is happening here."

Com. Harper, "For example, in our homes, in the shower, because it holds water."

Mr. Gericke, "Yes, it's a high humidity, a lot of water, that's why almost every shower we see mold growing in the shower."

Com. Harper, "And so because of the fact that there is some there even though the air quality doesn't seem to be affected at this time, you are suggesting that we look at some remedial ways to take care of it so we don't have any there at all. Is that correct?"

Mr. Gericke, "Yes, again with mold, if you don't want mold in your house, the best idea is to get rid of it. Maintain that. Take care of it that way."

Com. Harper, "There are several ideas, including filters, cleaning, taking away some of source. Most of the Courthouse is plaster?"

Mr. Gericke, "It appears that most of it is plaster."

Com. Harper, "That is not a good source for mold?"

Mr. Gericke, "It is not a good food source."

Com. Harper, "So just, some ideas you have, you are suggesting that we take a look at."

Mr. Gericke, "Yes, that's correct."

Com. Burrus, "In following on with Bob's comments there, Brian, you indicated that for any kind of mold, any level to exist, there has to be a certain amount of moisture present and a certain amount of food source available that would sustain that. So the recommendations that you are coming up with then would lead us towards both reducing the moisture level and reducing the food source levels. Is that correct?"

Mr. Gericke, "Yes, that's correct."

Com. Evans. "You mentioned an air filtration system when the OSHA guy was through, he commented that the air filtration system in that building was probably one of the best that he has seen in any remodel which is that is 10 years past the original remodel stage. The air handling system and the air filtration was one of the best. Is there something we can do to improve that even further to help alleviate the problem?"

Mr. Gericke, "You can go almost area by area and look at filtering in that area, and again, that is a possible solution. You have basically two systems going in there; the main system and you have another supplemental system going in there. That could certainly help out as well."

Com. Burrus, "Brian, you made the recommendation that we talk to another vendor that does provide a supplemental filtration device that can be used randomly throughout the building. They have made a presentation in the form of a brochure to us. Are you familiar with what that device does? Is that consistent with what John was asking about?"

Mr. Gericke, "Yes. What that system does is two things; one it is a filtration device. It will filter the air and two, it is also a dehumidifier. It will break any of those down in there. The humidity levels at this point seem adequate. We want to have them definitely below 55% usually. Like I said, they were no higher than 35%. So that the humidity levels at this point, they were adequate. They were sufficient. And if you wanted to do the other things, the filter and the dehumidifier."

Com. Burrus, "This board has made the committement at a previous meeting, that we want to follow through on this to whatever extent is necessary to bring about the best quality of air as possible. Would you be available to prepare a plan of action that would encompass the various steps that we would be looking at as far as any kind of remedial action falling under your recommendation. Then possibly coming in with some specific contractors that you could recommend or some method of accomplishing this and that would be under your supervision?"

Mr. Gericke, "Yes, I would be able to do that."

Com. Evans, "Should we revisit this in two weeks with that plan in mind and hopefully put in action. Is there something we can do in the meantime to begin moving the baseboard trim?"

Mr. Gericke, "At this point, we need to look at doing that and trying to address that pretty soon. I think that is one of the first steps we need to do."

Com. Burrus, "The concern I have on that is that we do it in a coordinated fashion such that when that is removed we are prepared to clean everything. Everything has a tip to tail function. Personally, I would like to wait and start it with a complete plan in hand."

Mr. Gericke, "I agree."

Com. Harper moved to revisit this issue in two weeks with Mr. Gericke bringing back a plan, and a report with vendors, and show all the information to Johnson Controls to see if they have anything to add to it, and be prepared to take some definite action in two weeks, Com. Evans seconded, motion carried.

ORDINANCE 04-14,BUILDING DEPARTMENT ORDINANCE, 2ND READING
Ray Weltz, Roger Baldwin, Building Dept. Inspectors

Mr. Weltz, "Good morning. The last meeting we had first reading on the draft of a new ordinance for the Building Department, amending the old ordinance which were somewhat generic. Things were added such as the code books we use now were different on the prior ordinance and the way they are listed now is they would basically stay the same even if the code book did change. There were some other things added such as we received payment of a check that was insufficient funds that the person could not get another permit until such time as all that was cleared. Through the whole thing, there has just been some word changing."

Com. Burrus, "This has been discussed previously at the first reading?"

Mr. Weltz, "Yes."

Com. Evans moved to approve Ordinance 04-14 on 2nd reading, Com. Harper seconded, motion carried.

Mr. Weltz, "Once you signed this, I need two copies to send down to the Department of Fire and Building Services for their final approval. Once that is done, then it would become law and we need to get it recorded."

Com. Burrus, "When is your last intended day, Ray?"

Mr. Weltz, "Last Friday."

Com. Burrus, "Okay, I have been absent myself for a little bit, so I would like to take this opportunity on behalf of the county to express our appreciation, Ray, for your number of years of service. In particular, I want to say something as to the integrity of the Building Department that has developed and increased under Ray's supervision. That area of responsibility has an awful lot of discretional authority. There has to be a fair and equitable implementation of building inspection requirements and I think Ray has brought that level of expertise and expectation to the department and at the same time he has worked hard to develop a relationship of trust with the building community. I think that when the need has been necessary he has filed the action to stop construction to make sure remedial action has been taken. He has assured the safety and the integrity of our building structures in Porter County but at the same time this level of trust has developed a working relationship such that there is no effort to try to hide something when Ray comes around. So we are very fortunate in Porter County to have had and to have experienced a level of integrity in our Building Inspection Department that is second to none. I think Ray is the sole person responsible for that type of function. From my personal point of view, Ray, thank you for all of your service and everything you have done for us."

Mr. Weltz, "Thank you for the opportunity to serve Porter County."

Com. Evans, "I would like to echo Dave's sentiments, he hit the nail right on the head so to speak. He is fair, honest and always consistently applied is what I always heard about the way you handled your office. That is the best compliment to be. Tough shoes for Roger to fill, but I think you can do it."

Com. Harper, "And I would like also to echo what Dave said. Thank you, Ray."

OFFICE HOLDERS/DEPARTMENT HEADS

Open Radio Release Bids--
Dave Sheibles, E-911 Director

Com. Burrus, "We are talking about our communication radio system that we would like to initiate upgrades on as a result of some Homeland Security Grant funding. You may have some very specific formats on the bidding process. Is this going to be I a format that we can read competitive bids or should we take them under advisement?"

Mr. Sheibels, "Should be able to read the front page. (inaudible comments.)"

Com. Burrus, "Would it be appropriate to read the entire list or just the grand total on required items?"

Mr. Sheibels, "Just the grand total."

Com. Burrus, "Our first bidder is from Miner Electronics Corp of Munster, Indiana. The total of required items is $288,181.00. The next bidder is Tri Electronics, part of the confusion is they have given us about five copies here. The grand total of required items is $216,189.00. They are located in Hammond, Indiana. The next one is from NIC Technologies of Valparaiso. It appears we have three copies of their proposal. If I have the sheet I think is the final total, their total is $139,063.02. I am hoping that is a complete figure. We will confirm that during the review.

Com. Evans, "There is almost $150,000.00 disparity here, there has to be something else."

Com. Harper, "How much is the grant for?"

Mr. Sheibels, "There are two grants involved in this project; one is the state grant for approximately $125,000.00 there and we have a Department of Justice grant which we are earmarking for another $150,000.00 to $200,000.00 on that."

Com. Burrus, "Our procedure at this point, then, you will take these under review and come back with a recommendation. For the record, I would like to make sure we are all aware that the last bidder, NIC Technologies was received after the deadline and they will also have to take under advisement any kind of legal review if that is accepted."

Mr. Sheibels, "We will report back at your next meeting."

Com. Harper, "Sheila, when was the deadline for these to be received?"

Ms. Riley, "Deadline was 4:30. I had two girls that were working in the real estate last night and they said it got here about 20 to or a quarter to 5:00 last night. But the girls in the front are not to take anything for the girls in the back."

Tank Use Agreement-Highway Dept.
Al Hoagland, Highway Superintendent

Mr. Hoagland, "This is an equipment loan agreement and it requires your signature. The only reason we are having it reissued is the last one expired. It is for 2 $8.00 a gallon (inaudible.) We have had the county attorney check it over."

Com. Burrus, "These are tanks that are supplied for storage purposes of asphalt liquid? They are provided by a vendor on our site so that we have the ability to take liquid on site and hold it until we use it, correct?"

Mr. Hoagland, "Correct, and the vendor pays for the insurance."

Com. Evans moved to accept the Tank Use Agreement as presented, Com. Harper seconded, motion carried.

Award Bridge Proposals
David Schelling, Highway Engineer

Com. Burrus, "We are in receipt of some proposals that deal with the rehabilitation of Joliet Bridge and Dave Schelling is here to present that."

Mr. Schelling, "Good morning. I do see a couple consultants in the audience. Tri-R Group, (inaudible) and Collins Engineering. I just wanted to acknowledge them. I don't know if there is anybody else here from any other firm. This is really a difficult situation. We requested proposals for Bridge 1010 Joliet Road over the CSX Railroad and received 18 proposals. Each and every one of these consulting firms are quality firms and each one of them could do the work. It is really a win win situation for the county. We can't go wrong with any of these consultants. I don't know how the Commissioners want to handle this. Select several firms to interview?."

Com. Burrus, "Let me step in if I could for a minute, Dave. At our request, I believe you have gone through the analysis and come up with a short list of at least of four. Is that correct?"

Mr. Schelling, "Yes."

Com. Burrus, "I believe also among those four you have ranked those in terms of priorities with your recommendation."

Mr. Schelling, "Yes."

Com. Burrus, "Would you care to share with us at this time, for the group here, the names of those four and the ranking that you are recommending."

Mr. Schelling, "Yes, I'll go ahead and give the ranking from the top to the bottom. They're really close. They are all great, though, DLZ was the first one, The Troyer Group; Butler Fairman & Seuffert; and RW Armstrong."

Com. Burrus, "Okay, are you prepared at this time for us to make a decision on this or do you have any further review that you want to conduct?"

Mr. Schelling, "You can't go wrong with any of them. I don't we need to review anything more."

Com. Harper, "Your first one was DLZ?"

Mr. Schelling, "Yes."

Com. Harper moved to accept the recommendation of DLZ, Com. Evans seconded,

Com. Burrus, "With the motion and a second, I would like to make a comment also and I have reviewed some of these proposals myself. Particularly the top four and I want to simply acknowledge and endorse what David said. We were very fortunate to have a large number of very top quality firms compete for this. Obviously, our requirement is that we narrow it down to one and that's not an easy thing to do. David we appreciate the analysis and the work you have done in recognizing that it has been a very difficult situation. We want to take this opportunity to thank all those firms that did apply and did give us a bid. We know that it is a competitive environment out there. Every project has a great deal of value but we then will take a vote then on David's recommendation and that would be for accepting the proposal of DLZ Engineering Firm."

Motion carried.

Mr. Schelling, "Can I bring a couple other items up?"

Com. Burrus, "Yes, you may."

Mr. Schelling, "I just got, we are into our second fittings of group inspection. I got my first invoice for that work and conjunction with that we submit bills or claims to INDOT to get reimbursement. I want to get the claims in as fast as possible so we can the money back. The first reimbursement would be for $5,519.48. If I could a signature on that, I would appreciate it."

Com. Burrus, "Once again, this is a bridge inspection requirement that the County and all Counties are required to go through and there is a certain percentage of reimbursement from the Indiana Department of Transportation. Is that correct, Dave?"

Mr. Schelling, "Yes, sir."

Com. Evans, "Okay. Is there any further discussion on bridges now?"

Com. Evans, "How many bridges are there?"

Mr. Schelling, "126."

Com. Evans, "How many have the water listing?"

Mr. Schelling, "I am not sure, I think there are about four."

Com. Burrus, "Any further discussion or is there a motion to move on this?"

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

Mr. Schelling, "The next item I have, is Bridge 58, over the Kankakee River. It is Baum's Bridge Road. I need an application for several funds before rehabilitating the bridge, putting an overlay on it and doing some work in the water where there is some deterioration of the piers. We were approved for $212,000.00. I have a commitment I would like to have signed."

Com. Evans, "What's our match?"

Mr. Schelling, "It would be about $50,000.00."

Com. Burrus, "The amount of this grant, you said again, was how much?"

Mr. Schelling, "$212,000.00."

Com. Burrus, "$212,000.00, then approximately $50,000.00 would come out of our bridge fund?

Mr. Schelling, "Yes."

Com. Burrus, "Okay."

Com. Harper, "What is this going to be used for?"

Mr. Schelling, "Rehabilitation of the bridge."

Com. Harper, "Baums?."

Ms. Schelling, "Yes."

Com. Burrus, "Any further discussion?"

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

Com. Harper, "Since you asked for 2 more things, can you check on that railroad track on Highway 2. Apparently, it is getting rough. We haven't been over it in quite a few days. Maybe you can throw some more patch in there."

Mr. Schelling, "Yeah, that's Grande Trunk. I will try to find out what their schedule is for making permanent repairs. That's really ridiculous."

Com. Evans, "Yes, you can throw some more patch on 900 North and Meridian. I mean, I know they are trying to do the whole crossing in 60 days, but it is pretty rough too."

Com. Burrus, "Before you leave, I have one comment that I would like to make also. That has to do with the efforts we are seeing today. Today's efforts on applying for and securing INDOT administered Federal Grants for Porter County highways. This bridge today that we dealt with represents nearly a quarter of a million dollars and on annual basis we see this similar kind of successes. About two or three months ago, we announced that Porter County had been successful when receiving a $2.6 billion dollar grant, a federal grant administered by the state to upgrade a portion of County Road 600 South, I'm sorry,100 South, running from State Road 2 towards 600 West, I believe it is. At any rate, that represented half of the road work that needed to be out there and Dave is applied again for reconsideration for the second phrase of that. He will be going to Indianapolis, Thursday of this week, to present that application. I have signed a letter for him here today as the Commissioner of the South District endorsing that application and encouraging them to look favorably upon it again. I just wanted to thank Dave for his efforts and point out some of the successes that we have seen here in the recent years."


REQUEST FOR HIGH SPEED INTERNET SERVICE-
Nancy Kolasa, Pine Township Assessor

Ms. Kolasa, "Good morning, I am Nancy Kolasa, Pine Township Trustee Assessor. In the past, the Porter County Assessor's Office always did all the data entry work, computer entry work for the Trustee--Assessor. We have always been considered part-time. They have always ran all reports that need to be done, our salaries and our budgets reflect the fact that we are part-time. (inaudible) offices are. In January of this year, Shirley told us the Trustees- Assessors that we would have to start doing our own data entry work. It just causes any extra duty for us. We also were all hit with a lot of appeals. I think no one in Porter County expected us to have ended up with 3,500 appeals but we did. There is no dedicated work station for the Trustee-Assessor in the County Assessor's Office to do the work. So we tried to think of some different alternatives of what we could come up with. One of the ideas was that we could put a computer in my office. Candy from Westchester offered to plug her computers, or borrow, until a more permanent arrangement could be made. I have in my budget, enough money for regular dial-up internet but evidently because I am SBC and the equipment is old, my office is too far, we can't safely figure out. Dial-up will not work with the Plexus system. Plexus has too much that has to travel back and forth through the lines. The only alternative is high speed internet. It is available, except that it is costly. I don't have the money in my budget. I was wondering, I know the Commissioners pick up the phone service for a few of the Assessors' Office- Center and Portage-thereby, because they are in your county building, and so you pick it up. Also, you pick up Liberty and Westchester. I was wondering if you could pick up the cost of high speed internet for Pine for the rest of the year."

Com. Evans, "I am in favor of your request, I think you do an outstanding job up there and you need to be able to. The alternative is to come down to this building and to do the work."

Com. Burrus, "Hearing that, is there an estimate on what that cost might be?"

Ms. Kolasa, "Probably around $900.00 for the rest of the year. Installation is pricy because it's (inaudible) and it's high speed."

Com. Burrus,, "Do you have any idea what the cost would be once the installation is done, on an annual basis. Are we looking at $1,000.00 a year?"

Ms. Kolasa, "About $125.00 per month"

Com. Burrus, "$1,400.00, almost $1,500.00 a year."

Com. Harper, "Can you tell me why you didn't go the Council to approve this money?"

Ms. Kolasa, "I have submitted an additional appropriation but it will take another 2 months. That just delays getting the appeals started and getting them moving. Even if they approve it this month, the state wouldn't approve the additional until next month. We would have to wait 30 days. By the time you start doing it, you are looking at August, before we could really get started. This was an alternative. We are coming up with a lot of ideas of what we can do to keep moving."

Com. Harper, "Let me ask you this, you say that for years, the Assessor has done this, the County Assessor has done this data entry for you. Who does it in other counties? How does it work in other Counties? Do you know?"

Ms. Kolasa, "I really only asked LaPorte County and I believe they do all data entry."

Com. Harper, "The LaPorte County Assessor does?"

Ms. Kolasa, "Yes, I believe she does. I haven't talked to her about it. But I don't know if they do it for every township.

Com. Harper, "And we, out of our budget now, are paying internet access for two assessors that do not have offices in this building, is that what you are saying?"

Ms. Kolasa, "(inaudible) service for Westchester."

Com. Evans, "They have DSL. I think they have DSL. I think they have DSL connections. You are absolutely right, we pay everything for the Center Township and for the Portage Township. Portage Township using our wireless satellite system."

Ms. Kolasa, "This is sort of like, kind of an emergency, if we don't start getting these appeals moving, we are going to have all of these erroneous tax bills. Just keeps clogging the system."

Com. Evans, "If we were to approve this till the end of the year, Nancy, would you have funds for next year to take it upon yourself?"

Ms. Kolasa, "Probably not. I would have to ask the Council. Or maybe Shirley is going to take back that duty anyway. Everybody is up in the air about everything. I don't know if she will take back the duty of just the Assessor's data entry work. I don't know who is going to do that. I don't know yet."

Com. Evans, "How about if we pass this in a way that would allow you to have that access to the end of the year and prior to the end of the year, if you take it up with the Council and if you can't come to an accommodation, then come back to us before we go into the next year."

Ms. Kolasa, "That's sounds like a good plan to me."

Com Evans moved to approve paying for high speed internet for Pine Township Assessors,

Com. Harper, "Let me say, I think that is a matter for the Council, but I also think (inaudible) the Assessor's Office. I think, in my opinion, that this should be funded through the Council. I will second the motion, because this is an emergency, but I don't think I can vote for this next year. So I think it needs to go before the Council and you need to work it out on how it is going to be done."

Com. Burrus, "With that thought in mind also that gives us a couple of months preparation for the Council."

Com. Evans, "I think she should be commended for your foresight in seeing that you weren't going to be able to do that in the time allotted."

Com. Harper seconded, motion carried.

Ms. Kolasa, "Thank you very much."

TRACTOR PURCHASE AGREEMENT BETWEEN EXPO CENTER AND AG SOCIETY
Lonnie Steele, Expo Center Director
Dennis Steinhilber, Ag Society President

Com. Burrus, "Next item, Lonnie, you have an issue today for us."

Mr. Steele, "Good morning. I would like to introduce Dennis Steinhilber with the Porter County Agricultural Society, he is the president. The two of us have a proposal to make and that is now that now we have a tractor used at the Expo Center and for the Fair for 25 years. The tractor is 25 years of age and is beginning to show signs of wear and tear and not adequate to do the job any more. The Agricultural Society and the Fair Board has suggested that they would be willing to donate a good portion of, a sizeable portion of the cost of that tractor, to the Expo Center. If we would assure them that they would have that nobody use that tractor during the time of the County Fair. That would be used for County Fair purposes only. The idea is that, the tractor that we are looking at to serve our needs, would be approximately $35,000.00. The Agricultural Society is prepared to pay, donate, up to that amount of money. It would be to our advantage to purchase this tractor as a governmental purchase rather than an AG society purchase so we are looking at saving a few bucks as well as having a tractor we are going to use 365 days a year at both the Expo Center and the County Fair. The way that this process would take place is, with your permission, to go forward with this purchase. The Agricultural Society is recommending that they bill it to our Expo Center donation account an amount of money with an agreement with an earmark that says they willing to use that tractor for Fair use in lieu of their donation. So we are seeking approval to purchase that tractor instead of the process of putting out the bids necessary for us to make that purchase."

Com. Evans, "One point of clarification, the existing tractor that we have now, is used for the Fair during the Fair week, or weeks, I guess I should say."

Mr. Steele, "There was a similar situation that took place, I believe the Agricultural Society purchased that tractor and donated it to the Expo Center at the time of the transition from the old Fair grounds to the new Fair grounds. The Agricultural Society, to verify this, would be willing to have this title to the Expo Center with the condition that they have the ability to use it for Fair time."

Com. Harper, "Do you have some sort of agreement that you prepared for that?"

Mr. Steele, "I do not have that prepared at the moment. But with your approval, we would move forward with that agreement, yes."

Com. Harper, "Do you have the tractor insured? Liability insurance on it?"

Mr. Steele, "That John Deere tractor? Yes it is."

Com. Harper, "Who pays that?"

Mr. Steele, "We all do."

Com. Harper, "Who budgets it?"

Mr. Steele, "Expo Center."

Com. Evans, "How can we lose? You buy the tractor, you can let us use it as long as we let you use it during the Fair and we are going to have the title to it. It sounds like a no-brainer to me."

Com. Evans moved to approve, Com. Harper seconded subject to having the County Attorney look over the agreement,

Com. Harper, "Does that need to go on the next agenda."

Atty. Rinkenberger, "I think everything does, Bob. They want to proceed with the approval of the bid before the next meeting."

Com. Burrus,, "I think your motion, John, is to approve it subject to your comment about the using it during the Fair, is that right? Okay, if that is correct then, any other comments?"

Motion carried.

Mr. Steele, "Thank you, we appreciate it."

ZONA WILDLIFE SANCTUARY PROPERTY--PATHWAY OF THE TRAILS
Ed Melendez, Parks Superintendent
Frank Zona
Maryann Zona-Gregg

Com. Burrus, "Next we have Ed Melendez and the Zona family, I believe. Good
Morning and welcome."

Mr., Melendez, "Thank you for squeezing us in."

Ms. Zona. "I am Mary Ann Zona. This is my brother, Frank Zona. I am here to talk about the trails and to get signatures from the Commissioners here. There are 2 trails that we want to be installed this fall. One trail is on the east side of the sanctuary and one on the west side. They are large. Pat Tabor has put a lot of work into it. The trails have not been put in and we are wanting to get our approval to do it this fall. The bio study is going to be done this spring\summer by the costal grant money that we are supposed to be getting and also the seeded money that is proposed. Once the bio study is done, we want to put the trails in this fall. Is there any cost? No, there is none. The labor will be free because the Wildlife Board has volunteered. Probably the Boy Scouts to put in the trails and we will have mulch provided. The project will be completed, like I said, this fall, 2004 after the bio study. So why we are here today, it to get your approval for this. I will just give you this paper. We have had the property surveyed with an agreement with Kim Gorski and that he would be paid in July after we the CEDIT money and the grant money that Mr. Melendez and I have worked on to provide funds also. As you see from the paper here, is just the talk about the CEDIT funds and that is about the bio study to be done to have property markers, signs, benches, parking lot created. That just kind of gives you an outline what we have planned with the funds. My brother can show you, this is the survey that has been done and documented."

Frank Zona, "There is only thing that I want to bring up today and that is in our household, it was always known as the 80 Acres. Due to the survey in, it is 91.4 of an acre."

Com. Burrus, "To put this in perspective for my own personal feeling. The CEDIT Plan that the Commissioners have adopted has a sum of money annually to the Park Department and an additional sum of money earmarked for the Zona Property. What you are talking about today, I assume is the plan for the Zona Property. If my memory serves me correctly, the annual contribution to the Zona Property, as least for the initial period of that project is about $25,000 a year. We can discuss your plans and we can do whatever we think is appropriate, but I think it would be beneficial if the contents of the plan for this parcel were a component of the Parks Department plan."

Mr. Melendez, "This was proposed to the Park Board last week so that had that in there for a tentative plan for the first year."

Com. Burrus, "Generally speaking, when this Board made the allocation for funds to the Park Board, that we were going to rely on the Park Board to come back with the Plan and we would endorse their recommendation."

Mr. Melendez, "That is correct. What we wanted to give you is a tentative idea what that money was to be used for."

Com. Burrus, "So you are not asking for any action on this today?"

Mr. Melendez, "No, we just wanted to bring it to your attention."

Com. Evans, "Dave is the first to sign off on the plan as they presented it. I know the car is still there?"

Mr. Melendez, "We have an update on the boundary lines so we will get the addresses and get it to the appropriate parties. The neighbors have been pre-warned that we had some contact with them so they understand and they know the letter will be coming."

Com. Burrus, "Now what is the purpose of this document you want signed today?"

Mr. Melendez, "As you remember in our initial agreement that was signed, any work that was to be done before appropriate groups were to oversee the property was in agreement before any projects would start. What this would do is the initial trails that people walk on has been marked out and the bio study is completed, then the trails will start to be built in the fall. Then we can start opening the gates and have some guidelines."

Com. Burrus, "So it is an agreement document that endorses the plan?'

Mr. Melendez, "It is not part of the CEDIT plan. It is part of the initial agreement between the Commissioners and the family."

Com. Harper, "And it is providing for a lot of volunteer labor in conjunction with the Park Department's plan and I think it is an excellent project. The whole thing is excellent; the donation of the land; the Parks' worked on it, the family has worked on it; the Wildlife Committee and so on. I commend you all for what you have done."

Com. Evans, "I just want to know Frank, when you took the corn to the market, did they pay you for 91 acres or for 80?"

Com. Harper, "This proposal is 4.7 acres; that doesn't have anything to do with that property, does it?"

Mr. Melendez, "No."

Com. Burrus, "Any further discussion before we take a vote on this?"

Com. Evans moved to accept the plan as proposed, Com. Harper seconded, motion carried.


REPORT FROM COMMISSIONERS

North District: Com. Evans

1. Liberty Minor Subdivision 1617-C-1 Road Agreement, located on the east side of CR 50 West between CR 1050 North and CR 1100 North. Offer to contribute $750.00/lot for a total of $3,000.00. Owners and subdividers are James and Penny Marx. Recommend approval.

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

South District: Com. Burrus

1. A Supplement Agreement #2 between Porter County and Bonar Group for $328,100.00 to update field survey, environmental study, preliminary design and final design. This is for CR 100 South between CR 600 West and SR 2. The County was awarded $2.6 million federal funds earlier this year for this project. Recommend approval.

Com. Burrus, "Bonar Group is our engineering firm for this project and the agreement we had with them has been modified over a couple of years as we have gone through the application process. Now that we have our grant, we need to update our agreement and that is what this request is for. I would further mention that any local share out of this obligation is intended to come out of road agreements from the neighboring subdivisions along CR 100 South."

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


CORRESPONDENCE


Court Security Activity Report for April 2004 is on file.
Treasurer's monthly report for April 2004 is on file.
Building Department monthly report for April 2004 is on file.
Emergency Management Agency's monthly report for April 2004 is on file.

Request to distribute health information via inter-office mail from Health Department

Com. Burrus, "This request is from Lisa Zimmerman of the Health Department who wants to distribute health information through the inter-office mail. She also wanted us to be aware that she is proposing an on-site fitness class for employees as well. But her request wants to use inter-office mail to distribute health information."

Com. Harper moved to approve to allow Liza Zimmerman to distribute health information via inter-office mail, Com. Evans seconded,

Ms. Zimmerman, "I spoke with Sandy Hendricks and she is in charge of fitness and she will be able to come to each of the buildings and have an informational meeting to see what kind of interest there is and what type of class. Mainly, it would be in this building. She would bring whatever equipment used, she would basically need a carpeted area. She is offering a discount and we would need at least 10 or 12 people interested in it. It was just one thought to try and get people motivated, certainly the long term benefits of that and the ramifications for the insurance and everything else as far as lowered heart disease and diabetes. I just wanted sure about the insurance liability and how far I should go with her before I got at least some approval or some information from you regarding that."

Com. Evans, "I would encourage you to look at the third floor meeting room and then contact Mike Anton, the county's insurance provider and see if our insurance is adequate for that type of activity."

Ms. Zimmerman, "What about the start up screen for the computer (inaudible) employees, would that be an avenue that would be encouraged?"

Com. Evans, "Absolutely. Contact Sharon Lippens in ITS and she can help you with that."

Com. Burrus, "I would appreciate a visit back here with any response you get. Before you initiate anything, let us know what the plan is specifically."

Ms. Zimmerman, "Can we go and have the introductory meetings to see what kind of response we would get?"

Com. Evans, "Yes, and Anton will be able to tell you anything you need."

Motion carried.

Approval of Annual Report of Congressional Township, Common School and Permanent Endowment Funds for April 2004

Com. Burrus, "The next item has to do with an annual report of Congressional Township Common School and Permanent Endowment Funds. Is there anyone here that is familiar with that?"

Com. Evans, "This is the third year I have been here and I have never seen it."

Atty. Rinkenberger, "I have been here 11 years and I have never seen it."

Com. Burrus, "Then we will move on and catch that later."

Request to set up refreshment state for "Valparaiso Bike to Work Day"

Com. Burrus, "This is a request by the Valparaiso Park Department to set up a refreshment table for a Bike to Work Day on the northeast corner of the Courthouse Square, Friday, May 21, 2004 from 6 to 9:00 am. Anyone here from the Park Department? Any discussion?"

Jan Dick, "I am chairman of the (inaudible) committee. We are requesting the use of the corner of that property for that early morning hour to encourage people to use alternative transportation to get to work. This is Bike to Work Week and our efforts are focused on that day. Hopefully the weather will cooperate better than today and we will set up our stuff and clean up after we are done. We required nothing but the use of that corner."

Com. Evans, "Do you have insurance?"

Mr. Dick, "Yes, through the Park Department."

Com. Evans moved to approve the request, Com. Harper seconded,

Com. Burrus, "With respect to the insurance question, we would need some type of a certificate of insurance so we can have it documented and name us as an additional insured."

Motion carried.

Flag raising ceremony by Valparaiso Lions Club for Avenue of Flags

Com. Burrus, "We have an additional request from the Valparaiso Lions Club to hold a flag raising ceremony to kick off the "Avenue of Flags" on the Courthouse Square on Monday, May 31st which is around the Memorial Day time frame at 9:00 a.m. Anyone here to represent the Lions Club to give information to the Board?"

Com. Harper moved to approve as long as they provide the County with a certificate of insurance. Com. Evans seconded with the provision of the certificate of insurance, motion carried.

Request by American Red Cross to hold a blood drive

Com. Burrus, "The American Red Cross is requesting permission to use the Administration Building for a blood drive on Friday, July 16th of this year."

Com. Harper moved to accept the request as long as we are provided with insurance, Com. Evans seconded, motion carried.

American Cancer Society 6th Annual Making Strides Against Breast Cancer Walk

Com. Burrus, "We have a request by the American Cancer Society to host their 6th Annual Making Strides Against Breast Cancer Walk apparently to be started or hosted at the Courthouse Square on October 17th of this year from noon until 3:00 p.m."

Com. Evans moved to approve the request with proof of insurance, Com. Harper seconded, motion carried.

Request for Transfer of Funds - Commissioners

Fund 01.30$149.98from acct 3710Equipment
Into acct 4410Office equipment over $100

To purchase shredder for Commissioners' office.

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

Fund 132.30$205,000.00from acct 4320Road and Taxiways
Into acct 4420Motor vehicles

To purchase new vehicles for Sheriff's Department

Com. Harper, "Maybe we should explain that was the Sheriffs car that we approved before."

Com. Evans, "Go right ahead, Bob."

Com. Harper, "So if anyone has any questions about the transfer, this is for the Sheriff's cars we already approved it at a prior meeting."

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

Fund 132.30$35,000.00from acct 4320Road and Taxiways
Into acct 4510Data Processing Equipment

To purchase new computers-ITS 5 Year Plan

Com. Burrus, "Again, that is part of what we did 2 weeks ago and that is for the purchase of the new computers."

Com. Evans, "That is part of our 5-year plan too, as I understand it."

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

Request for Additional Appropriation - Commissioners

Fund 132.30$115,592.00Acct 4110Land purchase

Appropriation required due to changes made to budget at 2003 budget hearings. Budget was advertised at the low figure.

Com. Burrus, "This is a request for an additional appropriation which I assume will go before the Council in the amount of $115,592.00 into account #4110 for land purchase. Maybe I could get some help on what this is all about."

Com. Harper, "I thought maybe I could too. I have no idea what this is."

Com. Evans. "It says appropriation required."

Ms. Hartig, "This is something the Auditor's Office brought over to me and they said it was, there was an adjustment made at budget time last year. The budget was advertised as a lower total and it was increased at budge time so we have to do additional appropriation."

Com. Harper, "I move that we hold this off for 2 week until we have more information, Com. Burrus seconded, motion carried.

Com. Evans, "The only land purchase we bought was the property that was supposed to be for the 149 extension."

Com. Burrus, "That came out of federal funds though. Let's stand by on that. We
can hold this subject to review between now and next meeting."

Com. Evans, "For the Auditors' to explain."

Com. Burrus, "Yes."

Fund 132.30$240,000.00Acct 4320Roads and taxiways

To cover transfers for Sheriff's vehicles and Data Processing equipment

Com. Burrus, "This is account #4320 Roads and Taxiways This is to reimburse for Sheriffs vehicles and Data Processing Equipment."

Com. Harper, "They call it additional appropriation; it is really a transfer of funds. Go ahead."

Atty. Rinkenberger, "We are asking them to re-appropriate back to the roads money within our CCD budget."

Com. Evans, "CCD budget, not CEDIT."

Atty. Rinkenberger, "Yes, right."

Com. Harper, "Had different figures and the tradition of the sheriff's cars had been taken out over the years and last year; because of that we had to move some around. But it is not additional appropriation. It is a transfer of funds that are already in the CCD budget."

Atty. Rinkenberger, "I guess they are calling it an additional appropriation, because we are adding to a line item we took away from and not transferring from one line item to another. So all though it is considered an additional appropriation, it is not from the general fund money. Or is it being appropriated from our own CCD fund into a line item."

Com. Harper, "Gwenn, do you feel comfortable with this; with what we are doing here?"

Atty. Rinkengberger, "Me?"

Com. Harper, "Yes. I mean do you think this is worded correctly?"

Com. Evans, "Well, they call it an additional appropriation, because it is unappropriated funds. That's why it is an additional appropriation."

Com. Evans moved to approve the appropriation of $240,000.00 into Acct 4320 of the CCD line, Com. Harper seconded,

Com. Harper, "I am going to second that but I have to ask this question, Why did we do 35, oh, that was the data processing."

Com. Evans, "That was the data processing, that's correct."

Atty. Rinkenberger, "You add them up, it's 240."

Com. Evans, "There is already an appropriation in CCD for a good portion of this."

Com. Harper, "I see."

Atty. Rinkenberger, "We had $80,000 in that line item. You have to add $35,000.00 to it."

Motion carried.

Com. Evans, "Who gets to explain that to the Council?"

Atty. Rinkenberger, "Bob."

Com. Burrus, "The whole scenario is predicated on the fact there was a need to make a purchase of vehicle before the Council . . . .(inaudible) ."

Request for Additional Appropriation - Highway Department

Fund 02.91$8,000.00 Acct 1110Salaries
Fund 02.91$21,855.00Acct 1111Full time hourly

The amount advertised did not include raises.

Com. Harper, "I want to make sure that we don't have a problem here. I would like to put this over to next time until we get more detailed explanation about what this is about."

Com. Burrus, "Okay."

Com. Evans, "I'll go along with that. This is the first I have seen of this."

Com. Burrus, "Okay, do you want to do that with the rest of these items that are Highway oriented? Or just for those two."

Com. Harper, "I think we should do it for the rest of the items associated with the Highway."

Com. Evans. "The ones for Stone and Bituminous, I think we could probably go ahead to."

Com. Harper, "Okay. The last 3, 4 categories, the rest we'll put off.."

Com. Evans, "What about the Contractual Services?"

Atty. Rinkenberger, "I know nothing about these."

Fund 02.391$20,000.00Acct 2360Stone
02.191$50,000.00Acct 2362Bituminous
02.291$50,000.00Acct 2362Bituminous
02.391$30,000.00Acct 2362Bituminous

Money needed for road building.

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

Com. Burrus, "Melissa, when you have a request for anybody being on the agenda for anything having to do with additional appropriations or transfers, would you make sure that they plan on being here so we can ask what the status is and so forth. Okay, I think that takes care of correspondence. What did we overlook fellows?"

Com. Harper, "I have a couple of things here."

Com. Burrus, "Have we got everything that has been scheduled here? Then we can deal with that, Bob. Okay, I think we are ready according to my records, anyway. Go right ahead, Bob."

REQUEST THE RECYCLE ORDINANCE BE PLACED ON NEXT AGENDA

Com. Harper, "First, I am asking that the recycle ordinance be placed on the agenda for the next meeting."

Com. Burrus, "Okay, I don't think that is necessary to require a vote. We will do that."

REPORT ON PLAN COMMISSION AND REWRITE ORDINANCE

Com. Harper, "The second thing is that I want to give the other two Commissioners a report on what happened at the Plan Commission Meeting with the (inaudible) to rewrite the ordinance. The Plan Commission and the BZA held two nights of meetings for six people interviewed. There was pretty good attendance from the BZA and the Plan Commission. Each interview lasted about an hour. The idea, sort of informally, put together, when it started with was that everyone acknowledges that the final decision of that, is the Commissioner's decision. It was to try to start the process of narrowing down the material presented to the Commissioners. After the interviews, nothing was done at the end of those interviews, they lasted until late at night. At the next Plan Commission Meeting, it was discussed, all the different people discussed, and some members of the BZA attended the Plan Commission that had sat through the interviews. A motion was made, number 1 to put vote on, everyone voted on what they thought was the top 3. Everyone gave a vote on the top 3. The top 3 were announced, who the top 3 people that were recommended. Bob, maybe you could tell us, because I can't. What are the top 3 that we recommended?"

Com. Burrus, "The top 3 were, HNTB, Duncan Associates and Ground Rules, Incorporated." HNTB out of Indianapolis, Duncan is out of Chicago and Ground Rules out of Indianapolis."

Com. Harper, "At the end of that another motion was made and that motion was that Bob prepare a scope of work, get some prices from these people and then submit all the information to the Commissioners for decision. So that was what was left. I believe that would be proper to do that. Still the entire decision is up to the Commissioners. So I would like to make a motion, just to clear the air one way or the other. You guys can decide which way you want to vote but to get the discussion on the table. I would like to make a motion that we allow them to complete that process and Bob to get the scope of work together and submit it to those people. To get prices, I understand that some of the smaller firms may be cheaper, but that the decision we will have to make here when it's all said and done. Further, I will tell you that these people were asked about time frames on this thing. I think most of them are talking a year and half to 2 years, although one firm thought they might do it in 1 year. Am I right?"

Mr. Thompson, "Yes, one firm said 12 months, one firm said 18 months."

Com. Harper, "So it is not something that is going to be done overnight. Let me just say this and then I am done. I think these guys put a lot of time and thought into this. They tried, they understand that the final decision is here. They were just trying to do it in such a way to get all the information they can, so I move to opt to go through that process."

Com. Evans, "I can express Gwenn's concern. She says that the RFQ's are no problem, it is the request for bids is."

Atty. Rinkenberger, "When we issue an RFQ, that's a Request for Qualifications, and the normal procedure when you issue an RFQ is to made your selection based upon qualification, not money. When you do a Request for Bids, you can come apples to apples, oranges to oranges, in a Request for Proposal then you start talking about money. Normally, when the RFQ is issued, you interview and then the normal procedure would be for the Plan Commission to make the recommendation to the Commissioners on the most qualified person and then we would negotiate with the most qualified person to determine if they can do it with the amount of money we are satisfied with. If the answer to that would he no, we can go back and ask the next qualified person. I told Bob this. I told both Bobs this. That I was a little concerned that we were getting off track a little bit even though we were doing it in good faith and for good reasons. To start negotiations under RFQ for specific price. That was the only red flag that went off in my mind. Bob suggested that maybe we send out a scope of work and say can you do it for a ball park figure, can you do it for, pretend we have $25,000.00. Could you do it for $25,000.00 so we could figure out if we had somebody close or not. Those are my reservations."

Com. Evans, "How about if we do this, what if we let Bob proceed in the matter that he has prescribed the scope of work. As part of the RFQ we tell those people that are interested in making that bid for the RFQ to be prepared at the end of the scope of work to submit it to the Commissioners. That's the problem that the Plan Commission can't accept the bid."

Atty. Rinkenberger, "Normally, you are talking apples and oranges. This is a Request for Qualifications that was not an RFB. It wasn't a bid. Like when you did with the architects for the jail, you picked on their qualifications and then negotiate a price with a service provider. It's not like bidding parts or asphalt."

Com. Burrus, "We have an example here already folks, that was at Joliet Bridge. We had 18 engineers and we asked the Highway Department to come back with a recommendation to narrow it down and to prioritize. I think that this Board has not been specific enough on what we wanted to come back from the Plan Commission. In my mind, I would like to see, maybe a short list of 3 firms and possibly have them rated, like the Highway Department did and to list both the strengths and the weaknesses of each of those firms. We can take that information, we can work with that. We can have follow-up interviews. We can do whatever we want including discussing price."

Com. Harper, "It may not be the way it is usually done, but I don't think there is anyway it can be done. I think the fellows put the effort into this; this was not my motion by the way. The fellow who put the effort into this had no thought they were going to select the people or the money, they were just trying to get the information together for the Commissioners. My thought was in deference to the work done so far, we let them complete it the way they set out to do it."

Com. Burrus, "If that is approved and agreed upon, can we also specify more clearly what kind of response we want back from the Plan Commission in terms of numbers or terms. How many do we want to look at, do we want a single firm?"

Com. Harper, "I think they're planning on setting three, however that doesn't mean we can't over ride the whole thing. But I think we should see at least the top three."

Com. Evans, "It seems to be it is a difference in words that we want a Request for Qualifications or do we want a Request for Bid or do we want both? I mean we are asking for two things."

Atty. Rinkenberger, "I would be concerned that if we get (inaudible) differently than we ever had before or not basing the selection on qualifications and start basing it on something else."

Com. Burrus, "What does the statute say about selecting professional services?"

Atty. Rinkenberger, "We called it an RFQ, when you ask for a Request for Qualifications, you normally do not discuss the pricing and you try to select on qualifications just like we did the bridges and as we normally do."

Com. Harper, "And that was discussed at that meeting. What we normally do is the best way, and that is all they asked for. Just to follow procedure and we have opened bids today that are $300,000.00; we are not talking about bids, we are talking letting Bob do the scope of work and getting some ideas on this to forward it to us for us to take it from there. They had a professional bid here two meetings ago, I just think we should do it that way. I am not going to say any more about it."

Com. Burrus, "I agree with you, Bob, but the fact that it has been done in the past doesn't necessarily require us to do it again now. I do think we should be sure we are not going to be in violation of some statute. To the extent I could be satisfied with that concern, then I would be satisfied to let them continue bringing it in to the . . and have at lease three names."

Atty. Rinkenberger, "I am not completely satisfied with that as I sit here. I would want to take a very close look."

Com. Burrus, "Can we agree then that we want to review that or make your recommendation subject to a legal review of the statute, is that okay?"

Com. Harper, "That we allow them to go ahead with the motion they made at their meeting and that is now that they have selected three top groups, let Bob Thompson do the scope of work and provide it to them and get an idea of what their cost would be and then forward that on to us."

Com. Burrus, "That would all be done subject to a legal review that would indicate that method would be acceptable, are we in agreement?"

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

Mr. Thompson, "After the three firms that the Plan Commission selected send in the information, does the Plan Commission open it and proceed with selecting it and recommending one to this body or do I take the three that are coming and give them, in directly to the Commissioners?"

Com. Evans, "Can you have them do it in two separate ways, just have them do it a request and submittal for the scope of work and a separate one for the other?"

Mr. Thompson, "What about the bid the Plan Commission can't do it, do I just give it to the three of you guys ?"

Atty. Rinkenberger, "Usually it is not the type of thing that we would be getting in a sealed bid format because we don't have in our notice that we are going to accept sealed bids on such a date, that is why we are getting cross wised."

Com. Burrus, "I think we have agreed here on a recommendation from the Plan Commission on three firms indicating 1, 2, 3 of what your priorities of selection would be. Now the selection process that you are talking about is this hypothetical scenario scope of work."

Atty. Rinkenberger, "I would tell them to send you a proposal."

Com. Evans, "The worst case scenario would be having to do it twice."

Mr. Thompson, "If they are going to send us a proposal, I will have the Plan Commission look at it and give a recommendation of three and rank them 1, 2, 3, and then forward it on to the County Commissioners."

Atty. Rinkenberger, "You might want to interview them again because since you don't have a bid spec you don't know if you are going to be comparing apples to apples and oranges to oranges. So you may get a proposal from somebody you may want to call back in and say what are we getting for our money compared to everybody else."

Com. Harper, "That is why they are going to do the scope of work"

Atty. Rinkenberger, "So you will have just like a little bid spec on exactly what you want; time frame; and what?"

Mr. Thompson, "Time frame as far as getting the bid proposals in. I did talk to the three firms already and the other three that were interviewed, I did call and talk to them and told them sorry, the three that were selected by the Plan Commission, I asked them each one how long it would take them to get this together, they said not long, two or three weeks."

Atty. Rinkenberger, "How else are you going to describe the scope of work?"

Mr. Thompson, "That is something I was thinking about and going outlines on it. The only way I can outline it without getting too open handed is to go right to our comprehensive plan. And go through the implantation part with a recommendation of what to change and the principles that were also laid out."

Atty. Rinkenberger, "You mean, in the scope of work that there are precise amendments that are being required?"

Mr. Thompson, "What I am afraid of is getting into a very extreme specific scope outlining everything and when we are not leaving ourselves open to recommendations coming in. That is what I am concerned about. You are looking at (inaudible). It is going to be generic as far as the scope."

Com. Harper, "If you have concerns about this, they weren't aired at the last meeting, and we have all agreed we are not in a rush here, we've got the motion made and passed. Why don't you revisit some of those concerns you have just so everybody at the next Plan Commission can see where its at? Then you can go back at the next meeting because we are talking about something that is not going to get done for a couple years anyway."

Atty. Rinkenberger, "Why don't you consider it again at your meeting with Bob's concerns and mine because maybe the Plan Commission will change their vote."

Com. Harper, "We voted at the Plan Commission. I think we should still vote on it and the attorney can look it over, we can go back to the Plan Commission with some different thoughts based on Bob's problem. I would like to see the efforts that they do. they spend a lot of time, they don't get paid for it."

Com. Burrus, "I agree with that concern and I also agree with the point that this is not a rush issue. We have time. The other thing is it is not a unique issue. Everyday, counties go through a procurement of professional services so there ought to be some form of procedure that is documented that says this is how you do it. We don't have that much latitude on it so, lets find out. Lets inquire and make sure we know what the procedural requirements are and we will go from there with whatever we decide to do."

Mr. Thompson, "I will have it addressed at the Plan Commission meeting."

Com. Evans, "Please convey to them we appreciate what they are doing and we know they are trying to do the right thing and we don't want to appear we are trying to usurp any authority. We understand they have to live by the rules that are granted with this so that we want this to be beneficial."

Com. Burrus, "So the status is we have a motion and a second on the floor, should we continue to a vote?"

Com. Harper, "We should continue with a vote with the understanding the attorney will review it."

Com. Evans, "Either way we are doing the same thing."

Com. Burrus, "I think so too, we have enough safeguards in to do it right."

Motion carried.

Com. Burrus, "Did you have another issue?" Do we have an afternoon or a Plan Commission Session?'

Com. Harper, "No, We have an Executive Session."

Com. Burrus, "We have an Executive Session in just a few minutes. I believe that concludes all the agenda items. Any further comments from the Board? If not, I will entertain a motion to recess."

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