PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, JUNE 1, 2004
10:00 a.m.


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, June 1, 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 at 10:00 a.m.


APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of May 31, 2004, Com. Harper seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of June 1, 2004, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of April 6, 2004, Com. Harper seconded,

CONSIDERING RECYCLING ORDINANCE
Therese Davis, Solid Waste Director

Ms. Davis, "You have before you, a number of items drafted by myself in regard to some concerns raised by the waste haulers regarding the current proposed ordinance regarding countywide curbside recycling. We have over a dozen concerns that they have brought forward on this matter before the Board for Solid Waste and Commissioners. If you would like to look those over. I wanted you to have that information before you before you consider this ordinance."

Com. Evans, "I have looked them over and think they are all valid and we need to address them. I think we are doing this ordinance in conjunction with the Solid Waste Board and I think we need to get it a form that would be acceptable to both boards. So prior to our taking any action on this, maybe what we need to do is call a special meeting with the Solid Waste Board, review these changes in the ordinance, and then pass it at the Solid Waste Board and send it back to this body to enact."

Ms. Davis, "Certainly we can comply with that. The next district board meeting is July 20th. If you felt you needed a meeting before that."

Com. Evans, "Lets call a special meeting. There was a question as to whether the ordinance passed in the right form at the first meeting, being that it requires fines and has provisions in it to collect money if there is a violation. The reading can't be waived for it to be done both at one meeting so we are going to need to call two separate and distinct meetings."

Com. Harper, "Maybe it can coincide with our next meeting, they need to get the publication out. We want to get this done as soon as possible. I am not sure if the ordinance is going to be changed for everything on this list. Some of them are valid."

Com. Evans, "There are some valid concerns and there are some others that are certainly not."

Com. Harper, "If it is done the way I want it, we are just going to try and get an ordinance in place as soon as possible."

Com. Burrus, "Recognizing the fact it has taken quite some time so far, but if we do have some valid concerns, I think that input is appropriate to be considered right now. If we can do that expeditiously, I think that could cover both concerns."

Com. Evans, "So, Therese, if you could, set up a meeting with the Solid Waste Board on Tuesday, June 15 at whatever time. We could do it right after our meeting. Is there a problem some of the members can't make it until later?"

Ms. Davis, "If it is possible, the standard meeting time is 3:30 in the afternoon but certainly if you want it earlier in the day."

Com. Evans, "If we could I would like to have it earlier. And then another meeting after our next regular meeting would the 6th of July."

Com. Harper, "John, let me say one thing. On the 15th I have the Safety Committee at 3:30, maybe we could do this at 2:30? If not, maybe 4:30?"

Ms. Davis, "I will see what will work for the district members."

Com. Evans, "Then we can address it there and hopefully get it passed."

ENVIRONMENTAL SOLUTIONS GROUP REPORT
Brian Gericke

Mr. Gericke, "Morning."

Com. Evans, "This has to do with information, for those of you here, the report is a plan of action for addressing the air quality concerns at the Courthouse."

Mr. Gericke, "Yes. Basically, there are five steps that we have written out here. We will involve more as we go down the road. The first step basically is to retain the services of qualified mold (inaudible) contractor to come in and address these issues that we have discovered. We would have them follow protocol that we decide. Basically take steps on how to go about to clean up. That they don't contaminate the air, or make it worse, or anything like that. That is the first thing we need to look at. Once we get a contractor retainer, we will look at moving the baseboards on the first floor and the water damaged areas to further evaluate to see if there is any more mold contamination that we haven't seen. To make sure we get everything that is there. The third step is, once we get that outlined, have the contractor go in and clean these mold contaminated areas as well as some of these other areas that are just water damaged. They need to be cleaned as well. The forth step is basically, after that, form some follow-up testing to just verify that they have not made the air qualify worse by doing the clean up. The fifth thing that we recommend is implementing operation maintenance plan. Since it doesn't appear that we can really find a good solution to solve the water problem at this point. So this basically just outlines things the custodial staff can do. To go through these areas, the problem areas, clean them up and take care of them that way. Just address these issues before them become major problems. That's basically the five steps we have outlined right now."

Com. Burrus, "Brian, if we were to follow these recommended steps, what would the role of your company be, as you see it?"

Mr. Gericke, "We would basically manage the project. We would include a list of some qualified contractors that we recommend. The first step is to take these gentlemen in there. Take a look at what they are involved in on the project. Then from there, whoever wins the bid, is go in and have them do this work. We will manage the project. Make sure things are going accordingly. Follow protocol. Make sure they do it properly. Not to make it worse than it is or any worse than it could be. Just go through that with them. We will handle it."

Com. Burrus, "Are you satisfied that the qualifications of these firms that you listed would all be adequate for what we are talking about here?"

Mr. Gericke, "Yes, I do."

Com. Burrus, "Gwenn, what do you think about the procedures? Any recommendations there?"

Atty. Rinkenberger, "It is going to be difficult to come up with the recommendations, until we know the estimated cost of the (inaudible)."

Com. Burrus, "Would this be something that ESG could pursue as part of soliciting prices?"

Atty. Rinkenberger. "Yes, with our qualifications."

Com. Burrus, "Would it be appropriate, I am asking the Board here, to consider authorizing ESG then to take the lead in the follow-up through on this plan of action."

Com. Evans, "I think so. Do we have any idea, your cost of involvement, in managing the project?"

Mr. Gericke, "Not at this time. What we can do, maybe do an hourly type figure. Something like that. I would have to sit down and think about it. I don't have anything in cost associated with that right now."

Com. Burrus, "This would be an acceptable method for services?"

Atty. Rinkenberger, "I think so."

Com. Burrus, "Bob, any comments?"

Com. Harper, "No, I just think we should get as good as we can and get rolling. So what would you say would be a plan of action. To have him get the prices from them and also an outline of what he thought his prices would be connected to the (inaudible)."

Com. Burrus, "The plan of action is here. I guess all we have to do is authorize him to initiate it."

Atty. Rinkenberger, "He will have to come back and give us the prices and make a recommendation to the Board to which contractor to select."

Com. Burrus, "I think the contract will be based on a contract with that firm or that individual."

Atty. Rinkenberger. "Right. Then we have to approve that. I would say he should come back in two weeks with prices for himself and four contractors. Then we can proceed with negotiating for contractors."

Com. Harper, "Do you think that is quicker?"

Com. Burrus, "I think so."

Com. Harper, "Alright, then let's do it."

Com. Burrus, "We are following up on every meeting here with progress."

Com. Harper, "I move that we authorize and ask Environmental Solutions to contract these four people that he has recommended. See if they can get some prices together on this job. Give us some idea of what his costs are going to be. At the next meeting, June 15th. Also, you should ask them as to their availability. We want to try to get it rolling as fast as we can. Please find that information out for us. That's my motion."

Com. Harper moved to approve. Com. Evans seconds. Motion carried.

Mr. Gericke, "I will get in touch with these contractors today and have them take a look at what's there."

Com. Burrus, "To be aware of the project and then the 2 points involved in it, reemphasize the price and availability."

Mr. Gericke, "Okay, thank you."

Fair Board Lease Renegotiation - Lonnie Steele

Com. Burrus, "Lonnie, Dennis. Anyone else?"

Mr. Steele, "I would like to introduce those that are with us today and I will let you know their interest in this Lease situation. First of all, Dennis Steinhilber recognized here, is the president of the Porter County Agricultural Society. Also, with us in the audience are two ladies that have been long time members of the Fair Board and have also served on the Expo Advisory Board. That was in affect from the time that the Expo Center began back in 1984. Emily Rimster and Jane Maxell. Then also to my right is Dr. John (inaudible) who is a long time Fair Board member who has a particular interest in a long time relationship between County Government and the Porter County Agricultural Society. Better known as the Fair Board. You are aware, I think, that we currently have a Lease and that Lease is in effect until April of 2006, or until the loan is paid. I believe the Lease reads, that once the loan is paid off, then that Lease is no longer applicable. The Fair Board has the financial (inaudible) to pay the loan off. At any point that we could possibly do so. The sooner, the better, because we are able to then to rep the benefits and to save interest on that loan. Our hope is that we can develop and put together some thoughts regarding a long term Lease. We have proposed a Lease format for you to consider. We would ask that you would consider doing that as soon as possible to allow us to pay off the loan. To give the Fair Board a degree of assurance that they have a long time relationship with the Porter County Government. The saving of the interest, the purpose of saving that money is to reinvest in the property, known as the Porter County Fairgrounds and Expo Center. There are plans that are being formulated to invest more money in buildings, restrooms, things that are going to improve that facility, not only for the Fair, but for the year round use of that property. I think it is safe for me to say, that the vast majority of the Fair Board is most anxious for us to put together a long term Lease that gives us some assurance that our investments are worthwhile. That we are ready to move forward with some preliminary planning that we have done. I have with me today, also, Bill Satterlee, vice council to the Agricultural Society that was involved in the development of this Lease format that we have before you. I think you have had an opportunity to approve that and would encourage you to interact with us in any way you would want to. To see whether or not this might be suitable to you all."

Com. Burrus, "Thank you, Lonnie. What discussion here. Any comments or questions for Lonnie or the group?"

Com. Evans, "First, I want to thank the Fair Board. I think this long term relationship that has already occurred is something that has benefited everyone. The Expo Center, the Fair Board, and everyone all the way along. A lot of those buildings out there wouldn't be there without the assistance of the Fair Board, managing them in an expert way also. I am all in favor of motioning whatever we can make it monetarily advantageous to everyone."

Com. Harper, "So where are we at on this Lease?"

Com. Burrus, "We have a draft copy and after addressing it openly at this meeting then we need to be able to respond to them with any kinds of issues or feelings we have on it."

Com. Harper, "Do you have some right now?"

Com. Burrus, "I don't know that we do at this point. One thing I would like to mention is that unless either of you gentlemen are in disagreement, this Board is committed to a long term relationship with the Fair Board. As we review the lease and the document itself, I think that objective will be accomplished and maybe there are a few things to iron out with the details. Overall, we are pretty much on board with what is being proposed."

Com. Harper, "Can we get it done in a couple weeks?"

Com. Burrus, "I don't see why that can't be a possibility."

Atty. Rinkenberger, "I have reviewed the lease and I already have comments regarding language concerns. I think once they receive the go ahead from this board that you were interested in renegotiating the lease early and discussing the relationship you have with the AG Society. Otherwise, from a legal standpoint, I see no problem."

Com. Harper, "I think we should try to get it done, it does nothing but good for the county. Maybe Mr. Satterlee and you could talk about it over the next couple weeks and come back in two weeks."

Atty. Rinkenberger, "I will need input from my clients on the terms."

Com. Burrus, "One thing to incorporate in the thought process is to continuing to improve and upgrade the facilities. I think we had discussions on this but at some point in time we need to able to communicate and be able to have input as well as prevailing authority of what those plans are. We talked about a Master Plan, is that part of your thoughts?"

Mr. Steele, "Yes, we have done two long range planning sessions where the entire Fair Board met and put together some dreams. That is not a plan, it is dreams. With the approval of this lease, our intentions are to enter into an agreement with the firm to assist us in putting together that Master Plan and part of the planning would include representation from your board in putting that Master Plan together. We see County and Fair Board having the plan together to make this effective."

Com. Harper moved to set this matter for two weeks to discuss further, Com. Evans seconded with the encouragement of the conversation occurring before then, motion carried.

MALDEN RAIL SERVICE
Dean Kaesedier, Laporte Co. Farm Bureau Co-Op
Vic Hienghold
Steve Hime

Com. Burrus, "The next item was intended to be the presentation of the Valparaiso Police Department from Mike Brickner. I understand he is not available today so we will move forward to the next item. This has to do with the situation involving around the rail service to the Malden facility, the former CSX Railroad. Who might be the rep here today?"

Mr. Kaesedier, "I am the manager at the Laporte County Co-op. I am here to request some support, financial and recommendations about the rail abandonment of the CSX Railroad. I have handed you a map that shows the 33 miles of track that start at the top of the page at Wellsboro, goes a little south and west to Lacrosse, from there to North Judson, the opposite way to Malden."

Com. Burrus, "That intersection where the two railroads intersects, indicates Laporte on your drawing, is that, in fact, Lacrosse?"

Mr. Kaesedier, "Yes. It is hooked on signifying Laporte County. As you can see, this rail line is in three different counties; Starke County; LaPorte County; and Porter County. There is 33 miles of track. I am here to talk about the value of the track to Malden in this area. As you can see, Malden is the end of the track, the main line. We have a retail agronomy operation and purchase grain there. According to the producers in the area, there is an average of $.10 per bushel increase in price to the farmers in the area because of having the option of going by rail. This compounds because there are other uses that purchase grain in this area that also have to pay up because they know there is an option of going to rail to Malden. That comes directly off the income of the farm producers. The second area that it really affects, we receive fertilizer for farm production, at least 4,000 ton. It does come by rail. Again, we are having a savings of the cost to the producer of an average of $7.00 per ton. This is very important to agriculture in Porter County. We feel it is important to keep this rail open just to have the lever in sales and needs of Porter County farmers. If we decide not to purchase, let me back up. North Judson has agreed to purchase the rail. We are in the process of getting state and federal grants and it is very, very necessary that the local government show support in order for us to receive those grants. This reason is very important that we receive strong support though the county government. We have approached our county and LaPorte County. Both of them positive up to this point. Starke County is in the position where they have committed $50,000.00. We approached the Commissioners in LaPorte County for $75,000.00 because the majority of the track is in Laporte County. The commissioners have recommended it to the council and that will be coming up the end of June. I know there has been discussion in Porter County about this going to happen. We did not want to approach the Commissioners until we felt like it was something that was really going to happen. So at this time, I would hope that you see the value of the keeping the rail in the Porter County area and to financially support this with $50,000.00. At this time, I would ask some of the producers that are with me to identify themselves and make some comments."

Com. Burrus, "Go right ahead."

(The people were at the back of the room and could not be heard by the recording equipment).

Cliff Beach, "I live in Morgan township and do business with the co-op. I was on the Board of Directors at one time. I think it would be very detrimental to the department (inaudible). "I definitely think the rail needs to stay and (inaudible)."

Com. Burrus, "Thanks, Cliff."

Mike Shutske, "My name is Mike Shutske, I live in south Porter County area and I reiterate what everyone else has already said. I want to add to this isn't just to benefit LaPorte County Co-op. This is to benefit all of the agricultural producers in the area and by extension, the general economy of Porter County."

Com. Burrus, "Thanks, Mike."

Chet, "Chet (inaudible) Morgan Township. I am on the LaPorte County Board and I support to keep the railroad open."

Com. Burrus, "Thank you, Chet."

Greg Birky, "Greg Birky, I am on the Board (inaudible) and I am for it."

Com. Burrus, "Marge?"

Marge Hefner, "I am Marge Hefner (inaudible) Agricultural (inaudible) and I support keeping the rail open. It is very important. Not everybody has a semi."

Com. Burrus, "Dave."

Dave Good, "Dave Good, Morgan Township. We really need it to pass the savings on to us. As you know, farm economy is tight. It is tough. Any benefit we could have will help."

Com. Burrus, "Thanks, Dave. Anyone else? Yes, sir."

Vic Heinhold, "My name is Vic, I am from Kouts. I am here today to represent the Indiana Grain and Feed Association of Indiana, which I am on the Board of Directors and the immediate past chair. I have handed out to you a brief outline of where the Grain and Feed Association of Indiana stands on the importance of rail. We are definitely here today to support this move. As a Porter County citizen, I am here to support this. To bring a couple of key things, in the letter, I won't read the whole thing to you, to your attention. It talks about an in dock survey that we have done. That 82% of the grain elevators move the majority of their grain by rail. That's how important rail service is to grain market place. 64% of the grain shippers consider themselves captive to rail. One captive shipper responded that most elevators that loses rail service, eventually go out of business. Indiana Grain and Feed Association was founded in 1902. It is a non-profit, (inaudible) group that promotes the agricultural business industry in the state. We stand for a sound competitive freight network. We need trucks, rail and waterway. For our own experience, something you may know, we own 6 elevators. Three of them were in Porter County. Of those three, two of them are closed today because of the loss of rail. This is as important structure as our highways, to our agriculture. This is not strictly a benefit for the Farm Bureau. I have spent the majority of my life as a competitor of Farm Bureau. Consider the worthy competitors. I don't see this as a handout to Farm Bureau. I see this as a benefit to our agriculture and our farmers in this community. Plus to say that (inaudible). To quote Earl Landgrebe, told me 20 years ago. I am a trucker. When we lose our rails, our country is in bad, bad shape. Thank you very much."

Com. Burrus, "Thank you, Vic. Yes, Mike."

Michael Leosbrook, "Michel Leosbrook. I live up State Road 8, Kouts, 171 West. I will speak to you on this issue and support (inaudible) the former president of the state Farmers Association, for which I served about 5 years. Rail issues are very, very important to corn producers. Corn is our #1 crop in Indiana, in volume. People don't realize that in Northwest Indiana the 9 counties surrounding Jasper County, Porter County, including Jasper County are the largest corn producing, is the largest corn producing sector in the State of Indiana. The reason is about 140 million bushels of corn on an annual basis. Exporting most of that out of the area, about 60%. A good share of that is by rail, that is exported. The other is by (inaudible), of course, and a little by truck, to other terminals outside the area. It is extremely important to all of us that are in agriculture, or have been involved in agriculture that the rail link remains vital and alive because without it the market shrinks, the market diminishes. Producers end up with less net money in their pockets. It's a very important feature. Something that I really hate to see. I can remember just a few years ago, a generation ago, there were 3 or 4 rails into south Pine that shipped grained. Boone Grove on the Erie. (Inaudible) and of course, Malden on the CSX. Malden is now the last one and could possibly go by the wayside. A valiant effort is being put together to have this railroad survive so we can help the farmers in the area. So something that you could do positive with, positively, like the other counties have, is to consider using come county money, perhaps (inaudible) to help in this effort. I would really appreciate you extending some though to this."

Com. Burrus, "Thank you, Mike. Yes sir."

Steve Heim, "Thank you. My name is Steve Heim. I'm State Representative for House District 17 which includes most of Marshall County, all of Starke County, and Lincoln, Johnson and Union Township in LaPorte County. The abandonment project starts in my district and it ends in my district. So I have been intimately involved in this project since about October. I want to discuss this project on a couple of different levels. The first is, public safety. Each railcar would require about 4 semis to carry the same amount of grain. There are, in a normal year, 600 railcars that are sent out of Malden. That would translate into 2400 semis on public roadways if we lose this rail line. In addition, to this public safety of having that many more trucks on the road. You have the wear and tear on the roads, you also have stricter environmental regulations regarding particulate matters that are coming down the line. Putting that many trucks back on the road, would not be a positive thing for the community. I also want to speak to you about the fate of our small towns. Our small towns are dying. You could go through any small town in Porter County, Starke, and Marshall. Small towns are struggling. One of the reasons they are struggling, because they are losing their infrastructures. If a small town loses their railroad, it is going to be very, very difficult to bring new industry and new jobs to town. When businesses are looking for a new location, they look at highway access and they look at rail access. If you are missing one or both, you are not going to get them. It is critical from that kind of development stand point for small towns that we preserve this rail. In terms of ownership, structure and liability, this railroad will be owned by a quazi governmental organization very similar to the Northern Indiana Commuter Transportation District, the South Shore Railroad. Our intent is to protect those counties and local governments that participate. We want to protect them from any legal liability and protect them also from any future financial commandments regarding maintenance or operations of the line. That organization will contract with a short line operator who will be responsible for running that railroad, in a market base profitable manner. The short line operator also will be asked to contribute to the maintenance of the line as well. The final details are still being worked out. We have not come to the county governments until we were sure that this project was moving forward. We will be meeting with INDOT, I believe June 8th to address their final concerns regarding operation and maintenance as well. This is a critical rail line for our small towns, for our farmers, and we just ask for your support on this project. I would be happy to answer any questions you have."

Com. Burrus, "We are ready for questions at this point, would you care to join in, as well. I know, I personally have some questions on the operational side of it. I don't know if the Board may have some as well. You indicated initially, that the town of North Judson would have an ownership role. Then you mentioned the fact that there would be some kind of a railroad district of sorts. Can you give me more detail on what the plan is as far as ownership issues are concerned?"

Mr. Heim, "Sure. When we were trying to acquire the line, we had to work through the Service Transportation Board. CSX petitions Service Transportation Board to abandon the line and then we needed a government entity, or any entity, to offer, to make what is called An Offer of Financial Assistance. Essentially, an offer to purchase the line. The town of North Judson was willing to do that. I believe they have committed $5-$10,000.00 to the purchase of this line. They also were willing to put their name on the dotted line for legal purposes. We are in the process of forming the overall organization. The town of North Judson does not want to own this rail line. They don't want ultimate responsibility for it, as the County Commissioners would not want that. We see this as an interim step to get the line purchased and then we will form the umbrella group that will actually own it."

Com. Burrus, "Okay, now then, with that organization in place, if it follows through according to plan, then you said you would contract with a short line operator who would be the actual railroad operating organization. I assume there are more than one of those around. In other words, you probably have your choice as to who you would deal with. Are you looking at such things, as their operating history and their ability to succeed in this effort where CSX has chosen not to pursue and not to succeed. In other words, you may be looking at some unique skills and talents here to make this work."

Mr. Shutske, "That is certainly a consideration. The request for proposal, we had received inquiries from about 4 short line operators across the country who are interested in running this. If we can save the track. Regarding the financial issues, CSX and the other class one railroads are abandoning short lines across the country. If you were to go to the Service Transportation Boards website. You would see, literally, dozens, if not hundreds, of petitions to abandon rail lines. The majority of them are in small towns. The reason for that, is they have adopted business models that require them to hook up a 100 car train, go 100 miles down the track, drop it off, pick up another 100 cars, go another 100 miles down the track, drop it off. They don't want to take ½ a day to assemble 100 car train from Wellsboro, Malden, North Judson, connect those cars together, take it out to the main line and then take it down the track. They don't want to do that. We believe the short line can be operated profitably. If it could not be, I don't believe the Department of Transportation would be talking to us right now."

Gentleman, "If I could add something about the short line situation. I think each of you recognize the name, Gary Landreo, who is our consultant in working through these rail issues and particularly short line. He has done many of these transfers to short line. He is very experienced in it and we are working very closely with him. One reason I mentioned about Malden being the end of the line. What is happening quite a bit throughout the country, not just Indiana, if it is kind of inconvenient for the main railroads to service a location, they are trying to abandon those tracks. I think that is one of the major reasons that we are in this discussion today, is it is just inconvenient."

Com. Burrus, "One or two more questions and I will turn it over here. The maintenance of the right of way and the operator, and I guess the ownership of the equipment as well, would appear to be a fairly significant financial responsibility. Are you looking at resources from the services provided as supporting this, or are you going to be looking at continuous funding and continuous grant support?"

Mr. Heim, "For the immediate future, we are looking at a Track Rehabilitation Grant from the Department of Transportation for about $200 - $250,000.00. We will also be expecting the short line operator to make a financial commitment to the rail. The maintenance will have to be supported by the operation of the railroad. INDOT does not us coming back to them every year asking for a grant. They realize there will be some short term maintenance issues that need to be taken care of with a grant. Once we have all the issues worked through and the line is operating, it will have to self-sustaining."

Com. Burrus, "Similarly, then your request of the 3 counties involved, these would be a one time request. Not anticipated to be a follow up request for support?"

Mr. Heim, "Correct."

Com. Burrus, "John, Bob, you have an open mike."

Com. Evans, "That one time thing, was important to me. Is there going to be some type of inventory of the bridges and the upper structure of the railroad done prior to this change over? There are your major expenses, obviously, if you have to replace bridges."

Mr. Heim, "That has already been done. They know what work needs to be done to maintain the rail line."

Com. Burrus, "Bob?"

Com. Harper, "Someone said something about 600 cars a year of corn go out."

Mr. Heinhold, "Corn and beans."

Com. Harper, "What else goes on? I am sure there is more than 600 cars that go on that line a year."

Mr. Heinhold, "The other use is for the fertilizer, that's input, coming into Malden. That is about a 4,000 ton which is about 40 cars coming into Malden. Also at Wellsboro, we have a location there that also is a (inaudible). Brutter Fertilizer that is in the LaCrosse area also uses that line for incoming fertilizer cars. I guess once it becomes a short line we are hoping to expand the use of that track for different areas."

Com. Harper, " I don't have your old map in front of me. The part that comes from LaCrosse into Porter County, once it gets to Malden is it going to stop there?"

Mr. Heinbhold, "It is the end of the line."

Com. Harper, "My question is, 600 cars over a years time. I assume there is going to be some other use."

Com. Burrus, "That would be for one facility. Now, what other industries are supported?"

Com. Harper, "Along this line?"

Mr. Heinhold, "Brutter Fertilizer has incoming cars. Our operation at Union Mills or Wellsboro."

Mr. Heim, "There is also a lumber yard in North Judson that would like to receive shipments by rail. There is also the Hosier Valley Museum in North Judson that wants to run tours from North Judson to LaCrosse on this line. The Museum has also made a financial commitment to this rail."

Com. Burrus, "Of course, you are hoping this would attract industry as well."

Mr. Heim, "Part of the organization that would own this rail, part of its duties would be to promote it for economic development purposes. We have had one company /express some interest, that you guys save the line, give us a call. They are looking to build a facility in Northern Indiana somewhere and they need rail service.

Mr. Heinhold, "Also, quite a bit of the right of way that has been abandoned in previous years, the right of way is still sitting there empty. There are discussions about possibilities of using that right of way."

Com. Harper, "Are there . . . (inaudible) running over this rail?"

Mr. Heinhold, "It is open today. We received cars this weekend."

Com. Harper, "How often do you see cars?"

Mr. Heinhold, "It varies throughout the year, but I would say the average either cars coming in or going out twice a week. The right of way is open today, it is useable."

Com. Harper, "Here is my thought. I would like to make this motion that we show our support for this plan but that we not do it in any certain sum at this present time because we would have to either change our CEDIT plan or talk to the Council. We can show our support of this plan and perhaps, it is just the idea of saving the agriculture on a small town, and I think we are going to need to get some facts and figures together to approach the Council, and mostly to help these fellows in making a presentation."

Com. Burrus, "A lot of the folks who spoke this morning are my neighbors, I live within distant view of that elevator and kind of grew up there in the town of Malden. I think the agricultural community deserves this kind of support. Now the only reservation I would have is I don't think we could, in good conscience, put money forward to something that doesn't have a pretty good chance of success. So, Bob's comment about some kind of supporting documentation may fall under that category. Personally, I would feel comfortable in offering some kind of support. We have already expressed a similar support for the commuter rail effort going to the west toward Chicago. The agricultural community, as prominent as it is in the south and southeast part of Porter County would be an equally significant need for this kind of support. I think I would be prepared to agree to what their requesting at some point in time when your organizational structure is in place. That would be a pre-requisite in my mind."

Com. Harper, "Can we get some advice from the Auditor on just what we are doing and how to accomplish this?"

Com. Burrus, "We do have under our CEDIT Plan, an existing category for economic development and this would fall into that category. In addition, we have somewhere in the neighborhood of 25% of our total CEDIT, that is uncommitted at this point. We have some flexibility there. I think the ability is in place; it is just a matter that we are able to put our money into an effort that we feel is going to stand a good chance of being successful."

Com. Evans, "I certainly agree. We do have the ability to make the payment although it is going to be a little bit later in the year to see where we ended up with our CREDIT. We only budgeted 75% of the dollar amount, we should have that amount of money to put back in. I agree totally to support this, if we can support commuter rail we can support agricultural rail."

Com. Burrus, "What kind of time table are you looking for as far as commitment in terms of writing the check?"

Mr. Heim, "I believe we have 60 days to get the money to CSX. In terms of money, if the county cannot afford to do $50,000.00 this year, if you wanted to do $25,000.00 this year and then the same the next year, if that helps on cash flow, we would need a bridge loan."

Com. Harper, "So that is what the money is for, the purchase of . . . , I thought you were asking for a match for a state grant."

Mr. Heim, "We had applied to the Department of Transportation for a transportation enhancement grant, which is federal money administered by the state. That grant is $1 million. Service Transportation Board increase the price of the rail $400,000.00 more than we were expecting. The request has been submitted to the Commissioner of INDOT to increase the grant from $1 million to $1.4 million. So the bulk of the money is coming from the state. However, we need a local match, a local contribution to demonstrate that the community supports this project."

Com. Harper, "So, what you are telling me is that you are not going to need the local money until you have the state money? You may need it to get the state money, but it is not going to be spent until you get the state money. The local money will not be used to make a purchase."

Mr. Heim, "The money is not enough to make the purchase, the local money is not enough to make the purchase. We might not even get the state grant, then this project is dead in the water."

Com. Harper, "But you are going to need the commitment from the state?"

Mr. Heim, "The state grants contribution from Co-op, from the town of North Judson, the museum, and each county, when you add everything up, we come up with the purchase price."

Com. Harper, "I assume you are not going to purchase it without having the state grant? If I understand correctly, we have the money, well, I am just trying to understand this."

Mr. Heim, "If you wrote us a $50,000.00 check, and we don't get the state grant, we will have to give the money back because we won't have enough to buy the railroad. The state grant is the key."

Com. Burrus, "Based on our economic development project within the CREDIT funds, if this Board so chose, we could commit to their request. Based on their economic development project that is already in place, and make is subject to whatever terms are necessary upon your grant application, whether it has to be a commitment only, or a cash in hand or whatever. I think we have the ability so long to get it back if the whole thing fails."

Com. Evans moved to approve to give the LaPorte Co. Farm Bureau Co-Op Association $50,000.00 from our CREDIT funds based on the completion of a state grant and will not have to pay if the state grant is not approved, Com. Harper seconded,

Com. Harper, "Does that then need to be approved by the Council?"

Atty. Rinkenberger, "You will have to go to them and ask for an appropriation of $50,000.00 out of the CREDIT funds."

Com. Harper, "Maybe we get on the Council agenda, and have them be there."

Atty. Rinkenberger, "When is the next Council meeting?"

Com. Evans, "End of the summer."

Atty. Rinkenberger, "It is usually the fourth Tuesday of the month, so that should be the 22nd at 7:00 p.m."

Motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

Award Radio Bids--
David Sheibles, E-911 Director

Mr. Sheibels, "I have been asked to represent to the Porter County Radio Task Force Committee, and some members are here, Dave Lain is our chairman, but he is not going to speak, Eric Kurst; and the other members could not be present this morning. I am here to make a report on the Radio Task Force Committee and an outline of the document I presented. The Radio Task Force held a meeting at 1:30 p.m. on May 20, 2004 to review the three vendor bid responses and you can see the members present. The six members that did review the bid process, all six members that took the time and was able to make the session, voted to recommend Miner Electronics as the most reasonable and responsive bidding company for Porter County Board of Commissioners for this work. Miner Electronics completed a detail of ___ list and a list of diagrams of all projects, sections, they were clear and simple, understandable explanation of all sections. They also concluded the microwave system originally described as a moot project should not be moot and re-engineered the microwave system with a new component. They presented a complete picture of the work to be performed with a class structure that is in line with this type of project. Miner Electronics if 50 years old and it appears to be a financially sound company with a long service record. The other companies that gave us a bid response were Tri-Electronics; they produced a price sheet with several documents copied from manufactured material; made a copy of the power point presentation of the JPS software. They did not respond to the specific details of the bids as to what they were proposing as solutions when it was determined that the microwave was not going to be a solution. Tri Electronics asked for a two week extension of the due date or time frame engineering of the microwave solution of which was granted. However, they came back with a bid repsonse with no microwave solution other than a $3,372.00 cost with no explanation. They presented a basic equipment list that did not cover all the parts of the bid and left too many questions as to what we are going to get. We thought they did put together a good competitive cost and appropriate for all bids sections but we did not know exactly what a ___ cost based on with again no explanation. The third company that responded was NIC Technologies LLC was turned in late, I believe that was well documented at the last meeting. For this reason the committee agreed that it should be disqualified; however there was some interest to vote and give the bid serious review which we did. The response booklet they put together did address all sections, some section response suggesting statements rather than solutions. The signal propagations diagrams were good however they did not follow the response format that was asked for and the data was hard to follow. We did not understand the pricing structure, the were offering the same Kenworth brand equipment as the other bid responder, Tri Electronics, at a very low price. They gave us the appearance of just a low ball price bid response. There was no detail equipment list. NIC Technologies did acknowledge that the microwave was not a reputable solution but they did not offer any other engineering solutions. In the final paragraph which is an option to read, that we have some discrepancies in their financial reports. Miner Electronics, as you can see on the price sheet I have prepared was the highest bidder on its face value because they were the company that stepped up to re-engineer the microwave system for the central and northern part of Porter County communications. There is a $71,992.00 difference on its face between the two vendors. Overall things being equal, Tri Electronics did not take the opportunity to replace part of the microwave system as Miner did. So if you take out the E&E $2,200.00 and prepared it equal, we had Miner Electronics coming in as essentially the lowest bidder for about $25,000.00. Then, 181 presuming that is they would take the move option for the bid at a cost of somewhere between $3,000.00 and $7,000.00 that would take them up to about $211,000.00 for that way. It would still make them the lower bidder. So with those reasons in mind, we recommend the Porter County Board of Commissioner reward the bid to the Miner Electronics."

Com. Burrus, "Is the task force pretty much unanimously agreed that if this work is accomplished that we will have a functioning and dependable and maybe redundant system for all of our emergency communication requirements?"

Mr. Sheibels, "It would certainly be dependable. Much more than our existing 25 to 30 year old systems are today, no doubt about it. Redundancy, there are different topics of redundancy. The new tower sites we are planning is a much superior site than the other two Midwest sites as far as back up power goes, circuitry, grounding, in our opinion, so we will have a better site to . . . .(inaudible.)"

Com. Burrus, "Will all of our communications equipment be located at that same site?"

Mr. Sheibels, "All of our repeaters, yes. They will go from a two site condition down to a single site condition."

Com. Burrus, "And that single site has a back up generator source?"

Mr. Sheibels, "It doesn't today, but Tom Tittle is going to put one in. He is waiting for a bid award to be awarded so he can work directly with the vendor."

Com. Burrus, "I have personally visited these sites with you and I know the precarious nature you are operating under right now, so, the equipment that you are talking about here then would be something that could be expanded upon and added to without having some kind of . . ?

Mr. Sheibels, "Absolutely, once again, Miner Electronics were thinking of the future. Something they have been doing with us and working with us for many years not only as a service organization but really understanding Porter County better than most vendors in the region. For that reason, they decided not to move or re-align the microwave system but put a new system in which would allow us to expand the microwave system in South County and a piggy back or fall back system to reduce the number of phone lines back and forth between the main repeater site and Tommy Tittle's tower and where the ________ are going to go under this plan at the jail building."

Com. Evans, "I knew this problem would finally bring our communications into the 20th century. It is long overdue. I think you have done a good comparison."

Gary, "Miner's proposal does really replace the 30 year old microwave system that I would be very concerned with running all of our communications on which is what we essentially rely on today for the north and the south. That is the big delta between the different ____ . We are probably the most desperate in getting the repeater replaced. We have some repair bills that were pretty significant. So we need to get this fixed."

Com. Evans, "Is it all right with the police?"

Chie Lain, "I would argue with Gary that we are in the most critical need. Certainly we feel this is the smart way to go."

Com. Evans, "I know a lot of work and thought have been put into it."

Mr. Sheibels, "Almost a two year process."

Com. Harper, "Their bid is for $288,181.00 and your grant was for $150,000.00, right?"

Mr. Sheibels, "We had two grants involved; one for $125,000 which is a state EMA, Homeland Security Grant; the second grant is approximately $286,000 from the Department of Justice."

Com. Harper, "That is the Sheriff's Department grant they got?"

Mr. Sheibels, "Yes, but the grant was earmarked primarily for backbone radio infrastructure."

Com. Harper "Are you throwing the $286,000.00 into this project?"

Chief Lain, "Yes. For whatever is needed."

Com. Harper, "The part of this bid that has an alternate as to these radios for the Fire Department, I assume it doesn't need to be an alternate if they are going to throw in whatever they need for this bid."

Chief Lain, "Yes, I was going to say here at the end that the Commissioners accept option 1."

Com. Harper, "Which does not make that an alternate. Are you going to check on prices on who runs this tower? You are saying Tommy Tittle. Is that already decided? There are 2 towers now as I understand it at Midwest Communications. They have a 3 year contract."

Chief. Lain, "They have a contract. One tower is expiring November 30th another tower is expiring April 1st and then Porter Memorial Hospital has a small lease."

Com. Harper, "So have you written them a letter telling them you are not going to renew the contract?"

Chief Lain, "Yes, we have. I believe the letters went out last week."

Com. Harper, "Because the deadline is today or tomorrow."

Chief. Lain, "Correct."

Com. Harper, "So that has been taken care of. How are you going to negotiate the price of these towers? I want to know about that."

Chief Lain, "We have had conversations with Tom Tittle. I was on vacation last week and I was hoping to see in my mailbox this morning a preliminary draft from Tom. He did not make that communication with me. He is working right now with a cost analysis of his tower site. He has assured me that particular lease agreement is going to be substantially less than anything the Midwest has given in the previous contracts."

Com. Harper, "It should be, right? They have been overpaid."

Chief Lain, "We will still have our normal County costs, phone lines. We will continue to pay for phone lines going into the tower site. We will continue to pay for NIPSCO at the tower site just like we have always done at the Midwest sites."

Com. Harper, "Now, let me ask you this. You said that Minor hit a home run because you liked their suggestion about the microwave tower. Correct?"

Chief Lain, "Correct."

Com. Harper, "Let me ask you, if you liked their suggestion, why didn't you put that in your bid so these other people knew what they were bidding on?"

Chief Lain, "That is a good question. Through the 2 year process that we had launched, our committee, we were lead down a path of suggestions that by moving and relining the existing central microwave to the Porter County Jail tower would be an equitable solution. As it turned out, once the bid went out all 3 companies stepped up and said, once they engineered it, it is not an equitable situation. Basically, it is not going to going to work. It is not going to get over the ridge at the 700 North area. It is not going to have enough transmtion power to hit the Chesterton EMS Station 3 microwave note up there. In a revision to the bid process, I faxed all companies a response that, go ahead and re-engineer that. That is no longer just a move and relinement. So that got notification to come up with a re-engineering solution for microwave length from those areas."

Com. Harper, "My question is, why didn't you just tell them what you wanted so they could bid on what you wanted. Apparently, you are in conversation with Minor all the time and they know what you want and they hit a home run with you. This whole bid thing, I understand I am going to make a lot of people mad here today, but I felt bad about this bid thing since it started."

Com. Burrus, "Dave indicated that his discussions leading up to the bid documents were taking place. Short of having done the engineering, everybody was in agreement that it could be done, the microwave issue could have been handled without change. Now, part of the requirements of the bid was to involve some engineering. You said all firms came back, well that assumption turns out, after doing the engineering, not to be valid. So, to be able to look in a crystal ball in advance and know all these things, especially if you are not a communications engineer. I don't think it is reasonable to expect our people to put all those into the specs and documents. When it became clear, as a result of all the bidders coming back and saying that, no it would not work, then the modifications to the bid documents were made and everybody had an equal chance to revise their proposal. I think the process we went through make sense short of having an engineer on the staff to calculate all this stuff in advance."

Com. Harper, "What was the difference between the 2 top bids?"

Chief Lain, "The difference was $71,992.00."

Com. Burrus, "For general requirements."

Com. Evans, "I agree with Dave. I think once the problem became apparent, they took action and got corrected bidding in place to assist. It is a major undertaking. It is really something that boggles the mind if you ever go out and look at (inaudible). You think they are going to move all that and switch it over and I see one of the companies didn't even place for the switch. There is no period to allow the switch to go into place.

Com. Evans moved to approve the recommendation of the Committee and accept the Miner Electronics' bid with Option #1, Com. Harper seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

Agreement with Ag Society on tractor purchase
Lonnie Steele, Expo Manager

Com. Burrus, "Lonnie, your agreement with the Agriculture Society and the tractor is next."

Lonnie Steele, "Yes sir. At the last meeting, we proposed the possibility of the Fair Board and the Porter County Agricultural Society making a donation of approximately $35,000.00 for the purchase of a replacement tractor and related equipment that would serve not only the County Fair, but would also serve the Expo Center on a year round basis. It was suggested that an agreement might be appropriate for us to make a decision on whether or not this would be acceptable to the Commission. You do have, I believe, a copy of the proposed agreement that has been put before you. That agreement alludes to the fact that the ownership will be the Porter County Expo Center, ultimately, Porter County Government. That the Fair Board reserves the privilege of using that equipment for the operation of their Fair. It also speaks to the idea that we don't have the authority as the owner to sell it or trade it off without them having input in that decision. That the conditions on which we are operating this is, that if it goes bad when we are operating it at the Expo Center, we pay the expenses of repair. If something happens when the Agricultural Society is using it, they pay the expenses of the repair. I suppose that anything else that might come up would be negotiated between the 2 organizations, if we have a major repair bill. It certainly appears to be a very nice gift that will allow us to do things at the Expo Center that we are currently not able to do with the 25 year old, under-powered tractor, that we propose that we trade-in on this tractor."

Com. Burrus, "Is the content of this agreement, Lonnie, pretty what the same is what is understood currently with this tractor."

Mr. Steele, "Yes."

Com. Harper, "The insurance. Who is going to take care of insurance?"

Mr. Steele, "It is owned by the Porter County Government. I believe it will be the responsibility of the Expo Center and the Porter County Government to provide the insurance."

Com. Harper, "That's a big question."

Com. Evans, "How is the current one insured?"

Mr. Steele, "Through Porter County Government."

Com. Harper, "So we are paying it rather than the Expo Center."

Mr. Steele, "Well, it is part of an insurance plan that includes the truck and equipment. That is correct."

Com. Burrus, "What kind of coverage are we talking about here. Just loss."

Com. Evans, "Liability."

Mr. Steele, "I believe that it is. I don't think we have liability on that tractor, as such. The tractor doesn't go on the road. It is used on the premises. Bob, I would have to investigate further to tell you exactly. Don't look a gift horse in the mouth."

Com. Harper moved to approve the purchase of the tractor, Com. Evans seconded, motion carried.

Health Department Contract With Berglund
Keith Letta, Health Department Director

Com. Evans, "We need to approve the contract with the company that is going to build the room at the Health Department, Berglund Construction from Chesterton."

Atty. Rinkenberger, "That was given to me to review and I have reviewed it, it is a standard form of contract so I can say from that perspective, I would recommend approval. I am assuming Design Organization has figures and the proper contractor on that."

Com. Evans, "The funds for this are going from the grant the Health Department has received."

Com. Harper, "Do they have an amount in the contract?"

Atty. Rinkenberger, "They do have an amount, it is $19,432.00 and an alternate of $2,437.00 is included in the contract. So the sum is $19,869.00."

Mr. Letta, "We have also received a little bit of additional money. As you know, the last time we discussed this there was some concern about the architects charges and fees. I share those concerns with you. We have a little bit of additional money and can contribute another $3,000.00 towards that. An additional $6,300.00. We can put another $3,000.00 into that. And also, to clarify, this would be a meeting conference room for anyone in the building who would need a conference room for anyone in the building, not just ours. It is part of the building. Certain people have use for it Anyone else needs a small meeting room to have a private conference or whatever. They are data hook-ups in there. There will be a screen for power point. It can be used by anyone. Do you want the sign up to be at the front desk?"

Com. Evans, "The scheduling would probably be best handled through the switchboard."

Com. Burrus, "You understood that also from the beginning of the discussion. I appreciate that. Any further discussion on the contractor."

Com. Evans moved to approve the contract with Berglund Construction, Com. Harper seconded, motion carried.

Atty. Rinkenberger, "Keith, take these original contracts and give them to Vic Ritter so they sign the contract and give the original back to us."

COMMISSIONERS' REPORTS

North District: Com. Evans

1. Pine Minor Subdivision 2313-C-1 Road Agreement, located on the north side of CR
1300 North between CR 300 East and CR 375 East. Offer to contribute $750.00/lot for a total of $3,000.00. Owner and subdivider is Michael Griffin.

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

Center District: Com. Harper

1. Extend Wild Rose Performance Letter of Credit #2900020, from First National Bank
of Illinois in the amount of $18,000.00. New expiration date is June 13, 2005. Recommend approval.

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

2. Union Minor Subdivision #432-C-1 road agreement, located on the west side of CR 625 West between CR 300 North and CR 350 North. Offer to contribute $750.00/lot for a total of $750.00. Owner & subdivider is Rodney & Levetta Noel.

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

South District: Com. Burrus

1. Extend Hunter Trail, Phase A, Performance Letter of Credit # 2003-1366, from
Marquette Bank in the amount of $118, 000.00. New expiration date is July 25, 2005. Recommend approval.

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

2. Porter Minor Subdivision #546-C-1 road agreement located on the east side of CR 600 West between CR 500 South and CR 350 South. Offer to contribute $750.00/lot for a total of $3000.00. Owners and subdividers William & Christine Cain.

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

CORRESPONDENCE

Veteran's Service Officer monthly report for April 2004 is on file.

Appointment to the Porter County Public Library Board

Com. Burrus, "This is a recommendation by the Porter County Public Library System to reappoint Judith Ann Hanson to serve a 4 year term on the Porter County Public Library Board from July 1st of 2004 through June 30th of 2008. Discussion."

Com. Harper moves to approve. Com. Evans seconds. Motion carried.

Appointment to the Workforce Investment Board

Com. Burrus, "Next, we have a recommendation from the Center for Workforce Innovations to re-appoint Linder Friedrich, Adult Education Director for Portage Township Schools to serve a 3 year term on the Workforce Investment Board from July 1, 2004 through June 30, 2007."

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

Com. Burrus, "We have a recommendation for the Center for Workforce Innovations to re-appoint Mike Baird, Vice President of Mercantile Bank to serve a 3 year term on the Workforce Investment Board from July 1, 2004 to July 30, 2004."

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

Request to transfer funds-ITS Department

Fund 01.50$69.92from acct 2110office supplies
Into acct 2120office fixtures under $100

To cover final costs for adding shelving to accommodate storage for equipment.

Com. Evans moved to approve, Com. Harper 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, "Sheila, I think you can help us on this, we are at a bit of a loss on this one. The information we have is an additional appropriation for $115,592,00, acct 4110, Land Purchase."

Ms. Riley, "What happened was last year when you turned your CCD budget in, you turned it in without an amount in Land, it was '0'. Then when it came before the Council, it was advertised without that $115,000.00 in that amount. So you asked for that $115,000.00 to be put into that line item . ."

Com. Burrus, "We don't know about that."

Ms. Riley, "Why you did it, I can't explain, all I can tell you is at budget hearings it was '0' when you walked in and $115,000.00 when you walked out. You would have to get the minutes from Jan. What happened, is the state approved the budget at what it was advertised, but because that $115,000.00 was included in there at the budget hearings, therefore we had to get that redone because the budget was approved without it. That is why you had to do the additional."

Com. Evans, "There is no request to spend it either is there?"

Ms. Riley, "It is CCD money."

Com. Burrus, "If it were approved here as an additional we can transfer it but we still don't know the purpose originally."

Atty. Rinkenberger, "We need to get the minutes from the Council meeting so we can see if there are some identifying conversation."

Com. Evans, "Why don't we schedule this for two weeks and do some investigation on it."

Com. Burrus, "Good idea. We will try to figure this out in two weeks."

Com. Harper, "We agreed to spend some of the CCD money, how we are going to do it?"

Ms. Riley, "You will have to appropriate it. The money that we have gotten so far is already in your funds. I have already separated everything out, therefore it is there. You will have to appropriate it based on what you are going to do within those funds and you are going to have to do that in front of the Council. But, if you were to do . . if you do an additional, you will have to advertise it and the very next day after the meeting, the money would be put into the line items. It does not have to be approved by the state. It only has to be approved by the Council."

Com Harper, "How much is in the fund?"

Ms. Riley, "You've got like 9 different categories."

Atty. Rinkenberger, "We had them divide it based on a percentage of the overall amount and then it goes directly in. We should be able to pull that out."

Ms. Riley, "Melissa has all that."

Annual report of Congressional Township, Common School and Permanent Endowment Fund

Com. Burrus, "We had another item that had to do with an annual report. Can you tell us what that is?"

Ms. Riley, "It is a report that has to be done every year and has to be sent down to the state. Basically we send it to the state superintendent. It is about all the schools, it is like a treasury bond that used to exist. It is still there, I don't understand, but it is the same report that has been done every single year since, it started back in 1992. It has to be approved by the Commissioners. They have always approved it."

Atty. Rinkenberger, "How would they know that the information in that report is accurate?"

Ms. Riley, "Because I give it to you."

Atty. Rinkenberger, "Okay, the Auditor's office is attesting to the accuracy of the report and we're just signing. . "

Ms. Riley, "Yes, the report I gave you is signed by Sandy, which attests I put the right information on there and then you need to just sign off on it so we can send it back to the state."

Com. Evans moved to approve the annual report of Congressional Township, Common School, and Permanent Endowment Funds for the year ending April 30, 2004. Com. Harper seconded, motion carried.
Com. Burrus, "The other items had to do with Highway transfers and I think we would like to have a Highway Rep here. Dave Schelling and Al Hoagland are at a conference today so they are not available and we will take care of that the next time."

Com. Evans, "Nancy Kolasa was here last meeting and got approval from us to enter into a contract with Comcast to provide high speed internet service. She sent me a note indicating she needs a member of this board to sign her contract. We have already given her the consent to do that."

Com. Evans moved to approve the contract and to sign as requested, Com. Harper seconded motion carried.

Com. Burrus, "Do we have any other business to look at? Do we have anything for Plan Commission?"

Mr. Thompson "Don't have any rezones or anything, no."

Com. Burrus, "Then we can terminate here."

Atty. Rinkenberger, "Do we need to talk to him? Why don't we 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