PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
WEDNESDAY, NOVEMBER 3, 2004
10:00 A.M.


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Wednesday, November 03, 2004 in the Commissioners’ Chambers of the Administration Center.

Those present: Commissioners David Burrus, John Evans, and Robert Harper, County Attorney Gwenn Rinkenberger, Melissa Hartig and Vi Wagner.

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


APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of November 1, 2004, Com. Harper seconded, motion carried.


APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of November 3, 2004, Com. Harper seconded, motion carried.


APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of October 19, 2004, Com. Harper seconded, motion carried.


SUB-RECIPIENT AGREEMENT FOR HOUSING NEEDS ASSESSMENT GRANT-
Caroline Shook, Housing Opportunities

Ms Shook, “If you remember several meetings ago, you accepted a grant that was awarded from the Indiana Housing Finance Authority to the county wide housing needs assessment. This is for the group that would be doing the actual work and study themselves. Their agreement with the Commissioners that they are going to do is study as was outlined in the grant and . . (inaudible) . . and its terms. Would you like me to go through those terms?”

Com. Burrus, “I don’t think you need to go through the terms specifically but do the terms and the performance of the provider meet the grant requirements and if they are willing to do it for the amount of the grant ?”

Ms. Shook, “Yes for the amount of the grant and it will not be over the amount of the grant.”

Com. Burrus, “Gwenn, have you had a chance to look at this?”

Atty. Rinkenberger, “Yes I have.”

Com. Burrus, “Any concerns at all?”

Atty. Rinkenberger, “No.”

Com. Harper, “One thing I have a question about, on the whereas, the third whereas.”
Atty. Rinkenberger, “In agreement with IHFA provided the county (reading to herself) . . . , this is something we sign.”

Com. Harper, “I know that but what are we agreeing to?”

Atty. Rinkenberger, “It is boiler plate language. No discrimination, no ____ work force.”

Ms. Shook, “They also have to abide by it.”

Com. Harper, “If we are not hiring anybody, how can there be any discrimination. I am just trying to ask what our responsibility is. She’s talking about the things that we comply with. Are we saying that you guys comply with it as you do the study?”

Ms. Shook, “No. You are saying you comply with it but this agreement says that we will also comply with it as we did the study.”

Com. Harper, “I didn’t think we were doing anything but authorizing the study. That’s all I thought we were doing.”

Com. Burrus, “People carrying out the study have to be non discriminatory . . . “

Ms. Shook, “Correct.”

Atty. Rinkenberger, “And we support the fact that we want them to be non discriminatory.”

Com. Harper, “Okay, I am just trying to get a picture as to what this applies to.”

Atty. Rinkenberger, “It applies that anybody whose doing anything on our behalf, we are saying in that paragraph that we would like to assure them we are going to abide by the law.”

Com. Harper, “It sounded like to me we were taking on some responsibilities. I just wanted to make sure.”

Com. Evans, “We should mention the dollar amount and it is not to exceed $30,000.00.”

Com. Harper, “I am fine with it.”

Com. Evans moved to accept the agreement for the Housing Needs Assessment Grant, Com. Harper seconded, motion carried.


OFFICE HOLDERS/DEPARTMENT HEADS

Great Lakes Toxicology Lab 2005 contract
Amy Beier and Michael Golub, Juvenile Probation

Com. Evans, “Amy and Mike are here on behalf of Juvenile Probation this morning to bring us up to date and make us aware of a need that has always been ongoing and is kind of critical. The Great Lakes Laboratory, along with every other entity that serves Porter County, in the last few years took a cut back in their appropriation in their contract with us at our request. The lab provides services not only to Probation but to the Coroner’s Office, the Sheriff’s Department, and many other agencies and departments in the county. The dollar allotment for everyone is coming to a very tight narrow end at the end of the year. They want to bring our awareness to the fact that we need to approach the Council for an additional appropriation to complete our contractual portion of the agreement with Great Lakes for this year. We also need to ask for an additional appropriation as their contract was not real timely getting here, we didn’t put in for a sufficient amount to last for next year. That is the purpose for their visit today. Is there anything you want to add?”

Mr. Golub, “No.”

Com. Evans, “I don’t know if we can sit here and put our finger on a dollar amount right now because of the other agencies that are involved in the use of this facility. I would like to ask Amy and Mike to participate with me in a fact finding mission in the next few days to find out a dollar amount that we need and we will get on the Council’s agenda to get the additional and to amend our budget for next year for their contract.”

Com. Burrus, “John, you mentioned that there are numerous other departments that have requirements for the toxicology lab service, so it is not just us.”

Com. Evans, “Right and the contract is broken down into Probation, Adult and Juvenile, the Coroner has a portion of it, the Sheriff uses some of it, the Prosecutor uses some of it, so all those entities need to be brought to the table and see how much do you have left and then to find a dollar amount and approach the Council with that. I guess I just want permission from the other Commissioners to pursue that.”

Com. Harper moved Com. Evans pursue that and go before the Council for an additional appropriation,

Com. Burrus, “At this point in time, the third of November, and you are looking at the balance for 2004, so, the Council is meeting . . .

Com. Evans, “They are going to meet the end of November. So, Melissa can get us on their agenda.”

Com. Evans seconded, motion carried.


COMMISSIONERS’ REPORT

Com. Evans, “The highway engineer will pass out the 2004 Bridge Inspection Report Book as prepared by USI Consultants. And a claim form to INDOT for $5,174.51 to reimburse the county for bridge inspection costs.”

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

Mr. Schelling, “This is Phase 2 of the Bridge Inspection. This will complete our project with USI. I would like it if the Commissioners would accept it as the final report. INDOT has already reviewed them.”

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

Com. Burrus, “This would be the result of a two year contract with this engineering firm?”

Mr. Schelling, “Actually, it would be considered a four year contract because the bridges are inspected every two years so we will be looking to get a new contract underway in early 2006.”

Com. Burrus, “So we will still be using USI?”

Mr. Schelling, “No, their contract would be over. I would have to advertise it again and select another consultant. I do have a letter that was for Bridge 58. I don’t know if the Commissioners want to hear this in TAC next time.”

Com. Burrus, “Bridge 58 is the bridge over the Kankakee River on Baum’s Bridge Road, is that right? And we had requested a proposal from various engineering firms and we had seventeen responses about a month ago. With that background, where are we now with this?”

Mr. Schelling, “It is really a difficult decision because all seventeen are excellent firms. They are my peer group and I have tried to rate them as well as I could realistically. The top five or six are neck and neck, but I have to put somebody as number one. I did want to point out that Beam Longest and Neff is here. I have known them since I started at the county, I’ve known them for a long time. Unfortunately, they are not number one.”

Com. Burrus, “Would the board consider accepting David’s ranking here, one through seventeen, and then draw conclusions on who you would want to invite in for the interviews?”

Com. Evans, “I would like to get the locations from each of these companies.”

Mr. Schelling, “Okay, RW Armstrong is Indianapolis but they also have a Merrillville office. HNTB is Indianapolis; WTH is Indianapolis; DLZ is South Bend, Hammond and Indianapolis; CTE is Indianapolis; USI is Indianapolis; Butler Fairman and Seuffert is Indianapolis and Merrillville; Beam Longest and Neff is Indianapolis; Collins Engineering is Chesterton; BONAR is across the street; Ross and Fisher is South Bend; Transportation Consulting Engineers is Indianapolis; RQAW is Indianapolis; Ken Hercick is South Bend; First Group Engineering is Indianapolis and Hammond; Guardian Associates is Indianapolis; and Floyd Burroughs is Indianapolis.”

Com. Harper, “Do we have two that have offices in Porter County?”

Mr. Schelling, “Yes, BONAR is in Valparaiso and also in Fort Wayne. DLZ is in Hammond and Indianapolis and South Bend.”

Com. Burrus, “I was simply going to accept David’s recommendations here in terms of his listing. It is up to the board to interview.”

Com. Evans, “There are seventeen of them and David said they are all capable of being number one or very close to being number one. If you want to interview them, I guess we will interview them.”

Mr. Schelling, “I know I kind of dumped this on you, if you would want to wait.”

Com. Harper, “Doesn’t DLZ have a bunch of employees in the county?”

Com. Evans, “Yes, they just did the Joliet Bridge also.”

Com. Burrus, “I think we should develop our own short list based on what he has presented here and then . . .”

Com. Evans, “Let’s take it under advisement and act on it at our next meeting.”

Com. Burrus, “Okay, we will do that.”


Comments from David Schelling, Porter County Highway Engineer

Mr. Schelling, “INDOT indicates we are 25% complete in our design of County Road 100 South between 600 West and State Road 2. This is because of the project grade plans in to INDOT for their review. I also wanted to mention that the quarterly Railroad Advisory Committee meeting for the North Judson railroad is operated by the Chesapeake and Indiana Railroad, is going to be November 8 at 3:30 at the North Judson library. I also wanted to mention that Norfolk and Southern Railroad has been very cooperative. They are going to be installing gates and flashers at crossing 575 East, they are also going to work with us to widen that road, to widen out the crossing. They have been very cooperative.”

Com. Burrus, “That is one of the crossings we have unprotected at this point but it also has very, very steep approaches and almost a peak at the top. I think, Al, we have talked about that one already as far as improving the approaches to the railroad.”

Mr. Hoagland, “Yes, sir. We have lined up . . . (inaudible).”

Com. Burrus, “Then the comment Dave is making is the railroad will cooperate and put barricades in, too.”

100 North discussion

Com. Harper, “David, tell us where you are at with 100 North.”

Mr. Schelling, “Okay. 100 North, west of Tower Road, 250 West. This is a road that fronts Aberdeen Phase D that is called the Links. The road agreement that we had with Bill Weidman, who is the developer, was for him to pave the county road with binder and then surface from Tower Road to 325 West, which would be about ¾ of a mile. Unfortunately, he lost control of the subdivision, I don’t know the details of that, since a bank has taken it over evidently and that Aberdeen Links LLC has the majority of the lots in that location. The people involved in that would be Ron Fisher, Bob Coolman, and Larry Hites, the realtor and their spouses, evidently, I am not positive about that. I talked to Ron Fisher probably over a month ago and he was going to give me the banker’s name I needed to contact. I haven’t heard anything. So, on October 6, I talked to Sandy Coolman and also faxed her a copy of the road agreement. Then on October 21, I wrote a letter to Bob Coolman asking for information and I asked that he give me a call or to give me a person I could contact to get the work done. That road does need to be improved, and it should have been done by means of that road agreement.”

Com. Harper, “Here is the situation as I see it. That not just that road should be improved, it is a mess, is that right or not?”

Mr. Schelling, “Yes.”

Com. Harper, “And now we let this go to the place that these lots have changed hands. Can those commitments they make run with the lots or not?”

Atty. Rinkenberger, “I would argue that they would.”

Com. Harper, “Because we need to take some action. These people have sat out there and, so can we do it or what do we need to do?”

Atty. Rinkenberger, “As we discussed previously, I think there are a couple different actions we could consider because the Plan Commission put a moratorium on building out there, that always gets the attention of the owners of the lots. Then we could try to enforce the commitments. Or do one and see if that causes a problem, if it doesn’t, try to enforce it.”

Com. Burrus, “Are we clear on who owns the lots at this point?”

Com. Harper, “Yes, I think we are pretty clear. It is a corporation at this point that owns it.”

Com. Burrus, “Are they the ones providing security for the bank? You mentioned a bank in your statement.”

Mr. Schelling, “That is who Ron Fisher mentioned that I should contact but he never gave me a contact person.”

Com. Harper moved to make a recommendation of it so we can make ours to the Plan Commission, that they stop building out there until this gets worked out and this road thing gets done,

Com. Evans, “How many times have the lots changed hands?”

Mr. Schelling, “I have no idea.”

Com. Evans, “All in the next agreement?”

Mr. Schelling, “Since August of 1999.”

Com. Evans, “Has it ever been renewed with a letter of credit or been released?”

Mr. Schelling, “No, it has never been renewed.”

Atty. Rinkenberger, “It seems to me the dispute may be between the people who
signed this agreement and the people who took over the lots and placed a moratorium on it were those two parties to come to an agreement on who is responsible for that commitment.”

Com. Harper, “John, the road is in bad, bad shape.”

Com. Evans, “Was there originally a letter of credit?”

Mr. Schelling, “Well, for the subdivision itself, I believe there was.”

Com. Evans, “Have we allowed that to expire?”

Mr. Schelling, “That didn’t cover . . .”

Com. Evans, “That didn’t cover the access road.”

Mr. Schelling, “That is correct.”

Com. Evans seconded, motion carried.

Com. Burrus, “There is one more thing while you are here I would like to mention and I think both Bob and John would support me on this. It has been almost a year ago since we had discussions about the condition of the railroad crossing of the Grand Trunk, or the Canadian National on State Road 2, east of Valparaiso. At that time they told us and assured us they would make repairs and improvements at that crossing prior to the advent of bad weather, for last winter. All they did was grind off a bump and it has been remaining that way throughout the season. Now it is going to be bad weather again and nothing has been done. In frustration with that situation, I have gone down the line on a number of their crossings and the majority of them in Porter County are in terrible shape. I would ask David, if you would, to consider giving them a call and also the gentleman with the Federal Railroad Commission that we deal with periodically, and update him with the status and see if we can’t get something moving on that issue. I would request the approval of this Board for that.”

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

Com. Evans, “Speaking of railroads, I would like you to take a look at the overpass bridge on 50 West just north of 900 North. The concrete has deteriorated a lot since the last time we talked. That is the one the railroad doesn’t want to mess with because the road doesn’t meet our standards and they don’t want to put it back in to meet our standards.”

Mr. Schelling, “That is the location we spent a lot of extra money, about five miles east of there on the bridge at 600 or 500 East to make all of their possible clearance requirements or desires even for future tracks and then they won’t even. . . . “

Com. Evans, “No, you are talking Sumin Valley, I am talking Liberty Township.”

Mr. Schelling, “Yes, it is the same line. And then they are talking about rebuilding this underpass recently and they wanted a quarter million dollars from us to get minimum clearance.”

Com. Evans, “And where you are talking about they have enough asphalt and because of the derailment, that they could make loading and unloading zone down there. They need to be called to task on that bridge.”

Mr. Schelling, “Okay, I will contact them.”

COMMISSIONERS’ REPORT

Center District: Com. Harper

1. The Prairie @ Aberdeen, Phase 1, Performance Letter of Credit #MNB-1002103 from Mercantile Bank in the amount of $22,500.00. Recommend approval.

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

South District: Com. Burrus

1. Morgan Minor Subdivision 2445-A-1 Road Agreement, located on the south side of CR 300 South between CR 300 East and CR 500 East. Offer to contribute $750.00/lot for a total of $2,250.00. Owners and subdividers are Gerald L. and Leisa N Blum. Recommend approval.

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

CORRESPONDENCE

Court Security monthly report for September 2004 is on file.
Weights and Measures monthly report for October 2004 is on file.
Clerk’s monthly report for May 2004 is on file.
Clerk’s monthly reports for August and September 2004 are on file.

Approval of official bond for Holly Seibel, Director of Opera House

Com. Evans moved to approve the bond for Holly Seibel in the amount of $8,500.00 Com. Harper seconded, motion carried.

Agreements submitted for authorization by the Memorial Opera House for 10/1/04 and 10/15/04

1. Royalties for the performance of “Nuncrackers.”
2. Personal Service Agreement with Michelle Craig for the program “1942: On the Air”
3. Agreement with the Post Tribune for discounted ad rates.

Atty. Rinkenberger, “Let me tell you how this came about. Apparently these are boiler plate contracts that have been approved years ago and for the past three or four years the Opera House has been just signing these contracts themselves without submitting them to the board and technically I had a problem with that since you guys are responsible for all contracts. I suggested that since they are boiler plate it was impossible for her to conduct her business at the Opera House and come before us to have these contracts signed, that we could try having her approve them and having us ratify them at our meeting afterwards. So then, we are technically complying with the contract approval requirements and not making it impossible for her to conduct her business. So this is just my idea, I don’t know if that is how you want to do it or not. These have been approved for the past four or five years.”

Com. Evans, “The previous director brought them all to us.”

Atty. Rinkenberger, “I suggested that once a month she give us a copy of the contracts and we will ratify her approval.”

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


Approve Toxicology Agreement with Great Lakes Laboratories for 2005

Com. Burrus, “We have already addressed this, John?”

Com. Evans, “Yes, that is the elusive dollar amount for 2005 that we need to pin down.”

Com. Burrus, “Okay, that is to be determined further in your discussion with them.”

Com. Evans, “Right, but this will be for next year. That’s a yes.”

Com. Burrus, “For the record this is for the toxicology contract we discussed earlier.”

Approval of Animal Shelter Contract with town of Burns Harbor for 2005

Com. Harper moved to approve the animal shelter services contract with Burns Harbor for 2005 in the amount of $170.49, Com. Evans seconded, motion carried.


Request for transfer of funds-Commissioners

Fund 01.30 $75.00 from acct 3750 other rentals
Into acct 3930 dues and subscriptions

To pay membership fee to the Indiana to the Indiana Municipal Lawyers Association.

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

Request for transfer of funds--ITS (was originally denied at October 19 meeting)

Fund 01.50 $40,000 from acct 3120 consultants
Into acct 1110 salaries

Return unused money from consultants back to salaries.

Com. Burrus, “That came to a realization at the last Council meeting that this in fact, was transferred from salaries.”

Com. Evans, “They never gave them an additional appropriation, they took the money out of salaries. They took their money from salaries and said use that to hire the consultants.”

Com. Harper, “Next year is not that way, is it?”

Com. Evans, “No. Actually this is a moot point because the Council already acted on it.”

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



MARGE HEFNER COMMENTS

Ms. Hefner, “I would like to thank you, Mr. Burrus, Commissioner Burrus, for being our commissioner and facing some tough issues and working through them. In my opinion, you have done a fine job along with your Commissioner buddies there. I would also like to congratulate Mr. Evans and I would also like to congratulate Carole Knoblock, and I wish her a lot of luck when she comes before the Porter County Council for money. Thank you.”

Com. Burrus, “Thank you, Marge. I think we are ready to wrap up this one issue with the Plan Commission business. I don’t see Bob Thompson, but I think since we have already had the hearing, John Kremke, if you care to address this and give us a little bit of background.”

PETITION TO VACATE-GARDEN TERRACE SUBDIVISION
John Kremke, Duneland Group

Mr. Kremke, “I am John Kremke, representing the petitioners John and Jane Roscoe. We appeared before you in a public hearing and discussed the issue of right of way vacation next to the Roscoe’s home, it would have been four weeks ago. At that time a motion was made by the Board of Commissioners to continue the case for another two weeks to give the Roscoe’s and the adjacent property owners the right of way to reach an agreement. As of your last meeting two weeks ago, some more time was needed to reach an agreement due to schedule conflicts and work schedules. Since that time the Roscoe’s and the property owners who are also affected by the right of way vacation, have reached an agreement which I did fax to your attorney late last week. The agreement, at our suggestion, should be either attached as an appendices to the right of way vacation ordinance or these items should then be included. This agreement has been signed by all four parties involved. With that, if there aren’t any further questions, we just ask for your approval.”

Com. Evans, “Everybody has agreed and I think that is admirable. I think this is a fine working solution for everyone.”

Com. Evans moved to approve the agreement and grant the vacation as requested, Com. Harper seconded, motion carried.

Com. Burrus, “We appreciate the cooperation between the parties. I believe that concludes the only item of business for the Plan Commission session. Anything further?”

Mr. Roscoe, “How soon does this take effect?”

Com. Evans, “About thirty seconds ago.”

COMMISSIONER EVANS COMMENTS ON ELECTION

Com. Evans, “I have something. I would just like to say I am proud to have served with Dave and I think his knowledge and experience have been extremely important to the citizens of this county. I find it very difficult to believe his replacement will even come close to filling his shoes. I think it is unfortunate that a person with no vision to the future has been entrusted with the responsibility of helping and guiding the county through the next four years. I would like to thank my supporters and reassure all the citizens that I will continue to work hard and represent their views and provide as much input as possible for the next four years.”

Com. Burrus, “Thank you, John, I appreciate your comments. And I would like to take a public opportunity to thank the supporters who worked on my behalf as well. The public has spoken, I can certainly accept their decision and just hope the best for Porter County in the next four years.”

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


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


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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

Attest: Sandra K. Vuko, Auditor