PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, NOVEMBER 16, 2004
10:00 A.M.


The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, November 16, 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 15, 2004, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of the special meeting of August 30, 2004 and the regular meeting of November 3, 2004, Com. Harper seconded, motion carried.

PRESENTATION OF PORTER COUNTY RESOURCE GUIDE-
Lorelei Weimer, Duneland Chamber of Commerce

Ms. Weimer, “On behalf of the Chamber of Commerce and the Tourism Bureau, we are pleased to announce that we actually and officially finished the Porter County Resource Guide. I know this has been a long awaited guide but I think the wait has been well worth it. As you may recall, I received a call from an outside company that wanted to do the resource guide. We felt strongly that we could do it in house and do a much better job and represent truly the quality of life in Porter County. What is nice about this piece, is we get calls in our office, people wanting to relocate to Porter County and they have not chosen a community yet and this gives them an overview of the entire county and they can have that choice. We will distribute then to all the distribution sites. I think all the changes the Commissioners voted on are in there as well as the (inaudible) as well in terms of above and beyond in terms of what they did for the guide, we really appreciate it. So, finally, we just wanted to present this, and I think it is a great idea. We are extremely pleased with the end product.”

Com. Burrus, “It is very nice. Do you care to recognize who you have here from the Chamber of Commerce?”

Ms. Weimer, “Yes, I do. I have Bonnie Trout from the Duneland Chamber of Commerce and Deb Butterfield from Valpo. Her office has been really gracious and did the accounting for us and the distribution and . . . (inaudible.)”

Com. Harper, “It is a real nice product.”

Com. Evans, “It is excellent, and when you compare what we were given to look at, it was a generic book about half this size that was done for forty or fifty different counties. All they did was plug in the statistical information pertaining to our county, then you look at your finished product, there is a little bit more here.”

Ms. Weimer, “There really is. I think there is much more use than the other guide. This is an easy way to find information.”

Com. Evans, “Can these be updated on a yearly basis or how often?”
Ms. Weimer, “It is going to be handled with a minimum shelf life of one year.”

Com. Evans, “The photography is great.”

Com. Burrus, “I am very pleased to have it available for the public. Thank you and thank you to the Chambers, too.”

Ms. Weimer, “It is going to be distributed at the Plan Commission, the Commissioner’s Office, the Park Department, all the Chambers of Commerce, the Economic Development Commission, at our office and at the libraries of the towns and cities. So we have a wide distribution area to get that out.”

Com. Burrus, “Have you decided if the North County Annex would be a good place?”

Ms. Weimer, “It would be, we could definitely add that.”

AMENDMENT TO RESTAURANT INSPECTION CODE-
David Hollenbeck, Attorney
Keith Letta, Director of Health Department

Atty. Hollenbeck, “Good morning, Commissioners. Keith and I are here this morning to ask that you make an amendment to the Porter County Code as it relates to our food services establishment inspection program. The amendment has been mandated first by the Indiana General Assembly and then by the Indiana State Board of Health as they implemented their regulations that require each food service establishment that is permitted by a county to have at least one certified food handler on the payroll. Keith can share with you what is involved in being a certified food handler.”

Mr. Letta, “The individual has to go through a class taught by a certified instructor. There are various classes, some are four hours, some are six hours, and some are eight hours with different focuses. They all have to pass the same exam to receive their certification. Regulation does not require an individual be on the premises at all times, it requires that a person be on staff. This individual can train the other employees in proper food handling procedures and sanitation of the restaurant. It is not a burden on a food service establishment to have them, throughout the day at two or three different shifts of operators, it is just required to have one on staff. We are very supportive of this effort in light of what transpired last week.”

Atty. Hollenbeck, “The regulation takes effect pursuant to the state’s statute on January 1st of 2005. That is why we are here today. What actually has to be done is a rather minor change in the municipal code, simply to add the new IAC code provision regarding this. All I have simply done is add an item to IC 7-12-22 to the perimeters of the local food service establishments must comply with in order to receive satisfactory inspection from us. It falls upon us as the local health department to make sure that the state regulations are being followed and that part of our inspection program starting January 1st of the these restaurants will be to have them tell us who their food certified person is and make them show us they have completed this successfully and passed the test. I think in our wisdom when we wrote this we didn’t put all this into your code, we referenced the state and we just added another reference because the State Board of Health Regulations regarding this issue are now found in 410IAC7-22.”

Com. Harper, “If the state passes the statute, why do we have to, they are going to enforce the state statute aren’t they?”

Atty. Hollenbeck, “No. As a matter of fact how the State Board of Health rules works, we have to have a local enabling ordinance that facilitates our ability and responsibility on the local level to enforce. We do not enforce all state health laws, we only enforce those state laws that we have determined and you have authorized us to enforce. There is a myriad of nursing homes, hospitals, we don’t inspect any of those. The state does it.”

Com. Harper, “So we are passing this because your department has said this is one we want to enforce.”

Atty. Hollenbeck, “No, we have been told, the state pretty much tells us which ones we are going to enforce and which ones we are not.”

Com. Harper, “I see it says about serving pre-cooked hot dogs. That’s one thing I was thinking about is the little hot dog stands down here in the square. What about some of these convenience stores that have packaged sandwiches and so forth. Does that apply to them?”

Atty. Hollenbeck, “Depends on what type of a permit they have. If they have a full food service establishment and if they are preparing food on the premises for sale, then it would apply to them. If they are selling pre-packaged food, then it does not apply because they are not preparing food.”

Com. Harper, “What if that chain prepares food themselves and takes it to other premises?”

Atty. Hollenbeck, “It would be my feeling they would have to have a food service established person at the point of preparation. In other words, if there is one point of preparation and thirty five points of distribution, they don’t need thirty five certified food handlers, they need one.”

Com. Harper, “What about convenience stores selling fried chicken?”

Atty. Hollenbeck, “If they are preparing fried chicken on the premises, then yes, the state rules would apply.”

Com. Harper, “What if they are preparing Slurpee’s?”

Atty. Hollenbeck, “This is turning into twenty questions. My feeling would be no.”

Mr. Letta, “A hot dog cart or nachos would be considered a non potentially hazardous situation. So basically if you have a convenience deli set up where you actually make sandwiches or make chicken or something like that, those are the ones it would apply to.”

Com. Evans, “It says the code there is a minimum sanitary requirement. Do you have a need or want for any stricter regulation?”

Atty. Hollenbeck, “I don’t think so at this point. We are in the process of learning about this new requirement as everyone else is. I think we need to implement it on January 1st and see how it goes. Ironically, because what has happened over the past ten days, we are more sensitized than ever to the need for this regulation and the importance of it. In the wisdom of the state and the compromises that occurred in Indianapolis, as Keith alluded to, there doesn’t have to be a certified food handler on the premises at all times, just that there be one on staff, one employee. At this point it is my thought that fortunately, and I digress a little bit into our current problems. Fortunately these are the rare occurrences in Porter County. We haven’t had a salmonella outbreak in Porter County since the late 1980’s until ten days ago. I think that is a tribute to the quality of our restaurant people and the quality of the inspection program. I still think what happened over the last ten days should not be a factor in deciding how firm we need to be. I think we need to move forward with this as proposed by the state and see how it works.”

Com. Evans, “This doesn’t provide for a method for which a certified person to certify who he has trained. Does the certified person become a certified food handler, there is no method for him to report to you who has or has not been trained, is that some type of internal paperwork you are going to require?”

Atty. Hollenbeck, “There is nothing in the state law or state regulation that requires what Keith said about subsequent training. I think Keith was alluding to the logic of why the state said you only have to have one certified.”

Com. Evans, “I am talking about the physical aspect, you go to inspect a restaurant and you say, has this person been trained and somebody says yes, how do you know if that is true or not?”

Atty. Hollenbeck, “That one person will have a test and a certificate. That is in the State Board of Health regulations. Again, all the ordinance references is 410.IAC 7-22, otherwise this would be a thirty page ordinance.”

Com. Evans moved to approve the ordinance on first reading, Com. Harper seconded, motion carried.

SALMONELLA OUTBREAK UPDATE

Atty. Hollenbeck, “If we could have another minute of your time to report on the status of what we have been dealing with over the past week and answer any questions you may have regarding the process. Keith says that as of this morning we are up to twelve confirmed customers and four employees at the restaurant so we are up to a total of sixteen people we have confirmed through testing and interviewing of them that have salmonella group D and it occurred from eating at the restaurant. The last case of that though, we think occurred on November 6. We have had no subsequent ones following that so we believe that we have the problem identified and resolved in terms of where we are with these issues. Although salmonella is a story and the press has been very good at communicating the public nature of it, to me there is another story. The public health system in this county works. The doctors reported it, the Board of Health investigated, identified the problem and solved it. I think it is important that side of the story be made apparent as well. That is in the context of where the Board of Health is functioning still at the staffing and funding levels that go back to 1997. Any questions? The restaurant did reopen this morning.”

Com. Burrus, “There is a time period required before the test results come back?”

Mr. Letta, “We also found there is a delay from when a person becomes sick, a lot of times we found they kind of just ride it out and they just think they have an upset stomach for a few days. So there has been several days before they actually even go to a doctor. There has been up to a week of lag in between from when they actually became ill and when they did finally get to the doctor, there could be two to three days for laboratory work on that. The restaurant did reopen this morning at 6:00 a.m. with our foods people who will spend the entire day there. They went through a complete sanitizing of the entire premises yesterday and then a six hour restaurant sanitation and hand washing class yesterday evening. They finished up about 10:00 last night.”

Atty. Hollenbeck, “The owners have also hired a food consultant who is going to work with them over time. Again, I emphasize the owners of the restaurant did everything the Health Department asked them to. I understand salmonella is a news story but I think another story here is that the public health system worked as it was supposed to work. That includes the doctors, the public, the Health Department and the restaurant operators who cooperated entirely in identifying the problem and getting to the root of this.”

Com. Evans, “Is it safe to say you don’t anticipate any more?”

Atty. Hollenbeck, “There could be, as Dr. Babcoke refers to as secondary. You think you are done with infection that comes directly from the experience at the restaurant. Some of these twelve people, not knowing they had it, may have exposed family members or other people to it and that could be a lag time over the next couple of weeks. At this point, we believe there will be no more cases coming directly from the restaurant. I’ll just briefly indicate, as I understand it, this ball was kind of thrown to the County Council on whether they wanted to utilize this methodology for granting the merit employees pay raises and the County Council chose in their wisdom to do that and I believe you indicated that there was no choice but to do that and you would revisit the issue.”

AMENDMENT TO ORDINANCE 02-15 AND 02-20-HOUSING FEDERAL AND INDIANA DOC PRISONERS, 1ST READING

Com. Harper, “We are duty bound to pass this so before I start discussion, I move we pass this ordinance.”

Com. Harper moved to approve the ordinance on first readin, Com. Evans seconded,

Com. Harper, “I do want to read a letter to the Council. This is to members of the County Council. Because at their last meeting the Porter County Council passed raises for certain of the staff at the Sheriff’s Department, the Commissioners are now being asked to amend our county ordinance to allow the Sheriff’s Department to use money received from keeping state and federal prisoners for these raises. As a Commissioner, I understand that the final decision in budgeting and spending money has been placed with the County Council by the state legislature. Because the Council has the final decision in these matters, we are bound by the law to follow their dictates. However, I do want all the members of the Council to be aware of some of my concerns. As you all know from the letter I sent you on August 31, 2004, I was skeptical that there would be enough money in Fund 217 to pay for the raises passed. I based my predictions on the fact that we were receiving weekly reports from the Sheriff’s Department showing the jail at capacity and further that prisoners were sleeping on the floor. The population was 381 prisoners at that time. Back in August, I knew that if we did not increase the number of prisoners in the jail, we could never fund these raises. Further, I believe that since we were receiving reports that the jail was at capacity, we could not increase the number of prisoners. I was wrong. In order to fund these raises, the Sheriff’s Department has increased the number of state and federal prisoners, resulting in us now having 450 to 460 prisoners in the jail at one time. The first question I ask is how, if a few months ago when we had only 380 prisoners and were at capacity and told that we needed more guards, are we now able to handle 450 plus prisoners? I think the answer to the question is simple. The Sheriff’s Department knew at the time they requested the raises that they would have to increase the number of prisoners, and that they would be asking for more guards, but they did not tell you at that time. First they intended to get those raises, and then come in in the middle of the year for more guards. I ask you to remember two things about this jail. The first is that it was paid for by the people. Tax dollars paid for this jail and tax dollars pay the staff of this jail. In other words, it was built and staffed by the people. Therefore, moneys, if any, earned by keeping extra prisoners there must be handled with the same care as any of the people’s money must be handled. Let us remember too that money generated by these prisoners most likely will not always be available. Therefore, we are budgeting money from a fund that at some point will dry up.
In the first place, as the county needs more and more space for their own prisoners, there will be less and less space to house federal and state prisoners, until finally at some point, we will be using this jail entirely for our own needs. The state also has two prisons that are empty and there is some talk about opening them up. This may affect the number of state prisoners that we will be able to handle. A new jail has been opened in Hammond, and this might affect the number of federal prisoners held here. And further, a different sheriff may have different ideas about how many prisoners we can hold for the state and federal government. We are now funding 11 jailers at the cost of approximately $330,000.00, utilities and upkeep on the jail in the area of $400,000.00, and now raises for members of the Sheriff’s Department in the sum of around $300,000.00. In other words, we are funding over a million dollars from a fund that we are not sure will always be available. In addition to these monies, we are taking some monies out of that fund to help pay for medical costs and food for the additional prisoners. I urge you at this time not to spend any more money from this fund. If for some reason this fund dries up, you are going to place us in the same precarious financial position we have just started to recover from. One other thing I want to mention. Because the number of prisoners has increased greatly, there are additional monies in the Commissioners’ budget over and above the amount needed for the utilities and upkeep of the jail. I believe that the Commissioners should amend their budget and make sure that money is returned to the general fund. However, it is my hope that when this is done, this money is not considered a windfall, but will simply be treated as all other money in the general fund and be budgeted on a yearly basis at the next budget hearings that are held, rather than be spent in a knee jerk type of action.”

Com. Evans, “I agree in principal but I think all the money generated by the sheriff should be put in the general fund because his needs should be paid for out of that fund.”

Com. Harper, “I think maybe John has touched on something that is probably a good idea because it is the Council’s budget and not the Commissioners’ to budget. So I think that deserves something.”

Sheriff Reynolds, “I totally agree with almost everything you said. I think one thing, sometimes mutual respect is lacking and you should understand my motivation and why did what I did. Since I have been sheriff, I have hired over 20 some people, some have retired, ten have left for better paying jobs. The other day the captain of my detective bureau just gave me his letter of resignation that he is going to retire and leave for a better paying job. He is in charge of my detective bureau, that is a major loss for the county. I think my motivation has been, and always been, and what I ran on and was elected for, is to put a better ____ for my employees and the county. I have said this from day one that I try to get more money for the jailers, we compromised on the jail. John mentioned it at the Council meeting that the money should be funneled into the general fund. Right now I need $650,000.00 to do what we need to do. I will have that money by probably no later than March, which means after March, I will have that money coming in and I will submit to you, where is that money going to go? I think there has to be some type of plan with the priorities that we need in the Sheriff’s Department. It seems to me it was my way of taking care of and providing needed income. I am the lowest paid police department in the county and one of the lowest paid in the state. I think we do an excellent job with this, the thing is, when is somebody going to go to bat for the employees, my employees? If I don’t go to bat for my employees, who is? I’ve got jailers that are doing a great job and my warden here, operationally, I can’t say enough about them. But they are making $26,000.00 per year, I ask you, a man that makes what you make, how can you raise a family on $26,000.00 a year and do an excellent job? I think those are the things that need to be addressed. I know in times past when you talk about raises, it has always been across the board and I know politically that’s how that has been addressed but the problem is because of this that has been happening for a couple years ago, there is a lot of people that have specialties, that put their life on the line, and in the jail they certainly do that. They are just not compensated. I think I am fully prepared to sit down and try to work with the Council. You have the attorney for the Council sitting right here, I think it can be worked out. I think you need to know what my motivation was. My motivation was in trying to provide some needed income for my employees.”

Motion carried.

Com. Evans moved to suspend the rules and pass Ordinance No. 04-23 on 2nd reading, motion carried.

ORDINANCE NO. 04-23
AMENDING ORDINANCE NO. 02-15 and ORDINANCE NO. 02-20
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE TO ESTABLISH A FUND FOR THE RECEIPT OF
MONEY FOR HOUSING FEDERAL AND INDIANA DEPARTMENT OF
CORRECTION PRISONERS IN THE PORTER COUNTY JAIL
________________________________________________________________________
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
WHEREAS, I.C. 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, on February 6, 2001, the Porter County Board of Commissioners approved an agreement with the United States Department of Justice, United States Marshall Service, (hereinafter referred to as USMS) entitled Intergovernmental Service Agreement Housing of Federal Prisoners; and
WHEREAS, the USMS is authorized to enter into Intergovernmental Service Agreements for Housing of Federal Prisoners with local entities to establish satisfactory conditions of confinement and detention services in return for guaranteed bed space for federal detainees as authorized in 18 USC § 4013(a)(4); and
WHEREAS, the purpose of the Intergovernmental Service Agreement for Housing Federal Prisoners is to establish a legal relationship between the USMS and the Porter County Board of Commissioners for procurement of detention space for federal prisoners in the new Porter County Jail; and
WHEREAS, such Intergovernmental Service Agreement for Housing Federal Prisoners was entered into between the Porter County Board of Commissioners and the USMS; and
WHEREAS, pursuant to the Intergovernmental Service Agreement for Housing Federal Prisoners, Porter County will receive Forty Dollars ($40.00) as a temporary per diem rate for each federal prisoner housed in exchange for housing, safekeeping and subsistence of federal prisoners, including guard\transportation services to medical facility and U.S. Courthouse in accordance with the contents of the Intergovernmental Service Agreement; and
WHEREAS, pursuant to a separate agreement executed between the Porter County Board of Commissioners and the Porter County Sheriff, Porter County has agreed to take up to 80 federal prisoners pursuant to the Intergovernmental Service Agreement for Housing Federal Prisoners; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of proceeds received as a result of the execution of the Intergovernmental Service Agreement for Housing Federal Prisoners; and
WHEREAS, the Porter County Board of Commissioners have been advised that the Porter County Jail will receive approximately Thirty-five Dollars ($35.00) as a temporary per diem rate for housing Indiana Department of Corrections prisoners; and
WHEREAS, the Porter County Board of Commissioners has determined that it is in the best interest of county government that the money derived from the housing of federal prisoners and Indiana Department of Corrections (hereinafter referred to as “DOC”) prisoners pursuant to this ordinance be deposited in said special fund to be utilized for expenses incurred for operation and maintenance of the new Porter County Jail and the Porter County Sheriff’s Police Department, as more specifically set forth in this ordinance.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code is hereby amended through the addition of Chapter 3.38 entitled Housing of Federal and DOC Prisoners Fund;
2. That Section 3.38.010 is added to the Porter County Municipal Code to read
as follows:
3.38.010 Housing of Federal and DOC Prisoners Fund is established
A housing of federal and DOC prisoners fund is established whereby all money received pursuant to this ordinance and as a result of the execution of the Intergovernmental Service Agreement for Housing of Federal Prisoners in the amount of Forty Dollars ($40.00) per diem rate and the Thirty-five Dollars ($35.00) per diem rate for DOC prisoners shall be deposited into said special fund. Said fund is hereby entitled the Housing of Federal and DOC Prisoners Fund and shall be subject to appropriation by the Porter County Council.
3. That Section 3.38.020 Use of Revenues is added to the Porter County Municipal Code to read as follows:
3.38.020 Use of revenues

The proceeds received and deposited in the Housing of Federal and DOC Prisoners Fund can only be used for the specific purposes set forth in this ordinance. The funds deposited in the Housing of Federal and DOC Prisoner Fund shall be utilized by the Porter County Board of Commissioners to pay for Facility Costs; (including but not limited to the cost for utilities; maintenance contracts; parts and supplies; maintenance labor; custodial labor; and lawn and snow removal); Employee Benefits Costs for jail employees and employees of the Porter County Sheriff’s Police Department; and Insurance Costs associated with the facility; (including but not limited to building/fire, personal property; E-911 equipment; and personal liability).

The funds deposited in the Housing of Federal and DOC Prisoner Fund shall be also utilized by the Porter County Sheriff to pay for Estimated Daily Prisoner Costs; (including but not limited to food expenses; medical expenses; household and bedding expenses; and miscellaneous expenses including equipment; office supplies, etc.); and Salaries for jailers and for employees of the Porter County Sheriff’s Department.

The estimated costs for the Porter County Board of Commissioners as of August 2002, for facility costs, employee benefits and insurance totals approximately $16.50 per bed per day and the total cost for daily prisoner expenses as of July, 2002, for expenditure on behalf of the Porter County Sheriff is $17.14. The above referenced expenditures are hereby subject to annual re-evaluation through agreement between the Porter County Board of Commissioners and the Porter County Sheriff. Said annual re-evaluation shall occur on or before June 1st of each calendar year.

Any monies deposited in said Housing of Federal and DOC Prisoner Fund in excess of the amounts needed by the Porter County Board of Commissioners and the Porter County Sheriff for the expenses set forth above, shall be expended at the discretion of the Porter County Sheriff for general jail operational expenses and general expenses associated with the operation of the Porter County Sheriff’s Department.

3. That Section 3.38.030 is added to the Porter County Municipal to read as
follows:

3.38.030 Termination of funds\transfer of funds
The Housing of Federal and DOC Prisoner Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Board of Commissioners and if and when a subsequent ordinance is passed to terminate the life of the Housing of Federal and DOC Prisoners Fund, the fund balance existing and not otherwise provided for by ordinance, if any at that time, shall be transferred to the County General Fund upon approval by the USMS.

This Ordinance passed and adopted the _______day of ________________, 2004.

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



ORDINANCE FOR VACATION OF GARDEN TERRACE 1ST READING

Atty. Rinkenberger, “They neglected to put in a protection for the city’s easement and water line, they are going to amend the ordinance and we are going to do it first meeting in December.”

Com. Burrus, “So we will not take action on this at this time. Moving on then is a presentation on wellness issues with Leigh Westergren from Anton Insurance.”

WELLNESS ISSUES-LEIGH WESTERGREN, ANTON INSURANCE

(most of this presentation was inaudible due to Ms. Westergren not speaking clearly and loudly enough to be picked up by the recording equipment)

Ms. Westergren, “I have a proposal from NIOMS for 2005. The proposal is the same as last year with $100.00 . . . (inaudible). I think that the numbers from last year’s Wellness Program and the years’ before . . . as well as the fact (inaudible). There is about a 7% increase on the Wellness Program.”

Com. Burrus, “We can take these one at a time as far as approval. The request is to have them, the group from the hospital, come to our sites as indicated on this sheet. So we will be paying $600.00 to have our on site testing program. She mentioned also that was the same figure we paid last year. But we do have to approve that.”

Ms. Westergren, (Whole comment was inaudible.)

Com. Evans, “I think it is a very favorable rate. They bring all their equipment in a big motor home bus. They have two people and all the equipment.”

Ms. Westergren, “This year they are going to increase the benefit and have more testing available.”

Com. Evans moved to approve the $600.00 for NIOMS, Com. Harper seconded, motion carried.

Ms. Westergren, “Another issue is open enrollment that goes through the first of December. There has been a brochure issued to all the departments so they are aware that is you do not select a new plan, you will stay with the plan you have. It is for the last two weeks of November and the first two weeks of December. AFLAC will be coming into the departments the first of December. I spoke with them and they will be doing their enrollment for the different programs and will have all the changes to the Auditors office by December 15. Also, the flexible spending account, Sherry James will be spending time over the next couple weeks with each department and getting their information out. . . . (inaudible.) Right now we have 13 employees participating. (inaudible).

Com. Burrus, “The advantage there is that it is pretax dollars.”

Ms. Westergren, “That is correct. Right now the amount allowed is $750.00 (inaudible.) It covers unreimbursed medical such as medicine . . . . . The last thing is the (inaudible) . . . , which I am sure you saw. . . (inaudible.) We spoke with NIOMS and asked if they would put together some info on nutrition, educational and smoking cessation and that is part of the $100.00. They said they would implement programs and have seminars to encourage better health. This is not something you need to approve at this time.”

Unidentified man, “I can’t hear nothing. You went right by the Garden Terrace item. I didn’t hear it. I am not trying to be smart, I just can’t hear it.”

Com. Burrus, “We’ll make a point for everybody to speak into the microphone.”

Com. Harper, “We have this problem often.”

DAADDA SERVICES, SANDMARK CONSULTING
Randall K. Hunt

Com. Evans, “About two years ago we had that fellow by the name of Joel Carney do a proposal for us and we subsequently entered into a contract with Joel in regard to our telephone service. Through the efforts of his company, we were able to save I think somewhere in the neighborhood of $60,000 to $70,000 by eliminating telephone lines, eliminate a switchboard, various other things that were done to save the county a vast amount of money. Randy and Joel are in a company together now and they do the same service for IT Departments. That is why I asked Randy to come and just give us a little bit of a proposal or idea of what he could do for the county.”

Com. Harper, “Lets have Gwenn go over what we did on Garden Terrace for that gentleman.”

Atty. Rinkenberger, “On Garden Terrace we continued it to the first meeting in December because the ordinance omitted the protection of the water line easement for the city.”

Man in audience, “I live out there and was just wondering what happened.”

Mr. Hunt, “I am going to read my prepared statement. I want to thank the Commissioners for the opportunity to present the following concept for your consideration. My name is Randy Hunt, I am a technology management consultant for owners, executives and overseers of technology functions. As you are probably aware, Joel Carney has been providing consulting services on telecommunications issues and services to Porter County for the last two years. I have recently joined Joel in partnership to add additional capabilities to the portfolio of services. We are now able to provide management consulting and other services on the broader IT and general technology areas as well. Technology is now indispensable in almost every organization. Owners, executives and overseers are required to mange the organizational functions taking technology into consideration in every case. This has added a great burden for them in making decisions. It is very difficult to know what the best decisions are for an organization when it is nearly impossible to stay current on the technology. The alternative of course is to depend on a staff to make the best decisions for their respective functions. However, the staff has the same difficulty in making decisions because they are not always in tune with the information that they need to make the best decisions. In addition to these inherent organizational difficulties, in these days of lean operations, neither the executives nor the staff have the time to train each other to make the best decisions. Our proposal is to offer our part time assistance to extend the capabilities of the Porter County Commissioners in the area of technology oversight with a minimal time investment on your part. We accomplish this by creating a technology model of your organization and helping you manage technology with this model. The model makes it easier to manage technology by providing a visual, documented tool for capturing technology information and issues. This tool will allow you to become better familiar with your technology environment. Over time you will be better able to proactively oversee technology items to assure alignment with your organization’s goals. Our suggestion is to begin meeting monthly, or another appropriate frequency, and build the model over a period of time. In this way our services will be gradual and easier to assimilate into your current routine. During these meetings we would talk through the current issues you are overseeing and provide advice and or alternatives at that time or at the next meeting. We would also begin to collect the information necessary to build the model. Once the model was started a structured, methodical management process would begin where the Commissioners could manage the County technology functions in an educated and proactive fashion. The model will be constructed according to the priorities that you define. We would continue to meet until our meetings were of no value to you. Throughout this process you would determine what work we performed for the county by assigning appropriate work to us during the meetings. You could look at our contribution as an extension of the Commissioners’ capabilities, providing the background expertise in managing technology and performing any required research into alternatives. This may also provide some relief for your staff if they are as busy as most are. Another approach is to build the model as soon as possible and start managing from it as soon as possible. This would involve a detailed investigation into the technology functions. The process would be to collect information, create documentation if necessary, analyze the information and documentation, research as needed and then submit the model. At that point the oversight of technology would take place according to your current priorities and the advice that you would request from us. We would assist you with this oversight for as long as it provided value to you. We want to state also that we have no prior knowledge of your staff’s existing capabilities or performance. We have no intention of ________ the existing departments or employees. They have the most knowledge of the functions that they perform and should be involved in the decision making processes. Any adjustments to the organization and the services provided should be made with an intent to avoid future personnel costs and wasted technology costs, such as the time and expense of implementing a wrong solution. Although surveys and interviews may be part of the process, every effort would be made to minimize the impact of our activity to employee productivity. Our hourly fee for this proposal is $125.00, with the first 6 months billed at the introductory rate of $75.00 per hour. This program does not require a contract so the agreement would be administered on a monthly basis. We would request that 30 days notice be provided if you decide to discontinue the relationship. If you require a contract then it could be drawn up with the 30 day termination clause with no penalty because there are no up front fees for this program. It is understood that non-disclosure agreements may be required for both parties. In summary if you are interested in this concept of assistance in overseeing the Porter County Technology environment then we can begin working through the details of the arrangement and present a proposal at your convenience. I would be happy to entertain any questions you may have at this time.”

Com. Harper, “Is this a program that is set up for people that have a department that deals with these computer programs and so forth and the people don’t understand exactly what is going on in the department and we are the go between?”

Mr. Hunt, “Yes, it is for people that don’t have the time or the responsibility to stay on top of all the issues.”

Com. Harper, “And don’t understand what is going on because they are not computer people. Is this the proposal or is there more to it?”

Com. Evans, “I think we can talk about the proposal later. I don’t know that we have to do that now. I just wanted to get the idea out there and I want to emphasize this is not a witch hunt. Sharon Lippens, from our IT department has done a phenomenal job but this building itself is twelve years old, so maybe there are things in the building that could be corrected that would make her job and the technology issues a lot easier, personnel, departments, the very computer users that we have might all benefit.”

Com. Harper, “So what are you suggesting, John, we consider this again next time?”

Com. Evans, “If that’s the proposal we can act on it now if you want to, but I think it is something that would be benefit to us as the overseers of that department.”

Com. Harper, “Why don’t we do this next time. I think you should visit with our auditor and assessor’s office and explain to them what you have in mind and maybe they will have some thoughts on this. There is a big connection between all those departments and all the information shared by the treasurer, auditor and assessor. Maybe even the IT department, they might have some thoughts.”

Mr. Hunt, “Part of the whole process would be to collect information in general about your environment to get an idea of the total cost.”

Com. Evans, “Lets put this on for the first meeting in December.”

Com. Burrus, “That will be December 7.”


OFFICE HOLDERS/DEPARTMENT HEADS

David Sheibels, E911 Director

Mr. Sheibels, “This is to approve next year’s 911 surcharge budget. The budget is practically identical to last year’s budget. The Council has set $1,000.00 raise for all county employees as you know. That $1,000.00 raise is included in this budget as the appropriate increases. This is practically identical to last years’ budget. The Council set $1,000.00 raises as I mentioned with the appropriate increases for FICA, PERF and those types of issues. The only actual increase that I made in this budget was down on maintenance agreements for an increase of $25,000.00 due to ongoing increases for technology and maintenance contracts such as fee increases for next year. All total is $1,081,010.00 which represents $100,531.000 increase from last year.”

Com. Harper, “What type of effect are cell phones having on your income at this point?”

Mr. Sheibels, “Income that is regulated by state statute and that is based on every 10 year official census in each county. The Indiana Wireless Board which is chaired by state treasurer Tim Barry, sets those formulas and distributes that money to the county directly.”

Com. Harper, “As more and more people are using cell phones, and there are quite a number of people now that are not having land based phones in their home, is that affecting your amount of amount of money you have coming in?”

Mr. Sheibels, “I have not seen an affect here in Porter County as of yet. For some reason, our residential and business customers are keeping land lines intact.”

Com. Harper, “Do cell phones not have to pay anything, or how does that work?”

Mr. Sheibels, “Every cell phone customer has a sixty five cent surcharge on their phone bill which is collected directly by the state, by the treasurer’s office and those checks are disbursed to Porter County on a quarterly basis based on the census. In our case the 2000 census. The next point is that in my opinion and a lot of director opinions across the country, the surcharge laws are not keeping up with the actual legality of the incoming traffic that dispatch centers are having to take on the cell phones. It is time for the nation to revamp their surcharge wireless contribution. Our cell phone increases in the last four years have gone up about 56% with the surcharge in Indiana, the raise is only for ten years so by no means is that what we are trying to do and provide a service. It comes into us just like any other 911 phone. The difference between a cell phone call and a wire line call (Inaudible) the computer information from the dispatch (inaudible).”

Com. Harper, “But you don’t see that as having a big effect in the next couple of years, is that what you are saying?”

Mr. Sheibels, “What is concerning me and all across the country is the business of the internet calls. This is the next emerging technology that is going to start the 911 systems from getting their calls. There is not a state in the country yet that has internet phone surcharge law otherwise known as voice over IP. The FCC is trying to get a handle on regulating that type of industry. You would have AT&T and Verizon that has written me announcing that next year they are going to start some internet phone service in the center of Valparaiso. AT&T told me a few weeks ago that they have five internet phone customers in Valparaiso right now. They see no surcharge. (inaudible) some parts of the country, (inaudible) a rate increase for example. The trade magazines will be concentrating on it and are talking about that experience. They are taking away a lot of ___ phones and going to the internet phones. That is the next emerging technology. That may come back and cause us funding level concerns in a few years more than the increase in Porter County.”

Com. Harper, “Have you heard anything more about the proposed legislation where we will have to get part of the money back to the cities?”

Mr. Sheibels, “I do have an update from our Verizon 911 User Group. There was a very short hearing by the legislative sub committee hearing that legislation and they did nothing so essentially the legislation is dead.. It has to go back through normal presentation channels and the general assembly again and it goes through a process. That is the information I have right now.”

Com. Evans, “The sixty five cents that goes to the state, do we get all sixty five cents back?”

Mr. Sheibels, “No.”

Com. Evans, “Say we have 100 cell phone users, you don’t necessarily get 100 payments, we get what they decide population wise, is that correct?”

Mr. Sheibels, “Correct, the state collects all the money for the cell phone customers first, excuse me, the cell phone companies collect the money then deposit the money in a state account and then they reimburse the county for answering wireless calls in Indiana based on a complicated formula. I would be happy to send that to you. We get approximately $.32 on the $.65 dollar per phone customer. The state is allowed to take out operating expenses, board expenses, . . . .”

Com. Evans, “So it is about half of the sixty five cents. It doesn’t come back from every phone versus the $1.50 we get for the phone.”

Com. Harper, “This telephone thing, that’s where it increased one fifty, why was that?”

Mr. Sheibels, “You’ve got all 33 counties in Indiana that have Verizon as a primary phone company, Verizon increased their 911 rates for all 33 counties.”

Com. Harper, “So really this budget increased with 75% of what Verizon has for an automatic charge, is that correct?”

Mr. Sheibels, “What I did for an adjustment is I dropped the lease purchase line item and moved that up into telephone to cover it. We have no outstanding loans right now.”

Com. Evans moved to approve the E911 budget for 2005, Com. Harper seconded, motion carried.

Mr. Sheibels, “For housekeeping purposes, this is a transfer to take out from Fifth Third Bank of approximately $121,883.00 on a no longer needed sinking fund. The bank has changed many names over the years, but this is part of the original $2 million ten year note of the 911 start up loan that was made eleven years ago. The bank at that time required a sinking fund and put the 911 deposit into the bank. Since the loan was paid off last fall, I have been trying to get the Auditor’s office to just cancel the account and have the money moved back into account 137 which is the surcharge account. They have not done that. I think they needed more substantial permission so I am asking the Commissioners to go ahead and authorize the closing of the account that is no longer needed and transfer the money back into the fund 137.”

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

Com. Evans, “Can you give us an update on the weather transmitter?”

Mr. Sheibels, “Gwenn and I have reviewed a lease contract from Vertical Real Estate and we think it is a pretty standard lease contract and there are no problems there. Just yesterday I finally got from Phil Griffith some sample copies from Ice Miller, (inaudible) revising one of the (inaudible). I would like to have that to the Board of Commissioners’ next meeting. Other than that, it is very slowing moving, nothing is changed as far as the cost. You may want to approve the Vertical Real Estate contract until we get our intergovernmental agreement approved. (inaudible) . . so that is the next step.”

Com. Evans, “My concern is that the people that do want to help fund it are going to lose some of their funds by the end of the year so that maybe we could put this on the front burner and if those monies are going to revert to general funds and those people have already committed them, then we need to get this done.”

Mr. Sheibels, “I hope to have a draft by the end of the week to Gwenn. We could pass it at the next Commissioners’ meeting.”

Com. Harper, “Who are you dealing with on this, you say different governments.”

Mr. Sheibels, “The plan is the proposal by the trustee for the project with Commissioner Evans, this intergovernmental agreement is to go to all the cities and towns and townships and ask for a contribution of funding for the national weather radio system.”

Com. Harper, “Lets put them on notice immediately. Have you run into any problems?”

Mr. Sheibels, “I just got a nice _____ as I mentioned yesterday and I am starting to change some of the language. It has to do with mutual aid agreements for public safety departments. I am taking that language out and putting in radio.”

Com. Evans, “There is a fire service meeting tonight, maybe you could get that to them or it could just be taken back to their various agencies and distributed.”

Mr. Sheibels, “The timing on it probably didn’t turn out to be exact. (inaudible). The radio system is approximately $45,000.”

Atty. Rinkenberger, “And we are hoping to collect how much additional funding from distributing it to the cities and towns?”

Mr. Sheibels, “I honestly don’t know. The township trustee had been spearheading this and I think John Evans (inaudible.) Personally, I don’t have a handle on it. We are asking for a one time contribution. All it is is just radio equipment in the commission budget . . (inaudible.)

Atty. Rinkenberger, “Because if we get the bid from the cities and towns, even though we are in the process of distributing this agreement, we need to get letters of commitment that they are going to commit “x” number of funds and then sign a lease. Somebody has to have a handle on how much money it is going to cost and if we are even going to be able to get that sum of money to sign the lease.”

Com. Evans, “Will we have the contract available for the Vertical Real Estate to hang the transmitter on their tower, so we need the cost of the equipment and the installation and then the monthly fees will revert to the Commissioners’ budget. So that is what we need about $50,000.00. It was going to be various amounts from a few different sources, but everyone is going to participate.”

Atty. Rinkenberger, “We should target the ones that are going to and get better commitments because the thought of trying to distribute those interlocal agreements all over the cities and towns and have the zoning board approve it and get it back to us in time to approve it and then sign the real estate contract. We need to figure out how much and talk to the people who we know are interested and get a letter of commitment.”

Com. Burrus, “Could you coordinate that within the next week? See if we can get a letter of that type going.”

Mr. Sheibels, “My draft is along those lines, not asking for money right now but to sign for a commitment into the project.”

Com. Harper, “I suggest, because I have sat during Council meetings back where those folks are sitting right there at that table and time and again we have had trouble with this public address system. I suggest that we have Melissa contact the Opera House and get somebody over here and if we have to get somebody over here at the start of every meeting to make sure this thing is running right, because it is so frustrating. I am sure that hardly anybody in this room heard what Dave had to say today. So lets do that if that is all right with you guys.”

Com. Evans, “I think it is the mike there on the floor by the table.”

Com. Harper, “Is there some way to fix it before the next presentation or is it just not going to happen?”

Com. Evans, “Maybe we should think about the portable mike on the stand.”

Mr. Melendez, “I’ve got the mike back here.”

DISCUSSION ON COUNTY HOME
Dave Pilz, City Planner
Ed Melendez, Parks Department Director
Dave Schelling, Highway Engineer

Mr. Melendez, “What we did was, the committee met yesterday and reviewed a lot of our past expenses and there are some requests the Commissioners had made and we wanted to get some updated prices on to that. What we did was we reviewed and met with some area contractors, electrical wiring, labor estimates, taking into mind that was just upgraded from what we have in the building right now. That is not new light fixtures or switches and even boxes. What we were looking at with labor and cost is about $90,000.00. The water and piping was basically starting from the ground up coming into the building and we have an estimated cost of about $60,000.00. Heating and cooling we had a discussion onto that. The contractor who does the maintenance out there came up with a forced air system, roughly about $6,900.00 each and that is the A/C unit combined with the heater. You are looking at multi units, at least a minimum of four, taking the pods of what we had in the building there, was about $85,000.00 looking at your total cost onto that is about $235,000.00. Previous costs that we had before was the roof replacement and that was in 2002, we contacted the contractor, about a 7% increase in each one of the two years which brought the cost up to about $141,000.00. The window costs were well over 75 windows and the cost was about $67,500.00 bringing that total to $208,000.00. The final cost for just the shell of the building and some of the minimal upgrades that need to be done was $435,500.00. Below that was the additional cost at this time and this was discussed a little bit by the committee, you’ve got doors, handles, door closures, installation, wall to ceiling, upgrade to the sprinkler system, wall covering, drywall, painting, moulding, doorways, elevators, restrooms, ramps, light fixtures and what type of flooring is going into it. The cost of the barn silo came in about $13,000, that also considers a new roof, shingles, sheeting underneath as well as the new roof for the silo. I did contact the Michigan Barn Association and getting a cost of upgrading the side walls, doors, and windows. There are some floor joints that have rotted away. What they were looking at was, they did come down but the average is about $18,000.00. Just to the total upgrade of the barn itself with the silo is $31,000.00 bringing your total upgrade cost to $466,000.00.”

Com. Harper, “These were just minimal, this is not fixing up the walls, this is not making this place accessible to the disabled, these were just some of the minimal things that we ran up. People are not real anxious to go out there and run estimates when we are not bidding anything. We are not putting out bids but I think it was pretty much the consensus that it would be well, well over a million dollars and probably that is understating it, to keep going with this project.”

Mr. Pilz, “I think the $35,000.00 is what you need just to keep using it the way you are right now which is very minimal use. It doesn’t make a lot of sense.”

Mr. Melendez, “On the second page, what you see is the review of what the demolition costs are and please keep in mind the contractors gave an estimated minimal cost onto that and it was $450,000.00. So you see the difference in price of what you have as well as the upgrades on it. On the third page, is where the committee stops and it comes back to having a lot of discussion between yourselves, if the building is upgraded, how would it be used, and we are trying to take that into concept if this stays county offices, these were one of the minimal that were being used as well as private business. At that point in time, we discussed our need for additional office space for county departments. You folks know the departments that need additional space. If the building is removed and demolished, how would the land be used, teacher building sites, if it stays with the Commissioners, and what departments will need the site to build on, county parks. These are things we discussed, we also discussed if it became a park what type of partnership we would have. This has been discussed and passed onto the Park Board to get their feed back. If we sell all the land as a flat parcel, how would the money be used? As you see, parcels throughout the county, is it available, does it go back into the general fund, are there other building improvements. These are questions if the land was to be sold. Other concerns that you see into that point. We also talked about the time schedule because the committee will have to work with the Commissioners and make the guidelines of how you want to proceed and try to help you accomplish the target at the end if it is demolition or upgrading. There is a chicken coop out there that is in very good shape with concrete floor, just needs basic cleaning and a storage building if there is any maintenance and storage for small hand equipment to be in there. A 12 by 12 ___ just needs a roof, a start to having a little shelter to some open space out there, the chapel with all the new additions to the facility back in the 1970’s, needs a new roof and upgrading on the heating and cooling, it is completely separate from the county home itself. Also I am working with a contractor trying to give you an estimate of the building and the land itself separate so it gives you somewhat the value of the property out there. The community felt very strongly that the Commissioners should retain that property if it is not for anything else at the present but for open space, parks as well as possibly future growth within the county itself. Looking at our park master plan, Center Township is one of the highly desirable areas for a park and active recreation. If there is anything else we need to do, we will be glad to help you obtain the information.”

Com. Harper, “Thank you, Ed. I would like to also thank Dave Pilz and Dave Schelling for their work and Herb Read also met with us and gave us his expertise as an architect. I think the basic thought was that there is interest on the part of the Park Department and that building needs to come down and the cost would be prohibited to start working on it. I would like to suggest, I am not going to make a motion yet, but I would like to suggest to start getting some bids because we are spending $50,000.00 per year on that building for heat and upkeep and insurance and so forth. Start getting some bids on demolition to find out the hard cost and in the meantime, the land is actually in the city of Valparaiso and I believe Dave Pilz may have some discussion with his Park Department so we can get some various alternatives of how the best use of the land could be used with our Park Department. So that is my general thought after we have gone through this.”

Com. Evans, “I agree. I see no point in keeping that building. It is historically significant I suppose but that is about it, it is not structurally or architecturally, or anything else worth saving. My question pertains to the asbestos. Where is it and how hard is it going to be to get to?”

Mr. Melendez, “When we walked through, we saw that the asbestos was in the basement and it is in the drop ceiling so when we start removing the drop ceiling you can see the lines that are covered so most of that is contained around the boiler system, it is not throughout.”

Com. Evans, “Is the estimate a little high?”

Mr. Melendez, “It could be but we thought that was something .. . . once we start removing the drop ceiling in the basement, and we were going through, it would give us a better concept. It is mainly concentrated in the basement area.”

Com. Evans, “The timetable is important. Like Bob said, I want to know where is the money coming from for either project so I think that is something we need to get clear on.”

Com. Harper, “I agree with you and we are probably going to have to go to the Council on this and talk about it. At least we can take the stand today that we are going to try and come up with a proposal for demolition, keep the chapel and some different proposals and at least start putting it out to bid. At the same time we can work on our financing and so forth.”

Com. Evans, “I don’t know about the barns.”

Com. Harper, “They think they may be able to save that one barn, although it is not an ancient barn. But there is the cost there and there is some equipment stored in there. So they are using it for storage.”

Com. Burrus, “Does the Park Department have any need for any of those out buildings?”

Mr. Melendez, “If you looked at any of the out buildings, mostly they are for storage and it does save a lot of the equipment from Sunset Hill or south county. So it would be taken under consideration. The barn is not a pinned beam barn it is just a 2 x 10 barn itself. The side posts are not posts, so it is basically 2 x 10’s that have been nailed together. So it is relatively a new barn as it stands and in the early 30’s and 40’s compared to the other ones that were pinned and cut from the trees that were around at the time, so looking at how the building is being used there is probably some other parts. If it is restored, it is a nice value to the property. It does offer some aesthetics and it does have the county home emblem on the silo so it does have some unique fixtures. It can be remodeled to the needs of storage, keep that in mind, if you are looking at building some type of maintenance storage for larger things, these older barns can be rehabbed into that point of state. So 31,000 or 40,000 compared, and you already have a concrete floor in there, keep that in mind.”

Com. Burrus, “The most efficient demolition costs are going to be to do as much as you want to do at one time and I would look real critically at what you want to say about that. I don’t know if you want to put money into some of these outbuildings.”

Com. Harper, “The only thing, the animal shelter does have to shelter large animals, like horses. How often do they use it?”

Mr. Melendez, “They use it on a weekly basis.”

Com. Burrus, “There are a number of functions that are probably going to have to be addressed with the other locations.”

Com. Harper moved to come up with standards for bids for demolition and try to work with the Council to see how to fund this,

Com. Burrus, “What you are saying then, is to come up with a bid proposal that would include the county home with a possible alternative to include all the other out buildings priced individually to chosen from.”

Com. Harper, “Perhaps one for the county home, where the chapel is not taken down.”

Com. Evans, “The chapel and the barns.”



Com. Harper, “The other thing we should encourage Dave Pilz to go talk to the Park Department to find out what some of the possibilities are.”

Mr. Pilz, “I spoke with Steve down here yesterday, he is going to talk to this board and some of his people and see what they are going to have as an opportunity for partnership, maybe some of the activities that they are going to do in Center Township. It is something that needs to be looked at and considered. I don’t know what will happen there, but it needs to be looked at.”

Com. Burrus, “Are you thinking of some kind of joint relationship with the county parks? Personally speaking, I think you should retain the ownership of the property.”

BIDDING OFFICE SUPPLIES
Sandy Vuko, Auditor

Ms. Vuko, “I come before you about the bids for office supplies. I think John last year recommended we do away with the bidding process and I thought that was a good idea at the time. I would like to do away with it now if you are willing to do that. There are only two counties in Indiana that bid on office supplies and I think we can get office supplies much cheaper at Wal Mart and other places like that.”

Com. Burrus, “This could certainly be up for discussion.”

Com. Evans, “Yes, if we lock in, we are locked in and we are locked into low prices as well as high prices and sometimes it is not the most advantageous thing to do. I guess the only thing we would need is a template as to how it would work. Would each department head be allowed to pick and choose as they wanted in certain perimeters or how would we do it?”

Ms. Vuko, “Do you guys do that as a board?”

Com. Evans, “Traditionally everyone has a line item in their budget for supplies so that they could submit their own claims. Our function was mainly to tell them which firm had been approved. For many items, they are not even used any more. It is kind of an archaic system. I think what we should do is review certain vendors and say that these vendors provide services within our county and x, y, and z are approved. I don’t know about going to Wal Mart or K Mart for supplies, I don’t know if that is a good idea.”

Ms. Vuko, “They are really cheap there. We pay claims to them. They are sometimes half the price of the office stores. Trying to go through this and keeping track of who can buy this and who can buy that. That is another thing, we would not be the ones to say you can’t buy this. It is totally up to you, you have the line item in your budget, you can purchase what you want. I don’t know if you would want certain bids for . . .”

Com. Burrus, “Is your timing on this because there are bids coming here today?”

Ms. Vuko, “No. We have to go through and make them a bid list.”

Com. Burrus, “What I am suggesting is can we work on this from now until the next meeting and come up with a solution so we can deal with it?”

Ms. Vuko, “That is fine with me.”

Com. Harper, “Let’s get all the department heads, let them know and get their thoughts on it and let the Council know.”

Com. Evans, “Maybe Greg Fox could have some input on this, too. From Kramer and Leonard. They are local business people and I think if we can, I would like to see the money spent inside the county rather than big entities like Wal Mart. They sometimes supply goods and services that we can’t get at Wal Mart.”

Ms. Vuko, “When I say Wal Mart, just certain items you would buy there. We wouldn’t stop using the office supply stores.”

Com. Harper, “Why don’t you bring some examples.”

Ms. Vuko, “You are talking about Lake County, . . (inaudible).

Com. Evans, “It’s a good idea and there is savings there, too.”

Ms. Vuko, “I wish you would do this, it would be a lot easier on everyone.”

UNSAFE BUILDING ORDINANCE INFORMATION

Atty. Rinkenberger, “I am working on putting together an Unsafe Building Ordinance as you all know. I have submitted a recent copy. I have gone back through it to update the ordinance that was drafted several years ago to make it comply with the state code. There is a couple issues we need to talk about before we move on first reading. I am thinking we can go forward with first reading of the first meeting in December. One of the issues is under hearing review on page 6. The way we have the other proposed ordinance drafted. There is a requirement to have a hearing officer or a hearing board that meets monthly to address some of the issues that come up under this ordinance. The way the other ordinance was drafted it was the Board of Commissioners. It would appear to me that the Board of Commissioners doesn’t have time to come in monthly or more than that for duties under the unsafe building ordinance. State law provides that the executive appoint a hearing officer and I looked at ordinances from other counties, for example Elkhart County which sets forth the procedure about who the hearing officer is and how frequently the hearing officer will meet and what procedures the hearing officer will utilize at the hearing. I am thinking if we modify this to ____ the executive to a point . . “

Com. Harper, “And the hearing officer cannot be member of the enforcement department which is going to be the building department.”

Atty. Rinkenberger, “Right, so basically you are going to need a hearing officer that is not employed by the building department and then since the action taken under this ordinance can be subject to appeal to a circuit or superior court, you will need an attorney also, that is why we have that $6,000.00 to put in the unsafe building fund to start moving forward. We are looking at there are some _____ jurisdiction between the health department and the building department and enforcement issues. I think you might want to put this off until next meeting so you can tweak the language. I think you are going to want the effective date of this to be April 1st or May 1st or somewhere off in the future of 2005 so we can get our building commissioner and building inspector in place and they can start looking at forms they are going to have to make up to tag and site.”

Com. Burrus, “Lets put it off until December 7th, then.”

PORTER HOSPITAL EXPENSES

Com. Evans, “We have a fund established for the capital expenses for our annual garages and stations that we actually own but we have given the use to Porter EMS. There is a need at this point that they sent us a list of the changes and repairs that need to be done at the substation. The Hebron station needs a new roof, the Chesterton station needs a new roof, bathrooms, showers, sinks and toilets are in need of repair and other projects. The parking lots need resealed.”

Com. Evans moved to allow the hospital the ability to go ahead and let bid those services within the perimeters of the dollar amount that is set aside for those funds.”

Com. Harper, “Gwenn, explain those funds please.”

Atty. Rinkenberger, “When we executed the contract for ambulance services, there was a clause in the contract that indicated initially $75,000.00 per year would come back to the county, placed in a specific fund that the commissioners had control over that we would use to make improvements to our buildings and if we needed to buy a new ambulance and for capital expenditures. So over the past eight years we have been accumulating money in this fund and we continue to accumulate at the rate of $35,000.00 per year. So we can maintain our buildings, build new buildings and do capital expenditures. I believe this is for maintenance and our ambulance building is in disrepair.”

Com. Harper, “Even though the hospital is providing the service, we still own the buildings so part of the money is placed in a fund to keep these buildings up.”

Com. Harper seconded, motion carried.

Com. Evans, “It should be mentioned that originally this contract was for a million dollars and in the budget crisis the hospital was gracious enough to give us back half of that and now we only pay them $500,000.00 and then in so doing when this fund was set up for $75,000.00 per year it was cut in half also, so now they set aside $37,500.00 for that purpose. One other thing with relation to the hospital. They have one vehicle left that is still titled in the Commissioners’ name, it is a gray van that they would like permission to give it to another department. It is an ’89 or ’90 but after our agreement from the last time we agreed to allow the hospital to own their own ambulances at $250,000.00 to $300,000.00 a pop rather than put them in our names so that they can take care of the insurance and it is a little easier that way.”

Com. Evans moved to sign the title over to the hospital and let them dispose of that property, Com. Harper seconded, motion carried.

APPROVE CONTRACT WITH COMMISSIONERS AND PACT
Judge Mary Harper

Judge Harper, “I come to you today as one of the judges and also as the chair of the Community Corrections Advisory Board to ask for your consideration and approval of a contract between yourself and PACT to run our program. As you know over the years there was some difficulty running the PCADOS program. The PCADOS program, which is the program certified by the Indiana Judicial Center and is utilized by the courts in hundreds of cases per year to order substance abuse services. Through evaluations, some people need more intensive services and are referred out, some educational programs are offered within the program. Determination was made by the judges that in order to serve the best interests of all parts of the community that the PCADOS should be operated by the PACT organization. We were facing the prospect of losing PCADOS programming in Porter County if it had remained as it was and that was not acceptable to us. Having worked up in Portage we have to serve those people. So we have worked over the last number of months on a program by which PACT would assume the responsibilities of PCADOS in programming and assessment and provision of appropriate services that they are allowed to provide pursuant to the Indiana Judicial Center certification that they have received. If you look at page 2 of the proposed contract we are looking for, and the courts are doing, we have completed and filed a general order for the superior division, is we are ordering, we have moved PCADOS to PACT. PCADOS has hundreds upon hundreds of incomplete files turned over to PACT in basically a huge mess, but I have been writing there were about 550 incompletes, I have verbally from probation heard it was closer to 800. PACT has agreed to provide the programming for any of the files for the people who have not yet completed. As they may be coming back to court, yes you must go back and complete the PCADOS program. Which will now be through PACT. So basically, what we are asking is that the balance of the funding that is in the PCADOS account which is about $20,000.00, be transferred to PACT because they will be providing services for many of the people who have already paid PCADOS fees. They will be providing services for people who have yet to pay. The PCADOS fees are a user fee generated account and is not tax dollars. We just want to help them, the service they are providing is going to be a program that is also generated by the Community Corrections Advisory Board, they will be reporting to us with our continued Community Corrections sanctions, it will be evidence based, I have lots of literature if you have an interest in it. The court orders are signed, I’ve got a little inventory of what is being turned over, there is no computers, and a couple file cabinets.”

Com. Evans, “I think it is in excellent way to handle a matter that really got out of hand and is hard to control for everybody.”

Judge Harper, “Thank you, we are very grateful to PACT for helping us. They have saved a couple of our programs and they offer great services and they are not for profit and that is money saved.”

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

CORRESPONDENCE

Veterans Service Officer monthly reports for July through October 2004 is on file.
Treasurer’s monthly report for October 2004 is on file

Request to accept Rebecca Schafer as enrollee to Employee Benefit Plan

Com. Evans, “Someone got married and didn’t realize they had 30 days to notify the plan.”

Com. Harper moved to accept Rebecca Schafer as late enrollee to the Employee Benefit Plan with coverage to be effective December 1, 2004, Com. Evans seconded, motion carried.

Request by American Red Cross to hold blood drives at Administration Center

Com. Evans moved to approve the American Red Cross to hold blood drives on January 7, March 11 and May 13, 2005 at the Administration Building, Com. Harper seconded, motion carried.

Request to transfer funds-Commissioners

Fund 01.30 $13,000 from acct 1110 salaries
Into acct 3964 toxicology lab

To pay Great Lakes Laboratories for supplies and testing through the end of the year.

Com. Evans, “This was an off shot of our last meeting where Juvenile Probation came to us. This represents what they need to get through the end of the year, not any other department. And Adult Probation.”

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

Request for additional appropriation-Highway Dept.

Fund 25 $170,000 acct Bridge 58 Bridge over Kankakee River

Com. Burrus, “This bridge will be receiving some engineering and repair work. This is for matching for the local share for federal funds.”

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

Request for transfer of funds-Highway Dept/

Fund 02 $6,000 from acct 2320 garage & motor supplies
Into acct 2210 gas & fuel

$2000 from acct 2320 garage & motor supplies
into acct 2310 tires and tubes

$ 100 from acct 3310 printing
into acct 3410 official bonds

$ 670 from acct 3950 contractual services
into acct 3920 disposal

to meet expenses for the remainder of 2004.

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


Terminate Human Resources contract (Ray Temple)

Com. Evans moved to terminate the contract for Human Resources with Ray Temple at the end of the year 2004, Com. Harper seconded, motion carried.

December 31, 2004 as holiday for employees

Com. Harper moved to approve December 31, 2004 as a paid holiday for Porter County Government employees, Com. Evans seconded, motion carried.


PLAN COMMISSION

Rezone R1to R2, ALMA, LLC 1st reading (withdrawn)

Com. Burrus, “This first item has been withdrawn so the next item is an amendment to the ordinance of 04-11, Plan Commission and Building Fees, first reading.”

Amendment to Ordinance 04-11, Plan Commission and Building Fees, 1st reading

Com. Harper moved to approve Ordinance 04-11 on first reading, Com. Evans seconded, motion carried.

Ordinance relating to subdivision improvements-1st reading

Kevin Breitzke, “What this basically is, we are having many subdivisions built without appropriate road or improved road frontage to the housing sites. This we thought was a correction to that oversight and changed the language that all proposed lots within a subdivision shall have a required frontage on publicly dedicated right of way, with street construction per the Porter County Highway Department’s specifications and standards. That was a change.”

Com. Evans, “Are you saying that if somebody has a house 150 foot off the road and they have to not only make the cut in the road to match the highway’s, but they have to make a 150 foot driveway to match the specifications for a county road?”

Mr. Breitzke, “Absolutely not. What this is saying is that in some cases we have easements going back to the house across other parcels of land. In this case we are requiring without variance, the requirement of having a full frontage and also here again the subject of variance having a publicly improved ____ in front of the house. We were having a major issue with the minor subdivisions, which we are addressing at your next Commissioners’ meeting but at this time even with all subdivisions, we are having an issue with the condition and the status of the roads in front of our residential home units. Where we are trying to look forward to the future for the benefit of these future home owners in that it is very difficult for school buses or emergency vehicles and possibly putting them in peril going down some of these roads. As you realize through dealing with our many private streets, it is really not a good route for us to go.”

Com. Evans moved to approve the ordinance on first reading, Com. Harper seconded, motion carried.

RECEIVE HIGHWAY BIDS FOR 2005

Com. Burrus, “For the record, our procedure will be to open and read aloud each of these proposals by name and address of the bidder. If it is convenient, we may also read a representative price. Because some of these are very complex, we will not read the entire bid. However, at the conclusion of this meeting, all of the bids will be available for inspection here and later on at the Highway Department. At a subsequent meeting, I suspect probably the December 7th meeting, we will receive the recommendation from the Highway Department based on their review of the bids and we will take action and make awards at that time. Today we will simply identify and make them available for review.”

The following bids were read by Com. Burrus:

#53 LIMESTONE:

Whitcomb Trucking $ 9.35 per ton
Harry Brown Trucking 10.00
Vulcan Materials 10.50
Ralston Paving 9.50
Northern Ind. Materials 9.85

SLAG:

Beemsterboer Slag $ 9.60 per ton

BITUMINOUS PLANT MIX:

Rieth Riley Construction $27.50 per ton at their plant
Walsh & Kelly 28.40
Central Paving lump sum figure, available for review

ICE ABRASIVE MATERIAL

Critser Companies, Inc. $ 8.75 per ton

FILL SAND:

Whitcomb Trucking $5.20 per yard
G.E. Marshall 6.00
Ralston Paving 5.95

PAVEMENT STRIPINGS AND MARKINGS

Line Makers
Air Marking Com.

RENTAL RATES FOR EQUIPMENT

G.E. Marshall
Rieth Riley
Walsh & Kelly
Howell Tractor

PULVERIZING MACHINE

Mt. Carmel Sand and Gravel
Bernie Johnson Trucking
Klink Trucking

SIGNS AND SIGNPOSTS:

Hall Signs

CALCIUM CHLORIDE SOLUTION:

Great Lakes Chloride $.45.6 per gal.
AJP Corp. .49.1

GASOLINE:

Baird & Marine $1.512 per gal.
Triple J Mar 1.5805 per gal
Petroleum Traders 1.5939 per gal


DIESEL FUEL

Baird & Marine $ 1.594 per gal
Petroleum Traders 1.6389 per gal
Triple J Mar available for review

MOTOR OILS:

Superior Petroleum
Baird & Marine

TIRES:

Brown Tire
Moser Tire
A&M Farm Center

TUBES:

A&M Farm Center
Brown Tire
Moser Tire

GALVANIZED CORRUGATED STEEL PIPE

James H. Drew Corp.
Metal Culverts
St. Regis Culvert
Debco Metal Culverts

#16 PRECAST BRIDGE SLABS AND BEAMS

St. Regis Culvert

READY MIX CONCRETE

Ozinga 5 bag at $80.00 per yard

GRADER BLADES

St. Regis Culvert
Onyet Fabrication
American Wire Rope and Sling
Howell Tractor

DISPOSAL SERVICE

Able Disposal $200.00 per load for Chesterton plus $50.00 monthly rental charge
$230.00 per load for Valparaiso
$240.00 per load for Hebron

OFFICE CLEANING

R&D Janitorial $610.00 per month

PARTS WASHER AND USED FLUIDS PICK UP

Winkle Environmental
Oil Recyclers of LaPorte

BATTERIES

Barenie Products
IMI

HARDWARE AND TOOL

Barenie Products
J&L Fasteners
Sanders Indiana Hardware

TRUCK REPAIR PARTS

IMI
Deed’s Equipment
Chicago International Trucks
Wiers

FAN BELTS

Dewey’s Auto Supply

OIL FILTERS

Howell Tractor
Dewey’s Auto Supply

WIPER BLADES

Dewey’s Auto Supply

HYDRAULIC HOSE AND ENDS

Barenie Products
J&L Fastners
Lawson Products

TIGER MOWER PARTS

Lacal
Deed Equipment

ANTI FREEZE

No bids

WELDING SUPPLIES

No bids



ROADSIDE VEGETATION CONTROL

No bids

Com. Burrus, “Just a clarification for those bidders who are here. I think all the categories are listed on the front two rows of seats. Anyone is free to look at them but please keep them in the right category for us. We will receive the recommendation back from the Highway at one of the our December meetings.”

Atty. Rinkenberger, “I suggest we leave them here past 1:30 since that is the time that was published.”

Com. Evans, “Earlier we approved $170,000.00 to fund 25 for the bridge over the Kankakee, and the consultant and we had further conversation. I agree with you in regard to the qualifications for those present. I recommend we nominate Beam Longest and Neff for the consultant contract for Bridge 58.”

Com. Evans moved to nominate Beam Longest and Neff for the contract for Bridge 58, Com. Harper seconded, monition carried.

With no further business the meeting was recessed.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA


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

Attest: Sandra K. Vuko, Auditor