PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, DECEMBER 7, 2004
10:00 A.M.

The regular meeting of the Porter County Board of Commissioners convened at 10:00 a.m. on Tuesday, December 07, 2004 in the Commissioners’ Chambers of the Administration Center.

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

President Burrus called the meeting to order after the Pledge of Allegiance.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of November 29, 2004, Com. Harper seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of December 7, 2004, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of November 16, 2004, Com. Harper seconded, motion carried.

ORDINANCE AMENDING THE FOOD SERVICE ESTABLISHMENT INSPECTION CRITERIA, 2ND READING

Com. Burrus, “Since this is second reading, I don’t think Attorney Hollenbeck needs to say anything with respect to this. Do we have a number for this ordinance?”

Ms. Hartig, “04-24.”

ORDINANCE NO. 04-24
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FOOD SERVICE
ESTABLISHMENT INSPECTION CRITERIA
________________________________________________________________________
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 thereby amending the previously approved provisions of the Porter County Municipal Code; and
WHEREAS, IC 36-1-3-2 grants the Board of County Commissioners all of the powers they need for the effective operation of government as to local affairs; and
WHEREAS, IC 36-1-3-6 states that is 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, IC 16-42-5.2-15 authorizes and empowers a local health department to enforce the provisions of IC 16-42-5.1 relating to the mandatory presence of a certified food handler at a food service establishment; and
WHEREAS, the Porter County Board of Commissioners are desirous of implementing the mandated food handler certification program as delineated in IC 16-42-5.4 and promulgated through State Board of Health regulations contained at 410 IAC 7-22 and in so doing authorize and empower the Porter County Health Department to enforce the certified food handler requirements in Porter County.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Section 8.10.030 of the Porter County Municipal Code should be and is hereby amended to read as follows:
(a) All food service establishments shall comply with the minimum sanitary requirements specified by the Indiana State Board of Health as now provided in 410 IAC 7-15.1 and 410 IAC 7-22 or as the same may be hereafter changed or amended. Such regulation and any changes and amendments thereto which may be hereafter adopted or promulgated are by reference incorporated herein and made a part hereof, two copies of which are on file in the Office of the Porter Health Department, for public inspection.
2. Any and all other provisions of the aforementioned food service establishment inspection regulations shall remain in full force and effect until further modified or amended by the Board of County Commissioners.
THIS ORDINANCE PASSED AND ADOPTED this 7th day of December, 2004.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/David L. Burrus
S/John A. Evans
S/ Robert P. Harper

Com. Evans moved to approve Ordinance 04-24 on 2nd reading, Com. Harper seconded, motion carried.

UNSAFE BUILDING ORDINANCE, 1st reading

Com. Harper, “The Council has approved money to move ahead with taking action on the unsafe buildings in the county. Per state statute, we need to designate a department and to do that and set forth some criteria which this statute does. I think we should make the effective date if it passes March 15th, we discussed it before and I believe we need it and should get this up and running. This ordinance will be under the Building Department.”

Com. Harper moved to approve the Unsafe Building Ordinance on first reading, Com. Evans seconded, motion carried.

Atty. Rinkenberger, “The second reading will be the first meeting of January 2005.”

ORDINANCE FOR VACATION OF GARDEN TERRACE SUBDIVISION, 1ST reading

Atty. Rinkenberger, “This is for the vacation of the county right of way at the end of Willowwood Avenue. We’ve had public hearings on it, this is an ordinance that is in its final form with written commitments that the parties have agreed upon that I recommend for your approval.”

Com. Evans, “This is the one that Todd Leeth and John Kremke worked out.”

Com. Evans moved to approve Garden Terrace Subdivision vacation on first reading, Com. Harper seconded, motion carried.

AGREEMENT BETWEEN PORTER COUNTY SOLID WASTE DISTRICT FOR COLLECTION OF SOLID WASTE FEE-
David Hollenbeck, Attorney

Atty. Hollenbeck, “You have already approved this agreement. As you know in lieu of the costs in trying to have the Solid Waste District sending out its own billings, and in return for that the Solid Waste District has an agreement where they entertained the request of the Auditor, the Treasurer and the Data Processing Department for funding of buying the equipment associated with it. Because of the _____ of the Data Processing Department, it requires the Commissioners’ approval and I am here to seek that approval. Again, you have already approved this agreement.”

Com. Evans, “It seems like a win-win situation for everybody involved and saves us a tremendous amount of _____________.”

Atty. Hollenbeck, “Just so you know that tens of thousands of bills that would go out at the cost of that would be incredible and the bookkeeping of the Solid Waste District, it could really use a lift.”

Com. Evans moved to approve the agreement between the Board of Commissioners and the Solid Waste District, Com. Harper seconded, motion carried.

Atty. Hollenbeck, “I have one other quick matter. As you are aware of the Porter County Convention Recreation and Visitor’s Commission has been incredibly successful in securing federal grant money to build a new visitor’s center in conjunction with the National Lakeshore. That is necessitated that we dispose of the existing one. We sold that structure to First Source Bank, under a contract they have made all the payments and we now have to schedule a closing. In connection with that, since the Commissioners own the building, I prepared a Commissioners’ Deed that I ask that you would sign today so that I can continue with the process and close on the sale and dispose of the property. The proceeds as you remember, the building was purchased with innkeeper tax dollars and the State Board of Accounts’ audit position is the money comes from the innkeepers’ tax, it must go back to the innkeeper’s tax and that is what happened. The money is then being used as the local share to match the federal grant money for the new visitor’s center.”

Com. Evans, “Do we need to give you _____ on our behalf of the sale?”

Atty. Hollenbeck, “I think you, in fact, approve and sign the Commissioners’ Deed and then authorize me to complete the closing.”

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

MANAGEMENT AGREEMENT WITH PORTER COUNTY AGRICULTURAL SOCIETY—
Bill Ferngren, attorney

Com. Burrus, “A few months ago we negotiated a lease with the Porter County Agricultural Society. This is actually a renewal of an existing lease regarding the use of the property and there is a signed agreement we have with that society with respect to the management of those assets. Today we have Lonnie Steele and Bill Ferngren representing the AG Society here today and the objective is to finalize this. The Porter County Expo Center staff manages some of these facilities that belong to the AG Society.”

Atty. Ferngren, “That is exactly what we are trying to do today. As you mentioned, we entered a lease agreement a couple of months ago and now we are to follow up with the management agreement which outlines the method by which the allocations for rental and management fees are disbursed as set forth in the management agreement. It does now alter any terms or conditions of the lease again, just the supplement as a follow up to what we did a couple months ago.”

Com. Burrus, “We have been involved in that and we have had a draft that was presented for review. Any comments or questions from the board?”

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

SHERIFF’S DEPT. TRAFFIC REPORT AND ROAD SURVEY
Mike Anton, Anton Insurance Agency
Dave Lain, Chief Deputy, Porter County Sheriff’s Department

Mr. Anton, “A few months ago the three of you took part in a road survey to target intersections in the county that were either targeted because of the accident rate at the particular intersection or a potentially hot spot. As an outgrowth of that particular survey, a traffic study commission was commissioned to the Sheriff’s Department and with us today is Chief Deputy Lain to present the report to the Commissioners formally.”

Chief Lain, “I think all the Commissioners are very familiar with this project and I applaud you and Anton Insurance for undertaking it and the Highway Department as well. It was fairly voluminous work. I had given you copies of our section of the report earlier. Briefly, we had assigned officers specifically to look at serious accidents that could involve potential liability issues for the county. I have gotten some feed back that it has been working out very well and that is from Officer John Kuehl. His report contains a lot of raw data. Sgt Kuehl, in addition to his investigation of accident reports also deployed radar measuring speed device and looked at each of the affected intersections with the idea to perhaps to get the traffic patterns, how we can better deploy enforcement issues. In addition, we did a study to find out just what sort of enforcement has previously been undertaken at those intersections to see if that was something that could be improved. Again, you can see that we have had enforcement at the intersections, certainly the intersections in question are affected like any other intersection in the county with issues of speed, but we will continue to monitor those areas and do whatever we can from an enforcement standpoint. The Highway Department has already undertaken their improvement in signage and other markings that were recommended on our inspection tours. So this is a combined effort bringing several factions of county government together.”

Com. Harper, “Can I see your book? I don’t have that in front of me and I think it is important.”

Com. Harper moved to accept the book as part of the record and accept the study and recommendations from the Sheriff’s Department as presented, Com. Evans seconded, motion carried.

INFORMATION TECHNOLOGY PROPOSAL-
Randy Hunt, Sandmark Consulting

Mr. Hunt, “I submitted an agreement that basically just provides the time and material agreement to assist the Commissioners in their responsibility of overseeing technologies. The agreement is just somewhat administrative, there is no commitment on your part. There will be a certain amount of discover that takes place in our initial meetings and from that point forward, we would determine what we can help you with.”

Com. Burrus, “The general terms of this agreement as proposed would be that you would provide services for the first six months for the fee of $75.00 per hour, following the first six months then it would be at $125.00 per hour. There is a not to exceed clause for $20,000.00.”

Com. Harper, “What fund is this coming out of?”

Com. Burrus, “This could come out of two different funds, actually, the most appropriate would be the CCD fund.”

Com. Evans moved to approve the contract with Sandmark Consulting, Com. Harper seconded, motion carried.

RECYCLING/WASTE REDUCTION GUIDELINES-
Don Hoekstra, Ooms Brothers. Disposal Service

Mr. Hoekstra, “Did you receive a copy of the memo I forwarded to you earlier? Just a quick summation, again, the issue we had with the February 1, 2005 start date is one from a fee perspective. Our billing currently is done quarterly and is due out in mid December and the problem we had is the start date falls mid quarter for us. So, we are asking the Commissioners consider the page four, under Section B of the ordinance that this is an existing current contract until March 1st at which time you will begin our fees and our program April 1st.”

Therese Davis, “From the Solid Waste point of view, well, I will take that a bit further and Commissioner Harper asked me to contact the waste haulers that are doing business and ask how they would feel about a pushed back start date. Actually, everyone is gearing up trying to prepare for this and most are prepared. Everyone certainly would enjoy a later date but the one said they were ready to go now. That would be unfair and I am not sure about since this was a joint effort with the district and Commissioners, and the ability of the Commissioners (inaudible).”

Com. Evans, “I agree, I think we moved this back once already. The original start date was July?”

Com. Harper, “I am not in favor of making a motion.”

Com. Evans, “Is there a compromise here? How about if you go ahead and begin the collection at the appropriate time and don’t start the billing until later?”

Mr. Hoekstra, “Ultimately, if we can incur those costs and absorb those that would be ideal. That was one of the things that we faced as being the problem is that how do we go about doing this. The other thing, too, is we felt it would be a better situation for the Porter County residents because even if we were able to split this billing, in other words, bill for February and March, the next quarterly billing that they would receive they would receive an increase because it would be for three months. Thereby causing more confusion as to how come the fees have now increased in the second quarter. Some people don’t read their bills carefully and understand fully why the billing is what it is. That was something else we felt if we could start April 1st, we could roll out the new program with the billing fees in place and be more consistent for the Porter County residents as well.”

Com. Evans, “This has been on going since when, when did we pass this original ordinance?”

Ms. Davis, “The original ordinance was earlier in 2003.”

Com. Evans, “And the date was certain at the time it was passed by the Solid Waste Board as it was by this Board and we didn’t get your letter until the 24th of November. You obviously should have seen that as a problem when the ordinance was passed. There was communication between all the haulers.”

Mr. Hoekstra, “I am aware that there is a press release I believe it was in late October, early November. That was the first that it was set in place.”

Atty. Hollenbeck, “This was done jointly by the Solid Waste District and Porter County Commissioners and it is my belief that any modification of that would have to be acquiesced by the whole body.”

Com. Evans, “I think the Solid Waste Board passed it first so I think if that is the case it is going to have to be their decision.”

Ms. Davis, “The Solid Waste Board doesn’t meet until the third Tuesday in the month of January so I don’t know how that would fit into the timing of this.”

Com. Evans, “And we have an ongoing advertising campaign in the paper.”

Ms. Davis, “Right. And at the time the ordinance was passed, it did have a start date.”

Com. Evans, “I don’t see what we could do without their consent and I think it is already in place and it would be pretty hard to change the whole thing and just our action couldn’t do that.”

Com. Evans moved to table the request until Solid Waste Board can take action on Mr. Hoekstra’s request,
Mr. Hoekstra, “I guess we are not looking for actual action by the Commissioners other than if you would acknowledge that if we did send out the first quarterly billing, that that be recognized as an existing contract per page four section D, if that is possible.”

Atty. Rinkenberger, “I don’t think we are going to make any legal findings here based on the interpretations of that ordinance.”

Com. Harper seconded,

Com. Evans, “The ordinance says if you haul waste in Porter County you will provide the service and you are allowed to charge for it. I don’t think we can go beyond that scope.”

Motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

CONSULTING AGREEMENT WITH INDIANA ASSESSMENT SERVICES
Shirley LaFever, County Assessor

Ms. LaFever, “We all heard that reassessment was finished, but reassessment really is not finished, it is an ongoing process and for 2005, we have a _______ equalization. Really we are doing reassessment all over again per state law except for this ___________. You have a contract before you for Mr. Bisch to do the ___ equalization for the township assessors and also for rental properties. All of this is the same process, we have to have this done before we can send out 2004 tax bills. The township assessors need someone to give them some guidance on how to do this. I am hoping after this year that the assessors will know learn how to do it themselves so we do not have to enter into this every year. This is a brand new thing for the state of Indiana and I really think we need some experience to help us through this. I think most of the counties are hiring ___ to help them because we have never done this before in the state of Indiana. I have Mr. Bisch here if you would like to ask questions because he is an expert and I am not.”

Com. Harper, “This is under you budget, right?”

Ms. LaFever, “This is out of my reassessment fund.”

Com. Harper, “Then why is it necessary to have the Commissioners approve it?”

Ms. LaFever, “Because you have to approve all contracts. I have the funding in my budget but you have to approve all contracts.”

Com. Harper, “Are you going to reassess each of property, is that what you are saying?”

Ms. LaFever, “I am going to be doing exactly what he tells me to.”

Com. Harper, “Does the law require you to do that?”

Ms. LaFever, “The law, we go out and data collect, we have to take all the sales information from our sales disclosures and come up with a ratio study. We have to probably develop some new neighborhoods because we do know some of our neighborhoods are too large or too small. Then we gather together all this information and then do a triennia equalization.”

Com. Harper, “Then each year, are these people going to be able to come in and appeal year after year?”

Ms. LaFever, “Yes, sir, they have the right every year to appeal, with or without this you can still appeal.”

Com. Evans, “That’s how attorneys get rich.”
Ms. LaFever, “Most of them don’t get rich off this unless it is a steel mill because most taxpayers don’t come in with an attorney. We do not want them to spend money for an attorney, working with the township assessor or the property tax board review to see if we can come to an agreement. We do not want anybody to hire an attorney; the large corporations, yes, they do hire attorneys.”

Com. Harper, “Do you think you are going to have more appeals year after year?”

Ms. LaFever, “Oh yes, we have almost 3,500 appeals for 2002 and almost all of those will be finished by the end of 2004. We have 586 now for 2003 at this time and every day people are coming in to appeal. Right now if you wanted to appeal, you would have those for 2005 payable in 2006. We will have all 2002 appeals finished by the end of the year and that can say a lot for the township assessor because we had over 3,500 to deal with. They have really done their everyday work which they are required to do plus do these 3,500 appeals, too. So it is going really well in Porter County.”

Com. Harper moved to approve the contract,

Com. Evans, “The triennia analysis portion of 69,300, how many parcels will that involve?”

Ms. LaFever, “Probably 78,000, John, that is every parcel in the county.”

Com. Evans, “They’ll all be ____?”

Ms. LaFever, “Yes, they may be.”

Com. Evans, “The rental portion of this contract offers payment for $42,000.00, how many is that?”

Ms. LaFever, “That is for four units or above, it says here for strip malls, and it could be over 3,000 properties. It might be more because the department class is not correctly entered in the data base and we know it could be more.”

Com. Evans, “I know Shirley, that your people go to school all the time and they become Level 1, 2 and 3; what level assessment of expertise is required to perform these functions?”

Ms. LaFever, “Level 2.”

Com. Evans, “How many Level 2 assessors do you have?”

Ms. LaFever, “We have 10 Level 2, well, elected officials, there are 10 or 12 at Level 2 and the township has quite a few deputies, I think there is about 30 Level 2’s right now. There are very few people in any of the offices that are not a Level 2 and if they aren’t they are Level 1 working towards Level 2.”

Com. Evans, “Then do we train these people so that next year we don’t have to spend $111,000.00?”

Ms. LaFever, “Yes, that is our goal.”

Com. Evans seconded, motion carried.

CHEMICAL DEPENDENCY AND ADDICTIONS PROGRAM AGREEMENT
David Lain, Chief Deputy

Chief Lain, “What we are proposing to do is modify the existing contract with Porter Starke Services who provide counselors to our inmate population that is commonly referred to as the IOP or Intensive Outpatient Program. It is a chemical dependency program that is funded through the fee that is collected for everyone that is booked through Porter County Jail. Because of some funding issues, Porter Starke requested that we modify the contract if possible and what you see is a reflection of that. They provide two counselors for our inmate population and probably 95 or better percent of the population in Porter County Jail or any other jail in the country, is there either directly or indirectly because of substance abuse. We are currently paying for one of those counselors from the booking fee and they are providing funding for the other. This would increase the Sheriff’s Department share of that to essentially one and a half of the counselors and Porter Starke will pick up the difference.”

Com. Burrus, “We show a figure here of $5,000.00, is that a monthly fee?”

Chief Lain, “That should be, under Number 3 on page 2, that should say $7,687.00.”

Atty. Rinkenberger, “Somebody scratched it out and put $5,000.00.”

Chief Lain, “I think you have an old copy of the work in progress. The rate would actually be $7,687.00.”

Com. Harper, “How many people are in IOP at one time at the jail?”

Chief Lain, “It depends. Typically, class size for the male population has been running about 30 inmates in the class so plus the female class which varies as well anywhere from 3 to as many as 9.”

Com. Harper, “How often do the males meet in a week?”

Chief Lain, “I believe they hold classes three days a week.”

Com. Harper, “And how long do the classes last?”

Chief Lain, “Roughly two hours.”

Com. Harper, “So at any one time going on in the jail, there is one class for males and one class for females, correct? So these counselors spend about six hours a week in class.”

Chief Lain, “Let me add that they also have an office area that they access.”

Com. Harper, “Are they full time?”

Chief Lain, “I believe they are full time employees but not at the jail.”

Com. Harper, “That is what I am asking, how much time do they spend at the jail?”

Chief Lain, “Frankly I am not sure but I would guess typically most teachers would say that for every hour you spend in the class room, you spend another hour grading papers and what not.”

Com. Harper, “I am just questioning why we are paying for two full time counselors from Porter Starke because that would pay for two full time counselors from Porter Starke including benefits. They only spend about 12 hours a week because I know there are a lot of people that can’t even get in the classes over there. I know that because I talk to them. I wonder why we are doing that and I would like to get some more facts and figures before we do this. We have other possibilities, we have a PACT organization right now which is heavily involved in alcohol and drug programs. I am worried about that fund. I would like to make sure that we are spending it as good as we can.”

Chief Lain, “This comes from the booking fee, it is separate from fund 217.”

Com. Burrus, “Your suggestion then Bob is to table this until . . .”

Com. Harper, “Table this until next time and get a little more breakdown from Porter Starke with exactly where they come up with $30,000 for someone for 12 hours a week. Lets find out how many hours it is, if we are paying full time for them I think they should be running a couple classes. Let’s talk to Dr. Back and see what he might be able to do this for.”

Com. Evans, “Is the contract expired at the end of this year?”

Atty. Rinkenberger, “Yes, it does.”

Com. Evans, “Can we continue it the way it is until we are able to have conversation with Porter Starke?”

Atty. Rinkenberger, “Why don’t you make a motion to continue it for thirty days.”

Com. Evans, “I hate to lose this program because I had the opportunity to sit in on one of the graduations and it was a very, very moving experience and I think they do a lot of good. They accomplish what they intended to do. I don’t know if we are not getting the bang for the buck, if that is the case, we need a better deal. But I think it is a worthwhile program.”

Atty. Rinkenberger, “Then our motion should be to continue the last years’ contract as a month to month basis at the last years’ fee, not this fee, and then until we straighten it out.”

Com. Evans, “Is that have to be agreeable by the other party?”

Atty. Rinkenberger, “Well, if they don’t want to do it, then we don’t do it.”

Com. Harper moved to table this for one month and to propose a continuance of the existing contract at the existing rate on a month to month basis, Com. Evans seconded, motion carried.

Com. Harper, “What is the present rate?”

Chief Lain, “$5,000.00”

Com. Harper, “So the new rate will be $84,000.00 a year on two people part time?”

Com. Burrus, “I am not sure if those numbers are right based on conversation with the Sheriff, you might want to review it. It might be half of that 76 figure and the Sheriff agreed to raise it up to $5,000.00 for a total figure.”

Com. Evans, “That is what I remember.”

Com. Harper, “So, really it is only 35.”

Chief Lain, “We will clarify it with new figures.”

Com. Burrus, “We are paying for one and they are paying for the other. And they were asking for additional help on the second one. Just clarify those numbers and the details.”

Com. Harper, “The new figures, of $90,000.00 a year is what it is still, right? The contracts call for $90,000.00 a year.”

Atty. Rinkenberger, “But then last years’ figures that was $3,500.00 that what it was.”

Com. Harper, “You have two full time people working in there for $91,200.00 and they have people sitting out there waiting that can’t get into the classes. That’s all I am saying. I don’t understand.”

Com Evans, “They do separate interviews and intake for some of that other stuff on an as needed basis.”

Chief Lain, “There are other programs that inmates have access to and they may not be able to get into IOP for a variety of reasons; whether it be disciplinary reasons, or . . .”

Com. Harper, “They do get filled, I have been told they get filled with so many people.”

Chief Lain, “Certainly that does happen.”

Com. Harper, “Here’s what else happens. If you had somebody there full time, an IOP class lasts how many weeks, 10 weeks? Which is a very good class, the judges like it a lot and a lot of inmates have been through it and liked it. But it lasts 10 weeks so somebody comes in there and he misses the start session, he has to wait 10 weeks and some of them aren’t there that long so if they had a couple courses more. We could pay two full time people for $91,200.00. If you had a couple courses going you could pick up some of those guys. I think we should look and see what we are doing.”

RECEIVE BIDS FOR BOMB SQUAD TRUCK-SHERIFF’S DEPARTMENT
Bill Garner
Tom Henderson

Mr. Garner, “Approximately 2 ½ years ago I was working on a Pell Grant through the Emergency Management Agency to acquire Homeland Security Funding, grant money, comes from the federal government down to the state and funnels down to the county. These last 2 ½ years of many meetings required $204,000.00 from Homeland Security, the state of Indiana, to fund bomb squads equipment. At this point, some of the different items are out there right now we have ordered and we will be receiving. One of the items was for a bomb truck itself. At this point, not knowing what the guideline is for these, the state board of accounts, whether we should go out and get it and just buy it straight out without bidding, the process through accounting, not originally being county money, we went ahead and sent the bids out. We did send a bid out and a bid did come back. We sent out three requests. We advertised for them also.”

Com. Burrus, “We have one responded. This bid is from Bloomington Ford, Inc. from Bloomington, Indiana and the amount of their bid is $31,296.91. Our option is to take action on this today or if you want to take it under advisement and come back with a recommendation either to take or not to accept this bid.”

Mr. Garner, “I would like to accept it if possible with the understanding, and I understand the insurance, of the fleet insurance, and the problems with that. We are working with Tom Henderson here to see what we can alleviate from our inventory obviously next spring during the sale or whenever that comes up. We are working on that.”

Com. Harper, “How much will it cost for insurance?”

Mr. Garner, “I have no idea. Not knowing what the bid was or the actual cost if we accept it.”

Com. Harper, “Is there a premium because of what it is used for?”

Mr. Henderson, “I would have to wait until we accepted the bid.”

Com. Harper, “It is based on the price not the use?”

Mr. Henderson, “It is more on the value.”

Mr. Anton, “Police units are typically a special rating classification and then or course the physical damage to the vehicle would be based on physical damage rates and if you are going to ask me to give you a number, I would say probably $1,800 to $2,000.”

Mr. Garner, “I am not sure we are paying the one we have now. We do have a bomb truck, it is a smaller one.”

Com. Harper, “That is what we pay for regular patrol cars, isn’t it?”

Mr. Anton, “Yes, there is a variable, (inaudible).

Com. Evans, “That is not going to increase or decrease because of the (inaudible).

Mr. Garner, “I don’t think so.”

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

Mr. Garner, “I am also chairman of the Emergency Management Advisory Council. We had a meeting yesterday and the Council voted on a letter to submit to the Commissioners reference the Emergency Operations Center or the EOC. What they are trying to do is make you aware of the importance of the EOC Center and how that works with Emergency Management, how everything goes hand in hand on any type of emergency services that the county would be involved in. I am going to give you a letter from the advisory council with our concerns and just oversee what we feel is our job is as the advisory council.”

ADVERTISE BIDS FOR MOBILE CYLINDER AIR STATION AND LIGHT SYSTEM FOR EMERGENCY MANAGEMENT-
Phil Griffith, EMA Director

Mr. Griffith, “This is a request going out to advertise for bids for a mobile air return system. This will be used by every single fire, police, Hazmat, EMS, dive team, in a major emergency. It can recharge their self contained breathing apparatus and it has a light tower attached to it. When the Homeland Security funds were divided up by the emergency agencies that are meeting, that was one of the things that we felt was a real need in the county. We set aside money for that, I anticipate we will have two bids for that as we have two agencies that do business and have expressed an interest in bidding on that.”

Com. Harper, “ I want to think about it for awhile.”

Com. Evans, “Currently don’t the fire departments meet that need?”

Mr. Griffith, “No, there is not one in the entire county. We have a van that has some bottles so that half way through you are filling the bottles half way because nobody has a mobile recharge unit.”

Com. Evans, “Where are they taking them to be refilled now?”

Mr. Griffith, “They have them back at their stations. But if you were at an incident, you would have to load the bottles onto the truck and take them back to the station and refill them and come back to the scene. Nobody has a mobile recharger.”

Com. Evans, “Currently now they just shuttle back and forth?”

Com. Harper, “Where will it be stored?”

Mr. Griffith, “Right now Portage will be storing it. Where it will be stored beyond that I don’t know.”

Com. Harper, “So this will be owned by everybody?”

Mr. Griffith, “Yes, actually it will be owned by Porter County but it is actually going to be used for everyone in Porter County since it is being bought by homeland security funds.”

Com. Harper, “I don’t know anything about this. If it were me, I don’t even know what it is used for.”

Com. Evans, “By giving you permission to do the bidding doesn’t mean we are going to buy it. So I don’t know if we should delay his bidding process. So if we allow him to get bids and in the interim educate ourselves as to whether or not we really need it and to make this expenditure, at least part of it will be done.”

Com. Harper, “I don’t know if we are making a commitment.”

Atty. Rinkenberger, “I don’t know if you want to release something for bid if you don’t know if you really want it. I think we should decide if we really want it and have the funds for it and then release it for bid.”

Mr. Griffith, “ We have the money sitting in the Auditor’s office in the Homeland Security grant. It is earmarked for that.”

Com. Evans, “The funds are there. Last night in Chicago is a prime example. You need that type of vehicle to protect your people that are inside that building. Eight firefighters or more went to the hospital because their air tanks ran out. So it is not something that is a luxury by any stretch of the imagination.”

Com. Harper, “We can imagine every case scenario of a disaster that possibly comes up and we can buy equipment from here to kingdom come to cover them all. I think we should at least have some idea of how much is it going to cost to insure it and where is that money going to come from; that is what need to address out of our budget. That is why I don’t understand why this wasn’t brought to us and give us a chance to think it over. How much is this going to cost?”

Mr. Griffith, “About $67,000.00.”

Com. Harper, “I don’t know; we are going to be paying, and if it is an emergency vehicle and based on cost, my mind tells me we could paying as high as 6 to 7,000 dollars a year in insurance. If we are paying on a $30,000 we are going to pay $2,000.00. I don’t know, I think we should know what it is going to be and have some information on this. I would even like to see some of the specs that the manufacturers send out to you and what this does and so forth. We are going to buy, buy, buy and then we are going to have to build, build, build to place these things and then we are going to pay, pay, pay insurance. We are paying $4,000 a year for two Harley Davidson motorcycles; that eats me up every time we can’t put an extra person out at the park.”

Mr. Griffith, “Other than having a major incident, we do not have the capability within five counties of doing this.”

Com. Harper, “So we are going to pick up the tab for five other counties?”

Mr. Griffith, “No, we don’t have the ability to call one in from any other county for support. We are going to have to operate (inaudible). We have a mutual aid agreement with five other counties as far as Emergency Management services go. There is not one in region one in the state.”

Com. Harper “So why should we be picking up the tab for something that maybe the other counties should be sharing in the insurance costs if it is going to be used by them. I don’t think that is a good argument.”

Com. Burrus, “You are missing the argument there. It is not that we are going to share with five other counties, it is the fact that we don’t have anybody else to draw on if we do need it.”

Com. Harper, “Well, what about them, they don’t have anybody else to draw on either.”

Com. Evans, “I think everybody is right here. With a mutual aid you can’t charge somebody for insurance, but I think Bob has a very valid point. Phil, you need to bring this up in department head meetings. We need to be apprized of these situations before you come to a meeting like this.”

Mr. Griffith, “When I submitted the budget for all the money that is signed by the Commissioners, I was (inaudible.).”

Com. Evans, “I think Bob makes a valid point and you need to find out more about it and get going on it. If the bid process is not going to be encumbered by the change of the year, then I think we should just wait until next meeting and we will have the information we need.”

Com. Evans moved to table the request until the next meeting, Com. Harper seconded, motion carried.

RELOCATION OF EMERGENCY MANAGEMENT

Mr. Griffith, “With the information that the current County Home is going to be disposed of, we just need to figure out where we are going to move our offices. This office in 2000 was given to me through the Commissioners’ ordinance that we actually established a work operations center. When we were in this building here, we had a small office located in here without the abilities to do that. Through the use of volunteers who donated equipment, working with then Commissioner Larry Sheets, we established an EOC out at the County Home we built the EOC out there. We put in the radio equipment, the computer system, weekend monitor, all current events going around the world. We can tune in the ham radio operation, we can communicate pretty much anywhere in our area to find out what is coming our way. We can monitor the current events on local TV, we can track any storms coming through, we can communicate with all the police, fire, EMS agencies in the county. There is an area where if we had this big disaster, the Commissioners could actually come out and meet with the various department heads, talked to the various agencies and find out what is going on and maintain contact with everybody in the county. We just need a place to put that information.”

Com. Harper, “I read this letter given to us by Bill Garner that seems to have a solution to the problem. Did you read that or not?”

Mr. Griffith, “Yes, I sent you a letter also.”

Com. Harper, “And you are talking about the PCADOS offices which I would like to explore with the other Commissioners at some point. No one has moved in there yet have they?”

Mr. Griffith, “I wanted to be preparing for that.”

Com. Harper, “This county home thing, they are putting the bids together for demolition and we are going to have to go to the Council to get funding approval, this is not an overnight thing.”

Mr. Griffith, “I understand that. I just wanted to make sure we were all on the same page. We need to go, we need to move.”

Com. Harper, “I think this is a fairly good suggestion. I don’t know how John and Dave feel.”

Com. Evans, “I have something I would like to read about the county home once the structure has been demolished. There have been those that say the county should not do any more building. They say the Environmental Department should just go quietly into the night and be happy they still have their jobs—even though they have been raising funds for year to build a new home. The Sheriff has had $600,000.00 taken with the understanding that it would be repaid, to later find out that the County Council has no intention of repaying his department. Firefighters in this county are always looking for a place to train and stay proficient. Our own Emergency Management Agency will be without a home once the building is torn down. This is not the first time this proposal has been offered, I do not know the original author but I can not let the idea slip by without a measure of consideration. The idea is to build a facility that would house the Environmental Department and the Emergency Management Agency, with the possibility of merging the two at some point in the future. This facility could also serve as a training center for all county fire department, and have enough space to fulfill the Sheriff’s needs for a firing range. It could also be available for their necessary training requirements. Before anyone starts screaming that we would be adding, wasting, or carelessly spending tax dollars it should be stated that there may be enough money between the Greg Phillips Fund, the money the Sheriff is owed, and the Deep Well Injection Fund to pay for this Porter County public safety structure. Detailed would need to be worked out by a group of public safety officials. A possibility that the Environmental Department would be the management agency to do all the booking for use, and administer the facility could be discussed. The world does not stand still and public safety must be give the tools they need to perform the functions and responsibilities they are given.”

Com. Harper, “What were the words about screaming, the other two words?”

Com. Evans, “The words were adding, wasting or carelessly spending.”

Com. Harper, “I believe to do this it would be adding, wasting or carelessly spending. And I am glad it surfaced because now we have the dime on the table about what is going on here and what has been going on here for several months so let me announce it. What’s going on here is that another super building is going to be proposed and pushed by a lot of the agencies in Porter County. It is going to be proposed as a joint structure, I have heard a rumor about it, a joint structure and again we are going off on a building spree that I am going to stand against. I would like to respond to some of John’s remarks. In the first place, John talked about the money that was promised to the Sheriff’s Department for the shooting range. The Sheriff’s Department got a contract signed with the federal government for this to keep the prisoners; the reason they got the money to keep the prisoners was because the taxpayers of Porter County are paying day by day for a multi million dollar jail that we built. By the way, we didn’t scrimp when we built the jail. If you go over and look at the exercise rooms, and the equipment, some of the older couples in Portage on a retired incomes are paying for it month after month; it makes me wonder. Anyway, the taxpayers are paying for that jail and because of it we were able to use some of the space to house the federal and state prisoners and there was a contract signed between the county and the federal government. The Sheriff went to the Council so the only thing that money could be spent for is for improvements out there. Then that was changed when they decided they needed for cars, for exercise equipment, for the workout room at the jail and so forth. We also have another fund that is called the Greg Phillips Fund. In fact, it has about $50,000.00 in donations in it. The rest of the money was again, tax payer money. Money that we were able to get because we spend money and we have attorneys and ordinances and part of it came from the fact that the steel mills didn’t follow some of those ordinances in payment to the county. So that money, as far as donations, and what is planned here is a drop in the bucket. We just came through a crunch. People sitting at this table with the start of this year and talking about the fact that we might not keep government going and now we are getting ready and the push is going to be on to build this new super structure. I just want to say that right now I am going to be against it and I am going to fight against it until we get this budget straightened out; we can take care of what we have; we can take care of the employees we have. We don’t just have the employees in this government that are working so to speak in public safety, we have people in the Auditor’ s office and the Clerk’s office, Recorder’s office, Treasurer’s office that have gone through some pretty tough times. Their budget really hasn’t grown that much the last few years and if we start on the way that I see this is going, one little portion of our budget in public safety is going to eat up everything else and it is going to increase taxes before it is done. So, I didn’t think I was going to talk about this but since John did, I just want to make my response to that. I intend to try and keep the lid on our spending.”

Com. Burrus, “Okay, thank you. I think this is something that is going to be ongoing with respect to our agenda for today, I think you have made your point filling the need with relocation and I think we are aware of that. Two Commissioners on either side are going to be looking at the PCADOS spaces and going with that as the first choice. At any rate we are aware of the need. Anything else?”

Mr. Griffith, “I have the check from the federal government for our half of our salary. And I also have, for your information, as far as Homeland Security grants so far, in the last year (inaudible)… $1.2 million. By the various emergency service agencies in the county to purchase anything from the air trailer to in January I have the intention of coming back and asking this board to put out the bid on the trailer that we (inaudible).”

Com. Burrus, “The check he gave us is for $37,000.00 and that is the state’s contribution toward his salary and your secretary. So that is two people in that office that are subsidized by the state.”

TOWER SITE SUBLEASE AGREEMENT
David Sheibels, E911 Director

Mr. Sheibels, “We’ll start with the Intergovernmental Cooperation Agreement. Just yesterday afternoon, if I could back up a moment, the county attorney and myself have been working together to put together this agreement that was part of our national weather radio system project. I think we have a good solid agreement here but yesterday afternoon I got a call from the National Weather Service contract advisor in Kansas City. He just wanted a slight paragraph revision from the original one that Gwenn and I had worked on that was distributed by Melissa already to the Board of Commissioners. They used the word ‘gifted’ at the National Weather Service so they wanted us to include in Section 2 on page 2 the word ‘gifted’ in this agreement. And in Section 6 there was a change as to how local works are performed. There will have to be a separate agreement between the National Weather and our Emergency Management agency in the installment of our ________________; we wanted to get into the business of doing work in Porter County through the system. Other than that, the agreement is the same that Gwenn and I worked through. The idea is that Porter County, in whatever project resources that you want to fund this radio system with, then once we buy the system with whatever funds we collect, it is turned over to the National Weather Service; that turnover phrase they use the word ‘gifted’ so they wanted me to include ‘gifted’ to the National Weather Service instead of just handing over.”

Com. Harper, “This says the Porter County Board of Commissioners will fund any tower lease costs for the first ten years so they don’t completely take over.”

Mr. Sheibels, “Correct. The National Weather Service, the gifted program requires that the local government entity could be a township; could be a city or town; in our case, Porter County Government, fund the original lease purchase. Typically, that is a five to ten year process. In our particular case they want us to go with a ten year lease on the site of the preliminary survey and you mentioned that last meeting. Also, in conjunction with this session, the agreement from Vertical Real Estate, we can go ahead and have you approve the agreement, not starting the agreement yet, contingent on complete funding and start up date which I will have to coordinate.”

Com. Evans, “The parties that are interested in participating are Porter Township and Center Township. Porter Township has agreed to $10,000.00 and Center Township to $5,000.00 would leave our portion of the initial purchase at $35,000.00 which comes from probably CCD or an unallocated CEDIT fund.”

Com. Harper, “We’ve already approved that?”

Atty. Rinkenberger, “No, it is contingent upon funding.”

Com. Harper, “The Council would have to approve that fund, right?”

Com. Evans, “Not if it comes from CCD or from CEDIT. I think we can approve it contingent on funding.”

Mr. Sheibels, “This intergovernmental agreement would just be with those two township entities would have to have an agreement this year because I think they are basing their contribution on this year’s budget dollars.”

Atty. Rinkenberger, “So we need a motion to approve the agreement forwarded to the other municipalities and bind them to the donations they are willing to make so they don’t lose their money at the end of the year.”

Com. Evans moved to approve the intergovernmental cooperative agreement, Com. Harper seconded, motion carried.

Com. Burrus, “Would you give us a little background on what this could do for the community?”

Mr. Sheibels, “It started almost two years ago by the Porter Township Trustee; looked into better servicing the south central area of Porter County for newer weather radio broadcast and weather alerts. We discovered there is a large gap in south central Porter County, primarily northern Jasper County, northern Newton County and the southwest corner of Lake County. He thought that he could start the project through his funds as he reported a few meetings ago and wasn’t able to perform that so he came to the Board of Commissioners to take over the project. He thought it was a worthwhile project, I think we all do. He coordinated it at the county level. I was given the task of getting Commissioner Evans to take the ball and put it back to together and come up with the agreements which I have done. I am here today simply to approve the intergovernmental so that funding can be secured from two township entities and I think just go ahead and approve the Vertical Real Estate ten year lease agreement at this time contingent upon when funding becomes fully available and equipment is ordered. There is going to be about a three or four month lead time from the equipment manufacturer. They build it from scratch and deliver it and install it so we assume you don’t want to pay for a tower rental agreement to start until such time as that equipment has been funded and getting ready to install. Then we will initiate a start date on the Vertical Real Estate Tower agreement.”

Atty. Rinkenberger, “How is this sublease related to the land lease? I was wondering why we have this. Are they related somehow?”

Mr. Sheibels, “Not that I know of.”

Atty. Rinkenberger, “One has nothing to do with the other.”

Com. Harper, “You say this is going to cost the county $35,000.00.”

Mr. Sheibels, “No, the total equipment cost has been quoted as $46,000.00.”

Com. Harper, “How much of that is the county going to have to kick in?”

Mr. Sheibels, “As far as the contribution, whatever funding you want to kick in cooperation with, at least right now the other two townships.”

Com. Harper, “You manage to get $15,000.00 out of that 46,000.00.”

Mr. Sheibels, “Right, and Commissioner Evans has found it, we have a $15,000.00 commitment right now from the townships.”

Com. Harper, “Did we discuss how much this was going to cost when we discussed it last time?”

Mr. Sheibels, “Yes, I presented a quote on a project cost when myself and the township trustee were here.”

Com. Harper, “So, how much is this lease going to cost us a year?”

Mr. Sheibels, “The first year is $420.00, there is a 3% normal escalation charge for any year after that. That includes our right to have this equipment installed at the Vertical Real Estate site and continue to have that equipment there until such time as we cancel the lease. If the conditions change and there has been some discussion going back a couple years ago with the Porter Township Trustee, some private business people looking to put another tower in south central Porter County. So far, that hasn’t materialized. If that would have happened and the communication that the township trustee had a while back with Lee Ellers was he was willing to not charge the county National Weather Service rent space if that ever materialized but so far there is no sign of that.”

Com. Harper, “You are telling me that we can use this tower, put our equipment there and everything for $400.00 a year.”

Mr. Sheibels, “For $420.00 per month. For the first year then it goes up 3% every year up to ten years. There is an opt out clause in case we decide another tower becomes more attractive, or less expensive. We can opt out of this, we would have to entertain a cost to move equipment then of course, and the National Weather Service to do a survey and to do that kind of work. There will be another agreement coming from National Weather Service. There will be a gifted agreement which we don’t have yet, the contracts person has been on medical leave for about 3 months and he just came back to work. There will be an agreement that will come from the National Weather Service but those are just standard agreements that they produce.”

Atty. Rinkenberger, “I see some language in this I would want to toy with so if there is any motion I would appreciate it if you make it conditional upon my review of some of the language.”

Com. Burrus, “David, the action that would be most appropriate today would be to do what, just approve the intergovernmental agreement?”

Mr. Sheibels, “Correct. That is more time sensitive. The tower site agreement because we don’t have any locked equipment we can take our time to look at that.”

Com. Harper, “John has already made a motion on that, so I will amend it.”

Com. Harper moved to amend the motion by saying this is subject to us receiving the funding necessary to enter into the contract,

Com. Evans, “The attorney has already reviewed that so we don’t need that clause in this contract, but for the other one. I will acquiesce the revision in the amendment and to the motion.”

Com. Evans seconded,

Com. Burrus, “Because the framework of this agreement will provide for the accumulation of monies.”

Com. Harper, “I think somebody is going to have to add that to the agreement.”

Atty. Rinkenberger, “Well, the bottom line is if they commit money under this intergovernmental agreement and the project doesn’t go through then they are saying they get the money back.”

Com. Evans, “That is kind of the essence of why we are here today because if we don’t commit these funds from the townships, they are not going to be available, so if we lose that window of opportunity we have lost a third of the project.”

Atty. Rinkenberger, “We need to approve this and then somebody from those municipalities need to sign it prior to the end of the year committing the money then we are done with the intergovernmental agreement, then we have to move on to the terms of the sublease.”

Com. Harper, “Well we still haven’t approved the money yet.”

Com. Evans, “And if we don’t come up with our share then the townships need to get their share back. I don’t know how we can turn our back. Look outside today, this is a prime day for this type of service to be of use because of the atmospheric conditions are not going to allow those people in south county to be warned in an appropriate manner because we didn’t put up a tower. We are playing around with people’s lives.”

Motion carried.

COMMISSIONERS’ REPORT


North District:

1. Open bids for Midway Drive Sidewalk Project.

Com. Evans, “Just as a refresher, this is CEDIT money that has been allocated to each district and I chose to spend $75,000.00 to install sidewalks into the South Haven neighborhood.”

Com. Burrus, “The sole bid appears to be from the Rieth Riley Construction Company. A most reputable paving contractor and for the work they are describing they are bidding a figure of $65,300.00.”

Mr. Schelling, “This is to finish the sidewalks on Midway between McCool and State Road 149. There are some sidewalks there now and there are two schools in that area so it is important to get the sidewalks continuous through there.”

Com. Evans, “I think because we are not going to start this process until spring if you want to take this under advisement, check the numbers and see if you can get it down.”

Center District:

1. Eagle View Subdivision, Performance Letter of Credit from First State Bank of Porter, in the amount of $20,000.00. Expiration date is May 15, 2007. Recommend approval.

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

2. Amber Woods Subdivision Acceptance Form and Maintenance Letter of Credit #051 from Alliance Banking Company in the amount of $10,000.00 and the Performance Letter of Credit #052 from Alliance Banking Company in the amount of 2,000.00. Recommend approval.

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

3. Walnut Ridge Subdivision Performance Letter of Credit from HFS Bank, F.S.B. in the amount of $22,000.00. Recommend approval.

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

Com. Burrus, “This has to do with Sturdy Road and Comeford Road.”

Mr. Schelling, “We have discussed this briefly before the meeting with Porter Development since there was no notice. It is something that should be done. I think the Commissioners are in favor of it but it needs to have proper notice.”

4. Porter County Development Corporation has been working with me concerning the right of way, setback and access issues for the property at Sturdy Road (CR 150 East) and Comeford Road just north of the old Penn Central Railroad (formerly Conrail and now Rail America). The County has an access road through the south portion of this property. The right of way on Comeford Road is 85 feet and could be reduced to 60 feet. The setback has been 25 feet and should remain at 25 feet. The existing right of way on Sturdy is 40 feet total or 20 feet from the half section line, but 30 feet is adequate. The access road will likely need to be relocated a little to the north but will be allowed to exist on right of way to be dedicated in the future. Porter County Development Corporation will be petitioning for these items. Enclosed is exhibit “A” that shows this location.

South District:

1. Amanda’s Acres, Performance Letter of Credit, is a cashier’s check in the amount of $1,000.00, drawn on Centier Bank. Recommend approval.

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

2. Morgan Estates Subdivision Performance Letter of Credit #630 from Centier Bank in the amount of $15,000.00. Recommend approval.

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

CORRESPONDENCE

Approve 2005 Holiday Schedule

Monday January 17 Martin Luther King Jr Day
Monday February 21 President’s Day
Friday March 25 Good Friday
Monday May 30 Memorial Day
Monday September 5 Labor Day
Monday October 10 Columbus Day
Friday November 11 Veteran’s Day
Thursday November 24 Thanksgiving Day
Friday November 25 Thanksgiving
Monday December 26 Christmas Day

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

Weights and Measures monthly report for November 2004 is on file.
Veteran Service Office monthly report for November 2004 is on file.
Court Security Activity Report for October 2004 is on file.
Building Department monthly report for October 2004 is on file.
Clerk’s monthly report for October 2004 is on file.
Emergency Management Agency report for October 2004 is on file.

G. Anthony Bertig as late enrollee to Porter County Employee Benefit Plan

Com. Evans moved to accept G. Anthony Bertig to the Porter County Employee Benefit Plan with coverage to be effective December 1, 2004, Com. Harper seconded, motion carried.

Approve Blanket Employee Bond for Treasurer’s Office

Com. Evans moved to approve the bond for the Treasurer’s office in the amount of $300,000.00, Com. Harper seconded, motion carried.

Approve Public Official Bond for Delphine Eck, Boone Township Assessor

Com. Evans moved to approve a Public Official’s bond for Delphine Eck, Boone Township Assessor in the amount of $8,500.00, Com. Harper seconded, motion carried.

Approve consultant agreement with Animal Welfare Board and Attorney Matthew Soliday

Com. Burrus, “This is for 2005 in the amount of $3,720.00 for Matthew Soliday to represent the Animal Shelter on all legal matters.”

Com. Evans moved to approve,

Com. Harper, “I think this contract for the year 2005, the board for 2005 should approve it and that has already been litigated. The new board approves the contract and I have no problem with this contract, but I think the board for 2005 should approve the contract.”

Com. Evans, “In this case specifically, when the Animal Welfare Board needed an attorney, they were allowed permission to interview and accept applicants on their own and Mr. Soliday is who they recommended.”

Com. Harper, “I think they hire the attorney, I don’t think we hire the attorney. What I am saying is the 2005 board handles the attorney for 2005 and I think that is case law. We can ask our attorney. By the way I would vote to approve this attorney at the next meeting if that is who the board approves, I think that is the way it needs to be done.”

Com. Evans withdrew his motion .

AWARD HIGHWAY BIDS
Al Hoagland, Highway Superintendent

Com. Burrus, “These are the bids we received and opened and read aloud last meeting and Al has prepared tabulations of those bids. What’s your plan of procedure?”

Mr. Hoagland, “You go through the items by number.”

Com. Burrus, “Al, we will take your recommendation as approval. Is there any one listed here that you are not accepting on any of the items?”

Mr. Hoagland, “I had one. Item 29 was not accepted from Lacal Equipment. Because they didn’t submit a bid bond.”

Com. Burrus, “Then we can say that we can approve your recommendation on all bidders that were qualified and listed here.”

Mr. Hoagland, “If that is how you want to do it. I have two items that I am going to hold recommendation off until first meeting in January by trying to clear some paperwork with them. That would be the fuel bids, Item No. 10 and 11. I discussed this with Capt. Henderson of the Sheriff’s Department and he agrees with me.”

Atty. Rinkenberger, “Are you withholding making your recommendation or are you going to resubmit it for rebid?”

Mr. Hoagland, “I am withholding recommendation until they fill out a form. And Item 2, Slag, I request permission to rebid that product since we only had one responsive bidder.”

Com. Burrus, “Gentlemen would that be appropriate in your mind to approve this list of recommendations with the exception of Items 2, 10 and 11?”

Com. Evans, “And the deletion of 29. I have a question, Al. The people that tendered a 10% of the bid bond, is that a problem?”

Mr. Hoagland, “No, it is just a matter of getting some more information.”

Com. Evans, “Are any of the bidders present have a problem with the way we are going to do that? This will be available for your inspection at the close of our meeting.”

Com. Burrus, “There are 31 items. We will approve that in one lump sum with the exception of items 2, 10 and 11 and also make exception to the one bidder of Lacal.”

Com. Evans moved to accept the recommendations of the Highway Department on all items with the exception of items 2, 10 and 11, Com. Harper seconded, motion carried.

Com. Evans moved to amend his motion to accept the documents, Com. Harper seconded, motion carried.

2005 OFFICE SUPPLY BID DISCUSSION
Sandy Vuko, Auditor

Ms. Vuko, “Good morning. The last time we talked about this, I kind of left it up to your discretion whether or not we were going to bid this out. I really haven’t done anything else on it since the last meeting.”

Com. Harper, “Okay, you don’t want to bid this out do you?”

Ms. Vuko, “No, I don’t.”

Com. Harper, “Because you feel, go ahead and explain it.”

Ms. Vuko, “I just feel that we can get different things at different prices a lot cheaper. Going through the business and looking at some of the things we don’t use on the bid list and a lot of things we do but the majority of things you can get cheaper at Wal-Mart or Staples.”

Com. Burrus, “Do you have a total figure of what the bids have come to in the past?”

Ms. Vuko, “You mean what was on the bid list?”

Com. Burrus, “Well, we have a $75,000 window that we purchase.”

Ms. Vuko, “Sheila is going to check that out, what we spent at McShane’s.”

Com. Evans, “This seems so antiquated; there are things that we bid here that we probably never buy or there are other things not on that list that we use day in and day out, especially when it comes to computer supplies. The list was written back in 1820 or something like that.”

Com. Harper, “Each department will be less than 75, no one has 75 office supplies in their budget, right? Other than the Sheriff’s Department.”

Com. Evans, “I have been pounding my fist on the desk for years saying we need a purchasing agent for the county and that would be the person who would take care of this problem.”

Com. Harper, “But right now, what should we do, John?”

Com. Evans, “Appoint a generalized purchasing agent, it would take care of our problem. I think we are going to have to allow the departments to purchase their own. They all have line items in their budget for their supplies. I don’t like the idea of going to Wal-Mart or Kmart. We have supply companies that make their livelihood right here in Porter County and do a good job of serving the county. I think they should get first chance of continuing that service. Because when you get them, you get a representative that comes and goes through your list and shows you what is new and goes through the various items of what is available. I would much rather see us try to keep some of that in with the organized companies that is their main livelihood.”

Ms. Vuko, “I agree with you, John. It is a lot easier with the billing and invoices versus working with Kmart or Wal-Mart. But they do have sometimes, well, it is all based on competition.”

Com. Evans, “Just so the office holders and department heads understand we do not pay interest or late fees, and our billing is unique to any other business they deal with so if Wal-Mart sends us a bill and they want payment in ten days, it isn’t going to happen. And when it doesn’t they are going to put on interest charges and we are not going to pay them and the next thing you know we are going to the small claims court with them.”

Atty. Rinkenberger, “I was thinking the proper procedure would be for this board to come up with what procedure they want these specific departments to use and then issue a policy in that effect so everybody knows what they are supposed to be doing with their purchasing. If you are going to say purchase from vendors, then name them. That is probably the best guide.”

Ms Vuko, “Without a bid process, will we actually tell anyone who they can purchase from and who they can’t?”

Atty. Rinkenberger, “You might have to exclude Wal-Mart and Kmart, I don’t know. If you want vendors coming here and you don’t people going out to . . . .”

Com. Evans, “I think it has to come down to a dollar amount if you are going to bid out ‘x’ amount of dollars for a certain thing, and we need to get some guidelines so that if it is over $1,000.00 for paper products, then it needs to get a review from you or somebody.”

Com. Burrus, “What is the status on the bids for this year, Sandy? Are they being advertised?”

Ms. Vuko, “No, we haven’t got any submitted bids except from Boyce and that is our paper products basically.”

Com. Harper, “Then if you didn’t advertise, then we don’t have to open it.”

Com. Evans, “Can we get a current list of supplies and bids, not the old one where we are looking for shoe box of a certain size and color, but the things we use and the things we need. Can we look at that and then maybe get input from the department heads as to what they want added or subtracted to that list. I think we need to do that very quickly.”

Ms. Vuko, “Right. We have done that already.”

Com. Evans, “Can we get a copy to all the department heads and see if they have any additions or deletions they would like to make and the we can take that as a guideline as to what we need to develop a policy from there?”

Ms. Vuko, “Yes, we can do that. I also was talking to the office suppliers and they don’t have a problem with the quantity, that it is so much per box or gross and each one is different and separately and that would change the prices.”

McShane’s representative, “We have the current contract for this year and I would like to say the pricing for 2005 will not change as far as your contracted items will go. (inaudible) . . . . .”

Com. Evans, “Centralized purchasing agent. Why don’t we take it under advisement until our next meeting and see if we can come up with a formatted idea of how we want to present it and what we need to do.”

Ms. Vuko, “Do you still want us to sent out the bid list?”

Com. Evans, “Can we get the review of the office holders first and let them add, subtract and delete because there are so many things on there that should be thrown off. Come up with a new bid list.”

Ms. Vuko, “Okay. McShane’s was $71,870.00; Corporate Express was $64,456.00 for 2003.”

SHERIFF’S AUCTION DISCUSSION

Com. Harper, “Let me say this. I talked to Tom Henderson, the reason they haven’t had the auction yet is they don’t have all the cars in service yet. He is putting together a list to prepare for and I talked to him about Anton having everything covered.”

Com. Burrus, “He also came up with a list of vehicles that were disposed of and the insurance was terminated on those. So he is trying to manage that.”

DISCUSSION ON COURTHOUSE PAINT AND PLASTER BIDS
Charlotte Miller, Maintenance Supervisor

Ms. Miller, “Well, we did show these people one floor and there were a couple other floors that need something that was so minor , just kind of touching up with the paint and we felt there were probably going to be nothing left over and they could go ahead and do that. They all bid on the same job.”

Com. Harper, “You have a judges’ chamber on the fifth floor that has to have all that wallpaper off.”

Ms. Miller, “Yes, we do have wall covering there that we are going to put on there. We had saved the wall covering from when they redid the courthouse, we had wrapped it up in plastic and had stuff to preserve it. I believe we are going to get a fairly decent match. I don’t know if the judge will be happy with it but we’ve got quite a bit left over from that.”

Com. Harper, “Do you have a recommendation here?”

Ms. Miller, “No, when I talked to all of them they all seemed to kind of be on the same page. I felt that we had used Stan’s quite a bit there and we are quite familiar with the building. I think they originally painted the courthouse when we redid it.”

Com. Burrus, “We are talking about a plaster component and a paint component, do any of your bidders propose to do both?”

Ms. Miller, “I believe Stan’s did. On some of them only needs patch prime. There are other places that need patching of plaster and they have a plasterer. A guy came in and looked at it from Stan’s that does plastering to repair that.”

Com. Evans, “There are only two, then, Shaw and Stan’s that propose to do both, is that correct?”

Ms. Miller, “Yes, and then this . . . there was another gentleman that does plastering for him under Stan’s from KC Decorating and he had another man that came in if you look at the total estimate of $7,895.00.”
Com. Harper, “With the alternate of Stan’s it is $18,000.00.”

Ms. Miller, “Some of the offices do not need plaster repairs, I believe there is a spot in Adult Probation in Neil Hannon’s office. Not all of them need the plaster repaired. They went around in different sections where it would need repaired and that.”

Atty. Rinkenberger, “I don’t understand how somebody can give us a bid for $18,000.00 to patch and paint and somebody else is $48,000.00 and we are bidding on the same thing. Something is not right.”

Ms. Miller, “They all looked at the same room, at the entrance way coming in they way they bring in the prisoners. They were all in the mechanical rooms. They were all in the same rooms.”

Com. Evans, “It says on the first floor only.”

Ms. Miller, “That is correct, this is only on the first floor.”

Com. Evans, “There are areas . . . .”

Ms. Miller, “There are other areas in the building and we showed them that areas and they all said they were kind of minor areas that needed touch up painting. I believe one judge has some wall paper that needs to be hung and the guy that did the mold thing was not even done in there yet when we took these bids. Do you want to bid all five floors then? And to go back and open up the bids and do all five floors?”

Atty. Rinkenberger, “If we did all five floors with Shaw it would be $250,000.00.”

Com. Harper, “These people are working in these offices and here’s the motion I would like to make. That we approve the Stan’s bid as long as it includes the plastering that needs to be done. We will have to double check that. they’ll have to come back and redo it for the first floor. Which as I understand it will be around $18,000.00.”

Atty. Rinkenberger, “This bid says various areas on first floor.”

Com. Evans, “He doesn’t really talk about any . . . .”

Ms. Miller, “Who are you talking about?”

Com. Evans, “Stan’s. Spot prime, sand and apply minor patch. Some of those areas are more than minor patch.”

Ms. Miller, “The one in Adult Probation. He had the plasterer, the guy that does the plastering, . . . “

Com. Harper, “If we approve this, and he doesn’t have the plaster in, then we’ll have to come back at the next meeting and see where we are at.”

Ms. Miller, “The plaster was there when he bid this. The guy that does the plaster for Stan’s was there when he walked through the building.”

Com. Evans, “For labor and material for area 1 excludes overtime patching of plaster. It says excludes. Area 1, east wall, labor and materials, $220.00, excludes overtime patching of plaster removed by others. To me that says that he doesn’t have any patching.”

Ms. Miller, “Okay, I will go back and check with him and we will see about getting this bid turned in by your next Commissioners’ meeting.”

Com. Evans, “We would like to bid the job like I am afraid this guy has it right, this Shaw. He says patch, prime and paint, that’s what we are going to bid.”

Com. Burrus, “You have two quotes from KC’s Painting.”

Com. Evans, “One is for patching, the other is for painting.”

Atty. Rinkenberger, “The concern I have for the Shaw proposal is that it says $48,000.00 to do everything that is in the quote discussed with Charlotte Miller but they didn’t identify the scope of work. It doesn’t say what they discussed”

Com. Harper, “Where is the KC’s one.”

Com. Evans, “They total $21,395.00. It appears as though he has covered both.”

Com. Burrus, “I would suggest that we take these two quotes (inaudible).

Com. Evans moved to accept K.C.'s bid for patch and repair in the amount of $13,500.00 and K.C.’s bid for painting of $7,895.00 for a total bid of $21,395.00 to do everything on the first floor, Com. Harper seconded, motion carried.

Ms. Miller, “They did some of the removal of the mold that was there and then he did come back and do one area in the clerk’s office where the Child Support office is.”


CEDIT TAX ISSUE COMMENTS BY COM. EVANS

Com. Evans, “I would like to address the issue of CEDIT tax in Porter County. When the Porter County Council passed the tax it was at the last minute of the final hour before the county would be forced to assume a heavy interest fee ($500,000.00) for a loan to keep the county afloat as the result of Bethlehem Steel’s bankruptcy. Failing to win support from the cities and towns (except Kouts) for a County Option Income Tax the Council chose to enact the CEDIT rather than be forced into a high interest rate for the loan it needed. Since the enactment of this tax many a candidate has used the cry “No new taxes” while the cities and towns sit back and wonder how they would be surviving without it. Charges have been made that the tax is not being used for what it was intended, the Council wasn’t o micro manage every expenditure, and every department has a plan for the funds. They all think they can do a better job than the Commissioners. I think I have a solution, let’s call a special session of the Porter County Council before the end of this year and repeal the tax. Abolish it and let the next County Council solve the problem without having to be constrained by the tax no one wanted any way. I am fairly sure the state would not go back and begin to charge us interest as long as they are assured a solution of the highest order would be forthcoming. Thank you.”

Com. Burrus, “Is that a motion?”

Com. Evans, “Sure.”

Com. Harper seconded, motion carried.

PLAN COMMISSION SESSION

Com. Burrus, “We do have one holdover item we want to get over with quickly. Mike Anton if you would.”

Mr. Anton, “As you know this time of the year the sign up for flexible spending accounts for participation by county employees. Currently that program has a cap of $750.00. There has been significant interest among the employees of the county to request that the cap be increased to $1,000.00 and I would like to make that recommendation to the Board of Commissioners and ask you to approve it.”

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VALPARAISO AND PORTER COUNTY
Robert Thompson, Plan Commission Director

Bob Thompson, “This came about Craig contacted me, Craig is city planner for the city of Valparaiso. Mr. David Geystone’s parcel in the City of Valparaiso in Candlewood Trace subdivision off of 50 West, and he purchased a small section to round off the property that is in the unincorporated area and he wants to build a garage in there. Now the garage is going to be located within a parcel in the incorporated area and also in the city. Now to be able to do it in the unincorporated area we need a variance from the BZA because there is no primary structure on that parcel. The city of Valparaiso they issued a permit on it but his house is in the city of Valparaiso. This is just for a garage. I told Craig just go ahead and take it and do it. Then Craig’s attorney said no we can’t do that we need an agreement.”

Com. Evans, “So what you are saying is once the attorneys got involved it came to a stop.”

Com. Burrus, “Your recommendation then, Bob is for us to go ahead and execute this agreement with the city of Valparaiso so that we can relinquish any controlled interested in this property, is that correct?”

Mr. Thompson, “Yes. It is for a small parcel you see on the map in the unincorporated area.”

Com. Evans moved to approve Mr. Thompson’s suggestion, Com. Harper seconded, motion carried.

AMENDMENT TO ORDINANCE 04-11, PLAN COMMISSION AND BUILDING FEES, 2ND READING

Com. Harper moved to approve Ordinance No. 04-25 on second reading with the early bird that was added as an amendment, Com. Evans seconded, motion carried.

Mr. Thompson, “I did send down some thoughts on that about the early bird finds. Is that included? I put it in with the stack of copies. The early bird finds consists of new construction . . .(inaudible) also infrastructure and subdivision ___.”

Com. Evans, “Are the surcharges double?”

Mr. Thompson, “Yes.”

Atty. Rinkenberger, “Then this goes into effect January 1, 2005.”

ORDINANCE RELATING TO SUBDIVISION IMPROVEMENTS-2ND READING

Mr. Thompson, “This is where ____ lots within subdivisions before the definition used to state major subdivision now it is just regular. Must be built on an existing public street or street construction for the county Highway Engineering Departments’ standards and specifications.”

Com. Harper moved to approve Ordinance No. 04-16 on second reading, Com. Evans seconded, motion carried.

ORDINANCE REPEALING PORTIONS OF ORDINANCE 94-16 AND PORTIONS OF TITLE 16 & 17-1ST READING

Mr. Thompson, “This is Plan Commission Resolution 04-14 and this amended the minor subdivision ordinance. The Plan Commission heard this at a public hearing on November 10th and it was recommended to repeal the minor subdivision ordinance. A number of the reasons were mainly because of the lack of infrastructural requirements within the minor subdivision ordinance itself; mainly the 64 ingress egress easement and also the process strip to minor subdivision was going through. Were some of the reasons why Plan Commission wanted to repeal this ordinance. This was heard and recommended approval by the Plan Commission at their November 10th meeting by an 8-1 vote.”

Com. Evans, “In layman’s terms, Bob, what are we taking out?”

Mr. Thompson, “We are taking out the whole entire ordinance from a minor subdivision. There is a definition in our current code right now, in the subdivision section, the code; it was never codified because we talked about redoing that particular ordinance. That’s why it was left. Within the definition of a minor subdivision it talks about the no extension of public utilities and lots confront on a sixty foot ingress egress easement which is common and under standards with them. And how to improve a driveway or a road that would go back and access those lots within the easement. I guess that is one of the main things the Plan Commission was taking an exception to because of the fact of ___________ access to those lots. We are finding a lot of those roads, garbage collection doesn’t go down, or the school bus doesn’t go down. It is difficult for fire trucks because there is no set ____ standards on that at all. Can I point out one thing? Isn’t this a public hearing?”

Com. Burrus, “Yes, I think we are.”

Mr. Thompson, “I was wondering if you were going to open it for public comment.”

Com. Burrus, “We will. Inasmuch as this is first reading and it will take form of a public hearing, we will open it at this time for anyone who cares to speak on behalf of the change. Hearing none, we will now open for discussion for anyone wishing to speak against or not in favor.”

Don Bengel, “I think the minor sub ordinance, I do think there are a few problems with the ordinance. I don’t think the notification _____. And I think there should be some specs for the roadway. Some people (inaudible)….. It might make sense to keep the ordinance . . . (inaudible). Through the process of exactly how that works.”

Com. Evans, “That is a very good point you make, Don, but what the problem is, people are taking advantage of it. They butt up a minor sub to a minor sub and then the next thing you know we’ve got a whole subdivision that is really 14 minor subs and this will allow us to write the rules the way that will benefit the roads and be able to be used for the planning purpose is was intended.”

Don Bengel, (Mr. Bengel was speaking from the audience and could not be heard by the recording equipment.)

Com. Evans, “And then somebody deeds the property to their son or daughter.”

Com. Burrus, “Would you give us your name and address for the record?”

Mr. Bengel, “Don Bengel, 73 E. Division Road, Valpo.”

Com. Burrus, “Anyone else like to speak?”

Male, “I seriously think that . .. a lot more expenses (inaudible). Plus getting rid of the ___ minor subdivision, I think the open space ordinance calls for the exemption of minor subdivisions. So now someone that wants to . . . . . . . a minor subdivision , it is going to have to comply with . . . . (inaudible).”

Com. Burrus, “Anyone else to speak? Hearing none, I will close the public hearing. Does this board have any other comments?”

Com. Evans, “I just wanted to see what Bob’s opinion would be to the charge we are going to be destroying the minor subdivision’s total in not allowing any other venue to take the place.”
Mr. Thompson, “I agree with this, I think it is going to be reviewed by Ground Rules coming in the process. I think there is potential that will reappear when we do our code revision and hopefully it will be done right to what we want it to be. The one concern I do have will relate back to the agricultural area minor subdivisions could be done in an agricultural area where a major sub may not. That is my only other concern.”

Com. Burrus, “That was the hope I had as well is that with the review that is being undertaken by Ground Rules that they would also review this situation, this need, and maybe come up with a better solution.”

Mr. Thompson, “There are other communities that do processes that are different allowing certain small split offs like this in the agricultural area instead of going through the minor subdivision process, a special exception where the actual guidelines and points set up for that. There are a number of ways to go about it and I know Ground Rules (inaudible)…”

Com. Evans, “I would like to make sure that we don’t totally eliminate the little guy.”

Mr. Thompson, “In so far as areas that are residentially zoned, there is a subdivision control process now and that is to make a later subdivision. Now what Mr.____ did point out was true, that the open space doesn’t apply to it. However, it’s a one or two lot subdivision, then granted it is going be another step of going in front of the Board of Zoning Appeals requesting a variance from them. If it is that small of a subdivision, there will be one additional step.”

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

Com. Harper moved to suspend the rules and pass on 2nd reading,

Com. Evans, “Are there any in the works right now Bob?”

Mr. Thompson, “Yes, there has been a number of them that have applied lately and I guess anybody that has been considering it has been telling the people. I would have to lean on Eric and Don Bengel to find out what they have been telling their clients, but I think I would be telling them that on December 7th it could be up for a minor subdivision. So we do have a number of applications in for a minor subdivision right now, probably filling up the TAC agenda until January so it can beat this ordinance.”

Com. Harper, “So it wouldn’t affect the ones with applications?”

Mr. Thompson, “No. The ones with applications in will not be affected.”

Com. Evans seconded,

Com. Evans, “I don’t know if we shouldn’t give a time back. I mean, if somebody is sitting there today at their kitchen table and drawing a four lot minor subdivision and they are trying to get down here and get caught by a train before we close, then yes, I think we should at allow those people that have it on the drawing board to have an opportunity to get it in.”

Com. Burrus, “The next issue would be to move that we. . . “

Com. Evans, “Approve on 2nd reading and giving the first of January as the initiation date or start date.”

Com. Burrus, “Then it will be Ordinance 04-27, effective the first of January.”

Motion carried.


REZONE PUD TO C4, NSP TRUST NO. 1-2004—1ST READING

Mr. Thompson, “This is Plan Commission Resolution No. 04-13, Petitioner NSP Trust No. 1-2004. They are requesting to amend the zoning maps from PUD planned unit development to C4 general business. The PUD portion was an ordinance created for the Liberty Center and a retirement center offering full assisted care and independent living facilities. When they were proposing the ordinance it was repealed. That particular ordinance creating that development to a C4. The petitioner did present written commitments to the Plan Commission to review and look at and after reviewing the Plan Commission, originally forwarded this to the Plan Commission with a favorable recommendation but died due to the lack of it. It was a 3-5 vote and by the Rules and Procedures and the majority votes against it and the motion essentially turns the opposite so the Plan Commission recommendation is to deny.”

Com. Burrus, “This is the first reading therefore this will be the public hearing. At this time we will open it for presentation by anyone who cares to speak on behalf.”

Don Bengel, “This parcel of land . . . between the Bypass and Liberty Church is the best way to describe the location. As Bob stated the request is for repeal the part of the PUD. To repeal that part of the PUD ordinance that the petitioners description which is about 29.85 acres that would still leave some PUD zoning for the present Liberty Bible Church and some land south of the petitioners land. We are asking to rezone that 29.85 acres to C4 to permit a private recreational development that would include indoor basketball, indoor hockey and maybe indoor or outdoor soccer facilities. Our nearest neighbor is on the road to the north of this. Liberty Bible has most of the land to the east, the corner of the property touches south where there is a big tower there; microwave tower that ____ Communications owns that is between this property and Highway 6. The church also owns the ground south of it, Liberty Center which is the original petitioner for the PUD owns a strip of ground south of us, which I believe is in bankruptcy. There are letters I passed out from Mr. Osborne who is the athletic director at Ben Franklin Middle School supporting this proposal and a Liberty Bible Church letter signed by Mr. Soliday, operations manager, enduring the project on behalf of the church. The church presently has plans for an outdoor baseball field to the east of where we are proposing so that there will be some agreed use there. Technically the cycle worked; it worked for the other proposal and it will work for this proposal. We ask for a favorable recommendation if possible to suspend the rules and do second reading.”

Com. Burrus, “Anyone else care to speak on behalf?”

Edward Soliday, “I live at _____ in Valparaiso. We do not object to the PUD being vacated, we do not object to he rezoning. We did ask the developer to restrict the C4, we gave him this of things we preferred not to see in that property. Otherwise we do not have any natural interest (inaudible)….. We are willing to work with them as needed.”

Com. Burrus, “Some of the conditions or issues you have addressed with them have been incorporated, is that right?”

Com. Harper, “Have they all be incorporated that you had Mr. Soliday?”

Mr. Soliday, “Yes, to the best of my knowledge.”

Com. Burrus, “Does anyone else care to speak on behalf?”

Com. Harper, “Somehow this has been incorporated with this ordinance.”

Com. Burrus, “If we could then, I will ask for those who wish to speak against the rezoning.”

Tim Cole, “I live at 845 N. Calumet, Chesterton, just east of this project. The issue and I do represent some other families in the area, six families in the area that I have talked to and I have asked their take on this, nobody objects to the sports complex or to the idea of the project. The issue here is the zoning. And I think that also brings up another issue. A number of these people said they were not notified unless they read the particular newspaper, they had no idea this was taking place because a number of years ago, the Plan Commission voted to only send notices to people living within 150 of a rezoning change. I feel that this is out of order. That this was done quietly and without the knowledge of the public and really needs to be addressed by the Plan Commission one more time. People living across the street from this do not know what is happening. The issue is C4 zoning will allow a number of undesirable troublesome business ventures that essentially would encumber a residential neighborhood that primarily _____. The original zoning in this area was R1, we would like to see it return to R1, their project can continue very easily with the use variance very easily and I don’t think that funding or the application for a loan would be in that much danger because if this venture fails, we are stuck with some cleared spaces, some vacant buildings. What takes place, you have a list of items that can be refused in a C4 zoning but my understanding of the state statute governing this is that this will not be defensible in court. If someone really wants to challenge this and certainly with 29 acres of C4 zoning, somebody could really drop danger by taking this to court. I really feel that the proper method here would be to rezone this to R1 residential. Traffic is another problem. The original PUD allowed entrances to both Calumet Avenue and US 6; however, US 6 was only open from westbound US 6 by a _______ that moves along through private property into the 29 acres. The other road was platted as part of Liberty Bible’s property and we are not sure if that is going to be usable for this because essentially I have a difficult time understanding how this will exist if one road is private property and we are talking about a public road. That being the case and the only entrance is US 6, we are talking several basketball courts, we are talking several enterprises going on in this area, this is going to entail considerable traffic. I understand that this will be open to the public, it is not church connected and the entry will be for the public. That’s my concerns and the concerns of several of the people in the area.”

Atty. Rinkenberger, “I question rezoning something from PUD to C4 and then trying to exclude the written commitments for all the uses that C4 authorizes.”

Mr. Thompson, “Its not excluding all of them.”

Com. Evans, “Is there anything you think should be added to this list?”

Mr. Thompson, “Its pretty comprehensive. I suppose if I took some time to think about it, there probably would be some.”

Com. Burrus, “Anyone else care to speak against the zoning?”

Bob Rhoda, “I live at 842 N. Calumet Avenue, Chesterton. (inaudible). . . . . the Plan Commission was willing to send a favorable recommendation to the Board of Commissioners within the scope of that was (inaudible) . . . and that didn’t seem to be . . . . . so you wonder what other uses are in mind for the C4 zoning (inaudible) . . . other items excluded . . . (inaudible) so I would ask that you not approve this.” (Mr. Rhoda was sitting in the last bench and could not be heard).

Com. Burrus, “Anyone else to speak against? Seeing none, I will close the public portion of the hearing. Bob, I have a question for you regarding the remarks the notification and the distance from the subject property that receive notice. You indicated there was one of the property owners . . . “

Com. Evans, “The request is 300 feet.”

Mr. Thompson, “No, with it being in R1 the underlying zoning district was R1 and so by the rules and procedures it is only 150 feet for notification.”

Com. Burrus, “Did the affected property owners receive a notice under that condition?”

Mr. Thompson, “The petitioner submitted it to us and there were four, Aqua Land Communications, Inc., that’s the tower that is out there, Bob and Vickie Rhoda, Liberty Center, Inc. and Liberty Bible Church, Inc. These were contacted because of the section that we are repealing the PUD ordinance. Its not the entire Liberty Center PUD, it is only a small portion of it.”

Com. Harper, “How did that get from 300 down to 150?”

Mr. Thompson, “That is by the rules and procedures.”

Com. Harper, “When was that done?”

Mr. Thompson, “Rules and Procedures has been done like that since long before I was here.”

Mr. Bengel, “It depends on the zoning. If it had anything other than R1, it is 300 foot distance. If it is R1, then it is 150 feet.”

Com. Burrus, “Did they meet the requirements for notification?”

Mr. Thompson, “They did. It is stated they must advertise in a newspaper that covers the entire county, that is the only recommendation in the state statutes and under our rules and procedures we require two, the Chesterton Tribune and Vidette Times.”

Com. Burrus, “We may want to look at redoing the procedure at the present time. With this list of uses, am I correct in understanding this list is a list that has been approved that they would not utilize on this property? What does that mean within the C4 zoning, is there much of a venue or other uses that could be acceptable?”

Mr. Thompson, “I went through Table 1, this was within the ______ at the Plan Commission. I think I forwarded it also to the Commissioners. From the Table 1, we show the green highlighted areas that would be allowed within the C4 and I can quickly go through them. Single family house, however, a residential subdivision cannot be done in that, multi family can go out there and that is separate. Commercial green house, farms, radio and television tower, warehouse storage, assembly hall, church, kindergarten, day care nursery, now these are uses that can go on. Police station, fire station, public library, public park, public parking area, school, telephone exchange, trailer business ___, university, college, appliance service, radio, TV, or signal uses. Automobile repair, doors, dress shop, dry cleaning, laundry, millinery, self serve laundry, shoe shop, tailor shop, restaurant, bank, business or professional offices, radio or television studio, telegraph office, barber shop, beauty salon, dancing academy, outdoor ____, recreational development. They are requesting basketball. Also, theater, indoor, department store, apparel shop, drug store, flower shop, garden shop, gift shop, hardware store, jewelry, thrift store, newspaper, publisher, recording shop, clinic, _____, home occupational, dentist office, laboratory, photograph studio, studio business, wholesale, contractors office, storage, ____, and mini warehouse.”

Com. Burrus, “We see that there is a large number of accepted uses still available to the property if it were to be rezoned C4. Those are the accepted uses, while it is certainly comprehensive, it is probably less than half of what would still be available. Any further discussion?”

Com. Harper, “Let me explain the negative votes from the Plan Commission. Even though the church is here, saying they don’t object to this, what bothers me and some other members of the Plan Commission about this is it is a typical deal that is sought. They are coming with a proposed use to this property that I think probably has uniform approval by those in the area, those in the community and those in the church. There is no question that people are in favor of that facility. But they are saying that rather than going for a variance, and I can tell you what they are going to say, they are going to say if we went in for a variance, we couldn’t get the financing and I have a real problem with that. So, we are opening this up; they are coming in and selling something that may never be, I don’t even think we should consider it. They are coming in and saying approve this, approve this, because we are doing this great thing for the community but that is just an empty promise in thin air. That is what happens so many times. I am concerned about, one of the accepted uses is multi family. I have a concern, although I think the church feels some responsibility they sold this property and they had it zoned for a retirement community before. But I am concerned about what the members of this church are going to have built next door to them and I think with open eyes and calm thought, they have said okay, if it is going to be a sports facility, we are okay with that. But I don’t think, if you remember, they were visualizing everything else they could put in this field next to that church, they would be in favor of that. I don’t think they would be. And we are just basically downgrading the zoning about as far down as you can go and I understand we are accepting a lot of things, I am not even sure of the legality of that, but the attorney could tell you that this could be argued day and night. We are just opening something up for a huge legal argument at some point about what could and couldn’t go on there. If these fellows truly are planning a recreational facility, then we can take this back to R1, they could go in front of the BZA, get their exception. I question that financing deal, I have been involved in some land deals and I question that, saying we can’t finance this unless it is C4. I just have some real doubts about this.”

Com. Burrus, “Ed, would you be able to speak to Bob on behalf of the congregation (inaudible).”

Male, “I have been in the church community for most of my life and Bob is accurate if you ask every member of our church I am sure you would find some that didn’t agree. The board has looked at the multi family issue, to us it would be disingenuous to come before you and ask for a retirement center that was multi family and then come and ask (inaudible. . . .) part of that plan was , we’ve got some things going on for single moms that we want to put together and again, it would be advantageous, to come in as R2 and as for R2 for some other property.”

Com. Harper, “This is C4.”

Male, “I understand but you made the issue of multi family. We did as a board look very carefully at all of the C4 things that were listed and tried to compare and be fair.”

Com. Evans, “Can anyone speak to the financing aspect? I just want to hear it.”

Male, “Yes, if we (inaudible) . . . build a 55,000 square foot building, (inaudible)…. The bank always wants to know . . . .” (male was speaking very quietly from the back of the room).

Atty. Rinkenberger, “In my opinion, the cleanest and the proper procedure would be to repeal the PUD, let it revert back to what it was, which was R1, and then go to the Board of Zoning Appeals for a variance for this specific use. From a legal procedure, that would be the proper procedure.”

Com. Burrus, “And you are aware of the comment that was made, assuming it was accurate, that would clearly eliminate financing.”

Atty. Rinkenberger, “I am not prepared to assume that.”

Male, “It is difficult for financing with the single use. As far as the procedure, I think this is the same procedure that is ……”

Atty. Rinkenberger, “As the attorney for this board, I have never approved the procedure if they had done it any way.”

Male, “I don’t want to do anything that is wrong or improper. As I told Mr. Harper, I know it is a petitioner’s goal and they have spent quite a bit of money so far and will spend a lot more as soon as we get the zoning. So it is our intent to do this, but then again, there needs to be a back up. We will still be asking for the C4 zoning.”

Com. Evans, “Is there any way you can do the multi family without sewers?”

Male, “If this fails, it is multi family now and it would be a good use. Of all the uses that are permitted, I would say multi family would be the most desirable use of that.”

Com. Harper, “The retirement place was planned for next to that.”

Male, “It was a mixture, Bob. It was multi family that permitted that in residential use.”

Com. Evans, “And we’re changing that to commercial.”

Male, “Right. As far as a back up, then we have to keep the multi family in there.”

Com. Harper, “Duplexes, is that what it would be?”

Mr. Thompson, “Multi family, they could go because of the fact it does not require subdivision ______. As far as duplex goes, no because the residential subdivision cannot be done within C4 zoning. So, essentially this parcel, if they went to a single family residential, a two family residential structure would be ____ and requested.”

Com. Harper, “Could they build an apartment building?”

Mr. Thompson, “They could.”

Male, “If we did come back for a residential use, I am sure the zoning board, would be a subdivision or zone it back to R2.”

Com. Evans, “If this goes through and they get the C4 zoning, its not proposed now but to be able to build multi family structure, what would have to occur?”

Mr. Thompson, “They would have to go before TAC.”

Com. Evans, “Site review and that would be it? And the maximum size of that structure would be?”

Mr. Thompson, “I think it works out to be 3,500 square feet and has to be in place per unit”

Com. Evans, “And they are allowed one unit?”

Mr. Thompson, “I don’t know how may square feet they have but I think 3,500 is what the code says.”

Com. Harper, “The utilities are down the street at 206, a couple miles away.”

Mr. Bengel, “Three miles. You have to cross the By-pass.”

Com. Harper, “It was a few miles away from that not too long ago.”

Male, “I don’t know why the center failed but they were trying to get utilities from Chesterton across the Toll Road, across the railroad.”

Com. Evans, “I kind of would like to postpone this until next meeting. I think I want a little more information.”

Com. Burrus, “The public portion of this is closed.”

Com. Harper moved to table this request until next meeting of January 4th, Com. seconded, motion carried.

Com. Harper, “I am just visualizing this and I hope they sit down and visualize the potential of what we are talking about here, with the utilities on that property in the near future.”

COMMISSIONER EVANS’ COMMENTS ON COMMISSIONER BURRUS

Com. Evans, “I would like to make a statement before we leave here. I would like to take this opportunity to thank Dave Burrus for his service to this Board and to the residents of Porter County. It is not often that such a qualified individual is willing to give of himself to government. This county was a large demographic to Dave for his service and his commitment . He has lead by example and not backed away from difficult issues or decisions. He has been upfront and honest and held the public trust as sacred. His leadership, wisdom, problem solving skills, will long be remembered. I consider it an honor to have served with him.”

Com. Harper, “I would like to add to that. I thought about this before and Commissioner Burrus and I have disagreed many times before on many issues but we have been able to be friendly while we’ve done it, but one thing I know is when he believes in an issue, he believes in an issue from his heart. But over and above that, his serving as president as this board and his time commitment to Porter County Commissioners’ office was outstanding. He did much, much work on budgets and did things no one ever saw and I think he should be appreciated.”

Com. Burrus, “Thank you both, I appreciate your remarks, too. In closing, particularly from the point of John and I, we have experienced four years of unprecedented experiences and I look back on it with a certain amount of satisfaction, maybe of accomplishment, and certainly the challenges were there. We worked together as a team throughout, and I am satisfied my term on this board was a worthwhile contribution. I appreciate the support and the assistance from everybody.”

Com. Evans moved to adjourn for 2004, Com. Harper seconded, motion carried.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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


Attest: Sandra K. Vuko, Auditor