PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 17, 2005
6:00 P.M.



The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, May 17, 2005, in the Commissioners’ Chambers of the Administration Center.

Those present were: Commissioners Robert Harper, John Evans and Carole Knoblock, Melissa Hartig and Vi Wagner.

President Harper called the meeting to order with the Pledge of Allegiance.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of May 16, 2005, Com. Harper seconded, motion carried.

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of May 3, 2005, Com. Harper seconded, motion carried.

PORTER COUNTY HOSPITAL ASSOCIATION BOND REPAYMENT ISSUE—
Robert Welsh, Attorney
John Rhame III, Attorney

Atty. Welsh, “I put on the desk of you Commissioners, several copies of a joint resolution between the Porter County Board of Commissioners and the Porter Hospital Board of Trustees. The hospital trustees passed the resolution last night. Also, next to the resolution there should be an original signature page with their signatures and several copies that I have Xeroxed off so that if this passes tonight we can attach a fully executed signature page of each resolution. Secondly, I have put up on the desk a resolution prepared by Ice Miller, bond counsel. That resolution has to do with the repayment of the 1988 and 1985 hospital association bond issues. Basically what it says is that the Board of Commissioners agree to repayment to the repurchase of the real estate that had been put up for security for those bonds and as you know, pursuatnt to this joint resolution, when that real estate is released by the hospital association trustee, it will go back to the hospital and then be deeded by the hospital along with the adjacent parking area between Lincoln way and LaPorte Avenue across the street from the hospital to the Board of Commissioners so we can unify the title to the main hospital facility. The joint resolution does several things. It has a number of basic understandings in the wherefore clauses which I wont get into any depth at this point unless it is necessary to do so. But when you get into the body of the resolution and what it is resolving to do. The first thing it does is provide for the resolution I just referred to which would be to the hospital association trustee by Board of Commissioners permitting that trustee to accept the prepayment of those bonds that will allow the hospital to go forward with the $43 million bond issue and allow us to save the interest rate differential between the current bond issue and the higher interest rate on the balances due on the ’85 and ’88 hospital association bonds. It also provides that the trustee will be instructed to release the trust indenture for the two bonds released as recorded for those two bond issues and then as I mentioned to unify the title to the real estate for the main facility of the hospital at LaPorte and Garfield and the adjacent parking area between LaPorte and Lincolnway. The second thing that the resolution does is it addresses a concern which Bob Harper had with regard to a statute that exists in the state of Indiana that governs hospitals and what they do with their land. If they want to sell part of it and what they do with the hospital itself as a whole, if there is a sale that needs to be undertaken at any point in time. While there are some fairly explicit portions of that statute, I think one of the things that concerned Commissoiner Harper is there is a portion of the statute that allows various activities to be undertaken by the Board of Trustees that doesn’t necessarily involve an explicit sale of land or a hospital. I think it was a concern that somehow under some of those other activities there could be in effect from a private perspective a conveyance of the hospital. So we have prepared item 2 in the joint resolution to try to address that. Item 2 basically says that with respect to all three subparts of the statute that we are talking about in the Indiana Code which permits these other activities on behalf of the hospital, that there will not be any agreement entered into by the Board of Trustees of the hospital which could have the actual or practical effect of conveying away more than 49% interest of the main hospital facility or the footprint of the Portage Community Hospital facility and the adjacent parking for each of them. The third and the fourth paragraphs of the joint resolution provide that the Commissioners and the trustees are both agreeing and clarifying to one another that they both agree that land which the hospital owns, if there were no longer needed for hospital purposes, would not be sold unless the Board of Commissioners gave their advance consent to that sale. That is what the statute says and in paragraph 3 for example of the joint resolution, to the particular portion of the statute that governs land sales of the hospital. The same thing is true for paragraph 4, that involves the sale of the entire hospital. If there is a sale of the entire hospital, all of the trustees, Commissioners, and County Council have to agree with that. And paragraph 4 clarifies that everybody understands and agrees with that. Paragraph 5 of the joint resolution has to do with some language in the bond documents; that is also true in paragraph 6. We have in the current bond issue a document called a Master Trust Indenture. It is a way for us to access capital markets, that is to get money that we need for hospital projects more efficiently and more easily than we have been able to do in the past. By having a Master Trust Indenture we will in effect be on an equal playing field with other hospitals and health care facilities in Indiana and other states who already have this type of arrangement available to them and get more modern as we go into capital markets. Those paragraphs have to do with language of the Trust Indenture. There was a concern that part of the language in the Trust Indenture indicated that an obligated party under this bond issue could be more than just Porter Memorial Hospital. To clarify that we are having language in the Master Trust Indenture revised to make it clear that Porter Memorial Hospital will be the only obligated party in the Master Trust Indenture with respect to these bonds. Also, there was a concern that the entire Board of Trustees should take actions that are required or desired with respect to this bond issue and the Master Trust Indenture for any future financing as opposed to for example the administration of the hospital or a minority of the board. So that would be done in any case but to make it clear those documents are also being revised to indicate that the Board of Trustees when it desires to take any action under the Master Trust Indenture or is required to do so will do so as an entire board and approve or disapprove or take whatever action might be necessary or required. So there will be an entire board and I think in any case could be made clear. Lastly, the resolution says that other than what we have already said in the resolution, the joint resolution itself, is not intended to diminish or restrict the abilities of the trustees of the hospital to oversee or manage and control the operation of the hospital and its properties, partnerships, leases, and other business relationships. Which of course is what the statute says should be where it falls upon the Board of Trustees to be the supreme authority for the operation of the hospital. And that I hope is a very good synopsis of what the joint resolution says. The separate one is the resolution similar to what the hospital has previously passed and similar to what the Hospital Association has passed which gives the trustee for the Hospital Association bonds of 1985 and 1988 the authority to accept prepayment of those bonds so we can have the lower interest rate with these new bonds and also to file releases of the Trust Indenture and return real estate that was given to the trustee and the association as collateral for those bonds, for the money received from those bonds. Any questions?”

Com. Harper, “I think we should pass the joint resolution first, is that correct?”

Atty. Welsh, “Yes, that is what the Board of Trustees did unanimously last evening.”

Com. Evans moved to approve the joint resolution, Com. Knoblock seconded, motion carried.

Com. Harper, “You would like us to sign this tonight, right?”
Atty. Welsh, “I have the signature pages there, they are separate and if you want to sign the same ones as the trustees have signed, then I will put them together and leave a copy with you and then I will have a copy. I don’t know who to give the third copy to, its just between us, maybe nobody.”

Com. Harper, “Then we have a resolution for the Board of Commissioners as to the bond refinancing. John, do you want to do a motion?”

Com. Evans moved to approve the resolution no. 05-03, Com. Knoblock seconded, motion carried.

Atty. Welsh, “The signature pages are only for the Joint Resolution. The ones that are signed by the trustees.”

Com. Harper, “What is the number for the joint resolution that John made the motion on?”

Ms. Hartig, “05-02.”

Com. Evans, “And the other one?”

Ms. Hartig, “05-03.”

Com. Harper, “Bob, I know you put a lot of time and effort in this, everybody did.”

Atty. Welsh, “Everybody worked hard, we appreciate all the input and everybody’s effort.”

Atty. Rhame, “If I could say on behalf of the Board of the Trustees of Porter Memorial, we would like to say thank you to the Commissioners. We appreciate this, this will go a long way to help stabilize what we believe is already a solid financial institution. This allows us to refinance at the lower rate which will allow us to supply more quality services to the people of Porter County and quite frankly, we believe this is a great step forward between the Board and the Commissioners to alienate some of the fears and anxiety that may be in the community and we look forward to a very positive relationship. Thank you very much.”

Com. Harper, “And I second that, thank you very much.”


COUNTY LINE ROAD TRANSFER STATION RESOLUTION

Com. Harper, “The next item of business is the County Line Road Resolution. John, would you read that?”

RESOLUTION NO. 05-04
A RESOLUTION OPPOSING WASTE TRANSFER STATION AND
UPGRADE OF PORTER-LAPORTE COUNTY LINE ROAD
________________________________________________________________________

WHEREAS, LaPorte County has approved a waste transfer station located on the Porter-LaPorte County Line Road, ½ mile north of U.S. 20; and
WHEREAS, the Porter County Board of Commissioners are opposed to the waste transfer station; and
WHEREAS, the Porter-LaPorte County Line Road which abuts the proposed waste transfer station is under the jurisdiction of the Porter County Board of Commissioners and the Porter County Highway Department has maintenance responsibilities; and
WHEREAS, the intersection of Porter-LaPorte County Line Road and U.S. 20 is of concern to the Porter County Board of Commissioners with proposed slow moving heavy trucks and the intersection would need improvements, including traffic signals; and
WHEREAS, Porter-LaPorte County Line Road is not an all weather road and has a posted ten ton weight limit between U.S. 20 and U.S 12; and
WHEREAS, the posted ten ton weight limit is due to the poor soil conditions; and
WHEREAS, the Porter-LaPorte County Line Road is currently constructed adequately for existing traffic,
NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED THAT:
1. The Porter County Board of Commissioners do not intend to lift the ten ton posted weight limit on Porter-LaPorte County Line Road; and
2. The Porter County Board of Commissioners do not intend to upgrade Porter-LaPorte County Line Road to an all weather road; and
BE IT FURTHER RESOLVED THAT:
The Porter County Board of Commissioners oppose the site of this waste transfer station.

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/Robert P. Harper
S/John A. Evans
S/Carole M. Knoblock

Attest:s/Sandra K. Vuko


Com. Evans moved to approve Resolution No. 05-04, Com. Knoblock seconded, motion carried.

Com. Harper, “Let’s make sure the Highway gets a copy of that.”

FORMULATION OF ANIMAL SHELTER COMMITTEE

Com. Harper, “Donna, do you mind coming forward? Let me give a little bit of background on this. Some of you may remember that at the first of the year I said I would like to see one of the goals to be is to maybe cut down on our kill rate at the shelter although we understand that we have an animal shelter and we can’t do that 100%. I think the Commissioners have done a lot in attempting to support the animal shelter and this year in the way of vehicles and some work on their buildings. John is the liaison to the board so he knows better than I do and they do a great job; a great part of their budget comes from fees they charge and from contracts they have with various cities and so forth so they go a long way to try and be a good part self sufficient. Donna Warner is on the board and I talked with Sandy and Sandy would be comfortable with Donna forming a committee to study some ways we can possibly limit the number of animals we have to kill and make people more aware of the shelter. We have a great amount of population moving in and out of the county. The Sheriff’s Department has that show and maybe we could do something like that and some advertising on cable. So we just want to form a committee to explore various ways we might work on that. I have asked Donna and she said she has the committee. I appreciate that.”

Com. Evans moved to approve the formulation of the new Animal Shelter committee and is encouraged to make sure everybody on the existing board gets the offer to help, Com. Knoblock seconded, motion carried.

Com. Evans, “I think Commissioner Harper said he would be willing to fund the new TV program.”

Com. Harper, “I funded the old one! Maybe Evans could also do that. Good luck and I hope you get some volunteers. The board meets on Wednesday night and I have Plan Commission on that night.”





COMMISSIONERS’ REPORT

Center District: Com. Harper

1. INDOT Claim Voucher 050205A for Project 9964042, Norfolk Southern, CR 325 East (Montdale Road) SE of Valparaiso, in the amount of $1,470.38. Norfolk Southern under ran this force account project. Recommend approval.

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

2. Union Minor Subdivision 0238-C-2 Road Agreement, located on the north side of Division Road between Lake County Line Road and CR 675 West. Offer to contribute $750.00/lot for a total of $750.00. Owner and subdivider is Diana Gurgon. Recommend approval.

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

3. The Highlands Subdivision Road Agreement located on the south side of CR 150 North west of CR 150 West. Offer to contribute $685.00/lot for a total of $16,440.00. Owner and subdivider is ASI , Steve Young. Recommend approval.

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


CORRESPONDENCE

Building Dept. monthly report for April 2005 is on file.
Emergency Management monthly report for February-April 2005 is on file.
Treasurer’s monthly report for April 2005 is on file.

Approval of lease with McShane’s for three copy machines

Com. Evans, “Are these the same people Data Processing is having trouble with?”

Com. Harper, “Yes.”

Ms. Hartig, “The Extension Office has their lease through McShanes already and they really like their copier and they wanted to keep it but the maintenance agreement was getting sky high. So, it is not going to cost us anything to return that machine because they are just going to take it back when they get the new one. They are also going to give us credit for the unused portion on the maintenance agreement that we have already paid for this year and basically for the type of machines they were giving us and the prices that we were quoted. They came in and they were the best deal.”

Com. Evans, “These funds are coming from CCD?”

Ms. Hartig, “Yes.”

Com. Evans, “The maintenance agreements are in each respective department’s budget?”

Ms. Hartig, “Right. The way it worked out since we have already paid the maintenance agreement on the machine this year, we won’t have to pay the maintenance agreements on any of the machines. They will start billing each of the departments next year in June.”

Com. Evans, “I am just concerned it might cause a problem with Data Processing by using the same company.”

Ms. Hartig, “I talked to Sharon the other day and she said they are bringing in new machines. They have tried everything with the machines they have and they are bringing in new machines for them. So, I think it is slowly but surely working itself out.”
Com. Evans moved to approve the lease agreement with McShanes for three copiers in the amount of $359.00 per month for 60 months for County Council, Center Township Assessor and Extension office, Com. Knoblock seconded, motion carried.


Approve Annual Report of Congressional Township, Common School and Permanent Endowment Funds for the year ending April 30, 2005.

Com. Evans moved to approve the annual report, Com. Knoblock seconded, motion carried.

Proclaim May 18, 2005 as “Operation Lifesaver Day” by Thomas Kinser

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

Approve Annual Operational Report for Local Roads and Streets by the Porter County Highway Department

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


Request for transfer of funds-Commissioners

Fund 01.30 $20,000.00 from acct 4210 buildings
Into acct 3950 contractual services

Independent contract for accounting services.

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

Fund 01.30 $25,000.00 From acct 1110 salaries
Into acct 1120 hourly

To pay part time through the end of 2005.

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

Fund 01.30 $3,000.00 from acct 3977 appraisers
Into acct 3976 co-prop assessed benefits

Fund 01.39 $5,425.99 from acct 3520 water & sewage
Into acct 3976 co-prop assessed benefits

To pay taxes on ditch assessments.

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


Request for additional appropriation—Highway

Com. Harper, “Is there anyone here for this? David James is here. Why don’t you come up front here? I am sure John has some questions.”

Com. Evans, “No, I have a comment. McCool Road looks great. You really did a good job on that. They have gained right away on the east side of McCool Road and for about the last month and a half, or two months, they have been adding roadway so it is going to be a really big traffic enhancement because the cars (inaudible.)”

Mr. James, “It was a sixteen foot road and now we are going to have a twenty foot road with shoulders and ditches, and drainage. Thanks to Rose, and Shustack and Frobergs we’ve gained a lot of property.”

Fund 02 $8,000.00 acct 3620 building and structures

New roof, fascia and soffit.

Com. Harper, “Where’s the new roof at?”

Mr. James, “On the Center District garage.”

Fund 02 $5,000.00 acct 3710 Equipment rental

Road sweeping machine.

Fund 02 $90,000.00 acct 4420 Motor vehicles

Purchase of new 1½ ton truck and ¾ pick up truck.

Fund 02 $2,500.00 acct 4540 other equipment

Purchase of transmission jack and diagnostic code reader.

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

Request for additional appropriation –Highway

Fund 26 $35,000.00 acct 3950.191 contractual
Acct 3950.291 contractual
Acct 3950.391 contractual

Road striping and pulverizing.

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


PLAN COMMISSION SESSION

Rezone I2 to I1- Porter County Development Corp. 1st Reading
John Magurean

Com. Harper, “Is this a public hearing?”

Mr. Magurean, “It is first reading but I was wondering of the possibility if the rules could be suspended and do the first and second reading tonight.”

Com. Harper, “No one from the Plan Commission is here tonight?”

Com. Evans, “We have to do the public hearing.”

Com. Harper, “All right, first we have to hold the public hearing in this matter. Is there anyone here to speak for or against this other than the petitioner? If no one is here, then we can close the public hearing. Why don’t you tell us a little bit about it.”

Mr. Magurean, “We are asking for, well, the present zoning is I2 and we are asking for it be rezoned to I1 which is more restrictive, of course, and I2 does not allow us to park in front of this building, and I1 does. We are moving our offices from downtown out there. It is across from Woodside Medical.”

Com. Evans, “We dealt with the road set backs and right of way.”

Mr. Magurean, “We are asking for the zoning to be changed to I2 from I1, Plan Commission heard it and the recommendation was 9-0 for it.”

Com. Evans, “And as I read the Plan Commission notes it was 9-0 but it was also a request to return to I1 zoning, that was the original parcel’s zoning.”

Mr. Magurean, “(inaudible) there is a master, major change in the rezoning (inaudible).”

Com. Evans, “Since there is nobody here to speak either way and the Plan Commission said 9-0, I would make a motion to pass this on first reading.”

Com. Evans moved to approve the rezone on first reading, Com. Knoblock seconded, motion carried.

Com. Evans moved to suspend the rules, Com. Knoblock seconded, motion carried.

Com. Evans moved to approve the rezone Plan Commission Resolution No. 05-Z-6, on second reading, Com. Knoblock seconded, motion carried.

With no further business, the meeting was recessed.

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


BOARD OF COMMISSIONERS
PORTER COUNTY INDIANA

Robert P. Harper
John A. Evans
Carole M. Knoblock

Attest: Sandra K. Vuko, Auditor