PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, JULY 5, 2005
6:00 P.M.

The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, July 5, 2005, in the Commissioners’ Chambers of the Administration Center.

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

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

APPROVAL OF PAYROLL

Com. Knoblock moved to approve the payroll of June 27, 2005, Com. Evans seconded, motion carried.

APPROVAL OF MINUTES

Com. Knoblock moved to approve the minutes of June 7, 2005, Com. Evans seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims for July 5, 2005, Com. Knoblock seconded, motion carried.

BRIDGE INSPECTIONS,
David Schelling, Highway Engineer

Mr. Schelling, “The first item I have is an additional item on the agenda. Our 2002, 2004 bridge inspection is under the Inspection, but for some reason, four of our bridges are on a different sequence and they are due this month. So, I think in John’s folder is an agreement with the DSI Consulting extending our original agreement by $10,553.83. I was able to get approval earlier today from INDOT for an 80% match so it is only going to cost us $1,110.77. This is a single page that I presented. This is something that we are mandated to do and there is 80% reimbursement so I recommend that we enter into the agreement with DSI.”

Com. Harper, “Has the county attorney looked at this?”

Atty. Rinkenberger, “Yes this is just a one page supplement that sets forth the four bridges that are going to be affected and the cost of $10,553.83.”

Com. Harper, “Dave, are you asking that we sign this tonight?”

Mr. Schelling, “Yes. There are two copies that need to be signed.”

Com. Evans, “I think this is a pretty good deal.”

Mr. Schelling, “Yes, it is. INDOT did review the cost justifications and everything is in order with INDOT.”

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

AGREEMENT WITH DLZ FOR DESIGNING A BRIDGE

Mr. Schelling, “The next item I have is in the north district, its an agreement between the county and DLZ. DLZ was selected for designing a bridge, the ___ project on County Line Road. Bridge 1014. This is for $100,000.00 and that is about the cost I estimated at.”

Atty. Rinkenberger, “I reviewed this and it is boiler plate language and it has four different appendixes set forth on what the owner is responsible for and what the engineer is responsible for and the fees and the lump sum figures that add up to $200,000.00.”

Com. Evans, “Now there is a lot of interest in this bridge project; how many bidders were there?”

Mr. Schelling, “I think there were sixteen or seventeen.”

Com. Evans, “I think you came up with the best recommendation.”

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

BRIDGE 58, BAUM’S BRIDGE ROAD REQUEST TO INDOT

Mr. Schelling, “Several of my items in the agenda are kind of routine so if you don’t mind I will skip those unless you want me to go through them. The next item will be for Bridge 58, Baum’s Bridge Road. This is a request to INDOT for a Level 1 Design Exception that curves on the road both north and south sides of the bridge. Theoretically, it should be super elevated. If we super elevate those, we have to super elevate the bridge and if we do that we have to rebuild the bridge. (Inaudible)…… It is something that our consultant didn’t want us to have …. It’s a design exception request that goes to INDOT. I recommend approval on that.”

Com. Evans, “When was the last time that bridge was done?”

Mr. Schelling, “Probably mid ‘70’s, something like that, was the last major work.”

Com. Evans moved to accept the recommendation, Com. Knoblock seconded, motion carried.

CANADIAN NATIONAL RAILROAD (STATE RD. 2) REPAIR

Mr. Schelling, “The last thing I have is we talked to the track supervisor for Canadian National Railroad about State Road 2 near 300 North and he says this month now, and I think what I am going to do is talk to his supervisor and make sure it is this month.”

Com. Evans, “I would appreciate it if you would stay on top of it. We have been promised and promised.”

Com. Harper, “On Tower Road, you have three crossings, two of them have been repaired and the third one, the one furthest north.”

Mr. Schelling, “That’s a Rural American Crossing. Is that getting pretty rough?”

Com. Harper, “Yes. Maybe it is one of those you can get repaired.”

Mr. Schelling, “I will contact those people. I recently had a new contact person and I will see how good it really is.”

Com. Harper, “Do you have any other hot spots in the rail road crossings?”

Mr. Schelling, “400.”

Mr. Hoagland, (Inaudible).

Mr. Schelling, “I will see what I can do. Thank you very much.”
AIRPORT AUTHORITY APPOINTMENT

Com. Evans moved to re-appoint Paul Chael to the Airport Authority Board, Com. Knoblock seconded, motion carried.


ORDINANCE O5-11, AMENDMENT TO ORDINANCE 96-31, 2ND READING

Com. Harper, “This is the ordinance we had last meeting with Mr. Soliday, he was here for that first reading. We are here for second reading. Do we have an ordinance number?”

Ms. Hartig, “05-11.”

ORDINANCE NO. 05-11
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING PORTER COUNTY ANIMAL ORDINANCE
NO. 96-31 AND THE PORTER COUNTY ANIMAL CODE
CHAPTER 6.04 ANIMAL CONTROL CODE
________________________________________________________________________
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, Ordinance No. 96-31, Porter County Animal Control, has been placed in the Porter County Municipal Code in Chapter 6.04 Animal Control Code; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to amend Porter County Animal Ordinance No. 96-31 Section 10 and Chapter 6.04.100 of the Porter County Municipal Code.

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Ordinance No. 96-31 Section 10 and Chapter 6.04.100 is hereby amended in the Porter County Code through the changes as follows:

Section 10: Vicious Animals:
The following procedures shall be utilized when dealing with a vicious animal:
(a) No person shall own or keep any vicious animal.
(b) Upon receipt of a valid report of a vicious animal, the Director is authorized to enter upon any property where said animal is located, obtain possession of said animal, and impound said animal at the Porter County Animal Shelter, at the owner’s expense, until a decision regarding the final disposition of the animal has been made.
(c) As soon as is reasonably possible, the Director of the Porter County Animal Shelter shall investigate the facts and circumstances surrounding the allegation that said animal is vicious. A written report shall be prepared regarding the investigation and the determination of the Director.
(d) If the Director determines that the allegation of a vicious animal is not substantiated, the animal shall be released to its owner after compliance with all impoundment and release procedures.
(e) If the Director finds that the allegation of a vicious animal is substantiated, a copy of the Director’s report shall be mailed to the owner of the animal.
(f) The Director may refer the matter to the Porter County Court system for disposition.
(g) Until such time as a final disposition has been made of an animal which the Director believes to be vicious, the Director shall continue to impound and retain said animal at the Porter County Animal Shelter.
This Ordinance passed this 5th day of July, 2005.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
S/Robert P. Harper
S/John A. Evans
S/Carole M. Knoblock

Attest:s/Sandra K. Vuko, Auditor


Com. Evans moved to accept Ordinance No. 05-11 on second reading, Com. Knoblock seconded, motion carried.

VISITOR’S CENTER UPDATE
Lorelei Weimer, Porter County Convention, Recreation and Visitor Center Director

Com. Harper, “I understand we had some agreements with the attorney?”

Atty. Rinkenberger, “I sent her some examples of RFQ’s to use for the consultants and she’s got the notice and the RFQ’s that we used on the jail project in a form letter for the project. The RFQ language and notice are in the right form.”

Ms. Weimer, “What we have done at the Visitor’s Center it went to bid in May, they opened bids June 22. Those bids came in higher, they were over 5% of the engineer’s estimates from INDOT. So they already bid the project in June and we are going to open the new bids on July 20th. There are a couple of key agreements that we need to have by our (inaudible) ….. which you guys are serving as the LPA. And one of the agreements is for a construction engineer to absorb the construction as it is going on. It will be a full time person, they will have to not only be on site, but they will also have to complete the paperwork as prescribed by INDOT. What we are doing is to qualify for 80% of federal funds to cover the cost of this person, we have to go through a Request for Qualifications. So what we have done is I worked with the attorney and come up with the Notice and we also have the Request for Qualifications and we also have a cover letter from myself. One of the things we were asking the Commissioners is, that the requests be sent to our office, our board would actually open them, review them and then come before you with a recommendation. That would help save you some additional work that we would go ahead and take that on. The only other question I had was if the bids could be opened in any order ….(inaudible). So we have our notice then as properly stated as given.”

Com. Harper, “So really tonight what you are asking is if you could put out these Request for Qualifications? You will look them over and then come here and give us your recommendation. That is the only thing we have to vote on tonight, right?”

Ms. Weimer, “Exactly. That we are going to proceed with the notice for qualifications and that you are giving us the approval of the board from the PCCRVC.”

Com. Evans moved to approve the RFQ calendar as outlined, Com. Knoblock seconded, motion carried.

Ms. Weimer, “I have the Request for Qualifications if you would like to sign that and that and the cover letter would go out with my name.”

OFFICE HOLDERS/DEPARTMENT HEADS

Simplex Grinnell Contract
Ken Perkins, Director of Juvenile Detention Center

Com. Harper, “Have you given this contract to our attorney already?”

Mr. Perkins, “Yes.”

Atty. Rinkenberger, “Its just a basic contract that costs $388.00 to have this company to come out and test. It is a company that comes and performs bi-annual tests.”

Com. Harper, “It comes out of the Juvenile Detention Center budget, correct?”

Atty. Rinkenberger, “That’s the question, who is going to pay for it. It hasn’t come up for twelve years, I really didn’t know.”

Mr. Perkins, “Yes, it was the first time it came up and we weren’t prepared for it.”

Com. Harper, “It’s going to have to come out of the Juvenile Detention Center.”

Atty. Rinkenberger, “The only other option is they do have the Building Corporation. I don’t know if it would be an appropriate expenditure for that.”

Com. Harper, “Here’s what I think we should do. I think we should approve this based on the fact that it is coming out of our budget and if there is anything any different he will have to come back. The Commissioners don’t have a line item for this, I think we have to watch these contracts. Does anyone have any thoughts on this?”

Atty. Rinkenberger, “Do you have money in your budget for $388.00?”

Mr. Perkins, “I am not sure.”

Com. Harper, “Why don’t we approve it based on the fact that it is coming out of your budget and if there is some reason it isn’t, then we will put it back on the agenda.”

Atty. Rinkenberger, “Is there a safety issue? Is this something that is time sensitive.”

Mr. Perkins, “No. Its mandatory that it is checked once every twelve years and we’ve got some time to play with. We are not at the twelve year yet. I also wanted to advise you that I just found out this weekend there is a repair on the roof where there was a leak. I don’t have it in written bid yet but it looks like its going to be in the neighborhood of $3,000.00. When I get something in writing I will send that to you and I will send that to the Building Corp, too, I don’t know where that will fall under but so that you are advised.”

Com. Harper, “It sounds to me that this might come under ………”

Atty. Rinkenberger, “It depends on how this is set up. If it is set up with a financing mechanism then basically once the monitor issue and the payments are being made, the building corp. doesn’t do a lot. Its possible because it seems to me that we had sent items for the building corp. to approve on expenditures for the building.”

Mr. Perkins, “We have. The whole thing will be whether or not they have money to work with right now. Or something (inaudible)….. not having talked with them yet.”

Com. Evans moved to approve the contract based on payment from Juvenile Detention, Com. Knoblock seconded, motion carried.

Quotes for Plows, trailer and slide in dump
Ed Melendez, Parks Superintendent

Mr. Melendez, “Good evening. We came up with a break down to go along with your information you have there. We want to thank you for the trucks, they did arrive, the crews are so careful with them, I don’t think they want to put any road miles on them so they will last. Along with what we asked for was we felt that we are looking at trying to do some attachments, especially during the off season; such as tailgate spreader for salt, a nine foot ….. to go on the one ton truck and an eight foot plow. The insert I would like to remove at this point in time because we had come across some other ones that were aluminum as well as stainless steel so at this time, we did not want to go with that. The other one is a car hauler which involves two of our riders that are larger than normal trailers. We only have two ten foot trailers so we cannot get two riders if we are going to mow South County or Cal Trail. Right now we are using someone’s personal trailer to haul our equipment with.”

Com. Harper, “Why is this in front of us?”

Mr. Melendez, “We want to do it as the auction deal and with a little bit of help with saving a little out of that $100,000.00 it gives us something to build these units to last.”

Com. Harper, “This is part of the money of the CCD?”
Mr. Melendez, “Yes.”

Com. Knoblock, “Did you put bids out?”

Mr. Melendez, “Yes we did. We got three quotes. A lot of them did not bid. We tried to stay as local as possible. We figured on the nine footer, there were some areas that we would talk to you folks later on because I think during the off season with some of the units’ availability there are smaller ones that take of it, we had an option that it does (inaudible).”

Com. Harper, “What are recommending?”

Mr. Melendez, “We are recommending on the tail gate spreader, Riggs at $1,679.94; the deep plow at $4,052.80 and the eight foot plow without trailer at $3,317.50 and then the car hauler with Riggs at $2,140.00”

Com. Harper, “All this total will come in under that $100,000.00 we set aside?”

Mr. Melendez, “That’s true.”

Com. Evans moved to accept the recommendations, Com. Knoblock seconded, motion carried.

Bid opening for trucks
Al Hoagland, Highway Superintendent

Com. Harper, “Now are we going to open the bids tonight?”

Mr. Hoagland, “We will have a recommendation at the next Commissioners’ meeting.”

(The following bids were opened and read by Commissioner Harper)

1. Great Lakes Peterbilt, for two 2006 GMC Model 5500 4 by 2 dump trucks:

$143,466.00. The unit price is $71,733.00.

2. Standard Truck Center for two GMS 5500 $68,500.00 each or $137,000.00 for two of them.

Com. Harper, “That’s it.”


COMMISSIONERS’ REPORTS


Center District: Com. Harper

1. Archer Industrial Park Road Agreement, located on the east side of CR 400 East between CR 300 North and SR 2. Offer to contribute $800.00/lot for a total of $5,600.00. Owners and subdividers are Sean and Dina Byvoets. Recommend approval.

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

2. O’Shea Acres Subdivision Road Agreement, located on the west side of CR 450 East between SR 2 and CR 500 North. Offer to contribute $750.00/lot for a total of $1,500.00. Owner and subdivider is Courtney M. O’Shea. Recommend approval.

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

South District: Com. Knoblock

1. Grande Prairie, Phase I, Performance Letter of Credit #05-11from German American Bank in the amount of $642,000.00. Expiration date is July 7, 2007. Owner and subdivider is Bucher Development, LLC. Recommend approval.

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

2. CR 100 South Project Letter for the design file for a level II exception for the mailbox approach detail. This just shortens up the mailbox approach and taper. It is a minor detail. Recommend approval.

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

CORRESPONDENCE

Clerk’s monthly report for May 2005 is on file.
Weights and Measures monthly report for June 2005 is on file.
Weights and Measures annual report for June 2004 to June 2005 is on file.

Approval of contract for Bovine Brucellosis and Tuberculosis eradication

Com. Evans moved to approve the contract with Indiana State Board of Animal Health and the Board of Commissioners for Bovine Brucellosis and Tuberculosis eradication programs in Porter County, Com. Knoblock seconded, motion carried.

Request for Transfer of Funds-Commissioners

Fund 01.30 $153.85 from acct 3750 other rentals
Into acct 4440 furniture/fixtures over $100

To cover the cost of a three drawer copy desk for County Council office.

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

Request for Transfer of Funds—ITS

fund 01.50 $3,300.00 from acct 3310 Printing other than office supplies
into acct maintenance agreements

To cover shortfall due to extended warranty for county wireless equipment. This is necessary to cover the renewal of virus, spy ware and spam protection.

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

Request for Transfer of Funds-ITS

Fund 01.50 $500.00 from acct 3310 Printing other than office supplies
Into acct 4440 furniture & fixtures over $100

To cover purchase of data safe to keep backup tapes in to avoid daily trips offsite for backup storage.

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

STORAGE OF ELECTION EQUIPMENT
Patrick Lyp, Porter County Election Board
Greg Chrustowski, Porter County Election Board

Mr. Lyp, “Unfortunately Dale could not be here tonight. We are here is as you are aware, the County Board purchased new election equipment. The issue now is the storage of that equipment. About a month ago they had demonstrations of different pieces of equipment and what we purchased is like a small trash can more or less with the actual counter on top. 140 of these relatively small, obviously together it is a sizeable amount of equipment, and we are looking for an actual location to store these. The secondary issue is with this equipment we need to charge it, simply putting it into a closet or putting it into a storage facility is obviously not efficient. I was speaking to Dale and J.J. Stankowitz, a member of the board, and we came out with the possibility of having all this equipment stored in the third floor conference room. We wouldn’t need the hallway as you walk into it, but I guess it would be the back area where you have the tables and a little stand. I am not sure how that is used right now. Speaking with Dale, J.J., Greg and myself, it would appear to be the most logical location, it’s a secure area, it’s a place where it is not offside of the facilities here, and so it would work in terms of minimal requirements for additional expenditures. We need additional outlets twice a year so we can charge the (inaudible)….. Greg here prepared for your additional review a kind of an overview of how they will be stored in those locations.”

Com. Harper, “This is just the first shipment you’ve done here of 140, right?”

Mr. Lyp, “Right. These are 140 of the M100’s, these are the boxes ……”

Com. Harper, “When we went through this contract, we also have to purchase handicap . . . . “

Mr. Lyp, “Right, that will go in the basement right now where all those ballot boxes are currently held.”

Com. Harper, “Are you sure about that?”

Mr. Lyp, “Yes.”

Com. Harper, “So that is not the problem, this is the problem. That handicap box, what does that consist of?”

Mr. Lyp, “I can pass out a picture. It essentially looks like a computer screen. There is some minor attachments to that that allows the handicap voter to. . .”

Com Harper, “Is this the whole piece of equipment in this picture?’

Mr. Lyp, “Yes, now those are easier to store because those are stackable.”

Com. Harper, “Why aren’t these stackable?”

Mr. Chrustowski, “They are stackable but you want to have access to them because prior to an election they need to be programmed by the company that is supplying them with all the information for that particular election. Then they have to charged and they have to be accessible for that. Then they have to be accessible for the public test prior to the election.”

Com. Harper, “So are you talking about two weeks to do that?”

Mr. Lyp, “I don’t know for sure.”

Com. Harper, “First of all, the county clerk came and talked to me about this last week and said that these machines are going to be ________; and we did an inventory of available spaces and that space upstairs is the only other meeting space we have. Many nights there are two meetings going on in this building that are actually county meetings or something involving county government. So my personal opinion is that space is not available. Space is going to be a problem in the future. There is a space downstairs which I think I counted off as 26 by 26, roughly, I just stepped it off. We are working right now to clear it out and make it available for the immediate problem of those things being delivered and needing to be stored. Then we will have several months. Is that 26 by 26 going to be enough room if the other two Commissioners agree, in the PCADOS classroom down there. Is that going to be adequate? Will they fit in a room that size? I assume some trucks are going to show up with them.”

Mr. Chrustowski, “Each unit has a footprint of about two foot square at minimum. So 26 by 26 is what 13 times 13? Is that right? So it would take up almost the whole floor space.”

Com. Harper, “I understand that. We are talking about someway to get them locked up in a safe place until we decide what we are going to do here.”

Mr. Chrustowski, “As long as it is not damp because these are computers and . ..”

Com. Harper, “It is a class room, I don’t think it is damp. It’s a classroom in this building and people use it for PCADOS, they only use it one night a week. We’ve already talked to them. They can use the meeting room upstairs. So, if that meets with everybody’s approval and if you can do it next week, and we come up with a plan for what we are going to do about the space.”

Mr. Lyp, “If that is our only option, that’s fine. We certainly are looking down the line and how we are going to charge these things.”

Com. Harper, “There is also another room down there that Probation is using, there are several offices in there. There is also a possibility of one of those offices being used. The one with all the computers, that is just a small office like 10 by 10 or 12 by 12 or something like that, but in case we have an overflow. We have two places that can be secured where we put those things.”

Com. Knoblock, “Do they have to be up off the floor?”

Mr. Lyp, “They can be on the floor. They can be stacked. The issue, though, is on top of each of container, you have the actual scanner and that cannot be stacked. In other words, we possibly could have multiple containers stacked but when we are getting ready for an election we need to have them all laid out with the computer part on top of it so each one can be charged and certified for the election.”

Mr. Chrustowski, “You don’t want to keep continually stacking them and unstacking them to charge them and to test them, that kind of thing.”

Com. Harper, “What about the temperature has to be regulated?”

Mr. Chrustowski, “They have to be climate controlled because they are computers basically so that is why I say you don’t want it damp or extreme temperatures either.”

Com. Harper, “If these things are coming next week, I suggest you get in there tomorrow and take a look at that room to see what you think about it.”

Atty. Rinkenberger, “Data Processing is down in the basement.”

Com. Harper, “I don’t think it is a problem, I am just throwing it out. Does that meet with everybody’s approval? To leave it in that room until we figure out what happens next?”

Com. Evans, “I agree we have to do something and I think we need to be looking for a solution to this long term and I don’t think this building was designed for storage of this magnitude. We need to probably be looking for someplace else.”

Mr. Lyp, “And another issue was cost. We certainly don’t want to put it somewhere where it isn’t owned by the county. Insurance as well. In the past the equipment has been stored here, it is a secure location and we are comfortable with it being here. If it can’t be here, then it can’t.”

Com. Harper, “What about insurance on this? We will need insurance on these machines.”

Atty. Rinkenberger, “We are going to have to contact Anton Insurance on this. Our insurance won’t automatically cover this I don’t think.”

Com. Harper, “And they are supposed to come this week?”

Mr. Lyp, “Sometime this week, we don’t know exactly when.”

Com. Harper, “What about the drivers of the truck that are delivering, what are they going to do and how much unloading are they going to do and how much notice?”

Mr. Chrustowski, “We are going to get notice and I am going to help unload them and Jane Pecor is going to get people to unload them and I think Dale may have somebody.”

Com. Harper, “Let us know, because we have security here that we will have to deal with.”

Com. Evans, “Is the space empty down there?”

Com. Harper, “I just started working on this and I think Friday is when PCADOS called and said they would start working on it to get it cleared out. So I think it is going to be empty, but it is not as we sit here today. I think we have a short term solution to a long term problem.”

Mr. Lyp, “We appreciate your help.”

Com. Harper, “As John said, this building is not made for storage and just like now we have Probation has all of a sudden become a large tenant over here.”

Mr. Lyp, “We will get back to the Commissioners as to the date of delivery in a day or two. We will also let you know if there are any problems with that location. We appreciate it.”

REMOVAL OF SOCIAL SECURITY NUMBERS ON PAY STUBS
Sandy Vuko, Auditor

Com. Harper, “I put this on the agenda at the request of the president of the Council to just show, and I think in our court filings, all we are showing now is the last four numbers of the social security. They would like to see this and I would at least like to discuss how we could do that.”

Ms. Vuko, “I have no problem with it whatsoever. We can either eliminate them all together or we can go with the last four digits. But in going with those four digits, we will have to have a program change with RDS and that is going to cost money.”

Com. Harper, “What kind of money?”

Ms. Lippens, “The estimate we got in August of last year was $450.00. I have not requested it since then.”

Ms. Vuko, “I don’t know what it would be this year.”

Com. Evans, “To eliminate them all together is free?”

Ms. Lippens, “To eliminate them all together is free. All we do is get to the last four digits. . . .”

Com. Evans, “I like free.”

Com. Harper, “What is the disadvantage of eliminating them all together?”

Ms. Vuko, “The majority of the stubs do have like four last digits. I don’t know.”

Com. Harper, “Is there any disadvantage to eliminating them all together?”

Ms. Vuko, “Not on our end.”

Ms. Lippens, “Two employees with the same name and in the same department but the address is on there.”

Ms. Vuko, “Right, the address is on there, the bank information is on there. And their employee code.”

Com. Knoblock moved to remove the social security numbers from the paychecks, Com. Evans seconded, motion carried.

Ms. Vuko, “We can do that immediately.”

NORTH COUNTY HEATING AND AIR CONDITIONING PROBLEM

Com. Harper, “We have had a continuing problem with heating and air conditioning. We’ve had Johnson Controls look at them on more than one occasion. It is going to cost somewhere between $300,000 and $400,000 to repair that problem. We have people out there that are working some days like in an oven in conditions people shouldn’t be working in. I think we need to address that. What I would like to do is the County Attorney talked to Johnson Controls a little bit today, their main guy is out of town, about some of the things we need to do. We are going to have an engineering study and what I would like to do today is have the permission of the Commissioners to go to the Council and get on the Council agenda to ask them to appropriate $400,000.00 of our unappropriated EDIT money to fix that building problem because we have been fixing buildings right and left and we’ve done a lot this year. We have also used most of our funds we had available for that. Maybe Gwenn, you could tell us a little bit of what you gained from your discussion with Johnson Controls.”

Atty. Rinkenberger, “It looks like if we proceed the way they would like to and I think is sounds reasonable, they would perform project management duties and we would enter a contract agreement with them called a PDA, Project Development Agreement. They then would do RFQ’s I believe to try and get a design company to come in and design the air conditioning and heating system over there. Then we would break out the equipment, they would get bids or proposals, three for each set of equipment that would be needed. They also deal with subcontractors to provide services to install so they would get bids for subcontractors. Then they would come back to us with a package of a design system with the best price equipment, the best price subcontractors and proceed from there. The first step is we need to get this PDA approved and that will set forth the requirements for the job and they are hoping to have that for us July 19th. So we would have some idea before you go to the Council.”

Com. Harper, “When is the next Council meeting? The 26th?”

Atty. Rinkenberger, “So Rick will be back from vacation to make it to our next meeting with some form of agreement that will give us some parameters of the project.”

Com. Evans, “That building, of course as you know was built in the ‘70’s and its not that it has been neglected, it is just that technology has changed and a compressor that sat on the roof that weighed 4 tons will now sit on the side of the building and weigh about 500 pounds. It just has to be redesigned to make the new technology work in the building. It’s not inexpensive, its something that has to be done. You are right, we can’t make people work in that and people that come there to use that facility participate in 95 degrees. I think we should pursue it.”

Com. Harper, “Also, its not that we haven’t tried to keep it well into repairs, because they are up there all the time. Repairs aren’t going to get it anymore.”

Com. Evans, “That’s the problem, some of the parts for the boiler they can’t even get anymore for the boilers and what have you. Its just old technology that’s kind of deteriorated and needs to be replaced. In that note too, I have spoke with a few members of the Council and I think we have a consensus there.”

Com. Evans moved to pursue the PDA with Johnson Controls and to take their recommendation and move as quickly as possible on the repairs and going to the Council to ask for $400,000.00 EDIT money, Com. Knoblock seconded, motion carried.

Com. Harper, “Any other business before the Commissioners? We are going to have a Plan Commission issue tonight. I really don’t think it is going to last that long but I would like to take a short break before we start into it. We will take a five minute break.”

HOSPITAL BOARD ORDINANCE DISCUSSION

Com. Harper, “Before we start the Plan Commission, as everyone has read in the paper, the Hospital Board have given the Commissioners an ordinance that they asked to be passed. We have given that to our attorney and asked her to check out any pending litigation and any legality of that and report back to us and once that happens, we’ll put that on the agenda. Is that agreeable? So that is where we are at there. The first thing on the agenda is second reading is Brad Birky from AG to RR. Is there anyone here on this tonight?”

PLAN COMMISSION SESSION
Rezone, AG to RR, Brad Birky, Owner, 2nd reading

Mr. Thompson, “This is Plan Commission Resolution 05-9, petitioner Brad Birky, requesting Agricultural and open space zoning amendment to RR, Rural Residential. This was approved at first reading with written commitments. The written commitment was to forward the fact of being able to maintain a ditch that is located along the eastern property line of this zoned property. The written commitment was drafted by the Plan Commission staff following our attorney’s format and I did show it to Mrs. Birky prior to the meeting. She has agreed to it and we’ll take it back to Mrs. Beeg, who is the owner of the parcel for signatures and notary.”

Com. Harper, “If we wanted to dispose of this matter tonight, exactly how should we do it?”

Atty. Rinkenberger, “Motion to approve on second reading with approval of attached written commitments.”

Com. Evans moved to approve the rezone from AG to RR on second reading with attached written commitments, Com. Knoblock seconded, motion carried.

Atty. Rinkenberger, “Now Bob, you have an actual ordinance?”

Mr. Thompson, “Right. There is an ordinance, I took it back and asked Pat who takes care of our Plan Commission stuff to actually do an ordinance which has the written commitments attached hereto and incorporated herein by reference to the actual ordinance. As soon as I get the signed and notarized copies from Mrs. Beeg back I will get everything down to Melissa.”



Rezone, AG to R1, Mark and Kelly Holder, 1st reading

Com. Harper, “The second thing on our agenda is the Mark and Kelly Holder request to amend AG to R1, Single Family Residence. This is a public hearing and I will open the public hearing now. Is there anyone here to speak for or against this? No one being here I will close the public portion of the hearing. Bob, what is your recommendation?”

Mr. Thompson, “Mrs. Holder has called and talked to me about this. Originally the petition was for an R1 in front of the Plan Commission. The Plan Commission did send down an unfavorable recommendation for R1. Speaking with Mrs. Holder I told her to possibly come in front of the Commissioners and request an RR. It is a little more strict with this and be prepared for possible written commitments; it could come up if the Commissioner so desire.”

Com. Harper, “Do you have recommendations if we would pass this for an RR? It is my understanding this is about 14 acre parcels, is that correct? And the request that they really want to do is split up four lots and one of them already has an existing home on it. So it would be three other possible lots to go on, is that correct? But you haven’t really made a plan for that yet, you haven’t laid it out or anything.”

Atty. Rinkenberger, “Could I suggest you re-open the public hearing and let the petitioner make a presentation to us and tell us and then that would be the part of the public hearing where someone is speaking for it and then you can close it back up.”

Com. Harper, “Okay, the public hearing is now open.”

Mrs. Holder, “My name is Kelly Holder, and this is my husband Mark. We have about fourteen and a half acres in Morgan Township and we currently have our house on one of the four lots that we’re requesting, each lot is a little over four acres. We’ve had the engineers draw up the drawings so that you can see ___ and also an area (inaudible due to papers being held over the microphone). We are requesting the rezoning, there was probably some misunderstanding or miscommunication. We want to go from AG to RR, forgive me I am not in the planning mode, I am in health care so I really don’t know what any of that means but we need to move from AG to RR rather than AG to R1, so we are asking that our application be reconsidered.”

Com. Evans, “What is it right now?”

Mrs. Holder, “Ours is on the front.”

Com. Evans, “You are not going to put any more driveways on 450?”

Mr. Holder, “No. (inaudible).

Com. Evans, “What was the Plan Commission objection to R1?”

Mr. Thompson, “R1 we felt was out of place mainly, R1 is in my opinion is more of a zoning district classification that would be closer to the cities and towns. This is definitely a rural setting.”

Com. Evans, “The property is more than adequate for RR? Size wise?”

Mr. Thompson, “Yes.”

Com. Evans, “What other could you ask than RR?”

Mr. Thompson, “RR incorporates that plan so that it shows four lots with one existing home, three additional building lots. The Holders have mentioned there is a very nice tree line along the eastern parcel line which is also 450 East. That is being maintained and kept within the open space ordinance so that way it is preserved. Also, it is heavily wooded to the south of them. There is another parcel on there and I don’t think it would take effect on this parcel. The other item is I though along the north side of the parcel line there is a thin tree line good enough to create a buffer between the agricultural that is there now and their lots and I would like to see AG incorporated and maintained and if not possibly enhanced. So that way you could buffer this area. I think this situation is they got caught, they were originally planning this when we had a minor subdivision ordinance in place and they had some delays as presented to the Plan Commission and they got caught in there and the ordinance was repealed. There is a minor subdivision that was done to the south of there. My main thing is to keep a rural character in that sense and buffer the areas just to maintain and preserve the tree lines that are on the property lines.”

Com. Evans, “Do you guys have any problem with anything he has suggested?”

Mr. Holder, “No, we intended to put that green space up front to maintain that front tree line. As far as the north side tree line, obviously in the fall and winter it thins up but it is a pretty thick line now. You could always throw some Pines in there.”

Mr. Thompson, “I have one other recommendation. This is the plat that is shown the number of drive cuts as shown on the plan with one existing to their house if they maintain that and the new proposed one will service the three lots. On the existing plan you are showing where there is a forty foot easement going back for servicing of the three lots, then you just maintain that one and you also have your existing drive.”

Com. Harper, “So if we pass this on first reading will you work with them for the next meeting to get these written commitments in place?”

Mr. Thompson, “Yes, no problem.”

Com. Evans moved to approve the rezone on first reading from AG to RR based on written commitments being submitted at the next meeting, Com. Knoblock seconded, motion carried.

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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


Attest: Sandra K. Vuko, Auditor