PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, JANUARY 17, 2006
6:00 p.m.


The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. in the Commissioners’ Chambers of the Administration Center.

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

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

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of January 17, 2006, Com. Harper seconded, motion carried.

APPROVAL OF CHANGE ORDER FOR VISITOR’S CENTER
Lorelei Weimer, Director

Com. Harper, “I understand there is just one, right?”

Ms. Weimer, “Yes. It is actually Number One, (inaudible)….. number two. Public ___ (inaudible)… other change orders. He thinks it sounds okay then it has to be before our board. (inaudible)…. The first change order it is one of those situations where originally we were told it was going to be eight inch tap on and we have to bring it down to six inches. And if you look at the total cost, it will increase the cost by $1,432.60. But it is 80/20 so our bureau will pay 20% of that fourteen hundred dollars.”

Com. Evans, “You are going down in size but it is going up in price?”

Ms. Weimer, “Yes. It is one of those situations of supply and demand and at this point (inaudible)……..”

Com. Evans moved to approve Change Order Number 2, Com. Harper seconded, motion carried.

AWARD BID FOR COUNTY HOME ASBESTOS ABATEMENT/DEMOLITION
Dave Schelling, Highway Engineer

Com. Harper, “Remember last meeting we opened the bids and announced them and I assume Dave is coming back with a recommendation.”

Mr. Schelling, “Yes. I am recommending the approval of Chem Check bid. They by far had the best bid and I checked their references and they were pretty glowing. I talked to Bill Phelps over in Michigan City, he had a contract with them several years ago. He said they even cleaned up after themselves each day, which really surprised him. I talked to Bonar Engineering and they had them do some work and it was kind of a complicated demolition and they said there were no problems. I would recommend them.”

Com. Evans moved to accept the bid of Chem Check in the amount of $220,000.00, an amount that is $170,000.00 less than the highest bidder, Com. Harper seconded, motion carried.

Com. Harper, “Should we decide where this is coming from at this time or not?”

Com. Evans, “It’s coming from the Building …..”

Ms. Hartig, “Property Disposal Fund.”

Atty. Rinkenberger, “Is that a contract from Chem Check you just gave him?”

Mr. Schelling, “It’s a bid document and I have it tabbed where the Commissioners will sign it.”

Atty. Rinkenberger, “Will they give us a separate contract like others?”

Mr. Schelling, “I thought this was. We are not going to issue the Notice to Proceed until we get the insurance document. There is some other paperwork that needs to be done.”

Atty. Rinkenberger, “I guess my question for DLZ would be, after we accepted the bid, we would get a contract to approve. That seems like normal procedure.”

Mr. Schelling, “Well, (inaudible)… the Commissioners accepted their bid and then they enter into a contract later, I would assume, I don’t know.”

Atty. Rinkenberger, “I would just like to know what we are signing and what it binds us to. It could bind us to say that their bid response is the contract or we might just say we are accepting them as low bidder subject to the contract. Do you see what I am saying? We might have a contract not included in the bid response, we don’t know.”

Mr. Schelling, “Or maybe it means we will accept their bid tonight . . . . .”

Atty. Rinkenberger, “Subject to contract negotiations. Right. And then if we find out that is the sum and substance of the contract, they could sign it. I think we should just approve the low bidder tonight.”

Com. Evans amended his motion to be based on the approval of the contract by the County Attorney, Com. Harper seconded, motion carried.

Mr. Schelling, “We’re mandated for federal bridge inspection, it has to be inspected every two years, and its kind of a two year cycle to be approved each time. Last time in the 2002-2004 bridge inspection, USI did it for us. (inaudible)…. $112,500.00 and Beam Longest and Neff gave me that contract late today for $113,370.00 which really isn’t that much considering that there was an original contract with USI for 2002. This is (inaudible)….. with federal funds. When we have those types of contracts, we don’t approve them at this time, we have to send them down state for INDOT to review them and the cost justifications. What I would like to do, we could have a letter signed to Bruno Vangian down at INDOT for him to start his review so that we can get the ball rolling for bridge inspections.”

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

Mr. Schelling, “Once INDOT makes their approval, I will submit the documents for the Commissioners’ approval. Thank you.”

CORRESPONDENCE

Treasurer’s monthly report for December 2005 is on file.
Annual Porter County Engineering Dept. Collections Report for 2005 is on file.
Porter County Highway Dept. Year End Report for 2005 is on file.

Approve Official Bond for Al Hoagland, Highway Supervisor

Com. Evans moved to approve the official bond for Al Hoagland, Highway Supervisor in the amount of $8,500.00, Com. Harper seconded, motion carried.

Approve recommendation to appoint Sue Ann Harris to the Library Board of Trustees

Com. Evans moved to appoint Sue Ann Harris to the Library Board of Trustees for a four year appointment, currently ending March 31, 2006, Com. Harper seconded, motion carried.

Request for transfer of funds—Commissioners

Fund 01.30 $599.98 from 3750 other rentals
Into 4440 furniture and fixtures over $100

To cover purchase of bookcases for Judge Alexa.

Com. Evans moved to approve, Com. Harper seconded, motion carried.
Additional appropriation to Fund 12.20 medical benefits from the general fund in the amount of $1,653,750.00 to cover the ____ distribution ______

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

Request to change Animal Control Ordinance to make the function, hiring and firing of the Animal Shelter Director the Commissioners’ functions

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


PLAN COMMISSION
Rezone I2 to I1, William Applegarth, owner, 1st reading
Robert Thompson, Plan Commission Director

Mr. Thompson, “This is Plan Commission Resolution 06-1, petitioner William G. Applegarth, requesting zoning amendment from I2, General Industry to I1, Light Industry. This was heard at the Plan Commission’s public hearing on December 14, 2005 and forwarded to the County Commissioners with a favorable recommendation by a 7-0 vote. General location for this on Sturdy Road, just south, between the two railroad tracks, just south of Comeford Road.”

Com. Harper, “And the recommendation was?”

Mr. Thompson, “Favorable recommendation of 7-0 vote.”

Com. Harper, “Why don’t we start off and let you make a statement on it then we will take public comment. And give your full name and address because we are recording this.”

Ralph Howes, “Thank you. My name is Ralph Howes, I am an attorney practicing in LaPorte, Indiana. My office address is 1003 Indiana Avenue, LaPorte. I appeared on December 14 before the Planning Commission, Mr. Harper sits on that commission. On behalf of my client, Dr. William Applegarth, who is here, Dr. Applegarth has an offer to purchase on the tract of land, constructing on 35 acres, most of which is not buildable. It does have some high ground in the south, or northwest corner that is suitable for a business intention to construct a medical building. He is a dermatologist and he’s got offices here in Valparaiso as well as in LaPorte. He’s been renting space for quite a few years and concluded it would be in his best interest and the best interest of his patients and some other physicians that would like to relocate their medical practices as well. To construct a new facility at this location, I do have some topographical maps if you are interested in seeing those. After the Plan Commission, it did pass their approval with a favorable recommendation to come before the Commissioners to adopt an ordinance to change the zoning map for Porter County. This is somewhat of an unusual situation, those zoning application or rezonings are from a lower intense use to a higher intense use and this one is the other way, primarily for reasons of developmental standards, a lot of requirements under your zoning ordinance and building plans that would frankly make a lot more sense for a medical clinic. One of the requirements under the existing zoning classifications (inaudible)… has to be behind the building, it would certainly make more sense for a medical clinic that the parking be in front of the building. Dr. Applegarth is here if anybody has any specific questions for him. We would ask for your consideration to adopt such an ordinance that would allow Dr. Applegarth to go ahead and purchase this property and then move on will all the next hurdles, building plans, state approval plans, and all those sorts of things.”

Com. Harper, “Didn’t we discuss some agreement not to damage the existing environmental features on property? Didn’t we do that?”

Mr. Thompson, “It was discussed rather lengthy at the Plan Commission but I believe the Plan Commission never formally requested written commitments to it.”

Com. Evans, “This states that the petitioner did agree not to damage the existing environment.”

Mr. Thompson, “They did agree at the public hearing of the Plan Commission that they would not damage it.”

Com. Harper, “Okay, we are going to have a public hearing and give the opportunity to anyone that is here that wants to speak for or against the petitioner. Once they have had the chance to do that, we are going to allow the petitioner a chance to respond to them and then we will probably ask for one more round of comments then we will close the public hearing. So if there is anyone here that wants to speak either for or against this please, we have these mics that are at the side and near the front. If you could stand near one of them, state your name and address and then your comments. Is there anyone here that wants to talk either for or against? If not, we will close the public hearing. That’s the question I have; are you still going to make that, it is my understanding you are not going to use the whole lot. A lot of this is wetlands, is that correct?”

Mr. Howes, “That is correct. We do have (inaudible)…….. You can see from that just a very small part of the acreage is frankly even subject to any sort of development. I’ve known Dr. Applegarth for a number of years, he is a very conservation minded individual.”

Com. Harper, “I know he is, we discussed it at the meeting. I wonder if we would approve this rezoning tonight subject to written commitments that you would work out with the Plan Commission for protection of those wetland areas?”

Dr. Applegarth, “My intentions are merely to build an office there and I couldn’t even begin to build anything on, you know, 30-something of the acres are 30 feet below the area which I plan to develop. I couldn’t do anything with it even if I wanted to. I would of course, support that in any way possible. I ___ into details but I, that concept I am fine with.”

Mr. Howes, “I don’t think there should be a problem working this out with the Plan Commission. It’s a beautiful area and I can’t imagine anyone would want to touch the wetland part of it with all of the other regulations that are in place with the Army Corp of Engineers and the Indiana Department of Natural Resources and all of the hurdles associated with trying to do anything with it, it would make no sense.”

Com. Evans, “This road was just recently changed and put into it more 45 degree type of intersection at this corner. Is that a plus or minus for your development?”

Dr. Applegarth, “I would say probably a plus. I don’t think it’s a big deal either way. The entrance, I perceive the entrance to the office is not going to be on the north, its going to be along the road, towards the north half of the property, but not on the property line. So I don’t think it is a big deal either way.”

Mr. Thompson, “I was going to say that you did change the road right of way just north of the rail road tracks. (Inaudible).”

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

Atty. Rinkenberger, “Did you want to include in that motion it is subject to written commitments?”

Com. Harper, “Are they going to have to come back one more time?”

Atty. Rinkenberger, “Not if they work them out.”

Com. Harper, “Do we have to do second reading?”

Atty. Rinkenberger, “No. If you have first reading subject to written commitments being presented next meeting…….”

Com. Evans, “I don’t think we need them. They have already agreed to what the concept is and the land is not going to be used for any other uses.”

Com. Harper, “Let me re-ask my question. Can we suspend the rules and get this through faster?”

Atty. Rinkenberger, “If you are not going to have written commitments.”

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

Com. Evans moved to approve on second reading, Com. Harper seconded, motion carried.

Dr. Applegarth, “Thank you.”

With no further business to discuss the meeting was recessed.

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

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA


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



Attest: Sandra K. Vuko, Auditor