PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, JUNE 20, 2006
5:45 P.M.

The regular meeting of the Porter County Board of Commissioners convened at 5:45 p.m. on Tuesday, June 20, 2006, in the Commissioners’ Chambers of the Administration Center.

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


RESOLUTION ESTABLISHING THE CUMULATIVE CAPITAL DEVELOPMENT FUND

Com. Harper, “This has been advertised in our CCD budget and we will do this first. Then secondly is our Commissioners meeting and then we have Plan Commission. So I am calling this meeting to order to first consider our CCD budget. Before we do that, please stand for the Pledge.”

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

Com. Harper, “I will start out by reading the resolution.”

Atty. Rinkenberger, “I don’t mean to interrupt, but in a public meeting we need to open a public hearing because under state law the Commissioners are required to have a public hearing in order to establish the CCD Fund and to have a public hearing every three years so this will be for the years 2007, 2008, and 2009. The county is required to publish a notice to taxpayers in two newspapers twice and those notice requirements have been met. In addition, the Commissioners have prepared Resolution No. 06-03 which sets out all the requirements for the fund and it sets the budget that follows the budget we submit to the County Council for how the CCD monies are expended. So, you open the public hearing and read the resolution and then ask for public comment.”

Com. Harper, “I will open the public hearing at this time and start off by reading the resolution of 06-03, a resolution establishing a Cumulative Capital Development Fund under IC 39-9-14.5 for Porter County, Indiana.”

RESOLUTION NO. 06-______
A RESOLUTION ESTABLISHING
CUMULATIVE CAPITAL DEVELOPMENT FUND
UNDER I.C. 36-9-14.5 ET.SEQ.
FOR PORTER COUNTY, INDIANA
________________________________________________________________________
BE IT RESOLVED by the Board of Commissioners of Porter County, Indiana, that a need now exists for the establishment of a Cumulative Capital Development Fund for the purposes set forth in I.C. 36-9-14-2, I.C.36-9-16-2 and I.C. 36-9-16-3.
BE IT FURTHER RESOLVED that this Board will adhere to the provisions of I.C. 36-9-14.5 et.seq. The proposed fund will not exceed $.07 on each $100.00 of assessed valuation. Said levy will be for a maximum of three years beginning with taxes payable in 2007.
BE IT FURTHER RESOLVED that the monies accumulated in the Cumulative Capital Development Fund will be appropriated by the Commissioners consistent with the plans set forth herein to wit:
1. Four Hundred Thousand Dollars ($400,000.00) of the fund annually to be applied to the roads and road right-of-ways pursuant to I.C. 36-9-16-3(1) and (2).
2. Two Hundred, Fifty Thousand Dollars ($250,000.00) of the fund annually to be applied to county police vehicle purchases pursuant to I.C. 36-9-16-3(8).
3. Two Hundred, Fifty Thousand Dollars ($250,000.00) of the fund annually to be applied to expenditures for the Information Technology and Services Department pursuant to I.C. 36-9-16-2(1).
4. Three Hundred, Twenty Thousand Dollars ($320,000.00) of the fund annually to be applied to maintenance, repair and renovation of county buildings pursuant to I.C. 36-9-16-2(1) and I.C. 36-9-14-2.

BE IT FURTHER RESOLVED that the figures set forth above are minimum amounts to be appropriated from the fund balance to the areas indicated. Additional funds may be appropriated by the Porter County Council in each of the areas designated upon request of such additional funding by the Porter County Board of Commissioners. If the amounts set forth in this Resolution exceed the fund balance, each category will receive a proportionate amount of the fund balance to the amounts delineated.
BE IT FURTHER RESOLVED that proofs of publication of the public hearing held on June 20, 2006, and a certified copy of this Resolution shall be submitted to the State Board of Tax Commissioners in the State of Indiana as provided by law. Said Cumulative Capital Development Fund is subject to the approval of the State Board of Tax Commissioners.

ALL OF WHICH IS PASSED AND ADOPTED by the following vote of said Board of Commissioners of Porter County, Indiana, this 20th day of June, 2006.

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

attest: s/Sandra K. Vuko, Auditor
Porter County Indiana

Com. Harper, “At this time is there any public comment on the CCD fund? Is there anyone that wants to speak on it? If not, at this time I will close the public hearing and ask to have a motion to approve this resolution.”

Com. Evans moved to approve Resolution 06-03 for the Cumulative Capital Development Fund, Com. Knoblock seconded, motion carried.

Com. Harper, “With that, I will close that section of the meeting and go straight into the Commissioners’ meeting.”

APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of May 16, 2006 and June 2, 2006, Com. Knoblock seconded, motion carried.

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of May 30, 2006 and June 12, 2006, Com. Knoblock seconded, motion carried.

GRANT OF EASEMENTS TO CITY OF VALPARAISO ON ROOSEVELT ROAD AND GRANT OF EASEMENT TO CITY OF PORTAGE ON WILLOWCREEK ROAD
Shelly Koltnow, Porter Hospital

Com. Harper, “The next three items on the agenda are, should we handle these three together or should we handle them separately? How should we do it?”

Atty. Rinkenberger, “We’ll ask the hospital. Do you want to do them separately or together?”

Shelly Koltnow, “I think we should these together and the sale separately.”

Com. Harper, “Why don’t we ask the representatives from the hospital that are here if you would like to come forward and have a seat at that table. We are recording everything so please give us your name and your position and we will start dealing with these.”

Shelly Koltnow, “Thank you, Commissioner. I am Shelly Koltnow, Vice President of Compliance and Internal Audit at the hospital and I am here to present, and actually there is someone from the city of Valparaiso here for the first easement. Requests for easements that have been made to the hospital from two cities where we have facilities; one in Valparaiso and one in Portage. The Valparaiso easement, Chuck MacIntyre is here for the city of Valparaiso in addition to myself, where Valpo is requesting the easement on Roosevelt Road. The legal description has been provided to you and the nature of the statute which governs the board of trustees powers at the hospital is silent on easements but this is a perpetual easement that is being requested for all utilities. It will run between the outpatient facility on Roosevelt Road in the ____ solely on Roosevelt Road. In exchange for $1.00 the hospital board of trustees has voted to approve the grant of easement subject to the proper documentation which I have discussed with the County Attorney prior to this hearing and the approval of the Commissioners.”

Com. Harper, “Any questions? Do I hear a motion?”

Com. Evans moved to grant the easements as requested, Com. Knoblock seconded,

Com. Harper, “Well, let’s do them separate, do the Valpo.”

Com. Evans moved to grant the easement to the city of Valparaiso on Roosevelt, Com. Knoblock seconded, motion carried.

Com. Evans moved to grant the easement to the city of Portage, Com. Knoblock seconded,

Ms. Koltnow, “Portage is actually two easements; it’s in concert with the widening of the Willowcreek Road project. There are two or three temporary right of ways and two permit easements. One is for water and one is for the lift station to pump water out of the new sewer drainage area that they are creating.”

Motion carried.

SALE OF VACANT LAND TO TOWN OF CHESTERTON ON DICKINSON ROAD
Steve Garitoni

Mr. Garitoni, “My name is Steve Garitoni, I am the president of the company called CSLC, LLC and I am proposing to build an assisted living residence on Porter Memorial grounds there in Chesterton and what I provided you is a packet to illustrate our background and history and a couple of the sights close to Chesterton to kind of give you a feel for what we have done in the past years.”

Com. Harper, “This is in city limits, correct?”

Mr. Garitoni, “Yes it is.”

Com. Harper, “What about the zoning, have you already got your zoning or are you going to have to do that?”

Mr. Garitoni, “Once we receive approval this evening, if we do receive approval this evening, then we will go forward with the zoning process and our studies. But I did not attend the town meeting that is held weekly and that was a favorable response. It looks like right now they are going to go through the PUD process.”
Com. Harper, “Do you want to tell us a little bit of how this came about?”

Ms. Koltnow, “Yes. Mr. Garitoni is a developer who is seeking to construct an assisted living facility on the property that is owned by the hospital in Chesterton. If you look at the plat map that is in the fairly thick packet that you have been given and you visualize the property as a long rectangle, it’s at the very bottom back of the long rectangle. It is a little over four acres. It was felt in discussion prior to presenting this to the board at their board meeting that this would be a very good use of the land. It’s a facility that is needed in Chesterton, it’s a facility that has helped over time so it’s compatible with the use of the land that it is currently ___. Mr. Garitoni has excellent references with his other facilities around the county and the state and have been well received and his relationship with other properties where’s he’s coordinating his location with the health care facility, have done very well. Both for the residents and the hospital itself. So, they felt at the board meeting this would be a good use of the land and would be following the statutory guidelines that includes this subject to your approval.”

Com. Harper, “Is there anyone here that wants to speak on this? Is there any questions?”

Com. Evans, “Do you plan on increasing the size, shape or scope of the Westchester Medical Center that is currently adjacent to this facility?”

Ms. Koltnow, “No. And if we did, there is a substantial amount of space around that facility still even with this small parcel being developed.”

Com. Evans, “Is this facility primarily geared toward Alzheimer’s type of patients?”

Mr. Garitoni, “It will be assisted living and Alzheimer’s.”

Com. Knoblock, “If this is in the town of Chesterton, why are we hearing it?”

Com. Harper, “Because we are approving the transfer of the land, not the zoning.”

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

DRUG FREE COMMUNITY FUNDS
Sharon Cawood, Director Porter County Substance Abuse Council
Barb Claypool, Case Manager Drug Court

Ms. Cawood, “Good evening, I am Sharon Cawood, Director of Porter County Substance Abuse Council. Just to refresh your memory, we get our money every year from drunk drivers only in Porter County. They are fined $200.00 by state law, we get 75% of that and 25% is sent to Indianapolis. We let the dollars accumulate in the Auditor’s office for one year and then we have different people in the community schools, police officers, and different treatment facilities and then we let Barb Claypool, who is the case manger of our new drug court explain how we are spending our money this year.”

Ms. Claypool, “This is divided up into three different sections; prevention and education, treatment and also justice. For the prevention and education we have awarded $45,682.60; for treatment we have awarded $45,581.16 and for justice we have awarded $55,541.95. Do you have any questions on how any of this was disbursed?”

Com. Evans, “How many total requests that you had?”

Ms. Claypool, “This was all of it. No other requests.”

Com. Evans, “So everybody that applied got something?”

Ms. Claypool, “Everybody got something. There was a lot more money, about $8,000.00 more this year because we have been sending the police officers out through our dollars and the state has given them Operation Pull Over from the ticket money so due to that the department collected another $8,000.00 this year which helped and everyone who asked for dollars got it.”

Com. Harper, “I am so glad that you gave the money to Alice’s and the Morraine House because they surely needed it.”

Ms. Claypool, “I am on the board of Alice’s, just been on it a few months and we do our own funding, there is no dollars coming from the county, from the state, so …”

Com. Harper, “What’s your budget, do you know what it is?”

Ms. Claypool, “About $120,000.00. So we were definitely thinking we wanted to help with scholarships which helps pay the rent for the women if they are not working and they have to work; but when they go into Alice’s, we have them coming out of jail, same thing with the men. So it usually takes a month to get a job and start getting paid and in that time Alice’s is providing a place to live, food, electricity, water, but we are not getting anything in.”

Com. Harper, “I think it is great you can do that on that budget because that is a really small budget.”

Ms. Claypool, “$100.00 per week for the women to pay and they can get help three times from family members or maybe from the trustee, if they get money from there, or food stamps if they are able to get food stamps. If Alice’s uses them then they can pay back to our rent. It is difficult but …”

Ms. Cawood, “Two of the women that are in drug court are in Alice’s right now. They pay their own way.”

Com. Evans, “Is there a window of opportunity for any other agencies to come to you for that $8,000.00 that is still remaining?”

Ms. Claypool, “No. What happens is during the year because every year for many years, we have given all our money away and people would come to us during the year saying we need another drug dog or Morraine House needs a computer, could you help us. Well, we had no more money. So I write grants to any and every place that I can think of for operating expenses for the rest of the year. So we can help PCADOS, Morraine House, or the police departments if there is an emergency during the year.”

Ms. Cawood, “One year we got over $3,000.00 from State Farm Insurance for operating expenses.”

Com. Evans moved to approve the budget for the year, Com. Knoblock seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS
Proclamation of retirement for Doris Stoltzfus
Connie Rudd, Health Dept.

Ms. Rudd, “Keith apologizes for not being here tonight. I am Connie Rudd, Director of Nursing from the Health Department. I would like to present Doris Stoltzfus. Doris has been an immunization nurse with us since March of 1982. And unfortunately is going to retire at the end of this month. She has immunized thousands probably of children at the Health Department and has always been there to pitch in and help when we have needed other things. But, she also was instrumental in recruiting me, which may not be a good thing, but I think it is. We think she is wonderful and we are going to miss her.”

Com. Harper, “So you want to read your resolution?”

Ms. Rudd, “I don’t have a copy of it.”
Com. Harper, “I am going to let you read it.”

Resolution #06-02
Porter County Board of Commissioners
Commending Doris G. Stoltzfus
For Her Years of Service to Porter County Government

Whereas, Doris Stoltzfus has shown her dedication to Porter County Government as a Public Health Nurse in the Porter County Health Department.

Whereas, Doris Stoltzfus has always provided courteous, attentive service to all persons requiring services or information of the Porter County Health Department; and

Whereas, Doris Stoltzfus has always exhibited the highest standard of professionalism when dealing with people from all walks of life; and

Whereas, Doris Stoltzfus will be missed greatly by many Porter County Government Employees, especially the staff of the Porter County Health Department; and

Whereas, Doris Stoltzfus not only takes with her a vast knowledge of County Government, but a fondly remembered friendship among her peers;

Now therefore be it and it is hereby resolved by the Porter County Board of Commissioners that Doris Stoltzfus should be and is hereby recognized for her dedicated years of loyal service to Porter County Government and specifically the Porter County Health Department.

All of which having been resolved by the Porter County Board of Commissioners this 20th day of June 2006.

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

Attest:s/ Sandra Vuko, Auditor
Ms. Rudd, “She has also trained I don’t know how many nurses and she has been a trusted one there for us for a long, long time and I thank her.”

Ms. Stoltzfus, “Thank you.”

Com. Evans moved to approve Resolution No. 06-02, Com. Knoblock seconded, motion carried.

Com. Harper, “I just want to say one thing. I think that people are becoming more and more aware of how important the Health Department is with all the threats we are faced with right now and the wonderful work you are doing down there right now.”

Ms. Rudd, “Thank you very much.”

Atty. Rinkenberger, “We can take that Resolution down to the Print Shop and have them put it on nice paper and put a border on it and then have it framed, you can frame it.”

Ms. Stoltzfus, “I just want to say I have enjoyed working for the county and the opportunity of serving the community.”

Com. Evans, “How many different health departments did you bring your needles to before they moved into this facility?”

Ms. Stoltzfus, “Actually, I never did.”

Com. Evans, “You didn’t work at the one on Calumet?”

Ms. Stoltzfus, “Yes, I did, but I came from Pennsylvania and I didn’t work for a health department there prior to this one.”

Com. Harper, “Thank you very much.”

Contract Approval for IBM/AS400 Maintenance
Sharon Lippens, ITS Director

Ms. Lippens, “I have a one year contract with IBM. Currently the county has an IBM/AS400 midrange computer that supports many applications throughout the county. And it was on a two year lease with a dollar buy, that lease will be up the end of August but the contract was originally signed in June. So the maintenance for the hardware and the maintenance for the software and updates and things end in June. There has not been any reason to upgrade or change machines as of the date so rather than spending extra money to upgrade the machine, I felt it would just be better off to just keep it and just have the maintenance done for it. So this is the contract for one year of cover maintenance and software maintenance.”

Com. Evans, “What’s the dollar amount?”

Ms. Lippens, “The dollar amount is $9,889.73.”

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

Ms. Lippens, “I also have the RFP’s for the upgrade of the south leg of our wireless. I believe we talked about it before and when Melissa and I spoke, I wasn’t sure if I had approval to release it or not, but I have the final specs drawn up.”

Com. Harper, “Have you included in discussing where the money was coming from when you did that? So, I would say we go ahead and release those, John. Do we need a motion on that? John, do you want to make a motion on that?”

Com. Evans moved to accept the RFP’s, Com. Knoblock seconded, motion carried.

Com. Harper, “Also I see that the video conferencing is getting down to its last leg and the jail is making that other room available for this, right? Okay.

Com. Evans, “I had a conversation with Judge Thode in his chambers about his video conferencing. He has some questions, could you speak with him about the way the monitor is going to be located?”

Ms. Lippens, “Yes, in fact this evening I spoke with the Portage Fire Department about meeting me out there. They had some concerns with the placement of the equipment due to fire codes so they are going to meet us out there to see where they want to place it is okay.”

Com. Evans, “Very good.”

Com. Harper, “Thank you, Sharon. Next we have John Thorstad, Expo Center management. We have several things from him.”

John Thorstad, Expo Manager

Approval of new rates for Expo Center

Com. Harper, “John, where are we going to start?”

Mr. Thorstad, “Start anywhere you’d like. Rental increases are very simple. Liz and I went over the rental structure that we have, I think it needs to be even more simplified than the state that it is in, but given some financial outlook we figured that there needed to be some restructuring. The overall cost that we have quoted for the rental of the hall is about a $25.00 increase, it’s not significant. We feel that this is a good step. The incidentals we re-structured, we actually lowered some prices but some we felt that we were basically giving it away, we couldn’t do that. I looked at a lot of different things that we do, gates for example. Gates are a tremendous amount of labor. We were charging $4.00 a gate if somebody wanted an area gated off, so we re-structured some of those things. We lowered some costs and kind of joined some things together that hopefully will simplify it for our customers who were finding it a little difficult to manage that end. I think long range I would like to see the whole thing re-structured to its most simplified form.”

Com. Harper, “John, let me ask you a question. What do you rent out the livestock buildings for?”

Mr. Thorstad, “We had a sheep show, I’m sorry, a llama show about two weeks ago. They used the show arena.”

Com. Harper “How much did you charge for that?”

Mr. Thorstad, “I believe the show arena is $250.00. We have the arena, we have the cattle barn, they all have different structures. The building costs went up about $25.00 and my idea at this point is to implement these as of August 1st for anybody that signs a contract as of that. We will honor the contracts through the end of the year and then for the people that have contracts for next year, then January 1st is when their price increase would go into effect.”

Com. Evans moved to approve the rate increases at the Expo Center, Com. Knoblock seconded, motion carried.

Purchase of new mower discussion

Com. Harper, “Where are we at with this?”

Mr. Thorstad, “I gave a list of bids at the last meeting. I would like to purchase a mower. I had called in the calvary so to say and asked Charlotte here at the Ad Building and Ed Melendez to help me out because we were running seriously behind and they both agreed. I think between Ed, Charlotte and myself we agreed our equipment is one of the major reasons why we got behind.”

Com. Harper, “I was looking through the rates here, it’s got two different ones, I see, there are prices for two different ones.”

Mr. Thorstad, “Yes. The one I prefer is I believe from H&P Sales. The county owns one mower out there and the Fair Board, the Ag Society, owns the larger mower. It’s got a mower deck; it is like using a rental car. You are afraid of going around a corner for hitting a tree. We have had some discussions with the Fair Board about the use of that mower.”

Com. Harper, “You are talking about getting a completely different type mower?”

Mr. Thorstad, “Yes. This is a zero turn, this would replace the 20 year old mower. It was the original mower that was at the facility when it was purchased.”

Com. Evans, “My problem is he prefers the highest priced one.”

Mr. Thorstad, “I think you get a discount though.”

Com. Evans, “Even with the discount, though, its still the highest price. I think if you are comparing that they are both zero turns, the first part is comparable, and then the decks are all same size.”

Mr. Thorstad, “Yes, I asked for the same size deck on all of them.”

Com. Harper, “Best price is the Hustler, right?”

Com. Evans, “Yes.”

Atty. Rinkenberger, “You didn’t like the Hustler?”

Mr. Thorstad, “No.”

Com. Evans, “Actually the one you liked is the lowest horsepower. The Hustler is a 30 hp and the Dixie is a 33 and the Bush Hog is a 36.”

Atty. Rinkenberger, “Are you getting a …? Are you going to be mowing it?”

Mr. Thorstad, “I am mowing, yes, with the mower.”

Com. Evans, “Why is your preference to them?”

Mr. Thorstad, “One of the big issues is service. We get tremendous service out of H&P. Mr. Steinhilber works there, he is on the Fair Board. He is a tremendous help. I’ve worked with some of these other groups in my other capacity at camp and don’t always get the same service.”

Com. Harper, “What do you have camp?”

Mr. Thorstad, “I have a Riggs mower. It’s an X-Mark which they still sell.”

Com. Harper, “You want a zero turn? It’s a lot faster, right?”

Mr. Thorstad, “Yes, the mow about 12 mph at top speed.”

Com. Evans, “Is it have a liquid cool or air cool?”

Mr. Thorstad, “I don’t have it in front of me, I am not sure. I think these are all liquid cool.”

Com. Evans, “The other two are air cooled but this one doesn’t say.”

Mr. Thorstad, “I would defer to you. I want a mower and don’t really care what it is. If I have to get the lowest price, I don’t have a problem with that.”

Com. Evans, “I want you to get one that you are going to be happy with and that is going to be serviced properly and I would like for you to see if H&P would match the price of the middle mower and take that.”

Mr. Thorstad, “I have no problem with Riggs. They have improved their service.”

Com. Evans, “And I would like to see the bigger horsepower, truthfully, because if you’ve got some uneven terrain to mow.”

Mr. Thorstad, “I have test drove those mowers, I’ve drove around on the carpet, they do all right.”

Atty. Rinkenberger, “Why don’t you recommend that they take the proposal by Riggs for the Hustler?”
Mr. Thorstad, “Yes, I recommend we take the proposal by Riggs for the Hustler.”

Com. Evans moved to approve the recommendation for the Hustler mower by Riggs, Com. Knoblock seconded, motion carried.

Open bids for heating & air, purchase of carpet and installation

Com. Harper, “John, I wanted to hear that beforehand. I put one of these in the basket, the top sheet here is the work that has been done so far on the landscaping. And John took Goetz out there and he had them price outside the fence and if you will look at this Part 2, it shows the areas inside the fence around these Expo buildings that I think should get the landscaping taken care of. I don’t think these trees have been pruned ever out there and it really didn’t look…I remember when the Fair was going on last year, some of these areas looked pretty ratty.”

Com. Evans, “Is the bidder in a position to be able to accomplish this all by Fair time?”

Mr. Thorstad, “Yes, it’s possible.”

Com. Harper, “If you look at the last page, it covers all that. I would like to see us, at least this year, considering letting them continue the maintenance on them, for the few months left of the summer. You know, we lost so many plants and stuff over the years when we didn’t do that.”

Com. Evans, “I think that is a healthy undertaking between now and Fair time and if it can be accomplished, I think it is probably money well spent.”

Com. Harper, “I do, too.”

Mr. Thorstad, “I give Mr. Goetz a lot of credit. He works hard at it, he is there seven days and I have known Roger for many years. He put a lot of effort into the landscaping that is there and it is absolutely beautiful. Fortunately we’ve got inmates out there doing work and they have kept it up quite well.”

Com. Harper, “Because all that new planting. That upkeep is going to last.”

Com. Evans, “I think if you put that kind of work into it, he ought to do the full maintenance and make sure it is going to stay.”

Com. Evans moved to approve the contract with Goetz Landscaping for the renovation as indicated and the maintenance for the said number that is indicated, Com. Knoblock seconded, motion carried.

Com. Harper, “John, why don’t you hold up and tell them the fund is based on (inaudible)…..”

Ms. Hartig, “Is this going to be out CEDIT building maintenance?”

Com. Harper, “Is that doable?”

Ms. Hartig, “That is where the last project came from.”

Atty. Rinkenberger, “Do we have money in there?”

Ms. Hartig, “Yes.”

Com. Evans, “Either CEDIT or building maintenance.”

Com. Harper, “So, where were we talking about?”

Atty. Rinkenberger, “What about the property disposal fund?”
Com. Evans, “Yes, that’s the fund.”

Com. Harper, “I think that is okay. Let me read this up right now. The next thing we have is the opening of these bids for the improvements on those buildings out there. We had originally said we were going to take that money out of property disposal fund. Because we had so many projects going on and we have buildings that need to be worked on, it is my thought that I have $175,000.00 CEDIT money for capital improvements in Center District. I am suggesting we use that money for these projects which should leave us with money left in the property disposal fund. Do you have any problems with that? Do you know what I am talking about, John?”

Com. Evans, “Yes, you have three years’ worth, or two years’ worth that is $150,000.00.”

Com. Harper, “Right, to at least apply to these projects.”

Atty. Rinkenberger, “As the years went up we increased the amount. The first year it was $75,000.00 for each district and each year that follows was $100,000.00.”

Com. Harper, “To be used for capital improvements and that is exactly what we are doing here. So that is what I would like to do and we are going to have to work with some of these other buildings.”

Com. Evans, “Year after year I have used mine for sidewalks in South Haven which is an ongoing thing and I need to re-evaluate that and if I can still proceed with some of that, I would like to donate the remainder to this project.”

Com. Knoblock, “I would like to do the same.”

Com. Harper, “Carole says she will do the same. All right. If that is agreed upon, then we are ready to open up bids as the last thing on the agenda.”

Ms. Hartig, “What about the money for the mower?”

Atty. Rinkenberger, “I think out of Bob’s CEDIT money, I am pretty sure.”

Com. Harper, “I think that is where….”

Atty. Rinkenberger, “Okay, take the mower out of property disposal and the improvements out of the CEDIT.”

Ms. Hartig, “So, take the landscaping out of CEDIT?”

Atty. Rinkenberger, “Yes, mower and landscaping is a capital improvement, we need to pay for all of them so …”

Com. Harper, “The mower and landscaping are coming out of property disposal and the CEDIT money, mine, Carole said she will donate hers and John said he’ll donate his, so out of our discretionary capital improvement fund we’ll take care of this.”

Com. Evans, “Property disposal should be a little better, too, because we used it to tear down the County Home and it was less than anticipated and that guy needs to be commended.”

Com. Harper, “Okay, we have three separate bids, is that it? So this is the air conditioning for…..”

Mr. Thorstad, “Expo East.”

Com. Harper, “How many bids do we have on this?”

Ms. Hartig, “I think there is two.”
Com. Evans, “How many units is it for?”

Mr. Thorstad, “It is pretty four 3 ton units outside to replace the hanging units inside.”

Com. Harper, “We’ll announce the name and the bid on this, is there anyone here that submitted bids? I guess there is no one here. Then you can take these back and look them over and make a recommendation to us next meeting. The first proposal for heating and air conditioning is from R&P Heating & Cooling of Valparaiso and it looks like the bid is for $30,000.00. They said they will get the job done in 30 days. The next one is from Thorn Heating & Cooling and it is for $48,000.00. The next one is for carpet installation. And that is for the main building, correct? We only have one bid?”

Ms. Hartig, “I believe we have three.”

Com. Harper, “This is from Capital Flooring of Valparaiso, Indiana. That is $15,560.00. Menard’s . . . .”

Mr. Thorstad, “I believe that is for just carpeting.”

Com. Harper, “Well, whatever it is it is for $53,856.00.”

Mr. Thorstad, “Yes, that is the carpet itself.”

Com. Harper, “Okay, so we have separate bids. One is for the installation and one is for the carpet.”

Mr. Thorstad, “Carpet and adhesive.”

Com. Harper, “Was there a bid in there, John?”

Com. Evans, “This is a lump sum bid.”

Com. Harper, “Yes. Then Ideal Floors and this is for installation again; removal and installation, $18,568.00. Is there any others? Then there is a bid from Ideal Floors on the carpet and they have, well, this is the adhesive. They have several ones here, they have 18 square yards of Mohawk Carpet at $33,300.00; adhesive on that one and $34,587.00. There is two other carpets, one bid is for $42,930.00 and one is for $51,010.00. Apparently they are not just bidding on the materials. This is from Capital Flooring in Valparaiso. This is for the adhesives and the certain type of woolmax style carpeting at $33,940.00, they have an alternate proposal in here for a different type of carpet including the adhesives at $21,653.00. Is there anything else that you bid on besides the carpet?”

Mr. Thorstad, “No, not at this point. We are going to do the storage area, we had to change that. We had a person come out to look at where we would like to put it and it had too many electric and gas lines underneath it. It is going to have to be re-thought, but still a needed project. I think we have an alternative which I will have to bring back to you.”

Com. Harper, “All right, you will take these, look them over and bring us back a recommendation next time.”

Mr. Thorstad, “I will, thank you. I just wanted to comment and thank the Sheriff publicly and the people at the jail for allowing me work released people to work. It has made quite a difference, they’ve been exceptional people. I think it is a project for Porter County that should be looked into to utilized the labor in the jail; they are some exceptional people and they’ve done some exceptional people at the Expo for me. Actually there are quite a few clients that have commented that they are very nice gentlemen and they work very hard.”

Com. Harper, “John, how many people do they give you for how many hours and how does that work?”

Mr. Thorstad, “Regularly, it’s been two people. For the past two weeks, I have had three people. They work regular hours, I pick them up every day in the morning, I take them back at the end of the day.”

Com. Evans, “You are in charge of their supervision?”

Mr. Thorstad, “Yes, the maintenance supervisor and I will supervise them.”

Com. Harper, “There is a lot of work out there to be done and good thing you have them helping you.”

Mr. Thorstad, “You don’t know how much I appreciate it.”

Com. Evans, “Just watch your comp time and don’t let it build up. Take it once in a while. I know there is a lot of hours involved.”

Mr. Thorstad, “Yes, I am working on that. I will be off some of the time in July leading up to the Fair so I am not in their way. Thank you.”

COMMISSIONERS REPORTS

All Districts:

1. LPA Claim Voucher#2 for Bridge Inspection, Phase 1 to pay the County $16,248.96. Recommend approval.

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

North District:

1. Bridge 1014, Calumet Road over CSX at CR 900 North is being designed for rehabilitation. The public is invited to review the plans and documentation that will help serve as the basis for the “No Historic Properties Affected” finding for the Categorical Exclusion. The plans and other documentation are in the County Engineer’s office at 1955 South SR2. The public can comment until July 7, 2006.

2. Stones Throw Subdivision Road Agreement, located on the north side of CR 700 North just east of CR 625 East, hereby offer to contribute $750.00/lot for a total of $30,750.00. Owner and subdivider is Jade Development II, LLC. Recommend approval.

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

Center District:

1. Shorewood Forest, Section 29, Performance Letter of Credit #MNB-2126 from Mercantile Bank in the amount of $385,400.00. New expiration date is June 2, 2007. Recommend approval.

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

South District:

1. Falling Waters Performance Letter of Credit #101-280 from First United Bank in the amount of $343,000.00. Expiration date is June 8, 2008. Recommend approval.

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

2. Grande Prairie, Phase 1, Performance Letter of Credit #05-11 from German American Bank in the amount of $83,500.00. New expiration date is July 1, 2007.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.

CORRESPONDENCE

Treasurer’s monthly report for May 2006 is on file.
Weights and Measures monthly report for May 2006 is on file.
Court Security Activity Report for May 2006 is on file.
Clerk’s monthly report for April 2006 is on file.

Request to close State Road 130 during Popcorn Festival on September 9, 2006

Com. Evans moved to approve the Hold Harmless Agreement to close State Road 130 and use CR 250 West as detour during Popcorn Festival on September 9, 2006, Com. Knoblock seconded, motion carried.

Request from Valparaiso Community Festivals and Events to use front steps and sidewalk of the Administration Center on September 9, 2006 for Popcorn Festival

Com. Harper, “They would also like to know what the county will be charging to park in the parking garage. Let’s take the first part first.”

Com. Evans moved to approve the use of the front steps and the sidewalks for the Popcorn Festival, Com. Knoblock seconded, motion carried.

Com. Harper, “I have no idea what the county will be charging for parking in the garage.”

Com. Evans, “It requires a guy out there all the time.”

Com. Harper, “Right.”

Com. Evans, “Chuck is usually out there from sun up to sun down and I think he has been charging the going rate the last couple of years.”

Ms. Hartig, “I think it was $3.00.”

Com. Harper, “Are they complaining about that?”

Ms. Hartig, “No.”

Com. Harper, “Three bucks?”

Atty. Rinkenberger, “Five.”

Com. Evans, “It’s a pretty prime spot.”

Com. Harper, “Go ahead and make a motion.”

Com. Evans moved to charge $4.00 per car,

Atty. Rinkenberger, “Then you have to count change. Why don’t you make it $4.25?”

Com. Evans, “We’ll go five if you want to go five.”

Com. Evans amended his motion to charge $5.00 per car, Com. Knoblock seconded, motion carried.

Approve appointment of Mary Bradford to Porter County Public Library System Board of Trustees

Com. Harper, “She has been a long time member of that board and has done an excellent service for them. Do I hear a motion?”

Com. Evans, “A lot of good things.”

Com. Knoblock moved to approve Mary Bradford to the Porter County Library System Board of Trustees with a term of July 1, 2006 to June 30, 2010, Com. Evans seconded, motion carried.

Permission by American Red Cross to use third floor conference room for blood drives for the following dates: July 7, 2006; September 8, 2006; January 5, 2007; March 2, 2007 and May 4, 2007

Com. Harper, “Have those dates been checked out by our regular meetings that we have?”

Ms. Hartig, “I can check with Debby.”

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

Request by Martha Seroczynski to use the Courthouse Square to protest the war in Iraq on Monday through Friday from 8:00 to 12:00 and from 5:00 to 7:00 pm for the next six months

Com. Harper, “Is Martha here? She is requesting to demonstrate from Monday through Friday between the hours of 8 to 12 and from 5 to 7 for the next six months.”

Com. Evans, “I believe that the hours need to be limited to a certain set hours and not just blanket, or whatever time is available for her to show up. We allow the Courthouse to be used for many different things, for the Farmer’s Markets and what have you all the time and to have someone who has the ability to interact all the time with that I think needs to have their times refined like everyone else is.”

Com. Harper, “Is there a group, Martha?”

Ms. Seroczynski, “No, sir, not yet, just me. Are you saying that I need to say like between the hours of between 10 and 12 Monday through Friday?”

Atty. Rinkenberger, “I think that the Board has the right to place reasonable time, place and manner restrictions on her right to object to the war. So, you guys can say yes, you can come but you can say 2 days a week for an hour or 4 days a week for 2 hours or 5 days a week for 8 hours; whatever you believe is a reasonable time, manner and place restriction on the protest. That is something the Board can decide.”

Com. Harper, “Do you think you can narrow this, think about this and give us some narrower hours when you would like to do this so we can then pass on it the next meeting? Do you understand what I am saying?”

Atty. Rinkenberger, “Five days a week, that many hours a day, is not reasonable. A reasonable time, manner and place would be something more restrictive.”

Ms. Seroczynski, “The only reason I gave two different times is because I do work and I thought that the days that I work during the day I could protest in the evening. That is the only reason I gave two different times. But if you want me to say between 10 and 12 Monday through Friday, I guess I could do that.”

Atty. Rinkenberger, “You guys may feel that Monday through Friday is not reasonable, I don’t know. What I am saying is, under the law, you have the right to say yes, you can protest, but in a reasonable time, manner and place, so it is up to you to say is 5 days a week, 2 hours a day reasonable or not? I don’t know.”

Com. Harper, “Here’s what I suggest. Why don’t we…. John, you suggested cutting the hours down and I acquiesce with that. Why don’t we approve it for 30 days and see how it goes?”

Com. Evans moved to approve the hours of 10:00 to noon, Monday, Wednesday and Friday for a 30 day period, Com. Knoblock seconded,

Ms. Seroczynski, “That sounds reasonable.”

Motion carried.

Com. Harper, “That’s not saying we won’t extend that, we’ll just try it for 30 days and make sure everything else is able to go on over there also at the same time.”

Ms. Seroczynski, “May I ask a question? Let’s say I am scheduled to work one of those three days, will anything happen, like will it be well, you didn’t show up Wednesday, so that’s it?”

Com. Harper, “No. No.”

Ms. Seroczynski, “So, when would I be allowed to start then?”

Com. Harper, “Anytime.”

Com. Evans, “Tomorrow is Wednesday.”

Ms. Seroczynski, “So I have 30 days from tomorrow?”

Com. Harper, “Right.”

Ms. Seroczynski, “Do I have to petition the Board again?”

Com. Harper, “Yes, I think you should come back and ask and we’ll see if everything goes okay and then we will take it from there. I see no reason we won’t but let’s just make sure.”

Request for transfer of funds-Commissioners

Fund 01.30 $49.50 from 3220 telephone
Into 2320 auto, truck & equipment

Wiper blades and change oil for Soil & Water Conservation vehicle.

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


APPROVAL OF JULY 3RD FOR A PAID HOLIDAY FOR EMPLOYEES

Com. Harper, “There has been discussion and we have been contacted because this year the 4th falls on a Tuesday. Do I hear a motion about Monday?”

Com. Evans, “We are so good to our employees.”

Com. Evans moved to declare Monday, July 3, 2006 as a county holiday and allowing the employees the day off with pay, Com. Knoblock seconded, motion carried.

REMOVED WEIGHT RESTRICTIONS FROM COUNTY ROADS

Com. Harper, “We have a request from Al Hoagland to remove the weight restrictions on certain roads. Does everyone have a copy of this? He has been reviewing the weight restrictions on different roads and do you think I need to read all these?”

Atty. Rinkenberger, “I don’t think it would hurt.”

Com. Harper, “Okay, he wants to remove the weight restriction on CR 600 North from 149 to US 130, and CR 875 North from 400 West to 450 West. In Porter Township, CR 100 South from Route 2 to the Lake County Line; in Washington Township CR 500 North from Route 49 to East; in Union Township CR 750 West from US 30 to 100 North; CR 450 West from 500 North to 600 North; CR 625 West from Division to 100 North; CR 100 North from 250 West to 350 West; CR 450 North from 625 West to 475 West; in Westchester Township, CR 1400 North from Route 20 to 300 East and Brummit Road from Route 20 to 1400 North.”

Com. Knoblock, “He is saying to lift it on those roads?”

Com. Harper, “Lift it on those roads because he is saying those roads have been upgraded to the point that he doesn’t feel they need to be weight restricted.”

Com. Knoblock, “I’ve got some circled that he could put some on.”

Com. Evans, “This is something that has been given a lot of thought, it wasn’t just done willy nilly. A lot of those roads are all weather roads now and have been improved for a number of years and had old weight restrictions that really don’t apply. It also goes hand in hand with the restrictions that are in place that are not being asked to be removed and a prime example of that is on County Line Road, north of Highway 20, that is going to stay the same. We are not doing this to be arbitrary but we are doing this to have a better economic situation to those people that have to make a living by driving on those roads.”

Com. Harper, “Carole, are there any on here that you object to being removed?”

Com Knoblock, “No.”

Com. Harper, “Just some you would like added?”

Com. Knoblock “I will have to talk to Al.”

Com. Evans moved to accept the recommendation and remove the weight restrictions, Com. Knoblock seconded, motion carried.

HOSPITAL BONDING CAPACITY DISCUSSION

Com. Harper, “I would announce that the Commissioners, along with the Council, had requested that Umbaugh & Associates do an independent study of the financial situation of the hospital and report back to us on whether they feel that the hospital can bond on their own. They have filed a report with us, copies of the bids are public document and everyone was aware it was a public document when they filed it. Reports are here; basically their conclusion was that the feeling of the hospital board that if they wanted to continue to be smart, that they needed a new facility and further that they felt, Umbaugh & Associates felt that they, as the hospital board has said, that they could not finance this on their own. I don’t know if you want to comment on this, John or Carole, but copies of the report are here.”

Com. Evans, “I think it substantiates many of the statements that the county hospital had made in regard to planning for its future, I think that is shows the capital outlay is something that it cannot do on its own to build a new hospital and I think it shows that the hospital appears to be doing all the right things to try and solicit a partner and to move forward and to better the health care provided to the residents of this county.”

PORTER HOSPITAL BOARD OF TRUSTEES APPLICANTS DISCUSSION

Com. Harper, “So that will be available for anyone that wants to see it. I would also like to ask my fellow commissioners, and I couldn’t find the email reports that I received, but I received an email that we will not be receiving from the hospital board until the 26th of this month, their candidates that they are recommending for board approval. I know that they only had three because I have been told that. Because of that, I am wondering, and we have a meeting on July 5 at 6:00, and I am wondering if we do those interviews at 4:00 which leaves us two hours which should be plenty of time for that meeting on July 5. I think they are asking us, although they are not getting those names to us until July 5, I think they want the answer pretty quickly because we will be heading into the summer, and if we have a problem….…”

Com. Evans, “(inaudible)…. The candidates.”

Com. Harper, “Well, I think we may have a fourth application.”

Com. Evans, “That shouldn’t be a problem.”

Com. Harper, “Melissa, if you will notify them, if that is when we are doing the interviews, so maybe they can at least notify the three candidates. Make sure these people get notified.”

COUNTY EMPLOYEE PRESCRIPTION APPROVAL

Com. Evans, “This is a matter of housekeeping. In correspondence, there was an email from our insurance carrier for a request for an exception to a county employee for a prescription for educational services. Without mentioning that employee’s name for his rights, I would like to make a motion that we allow the exception.”

Com. Evans moved to allow the exception for the employee, Com. Knoblock seconded, motion carried.

UMBAUGH & ASSOCIATES REPORT ON CIRCUIT BREAKER TAX

Com. Harper, “I would like to make one last comment. The representative from Umbaugh & Associates came here this week to deliver that report and at the same time I got into a discussion with him. Umbaugh & Associates represents a lot of governmental entities around the state of Indiana in bonding issues. They’re doing a study in the state of Indiana because this Circuit Breaker Tax that has been a tax legislation that has been passed, is going to impact, or may impact the future of bonding by all government entities. I would just like to make a statement, and I think we need to remember that the legislation is looming here pretty quickly and we need to start planning for it. The reason I have a statement I want to read on that is recently the Indiana legislature passed legislation capping the amount of property owner can be taxed on their real property. The cap is 2%, and frankly even that amount seems high to me. However, at least it’s a start by some control on local governments and the amount they spend. The legislation enabled the county fiscal body to adopt an ordinance providing tax payers with a cap on residential property taxes. However, beginning 2008 this legislation establishes a 2% cap on whether or not the county fiscal body passes an ordinance. This cap, and the feeling there with residential properties, but it is expanded to all properties in the year 2010. The way I understand it the cap will work is that all of the government entities in the county will be subject to it, townships, cities, towns, all districts and the county itself. There will be formula revised I believe, given to each, and I think that is why Umbaugh & Associates are working on it right now, that formula that is going to work, capping the amount that each governmental unit can spend. The ceiling will not only apply to regular property taxes but also for special assessments and bond issues. Therefore, it is important that all government entities get up to speed on what their limits are going to be now before this Circuit Breaker goes into effect future planning is necessary. I think there are two ways that the government can react to this test. One way is to run around and say the sky is falling and we can’t live with it and to have it as a series of different proposals of other taxes. The other way is to try to figure out a way to live within our budget which I think Porter County has experience in with the Bethlehem Steel bankruptcy and so forth in the last few years. I hope all of the governmental entities in Porter County can take that second approach and see this as a challenge to live within the budget and … rather than immediate shooting the gun off and trying to pass a bunch of new taxes. I hope we can start planning for this, Umbaugh & Associates are going to give us, in a few weeks, because they are doing a study of it because they apparently can’t work on any bonds right now until they do a study on it because it does effect future bonding. They are going to give us some of these limits in the future and I hope that we and the Council and everyone starts studying this. I feel that really, because county government takes such a small amount of tax dollars but the impact on the county government is probably going to be as great as in some other governmental entities. So I just wanted to add that tonight. Do you have anything you want to add to that?”
Com. Evans, “No.”

Com. Harper, “Why don’t we take a recess for about five minutes and go into Plan Commission.”

The Plan Commission portion of the meeting will be transcribed separately from the Commissioners’ regular meeting.


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

_____________________________
Robert P. Harper


_____________________________
John A. Evans


_____________________________
Carole M. Knoblock







Attest: _________________________________
Sandra K. Vuko, Auditor





PLAN COMMISSION
Robert Thompson, Executive Director of Plan Commission

Mr. Thompson, “This is Plan Commission Resolution No. 06-5, petitioner is Vaughn and Sharlyn Staab, requesting an I2 general industry zoning map amendment from I2 general industry to R1 single family residential. Plan Commission held their public hearing at their April 26th hearing and continued it to the May 10th hearing. At the May 10th hearing, they recommended denial of the R1 rezoning. Requested that the Commissioners and the petitioners give consideration to the RR rezoning.”

Com. Harper, “I know where we stand lately, but the request is for R1.”

Mr. Thompson, “Right. The actual application to the Plan Commission was for R1.”

Com. Harper, “So it is for R1, its either accept or denial on R1. Correct?”

Mr. Thompson, “Well, in the past, I can tell you, but I would direct you towards your counsel, there has been negotiation in the past as far as…”

Com. Harper, “I didn’t think you could have negotiations, I think legally if we were going to rezone this to the zoning district, then they are not requesting… we have had proper notice …. Am I not right?”

Atty. Rinkenberger, “Well, you probably are but I had no idea this was an issue, that anybody was considering something other than what was noticed.”

Com. Harper, “I think we just have to …(inaudible)….”

Atty. Rinkenberger, “I think that would be wise.”

Mr. Thompson, “The Plan Commission originally started to give a recommendation to the RR and our attorney stopped the Plan Commission and said no you must act on what the actual application states. So, I2 to R1.”

Com. Harper, “They sent it with a denial?”

Mr. Thompson, “They sent it with the recommendation for denial for the R1 rezoning but we would like to give everybody consider, but they wanted everybody to get consideration to an RR zoning. The reason is I guess, real brief, that the Plan Commission is very concerned about the I2 zoning, what is there and what could go in there on 250 West. And they had no objections to an RR zoning.”

Atty. Rinkenberger, “But that is not what the petition says.”

Mr. Thompson, “Right. The actual petition application is for R1.”

Com. Evans, “Is your restriction and if this is denied and they want to go back to the Plan Commission for RR do they have to wait a year?”
Mr. Thompson, “No, it is substantially different. I can accept an application for RR tomorrow.”

Atty. Rinkenberger, “So we are all on the same page, it’s either accept or deny?”

Com. Harper, “That’s what it has to be. Let me talk to everyone. We are going to have a public hearing on this and let me explain how this works. Especially, Vi, who is recording this, asked me to announce this maybe twice, that this is being recorded and when anyone speaks, we ask that there are two mikes so if you come up toward the corner on either side and speak loudly so she can hear you, we would appreciate that. Further, we ask anyone that speaks to give their name and address because when she is typing this she has no idea who it is unless you verbally announce yourself before you speak. The way we are going to do this is the petitioner will make a presentation and then anyone in the audience that wants to speak for or against the project will be asked to do that. While you speak, you might have questions that you ask the petitioner that he won’t try to answer while you are asking, they will have to address them when everyone in the audience is done. After that’s done, we will go back to the audience one more time and for any more comments or add any more questions that they want to give and then at that time the petitioner will respond to those and at that time we will close the open session of the meeting. So we want to encourage everyone to speak that wants to speak we just do ask for our recording secretary that they come up and speak towards the front by these mikes. So, let me turn this over to Mr. Ferngren to start out.”

(The Plan Commission session will be transcribed at a later date.)

BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA


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