PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, OCTOBER 17, 2006
6:00 P.M.

The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, October 17, 2006 in the Commissioners’ Chambers of the Administration Center.

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

CALL TO ORDER/PLEDGE

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

APPROVAL OF PAYROLL

Com. Evans moved to approve the payroll of October 16, 2006, Com. Knoblock seconded, motion carried.


APPROVAL OF MINUTES

Com. Evans moved to approve the minutes of September 19, 2006, Com. Knoblock seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

Dave Schelling, Highway Engineer
Award Contract Proposals for Bridges 96 and 127

Com. Harper, “The first thing we have is Dave Schelling, Highway Engineer with awarding of contract proposals for bridges 96 and 127.”

Mr. Schelling, “Good evening. We had ten proposals and I looked at them all and they all are (inaudible)… but basically they are all capable of doing the work. Some of them have had a lot more experience than others. One of the firms have less than Indiana P.E. which obviously we need. We can start the one for each bridge or …”

Com. Harper, “My understanding for the recommendations is at least, you talked to number one DLZ and number two, Beam, Longest and Neff.”

Mr. Schelling, “That’s correct.”

Com. Evans moved to accept the bid proposal of DLZ for Bridge 96, Tower Road over Salt Creek and the proposal from Beam, Longest and Neff for Bridge 127 over Lute Road over Willowcreek, Com. Knoblock seconded, motion carried.

Mr. Schelling, “I have a couple other items, if I could bring them up. They are not on the list. The first item is Bridge 58 which is Baum’s Bridger over the Kankakee River. Several weeks ago I presented estimates for the value of the right of way which is four parcels, each one is the bridge, the bottom line is (inaudible)….. and I have a right of way clear on that and what I would like to give to you to sign to go to INDOT to verify that the right of way is clear.”

Com. Harper, “You don’t need a motion on this, do you? You just need a signature?”

Mr. Schelling, “Yes. The other item I have is Campion, the subdivision is on the west side of 200 West, Campion Estates Subdivision. It’s on the west side of 200 West between 700 North and US 6. We have a maintenance letter of credit that expires October 31st and I have reason to believe the developer is not going to renew it. Ray Riddell from my office wrote them a letter August 3rd requesting that the fee be waived because there are some deficiencies out there.”

Com. Harper, “What kind?”

Mr. Schelling, “Well, pavement failures and some issues with drainage in the ditches. Some of the pavement areas need to be cut out and replaced, others just need to be sealed.”

Com. Harper, “What kind of drainage issues?”

Mr. Schelling, “The ditches just need to be cleaned; the drainage issues aren’t as big an issue in my mind as the pavement issues. It’s something that should be taken care of by the maintenance guarantee while it is still in effect.”

Com. Evans, “When does the letter of credit expire?”

Mr. Schelling, “At the end of the month, October 31st.”

Com. Harper, “So, what should we do?”

Atty. Rinkenberger, “It should be a motion to authorize him to file a claim in the time frame.”

Mr. Schelling, “Hopefully the developer will follow through, either do the work and get the renewal, but the county needs some kind of time frame.”

Com. Harper, “So, John makes the motion to call the letter?”
Com. Evans, “Yes.”

Com. Evans moved as stated, Com. Knoblock seconded, motion carried.

COMMISSIONERS REPORTS

All Districts:

1. The Regional Bus Authority will be holding a meeting for the Northwest Indiana Regional Bus Study, at the Porter County Administrative Center, from 3:30 pm. to 6:00 p.m. on October 23, 2006.

2. INDOT LPA Claim Voucher #6 for Bridge Inspection, Phase 1 to pay the County, $5,498.24. Recommend approval.

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

North District:

1. Bridge recommendation for Bridge 127, Lute Road over Willowcreek.

Com. Evans, “We’ve already done this for my district.”

Center District:

1. Bridge recommendation for Bridge 96, Tower Road over Salt Creek.

2. Carrington Subdivision Performance Letter of Credit from Mainsource Bank in the amount of $341,000.00. Expiration date is October 4, 2008. Recommend approval.

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

CORRESONDENCE

Treasurer’s monthly report for September 2006 is on file.

Approval of contract with Engstrom Auctions for surplus vehicles, equipment and evidence items

Com. Evans, “Has the attorney approved the contract?”

Atty. Rinkenberger, “Yes, I have.”

Com. Evans moved to accept the contract with Engstrom Auctions for surplus vehicles, equipment and evidence items to be held on October 27, 2006, Com. Knoblock seconded, motion carried.
Approval of use of Administration Center steps on October 23, 2006 at 10:00 a.m. by Jackie Sterling for Red Ribbon Week Kick-off and balloon rise and to hang Red Ribbon banner in rotunda October 23 through October 31, 2006

Com. Evans moved to approve,

Com. Evans, “I would like to extend my thanks and this is about the 15th year that she’s been responsible for this and she always does a very good job.”

Com. Knoblock seconded, motion carried.

Request for transfer of funds-Commissioners

01.30 $5,000 from 3120 consultants
Into 2330 household and bedding

To cover purchase of cleaning supplies through the end of 2006

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

Request for additional appropriations—Highway

02.91 $9,000 to 2220 uniform and clothing
02.91 $4,000 to 3220 communications
02.91 $1,800 to 3920 disposal

To purchase clothing, radios for new trucks and dumpster service through the end of 2006.

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

PARKING GARAGE GATE DISCUSSION

Com. Harper, “Melissa, do you want to tell us where we’re at?”

Ms. Hartig, “We’ve got an updated quote regarding the replacement of the gate in the parking garage. The changes are basically, they have added the use of an eye-pass so you don’t have to put a card in or anything, you just swipe it in front of the eye and the gate will go up.”

Com. Harper, “Do we have the money to pay for this?”

Ms. Hartig, “Well, we have $12,000.00 in the garage fund so we are short about $5,100.00 roughly. We have some money in the CCD Fund under Other Equipment, 4540. It can be used to make up the difference if we do it that way.”

Com. Harper, “John?”

Com. Evans, “Well, maybe Carole would like this from her share…..?”

Com. Knoblock, “Sure.”

Ms. Hartig, “From CEDIT?”

Com. Evans, “Maybe Carole would like to, she’s got a pretty good balance in there, I was just looking at that.”

Com. Knoblock moved to approve the eye-pass expenditure from Fund 251 and to fix the parking gate, Com. Evans seconded,

Com. Harper, “So you are making the motion, Carole, that the money to come out of …”

Com. Evans, “South District balance of …..”

Ms. Hartig, “Fund 251.”

Com. Knoblock, “How much was that, Melissa?”

Com. Harper, “It will be about $5,000.00 after the $12,000.00.”

Atty. Rinkenberger, “It will be $5,857.00.”

Com. Harper, “You seconded it, John?”

Com. Evans, “Yes. I was going to ask Melissa, does that include cards for all employees?”

Ms. Hartig, “It includes 250 passes.”

Com. Evans, “And beyond that we have to buy them because we have, how many employees do we have?”

Ms. Hartig, “This should more than cover this building.”

Com. Harper, “What about the Highway people? Except for the supervisors.”

Atty. Rinkenberger, “Well, the courthouse employees are on their own.”

Ms. Hartig, “The people that park here regularly will be issued a pass because there is a handful of them that do.”

Com. Evans, “Okay.”

Atty. Rinkenberger, “How many people are in this building?”

Ms. Hartig, “I don’t have a count.”

Atty. Rinkenberger, “Not 250?”

Com. Evans, “Is there a dollar amount per card after that?”

Ms. Hartig, “I don’t think it says. The unit price is $22.00 a card. So, I thought maybe if we could have everybody sign for their passes for their cars, then we can put it in a letter that they agree if they lost it that they would have to pay the $22.00 to get another one.”

Atty. Rinkenberger, “We could say we are going to take it right out of their wage.”

Ms. Hartig, “They are giving us 250 passes to start with so that should be plenty for awhile.”

Motion carried.

NORTH COUNTY DOOR REPAIR DISCUSSION

Com. Evans, “In that same vein, as long as we are doing housekeeping, we talked a little, and I don’t see Charlotte here tonight, but we talked before about getting the door situation straightened out at North County and I would like to see us move ahead on that. I also would like to proceed with the locking system here at this building that we talked about and get some proposals on that as well so we can get that firmed up as well.”

Ms. Hartig, “I have those, they’re a couple months old so I can call and get updated ones or see if they will honor the ones that we have.”

Com. Harper, “Why don’t you see where we are at and put them on the agenda for the next meeting so we get a chance to look at them.”

Com. Evans, “We can kind of review them.”

Com. Harper, “I would like to hear a motion that we go ahead and follow the recommendation, what’s the door place? Trout Glass, on the North County door and get that fixed.”

Com. Evans, “Yes, I will make that motion and pretty much get it done. I mean, it needs to be taken care of.”

Com. Evans moved to approve,

Ms. Hartig, “Are we replacing it or repairing it?”

Com. Harper, “Replacing a door, at least one door.”

Com. Evans, “And the right door this time.”

Com. Harper, “In the North County building. And we are paying for it out of maintenance? How do you want to pay for that? We still have money in building maintenance.”

Ms. Hartig, “There’s still money in CEDIT building maintenance, there’s $61,000.00.”

Com. Evans, “Okay, take it out of there.”

Com. Harper, “Whose going to call Trout?”

Com. Evans, “I’ll call them.”

Com. Harper, “So, John makes a motion to get that done and take it out of CEDIT building maintenance, do I hear a second?”

Com. Knoblock seconded, motion carried.

VETERAN’S DAY CLOSING DISCUSSION

Com. Harper, “Anything else?”

Ms. Hartig, “Do you want to talk about Veteran’s Day?”

Com. Evans, “Oh, the Treasurer’s dilemma?”

Com. Harper, “We have a request by the Treasurer to change the holiday on Veteran’s Day. I think it is too late to do it because of the Courts and different places. The reason that he wants to do it is because it’s the last day of taxes due. He’s talking about having his office open on his own. I suggest if he wants to do that we provide security for him but we leave the date the same.”

Atty. Rinkenberger, “I think that is the correct move. I am not so sure we can change the date. I mean that is just not a reasonable request.”

Com. Evans, “I think as long as he is willing to make that overture to do that and have it open as long as the Auditor’s could be able to comply with that request as well because they have to work together. The least we can do is provide the security. That will take of his problems.”

Com. Evans moved to approve having the Treasurer stay open on November 10, 2006 and providing his office with security, Com. Knoblock seconded, motion carried.

Com. Harper, “Melissa, will you check with them and make sure we have the building open and have security for them. We may have to have a maintenance person on call. But whatever we need to do. Anything else? Okay. Let’s go into the Plan Commission.”

PLAN COMMISSION

Rezone I1 to RR-Shirley Rainford Revocable Living Trust, 1st Reading
Robert Thompson, Director of Plan Commission

Mr. Thompson, “This is Plan Commission Resolution 06-7, Petitioner Shirley Rainford Revocable Living Trust requesting an amendment to the zoning map. Requesting the parcel be rezoned from I1, Light Industry to RR, Rural Residential This case was heard before the county Plan Commission at their September 27th public hearing and the recommendation was favorable by an 8-0 vote. The reason the living trust is doing this is because they would like to do a residential subdivision and a residential subdivision is not allowed in I1 but it is in RR.”

Com. Harper, “This is a two home?”

Mr. Thompson, “Yes, there’s two existing homes on the parcel in which will become two lots and then there’s two additional building lots on that.”

John, “Yes, four lots total.”

Com. Harper, “This is a public meeting, correct?”

Mr. Thompson, “Correct.”

Com. Harper, “Let me ask, is there anyone in the public to speak for or against this petition? Hearing none, I will close the public hearing. John, why don’t you come up and sit here.”

John, “This might help you. This is the 20 acre parcel at 450 and 650 West. The two houses here, Shirley lived here and her daughter lives here. She wants to split up the lot for her grand daughter. In the end we will have four lots, either this will be a lot like this or maybe this will be the big lot but basically we will have the two houses and then one for the grand daughter. Then the remnants, I guess you would call it.”

Com. Evans, “Where’s the ingress and egress for the proposed new lot?”
John, “It would be on 650 West.”

Com. Harper, “Carole, do you have any questions?”

Com. Knoblock, “No, I do not.”

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

John, “Thank you very much.”


Amendment to Storm Water Control Ordinance No.

Mr. Thompson, “This next petition is Plan Commission resolution 06-6, petitioner Porter County Plan Commission requesting an amendment to the Storm Water Control Ordinance. What this is doing is defining the water way within the Definition Section of the ordinance, there was some struggle over what the definition actually meant so we are attempting to actually clarify what waterway actually meant within the storm water ordinance. The Plan Commission heard this at their September 26th public hearing, at the Plan Commission September 13th public hearing, excuse me, and recommended approval of this by 7-0 vote.”

Com. Harper, “Are you done?”

Mr. Thompson, “Yes.”

Com. Harper, “This was put together with the staff of the Plan Commission and the county surveyor in trying to define waterway and they went back and looked at some Indiana case law and different things and this is the definition.”

Com. Evans, “So, this is the definition to define the term waterway in the stormwater ordinance. Is the term waterway defined in any other ordinance that exists in Porter County like the Drainage Board, or any other entity that is going to be affected by our new definition?”

Mr. Thompson, “I don’t know, but our definition…”

Atty. Rinkenberger, “If it’s a waterway definition that’s contained in this ordinance it’s for this ordinance. Just because we are defining waterway for stormwater ordinance doesn’t mean that definition of waterway would apply to a different ordinance, they have their own definition section. Do you see what I am saying?”

Com. Evans, “I know what you are saying, but that’s why I am asking because I don’t know why we should have one definition for one body and another definition for another body if it exists in another form.”
Com. Harper, “Because there may be different reasons. This reason is so, the reason it is in this ordinance is so the planners and engineers and so forth can know what they are dealing with. Or else you have a continual argument for the waterways. I can’t think right now, John, but I am sure you are right, that there are waterways in other ordinances. They may have completely different reasons for the definitions. Maybe they are talking about digging ditches and different things. So this is just to…”

Atty. Rinkenberger, “Drainage Board waterway may be bigger, you know…”

Com. Harper, “Yes, you might have the drainage thing that maybe for the drainage ordinance it has to be twenty feet across or something, I don’t know.”

Com. Knoblock, “This means natural or human made.”

Com. Harper, “But this just applies to this ordinance.”

Atty. Rinkenberger, “But my question is, it seems like the other definition was, seems like they are almost getting so specific they could hurt themselves.”

Com. Harper, “It was just the other way around, it was, we’ve already gone through two knock out, drag outs, with only one water, that lasted two weeks.”

Atty. Rinkenberger, “Really? And what was it, was it a drain over a creek, a wetland over a ditch, a ravine, what?”

Com. Harper, “If you don’t have some definition, it’s not going to work.”

Com. Knoblock, “In other words, there will be no houses built on natural waterways.”

Com. Harper, “No, this is just defining how water can be taken from the property. By what ways water can leave a property.”

Com. Evans moved to approve the proposed amendment to the Storm Water Control Ordinance, Com. Knoblock seconded, motion carried.

Com. Harper, “It was worked on, it was really worked on. Trust me, we had arguments after arguments. It helps everybody know what they’re dealing with. It helps the planners. Anybody have anything they want to bring up tonight?”

MR. TALMADGE DISCUSSION ON SURFACE WATER ON HIS PROPERTY

I just want to go on record for this. A petition for removal of obstruction on surface water (inaudible) …. On and around our property which is causing soil erosion. A petition for immediate stop work order to prevent further damage to our property. I base these petitions on the following codes or precedents set in the following matter for the subdivision and 17.116.070 Paragraph G line 3; 17.116.010, Paragraph C; 17.116.080 Paragraph C; 17-112, 120, Paragraph B, 17.112.060; 17.112.100 Paragraph E line 5 and 6; 12.008.010 Paragraph F, 16004040, IC 36-9-27.4-9.”

Atty. Rinkenberger, “You know, you should state your name and address for the record.”

“I’m sorry. My name is John Talmadge, Michelle Talmadge. 330 Peppercreek Drive, Valparaiso, Indiana.”

Com. Harper, “Anything else?”

Ms. Talmadge, “We felt it was important that it gets done before the next house in the subdivision closes.”

Mr. Talmadge, “I feel this is important to the value of our home and the safety of my family. We feel that the elevations of the road and subsequent properties and foundations are modified without permit. Then on December 6, 2005 we notified Stonegate Homes that we had a drainage problem and it created new problems. They finally had to pull a county drainage regulation. 12.008.010 paragraph F. Our property is now a retention pond. The plat was supposed to be indicative of what the surrounding environment would be. This has now become a civil matter between neighbors as they continue to sell homes. That’s all.”

Com. Harper, “I hope Mr. Thompson, as I told you, gets back to you within the next few days.”

Mr. Talmadge, “I just wanted it on record.”

Com. Harper, “Thanks for bringing it to out attention. Anything else?”

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


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA

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


Attest: Sandra K. Vuko, Auditor