PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
WEDNESDAY, NOVEMBER 8, 2006
5:00 P.M.

The regular meeting of the Porter County Board of Commissioners convened at 5:00 p.m. on Wednesday, November 8, 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.

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 30, 2006, Com. Knoblock seconded, motion carried.

APPROVAL OF CLAIMS

Com. Evans moved to approve the claims of November 8, 2006, Com. Knoblock seconded, motion carried.

OFFICE HOLDERS/DEPARTMENT HEADS

Brian Gensel, Prosecutor’s office
Contract renewal for office space

Com. Harper, “Gwenn, have you looked this over?”

Atty. Rinkenberger, “Yes, I looked over the original one, yes.”

Com. Harper, “This is not the original one?”

Atty. Rinkenberger, “This is an extension of the original one. They extended the term for another……”

Mr. Gensel, “They extended the term for five years.”

Com. Evans, “How many square feet is that?”

Mr. Gensel, “I was afraid you were going to ask me that. I probably have those figures in here.”

Atty. Rinkenberger, “The legalities of the agreement probably aren’t the issue. The issue is whether or not we want it extended for another four years and whether or not we want to pay the amount the lease calls for. This comes out of the Prosecutor’s budget.”

Mr. Gensel, “And as I explained to Carole, that fortunately with IV-D, the way it works is we get back two thirds of every dollar we spend. So, at least with the lease almost all our money comes back.”

Com. Harper, “Most of this is coming out of your budget, right?”

Com. Knoblock, “If it was more than what was budgeted for the state pays the rest.”

Mr. Gensel, “Yes. Actually to answer your question, John, it is 3,200 square feet.”

Com. Evans, “3,200. Then what office is over there?”

Mr. Gensel, “It’s the one behind Binders….”

Com. Evans, “Yes, I know that, but what part of your office is it?”

Mr. Gensel, “IV-D.”

Com. Evans, “Oh, IV-D, I am sorry.”

Mr. Gensel, “We have been there since October of ’99, when the original lease was signed.”

Com. Evans, “I think we’ve got a way to do away with it at this point in time given that you rewired the whole office building and it serves the purpose and actually takes a strain off of what would be otherwise a congested area in your quarters right now. As long as the terms are acceptable.”

Atty. Rinkenberger, “The terms are acceptable. The rent is up, but they are only short like $100.00 in your budgeted amount, aren’t you?”

Mr. Gensel, “Yes, we will have to make some adjustments sometime during the year. When we got the new contract we were under the assumption, as far as how the new per month price would be, and in that it was minor terms. We will figure that out.”

Com. Evans, “Do they tie you to the CPI instead of a cap? It seems to be the trendy thing.”
Mr. Gensel, “Yes, we can at least have an understanding of how they arrived at that.”

Com. Evans moved to accept the terms of the new lease for four years, Com. Knoblock seconded, motion carried.

Atty. Rinkenberger, “Do you have the original?”

Mr. Gensel, “I have the copies, I didn’t know that you didn’t have it.”

Atty. Rinkenberger, “We are just signing it and you are not?”

Mr. Gensel, “I think the problem was that Jim signed off on something and you gave him that something.”

Atty. Rinkenberger, “We usually like joint signatures since it is a contract. It just means he can’t sign it exclusively. We should approve it. But when we have elected officials ask for contracts, I usually have the elected official sign and the Commissioners. So, we can sign. Bob, why don’t you sign your name, and we can have Jim sign it and they’ll sign it and then give Melissa copies back.”

Com. Evans, “Then put them in a sealed jar and bury it under a tree.”

Atty. Rinkenberger, “Put it in a time capsule. Then we will kept this in our file, then we will get signed copies back.”

Com. Harper, “You mentioned that office space. I asked about these various offices and how much they have left to pay. There are some people in big offices, and I think we should watch our space.”

Com. Evans, “What I have been telling everyone that asks me is that if you ask me again, you don’t get anything. Seems to work.”

Jean Swanson, Liberty Township Assessor
Contract for purchase of copier

Com. Harper, “Do you have the contract?”

Ms. Swanson, “Yes. (inaudible)….. the Council for a copier, the minimum……”

Atty. Rinkenberger, “Is there a McShane contract in here?”

Ms. Hartig, “There is not an actual contract, it would just be a purchase price.”

Com. Evans, “There is a purchase price of $1,396.10, includes setup and delivery. It’s a Canon IR1630, is that the one she wants?”

Ms. Hartig, “She is also asking if the Commissioners will pay for that.”

Com. Evans, “And what about maintenance agreements?”

Ms. Hartig, “She said she wasn’t going to go for a maintenance agreement.”

Com. Evans, “Now I have a problem, there’s a bid from Kramer and Leonard for a Sharp machine, that’s $200.00 less and a bid from Edge Office that is $300.00 less and I am going to need some explanation for that.”

Ms. Hartig, “I did ask her about that and she told me that the other two quotes did not meet exactly what she needed. There is a certain size book that she copies and the other two won’t copy it but the McShane’s one will. I think she was going with Edge to begin with, that was the company that Catherine Hall went with and she said she was having trouble with the particular assessor’s book that needed copied. So that’s why she didn’t pick them.”

Com. Evans, “So the other bids didn’t meet the qualifications of the proposal?”

Ms. Hartig, “Right.”

Com. Evans moved to accept the offer to purchase from McShane’s for the Liberty Township Assessor,

Atty. Rinkenberger, “And we are paying for it?”

Com. Evans, “Did we buy the last one?”

Ms. Hartig, “Yes.”

Com. Evans, “Okay, so we set the precedent.”

Ms. Hartig, “We paid for Catherine’s out of CCD. We should have enough money in the CCD to take care of that.”

Com. Harper, “Are you including that in your motion, John?”

Com. Evans, “Yes.”

And the Commissioners will pay for the copier, Com. Knoblock seconded, motion carried.

CABLE FEES DISCUSSION

Com. Harper, “We have received a letter from the cable company that based on a new federal law, they are applying to the state to regulate them which we did … and I have asked Gwenn to look into the fact. It sounds like to me we may be in danger of losing of our cable fee. So, I just thought everybody should know since here we are budgeted for it for next year and everything else, but Gwenn is checking on that right now.”

Atty. Rinkenberger, “I don’t really appreciate the way they do business because I looked at that letter and there’s no phone number. The guy signs it Governmental Affairs Manager. I called Comcast, I can get no one. Finally, they won’t give me a phone number for him or tell me where he’s at or how I can talk to him at all about this letter. It’s really amazing. They are stone walling but it sounds like we are going to lose our franchise fees.”

Com. Harper, “So, maybe you check with the state on that.”

Atty. Rinkenberger, “Yes, I will follow up, but …”

Com. Evans, “I raised this question when they started doing the internet, but they have no qualms about tacking another bill on to the cable subscriber whose getting television and then turn around and got internet but we couldn’t, but they say it is all on the same wire.”

Atty. Rinkenberger, “Federally regulated.”

Com. Evans, “Well, take it off our poles, then if they want to do that. I mean, that is the reason they pay the fee.”

Atty. Rinkenberger, “All right, I will instruct the Highway Department to start working on the cable.”

COMMISSIONERS’ REPORTS

North District:

1. Papillon Estates Subdivision, Performance Letter of Credit from Centier Bank is a $30,000.00 cashiers check. Recommend approval.

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

Center District:

1. Cherokee Woods Subdivision Road Agreement, located on the north side of CR 550 North between CR 250 West and CR 175 West. Offer to contribute $750.00/lot for a total of $1,500.00. Owners and subdividers are David J. and Brighitte Snemis. Recommend approval.

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

2. The Prairie at Aberdeen Performance Letter of Credit #HACH152158OS from Harris Bank in the amount of $22,500.00. Expiration date is October 6, 2008. Recommend Approval.

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

3. Bella Vista Performance Letter of Credit #HACH152624OS from Harris Bank in the amount of $59,730.00. Expiration date is October 31, 2007. Recommend approval.

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

South District:

1. Yellowstone Subdivision, Phase A-3/C, Performance Letter of Credit #547 in the amount of $120,000.00. Expiration date is November 7, 2007. Recommend approval.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.

CORRESPONDENCE

Clerk’s monthly report for September 2006 is on file.
Court Security Activity report for October 2006 is on file.
Weights and Measures monthly report for October 2006 is on file.

Approval of bond for Carol Linzy, Union Township Assessor

Com. Evans moved to approve the bond for Union Township Assessor Carol Linzy in the amount of $8,500.00, Com. Knoblock seconded, motion carried.

Approval of proposal for electronic security system for Ad Center

Ms. Hartig, “There are three proposals from earlier this summer, from Video Tech, Tri-Electronics, and…”

Com. Evans, “Did they all say they would hold their price?”

Ms. Hartig, “Video Tech and Tri-Electronics, well Tri went up a little bit but Video Tech kept the same.”

Com. Evans, “This goes back to when we talked about securing the building in a manner that would allow us to know who is entering and exiting on the off hours.”

Com. Harper, “Do I have a motion on this?”

Com. Evans, “I can’t find the thing here. Which one was it?”

Ms. Hartig, “Actually Video Tech gave…”

Com. Evans, “Was that the one Charlotte preferred?”

Ms. Hartig, “I think Charlotte called on all of these originally.”

Com. Harper, “Do you want to wait until next time?”

Com. Evans, “Well, I would like to get it going. Can we come back to it in a few minutes?”

Approval request to purchase furniture and equipment for new Emergency Management/EMA Building

Com. Harper, “Carole, I think you said you would like to take this from south county CEDIT?”

Com. Knoblock, “Yes.”

Com. Harper, “Can we do that, Gwenn?”

Atty. Rinkenberger, “Yes.”

Com. Harper, “John, have you looked that over?”

Com. Evans, “Yes, I think it is fine.”

Com. Evans moved to approve the south county’s CEDIT expenditure for furniture for new EMA Building, Com. Knoblock seconded, motion carried.

Approval to replace the sound system in Judge Alexa’s Court and steno machines

Com. Harper, “We are being asked this because the Council took a lot of this equipment out and they are asking us to do this. Melissa, where can we take this from?”

Ms. Hartig, “CCD has enough money to pay for both.”

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

Letter of Intent for Field Membership to US Federal Credit Union for county employees

Com. Harper, “They already had employees at Porter Memorial and at the Sheriff’s Department. It’s not exclusive, it just gives the county employees the right to join that.”

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


Approval of Video Tech’s proposal for electronic security system

Com. Evans, “I think I am prepared to do a motion for the acceptance of Video Tech’s bid in this matter. The bid price is $23,290.00 for the total system. They’re monthly fee for the 60 month contract for maintenance is $115.00, it’s a hundred and some dollars less than the other guy and it is a thousand and some less than their initial proposal and the other companies.”

Com. Evans moved to accept Video Tech’s proposal for Administration Center access control system, Com. Knoblock seconded, motion carried.

Ms. Hartig, “Where are we taking that from?”

Com. Evans, “How about building maintenance?”

Ms. Hartig, “CEDIT building maintenance?”

Com. Harper, “Do we have the funds in there?”

Com. Evans, “I think that is the proper place for it.”

Ms. Hartig, “There’s money in there.”

Com. Evans, “Let’s do it.”

Atty. Rinkenberger, “You may want to slow down on the spending until we figure out about the cable money because if we are not getting it, we are going to have all that money that we got budgeted we are going to have to take it out of somewhere else.”

Ms. Hartig, “We also have our Fall distribution of CEDIT which is here but I guess it is not correct. They gave us too much again. So, they are in the process of trying to fix it before they put it anywhere this time.”

Request for transfer of funds-Commissioners

Com. Harper, “What is the purpose of this?”

Ms. Hartig, “All four of these are to cover the chairs, desks and file cabinets for the Veteran’s Services.”

Com. Evans, “Why $6,100.00 for furniture?”

Ms. Hartig, “He’s getting two new people and they need filing cabinets and chairs.”

Atty. Rinkenberger, “Veteran’s Affairs is getting two new people?”

Ms. Hartig, “He’s getting two new part time people January 1st.”

Com. Evans, “And that has already been approved by the Council. I think that should have been part of that consideration.”

Com. Harper, “What they did, John, was balance the budget, and what they did was take some of that hardware out and put it in our budget. I understand number one we are going to get extra money for highway funding (inaudible)…….”

Com. Evans, “Okay.”

Ms. Hartig, “Any expenditures that we cut from the general fund budgets they were referred to the Commissioners to request that they cover it.”

Com. Evans, “A real good deal. We balance the budget.”

Atty. Rinkenberger, “Maybe unbalanced until we find out about our cable franchise money.”

Com. Evans, “Maybe we ought to sent a message that we would like to see that Major Moves money with the bank. Since we have to pick up the check on these kinds of things, we ought to have a little say in that. Then these are transfers so I guess that the money is obviously there and we can do it, but I would like…”

Com. Harper, “Why don’t we do the transfers and then we will take a look at the furniture.”

Com. Evans, “I just want to make sure we are not getting a little bit more than everybody else’s.”

Ms. Hartig, “I didn’t have any concrete numbers from him, he had called for quotes from several different places but I don’t have any exact figures. Today was the last day to submit transfers so I just estimated a little high. I can always change it.”

Com. Harper, “Well, what we want to do is we want to see them.”

Com. Evans, “And I would like to see what he is actually buying, too.”

Com. Harper, “Why don’t I go through all of these at once.”

01.30 $2,600 from 3976 county prop. Assessed benefits
Into 4440 furniture/fixtures over $100

01.30 $2,000 from 3977 appraisers
Into 4440 furniture/fixtures over $100

01.30 $1,000 from 3160 vet services
Into 4440 furniture/fixtures over $100

01.30 $500 from 3970 Memorial Day expenses
Into 4440 furniture/fixtures over $100

To purchase desks, chairs and file cabinets for Veteran Services

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

Com. Evans, “I don’t know how he is going to fit all this in that office, he doesn’t have enough room.”


132.30 $2,500 from 3620 building & structures
Into 4510 data processing equipment

To purchase computers for Veteran’s Services

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

132.30 $4,600 from 3620 building & structures
Into 4510 data processing equipment

To replace “Informer” PC at Juvenile Service Center

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

Request for additional appropriation-Commissioners

233.30 $18,428 to 3130 training and education

To cover purchase of Fatal Accident/Accident Reconstruction program

Com. Knoblock, “What’s that for, Bob?”

Com. Harper, “That is Fund 233.”

Atty. Rinkenberger, “That’s one of the jail funds.”

Com. Harper, “That is one of the jail funds and this is for a computer program that they want to get for the fatal accident reconstruction, which I think is really important.”

Atty. Rinkenberger, “I think it is, too.”

Com. Harper, “They have so many cases involving a death. Some of them the county is even blamed for it and the other ones they also need to report on.”

Atty. Rinkenberger, “So, we are buying this for the Sheriff’s Department?”

Com. Harper, “It is coming out of the jail prisoner’s fund.”

Com. Evans, “It is coming out of money that is paid for their housing of prisoners.”

Com. Harper, “And it’s one of these funds that has to do with a lot of the unallocated money.”

Ms. Hartig, “They said it was for the Sheriff’s Department and the Prosecutor’s.”

Com. Evans, “I don’t question the worthwhileness of the program, I wonder if there wouldn’t have been a grant available for them to pursue rather than wait for the end of the year and try to do it this way.”

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

Request for additional appropriation-Commissioners

296.30 $885,120 to 0001 CEDIT Project #12

To cover balance of GIS project contract with the Sidwell Company

Com. Harper, “This is the remainder…. I’ll say a little bit about it, the Council decided to go ahead with the GIS Project and the total project, and you can tell me if I am wrong, John, was about $1.2 million or $1.3 million, about that area…”

Atty. Rinkenberger, “$1.4 million.”

Com. Harper, “Oh, $1.4, and they appropriated, because we only asked by the way for partial payment of that and this is the remainder of the money to finish the GIS system of $885,120.00 which is unallocated CEDIT at this time and this is an amendment to the Plan which will have to go before the Council So whatever you want to add to that.”

Com. Evans, “Yes, you are pretty much right on target with that. The thing that we are doing here is we’re kind of getting it a little bit more in motion rather than wait individually year by year by year to fund it, we realize that obviously it needs to be funded to be up and running and there’s going to be continuing costs that go along with that on a yearly basis that we will need to address a little bit down the road. But this will get the project going and get it fully funded and that’s the intention and one of the things I stated five or six years ago when we started messing with this that we needed to get this in and going and this will do that. That’s what the money was marked for and I think we should spend it here instead of waiting and trying to piece meal it for next four or five years from now and get it in place, get it up and running. It’s going to be an asset to the whole county and it’s going to get some revenue back in here as well. After we get this up and running I think next year we need to sit down and take a look at structuring and the type of department that we have that is going to administer a GIS along their basis.”

Com. Harper, “John, let me say this. I think we should study, do some studying, on whether we can put together fees for this department to pay for itself, just like the Plan Commission pays for itself.”

Com. Evans, “Absolutely. I don’t know if it will entirely pay for itself but it certainly should help offset a good portion of the fees.”

Com. Evans moved to approve the transfer and to encourage the Council to remember their obligation, Com. Knoblock seconded, motion carried.

Com. Harper, “Is there anything else before we go into the Plan Commission?”

Com. Evans, “We need to amend the insurance plan to allow the treatment of one of our insureds with a drug that is been considered by our third party administrator to be still in the non-acceptance stages because it is not all the way through FDA approval. But, it has the needed effect to treat the person, the dependant of a person, in our insurance custody that would be of a benefit. But we need to, as Commissioners, override their veto and I will make a motion to do that.”

Com. Evans moved to override the veto to allow treatment with a non-acceptance drug, Com. Knoblock seconded, motion carried.

Com. Evans, “I’m intentionally being vague so I don’t violate anyone’s HIPAA rights.”

Ms. Hartig, “Bob, you need to approve the CEDIT amendment.”

Com. Evans, “I made a motion to do that. I thought we voted, didn’t we?”

Ms. Hartig, “You did that and the transfer?”

Com. Evans, “Yes. To transfer and to amend CEDIT Project 12. If that’s not what I said, then I restate my motion.”

Com. Harper, “Do you second his restated motion?”

Com. Knoblock, “Yes.”

Com. Evans moved to approve the transfer and amend CEDIT Project 12, Com. Knoblock seconded, motion carried.
PLAN COMMISSION

Robert Thompson, Plan Commission Director
Amendment to Storm Water Ordinance No. 05-21, 2nd reading

Mr. Thompson, “This is Resolution 06-6 of the Plan Commission for approval.”

Com. Evans, “Any changes from first reading?”

Mr. Thompson, “No.”

Com. Evans moved to approve the Storm Water Ordinance #05-21 on 2nd reading, Com. Knoblock seconded, motion carried.

Rezone I1 to RR, Shirley Rainford Revocable Living Trust, 2nd reading

Com. Harper, “We already had a pubic hearing on this, correct?”

Mr. Thompson, “Correct.”

Com. Harper, “Has anything changed on this?”

Mr. Thompson, “No. They are wanting the RR for purposes of doing a residential subdivision.”

Com. Harper, “We passed this on first reading?”

Mr. Thompson, “Correct.”

Com. Evans, “Are there any written commitments?”

Mr. Thompson, “No.”

Com. Evans moved to approve on 2nd reading, Com. Knoblock seconded, motion carried.

Rezone I2 to I1, Michael Micciche, owner, 1st reading

Com. Harper, “The next thing we have is a petition to rezone from I2 to I1, on first reading.”

Mr. Thompson, “This is Resolution 06-8, Porter County Plan Commission, Michael Micciche, requesting amendments from the zoning map I2, General Industry to I1. The Plan Commission heard this at their October 25th hearing and recommended approval to the county commissioners 7-0. To quickly explain the reasoning why they are requesting this is because under the Plan Commission codes, I2 zoning does not allow for the construction of single family residential homes. The Miccicche’s have a home that is zoned I2, they are trying to finance it, and when we get calls from the assessors on whether or not if a home is destroyed by natural disaster or what not, we’ll do a permit in I2 zoning for them to rebuild, we have to say no because of our codes. So they are asking for this down zone to I1 which will allow them on that. Prior to the 1983 zoning ordinance, Master Plan Amendment I should say, this was originally zoned I1, it didn’t allow this but for some reason it needed three _____. It was upgraded to I2. They are asking this so they can do finances on their houses.”

Com. Harper, “This is public hearing?”

Mr. Thompson, “Yes.”

Com. Harper, “I don’t think there is anyone here, but is there anyone here to talk for or against this petition?”

Mr. Thompson, “There was the first time.”

Com. Harper, “I know, I am just asking. I think, let me just say this. These guys have a house that’s on land not zoned for this so if they wanted to get it financed, they could say what happens if it burns down and somebody else can’t put a house back up there again, so they are trapped, okay. So the Plan Commission, after hearing, recommended they change this to the zoning that allows their house to be on that property.”

Com. Evans, “Well, if you close the public hearing, I will make a motion.”

Com. Harper, “I will close the public hearing.”

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

Com. Harper, “Second reading will be?”

Ms. Hartig, “November 21st.”

Com. Evans, “Can we waive the rules?”

Mr. Thompson, “I was going to ask that because, is your financial institution waiting for this ordinance?”

Com. Evans moved to waive the rules and hear the 2nd reading, Com. Knoblock seconded, motion carried.

Com. Evans moved to approve on 2nd reading, Com. Knoblock seconded, motion carried.

Com. Evans, “Before we recess, I just wanted to congratulate you, Commissioner Harper, on your election yesterday and all those individuals that took part in the process.”

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