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- December 19, 2006
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PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, DECEMBER 19, 2006
6:00 P.M.
The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, December 19, 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 December 11, 2006, Com. Knoblock seconded, motion carried.
PORTER COUNTY SHERIFF COMPENSATION AGREEMENT-
Attorney David Hollenbeck
Atty. Hollenbeck, “Until 1993, the county sheriffs were paid statutorily under a program where they receive compensation from tax warrants that were issued as well as ironically, if there was any money left at the end of the year after feeding prisoners which is suspect has something to do with the menus that were proposed here at the jail. Any money left over, that was their money as well. In 1993, the legislature adopted a statute that allowed us to negotiate and establish a flat salary for the county sheriff every year. In the wisdom of the Porter County Council, and at the time of Sheriff Dembinski, that sounds like a much better way to approach paying the sheriffs. And every year since, the County Council has entered into an agreement with the county sheriff establishing a flat salary and the sheriff gives up any entitlement to tax warrant monies or money left in the food fund at the jail. We are before you to again propose such an agreement with our sheriff-elect Dave Lain. The amount this time is $110,500.00 which is the amount established by the County Council during the budget deliberations, the language of the agreement before you is identical to previous years’ agreements with previous sheriffs.”
Com. Harper, “I believe all we are doing is approving the Council’s decision. It’s just a standard contract.”
Atty. Rinkenberger, “Well, we are approving the terms of the contract. We have to.”
Atty. Hollenbeck, “The enabling statute calls for this…”
Com. Harper, “What if we don’t?”
Atty. Hollenbeck, “Then he gets paid, it will go back to him getting 10% of the tax warrants.”
Com. Evans, “We are the only ones that can enter into contracts for the county.”
Atty. Hollenbeck, “The enabling statute says that all three entities must agree, the Commissioners, the Council, and the Sheriff.”
Com. Evans, “Since 1993 and we are now in 2007 for this contract, has anybody ever looked at what the differences would have been?”
Atty. Hollenbeck, “Yes, we have. And the first year we did it, Sheriff Dembinski was giving up around $17,000.00 and that amount has stayed pretty consistent through the years. I think it is fair to say that if Sheriff-elect Lain was paid “the old fashioned way” it would be between fifteen and twenty thousand dollars more he would receive in revenue.”
Com. Evans, “And the prisoners would go hungry.”
Atty. Hollenbeck, “They would eat a lot of peanut butter. With the tax warrants it is also important to remember that, and this happens in a lot of counties, I am sure Dave knows this, but the sheriff assigned as many cars and as many men as he wants to to collect them and he doesn’t pay for any of that. He just gets 10% of what in fact is collected. So you have counties where they have significant divisions of manpower that are applied to tax collection because it is profitable for the sheriffs.”
Com. Evans moved to approve the contract, Com. Knoblock seconded,
Com. Harper, “I want to add that the reason I made my comments is that once the Council looks over the finances and decides its appropriate, it is almost administerial.”
Com. Evans, “It is administerial in that we are the executive.”
Atty. Hollenbeck, “Also, the enabling statute, Commissioner, says that the agreement must be approved by the County Commissioners.”
Motion carried.
ORDINANCE 06-16-ESTABLISHING CIVIL BUREAU FEES AND FUND
2nd reading
Com. Harper, “This is second reading and the attorney has gone over it, is there any discussion or do I hear a motion?”
Com. Evans moved to approve Ordinance No. 06-16 on second reading, Com. Knoblock seconded, motion carried.
ORDINANCE NO. 06-16
PORTER COUNTY BOARD OF COMMISSIONERS
ORDINANCE ESTABLISHING PORTER COUNTY SHERIFF’S
DEPARTMENT CIVIL BUREAU FEES AND FUND
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
WHEREAS, IC 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, IC 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power; the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power, and
WHEREAS, IC 32-29-7-3 provides that as of July 2, 2005, “the county sheriff may charge an administrative fee of not more than two hundred dollars ($200.00) for actual costs directly attributable to the respect of the sale of real estate on mortgage foreclosures” to wit: Sheriff Sales; and
WHEREAS, the Board of County Commissioners has been informed by the Porter County Sheriff’s Department that there is a cost in the administration of the Sheriff’s Sales; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to establish an administrative fee for the costs attributable to the sale of real estate on mortgage foreclosures; and
WHEREAS, the Porter County Sheriff’s Department has requested that there be a requirement that the moving counsel be required to provide a $200.00 check payable to the Porter County Sheriff at the time the Preacipe is filed with Clerk of the Court and that the Clerk of the Court will forward said check with the Order of Sale; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to establish an administrative fee for the costs in connection with the execution of an order of eviction from real estate; and
WHEREAS, the Board of County Commissioners has been informed by the Porter County Sheriff’s Department that there is a cost in the rendering of services rendered in connection with the execution of an order of eviction from real estate and requests that a fee be established in the amount of $100.00; and
WHEREAS, the Board of County Commissioners is empowered to implement a fee for the costs rendered by the Porter County Sheriff’s Department in connection with the execution of an order of eviction from real estate; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a Special Fund for the deposit of the fees generated pursuant to IC 32-29-7-3 from the administration of Sheriff’s Sales; and
WHEREAS, the Board of County Commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of the fees generated from the execution of an order of eviction from real estate.
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code is
hereby amended through the addition of Chapter 3.78 entitled Ordinance Establishing Porter County Sheriff’s Department Civil Division Fees and Fund;
2. That Section 3.78.010 is added to the Porter County Municipal Code to
read as follows:
3.78.10 Establishment of a Porter County Sheriff’s Civil Bureau Fee
and Fund
The Board of County Commissioners does determine that a need exists for the implementation of a Porter County Sheriff’s Civil Bureau Fee for Sheriff Sales pursuant to IC 32-29-7-3 and eviction orders. The Board of Commissioners further find the need to create a special fund for the deposit of revenues generated from these fees.
In all proceedings for the sale of real estate upon judicial foreclosure of a mortgage, the Porter County Sheriff’s, Civil Bureau shall charge a sheriff’s sale user fee in the amount of $200.00 payable as a cost of the offer and sale as provided for in IC 32-30-10-14.
The Porter County Sheriff’s Civil Bureau shall also charge a user fee of $100.00 per occurrence for services rendered in connection with the execution of an order of eviction from real estate.
Each fee shall be paid to the Porter County Clerk’s office upon filing. The Porter County Clerk is directed to forward the fees generated to the Porter County Auditor.
The Porter County Sheriff’s Civil Bureau Fees Fund (hereafter “PCSCBFF Fund”) is created as a result of legislation that provides that the county sheriff may charge an administrative fee of not more than $200.00 for actual costs directly attributable to the administration of Sheriff’s Sales.
Said fund created for the deposit of said fees shall be assigned No. _______________ by the Porter County Auditor’s office.
3 That Section 3.78.020 is added to the Porter County Municipal Code to
read as follows:
3.78.020 Fund Established
Pursuant to IC 32-29-7-3 and IC 32-30-10-14 there is hereby created a special non-reverting fund for the Porter County Sheriff’s Department to be designated as the “Porter County Sheriff’s Civil Bureau Fees Fund.” With the exception of the revenues required by state statute to be deposited into the County General Fund, the Auditor shall deposit into the Porter County Sheriff’s Civil Bureau Fees Fund all sheriff’s civil fees received pursuant to Section 3.78.010 above.
Specifically, the fees generated from the execution of an order of eviction in the amount of $100.00 and the fees generated from the sale of real estate on mortgage foreclosures in the amount of $200.00 shall be deposited into said fund.
4 That Section 3.78.030 is added to the Porter County Municipal Code to
read as follows:
3.78.030 Use of Funds
The funds received and deposited into the Porter County Sheriff’s Civil Bureau Fees Fund can be used only for the specific purposes set forth in this chapter.
The funds received and deposited into the Porter County Sheriff’s Civil Bureau Fees Fund will be expended at the discretion of the Porter County Sheriff’s Police Department to be used for expenses incurred in carrying out the functions and the duties of the Porter County Sheriff’s Department Civil Bureau as it relates to the administration of sheriff’s sales, including but not limited to costs attributable to the sale of real estate on mortgage foreclosures and costs attributed to the execution of an order for eviction from real estate.
In addition, the funds received and deposited in the Porter County Sheriff’s Department Civil Bureau Fees Fund may be expended at the discretion of the Porter County Sheriff’s Department for any expenses incurred in carrying out the functions and duties.
The funds received and deposited into the Porter County Sheriff’s Civil Bureau Fees Fund shall be subject to appropriation by the Porter County Council.
3 That Section 3.78.040 is added to the Porter County Municipal Code to
read as follows:
3.78.040 Termination of Fund
The Porter County Sheriff’s Civil Bureau Fees Fund shall remain in existence and remain perpetual in it’s terms until amended or terminated by subsequent ordinance enacted by the Porter County Board of Commissioners. If and when a subsequent ordinance is passed to terminate the life of this fund, the fund balance existing, if not otherwise provided for by ordinance, shall remain in the fund until expended by the county for the purposes identified in this ordinance.
If and when a subsequent ordinance is passed to terminate the life of the fund, the fund balance existing and if not otherwise provided for by ordinance, if any at that time, shall be transferred to the county general fund.
This ordinance passed and adopted the _______ day of _______________________, 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
Com. Harper, “What’s the ordinance number?”
Ms. Hartig, “Ordinance number 06-16.”
ORDINANCE No. 06-17, ESTABLISHING A PLAT MAP FEE AND FUND-
2nd reading
Com. Harper, “The next thing we have is an ordinance establishing a Plat Map Fee and Fund. This is second reading.”
Com. Evans, “Yes, the second reading to boost up the fee.”
Com. Evans moved to approve Ordinance No. 06-17 on second reading, Com. Knoblock seconded, motion carried.
ORDINANCE NO. 06-17
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE ESTABLISHING A FEE PURSUANT TO IC 36-2-9-18(d) AND
A PORTER COUNTY PLAT MAP FUND
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
WHEREAS, IC 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, IC 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, IC 36-2-11-14 provides that the Recorder may record a deed or partition; a conveyance of land; or an affidavit of transfer to interest in land only if it has been endorsed by the Auditor of the proper county as “duly entered for taxation subject to final acceptance for transfer”, “not taxable”, or “duly entered for taxation” as provided by IC 36-2-9-18 and
WHEREAS, pursuant to IC 36-2-9-18 before the Auditor makes the endorsement required by IC 36-2-11-14, the Auditor may require that a tax identification number identifying the effective real property be placed on an instrument that conveys, creates, encumbers, assigns or otherwise disposes of an interest in or lien on real property; and
WHEREAS, IC 36-2-9-18(d) provides that the legislative body of a county may adopt an ordinance authorizing the Auditor to collect a fee in an amount that does not exceed Five Dollars ($5.00) for each deed or legal description of each parcel contained in the deed for which the Auditor makes a real property endorsement; and
WHEREAS, pursuant to Ordinance No. 89-26 the legislative body adopted an ordinance authorizing the Auditor to collect a fee of One Dollar ($1.00) in 1989; and
WHEREAS, pursuant to Ordinance No. 92-37 the Porter County Board of Commissioners adopted an ordinance authorizing the Auditor to collect a fee of Three Dollars ($3.00); and
WHEREAS, pursuant to 36-2-9-18 the legislative body of a county may adopt an ordinance authorizing the Auditor to collect a fee in the amount that does not exceed Five Dollars ($5.00); and
WHEREAS, the Porter County Auditor has requested that the Board of Commissioners increase the real property endorsement transaction fee from Three Dollars ($3.00) to Five Dollars ($5.00) for each real estate property endorsement made by the Auditor; and
WHEREAS, IC 36-2-9-18(d) provides for the assessment of a fee not to exceed Five Dollars ($5.00) for each deed or legal description of each parcel contained in the deed for which the Auditor makes a real property endorsement.
WHEREAS, the revenue received from such fees is dedicated to the Porter County Plat Map Fund for the use in maintaining plat books and maps housed in the office of the Porter County Auditor; and
WHEREAS, the Porter County Auditor is requesting that the increased amount in the fee from Three Dollars ($3.00) to Five Dollars ($5.00) be deposited in the Porter County Plat Map Fund and that the increased amount be used specifically for maintaining the Auditor’s digital plat map that is the base map of the County’s GIS; and
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code is
hereby amended through the addition of Chapter 3.05 entitled Ordinance Increasing the Real Property Endorsement Transaction Fee;
2. That Section 3.05.010 is added to the Porter County Municipal Code to
read as follows:
3.05.010 Property endorsement transaction fee and Porter County Plat
Map Fund
The Board of Commissioners does determine that a need exists to increase the real property endorsement transaction fee from Three Dollars ($3.00) to Five Dollars ($5.00) for each deed or legal description of each parcel contained in the deed for which the Auditor makes a real estate property endorsement pursuant to IC 36-2-11-14 and IC 36-2-9-18. The revenue received from such fees is dedicated to the Porter County Plat Map Fund and is to be deposited in said fund which has been assigned No. 33.02 by the Porter County Auditor’s Office.
The revenue received from said fees and deposited in the Porter County Plat Map Fund is to be used exclusively in maintaining plat books and maps housed in the office of the Auditor. The difference in the amount of the fee being increased from Three Dollars ($3.00) to Five Dollars ($5.00) shall be receipted into the Porter County Plat Map Fund to be used exclusively for maintaining the Auditor’s digital plat map that is the base map for the County’s GIS.
3. That Section 3.050.020 is added to the Porter County Municipal Code to read as follows:
3.05.020 Use of funds
The money deposited in the Porter County Plat Map Fund shall be utilized for maintaining the Auditor’s digital plat map that is the base map for the County’s GIS and for use in maintaining plat books and maps housed in the Auditor’s Office. The increase in the fee pursuant to IC 36-2-9-18 shall be deposited in the Porter County Plat Map Fund, No. 33.02. The increased fee amount of Two Dollars ($2.00) shall be used exclusively for maintaining the Auditor’s digital plat map that is the base map for the County’s GIS.
3 That Section 3.050.030 is added to the Porter County Municipal Code to
read as follows:
3.05.030 Termination of funds
The Porter County Plat Map Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance entered by the Porter County Board of Commissioners. If and when a subsequent ordinance is passed to terminate the life of the Porter County Plat Map Fund, the fund balance existing, if not otherwise provided for by ordinance, shall remain in the fund until expended by the County for maintenance of the Auditor’s digital plat map.
This ordinance passed and adopted this ___ day of ________________________, 2006.
This ordinance in effect as of February 1, 2007.
This ordinance repeals Ordinance No. 89-26 and Ordinance 92-37.
BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA
s/Robert P. Harper
s/John A. Evans
s/Carole M. Knoblock
Attest:s/Sandra K. Vuko, Auditor
ORDINANCE NO. 06-18, ESTABLISH A CHECK DEFERRAL FUND, 2ND READING
Com. Harper, “The next thing we have is the Pine Township Assessor is here, Nancy Kolasa, is here for approval of an office lease agreement. Is this ministerial?”
Atty. Rinkenberger, “None of our actions are ministerial.”
Com. Evans, “Did we do the check deferral fund?”
Atty. Rinkenberger, “Brian Gensel is not here, they faxed over some… or what? I didn’t know if I was interrupting you or not.”
Com. Harper, “I didn’t know if that would bother you or not.”
Com Evans, “Check Deferral Fund.”
Atty. Rinkenberger, “They wanted to expand the use of the funds to not be exclusively used for victim-witness program and for the program itself. They wanted to use it for whatever they want to except for supplementation of chief deputy and the prosecutor’s salary. So then they wanted to take out the language that it is appropriated by the Council and I said no. The Council appropriates all funds so, part of the language they wanted is in and part is not.”
Com. Harper, “Are you satisfied with it?”
Atty. Rinkenberger, “Yes, I am.”
Com. Evans moved to approve Ordinance No. 06-18, Com. Knoblock seconded motion carried.
ORDINANCE NO. 06-18
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE ESTABLISHING A PROSECUTOR’S CHECK DEFERRAL FUND
WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
WHEREAS, IC 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, IC 36-1-3-6 states that is there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
WHEREAS, on July 6, 2004, the Porter County Board of Commissioners approved a contract authorizing American Corrective Counseling Services, Inc. (ACCS) to provide check collection services to the Porter County Prosecutor’s Office; and
WHEREAS, said collection services will obtain restitution for victims of bad checks while deterring repeat offenders; and
WHEREAS, ACCS collects fees from participants associated with the check collection services, a portion of which are returned to the Porter County Prosecutor’s Office; and
WHEREAS, the purpose of the Prosecutor’s Check Deferral fund shall be to provide a holding account for the receipt of service fees and charges collected in the administration of the Prosecutor’s Check Deception Program; and
WHEREAS, the fund shall be administered by the Porter County Prosecuting Attorney’s Office, and the fees collected utilized for services associated with implementation of the Prosecutor’s Check Deception Program and Victim/Witness Services; and
WHEREAS, said fund shall be appropriated and spent in accordance with the general rules to which other funds of the County are subject; and
WHEREAS, all service fees and charges, which are collected in the administration of the Prosecutor’s Check Deception Program, shall be deposited in the Prosecutor’s Check Deferral Fund and;
WHEREAS, funds from no other sources shall be deposited in the fund and the funds deposited therein shall only be spent to supplement the Porter County Prosecuting Attorney’s Office;
NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:
1. Title 3, Revenue and Finance in the Porter County Municipal Code
is hereby amended through the addition of Chapter 3.03.010 entitled Ordinance Establishing a Prosecutor Check Deferral Fund;
2. That Section 3.03.010 is added to the Porter County Municipal
Code to read as follows:
3.03.010 Establishment of Prosecutor’s Check Deferral Fund
The Board of County Commissioners does determine that a need exists for the creation of a Prosecutor’s Check Deferral Fund.
The purpose of the Prosecutor’s Check Deferral Fund is to assist in the implementation of the Prosecutor’s Check Deception Program and shall be utilized for the deposit of funds collected by ACCS from participants associated with the check collection services.
The Prosecutor’s Check Deferral Fund shall be assigned No. _______________ by the Porter County Auditor’s Office.
3. That Section 3.03.020 is added to the Porter County Municipal
Code to read as follows:
3.03.020 Use of funds
Retroactive to July 6, 2004 all monies received under the authorized contractual agreement with American Corrective Counseling Services, Inc. will be received and deposited into the Prosecutor’s Check Deferral Fund. The Prosecutor’s Check Deferral Fund shall be administered by the Porter County Prosecutor’s Office and the monies shall be appropriated by the Porter County Council.
The monies received and deposited in the Prosecutor’s Check Deferral Fund shall be used for costs associated with the general expenses of the Prosecutor’s Office at the discretion of the Prosecuting Attorney and need not necessarily be limited to the cost of the functions and services from which the fees derive. Use of said funds shall not include supplementing the salary of the Prosecuting Attorney or his Chief Deputy.
4. That Section 3.03.030 is added to the Porter County Municipal
Code to read as follows:
3.03.030 Termination of Funds/Transfer of Funds
The Prosecutor’s Check Deferral Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Porter County Board of Commissioners. Monies collected shall remain in the Prosecutor’s Check Deferral Fund and monies collected during that time frame shall not revert to the County General Fund unless done so by subsequent ordinance passed by the Porter County Board of Commissioners.
If a subsequent ordinance is passed to terminate the life of the Prosecutor’s Check Deferral Fund, the fund balance existing, if not otherwise provided for by ordinance, shall remain in the fund and expended by the Porter County Prosecutor’s Office in compliance with this ordinance.
This Ordinance passed and adopted this ____ day of _______________________, 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
OFFICE HOLDERS/DEPARTMENT HEADS
Approval of Office lease agreement
Nancy Kolasa, Pine Twp. Assessor
Ms. Kolasa, “There has been no change for the last three years. There is no increase, nothing. She just likes to have a renewal every year.”
Com. Evans moved to approve, Com. Knoblock seconded, motion carried.
Com. Evans, “Lorelei is here.”
Com. Harper, “Where we at on the agenda? Is it under correspondence?”
Ms. Hartig, “No, I have it in front of your book. Can I ask about the ordinances?”
Com. Evans, “We took them out of order. We did 2, 4, and 3.”
Com. Harper, “And we are moving quickly, maybe too quickly.”
PORTER COUNTY CONVENTION, RECREATION, AND VISITOR’S COMMISSION
Change Order #19
Lorelei Weimer, Director
Ms. Weimer, “Last time I was here I told you I brought the last change order and I lied because the next day we had a new change order and that was to go from grass seed to sod and have actual sod down before the dedication. And that is the change order you see before you this evening. It is Change Order No. 19 and the total cost of that is $5,455.00 and of that 20% will be $1,089.00.”
Com. Evans, “Is it guaranteed?”
Ms. Weimer, “It is guaranteed, yes.”
Com. Evans moved to approve Change Order No. 19, Com. Knoblock seconded, motion carried.
Ms. Weimer, “I would like to thank you for your support of the 19 change orders and also I want to thank you for Melissa and Vi, they are absolutely wonderful to work with. It doesn’t matter when I call or need a favor, they are there, so I want to thank you for your great staff.”
Com. Evans, “Thank you.”
REPORT FROM COMMISSIONERS
North District:
1. High Meadows West Phase D (Partial) Subdivision and Road Acceptance form, Maintenance Letter of Credit from First National Bank in the amount of $60,000.00, expiration date is December 19, 2008 and a Performance Letter of Credit from First National Bank of Valparaiso in the amount of $20,000.00. Expiration date is December 21, 2007. Recommend approval.
Com. Evans moved to approve, Com. Knoblock seconded, motion carried.
Center District:
1. Covenant Place Subdivision and Road Acceptance Form and Maintenance Letter of Credit. Expiration date is December 19, 2008. #1523 from First National Bank for $10,000.00. Recommend approval.
Com. Harper, “Is that supposed to be a check?”
Ms. Hartig, “From Dave Schelling told me, they had put the wrong letter of credit
there.”
Com. Evans, “The letter of credit should be Letter of Credit Number 1523, First National Bank for $10,000.00.”
Com. Harper, “Recommend approval.”
Com. Harper moved to approve, Com. Evans seconded, motion carried.
South District:
1. Morgan Estates Subdivision Performance Letter of Credit #630 from Centier Bank in the amount of $15,000.00. Expiration date is December 15, 2008. recommend approval.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.
2. Meadowgate Subdivision, Phase B, Subdivision and Road Acceptance Form and Maintenance Letter of Credit #00860 from Centier Bank in the amount of $40,000.00. Recommend approval.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.
3. Riley Ridge, Phase B, Subdivision and Road Acceptance Form and Maintenance Letter of Credit from Chase Bank in the amount of $20,000.00. Expiration date is December 15, 2008. recommend approval.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.
4. Hunter Trail Subdivision and Road Acceptance Form and Maintenance Letter of Credit #2006-1506 from Marquette Bank in the amount of $28,400.00. Recommend approval.
Com. Knoblock moved to approve, Com. Evans seconded, motion carried.
CORRESPONDENCE
Clerk’s monthly report for October 2006 is on file.
Treasurer’s monthly report for November 2006 is on file.
Approval of final printing for Resource Guide by Wildlife Management Advisory Board
Com. Evans, “This is a brochure they put together that really is very good. They march to their own internal working and Al’s working, so motion to approve.”
Com. Evans moved to approve, Com. Knoblock seconded, motion carried.
Request for Additional Appropriations-Commissioners
Com. Harper, “Before I read these will someone tell me what these CEDIT things are about?”
Ms. Hartig, “This is a requirement by State Board of Accounts this year. They told us we need to do additional appropriations for the first of the year to carry the balances over into next year.”
Com. Evans, “So these are the balances that exist in the CEDIT funds right now and we are just encumbering them, is that what we are doing?”
Ms. Hartig, “Right. We are just taking the balance of 2006 and carrying it over to 2007.”
Com. Harper, “Does this have to go in front of the Council?”
Ms. Hartig, “Yes.”
Com. Evans, “No.”
Ms. Hartig, “It doesn’t?”
Com. Evans, “No, not CEDIT funding. We do the budget on CEDIT, right?”
Atty. Rinkenberger, “We do the budget but they appropriate.”
Com. Evans, “Well, the money is already appropriated, and what we are doing is encumbering it, it doesn’t have to go back in front of the Council.”
Com. Harper, “I think we should put off.”
Com. Evans, “We have to do it before the end of the year.”
Atty. Rinkenberger, “No, I think you should do it. It can’t hurt us to do it. The only question remains is that enough?”
Com. Evans, “In the past we just carried them over.”
Atty. Rinkenberger, “Right, I talked with experts in the area and they said once you start your line items and you have your different funds and its in the plan and it is budgeted, then this is an automatic roll over that keeps accumulating until it is spent. It is not in the general fund where if you don’t do something with it, you lose it.”
Ms. Hartig, “Jane from State Board of Accounts came down after the audit was finished and one of the issues that she had was that this wasn’t done this year. I said, will we need to do additionals for all CEDIT funds for next year and she said yes.”
Atty. Rinkenberger, “Then I think we do it and it stops right here. Then it doesn’t go to the Council, it should not have to go to the Council. I don’t know why it would.”
Com. Evans, “Is it an additional or is it just an encumbrance?”
Ms. Hartig, “It’s like a re-appropriation.”
Com. Harper, “This really makes me nervous.”
Atty. Rinkenberger, “Well, but why?”
Com. Harper, “Because I am telling you that if this becomes a general conversation with the Council…”
Atty. Rinkenberger, “Well, if they felt the Council had to do it, it would have been in their write up and then the State Board of Accounts would have went to the County Council and said you guys have to re-appropriate it. But they didn’t. They came to us. What was the language they used?”
Com. Harper, “I remember I sat in the meeting and I don’t remember.”
Atty. Rinkenberger, “I’ve got it, the list?”
Com. Harper, “Why don’t you give me a minute because this concerns me.”
Ms. Hartig, “There were several CEDIT funds on that list.”
Atty. Rinkenberger, “No, Bob, it would be illegal for anybody to take our money after we have planned it pursuant to CEDIT, that’s …. The State Board of Accounts, They can’t take money that we had planned and have the Council do anything else with it but let it roll over and in that process we’re following here.”
Com. Evans, “Why don’t we just do a blanket request for all the CEDIT funding?”
Com. Harper, “I’ll read it real quick but I just, you know what is going to happen.”
Com. Evans, “I think it’s just a way to encumber it so we don’t have to worry about losing it.”
Atty. Rinkenberger, “I don’t see anything in it from what they gave us.”
Ms. Hartig, “They were showing in a report that we had over spent.”
Com. Evans, “I think part of that is we kept referring to that as CEDIT 2004, CEDIT 2005 and what they want us to do at the end of the year put it in so that it is CEDIT Fund 1, CEDIT Fund 2….”
Atty. Rinkenberger, “I think you are right, Bob, I don’t think we should do it. We don’t have to do additional appropriations with this money.”
Ms. Hartig, “I think they are calling it a re-appropriation but as far as I know, when I worked at the Environmental Office, it had to be done every year.”
Com. Evans, “Why don’t we approve it as an encumbrance?”
Ms. Hartig, “This is what confused me, is if it doesn’t go through the Council, the Auditor’s office won’t bring the balances over.”
Com. Harper, “So they haven’t brought the balance over?”
Ms. Hartig, “They have been, but I’ve been calling them and telling them every year that it is supposed to roll over. But now the State Board of Accounts is telling me that I need to do this.”
Com. Evans, “That’s what I said and we kept referring it to CEDIT 2004, CEDIT 2005 and then going back to the old years funding. What they want to do is have it CEDIT project 1, CEDIT project 2, regardless of what year it was appropriated. That is what is in the…”
Atty. Rinkenberger, “When we do our new plan which we are going to have to do, Bob, because our CEDIT plan is done in 2007. We are going to have to do a new plan for the money for 2008. Under the state law our plan can be up to four years but maybe this is something we can address in the plan. So why don’t we just….”
Com. Evans, “Yes, write it in the plan that it is automatic encumbering and committed to the next one.”
Com. Harper, “Let me just tell you what we are doing right here. I am just telling you right now. If the Auditor is going to insist on it, then it’s got to go in front of the Council. Because the Auditor is going to insist on it.”
Atty. Rinkenberger, “Well, if we take action, and that is all the State Board of Accounts asked for then the Auditor should know…”
Com. Harper, “That is all they are asking for.”
Ms. Hartig, “It is a request for re-appropriation or additional appropriations, as far as I know, it always had to go before the Council.”
Com. Harper, “Someone try and tell me why we can’t wait until the January 9th meeting.”
Atty. Rinkenberger, “I think you should then, I don’t think this is going to go before the Council, this is too much money. I can tell you right now that if the Council doesn’t re-appropriate it, it would be illegal for this money to do anything but roll over into the next year’s project.”
Com. Evans, “Except the state could stick it in the general fund.”
Atty. Rinkenberger, “No, they can’t. It’s not general fund money. That would be like sticking the jail bond money ….”
Com. Harper, “No, John, here’s what they did. They made a list of a bunch of things that they said where money was spent or the money wasn’t appropriated, okay? I mean, there is a lot of things, in fact there was a whole budget and they said that they didn’t have these budgets. Now we went back and got a lot of these budgets for them. I think that we should see if Gwenn, when she gets back from vacation, should try and sit down with the State Board of Accounts lady and get this straightened out and we will do what we have to do on January 9th.”
Com. Evans, “Either that or we just say we are required or complying with the state’s request at this point, how’s that?”
Com. Evans moved to comply with the State Board of Accounts’ request to put the CEDIT funding as depicted on our correspondence page at this date in accordance with their procedures and practices and we’ll clarify that at our next meeting and if there is any further action, it will be taken at that time, Com. Knoblock seconded, motion carried.
Atty. Rinkenberger, “Or you could make a motion, too, that you have reviewed these figures and agree that they should be rolled over into 2007 projects. I guess you know what happens is like we have something in our project, when we say Project 1, and then $400,000.00 from a project that falls through, then somebody is going to have to address that money, because if we don’t do the project then the money just sits there and somebody needs to revisit those projects, I don’t know.”
Com. Harper, “I say that next year we need to get some of these projects rolling.”
Atty. Rinkenberger, “I agree. Because this money, it is accumulating….”
Com. Harper, “And we’ve got a lot of work to do at the Expo Center, some work to do on the Opera House, I think there’s some work to do on the Jail. We need to get that system in Portage taken care of.”
Atty. Rinkenberger, “What’s project 12? That’s a huge sum of money.”
Ms. Hartig, “That’s GIS.”
Atty. Rinkenberger, “Well, we have already spent that.”
Ms. Hartig, “It’s not spent yet but it is set aside.”
Atty. Rinkenberger, “It certainly has been appropriated by plan amendment and approval by the Council.”
Com. Evans, “The check should have been written.”
Com. Harper, “I think we better, let’s just hold off, we’ve done what we’ve done, until Gwenn has a chance to talk to these people.”
Atty. Rinkenberger, “And maybe while I’m gone you could do a little thing telling me what each of these projects are because I think that’s why we’ve been so careful with our plan amendments, we don’t spend any money unless we do it by written plan amendment. So, it’s been appropriated once, appropriated twice.”
Com. Harper, “Then the Council is very aware that the law has changed now. This EDIT can be distributed.”
Atty. Rinkenberger, “Well, that is going to be a battle for our next plan. We already have our four for 2008 and 2009.”
Com. Harper, “I am telling you that calling attention to this money is going to make a worse battle.”
Atty. Rinkenberger, “Well, the State Board of Accounts is calling attention to this money.”
Com. Harper, “But, Gwenn you got to understand something. We were in a meeting where they have all these different budgets, okay, they said our entire Plan Commission didn’t have a budget, right, isn’t that what they said? Where’s the list? And they didn’t say we are taking the Plan Commission money.”
Ms. Hartig, “For some of the CEDIT projects in there, there’s a couple that say that we exceeded our budget and that is because they didn’t have a the additional appropriation pulling money over from last year into this year. So when State Board of Accounts looks at it they think we have run ourselves into the negative when actually we haven’t.”
Com. Evans, “So actually an encumbrance is more what we should be looking at rather than ….”
Atty. Rinkenberger, “Do they say every one that you had or did you just think we should do every one of those?”
Ms. Hartig, “I said do I have to do that with all the CEDIT projects for 2007 and she said yes.”
Atty. Rinkenberger, “That’s not what this was, they have no…..”
Com. Harper, “Here’s what we do, we take a plan and the CEDIT is an Indiana statute it says the Commissioners to come up with a plan and take it in front of the Council and the Council has the right to approve or not approve the plan. We did that. The plan was approved for four years. Anything we’ve changed in the plan, we’ve taken in front of the Council. Like we put money in there one time for the promotion for the Animal Shelter and that. Anything we’ve done different, outside of the plan has gone in front of the Council, any extra, anything. And the plan says this is Building Maintenance, this is this, this is that, you know and I question the State Board of Accounts on that. I really do.”
Atty. Rinkenberger, “I think it’s an accounting issue and not an appropriation issue. That’s what it is. They want their records to be clear and there’s a big difference between what’s an accounting issue and what’s a legal issue.”
Com. Evans, “Yes, they are talking about an accounting issue for the general fund and other fund items and we are talking about an economic development income tax.”
Com. Harper, “If we talk to them before the 9th.”
Ms. Hartig, “Well, the Council they meet on the 4th.”
Com. Evans, “We don’t want the Council involved.”
Atty. Rinkenberger, “Has it already been advertised?”
Ms. Hartig, “I can go to the Auditor’s office and pull it.”
Com. Harper, “Go pull it.”
Ms. Hartig, “Well, the deadline was Friday and I had to turn it in.”
Com. Harper, “Pull it.”
Ms. Hartig, “Okay.”
ABANDON 149 EXTENSION DISCUSSION
Com. Evans, “We don’t want to do that. That will start a dance we don’t want to do. Before we adjourn I would like to see if we can get a motion to abandon the 149 extension and throw our support behind the Willowcreek Road extension and convey that thought to the Indiana Department of Transportation.”
Com. Harper, “Why abandon it, why don’t we say that this time …”
Com. Evans, “Well, move it into priority.”
Com. Harper, “Because at some point it may get back, if we get the money together…”
Com. Evans, “Make Willowcreek Road the priority and move 149 back down in priority.”
Com. Harper, “Carole, what do you say?”
Com. Knoblock, “Let me think about that. We’ve been waiting for that 149 for ten years. But NIRPC dropped it.”
Com. Evans, “Well, the dollar amount is not going to allow it go through. We are talking probably 28 to 31 million dollars.”
Com. Knoblock, “But there is a subdivision that would go through it, we have to change it, it won’t go over it.”
Com. Evans, “And the whole thing, the last engineering said that they would probably be elevated from 130 to 30 which would make the cost just astronomical.”
Com. Knoblock, “Well, that’s state and Willowcreek would be county.”
Com. Evans, “Well, the state department of transportation will have to fund it if we put it in. They’ll make it, I mean, it’s not there yet, so it will be a state road from where it terminates at 700 right now to wherever it ends up.”
Com. Knoblock, “Do we have to make that decision tonight?”
Com. Evans, “No, I don’t think we have to make a decision tonight, but I think if it’s left they are going to…”
Com. Harper, “Well, lets put it off until the 9th, but I think there is a difference between abandoning 149 and make 149 a secondary because obviously, it’s not going to happen right now unless we get it back on the NIRPC schedule right now. Here’s what bothers me on that meeting tonight. I don’t understand how that at NIRPC really works, okay. I understand this, that when they took the money off of 149 all of a sudden two months later it was 100 South. So if somebody can get it done pretty fast, but do you know how that works, John?”
Com. Evans, “I think Visclosky holds the purse strings and he came and he told us…”
Com. Harper, “But how did he get that money transferred so fast? I don’t understand that and now if you want to transfer that money somewhere else, they are telling us write us a letter. Well, none of us wrote a letter about 100 South that I remember. Do you know what I am saying? I just don’t understand how that works.”
Com. Evans, “That was all the congressman’s doing. He wanted the money out of 149 and what he said was you haven’t done anything with it because of the cost escalation and it doesn’t look like you are going to do anything with it in the future, then let’s put the money where it can do some good. He really didn’t give us a choice.”
Com. Harper, “Well, no, I mean, he really didn’t ask us really, he just told us he was doing it.”
Com. Knoblock, “I didn’t even know he was doing it.”
Com. Harper, “Well, apparently, Larry had known it for quite a while, but that is… all right, we will act on it at next meeting. Anything else? I was going to give a speech about the Circuit Breaker but there’s no one here to give it to.”
Com. Evans moved to adjourn,
Atty. Rinkenberger, “You don’t want to adjourn, what if something happens? And you may have to call one.”
Com. Evans, “It’s the last meeting of the year.”
Ms. Hartig, “No one will be here.”
Atty. Rinkenberger, “You guys going to adjourn or recess? I’ll be back by the first but I am afraid if you adjourn, something might come up and you might have to do something before December 31st.”
Com. Harper, “All right, we will recess.”
Atty. Rinkenberger, “You never just want to adjourn.”
Com. Harper, “I’ll tell you what we don’t want to do, we don’t want to take that money from the Council, that’s what we don’t want to do.”
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: James K. Kopp, Auditor
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