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PORTER COUNTY BOARD OF COMMISSIONERS The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, March 6, 2007 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.
President Harper called the meeting to order with the Pledge of Allegiance.
Com. Evans moved to approve the payroll of March 5, 2007, Com. Knoblock seconded, motion carried.
Com. Evans moved to approve the minutes of February 6 and February 20, 2007, Com. Knoblock seconded, motion carried.
Com. Evans moved to approve the claims of February 22 and March 1, 2007, Com. Knoblock seconded, motion carried. Com. Evans, “I might add that the system seems to be working fairly well.”
APPROVAL OF CHILDREN’S ADVOCACY LEASE Com. Harper, “I assume there has been no changes since you submitted this to us, correct?” Ms. Polarek, “Not since submitting it. There are some changes from the original proposal, but there has been nothing since I sent it over to Melissa.” Com. Harper, “I have reviewed it and don’t have any problems with it. Does anyone have any problems with it?” Com. Evans, “I’ve looked at it as well. I don’t have any problems with it.” Com. Knoblock, “I’m fine.” Com. Harper, “It’s for ten years and John, do you have any problems with that?” Com. Evans, “No, not really. I think you are going to spend a lot of money to get it into the position you want it and I don’t blame you, normally, I might say that might be a little bit of long term, but if you are investing that much money, you ought to be able to know you are not going to get evicted.” Ms. Polarek, “I know we originally submitted a proposal for twenty and Attorney Rinkenberger thought that might be a little bit too long. So we cut it in half.” Com. Harper, “Do you have your insurance things all in place now?” Ms. Polarek, “We are working with Mr. Anton in doing that. I have one last one, I have to get the City of Portage on board but Mr. Anton has been very good about getting all our ducks in a row with that.” Atty. Rinkenberger, “Is it occupied?” Ms. Polarek, “No we are still renovating. So we’ve got the contractors in there and I have been in there recently and they are doing good.” Com. Evans, “Do you have builder’s liability or builder’s risk with what you are doing there right now?” Ms. Polarek, “Yes.” Com. Evans moved to approve the contract, Com. Knoblock seconded, motion carried. Ms. Polarek, “Thank you very much. Do you guys want to continued status or how do you want to do that?” Com. Harper, “Maybe about eight weeks let us know what is going on.” Ms. Polarek, “Okay.” Com. Harper, “And you are working with John, I assume, so you are in contact with this.” Com. Evans, “Have you targeted a move in date?” Ms. Polarek, “We haven’t really, we are basically trying to make sure all our ducks are in a row before we start doing that, so I am happy with the renovations now and we’ll be in the very near future.” Atty. Rinkenberger, “And we cover the utilities? So that comes out of what budget?” Ms. Hartig, “Right now I am paying the NIPSCO and Kankakee REMC out of the general fund budget.” Ms. Polarek, “I am hoping that those bills will go down, too because we are completely doing a new furnace throughout the house which is part of the reason the bills were so high from the beginning. So I am hoping we will actually get that down when it will be occupied.” Com. Evans, “Put some insulation in the walls.” Ms. Polarek, “That too.”
ABITIBI PAPER RECYCLING SERVICE Ms. Davis, “I thought I gave some information to Melissa but it might have been too cumbersome. Rita Mazza with Abitibi Consolidated representing the paper retrieval program is here as well and would like to speak with you about recycling. Basically, promoting recycling at the North County Complex. I understand that recycling is happening now at that facility through one of the private waste haulers. But the Abitibi Consolidated Paper Retriever program is a program that is offered to not for profit entities which would include governments to take only every type of paper product except for cardboard and the program doesn’t cost the governmental or not for profit agency and actually it is a payback to the entity. In fact, the program is throughout Portage and the Duneland School Systems and it’s been a very successful program and the district actually has five paper retriever boxes at two of our drop off recycle locations, one in Chesterton and one in Portage. And the volumes of paper that come in through the boxes that the district sponsors, we receive between $200 and $300 a month. So, it is a revenue generating program again for the coast facility.” Com. Harper, “So are you here tonight asking to put these in?” Ms. Davis, “Correct.” Com. Harper, “Just in Portage?” Ms. Davis, “Just at the Portage facility, correct. There are some prohibitions that we need to speak to that about how far west, I’m sorry, east, and south that they are able to service and they are not able to come into the Valparaiso area.” Com. Harper, “Like in the school systems and that, I’m sure some of their documents they are not able to put in.” Ms. Mazza, “We take shredded as well, we sure do. You know, newspapers, magazines, catalogues, things that are stapled, paper clipped.” Com. Harper, “I think it would be a good idea.” Com. Knoblock, “Is there something different about phone books?” Ms. Mazza, “Well, paper fiber can only be recycled typically seven times for a good quality pulp. After a while, it’s just not quality pulp, so a phone book, you know, rips easily, the ink smudges. Abitibi, the company I represent makes newsprint for newspapers so we are making paper from paper and phone books don’t really give us the pulp that we want. So we love phone books, they are wonderful, but we per se, don’t want them for what we are making.” Ms. Davis, “In conjunction with the way the recycling is done at that building right now, I have spoken with Charlotte Miller with the Maintenance Department here, and what we are going to do is in addition to these what they have at your desks, the black container over there which is now in this building, the district is going to purchase additional containers like that to be placed at the North County Complex. And that is for the collection of bottles and cans to keep that material separate to make it easier on the Maintenance Department, too. You can only have paper into those containers.” Com. Harper, “And the container on the front page of this pass out is what you plan to have up there, is that right?” Ms. Mazza, “That is the only containers that we really have. They are six feet by six feet by sixteen, they hold seven cubic yards, they go out in the parking lot. We can provide inside, we put banker’s boxes, you know they are the box that you fold, that say we want your paper. We can provide those for inside but it is up to them to figure out how to get it out to the larger container. There is no contract, there is nothing that locks you into anything with our program. If you get the program, you don’t like it, you simply call us and say it is not working, and we pull it. If you get it and you really, really like it and just a phone call to say we want another bin. There is never a contract that locks you into anything.” Com. Harper, “I think we should give it a try.”
Com. Evans, “Other than being environmentally conscious and aware of what’s going on, what’s to encourage the typical homeowner to use this service as opposed to throwing the newspapers in their trash.” Ms. Davis, “If you think about it, this building and the North County Building as well, what is the major waste that is being generated, it’s paper. So, from the building itself you are going to get a lot of paper. If you may have noticed the high school in Chesterton, they started out with maybe two, or maybe one bin and now they are up to four. It’s been very successful. And it’s not only the school, it is the neighborhood.” Com. Harper, “How are you going to get the word out?” Ms. Davis, “We certainly will go in as staff and educate the employees of the building. I would like to promote it at the Porter facility as well, as this is an opportunity for them to bring material over there. And then through promotions, and the newspapers.” Com. Harper, “This will advertise itself.” Ms. Mazza, “We provide, there’s a DVD, a 7 minute DVD that shows how it works. We have posters if you need posters. We have door boxes if you need that. We do actually supply some promotional materials if you need it.” Ms. Davis, “And I think more importantly, if they are recycling already, at that facility, and the Maintenance Department is already and the personnel are used to that it is just a shifting of materials from one outside container to a different container.” Com. Evans moved to accept the recycling program, Com. Knoblock seconded, motion carried. Com. Harper, “Thank you for bringing this to us.” Ms. Mazza, “Certainly. I do have a little bit of paperwork like who the check is to be made out to. Who should I ..” Com. Harper, “Give it to Melissa.” OFFICE HOLDERS/DEPARTMENT HEADS
Approval of contracts for Marshall and Jasper Counties Com. Harper, “You have one agreement or a series of agreements?” Mr. Perkins, “Two.” Com. Harper, “The Marshall County agreement?” Mr. Perkins, “And the Jasper County agreement.” Com. Harper, “Are these pretty much basically the same agreements we’ve had?” Mr. Perkins, “Yes, they are essentially the same as last year.” Com. Evans, “What about the fee? Increased?”
Mr. Perkins, “No, it is the same as last year.” Atty. Rinkenberger, “Marshall County is three beds for $71,500.00. Did we used to contract for more than Marshall and Jasper?” Mr. Perkins, “Those are the only ones we actually contract for. We have others we hold for as needed.” Com. Evans, “Do they pay a higher rate?” Mr. Perkins, “A higher rate; $10.00 a day more.” Com. Evans moved to renew the contracts, Com. Knoblock seconded, motion carried.
Approval of Service Proposals from Johnson Controls Sheriff Lain, “There are two items that need some fairly expedient repairs. One being a pump that circulates hot water and the other being a frequency control for air handlers. I won’t pretend to tell you what that all means, but we need it.” Com. Harper, “Well, the pump is a continued problem, right?” Sheriff Lain, “Correct. It’s misaligned and it wears bearings out at a frightening rate. It won’t take long to recoup this investment as compared to replacement bearings.” Com. Harper, “What’s the amount of it, they are one time contracts, is that correct or not?” Sheriff Lain, “Yes, it is for replacing, I don’t have the exact figures for replacing the water pump, but roughly I think $4,800.00, or $5,000.00 and for the air handler, $1,800.00?” Atty. Rinkenberger, “$1,755.00.” Com. Harper, “It would come from Fund 233?” Com. Evans moved to approve both service proposals, Com. Knoblock seconded, motion carried.
Public Safety WCAN project Mr. Griffith, “Actually I have two; one is a proclamation for Severe Weather Week. This is the Indiana Severe Weather Awareness Week from the National Weather Service effective tomorrow we will have the statewide tornado drill at 9:00 a.m., or 9:30 in the morning and then again at 6:00 at night. It will make the sirens and all the radios and all that, we will be working in conjunction with the National Services of the State of Indiana. We would really like to have the proclamation.” Com. Harper, “Do you want to read the proclamation?” Mr. Griffith, “I can do that. It basically says:
SEVERE WEATHER PREPAREDNESS WEEK
WHEREAS, The months of March through June present the highest risk for severe thunderstorms and tornadoes to strike Porter County; and
s/Robert P. Harper Com. Evans moved to approve the proclamation, Com. Knoblock seconded, motion carried.
PUBLIC SAFETY WCAN PROJECT Mr. Griffith, “The next thing is on the Homeland Security, the community to work to develop a wide area (inaudible)… networking by all police, fire, EMS agencies and it’s basically putting mobile data terminals in a car to allow them to trade information, sending email pictures back and forth and stuff like that. There is a Homeland Security Grant they want to spend $395,985.00. Miner Electronics is putting a similar system in LaPorte County and Lake County and to make it compatible with those two counties, they would like to go directly with Miner Electronics and purchase that. I have reasons for that and then the community aid members have all signed it on the back to show their support of this project.” Atty. Rinkenberger, “And the reasons for going directly with Miner are?” Mr. Griffith, “Nobody else can become compatible with the other two counties and if we refuse a different vendor, we may not be compatible with them and then we would be right back where we are now not able to communicate to the wide area. They have the software and the equipment, they already have bids in place through the state for doing this, most of their stuff is already covered by the GPA, Government Purchase Agreement, and they have the knowledge and skills. They have a lot of our equipment already in place but they’ve already got the systems in place in two other counties. And to make it compatible with them, they are the only vendor that can provide that.” Com. Harper, “Let me clarify this a little bit. This is an application for this grant, not just by you.” Mr. Griffith, “No.” Com. Harper, “But by Portage Police Department, the Chesterton, the Valpo, all the fire departments and everything because that is the way it is set up under Homeland Security.” Mr. Griffith, “That’s correct.” Com. Harper, “And you just happen to, at this time, to be working on…” Mr. Griffith, “I’m the avenue the money goes through.” Com. Harper, “You are working on the paperwork for it and representatives from all these departments meet and decide what project they are going to apply for.” Mr. Griffith, “Yes.” Com. Harper, “And it is my understanding a couple of them have veto powers due to their size, is that correct?” Mr. Griffith, “Yes. The largest paid fire department, the largest paid police department and the sheriff’s department.” Com. Harper, “All these agencies have veto power? They all have to sign off on it although everybody else got together and worked on this project.” Mr. Griffith, “That is correct.” Com. Harper, “It is also my understanding we don’t know if we are going to be keeping this grant or not.” Mr. Griffith, “The grant has been approved by the state. It is just a matter of you have to approve me to move forward.” Com. Harper, “I thought there was a deadline.” Mr. Griffith, “No, that was all extended. Because the state wasn’t ready either, so, they extended the deadline. We’ve got until April 5th to do that.” Atty. Rinkenberger, “So you are requesting our authority to proceed with Miner to supply the needed equipment.” Com. Evans, “Upon receipt of the grant. Because we don’t have the grant yet.” Mr. Griffith, “What we will do is once they get, once we authorize this, they issue an invoice, we send the invoice to the state and the state will send some money up here to our account. Once the project is done you authorize it, we pay it. We don’t put any out of pocket money.” Com. Evans, “So there is no approval process?” Mr. Griffith, “The state has already reviewed it and approved it. It’s just a matter of you approving it because it’s your county. Then when you approve it and we get an invoice we send it down, the state electronically sends a check to the Auditor’s Office and puts it in that account. Once we are happy that the project is completed, then we go through the normal process to pay them.” Com. Evans, “And your concern is that we didn’t bid the project because there is nobody other than the one supplier, okay, I understand.” Com. Harper “And everybody, the Sheriff’s Department and all these various departments signed off?” Mr. Griffith, “Yes, they did.” Com. Evans, “They are all here, Portage police, Portage fire, Valpo police, Valpo fire.” Mr. Griffith, “Dave Sheibels, 911, Porter County Fire Association.” Atty. Rinkenberger “It says the Task Force makes the following recommendation: Porter County Commissioners of Porter County wherein the public safety WCAN project and Miner Electronics.” Com. Evans moved to approve, Com. Knoblock seconded, motion carried.
APPROVAL OF REASSESSMENT TECHNICAL ASSISTANCE CONTRACT Atty. Rinkenberger, “It’s in your binder, it’s a contract for general reassessment technical assistance for the tax year 2007 to assist the Assessor to gather data and assist in the protection of value estimates relative to construction for tax year 2007. The fee is $380.00 plus expenses per day per employee not to exceed $10,000.00 and that comes out of the township, the Portage Township Assessor’s budget, correct?” Ms. Montgomery, “Correct.” Atty. Rinkenberger, “And you have the money budgeted to pay for this contract?” Ms. Montgomery, “Yes.” Com. Harper, “And they did work for you last year?” Ms. Montgomery, “Yes, they did.” Com. Harper, “And that work was approved by the state, wasn’t it?” Ms. Montgomery, “Yes, it was.” Com. Harper, “That’s our concern.” Com. Evans, “And this is with Clemmon-Shaw?” Ms. Montgomery. “Yes.” Com. Evans moved to approve the contract, Com. Knoblock seconded, motion carried.
APPROVAL OF CATERING CONTRACTS Com. Harper, “Is John Thorstad here? This is the approval of catering contracts. This is annual catering contracts.” Com. Evans, “There’s Billy Jack’s; they all have their insurance requirements in there as well, there’s Birky’s Catering; we should at least mention who they are.” Atty. Rinkenberger, “We should name each caterer.” Com. Evans, “I’ve got three, but I can’t read this other one. Master Caterers would be the third one; Still Smokin’ BBQ is the fourth one.” Atty. Rinkenberger, “Strongbow Inn.” Com. Evans, “Would be the fifth one and that may be the last one.” Com. Knoblock, “Strongbow’s; did you get that?” Com. Evans moved to approve the five contracts for the Expo Center, Com. Knoblock seconded, motion carried. REPORT FROM COMMISSIONERS 1. Arbor Lakes Estates Road Agreement, located on the north side of CR 100 North between CR 350 West and CR 500 West. Offer to contribute $750.00 per lot for a total of $66,000.00. Owner and subdivider is Donald W. Blum. Recommend approval. Com. Harper moved to approve, Com. Evans seconded, motion carried. 2. Pheasant Hills Subdivision, Phase A, parts 1 and 2 Performance Letter of Credit #00496 from Centier Bank in the amount of $75,000.00. Expiration date is January 29, 2009. Recommend approval.
3. Pheasant Hills Subdivision, Phase A, Part 1 Maintenance Letter of Credit $552 from Centier Bank in the amount of $28,000.00. Expiration date is January 29, 2009. Recommend approval. Com. Harper moved to approve, Com. Evans seconded, motion carried. 4. Union Minor Subdivision $437-D-1 Road Agreement, located on the west side of CR 600 West between CR 50 North and CR 100 North. Offer to contribute $750.00 lot for a total of $1,500.00. Owner & subdivider is Keith Sweeney. Com. Harper moved to approve, Com. Knoblock seconded, motion carried. 5. Union Minor Subdivision #437-D-1 Road Agreement, located on the west side of CR 600 West between CR 50 North and CR 100 North. Offer to contribute $750.00/lot for a total of $2,250.00. Owner and subdivider is John F. and Patricia A. Sweeney. Recommend approval. Com. Harper moved to approve, Com. Knoblock seconded, motion carried.
Beam, Longest and Neff was awarded the contract for Construction Inspection for the Rehabilitation of Porter County Bridge 58, Project No. BR 9964, Des. No. 0301013. Enclosed is the fee justification and agreement between Beam, Longest and Neff and the county for the Bridge Rehabilitation Construction Inspection for Bridge 58, Baums Bridge Road over Kankakee River. This project is tentatively scheduled for a June 2007 letting.
Com. Harper, “And I assume we are going to go ahead and sign those if there’s no CORRESPONDENCE
Clerks monthly report for January 2007 is on file. Approval of software license agreement for Auditor’s printer Com. Harper, “Sharon, what is that about?” Ms. Lippens, “We currently have a license for a product called Time-a-press and we use that to produce custom forms like the expense checks and purchase orders and welfare checks and this is in addition, it is licensed by Printer, this is an addition license so we can send forms and reports to an additional printer in the Auditor’s office so that they can receive reports in their own office and not have to wait for them to be printed.” Com. Evans moved to approve, Com. Knoblock seconded, motion carried. Com. Evans, “Can I stop for a minute, I don’t want Sharon to escape. Tell us about the assessment journey you took looking at the software. I’ve got so many glowing reports from so many township assessors. Is this something that was never available in the past and is now?” Ms. Lippens, “I think it was never known about in the past because counties have already had their contracts and with the state initiating the certification process, it has brought companies from outside of Indiana to want to begin working with Indiana counties, especially with the closer we get to market value which is what most other states do, then it kind of opens up the selection for Indiana to go with other vendors because other vendors didn’t want to have an Indiana package because it was so specific for Indiana. I was introduced to this company Hamar Enterprises by Madison County at the state meeting when they unveiled the certification process. And Madison County had already seen them and spoke with them. They were at the meeting as well and Deb and I did go down to Texas for a week; we spent probably two and a half days at least at the corporate office going over all types of Indiana specifications, report samples, things like that going over the basic use of the software comparing it with what we have now and then we went to three customer sites to visit. They do things a little bit different but we went to one of their assessor’s offices, spoke to the people there, went to some of their auditor’s and the treasurer’s, things like that. One of the things we were very impressed with was it does have built in financials and it has built in forward and backward year capability. The counties in Texas are, Indiana rule says that when you’ve collected your tax dollars for June 10th or November 10th, that you have 51 days to distribute before you pay interest. In Texas, it’s one. So, when they collect the money, they have to distribute it tomorrow or they pay interest. So they do settlement every day. And software tracks it, they hit a button and they have settlement. They do, they send checks every day or electronic deposits every single day in Texas and that was such an amazing process to us seeing the difficulties we’ve had trying to get settlement done and twice a year, to know that capability was there, whether we chose to do it weekly or monthly or twice a year would be our option. But knowing it could be done every day to keep a check and balance of where we are instead of trying to balance six months worth of work at once was really exciting. As well as all of the features and functions that the state of Indiana requires plus some. We did have a demonstration here at the county, we invited the Auditor, the Assessors and Treasurer, most all of them attended. Auditors and Treasurers were very excited, they were thinking this is what we need, can we have it tomorrow. All of the Assessors were very excited, they had one general question that had to do with how they sketch the homes and I did get an answer on that today, but it was more of a well, we would really like to have that function, but if we don’t, we can live without it. And it is there. Ten of the twelve township assessors did attend the demo and I spoke to all ten personally and they all felt this would be a good solution for the county and we are hopeful it can be implemented soon. I am not sure if you received my letter, I emailed you a letter of recommendation kind of outlining what I just spoke about as well as the response that I got from all the people at the demo.” Com. Knoblock, “Is this where you have to have the cable?” Ms. Lippens, “No, that was a misunderstanding by John. The system is connected the way any system is connected today. If you are in a county building, you would be connected directly, if you’re outside the county building, you would have some type or remote connection like North County has a wireless connection today.” Com. Knoblock, “We don’t have to pay for the cable then?” Ms. Lippens, “No. Other townships may have cable internet, they may have DSL internet, they may have dial up internet, it does not matter how the connection is.” Com. Evans, “They’re approved by the state?” Ms. Lippens, “No one is approved by the state yet, the state has not opened the certification process yet. They unveiled the procedures but they have not allowed any vendor to apply yet.” Atty. Rinkenberger, “But we have been advised by the state that we can execute a contract as long as we put in that contract that conditional upon certification of the state.” Ms. Lippens, “Correct. One of the things I mentioned in the letter was that Hamar is, one of the things about their contract that I thought was very unique was that the minute you buy their software you get their source code. You can do anything you want with the source code as long as you don’t sell it or give it away to anyone else and if there were to ever think about combining or buying another company, they would have to have our written approval first. If we say no, we get to keep the source code and if they go out of business we get to keep the source code. So it was a lot of the problems we had in the past with software vendors getting bought out by someone else and getting dropped and all those things seemed to be addressed to benefit the county and that looked like a really good solution. It’s also designed to run on the county’s mainframe which gives the users the web look so they have the look and feel of the web interface so is someone off the street comes in, doesn’t understand how to use the mainframe, but they know how to point and click, and do drop down boxes, they are going to understand how to use this quickly. But yet they get all the power of the mainframe and the support from the IT staff as well.” Com. Knoblock, “This will work with the Assessors, the Auditors?” Ms. Lippens, “Correct.” Com. Harper, “I think on March 17th, I believe the Council is tentatively planning a meeting either on that Saturday or the following Monday to go over the entire, you know another one of those review meetings, that’s what they told me, at status meeting, do you think everybody will be ready to sign on with this by that time or not?” Ms. Lippens, “The consensus I’ve gotten from all of the users is that they are ready to go. The one thing I’ll bring up if you haven’t read my memo yet, is that we are in competition with Madison County. The first county that signs, gets the first county discount and it’s about $80,000.00. If Madison County signs first they will get the discount and they will drive the customization because this company is not in Indiana yet, they will drive the customization for Indiana and then all Indiana counties will get that version with additional customizations later.” Com. Knoblock, “Did you say eight or eighty?” Ms. Lippens, “$80,000.00. If Porter County signs first, then we get to drive the design for Indiana and it will be then the motto for all the other counties, but anybody that signs after would not get that discount.” Com. Harper, “Let me ask you this. Because the statute says that the software is to be picked by the assessor…” Ms. Lippens, “No, I have it downstairs. It says that in a county where there are not elected township officials, it is to be chosen by the assessor. If a county has elected township holders it is to be selected by a majority vote of the township assessors.” Com. Harper, “Well, I need to see the law.”
Com. Evans, “Well, I can tell you the assessors that I heard from all are really impressed.” Com. Evans, “The whole thing has come about so quickly.” Com. Harper, “It should have been on our agenda to give these people a chance to come and tell us where they’re at. If we are going to do it in two weeks, or we can hold a special meeting.” Com. Evans, “Let’s do a special meeting because I would say $80,000.00 is a significant amount of money.” Com. Harper, “What about Monday night? What about Monday evening?” Com. Evans, “Does that meet the three day notice and whatever we can…” Com. Harper, “Yes.” Com. Evans, “Melissa, can you contact all the assessors and ask them to be here?” Atty. Rinkenberger, “Why don’t you bring that law up first.” Com. Harper, “I am just telling you this was not on the agenda tonight, I just feel like a freight train has hit.” Ms. Lippens, “I think they should all be here to be able to express their feelings to you as well because they are the ones that have to use it.” Com. Harper, “So I want to hear what they have to say.” Com. Evans, “Just because we didn’t know doesn’t mean we can become informed and it doesn’t mean we can’t act quickly. There’s an $80,000.00 incentive, I think it should be pursued.” Ms. Lippens, “The other option is that if we are not the first county to sign we’ll have to be delayed until unless they get the Indiana customizations done. But as of now, we are . . . “ Com. Evans, “Do you know anyone that’s is objectionable to it? Any of the people that have reviewed it?” Ms. Lippens, “No.” Com. Evans, “Is there anything that you would like to see it do that it doesn’t currently do or can’t be adjusted to do? And is not about half the price of all the previous software that we’ve been purchasing?” Ms. Lippens, “It depends. If you look at the price, the overall price, without the discount, is $4,400.00. We paid $2,280.00 for Plexis by itself?” Com. Evans “And for how long was that contract good? Less than six months. And then they became somebody else?” Ms. Lippens, “Right.” Com. Evans, “They didn’t support the program and we had to buy from the same people who formed a different company under a new name.” Com. Harper, “Know how we got into that problem? We didn’t take our time.”
Com. Evans, “No, there were two companies at that time and now there is only one. And the state had to approve the agency from which it was purchased.” Com. Evans, “And then they instituted the new rules and gave us the market value situation of now so I mean, it’s …” Com. Harper, “Let’s put it over.” Atty. Rinkenberger, “I would like to look at the case statute to make sure, before you notice the meeting.” Com. Harper, “We are not going to vote on this tonight.” Atty. Rinkenberger, “I know, before you even notice the meeting.” Com. Harper, “If we have everybody’s consent at the meeting I guess we can go ahead and do it if everybody that is required to consent.” Atty. Rinkenberger, “That’s what I am trying to figure out. Who is required.” Com. Harper, “I think it is the assessors’ decision, that is my opinion but we will have to look at the statutes and see what they say.” Com. Evans, “You review the statute and if we need to cancel the meeting then we will send out a press notice otherwise, keep the notice out. Monday, what time?” Com. Harper, “6:00.” Approval by Prevent Child Abuse Porter County to proclaim April as Indiana Child Abuse and Neglect Prevention Month and to place blue ribbons on trees from April 15 through the 30th (at courthouse and administration center) Com. Harper, “The next thing is a letter and I usually don’t take the time to read it, but I am going to read this from the Porter County Child Abuse Council. I think Cheryl left, she probably didn’t know we were going to do this. This is addressed to John, Carole and I. “On behalf of the Child Abuse Council of Porter County, Indiana, we are asking you to issue the enclosed proclamation declaring April, 2007 as Indiana Child Abuse and Neglect Prevention Month of Porter County. April is designed nationally as well as Indiana as the month to raise awareness and demonstrate commitment to preventing child abuse in all forms. Issuing the proclamation for the citizens of your community is one way to help educate the public about the ways to prevent a very serious tragedy harming tens of thousands of Hoosier children each year. In addition to issuing the proclamation there are several other things that you can do to make April 2007 a very successful child prevention month in Indiana. The blue ribbon is a symbol nationally for preventing child abuse and neglect. You can be a blue ribbon leader for our 2007 child abuse prevention efforts if you allow PCAPC to decorate the trees at the county building area with blue ribbons from Sunday, April 15 until Monday, April 30. Ask everyone, adults and children to wear and display blue ribbons throughout April to honor or celebrate the adults who are making contributions and being positive role models in the lives of their children, encourage local business and government agencies to promote child abuse and neglect, prevention and awareness in their marquees and newsletters and discounts to adult who volunteer for kids, etc. The well being of our children touches and impacts each of our lives, even the most fortunate families will need help sometime during their child’s development. A caring and responsible community will be prepared to offer help when it’s needed. Ultimately, this is how we will prevent child abuse and neglect.”
Indiana Child Abuse and Neglect PROCLAMATION
Whereas, Porter County is committed to ensuring that all of our children thrive, are safe and have caring and supportive families/communities; Dated this 20 day of March, 2007.
s/Robert P. Harper Com. Harper, “Do I hear a motion to approve the Proclamation and give them permission to put up their ribbons?” Com. Evans, “Absolutely.” Com. Evans moved to approve the proclamation and to put up blue ribbons on the trees, Com. Knoblock seconded, motion carried. Request for approval of official bond for Jean Swanson, Liberty Township Assessor in the amount of $15,500.00 Com. Evans moved to approve, Com. Knoblock seconded, motion carried. Approval by Sheriff Lain to proclaim March 11 through March 17 as Porter County TRIAD Week Sheriff Lain, “At the moment, I am wearing my Porter County TRIAD hat. TRIAD is more than just a hospital. TRIAD is actually a group of very interested, very energetic, very dedicated people throughout Porter County that are working to create a network to meet the needs of Porter County seniors. We are very excited that next Monday afternoon at 2:30 upstairs in Room 309 Indiana Attorney General Steve Carter will be here along with a number of dignitaries, hopefully some are present this evening, for our rededication ceremony and as such, we would hope that the Board of Commissioners would proclaim next week as Porter County TRIAD week in honor of that rededication of this group that really does tremendous good for our seniors.” Com. Harper, “The proclamation reads: PROCLAMATION
WHEREAS; the people of Porter County have an abiding respect for the senior citizens of our community; and Dated this 20 day of March, 2007.
s/Robert P. Harper Com. Knoblock, “What time next Monday?” Sheriff Lain, “2:30.” Ms. Davis, “I believe it’s at 10:00 a.m.” Sheriff Lain, “Oh, is it? 10:00 a.m. I do have something at 2:30 but come to think of it, it is not that.” Com. Evans moved to approve the proclamation, Com. Knoblock seconded, motion carried. Approval by The ARC to proclaim the month of March 2007 as Developmental Disability Awareness Month Com. Harper, “Is someone here on that? All right, John, it’s your turn.”
County of Porter Executive Order Proclamation TO ALL TO WHOM THESE PRESENT MAY COME, GREETINGS:
Whereas, the month of March, 2007, has been designated as “Developmental Disability Awareness Month” to celebrate and recognize people with developmental disabilities by the Governor of the State of Indiana; and NOW, THEREFORE, We, the Board of Commissioners of Porter County, do hereby proclaim the month of March, 2007, as DEVELOPMENTAL DISABILITY AWARENESS MONTH In the County of Porter, and call upon citizens of Porter County to observe the month with appropriate programs and activities; furthermore, we encourage the citizens of Porter County to seek counsel and input from any person or group with knowledge and expertise in matters concerning developmental disabilities.
IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be affixed, the great seal of the County of Porter, at the Board of Commissioners office, this 20th day of March 2007. Com. Evans moved to approve the proclamation, Com. Knoblock seconded, motion carried. Com. Harper, “I just had a thought. Melissa, why don’t you contact Dan Whitten of the Council tomorrow morning and tell him we are holding this special meeting and not only are we holding it on a Monday night, we are having the assessors. He might just want to combine this with his update on what we are heading with the tax bills and so forth because I know they were planning on holding a meeting.”
SAFETY COMMITTEE REQUEST FOR FUNDS Mr. Anton, “I don’t have a proclamation but I do have a request. I am here today representing the Porter County Government Safety Committee. A year ago roughly we came before you and presented an employee safety handbook which you gentlemen and lady approved. During that conversation, we talked about enhancing communications between the Safety Committee and the employees and creating some programs within the Safety Committee to promote safer environment for all. And we told to come back and we are here to talk about that and I am back tonight to request from you, the Board of Commissioners, to consider transferring $5,000.00 from the Porter County Government Insurance Fund line item to the create a budget for the Safety Committee for the promotion of enhanced communications and set up programs to set up a safer environment for the county employees.” Com. Harper, “Let me say this. The Safety Committee was formed and you guys have done a lot of good work One of the things you have done is work on workman’s comp cases to educate the employees on safe work conditions and safe practices and so forth. It is my understanding we are seeing some results, hopefully it is the result of the Safety Committee because our losses in the workman’s comp area have gone down which has created a surplus which are much in excess of what you are asking for. So, I think it is a great committee, I think you guys donate your time to it and I think we should do it. I don’t know how the other two Commissioners feel about it.” Com. Evans, “I concur. I think it is a very worthwhile project and I was kind of looking forward to taking the trip around to check the accident intersections again to see if we could create some more savings for the county. The only objection I have is whoever writes those minutes for your meetings, the grammar sometimes.” Mr. Anton, “We’ll work on that.” Com. Evans moved to approve the request for $5,000.00, Com. Knoblock seconded, motion carried. Ms. Hartig, “How much are we …” Com. Harper, “$5,000.00. And this will be a transfer. Request for transfer of funds—Highway
Fund 26 $25,000 from acct 3951 railroad crossings To replace foreman’s truck. Com. Evans moved to approve to replace the south county foreman’s truck, Com. Knoblock seconded, motion carried. Request for additional appropriation—Highway Fund 25 $183,000 acct C-499 Baum’s Bridge/58 Engineering inspection and construction costs. Com. Evans moved to approve, Com. Knoblock seconded, motion carried. Fund 02 $1,500 acct 4510 Data Processing Software to track equipment maintenance. Com. Evans moved to approve, Com. Evans, “Do they have hardware that will run this program? They are still way back in the time zone.” Com. Knoblock seconded, motion carried. Request for additional appropriation—Commissioners Fund 293.30 $3,841.77 acct 0001 CEDIT Project #9 (2005) To pay final invoices for the 2006 Document Imaging project. Com. Harper, “This next one is for money from a CEDIT project for a final invoice for the 2006 Document Imaging Project. What is that, money, tell me how we are going to have an additional appropriation out of the CEDIT project.” Ms. Hartig, “It would be an additional appropriation out of unallocated into . . .” Com. Harper, “Is there a rush on this?” Ms. Hartig, “I have had the invoice since probably early November of last year.” Com. Harper, “Let’s take a look at that. Maybe we can, we are going to have to go in and look for the minimum for the projects we are working on right now. There’s several things we have to address. And I think we should do this all at one time, to get an amendment from CEDIT to take in front of the Council. The several big projects are going to have to go out.” Atty. Rinkenberger, “The thing that happens, when we do our written amendment, the Auditor’s office assigns a new line item or project number to projects that have already have line items and project numbers and the bookkeeping gets all, you know, when we amend a plan it’s normally to add a new project, not increase money to a new visiting project so we thought maybe this would be cleaner in the bookkeeping so they wouldn’t go through and start a plan with a whole other line item and project number. Let’s hold off and find a different way.” Com. Evans, “I hate to put the company off again, because they really have done their job and they should be paid. Is there any other way to do this?” Ms. Lippens, “I don’t think they will have a problem waiting.” Com. Evans, “You sure? Okay.” Com. Harper, “Because we are going to start working on an amendment CEDIT plan and get it all done at once.” Com. Evans, “We’ve got a bunch coming up.” Ms. Hartig, “Should I put it back down for the 20th?” Atty. Rinkenberger, “Why don’t you put in on a sheet of paper with all the other ones we are planning on doing and we’ll put it in writing and do everything else at one time.” Com. Harper, “Now, is there anything I missed on the agenda? John, do you have something to say?” NORTH COUNTY HIGHWAY GARAGE PROPERTY DISCUSSION Com. Evans, “Yes, this is not on the agenda but we spoke about it at last meeting and that is the Highway Garage. Some new developments have come to light. The property that we talked about previously is currently in the process of changing hands or has changed hands. The new owners are in the process of annexing, being annexed, asking for annexation, into the town of Chesterton. But there is another piece of property that I have become aware of that I would like to pursue. I don’t want to bind the county into anything at this time, but I am afraid that given the current economic trends that the property may indeed slip through our fingers. I would like to ask permission to put some earnest money on the property in order to hold it so we can have land appraisals done and see if it is something that would be a good move for our Highway Department.” Com. Harper, “So you are asking authority up to…” Com. Evans, “$10,000.00.” Com. Harper, “Do you have a problem with that, Carole?” Com. Knoblock, “No.” Com. Harper, “Could someone make a motion?” Com. Evans moved to approve the allowance of $10,000.00 earnest money contribution towards the future purchase of property, Com. Harper, “And it would be just to hold it and to give it time to start to get appraisals.”
Com. Evans, “We’ll write the contract for the earnest money so we are protected. Won’t we?” Com. Harper, “Well, if you hold a person’s money or land for so long without them being able to sell it to someone else. We may not be able to get a refund. If you keep it off the market for so long, it will have to be what they negotiate for.” Com. Evans, “I don’t intend to hold them up too long because if we do purchase it, there may be some written promises we need in regard to the zoning as well. So we need to look at that issue in tendering our offer. But the appraisers are the most important thing at this point in time.” Atty. Rinkenberger, “Do you want to include in that board action that we hire two appraisers?” Com. Evans, “Yes, why don’t we hire two appraisers, Campbell of Valpo and Professional Appraisals of Chesterton for that. They can either work together, jointly or separately, however they choose.” Com. Knoblock seconded, motion carried. Ms. Hartig, “Where will this money be coming from?” Com. Harper, “Property Disposal Fund.” Com. Evans, “I like that.” Com. Harper, “Anything else before we go on?” PARKING GARAGE PASS DISCUSSION Com. Evans, “The new parking pass thing we are going to do. You want me to just read this? Every employee is going to get a copy of this letter as the new locking system for the garage goes into place. “You have been issued parking pass number _____________. Com. Evans, “This will go to the department head, office holder, etcetera and it will say the number.” “This pass allows you to exit the Administration Parking Garage at no charge. It is to be used only by you. It is not to be given to anyone else to use. If your pass is lost, a replacement will be issued for a fee of $25.00. At the time which you are no longer employed by Porter County the pass must be returned to the Commissioners’ office or a fee of $25.00 will be deducted from your final paycheck. Your signature below indicates that you accept this pass as your responsibility and agree to pay the above mentioned fees when applicable.” Com. Evans, “That will be going out to those people that Melissa has deemed names from the separate offices and department heads. And then as the other system goes online for the billing, the same pass will open the door for that person, record their entry time and exit time and the doors are locked.” Com. Harper, “Anything else before we go to this petition to vacate? Gwenn, Carole?” Atty. Rinkenberger, “On that petition to vacate did you happen to get that email I got from Dave Schelling?” Com. Knoblock, “Yes, I did.” Ms. Hartig, “There’s also an email from a taxpayer.”
PLAN COMMISSION Com. Harper, “This is a petition to vacate an unimproved road of way located in the First Addition to Roble Woods. Petitioner’s names are Lovall, are you here?” Lee Lane, “Yes. My name is Lee Lane, I represent Christopher and Monica Lovall, the petitioners here. This is our second time in front of you. Last meeting I provided you with a plat showing the area that has already been vacated. Again there are 29 lots that are adjacent to the, what was at one time, the platted right of way which has been vacated for 26 out of the area that is adjacent to the 26 out of the 29 lots. Christopher and Monica Lovall own two of the remaining three lots which are the only areas that have not been vacated on that platted right of way. The conditions have changed, there is no need for that right of way, it doesn’t serve any purpose at this point considering it’s only privately pretty much with the exception of just one other area in the property. There’s public interest actually in vacating it because it will create uniformity and make everything more similar there in the subdivision. Won’t affect access for anybody in any way whether they are individual residences or any type of pubic right of way. I know there was some discussion last week about a bike path, but the only way that a bike path could go through there is if the county came and acquired all the property back again by eminent domain. So, none of the property values surrounding it would be affected in any way and therefore the petitioners are asking that you would grant their request.” Com. Harper, “Who all is here tonight on this? Okay.” Com. Evans, “I believe we continued it with the public hearing open.” Com. Harper, “Is there anyone here that would like, you know, we have the mics up here, you have to come up front, state your name and address. Is there anyone here that would like to speak for or against this tonight. If you do, please come up here and stand right under that mic and give your name and address and make your statement.” Jamie Estill, “I live on 624 West Long Lake Road and I share the drive with the petitioners. Normally I wouldn’t have any objection whatsoever to what they’re requesting, but under the circumstances and the history we’ve had the last three or four years, the problem we have is the place is kept in deplorable conditions. There’s six, seven cars lined up and it’s in the private driveway. There’s scrap, there’s old equipment, there’s all kinds of material all over the property and our feeling is that we can’t see why you would give more property to somebody that won’t take care of what they currently have. That’s it.” Com. Harper, “Thank you. Anyone else?” Alice Estill, “I am Alice Estill and I live next door. We are in disagreement with the vacation. We have had property vacated and I understand why you would have the property vacated and normally as my husband expressed, we would totally go along with that. I know at the last meeting someone said they were going to go by and find out and explore the area and I don’t know if any of the Commissioners did get to go there or someone from the county did get to as stated last time.” Com. Harper, “Let me say this. In addition to everything else, John’s been out there, have you been out there?” Com. Knoblock, “No.” Com. Harper, “John’s been out there. We’ve got a complete set of photographs of what the property looks like right now.” Ms. Estill, “All right. Thank you.” Com. Harper, “Anybody else?” Jim Rowe, “My name is Jim Rowe. I was at the last meeting and expressed initial concern, not necessarily opposition to it, but just concern and wanted to see what everything is about. As they said, I would not normally be against this. I am concerned about the waterway that is in back, hopefully things would be, down the line, things would be set up so that would not affect anything going into Long Lake or backing up on to my property. And I am also in agreement with them on the conditions that are around the house of the present property. Perhaps this right here isn’t the place where anything can be done to change those conditions. I know I, as perhaps Estill’s here, feel we don’t want to miss our chance to have something done, say in the future, with say a building permit is issued, is there a time limit on completion for a building permit? These are things that can go on further on down the road, but we are not really sure about what there is and with the vacation of this property right here be the last and only opportunity to have something done. As I said, I wouldn’t normally be in opposition to the vacation as long as there are other avenues to pursue.” Com. Harper, “Anybody else, either for or against? Okay, then I will close the public hearing. Lee, do you mind responding?” Atty. Lane, “Yes, I would just like to respond and say I believe that both the remonstrances by the Estill’s and by Mr. Rowe really affect use of the property and they really don’t affect the platted right of way pursuant to Indiana Code 36-7-3-13. There are only four grounds for remonstrance with vacating the right of way and I don’t believe any of those were really addressed. It doesn’t hinder the orderly development of the neighborhood in that it fits perfectly with what’s been happening all along in the subdivision. It doesn’t in any way affect access to either of the adjoining property owners’ parcels. In fact, if anything, it is going to help the situation that they are talking about because a garage would be built on the property when there is no garage that exists at this time which would allow him to park in the garage area. He also recognizes and is not opposed to moving the cars off. I mean, I don’t think this is a necessary venue for a use issue, but if anything it is going to improve the area and allow for better use of the road that is already there rather than in any way affecting your access. There are no other public churches, schools or anything that are going to be affected by it and it doesn’t hinder the use of a public right of way. So, I believe in just of terms of the actual Indiana Code and the remonstrances, that it has been addressed and I would just like to ask that you grant that.” Com. Harper, “Do you mind if I say something? Have you seen these photos?” Atty. Lane, “I’ve been passed the property, I haven’t sent the photos.” Com. Harper, “I understand that it is not an issue here, you are here asking for government action. This property was called to our attention, I intended tomorrow morning to talk to our Code Enforcement Officer because if you go out there and see what violations they are after I looked at those pictures, you know, those cars. I don’t know if all those cars are tagged because they are not facing the street but obviously one ordinance says you are not supposed to have cars on your property that aren’t properly licensed and so forth, I don’t know over how many days, so I have a little problem with something that you’re here asking for government action on a place to that seems to me to be to have several violations. I wondered and I understand that all the other strips have done it, I wonder if there would be a possibility perhaps to make some of these people feel better if we put this off for about four weeks and have your client meet with the Code Enforcement Officer and see if we can address some of those issues on that property. I mean, I just have a problem doing it when you’re asking for government action and yet it looks to me like there’s a bunch of things going on there that shouldn’t be.” Com. Evans, “I don’t think it is within our purview to not take action on this recommendation being that they’ve all been done. But my concern is the drainage. The cars that are sitting there, if they’re leaking oils or other fluids, that is going to be picked up by the ground water and the rain water and is being deposited into the legal drains and being put into the lake. I don’t know if that is a great concern or not. It appears to be unsightly, yes, but what you’re asking for I think is no different than what anybody else has out there has done already. But I truly, truly can appreciate the neighbors’ concerns. I mean, it’s affecting everybody’s property values, it is unsightly, it’s not a good situation and I think the only leg we would have to stand for is if any of the cars, the automotive equipment, the tractor and lawn stuff, the small equipment that is sitting all over is doing any pollution to the existing ground water systems. So, I go either way on it.” Com. Harper, “Might you ask for a continuance for four weeks?” Atty. Lane, “Could I say something first before we even get there? The only thing I would like to address is the drainage issues that were discussed. The drainage that occurs again goes down a creek that is located in that northwest/southeast area to the north of the property and there’s a small creek that runs through the bottom and it actually goes underneath the road to the east side of that West Long Lake Road and then follows into the lake from that end. The cars that are parked that you are talking about are actually on the private drive that is on the exact opposite end to where all that drainage does occur. And again, the area that they are requesting be vacated, I mean there is nothing located on that property, there’s no drainage issues associated with that property. There’s none of the issues related to grounds for filing a remonstrance against it that affect it in any way that area that they are requesting be vacated. And the petitioners do recognize the fact that they have got too many cars out there. Their intention is to remove two cars and again, if they can get this done, they’d like to as soon as possible, build a garage so they can store their vehicles inside and correct the problems and keep it being unsightly from the neighbors and anybody else. So, I think where the cars are parked have really nothing to do with the area that they are requesting to be vacated. They are going to address that issue and a garage is going to be built, I think a couple of cars are going to be removed anyhow. The house will be torn down, things will be cleared up because they are going to be building a new residence on there and . . .” Com. Harper, “I think they are going to run into this problem every where they go. It would seem to me the Plan Commission is going to be hesitant, everybody is going to be hesitant in dealing with this looking at what is there, but that is just my opinion.” Com. Evans, “How big of a garage are they planning on putting up?” Atty. Lane, “I believe it was a 30 by, what size garage was that?” Mr. Lovall, “30 by 50.” Atty. Lane, “30 by 50 garage.” Com. Evans, “And that will be within the setbacks so they don’t have to get a variance?” Atty. Lane, “It will be within the setbacks of the property.” Com. Harper, “Are those cars licensed?” Mr. Lovall, “All but one.” Com. Harper, “How many are licensed?” Mr. Lovall, “Six.” Atty. Lane, “They are trying to address the problem. I hear what you are saying, but again,…” Com. Harper, “I think that’s what these neighbors are saying, really, I think they are saying it’s not that we object so much, we’re just having problems looking at this.” Atty. Lane, “But those are use issues, they’re really not vacation of the property and in the process of vacating the property, their issues are actually going to be addressed in the process. So, from that perspective, I mean, it gets the wheel moving at least to get things taken care of and moved in the right direction.” Com. Evans, “Can we vacate with written commitments?” Atty. Rinkenberger, “Well, I would request under these circumstances that I have a chance to take a closer look at the law to determine whether or not we have grounds to deny this petition to vacate based upon what we’ve heard today. Or, if we can grant the petition based on written commitments.” Com. Harper, “I don’t think it’s going to pass.” Com. Knoblock, “Do you need a motion to continue it to next meeting?” Atty. Rinkenberger, “Well, if you already have your minds made up.” Com. Harper, “Well, I think if it was pushed tonight, I don’t think it probably won’t pass.” Com. Evans, “I for one don’t want to see them denied something that everyone of their other neighbors has either, but there could be some kind of effort made to make it. I mean, there’s a tent next to an igloo. I mean, a screened in tent, there is like four seasons use in the yard.” Atty. Lane, “I don’t think they are going to be opposed, I mean, if you want to put some written commitments so to speak, in there again, I don’t know. I mean their intentions are to do that. I guess that is what I am trying to say. They have honorable intentions to do that and they’re willing to tell you, you know, we are not trying to keep a mess out there. And so, whether it is lawfully correct to require them to do that, is another question, but what I am here to say is that their intentions are pure in cleaning up that property and trying to make it more sightly for their neighbors and for that community. And I think that they are willing to tell you in writing that they’re willing to do that because those are their intentions.” Com. Harper, “I’d rather have a couple weeks till we know what we need in writing and have the Code Enforcement Officer go out there.” Atty. Lane, “Their family has been there forever and they have lived there for a few years.” Com. Knoblock moved to continue for four weeks and until the County Attorney can look further into the law and the Code Enforcement Officer visually inspect the site and to continue with the public hearing closed, Com. Evans seconded, motion carried. Atty. Lane, “So that would be the April 3rd meeting?” Com. Harper, “What ever four weeks would be, yes. Thank you.” Mr. Lovall, “Commissioner Harper, did I hear you right. Did you say that the future will be closed?” Com. Harper, “Yes, there is usually just one public hearing.” Com. Evans, “Just the input.” Com. Harper, “Just the input, you can come to the meeting.” Mr. Lovall, “Can I say one more thing possibly helpful? Perhaps with the written commitments it would be good and perhaps a suggestion what would be a proper future thing on following up on written commitments. It’s just reassurance. As I had said last time, I believe, I don’t want to spit on anyone’s dreams. Like you said, everyone just wants to make sure that everything gets carried out properly.” Com. Evans, “It’s a difficult area, too. I mean, you have houses that are obviously very, very expensive that are right next to houses that are probably used as only summertime cottages just around the corner, too, so it becomes difficult for everyone.” Mr. Lovall, “I will check in and see how many are actually summer cottages. I think that hasn’t changed. Except for maybe septic issues and that.” Com. Evans, “Exactly, but by the same token everybody else …” Atty. Rinkenberger, “That’s why I don’t know whether or not written commitments would be appropriate because if we try to enter it with written commitments like this then the county becomes involved and they are forcing something that we really don’t have the jurisdiction to enforce. So, that’s a good idea on how to look at it but I wouldn’t get my hopes up on the written commitments.” Mr. Lovall, “Would this be for if the building were to take place?” Atty. Rinkenberger, “If there’s building, then it would be in front of our Plan Commission, and our Building Department, and our Planning Department and all those departments would come into play and they have their own regulations. This body is one that is pretty much strictly what under the law we look at in terms of vacating it. Once its vacated then we have the Building Department, Plan Commission and Zoning and all this that have their own rules and regulations that they have to follow, or should follow.” Com. Evans, “This will be the third time that they’ll be here, I would like to request that we do Plan Commission first before our regular meeting so they don’t have to wait through the entire process.” Com. Harper, “That’s fine.” Atty. Rinkenberger, “They probably enjoyed watching us in action.” Com. Harper, “Is there anything else? Do I hear a motion?” Com. Evans moved to recess, Com. Knoblock seconded, motion carried.
BOARD OF COMMISSIONERS
Robert P. Harper
Attest: James K. Kopp, Auditor |
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March 6, 2007