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PORTER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, MAY 1, 2007 6:00 P.M. The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, May 1, 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. CALL TO ORDER/PLEDGE President Harper called the meeting to order with the Pledge of Allegiance. WITHDRAWAL OF ASSESSOR’S CONTRACT FOR SOFTWARE Com. Harper, “Before we go through the regular business tonight, it’s my understanding that the County Assessor is withdrawing the request for approval of the consulting contract, is that correct?” Assessor’s office, “That’s correct.” Com. Harper, “All right. So we will notify everybody that it’s back on the agenda again. Does anyone object to that being withdrawn? John, Carole?” Com. Knoblock, “No.” Com. Harper, “All right, so that’s withdrawn tonight and if it gets back on again, we will let you know. Just wanted to let everybody know because there are some people here for that. Thank you. APPROVAL OF PAYROLL Com. Knoblock moved to approve the payroll of April 30, 2007, Com. Evans seconded, motion carried. APPROVAL OF MINUTES Com. Evans moved to approve the minutes of April 3 and April 9, 2007, Com. Knoblock seconded, motion carried. APPROVAL OF CLAIMS Com. Knoblock moved to approve the claims of April 24 and May 1, 2007, Com. Evans seconded, motion carried. OFFICE HOLDERS/DEPARTMENT HEADS John Thorstad, Expo Manager Funding of Electronic Sign Mr. Thorstad, “Last Fall I came to you with a proposal or the idea of replacing a plywood sign out at the Expo Center and the fairgrounds with an electronic digital sign that’s plastic. We set up funding, we’ve met a lot of hesitancy because we were asking for money and there was no sign. I came back to you with the idea of basically getting a loan to put the sign up, bid the process out, with an area, putting a line item in our budget then seeking out the money with the sign up, seeking out the money to basically pay the loan back. We show a line item in our account once the sign is paid off, whatever income is received after that, will go towards the perpetual care of the sign. So I guess I am just asking for your approval to bid this project and to start the ball rolling on that.” Com. Harper, “All right.” Com. Evans, “What ‘s the construction time on that?” Mr. Thorstad, “I am not sure. If the company here, Landmark, I believe they suggested three months.” Com. Harper, “Why don’t you let us pass that around?” Mr. Thorstad, “Sure, this was the original proposal. On the bottom part it would be a digital sign, it would scroll.” Com. Harper, “Definitely, I think we need improvement out there.” Com. Knoblock, “You would put it up through your office?” Mr. Thorstad, “Right, if there is a wireless connection to doing it on the computer.” Com. Harper, “Melissa, where’s our CEDIT balances? Oh, 210.” Ms. Hartig, “They are split up by districts.” Com. Harper, “Don’t we have one fund in CEDIT for building maintenance? Where is that? Where’s the Highway CEDIT?” Ms. Hartig, “I keep track of it but not like I do these because these are highlighted.” Com. Harper, “How much comes into that fund a year?” Ms. Hartig, “175, 180.” Com. Harper, “Do we have under capital improvements 251 which is what it would be? Do we have any more money set aside out of that fund than you’ve shown? Is there a balance available to use in 256 in that fund? Fund 251?” Ms. Hartig, “It just depends on who’s district you want it to come out of. 251 is split up by district.” Com. Harper, “Okay.” Ms. Hartig, “Carole has probably got the biggest balance right now.” Com. Evans, “Let’s spend Carole’s money.” Com. Harper, “I think that may be a problem because of the highway garage that she wanted to build.” Atty. Rinkenberger, “Do you want to take it out of the cable fund?” Com. Harper, “Is there enough money in there?” Com. Evans, “Yes, there is.” Com. Harper, “Do I hear a motion?” Com. Evans moved to approve the signing coming from Fund 143, Com. Knoblock seconded, motion carried. Mr. Thorstad, “I will start the bid process.” Com. Evans, “Take it from Fund 143 but I would also like to extend that John and I had a conversation earlier, and I would like to create, we talked about a fund for the rental proceeds from that endeavor and use that to pay back 143 a little bit or however it goes and then to maintain enough always to be able to maintain the sign.” Mr. Thorstad, “I will work with Mr. Kopp in getting that set up.” Com. Harper, “I understand your Fair Committee has met?” Mr.Thorstad, “Yes, as a matter of fact, Lorelei is here, too. We discussed the possibility of a external evaluator to come in and look at the Expo and the general operating of the way it is now and look towards the future and make some recommendations not only to your body but to the Expo Board.” Com. Harper, “Thank you. Anything else?” Mr. Thorstad, “I’ve got a few things. Caterer’s contracts.” Approval of catering contracts Com. Evans, “Are there additions?” Mr. Thorstad, “There are a couple of additions. They’re new ones. What we did this year was we have concession only caterers because we have a lot of events that we do outdoors or just need concessions. They don’t want to do the banquets and the other events. And these are two of those that just want to do concessionaire type of work.” Com. Evans, “Any considerations that the other vendors don’t receive?” Mr. Thorstad, “No, they pay any percentage back in commission.” Com. Evans, “Who are they?” Mr. Thorstad, “First one is called The Beef Chief, the gentleman that owns it is Steve Willett, does quite a few of our outdoor events, very good food. The other is Steve George’s Foods. His specialty is elephant ears. He does quite a few of the fair events and some of the other stuff. I recommend both of them.” Com. Evans moved to accept the recommendation, Com. Knoblock seconded, motion carried. Purchase of new Floor machine Mr. Thorstad, “The floor machine, last year we got the carpeting in the main Expo Building and I was going to come soon thereafter to ask for a new floor machine but I held off because our lift broke. Now the floor machine is broken, it’s 18 years old and there is a need to replace it.” Com. Evans, “I will take it out of CEDIT funds if you want.” Com. Harper, “Fine. John makes a motion to approve it out of North County CEDIT funds?” Com. Evans moved to approve the purchase of a new floor machine with the funds to be taken out of North County CEDIT funds, Com. Knoblock seconded, motion carried. Mr. Thorstad, “Thank you, I will put that on order.” Approval of GIS Equipment Agreement Com. Harper, “Jim, it’s my understanding you are going to withdraw the approval of the software contract, am I correct?” Mr. Kopp, “Yes.” Com. Harper, “So we are just here on the GIS?” Mr. Kopp, “We are here for the GIS, I talked with Dell, computer hardware and tapes are on the same purchasing contract and the ESRI equipment is a sole vendor type the only one that will work with the Sidwell software that we are using for GIS. I believe part of it is also on the, the software licenses are on the state contract, and not the (inaudible)… we need another Sidwell parcel building license. The work stations will be two in the Planning Commission, two in the Surveyor’s office, one in my office, one in the Assessor and one in the Health Department is where we are going to start.” Com. Evans, “The Recorder’s or Treasurer’s don’t want any to start?” Mr. Kopp, “They don’t need it right now. The polling needs to run a separate hard wiring system out of the Auditor’s office at this point in time rather than the network.” Com. Evans, “You’re going to do all your mapping person full time?” Mr. Kopp, “The mapping person is out of money, so she’s working as a counter clerk right now but I expect to get that position reapproved with the Council and the other people that need to look at, it’s going to take three people to run it.” Com. Harper, “You’re going to be back on the Council’s schedule the next time, right?” Mr. Kopp, “Yes.” Com. Harper, “Any other questions? Do I hear a motion?” Com. Evans moved to accept the proposal, Com. Knoblock seconded, motion carried. Com. Harper, “I want to ask you a question. A couple things. What are we looking like with the tax bills, I was just wondering where you were at.” Mr. Kopp, “Sometime between August 1st and 31st, I would guess August 15th if all goes well and the state responds like we think they are going to. We would like to have the new Auditor-Treasurer software running when we send out the tax bills so we can compare and make sure everything balances and then if we get into this tax rebate thing that I gave you a copy of this morning, that could be done off the new computer but it’s going to be a tremendous amount of work for everybody.” Com. Harper, “Tell me about that.” Mr. Kopp, “Well, I got an email, emails going back and forth, apparently out state representatives passed a bill that said there will be a property tax credit to be paid after the second tax installment is received and it would be a fixed number, I don’t know what it will be for about 39,000 parcels in Porter County and then those that don’t have a full homestead credit will get something less. It will take about 4 to 5 weeks of computer software time to write a program to do parts of it and then there is going to be a lot of manual parts. There’s a letter that has to go out, the legislator’s are telling them thank you for giving us a tax break and all this stuff. Then there’s some debate whether we will have to send out W-4’s for the refund and then issue 1099’s at the end of the year. I couldn’t imagine the IRS letting all this money put back out without a 1099. That’s my two cents worth.” Com. Harper, “So, all this just to get the letter out telling them about the tax break from the legislature? How else can this be done besides sending that letter out, would there be an easier way to do it?” Mr. Kopp, “Well, I think we can still do it on our tax bill, as a credit on our tax bill but that’s not the way they wrote the bill.” Com. Harper, “So if we give a credit on a tax bill we wouldn’t have all that work that this is going to require?” Mr. Kopp, “Right. We do the work up front, that certainly would not be near as many hours.” Com. Harper, “Do you have any estimation of how much this is going to cost the county to do this?” Mr. Kopp, “Lots. You look at the 6,000 hours or 4,000 hours or whatever that has got to be done in three weeks, I mean that is just working everybody and that’s the time we are supposed to be doing our settlement. You are probably looking at $150,000 to $200,000 if in fact the hours we’ve estimated are correct, and the mailings.” Com. Evans, “Plus the mailing.” Com. Harper, “So you have to, after all the tax bills and everything goes out, you are going to have to send another mailing out, to how many people?” Mr. Kopp, “42,000 plus or minus a couple hundred. It’s a monumental amount of work.” Com. Harper, “So, you’ve emailed the Council about that and put them on notice?” Mr. Kopp, “Well, I sent the letter to Council and they are aware of it and you know it may change between now and then. I got an email about an hour ago that the governor may call the legislature back to special session just to resolve this because I don’t think anybody realized how much it was going to cost.” Com. Harper, “They should have found that out ahead of time.” Mr. Kopp, “It’s not easy.” Com. Harper, “Any questions? Okay, David Lain, our sheriff.” Request use of funds from Fund 198 David Lain, Sheriff Com. Evans, “Sheriff, we need you to issue a warrant, somebody stole our gavel.” Sheriff Lain, “My suspect would be Dan Whitten.” Com. Harper, “We think it is, he chaired the last meeting.” Atty. Rinkenberger, “At the Opera House.” Com. Harper, “Well, it may or not be.” Com. Evans, “I think Council President Whitten has it at his home and is using it at the dinner table.” Sheriff Lain, “I could put some detectives on over time. The only thing that brings me before you this evening is a request to partner with me making a withdrawal from Fund 198 which requires action on both of our parts, yours and mine, to pay for a mug shot, for lack of a better term, an upgrade. It’s really a new and improved system that will allow mug shots within our Tiburon system, within our whole jail system to be accessed by squad cars, normally by our department but potentially by other departments. Anyone with the correct Tiburon software, they would have to of course, purchase their own equipment to access it. But, it really enhances public safety and officer safety. I gave my only copy that I brought to Melissa, and it is in the neighborhood of $50,000 but I don’t have the exact figure in my head.” Com. Harper, “And that’s coming out of the jail fund, right?” Sheriff Lain, “The 198. For lack of a better term, the signing bonus. And there is about $64,000 in there.” Com. Evans, “$49,599.00” Com. Harper, “Any questions?” Com. Evans, “Is this the same type of…this is a Wi Fi?” Sheriff Lain, “No, this is completely separate. It has nothing to do with the other issues that have come up. This is a piece of technology that we’ve really talked about trying to access for a long time. It is combined into the system that is used by the squad cars. How it’s delivered it doesn’t make any difference.” Com. Evans, “You put somebody’s picture on the screen, if you made a traffic stop and the guy….” Sheriff Lain, “They can get a mug shot and any jail information. If he has been an inmate, that jail information will pop up. They can access anything they need to.” Com. Evans, “Fund 198 is funded by the proceeds by the booking fee?” Sheriff Lain, “No, this is the one time signing bonus back when we signed with the Marshall’s contract.” Com. Evans, “Your loan fund?” Sheriff Lain, “You said it, I didn’t.” Atty. Rinkenberger, ‘This has been sent to Dave Sheibels, has he reviewed it and does he approve the contract language, is he on board with what this says they are going to try and do with this product?” Sheriff Lain, “Yes, and the reason that went through Dave is because Dave knows the technical aspects of what that is.” Atty. Rinkenberger, “Why isn’t he here then?” Sheriff Lain, “Well, because he is not paying for it. It doesn’t come through 911.” Atty. Rinkenberger, “I understand that, but whoever is paying for it wants to make sure it is technically correct and it is going to work, and that always makes me a little nervous when the people that know that aren’t here to tell us that this contract says what it should and it’s going to work.” Sheriff Lain, “Dave and I talked about this for a long time and, absolutely we are both highly supportive of that document.” Com. Evans, “The contract’s your property.” Atty. Rinkenberger, “Well, I have …” Com. Evans moved to approve the recommendation based upon the approval of the county attorney and the oversight of our 911 director and we would like for him to be here when you come back for final approval, Com. Evans, “Just to give us his okey-dokey, whether or not he is paying for it or not. She still has to review it.” Sheriff Lain, “I understand.” Atty. Rinkenberger, “I want to review it and I want something on the record from Dave Sheibels.” Com. Harper, “Do I hear a second?” Com. Knoblock, “What was the motion?” Com. Evans, “The motion was to approve the recommendation based on approval by the county attorney of the contract and the statement from the 911 director that it meets his okey-dokey.” Com. Harper, “Do you have any time problems here?” Sheriff Lain, “No, I think because that is just mailed out yesterday and I think it has a 30 day window.” Atty. Rinkenberger, “Why don’t we put it on our agenda for the next meeting?” Com. Knoblock seconded, motion carried. Com. Harper, “We will put it on our agenda for two weeks. When is our next meeting?” Ms. Hartig, “May 15th.” Sheriff Lain, “Thank you.” COMMISSIONERS’ REPORTS North District: Com. Evans 1. Agreement between Porter County, State of Indiana, and CSX for the Proposed Bridge Rehabilitation of Bridge 1014, Calumet Road (Old SR 49) over CSXT. This work is for items that the railroad has to do in conjunction with our bridge rehabilitation project. The greatest cost is the required flagging service to allow access to railroad right of way. The total cost is $115,388.00 and is eligible for 80% federal funds. Recommend approval. Com. Evans moved to approve, Com. Knoblock seconded, motion carried. CORRESPONDECE Clerk’s monthly report for March 2007 is on file. Appointment by Westchester Public Library of Claire Jolie to serve unexpired term of Sue Ann Harris on the Library Board of Trustees. New term to expire March 31, 2010 Com. Evans, “Actually Mrs. Harris is moving out, has moved out of the Westchester Township area to Liberty Township which necessitates her replacement and they couldn’t get a better lady. I highly endorse Claire Jolie.” Com. Evans moved to appoint Claire Jolie to the Westchester Public Library Board of Trustees, Com. Knoblock seconded, motion carried. Approval of official bond continuation certificate for Carole Knoblock, Commissioner, in the amount of $300,000 Com. Evans moved to approve, Com. Harper seconded, motion carried. Approval of quote by Light & Breuning to install battery back up for the parking garage gate. (In the event of a power outage the Health Dept. may be required to move their vaccines to the hospital. ) Com. Harper, “Melissa, is that your item?” Ms. Hartig, “The Health Department, right after we had the gate in operation, the Health Department had to take their vaccines up to the hospital and they weren’t able to get into the parking garage because there was no power, it’s all electric. So they asked if they could use the maintenance key for it. When I talked to Light & Breuning they said it doesn’t matter if they have a key, it’s not going to work if there is no electric. So, they suggested a battery back up so that nobody’s locked in or out of the parking garage.” Com. Evans, “It’s probably a good idea but wouldn’t it be cheaper to buy a battery back up for the refrigerators where the vaccines are stored?” Atty. Rinkenberger, “But what happens if we’re here and somebody can’t get out?” Com. Evans, “You can get out, you just can’t take your car.” Com. Harper, “So you just want authorization to get some quotes?” Ms. Hartig, “This is their quote.” Com. Evans, “That’s the people that put in the gate. What is their quote? Is it in here?” Ms. Hartig, “It’s like $2,500.00. $2,595.00” Com. Evans, “Was that part of the original quote when they gave us the….” Ms. Hartig, “No.” Com. Evans moved to accept, Com. Knoblock seconded, motion carried. Ms. Hartig, “Do you want that paid out of building maintenance or CEDIT building maintenance?” Atty. Rinkenberger, “Take it out of the garage fund.” Ms. Hartig, “We don’t have the money in the garage fund right now. We have a little.” Com. Harper, “Let’s take it from CEDIT building maintenance. How much do we have in that?” Ms. Hartig, “Like $62,0000 or something like that.” Com. Evans, “Yes, it’s about 64.” Approval for the Historical Society of Porter County to renovate the kitchen and dining room at the Jail Museum. Kevin Pazour, “Hello everybody. You will have to excuse me, I am kind of new at this. My name is Kevin Pazour. I’m the president of the Historical Society and Paul Ramos is the new director of the Jail Museum. I have submitted a request in writing on April 24th for several different things and I have for all of you, the actual stuff I sent in that you can keep for your files. It’s basically just a plan that melds all of the proposed changes together. I don’t know if you want to take the time to read that now. Basically, this entire project will make both the dining room and the kitchen more functional for museum purposes. We hope to attract new volunteers and members and new people in general because we really do have a gem over there down the street and I encourage anyone who hasn’t been there to visit Wednesday, Friday and Saturday 1 to 4 p.m.” Com. Harper, “Last year we had a Council meeting there one night, how are things going there, how’s your attendance?” Mr. Pazour, “Basically, last year everything was up, attendance was up from the year before but we hope to shatter that this year. We have new people and new board members and new motivation to do some great things.” Com. Harper, “Any you have the funds to do this?” Mr. Pazour, “We should have the funds and what funds we don’t have we will raise on our own.” Com. Harper, “I think that’s great. Anybody have any questions?” Com. Evans, “Do you have two proposals, one from Tudor, one from Ideal, is that for…..” Ms. Hartig, “That’s for us, John.” Com. Evans, “Oh, that’s for us, sorry.” Mr. Pazour, “We just want permission, we will find the funding.” Com. Evans, “You’ve got your own money.” Mr. Pazour, “We don’t have it yet but we are hoping the good people of Porter County come through and help out.” Com. Evans moved to accept the recommendation, Com. Knoblock seconded, motion carried. Mr. Pazour, “I do have a couple questions if you don’t mind. Who is our official liaison from the County?” Com. Harper, “I don’t know if the Council has that or not.” Mr. Pazour, “And if so, can we get one?” Com. Harper, “All right. We will make sure you get one.” Mr. Pazour, “Great. And one of the great things coming up and I hope you all have time, May 19th there will be a community museum at the library at 10:30 a.m. We have some big changes to announce. One of them is we plan on expanding our hours open to the public.” Com. Harper, “Have you guys worked out anything on that stagecoach? It was going to be on loan at Portage for a while, because there is this concern about keeping that out at the Fairgrounds.” Mr. Pazour, “Well, we definitely want to get that out of the garage at the Fairgrounds.” Com. Harper, “It’s not so much as the space, it’s not getting known.” Mr. Pazour, “Well, it’s not being recognized, it’s not being used for it’s fullest potential.” Com. Evans, “And the material it is made of.” Mr. Pazour, “And one of the things right now with the new leadership at the museum we’re kind of in the primary stages of establishing a five year capital campaign and one of the items in the plan is to get the stagecoach at the museum in a structure next to the museum in the garden area.” Com. Harper, “Let me say this, temporarily, now what happened at Portage, did they have a fire or something?” Mr. Pazour, “With the barn.” Com. Harper, “What’s going on with that now, has that been rebuilt?” Mr. Pazour, “At this point I really have no idea. The people working on that project at that time are no longer with the Historical Society. They kind of broke all contacts, but that is something that would probably be important to get the stagecoach somewhere other than the garage just for what you are saying, the deterioration.” Com. Evans, “You don’t have room for it at the Tourism Bureau, do you Lorelei?” Ms. Weimer, “You know what, we were in discussion with Al Goins, from Portage, that’s the one that agreed, it was my understanding there were some insurance issues, of it being transported over there, but I don’t know that maybe we should resume talking to Al. Temporarily, they had (inaudible)….” Com. Harper, “Do they now? Do they have a place?” Ms. Weimer, “They are re-constructing the barn, they’ve got the shell of the barn done, but they don’t have the inside done and I don’t know if it’s temperature controlled. But, it’s worth discussing.” Com. Harper, “Yes, because they were willing to take in on loan knowing that it would come back once we could handle it.” Mr. Pazour, “Yes, and what I remember, the original problem with the monies to transport over $1,000 for insurance reasons. But if we could work something out, it would be better than having it stored away.” Ms. Weimer, “And I think they were maybe, the city of Portage were actual transporting, I know they still had to have the insurance, but I think they could have possibly get …(inaudible) …” Mr. Pazour, “I would be more than willing to begin discussions again without knowing just to get it someplace other than tucking it away. But, please, we will be getting the word out, we will be doing a lot. Things will change. I know a lot of people kind of gripe and say oh, the old Jail Museum, nothing has changed in 35 years, well, it’s going to change. It starts now and you will be seeing a lot of me. So, thank you.” Approval of quotes by Ideal Floors and Tudor Floors to replace the carpeting in the Commissioners’ Chambers Ms. Hartig, “I had Charlotte get us some quotes for replacing the carpet here in the chambers. Seams are popping up and there are stains on the floor so I just asked her if she would call a couple different places and get us quotes for us. The quotes in there, they are separated into the chambers and the offices. So, there’s a separate price for each one of those. The difference between, there’s two quotes from each company and the one has an actual pad that would go underneath the carpet and the other one is for the type of padding that we have now which is just thin and basically adheres to the floor.” Com. Harper, “Which one is the pad?” Ms. Hartig, “This one here. (indicating).” Com. Harper, “What’s the total? In the first place, we started with Tudor Floors. Are the first two exactly the same?” Ms. Hartig, “No. One has the thicker pad and the other one has the price added.” Com. Harper, “I see. There are two together, let’s say we take the two inexpensive ones from Tudor, are about $19,000 give or take, right?” Ms. Hartig, “I did some calculation on that and the difference is roughly from Ideal Floors is about $5,000 more than Tudor’s. And I think that just comes down to labor. I don’t think it’s the actual carpeting.” Com. Harper, “John, Carole, you want to do this tonight or do we need more information?” Com. Evans, “Well, there are four quotes, one has three quotes and one has four quotes. Is that what I am reading?” Ms. Hartig, “We actually have four separate quotes from Tudor’s. One has, the first quote has the thicker padding and that’s just for the meeting room. The second one has the thinner padding for the meeting room. Then the next two are the actual if we continue the carpeting into the back offices.” Com. Evans, “Okay, I see now.” Ms. Hartig, “And they did those separately with and without the thick pad.” Com. Evans, “I notice that the labor prices are based on installing everything on weekdays. That could be a problem since these rooms are used pretty much every day and to try and reschedule somebody. I would like to look over them a little bit more before we give the go ahead and I think we need to ask them for a labor price for installing on a Saturday.” Com. Knoblock, “I think we should just keep it for this room. I don’t think the other needs it. Maybe cleaned.” Com. Harper, “Why don’t we put it back for two weeks?” Com. Evans, “Okay. Who picked the styles anyway on this?” Com. Harper, “The girls did.” Com. Evans, “Okay, then I’m sure that’s okay.” Com. Harper, “They might have asked you which will look better?” Ms. Hartig, “We made an executive decision.” Com. Harper, “So we will do this in two weeks.” Request for transfer of funds—Commissioners 132.30 $16,414.33 from acct 4321 roads & taxiways Dist #1 132.30 $16,414.33 from acct 4321 roads & taxiways Dist #2 132.30 $16,414.33 from acct 4321 roads & taxiways Dist #3 To acct 4510 Data Processing To cover purchase of Vital Records software for Health Department. Com. Harper, “Where are these going? To account 4510, Data Processing, right?” Ms. Hartig, “This is to cover the purchase of Vital Records software for the Health Department.” Com. Evans moved to approve the transfer, Com. Knoblock seconded, motion carried. DESIGNATED SMOKING AREA DISCUSSION Com. Harper, “I talked to Gwenn and she is working on some language on this designated smoking area and we’ll put that back for two weeks if that is okay with everybody. There’s language in our policy book that needs some update on it. Is it all right we do that in two weeks.” PERMISSION TO HIRE HALL RENDER FOR PORTER HOSPITAL ISSUES Atty. Rinkenberger, “As you know when we sold the hospital, the Porter Board of Trustees was discontinued and the county is… we’ve got the money we also got all the trailing liabilities and massed an extensive list of trailing liabilities that we are going to need legal assistance with. And I was recommending and hoping that we would retain Tim McGeath, who we’ve been working with all along on the closing to help us with trailing liabilities. He emailed a Letter of Engagement.” Com. Harper, “It’s not only that, there are also some questions of DISH payments which we may be entitled to.” Atty. Rinkenberger, “DISH payments, liabilities, payroll, we got served with a lawsuit today.” Com. Harper, “I think we should do this because I talked to the Council, they sort of want this, and it’s a what to be done with the money, where’s its going to be held is going to be a joint decision between the Council and the Commissioners. So it’s going to become our responsibility to take care of these problems. So, I would like to see us sign that.” Com. Evans moved to accept the recommendation of the county attorney, Com. Knoblock seconded, motion carried. Com. Harper, “Anything else? Why don’t we take five minutes before we go into Plan Commission? We’ve got three or four Plan Commission items.” PLAN COMMISSION Unified Development Ordinance—2nd reading Robert Thompson, Director Com. Harper, “All right, I call this meeting back to order. Mr. Thompson, we are in the Plan Commission portion of our meeting.” Mr. Thompson, “Which case would you like to hear first? Unified Development Ordinance? Okay. What I am going to present is Plan Commission Resolution 07-7. At the April 25th public meeting of the Porter County Plan Commission, the Plan Commission did review the amendments that the Commissioners forwarded back to the Plan Commission for their review and they voted favorably on the recommendation. This was Plan Commission 04MP-1 PUD, Unified Development Ordinance. So we are now back to the Commissioners on this for second reading.” Com. Harper, “Okay, is a public hearing required for this reading?” Mr. Thompson, “No.” Com. Evans moved to approve Resolution No. 07-7 on second reading, Com. Knoblock seconded, Com. Harper, “Is that what it is? Do we have an ordinance number or not?” Ms. Hartig, ‘The ordinance number will be 07-05.” Motion carried. Mr. Thompson, “I do have to ask one question on this. One of the things I was telling Melissa earlier before I can get a signed copy down for signatures we have to determine what the effective date of the ordinance is going to be.” Com. Harper, “What do you recommend?” Mr. Thompson, “I was going to ask Gwenn because I didn’t know if it has to go through an advertisement period.” Atty. Rinkenberger, “It does.” Mr. Thompson, “Okay. And that advertisement period is….?” Ms. Hartig, “It has to be advertised twice.” Atty. Rinkenberger, “Why don’t you do it the first?” Ms. Hartig, “It could be June 1st if we get it done this week.” Atty. Rinkenberger, “Why don’t we make it effective June 15th just to be safe or is that too long? June 1st?” Com. Harper, “No, the 15th, we want to be safe, let’s be safe. Do you want to make that motion, John?” Com. Evans moved to have the effective date of the ordinance be June 15th, Com. Knoblock seconded, motion carried. Com. Harper, “I just want to take a second to thank all the people in the Plan Commission, all the people on the committees that served, the various committees that served on this, to thank Bob, Kevin, and all the people that have put in all the hours and the all the work into this. I think you’ve really done a couple important things the last couple of days. I think this is one of them. I know you pushed ahead with this, you’ve had a lot of push back from a lot of people and you kept it going and I for one appreciate it.” Mr. Thompson, “Thank you.” Rezone, AG to RR-Robert Sands, Owner, 1st reading Mr. Thompson, “Petitioner, Robert M. Sands, petition is requesting a zoning map change from AG, Agriculture and Open Space to RR, Rural Residential This is Plan Commission Resolution 07-3 which the Plan Commission heard this at their March 28th public hearing and recommended approval by a 9-0 vote, I should say forwarded a recommendation of approval on this particular case. Mr. Bengel?” Mr. Bengel, “Thank you. This is by Plan Commission like Bob said, the purpose is Mr. Sands wants to sell off the corner of his farm which is not very good farm ground to ___ that parcel in that one acre lot that exceeds most of the lots around it. All the lots to the east, about 10 lots, are half acre lots. We’ve got septic borings, everything is fine and dandy and we ask for your approval.” Com. Harper, “Is this is public meeting?” Mr. Thompson, “Yes.” Com. Harper, “All right, this is a public meeting so if there is anyone here to speak for it or against this petition, please come up by one of the mikes and state your name and address and your comments. Is there anyone here to speak for or against? If not, I will close the public hearing. Does the Board have any questions?” Com. Evans, “No.” Com. Evans moved to accept the rezone, Com. Knoblock seconded, motion carried. Rezone, AG to C4, Robert Barker, Owner, 1st reading Mr. Thompson, “Next is a petition of Robert Barker requesting a zoning map change from AG, Agricultural and Open Space to C4, General Business. This is Plan Commission Resolution 07-4 and at the March 28th public hearing, the Plan Commission forwarded this case with a favorable recommendation with a 9-0 vote. This is first reading and public hearing, also.” Com. Harper, “And Mr. Barker is here? Let me ask, is there anyone here to speak on this petition?” Robert Barker, “Good evening. My name is Robert Barker, I am here for the rezone request. My wife and I own an automobile repair facility at 705 State Road 2, just south of Hebron, located just west of the intersection of U.S. 231 and State Road 2. The zoning across the street from my business on the south side of 2 is zoned I-1 for industrial use. Ours is the only commercial business using the property at this time. Starting at the border of 231 and going west there’s an empty lot and Tom’s Used Car Lot and Tire Sales business, a farm implement sales and finally an empty lot. On my side, the north side of State Road 2 or going east to west, a used car lot, my business, also the southeast corner is zoned C4 but it is being farmed at this time. Just north of us is the clinic operated by Porter Hospital and just a little north of that is Jim’s Auto Repair facility. At the corner of 900 South and 231 is the cemetery using both the west corners of that intersection. On the northeast corner of 231 and 900 South is an ATM bank machine and a used car lot and just north of the cemetery property is the cemetery property to be used for future expansion. If the zoning request is approved, it is my intention to build a new pole building on it. This addition to the business will be used for storage and provide additional parking room. Presently we have to jockey vehicles between repair facility and outside each morning and in the evening to provide enough room in the repair building. Most times vehicles cannot be worked on immediately as we have to wait on repair parts, insurance inspections, etc. and obviously our customers would rather not see their vehicles outside in bad weather. However, we do not have enough room to store them inside during working hours. Further it would be an advantage to the community if we would not have to store wrecked vehicles outside even just for work hours. There will be no long time storage in this building. There’s also an advantage to me as it will save time in the morning and evenings. Restrooms and clean up areas already exist in the main building so no facility will require to close the building. This is our computer plans to improve the corner of State Highways 2 and 231 junction. It is likely the state will need an additional right of way from us. This will subsequently reduce our customer and employee parking area and we’ll need additional parking room. I believe the zoning will be a benefit to the community as well as our business.” Com. Harper, “Anybody else that wishes to speak on this? Then I am going to close the public meeting. Any questions from the Board?” Com. Evans, “Well thought out and well presented. Thank you.” Com. Knoblock, “I was out there today and I think (inaudible)…” Com. Evans moved to accept the rezone, Com. Knoblock seconded, motion carried. Com. Harper, “This is first reading, right? He’s got to come back.” Mr. Thompson, “I guess second reading I am just more or less presenting it.” Com. Harper, “They don’t have to come back?” Mr. Thompson, “They don’t necessarily have to come back unless you all have questions because it’s not public hearing at that time.” Com. Harper, “You are going to have to come back, we’re going to have to hear it one more time and I assume Mr. Bengel also.” Mr. Thompson, “Yes, Mr. Bengel understands.” Mr. Barker, “When I have to come back again, will they notify me?” Com. Harper, “Well, it will be at the next meeting, but you don’t have to be here.” Rezone, RR to C2, Thomas Cain, Owner, 1st reading Mr. Thompson, “This next case is petitioner Robert M. Sands, oops, I said that already, sorry. This next petitioner is Thomas Cain requesting the zoning map amendment from RR, Rural Residential to C2, Offices and Institutions. This was heard by the Plan Commission at their March 28th public hearing and forwarded this petition to the Commissioners with a recommendation of denial by a 9-0 vote.” Com. Harper, “Is there anyone here on this petition tonight to speak either for or against? Petitioner’s not here?” Com. Evans moved to deny, Com. Knoblock seconded, Com. Harper, “Well, let me close the public hearing. I close the public hearing. Mr. Evans?” Com. Evans moved to deny, Com. Knoblock seconded, motion carried. Com. Harper, “Do you have anything else, Mr. Thompson?” Mr. Thompson, “That’s all I have.” Com. Harper, “Do you have anything, John?” Com. Evans, “No, I don’t.” Com. Harper, “Carole?” Com. Knoblock, “No, I don’t.” Com. Harper, “I would just like to say a couple of things. I hope that someone addresses the problem that Mr. Kopp brought to our attention this afternoon and this evening here and by way of email I think to the Council people and so forth about the extra burden the county is going to be facing to in effect send out what I consider almost campaign literature for the members of the legislature on some temporary property tax relief. And I am also concerned that I am told it’s a very complicated bill and not only did they exempt businesses and some rental properties and so forth with the Circuit Breaker, but they also had provisions in there for example, exempting at least part of the school general fund. This afternoon I took a look at where our county tax dollar goes and it appears that half of our taxes goes for schools, so if they start filing, preparing extensions there, I don’t know how much money it’s s going to involve, I think people are going to need to take a look at it but I am disappointed that they provided those extensions without exemptions. But, further, I feel that since they’ve gone down there and provided those exemptions this time that the Circuit Breaker Law is not much protection because we are in danger every time the legislature meets. They are going to have some people down there lobbying and exempt more provisions of the bill, the Circuit Breaker Bill and I hope that number one, the governor does call them back and tells them that they can’t put the county to all this money to send out campaign literature. And I further hope that they take heed and not continue to tinker with what started out as a good law, the Circuit Breaker Law.” Atty. Rinkenberger, “What if we just refused to do it?” Com. Harper, “You know, a thought I had is that perhaps the Council and the Commissioners in a bipartisan effort should put together our own letter if we have to send it out and explain to them our view on this whole thing. And send it out.” Atty. Rinkenberger, “I don’t know. What are the ramifications if we don’t comply with their bill?” Com. Evans, “Stop and second and think how many members of those bodies are teachers and you’ll know why the schools are exempt.” Com. Harper, “I’m telling you they went down there one year and exempted one thing they are going to be going down there and exempt something else. I think we should have a Boston Tea Party.” Atty. Rinkenberger, “I agree. I mean just because they wrote a bill doesn’t mean we have to comply with it, does it?” Com. Harper, “I will tell you at the very least we should send out our own letter of explanation because I think most people on the Council are bipartisan and I think the Commissioners are sick and tired of having unfunded mandates and things like this happen. Does anybody else have anything? John, do you have anything else?” Com. Evans, “No, don’t get me started.” Com. Harper, “John, make a motion.” Com. Knoblock moved to recess, Com. Evans 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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May 1, 2007