PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, JULY 10, 2007
6:00 P.M.

    The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, July 10, 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.


APPROVAL OF PAYROLL

    Com. Evans moved to approve the payroll of June 25, and July 9, 2007, Com. Knoblock   seconded, motion carried.


APPROVAL OF MINUTES

    Com. Evans moved to approve the minutes of June 5, 2007, Com Knoblock seconded, motion carried.


APPROVAL OF CLAIMS

    Com. Evans moved to approve the claims of June 26, July 3, and July 10, 2007, Com. Knoblock seconded, motion carried.

APPOINTMENT TO AIRPORT AUTHORITY BOARD

    Com. Harper, “The next thing we have is the appointment for the Airport Authority. We’ve received about eight applications. Mary Taylor, that should be Mark Taylor, shouldn’t it?”

    Ms. Hartig, “Yes.”

    Com. Knoblock moved to appoint Mark Taylor to the Airport Authority Board, Com. Evans seconded, motion carried.

ORDINANCE REGARDING DEATH CERTIFICATE FEE INCREASES—2ND READING
Keith Letta, Health Dept. Director

    Mr. Letta, “Attorney Hollenbeck is out of town.”

    Com. Harper, ‘This is the second reading on the revised fee, correct?”

    Mr. Letta, “Correct.”

    Com. Harper, “Do you have our ordinance number, Melissa?”

    Ms. Hartig, “Ordinance number 07-10.”

    Com. Knoblock moved to approve Ordinance No. 07-10 on second reading, Com. Evans seconded, with the caveat that he wants to have a discussion with the people receiving the money in regards to how it is spent, motion carried.

ORDINANCE 07-10
PORTER COUNTY BOARD OF COMMISSIONERS
ORDINANCE REVISING PORTER COUNTY
BOARD OF HEALTH FEE STRUCTURE

    WHEREAS, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and
    WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and
    WHEREAS, IC 36-1-3-2 grants the Porter County Board of Commissioners all of the powers that they need for the effective operation of government as to local affairs; and
    WHEREAS, IC 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Porter County Board of Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and
    WHEREAS, IC 16-20-1-27 authorizes and empowers the Porter County Board of Health, with the approval of the Porter County Board of Commissioners, to establish and collect fees for specific services; and
    WHEREAS, the Porter County Board of Commissioners has been informed by the Porter County Board of Health that there is a need to modify the current fees collected by the Porter County Health Department pursuant to IC 16-20-1-27; and
    WHEREAS, the Porter County Board of Commissioners has deemed it necessary for the operation of government as to local affairs to modify the current vital record fees being collected by the Porter County Board of Health.

    NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:

1.    Section 8.04.030 of the Porter County Municipal Code is hereby amended to read as follows:
a.    Section 8.04.030 Birth and Death Certificates Issueance-Genealogical Research Request-Fee.
Pursuant to IC 16-20-1-27, the Porter County Health Officer, by and through the Porter County Health Department is authorized and directed to collect a fee for providing vital records as follows:
    (A)    Standard Birth Certificate        $  6.00
    (B)    Wallet Birth Certificate        $10.00
    (C)    Combination Standard/Wallet
        Birth Certificate            $15.00
    (D)    Death Certificate            $  7.00
    (E)    Paternity Affidavit            $25.00
    (F)    Affidavit of Amendment        $25.00

The Porter County Health Officer, by and through the Porter County Health Department is authorized and directed to collect a fee of Two Dollars ($2.00) per each genealogical research requests.

    THIS ORDINANCE, HAVING BEEN PASSED AND ADOPTED, this 10th day of July, 2007.

                        BOARD OF COMMISSIONERS
                        PORTER COUNTY, INDIANA
                        s/Robert P. Harper
                        s/John A. Evans
                        s/Carole M. Knoblock

attest:s/James K. Kopp, Auditor
    Com. Evans, “Keith, Mr. Hollenbeck should receive praise for what he has done with the steel mills.”

ORDINANCE TO ADOPT A CAPITAL IMPROVEMENT PLAN FOR 2008-2011, 1ST READING

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

    Com. Harper, “Should we suspend the rules and have the second reading?”

    Atty. Rinkenberger, “You can. And then we can assign it an ordinance number and pass it today.”

    Com. Knoblock moved to suspend the rules, Com. Evans seconded, motion carried.

    Com. Harper, “Can I have an ordinance number?”

    Ms. Hartig, “07-11.”

    Com. Evans moved to approve on second reading Ordinance No. 07-11, Com. Knoblock seconded, motion carried.

ORDINANCE NO. 07-11
PORTER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE TO ADOPT A CAPITAL IMPROVEMENT PLAN
PURSUANT TO IC 6-3.5-7
________________________________________________________________________
    WHEREAS, the Indiana General Assembly has authorized counties to impose a county economic development income tax (EDIT) on the adjusted gross income of county taxpayers, in accordance with IC 6-3.5-7 (Act); and
    WHEREAS, the Porter County (County) Council imposed EDIT on July 1, 2003 at a rate of 0.25% of one percent (.1%) annually on the adjusted gross income of County taxpayers; and
    WHEREAS, the Act provides that a county, city or town which fails to adopt a capital improvement plan may not receive (1) its fractional amount of the certified distribution of revenues from EDIT (Distinctive Share); or (2) any amount of EDIT revenues designated for its use by a city or town in the county; and
    WHEREAS, the County will receive its Distributive Share upon adoption of this Capital Improvement Plan (CIP) and will receive its Distributive Share semiannually in May and November from the County Auditor; and
    WHEREAS, the County now desires to finance certain projects as authorized by the Act; and
    WHEREAS, the County may use its Distributive Share to finance capital projects for which general obligation bonds may be issued and economic development projects as defined in the Act, through the issuance of bonds or through lease financings;
    WHEREAS, under the Act the projects will be economic development projects if the County determines that they will (a) promote significant opportunities for the gainful employment of its citizens; (b) attract a major new business enterprise to the County; or (c) retain or expand a significant business enterprise within the County; and involve expenditures for the acquisition of land, interests in land, site improvements, infrastructure improvements, buildings, structures, rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings or facilities (or any combination of these); and
    WHEREAS, pursuant to IC 6-3.5-7-13.1 revenues from the County’s economic development income tax may be used for any lawful purpose for which money in any of its funds may be used;
    NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of Porter County, Indiana, that:
     1.    The Capital Improvement Plan of Porter County for 2008, 2009, 2010 and 2011 is hereby adopted, which plan is attached hereto as Exhibit A.
    2.    Based on the factual report included in Exhibit A, the construction of the
economic development project will:
    (a)    promote significant opportunities for the gainful employment of citizens of the County;
    (b)    attract a major new business enterprise to the County; and
    (c)    retain or expand a significant business enterprise within the County.

    3.    The construction of the economic development project involves expenditures
for:
    (a)    the acquisition of land;
    (b)    interests in land;
    (c)    site improvements;
    (d)    infrastructure improvements;
    (e)    buildings;
    (f)    structures;
    (g)    rehabilitation, renovation, and enlargement of buildings and structures;
    (h)    machinery;
    (I)    equipment;
    (j)    furnishings; and
    (k)    facilities;
    (l)    any combination of these;
    (m)    any lawful purpose for which money in any of its other funds may be used.

    4.    This ordinance shall become effective from and after its date of adoption.

    Adopted this ____ day of _________________________, 2007.

                        BOARD OF COMMISSIONERS
                        PORTER COUNTY, INDIANA
                        s/Robert P. Harper
                        s/John A. Evans
                        s/Carole M. Knoblock

s/attest: James K. Kopp, Auditor

MEMORANDUM OF UNDERSTANDING FOR DISPATCH OPERATIONS CONSOLIDATION
David Sheibels, E911 Director

    Com. Harper, “This memorandum of understanding, was prepared by you, correct, after negotiation and discussion with the city of Valpo and all their safety people?”

    Mr. Sheibles, “That is correct. We have been meeting on this topic for the last few years.”

    Com. Harper, “And some of those meetings with Council members, some with Commissioner members, and this is the final agreement. Do we have any questions or discussion?”

    Com. Evans, “Are  you still open to some type of scheduling changes, if you see, are you going to monitor it for awhile and see if you need to think about 12 hour shifts or some of those other things that have been discussed for a number of years?”

    Mr. Sheibels, “Our plan is to monitor the situation once we go live with the duties of the Valparaiso Police and Fire and 911 services and we monitor our activity daily anyway so it is nothing new to us. We plan to be communicating with our small committee that has been in place with Valpo Fire, Valpo Police, for the last couple of years and use that infrastructure to watch the call volume and the call taking scenarios for about the first six months.”

    Com. Evans, “Would the same hold true for protocols and policy changes?”

    Mr. Sheibels, “Certainly. As in the MOU, the Valpo Police and Valpo Fire now become part of our multi service operation committee which has been in place for a few years also.”

    Atty. Rinkenberger, “Is this going to cost additional money than the money we have in the budget? Does this require the Council increase fee?”

    Com. Harper, “Now wait a minute, that’s the question I want to ask you when we get passed this. Number one, no, it does not require the Council to increase the fee. It has always been my understanding that the 911 budget is a budget that is approved by the Commissioners, but, I thought this memorandum of understanding should be taken in front of the Council because at some time in the future, they may be required to take action on the fee someday in the future, so that they play a part in this whole thing, so that’s why I handled it this way. I think that at some point David is going to have to bring it back as a revised budget to us to operate through the rest of the year. Am I correct on that one?”

    Mr. Sheibels, “If it comes out that way, we have a six month window in this agreement. Six months will take us right to the end of the year. The budget I submitted in draft form middle of last month doesn’t include the additional man hours which we haven’t discussed yet. It’s a good chance I may be back if we actually go live with it this year, we’ll have to transfer.”

    Atty. Rinkenberger, “Is there any way that you can add five additional employees without the County Council raising the fee?”

    Com. Harper, “Absolutely.”

    Atty. Rinkenberger, “Okay. Otherwise this should be conditional upon their action.”

    Com. Harper, “He’s absolutely got the money for this. There’s been many, many meetings on this. This is a consolidation that is going to save people. A consolidation has five less people, seven of those people are doing the job right now. So, it’s a taxpayer’s savings, although he is going to, it’s just a merger of five of these people, but it’s a taxpayer’s savings across the board which is one thing that everybody has worked real hard to make sure it happens. He has the funds to handle this at this time.”

    Com. Evans, “What’s your target date or what’s Valpo’s target date for the move?”

    Mr. Sheibels, “Right now the biggest part of the project is a radio re-configuration project for police and fire and radio of Valparaiso. Miner Electronics has already been awarded the engineering study by the city and they completed that. As soon as everything gets final approval on the county’s side between this board and the Council, then the city will start the contract work with Miner Electronics. We always look at the most complicated technology project as driving the schedule and that will probably be about three months before Miner can complete that. We need the Valpo police and Valpo fire radio system in the county dispatch, that has to go first.”

    Com. Evans, “Additional equipment for their cars and their vehicles are being paid for by them or through our 911?”

    Mr. Sheibels, “No, that’s correct. Laptops, well they’ve already got their laptops, but the addition of… they are coming into our Tiburon mobile data system and they will be paying for their own Tiburon software licensing. As an example, they would be paying for this radio infrastructure project that’s kind of on the table now for about $150,000.00. So they will have some costs involved, certainly. The cost at our end will not be too much, we’ve been able to design our center for expansion in the future and emergency overflow so we are pretty well set on our end and that’s some logistical cost but they are relatively minor.”

    Com. Harper, “When you say, just as a rough estimate, where are we speaking of the $30,000 on our end and $150,000 to $200,000 to theirs?”

    Mr. Sheibels, “That’s correct.”

    Com. Evans, “And nobody loses a job, right? We’re taking five dispatchers and you’ve made enough clerical positions?”

    Mr. Sheibels, “Not that I am aware of. I am going to be meeting with Chief Brickner and our plan has always been we would start with the senior dispatcher of Valparaiso and go down the list and offer a transition assignment to them and of course, individually, they can take it or not take it. If they don’t take it, the plan is then the city will look at what’s available for other jobs. So, we’re hoping nobody loses their job.”

    Com. Evans moved to approve the Memorandum of Understanding, Com. Knoblock seconded, motion carried.

    Com. Harper, “We don’t need another reading of this, do we?”

    Atty. Rinkenberger, “No.”

    Com. Harper, “So what I am going to ask is that we talk to the Council president and get together on this, just so they are aware of what we’re doing.”

    Ms. Hartig, “I e-mailed the memorandum to Jan yesterday and asked her to put it on the agenda.”

    Com. Harper, “I want to thank David for his work he has done. This has been a long difficult two years, at least two year, project, and I appreciate your work.”

OFFICE HOLDERS/DEPARTMENT HEADS

Susan Larsen, Center Township Assessor
Approval of contract-Dashler Appraisal Services

    Com. Harper, “Is Susan here?”

    Kevin Brietzke, “She was, I think she went back upstairs. I’ll go get her.”

    Com. Harper, “All right. Why don’t we go to David Lain and we will get back to Susan.”

Approval of Digital Video System Upgrade-Johnson Controls
David Lain, Sheriff

    Com. Harper, “Now the funds have already been approved for this digital video system, correct?”

    Sheriff Lain, “Correct. This will upgrade both the jail and the detective interview rooms with digital video recording which will increase efficiency and safety.”

    Com. Harper, “What are you asking us to do?”

    Sheriff Lain, “We are asking you to approve the proposal by Johnson Controls for the jail upgrade which is $73,454.00 and the detective bureau enhancement which is $3,825.00.”

    Com. Harper, “Have you looked this over and have they gone through the proper procedures?”
    Atty. Rinkenberger, “Yes, they have. The contracts were fine.”

    Com. Harper, “This is just a one time..?”

    Com. Evans, “Did you bid this out?”

    Sheriff Lain, “Yes, we had several bids.”

    Com. Evans moved to accept the recommendation for Johnson Controls, Com. Knoblock seconded, motion carried.

Approval of License Agreement-Lieberman Technologies
David Lain, Sheriff

    Sheriff Lain, “The other item we have is a proposal to automate the collection of tax warrants. There is a company that will do that, it involves software and some other things, but it will increase the efficiency of the civil bureau in the collection of those tax warrants and we’ll have a significant time savings for our personnel.  There’s an $8,500.00 initial set up fee and there will be a $3,000.00 annual maintenance fee. These funds I believe we can take from the fees that let her charge.”

    Atty. Rinkenberger, “And I have reviewed the contract.”

    Com. Harper, “You are not asking for the money, you are just asking to approve the contract?”

    Sheriff Lain, “Right.”

    Atty. Rinkenberger, “They’ve got the money budgeted.”

    Com. Evans, “It’s a non exclusive agreement. Do you have this agreement with any other agency?”

    Sheriff Lain, “No.”

    Com. Knoblock moved to approve the contract, Com. Evans seconded,

    Com. Evans, “Have you ever had this type of agreement with any other agency?”

    Sheriff Lain, “No. I think this is an example of technology coming into play in this field, so this is kind of untrodden ground for us. It has been used in some other areas that apparently has been successful so we think it would be a good thing for Porter County.”

    Atty. Rinkenberger, “Any of our licenses are non-exclusive.”

    Motion carried.

Approval of contract for Dashler Appraisal Services
Susan Larson, Center Township Assessor

    Com. Evans, “Have you used these people before?”

    Ms. Larson, “This is the same person I used last year and he does very good work. And basically, it’s the exact same contract.”

    Com. Evans, “Commercial and residential?”

    Ms. Larson, “No. We do our own residential, but commercial I have him do because he’s a little more experienced in it and I basically don’t have time. I don’t have enough employees.”

    Atty. Rinkenberger, “You mentioned something in your letter that you were sending it down state?”

    Ms. Larson, “The state now requires that anybody that has a contract with anybody to do real estate has to be approved by the state. It was approved last year. It hasn’t been changed, I am assuming it will be approved this year, but I am asking your permission on the part that is (inaudible)….. . .  If it’s not okay, then I won’t do it.”

    Com. Knoblock, “Is it just for one year?”

    Ms. Larson, “Yes. I do it year by year.”

    Com. Evans, “You were satisfied with his work from last year?”

    Ms. Larson, “His work is excellent.”

    Com. Evans, “Did he do 100% of the commercial or did you?”

    Ms. Larson, “Yes, he did.”

    Atty. Rinkenberger, “Do you have the money budgeted?”

    Ms. Larson, “Yes, I do.”

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


COMMISSIONERS’ REPORTS

North District:

    Com. Evans, “There were eight contractors solicited for quotes and the job was estimated at $28,000.00. Reith Reilly poured the last time on the Midway Drive project in 2005 and they were the low bidder again this year.”

    Atty. Rinkenberger, “No, Concrete Specialists are the low bidder. It says Concrete Specialists forwarded $20,865.62 and Reith Reilly was $21,900.00.”

    Com. Evans, “They have been in business in LaPorte for 36 years.”

    Com. Evans moved to accept the bid of Concrete Specialists in the amount of $20,865.62, Com. Knoblock seconded, motion carried.

Center District:

1.    Prairie Ridge Subdivision Performance Letter of Credit #HACH 1804840S from Harris  Bank in the amount of $670,700.00. Expiration date is June 25, 2009. Recommend approval.

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

South District:

1.    Pleasant Subdivision 2 Road Agreement located on the east side of CR 150 East between CR 600 South and CR 700 South. Offer to contribute $750.00 lot for a total of $750.00. Owners and subdividers are Dean A. and Patricia S. Bucher. Recommend approval.

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

2.    Grande Prairie, Phase 1 Performance Letter of Credit 05-11 from German American Bank in the amount of $83,500.00. Expiration is July 1, 2008. Recommend approval.

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


CORRESPONDENCE

    Treasurer’s monthly report for June 2007 is on file.
    Clerk’s monthly report for May 2007 is on file.
    Court Security Activity report for June 2007 is on file.
    Weights and Measures monthly report for June 2007 is on file.
Weights and Measures annual report for June 16, 2006 though June 15, 2007 is on file.

Approval of Johnson Controls proposal for overtime work to replace the chiller at North County Complex

    Com. Evans moved to approve with the exception that Thursday will not be given as a day off, they will start Thursday at 4:00,

    Com. Harper, “Well, that is what we decided, they will start Thursday at 4:00.”

    Com. Evans, “The proposal came back originally with. . . somebody snuck in Thursday as a day off. So we’re taking that out.”

    Ms. Hartig, “I talked to Rick Renner yesterday . . . “

    Com. Evans, “And they took that out.”

    Com. Knoblock seconded, motion carried.

    Com. Harper, “It is my understanding that work will be done by the end of the month.”

    Com. Evans, “Right.”

Request for approval by Valparaiso Community Festivals and Events to use the front steps and sidewalks of the Administration Building on Saturday, September 8, 2007 for the Popcorn Festival

    Com. Evans moved to approve subject to the usual insurance requirement, Com. Knoblock seconded, motion carried.

Request for Additional Appropriation-Highway

    Fund 02    $400.00    to 4540    other equipment
    
    To purchase excavator, road sweeper and roadside mower.

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

Request for Additional Appropriation-Highway

    Fund 25        $50,376.04    to 9437    Pine Twp.
                $34,715.29    to 9438    Center Twp.
                $24,178.54    to 9439    Porter Twp.
                $27,296.56    to 9442    Pleasant Twp.
                $57,270.06    to 9440    Center Twp.
                $19,881.56    to 9441    Boone Twp.
                $16,032.86    to 9398    Westchester Twp.
    For bridge repairs.

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


NOISE ORDINANCE AND ALL TERRAIN VEHICLE DISTURBANCE DISCUSSION

    Com. Harper, “This is discussion of a noise ordinance and all terrain vehicles. I know there are several people here who would like to speak on it. I think the Sheriff and the Prosecutor are also here that would like to talk on it. When we have this number of people we limit the time so we can get through it to three minutes and we have that podium you can speak from because there is a microphone up there. They record all this and we ask everybody to state their name and address and I think we will take the Sheriff and the Prosecutor last so if everyone that would like to make a comment can just line up and there and get in a line. Gwenn is our time keeper and keep it at three minutes. Just start with your name and address and state what you would like to say.”

THE PUBLIC COMMENT PORTION OF THIS MEETING WAS NOT TRANSCRIBED AT THIS TIME.

    Com. Harper, “I am going to close the public meeting now. That’s the way we do it. Before we have comments, Mr. Gensel, did you want to make a comment?”

    Mr. Gensel, “Actually, the Sheriff wants to.”

    Com. Harper, “Sheriff Lain, did you want to make a comment?”

    Sheriff Lain, “Sure. First of all, I really want to commend the folks that came out tonight because we have what is seemingly two diametrically opposing sides. And everyone that spoke was respectful. Everyone that spoke was logical and there is a tremendous amount of passion in the room. I think to be fair, first of all, you need to know my perspective because I am a former motorcycle owner and rider and also a former neighbor who was involved in a civil suit against my next door neighbor over some dirt bike track issues. So, I do understand both sides of this fence. One thing that I think we need to clarify is that nobody in the room is suggesting, this board is not adversarial to the folks in the room here. I think because of this board, you have this …. They have the foresight to open this up knowing full well they were going to take a lot of comments and that there would be a lot of passion. But they allowed that and I think because they are responding to the people that are calling the Commissioners’ office about this issue. They are responding to their constituents on both sides. They have had a number of complaints, they decided to address the issue and we have what we see here today.  This should not be interpreted as an opportunity to draw the line in the sand. We don’t need to do that, nobody wants to do that. This is an opportunity to draw people together. We have heard some tremendously innovative ideas come forth from this group and I think we can learn how to deal with this so that it is mutually agreed  upon  It is an opportunity for us maybe in looking at  this issue how to best serve the people of Porter County. Some people in Porter County don’t like dirt bikes. Some people in Porter County love dirt bikes. The Commissioners and the Sheriff and the Prosecutor are the Commissioners, the Sheriff and the Prosecutor for all those people, so that is the line that we have to address. But, certainly I think we have heard enough in passionate speeches and enough people have come forward to say, hey, I am willing to help. I for one am willing to take that and run with it. I think that this would be an opportunity. We know that further discussion has to be taking place. I think we should form a group that can come together with representatives of all sides, all concerns, because frankly I need some education in this regard from the AMA. I don’t know exactly what the technology is out there. I don’t know what the ordinance that the AMA is proposing. But, I do know one thing. I do know that we can work this out as a community. So, I think before we take any action,  I think we need to afford ourselves of the expertise in the room. I know how it is when you are trying to enjoy the quiet of your country home. There are certain property rights there. I also understand that people who enjoy the opportunity of creating this family event, this family atmosphere that does involve property rights as well. So, we need to bring folks together to find out where is that amenable middle ground so that we are not adversaries. Because one way or the other, however this all shakes up, we are still going to be neighbors. So you have to consider that as part of the future. And there are ways to bring this together. So I think first of all that may be something that I would certainly be willing to participate in, call it a Commission or an Advisory Board, to come up with a solution to this issue. But we can discuss that later, too. One thing that both Prosecutor Gensel and I agree on is that this in no way is a criminal issue. This is not something that is going to be enforced or enforceable utilizing a state statute regarding disorderly conduct. It just doesn’t fit. It is not what the law was designed for and I applaud Mr. Gensel because he has done the research to find out that it has never been utilized in that fashion anyway. So, I am absolutely supportive of the idea of coming up with some sort of a solution. But I am not smart enough to do it on my own. I do need your help and I welcome your help and I hope the Commissioners will allow us to get that sort of a ball rolling. Because the information is out there, we just need to find out what it is and discuss this when we get some real answers.”

    Com. Harper, “Before we finish, I want to say a couple words and I am sure John and Carole want to. Tonight we are not going to take any action. But I want to say, and Dave’s got some good suggestions, but I think, was that your son in law, Buzz, that talked? I think Mr. Rice, in the first couple minutes of his talk probably unintentionally stated what I think is probably the attitude of the national organization. That is to protect the sport they have to have some limits and they have tried to come up with some suggestions because they realize if they aren’t so into the sport then bad things can happen to the sport. I think that’s what happened. It is still my understanding that they have a private property ordinance. They do have a private property ordinance, not a race track, just a private property ordinance and I think that if we do have a committee, we need to take a look at that to protect everyone. There has probably been a lot of work gone into that to protect the neighbors and to protect the people that are participating in the sport. I don’t mind the idea of a committee but I think we shouldn’t start something that is going to be a six month process. If Sheriff Lain is willing to head up a committee and Mr. Gensel is willing to serve on it and Ms. Knoblock is willing to serve on it, and Commissioner Evans, do you want to let her serve for us or do you want to serve on it also?”
    
    Com. Evans, “I’ll be glad to serve on it.”

    Com. Harper, “All right, Commissioner Evans can be on the committee and set it up. Maybe try to report back to us in a month. Now, and I would like to ask Mrs. Thode to serve on it, because she’s got the ordinance and if they can get that set up I think it would be great. Our duty is to everyone. We’ve been hearing both sides back and forth so to me that seems to be a good starting point. John, do you have any comments?”

    Com. Evans, “Yes. I think as a Harley rider I’ve been told my pipes were too loud on more than one occasion. So, I admire and respect the motocross people because it is a sport and it is physically demanding and it is something that teaches like everyone in here said, but we have to also remember there are personal property rights that have to be respected as well. I think the committee idea expressed by the Sheriff is the best way to go. I would like to see Buzz on that committee as well because I think he represents this board very well. Mrs. Lynch, since  you don’t have any involvement I would like to see you on that committee if that would be all right with you. And there should be one other person to round it out and if everybody is willing to do that…how about the bald guy? I think we need somebody from the other side. Anybody think there should be any other members? How about the guy from Buck’s? And one other thing and many of you touched on it was the fact that the county should do something like that. You need to remember every time we do something like that for one particular group another group comes along and says you did it for them, why don’t you do it for us. I know it’s your tax dollars but they only go so far. One suggestion I might make, we have a Wildlife Advisory Body in this county because somebody donated 94 acres of ground so if there’s somebody that has an idea that they’ve got some property they’d like to set up in that vein, there’s no stopping the county from looking at that donation for that purpose, either. For personal planning or wills or estates I think it’s tax deductible, I’m not sure, you can talk to an attorney. When is your first meeting, David?”

    Sheriff Lain, “We’ll have a meeting right after here to decide when our meeting is.”

    Com. Evans, “Everybody that agreed to serve, anybody else?”

    Com. Knoblock, “I think we all need to think about what is reasonable. I don’t live too far from the one on 200 West and I got called up there one night and the dust was flying, you couldn’t even see the bike riders, it was so heavy. It was blowing over into the neighbor lady’s house and she is a sick person, and she had all her windows and doors open and I thought, oh my gosh, but I think we need to have work done on this. I think we need to find a place instead of just the neighborhoods where they do it.”

    Com. Harper, “David, plan on four weeks getting back to us. Do I hear a motion?”

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


BOARD OF COMMISSIONERS
PORTER COUNTY, INDIANA


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




Attest: James K. Kopp, Auditor