PORTER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
TUESDAY, AUGUST 21, 2007
6:00 P.M.


 The regular meeting of the Porter County Board of Commissioners convened at 6:00 p.m. on Tuesday, August 21, 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 August  20, 2007, Com. Knoblock   seconded, motion carried.


APPROVAL OF MINUTES

 Com. Evans moved to approve the minutes of July 24, 2007, Com. Knoblock seconded, motion carried.


APPROVAL OF CLAIMS

 Com. Evans moved to approve the claims of August 14, and August 21, 2007, Com. Knoblock seconded, motion carried.


RACKOUSKI ROAD DEDICATION PRESENTATION
Gregory Babcock, Attorney

 Atty. Babcock, “I am Greg Babcock and I am here with Bruce Rackouski. Bruce has 72 acres in Porter Township off of County Road 600 West. They were divided into seven 10 acre lots with up to 2 acres already platted out for the roadway. We are working with the County Highway Department, first with Dave and now with Ray Riddell. Ordinance 90-03 allows for metes and bounds dedication for roadway, it doesn’t give us what I felt was a good feel for coming in front of the Commissioners to lawfully accept those types of dedications. So, we’re here this evening to discuss the possibility of opening what would be known as Road 460 South, what I think now, Bob Thompson has looked at as designating it. 90-03 gives us a set of requirements for describing it with the legal description certified by our surveyor, our engineer, or (inaudible)….will be preparing it like you would in an ordinary situation. The road specifications would be reviewed by County and approved. We’ve got the posting of the bond at some point in time. Those are all the steps that would go into this. It’s a pretty good expenditure from the standpoint of the developer. So, I thought what was appropriate and I talked with Gwenn, and I come before you to answer any questions you have and get a reflection of the minutes that an individual follows and dictates of 90-03 that would be prepared to dedicate that road to be accepted by the Commissioners. So, Bruce and I are here to answer any questions you might have. We did turn in a drawing, I believe, that everybody had a copy of to kind of give you an overview of what it looks like from that perspective.”
 Com. Evans, “There are seven 10-acre lots, so how many, if you do this, the Plan Commission still has to approve whatever buildings go up on these lots or improvements, there’s no involvement of the Plan Commission?”

 Atty. Babcock, “They have been in front of TAC on two or three occasions on 10-acre splits a while back.”

 Com. Evans, “So the splits are already done?”

 Atty. Babcock, “They’ve already been done before the UDO came into effect.”

 Com. Evans, “So each one of these parcels would be 10.4?”

 Atty. Babcock, “That’s correct.”

 Com. Evans, “Then how many homes would be allowed on each parcel?”

 Atty. Babcock, “Just one, John.”

 Com. Evans, “Just one on each parcel?”

 Atty. Babcock, “Correct.”

 Com. Evans, “The road goes straight in, there’s a cul-de-sac and it comes right back out to 600?”

 Atty. Babcock, “Yes.”

 Com. Evans, “And the total length is 377 feet.”

 Atty. Babcock, “I think it’s about 1,100. On the south side of that. Parcel 7 shows you, about 2/3’s of the way in.”

 Com. Evans, “And then there are still going to be utility easements on the side of that?”

 Atty. Babcock, “On each of both the north and south sides there is a 30 foot utility easement on both sides. It is not in a location that has utilities, but it’s planned for if it ever occurred. You would have an opportunity to do it without having to impact the road.”

 Com. Evans, “And according to the ordinance, we can’t do this until work has begun. I believe you are looking for some kind of commitment on our part that if you go to the expense of doing this we are going accept it rather than not.”

 Atty. Babcock, “Yes, 90-03 doesn’t give us much  more than it says ‘shall dedicate to the Commissioners through the work with the Highway Department and the attorney’ but we still felt it appropriate to be here because it is a pretty serious expenditure. We wanted to make sure that it is where we should be headed.”

 Com. Knoblock, “This is the first time I ever knew of this. Usually after they get the subdivision done, then we decide if we’ll do this.”

 Atty. Babcock, “In your normal plat situation, Mrs. Knoblock, you would have a road dedication on that recorded secondary plat.”

 Com. Harper, “What she is talking about is the county accepting the road.”

 Com. Evans, “He’s asking us to accept it…”

 Com. Harper, “I understand that, but I wanted Greg to explain to her and she’s asking the question. Do you understand her question? She’s saying that normally when we see these and we deal with roads and subdivisions, this is not the normal procedure.”

 Atty. Babcock, “No, it’s not.”

 Com. Harper, “Can you explain to her why it’s not and what you are asking for?”

 Atty. Babcock, “The reason there’s a difference is the development is utilizing the 10 acre parcels in this setting here. If we would come in with, as a matter of fact, this particular development did come in at 35 units at one point and was rejected for various reasons, and so taking advantage of the ten acre parcel rule, you still have to have a dedicated right of way. So we want to come and utilize the particular ordinance that was designed in the ‘90’s for that particular purpose. One thing to note, the requirements that are in 90-03 mirror activity that you would have in your regular plat situation in terms of inspection, bonding, and dedication.”

 Com. Harper, “So you are not asking us to accept this road?”

 Atty. Babcock, “Not this evening.”

 Com. Harper, “You are just asking us to say you can build this road and if it meets county standards and the Highway Department will accept it, then we will …(inaudible)…, that’s what you are asking?”

 Atty. Babcock, “That’s correct, Bob, because of the expenditure of the funds that you have in that situation there with 1,100 feet you are looking at probably about $100,000.00 is our estimate.”

 Com. Harper, “Any more questions?”

 Com. Knoblock, “No, I just never have done this before.”

 Com. Evans, “I think it is the first time we’ve been requested to do it this way but I don’t know if it is a bad idea because it is a pretty hefty expense to undertake and then get down to it and then still be a private road if the intent is to have it as a public right of way. I kind of would like to ask Ray if he’s looked at the drawing, if this road as it is on paper would conform to existing county standards?”

 Ray Riddell, (Mr. Riddell was sitting far back in the audience and was not able to be heard clearly)   “Yes, it does. I haven’t seen all the plans, but I would grant approval of this dedication of right of way by metes and bounds, kind of contingent on some of the things you touched on. The driveway plans (inaudible)… accepted by the Commissioners. We would also need the two year (inaudible)… and with the road acceptance and the road agreement.”

 Com. Harper, “I would feel better to do this in two weeks and we get all that written up.”

 Com. Evans, “Bob, did you have something?”

 Mr. Thompson, “It cannot be a private road.”

 Com. Evans, “It cannot be a private road?”

 Mr. Thompson, “It cannot be a private road. If they want 7 parcels because of the time that the subdivision control, what a subdivision is and what a subdivision is not is 10 acre parcels, all the parcels are 10 acres or greater are on an existing county road or public road. So, this road has to be built to Ray’s standards, also the Plan Commission standards as far as block lanes and the road has to be dedicated and made public and then they can get building permits. But, and I did inform Mr. Rackouski and the engineers, this road is going to have to be built and accepted by the engineers before we can release permits on it.”

 Mr. Rackouski, “I understand that. I just didn’t want to do something and come back to you guys in 20/20 hindsight and say you should have done it in a different manner. So I thought it better to be safe than sorry. That’s why I am here. So we fully agree to comply with all the laws that are necessary here.”

 Com. Harper, “You are saying, Bob, our ordinance, as it is written today, will require them to be under all county standards on this road before you could ever issue building permits?”

 Mr. Thompson, “Correct.”

 Atty. Babcock, “One of the things we are working on with Gwenn is I have given her a rough idea of what a Deed of Dedication might be in this situation, that’s one of the things we can work on if you need two weeks. It gives us a chance to fine tune what the document would look like when the time comes.”

 Com. Harper, “Why don’t you just come back in two weeks?”

 Com. Evans, “I don’t have a problem with that.”

 Atty. Babcock, “Any other thing that you might need, Bob?”

 Com. Harper, “I don’t think I have a problem with it, I just want to make sure Bob and Highway have all the things in place.”

 Atty. Babcock, “One of the things from Ray’s perspective so you know, is that we would still be providing the order and setting for our engineer. We will still by providing Ray with road concepts, grading and those kinds of things as part and parcel of that activity. If you look at the ordinance it indicates that you provide that to him, he has 45 days to review it and respond to hey, did you do it properly, if not, what do you have to do to make it work.”

 Com. Harper, “So I don’t think there will be problem with it. Let’s just put it over for two weeks. What’s the meeting date?”

 Ms. Hartig, “September 4th.”

 Atty. Babcock, “Right after the holiday, okay. Thank you very much.”


OFFICE HOLDERS/DEPARTMENT HEADS

Lease Purchase Agreement for A/S 400 Upgrade
Sharon Lippens, IT Director

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

 Ms. Lippens, “I just got it myself at 4:15.”

 Com. Harper, “Who did you get it from at 4:15?”

 Ms. Lippens, “From IBM.”

 Com. Harper, “This is money in your budget?”

 Ms. Lippens, “That’s right.”

 Com. Evans, “When does the current lease expire?”

 Ms. Lippens, “It expired last August.”

 Com. Evans, “And it was with IBM as well?”

 Ms. Lippens, “Yes.”

 Com. Evans, “And the terms of the lease are the same as they were until last August?”

 Ms. Lippens, “Yes, it’s actually not a lease, it’s a procurement until the last payment is made.”

 Com. Evans, “And the dollar amount has changed in what way?”

 Ms. Lippens, “As far as?”

 Com. Evans, “Did it go up? Did it go down?”

 Ms. Lippens, “From the last time? I honestly don’t know. We were looking at  the different configurations this time. I would assume it stayed about the same because it was the same I had in my budget for the last several years.”

 Com. Evans, “We could approve it based on the attorney approval.”

 Com. Harper, “Carole would like to see it. So, let’s continue it for two weeks. Is that a problem?”

 Ms. Lippens, “No. Well, this isn’t a whole new contract, it’s not changed from the last one.”

 Com. Harper, “I understand you just got it so let’s put off for two weeks.”


STATEWIDE VOTER REGISTRATION SYSTEM AGREEMENT
Dale Brewer, County Clerk

 Com. Evans, “This is just a renewal, isn’t it?”

 Ms. Brewer, “Yes.”

 Com. Harper, “How is this working?”

 Ms. Brewer, “Statewide Voter Registration? It is federally mandated throughout the United States, actually ours isn’t too bad. There are some kinks, but as we find them we perfect them. All 92 counties are participating. You have to by law in order to keep our federal money.”

 Com. Harper, “Are you having any trouble getting information you need from them?”

 Ms. Brewer, “I sit on the SPRS Board and on the County Advisory Board, so we are right on top.”

 Com. Harper, “Any questions, Carole, John?”

 Com. Evans, “No.”

 Com. Evans moved to renew the agreement, Com. Knoblock seconded, motion carried.

AWARD SALT BID
David James, Assistant Highway Superintendent
 Mr. James, “In Al’s absence, he is ill tonight, two weeks ago we accepted five bids for salt companies. Two of them were no bid. Detroit Salt Company was a no bid, and American Rock Salt Company out of New York was a no bid. Morton Salt Company, North American Salt Company and Cargil. We decided to take Cargil Deicing Technology out of Chicago, they were able to supply the amount of salt that we need. They came in at the same price as we are paying right now for this year. The other two were almost $10.00 higher per ton. $39.42 for Cargil. This will be the first time in my stay in the front office that we’ve used Cargil but we’ve talked to Jasper County who uses them and has used them for the past several years and they said they get good service from them. And we found out, too, that LaPorte County is using them and they are getting a good repour with the company, so we decided to go with Cargil. And the bid check is in place.”

 Com. Evans, “Would it be wise to also accept the other bids contingent on something happening with Cargil that is unforeseen that would allow them to not deliver?”

 Mr. James, “It’s all or nothing with the salt bids. The other ones won’t stay on board. We’ve tried to do that in the past and they will not stay on. They say you went with them, good luck.”

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

CHEMICAL DEPENDANCY AND ADDICTIONS PROGRAM AGREEMENT-PORTER STARKE
Doug Snider, Chief Deputy, Porter County Sheriff’s Department

 Doug Snider, “Good evening.”

 Com. Harper, “Now it is my understanding that this is adding another program for the men at the jail, correct?”

 Chief Snider, “It would be a half time counselor that we would be adding from the current 2 that we have to 2 ½ to meet the need of the substance abuse program, yes.”

 Com. Harper, “Will it add another session?”

 Chief Snider, “Yes.”

 Com. Harper, “Because there is a waiting list and that you can’t get everybody in with what you’ve got right now?”

 Chief Snider, “Correct.”

 Com. Harper, “And this is to come out of the booking fee and you guys have the funds to pay for this?”

 Chief Snider, “The booking fee will be able to afford this, yes.”

 Com. Harper, “Have you seen this?”

 Atty. Rinkenberger, “Yes. The whole print has changed.”

 Com. Harper, “So you will have two male classes graduating every…?’

 Chief Snider, “I think it is twelve weeks. It’s a twelve week program.”

 Com. Harper, “And one female?”

 Chief Snider, “And one female.”

 Com. Evans, “I think it is a very worthwhile program.”

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

 Com. Harper, “I think it is really good that you guys are getting this in place.”

 Chief Snider, “It’s a good program.”

UPDATE OF TORNADO WATCH AND WARNING PROCEDURES FOR COUNTY BUILDINGS
Phil Griffith, EMA Director

 Com. Harper, “You were here last time on this, right?”

 Mr. Griffith, “Yes.”

 Com. Harper, “You know, the museum is also a county building.”

 Mr. Griffith, “That is correct. I have to go through that one. I am meeting with the Opera House staff tomorrow and I am going to meet with the museum on that. With the Opera House staff we are going to go through and make sure they have their own weather radio and if not I will take one over to them. We’ll go through the plan with Brian and set up and set up a time with all his staff to go through the training on that. I am going to set up times to do that and with each of the other offices to go through it with them. We also bought several really, really good videos on this that will be available for the offices to check out and utilize. I got them on VHS and DVD both.”

 Com. Harper, “Do you need anything from us tonight?”

 Mr. Griffith, “No.”

 Com. Evans, “I have a question. Last Wednesday when the big storm rolled through here, the sirens, I think at Brummit School, stuck on. Is there a reason for that?”

 Mr. Griffth, “I think it was from lightening. I think that is why it stuck on. Fortunately, or unfortunately, nobody called us so for about an hour and a half it was blasting away. And then Cartronics called and he’s a radio tech and he went down and shut it off for us and then they checked it. The town of Chesterton hired him to trouble shoot the program and find out what happened.”

 Com. Evans, “You know when all those went in and everybody was made aware of what was going on, the information was pretty free flowing. Wouldn’t it be a good idea to maybe now do the press release to the different news agencies within the county letting them know what the sequences mean and just to get that back out there again.”

 Mr. Griffith, “Definitely. We sent it out but it was in the Spring when we sent it out during Severe Weather Week but it kind of took a back page.”

 Com. Evans, “But if it was in a format or get the newspapers to do it in a format so that when people hear it, I mean, I know they flood the phone lines to the fire departments and police departments, you know, what’s it mean, what is going on, so if the intervals could be discussed in the paper.”

 Mr. Griffith, “On test day, it’s one minute on, one minute off, one minute on is the test. Three minutes continuously is the real thing. Because on the first Tuesday of the month, if there is severe weather we don’t do the test.”

 Com. Evans, “If you could just disseminate that one more time. Ask the local media to please help us get out the word so that people know when those things go off whether it’s a test or whether it’s the real thing and how to act.”

 Com. Harper, “How much of the county is not covered?”

 Mr. Griffith, “Probably 35% of the population is not covered. Right now we have about 65% that is covered by a siren and if you turn on the weather radios and the informative devices we have, every single school is covered. So, if you’re in the daytime population we’re probably 80%, nighttime population probably 65 or 70% is covered by sirens.”

 Com. Evans, “And it depends on which way the wind is blowing.”

 Mr. Griffith, “And the bad part about sirens, you know they are a great tool, they are not the total answer, but people say ‘I can’t hear them in my house’ well, they are early outdoor warning sirens. The outdoor word tells you they can really by heard outdoors, the weather alert, the all hazard radio is the ideal thing for everybody to have. They are about $50.00. After Evansville got hit last year, they changed the county ordinance to every single mobile home park, every single mobile home must have a weather radio.”

 Com. Harper, “Carole, any questions?”

 Com. Knoblock, “No. I just never heard them.”

 Mr. Griffith, “Never heard the sirens?”

 Com. Knoblock, “No.”

 Mr. Griffith, “Porter Township has four and I know Morgan Township has one, Kouts had two, Pleasant Township had two, one of theirs went down, and the fifty year old one broke on them. Fortunately, we put up a new one. Every township has at least one.”

 Atty. Rinkenberger, “Don’t we need to approve the watch procedures for the courthouse?”

 Mr. Griffith, “Yes, I have seven buildings that you guys have in front of you, the plans are all done and ready to go.”

 Atty. Rinkenberger, “And those seven for the record are… why don’t you say what those seven are so we can have a motion to approve them?”

 Mr. Griffith, “We have the Opera House, the Expo Center, the Administration Building, the Courthouse, the Greg Phillips Building, County Highway, and North County Complex. Those are all done and if you approve those then I can make copies and get them out to the various buildings and offices in those buildings and set up classes.”

 Com. Evans moved to approve the plans as submitted, Com. Knoblock seconded, motion carried.

COPIER LEASE AGREEMENT, MEMORIAL OPERA HOUSE
Brian Schafer, Director

 Mr. Schafer, “This copy machine is a color copy machine that we are adding. It’s not replacing any machines, this is an additional. It will allow us to print, staple and fold all of our programs and probably save us thousands of dollars a year.”

 Com. Harper, “Is  this a 36 month lease?”

 Mr. Schafer, “It is. It’s a three year lease and it’s a Canon machine and it will be on a quarterly payment.”

 Com. Harper, “And you have the money in your budget?”

 Com. Evans, “Is part of that lease maintenance agreement?”

 Mr. Schafer, “The maintenance agreement is actually separate and I don’t know that I would, I haven’t explored the option of a service agreement yet.”

 Com. Evans, “You’re doing 12 payments on a 36 month lease so you are going to do it on a quarterly basis?”

 Mr. Schafer, “Correct.”

 Com. Evans, “The total amount of the lease is, I see a monthly dollar amount but I don’t see a total.”

 Com. Harper, “What’s the payment amount?”

 Mr. Schafer, “The quarterly payment amount is $1,303.50. It’s about $5,200.00 I believe. On a yearly basis. Just to give you an idea right now with the programs, I have to go to Staples to get my programs copied right now and that is costing us, one show alone probably costs us about $15,000.00. Ten to fifteen thousand as opposed to $5,000 a year for the entire machine.”

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

 Com. Harper, “You wanted to discuss your roof?”

MEMORIAL OPERA HOUSE ROOF REPLACEMENT DISCUSSION

 Mr. Schafer, “The roof at the Opera House is leaking in several locations, primarily right now the concern is it is leaking on stage, with all the electrical equipment, and the lighting that’s hanging on stage, the costume shop upstairs where there are obviously lots of clothing hanging that’s getting damaged or ruined and down in the basement there are several areas that are pretty significant leakage that happens pretty much with any amount of rainfall that happens right now.”

 Com. Harper, “If you did this would you get bids and bring bids back to us?”

 Mr. Schafer, “Yes. I would be asking for your approval to go out and receive the bids and bring back to the next meeting.”

 Com. Harper, “Carole, John?”

 Com. Evans, “Obviously it will have to be paid for so I propose splitting it with Center District. North District will take care of half of it if you’ll take care of the other half. Maybe a third, a third and a third. We’ve spent too much money on that building to allow that roof damage all the other good things that are there.”

 Com. Evans moved to allow bids for the roof to be let out, Com. Knoblock seconded, motion carried.

REPORT FROM COMMISSIONERS

All Disctricts:

1. INDOT claim voucher #9 for bridge inspection, Phase 1, to pay the county $1,008.80. recommend approval.

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

2. INDOT claim voucher #10 for bridge inspection, Phase 1, to pay the county $923.65. recommend approval.

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

CORRESPONDENCE

 Treasurer’s monthly report for July 2007 is on file.
 Weights and Measures monthly report for July 2007 is on file.

Request for approval of official bond for Raymond Riddell, Interim Porter County Engineer in the amount of $8,500

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

 Com. Harper, “Before we go into Plan Commission is there any other Commissioner business?”

ROBERT HARPER NOMINATION TO NICTD BOARD

 Com. Evans moved to nominate himself for the replacement on the NICTD Board,

 Com. Harper, “Do I hear a second to that?” 

 Com. Knoblock, “I didn’t know that was going on.”

 Com. Harper, “I didn’t either, it’s not on the agenda. I sure would like to serve on the NICTD Board.”

 Motion died for lack of a second.

 Com. Harper, “Do I hear another motion?”

 Com. Knoblock moved to nominate Robert Harper to serve on the NICTD Board, Com. Harper seconded, motion carried with Com. Evans voting against.


REQUEST FOR QUALIFICATIONS FOR CORRIDOR STUDY

Com. Harper, “Anything else?”

 Ms. Hartig, “Do you want to do the proposals that are not on the agenda?”

 Com. Harper, “Bob, tell us what this is about, this is yours, right?”

 Mr. Thompson, “This is the Request for Qualifications that were signed by the Commissioners a couple of meetings ago. It’s for the corridor study, also for the construction standards that we were looking at. What we were in front of Council requesting as far as CEDIT money and they asked us to go through this process where they asked us to go through the qualifications, do the interviews and then get proposals and firm costs to be able to do the corridor study and also the construction standards. The construction standards are just that, for development that is coming in. It’s going to be working with the Highway Department, with the road specifications and it’s also going to get into all sites and types of specifications as far as parking and lighting and a number of things of that sort. This is all about that the Council supported it, but they just wanted us to come out and get firm costs on it.”

 Com. Harper, “So what are you asking us to do with this?”

 Mr. Thompson, “All this is just going to ask is just to open these tonight and just log into submitting the RFQ’s and I was going to take all those up and hand them out to the Plan Commission because they were instructed to have the Plan Commission do the interviews of these companies and decided how they want to proceed. That was part of the RFQ.”
 Com. Harper, “So you think we need to open these?”

 Atty. Rinkenberger, “You could probably just identify for the record everyone who has sent one in and then he can open those.”

 Mr. Thompson, “The Auditor’s has a listing of all those that did submit. I just wanted to make sure it was done at a public hearing.”

 Com. Harper, “Now did they both submit for the corridor study and the…”

 Mr. Thompson, “I do know of one fact from one company such as URS Corporation, they came with DLZ to do the corridor study. DLZ sent the separate RFQ for the construction standards. I would assume most of them sent both.”

 Com. Harper, “Let me say who we got proposals from, either for construction standards or the corridor study. Edwards & Kelchy, Inc.; America Structurepoint, Inc.; Best Imaging Solutions; TY Lin International; RW Armstrong; URS; Conservation Design Forum; HNTB Corp.; Butler, Fairman & Seufert; and DLZ. So you will take those?”

 Mr. Thompson, “I will take those and open them up and distribute them to the Plan Commission members.”

 Com. Harper, “Any questions, John?”

 Com. Evans, “They should also be made available for the general public.”

 Mr. Thompson, “Yes, there’s enough copies to give to the Plan Commission members and we’ll have a copy at the Plan Commission office for anyone that wants to review it.”

 Com. Harper, “Anything else for the Commissioners’ meeting? Any last minute surprises? Then let’s go into Plan Commission.”

PLAN COMMISSION

Rezone-I2 to IN-Michigan City Area Schools-2nd reading

 Mr. Thompson “First on the agenda, this is Plan Commission Resolution 07-10, petitioner Michigan City Area School Corporation requesting a zoning map amendment from I2-General Industry to IN-Institutional. This is second reading. The Plan Commission did hear this at their public hearing on July 11th, I believe, and was recommended approval with conditions. Michigan City Area Schools’ attorneys were going to be presenting written commitments for this.”

 Com. Harper, “Okay, did  you get the written commitments?”

 Mr. Thompson, “We had a draft copy but I did not have a signed copy from the school corporation.”

 Atty. Leeth, “A draft copy was submitted. Once you pass the ordinance I will submit the revised commitment. We made one additional correction or addition to the draft commitments that were submitted and that was to attach a copy of the site plan. Once I get the reduced copy of the site plan, remember this was an agreement that has to be recorded so we are going to have a reduced copy of the site plan attached to the written commitments, we will have is signed and submitted to the counsel for the Commissioners after your actions tonight.”

 Mr. Thompson, “I did have a copy of the draft. I did review it and I did believe I put it in with the report I have here. The items that the Plan Commission requested as far as written commitments were one, the construction be done for the site plan as shown, there was one additional proposed classroom pod. They said no more than four pods, if I remember correctly. The fourth one was under the proposed one, if they wanted to do any further construction on that site they had to come back and amend the commitments and be before the Commissioners and Plan Commission at a public hearing. The other one was the other area that was within the site plan shown as green space or open space be committed to staying natural for the open space. Open space commitment and recording in the plat that they presented with the written commitment.”

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

 Com. Harper, “So these written commitments…”

 Mr. Thompson, “There is one last one and that is the drainage study and I do have the drainage study back from DLZ and DLZ says when everything has been submitted that they appear to meet all the county’s requirements for the storm water ordinance and storm water manual. So they are clear from our consultant on drainage.”

 Com. Harper, “Are you satisfied that these commitments need to be passed as requested?”

 Mr. Thompson, “Yes.”

 Motion carried.

Amendment to the Unified Development Ordinance #07-05, 1st reading

 Mr. Thompson, “This is an amendment to the Unified Development Ordinance, Ordinance 07-05. What this is is, the setback requirements involved with the residential lake area, the Plan Commission felt that the side yard setback needed to be moved back to what it was originally for that area which was eight feet and also rear yard setback be moved to ten feet. Originally within the UDO it was at five feet. This is Resolution 07-12 from Porter County Plan Commission and those are the recommendations, it was approved with a favorable recommendation of 8-0 vote to County Commissioners to increase those setbacks from five to eight on the side and from five to 10 for the rear.”

 Com. Harper, “Which is what they were before the new ordinance was passed.”

 Mr. Thompson, “The side yard, yes.”

 Com. Harper, “I am going to open the public hearing, is there anyone here to speak for or against this? If not, I will close the public hearing. Let me just say that it was done because there’s a lot of people coming in for variances out there but then after it was done it was realized that it could be a hardship both ways. So it is just going to have to be handled on a case by case basis. So that is why the Plan Commission approved it.”

 Com. Evans, “This is only the lake district?”

 Mr. Thompson, “Yes, the lake district. Actually what it comes down to is the Lake Eliza area, Flint Lake, Long Lake areas and residential lake district, you cannot rezone to that district, its for those areas and those areas only.”

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

Rezone-AG to RR-Joanne Baron, petitioner, 1st reading

 Mr. Thompson, “This is Plan Commission Resolution 07-11, Petitioner Joanne K. Baron, requesting a zoning map amendment from AG, Agricultural and Open Space to RR, Rural Residential. The Plan Commission reviewed this at their July 25th hearing and forwarded it to the County Commissioners with a favorable recommendation with commitments by a 6-0 vote. Commitments are that this parcel, and I’ll read them, said described parcel that is being rezoned shall only have two subdivided lots for single family residential development. One already does have an existing home on it so there will be an additional lot with one proposed residential structure on it. Said parcel shall only have two entrances for residential development and tree lines existing along parcel boundaries shall be preserved as open space and enhanced for additional buffer to maintain rural character. And those are the three items and as I said Plan Commission forwarded this to the County Commissioners with a favorable recommendation by a 6-0 vote.”

 Com. Harper, “We’ll open the public hearing. Is there anyone here to speak for or against?”

 Mr. Thompson, “Mrs. Baron is here.”

 Com. Harper, “Go ahead. You can come up and speak by the mike. Just give us your name and address because she is recording this and then make whatever statement.”

 Joanne Baron, “My name is Joanne Baron, I am sole owner of the property at 812 South 350 West and I would like to petition the Commission to grant me rezoning from Agricultural to Rural Residential so that I can build a house, another structure on my property for a family member.”

 Com. Harper, “This is for a family member?”

 Ms. Baron, “Yes.”

 Com. Harper, “Any questions, Carole?”

 Com. Knoblock, “How many acres was that?”

 Ms. Baron, “Seven, just slightly over seven acres.”

 Com. Harper, “And there is already one house on it?”

 Ms. Baron, “There is already one house on it, the house that I occupy by myself.”

 Com. Knoblock, “So it would be 3 ½ each?”

 Ms. Baron, “Correct.”

 Com. Harper, “Any other questions? John? Anybody else wants to speak on this? If not I will close the public hearing.”

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

 Com. Harper, “Anything else? Any other business to come before the Commissioners?”

 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