PORTER COUNTY COUNCIL
September 28, 2004

The Porter County Council met on Tuesday, September 28, 2004 at 7:00 p.m., in the
County Administration Center, 155 Indiana-Suite 205, Valparaiso, Indiana.

Members present were Karen Conover, Carole Knoblock, Robert Poparad, John Ruge, Al
Steele, and President William Carmichael. Also present was Attorney David Hollenbeck, Auditor Sandra Vuko, Sheila Minton, and Karen Owen.

Mr. Carmichael called the meeting to order with the Pledge of Allegiance.

IN MEMORY OF JOHN WHITCOMB

Mr. Carmichael, We have one of our de-facto council members who is missing tonight. The second row is empty. Mr. Whitcomb is not here. He is no longer with us, so let's have a moment of silence for Mr. Whitcomb.

Mr. Steele, Bill, I'm sorry, I didn't know.

Mr. Carmichael, Yes, he's passed on, Al.

At this time a moment of silence was observed.

Mr. Carmichael, Amen.


Mr. Carmichael, You've received copies of the minutes from July 27th and also from August 9th. What's the Council's pleasure?

Mr. Poparad moved to approve the minutes of July 27, 2004 and August 9, 2004 as received. Mr. Steele seconded, motion carried on a unanimous roll call vote.

FIRST READING

At this time Mrs. Vuko read the Notice to Taxpayers

STATEMENT OF BENEFITS
Family Express Corporation

Mr. Carmichael, Family Express.

Attorney Todd Leeth, Good evening, my name is Todd Leeth.

Mr. Carmichael, Todd.

Atty. Leeth, I'm here on behalf of Family Express. As you know Family Express is a locally-owned business that's been in our community for over three decades. They've asked me to assist them in seeking something they've never done before, and that's to seek a real estate and personal property tax deduction or tax abatement as it's more commonly known. They are endeavoring into a new venture or a facet of their business.
As you know, tax abatement is a three-step process. It requires the timely filing of different petitions and so forth. It's been my job over the last two or three months to work with them in order to get now to this process. The project that we are here talking about is located at 209 South 49. It's the old McGill Manufacturing plant, down in Morgan Township. They have purchased that property, and wish to rehabilitate that building for their purposes to allow them to make and manufacture sandwiches, donuts, and other food products that they would then sale in their individual 42 stores that are located in our region of the state. This calls for an investment of over $2,000,000; $1,278,000 of personal property, new manufacturing equipment. It also is a large expenditure, no only of the land and the building, but also renovations to the building. Extending the sanitary sewer from the city of Valparaiso, about two and half miles. All total, you can tell this is very sizable investment that Family Express is proposing for Morgan Township. Also, we think that it's an asset and benefit to choose a building that is, today, not productive, to rehabilitate it, and make it productive once again, increasing the tax base and so forth.
As I had indicated, this tax abatement is a three-step process. The first step has already been accomplished, and that was back in 1985, in fact, when this body--the county council-- established this land as an economic revitalization area. They did that for the purpose of granting tax abatement, either then or in the future. So I think it was intended by that action that this property in fact be available to receive tax abatement. The second step is what we're here tonight about, and that's to propose to you the project, and explain to you the investment that the company is making in Morgan Township, and hopefully receive your blessing, which is the second
step in the process.
We've submitted the necessary paperwork, and I know that you've received some information relative to the project and the descriptions. I will be happy to answer any questions at the conclusion of my presentation, but I don't want to go through and read to you. I think that's not my job, but I'm going to try and briefly highlight some of the benefits that the company believes certainly are directly a result of the work. And that means between 30 and 50 additional jobs, retained and additional jobs. That's a direct benefit, and those jobs are going to have at a minimum $645,000 annual salary to go along with that. It more than likely will be far more than that. But from a conservative standpoint, we've chosen on the Statement of Benefits to indicate to you 31 jobs, and $645,000 of annual salary. We are of course going to increase the tax assessments, which will over time come onto the tax rolls. We're going to eliminate the outsourcing that we currently have. In other words, today, those same sandwiches and other food products that are sold, a large portion of that, $800,000, almost $900,000 is spent on vendors in the state of Illinois.
We think that by allowing this tax abatement, we can eliminate that outsourcing to other states, specifically, Illinois, and create that productivity and wealth within Porter County, as a direct result of the tax abatement that we are asking you to approve tonight. There are many indirect benefits of this abatement as well. The company feels that tax abatement creates a partnership between local government and business, and I can't think of a more deserving company, frankly, to come to you than one that's been in, you know, locally owned and operated in this community for such a long time. Its locally owned, its well established, and they have a great track record.
The other thing that I think you need to focus on is the involvement that Family Express has in the community. Part of the package, that I think that has been distributed to you is a list of the different community's involvement in charities that they support through their efforts. That was done, certainly, well in advance of any efforts for them to come to you. It's simply their responsible partnership as corporate citizens in our county and our community. As I indicated, this is the second step in the three-step process. With me are Gus Olympidis, president of the company, and Mike Resnick, the vice president of marketing. We look forward to answering any questions that you might have with regard to this proposal. Thank you.

Mr. Carmichael, John.

Mr. Ruge, Just what will you be manufacturing?

Atty. Leeth, Well it...

Mr. Ruge, I don't know what...

Atty. Leeth, It...

Mr. Ruge, I know you're in the retail business, and now you're pulling into manufacturing.
What product will you manufacture?

Atty. Leeth, It's basically the food products that are sold in the stores. Primarily,
sandwiches and donuts.

Mr. Ruge, Sandwiches and donuts?

Atty. Leeth, Yes.

Mr. Ruge, That comes from the manufacturing end?

Atty. Leeth, That's the end product, yes. Now we have a whole laundry list of the equipment that's required to do that.

Mr. Carmichael, No further questions? Deb, did you want to say something tonight?

Deb Butterfield, Do you want me to come up there?

Mr. Carmichael, Sure, come on up, and introduce yourself.

Ms. Butterfield, Sure, my name is Deb Butterfield, I'm president of the Valparaiso Economic Development Corporation, Valpo Chamber. I'm delighted to be here to speak on behalf of this expansion project for Family Express Corporation. As Mr. Leeth pointed out, we're particularly happy that this is going into an existing building that has sat empty in our community for a while, and to be able to put it into reuse. As I'm sure you all are as painfully aware as the rest of us, economic development is not an easy job these days, and creating new jobs is not easy. The best opportunity that we have is to help our local companies to continue to grow and expand, and be competitive. Now, I certainly cannot pretend to understand the gasoline side of the business, but the business that Mr. Olympidis is in is far more than just stopping and getting gas. And he is going into manufacturing these food products, and I think it's going to create a great opportunity.
We also don't have as much opportunity to create a strong economic project outside of the city limits, whether it's in Valpo or Portage or in other areas. This is a good opportunity for us to do a project in Morgan Township, and create an opportunity to grow the tax base over the years. But I think it's just really, really important that we help our local companies grow, and continue to be competitive. Because that's really where our best opportunity for economic success is going to be in the future. Bill Hanna is here, and he's the economic development director for the City, and I think he wanted to just say a couple of words with regard to the City's involvement in the partnership, and how we can look to further expanding the partnership with the County on this project. We appreciate your time.

Mr. Carmichael, Thank you, Deb.

Ms. Butterfield, Thank you.

Mr. Carmichael, Bill.

Bill Hanna, Thank you, sir, members of the council. I'm here tonight representing the City of Valparaiso, the administration, of the City of Valparaiso, I should say, in economic development as their economic development director. I just wanted to make a couple of comments about this project, because I've had pretty close dealings with the Family Express team in regard to this. Let me say too, I'm kind of representing myself as a Morgan Township person. I was born and raised there, so I'm a Cherokee. This project, and that's an important thing, because I've been able to watch the evolution of this particular building, and go from something that was a vital warehouse, something vital, part of McGill's, but not directly, so, to being the heart of a business now. I think it represents a breath of fresh air in that area, and we're talking about something that's just going to bring that facility back to life. I've seen the plans, I can attest to the quality of it, and personally, as the economic development director for the City, have had the opportunity to show that structure to about six different entities interested in going in. I can assure you that this is by far the highest quality of those in terms of being well-managed, locally owned, providing the most amount of jobs, and also, just the investment in the structure itself. One of the other interested parties were willing to invest and rehabilitate that structure to the point that the Family Express team is willing to do. It's also a non-polluter. It's really perfect. It represents perfect balance for that area in terms of preserving the quality of life, and yet providing some valuable employment opportunities to the people in the surrounding area.
From the City, and from the Mayor's office, we'd just like to extend a thank you for hearing this, number one. But also, we're excited about the new and renewed partnerships in economic development. Our meeting tomorrow morning, as a matter of fact, is with the Porter County Economic Development Coalition, and I see a real benefit in sharing information, and helping these things happen as a partnership. I know many of you have been involved in that, and we want to extend our appreciation for that. So, thank you very much.

Mr. Carmichael, Certainly. One question I have. There's water and sewer to the Expo Center, has it been extended down to this particular site?

Mr. Hanna, Yes, sir, and I'm glad you asked that, because that also represents, I think, another aspect of quality here. The Family Express team was interested in doing this properly, and that's from, you know, every aspect, and we're talking about the highest quality in terms of machines, equipment, freezers, and the sewer was part of that. They did some feasibility studies, and looked at, you know, the prospect of doing a commercial septic system, and found that, you know, when you have a bakery in place, that's something that's designed to fail. So they approached us, and we worked in tandem with these Porter County schools to develop a scenario that represented a balance for industry, and then also, again, quality of life, which is to say that we were not interested in overloading the school system there. So we put a sewer, actually, Family Express installed the sewer, and we allowed them to tap on with restrictions in place, with respect to the value to economic development. So it was not our intention to put something in that would expand the residential aspect of it down there without due diligence and proper consideration to the designating body. So that was sort of the solution that we came up with, and Family Express ahead and invested a large sum of money in that infrastructure, and consequently, has alleviated some of the potential for contaminants or anything of that nature.

Mr. Carmichael, Okay, good. Sounds like you've got a real good deal going here by the looks of the jobs and so forth.

Mr. Poparad, Don't we get a samples, usually.

Mr. Hanna, Samples?

Mr. Poparad, Well we got samples from the popcorn people.

Mr. Carmichael, Bob, on your diet, no.

Mr. Poparad, Yeah.

Mr. Carmichael, Yes, Karen.

Mrs. Conover, I just wanted to say that I'm just looking at your community list that you so generous donated. I've been involved in a lot of these committees, and I've never called Family Express where they have not donated water or money or bought a lot of T-shirts or whatnot for many, many worthy charities and events. I don't ever recall you coming to this board, as you're growing your businesses. You're everywhere now. You are just a wonderful example of a successful business person, and you have been a very good fit to the community. You're offering some really good paying jobs, and better paying jobs than we're able to pay our people around here. I think this is going to be wonderful for Morgan Township's schools tax base down the road too.

Mrs. Conover moved to accept the Statement of Benefits submitted by Family Express Corporation, and grant the tax abatement for a period of ten (10) years for both real estate and personal property. Mr. Poparad seconded.

Mr. Carmichael, Is there further discussion? Carole, did you want to say something?

Mrs. Knoblock, No, I'm fine.

Mr. Carmichael, Okay. Oh, I'm sorry, John, did you want to say something?

Mr. Ruge, Yes.

Mr. Carmichael, A motion and a second is on the table.
Mr. Ruge, I, are there going to be a lot of new buildings?

Atty. Leeth, No, the...

Mr. Ruge, A lot of new buildings built?

Atty. Leeth, No, the existing building is going to be refurbished, and rededicated to their purpose. But there will be no new buildings, per se.

Mr. Ruge, Can't you get a loan for that, instead of...

Atty. Leeth, Well...

Mr. Ruge, Instead of getting a tax abatement, can't you get a loan from the bank?

Atty. Leeth, Tax abatement doesn't pay for the work. Tax abatement...

Mr. Ruge, What?

Atty. Leeth, Tax abatement does not pay for the work that's going to be done. Family Express will fund the project itself. The benefit that's derived from tax abatement is an incentive-based issue, giving them a break on their property taxes, both real and personal in the future. Now
the taxes don't ever go down, but they don't go up as fast, as a result of the work that's going to be performed. It's not a funding mechanism at all.

Mr. Carmichael, Okay, thank you. Roll call.

Motion carried on the following roll call vote:

Conover - Yes Knoblock - Yes
Poparad - Yes Ruge - No
Steele - Yes Carmichael - Yes

Mr. Carmichael, Motion carries. Thank you very much.

Atty. Leeth, Thank you.

Mr. Carmichael, It was a good presentation.

Atty. Leeth, Thank you.

Mr. Carmichael, We wish you well.

Gus Olympidis, We thank you very much, and we'd like to have the opportunity to invite you for Java Wave and donuts. It's a little bit more complex than just donuts. You'll be pleasantly pleased. We're really proud of what we are doing there. We're excited about what's going to happen, and if you want to feel a sense of pride or the very uniqueness what we're trying to employ there, it's really pretty cool stuff. So we hope you're going to come over, and we're going to invite you.

Mr. Carmichael, Alright.

Mr. Olympidis, Thank you.

Mr. Carmichael, Thank you.

ELECTION BOARD 01.21
Transfer
$860 from 2252 Coding to 3110 Legal Services

Mr. Carmichael, The Election Board, transfer of $860; whoa, you're going to represent the Election Board.

Dale Brewer, I am the Election Board.

Mr. Carmichael, You want a transfer of $860 from Coding to Legal Services.

Ms. Brewer, Correct.

Mr. Carmichael, Okay.

Ms. Brewer, That's to pay for the court reporter that we had to use for a transcript at one
of our hearings.

Mr. Carmichael, Alright, what's the Council's pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Election Board
01.21, $860 from 2252 Coding to 3110 Legal Services. Mr. Steele seconded, motion carried on a unanimous voice vote.

CLERK 01.01
Additional Appropriation
$12,000 to 1120 Hourly
Transfer
$3,000 from 1110 Salaries to 1120 Hourly

Mr. Carmichael, Clerk, additional; you're representing the Clerk also now.

Ms. Brewer, Yes.

Mr. Carmichael, Alright, two hats. $12,000 to Hourly, an additional. What do you need there?

Ms. Brewer, I only have $400 left in my perpetuation fund; that's what you wanted me to
use, and I am done. I cannot make this next payroll without it.

Mr. Carmichael, Okay.

Mrs. Knoblock, Is this what you need for the rest of the year?

Ms. Brewer, Yes.

Mr. Poparad moved to grant the request for additional appropriations submitted by Clerk 01.01, $12,000 to 1120 Hourly. Mr. Steele seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, A transfer of $3,000 from Salaries to Hourly. What's the Council's pleasure?

Mr. Steele moved to grant the request for transfer of funds submitted by Clerk 01.01, $3,000 from 1110 Salaries to 1120 Hourly. Mr. Poparad seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Motion carries. Thank you very much.

Ms. Brewer, Good night.

CONVENTION, RECREATION & VISITOR'S COMMISSION 93
Additional Appropriation
$1,162.50 to 1241 Longevity
Mr. Carmichael, Porter County Tourism. Hi, neighbor.

Lorelei Weimer, Hi, how are you doing?

Mr. Carmichael, Good. You're losing a tree in your yard.

Ms. Weimer, Yes.

Mr. Carmichael, That's a giant tree.

Ms. Weimer, Yes.

Mr. Carmichael, What happened, lightening?

Ms. Weimer, No, a bunch of us got a tree disease, and they don't know why our street got
hit.

Mr. Carmichael, Wow.

Ms. Weimer, Yes. We've lost quite a few on that.

Mr. Carmichael, Okay. You want $1,162.50 to Longevity as an additional.

Ms. Weimer, Yes, and it will be coming out of our budget, and not the general fund.

Mr. Carmichael, What's the Council's pleasure?

Mrs. Conover moved to grant the request for additional appropriations submitted by Convention, Recreation & Visitors Commission 93, $1,162.50 to 1241 Longevity. Mr. Poparad seconded, motion carried on a unanimous roll call vote.

Ms. Weimer, Thank you.

Mr. Carmichael, Thank you, Lorelei.

HEALTH BIOTERRORISM 238
Additional Appropriation
$500 to 3110 Legal
$750 to 3740 Land & Buildings
$150 to 3710 Rentals
$2,000 to 3130 Training & Education
$100 to 3210 Travel
$200 to 3310 Printing other than Office Supplies

Mr. Carmichael, Health Bioterrorism. Out of Fund 238, you need $500 to Legal, $750 to Land & Buildings, $150 to Equipment Rentals, $2,000 to Training & Education, $100 to Mileage, and $200 to Printing.

Mr. Poparad, Is this all grant money?

Keith Letta, Yes.

Mr. Poparad moved to grant the request for additional appropriations submitted by Health Bioterrorism, $500 to 3110 Legal, $750 to 3740 Land & Buildings, $150 to 3710 Rentals $2,000 to 3130 Training & Education, $100 to 3210 Travel, and $200 to 3310 Printing other than Office Supplies. Mr. Steele seconded, motion carried on a unanimous roll call vote.

HEALTH TOBACCO 203
Additional Appropriation
$2,000 to 3130 Training & Education

Mr. Carmichael, Health Tobacco Settlement 203, $2,000 to Training & Education. What's the Council's pleasure?

Mrs. Conover moved to grant the request for additional appropriations submitted by Health Tobacco 203, $2,000 to 3130 Training & Education. Mr. Poparad and Mr. Ruge seconded, motion carried on a unanimous roll call vote.

Mr. Letta, Thank you.

HIGHWAY- CEDIT 250.30
Additional Appropriation
$80,000 to 00010.191 CEDIT
$80,000 to 00010.291 CEDIT
$80,000 to 00010.391 CEDIT

Mr. Carmichael, Highway.

Mr. Poparad, ITS withdrew, didn't they?

Mr. Carmichael, Say what?

Mr. Poparad, ITS withdrew?

Mr. Carmichael, Yes.

Mrs. Knoblock, Oh, they did.

Mr. Carmichael, Highway, an additional $80,000, CEDIT Plan 1 for District 1, $80,000
for CEDIT Plan 1 for District 2, and $80,000 for CEDIT Plan 1 for District 3. What's the Council's pleasure?

Mr. Poparad moved to grant the request for additional appropriations submitted by Highway-CEDIT 250.30, $80,000 to 00010.191 CEDIT, $80,000 to 00010.291 CEDIT, and $80,000 to 00010.391 CEDIT. Mr. Steele seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, I heard from the neighbor, you did an excellent job with that lady's damage caused by the tree and so forth.

Al Hoagland, Very good.

Mr. Carmichael, Thank you very much, we appreciate it, and so does she. Thank you, Al.

Mr. Hoagland, Thanks.

COMMISSIONERS - CEDIT 252.30
Additional Appropriation
$40,000 to 0001 CEDIT Project 3

Mr. Carmichael, Commissioners, additional of $40,000 for CEDIT Plan 3. What's this all about?

Com. Robert Harper, That's for the building maintenance.

Mr. Carmichael, Building maintenance, what are you doing to the building?

Com. Harper, For the, most of it, the majority of it, for the work that's being done in the
courthouse.

Com. David Burrus, And the refurbishing after the...

Com. Harper, Afterwards to put it back together.

Mr. Carmichael, Okay.

Mr. Poparad, Is this for the mold?

Com. Harper, Well, for the alleged mold.

Mr. Poparad moved to grant the request for additional appropriations submitted by Commissioners-CEDIT 252.30, $40,000 to 0001 CEDIT Project #3.

Mr. Poparad, For the moisture problem.

Mr. Carmichael, There's a motion on the table to approve. Is there a second?

Mr. Steele and Mr. Ruge seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Sheila, how much is unallocated so far? Do you know? Do you have a
figure?

Mrs. Minton, How much is in unallocated?

Mr. Carmichael, Yes.

Mrs. Minton, $470,447.

Mr. Carmichael, That's enough. Bob.

Mr. Poparad, Do you want me to speak to the next one or do you want them to do it?

Mr. Carmichael, Go ahead.

COMMISSIONERS - CEDIT 258.30
Additional Appropriation
$50,000 to 0001 Unallocated CEDIT Funds

Mr. Poparad, This is for the Plan Commission, so we can get rid of an unsafe structure. We've got to pay to tear the house down, to get it back on the tax rolls, but there's no money to start the process. All this came out of the Plan Commission getting with these guys, so we can get an unsafe building demolished in the county.

Mr. Carmichael, Okay.

Mrs. Knoblock, Where's that unsafe building?

Mr. Carmichael, Is that the County Home.

Com. Burrus, Not yet.

Mr. Carmichael, You're smiling.

Mrs. Knoblock, No, I said, where is the building that you're tearing down.

Mr. Poparad, They're all over the county, but we don't have a funding mechanism to pay somebody to tear it down, so we've got to start somewhere, then it goes on the tax rolls, and hopefully we'll get reimbursed.

Mr. Carmichael, Reimbursed.
Com. Harper, Hopefully we'll get reimbursed for the attorney fees and so forth that it's going to take to go after them. The Health Department at one time had estimated that it might be in the hundreds.

Mr. Hollenbeck, At one time, and I can speak for the Health Department, how appreciative the Health Department is that the commissioners and the Plan Commission have stepped up, because this has been an incredible difficult task for the Health Department. But at one time, before the budget constraints, there was $100,000 in the budget to do this kind of stuff.

Mr. Carmichael, Okay, what's the Council's pleasure?

Mr. Poparad moved to grant the request for additional appropriations submitted by Commissioners CEDIT 258.30, $50,000 to 0001 Unallocated CEDIT Funds. Mr. Steele seconded, motion carried on a unanimous roll call vote.

COMMISSIONERS 01.30
Transfer
$160.63 from 1110 Salaries to 4410 Office Equipment over $100

Com. Harper, Okay, one last thing we'd like to mention.

Com. Burrus, Bob, we have the transfers.

Com. Harper, Oh okay, I'll wait until you get done, I didn't realize, I'm getting ahead of
myself.

Mr. Carmichael, We have a transfer of $160.63 from Salaries to Office Equipment over $100.

Mr. Poparad moved to grant the request for transfer of funds submitted by Commissioners
01.30, $160.63 from 1110 Salaries to 4410 Office Equipment over $100. Mr. Steele seconded, motion carried on a unanimous voice vote.

CCD FUND 132.30
Transfer
$3,000 from 4210 Buildings to 3610 Maintenance Agreements

Mr. Carmichael, CCD Fund, transfer of $3,000 from Building to Maintenance Agreements. What's the Council's pleasure?

Mrs. Conover moved to grant the request for transfer of funds submitted by CCD 132.30,
$3,000 from 4210 Buildings to 3610 Maintenance Agreements. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Parks & Recreation.

Com. Harper, We have one more thing we'd like to bring up, not ask that it be done tonight. We would like to request that the Council consider doing the rest of the CEDIT project for the rest of the year on one budget estimate, as they did for next year. This money is going to keep rolling in, and the Highway, and these different departments will keep coming back again and again, so we'd like you to consider that, if you would. We've got some budget estimates that we'd like to leave, and we're not asking you to do it at this meeting, because we realize you need time to think about it. But we'd like to leave these, and see if we can get them put on the schedule to at least discuss them for the next meeting.

Mr. Carmichael, Alright. If you would leave that with us, I'd appreciate it. Do you have copies for everybody?

Com. Burrus, Yes, we do.

Mr. Carmichael, Take a copy, John, then pass it on, please.

Com. Burrus, That's just one set.

Mr. Carmichael, That's just one set?

Com. Burrus, Yes, there has to be a budget for each fund.

Mr. Carmichael, Okay, let's put them back together. Here, John, let me have that. That's one set, and everybody gets a set. This is something to read when you're not doing anything else.

Mr. Hollenbeck, Now I'll remind the Council, to the extent that you're inclined to consider this, you'll need to have an additional appropriation notice. A legal notice will have to be published for them to consider this. So keep that in mind in terms of, that creates some time constraints for the auditor to do the publishing for your next meeting, so.

Mr. Carmichael Well if we don't get it at the October meeting, we can get it at the December meeting, the 1st or the 7th, whatever that meeting is.

Mr. Hollenbeck, But now this is just until the end of this year, Commissioners?

Com. Burrus, Yes.

Com. Harper, Yes.

Mr. Hollenbeck, Well if you wait until the December meeting, you're...

Mr. Carmichael, Well that's why we're going to hold it a December meeting early, so she'll
have...

Com. Burrus, We were thinking possibly the October meeting.

Mr. Hollenbeck, Yes.

Mr. Carmichael, Well I'll poll the Council, and find out what their pleasure is after they've had a chance to read it.

PARKS 01.85
Transfer
$400 from 3130 Training & Education to 3955 Compliance Testing
$500 from 3920 Disposal to 3710 Equipment
$500 from 2210 Gas, Fuel & Lubrication to 3710 Equipment
$200 from 3220 Telephone to 3330 Photo & Blueprint
$300 from 2310 Tires & Tubes to 2250 Other Supplies

Mr. Carmichael, Parks & Recreation. Okay, you have $400 from Training, out-of-county to Compliance Testing. $500 from Disposal to Rentals, Equipment. $500 from Gas & Fuel to Rentals, Equipment. $200 from Telephone to Blueprint/Photo. $300 from Tires & Tubes to Other Supplies. What's the Council's pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Parks 01.85, $400 from 3130 Training & Education to 3955 Compliance Testing, $500 from 3920 Disposal to 3710 Equipment, $500 from 2210 Gas, Fuel & Lubrication to 3710 Equipment, $200 from 3220 Telephone to 3330 Photo & Blueprint, and $300 from 2310 Tires & Tubes to 2250 Other Supplies. Mr. Steele seconded, motion carried on a unanimous voice vote.

PARKS OPERATING 127
Additional Appropriation
$1,000 to 1120 Hourly
$76 to 1210 FICA
$1,064 to 3340 Advertising
$1,500 to 3950 Equipment Rental
$2,300 to 3980 Event Expenses

Mr. Carmichael, Parks & Recreation, and additional. $1,000 to Hourly. $76 to FICA.
$1,064 to Advertising. $1,500 to Equipment Rentals, and $2,300 to Event Expenses.

Ed Melendez, This is, to note, that this is not general fund money.

Mr. Carmichael, That all comes out of your tourism money.

Mr. Melendez, Tourism grant, yes.

Mr. Carmichael, Alright, what's the Council's pleasure?

Mr. Ruge moved to grant the request for additional appropriations submitted by Parks Operating, $1,000 to 1120 Hourly, $76 to 1210 FICA, $1,064 to 3340 Advertising, $1,500 to 3950 Equipment Rental, and $2,300 to 3980 Event Expenses. Mr. Steele seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Parks & Recreation, that's the end of it.

Mr. Melendez, Thank you.

Mr. Carmichael, Thank you very much. Keep up the good work, Ed.

Mr. Melendez, Thank you.

SUPERIOR COURT 4 - CHIDESTER 01.37
Transfer
$10 from 2110 Office Supplies to 2120 Office Fixtures under $100

Mr. Poparad, Bill, can I ask a question? Why are we doing a $10 transfer?

Mr. Carmichael, I don't know.

Mrs. Minton, Because you have to.

Mr. Steele, She's following the rules.

Mr. Poparad, That's the rule?

Mrs. Knoblock, Yes.

Mr. Steele, She said that's the rule.

Mr. Carmichael, What's the Council's pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Superior Court
4, 01.37, $10 from 2110 Office Supplies to 2120 Office Fixtures under $100. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Poparad, Do we want to, is there a limit?

Mr. Hollenbeck, Well it's yours.

Mr. Poparad, Well shouldn't we give them the discretion?

Mr. Hollenbeck, I follow the enemy, and he is me; it's your own rule.

TREASURER 01.03
Transfer
$89 from 2110 Office Supplies to 2120 Office Fixtures under $100

Mr. Carmichael, Treasurer, transfer of $89 from Office Supplies to Office Fixtures.
What's the Council's pleasure?

Mr. Steele moved to grant the request for transfer of funds submitted by Treasurer 01.03, $89 from 2110 Office Supplies to 2120 Office Fixtures under $100. Mr. Poparad seconded, motion carried on a unanimous voice vote.

WESTCHESTER TOWNSHIP 01.12
Transfer
$80 from 3950 Contractual Services to 2110 Office Supplies
$70 from 3910 Laundry & Cleaning to Office Supplies

Mr. Carmichael, Westchester Township, transfer, $89 from Contractual to Office Supplies, and $70 from Cleaning Supplies to Office Supplies. What's the Council's pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Westchester Township 01.12, $80 from 3950 Contractual Services to 2110 Office Supplies and $70 from 3910 Laundry & Cleaning to Office Supplies. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, What's the score on the ball game, Bob?

Mr. Poparad, I don't know, but we're not watching it. Go ahead, but I'll bring it up when
you're done.

Mrs. Vuko, Hey, Bob, do you want to let them to be able to move like $10 or $20.

Mr. Poparad, Yes, I guess, I was just going to...

Mrs. Knoblock, Are you talking about the Cubs?

Mr. Carmichael, Am I what?

Mrs. Knoblock, Are you talking about the Cubs?

Mr. Carmichael, Yes.

Mrs. Knoblock, Oh, that's my team.

Mr. Carmichael, Like Bob said, let's get on with it.

Mr. Steele, Those are our rules.

Mrs. Vuko, I'll call you, Bob.

Mr. Carmichael, Is Judge Jent here tonight?

Mr. Poparad, We've got one more, Bill.

Mr. Carmichael, What?

Mr. Poparad, The Auditor.

AUDITOR MAPPING 33.02
Transfer
$1,491 from 1120 Hourly to 3610 Maintenance Agreements
Mr. Carmichael, The Auditor, $1,491 from Hourly to Maintenance Agreements.

Mr. Poparad moved to grant the request for transfer of funds submitted by Auditor Mapping 33.02, $1,491 from 1120 Hourly to 3610 Maintenance Agreements. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Poparad, How about a motion that we allow these people to move $100 or less within
their fund?

Mr. Poparad moved to allow departments to transfer $100 or less without appearing before the Council.

Mr. Poparad, Sheila, you're rolling your eyes.

Mr. Carmichael, I thought it was $200.

Mrs. Minton, At one point in time you guys did allow them to do that.

Mr. Poparad, Okay.

Mrs. Minton, And it became a mess.

Mr. Poparad, They abused the system.

Mrs. Minton, Yes.

Mr. Poparad, Okay, then leave it alone, I'll withdraw my motion.

Mr. Poparad withdrew his motion.

JUDGE JENT
To Address the Council Concerning PCADOS

Mr. Carmichael, Julia Jent to address the Council concerning PCADOS. The five-minute rule is in effect, Julia. You brought the big guns with you tonight, whoa.

Tammy O'Neil, Good evening, my name is Tammy O'Neil, and I represent PACT. Tonight's meeting is part of the certification process through the Indiana Judicial Center for certification of alcohol and drug programs. According to the Judicial Center, this evening has two rules, first as an informational session, in which we explain to you the proposed program changes, and change in supervising judge. The second is to request permission to do that. So first of all, I'd like to...

Mr. Carmichael, Julia, move the mic.

Ms. O'Neil, Okay, so first of all what I'd like to do is explain that the programs that are certified through the Indiana Judicial Center are either operated through probation departments; they are stand-alone programs; and they are contract programs. The current program in Porter County is a probation-based program. The proposed change would be to take the probation- based program, and have it operate as a freestanding program through PACT Incorporated. With that change would come a change in the supervising judge. The current judge is Judge Bradford, and the new judge would be Judge Jent. Okay. So we'd like to welcome any questions that you have about this process. We are excited about this process. It's looking at providing research based programming here in Porter County; addressing substance abuse issues through programming; working with treatment agencies in the area; and continuing to remain certified through the State of Indiana.

Mr. Carmichael, Does this body need to take any action on this matter?

Ms. O'Neil, Yes. What we need to do...
Mr. Carmichael, And what is the action?

Ms. O'Neil, To approve the change from being a probation operated program to a stand alone, freestanding program.

Mr. Poparad, Is one of the goals to have better success in collecting the fees?

Ms. O'Neil, PACT will collect the fees, yes.

Judge Mary Harper, And of course, to provide a service that is within the continual most
sanctions.

Mr. Poparad, Right, yes, I mean I don't know if...

Judge Harper, We don't want to make money.

Mr. Poparad, No, no, but I know one of the problems with PCADOS was the inability to collect. You're keeping everything under one roof.

Ms. O'Neil, Part of the purpose of tonight's meeting is to request approval from the Council, and to have that reflected in the minutes, so that we can submit that to the Indiana Judicial Center. At that point, what they will do is provide us with a provisional certification. Provisional certification means that we will have certification to provide court services through the alcohol and drug program in Porter County for 180 days. During that time, the Indiana Judicial Center representatives will come to Porter County PACT, go through the facility, check up on our standard operating procedures, met with the judiciary and other related departments to make sure that we are adhering to that policy, and the policy reflects the rules of the Judicial Center.

Mr. Carmichael, Does the auditor's office have any additional duties connected with this?

Ms. O'Neil, No.

Judge Harper, Well they're going to collect their own fees.

Ms. O'Neil, Yes.

Mr. Poparad, What happens to the PCADOS budget, is what my question is. I know we
advertised for a PCADOS budget, but will that disappear now?

Judge Harper, Next year...

Mr. Hollenbeck, As I understand it, these guys are going to be collecting the fees, and they won't run through the County.

Ms. O'Neil, Correct.

Mr. Poparad, Right, so will PCADOS disappear from the line item?

Mr. Hollenbeck, Yes. There will be no revenue.

Mr. Poparad, Right, right, that's fine.

Mr. Hollenbeck, From a programming perspective, now that you're under the auspices of
a different regulatory body, is the program going to change much?

Ms. O'Neil, The program currently has a curriculum that is research based. We're going to continue to provide research-based programming. The hours regarding some of the levels of programming, we'll alter, and it's based on risk to re-offend and those sort of things. It's an evidence-based practice, and it fits into a continuum of services so that we're identifying the issues that each individual has as they enter the system and are assessed.
Mrs. Conover, So in other words, if someone comes, they're referred to you by one of our
judges, and then come in, it's not just so many hours of PACT.

Ms. O'Neil, Exactly.

Mrs. Conover, You're going to assess them, evaluate them, and maybe you're going to take this course, and then maybe you're going to continue on, and this, and this. They're getting the help that they need.

Ms. O'Neil, Right.

Mrs. Conover, It's not just the mandated...

Ms. O'Neil, Exactly.

Mrs. Conover, Fifty hours and that's it.

Ms. O'Neil, One of the perks of this approach is that when an individual is referred for programming, assessment begins immediately, and individuals are going to be assessed according to, of course, their history, but it doesn't stop there. It looks at what kinds of things exist in each individual’s life at this point; the impact they're returning through the system. Everything that we do with an individual from the moment they come into the program is planned for the time when they are no longer in the program.

Judge Jent, The court order generally will read something like, to PCADOS for evaluation and treatment, evaluation first, and then they will make the determination...

Mrs. Conover, Then they make the determination.

Judge Jent, Or the procedure, the education or treatment.

Ms. O'Neil, Right.

Mrs. Conover, So hopefully our goal here is to not have such a revolving door with our county.

Ms. O'Neil, Right. We're going to continue to monitor the levels of risk of each individual in the programming so that we can attempt to stay on top of where that person is at, and their status in the program.

Mrs. Conover, And you two ladies have been working with Tammy, and it's something you're both excited about.

Judge Harper, Oh yes, we're excited about it. As you know, PACT is a part of our community corrections scene in Porter County. They operate programs for the Department of Corrections. They're accountable, their data is great in terms of results. And while we really want that money problem to go away that you've seen, what we want even more than that is to see that people get help, and they don't come back through the courts, and they're not out there hurting people or themselves.

Judge Jent, And PACT is a natural for that, because of that, we have these programs already in place, and we're avoiding duplication also, because at least they will know then where each individual fits, what their needs are, rather than us just sending them into a different program.

Mr. Poparad, Will this be in place by the first of the year?

Judge Harper, Oh, it will be in place.

Ms. O'Neil, Oh yes.
Mr. Poparad, Oh, okay.

Ms. O'Neil, One of the...

Judge Harper, It's happening, it's happening now.

Ms. O'Neil, One if the things that we are requesting is a copy of the minutes, contingent on the approval of Council. We will forward that to the Indiana Judicial Center, and they will immediately give us a provisional certificate for operation. And that, we would like to begin October 1st.

Mrs. Knoblock, Do you need a letter or just a copy of the minutes.

Ms. O'Neil, They said the minutes would be great.

Mr. Carmichael, Does the Council wish to support this request?

Mr. Poparad, Okay, I'll make the motion.

Mrs. Conover, I wanted to make the motion.

Mr. Poparad, Okay, I'm sorry, go ahead.

Mrs. Conover moved to approve the transfer of PCADOS Program to the PACT Program. Mr. Poparad seconded.

Mr. Hollenbeck, The 1st is Friday.

Judge Harper, Yes, we're ready. Will you have a letter, Bill?

Mr. Hollenbeck, The minutes won't be available.

Ms. Riley, We can't get the minutes done in four days.

Mr. Poparad, Right, you won't get the minutes for a while.

Ms. O'Neil, Is it possible to have something in writing that it was passed? It can be, they
said, as simple as one line.

Mr. Hollenbeck, We can do something in the morning.

Mrs. Conover, I just have one suggestion, could you increase your signage at your office.
They're always coming to City Hall.

Ms. O'Neil, I heard that.

Mrs. Conover, That's my only suggestion, and I know you can't put anything outside.

Ms. O'Neil, Actually, we'll be at the Morgan address, so that's pretty vague.

Mrs. Conover, Okay.

Mr. Poparad, I've got to ask a question. Do we need to do something with PCADOS'
budget now if they take over October 1st?

Mr. Hollenbeck, That's what I asked them; no, everything seems to be copasetic, and we're okay.

Mr. Poparad, Okay.

Mr. Carmichael, Okay, those in favor of this motion...

Mr. Hollenbeck, It sounds like you need to amend the motion to authorize me in the
morning to write the letter that we need in place of the minutes.

Mr. Carmichael, Does the motion agree with that?

Mrs. Conover moved to amend her motion allowing Attorney Hollenbeck to compose the correspondence needed to reflect the change of the PCADOS Program to the PACT Program. Mr. Poparad seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Motion carries, you'll have your letter tomorrow.

Judge Jent, Thank you.

Ms. O'Neil, Thank you.

Judge Harper, Wonderful, thanks very much.

Mr. Poparad, Good luck.

Mr. Hollenbeck, Tammy, call me in the morning, and we'll get together and write that letter, okay.

Ms. O'Neil, Thank you so much.

Mr. Hollenbeck, You're welcome.

Judge Harper, Thank you.

ATTORNEY'S REPORT
Surveyor's Contract
Sheriff's Contract

Mr. Carmichael, Attorney's Report.

Mr. Hollenbeck, Two matters real quickly, both of which you are aware of. We have two county employees or elected officials that we have contractual relations with on salaries. One of them is the county surveyor where he, years ago agreed to give up outside employment, which the law would allow him to in return for your setting the salary. Kevin has signed that agreements, and I have it this evening for signature by your president. The agreements are identical to previous year's agreements, with exception, as I understand it, you've set the surveyor's salary for '05 at $57,750. We need to have President Carmichael to sign those.

Mr. Carmichael, Is there a motion?

Mr. Poparad moved to authorize President Carmichael to sign the 2005 contract submitted for the County Surveyor, salary set at $57,750. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, The second contract, the Sheriff's.

Mr. Hollenbeck, Yes, the second one is with the Sheriff. As you know, there's a number of ways the county sheriffs can be paid. A number of years ago we came to an agreement, actually with Sheriff Reynolds’ predecessor, that he would forego all these other options, and simply accept a straight salary. I've prepared that agreement. It is $90,350 for calendar year ‘05. Because this is a statutory process, the commissioners have to approve this as well, but I would present it this evening for approval by the County Council, and signature by President Carmichael. Then I will take to the next commissioners' meeting for the commissioners to approve.

Mr. Poparad moved to authorize President Carmichael to sign the 2005 contract submitted for the Sheriff, salary set at $90,350. Mrs. Conover seconded, motion carried on a unanimous voice vote.

Mr. Hollenbeck, End of my report.

Mr. Carmichael, There being no further business?

Mr. Poparad, Second Reading.

Mr. Carmichael, What do you want, Bob?

Mr. Poparad, Second Reading.

Mr. Carmichael, Thanks, Bob. I'm in a hurry to get out of here.

SECOND READING

Mr. Poparad moved to approve Second Reading. Mr. Steele seconded, motion carried on a unanimous voice vote.

There being no further business, meeting adjourned at 7:50 p.m.

PORTER COUNTY COUNCIL
PORTER COUNTY, INDIANA


William Carmichael
Karen Conover
Carole Knoblock
Robert Poparad
John Ruge
Al Steele
Rita Stevenson

Attest: Sandra Vuko, Auditor