PORTER COUNTY COUNCIL
November 30, 2004

The Porter County Council met on Tuesday, November 30, 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, Rita Stevenson and President William Carmichael. Also present was Attorney David Hollenbeck, Auditor Sandra Vuko, Sheila Minton, and Jan Noll.

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

Mr. Carmichael, You received minutes from the October 26th meeting. Are there any additions or corrections to those minutes? Hearing none, I will entertain a motion.

Mr. Poparad moved to approve the minutes of October 26, 2004 as received. Mr. Steele seconded, motion carried on a unanimous voice vote.

MIKE AYLESWORTH

Mr. Carmichael, Mike, did you have a presentation you wanted to.

Michael Aylesworth, Just a brief one if I could, if you would allow me, Mr. Chairman. On behalf of the many entities that were involved in the request for the economic development money this summer for the railroad in south Porter County going into Starke County, and LaPorte County, they wish to report that the train is operational. It had four trips out of Malden. It’s saved putting corn on the ground.
The elevator at Aylesworth has 550,000 bushels of corn sitting out uncovered in the rain, spoiling, and it was through your vision, and granting economic development money that allowed that railroad to function, and has taken the nickname the Chesapeake & Indiana, the C & I Railroad, instead of Chesapeake & Ohio, and they wanted to give you each a symbolic thank you hat if you want one.

Mr. Carmichael, There you go.

Mr. Poparad, Sure.

At this time, Mr. Aylesworth distributed the hats.

Mr. Ruge, Is the Malden spur still running?

Mr. Aylesworth, That’s it, John.

Mr. Carmichael, Alright, thanks, Mike. Are we all engineers now, but we can’t touch the throttle, is that it.

Mr. Aylesworth, Anytime you want a trip, they’d be glad to take you on a train ride.

Mr. Carmichael, Alright, thank you.

Mr. Aylesworth, Thank you, Bill.

Mr. Carmichael, Thank you, Mike.

JUVENILE PROBATION USER FEES 47
Transfer
$150 from 3220 Telephone to 4510 Data Processing Equipment
$2,000 from 3610 Maintenance Agreements to 4510 Data Processing Equipment
$200 from 3750 Other Rentals to 4510 Data Processing Equipment
$2,500 from 3130 Training & Education to 4510 Data Processing Equipment
$500 from 3120 Consultants to 4510 Data Processing Equipment
$100 from 4440 Furniture & Fixtures over $100 to 4510 Data Processing Equipment
$50 from 2110 Office Supplies to 2220 Uniforms & Clothing

Mr. Carmichael, I’m going to change the agenda a little bit. We’ve got one lady that’s got to get out of town here, but we need her expertise in the meantime. Let’s have Juvenile Probation and Juvenile Detention. Are they present? You have some computer software that involves a new program. Sharon, I think if you would come up and explain this to us, what they’re doing and what they’re requesting. Who wants to proceed first?

Judge Mary Harper, Do you want to do Probation first or Detention?

Mr. Carmichael, Either one.

Judge Harper, Amy.

Mr. Carmichael, We’re going to do Juvenile Probation first.

Judge Harper, Can we, please.

Mr. Carmichael, Alright.

Judge Harper, Thank you.

Amy Beier, There’s a couple of items on here that is kind of a group thing here. If I could talk about, I guess, the transfer of $150 from Telephone to Data Processing Equipment.

Mr. Carmichael, Okay, what’s your second item?

Ms. Beier, Mike, can you come up front here? Then if I could skip over the $2,000 for Maintenance for a moment, we have $200 from Pagers to Data Processing Equipment.

Mr. Carmichael, And your next one.

Ms. Beier, Well, we want to move all of that, that money, all of those items that are there into Data Processing.

Mr. Carmichael, You want to move the $2,000 from Maintenance Agreements to Data Processing.

Judge Harper, Yes.

Mr. Carmichael, And you want to move $200 from Pagers to Data Processing.

Ms. Beier, Yes, and then the…

Mr. Carmichael, And $2,500 from Training & Education to Data Processing Equipment.

Ms. Beier, And $1,000 from Interpreters to Data Processing Equipment also.

Mr. Carmichael, Okay, would you explain to us why this is needed. What are you doing?

Ms. Beier, Okay.

Mike Golub, There’s an additional on the next.

Judge Harper, There’s more user fees.

Mr. Carmichael, Oh, continued, okay. $500 from Consultants to Data Processing Equipment; $100 from Furniture & Fixtures over $100 to Data Processing Equipment; $50 from Office Supplies to Uniforms & Clothing. Okay.

Ms. Beier, With the exception of the $50 from Office Supplies to Uniforms & Clothing, all of those transfers are being requested as part of our desire to help fund a new computer system.

Judge Harper, The software system.

Ms. Beier, The software system.

Mr. Carmichael, What’s that supposed to do, Sharon?

Sharon Lippens, It tracks…

Ken Perkins, Case management.

Mrs. Lippens, Everything for juvenile, case management…

Judge Harper, Detention.

Mrs. Lippens, Detention.

Judge Harper, Probation, financial, clerks.

Mr. Carmichael, Is that called Quest?

Judge Harper, That’s Quest.

Mrs. Lippens, Yes.

Mr. Carmichael, That’s what it is, that’s the program.

Mrs. Lippens, The new software package is Quest.

Mr. Carmichael, Is anybody else involved in this besides this department?

Judge Harper, It’s all, the entire juvenile system. It is a juvenile, detention, the court, juvenile probation, etc.

Mr. Carmichael, Okay.

Judge Harper, Quest is a system now that 70 to 75% of Indiana juvenile cases are on. We have an older system, we have problems getting our financial done appropriately. We, this is, our current system is not comprehensive enough. Ultimately over time, we want to do our upgrade basically on an annual basis. The first thing we need to do is acquire the licenses. We will work next year on some conversion, and we’re willing to do it step-by-step, and we’re willing to do it because we think it’s appropriate--you may disagree--by transferring monies versus coming and asking for additionals.

Mr. Carmichael, Okay.

Judge Harper, We’re contemplating now approximately 28 licenses that will include, of course, a license for the public defender, Office of Family & Children access. It’s not just delinquency, it’s all the CHINS, it’s all the paternities, it’s every type of piece that comes through the juvenile court.

Mr. Carmichael, Okay.

Judge Harper, The vendors are really working with us, and it’s an upgrade that’s past due for us.

Mr. Carmichael, You have no problem with it, Sharon? It’s compatible with what…

Mrs. Lippens, I’ve been involved from the beginning working with them.

Mr. Carmichael, Okay. Bob.

Mr. Poparad, What’s the total? What are you buying, is this just for the program or software, this year?

Judge Harper, Well, and the Detention request will also be for software.

Mr. Poparad, What are we paying? What’s the price? It’s all broken apart.

Mrs. Lippens, It’s $1,000 a license.

Mr. Poparad, So you need $28,000.

Mrs. Lippens, And every person that’s going to use it has to have a license.

Judge Harper, Well, all of this, the transfers, we’re also trying to access some grant money for more licenses.

Mr. Poparad, So you need $28,000 to get this going.

Judge Harper, Correct.

Mr. Carmichael, Is that the total here, $28,000?

Judge Harper, No.

Mr. Steele, No.

Judge Harper, The rest is coming from a grant source.

Mr. Carmichael, Okay, what’s this total between the two of them?

Mrs. Lippens, I have for Probation, $6,450.

Judge Harper, And then there’s Detention.

Mrs. Lippens, Correct.

Judge Harper, What’s your total, Ken?

Mr. Perkins, $15,000.

Judge Harper, So 21-grand.

Mr. Carmichael, Are there any questions to this request? Hearing none, I will entertain a motion.

Mrs. Conover moved to grant the request for transfer of funds submitted by Juvenile Probation User Fees 47, $150 from 3220 Telephone to 4510 Data Processing Equipment, $2,000 from 3610 Maintenance Agreements to 4510 Data Processing Equipment, $200 from 3750 Other Rentals to 4510 Data Processing Equipment, $2,500 from 3130 Training & Education to 4510 Data Processing Equipment, $500 from 3120 Consultants to 4510 Data Processing Equipment, $100 from 4440 Furniture & Fixtures over $100 to 4510 Data Processing Equipment, and $50 from 2110 Office Supplies to 2220 Uniforms & Clothing. Mr. Poparad seconded, motion carried on a unanimous voice vote.

Judge Harper, That’s for Probation. Thank you very much. And Ken is here for the…

Mr. Carmichael, Don’t leave, Mary.

Judge Harper, I’m not going.

JUVENILE DETENTION 01.81
Transfer
$5,000 from 1110 Salaries to 4510 Data Processing Equipment
$2,000 from 3610 Maintenance Agreements to 4510 Data Processing Equipment
$2,000 from 3630 Equipment other than Vehicles to 4510 Data Processing Equipment
$6,000 from 1120 Hourly to 4510 Data Processing Equipment

Mr. Carmichael, Alright, we’ll hear Juvenile Detention at this time.

Judge Harper, Please.

Mr. Perkins, And all of these transfers are for that same matter too, to purchase licenses for Quest.

Mr. Carmichael, Okay, you want $5,000 from Salaries to Data Processing; $2,000 from Maintenance Agreements to Data Processing; $2,000 from Equipment other than Vehicles to Data Processing Equipment; and $6,000 from Hourly to Data Processing Equipment.

Mr. Perkins, That’s correct.

Mr. Carmichael, Sheila.

Mrs. Minton, Yes.

Mr. Carmichael, Have you checked to see if they have sufficient monies?

Mrs. Minton, I double-checked every one of them this morning.

Mr. Carmichael, Okay, you’re okay then.

Mrs. Minton, Everybody’s fine.

Mr. Carmichael, Alright, what’s the Council’s pleasure? Do you have any questions?

Mr. Ruge moved to grant the request for transfer of funds submitted by Juvenile Detention 01.81, $5,000 from 1110 Salaries to 4510 Data Processing Equipment, $2,000 from 3610 Maintenance Agreements to 4510 Data Processing Equipment, $2,000 from 3630 Equipment other than Vehicles to 4510 Data Processing Equipment, and $6,000 from 1120 Hourly to 4510 Data Processing Equipment. Mr. Poparad seconded, motion carried on a unanimous voice vote.

Mr. Perkins, Thank you.

Judge Harper, Can I go now?

Mr. Carmichael, You can go now. And you can go now; have you got one more.

Mrs. Lippens, Union Township and Prosecutor Deferral.

FIRST READING
PROSECUTOR DEFERRAL 12.08
Additional Appropriation
$10,000 to 4510 Data Processing Equipment

Mr. Carmichael, Prosecutor Deferral.
Brian Gensel, Good evening.

Mr. Carmichael, Howdy. As soon as I find you; Prosecutor Deferral fund 12.08, you need an additional amount of $10,000 to Data Processing Equipment.

Mr. Gensel, Correct. We recently had the finishing touches put on and installation from some of the monies that the Council allowed us to use out of the 12.08, that was just finished. When that was finished, I had some discussions with Sharon, and we could use another $10,000 to kind of finalize some of that project. There are some other computers we need. We’ve got some notebook computers that are in disrepair, and we just need to upgrade some of this stuff that we have.

Mr. Carmichael, Will that cover you for the next year?

Mr. Gensel, I believe it will. I hope it will. Something could break tomorrow, but we’re in pretty good shape, and I think this will kind of get us over the top.

Mr. Carmichael, Okay. Are there any questions on the request?

Mr. Steele, You have a fund within your office that this will come out of.

Mr. Gensel, Yes.

Mr. Steele, You have these monies, right?

Mr. Gensel, Right, the 12.08, and I believe the last time I looked there was approximately a $340,000 balance in that account. That’s about what it is.

Mrs. Minton, $338,000.

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

Mrs. Conover moved to grant the request for additional appropriations submitted by Prosecutor Deferral 12.08, $10,000 to 4510 Data Processing Equipment. Mr. Poparad seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Okay. Do you have anything else?

Mrs. Lippens, Union Township Assessor.

UNION TOWNSHIP 01.58
Transfer
$375 from 3130 Training & Education to 2110 Office Supplies
$700 from 3220 Telephone to 4510 Data Processing Equipment
$200 from 2120 Office Fixtures to 2110 Office Supplies
$440 from 3230 Postage to 4510 Data Processing Equipment
$380 from 2250 Other Supplies to 4510 Data Processing Equipment

Mr. Carmichael, Union Township. Good evening. What do you have out in Union Township.

Carol Linzy, I have a transfer for Office Supplies because I had to buy new cartridges for my printer. But what Sharon’s here for, is for Data Processing. I was going to get Comcast for the office, because it makes my computer faster. Well, they talked with Comcast in September; they didn’t get back to me until yesterday with a definite answer that they do not have Comcast in my building. So I asked Sharon, could we take that $700 I want to transfer to Data Processing, and upgrade the computer that I have. She said if I had a little bit more, it would be better to just buy a new one instead of trying to upgrade the one I have, because we’re going to have to add new memory and everything else to it.
So I went back through my budget yesterday, looking, and I have extra money for another transfer from Postage and from Other Supplies. That will give me enough money with the $700 transfer, if you agree to that, then I can get a new computer.

Mr. Carmichael, How much is the Postage transfer?

Ms. Linzy, The Postage is $440, and Other Supplies is $380.

Mr. Carmichael, I didn’t catch the other.

Ms. Linzy, Other Supplies is $380.

Mr. Carmichael, Okay.

Ms. Linzy, And with the $700 transfer from Telephone, that would be enough to buy the monitor and the tower.

Mr. Carmichael, That’s your recommendation, Sharon?

Mrs. Lippens, Yes.

Mr. Carmichael, Okay. You’ve heard the request, what’s the Council’s pleasure?

Mr. Steele moved to grant the request for transfer of funds submitted by Union Township 01.58, $700 from 3220 Telephone to 4510 Data Processing Equipment, $440 from 3230 Postage to 4510 Data Processing Equipment and $380 from 2250 Other Supplies to 4510 Data Processing Equipment. Mr. Ruge seconded.

Mrs. Minton, Where was the $380 from?

Ms. Linzy, Other Supplies.

Mrs. Minton, And the $440 was from Postage?

Ms. Linzy, Yes.

Mrs. Minton, Okay. Postage is fine. Other Supplies is fine.

Mr. Carmichael, I have a motion on the floor, and a second. Is there further discussion? Does everybody understand what you’re voting for? Hearing none, we’ll take a voice vote on the transfer. Those in favor of the motion, answer by the usual sign of aye.

Motion carried on a unanimous voice vote.

Ms. Linzy, Do you want to go ahead and do the Office Supplies or do I need to wait for that one?

Mr. Carmichael, Go ahead.

Ms. Linzy, The Office Supplies was from Training & Education, and from Office Fixtures under $100, was to cover a $782 bill for cartridges for my printer.

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

Mr. Poparad moved to grant the request for transfer of funds submitted by Union Township 01.58, $375 from 3130 Training & Education to 2110 Office Supplies and $200 from 2120 Office Fixtures to 2110 Office Supplies. Mrs. Stevenson seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Now you’re done.

Ms. Linzy, Thank you.

Mrs. Lippens, Thank you very much for moving us up.

Mr. Carmichael, Alright.

HEALTH TOBACCO 203
Additional Appropriation
$1,000 to 3130 Training & Education
Transfer
$350 from 2410 Medical & Dental Supplies to 3630 Equipment other than Vehicles

HEALTH BIOTERRORISM 238
Additional Appropriation
$600 to 2110 Office Supplies
$1,963 to 3620 Building & Structures

Mr. Carmichael, Health Tobacco. Out of the hazardous fund you’re going to need some additionals, $1,000 to Training & Education.

Keith Letta, Training & Ed, for environmental and nurses’ training.

Mr. Carmichael, Okay, you heard the request, what’s the Council’s pleasure?

Mr. Poparad moved to grant the request for additional appropriations submitted by Health Tobacco 230, $1,000 to 3130 Training & Education. Mr. Steele seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Bioterrorism, you need $600 to Office Supplies as an additional, and you need $1,963 to Building & Structures to finish that room down there.

Mr. Letta, That’s the final for the remodeling of the conference room, and the Office Supplies are for the local coordinator, out of the bioterrorism grant.

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

Mrs. Conover moved to grant the request for additional appropriations submitted by Health Bioterrorism 238, $600 to 2110 Office Supplies and $1,963 to Building & Structures. Mrs. Stevenson seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, Now, Keith, there was something else you needed. You had a motor go out.

Mr. Letta, Right. Our biologicals freezer crashed and burned yesterday, and we had it repaired. So I need a transfer in Fund 203, Tobacco Settlement, $350 from 2410 to 3630 Repairs other than vehicles.

Mr. Carmichael, You heard the request, what the Council’s pleasure?

Mrs. Conover moved to grant the request for transfer of funds, $350 from 2410 Medical & Dental to 3630 Equipment other than Vehicles. Mrs. Stevenson seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Motion carries.

Mr. Letta, Thank you.

Mr. Carmichael, I’m glad we didn’t lose anything.

Mr. Letta, Not a thing.
Mr. Carmichael, Good.

VOTER REGISTRATION 01.22
Additional Appropriation
$15,000 to 1120 Hourly

Mr. Carmichael, Voter Registration. Oh, Dale. You need an additional to close up the election. What do you have, the canvass to do yet?

Dale Brewer, Right, we have the canvass to do, and Porter County again had the highest percentage in the entire state of Indiana for voter turnout, over 74%, the second time around.

Mrs. Conover, Wow. Good for us.

Ms. Brewer, Yes.

Mr. Ruge, Is this the expenses on election night?

Ms. Brewer, No, John, this is to finish the canvass up, so we can have everyone that voted, accounted for in the computer program. The other thing that we’re going to be doing, we’ve been picked as one of the first ten counties to go on the new statewide voter registration.

Mr. Carmichael, Good.

Ms. Brewer, So we’re going to be on that next year.

Mr. Carmichael, Okay, this will finish out this year for you with the canvass.

Ms. Brewer, Yes.

Mr. Carmichael, Okay, are there any questions on this request? Hearing none, I will entertain a motion for the additional.

Mrs. Conover moved to grant the request for additional appropriations submitted by Voter Registration 01.22, $15,000 to 1120 Hourly. Mr. Ruge and Mrs. Stevenson seconded, motion carried on a unanimous roll call vote.

ELECTION BOARD 01.21
144 Form
Election Board Member (3) from $4,008 to $6,000

Mr. Carmichael, What’s the 144 for?

Ms. Brewer, The Election Board.

Mr. Carmichael, You have an Election Board 144 Form.

Ms. Brewer, Yes. It was not put in for 2005, and it should have been.

Mr. Carmichael, And that was for your board members.

Ms. Brewer, Yes.

Mr. Carmichael, A total of three, and the amount is $6,000. Is that correct?

Ms. Brewer, Yes.

Mr. Carmichael, The money has been appropriated?

Ms. Brewer, No, it’ll be appropriated next year.
Mr. Carmichael, Okay.

Ms. Brewer, But we have to get the salary ordinance in because one of those involve mine.

Mr. Carmichael, Okay, you’ve heard the request, what’s your pleasure?

Mrs. Conover moved to amend the 144 Form submitted by Election Board 01.21, Election Board Member, three at $6,000. Mr. Ruge seconded.

Mr. Carmichael, A motion and a second, is there further discussion?

Mrs. Conover, Briefly. This board is charged with the big duty next year. I know this board doesn’t always take its salary, especially on off-election years, but this board is in the process of looking over, and making a suggestion to purchase new voting equipment to be within the federal guidelines, and they have a big job to do next year. I hope the future council can see that there’s going to be needed travel expenses that goes along with the job they have to do next year. Our county clerk is also the head of the voter office, which is not the case in several counties.

Mr. Carmichael, Could you give us kind of an update or an outlook as to what we’re going to be facing one of these days? What are the possibilities with the federal mandate that’s coming down?

Ms. Brewer, We have to have the new equipment in by 2006, January 1st. It has to be in place, so that’s what we’ll be doing next year. We’ve been looking at equipment all along. I’ve even had Sharon with on trips between here, Indy, Florida, we have been looking at equipment. Right now there is nothing that we have seen to date that I’d be fully satisfied to guarantee a good, proper, accountable election. That’s my concern, that we have a paper trail is one of the most important things I think we need to have.
If you’ve read any of the articles or listened on TV to what the problems they’re having with the all electronic coding equipment, we don’t want that. I want to make sure that the people who go to vote here, they can be confident that their vote was cast, and there’s something to back it up.

Mr. Carmichael, What about funds?

Ms. Brewer, Before we can get our share of federal and state funds, and they are available to us, because we’re on a punch-card system, we have to have a contract in place. So that’s, we’re going to be working really hard to do. Because after we get new machines, remember we’re going to have to go through a training period also before the next election. So next year is the perfect time for us to get everything in place--take our time and do it right.

Mrs. Knoblock, This is the law.

Ms. Brewer, It is the law, yes.

Mr. Poparad, Two-million dollars.

Ms. Brewer, Last year, at least. Because we also have to have the accessibility machines in every precinct. We have 125 precincts right now, 124 that are actually voting precincts. We actually have one in Lake Michigan in case we get a house boat--I’m serious, we do. And we have to make sure, it’s not just going to be 125 machines. We better have a couple of spares on hand, because if one goes down election day we will be in violation then of that federal act. So we’re going to have to have some spares around.

Mrs. Conover, And, Dale, does this not also entail handicapped.

Ms. Brewer, That’s what I’m talking about, the handicap accessibility. We just went through our survey this last election, they did it on the general election day, where they were surveying us for accessibility. We have yet to get that report. There’s also money out there to fix any precincts if we need portable ramps or anything like that, that we can get. I will be going to Washington again in March, and talking to the Election Commission.

Mr. Poparad, Is it 100% reimbursement?

Ms. Brewer, Pardon?

Mr. Poparad, Will we get 100% reimbursement?

Ms. Brewer, On that…

Mr. Poparad, I mean for the machines?

Ms. Brewer, No, it won’t be 100%.

Mr. Poparad, Do you have a…

Ms. Brewer, They’re allowing us about $5,000, approximately, for the accessibility machines themselves, then it will be a percentage for the other machines, between the state and federal government.

Mr. Poparad, Do you have any idea?

Ms. Brewer, I can’t you until we have a contract in hand.

Mr. Carmichael, We better be saving our pennies, in other words.

Ms. Brewer, Well, we’re going to be a little frugal when we do this too.

Mr. Poparad, Is the leading candidate that optic scan?

Ms. Brewer, They had some problems with the Optiscan.

Mr. Poparad, I know that. I’m glad you brought that out. It appeared Monroe County had some problems.

Ms. Brewer, Yes, that’s why when people said, oh, go with the Optiscan it’s got a paper trail. No, there were problems with that too. And some of the Optiscans, the first ones that came out that a lot of the clerks have aren’t even compatible with the accessibility machine counting, and they have to buy some extra equipment to do that. So I am very grateful that we have waited. We managed, we went through one more election with our old stuff, so.

Mr. Carmichael, Anymore questions?

Mrs. Conover, I think the $2,000 that we’re paying for a salary is pretty pathetic, considering all the responsibilities. But that is the request, and again, I had moved to approve.

Mrs. Stevenson, What happens if there’s nothing that you’re happy with, as far as the way everything works?

Ms. Brewer, There will be something with all the last uproar in this last election.

Mrs. Stevenson, Okay.

Ms. Brewer, And I hear they’re working on something very much that I would want. The ideal thing would be an electronic machine, yes, but why can’t we have something like a cash register tape or either the voter can get a receipt, and the other one runs right through.

Mrs. Stevenson, Yes.

Ms. Brewer, They do it all the time in the grocery store.
Mr. Poparad, I’ll second that motion of Karen’s, if nobody did.

Mr. Carmichael, What’s your motion, Bob?

Mr. Poparad, I’m just seconding Karen’s. She made the motion.

Mr. Carmichael, And your motion is, Karen?

Mrs. Conover, Move to approve the request for the $2,000 per board member.

Mr. Carmichael, As an additional.

Mrs. Conover, As an additional.

Mr. Carmichael, Roll call.

Mrs. Vuko, Mr. Steele.

Mr. Steele, I don’t understand, the $2,000, it isn’t on the agenda, is it?. Was this just made tonight?

Ms. Brewer, It should have been. I did turn on into the auditor’s office, and I don’t know what happened to it. I didn’t discover it wasn’t on the agenda until tonight.

Mr. Steele, And to be a little more specific, just what is this for? Is this for the travel that you’re referring to?

Ms. Brewer, No, that’s for the three board members. By law, we’re allowed money to compensate us for being on the Election Board. I’m also allowed money to be on voter registration, which I don’t take. Normally, on an off-election year, even though we meet, we never take any compensation. But this time, we’re going to be very, very busy.

Mr. Steele, So this is $2,000 per.

Ms. Brewer, Per election board member, that’s for the entire year.

Mr. Steele, What do they normally make when they do take it, Dale.

Ms. Brewer, Pardon me?

Mr. Steele, When they are paid in a year where there is an election, what are they paid that year as a member?

Ms. Brewer, We’re paid $1,368, I believe it is. The Election Board has not had a raise since well before I took over as Clerk, and that will be six years next year.

Mrs. Knoblock, So this is added on to the 13?

Ms. Brewer, No, no, that’s the total.

Mr. Steele, I’ll respond now, yes.

Motion carried on a unanimous roll call vote.

Mr. Carmichael, Roll call is complete.

Mrs. Vuko, Yes.

Mr. Carmichael, Thank you.

Ms. Brewer, Any other questions?

Mr. Carmichael, Thank you, Dale.

Ms. Brewer, Okay, you’re welcome.

Mr. Carmichael, We appreciate it.

PLAN COMMISSION & BUILDING DEPARTMENT 239
144 Form (2005)
Executive Director/County Planner from $46,000 to $54,000
Building Commissioner from $28,543 to $42,000
Assistant Planner/Zoning Inspector from $31,537 to $35,000
First Deputy from $27,295 to $30,000
Second Deputy from $24,411 to $29,000
Building Inspector from $22,813 to $35,000
Code Enforcement Officer from $0 to $28,500

Mr. Carmichael, Next on the agenda, we have the 144. Last month we did the 2004 for the Plan Commission on their new pay scales. This is the 2005 144 Form. Do we have those available, are they down here somewhere?

Mrs. Stevenson, Yes.

Mr. Carmichael, Okay, this is for the Executive Director at $54,000; the Building Commissioner at $42,000; the Assistant Planner/Zoning Inspector to $35,000; First Deputy to $30,000; Second Deputy to $29,000; Building Inspector to $35,000; Code Enforcement Officer to $28,500; Part-time Building Inspector, $10.46 per hour; Part-time Secretary, $9.46 per hour. What’s the Council’s pleasure?

Mr. Poparad moved to amend the 144 Form submitted by Plan Commission & Building Department 239, Executive Director/County Planner from $46,000 to $54,000, Building Commissioner from $28,543 to $42,000, Assistant Planner/Zoning Inspector from $31,537 to $35,000, First Deputy from $27,295 to $30,000, Second Deputy from $24,411 to $29,000, Building Inspector from $22,813 to $35,000, and Code Enforcement Officer from $0 to $28,500. Mrs. Conover seconded.

Mr. Steele, Bill, I have a…

Mr. Ruge, Is there…

Mr. Steele, Excuse me, John; go ahead.

Mr. Ruge, Do they have enough money for these?

Mr. Carmichael, It’s generated from the fees that they charge for inspections in permits. It’s not general fund money, John.

Mr. Ruge, Okay.

Mr. Carmichael, Al.

Mr. Steele, Bob on my right, what are the duties of the building commissioner? Isn’t he just a building inspector or does he not inspect buildings or does he do both, and do some administrative work too or what?

Bob Thompson, Inspects buildings and does administrative work in there; oversees the office; will be the go-to person, essentially, for any kind of questions that could come in the office. Will oversee, we share together overseeing the budget, and he will receipt the hours with the part-time people that are in that office.
Mr. Steele, Is he also an inspector? Does he go out in the field and inspect like the other building inspectors or not?

Mr. Thompson, Yes.

Mr. Carmichael, Any other questions? Roll call.

Motion carried on the following roll call vote:

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

Mr. Carmichael, Okay, motion carries.

Mr. Thompson, Thank you.

Mr. Carmichael, Thank you very much.

COMMISSIONERS 01.30
Transfer
$13,000 from 1110 Salaries to 3964 Toxicology Lab
$75 from 3750 Other Rentals to 3930 Dues & Subscriptions

Mr. Carmichael, Bob.

Com. Robert Harper, We have a couple of transfers. The Commissioners have a transfer from Salaries to Toxicology Lab.

Mr. Carmichael, Where’s that? What item is that?

Com. Harper, It’s on the second page, about the middle of the page.

Mr. Carmichael, And it’s what?

Mr. Poparad, For a transfer.

Com. Harper, A transfer from Salaries to Tox Lab.

Mr. Carmichael, Let me find it here.

Mr. Steele, It’s on the next page.

Ms. Noll, It’s $13,000 from Salaries to Toxicology Lab, and then $75 from Other Rentals to Dues & Subscriptions.

Mr. Carmichael, Okay, I got it now. Thanks. You need a transfer of $13,000 from Salaries to Toxicology Lab, and $75 from Other Rentals to Dues & Subscriptions. What’s the Council’s pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Commissioners 01.30, $13,000 from 1110 Salaries to 3964 Toxicology Lab and $75 from 3750 Other Rentals to 3930 Dues & Subscriptions. Mr. Steele seconded.

Mr. Carmichael, Any other discussion?

Mr. Poparad, Is this for Great Lakes?

Com. Harper, Yes.
Mr. Carmichael, No further discussion, those in favor of the motion, answer by the usual sign of aye.

Motion carried on a unanimous voice vote.

Com. Harper, Thank you.

MEMORIAL OPERA HOUSE 158.44
Transfer
$6,200 from 1110 Salaries to 1120 Hourly

Mr. Carmichael, Alright, Memorial Opera House, you need a transfer of $6,200 from Salaries to Hourly.

Holly Seibel, Yes.

Mrs. Knoblock, What are we on?

Mrs. Conover, What are we on?

Mrs. Stevenson, Memorial Opera House.

Mr. Carmichael, At the top of the second page. Are you into the season where you’re putting on a lot of shows, is that what you are doing?

Ms. Seibel, Well, we eliminated a position, and we were putting on so many shows, and the part-timers were putting in so many extra hours. We adjusted the budget for next year anticipating, with the eliminated position we would be needing more part-time hours put in. But it caught up to us this year.

Mr. Carmichael, Okay. Any questions from the council members? What’s the Council’s pleasure on the transfer?

Mrs. Conover moved to grant the request for transfer of funds submitted by Memorial Opera House 158.44, $6,200 from 1110 Salaries to 1120 Hourly. Mr. Poparad seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Thank you.

Ms. Seibel, Thank you.

HIGHWAY CUM-BRIDGE 25
Additional Appropriation
$170,000 to 04980 Bridge over Kankakee River

Mr. Carmichael, Highway. What’s the balance on the bridge fund?

Mrs. Minton, $3,599,356.

Mr. Carmichael, Oh, I think there’s sufficient funds there. Okay, you need some repair on the bridge over the Kankakee River.

David James, Yes, this is bridge structure, number 58, over Bums Bridge, what we generally call Bums Bridge over the Kankakee River. It appears that’s in definite need of reconstruction.

Mr. Carmichael, Do we share that with Jasper?

Mr. James, No we don’t.

Mr. Carmichael, That’s our bridge.
Mr. James, That’s our bridge.

Mr. Carmichael, Okay.

Mr. James, Every bridge across the Kankakee River is our bridge, except for the state highway, which is 49/231.

Mr. Poparad moved to grant the request for additional appropriations submitted by Highway Cum-Bridge, $170,000 to 04980 Bridge over Kankakee River. Mr. Steele seconded, motion carried on a unanimous roll call vote.

HIGHWAY 02
Transfer
$6,000 from 2320 Garage & Motor Supplies to 2210 Gas, Fuel & Lube
$2,000 from 2320 Garage & Motor Supplies to 2310 Tires & Tubes
$100 from Printing other than Office Supplies to 3410 All Official Bonds
$670 from 3950 Contractual Services to 3920 Disposal

Mr. Carmichael, Okay, you need a transfer of $6,000 from Garage & Motor Supplies to Gas, Fuel & Lube; $2,000 from Garage & Motor Supplies to Tires & Tubes; $100 from Printing other than Office Supplies to All Official Bonds; $670 from Contractual Services to Disposal. What’s the Council’s pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Highway 02, $6,000 from 2320 Garage & Motor Supplies to 2210 Gas, Fuel & Lube, $2,000 from 2320 Garage & Motor Supplies to 2310 Tires & Tubes, $100 from Printing other than Office Supplies to 3410 All Official Bonds, and $670 from 3950 Contractual Services to 3920 Disposal. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. James, Thank you very much.

Mr. Carmichael, Where’s Al tonight? Is he out plowing snow?

Mr. James, He’s in Indianapolis at the commissioners meeting.

Mr. Carmichael, That’s right, that starts tomorrow.

Mr. James, No, today.

Mr. Carmichael, Oh, it starts today.

Mr. James, Thank you, all.

Mr. Carmichael, Carole’s still here.

Mrs. Knoblock, Pardon me?

Mr. Carmichael, It started today.

Mrs. Knoblock, What did?

Mr. Carmichael, The commissioners meeting.

Mrs. Knoblock, Oh, okay.

PARKS OPERATING 127
Additional Appropriation
$2,970 to 3980 Event Expenses
Transfer
$200 from 3950 Grants to 2250 Other Supplies
Mr. Carmichael, Alright, Parks Operating. Do we have a representative from the Parks Department here.

Mrs. Conover, Always.

Ed Melendez, I’m looking for him.

Mr. Carmichael, You need an additional from your tourism funds.

Mr. Melendez, That’s correct.

Mr. Carmichael, And that additional is $2,970 to Event Expenses. What’s the Council’s pleasure?

Mrs. Conover moved to grant the request for additional appropriations submitted by Parks Operating 127, $2,970 to 3980 Event Expenses. Mr. Poparad seconded, motion carried on a unanimous roll call vote.

Mr. Carmichael, You need a transfer of $200 from Grants to Other Supplies. What’s the Council’s pleasure?

Mrs. Conover moved to grant the request for transfer of funds submitted by Parks Operating, $200 from 3950 Grants to 2250 Other Supplies. Mrs. Stevenson seconded, motion carried on a unanimous voice vote.

PARKS 01.85
Transfer
$500 from 2210 Gas, Fuel & Lube to 3510 Power
$400 from 2310 Tires & Tubes to 3510 Power
$300 from 3950 Contractual Services to 3330 Photo & Blueprint
$300 from 3950 Contractual Services to 3710 Equipment

Mr. Melendez, I have one more transfer in the 01.85 account.

Mr. Carmichael, Alright, you want…

Mr. Melendez, $500 from Gas, Fuel & Lube into utilities; $400 from Tires & Tubes into Utilities/Power; $300 from Contractual Service into Photo & Blueprint; and the last one is $300 from Contractual Service into Rentals/Equipment.

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

Mrs. Conover moved to grant the request for transfer of funds submitted by Parks 01.85, $500 from 2210 Gas, Fuel & Lube to 3510 Power, $400 from 2310 Tires & Tubes to 3510 Power, $300 from 3950 Contractual Services to 3330 Photo & Blueprint, and $300 from 3950 Contractual Services to 3710 Equipment. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Motion carries.

Mr. Melendez, Mr. President, can I have a minute of your time on this busy night.

Mr. Carmichael, Okay, we’ll go with you.

Mr. Melendez, Okay, I have a long speech I wanted to give you folks, so I will say it from this point, thank you from the Porter County Park Board, Foundation and Parks Department, for your continued support. Two years, it’s been a very unique two-year period for us. We were glad to be part of the team in working with you folks, and hopefully we were part of a pleasant surprise to continue the support that the community was giving us, to your support backing us during our two-year tender.
Five years ago tonight, there was three of you on there, when I just got in from Michigan, coming to this council and asking for my raise, only two days on the job. We’ve come a long way in five years, folks, but it’s been through your support.
You always wonder what kind of input you get from public, well I’m going to give you one from a six-year old a week and a half ago. Our Holiday Lights Festival, my son came in from Michigan State to work with us that weekend, and he said, dad, you have to talk to this six-year old boy. When I came up to him he says, would you tell this man what you have just told your mom: this was the greatest day of my life, I got to see Santa, fireworks, and I got a wagon ride, I am happy and never will be as happy as I am now.
I want to say, thank you, folks. You’ve given me the opportunity to make the people of Porter County happy, and your support is deeply appreciated. To the members who are leaving, thank you. Please come and see us, we’d love to have you continue on. To those who are going to come in, and to those who will remain, we’ll have fun in 2005.

Mr. Carmichael, Well you and your board, and your supporters do a fine job. We certainly appreciate it.

Mr. Melendez, Thank you.

Mr. Carmichael, We figure our money is well spent.

Mrs. Conover, Bill, just to add to that. Ed, through your superintendent-ship and through your board, through your volunteers, and something that just, to this day, touches my heart. When your well went out, you were willing to put the cost of that well on your college, your students college loan to replace, that well knowing the County didn’t have the money, and the commissioners found you the money. We could not ask for a more dedicated individual with you and your staff, and your board, and our volunteers. You have made it possible to have a Porter County parks system.

Mr. Melendez, Thank you. I’m going to give you one of the sayings from a park director in Peoria. He developed an excellent system nationwide. When I was leaving, he was retired, and I got to talk to him. You will dedicate a lot of things in your life, but in this position whenever you get into it, you will dedicate your personal life, your personal feelings; never take a backseat to anything, always put the people ahead first, and what that job is mean. I’ve held that for the last 27 years of being in government work, and I will continue it.

Mrs. Conover, And you’ve made us all very, very proud.

Mr. Melendez, Thank you, folks, have a good holiday.

Mr. Carmichael, Thank you.

SUPERIOR COURT 2 - ALEXA 01.83
Transfer
$1,043.75 from 3110 Legal to 3460 Liability Insurance
$1,281.25 from 1120 Hourly to 3460 Liability Insurance

Mr. Carmichael, Superior Court 2, a transfer of $1,043.75 from Legal to Liability Insurance, and $1,281.25 from Hourly to 3460 Liability Insurance. What’s the Council’s pleasure?

Mrs. Conover moved to grant the request for transfer of funds submitted by Superior Court 2, 01.83, $1,043.75 from 3110 Legal to 3460 Liability Insurance and $1,281.25 from 1120 Hourly to 3460 Liability Insurance. Mrs. Stevenson seconded.

Mr. Carmichael, Further discussion?

Mr. Steele, Bill, is this for a judge?

Mr. Carmichael, This is for the judge, Bill Alexa.
Mr. Steele, Do judges, can they be sued?

Mr. Hollenbeck, Can they what?

Mr. Steele, Be sued.

Mr. Carmichael, Do you want to sue him?

Mr. Steele, No, I’m just asking. I’ve heard, Judge, can you give us just a couple minutes on how they can be sued.

Judge Julia Jent, Me?

Mr. Steele, Yes, you’re the only judge here.

Judge Jent, Uh, huh, I’m not going to tell you how sue us. Yes, we can be sued, absolutely. We have some, we have liabilities, that’s why we have the insurance, that’s why we keep the coverage.

Mr. Steele, Can you give me one instance where you could be sued?

Judge Jent, No, I would rather not.

Mr. Hollenbeck, Mr. President, if I could help answer question. When you buy this liability coverage, almost as important as the actual liability coverage, is you create a duty to defend a frivolous lawsuit in the insurance company. So if the judge gets sued, even though there’s no merit to that suit at all, it could cost you thousands of dollars to defend it in court to get it dismissed. Well by spending this money on the insurance, you’re deferring that cost then to the insurance company to defend the judge. You say, can you get sued, well, the lawyers will tell you that anybody with 100-bucks in their pocket can sue you. The question is, can you be sued successfully, and in most instances with a judge, the answer is no, but that’s not the only coverage you’re buying. You’re buying the duty to defend that judge by the insurance company, so they don’t have to come to us for an additional appropriation of $3,000 or $4,000 or $5,000 to defend them in what ended up being a frivolous lawsuit.

Mr. Steele, Because they accepted the suit before the court?

Mr. Hollenbeck, No, by, in the insurance coverage, you’re buying two things. You’re buying liability coverage, should it be a viable claim; but you’re also buying, and transferring to the insurance company, the duty to defend the judge when they do get sued. So we don’t have to have the lawyer, the insurance has to hire the lawyer, and pay that lawyer to defend the judge. And that, in the case of a judge, is almost as important as the liability coverage itself, because your point is well taken, it’s a rare instance in Indiana where a judge is not going to be immune from liability. So what we are doing by spending this money is we are protecting ourselves against the cost of defense, as well as any actually recovery.

Mr. Steele, Wow, go ahead.

Judge Jent, Well.

Mr. Carmichael, Well the judge is a lawyer, what do they say, if you act as your own attorney, you have a fool for a client.

Mr. Steele, Right.

Mr. Carmichael, Alright, what’s the Council’s pleasure on the transfer?

Mrs. Conover, Move.

Mr. Ruge, Second.
Mr. Carmichael, Further discussion? Those in favor of the motion, answer by the usual sign of aye.

Motion carried on a unanimous voice vote.

SUPERIOR COURT 3 - JENT 01.38
Transfer
$800 from 2110 Office Supplies to 3130 Training & Education
$300 from 3170 Interpreters to 3130 Training & Education

Mr. Carmichael, Superior Court, $800 from Office Supplies to Training & Education and $300 from Interpreters to Training & Education. What’s the Council’s pleasure?

Mr. Poparad moved to grant request for transfer of funds submitted by Superior Court 3, 01.38, $800 from 2110 Office Supplies to 3130 Training & Education and $300 from 3170 Interpreters to 3130 Training & Education. Mr. Ruge seconded.

Mr. Carmichael, Did you want to say something, Julia?

Judge Jent, After you vote for me I will. I have something to say, but continue.

Mr. Carmichael, Do you want me to proceed?

Judge Jent, Please do.

Mr. Carmichael, Those in favor of the motion, answer by the usual sign of aye.

Motion carried on a unanimous voice vote.

Mr. Carmichael, Pull your speaker over.

Judge Jent, Okay. This is really for Karen and for John. I want to thank you guys for your service to this community. Karen, you have been a super supporter of the court system. You’ve been very involved and very dedicated. We are going to miss you. Thank you for serving us. I won’t get back here the rest of the year, and I doubt if you will too, so thank you. I hope you stay involved in this community, we need people like you.

Mrs. Conover, It’s been my pleasure, and I’m on your husband’s next quest to help get Gabriel’s Horn some permanent financing. It’s been a pleasure to be a liaison to our court system. Thank you for your cooperation throughout the years, and that of our judicial. Thank you.

Judge Jent, John, I wish you well.

Mr. Ruge, Thank you.

Mr. Carmichael, Thank you, Julia.

SUPERIOR COURT 6 -THODE 01.39
Transfer
$840 from 3130 Training & Education to 3630 Equipment other than Vehicles

Mr. Carmichael, $840 for Superior Court 6. $840 from Training & Education to Equipment other than Vehicles. I believe the judge is present.

Mr. Poparad moved to grant the request for transfer of funds submitted by Superior Court 6, 01.39, $840 from 3130 Training & Education to 3630 Equipment other than Vehicles. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Thank you, Jeff.

Judge Jeffrey Thode, Happy Holiday.

Mr. Carmichael, Happy Holidays to you.

ADULT PROBATION USER FEES 48
Transfer
$3,000 from 3130 Training & Education to 1120 Hourly
$6,000 from 4510 Data Processing Equipment to 4410 Office Equipment over $100

Mr. Carmichael, Adult Probation, you need a transfer of $3,000 from Training & Education to Hourly.

Steve Meyer, Correct.

Mr. Carmichael, And you need $6,000 from Data Processing Equipment to Office Equipment over $100.

Mr. Meyer, Correct, for a copier.

Mr. Carmichael, For a copier.

Mr. Meyer, Yes.

Mr. Carmichael, Is that under a rental or a contract or an outright purchase? What is it?

Mr. Meyer, Outright purchase is the plan.

Mr. Carmichael, Any further questions of this request? Hearing none, I will entertain a motion.

Mr. Poparad moved to grant the request for transfer of funds submitted by Adult Probation User Fees, $3,000 from 3130 Training & Education to 1120 Hourly and $6,000 from 4510 Data Processing Equipment to 4410 Office Equipment over $100. Mr. Steele seconded, motion carried on a unanimous voice vote.

HOME DETENTION 41
Transfer
$200 from 3210 Travel to 3220 Telephone

Mr. Meyer, I’m also on the agenda a little bit later for a Home Detention transfer. I would like to do that also.

Mr. Carmichael, Let’s get it while you’re here.

Mrs. Conover, It’s on the last page.

Mr. Carmichael, Home Detention, $200 from Travel to Telephone. What’s the Council’s pleasure?

Mr. Poparad and Mr. Steele moved to grant the request for transfer of funds submitted by Home Detention 41, $200 from 3210 Travel to 3220 Telephone. Mr. Ruge seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, You’re done.

Mr. Meyer, Thank you very much.

Mr. Carmichael, Thank you.


JAIL 01.32
Transfer
$30,000 from 1110 Salaries to 1130 Overtime

Mr. Carmichael, Where are we, Jail. Is the sheriff here? What have you got, Sheriff; you need a transfer from your salary line item to Overtime. Hi, Deb. You’re going to need some overtime here, David.

Sheriff Dave Reynolds, Yes. What we’re asking is to transfer unused salaries to pay off some comp-time that we have incurred in the jail.

Mr. Carmichael, Aren’t you also missing, didn’t you have a jailer go to Iraq?

Sheriff Reynolds, Yes, I’m also, yes, I can also do that now. We, Friday, we got word, he’s on the reserves, he left, in fact, Sunday he was gone, so, and he won’t be back until June of 2006.

Mr. Carmichael, Are you intending to replace him with the same, a jailer that’s the same rate of pay?

Sheriff Reynolds, Yes, but what I’m asking is to replace him, but he’s, you have to also understand that when he does come back, which we pray to God that he does come back in June of 2006…

Mr. Carmichael, What’s his tour of duty? How long, 18 months?

Sheriff Reynolds, They said a minimum, he’ll be back, I don’t know how many days, but it’s June of 2006.

Mr. Carmichael, Well you’ll still be in office for a little bit of time, so you can straighten it out.

Sheriff Reynolds, Okay.

Mr. Carmichael, Alright?

Sheriff Reynolds, Right.

Mrs. Conover, My suggestion would be that, I know that the situation came up in city government with one of our firefighters a couple years back, and I think that our attorneys and our commissioners are the ones that enter into contracts. We need to put policy in place to cover service, and protect our employees to be able to return to their jobs. In a situation like this, it’s not good for a seat to be left open because the help is needed. We’re going to…

Mr. Poparad, I thought the law addressed that.

Mr. Steele, There’s a federal…

Mr. Poparad, I thought we didn’t have a choice. When he comes back he has to go back to his old job.

Mrs. Conover, I can defer to Attorney Hollenbeck. We do need to set some kind of policy in place for insurance benefits, and whatnot.

Mr. Carmichael, Yes, I think it’s a moot point.

Mr. Poparad, I mean I didn’t think we had much choice. When he comes back he gets his old job back.

Mr. Carmichael, I think you could probably assure him when you write him by email that he’ll have his job back if he so desires, when he comes back in June, if he returns in June of 2006.
Mr. Poparad, I mean the sheriff will either have to get rid of somebody to make room for this guy or create a new position.

Mr. Carmichael, We’ll put on an additional jailer, how’s that.

Mrs. Knoblock, Dave, how much did you have in your Overtime for the year 2004? Was it 90?

Sheriff Reynolds, It was $5,500.

Mrs. Knoblock, Oh, I was thinking it was 90. I don’t have the budget with me. $5,500…

Sheriff Reynolds, You’re thinking probably of the police budget. This is just for the jail.

Mrs. Knoblock, Okay, $5,500 you say.

Mr. Carmichael, John, did you have something you wanted to say?

Mr. Ruge moved to grant the request for transfer of funds submitted by Jail 01.32, $30,000 from 1110 Salaries to 1130 Overtime.

Mr. Carmichael, Okay. The Chair will entertain a motion. John so moves. Is there a second?

Mrs. Conover seconded, motion carried on a unanimous voice vote.

Mr. Carmichael, Anything else tonight, Sheriff?

Sheriff Reynolds, The only other thing I’d like to thank John too, and I also would like to thank Karen for her help. Since she’s been there, we’ve gone through some up and down times, and she’s always been very supportive, as most of you have been up here with the Sheriff’s Department. Unlike the judge, I can be sued, but in all seriousness, I really want to thank Karen for everything she’s done for us, and we all appreciate it.

Mrs. Conover, Thank you.

Sheriff Reynolds, And we will miss you.

Mrs. Conover, It’s been my pleasure to work with you and your department.

Sheriff Reynolds, And I wish all of you a very safe and happy holidays. See ya, John.

Mr. Poparad, Bill, Sheriff, do we need to make a motion on that merit officers’ pension issue while he’s here?

Mr. Carmichael, No, I think he’s set.

Mr. Hollenbeck, Not necessarily. I was going to report on that under the Attorney’s Report.

Mr. Poparad, Oh, okay, I didn’t know.

Mr. Carmichael, They’ve met all the requirements, and everything that was laid down.

Mr. Poparad, Okay.

Mr. Carmichael, Thanks. Thanks very much for taking care of that, Sheriff.

Sheriff Reynolds, Okay, thank you.

PUBLIC DEFENDER 01.84
144 Form
James Tsoutsouris from $48,250 to $49,250
Gary Germann from $26,580 to $27,580
Matthew Soliday from $35,587 to $36,587
Kathleen Evans from $46,750 to $47,750
Roy Moutaw from $31,216 to $32,216
Ken Elwood from $23,473 to $24,473
Dolores Aylesworth from $46,750 to $47,750
Bryan Truitt from $38,250 to $39,250
Peter Boyles from $39,611 to $40,611
Ana Patricia Osan from $22,054 to $23,054
Anthony Bertig from $29,671 to $30,671
144 Form
Deputy Public Defender from $0 to $25,000

Mr. Carmichael, Alright, Public Defender. You didn’t include the $1,000 pay raise at budget time.

James Tsoutsouris, No, it was inadvertent. You already granted the raise, but apparently, well, Sheila can explain it.

Mr. Carmichael, We didn’t. What about it, Sheila?

Mrs. Minton, When he did his budget, we didn’t catch it either, he put down 2003’s salaries, so he got a raise on the 2003 salary, but they were the wrong numbers. So he in turn, got no raise in 2005 for none of the employees.

Mr. Carmichael, Oh, okay. Do you want me to read all these or do you want to take them amass?

Mr. Poparad moved to amend the 144 Form submitted by Public Defender 01.84 for 2005, James Tsoutsouris from $48,250 to $49,250, Gary Germann from $26,580 to $27,580, Matthew Soliday from $35,587 to $36,587, Kathleen Evans from $46,750 to $47,750, Roy Moutaw from $31,216 to $32,216, Ken Elwood from $23,473 to $24,473, Dolores Aylesworth from $46,750 to $47,750, Bryan Truitt from $38,250 to $39,250, Peter Boyles from $39,611 to $40,611, Ana Patricia Osan from $22,054 to $23,054, Anthony Bertig from $29,671 to $30,671, and deny the request, Deputy Public Defender from $0 to $25,000.

Mrs. Stevenson, Do you want to explain that?

Mr. Poparad, I’m not, my motion does not include the Deputy Public Defender. I’m not voting for that. It’s yes on everything else all the way down.

Mrs. Stevenson, Okay.

Mrs. Knoblock seconded.

Mr. Carmichael, A motion has been made and seconded on the 144’s.

Mrs. Conover, Could I ask why we’re, you want to exclude the public defender.

Mr. Poparad, We gave him two earlier. He wanted three, we gave him two, and he came back for the third one.

Mr. Tsoutsouris, Yes, that’s correct. It’s a separate issue.

Mr. Carmichael, Did we give him two?

Mr. Poparad, Yes.
Mr. Steele, Yes.

Mrs. Stevenson, Yes.

Mr. Tsoutsouris, Yes.

Mr. Carmichael, Okay.

Mr. Tsoutsouris, I asked for three, you gave me two. I’m back for the runt of the litter.

Mr. Carmichael, Further questions? A motion has been made and seconded, roll call.

Motion carried on a unanimous roll call vote.

Mr. Carmichael, Okay, do you have anything else?

Mr. Tsoutsouris, Well I’d like to address that separately or was that in the motion? I can’t make my pitch for my deputy. I never got a chance to address that issue.

Mr. Carmichael, Okay, go ahead.

Mr. Tsoutsouris, Well, if you’ve voted.

Mr. Carmichael, It’s not going to change anything, but go ahead.

Mr. Tsoutsouris, Well, I won’t waste your time. Thank you.

Mr. Carmichael, How about if we take a five-minute break here.

At this time there was a five-minute break.

CLERK 01.01
144 Form
Clerk from $47,180 to $51,180 - Request withdrawn
RECORDER 01.04
144 Form
Recorder from $44,372 to $48,372 - Request withdrawn
ASSESSOR 01.09
144 Form
Assessor from $46,727 to $50,727 - Request withdrawn
TREASURER 01.03
144 Form
Treasurer from $44,117 to $51,117 - Amended to $47,117

Mr. Carmichael, We’ll call the meeting back to order. The first item of business when we come back into order is the Clerk. Okay, the Clerk is asking for her 144 Form to go from $47 to…

Ms. Brewer, The Clerk is asking to withdraw.

Mrs. Vuko, We are asking to withdraw. We are all withdrawing our request. We just did it to prove a point, and you proved the point. So now we know exactly where we stand, and we would like to thank you, and you have a nice holiday. But the only thing we need right now is to have Mr. Murphy brought up his $3,000.

Mr. Carmichael, Let me say this. I think there is an inequity here when you compare us to other counties, there’s no doubt about that. As far as a council member for the next four years, I’ll work to get that and bring it up to something that’s reasonably within the ball park of the average across the counties that we are comparable to. I think you’ve been underpaid for a long time, but so have a lot of other employees. You know we’ve be bringing other employees up to a livable wage, and I think you too, all of you deserve to get paid the equivalent to the duties and responsibilities you have in serving the public. So I’ll work toward that for the next four years. That’s a pledge that I’ll give you.

Mrs. Conover, Bill, I’d like to add that I’ve been, for this last eight years, a pretty strong advocate for employees in this corporation. No one feels worse than I do or you do, Sandy, for balancing the budget on the backs of the employees. You’ve lost help in your office. You’ve lost help in your office. We’re projected now to have one of our biggest carryover balances in years through a lot of creative financing, and a lot of sacrifice on behalf of everybody sitting in this room
Comparatively speaking, we’re so far out of sync when it comes to not only a livable wage, but we’re below a state average. Our elected officials, you ladies sitting here are a prime example. We offered to start for a recovery, a $4,000 increase for some of you this year, and we did what we could do reasonably without tipping the scale too far more out of sync.

Mrs. Vuko, I think you’ve tipped the scale. You tipped the scale before, and this deal’s been tipped, and that’s why we came in with this additional offer.

Mrs. Conover, Are you referring to the Planning Commission?

Mrs. Vuko, You better believe we are.

Mrs. Conover, Well.

Mrs. Vuko, I’ve been here 23 years, and to me it’s a slap in the face.

Mrs. Conover, I’m sorry you feel that way. They have another funding mechanism. Some people worked very hard to get them out of the general fund. The Builders’ Association…

Mrs. Vuko, But what’s the difference?

Mrs. Conover, Even wants to raise their fees to keep some good people on staff that way, and we require in some positions there…

Mrs. Vuko, Okay.

Mrs. Conover, You know, a masters degree, so.

Mrs. Vuko, But we don’t have a masters degree.

Mrs. Conover, And it doesn’t have to do with that, but we need to bring those, that department which we did, up to a standard.

Mrs. Vuko, We have to do Murph’s.

Shirley LaFever, Do you have other things, Jim?

James Murphy, Yes, I have a transfer.

Mrs. LaFever, I do too.

Mr. Carmichael, The one request that’s still pending is the request, since we did overlook you at budget time. You did not request an increase at that time. That was an oversight on our part also, that we did not include you in that particular, with the request. So we’ll need a motion to bring our Treasurer’s salary up to the equivalent of the other full-time office holders. What’s the Council’s pleasure?

Mr. Steele, Bill, isn’t it a $4,000 increase.

Mr. Carmichael, Is that what it is, Jim?

Mrs. Stevenson, The $3,000 plus the $1,000 that all the other employees got.
Mr. Steele, Okay, but we should have a specific number, and Rita has answered that.

Mrs. Conover, Would that be $48,117?

Mr. Murphy, You gave me the $1,000 at the budget hearing.

Mr. Steele, So three more.

Mr. Murphy, Three more tonight.

Mr. Carmichael, And that’s a round number?

Mrs. LaFever, Yes.

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

Mr. Poparad moved to amend the 144 Form submitted and amended by Treasurer 01.30, Treasurer from $44,117 to $47,117 for 2005. Mr. Steele seconded.

Mr. Carmichael, Further discussion?

Mr. Ruge, What’s the motion?

Mr. Carmichael, The motion is to raise the salary of the Treasurer up to somewhat equivalent of the rest of the full-time office holders, and that includes $4,000 that we gave the office holders in August, John. Got it?

Mr. Ruge, Yes.

Mr. Carmichael, Further discussion?

Mr. Ruge, I’ll second.

Mr. Carmichael, We have a motion and a second, I believe, on the board already.

Mrs. Stevenson, So that would be $3,000 more, right?

Mrs. Vuko, Yes, $3,000 more.

Mr. Carmichael, Do I have a motion and a second? Do I have that?

Mrs. Conover, Yes.

Mr. Carmichael, Further discussion?

Mrs. Knoblock, I have to make the comment. I like to be consistent in my voting, and I did vote against the rest of them for their first raise. But being that they do have it, and it was passed, I will say yes to this for Jim tonight.

Mr. Carmichael, Okay, thank you, Carole.

Mrs. Minton, It’s $47,117, just to be sure.

Mr. Carmichael, Okay.

Mrs. Minton, Right?

Mr. Murphy, Right.

Mrs. Conover, Well just for clarification, is this what you submitted, Treasurer Murphy, the $44,117. Is that inclusive of the $1,000?

Mr. Murphy, If I end up at the end of business tonight at $47,117, then I will have been treated the same as the other girls. Thank you.

Mrs. Conover, Okay.

Mr. Carmichael, Okay, roll call.

Motion carried on a unanimous roll call vote.

Mr. Poparad, You have a transfer?

Mr. Murphy, Yes, I have a transfer.

Mr. Carmichael, And the others, they’re all withdrawn, Shirley, is that?

Mrs. LaFever, Yes.

Mr. Poparad, We’ve got a transfer for Murphy.

Mr. Carmichael, I think the other new council members will have to hear and read what we’ve said tonight. In my particular pleasure, I will work to bring you people up to the level that you should be. I realize you’re way below par.

AUDITOR 01.02
144 Form (2004)
From Executive Deputy at $32,533 to Office Manager at $32,533
144 Form (2005)
Executive Deputy at $32,533 to Office at $33,533

Mrs. Vuko, Okay, I have some transfers of my own.

Mr. Carmichael, Go ahead, Sandy.

Ms. Noll, What about the Treasurer and the Assessor’s transfers?

Mr. Carmichael, The transfer?

Ms. Noll, Murph has a transfer, and Shirley has a transfer.

Mrs. Vuko, I’m jumping ahead.

Mr. Carmichael, You need a 144 Form for Sheila, under the circumstances, she made, what, 32 last year?

Mrs. Vuko, No, no, we’re just changing her from Executive Deputy to Office Manager. We’re just changing her title.

Mr. Carmichael, Doesn’t she get the normal employee raise?

Mrs. Vuko, Yes, she already got that.

Mr. Carmichael, Got it from last year?

Mrs. Vuko, Right.

Mr. Carmichael, Okay.

Mrs. Vuko, There’s no money involved in this. It’s just a title change.
Mr. Carmichael, No. The figure is $32,533.

Mrs. Vuko, Yes.

Mr. Carmichael, That’s the correct figure?

Mrs. Vuko, Yes.

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

Mr. Poparad moved to amend the 144 Forms submitted by Auditor 01.02, for 2004, Executive Deputy to Office Manager at $32,533, and for 2005 Executive Deputy to Office Manager at $33,533. Mr. Steele seconded, motion carried on a unanimous roll call vote.

AUDITOR MAPPING 33.02
144 Form (2005)
Chief Deputy Real Estate from $0 to $3,352
Deputy Accounting I from $0 to $3,623
Deputy Accounting II from $0 to $4,109

Mr. Poparad, We’ve got a transfer for Murphy and Shirley that we haven’t done yet.

Mr. Carmichael, Okay, we’ll get them in just a second.

Mrs. Vuko, Do you want to finish mine up or do you want me to come back.

Mr. Carmichael, Go ahead with yours.

Mrs. Vuko, Okay, the next one is Mapping 33.02. This money does not come from the county general.

Mr. Carmichael, Okay.

Mrs. Vuko, It comes from fees from the mapping, and I’m going to put my Chief Deputy of real estate, I’m giving her a $3,352 raise. And I’m giving my Deputy Accounting I a $3,623 raise. And Deputy Accounting II, a $4,109 raise. Okay, you must remember this is fee money, it’s not county general money.

Mr. Poparad moved to amend the 144 Form submitted by Auditor Mapping 33.02 for 2005, Chief Deputy Real Estate from $0 to $3,352, Deputy Accounting I from $0 to $3,623, and Deputy Accounting II from $0 to $4,109. Mrs. Conover seconded, motion carried on a unanimous roll call vote.

TREASURER 01.03
Transfer
$452 from 2110 Office Supplies to 2120 Office Fixtures under $100

Mr. Carmichael, Jim.

Mr. Murphy, Transfer of $452 from Office Supplies to Fixtures under 100-bucks.

Mr. Poparad moved to grant the request for transfer of funds submitted by Treasurer 01.03, $452 from 2110 Office Supplies to 2120 Office Fixtures under $100. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mr. Murphy, Thank you.

ASSESSOR 01.09
Transfer
$800 from 1340 Boards to 2110 Office Supplies
Mrs. LaFever, I have an $800 transfer from Boards to Office Supplies. This is for, we’re involved doing our printing for 2005, and we have to have ownership pages and plat maps made for every parcel in Porter County to do our sales, to post our sales for the township assessors. Kevin, upstairs, allowed me to use the machine, but we had to pay for the paper to copy the maps with.

Mr. Carmichael, Okay.

Mr. Poparad moved to grant the request for transfer of funds submitted by Assessor 01.09, $800 from 1340 Boards to 2110 Office Supplies. Mr. Steele seconded, motion carried on a unanimous voice vote.

Mrs. LaFever, Okay, I’d like to take the opportunity to thank Karen Conover, John Ruge, and Carole Knoblock for your support for the assessors throughout the years you’ve been on this board. Also, Carole, I’m looking forward to working with you in the commissioners seat. Thank you very much, and have a good holiday.

Mrs. Knoblock, Thank you.

Mr. Carmichael, Okay, thank you, Shirley.

JACKSON TOWNSHIP 01.52
Transfer
$91.60 from 3220 Telephone to 3230 Postage
$100 from 2110 Office Supplies to 3210 Travel
$32.90 from 2110 Office Supplies to 3330 Photo & Blueprint
$15 from 3930 Dues & Subscriptions to 3330 Photo & Blueprint

Mr. Carmichael, Jackson Township needs a transfer of $91.60 from Telephone to Postage; $100 from Office Supplies to Travel; $32.90 from Office Supplies to Photo & Blueprint; and $15 from Dues & Subscriptions to Photo & Blueprint. What’s the Council’s pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Jackson Township 01.52, $91.60 from 3220 Telephone to 3230 Postage, $100 from 2110 Office Supplies to 3210 Travel, $32.90 from 2110 Office Supplies to 3330 Photo & Blueprint, and $15 from 3930 Dues & Subscriptions to 3330 Photo & Blueprint. Mr. Steele seconded, motion carried on a unanimous voice vote.

CENTER TOWNSHIP 01.10
Transfer
$500 from 2110 Office Supplies to 2250 Other Supplies

Mr. Carmichael, Center Township, $500 from Office Supplies to Other Supplies.

Mr. Steele moved to grant the request for transfer of funds submitted by Center Township 01.10, $500 from 2110 Office Supplies to 2250 Other Supplies. Mr. Poparad seconded.

Mr. Carmichael, Further discussion?

Mrs. Conover, Just, it doesn’t have anything to do with the request. But, in all these salary restructures, and Susan, I can’t remember clearly what your salary is, suggested state salary for your type of department. I think the average salary is about $48,000, is it not?

Susan Larson, I don’t know what the average is. I’m working on that currently, and I hope to submit that next year. I believe we have a very important job, and it brings in most of the money for the general fund. I think that we, in the last two years, have been put through a lot, and I do believe, the office and the employees too, so, that’s just my point of view.

Mrs. Conover, Well it’s even to me more than a matter of deserving. It’s bringing everybody up to some kind of state standard.
Ms. Larson, Correct.

Mrs. Conover, For some kind of unification.

Ms. Larson, It would be nice to be there, but, we have a job to do and we knew what it made when we took the job, so.

Mrs. Conover, Well there’s no government without the first step being our assessing.

Ms. Larson, So…

Mrs. Conover, We have no government money.

Ms. Larson, Thank you for that.

Motion carried on a unanimous voice vote.

Ms. Larson, Thank you very much. And I’d like to thank John; and I would like to thank Carole and John for your support in the past years. Good luck.

Mrs. Knoblock, Thank you.

Mr. Ruge, Thank you.

COUNCIL 01.25
Transfer
$100 from 2110 Office Supplies to 2250 Other Supplies

Mr. Carmichael, The Council needs a transfer of $100 from Office Supplies to Other Supplies. What’s your pleasure?

Mr. Poparad moved to grant the request for transfer of funds submitted by Council 01.25, $100 from 2110 Office Supplies to 2250 Other Supplies. Mr. Ruge seconded, motion carried on a unanimous voice vote.

2005 SALARY ORDINANCE

Mr. Carmichael, We need the adoption of the 2005 Salary Ordinance. What’s the Council’s pleasure?

Mr. Poparad moved to adopt the 2005 Salary Ordinance as submitted. Mr. Steele seconded, motion carried on a unanimous voice vote.

CITIZEN APPOINTMENTS

Mr. Carmichael, These citizen appointments will probably take place after the first of the year when our new board is formed.

REORGANIZATION MEETING DATE

Mr. Carmichael, Reorganization meeting date with the new county council. What do you want, Al? The first Tuesday in January.

Mr. Steele, I thought you set it, Bill.

Mr. Carmichael, What is that date?

Ms. Noll, The fourth is the first Tuesday.

Mr. Poparad, The fourth.
Mr. Steele, The fourth.

Mr. Carmichael, The fourth is the first Tuesday. Is that good?

Mr. Steele, That’s, you said that in your letter. That’s fine, the fourth.

Mr. Carmichael, Alright; then the Council will meet on January 4th , and this room is available only at 5:00.

Mr. Poparad, Okay.

Mr. Carmichael, Okay, does anybody have a problem with that? Rita?

Mrs. Stevenson, No.

Mr. Carmichael, Okay, then the Council will meet for reorganization at 5:00 on January 4th in this room.

ATTORNEY’S REPORT
Financial Situation
Third Amendment to Porter County Police Retirement Plan
Merit Pension Shortfall

Mr. Carmichael, Attorney’s Report.

Mr. Hollenbeck, Very quickly, Mr. President. We continue our voyage out from under the financial perfect storm, the projections that we made at the last meeting continue to hold, and indeed, things may even look a little better than that. The first bell-weather of our recovery will be as Karen Conover alluded to, our cash balance on December 31st. That continues to look favorable given the constraints you imposed on spending; your reallocation of expenditures to other revenue sources; and our growing revenue stream. So we’re beginning to see some light at the end of the tunnel
Two matters regarding the Merit Board. I am in possession of a third amendment to the Porter County Police Retirement Plan. Pursuant to your instructions, the Merit Board has adopted and signed, and the Sheriff has signed, and Council President Carmichael has signed the amendment that as of January 1, 2005 will commence the 3% contribution by merit employees. So that matter is behind us.
Another matter regarding the merit of not quite as good a news, on the merit pension situation, I believe in the budget for 2004 is a $450,000 budgeted contribution approved as an appropriation in the budget.

Mr. Poparad, It’s 457.

Mr. Hollenbeck, Okay, 457. Is that right, Sheila?

Mrs. Minton, I’m seeing what we approved for 2004 or 2005?

Mr. Hollenbeck, Right.

Mrs. Minton, In 2004, we approved $565,192.

Mr. Poparad, That was the, well that’s what was, because of the carryover from January.

Mrs. Minton, $486,324.

Mr. Poparad, Yes.

Mr. Hollenbeck, Okay, 486. I’m advised by the sheriff that the service of process fees that we use to fund that, as part of the funding mechanism, are going to fall about $100,000 short. So fully funding it will necessitate utilizing $100,000 in general fund revenue. Again, you’ve already made that appropriation. It’s in your budget. Those monies presently that are collected as service of process fees go in the general fund.
Just for your information, according to the sheriff, they’re going to fall about $100,000 short in ’04 in being able to fully fund it with just the service of process fees. That’s why of course, you’ve addressed issue in ’05, and with the service of process fees, and the 3% contribution of the men, hopefully we will be at or near being able to fully fund the required contribution from those two sources. End of report.

Mr. Poparad, Can I ask a question, Bill?

Mr. Carmichael, Go ahead.

Mr. Poparad, Do we need to make a motion to adopt the amendment changes to the plan and make it official?

Mr. Hollenbeck, Well Bill signed them.

Mr. Poparad, Okay, I know…

Mr. Hollenbeck, Yes, as far as I’m concerned…

Mr. Poparad, Because the Council has to approve it, I thought. I mean I don’t, it doesn’t matter.

Mr. Carmichael, Let’s have a motion.

Mr. Steele, I think we should have a motion.

Mr. Carmichael, We need a motion. Is there a motion to approve the amendments?

Mr. Poparad moved to approve the Third Amendment to the Porter County Police Retirement Plan. Mr. Steele seconded, motion carried on a unanimous voice vote.

THIRD AMENDMENT
TO
PORTER COUNTY POLICE RETIREMENT PLAN
WHEREAS, Porter County Police Retirement Plan (hereinafter referred to as “Plan”) was established by Porter County Sheriff’s Department, Valparaiso, Indiana (hereinafter referred to as “Employer”), effective as of January 1, 1970; and as last amended by a Second Amendment, effective as of the dates indicated therein; and
WHEREAS, by Section 11.01 of the Plan, the Employer reserved the right to amend the Plan; and
WHEREAS, the Employer desires to reinstate mandatory contributions to the Plan;
NOW, THEREFORE, BE IT RESOLVED, that the Plan is hereby amended by this Third Amendment, effective as of January 1, 2005, to read as follows:
1. The definition of “Net Amount of Contributions,” subsection (h) of Section 2.01 is hereby amended, to read as follows:
“(h) ‘Net Amount of Contributions’ means the amount of money actually paid into the Trust Fund from the wages of each Participant, prior to January 1, 1991, and subsequent to January 1, 2005, plus interest at the rate of three percent (3%) compounded annually up to the termination date, less any sums, plus interest at the same rate, paid from the Trust Fund to such Participant or to any governmental fund for the credit or benefit of such Participant, Crediting of interest shall commence as of the end of the Plan Year in which contributions are made by the Participant.”
2. Section 1.01(i) is hereby amended, to read as follows:
“(i) ‘Participant’ means an Employee who is eligible to participate or who is actively participating in the Plan. Active participation prior to January 1, 1991, and subsequent to January 1, 2005, is evidenced by the Participants signature on an enrollment form wherein said Employee authorized the deduction of the required Participant contribution as described hereinafter. Participation shall cease upon termination of employment with the Employer; however, a former participant may retain rights to payment of certain benefits in accordance with the provisions of the Plan.”
3. Section 3.01 is hereby amend in its entirety, to read as follows:
“Section 3.01. Credited Service. ‘Credited Service’ is that portion of a Participant’s service which is used in computing benefits or determining eligibility for benefits unless otherwise specifically provided in any other Section of the Plan. A Participant’s Credited Service shall be determined in accordance with the following rules.
(1) An Employee who is employed by the Employer on the Effective Date and who becomes a Participant when he first eligible under the Plan shall be credited with Credited Service equal to the aggregate full and fractional years of his service with the Employer prior to the Effective Date and during which he was an Employee, as defined in Section 2.01(e), provided that such service shall cease to be recognized if the Participant ceases to make the required contributions prior to January 1, 1991, or subsequent to January 1, 2005, while remaining in the active employment of the Employer. An Employee who terminated employment with the Employer prior to the Effective Date and who was not reemployed after the Effective Date shall not receive credit for service prior to the Effective Date.
(2) An Employee who becomes a Participant when he is first eligible under the Plan shall be credited with Credited Service equal to the full and fractional years of his service with the Employer after the Effective Date and during which he is a Participant hereunder, provided that service prior to January 1, 1991, and subsequent to January 1, 2004, shall cease to be recognized if the Participant ceases to make the required contributions, while remaining in the active employment of the Employer.
(3) An Employee who failed to become a Participant when he was first eligible by failing to make the contributions required under the Plan prior to January 1, 1991, and subsequent to January 1, 2005, shall only be credited with Credited Service equal to the full and fractional years of his service with the Employer after his eventual Entrance Date (as defined in Section 4.02).
A former Participant, who ceased making the required contributions prior to January 1, 1991, but who remained in the active employment of the Employer, shall not have any prior service reinstated during the period when Employee contributions were required, but shall have service credited after January 1, 1991, as if he were a new Participant hereunder, but prior to the reinstatement of mandatory contributions, effective January 1, 2005, when service again shall not be credited unless he participates by making the required contributions.
“A Participant shall not receive credit for any absence from the active service of the Employer prior to January 1, 1991, or subsequent to January 1, 2005, if the Participant does not make the Participant contributions required at that time. Credit for service during any absence prior to January 1, 1991, or subsequent to January 1, 2005, when the Participant makes the required contributions shall be governed by the provisions of the Plan in effect at that time. Effective January 1, 2004, for those absences without pay during which the Participant makes the required contributions based on the monthly Salary immediately preceding such absence, credit shall be given for a period not to exceed three (3) months. After such three (3) month period, no credit shall be given during the absence nor shall any contributions be accepted from the Participant. The granting of authority for the aforementioned absences shall be made pursuant to the Employer’s published personnel policies and such policies shall be applied to al Participants in a uniform and nondiscriminatory manner. Failure to return from any such leave of absence shall constitute a termination of the Employee’s service as of the date of such failure to return.
“A Participant who terminates his employment with the Employer for any reason other than because of disability or because of the voting or electoral process, who received a lump sum distribution of his Net Amount of Contributions as of such date of termination, and who is later reemployed by the Employer shall received no credit for prior service with the Employer and shall be treated as a new employee upon his reemployment. In the event that an Employee or former Employee is absent form the active service of the Employer as a result of the voting or electoral process and subsequently is reemployed by the Employer within fifty (50) days of his termination of employment, such Employee shall, upon return to active service, have all his prior Credited Service reinstated; provided, however, that if such Employee or former Employee received a distribution pursuant to Section 7.01 of the Plan, then, before his prior Credited Service may be reinstated, he shall repay to the Trust Fund, within two (2) years of his return to the active service of the Employer if his absence was because of the voting or electoral process or within six (6) months of his return to active service of the Employer if his absence was for any other reason than disability, the full amount of the distribution received, plus interest at the rate of three (3) percent compounded annually from the date of distribution to the date of his return to the active service with the Employer. Credited Service will not be reinstated until the full amount of the distribution has been repaid; however, such repayment may be in one single sum or periodic payments.
“Determination of Credited Service by the Committee shall be binding upon all Participants and Beneficiaries. In the determination of Credited Service by the Committee, all Employees and Participants under similar circumstances must be treated alike. Credited Service shall be calculated to the nearest one-twelfth (1/12) year.
“To the extent the foregoing provisions do not credit service as required by the Family and Medical Leave Act, a Participant shall receive credited service as required by such Act. Basically, such Act requires the crediting of service for vesting purposes only for a family or medical leave of up to 12 weeks.”
4. Section 3.02 is hereby amended in its entirety, to read as follows:
“Section 3.02. Reemployment. A Participant who terminates his employment with the Employer and who is reemployed by the Employer prior to the distribution of his Net Amount of Contributions and prior to the commencement of any other benefit payments under this Plan shall not be entitled to any benefits under this Plan until his subsequent termination of employment, and upon such subsequent termination his benefit shall be determined based upon all of his Credited Service with the Employer.
“Any monthly benefit being paid to a reemployed Participant shall be suspended on his reemployment date. Upon the subsequent termination of employment of such a Participant, his benefit shall be based on Credited Service prior to his termination of employment and subsequent to is return to employment. Any benefits to which such a Participant is subsequently entitled shall be offset by the Actuarial Equivalent of any distribution, other than disability benefits and Net Amount of Contributions which were repaid upon reemployment pursuant to Section 3.01, made under this Plan as a result of a previous termination of employment with the Employer. However, in no event shall a Participant receive either a greater benefit that he would have received from continuous service without interruptions or a lesser benefit that he was receiving immediately prior to his reemployment.
5. Section 3.03 is hereby amended in its entirety, to read as follows:
“Section 3.03. Rules for Reemployed Veterans. A Participant shall be granted Credited Service upon his reemployment by the Employer for any period of time during which such Employee was on active military duty, but only if such Participant is entitled upon his reemployment to veteran’s reemployment rights with respect to such period of military duty under the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.) and only if the Participant makes up any Participant contributions required under Article X based on the Salary of the Participant would have received with reasonable certainly during the period of his military duty. Such Participant shall have up to three (3) times the period of his military duty (but not to exceed five (5) years) to make up his missed required Participant contributions.
“In determining the Final Average Monthly Salary of a reemployed veteran meeting all requirements of applicable federal law for reemployment rights, such veteran shall be deemed to have received the Salary the Participant would have received with reasonable certainty, except for his absence during the period of military duty.”
6. Section 4.02 is hereby amended in its entirety, to read as follows:
“Section 4.02. Entrance Date and Requirement of Contributions. The ‘Entrance Date’ of a Participant is the date as of which an Employee becomes enrolled as a Participant. For Participants employed prior to January 1, 1991, and subsequent to January 1, 2005, the ‘Entrance Date’ is the date as of which the Participant’s required contributions commence as provided in Section 10.02.”
7. Section 4.03 is hereby amended in its entirety, to read as follows:
“Section 4.03. Termination of Participation. Participation by an active Participant in the Plan shall be terminated upon (1) the commencement of a benefit to him as a Pensioner, (2) his death, (3) the termination of his employment with the Employer, (4) the termination of the Plan, (5) termination of his participation by operation of law, (6) his ceasing to be an Employee as defined in Section 2.01(e) of the Plan, or subsequent to January 1, 2005, ceasing to make required Participant contributions as described in Section 10.02.
8. Section 4.04 is hereby amended in its entirety, to read as follows:
“Section 4.04. Failure to Participate. Failure to participate prior to January 1, 1991, or subsequent to January 1, 2005, when fully eligible shall cause a Participant to received credit only for that service occurring subsequent to an eventual Entrance Date of such Participant. An Employee who failed to elect to participate prior to January 1, 1991, when fully eligible could have entered the Plan on January 1, 1991. If such a Participant makes mandatory contributions effective January 1, 2005, compensation and service will continue to be credited after January 1, 2005, during the period Participant contributions are made. If such a Participant does not make mandatory contributions on or after January 1, 2005, he will not accrue any additional benefit after December 31, 2004. An Employee who fail to participate when eligible may thereafter enter the Plan on any Anniversary Date next following the delivery to the Committee of his written agreement to make the required Participant contributions.”
9. Section 10.02 is hereby amended in its entirety, to read as follows:
“Section 10.02. Participant Contributions. During the period from January 1, 1991, to January 1, 2005, mandatory contributions to the Plan were not required. Prior to January 1, 1991, Participants were required to make a monthly contribution equal to four percent (45) of one-twelfth (1/12) of his salary. Effective January 1, 2005, Participants shall again be required to make mandatory contributions to the Plan.
“Each Participant shall be required to contribute a monthly amount equal to three percent (3%) of one-twelfth (1/12) of his salary. Money so contributed will be deducted from each paycheck of the Participant and transferred by the Employer to the Trustee to become part of the Trust Fund as described herein. In the event of a Participant’s separation from Service with the Employer, for whatever reason, such Participant may elect to be paid a lump sum equal to his Net Amount of Contributions. In the event a Participant elects such a lump sum payment, there shall be no further liability under the terms of this Plan for such Participant’s Services occurring prior to such date of separation from Service.”
In witness of its adoption of the foregoing amendments to the Plan, the Employer has caused this amendment to be executed as of the 30th day of August, 2004.
PORTER COUNTY SHERIFF’S DEPARTMENT
S/ David Reynolds, Sheriff of Porter County
Approved and ratified at a meeting of the Porter County Sheriff’s Merit Board on the 30th day of August, 2004.
PORTER COUNTY SHERIFF’S MERIT BOARD
S/ Jon Groth, President MB
Approved and ratified at a meeting of the County Council of Porter County on the 30th day of August, 2004.
COUNTY COUNCIL OF PORTER COUNTY
S/ William R. Carmichael


Mr. Steele, Mr. President, Dave, would you give us each a letter with the terms?

Mr. Hollenbeck, Sure, now I do not have an originally signed. Bill, when they had you sign it, did you keep an original?

Mr. Carmichael, There’s a copy, Jan, I think has a copy in the office.

Mr. Hollenbeck, Okay, because all I have is a Xerox. Yes, Al, I will send it. I just got this yesterday.

Mr. Steele, Thank you.

Mr. Hollenbeck, I’ll get it out to everybody with an explanation of what it says. The other…

Mr. Poparad, Wait a minute, in referencing the merit plan, do you have a letter from McCready & Keene saying its short?

Mr. Hollenbeck, You mean on the ’04 issue?

Mr. Poparad, Yes.

Mr. Hollenbeck, No, but that wouldn’t be a McCready & Keene issue. I mean we put in the budget what the actuarial people told us.
Mr. Poparad, Correct.

Mr. Hollenbeck, And then the funding sources are just what comes in from service of process.

Mr. Poparad, Then part of the general fund makes up the rest.

Mr. Hollenbeck, Right. The only thing McCready & Keene do is tell us what that annual figure should be, and that figure we found out was 487. I thought it was 450.

Mrs. Minton, It 486.

Mr. Hollenbeck, Okay, 486.

Mr. Poparad, What is gone this year? Can you tell, Sheila, what has been paid to that plan this year. I mean we still have December yet.

Mr. Hollenbeck, Right.

Mr. Poparad, Which is about $30,000 at the process level. Really, we probably have November and December because November hasn’t been tabulated yet.

Mr. Hollenbeck, Again, all I know is what the sheriff told me, and that’s, I thought you should know that it is his projection that there will be approximately a $100,000, quote, shortfall between the service of process fees that are collected, and what has to go into the fund pursuant to the actuarial report.

Mr. Poparad, Well the rest is out of the general fund.

Mr. Hollenbeck, Right, just like it has for years. That’s what I said, the rest of it is paid by the general fund.

Mr. Poparad, Sheila.

Mrs. Minton, $368,664 is what they have put in for so far. I know Deb said she’s got November, or December to put in still, which she talked to me about, another $30,000, and they did not put in for anything for November, so.

Mr. Poparad, $160,000.

Mrs. Minton, Yes.

Mr. Steele, Sheila, could we ask for definite numbers on that, what the papers were served and McCready said we owe so we can have a definite number. Because if we are going to pass on this later on, we just aren’t going to give them carte blanche $100,000. We should know exactly what we are giving them.

Mr. Hollenbeck, Well we do. What happens is, in July of every year, because their year goes from July 1st to June 30th, we get a statement from their actuarial people as to what is needed to fund their pension plan. That figure was $486,000. So when you do the budgets in August and September, you put in the ’04, $487,000 and that’s what has to go into their pension plan from our money.

Mr. Steele, Minus their papers served?

Mr. Hollenbeck, Well no, the paper money that’s served, that revenue stream goes into the general fund.

Mr. Steele, Okay, I got you.

Mr. Hollenbeck, And you simply pay $487,000. I was only, based on what the sheriff told me, I was only alerting you to the fact that there is in fact a shortfall. Bob’s right, that’s nothing new. I mean we’ve had shortfalls bigger than that in past years; that was what motivated the whole discussion about the employees participating at some level in their own plan.

Mr. Poparad, What’s the mechanism at the end of the year? Do we just finish it out with general fund money?

Mr. Hollenbeck, Yes, I mean we just make the payment, $487,000.

Mrs. Minton, They’ll turn in, Bob, they’ll turn in two claims for November and December.

Mr. Poparad, Right.

Mrs. Minton, What they estimate their papers to be, then they’ll turn in a third claim for the remainder that’s…

Mr. Poparad, The balance.

Mrs. Minton, Left in the account.

Mr. Poparad, Okay.

Mr. Hollenbeck, End of report, Mr. President.

SECOND READING

Mrs. Knoblock and Mr. Poparad moved to approve Second Reading. Mrs. Stevenson seconded, motion carried on a unanimous voice vote.

PLAQUE PRESENTATION FOR DEPARTING COUNCIL MEMBERS

John Ruge
Carole Knoblock
Karen Conover

Mr. Carmichael, John, it’s your last meeting. We certainly want to recognize you, and in recognition of your many years of service to the citizens of Porter County, the Council wants to present you with this plaque. Thank you very much for your service, John.

Mr. Ruge, Thank you.

Mr. Carmichael, Carole, we’re going to miss you, but not too far. Now you’re going to be on the other side of that table. Here’s the appreciation of your service.

Mrs. Knoblock, Thank you so much.

Mr. Carmichael, Thank you very much.

Mrs. Knoblock, You’re welcome.

Mr. Carmichael, And to the lady who chose to retire, wonderful. Presented to Karen Conover in recognition of your outstanding service to the citizens of Porter County from 1997 to 2004. I hope to have you back some day.

Mrs. Conover, Thank you so much. I have a few words too. I’ve enjoyed my service to Porter County government for these past years tremendously, and it’s been quite an honor to serve the citizens of this county as an elected official. My life is so much more enriched by the lifetime friendships I have formed, and the wisdom that I walk away with.

When times were good financially, we were better able to keep pace with our growing community. Porter County did not suffer as badly as the rest of the nation when it came to the recession because of our booming housing industry. Our industry kept our county strong financially, and many employees working.
It wasn’t until the bottom dropped out of our own budget with the loss of Bethlehem and National with their bankruptcies combined with our reassessment woes that we found ourselves trying to stay afloat. There are many factors that kept our ship from sinking, and I’d like to take a moment to recognize a few of them
A special thank you to David Hollenbeck for securing state bailout monies, even when the state didn’t have a lot of sympathy for us. And also for securing in and lieu of tax from ISG, because of lost revenue from Bethlehem. Sir, your expertise, your wisdom and knowledge is second to none in Porter County in your capacity, and some of us recognize this.
The County Commissioners for working so diligently with some of us on this board to help relieve the ailing general fund, and in addition, take other departments that are fee-based out of this fund to operate on their own funding. The list of what they were able to do can go on and on, and it’s the devil in the detail. They did so much that made a difference.
To the Sheriff for loaning us the money that he didn’t have to, to enable us to make a couple of payrolls until other finances came through, and his creative funding to pay jailers out of the federal money that he was able to secure.
To the Township Assessors and their staffs for leaving the comfort and convenience of their workplaces to come to the county building, and do the rest of their computer work to meet the deadlines so the reassessment would come to a finality.
To our secretary, Jan, who has the uncanny capability for being loyal to seven bosses that weren’t always seeing eye-to-eye very clearly during our most turbulent times.
There are so many department heads and many office holders that had to cut staff, pinch pennies, and offered up what they could out of other fee-based funding to secure our general fund.
To all of our county employees who stayed with this corporation when they were hit with health care increases and restructuring, no raises for several years, and a cut in longevity benefits. We did lose some good key people during this time, but I’m grateful for those who hung in here and kept coming to work, and went beyond dedicated service. You helped to keep our government strong, and you all put up with so much.
And last but not least, to our fearless leader, Bill Carmichael. Your leadership and patience is second to none. You had the confidence and put your best foot forward, and you never wavered. Bill, you and I have been around the block more than once in this past 25 years. I’ve not always seen eye-to-eye with you or you with me, but it has been my pleasure to serve with you on this board, especially so as our president during our fiscal crisis. I have a very special gift for you, and it is on order. I have a Hoosier Bat for you, that you will receive next week. Its a one of a kind, Bill, because it will carry your signature. Sammy Sosa has his own, and so will you.

Mr. Carmichael, Wow.

Mrs. Conover, Thank you.

Mrs. Knoblock, I’ve got something short to say.

Mr. Carmichael, Carole.

Mrs. Knoblock, Anyway, I’ve really enjoyed working with all of you on the council, and also, Jan, I want to thank you for all you’ve done for us. Another thing, I know there’s been a lot of times when I’ve been a No-Knoblock. Anyway, sometimes we didn’t always agree, but I voted the way my heart said, and I thank you for everything. And Dave also, I appreciate what you’ve done.

Mr. Hollenbeck, You’re welcome.

Mrs. Knoblock, Thank you.

Mr. Carmichael, Thank you, Carole. Any other business to come before this board at this time? Anyone in the public wish to speak? Forever hold your piece. 2004 is done.

There being no further business meeting adjourned at 9:00 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