PORTER COUNTY COUNCIL
June 28, 2005

The Porter County Council met on Tuesday, June 28, 2005 at 6:30 p.m. in the County Administration Center, 155 Indiana-Suite 205, Valparaiso, Indiana.

Members present were Laura Blaney, Jim Burge, William Carmichael, Al Steele, Rita Stevenson, Dan Whitten, and President Bob Poparad. Also present was Attorney David Hollenbeck, Auditor Sandra Vuko, Becky Phillips and Jan Noll.

The meeting was not taped, due to recording problems.

The meeting was called to order with the Pledge of Allegiance.

A motion was made and seconded to approve the minutes of May 24, 2005 and the 2005 Budget Hearings; motion carried unanimously.

FIRST READING

Mrs. Vuko read the Notice to Taxpayers.

SUPERIOR COURT 2 - ALEXA 01.83
Transfer
$630 from 3720 Software to 3710 Rentals

Reason for Transfer: Additional usage costs not properly billed in 2004, and outstanding bill for copy machine contract.

The Council discussed the request for transfer of funds.

A motion was made and seconded to grant the request for transfer of funds submitted by Superior Court 2, 01.83, $630 from 3720 Software to 3710 Rentals; motion carried on a unanimous voice vote.

VETERANS SEVICES 01.27
Additional Appropriation
$740 to 3730 Lease Purchase

Reason for Additional Appropriation: Caseload in office has grown; hand-me-down copiers are outdated; forms must be copied in triplicate; projected monthly copy volume is approximately 2,000 copies per month.

The Council discussed the request for additional appropriations.

A motion was made and seconded to grant the request for additional appropriations submitted by Veterans Services 01.27, $740 to 3730 Lease Purchase; motion carried on a unanimous roll call vote.

CCD FUND 132.30
Additional Appropriation
$60,000 to 4510 Data Processing Equipment
Transfer
$10,288 from 4210 Buildings to 3120 Consultants

Reason for Additional Appropriation: Year two of five year plan; for the purchase of new computers.

Reason for Transfer: To cover costs for technology management consulting and assessment performed by Daadda Services.

The Council discussed the requests for additional appropriations and the transfer.

A motion was made and seconded to approve the request for additional appropriations, $60,000 to 4510 Data Processing Equipment; and the transfer of $10,288 from 4210 Buildings to 3120 Consultants, submitted by CCD 132.20; motion carried on a unanimous roll call vote.

COMMISSIONERS 01.30
Transfer
$280 from 2110 Office Supplies to 4440 Furniture & Fixtures over $100

Reason for Transfer: To cover the purchase of filing cabinets for Veteran Services.

The Council discussed the request for transfer of funds.

A motion was made and seconded to grant the request for transfer of funds submitted by Commissioners 01.30, $280 from 2110 Office Supplies to 4440 Furniture & Fixtures over $100; motion carried on a unanimous roll call vote.

LAND FILL DISCUSSION

Commissioner Robert Harper presented a letter to the Council showing estimated fees from Sommer Barnard for preparation of a brief in response to the recent appeal on the landfill. He asked the Council for a consensus. After a brief discussion, the Council agreed to pay Sommer Barnard to represent Porter County in their appeal of the Boone Grove landfill.

PARKS OPERATING 127
Additional Appropriation
$970 to 2250 Other Supplies
$970 to 3310 Printing other than Office Supplies
$1,000 to 3340 Advertising
$3,000 to 3980 Event Expenses

Reason for Additional Appropriation: Payment #5 and #6 received from Tourism; funds will be used for festivals and events.

Mr. Carmichael moved to grant the request for additional appropriations submitted by Parks Operating 127, $970 to 2250 Other Supplies, $970 to 3310 Printing other than Office Supplies, $1,000 to 3340 Advertising and $3,000 to 3980 Event Expenses. Mr. Whitten seconded, motion carried on a unanimous roll call vote.

PARKS 01.85
Transfer
$400 from 3130 Training & Education to 3330 Photo & Blueprint
$700 from 3650 Vehicle Repair to 3620 Buildings & Structures

Reason for Transfer: To purchase film for programs, and materials for projects.

Mr. Carmichael moved to grant the request for transfer of funds submitted by Parks 01.85,
$400 from 3130 Training & Education to 3330 Photo & Blueprint and $700 from 3650 Vehicle Repair to 3620 Buildings & Structures. Mr. Whitten seconded, motion carried on a unanimous voice vote.

LIBERTY TOWNSHIP 01.53
Transfer
$30.51 from 3230 Postage to 3340 Advertising

Reason for Transfer: Need to place help wanted ad in the Chesterton Tribune.

Mr. Carmichael moved to grant the request for transfer of funds submitted by Liberty Township 01.53, $30.51 from 3230 Postage to 3340 Advertising. Mr. Whitten seconded, motion carried on a unanimous voice vote.

COUNCIL 01.25
Transfer
$1,500 from 3110 Legal to 3130 Training & Education

Reason for Transfer: To reimburse member who attended AIC Conference in Indianapolis, June 3rd and 4th, and for future training; line was cut in 2002.
Mr. Whitten moved to grant the request for transfer of funds submitted by Council 01.25, $1,500 from 3110 Legal to 3130 Training & Education. Mr. Carmichael seconded, motion carried on a unanimous voice vote.

AUDITOR’S REPORT

Mrs. Vuko stated that she had no report for the Council.

ATTORNEY’S REPORT
ISG Payment
Juvenile Bond Issue

Mr. Hollenbeck reported that the monies for the 2004 ISG payment and 2003/2004 PTRC had been distributed to each unit of the local government. He further stated that he would be working with the county attorney to draft a document for the juvenile bond, and would present it to the Council for their approval at the July 26th meeting.

COUNCIL BUDGET

After review of the budget, it was the consensus of the Council to forward it the Auditor’s Office.

SECOND READING

Mr. Carmichael moved to approve Second Reading. Mr. Whitten seconded, motion carried unanimously.

BAILOUT LOAN DISCUSSION

There was a brief discussion regarding the pay back of Porter County’s bailout loan. The following motions were made.

Mrs. Blaney moved delay the payment of the bailout loan, and invest the money to earn interest. Mr. Whitten seconded, motion failed on the following roll call vote:

Steele - Yes Stevenson - No
Carmichael - No Blaney - Yes
Burge - No Poparad - No
Whitten - Yes

Mr. Burge moved to pay $450,000 towards the bailout loan, and keep the other half in an interest-bearing account. Mr. Carmichael seconded, motion carried on the following roll call vote:

Stevenson - Yes Carmichael - Yes
Blaney - No Burge - Yes
Poparad - Yes Whitten - No
Steele - No

EXCESS FUNDS

Mr. Poparad stated that members have a list of funds from the Auditor’s office in front of them. He asked the Council what they would like to do with them.

Mr. Hollenbeck stated that before they did anything with the funds, they would need to identify the source of the fund, and what conditions were presupposed. He stated that this would be a Herculean task, but would work with Gwenn and the Auditor, and report back to the Council at the July meeting.

COMMISSIONERS/COUNCIL JOINT RESOLUTION
Resolution 05-06

Although not officially discussed, the Council signed Resolution 05-06. It is calendared for ratification at the July 26, 2005 meeting.

RESOLUTION NO. 05-06
JOINT RESOLUTION WITH PORTER COUNTY BOARD OF COMMISSIONERS
AND PORTERCOUNTY COUNCIL
A RESOLUTION CONCERNING THE ACCESSIBILITY OF POLLING PLACES AND THE
ADMINISTRATION OF HAVA FUNDS
BE IT RESOLVED AND CERTIFIED BY THE PORTER COUNTY BOARD OF COMMISSIONERS AND THE PORTER COUNTY COUNCIL:
SECTION 1. Subject to the availability of Title III requirement monies to the county under the Help America Vote Act of 2002, no later than March 31, 2006, the county will make all permanent and temporary improvements to each polling place in order to comply with the polling place accessibility standards set forth in IC 3-11-8, and to the extent possible, make any additional improvements identified in the HAVA polling place survey that are not specifically required by state or federal law.
SECTION 2. The county will submit a report to the Indiana Election Division no later than December 31, 2005. The report under this SECTION must list the polling place accessibility problems identified in the survey of polling places and indicate whether these problems have been resolved by temporary or permanent improvements, or whether the polling place has been relocated to an accessible facility. If the report indicates that the problems have not yet been resolved, the report must indicate how the county will resolve the problem no later than March 31, 2006. The county agrees to submit any additional reports required by the Indiana Election Division until the county reports that the polling place accessibility requirements identified in the survey have been resolved. The report must be certified as accurate by majority vote of the county election board, following review and opportunity for written comments to be added to the report by the local advisory council described in SECTION 4 of this Resolution.
SECTION 3. As of December 31, 2005, each polling place will contain at least one (1) voting system to permit a voter who is blind or visually impaired to vote privately and independently.
SECTION 4. The county legislative body will adopt an ordinance to establish a local advisory council comprised of representatives of the disabilities community and elderly voters to provide assistance to the county in choosing polling places. The council may include any number of members, but must include at least two (2) representatives of the disabilities communities or elderly voters. The county executive shall appoint the members and shall encourage county residents with a variety of backgrounds, partisan affiliations, and perspectives to participate. If county residents are not available to serve on the council, the county executive may partner with the Governor’s Planning Council on Disabilities to carry out the functions of the council.
SECTION 5. The council fiscal body pledges that Section 102 HAVA monies received by the county will be used to pay any outstanding obligations incurred by the county for the voting system purchase subject to the reimbursement.
SECTION 6. The county fiscal body pledges that if the obligations incurred by the county to obtain this voting system have been paid in full or in part as of this date, that the remaining Section 102 reimbursement funds will be used to improve the administration of elections for federal office in the county.
SECTION 7. No later than thirty (30) days after adoption of this Resolution, the county will establish a separate non-reverting account in which all Section 102 reimbursement funds will be deposited.
SECTION 8. The county agrees to refund to the State of Indiana no later than May 1, 2006 an amount equal to the Section 102 reimbursement funds received by the county if the Secretary of the State of Indiana and the Co-Directors of the Indiana Election Division determine on April 1, 2006 that the county has not (1) replaced the lever voting machines (or punch card voting systems) in each precinct of the county no later than December 31, 2005; or (2) honored one or more of the certifications made by the county in this Resolution regarding polling place accessibility or the permitted used of these funds.
CERTIFIED this _____ day of ___________________, 2005.

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

COUNTY COUNCIL
PORTER COUNTY, INDIANA
s/William R. Carmichael
s/Robert Poparad
s/Rita Stevenson
s/Al Steele
s/James A. Burge
s/Laura Blaney
s/Dan Whitten

Attest: s/Sandra K. Vuko, Auditor

There being no further business, meeting adjourned at 7:05 p.m.

PORTER COUNTY COUNCIL
PORTER COUNTY, INDIANA

Laura Blaney
Jim Burge
William Carmichael
Robert Poparad
Al Steele
Rita Stevenson
Dan Whitten

Attest: Sandra Vuko, Auditor