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Porter County attorneys parse CEDIT funds statute

Updated: January 6, 2013 9:53AM



VALPARAISO — The county attorney will be working with the attorney for the Porter County Council to wade through conflicting interpretations of a new state statute concerning the transfer of unallocated funds.

County attorney Elizabeth Knight said during the Board of Commissioners meeting Tuesday that she is working with Scott McClure, the council’s attorney, to reach an agreement.

As things stand now, the commissioners write a project for the use of County Economic Development Income Tax funds, the council approves it, and the money goes to that project.

“The council seems to think if they don’t appropriate it all, they can take it. It’s not going to happen, and that’s not how the law is designed,” said Board of Commissioners President John Evans, R-North.

Knight said that, as she reads the statute, it doesn’t designate the council as having that authority.

“I don’t think this changes the power of the body,” she said, adding she will ask the County Council to continue following established procedure for unallocated CEDIT funds until a resolution is reached on the new statute.

Evans requested cooperation from the council, and wanted to know how much money the council needs from CEDIT.

“I ask that the council do as we ask and ask for a dollar amount, with the realization that they are not going to take all that (unallocated) money,” he said.

“We need a mutually beneficial agreement.”

Knight said she would work with McClure to resolve the matter and hopefully keep it out of court.

In other business, commissioners voted 3-0 to give funds to Opportunity Enterprises, the Family and Youth Services Bureau and Porter County Aging and Community Services funds for their 2013 budgets out of interest money from the sale of the hospital.

The council gave the measure, which requires a simple majority vote from both bodies, their go-ahead in mid-October, but the move stalled at the last council meeting, leaving the not-for-profit agencies in the lurch.

Additionally, commissioners approved a contract not to exceed $225,000 for work on the roof of Memorial Opera House with Berglund Construction of Chesterton.



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