VANDERBURGH COUNTY COUNCIL

MINUTES

AUGUST 5, 2009

The Vanderburgh County Council met in session this 5th day of August 2009 in room 301 of the Civic Center Complex. The meeting was called to order at 8:34 a.m. by County Council President Tom Shetler, Jr.

President Shetler: Good morning, all. It’s August the 5th and time for the County Council meeting. We’ll have the roll call, please.

President Shetler: We have all seven members in attendance. I’d like to ask Councilman Kiefer to please lead the Pledge of Allegiance.

(Pledge of Allegiance was given)

President Shetler: Okay, everybody was mailed the minutes. Do I have any questions? We need a motion for approval.

Councilmember Lloyd: Motion to approve.

President Shetler: It’s been moved and...seconded by...

Councilmember Bassemier: Second.

President Shetler: Councilman Bassemier. Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

(Motion unanimously approved 7-0)

President Shetler: Next on the agenda I’m going to change this just a little bit out of synch here. I’d like to deal next with the resolution concerning the Food & Beverage Tax. Ordinance, I’m sorry. The ordinance on Food & Beverage. Do I have any questions? Does everybody have that ordinance with them? There’s been a slight change in it. I’ll let our attorney, Mr. Ahlers, explain that slight change that was made.

Jeff Ahlers: I’d furnished you, I guess about a week or so ago, the ordinance pertaining to the Food & Beverage Tax. Yesterday there was a minor revision, it would be on page four, section three, F, and F was added, and it was just one sentence. And the only thing that we were doing there is to clarify, because over time, sometimes that tax changes. I don’t know, this bond may go longer than some of us are here, and was to make sure to clarify that in the ordinance, that the way that the ordinance appropriates the funds is based upon how the tax rate is in effect as of July 1, 2009. So, in other words, if that were different in the future, it would have to be revisited. So if you want to include that, you can. If you don’t want to, I mean, you can go with the old version. But that was the intent of adding that, was to make sure that when you’re making a decision, you’re making it upon the known facts that you have now, versus, you know, what would happen in the future, if that tax rate changed, would it need to be re-allocated in the future with an amendment to the ordinance or something. Any questions on that?

Councilmember Lloyd: So that provision would be so the tax rate – I mean, some future Council may raise that tax rate, but this pertains only to the current tax rate on Food & Beverage.

Jeff Ahlers: Yeah, it’s basically saying that, as it allocates within the ordinance, you know, how much comes to the County for the payment on the bond to the Centre, and how much of the excess goes to the city, that that’s based upon the statute that was in effect July 1, 2009. Now, one could argue that, you know, because all this is subject to a statute, that all is subject to change by the General Assembly, but it was just a point of clarification in that regard.

President Shetler: Any other questions? Comments? And this will satisfy our indebtedness that we have on the Centre and get that completed by the year, what, 2016, I think is, we’re obligated to that point or something. And the county’s monies are secured and that’s first on this ordinance as we understand it?

Jeff Ahlers: Correct. What happens is that, from the first day of the month following passage, which you’ll have to determine whether you’re going to do this in two readings like a normal ordinance, you know, vote this month and then next month, or whether you’re going to do it all in one reading. At any rate, it takes effect the first day of the month following passage. And what occurs at that point is, the county keeps in its Centre operating fund, the current balance that has accumulated and can use that for operation, repairs and remodeling of the Centre. But from the point forward of its effective date, the amount that comes in off the taxes first is used to pay the on-going bond payment obligations upon the Centre, and then anything over that amount every month would go toward the city on the arena project, toward their bond.

President Shetler: Alright, thank you.

Councilmember Kiefer: I’ll make a motion that we approve Ordinance No. CO. 08-09-014.

President Shetler: Do we need a special motion to do this today if it’s by unanimous or – yeah?

Jeff Ahlers: If you want to pass it in one reading, you need to have a motion saying that, and all of the members would have to vote unanimously to consent to consider this ordinance at the same meeting in which it is introduced, which is today. And if that passes unanimously, then you may vote on the ordinance and pass it.

Councilmember Kiefer: I’ll amend my motion to, as you had stated –

Jeff Ahlers: Well, what you could do is just, I guess, withdraw your motion, make a motion if you want to do this first, --

Councilmember Kiefer: Yeah, I’ll withdraw my motion and then I’ll make a motion to, as you had stated, make this one vote if it passes unanimously, and to bypass the other reading.

President Shetler: Alright, we have a motion on the floor, do we have a second?

Councilman Sutton: Second.

President Shetler: Second by Councilman Sutton. Any questions? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

(Motion unanimously approved 7-0)

President Shetler: Now we need a motion to adopt the ordinance itself, then.

Jeff Ahlers: Correct.

Councilmember Kiefer: I’ll make a motion to adopt the ordinance CO. 08-09-014.

Councilman Sutton: I’ll second that motion.

President Shetler: It’s been moved and seconded, then, and that’s for all readings.

Councilmember Kiefer: That’s correct.

Jeff Ahlers: You can go ahead and vote now or have discussion.

President Shetler: Roll call, please. Or, I’m sorry, questions.

Councilmember Lloyd: A couple of comments. All we’re voting on here is the Food & Beverage Tax redirection. Part of the reasoning for this, this tax is authorized by the Indiana Legislature and this tax was scheduled to run out in 2010, I believe. We were able to work with the legislature and the mayor to extend it, and part of the reasoning on the extension was the county has no capital projects scheduled beyond paying off the bonds for the Centre, which is 2015 or 2016. Then the revenue stream, the Food & Beverage Tax, which, by law, has to go to capital projects would be redirected towards the new arena that the city wants to finance. I can attest, when I was mayor, that Roberts Stadium is at the end of its useful life and something does need to be done, so this is the decision that was made by the citizens committee and the mayor to locate the new arena downtown. I’ve done an analysis on the city arena financing and I think it is tight. So for such a large project, I think it’s important. You’re going to float 124 million in bonds that I think the project managers really need to watch the project to try to avoid cost overruns. So, I mean, I’d like to make those points before we vote.

President Shetler: Yes, Councilman Kiefer?

Councilmember Kiefer: I just want to clarify that the motion was for the amended ordinance that – or the latest version that Mr. Ahlers presented. I just wanted to make sure there was clarification that I included that amended change.

President Shetler: Okay, any other questions or comments? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 7-0)

President Shetler: I need to read into the minutes that at this meeting, it was introduced and all members present at the meeting on this date voted and gave their unanimous consent to consider Ordinance No. CO. 08-09-014, An Ordinance of the Vanderburgh County Council Amending the Code of Ordinance of Vanderburgh County Pertaining to the Food and Beverage Tax at the same meeting at which it was introduced, and thereupon voted seven in favor and zero against Ordinance No. CO. 08-09-014 as presented. In other words, it passed unanimously.

President Shetler: The next item on the agenda is the appropriation ordinance.

AUDITOR

Councilmember Raben: Okay, Mr. President, under County Auditor, 1020-2700 Office Supplies in the amount of $5,000, I’ll move approval.

Councilmember Bassemier: Second.

President Shetler: Questions? Comments? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

AUDITOR                                                               REQUESTED       APPROVED

(Motion unanimously approved 7-0)

JAIL

Councilmember Raben: Under Jail, 1051-2260 Food in the amount of $260,000, I’ll move approval.

Councilmember Lloyd: Second.

President Shetler: It’s been moved and seconded. Any questions? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

JAIL                                                                       REQUESTED       APPROVED

(Motion unanimously approved 7-0)

BURDETTE PARK

Councilmember Raben: Burdette Park, 1450-1180-1450 and 1450-1900, Other Employees and FICA for a total of $86,120, I’ll move approval.

Councilman Sutton: Second.

President Shetler: Its been moved and seconded. Questions? Roll call, please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

BURDETTE PARK                                                 REQUESTED       APPROVED

(Motion unanimously approved 7-0)

TOURISM CAPITAL IMPROVEMENT

Councilmember Raben: Okay, Tourism Capital Improvement, 3600-4111 in the amount of $148,900, I’ll move approval.

Councilmember Bassemier: Second.

President Shetler: It’s been moved and seconded. Do we have any questions? Ms. Fowler is here to answer any questions if anybody has any.

Councilmember Lloyd: Just, do we have any other updates to give on the project?

Marilee Fowler: I’m Marilee Fowler with the Evansville Convention & Visitors Bureau. Actually, we have good news. From the time that we submitted this to get on your agenda, we actually opened the bids and they’re $9,000 less, so the actual figure is $139,058.50, so we think that’s very good news.

Councilmember Bassemier: Marilee, what was that figure again?

Marilee Fowler: $139,058.50.

Councilmember Raben: Okay, I can amend my motion to approve $139,059.

Councilmember Bassemier: I’ll amend my motion and second $139,058?

Marilee Fowler: 059. You’re giving me an extra fifty cents. I’ll spend it wisely.

Councilmember Bassemier: I’ll second.

President Shetler: Okay, we have a motion and a second. Any further questions or comments? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

TOURISM CAPITAL IMPROVEMENT                  REQUESTED       APPROVED

(Motion unanimously approved 7-0)

AREA PLAN                                                LEGAL AID

LOCAL ROADS & STREETS                      LOCAL EMERGENCY PLAN COMM.

LEGAL AID/UNITED WAY

Councilmember Raben: Under Transfers, Mr. President, I’m going to move that we approve all transfers as listed.

President Shetler: Do I have a second?

Councilmember Lloyd: Second.

President Shetler: We have a second. Questions or comments? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

AREA PLAN                                                          REQUESTED       APPROVED

LEGAL AID                                                            REQUESTED       APPROVED

LOCAL ROADS & STREETS                                REQUESTED       APPROVED

LOCAL EMERGENCY PLAN COMMISSION       REQUESTED       APPROVED

LEGAL AID/UNITED WAY                                    REQUESTED       APPROVED

(Motion unanimously approved 7-0)

Councilmember Raben: Okay, and last under Amendments to the Salary Ordinance, I’ll move that we amend salary line 1450-1180 Other Employees as previously approved. Under Legal Aid/United Way, that we amend salary line 1460-1970 and line 4290-1970 Temporary Replacement as previously adopted. I’d like to make that in the form of a motion.

Councilman Sutton: Second.

President Shetler: We have a motion and a second. Questions? Roll call please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes. There being seven ayes and no nays, the motion carries.

(Motion unanimously approved 7-0)

President Shetler: Underneath, kind of old business here, I do want to remind everybody that budget sessions are beginning August the 18^th and 19^th, and they will start at 9:00 in the morning. We do have a special meeting with regards to the Homestead Credit of ‘09 and that was set up for the 18^th at 8:45 in the same room, so that we can do that prior to. Yes, Mike?

Councilmember Goebel: I don’t know if it’s a good time to discuss it, but, Mr. Fluty, the latest news from the state, you sent a memo out, how will that impact us?

Bill Fluty: The email I sent out the other day?

Councilmember Goebel: Yes.

Bill Fluty: That’s a calculation of the Homestead Credit. It’s been previously reported in the media, it is 5.1, but because of the supplemental homestead and how it interacts with the calculation of tax bills, it actually comes to 3.3.

Councilmember Goebel: So that’s good news to us sitting here.

Bill Fluty: Yes, but it’s less credit to the taxpayer.

Councilmember Goebel: Thank you.

President Shetler: Does it mean that the taxpayers actually received part of that credit from that 35% supplemental, did they already receive a part of that credit earlier or –

Bill Fluty: No.

President Shetler: Where did that supplemental come in to it?

Bill Fluty: The supplemental was enacted by the General Assembly. That is a deduction, not a credit, similar to your homestead deduction.

President Shetler: Without it, the taxes would have been higher?

Bill Fluty: That’s correct.

President Shetler: Right, so if they have –

Bill Fluty: Two different things, though.

President Shetler: Yeah, so in effect, they did kind of receive that.

Bill Fluty: The supplemental is independent from the local homestead credit. Two different things.

President Shetler: Right. Okay.

Councilmember Lloyd: On the homestead, so the tax base was slightly lower, is why that figure came out lower, the 3.3 million versus the 5.1?

Bill Fluty: Of course, figuring the tax bills is just a little bit complicated to get to that number, but there is a lot of things that go into that factor. But number one would be that the supplemental wasn’t in effect for 2008, but is in effect for 2009.

Councilmember Lloyd: Okay. And as the county part of the local Income Tax Council, we have 29% of the say, but the taxpayer is still getting the full eight percent, which is the good news, and technically, it’s a wash for them. They’re getting maybe more state credit than they thought, maybe less local credit, but they’re still getting the full eight percent that’s been enacted in the city and county since 1992, I believe. So, I mean, I think that’s good news. The figure is just slightly lower.

Bill Fluty: I wouldn’t say it’s a wash because it’s actually, the credit amount is lower this year than it was last year.

Councilmember Lloyd: Okay, but I mean it was – we calculated for the eight percent, but it came in lower, is what you’re saying?

Bill Fluty: Repeat that.

Councilmember Lloyd: Well, the motion that was passed was for the eight percent local homestead credit. The motion that was passed by both the Councils.

Bill Fluty: Eight percent doesn’t calculate to the same amount of money that it did the previous year.

Councilmember Lloyd: Right, but that was the intent of the local Councils, it just happens that because of that supplemental, that the dollar amount is lower.

Bill Fluty: That’s correct, but two different things here. But just be clear that your eight percent doesn’t amount to the same credit that they received from one year to the next. It’s less for this year because of the supplemental.

Councilmember Lloyd: Based on many factors, that number is always going to be different.

Bill Fluty: It changes yearly.

President Shetler: Okay, any other questions or comments? Motion for adjournment would be in order.

Councilmember Lloyd: One item of new business. I couldn’t get a full answer out of Councilman Raben, tentatively, we are going to have a Personnel Committee Job Study meeting August 20^th, at 9:00 a.m., so that would be Thursday, August 20^th at 9:00 a.m., unless something changes. So we’ll let everybody know that’s on the Job Study committee.

President Shetler: Okay, anything else? Motion would be in order for adjournment.

Councilman Sutton: So moved.

Councilmember Lloyd: Second.

President Shetler: And seconded. Thank you very much.

(There being no further business to come before the Council, the meeting was adjourned at 8:54 a.m.)

VANDERBURGH COUNTY COUNCIL

                                                                                                                                             
President Tom Shetler, Jr.              Vice President Joe Kiefer

                                                                                                                                        
Councilmember Russell Lloyd, Jr.   Councilmember Ed Bassemier

Councilmember Royce Sutton

Recorded and transcribed by Teri Lukeman.