VANDERBURGH COUNTY COUNCIL

SPECIAL MEETING

DECEMBER 17, 2008

The Vanderburgh County Council met for a special meeting this 17th day of December in room 301 of the Civic Center Complex. The meeting was called to order at 8:39 a.m. by Council President Marsha Abell.

President Abell: I’ll call to order the December 17^th, 2008 special meeting of the Vanderburgh County Council. Attendance roll call please.

President Abell: Councilman Leader, would you lead us in the Pledge of Allegiance?

(Pledge of Allegiance was given)

President Abell: I’ll turn the meeting over our to Finance Chairman, Mr. Raben.

SHERIFF                                                      JAIL

SUPERIOR COURT                                     COUNTY COUNCIL

HEALTH DEPARTMENT                             PIGEON/REASSESSMENT

Councilmember Raben: Okay, thank you. Good morning. First on the agenda is the Sheriff and Jail transfer requests. We also have Superior Court, County Council, Health Department, Pigeon Reassessment, and I think that’s all for the transfers. Does anyone have any questions on any of these? Do we want to take them individually or one lump?

Councilmember Leader: As one, please.

Councilmember Raben: Okay, with that being said, Madam President, I’ll move that we approve all transfers as listed.

Councilmember Leader: Second.

President Abell: Roll call vote please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Leader?

Councilmember Leader: Yes.

Teri Lukeman: Councilmember Shetler?

Councilmember Shetler: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: President Abell?

President Abell: Yes.

SHERIFF                                                                REQUESTED       APPROVED

JAIL                                                                       REQUESTED       APPROVED

SUPERIOR COURT                                               REQUESTED       APPROVED

COUNTY COUNCIL                                               REQUESTED       APPROVED

HEALTH DEPARTMENT                                       REQUESTED       APPROVED

REASSESSMENT/PIGEON TWP ASSESSOR     REQUESTED       APPROVED

(Motion unanimously approved 7-0)

Councilmember Raben: Okay, I’m going to come back to the amendments to the salary ordinance. There was an error on one of the items, so I’ll come back to that. Next, well, you actually handle old business, but as everyone recalls, we need –

President Abell: Since it’s finance, you can go ahead and do it.

Councilmember Raben: – to approve several of the other budgets that we now have oversight on, so, Madam President, if it’s okay, I’d like to make a motion that we, per IC 6-1.1-17-3.5 mandates that civil taxing units that will impose property taxes due and payable in 2009 file their budgets with the fiscal body for review, comparison and recommendations on proposed estimated taxes, levies and proposed budgets and further requires the Council to adopt a taxing unit budget having an appointed board that increases by more than the average growth quotient or issue a nonbinding recommendation for units that the budgets are less than the average growth quotient, budgets from taxing units with elected boards are also subject to review by the County Council and a nonbinding recommendation to the taxing unit. Pursuant to IC 6-1.1-17-3.5, I move that we adopt their budget for the Evansville Levee Authority and recommend approval of the Vanderburgh County Solid Waste Management, Evansville-Vanderburgh County Public Library budget units, I would also move that we recommend approval for the elected board taxing units budgets which include Vanderburgh, Armstrong Trustee, Center Trustee, German Trustee, Perry Trustee, Knight Trustee, Pigeon Trustee, Scott Trustee, Union Trustee, Evansville Civil City, and Darmstadt Civil Town. And I would ask that the Auditor forward notice of this Council’s action to the Department of Local Government Finance for their final review. I make that in the form of a motion.

President Abell: Do I hear a second?

Councilmember Sutton: Second.

President Abell: Does anyone have any questions or comments? Roll call vote please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Leader?

Councilmember Leader: Yes.

Teri Lukeman: Councilmember Shetler?

Councilmember Shetler: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: President Abell?

President Abell: Yes.

(Motion unanimously approved 7-0)

Councilmember Raben: Okay, now we’ll go back to the Amendments to the Salary Ordinance and Sarah, our administrative assistant is going to pass all these out. Okay, Madam President, there are quite a few here. Do you want me to read these for the record or just ask that these be entered in and made part of the minutes?

Councilmember Leader: I suggest we enter them into the record, there are so many.

President Abell: That’s fine with me.

Councilmember Raben: Well, with that being said, I move that we approve the amendments to the salary ordinance and ask that they be made as part of the record.

President Abell: Do I have a second?

Councilmember Leader: Second.

President Abell: Questions or comments? Roll call vote.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Leader?

Councilmember Leader: Yes.

Teri Lukeman: Councilmember Shetler?

Councilmember Shetler: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: President Abell?

President Abell: Yes.

(Motion unanimously approved 7-0)

President Abell: Thank you, Mr. Raben. These are public record and will be placed on file if anyone wants to look at them.

President Abell: Additional business, under old business, the BKD contract. I sent an email to everyone telling you what their contract is now. You’ve got a copy of their proposal, which I think is about a three percent increase. Just a little bit of background. When we renewed this contract with them, it was a substantial increase in one year and I discussed with them the possibility of making their increase a little bit less every year so that at the time that the contract is up for renewal, it wouldn’t be such a big hit. I don’t know if we want to go up to the three percent: I don’t know where any of you stand on it. I hope you’ve looked at it and I’d like to have a little discussion on it before we vote on it. I guess first I need a motion to accept it and a second to get it to the floor so we can discuss it.

Councilmember Shetler: So moved.

President Abell: Do I hear a second?

Councilmember Winnecke: Second.

President Abell: Now, we need some discussion, if you’ve looked at it.

Councilmember Leader: President Abell, have we discussed – in my absence you may have discussed this and I’m not aware of it – an incremental increase rather than a flat immediate three percent, isn’t it?

President Abell: I think it works out to three percent. Did anyone figure –

Councilmember Leader: Has anybody given that any thought, an incremental increase over time rather than –

President Abell: Did you look at it, Mr. Ahlers?

Jeff Ahlers: I didn’t compare it to last year’s in terms of numbers, but my understanding I think as to whenever the contract was redone last year and the language that’s in there if you’ll see on page two, is what it says is that they’re wanting to adjust it annually by the same percentage or amount of raise given county employees so that would be two and a half percent. Now whether the numbers that they have up there – I don’t know whether someone compared them to last year to see if it equals two and a half percent, but that’s in the body of it. It says that the spirit of it is that they would want it to be adjusted as salaries are increased.

President Abell: Does that make sense to everyone?

Councilmember Leader: Not particularly.

President Abell: Okay.

Councilmember Leader: Because it’s not – I mean, Jeff you said relative to the wage increases given the county employees, am I correct?

Jeff Ahlers: Yeah, these two at the bottom, where it says in two sentences: the period covered by this agreement is for the period of November 1, 2008 through October 31, 2009. In subsequent periods, it is anticipated the above rates will be adjusted annually by the same percentage or amount of raise given county employees, unquote. Now, the numbers that are right above that, I don’t know whether someone compared that to, I assume that’s what they’re doing here, but I don’t know if anybody compared it to the –

President Abell: I think they did those numbers at three because they did them before...well, this Council took a zero percent increase, so it’s kind of arbitrary.

Councilmember Leader: Well, I don’t see that it necessarily totally equates to wage increases, I guess that’s where I am. Does it? I mean, there are administrative costs in there and all different kinds of things, am I correct?

Jeff Ahlers: Well, I mean, you’re free to do whatever you want or negotiate what you want with them. I’m just saying that the spirit, I think, that the contract that they’ve given us is not really a contract. The letter setting forth what their agreement is, is similar or the same as what you passed a year ago and it had that clause in it. So, you know, I’m assuming that those numbers, what they’ve done is just adjust those accordingly, and that they’re saying that that’s the spirit of what they want to do, but it’s obviously up to you guys –

Councilmember Leader: I’d like to defer to Mr. Raben.

Jeff Ahlers: – and you’re free to negotiate whatever you want.

Councilmember Raben: Thanks. You know, I’m kind of torn on this one as well. You know, each year is a little different. I mean, one year we might have four – as an example, four job study meetings, the next year we have one. And a lot of it has to do with their workload or their caseload as far as how many job reviews or reclassifications and whatnot that we have, that, you know, it’s tough. I’m trying to figure out how I feel about it, quite frankly. So I turn the question to some of the others.

President Abell: Mr. Goebel?

Councilmember Goebel: President Abell, when you sent the email out with this, basically, is there a provision that actually the price or their contract amount could go down if in light of what Mr. Raben said, their duties or requirements from BKD are less than anticipated or is this an automatic increase yearly?

President Abell: Well, I think the only thing that’s actually stationary is the monthly fee. The others are done by if we don’t have them do any job – they don’t review any jobs in the year, they don’t get paid for reviewing any. So I think the only thing that’s really stationary is their monthly fee.

Councilmember Goebel: And that would go up, what percentage are we asking –

President Abell: Well, I think it is a three percent. I think at some point, I think I figured it up and it was three.

Councilmember Goebel: Okay.

President Abell: How does Council feel about 1.5? Mr. Sutton, you’re looking like you’re –

Councilmember Sutton: I guess when we’re talking about a contractual situation, you obviously want to spell out the terms so that both parties have a clear understanding about what each side is going to get. But when you start talking about the increases or whatever multiplier effects that you might apply into that contract on that annualized basis, applying what we do on the personnel side as opposed to contracts, I think those are two different things. Really, I don’t think you can really apply one to the other. We have a number of different contracts that we have with a variety of vendors throughout with county business and county services, and we don’t apply this same principle with any of those contracts that I’m aware of, with the exception maybe a union contract, we may apply it in some of their direct personnel related costs. I think we’d be probably more prudent to maybe look at something like the CPI, Consumer Price Index, to use as a way to adjust whether we should make adjustments one way or the other. And as we know this year, the consumer price index is going back the other way and not going upwards. So I think just in relation to the way the county does business and what resources that we have available, we don’t know what we’re going to have from year to year. I think that would be the more prudent way to go about doing it, is base it on the CPI.

Councilmember Shetler: I’ll second that.

President Abell: Did you put that in the form of a motion?

Councilmember Sutton: It was just discussion –

President Abell: Well, I heard Mr. Shetler say second and –

Councilmember Sutton: When we get to that point, I’d be happy to do that.

Councilmember Shetler: Ditto, then.

President Abell: Then we could have it at zero this year and next year, take a look at it again, is that what you think would be...?

Councilmember Sutton: I would think this year, yes, remain the same and then appropriately apply the index. I think that’s just the more fair way from both sides.

President Abell: Mr. Shetler, did you have something?

Councilmember Shetler: I agree. I think just basically what you’re suggesting is just supplement instead of adding in there the wage increases on what we do here, is put in CPI. And this is contractual, you know, with a lot of our agreements that we have, you know, we’ve had that involved with, I believe, it’s probably with the IT people and stuff, and the Youth Care and stuff, so that’s pretty consistent.

President Abell: That’s a good suggestion. Ms. Leader?

Councilmember Leader: Well, I just wanted to comment. I think BKD has done a really admirable job, but facing the budget shortfalls we’re going to have in future years with the people we contract with, I think we have to have ample time to analyze if there is a deserved increase. And I think in this year, we can’t afford an increase. So I agree with Mr. Shetler and Mr. Sutton wholeheartedly.

President Abell: Mr. Sutton, would you like to put that in the form of a motion?

Councilmember Sutton: If we’re done with discussion, yes.

Councilmember Shetler: You’ve got something on the table.

President Abell: Oh, we had a motion on the table, that’s right, to accept the contract.

Jeff Ahlers: Just to clarify to see what you’re wanting to do. I don’t know that any of us have the current contract in front of us other than the proposed one, just so I understand, and you may want to clarify for the record, is that you’re just wanting to set it back in at the 2007 rate? I mean, that’s what you’re wanting to approve? I mean, I guess there’s already money in the line item, so, I mean, you can change this any time you want. This is just a contractual matter. But to make sure we understand what’s going on –

President Abell: I think it’s actually the –

Jeff Ahlers: You don’t need to specifically set the rates in or whether you’re saying you’re wanting to do 2007 or what you’re going to want to do –

President Abell: Didn’t we increase it in 2007 for 2008? So it actually is a pretty current amount, is that correct? Isn’t that what everyone remembers? We just renewed this agreement.

Councilmember Sutton: We’re saying the 2008 rate for 2009.

Jeff Ahlers: I meant 2008.

President Abell: Yeah, continue 2009 at the 2008 rate and then at budget hearing time in August, you can look at the change. Is that how everyone feels about it? Okay, Mr. Sutton, do you want to –

Councilmember Sutton: Now the motion that was on the floor –

President Abell: Oh yes.

Teri Lukeman: Mr. Shetler made the motion and then Mr. Raben seconded.

President Abell: Okay, I need Mr. Shetler to withdraw his motion and Mr. Raben to withdraw your second.

Councilmember Shetler: So done.

Councilmember Raben: So done.

President Abell: Now we’re ready for another motion.

Councilmember Sutton: Okay, my motion would be that we would continue the BKD contract for 2009 at the 2008 rate and then appropriate language would be inserted into the contract to adjust that any future increases or decreases be based upon the Consumer Price Index.

Councilmember Shetler: I’ll second.

President Abell: Do we need more discussion on that? Roll call vote please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Leader?

Councilmember Leader: Yes.

Teri Lukeman: Councilmember Shetler?

Councilmember Shetler: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: President Abell?

President Abell: Yes.

(Motion unanimously approved 7-0)

President Abell: Sarah, would you make note for the president that takes over in 2009 to write BKD a letter, possibly, Mr. Ahlers, you could draft it and come up with the wording so they’ll know what was decided here today?

Jeff Ahlers: Probably what we need to do is talk to Mr. Deisher, let him know what motion was passed because what they may want to do is, I don’t know whether they’ve got a similar engagement letter that they’ll want to modify. Do you know what I’m saying? Just put in the rates that you passed. And, I mean, of course, you’re going to have to, I guess, that assumes they’re, you know, it obviously takes their consent and agreement, as well. I mean, so –

President Abell: Would you like to make that phone call?

Jeff Ahlers: Yeah, that would be fine.

President Abell: Because we don’t have the president for next year and you could handle that.

Jeff Ahlers: Sure. Yeah. And then, you know, I assume what you’ll do is, is that, I mean, I guess they’ll present this on annual basis, so you can take it back up. I don’t know that it has to be automatically – right.

President Abell: I think that’s the thought, that they’ll present it on an annual basis.

President Abell: Okay, under new business, we have some end of year housekeeping to take care of. Under new business, the resolution to appeal for the property tax shortfall. I think all of you have that on your desk and this is in accordance with House Bill 1001. We will take this action every year. The amount is estimated over the actual number that will be determined after the collection figures are received from the Treasurer and our settlement is actually completed. This information is sent along to the Department of Local Government Finance before the end of the year. I need a motion for the resolution and a second, and we need to vote on this.

Councilmember Raben: So moved.

President Abell: All of you have this piece of paper? This is what we’re voting on? They don’t have that? Okay well, the property tax shortfall is estimated at 2,800,000.

Councilmember Raben: You might mention that this is something we do every year.

President Abell: Yeah, I said this is a housekeeping duty we take care of every year. Okay, now I need a motion – did I have...

Councilmember Leader: Do you have a motion?

President Abell: Mr. Fluty says no, they do not have it.

Bill Fluty: Yeah, I just had it passed out.

President Abell: Do you have enough for them or not? Sarah, you want to make some copies of that for them?

Bill Fluty: They’ll all have to sign it.

President Abell: All of you will have to sign it. Mr. Raben made the motion to accept and you know it’s 2,800,000 and your motion is fine with that? Okay.

Councilmember Leader: I’ll second.

President Abell: Do you have any questions or discussion? You’re looking, Mr. Sutton, did you have a question?

Councilmember Sutton: No, I’m fine.

President Abell: Okay, roll call vote please.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Leader?

Councilmember Leader: Yes.

Teri Lukeman: Councilmember Shetler?

Councilmember Shetler: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Raben?

Councilmember Raben: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: President Abell?

President Abell: Yes.

(Motion unanimously approved 7-0)

President Abell: You’ll all get copies of that. Before we adjourn, I would like for all of you to make note that you have a thank you note from Sandie Deig. We sent her a poinsettia. She’s been in the hospital and I think she’s expected to possibly go home today. So is there any other business that needs to come before this Council? We stand adjourned.

(There being no further business to come before the Council, the meeting was adjourned at 8:55 a.m.)

VANDERBURGH COUNTY COUNCIL

        President Marsha Abell*               Vice President Lloyd Winnecke*

       Councilmember Jim Raben           Councilmember Mike Goebel

        Councilmember Tom Shetler         Councilmember Royce Sutton

        Councilmember Donna Leader*

*Not in office when minutes approved.

Recorded and transcribed by Teri Lukeman.