VANDERBURGH COUNTY COUNCIL

MINUTES

FEBRUARY 5, 2003

The Vanderburgh County Council met in session this 5^th day of February, 2003 in room 301 of the Civic Center Complex. The meeting was called to order at 3:31 p.m. by County Council President Jim Raben.

President Raben: Good afternoon and welcome to the February 5^th, 2003 Vanderburgh County Council meeting. Sheriff, would you open the meeting please?

(Meeting opened by Sheriff Brad Ellsworth)

President Raben: Thank you. Madam Secretary, attendance roll call please.

(*Arrived shortly after roll call)

President Raben: Let’s all stand for the Pledge of Allegiance.

(Pledge of Allegiance was given)

President Raben: Okay, thank you. I would now entertain a motion for approval of minutes from the January 8^th, 2003 meeting.

Councilmember Wortman: So moved.

President Raben: We have a motion and is there a second?

Councilmember Winnecke: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote please.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

(Motion unanimously approved 7-0)

President Raben: Now we’ll move to the appropriations and I’ll turn the mic over to Councilman Winnecke.

PUBLIC DEFENDERS OFFICE

Councilmember Winnecke: Okay, we’ll begin with the Public Defenders Office line item 1303-4120 in the amount of $17,436. I’ll move approval.

Councilmember Hoy: Second.

President Raben: We have a motion and a second. Any discussion?

Councilmember Hoy: Mr. President, I did make my call to the Building Authority and this is not the kind of expense they cover so it’s good that we go ahead.

President Raben: I appreciate you at least making the attempt to get this part picked up and I might mention that we are reimbursed 40% of this cost so it’s not quite as bad as it seems to be. Are there any other questions? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

PUBLIC DEFENDERS OFFICE                              REQUESTED     APPROVED

(Motion unanimously approved 7-0)

CIRCUIT COURT

Councilmember Winnecke: Okay, Mr. President, line item 1360, this is Circuit Court, 1360-4220 in the amount of $10,000, I’ll move approval.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

CIRCUIT COURT                                                    REQUESTED APPROVED

(Motion unanimously approved 7-0)

COMMUNITY CORRECTIONS

Councilmember Winnecke: Okay, Community Corrections line item 1361-1270-1361 in the amount of $1,500, I’ll move approval.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

COMMUNITY CORRECTIONS                               REQUESTED     APPROVED

(Motion unanimously approved 7-0)

SUPERIOR COURT

Councilmember Winnecke: Okay, Superior Court, line item 1370-1330-1370 in the amount of $1,305, line item 1370-1900 FICA in the amount of $100, line item 1370-1910 PERF in the amount of $69, for a total appropriation of $1,474, I’ll move approval.

Councilmember Wortman: Second.

President Raben: Okay, we have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

SUPERIOR COURT                                                REQUESTED     APPROVED

(Motion unanimously approved 7-0)

CCD/COMMISSIONERS

Councilmember Winnecke: Okay, Commissioners/CCD, line item 2031-1300-4121 in the amount of $301,000, I’ll move approval.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

COMMISSIONERS                                                 REQUESTED     APPROVED

(Motion unanimously approved 7-0)

REASSESSMENT/AUDITOR

Councilmember Winnecke: Okay, Reassessment appropriation requests, first for the Auditor’s Office, line item 2492-1020-1990 Extra Help in the amount of $10,000; line item 2492-1020-1300 Regular Overtime in the amount of $5,000; line item 2492-1020-1900 FICA in the amount of $1,148; and line item 2492-1020-1910 PERF in the amount of $263, for a total appropriation of $16,411. I’ll move approval.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any further discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

AUDITOR                                                                REQUESTED     APPROVED

(Motion unanimously approved 7-0)

REASSESSMENT/COUNTY ASSESSOR (TWO REQUESTS)

Councilmember Winnecke: Okay, Assessor, line item 2492-1090-1960 Special Stipend zero; line item 2492-1090-1900 FICA zero; line item 2492-1090-1910 PERF zero, for a zero appropriation. I’ll move approval.

Councilmember Wortman: Second.

President Raben: There is a second item. Would you like to add those or take those separate?

Councilmember Winnecke: Sure, yes. I can do them together.

President Raben: You might amend your motion then.

Councilmember Winnecke: Okay, I’ll amend the motion to include the following if Mr. Wortman wants to...?

Councilmember Wortman: Yes.

Councilmember Winnecke: To include 2492-1090-1310 Hearing Officer zero; 2492-1090-1960 Special Stipend zero; line item 2492-1090-1900 FICA zero; line item 2492-1090-1910 PERF zero; and line item 2492-1090-1920 Insurance zero, for a zero appropriation. I’ll move approval.

Councilmember Wortman: Second.

President Raben: Okay, we have a motion and a second. Any discussion? Hearing none – you do?

Councilmember Bassemier: Lloyd, what’s your reason for putting it in at zero?

Councilmember Winnecke: On the Special Stipend, we’ll begin there, I believe or at least I believe I made my position clear at our meeting last month. I feel that when that work is further down the road, I think it’s probably a more appropriate time to consider. And on the Hearing Officer, we don’t have the great appeals yet. If at some point the great appeals turn out, I think then that it’s probably appropriate to come back and consider it, but to put the money in place now, I just don’t see the necessity for it.

Councilmember Bassemier: Cheryl, do you want to come to the floor?

President Raben: I was going to add one thing, that the first request, the $22,307 was withdrawn last week.

Councilmember Bassemier: Okay.

Cheryl Musgrave: Oh, that $8,000 was not withdrawn last week. What was withdrawn was the stipends – this is Cheryl Musgrave, County Assessor – was the stipends for the Chief Deputies for the townships that did not receive their stipend. The $8,000 is for me and for my Chief Deputy and we are within a few days of completing our work. So if you’re looking for us to get further down the road, we’re pretty much at the exit point.

Councilmember Bassemier: So should that motion be changed?

Cheryl Musgrave: And also with the overtime for my employees, one of them has now accumulated around 200 hours of overtime and I have told him that if the Council did not see fit to pay him overtime, that I wouldn’t ask him to work anymore overtime. He was scheduled to do the pricing this weekend, about 25 hours worth of work and I’ve informed Mr. Fluty of this, and it will set, I’m afraid, Mr. Fluty, our ability to give you that data back several days. I will instruct my employees not to work, any of them, anymore overtime. Whether I get a thousand or ten thousand appeals, Mr. Barter can’t handle them without overtime. So even if you disagree with me about the overtime that, you know, I mean, the number of appeals, it just simply means we will not be able to handle the work. When I came up here a couple of months ago, maybe four, to ask for the contract money to buy time from Nexus, you indicated to me at that time that you would have preferred that I do the work myself and so I thought that that’s what you wanted me to do with the next opportunity for that sort of thing to come along. Now you’re telling me that you don’t want me to hire another member of my staff. What I’ll have to do then is come back and ask for contract money to bring in a contractor to help hear these appeals. The work exists – I don’t create it. It lands on our desks, it has to be processed. I’d like to know from you how you want me to approach it.

President Raben: I have one quick question. Ed, are you finished?

Councilmember Bassemier: Okay.

President Raben: The overtime that you’re referring to for the employees, is that a Chief Deputy or is that –

Cheryl Musgrave: They are a PAT IV and PAT V, is that correct? Those are the same level as the Chief Deputies in the townships. They cannot be paid overtime on your classification system. The only way you can pay them for the hundreds of hours that they have worked is to put it in that stipend line item.

President Raben: Okay. I would entertain at some point looking at that, but if you recall, and to be consistent with what we did with the outlying township offices, we didn’t pay any Special Stipends in lieu of their overtime or pay the Assessors anything until they had completed their work. So –

Cheryl Musgrave: We are within a few days of that, Mr. Raben.

President Raben: Okay, but again, you know, let’s be consistent with what we have done for the other townships.

Cheryl Musgrave: We are at the same point in our work that the townships were in their work when you appropriated theirs.

Councilmember Tornatta: I think those overtime expenses were sent to the County Council office in December. Did you send those in?

Councilmember Winnecke: I think they were for the townships, I don’t know that there was a request made of the County Assessor – just to the township assessors.

Councilmember Tornatta: How would we know?

Councilmember Winnecke: Sandie sent the request.

President Raben: I guess in fairness to the County Assessor, though, her work did not begin until after December.

Cheryl Musgrave: Well, we were working for several months in advance of that. We were doing a whole lot of things in advance, so it would not be fair to say it didn’t begin until December. It just got more intense and it has heated up in its intensity these last couple of weeks very much so. Its been a fun couple of weeks, hasn’t it, Mr. Fluty?

Councilmember Tornatta: But that’s part of your job.

Cheryl Musgrave: Yes, it is. And the stipend is part of the pay, it always has been.

Councilmember Tornatta: It has and it hasn’t been. It has been at some times and it hasn’t been at other times.

Cheryl Musgrave: In every reassessment the County Assessor has been paid the stipend along with the township assessors.

Councilmember Tornatta: To have people come in and do their job for them?

Cheryl Musgrave: There has never been a requirement for any other County Assessor to do equalization. This is a brand new requirement and this requirement requires an outside look at the assessments. I cannot actually do it myself and follow the law. I have to bring in an outside person to look at it.

Councilmember Tornatta: If you read the law, you would find out that you could have worked with somebody that you have on board right now, but you didn’t want to do that because you have no communication with that outfit. So that was your decision, not ours.

Cheryl Musgrave: Let the record show that Mr. Tornatta and I have a difference of opinion about what the law says.

President Raben: We have a motion on the floor and a second. Any further discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: No.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: I have mixed feelings about this. Parts of it I’d like to see left in, parts not. I’m going to vote no.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

COUNTY ASSESSOR                                            REQUESTED     APPROVED

COUNTY ASSESSOR                                            REQUESTED     APPROVED

(Motion carried 5-2/Councilmembers Bassemier & Hoy opposed)

REASSESSMENT/CENTER ASSESSOR

President Raben: Center Assessor.

Councilmember Winnecke: Okay, line item 2492-1110-1900 FICA in the amount of $2,295, that’s $2,295; line item 2492-1110-1990 Extra Help $30,000; and line item 2492-1110-2600 Office Supplies $1,000, for a total appropriation of $33,295, that’s $33,295, and I’ll make that in the form of a motion.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

CENTER ASSESSOR                                             REQUESTED     APPROVED

(Motion unanimously approved 7-0)

REASSESSMENT/GERMAN ASSESSOR

Councilmember Winnecke: Okay, Mr. President, German Assessor, line item 2492-1120-1960 Special Stipend $829; line item 2492-1120-1900 FICA $73; and line item 2492-1120-1910 PERF in the amount of $50, for a total appropriation of $952, I’ll make that in the form of a motion.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

GERMAN ASSESSOR                                           REQUESTED     APPROVED

(Motion unanimously approved 7-0)

REASSESSMENT/PIGEON ASSESSOR

Councilmember Winnecke: Okay, Pigeon Assessor, line item 2492-1150-1990 Extra Help in the amount of $23,500; line item 2492-1150-1900 FICA in the amount of $1,298; and line item 2492-1150-3410 Printing in the amount of $4,000, for a total appropriation of $28,798. I’ll make that in the form of a motion.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any further discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

PIGEON ASSESSOR                                             REQUESTED     APPROVED

(Motion unanimously approved 7-0)

CIRCUIT COURT SUPPLEMENTAL ADULT PROBATION

Councilmember Winnecke: Okay, Circuit Court Supplemental Adult Probation, line item 2600-1350-2600 Probation Counselor in the amount of $5,413 and line item 2600-1930 Unemployment in the amount of $6,000, for a total appropriation of $11,413. I’ll make that in the form of a motion.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

CIR. CT. SUPP. ADULT PROBATION                   REQUESTED     APPROVED

(Motion unanimously approved 7-0)

SUPERIOR COURT SUPPLEMENTAL ADULT PROBATION

Councilmember Winnecke: Superior Court Supplemental Adult Probation line item 2620-1240-2620 in the amount of $2,090; line item 2620-1250-2620 in the amount of $2,090; line item 2620-1260-2620 in the amount of $2,090; line item 2620-1900-2620 FICA in the amount of $480; and line item 2620-1910-2620 PERF in the amount of $330, for a total appropriation of $7,080. I’ll make that in the form of a motion.

Councilmember Wortman: Second.

President Raben: We have a motion and a second. Any discussion? Hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

SUPERIOR COURT SUPP. ADULT PROBATION REQUESTED     APPROVED

(Motion unanimously approved 7-0)

COUNTY CLERK

PROSECUTOR

SUPERIOR COURT

COUNTY HIGHWAY (LATE)

Councilmember Winnecke: Okay, transfers, I will move, unless anyone has any objections, to approve the transfers as presented and that does include just for everyone’s notification, line item 1480-3460 Consultant $3,500 to a new line item 1480-3530 Contractual Services in the amount of $3,500, so that the money for the additional piece of environmental testing the Commissioners approved on Monday can proceed and that money would be available tomorrow, so they can proceed as quickly as possible. And I move all – maybe I already said this and I’m repeating myself, just move that the transfers be accepted as presented – as offered.

Councilmember Wortman: Second.

Councilmember Bassemier: Can you take that one separately – that Consultant, 3,500?

Councilmember Tornatta: Which one?

Councilmember Winnecke: Okay, I would amend my motion to exclude the County Council transfer.

Councilmember Bassemier: I’m not against paying the $3,500 but, I mean, for having it done, but I don’t think we ought to pay for it. We’ve already given them $36,170,000 and you’re saying we’re going to give them – they’re going to transfer that? So take it separately and I’ll –

President Raben: While you’re amending motions, I apologize for this, but I would also like to separate the transfer for the Commissioners for Bond & Insurance pending information on that. So if you would also –

Councilmember Winnecke: I will amend my motion to exclude the County Commissioners and the County Council –

Councilmember Tornatta: Late transfers.

Councilmember Winnecke: Late transfers, thank you.

Councilmember Wortman: And I’ll amend my motion to coincide with it.

President Raben: Alright.

Councilmember Winnecke: So actually, that just means we have one transfer –

President Raben: County Clerk, Prosecutor and Superior Court –

Councilmember Sutton: And County Highway.

President Raben: And County Highway. Are there any other questions discussion, requests for amendments? Okay, hearing none, roll call vote.

Teri Lukeman: Councilmember Tornatta?

Councilmember Tornatta: Yes.

Teri Lukeman: Councilmember Sutton?

Councilmember Sutton: Yes.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Hoy?

Councilmember Hoy: Yes.

Teri Lukeman: Councilmember Winnecke?

Councilmember Winnecke: Yes.

Teri Lukeman: Councilmember Wortman?

Councilmember Wortman: Yes.

Teri Lukeman: President Raben?

President Raben: Yes.

COUNTY CLERK                                                    REQUESTED     APPROVED

PROSECUTOR                                                       REQUESTED     APPROVED

SUPERIOR COURT                                                REQUESTED     APPROVED

COUNTY HIGHWAY                                               REQUESTED     APPROVED

(Motion unanimously approved 7-0)

COUNTY COMMISSIONERS (LATE)

Councilmember Winnecke: Okay, we’ll try it again, take two. I will move that the County Commissioners transfer from line item 1300-3100 all the way through to the Bond & Insurance for $130,123.27 be approved. I’ll make that in the form of a motion.

Councilmember Tornatta: Second.

President Raben: Okay, Mr. President -- I sat in that seat for so many years, it’s hard to – okay, let me explain the problem I do have with this. I guess I would like a little better understanding as to why the Bond & Insurance has escalated, why its gone up as much as it has this year, and everyone needs to bear in mind that while it may be a simple transfer today, they are going to come back for this $130,000 to go back into those lines. So this is clarification that I would liked to have gotten last year, but due to the fact that –