VANDERBURGH COUNTY COUNCIL

MINUTES

JANUARY 2, 2009

The Vanderburgh County Council met in session this 2nd day of January in room 301 of the Civic Center Complex. The meeting was called to order at 1:06 p.m. by Vanderburgh County Auditor, Bill Fluty.

Bill Fluty: Welcome to the County Council 2009 meeting. Madam Secretary, may I have a roll call please?

*Councilmember Raben arrived after roll call taken.

Bill Fluty: Please join me in the Pledge of Allegiance.

(Pledge of Allegiance was given)

Bill Fluty: The first order of business today is to elect a president for 2009. May I have a motion please?

Councilmember Kiefer: I’d like to move that we elect Councilmember Tom Shetler to president.

Councilmember Lloyd: Second.

Bill Fluty: May we have a roll call?

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: Councilmember Shetler?

President Shetler: Since James isn’t here, I think maybe he lost. Maybe we should redo this. Yes.

(Motion unanimously approved 5-0)

Bill Fluty: Tom, I’ll turn it over to you. Congratulations.

President Shetler: Alright, thank you. The next order of business is the election of the Vice President. Do I hear any nominations?

Councilmember Lloyd: I’d like to nominate Joe Kiefer for Vice President.

President Shetler: Do I have a second?

Councilmember Bassemier: Second.

President Shetler: I’ve got a motion and a second. Roll call vote.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

President Shetler: There being five ayes and no nays, congratulations, Joe.

President Shetler: Next is the appointment of the County Attorney. Do I have a motion?

Councilmember Lloyd: I make a motion to appoint Jeff Ahlers of Kahn, Dees, Donovan and Kahn as County Council Attorney.

Councilmember Kiefer: I’ll second that.

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

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

President Shetler: Next is the appointment of the Committee Chairpersons: Per-sonnel Chairman and Finance Chairman. Do I have a motion for that?

Councilmember Kiefer: Do we do these separately, because I was going to move for Councilman Raben as Finance Chairman.

President Shetler: Yes, that would be – yeah, we could do them both in one motion.

Councilmember Kiefer: Okay.

President Shetler: So Mr. Raben for Finance Chairman and Personnel Chairman...?

Councilmember Kiefer: Russ, were you going to...okay, then Russ Lloyd as the Personnel Chairman.

Councilmember Lloyd: Second.

President Shetler: Roll call please.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

President Shetler: There being five ayes and no nays, motion carries. Next is the appropriation ordinance, and basically, we’re needing Jim for that. Is there anything that we can skip over to and perhaps he’ll be here in a short period of time?

President Shetler: Approval of minutes. Do I have a motion for approval of minutes?

Councilmember Kiefer: Move that we approve the minutes.

Councilmember Lloyd: Second.

President Shetler: Okay, that was – and that actually should be corrected to state December 3 and 17^th. So do I have a second to that motion, then?

Councilmember Lloyd: I second it.

President Shetler: Alright, roll call vote please.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

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

President Shetler: Next, we’ll go down to new business. Let’s see, appointment of the liaisons. Did everybody receive this, Sandie, or did you pass that out?

Sandie Deig: (Microphone not on)

President Shetler: There is one correction to make on that, and that is that Russ Lloyd was on Central Dispatch, and that’s to be switched over to Joe Kiefer. So I make that correction.

Councilmember Bassemier: Mr. President?

President Shetler: Yes, Ed?

Councilmember Bassemier: May I please have a change on the airport? It might be kind of a conflict since I work out there. If I could change that assignment?

President Shetler: Ed, could you turn your mic on please?

Councilmember Bassemier: It’s on.

President Shetler: So you’re requesting a change from the airport?

Councilmember Bassemier: You can put me anywhere, Sir, but I’d rather not be on the airport. It might be a conflict.

President Shetler: Right, that’s understandable. Thank you. We can make that switch. Put that underneath my assignments, then.

Councilmember Bassemier: Thank you, Sir.

President Shetler: Any other questions? There was a conflict on the other sheet that we had, so that will be the final – right, so that clears it up then. We don’t need a motion, I don’t think, for this. Okay, we’ve already done the Personnel Administration Committee.

President Shetler: Appointment to the ABC Board. We need a motion for appointment to the ABC Board.

Councilmember Lloyd: Make a motion to appoint Bettye Lou Jerrel to the Alcoholic Beverage Commission.

Councilmember Bassemier: Second.

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

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

President Shetler: Motion carries five to zero.

President Shetler: The next item would be any other Council appointments, and at this point, I don’t think we have any others to appoint at this particular time. The other is the approval of the 2009 meeting dates. Anyway, on approval of the 2009 meeting dates, which is the first Wednesday of the month at 8:30, and we need a motion for that.

Councilmember Lloyd: So moved.

President Shetler: It’s been moved.

Councilmember Kiefer: Second.

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

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

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

President Shetler: We do need to go back to the Council appointments and we need to appoint to the Area Plan Commission, make an appointment to the Area Plan Commission. And I had nominated Joe Kiefer for that position. I think we need a motion and a roll call vote on that as well.

Councilmember Kiefer: On Area Plan Commission?

President Shetler: Oh, is that Russ?

Councilmember Kiefer: Yeah, it was Russ.

President Shetler: Alright, sorry.

Councilmember Kiefer: He’s trying to do a fast move on me there.

President Shetler: Okay, so we need a motion and a second then for that, and a roll call vote please.

Councilmember Kiefer: I move that Russ Lloyd be appointed to the Area Plan Commission.

Councilmember Bassemier: Second.

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

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Yes.

Teri Lukeman: Councilmember Lloyd?

Councilmember Lloyd: Yes.

Teri Lukeman: Councilmember Goebel?

Councilmember Goebel: Yes.

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

(Motion unanimously approved 5-0)

President Shetler: There being five ayes and no nays, the motion carries. Are there any others that needed Council roll call on appointments? Do we need any other roll calls?

Councilmember Goebel: Mr. President? Have we discussed the calendar other than the meeting times?

President Shetler: We can go back to that, yes.

Councilmember Goebel: I just wondered if the budget hearing dates are set in stone as of now or is there a possibility of moving that one week earlier?

Sandie Deig: (Microphone not turned on)

Councilmember Goebel: I spoke with James Raben and he said sometimes the other, by the time it comes through Mr. Fluty, it’s only a two day turnaround or something like that before we begin hearings, I don’t know.

Bill Fluty: Which days are you talking about, Mike? I’m not quite following.

Councilmember Goebel: August the 11, 12, 13, we have the actual budget proposal hearings, and I think last year we had scheduled them a week earlier and I was wondering if that’s a possibility again or is that –

Bill Fluty: That’s fine with me. Whatever the Council desires.

Councilmember Goebel: Or can we bring this up at a later date?

President Shetler: We’ll just – do you want to table that for a few moments until James gets here, if he has no problems with it, then we can move on from there?

(Discussion continued on page 39)

Councilmember Goebel: Certainly. If we don’t have a lot of business right now until James gets here, I did have a couple other items that I’d like to bring up. First of all, I think it’s pretty obvious that there might be some new changes coming our way as far as organization of county government. Last year with the Township Assessors, this year, there’s a new broad agenda, I think. I don’t know where it will go, but I think we should, perhaps if there are going to be changes in constitutional elected jobs, I think that maybe this body might want to recommend to the state that they allow those elected officials to serve out their entire term before the change takes place or, at the very least, give us guidelines as far as compensation and things like that because there are a number of jobs at the county level that might be changing in the very near future, if you know what I mean.

President Shetler: I think it’s an excellent point. I couldn’t agree with you more on the whole Assessor debacle that just occurred. You know, we were dealing with, for example, in Marion County, who was exempted from the law in that their township Assessors were paid for the next two years at a different rate going back to 1980, and for those that were taken out of office based on the election that just happened. In Jefferson County and in Floyd County, those are two examples that I can think of, that actually retained their people as far as being able to pay them, but they are not going to be functioning, and it’s all precisely because of the reasons that you’re talking about. So I agree, I think they need to lay that out very clearly so that, you know, elected officeholders know what they’re doing and it’s going to make a much smoother transition in the future for everyone to be involved in working in that. I couldn’t agree more. At the same time, we need to make sure that when we have those unifications happening and the consolidations, that we’re able to realize some efficiency from it, and that we’re able to gain some tax savings for the taxpayers. When you start lumping six and seven and eight offices together, I would think that we should be able to realize a tremendous savings by doing that. So, thank you.

Councilmember Goebel: Well, I think the whole process with the Assessors last year, giving us the June 30^th deadline, and making that switchover, I think Vanderburgh County did a remarkable job, all things considered, and then having a referendum vote, still having, I think, thirteen Township Assessors remaining in the state, that doesn’t make a lot of sense, but we can’t debate that here. However, other jobs might be changing and we should have a clearcut mandate or plan if and when those happen. I know it’s very early right now and the state government has not yet met, and it might get blocked anyway, but it would be beneficial for us to be thinking at least about how we’re going to handle those circumstances. There is the potential for a lot of ill feeling, I think.

President Shetler: Point well taken. Yes?

Councilmember Lloyd: I wanted to second what Councilman Goebel said. And I don’t know if any Councilmembers had went to that – there is a website, Commission on Local Government Reform – but, I guess, Governor Daniels has looked at the possibility of pushing through a number of those changes. Like I said, there originally was twenty-seven and they pared that list down, but some of that could affect this body where they’re looking at the possibility of expanding the powers of the County Council where we would take on zoning and take that away from the County Commissioner. Then also go from three Commissioners to one, so I made a copy of Governor Daniels’ legislative agenda regarding local government reform and I’d be happy to have the Council Secretary make copies of all that and pass it out to the members, but I think the point is, we do need to be aware of that and think about how those changes would affect us and the citizens at large.

President Shetler: Alright, thank you. Yes, Councilman Goebel?

Councilmember Goebel: President Shetler, I think we also, now that we have nonbinding review of several other boards’ budgets, that we should give them a clearcut date sometime in the near future when those budgets have to be prepared for us so we can review them, because we simply won’t have time to deal with those budgets while we’re working on our own general budget, and the things we’re responsible for. And I think that might give them some direction and help us, too.

President Shetler: Anything else?

Jonathan Weaver: May I approach?

President Shetler: I think you’re coming up on the agenda shortly. Anything else?

Jeff Ahlers: (Microphone not turned on)

President Shetler: If we could get a motion on the County Council appointments, that would be the sheet that was passed out to the members, with the exception of the one modification there on, I think, that we made on the Central Dispatch. If we could have a motion on that, please.

Councilmember Lloyd: Are you talking about the County Council liaison appointments?

President Shetler: Yes, correct.

Councilmember Lloyd: Okay.

Jeff Ahlers: The appointments to the various boards, just to get that list approved and on record. I’d just make a motion that it be placed on record with the one correction putting you on the board that was switched on there and that it be as listed, and made of record.

Councilmember Lloyd: Okay, but we’re holding off on making the majority of those appointments? Or are we going to make them? I think they need to be read out loud.

President Shetler: There’s three or four of those that are left open right now because of some qualification things that we need to get involved in yet, yes. But I think last year what we did, is made those appointments during the calendar year. Yes, Mr. Kiefer?

Councilmember Kiefer: On the appointments, like MPO, is that one that you have to get sworn in for or you just – some of the appointments, I know you get sworn in for, but like Area Plan, I think, that is one –

President Shetler: That is one that they do, yes.

Councilmember Kiefer: – you get sworn in for, so I understand, but a lot of these other ones, you don’t. And MPO is not one of those?

Jeff Ahlers: That I don’t know, but it would be governed by the statute that governs organizations. Some of these appointments that we have here are to committees and such that are not statutory, but rather, you know, like review board and our personnel committee, and that. So it’s governed by us or local entities as opposed to a statute. Now the Alcohol Beverage Commission, for example, you’re correct, that’s governed by state statute.

Councilmember Kiefer: Okay, thanks.

Councilmember Lloyd: I guess just for clarification, I would recommend we read off the ones that we’re going to do and then vote on that for the record.

President Shetler: Do you want to read those off, Russ?

Councilmember Lloyd: Sure. Pamela Gallagher, Building Authority Board of Trustees; Gene Koch, Burdette Park Advisory Board; Joe Kiefer, Business Review Committee; Joe Kiefer, Central Dispatch; Royce Sutton, Commission on Homelessness in Vanderburgh County; Tom Shetler, Jr., Economic Development Coalition of Southwest Indiana; Joe Kiefer, Evansville MPO Policy Committee; Lisa Foster, Evansville Museum of Arts and Science, Board of Trustees; Tom Shetler, Jr., Growth Alliance for Greater Evansville; Russ Lloyd, Jr., Human Relations Commission Board; Jim Raben, Jail Overcrowding and Assessment Committee; Royce Sutton, Jail Overcrowding Assessment Committee; Stephanie Roland, M/WBE Utilization Board; Michele Howell, M/WBE Utilization Board; Jayne Manis, Pigeon Creek Greenway Passage Committee; Russ Lloyd, Jr., Solid Waste Board; John Koehler, Southwestern Indiana Mental Health Board; Ryan Beck, West Side Improvement Association.

President Shetler: Okay, any questions? Do we need a –

Councilmember Lloyd: Motion to approve.

Councilmember Kiefer: Second.

President Shetler: It’s been moved and seconded. Any questions? Do you have a comment about this, Commissioner?

Troy Tornatta: Yes, Commissioner Troy Tornatta. PTABOA board, I just want to work out between the Commissioners and the Council, we need a Level II on that, and I’ve talked to Assessor Weaver, so between the two boards, we just need to make sure we do have a Level II on that, so I didn’t know if you were approving anything today, but the two that have been on the Commissioner’s appointments, I don’t believe are Level II, and that’s Farmer and Kendall. So, if we need to – if there is a swap or something we need to do, we need to look for a Level II.

President Shetler: We left those intentionally blank for that reason and we are talking with someone right now trying to figure out on that Level II, so –

Troy Tornatta: Okay. Well, if somebody could get with us and let us know so if we need to – if you have a preference off our board and you want to take that person and we’ll look for a Level II, it’s whatever works, okay?

President Shetler: Alright, thank you, Commissioner. Any other questions? Roll call vote please.

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 Kiefer: Do you want to come back to him?

Teri Lukeman: Councilmember Kiefer?

Councilmember Kiefer: Yes.

Teri Lukeman: President Shetler?

President Shetler: Yes.

Councilmember Raben: Yes.

(Motion unanimously approved 6-0)

President Shetler: We have six ayes and no nays, motion carries.

President Shetler: At this time, we’ll go back to the Appropriation Ordinance and Mr. Raben, you’re up. Thank you.

SUPERIOR COURT

Councilmember Raben: Okay, thank you. First on the agenda today is Superior Court 1370-1620-1370 in the amount of $3,523, I’ll move approval.

Councilmember Bassemier: I make a motion to approve.

(Inaudible)

Councilmember Bassemier: Second then.

President Shetler: Okay, it’s been moved and seconded. Do we have any questions? Roll call vote please.

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.

SUPERIOR COURT                                               REQUESTED       APPROVED

(Motion unanimously approved 6-0)

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

COUNTY COUNCIL

Councilmember Raben: County Council, 1480-1910 PERF in the amount of $7,634, I’ll move approval.

Councilmember Lloyd: Second.

President Shetler: It’s been seconded. Roll call vote please.

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.

COUNTY COUNCIL                                               REQUESTED       APPROVED

(Motion unanimously approved 6-0)

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

CIRCUIT COURT SUPPLEMENTAL ADULT PROBATION

Councilmember Raben: Circuit Court Supplemental in the amount of $33,910, I’ll move approval.

President Shetler: Do I have a second?

Councilmember Bassemier: Second.

President Shetler: It’s been seconded. Do we have any questions? Roll call vote please.

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.

CIRCUIT COURT SUPPLEMENTAL                     REQUESTED       APPROVED

(Motion unanimously approved 6-0)

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

(Discussion continued on page 25)

COUNTY ASSESSOR (THREE REQUESTS)

Councilmember Raben: Okay, Mr. President, there are several transfers, we will take these in groups, if that’s okay. First group under County Assessor, everyone is familiar with that. There’s actually three different groups including the old Knight Township salaries, as well as the Pigeon, so the three are Center, Knight and Pigeon. I’ll move that we approve these transfer requests as listed.

President Shetler: Do we have a second?

Councilmember Goebel: Second.

President Shetler: Okay, any questions?

Councilmember Lloyd: Could I get just a general explanation of what we’re doing here?

President Shetler: Alright, now you’re up, Mr. Weaver.

Councilmember Raben: I can just briefly cover some of this as well. What happened last year at budgets, not knowing the situation or the outcome of the referendum, half of the budgets were put into the County Assessor’s, into a single line, for salaries and then the other half were within the Center, Knight and Pigeon budgets. So we’re just basically transferring that other half into his budget.

Jonathan Weaver: Happy New Year, Jonathan Weaver, Vanderburgh County Assessor. Change is always good.

President Shetler: Do we have any other questions? Does anybody --

Councilmember Lloyd: Okay, so these are employees who are already working for the Assessor and they were in the township offices? Is that right?

Jonathan Weaver: Yes.

Councilmember Lloyd: Or they could be new and the --

Jonathan Weaver: I think we have twenty-four positions – is it twenty-four plus Ms. Stucki?

Councilmember Raben: I don’t remember the exact total, but I’m sure that’s pretty accurate.

Jonathan Weaver: I just want to – I also want to say, and I’m probably speaking on behalf of all the officeholders, being a bunch of new guys up here and it’s great, and like I said, change is good, come on down. Come on down and see us, spend some time, check us out, see what we’re doing, so you can see what our concerns are and so you’re well informed on the decisions that you make. And I’d also like to reiterate what Commissioner Tornatta said. The PTABOA is in dire straits, really, and we need a Level II immediately. We have gotten through this past year or the past two years of my term – you know, I’m a Level II Assessor/Appraiser. We didn’t have one this past year and then we had three other members, so we were down a member the entire year, we didn’t have a Council – or the Council may have approved the member last year but they weren’t a Level II. And it’s hard to get a quorum, and now the law is changing where I can’t vote anymore. So the PTABOA is being thrown into disarray. So we really need that Level II as soon as possible because I’ll be excusing myself from voting here, and there will only be four people on the board.

Councilmember Lloyd: Question? So is that – there’s two positions that the County Council appoints. Are you saying one of them needs to be a Level II?

Jonathan Weaver: Yes, because we have two Commissioner appointees and none of those are Level II’s. We have - I think, Mr. Stahl, is he your appointee?

President Shetler: Yes.

Jonathan Weaver: So, these three guys have been wonderful. Just the one vacancy right now. We had Kraig Nance, he was a Level II and I think that’s the first person off the top of my head I could think that we could bring back immediately. I haven’t talked to him but, you know, it’s someone that may or may not be interested, but is qualified.

Councilmember Lloyd: But is that a statutory requirement?

Jonathan Weaver: Yeah, there needs to be –

Councilmember Lloyd: One the whole board, there has to be two Level II’s, and you’re one of them?

Jonathan Weaver: I’m one of them.

Councilmember Lloyd: Okay.

Councilmember Goebel: I was just wondering if you had someone in mind that you could nominate or get the name to us so we could move on this?

Jonathan Weaver: Kraig Nance is who I – because I believe the Commissioners and this group needs to appoint one Democrat and one Republican and I think we’re missing a Democrat. And he is the only one I can think of that’s a Level II Democrat.

Councilmember Goebel: And you will contact him?

Jonathan Weaver: I can do that for you.

President Shetler: Well, I think that’s our responsibility to take care of that. So we’ll deal with that.

Jonathan Weaver: Can you do that soon?

President Shetler: Yes.

Councilmember Lloyd: So between the two bodies of government, the Commissioners and the Council, out of these four individuals, we need one Level II Appraiser?

Jonathan Weaver: Right.

President Shetler: Well, preferably two, I would assume.

Jonathan Weaver: Well, the more, the better, but I think the law says that if the Commissioners don’t appoint any Level II’s, it’s the Council’s responsibility, so that would – assuming that the Commissioners aren’t going to make a change, that responsibility lies with you guys.

Councilmember Lloyd: Okay, so we need some government cooperation.

President Shetler: Yes, Mr. Kiefer?

Councilmember Kiefer: Mr. Assessor, looking at these requests, are these all of the funds from the salaries that were eliminated, so are there any reductions in – or any savings to local county government in salaries from the change that just occurred with the referendum or is it just pretty much a transfer of all those salaries? Does this represent one hundred percent of the salaries that was being paid out?

Jonathan Weaver: I’m not sure. If I can give you a brief history, I’ll tell you what I know and then, Sandie, if you want to correct me, you can step in. There were twenty-four positions in all three townships – we’re talking about Knight, Center, and Pigeon Township, plus we had the three Assessor positions. There was one vacancy in Center Township. We hired twenty of the twenty-three employees, we hired three from the outside, that one position in Center Township is still vacant and I’m planning on leaving it vacant, so there’s a savings there of twenty-five or thirty thousand, or whatever it is. And then one of the Township Assessors did not apply for a position and the other one demoted herself to part-time, so I thought that was an instant savings there of a hundred thousand. And I’m not sure what’s happening with their salaries next year, but I was planning on saving that one position and about a hundred thousand dollars. And I think – we’re already consolidating, we’re already streamlining.

Councilmember Kiefer: Thank you.

President Shetler: Alright, other questions?

Councilmember Raben: I might have a question. Jonathan, you say there was one position that you are eliminating, and then –

Jonathan Weaver: It’s vacant right now, I guess it’s up to –

Councilmember Raben: Okay, well, it was, I guess, our understanding was that there was three positions that had not been hired back in early December when we met at our last meeting. You filled those three positions, right?

Jonathan Weaver: Yeah, we met on what, November 17^th?

Councilmember Raben: Well, we met on – it was December 17^th was our last meeting.

Jonathan Weaver: No, I’m talking about – oh, you’re talking about – I’m talking about the meeting that we sat down –

Councilmember Raben: Oh, no, no, no. I’m talking about our last official meeting.

Jonathan Weaver: Yes, I wasn’t here for that.

Councilmember Raben: So in these transfers we’re granting the request or the motion was made to grant the request for three spots that were not filled as of December 17^th. But did we need to only approve two?

Jonathan Weaver: No, there’s three. But then there’s that twenty-fourth position that’s not filled right now.

Councilmember Raben: Okay, so what will you do, file a repeal for that?

Jonathan Weaver: Uh, we can talk about it, I guess. Right now, it’s just a vacancy. I don’t know how you want to handle it.

Councilmember Raben: Okay, well I guess what we’d ask then is in February, just file a repeal for that salary line and then we’ll make the amendment. Would that, Sandie, would that work? And then we’ll do an amendment for that salary line in February.

Sandie Deig: (Microphone not turned on)

Councilmember Raben: So we’ve already deleted that one? Okay, I’ve got you. Then we’re good, everything’s good.

President Shetler: The other three lines are there, but they’re not funded.

Jonathan Weaver: Everything should be –

President Shetler: And that’s what will be done today by the transferring of the funds. What’s the total payroll budget for now, including everything? Do we have an idea?

Bill Fluty: I don’t have that at my fingertips, but I can get it for you. It kind of depends on what you do today.

President Shetler: Well, I guess where I’m going to on my question is that, we’re looking at perhaps what, two elected officials being eliminated from it and one full-time position, so we’re looking at saving $100,000 over roughly what, a forty-five employee department?

Jonathan Weaver: Yeah, uh-huh, forty-five including myself and my Chief Deputy. So I just wanted to make sure that it was those twenty-four positions, plus the three Assessors, so we have Ms. Stucki still on board, so that’s the one, plus the twenty-four, we got the twenty-three. We have the one vacancy, right? So we’re all on the same page? Okay.

President Shetler: Okay, so basically, we’re looking at something around a seven or eight percent savings at the most or maybe less?

Jonathan Weaver: I think, you know, I don’t know what’s happened. I just got back from Christmas vacation, so excuse me. You know, I know what happened December 17^th. I’m not positive what’s happened since then. You know, initially, I thought with the two Assessors, one not applying and one going part-time, that was the $100,000 savings I was talking about. And then the one position available on top of that. So I don’t know what you’re doing with the two Assessor positions.

Councilmember Raben: I think that’s about, in essence, that’s where we’re at. We’re one fewer employee, one and a half fewer Assessors, really, because one is part-time. So it’s probably about a hundred thousand less.

President Shetler: Basically, what I’m looking at is, you have a payroll budget that’s about – approximately 1.6 million dollars a year then, is what you’re proposing. And I think last year it would have been somewhere in the 1.7 range, so we are basically looking at a cut of approximately $100,000 percentage wise, that’s what – a little less than 6%.

Jonathan Weaver: I didn’t calculate the percentage, I’m just looking at the six figure –

President Shetler: Do you have a plan that, on-line that by next year, we’ll be able to find some more efficiency here?

Jonathan Weaver: You know, I hate to, everybody, you know, we’re – that was very intelligent how that came out. We’re going to go in one direction and I think it’s going to go smoother. We have a reassessment that’s coming up and may or not be changed, that’s starting July 1^st and goes until March 1^st of 2011. So at this point in time, I’d hate to eliminate more. You know, everybody works hard and this is a work in progress. If you can let me keep as many people as possible, that would be ideal at this point. I feel like –

President Shetler: Unfortunately, that’s a lot of times what we think in government, trying to keep as many as possible.

Jonathan Weaver: Well, you know –

President Shetler: I’m looking for ways that, and I think this was the objective here was efficiencies and savings.

Jonathan Weaver: I think I just – I think I just lived up to my end of the bargain where we’re saving money. I’m giving you a position back and you’re saving $100,000 between the two Assessors. So I gave you money back. I gave the taxpayers’ money back, so now I’m asking you for help.

Councilmember Kiefer: Jonathan, please forgive my lack of knowledge on some of these things since I’m new here on the Council, but are there some other things that you’re going to find efficiencies in as far as like utilization of space, what about how you do your filing systems and things like that? Are there other things that maybe aren’t visible in this salary? I’d be curious just to know. I mean, I didn’t know if there was some elimination of some offices that frees up space or something like that.

Jonathan Weaver: Yeah, July 1^st when the five townships were eliminated instantaneously by law, you know, we brought everybody in-house, into the Civic Center, and that was saving, I think, $3,500 a month in rent and utilities and telephone cost. So we’ve been cutting and we’ve been streamlining since the beginning. And that’s what I’m hoping these three positions, with a hundred thousand plus on that, yeah, I mean, the surplus and the duplication was unreal. I mean, when the five township assessors moved in, in August, yeah, the number of printers, and photocopiers and office supplies, the duplication was just unreal. So we’re trying to use all that up. We’re going through the files right now. We’re scanning to try to get rid of file cabinets and get rid of some paper –

Councilmember Kiefer: Just out of curiosity, the reduction of $3,500 a month in rent, so there should be a reduction in utilities and things, what happened to that old space? Is that –

Jonathan Weaver: It was, in the rental agreements, Mr. Ziemer was smart enough to put, you know, if these offices were eliminated by law, it terminated the lease immediately, so we took advantage of that and moved them into the Civic Center.

Councilmember Kiefer: Good move on the attorney’s part. So, attorneys are handy, Jeff. Thank you.

President Shetler: Did we acquire more space within this building?

Jonathan Weaver: We had – Mr. Fluty was nice enough to give up his conference room and there was a little room there that the State Board of Accounts had between the Auditor and the Treasurer’s Office.

President Shetler: So it was basically county offices anyway, so it was a net savings then?

Jonathan Weaver: We moved them in, now we’ve moved everybody across the hall, they’re able to, without moving any walls at this point. Everybody is on the same side of the hallway starting today. I hope to give Mr. Fluty back his conference room by the end of the first quarter. And if you can just bear with me on space, with the file cabinets and give me time to figure out what we have duplication of – you know, we should be able to – that’s part of the streamlining process.

President Shetler: Alright, thank you. Any other questions? Yes, Mr. Goebel?

Councilmember Goebel: Jonathan, I think in fairness to you and the County Assessor’s Office, I guess today is the first day that actually it’s a united office, so it’s pretty hard to determine right now where the savings is going to be and the efficiency until you actually get everyone in place. So would you keep us abreast as far as how things are going and where cost cutting may come? So I think it’s a little bit early right now to ask much else from Mr. Weaver.

Jonathan Weaver: Like I said, I think we’re at a nice start with the three positions.

President Shetler: Alright, any other questions?

Councilmember Bassemier: What was the motion on that?

Councilmember Raben: The motion was to approve the transfers as listed.

Councilmember Bassemier: I got a question.

President Shetler: I do need a clarification on that, James. Were you including all the transfers or just the ones for the Assessor?

Councilmember Raben: Just the ones for the Assessor, three different groups.

President Shetler: Okay.

Councilmember Bassemier: That makes it clear.

President Shetler: Alright, thank you.

Councilmember Bassemier: Just for the Assessors.

President Shetler: Alright, we have a motion and a second. If no further questions, we’ll take a roll call vote please.

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.

COUNTY ASSESSOR                                           REQUESTED       APPROVED

COUNTY ASSESSOR                                           REQUESTED       APPROVED

COUNTY ASSESSOR                                           REQUESTED       APPROVED

(Motion unanimously approved 6-0)

Jonathan Weaver: Thank you.

SUPERIOR COURT

Councilmember Raben: Okay, next under Superior Court, we have a transfer in the amount of $12,788, I’ll move approval.

Councilmember Bassemier: Second.

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

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.

SUPERIOR COURT                                               REQUESTED       APPROVED

(Motion unanimously approved 6-0)

President Shetler: The last two motions both carried 6-0, and motion carried then.

CIRCUIT COURT (LATE)

CIRCUIT COURT SUPPLEMENTAL ADULT PROBATION (LATE)

Councilmember Raben: And last we have a transfer for Circuit Court in the amount of $6,394 and again for Circuit Court Supplemental Adult Probation in the amount of $419, I’ll move approval.

Councilmember Lloyd: Second.

Councilmember Bassemier: Mr. President, I was going to try to get that in. I want to go back to an appropriation because I think there might be a conflict of interest with me and I’d like to abstain on my motion on one of the appropriations. I’d like to open that back up before I vote on that transfer for Circuit Court. How do we do that or are we going to go back to it afterwards or...?

President Shetler: Well, with us having a motion and a second, we need to probably clear that off the table first and then go back to any other business, I would assume.

Jeff Ahlers: Is he talking about something that’s already been voted on?

President Shetler: I think so.

Jeff Ahlers: If it’s already been voted on, I mean, I guess it’s –

Councilmember Bassemier: Then I’m going to open that back up and I want to know how to open that back up –

President Shetler: You’re not talking about the current issue?

Councilmember Bassemier: No, not right now.

President Shetler: Let’s dispense with that and then we’ll go back.

Jeff Ahlers: I was going to say, you might want to just go ahead and vote on what’s pending then, and then decide if you want to open the other back up.

President Shetler: Alright, so we have a motion -

(Tape changed)

President Shetler: – any questions? Circuit Court is, I believe, what we’re on. Alright, roll call vote please.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: And this is for the Circuit Court transfer?

President Shetler: Correct.

Councilmember Bassemier: I abstain.

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.

CIRCUIT COURT                                                   REQUESTED       APPROVED

CIRCUIT COURT

SUPPLEMENTAL ADULT PROBATION              REQUESTED       APPROVED

(Motion carried 5-0/Councilmember Bassemier abstained)

President Shetler: We have five ayes, no nays, and one abstention. Motion carries.

CIRCUIT COURT SUPPLEMENTAL ADULT PROBATION (Discussion continued from page 14)

Councilmember Raben: Okay, now are you wanting a motion to reopen the Circuit Court Supplemental?

Councilmember Bassemier: Yes, Circuit Court Supplemental.

Councilmember Raben: Mr. President, I’ll move that we reopen accounts 2600-1980 and 2600-1900 in Circuit Court Supplemental.

President Shetler: You know, we might need to know who made the second on that particular motion the first time around, probably need the same person.

Jeff Ahlers: Well, right now, he’s just making the motion to –

Councilmember Raben: I’m making a motion to reopen.

President Shetler: Oh okay, I’m sorry. Go ahead, Joe. Were you – about the second?

Councilmember Kiefer: I can second it and then I just have discussion on it.

President Shetler: Okay.

Councilmember Kiefer: So I’ll second it.

President Shetler: It’s been moved and seconded. Councilman, I guess I have a question and that is, not to pry personally or anything, but I don’t know if you mind stating or what –

Councilmember Bassemier: It might be a conflict of interest. I’ve got a case pending in Circuit Court and I’d like to abstain from making that vote. I voted yes and I’d just like it put in the record that I abstained on that appropriation.

President Shetler: Okay, thank you. Anybody have any questions with it? Councilman Kiefer?

Councilmember Kiefer: Well, the only thing I had a question about is, I didn’t know how you normally determined a conflict of interest. I mean, I know when I was on the City Council, I mean, they always wanted you to vote unless you clarified with the attorney, with your Council attorney in advance, that it was a conflict. But, you know, it’s not – I’m not making an issue out of it, I am just curious, I mean, you just personally determine it’s a conflict or do you have to have legal input on that? Otherwise, you could be voting all the time abstention. But, just a question for Jeff, I guess.

Jeff Ahlers: Well, I mean, I guess there’s a question as to whether you truly have a legal conflict of interest. Of course, that would depend upon the facts, the circumstances, and you’d need to do some sort of analysis about it. I suppose that a member of Council can abstain to anything they want regardless of whether it’s a conflict or not, and then the record reflects what it is. The only issue here is, is that the vote has already been taken, so I don’t know, unless you’re going to reopen it, I guess you can do that. But, I mean, it’s kind of already been done, you know. The toothpaste is already out of the tube, you know, but at any rate...

Councilmember Lloyd: Mr. President, I think Councilman Bassemier has a matter before the court, so by approving that, he doesn’t want to appear that he favors the court or is currying favor with the court, which I can understand.

Councilmember Bassemier: I don’t have legal counsel with me today, so I don’t know if it’s a conflict or not. But I just wanted the record to show that I abstained from that appropriation just in case there might be a conflict. I’m without counsel today on a case pending in Circuit Court.

Councilmember Raben: Okay. Mr. President, the motion was to reopen, so we need to take a vote on that and then we’ll make a motion.

President Shetler: Any other questions about the point? Roll call vote please.

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 6-0)

President Shetler: There being six yeses and no nays, the motion carries.

Councilmember Raben: Okay, now I’ll make a motion Circuit Court Supplemental accounts 2600-1980 and 2600-1900 in the amount of $33,910.

Councilmember Kiefer: I move that we approve.

President Shetler: It’s a second.

Councilmember Kiefer: Oh, second. Thank you.

President Shetler: Okay, any questions? Roll call vote please.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Abstain.

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 carried 5-0/Councilmember Bassemier abstained)

President Shetler: There being five ayes and no nays, one abstention, the motion carries.

Councilmember Raben: That is all for the appropriations and the transfers. Next we’ll move into the amendments to the Salary Ordinance. Sandie or Sarah, excuse me, if you wouldn’t mind passing those out. There is one thing I want to call your attention to, that might look somewhat out of place. But on page one, we’re approving the salary ordinance for Knight Township Assessor, and that’s because the action we took in December puts that line, we actually set that line in place. Now understanding that he’s declined to take that payment, but because of the current state statute, we can’t change an elected official’s salary in the same year. So what we will ask to do, is possibly, if the County Assessor next month would file a repeal, because that money is actually in place for 2009, if you would file a repeal for that amount. But it looks a little funny because you’re approving that in this amendment to the Salary Ordinance. But it’s just the way we have to do it.

President Shetler: Any questions? Okay, we need a – Did you make a motion?

Councilmember Raben: Okay, well, has everybody been given a copy? There is two pages of amendments to the Salary Ordinance, Mr. President, I’m going to move that we enter these items, these two pages into the record and move for approval.

President Shetler: It’s been moved and do we have a second?

Councilmember Bassemier: Second.

President Shetler: We have a second. Any questions? Roll call vote please.

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 6-0)

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

Councilmember Bassemier: Here we go again, I see a Circuit Court on here again. Can we leave that – can we leave that one out and vote on the rest of them? I don’t see any other ones. Let’s see...

President Shetler: Do we have a motion to revisit that?

Councilmember Lloyd: I make a motion to repeal the vote and revote.

Councilmember Bassemier: And I apologize.

Councilmember Raben: I’ll second.

Councilmember Bassemier: This was just handed to me.

President Shetler: It’s been moved and seconded. I guess we need a roll call as opposed to – okay, roll call vote please.

Councilmember Bassemier: Now this is, we’re leaving the, just make sure I’m clear, we’re leaving –

President Shetler: Right now we’re just asking to revisit it.

Councilmember Bassemier: Revisit. Okay. 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 6-0)

President Shetler: Six ayes, no nays, the motion carries.

Councilmember Raben: Alright, I’ll move that we enter into the – this is going to be difficult. Just abstain from the whole thing, if you don’t mind.

Councilmember Bassemier: Okay.

Councilmember Raben: I’m going to move that we approve the amendments to the Salary Ordinance as listed and ask that they be made a part of the minutes, along with that, we approve the 2009 Salary Ordinance, which everyone has been given a copy of. I neglected to add that to the motion, the original motion.

Councilmember Lloyd: Second.

President Shetler: It’s been moved and seconded. Any questions? Okay, roll call vote please.

Teri Lukeman: Councilmember Bassemier?

Councilmember Bassemier: Abstain.

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 5-0/Councilmember Bassemier abstained)

President Shetler: There being five ayes, no nays, and one abstention, the motion carries.

President Shetler: Any old business to come before Council? Yes, Councilman Lloyd?

Councilmember Lloyd: This came to former President Marsha Abell, and I just wanted to read this into the record. It was a letter from Al Folz to Council President Marsha Abell December 22, 2008, regarding Knight Township Assessor’s pay:

“Dear Councilman Abell:

The issue has come as a complete surprise to me. I decided in November to quietly retire from public service. I am, and will remain, very grateful to the voters of Knight Township for the honor of serving them for the past 22 years.

I know the Council was simply following the same procedures they allowed for in German and Scott Townships last July. I appreciate your help and cooperation over the years and I appreciate the Council’s offer. However, I must refuse. Not submitting a job application was not an oversight on my part.

Sincerely,

Al Folz, Knight Township Assessor”

I’d just like to commend Al Folz. He’s been a good public servant for many years and he wanted to retire, decided to, and not take the salary that was his by vote of this Council. And anyway, I want to commend him for that.

President Shetler: We have a couple of other items of business to attend to. One is a resolution to the Indiana General Assembly to amend a particular statute to extend the expiration date for the depositing of funds ready to present for the Convention Center.

Jeff Ahlers: (Microphone not turned on)

President Shetler: Yes please, Jeff.

Jeff Ahlers: I’ll briefly explain this and I don’t know if Mr. Raben may be more knowledgeable, it’s my understanding that the Convention & Visitors Bureau sent over a resolution, I guess, that was received by the Council Office on Monday or Tuesday, I believe. And what they basically did was passed a motion to remove the expiration at the end of 2009 of two percent of the Innkeepers Tax, two percent of the six percent, being deposited in the Centre Operating Fund, because what happens is, is at the end of 2009, that goes to only one percent of the Innkeepers Tax being deposited in the Centre Operating Fund. And so with the legislature, the General Assembly meeting this spring, if we want to have the legislature amend this statute, because this is governed by Indiana Code, then the legislature would need to take this up in this session to modify those expiration dates of the amount of money that’s put into the Centre Operating Fund. So we received this on Monday that the Commission had taken this action. I drafted a resolution. It’s similar to the one that we passed a couple of years ago and if it meets with your approval or you’re free to modify it however you wish. I just assumed that, based upon discussions in the past, that it would be this Council’s desire to consider taking action on a resolution to recommend that two percent continue to go into the Centre Operating Fund. So I tried to email that to everybody. I didn’t have Mr. Bassemier’s email address and I now have that now, so I can email that to you. But because of the holidays coming up, and again, this issue didn’t come to us, to our attention, until Monday is when the Convention Bureau came to us. So we wanted to try to respond quickly so that you can get this before the General Assembly. So I think Mr. Raben may have – I guess you’re the liaison, right, so you may have more you want to add to this. But –

Councilmember Raben: Well no, you’ve summed it up pretty well. This is something that I’ve actually been on them for about the last two years to do because of – I think originally the intent in eliminating the one percent was with hopes of the Centre, you know, revenues increasing and eventually they would, you know, be able to support themselves. But in light of not really having an aggressive, strong anchor hotel, you know, they’re really not getting the bookings that they can get and want to get. So, quite honestly, we’re going to have to have this extra penny or – to continue to support the Centre. So the Convention Bureau did what they needed to do and it’s very important that this Council support this resolution or we’re going to be looking for several hundred thousand dollars to make up that deficit out of property taxes and I don’t think we want to do that.

Councilmember Goebel: Can we move on that and finish it today?

Jeff Ahlers: Yeah, you can make a motion to pass this resolution or if you have a different one, and then I would suggest that if it passes, that the Council President may want to send that to the attention of our local legislators and we may want to make some phone calls to make sure somebody is going to sponsor legislation on that issue. And Mr. Vezzoso, I don’t know, may have already spoken to some of them, so you may want to coordinate with the Convention Bureau on that.

President Shetler: Is that in the form of a motion, I assume?

Councilmember Goebel: I move that we pass the resolution to the Indiana General Assembly to amend the expiration date to 2015 as printed.

President Shetler: Alright, do I have a second?

Councilmember Lloyd: Second.

President Shetler: Any further questions, discussion? Yes.

Councilmember Lloyd: Just clarification. So originally, the state law had this sun setting January 1, 2010 and we’re extending it five years, correct?

Jeff Ahlers: Yeah, that’s what we’re requesting. In fact, this same thing occurred several years ago and we asked that it be extended then, and the legislature did so and now we’re on top of the deadline again, and so that’s the – I mean, you can ask them to do whatever you want but if you want to be consistent with the Convention Bureau, that’s what they asked was to extend it for five years. And your resolution that I’ve drafted for you is consistent with that position, but I went ahead and made sure to attach as exhibits the Convention Bureau’s resolution and then also attach the actual statute with a mark through so you can see how it’s currently written and then what we’re asking that it be changed to.

Councilmember Lloyd: Since the legislature is organizing now, I would recommend we pass this today.

President Shetler: Any other questions or comments? Roll call vote please.

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 6-0)

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

President Shetler: Mr. Owens, did you...?

Steve Owens: Good afternoon, I’m Steve Owens, I’m the Chief Public Defender. I had written a letter to the Council requesting that the Council vote today on changing one of our part-time line item attorney positions to a classified full-time attorney. The reason for that is we have as we stand here today, I have two openings in part-time positions. I will have a third opening at the end of February due to a retirement. What I’m asking the Council to do is to take one of the line items which is, I believe, 1640, classify that as an executive level step one position for 2009 and beyond. And at the end of February, we will then not fill the 1670 position, which will be used to fund the additional salary. The net effect is around, if my figures are correct, for 2009, will be about a $20,000 savings in salaries, not including any savings in FICA, PERF or insurance benefits. The second part of my letter also requested that the Council approve a second full-time position at a more experienced level. I understand that that has, I’ve been informed that that has to go through the Job Study Committee, so what I’m going to ask is that you allow me to withdraw the request for the second full-time position.

President Shetler: Alright, thank you. I think they’re checking it out to see what we’re able to do today and not able to do. Okay, I think what Mr. Owens is basically asking for here, if I may speak a little bit for you, pardon me for this, but because we basically have placed a moratorium on Job Study for a little bit here because of going through the whole entire county, that this is something that would actually be reducing, that asking that maybe we could waive that or else, maybe Councilman Lloyd could have a hearing on that particular request and go straight to the Council, because that being basically an advisory anyway. So I think that’s – am I phrasing this correctly?

Steve Owens: With the number of openings that we have, effective today, we can’t handle all the cases that are going to come to us in the near future in the coming months. Not having a Job Study meeting to bring that to puts us in a very big bind. My understanding, at least from Mr. Deisher, and conversations that I’ve had with him in the past is that basically attorney positions are factored in as an Executive Level Two, as I recall, both in the Prosecutor’s Office and for those full-time positions in my office, as well, that are classified. The candidate who would fill this position is leaving the Prosecutor’s Office and would be coming to work in my office on January 12^th, assuming we can get it passed. We’re not asking for any additional appropriation. I do believe that probably in March we would be coming to you with a request to transfer some money from the one salaried line item to the other one, as well as a repeal for whatever balance is left.

President Shetler: Mr. Owens, when you and I spoke about this particular issue, that was prior to a tragic incident that happened subsequently. And has that impacted your office, that tragic situation that I’m referring to?

Steve Owens: Yes. When we spoke, we knew we had a retirement, we also knew we had an impending opening at the end of the year, we weren’t planning for the third one, obviously, at that time.

President Shetler: Right. So that’s the second opening you have currently, is what I’m in reference to?

Steve Owens: Yes. Now it’s in a different court and basically what I’ve tried to do is keep these people, the two that I’m asking you to address today or the one that I’m asking you to address today, and the next one that we will have in March are both in Superior Court. The second request I’ve made for the full-time position was a Circuit Court, and that’s the one I’m withdrawing.

President Shetler: Okay. Yes, Councilman Goebel.

Councilmember Goebel: I think we’ve already addressed though the salary ordinance the one position where you’re combining two part-times, is that...am I correct in understanding that? For the savings of 20,000?

Councilmember Raben: Here, let me – we’ve already – the first phase of what you want to do was done about five minutes ago.

Councilmember Goebel: The very last item, Steve.

Steve Owens: If you’ve already approved that, that has been done, and we would ask that we be able to make that effective, I guess, January 12^th.

President Shetler: It’s effective now.

Steve Owens: It’s effective now and he’s going to start on the 12^th. And if you’ve done that, that’s all we need.

President Shetler: Alright. Thank you.

Steve Owens: Thank you.

President Shetler: Anybody else have any questions?

President Shetler: Alright, the next item is on the BKD contract. Mr. Deisher?

Tim Deisher: I asked the President to allow me to speak. I apologize for not being here last month for those that were here that discussed it, and I wasn’t aware it was going to be on the agenda. Just for the sake of the new folks, if I could give a one minute history that – I went about five years without any increase in my contract and March 1 of 2007, you allowed, I went back and calculated what the percentage increase would have been had I been allowed the increase that the employees received. In March 1 of ‘07, about half of that was allowed and so a new contract was entered March 1 of ‘07 through February 28, of ‘08, with the understanding that I would get an increase each year along with what the employees received. In the contract it states, “it’s anticipated the rates will be adjusted annually by the same percentage or amount of raise given county employees”. I prepared a new contract March 1 of 2008 and the Council determined it had a full agenda and wasn’t able to hear it. In the December meeting, I had prepared one with the increase and it wasn’t allowed, so I just wanted to update everyone and ask that the contract as it was presented in December be allowed.

President Shetler: I think one of the questions that came up from Councilman Sutton at the time, and I don’t mean to put words in his mouth, but I’ll try to paraphrase the best that I can, and if anybody has a question about that, please bring it up, but I got the feeling from him – because he and I thought along the same line, that perhaps most of the contracts that we see are done with the CPI increase as opposed to floating with the wages of the employees, and just wondered if that may be a better way to handle this contract. But I think that was the question that he was asking or had proposed. And again, if that’s incorrect, we might bring that up.

Councilmember Goebel: I don’t have my notes, but I know we were talking along those lines. I think another issue was the increase of three percent and maybe the amount of time spent would not correspondingly increase and should we factor that in or not on a, say a given year where there’s not as much demand for the position. I don’t know, am I mistaken on that?

President Shetler: I think there was more to it, you’re correct, yes.

Tim Deisher: If I could speak to that, as far as the demand, I don’t get money on the Job Study review of positions if I don’t perform that service. As far as the monthly service, that’s for the updating the Salary Ordinance, determining the salaries each year, factoring in all the changes of employees throughout the year and that really doesn’t change. If I don’t do the service for the reviewing positions, then I don’t get money for that. It’s just a matter of what I get, if I do perform the service.

Councilmember Goebel: That clears it up a bit.

President Shetler: Jeff, do you have a copy of the contract?

Jeff Ahlers: Which copy is it that you would like? I’m sorry.

President Shetler: I just wanted to make sure – you’ve read it over and looked at it and everything seems to be in order?

Jeff Ahlers: Yes, my understanding is, whenever I looked at it is, except for the dollar amounts, the 2008 document that you provided to us is the same, the one I looked through is the terms in 2007 except for the specific amounts of money, is that correct?

Tim Deisher: Correct.

Jeff Ahlers: Now you’re free to do, you know, whatever you want to do, I’m just wanting to make sure to clarify for the record that that’s the only difference between what you passed a year or two ago versus today, is just the dollar amounts.

President Shetler: Okay. Yes, Mr. Deisher.

Tim Deisher: If I could speak also, it was prepared with the three percent, which was effective for the January 1, 2008 that the Council never passed. And they’ve asked me, which is why I put it in here, that I come back each year to ask for an increase versus waiting five years and asking for a larger increase. So I’m really doing what Council had asked March of ‘07, and, you know, the CPI, I mean the last CPI index I saw was a 5.8% increase versus a three percent increase that I have here.

President Shetler: Okay, basically what we had approved at the last meeting on December 17^th, based on Councilman Sutton’s motion and my second, was that we would continue the contract for ‘09 at the ‘08 rate and then appropriate language would be inserted into the contract to adjust that for any future increases or decreases based upon the consumer price index, is what we based it on. So we would need to – so basically, we did approve that at the last meeting, you know, the ‘09 contract based on ‘08 rates. And that we would substitute language in there that would increase it at CPI. Now I assume we could go back and revisit that and change that to – if we wanted to change that at this particular time.

Jeff Ahlers: Yeah, the County Council, you can obviously do whatever you want to do. I don’t know if everybody has this, but pursuant to directions from President Abell, I sent a letter to Mr. Deisher, we had a telephone conversation after the last meeting when she asked me to relay the action of Council. I did that and then confirmed that in writing that basically says in a paragraph what you just said, that Council took action to approve retaining the services of BKD on a contractual basis in 2009, but it would be at the – the rates that were approved for 2007, and that the Council would entertain adjusting the rates on an annual basis pursuant to the CPI. So if Council wants to change its position on that, it’s free to do that. Otherwise, we just need to make sure, if this Council is maintaining the same position as it did at the last meeting, then we will need to just have BKD to change the one sentence and what they’ve proposed in the written document to coincide with the motion passed by Council at the December meeting.

President Shetler: And what we could do is take that CPI based on the ‘07 numbers and bringing it up to date then for ‘09, so that you’d capture both years into that increase.

Councilmember Raben: The rate of the contract in ‘07 was the same as ‘08, right?

President Shetler: Correct.

Councilmember Raben: So what they’re asking for is a three percent increase over that number –

Jeff Ahlers: Over ‘07, basically.

Councilmember Raben: So our original motion is based on the CPI, which I understand is at 5.9, so I would like to make the motion that we rescind our – is that not correct, that we rescind our prior action, our December 17^th action, and then make a new motion that says we will fund the contract at the 2007 - 2008 rates plus three percent.

Tim Deisher: I never received the increase from January 1, 2008, so I’m just asking for a three percent increase and that’s the document, the contract that you have before you is with the three percent and I didn’t get that March 1 of ‘08, so I’m just asking for a three percent increase currently.

Councilmember Kiefer: (Microphone not turned on)

Tim Deisher: Correct.

Councilmember Raben: So the motion on the floor is to rescind our prior action and I guess we can do that, correct?

Jeff Ahlers: Sure.

Councilmember Raben: Okay.

Councilmember Lloyd: Second.

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

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 6-0)

Councilmember Raben: Now, Mr. President, I would like to move that we approve the BKD contract to reflect the 2007 - 2008 rates plus a three percent.

Jeff Ahlers: Which, to clarify for the record, Mr. Deisher, isn’t that what the document dated November 1, 2008 that everyone should have in front of them, isn’t that –

Tim Deisher: Correct.

Jeff Ahlers: Those are those numbers, is that correct?

Tim Deisher: Yes. I would ask that you just approve that document.

Councilmember Kiefer: That is dated November 1^st, 2008?

Jeff Ahlers: Right, if you go to page two of that document at the bottom, there is a heading, engagement fees, and that’s what I was just wanting to confirm with him, I assume being an accountant, you’ve got the figures, right, the math done right that that’s the three percent increase?

Tim Deisher: Right, I mean, it’s rounded to dollars or ten dollars, maybe five dollars, but it’s approximately a three percent increase.

Jeff Ahlers: What I would suggest is that you go one way or the other, either stick with your motion and then, you know, we’ll make sure these numbers are correct, or pass it as written, or you can say as written with a three percent adjustment, however you want to do it.

Councilmember Raben: As written or with a three percent –

Jeff Ahlers: Well, if the numbers aren’t exactly, I guess what I’m saying is, I want to make sure the record is clear what you’re passing, whether we’re passing the rates in the November 1, 2008 document as written and we’re just going to pass that knowing that that’s approximately three percent, but it’s these numbers as he says that have been rounded or whether you’re saying three percent and then the exact calculation will need to be made.

Councilmember Raben: Well, if these numbers reflect the three percent, Mr. President, I’ll amend my motion to state approve the contract at the rates listed on page two.

Councilmember Kiefer: On the November 1, --

Councilmember Raben: Right.

Councilmember Lloyd: Second.

President Shetler: We have a motion. Any questions? Okay, roll call vote please.

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 6-0)

President Shetler: There being six ayes and no nays, the motion passes. And if everybody could just hold on for a little bit because we need to get a signature page on that for everybody to sign. Okay. Any other business?

Jeff Ahlers: (Microphone not turned on)

President Shetler: We did. That was included in part of the motion that he made on something else.

Jeff Ahlers: Did you do the meeting dates?

President Shetler: Meeting dates, that’s right, we’ve got to go back to the meeting dates real quickly, and that was, there was a question that Mr. Goebel had raised about if we could do it perhaps a week earlier, James, on the budget in August?

Councilmember Raben: Yeah, I know. He and I have discussed that by phone. The only real concern I had was as to whether or not – it might cut us short that week on our budget books, because usually we get our budget books the first of August, right? So that would be my only concern is that we don’t get our budget book two days before we start hearing budgets.

Bill Fluty: I think normally we give the budget book out at the Personnel & Finance, which would be the last week of July.

Councilmember Lloyd: The 29^th?

Bill Fluty: You’d only have a few days. We would be giving it out the 29^th.

Councilmember Raben: Let’s go ahead and make that change and if we find out that it can’t work or doesn’t work, we’ll have to go back in and reset it in at this original date.

President Shetler: Could you, Mr. Goebel, could you go ahead and spell out that –

Councilmember Goebel: Budget hearing dates, August 4 –

President Shetler: Why don’t we do this: why don’t we make a motion to amend?

Councilmember Goebel: Okay. I’d like to make a motion to amend the dates for budget hearings in 2009 from August 11, 12, 13 to August 4, 5, and 6.

Councilmember Lloyd: Second that.

President Shetler: Okay, we have a motion and a second and we’re going –

Sandie Deig: (Microphone not turned on)

President Shetler: I don’t know.

Sandie Deig: Is this date okay, the August 25^th?

President Shetler: August 25^th, is that okay? It’s the 4, 5, and 6^th in lieu of the 11, 12, and 13^th. Everything else stays the same. Do we need to check availability of the room at this time or –

Councilmember Goebel: Mr. President, I think we can maybe make the change now. Last year we changed it later, I know that, because this was the corresponding dates we had originally set and then we went back a week. If we have to do that, we could do it again.

Sandie Deig: We can just send a letter to the Building Authority requesting those dates be set aside.

President Shetler: Alright, so any other questions? Then we’ll leave as amended for the 4^th, the 5^th, and the 6^th in lieu of the 11^th, 12^th, and 13^th, so it’s an amendment to the meeting dates, and we –

Jeff Ahlers: In all other respects as listed.

President Shetler: And everything else stays the same as listed. Yes. We’ll probably have the Council meeting and then do that immediately after or something. We can adjust the times, okay.

Councilmember Goebel: I’m sorry to interrupt again, but I think the August 25^th budget hearing date, this past year we moved it to the 20^th to correspond with our Personnel & Finance, as well, which is scheduled for the 26^th. If we could maybe cover both of those on the same day as we did in the past year?

Sandie Deig: The reason they did that is because on the 26^th, you were going to do all the other budgets, and that’s why.

President Shetler: It was done to accommodate the increase of all the other budgets that we have to do. We were doing those on the 26^th, and that’s why the 25^th was established, but we could do that all at one time, at the Council’s pleasure. And again, it’s something we can change later as the time gets nearer.

Councilmember Goebel: I think that’s probably better we find out – we set a calendar for the other budgets due to us, as well.

President Shetler: Alright. Okay. Any other questions, points? Roll call vote please.

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 6-0)

President Shetler: There being six ayes and no nays, the motion carries. Any other business? Okay, motion for adjournment would be in order.

Councilmember Lloyd: Motion to adjourn.

Councilmember Kiefer: Second.

President Shetler: We are adjourned and if everybody could please hold on for a minute, we need to bring up a signature page real quick.

(There being no further business to come before the Council, the meeting was adjourned at 2:29 p.m.)

VANDERBURGH COUNTY COUNCIL

Recorded and transcribed by Teri Lukeman.