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VANDERBURGH COUNTY COUNCIL MINUTES SEPTEMBER 1, 1999
The Vanderburgh County Council met in session the 1st day of September in room 301 of the Civic Center Complex. The meeting was called to order at 3:37 p.m. by County Council President Curt Wortman. President Wortman: Okay, the Vanderburgh County Council is now in session this September 1st at 3:30 past a few minutes. Would the Sheriff please open the meeting? Meeting opened by Sheriff Ellsworth. President Wortman: Okay, let's have
a roll call please.
* Councilmember Sutton arrived at 3:51 p.m. President Wortman: Okay, now then we'll all stand and pledge allegiance to the flag. (Pledge of Allegiance was given) President Wortman: Before we get into the approval, the next number four, we have an announcement from our County Attorney in reference to the budget process that just ended a few minutes ago. Jeff Ahlers: Yeah, I made a call while we were on our break to the State Board of Accounts and I talked to both Tom Simpson and Bruce Hartman in reference to the vote taken on page 45, Prosecutor Adult Protective Services. On that vote on the motion to increase that line item back to $33,104; after a final vote had been taken and a salary ordinance passed would then at that time, because it is an increase of salaries, would take five votes. So show that particular motion to...after the motion to reopen was granted, the motion to increase it back failed because it only got four votes instead of five, if you would show that for the budget minutes. President Wortman: Okay, well that settles that then -- Councilmember Smith: No it doesn't settle it because I think Jim probably knew that to start with when he asked us to vote so he wouldn't have to go through the procedure all over again. So, I think that's exactly the reason that it was done. Councilmember Raben: Betty, really and truthfully that's not the case, and -- Councilmember Smith: Then why did you ask us to go ahead and vote before we made the amendment because Royce offered to make the amendment and you wanted to wait? Councilmember Raben: Betty, but that vote we were taking there did not pertain to the salary or salary ordinance. Councilmember Smith: The final vote hadn't been given yet. Councilmember Raben: You were voting on the 2000, 3000 and 4000 accounts. Councilmember Smith: That was still the final vote. Councilmember Raben: No, I --
President Wortman: Okay, let's go on to number four, approval of the August 2, 1999 special meeting and August 4th regular meeting. I'll entertain a motion to approve those. Councilmember Lloyd: Motion to approve. President Wortman: Do I have a second? Councilmember Smith: Second. President Wortman: Got a second. All those in favor raise your right hand. One, two, three, four, five, six. (Motion unanimously approved 6-0)
A) PROSECUTOR IV-D President Wortman: Now we'll go into the appropriation ordinance. First on the agenda is the Prosecutor IV-D, Extra Help. Councilmember Raben: Mr. President, I'll move approval of 1081-1990 in the amount of $3,500. President Wortman: Do I have a second? Councilmember Smith: Second. President Wortman: Got a second, Mrs. Smith. Any discussion on this? Okay, call the vote for approval. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. PROSECUTOR IV-D REQUESTED APPROVED
(Motion unanimously approved 6-0) B) ELECTION OFFICE President Wortman: Next on the agenda is the Election Office, Other Supplies. Councilmember Raben: I'll move approval in the amount of $10,540. President Wortman: Second? Councilmember Hoy: Second. President Wortman: Got a second. Any discussion? Call the roll. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. ELECTION OFFICE REQUESTED APPROVED
(Motion unanimously approved 6-0) C) BURDETTE PARK President Wortman: Burdette Park. Councilmember Raben: I'll move approval of all the Burdette Park requests as they are listed. President Wortman: And do I have a second to that? Councilmember Lloyd: Second. President Wortman: I've got a second, Mr. Lloyd. Any discussion? Call the roll please. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. BURDETTE PARK REQUESTED APPROVED
(Motion unanimously approved 6-0) D) CIRCUIT COURT SUPPLEMENTAL ADULT PROBATION President Wortman: Circuit Court Supplemental Adult Probation. Councilmember Raben: I'll move approval of Circuit Court Supplemental Adult Probation as listed in the amount of $12,054. President Wortman: Got a second? Councilmember Lloyd: Second. President Wortman: Got a second. Any discussion? Call the roll please. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. CIRCUIT COURT SUPP. ADULT PROBATION
REQUESTED APPROVED
(Motion unanimously approved 6-0)
A) PROSECUTOR B) ELECTION OFFICE C) COUNTY COMMISSIONERS D) AIRPORT AUTHORITY President Wortman: Now the transfers please. Councilmember Raben: Okay, if no one objects, I'll move to approve the new and late transfers as they are listed and I'll make that in the form of a motion. President Wortman: Do I have a second? Councilmember Lloyd: Second. President Wortman: Got a second. All those approved. Any discussion on those? Call the roll please. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. PROSECUTOR REQUESTED APPROVED
ELECTION OFFICE REQUESTED APPROVED
COUNTY COMMISSIONERS REQUESTED
APPROVED
AIRPORT AUTHORITY REQUESTED APPROVED
(Motion unanimously approved 6-0)
President Wortman: Okay, let's go to amendments to the salary ordinance. Councilmember Raben: Okay Mr. President, we have items A, B, C and D. I'll move approval of the Prosecutor IV-D as previously adopted, the Election Office as previously adopted, Burdette Park as previously adopted, and Circuit Court Supplemental Adult Probation. President Wortman: Do I have a second? Councilmember Hoy: Second. President Wortman: I've got a second. Any discussion? Call the roll please. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. (Motion unanimously approved 6-0)
A) ORDINANCE AUTHORIZING AND APPROVING THE INVESTMENT OF PUBLIC FUNDS IN MONEY MARKET MUTUAL FUNDS (Second Reading/Public Hearing) President Wortman: Now we go into old business, the ordinance authorizing and approving the investment of public funds in money market mutual funds. This is the second and final reading. I'll entertain a motion to that effect. Councilmember Hoy: So moved. Councilmember Smith: Second. President Wortman: Motion and a second. Any discussion? I don't hear none, I don't see none, call the roll. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Yes. Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Yes. Teri Lukeman: Councilmember Raben? Councilmember Raben: Yes. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. (Motion unanimously approved 6-0) B) CONFIRMING RESOLUTION OF THE VANDERBURGH COUNTY COUNCIL PROPERTY LOCATED AT 3401 N. GREEN RIVER ROAD / WARREN SPURLING President Wortman: Now we go into the resolution that was denied due to lack of approval of Warren Spurling's tax abatement request by the County Redevelopment Commission. There's no need for the Vanderburgh County Council to proceed with the public hearing and confirming resolution scheduled for September 1, 1999. I'll entertain a motion, I guess, or we don't have to do anything I guess. No, it just nixes it then. Councilmember Lloyd: Yeah, by law it does. President Wortman: Yeah, that's right.
Okay, just nix it then.
A) RESOLUTION OF THE VANDERBURGH COUNTY COUNCIL CONCERNING AN AMENDMENT TO THE TAX ABATEMENT STATEMENT OF BENEFITS FOR TEMME MOLD AND ENGINEERING, INC. AND TEMME INVESTMENTS, LLC. B) RESOLUTION OF THE VANDERBURGH COUNTY COUNCIL CONCERNING AN AMENDMENT TO THE TAX ABATEMENT STATEMENT OF BENEFITS FOR AZTECA MILLING COMPANY President Wortman: Alright, now we go into new business and the tax abatement for Temme Mold and Engineering. Councilmember Hoy: Is Mr. Robling here? Jeff Ahlers: Did you ever talk to him? I still don't understand what he's doing there. We need to have him here, don't we? Councilmember Hoy: They're amending the originals and having them meet goals for fewer jobs. President Wortman: Yeah from like, Temme was 20 to 15 and Azteca was 175 to... what was it, Phil? Councilmember Hoy: It's down to 140 or... I don't know. President Wortman: About 135 or something. Councilmember Hoy: The other thing about Temme was, we had Temme listed twice originally which looked like it was 40 jobs and it was really only 20 combined. That was very confusing. Councilmember Lloyd: Can we ask, maybe, Mrs. Deig to call him and see if he can come up? Mike Robling. President Wortman: Yeah, if you don't mind, Mrs. Deig, we'd appreciate it. And we'll go on to...well we've got Azteca next and -- Councilmember Lloyd: That's the same thing. President Wortman: I don't know, he may not be in town or something, you never know. Councilmember Hoy: Well basically what they're asking us to do... see they were supposed to hit a certain goal on these jobs and they're not going to hit it, so they're asking us to amend what we approved earlier. Jeff Ahlers: So they'll never have to hit it. Councilmember Hoy: Yeah, and see the thing is, when they come around again for review of these, they won't be reviewed against that first measurement that was set in. They will be reviewed against this amended measurement. President Wortman: Yeah, they were pretty up front with us on that and admitted to a lot of things that they...technology and -- Councilmember Hoy: Well the thing that bothers me about Azteca is, I was President of the Council then and I can remember walking from the old federal building down to have lunch, and I can't remember the gentleman's name, but it was one of the really big guns with Azteca, and he assured me that they would not only hit 175 jobs, but they'd probably double that and someday have 400 jobs here. Now they are saying 145. That's not on record anywhere except in my memory over that lunch, but we were promised an awful lot with them that I don't think we're going to get. If you talk to farmers, generally their corn is not bought directly from them. The corn is bought out where they mix the corn because they have to because they have a certain standard on what kind of white corn flour they want. So, some farmers are happy and some aren't. Councilmember Raben: I'll tell you another important-- President Wortman: I think what it is there, they have to buy it through a mill or broker so they've got a steady flow of corn into the plant. Councilmember Raben: But to go along with what Councilman Hoy is saying, something else is real important here and this is so much different from Temme or many of the other abatements that have come before us, and that is that with Temme, you know, the only thing the county is out is the actual abatement. Whereas with Azteca, we've got millions of dollars tied up in -- (Inaudible) Councilmember Raben: -- that's exactly right, in that project. There is a tremendous amount of infrastructure work and whatnot that's been done there. So we have a little more at stake here than we do with the standard abatement. I, like him, you know, I know the question was raised at some point in time during the initial phases of that project, you know, where the corn would be purchased from and oh, we're going to use the local market. And I don't know that that's really taking place. President Wortman: I might give you a little progress report, they have been building that access road out there from Azteca south to Matrixx down there. Now then we'll proceed with Mr. Robling. Will you step forward? They want to ask some questions about Temme Mold and Die and Azteca, why you're amending it. Mike Robling: Well when they were here last month they suggested this and it was my recollection that they got a fairly positive reaction to amending their statement of benefits to reflect more accurate job creation goals so that you would not be finding them in noncompliance in the future. They both submitted letters requesting that action take place. President Wortman: Now, do we have any questions for Mike Robling concerning these two? Councilmember Hoy: Mr. Robling, as I understand it then, if these are approved today then the next time we review these two companies we will not be comparing their progress to the initial abatement but to the amended abatement. Mike Robling: Correct. Councilmember Hoy: So, it will be a little easier for them to be in compliance. Mike Robling: Correct. President Wortman: Okay, anybody else got any questions for Mr. Robling? Okay, if not, I'll entertain a motion to those, A and B, together. Councilmember Lloyd: Okay, this is under new business? President Wortman: Yeah. Councilmember Lloyd: I might have a question about the old business. We received a letter from the Redevelopment Commission and that just dies by law, there's nothing else to be done with that, on Spurling? Mike Robling: You could still take action and confirm the designation, but it would have no real effect. Councilmember Lloyd: Okay. President Wortman: Okay, I'll entertain a motion on A and B, Temme and Azteca. Councilmember Lloyd: Mr. President, I'd like to make a motion that we amend those resolutions on the tax abatement statement of benefits as submitted by the companies. President Wortman: Okay, do I have a second to that effect? Councilmember Smith: Second. President Wortman: Second. Any other discussion? Call the roll please. Teri Lukeman: Councilmember Smith? Councilmember Smith: Yes. Teri Lukeman: Councilmember Bassemier? Councilmember Bassemier: Let me understand this, they're not obligated to anything after this? I mean-- Mike Robling: They're obligated to maintain these lower levels, if I can find it. They explained it last time. Azteca has reached 145, they may be able to add to that, but they're very unlikely to ever reach 175 because the local workforce is more productive than they had anticipated when they proposed the project. Councilmember Bassemier: I think they ought to stick to what they agreed to when we appropriated or (inaudible) that money for them. So I am going to vote no on that. I think they ought to stay, stick to their commitments. President Wortman: Okay, you want to -- Councilmember Hoy: We're still voting, aren't we? Teri Lukeman: Councilmember Hoy? Councilmember Hoy: Mr. Bassemier said it well. I agree with what he said and I vote no. Teri Lukeman: Councilmember Raben? Councilmember Raben: No. Teri Lukeman: Councilmember Lloyd? Councilmember Lloyd: Yes. Teri Lukeman: President Wortman? President Wortman: Yes. (Motion fails 3-3/Councilmembers Bassemier, Hoy and Raben opposed) President Wortman: Okay. Jeff Ahlers: Yeah, it fails. President Wortman: Royce is not around. Jeff Ahlers: Well no, it fails four to two. President Wortman: Oh, four to two, I'm sorry. Jeff Ahlers: Right. Did Betty vote yes or no? Councilmember Hoy: She voted yes. Councilmember Smith: I voted yes. Jeff Ahlers: Oh, so it's three to three then. I'm sorry. I need to count better. President Wortman: Does anybody else want to appear before the Council this day before we adjourn the meeting? Councilmember Smith: Mr. Chairman, on this where they go in front of the Redevelopment Commission in regards to Spurling, I talked to the Governor and his attorney was there with him. I gave them the information of the IC code and all of this and they feel that it isn't right that an appointed board has the final decision and they're supposed to get back with me. So, they're supposed to send me some information. Because if the elected body doesn't have the final decision, why does it come to us to start with? I mean, that's my opinion. If that board is going to pass something and they can vote us down, then they don't need to bring it to us. Councilmember Hoy: Well they only have that right when there is a TIF zone, Tax Incentive Financing zone. That doesn't apply to the abatements that we've granted out on 41. They don't review those. I believe that's it, isn't it, Mr. President? They only review the ones where you have the TIF zone and somebody asks for abatement inside of the TIF zone, Tax Incentive Financing zone. We have, as a Council, turned down every one of those except Mr. Spurling's that were in that east side TIF zone. So by law they have that authority because that authority was voted to that board. That law would have to be changed for that to happen. President Wortman: Okay, any other questions? There's Mr. Sutton. Okay, we're all squared away on that then. Now then, Mr. Chuck Whobrey, he wants to say a few words here. Chuck Whobrey: Chuck Whobrey, President of Teamsters Local 215. First, I wanted to make my statements during the previous session. I found it very frustrating sitting there not being able to say anything, but I waited for now. Just a couple of things, you folks are well aware that we have an ongoing problem at the Centre. I just want to say that we've been working trying to head this off for a while and we're going to continue to try and head it off. But what happened today I think, I'm not sure why there was an effort to change the titles, but certainly on one hand you say you're not part of the negotiations, but that was certainly at play, had something to do with our contract negotiations. Really the other thing that I just wanted to go on record is, you folks that have been on Council for a number of years recall, in the last probably two or three years, we've had a couple of times whenever we've had to come back to Council for, one time it was a shift differential that was approved and I think another time possibly longevity pay. I think the first time that happened was about three years ago and Council said at that point that they wanted to be involved in negotiations. They didn't want any, after they had approved the budget, any late surprises. We obviously represent several employees of the county, but one of the groups we represent is the Detention Officers. We used to call them Correction Officers, but now they're Detention Officers in the jail. In an effort to deal with that contract prior to Council negotiations, Council budget hearings I should say, the Sheriff and his Chief Deputy and my negotiating committee and I had some discussions. We did this with the full knowledge of the Commissioners, they were informed that we were going to have these meetings. We came and we had a meeting in late May and we had another meeting in early June. We explained that what we were attempting to achieve was an upgrade really over a period of years for these Detention Officers because of the great disparity in their wages compared to some other employees, I'll just put it that way. We came to an agreement and the Sheriff felt comfortable enough with that agreement to submit it in his budget. He had certain things he wanted addressed that we weren't particularly crazy about, but in the spirit of compromise and negotiation we came to a tentative agreement. He submitted that to this Council. I don't really know the details, Mrs. Deig could probably tell you better than I, but somehow either she was instructed, or the Sheriff was instructed, or somebody was instructed to take out those upgrades that we had agreed to. Again, Mrs. Deig can explain because I don't really know what happened. All I know is we came to an agreement, the Sheriff felt comfortable with it in submitting it to Council so it would only take four votes and not five, and then somehow he was told or she was told to not submit that amount to Council. We attempted to do things in the right way. What I'm really frustrated with is there seems to be an ongoing effort to undermine any good faith agreements we can come up with. If we're told to involve Council or get it done prior to the budget hearings and we do that, then something goes wrong. I've just experienced that time and time again. It's going on right now with the Centre where since January we've attempted to head off a problem with great frustration. I just simply want to be on record that we're now going to have additional meetings and I assume we'll involve the Commissioners and I hope we'll involve members of Council, but I don't want the Council to say hey Teamsters, or hey Sheriff's Department or whoever, you ought to tell us about this in July or August or whenever we're doing our budget hearings. We attempted to notify you ahead of time. In fact, we did and I told some of you folks individually. I'm just very frustrated and there's an effort, in my opinion, to undermine some good faith negotiations. I'd be happy to answer any questions that you have. If not, that's all I wanted to say. President Wortman: Anybody got any questions? Councilmember Bassemier: Chuck, do me a favor. Next time you have a meeting or something give Sandie an invitation in my mailbox for me, would you please? Chuck Whobrey: We'd be happy to do that. Councilmember Bassemier: So I'll know it. I'll be more than happy to attend. Chuck Whobrey: Okay. President Wortman: Okay, Mr. Lloyd? Councilmember Lloyd: I know with the contract with the Teamsters and the members of the jail, I believe that's signed by the Commissioners, right? Chuck Whobrey: Yes. Councilmember Lloyd: But the Sheriff oversees those employees. Chuck Whobrey: That is correct. And I am not saying that the Commissioners agreed to that. I'm not saying that at all. But we did...I specifically called and the Sheriff would have to speak for himself, but I specifically talked to two Commissioners to find out...because the previous Sheriff would not participate in negotiations. This Sheriff wanted to be a part of those negotiations. I called two Commissioners myself to find out if they had any difficulty and they both said that's how they would prefer it. He's the one that has to administer the contract. We understand and I think the Sheriff understands that the Commissioners sign it and we respect that. The only thing that was being submitted to Council was what Council has jurisdiction over which was the wages. If the Commissioners wanted to agree to something and the Council didn't want to fund it, I understand that on that wage portion you don't have to fund it. What I'm saying is we've attempted to do things in the right way and we keep getting undermined. Councilmember Lloyd: Yeah, I just remember in previous years the Sheriff didn't want to deal with any contract issues. Chuck Whobrey: You're a hundred percent right. President Wortman: Okay, anything else? Mrs. Deig? Sandie Deig: I would like to respond to what he said. I think both the Sheriff and myself (Parts inaudible because microphone was not on). I did call Commissioner Mourdock because I was told that they were all instructed to meet and (Inaudible). I received an e-mail and a phone call from Commissioner Mourdock (Inaudible). I did pass the e-mail out to Councilmembers, but I just wanted you to know that I did not make a decision on (Inaudible). Chuck Whobrey: I understand that you didn't make that. All I'm going to say is I spoke with Mourdock, Commissioner Mourdock I should say, and I actually also said I believe the Sheriff is going to be contacting you. But I simply, I didn't ask if he was giving the Sheriff any authority to do anything other than negotiate the contract and I fully recognize that the Commissioners would have to sign on to...changes. But if he denied he got a call from me then... I hope he didn't deny that. Sandie Deig: Not the call. President Wortman: Okay. Brad Ellsworth: My turn. Brad Ellsworth, Sheriff's office. I think most of this occurred in good faith. I did talk to Richard Mourdock briefly and expressed an interest and since I work up in the jail every day that it would make sense that I may have some input into that negotiation, things that I might like to see, some things that the Teamsters and our employees might like to see. He said he wished we would be involved and I think that's a pretty good move since, like I said, my staff and I supervise that everyday. There's some things that we would have liked to see in the contract, some things they wanted. We did call a meeting with our union reps and Mr. Whobrey and met bantered back and forth, what could we live with, what could we not, and came to that agreement. Then in good faith, like I said the first budget we ever prepared, wanting to have those dollars in place in case the Commissioners did ratify that contract that we would have the money in place. I think we acted in good faith. I received a phone call from the County Attorney saying that wasn't exactly the way that we did that. They wouldn't put the money in place first, that the contract would be negotiated first. Therefore, to make my budget smaller, which I love to do, we then pulled that out at the request of the Commissioners. That was our take on it which I think is pretty much in line with what everybody else is saying here. I don't think there's anything trying to be pulled over anybody. It was just a good faith effort on our part to have it in there in case the Commissioners did ratify that. President Wortman: Thank you, Mr. Ellsworth. Okay, anything else to come before this Council this meeting? If not, I'll entertain a motion of adjournment. Councilmember Smith: So moved. President Wortman: So moved. Councilmember Lloyd: Second. President Wortman: All those in favor say aye. Aye's have it. (Meeting adjourned at 4:04 p.m.)
VANDERBURGH COUNTY COUNCIL
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Recorded by Teri Lukeman and transcribed
by Todd Hochstetler.
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