INDIANA NEWS 92 - Association of Indiana Counties
Transcription
INDIANA NEWS 92 - Association of Indiana Counties
Association of Indiana Counties Inc. 101 West Ohio Street, Suite 1575 Indianapolis, Indiana 46204-2051 PRESORTED STANDARD U.S. POSTAGE PAID TWG, INC. Warrick County A Place of History and Wonder... Volume 16 Number 5 September/October 2010 INDIANA NEWS 92 Communities across Indiana depend on their county officials to make important decisions that will benefit citizens. As Indiana’s largest law firm, Barnes & Thornburg LLP has experience assisting many county commissioners with legal issues they face on a daily basis, including: • Financing county facilities • Generating economic development strategies • Litigating cases when necessary • Developing county employment policies • Addressing environmental issues Bob Grand 317.231.7222 [email protected] Rick Hall 317.231.7516 [email protected] Brad Bingham 317.229.3056 [email protected] What’s Inside Vol. 16 Number 5 September/October 2010 Page 14 – Thres herman’s Park Ca bins Features 7 Two User Fees that are Becoming Outdated Due to Changes in Technology By David Bottorff 8 A State and Local Partnership – Difficult when it’s Money that Matters By Andrew Berger 11 Routing Electronic Documents in Your County By Sarah Nichols Rossier 12 Public Health Top 10 Essential Services By Gregory N. Larkin, M.D. Cover – The Beautiful Cornfields of Warrick County 14 On the Cover: A Place of History and Wonder... Warrick County Calendar NOVEMBER 17 2010 Annual Conference Wrap Up Page 15 – 16 Legislative Affairs DIPLOMA Class 17 AIC Board Meeting 30 Commissioners Annual Conference – Sheraton Keystone Crossing, Indianapolis (continued) DECEMBER 1-2 Commissioners Annual Conference – Sheraton Keystone Crossing, Indianapolis 17 AIC Board Holiday Luncheon www.IndianaCounties.org Miller’s 5 & 10 By Shawna Schwegman 24 Can’t I just get a loan from the bank? By Lisa Lee and Karen Arland Extras 5 In the News 22 Diploma Graduates 26 Professional Services Directory September/October 2010 INDIANA NEWS 92 3 In the News INDIANA NEWS 92 The official magazine of Association of Indiana Counties, Inc. 101 West Ohio Street, Suite 1575 Indianapolis, Indiana 46204-2051 (317) 684-3710 FAX (317) 684-3713 ALLEN COUNTY TEXTING HEALTH ALERTS (Allen County, Ind.) – The Allen County Health Department is now sending health alert texts to residents who opt into the service. The Fort Wayne Journal Gazette recently reported that the county has contracted with California-based Nixle to provide the service to citizens who choose to enroll. The types of alerts that will be sent out from the Fort Wayne-Allen County Department of Health include messages about neighborhood mosquito spraying, disease outbreaks and other related emergencies. The Nixle website says the service is offered free of charge to governments. E-mail: [email protected] www.indianacounties.org Karen Avery, Editor OFFICERS President: Sara Arnold, Spencer County Assessor First Vice President: Dick Jones, Clark County Recorder Second Vice President: Therese Brown, Allen County Clerk of the Circuit Court Third Vice President: Penny Lukenbill, Marshall County Auditor Treasurer: Jeff Quyle, Morgan County Council STAFF David Bottorff, Executive Director [email protected] Cisma Ferguson, Director of Administration & Financial Affairs [email protected] NACo HONORS MARION COUNTY AGAIN FOR NACo DRUG CARD USAGE (Marion County, Ind.) – Marion County has been recognized for a second consecutive year on how it performed with regard to the NACo Prescription Discount Card Program. The National Association of Counties announced the award during the 2010 Annual NACo Conference this past summer. Marion County has achieved a high level of increased program usage by its residents and had an overall increase of 72,786 prescriptions. Marion County Auditor Billie Breaux said Marion County residents really appreciate every penny saved on prescription drugs. “Citizens in Marion County, like others across this nation, have been negatively impacted by the poor economic climate. The Auditor’s Office is pleased to be able to assist them in reducing their prescription costs which provides them a healthier lifestyle,” said Breaux. For information on the NACo Prescription Discount Card Program visit www.NACo.org. Andrew Berger, Legislative Director [email protected] Sarah Nichols Rossier, Deputy Legislative Director [email protected] Karen Avery, Director of Communications [email protected] Shawna Schwegman, Director of Planning & Professional Development [email protected] The Association of Indiana Counties, Inc. (AIC) was founded in 1957 for the betterment of county government. Each of Indiana’s 92 counties are members of the AIC. The AIC Board of Directors is made up of elected county officials and is responsible for overall AIC policy and management. AIC serves it members through lobbying, education, publications, research, and technical assistance. Indiana News 92 is published bi-monthly by the AIC at 101 W. Ohio St., Suite 1575, Indianapolis, IN 46204-2051. It is distributed to county elected officials, county employees, state and federal legislators, state agency personnel, National Association of Counties (NACo), universities, nonprofit associations, media, and organizations interested in the betterment of county government. For advertising rates and other information, please contact Karen Avery, Editor. All county members receive annual subscriptions to Indiana News 92 magazine through payment of county dues. Subscription Rate: $25.00 per year. Postmaster: Send address corrections to: AIC 101 West Ohio Street, Suite 1575 Indianapolis, IN 46204-2051 www.IndianaCounties.org AIC WILL SOON BE GATHERING NEWLY ELECTED OFFICIALS INFORMATION (Undated) – The Association of Indiana Counties will soon be collecting contact information on newly elected officials from the County Clerks’ and County Auditors’ offices. The most efficient process for collecting this information involves having the Clerk’s email or fax to the AIC their county’s certified election results (same form that the state requires). It would also be helpful to receive the address list for candidates. The AIC will use this information to send invitations for the AIC Newly Elected Officials training session in January. The AIC also publishes elected officials information in the AIC Directory of County Officials which is mailed to each AIC member (county elected officials) after publication. Once we update our database early in 2011 we will ask County Auditors to verify our list of county officials prior to printing of the directory. Election certification results and address updates can be emailed to [email protected] or faxed to (317) 684-3713. Your assistance is greatly appreciated!. News tips and/or news briefs for the Indiana News 92 magazine may be submitted via email, fax or regular mail. Send to Karen Avery, Director of Communications at [email protected] / or fax: (317) 684-3713/ or mail: 101 W. Ohio St., Ste. 1575, Indianapolis, IN 46204. September/October 2010 INDIANA NEWS 92 5 6 INDIANA NEWS 92 September/October 2010 Association of Indiana Counties Inc. The Director’s Chair Two user fees that are becoming outdated due to changes in technology By David Bottorff, Executive Director [email protected] Changes in technology and industry have made two user fees less than adequate to provide the services for which they were created to fund. Simply increasing the existing fees is not a long term solution. Expanding the fees to keep up with societal changes is a necessity. Services that rely on gas taxes, road funding, and 911 fees for emergency response service are suffering from the same fate: declining user fees. The decline in fees is not a reflection in the decline for the demand for services. It is a reflection of changing technology and industry. Gas taxes are declining for a number of reasons, but partly due to more fuel efficient vehicles. The fact that more of the gas taxes are being diverted from the highway funding formulas to fund State Police’s operating budget does not help road funding either. However, the overall dollars for the gas tax formula are declining due to more fuel efficient vehicles. These hybrid and fuel efficient vehicles are just as apt to use roads as gas guzzling cars of the past, but because gas taxes are still the main source of revenue for road funding they contribute less to road funding. Therefore, even an increase in the gas tax is not a long-term solution to declining revenue for road funding. The base for funding roads needs to be expanded to reflect these changes. Fees for 911 services are also on the decline. Again, it is not due to a decline in the demand for services but rather, the fee structure has failed to maintain an adequate funding stream. In fact, 911 calls are increasing due to the proliferation of cell phones and other communication devices. At one time, a car accident would result in one or two 911 calls. People would walk to the nearest business, residence or payphone and call 911, and that would be the end of the emergency calls. When the same accident occurs at an intersection today multiple people using cell phones report the same 911 services and gas taxes are in need of fee modifications due to advances in technology and societal changes. Continued on page 26 www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 7 Politics & Policy A State and Local Partnership – Difficult when it’s Money that Matters By Andrew Berger, Legislative Director [email protected] When the 2011 legislative session begins with a new General Assembly, most of the issues for county governments will remain the same. More funding is necessary for roads, bridges and other infrastructure. The state’s 911 system is unsustainable at current levels of revenue (down 30 percent in some counties); much less afford improvements in technology. While there are ways for local units of government to supplement the regular sources of funding, the major revenue decisions are made at the Statehouse, not at the local level. Asking one unit of government to raise revenue for the operations of another unit is always a difficult proposition. A great local example is the County Council’s problems when choosing to raise local income tax rates where a percentage is distributed to other local units. For integrated systems, such as roads, 911, and the courts, a partnership between the State and local units is essential but clearly does not avoid problems in getting enough dollars to support the level of service. Part of the difficulty results from the different messages the officials in these systems receive. For a county commissioner or highway director, their constituents may say, “Fix my road.” A state legislator may be hearing from their constituents, “Don’t raise the gas tax.” In this case both officials are being responsive to the public. But, since the state alone has authority to raise revenue necessary for these local responsibilities, it is not surprising that those services with both state and local responsibilities are facing some of the most serious funding shortfalls. have been made to make a similar change with the Indiana trial court system. The trend, however, is towards greater integration. Originally 911 was a locally driven service but, with changes to technology, evolved into an integrated system. The same holds true for all the local functions that now have to run through the DLGF. The State has an additional burden in these state and local partnerships when they attempt to develop mechanisms to deal with different means and needs around the state. The inherent problem of consolidation, that one size does not fit all, is difficult to overcome. The legislature can paint with a broad brush and accept an imbalance in impact around the state. The tax caps are a great example. The legislature can also develop a complex system to try and be responsive to as many local needs as possible. The distribution of gas tax revenue is a great example. While that may be fairer, it is complicated for state and local officials and totally incomprehensible for voters and taxpayers. If local units and the state legislature cannot arrive at the proper balance between service and revenue, state and local responsibilities, perhaps it is the voters who will be asked to step in and break the logjam. Increasingly, a voter in Indiana is called upon to make specific decisions with regard to their taxes and services. In November, many school districts around the state are asking their voters to accept property tax increases for school funding. Schools and other units will be requesting approval from the voters for capital projects. Are referenda for every type of revenue raising measure far away? On its face, an easy solution is to make these integrated systems all local or all state. The best example of a state takeover is child and welfare service that evolved from an entirely local function. Proposals 8 INDIANA NEWS 92 September/October 2010 Association of Indiana Counties Inc. www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 9 Politics & Policy Routing Electronic Documents in Your County By Sarah Nichols Rossier, Deputy Legislative Director [email protected] The Routing Electronic Documents workshop was a huge success at the 2010 AIC Annual Conference. Elected county officials and members of their staffs representing the Assessors, Auditors, Recorders, and Treasurers affiliates attended the seminar. The workshop was lead by Fidlar Technologies and featured speakers from the county recorders’, assessors’, and auditors’ offices. Howard County Recorder Linda Koontz and Allen County Recorder John McGauley both route documents electronically throughout the Assessor’s, Auditor’s and Recorder’s offices as required by document type. Ernest Riggen, President and CEO of Fidlar Technologies spoke about how electronic communication and filing within the county promotes interoffice collaboration. Riggen noted improved efficiencies in cost and time with the expansion of routing electronic documents. “Significant opportunities exist when offices in the county collaborate toward a common goal,” said Riggen. The progression of electronic filing and sharing among county offices motivates a response and opportunity to exceed the public’s expectations of county government. The goal of routing electronic documents is to improve the quality, integrity, and use of shared information throughout county administration. Allen County began electronically routing documents in September. The software is housed on the e-recording server. The Recorder’s office is the first step in the process. First, the document is reviewed; then if it is recordable, the Recorder accepts the document. If it is a deed or other document that requires predetermination by the Auditor or Assessor, it will be electronically queued to the respective office where it will be reviewed. Each document is color-coded to determine who needs to take the next step in the finalization process, which eliminates guess work and facilitates efficiency. www.IndianaCounties.org The electronic routing process in Allen County saves customers time by allowing them to submit documents in one-step, rather than visiting multiple offices, possibly saving them visits to a number of buildings. Since the Allen County Recorder’s office has gone paperless, it has saved three minutes per electronic filing. Over the course of e-recording Allen County has recorded 14,000 documents, saving the equivalent of 19 weeks of work time for one employee. Over the course of e-recording Allen County has recorded 14,000 documents, saving the equivalent of 19 weeks of work time for one employee. “As we are forced to streamline to reflect every county’s economic reality, the only way we can hope to make major gains in efficiency is through tools such as e-recording and electronic document routing,” said McGauley. On September 14, 2010 the Howard County Recorder, Assessor, and Auditor made history by being the first county offices to electronically process and record a deed. Virtual e-couriers, electronically submit documents to Howard County for filing. Through education, the Recorder’s office is helping submitters understand how electronic routing benefits them, in addition to the Assessor and Auditor. Electronic routing will allow county offices to optimize employee performance under budget constraints by saving 18 minutes per document in work time. As the economy grows and taxes shrink, governments must become leaner and more efficient. According to Koontz, electronic routing is the way to accomplish this, “There was a time when we were happy to hand our package off to the Pony Express, and then eventually we were pleased to put on a stamp and take the document to the post office. Today, we just scan it and hit send!” September/October 2010 INDIANA NEWS 92 11 News from the State Public Health Top 10 Essential Services By Gregory N. Larkin, M.D., Indiana State Health Commissioner Most Hoosiers know about David Letterman’s “Top 10” list. Many, however, may not be aware of public health’s 10 Essential Services. Unlike Letterman’s comedy, the 10 Essential Services are all equally important to the health and safety of Hoosiers. They are the standards by which state and local health departments determine if they are effectively addressing the needs of their residents. The responses to these questions, in both policy and action, determine how well local health departments are able to provide disease investigations, environmental health services, immunizations, restaurant inspections, and a myriad of other vital community services. And, they cannot do so effectively without the active support of county governments. Setting aside the formal language of the 10 Essential Services, in plain English, local health departments across Indiana are asking themselves the following questions as they work to promote and protect the health of their residents: For decades Indiana has trailed other states in developing a strong public health infrastructure and as a result, we continue to rank poorly in health outcomes when compared to other states. In the area of public health, Indiana has one of the smallest per capita workforces in the country, ranking 48th. The foundation of the needed infrastructure is a well-trained and well-staffed public health workforce. 1. What’s going on in my community? How healthy are we? 2. Are we ready to respond to health problems or threats in our county? 3. How well do we keep all segments of our community informed about health issues? 4. How well do we really get people engaged in local health issues? 5. What local policies in both government and the private sector promote health in my community? How effective are we in setting local health policies? 6. When we enforce health regulations, are we technically competent, fair and effective? 7. Are people in my community receiving the medical care they need? Adequate funding is, of course, a necessity. Equally important, however, is for local community leaders to set policy and create an environment in which the quality of public health services is valued as highly as excellence in public education or low crime rates. So, as we all face tough economic times, I ask you to keep in mind your local health department – and the residents you both serve. Your community is counting on you to help them provide these 10 Essential Services. Good health is good business, and the dollars you invest today in the health of your residents will more than pay for themselves in a healthier, safer community. For more, information visit www.statehealth.IN.gov. 8. How can we be sure that our public health staff has undergone the most recent training for officials? 9. What are we doing well? Where can we improve? 10. Are we discovering and using new and improved methods to get the job done? 12 INDIANA NEWS 92 September/October 2010 Association of Indiana Counties Inc. Stay informed. Let the AIC know your preferred mailing and email address, phone and fax number today. If you want your mail directed to a different address let us know! Also, the AIC frequently uses email to provide notices and updates to our members. Make sure we have your email on file so you can stay up to date. It’s Easy! Visit www.IndianaCounties.org to update your contact information Fax your contact information to (317) 684-3713 attn: Karen Avery. Email your contact information to Karen Avery at [email protected]. www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 13 On the Cover: Warrick County A Place of History and Wonder... Warrick County From the rolling farmland to the rolling river, Warrick County provides scenic beauty, recreation, one of a kind shopping opportunities and much more. Located on the Ohio River in southwest Indiana, Warrick County is bounded by Interstate 64 on the north and I-69 to the west, affording easy access to visit the county from anywhere in the state. History abounds in Warrick County and just off the square in Boonville is the Warrick County Museum, offering a glimpse of Warrick County: where we’ve been and how we got to where we are today. Boonville is proud of its Abraham Lincoln connection. Lincoln lived in the area growing up and would walk to Boonville to borrow law books and watch court sessions, earning Boonville the distinction of being “where Lincoln learned the law”. For those looking for Civil War era history, they need look no further than historic Newburgh where a quaint downtown shopping district is surrounded by stately 19th century homes. Be sure to mark the weekend before Halloween on the calendar for the Newburgh Ghost Walk. Stroll the streets and hear stories of the haunting and bump in the night happenings in the river town. Warrick County history goes back even further. Angel Mounds state historic site offers a glimpse of life around 1100-1500AD when the Mississippian Indians ounds at Angel M s ay D lived in the an ic Native Amer area. Native American Days in September feature 14 INDIANA NEWS 92 September/October 2010 Thresherman’s Park Cabins Association of Indiana Counties Inc. Miller’s 5 & 10 in Boonville Ohio River Lock and Dam demonstrations of the traditional way of life for the American Indians who inhabited the area. Just north of Boonville, visitors to Thresherman’s Park can step back in time upon entering the park’s one room school house, country church and train station. The Antique Steam & Gas Tractor Show in July offers a look at farm life around the late 1800s. A flea market provides an opportunity to find things you didn’t know you were looking for and the chance to sample the selection of food provided by local sellers. Pioneer Days in October is also an up close experience of years past. Learn about our forefathers’ way of life through the docent guides. Boonville houses the county seat of government and the majestic courthouse square. The Square is reminiscent of many counties with businesses facing the courthouse on all four sides. The businesses are as diverse as the county. For those who are looking for something distinctive, check out Miller’s five and dime store on the south side of the square. Miller’s is one of the last remaining five and dime variety stores and offers just about anything you may be shopping for but can’t find in the big stores. Shoppers who make their way around the courthouse square will find flowers and gifts, quilting supplies, antiques and so much more. Festivals of all kinds draw people to Warrick County. www.IndianaCounties.org The Newburgh Herb Festival signals the arrival of spring as gardeners from the area visit en masse to choose the best herbs and perennials for their gardens. The Newburgh Lockmaste r Cottage Newburgh Wine, Art s and Jazz Festival held each year in May attracts thousands of people to sample Indiana wines, listen to jazz music and visit the artist wares. Fall brings a nip in the air and the Newburgh Fiddler Fest which has been held every September for more than 30 years. This one of a kind event is a unique blend of bluegrass, country and modern music, and it serves up the best catfish around! Coal mining has been a county mainstay for more than 150 years. From the small underground mines that dotted the county during the early 1900s to the massive surface mining of modern day, coal continues to be a major industry in the county. Take a trip just west of Lynnville and tour the Coal Mining Museum. Learn about the manual labor of years past and the modern day operations to move coal to power the country. Outdoor sports abound in Warrick County. The lakes, September/October 2010 INDIANA NEWS 92 15 Warrick County Antique Steam & Gas Tractor Show ke Lynville La Wild Turkeys the streams and the Ohio River offer a wide variety of recreational fishing opportunities. Fishermen can find prime spots for catching large-mouth bass, bluegill, catfish and crappie. Or if you like just hanging out on the water, there are plenty of other watering holes for other water sports. Other outdoor enthusiasts may enjoy the many acres of wilderness that offer hunters great opportunities for bagging that prized deer or wild turkey. Warrick County is truly a hunter’s paradise. If you enjoy camping, whether in a primitive tent, a comfortable camper or a luxury cabin with all the amenities of home, you should look no further than Warrick County. Numerous camp sites and cottages are located throughout the county. You can be miles away from everyone or right in the middle of everything. Hiking, fishing, boating, and 16 INDIANA NEWS 92 September/October 2010 Bluegrass on the Ohio River swimming abound; your choice is limited only by your idea of camping. Whether you are looking for history, shopping, camping, hunting, or fishing or just getting away from a daily hectic schedule, Warrick County offers a wide selection of activities to meet everyone’s idea of a great place to spend a day, a weekend, a week or even a lifetime. Come see why we call Warrick County a great place to live, work and play. Submitted by Shari Sherman, Executive Director Warrick County Chamber of Commerce P.O. Box 377 224 W. Main St, Ste 203 Boonville, IN 47601 812-897-2340 www.warrickcounty.us Chamber Tourism Office 9 W. Jennings Newburgh, IN 47630 800-636-9489 Association of Indiana Counties Inc. First AIC food drive generates 2,000 pounds of food for Salvation Army THE STREN VOICES NY CONFERENCE WRAP UP H OF MA GT “We had to close twice in the last year because we simply ran out of food. So something like this – this time of year, especially at the end of summer – is exactly what we need to continue to help people.” – MAJOR BRIAN BURKETT Michigan City Salvation Army By Shawna Schwegman, Director of Planning and Professional Development [email protected] The AIC would like to thank all of those who attended, sponsored and donated time during the 2010 Annual Conference! Your participation made this a wonderful event, and the conference was a great success. We truly hope that all who attended will take back great information to their counties or new contacts for their companies. The LaPorte County Host Committee was such a great help to the conference and we appreciate all of their hard work. As the largest gathering of county officials and county employees in the state, the AIC’s Annual Conference provided attendees with the opportunity to visit with old friends and make some new ones during three days of exchanging ideas, workshops and social events. We really appreciate all the enthusiasm that was generated by the canned food drive. We generated 2,000 pounds of food for the Michigan City Salvation Army! We will see everyone next year in Allen County for the 2011 Annual Conference. www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 17 THE STREN VOICES NY H OF MA GT CONFERENCE WRAP UP Conference Sponsors (Includes Golf Outing) Platinum ($4500 +) Ice Miller LLC Manatron, Inc. Nationwide Retirement Services Gold ($2500 - $4400) Beam, Longest and Neff, LLC London Witte Group, LLC Tyler Technologies/CLT Division Umbaugh Silver ($1500 - $2400) Apex Benefits Group Barnes and Thornburg Boyce Systems Casino Association of Indiana Crowe Horwath LLP IN State Building & Construction Trades Council Krieg DeVault LLP MAXIMUS, Inc. SRI, Inc. Wolfe Receives AIC’s Highest Honor: Himsel Award The Association of Indiana Counties (AIC) has named Gibson County Councilman Tony Wolfe as the 2010 Himsel Award winner. The Arthur R. Himsel Award is the AIC’s highest honor and is named for an individual who dedicated his public career as a Hendricks County Commissioner. Himsel was also one of the AIC’s founding members. For many years, Himsel served as Indiana’s representative on the National Association of Counties (NACo) Board of Directors. Since the inception of the Himsel Award in 1984, it has been given to an elected county official who has served the interest of county government through involvement with the AIC. The award was presented during the AIC Annual Conference, the largest gathering of county officials in the state. The conference was held in LaPorte County September 27 – 30 and included meetings designed specifically for each elected county office. Tony Wolfe has been a member of the Gibson County Council for more than 10 years, serving as president of the council in 2009. In 2007, he was named County Councilman of the Year by his fellow county council members across Indiana. Wolfe is an active member of the Association of Indiana Counties for which he serves on the Legislative Committee and has served on the Board of Directors. Wolfe enjoys speaking in both urban and rural communities on agriculture issues and property taxes. He has spoken to thousands of people during the last several years about re-assessment, tax restructuring and the political implications of tax law in Indiana in a presentation called “Property Tax 101.” Bronze ($500 - $1400) Baker and Daniels Bank of New York Trust Company Bernardin Lochmueller and Associates Bingham McHale LLP Capital Recovery Systems, Inc. CHASE Christopher B. Burke Engineering, Ltd. Doxpop Fidlar Technologies Government Utilities Technology Service, Inc. Harris & Harris, Ltd Low Associates, Inc. Nexus Group PNC Bank STAR Financial Bank Taft Stettinius & Hollister LLP Tax Management Associates, Inc. Vectren XSoft Gibson County Councilman Tony Wolfe (c) receives Himsel Award from 2009 Himsel Recipient Kenton Ward (l), Hamilton County Surveyor and AIC President Sara Arnold (r), Spencer County Assessor. 18 INDIANA NEWS 92 September/October 2010 Association of Indiana Counties Inc. THE STREN VOICES NY CONFERENCE WRAP UP H OF MA GT 2010 County Awards Announced COUNTY ACHIEVEMENT AWARD Although several applications were received, the AIC awards committee chose two counties this year to receive the County Achievement Award. Allen County was chosen for the creation of a county strategic plan. Whitley County was selected as the second recipient for its citizen-friendly website LOCAL GOVERNMENT COOPERATION AWARD Just one Indiana County was awarded the 2010 Local Government Cooperation Award. Hendricks County was chosen for its efforts to attract economic development through the partnership with the Town of Monrovia in Morgan County to provide water treatment services for the I-70 and State Road 39 interchange. Allen County – County Strategic Plan AIC President Sara Arnold presents award to Allen County Officials Nelson Peters (Commissioner), Linda Bloom (Commissioner), Therese Brown (Clerk of the Circuit Court), Sue Orth (Treasurer) and Bill Brown (Commissioner). Whitley County – Citizen-Friendly Website AIC President Sara Arnold (r) presents award to Whitley County Commissioner Michael Schrader (l) and Councilman Kim Wheeler (c). Hendricks County – Sewer Service Economic Development Project AIC President Sara Arnold presents award to Hendricks County Commissioners David Whicker, Eric Wathen and Phyllis Palmer. For more information on the individual projects, visit www.indianacounties.org and click on “County Awards and Best Practices” in the Quick Links section. You may also view the awards video presentations from each project by visiting www.aicpodcast.org/video. www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 19 THE STREN VOICES NY H OF MA GT CONFERENCE WRAP UP 2010 Outstanding County Officials Announced Congratulations to the 2010 Outstanding County Officials! The award winners below were nominated by their affiliate organizations for providing effective leadership and other important contributions to county government. The awards were presented during the annual awards banquet at the AIC’s Annual Conference in September. Assessor: Debbie Folkerts – Hamilton County AIC President Sara Arnold (r), Spencer County Assessor and Assessors’ Association President Judy Sharp (l), Monroe County Assessor present award to Debbie Folkerts (c). Coroner: John Cox – Benton County AIC President Sara Arnold (r), Spencer County Assessor presents award to John Cox (l). 20 INDIANA NEWS 92 September/October 2010 Auditor: Bill Borne - Adams County AIC President Sara Arnold (r), Spencer County Assessor presents award to Bill Borne (l). Council: Judy Levine – Hamilton County AIC President Sara Arnold (r), Spencer County Assessor and Council Association President Linda Sanders (l), Shelby County Council present award to Judy Levine (c). Association of Indiana Counties Inc. THE STREN VOICES NY CONFERENCE WRAP UP H OF MA GT Recorder: Jennifer Hayden - Hamilton County AIC President Sara Arnold (r), Spencer County Assessor and Recorder’s Association President Martha Breeze (l), Posey County Recorder present award to Jennifer Hayden (c). Surveyor: Chris Knochel - Newton County AIC President Sara Arnold (r), Spencer County Assessor and Surveyor’s Association President David Gaston (l), Hendricks County Surveyor present award to Chris Knochel (c). Treasurer: Kim Good - Hamilton County AIC President Sara Arnold (r), Spencer County Assessor presents award to Kim Good (l). Highway Engineer: Opal Kuhl - Tippecanoe County Engineer AIC President Sara Arnold (r), Spencer County Assessor and Highway Association President Tom Kouns (l), Boone County Highway Supervisor present award to Opal Kuhl (c). Not pictured: Clerk of the Year Fran Satterwhite Thanks to everyone who attended the 2010 Convention! Highway Superintendent: Neal Haeck - Marshall County Highway Superintendent AIC President Sara Arnold (r), Spencer County Assessor and Highway Association President Tom Kouns (l), Boone County Highway Supervisor present award to Neal Haeck (c). www.IndianaCounties.org See you next year in Allen County at the Grand Wayne Convention Center! September/October 2010 INDIANA NEWS 92 21 DIPLOMA Graduates AIC Professional Development Program Graduates 32 Indiana County Officials The Association of Indiana Counties (AIC) has awarded 32 certificates to county officials for completing requirements in the AIC DIPLOMA program, an ongoing professional development program established in 1993. The AIC is dedicated to assisting county government officials and employees in becoming more efficient, solving tough problems, and finding the resources they need to serve their constituents well. The AIC believes that education is the beginning of any successful endeavor, especially within the public service sector. To learn more about the AIC’s professional development program visit www.indianacounties.org. Here’s what your colleagues have said about the AIC DIPLOMA program. “The DIPLOMA courses offered by AIC have proven to be invaluable to me in learning to be the best County Councilman I can be. The courses range from basic to topical and the presenters are experts in their fields. AIC’s DIPLOMA classes are a great tool for those of us serving in county government.” – Liz Morris, Dearborn County Council “It has helped me be a better decision maker and elected official. I have learned something from every class I have taken to help me in my job.” – Angie Lawson, Owen County Auditor “To be an effective county official, you need comprehensive knowledge of the functions of county government. The AIC Diploma courses I have completed have provided me with practical information on so many topics.” – Jane A Grove, Randolph County Recorder “When you are elected to a position in county government for the first time, you are thrust into a job that has many unfamiliar duties. The DIPLOMA classes offer county officials from all backgrounds much needed guidance that not available anywhere else.” – Nancy Hawkins, LaPorte County Treasurer THE FOLLOWING ARE THE FOUR TYPES OF CERTIFICATES THAT ARE AVAILABLE: • DIPLOMA - To earn an AIC DIPLOMA certificate, the student must accumulate 30 credit hours of AIC DIPLOMA courses. 25 of these credit hours must be from full day courses and must include the three CORE courses. Students have two consecutive years to complete the 30 hours • Continuing Education - Because education is a never-ending process, we have many people who continue their participation in the DIPLOMA program. Students who earn Continuing Education certificates must have previously earned an AIC DIPLOMA and completed 20 hours of additional DIPLOMA courses within one calendar year. • Lifetime Achievement - This award recognizes those individuals who have accrued at least 240 total credit hours since the inception of the program in 1993. • Certified County Official - The requirements are based on the DIPLOMA certificate which requires the accumulation of 30 credit hours in two consecutive years. This designation is recognized and accredited by Ivy Tech Community College. 22 INDIANA NEWS 92 September/October 2010 Association of Indiana Counties Inc. 2010 DIPLOMA PROGRAM GRADUATES DIPLOMA & Certified County Official from Ivy Tech Kimberly Anderson – Newton County Clerk Sandra Beatty – Bartholomew County Chief Deputy Auditor Pamela Beneker – Franklin County Recorder Martha Breeze – Posey County Recorder Pat Brooks – Warrick County Recorder Laura Brown – Vanderburgh County Chief Deputy Recorder Queenie Evans – St. Joseph County Human Resources Director Sylvia Graham – Porter County Council Barbara Hackman – Bartholomew County Auditor Nancy Hawkins – LaPorte County Treasurer Craig Hinchman – LaPorte County Auditor Joseph Hoffman – City of Madison Plan Commission Lorie Hurst – Fulton County Treasurer Debra Jenkins – Marion County Surveyor Susan Jones – Franklin County Auditor Ron Love – Hendricks County Human Resources Director Peggy Mayfield – Morgan County Clerk Pamela Mishler-Fish – Porter County Clerk Liz Morris – Dearborn County Council Melody Price – Boone County Auditor Tony Reitenour – Hamilton County Section Corner Technician, Surveyor’s Office Jo Ann Stewart – Wayne County Clerk Tom Stevens – Hancock County Commissioner Robert Street – Hamilton County Engineer Technician, Surveyor’s Office Suzanne Verwold – Hendricks County Human Resource Assistant Martha Wooldridge – Perry County Treasurer Continuing Education – Level 1 Phillip Dotson – St. Joseph County Recorder Julie Fox – Marshall County Clerk Angie Lawson – Owen County Auditor Sharon Miller – Newton County Council Connie Smith – Ohio County Auditor Platinum Masters Jane Grove – Randolph County Recorder Legislative Affairs DIPLOMA Class November 16, 2010 9AM to 3PM Indiana History Center 450 West Ohio Street Indianapolis, IN 46202 Pictured in photo left to right are in the front row are: Angie Lawson, Owen Co.; Martha Breeze, Posey Co.; Pat Brooks, Warrick Co.; Sandy Beatty, Bartholomew Co.; Debra Jenkins, Marion Co.; Peggy Mayfield, Morgan Co.; Back row left to right are: Jane Grove, Randolph Co.; Jo Ann Stewart, Wayne Co.; Pamela Mishler Fish, Porter Co.; Liz Morris, Dearborn Co.; Julie Fox, Marshall Co.; Phillip Dotson, St. Joseph Co.; Kimberly Anderson, Newton Co.; Laura Brown, Vanderburgh Co.; Sylvia Graham, Porter Co.; Barbara Hackman, Bartholomew Co.; Lorie Hurst, Fulton Co.; Pam Beneker, Franklin Co.; Sue Paris, Bartholomew Co. (DIPLOMA Administrator); Sara Arnold, Spencer Co. (AIC President). www.IndianaCounties.org This DIPLOMA class is being held in conjunction with the Indiana General Assembly’s Organization Day. Following the DIPLOMA class, attendees will be encouraged to go to the Indiana Statehouse to meet their legislators and discuss county government issues. Register online at www.indianacounties.org September/October 2010 INDIANA NEWS 92 23 Legal Insight Can’t I just get a loan from the bank? By Karen Arland and Lisa Lee, Ice Miller, LLP “Can’t I just get a loan from the local bank?” This is a question that AIC staff and county attorneys throughout the State hear on an almost weekly basis. Counties face tremendous fiscal challenges, from funding payroll to paying for the new highway department truck that was ordered six months ago. Nearly every county finds, at some point or another that it needs to borrow money, but everyone wants to avoid issuing bonds. Regardless of whether the county is “getting a loan from the local bank”, signing a promissory note, issuing bonds or bond anticipation notes, it is still borrowing money. The proper structuring of that borrowing, regardless of its name, can save county officials frustration, possible embarrassment, and in some cases, prosecution for official misconduct. Many counties assume that the general corporate power to borrow money under IC 36-1-4-9 is sufficient authorization to go to the local bank for a loan. However, the general corporate power, standing by itself, is not sufficient to provide the procedures that the county must follow. IC 36-1-3-6(a) (the Home Rule Statute) provides that if there is a constitutional or statutory provision requiring a specific manner for exercising a power, a county wanting to exercise the power must do so in that manner. The General Assembly has enacted numerous statutes requiring a county to act in a specific manner when it desires to borrow money, and a county wishing to borrow money must comply with those statutes. IC 36-2-6-18-20 contain the provisions that generally apply to counties when they are borrowing money to obtain funds to be used by the county in the exercise of its powers and for the payment of county debts. In order to obtain a loan (from any source) and issue bonds, tax anticipation warrants or notes to repay that loan, the county must first adopt an ordinance. The ordinance must state the purpose for which the bonds are being issued and include the terms of the bonds to be issued in evidence of the loan; in other words, the conditions under which the county will borrow the money, including the maximum amount of time for which the loan will be outstanding (which cannot exceed 20 years), what revenue source the county 24 INDIANA NEWS 92 September/October 2010 will use to repay the loan, how frequently principal and interest payments on the loan will be made, what interest rate applies to the loan, whether the county can pay off the loan early (and if so, whether there are any prepayment penalties) and other similar terms. The ordinance must also contain information as to the time and manner in which the county will give notice of the bond sale; and the manner in which the bonds will be sold. Loans obtained pursuant to this section generally require a competitive sale of the bonds for which notice is given in accordance with IC 5-3-1 (see IC 5-1-11). Even though this statute authorizes a county to borrow money for up to 20 years, there is nothing that requires the county to actually borrow money for any specific period. A county could borrow money for one year (or less), or two, or five or 10 under this provision. Depending upon the source of repayment for the bonds, other procedures may also apply. If the loan is to be repaid with property taxes, other statutes may also govern the procedures under which the loan may be obtained, including IC 6-1.1-20 (the petition and remonstrance and referendum processes). If the loan is to be repaid with local income tax revenues (COIT, CAGIT or EDIT), the county will need to comply with those respective statutes. IC 36-9-41 permits a county to borrow the money necessary to finance a public work project costing not more than $2 million or a “government efficiency” project costing not more than $3 million from a financial institution in Indiana by executing a negotiable note. A public work project is a project for the construction of any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds. A government efficiency project is a project necessary or useful to carrying out an interlocal cooperation agreement entered into two or more political subdivisions or governmental entities or a project necessary or useful to the consolidation of local government services. IC 36-9-41 does not specify whether a county must adopt an Association of Indiana Counties Inc. ordinance or resolution, but because a county is required to adopt an ordinance to borrow money under virtually every other statute, including IC 36-2-6-18, it would be well advised to adopt an ordinance. Unlike a borrowing conducted under IC 6-1.1-20, the county must obtain the approval of the DLGF before it may borrow funds under this statute. A county that desires to issue a note under this chapter is required to publish a notice of its determination to borrow the money, and 10 or more taxpayers may file a petition objecting to the borrowing. If an objection is filed, the DLGF will conduct a hearing, and issue a determination as to whether the borrowing should be allowed. Assuming there are no objections, or that the DLGF finds in favor of the county, the borrowing can go forward. The county must repay the note, over a term not exceeding 10 years. The note is payable each January 1 and July 1 from property taxes, beginning with the next January 1 or July 1 following the first tax collection for which it is possible for the county to levy a tax. (If a note is issued in August of 2011, the first payment would be due on July 1, 2010.) The county must obtain the approval of the DLGF before it can levy the property tax or issue the note, and the note must be sold at a competitive, public sale. Because the maximum cost of the project to be financed with the note is $2 million, the project may qualify for an exception to the petition/remonstrance and referendum processes under IC 6-1.1-20, although the county should check with its financial advisor to determine which process, if any, will be applicable to such a note borrowing. In addition to these general proceedings, there are dozens of statutes that authorize other kinds of borrowing, including, but by no means limited to, redevelopment districts, storm water districts and park districts. The local bank may require additional documentation from the county before it will lend money; most banks expect to receive an opinion that the county has the legal authority to borrow funds, and that the borrowing is being done on a tax exempt basis. Before a county seeks a loan from the local bank, it should confirm what additional information the local bank will need. Most counties also find it helpful, when preparing to borrow money, to enlist the services of their financial advisor, to assist them in structuring the financing and repayment schedule and negotiating the terms of the borrowing with the local bank. In short, although it might be very attractive to simply “get a loan from the local bank”, the county must comply with certain basic procedures to borrow money – even from the local bank. Ice Miller LLP serves as general counsel to the Association of Indiana Counties. If you have any questions concerning the procedures that apply to a particular borrowing, please feel free to call Lisa Lee at (317) 236-2268. SRIINCORPORATED Helping Counties Solve Problems Since 1989 ◆ Tax Sales ◆ Internet Sales ◆ Certificate Sales ◆ Deed Sales ◆ Surplus Property Sales ◆ Sheriff Sales ◆ Property Assessment-to-Tax Billing Consulting www.sri-taxsale.com ◆ 800-800-9588 www.IndianaCounties.org September/October 2010 INDIANA NEWS 92 25 Professional Services Directory Software for Indiana Government l Financial l Payroll l Property Tax l License Excise Tax (DLGF Certified) (800) 822-0569 Fax: (574) 233-4706 www.lllow.com Continued from page 7 accident and each call has to be answered. Not every call results in a new dispatch but still, every call must be answered. The user fee for 911 services was once strictly the Local Access Networks (LAN lines) with a rate that was established by local officials. The cell phone rate was established by the state to help fund 911 services and the industry’s need to comply with federal regulations. However, hard line phones are a dying breed of communication so simply increasing the rates on those devices is not a long-term solution. In 2007, there was a 14 percent decrease in the number of LAN lines and the trend is continuing. All communication devices, that is any device that can contact 911 for an emergency response, should be required to help fund 911 services. Providing preferential tax treatment to certain types of devices over others has facilitated the funding shortfall and is threat to providing 911 services. Other revenue sources need to be tapped to fund these two vital services provided by county government. With general operating funds being limited through legislation and the economy, expanding the user fees is becoming a necessity. 26 INDIANA NEWS 92 September/October 2010 Stay informed. Let the AIC know your preferred mailing and email address, phone and fax number today. If you want your mail directed to a different address let us know! Also, the AIC frequently uses email to provide notices and updates to our members. Make sure we have your email on file so you can stay up to date. It’s Easy! Visit www.IndianaCounties.org to update your contact information Fax your contact information to (317) 684-3713 attn: Karen Avery. Email your contact information to Karen Avery at [email protected]. Association of Indiana Counties Inc. Decisions You make a lot of tough decisions as a county official. Here is one made easier. Choose a Bliss McKnight insurance and risk management program for your county. 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