But Council Vice President Brian Lenfert pointed out that any mandate would be decided by a judge, and that the council could not make promises when a judge would be making the decision. County Council Attorney Scott Lewis added that discussing a potential lawsuit is improper because the discussion in a public meeting could affect the outcome of the case.
The council is also looking for relief from the state. As the county has been awaiting a ruling from a case between Clark County and the Indiana Department of Local Government Finance in Indiana Tax Court since February 2012, the council voted unanimously to authorize sending a letter to Statehouse legislators from Clark County asking that they support the DLGF and Clark County entering mediation to discuss restoring the county’s levy to its 2007 level.
The county had asked the DLGF for a levy increase in 2010, which the DLGF denied. The county appealed in 2011.
“This is going to go on ad infinitum until the levy is where it needs to be,” Perkins said.
The council unanimously approved an emergency appropriation from the cumulative capital fund for the third-quarter payment of workers’ compensation and general liability premiums that the commissioners approved April 28.
The commissioners vowed at that meeting not to take similar action again.
The council also approved additional appropriations from cumulative capital for contract services provided by accountant Jill Oca and Tidal Basin, both of whom were contracted to work on getting reimbursements for emergency spending stemming from the March 2012 tornadoes through the Federal Emergency Management Agency. Oca’s bill was $6,000, while Tidal Basin’s fee was $75,000, with a separate bill of $56,000 paid out of the tornado emergency fund.
Lenfert asked Perkins if the commissioners were happy with Tidal Basin’s work. Perkins said no, and that if he could go back and do it again, he would not hire Tidal Basin, as Oca and River Hills Executive Director Jill Saegesser did “95 percent of the work.”
The council also approved a $15,000 additional appropriation from the landowners liability fund to pay American Legal Publishing for codifying ordinances.