State to Clark County: Not so fast

Clark County

Discussion

August 15, 2012

State to Clark County: Not so fast

DLGF nixes Clark rate increases on procedural grounds

By MATT KOESTERS matt.koesters@newsandtribune.com The News and Tribune Wed Aug 15, 2012, 06:01 AM EDT

JEFFERSONVILLE — Rate increases to two funds passed by the Clark County Commissioners on July 26 have been denied by the Indiana Department of Local Government Finance.

Had the DLGF approved the increases, the rate on the cumulative capital fund would have increased from $0.018 to $0.033 per $100 assessed valuation, and the cumulative bridge fund’s rate would have increased from $0.008 to $0.05 per $100 assessed valuation.

DLGF Commissioner Brian E. Bailey wrote in a letter to the commissioners denying the rate increases that per Indiana Code, “a political subdivision that in any year adopts a proposal under [IC 6-1.1-4-14] must submit the proposal to the Department of Local Government Finance before Aug. 2 of that year.”

“The county failed to provide the department with proof of publication of a notice of adoption before Aug. 2, 2012,” Bailey wrote. “Thus, the county’s proposal was not timely filed with the department and is denied on procedural grounds.”

It is not known if or when the commissioners filed proof of publication of a notice of adoption with the DLGF. County attorney Greg Fifer did not return phone calls seeking comment.

However, it does not appear that the commissioners are going to let the rate increases go without a fight.

“It’s our belief that we did everything correctly,” Commissioner John Perkins said. “They have misinterpreted the statutes, and we feel that it’s going to be rectified.”

When asked how the commissioners planned to get the rate increases approved, Perkins said, “I’m not at liberty to say right now.”

The commissioners increased the rate on the cumulative bridge fund shortly after the release of a bridge inspection report that called for the immediate replacement of two bridges at the total cost of $2.7 million.

“Obviously, if you don’t have monies to correct some of the deficiencies in the bridges ... then there’s the possibility that — we’ll do all we can do with what we have — it may become necessary to close bridges if they get to that point,” Perkins said.

“We’ll just have to be more conservative with what we pay, what bills we pay from the council,” Board President Les Young said. “They’ll just have to come up with more money.”