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Association of Indiana Counties Inc.101 West Ohio Street, Suite 1575Indianapolis, Indiana 46204-2051

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IndIana neWS 92Volume 18 Number 4 July/August 2012

Greene County

More than just small-town life.

ATLANTA CHICAGO DeLAwAre INDIANA LOS ANGeLeS mICHIGAN mINNeApOLIS OHIO wASHINGTON, D.C.

Fired up.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 is passionate about assisting many county officials 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

You can’t teach that kind of passion. But when you come to us for advice, you can certainly expect it.

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elkhart574-293-0681

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Indianapolis317-236-1313

South Bend574-233-1171

Features 5 Drought Highlights Need for Local Control But

Creates New Public Policy Questions By David Bottorff

6 Fireworks Ban and Home Rule By Andrew Berger

8 Don’t Let Social Media Myths Keep You From Reaching Your Constituents By Danielle Coulter

10 On the Cover: Greene County More Than Just Small-Town Life.

16 Interlocal Agreements for Services By Thomas K. (“Buddy”) Downs, Ice Miller LLP

Extras14 Pike County Receives NACo Award

For Prescription Drug Program Growth

18 Professional Services Directory

CalendarSEPTEMBER11 Clerks’ Southern Fall District Meeting –

McCormick’s Creek State Park, Owen County

24 AIC Board Meeting (Joint Meeting with Legislative Committee at Annual Conference)

23-26 AIC Annual Conference – JW Marriott, Indianapolis

NOvEMBER20 AIC Institute Class – Legislative Affairs (Organization

Day, Statehouse)

21 AIC Board Meeting

27-29 IACC Annual Conference – Sheraton Keystone at the Crossing, Indianapolis

DECEMBER14 AIC Board Holiday Luncheon

Vol. 18 Number 4 July/August 2012

Greene County Cornfields

Bird watching group at Goose Pond Fish and Wildlife Area

What’s Inside

www.IndianaCounties.org July/August 2012 INDIANA NEWS 92 3

The official magazine of Association of Indiana Counties, Inc.

101 West Ohio Street, Suite 1575Indianapolis, Indiana 46204-2051

(317) 684-3710 FAX (317) 684-3713

www.indianacounties.org

Karen Avery, Editor

OFFICERSPresident: Therese Brown, Allen County Commissioner

First Vice President: Penny Lukenbill, Marshall County Auditor

Second Vice President: Jeff Quyle, Morgan County Council

Third Vice President: Al Logsdon, Spencer County Commissioner

Treasurer: Jane Grove, Randolph County Treasurer

STAFFDavid Bottorff, Executive Director [email protected]

Andrew Berger, Director of Government Affairs & General Counsel [email protected]

Danielle Coulter, Deputy Director of Government Affairs [email protected]

Karen Avery, Director of Public Relations [email protected]

Shawna Schwegman, Director of Planning & Professional Development [email protected]

Alicia Ramer, Finance & Business Development Coordinator [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, non-profit 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: AIC101 West Ohio Street, Suite 1575Indianapolis, IN 46204-2051

INDIANA NEWS 92new this year...The conference will begin on Sunday.

Mark your calendars!

Register online at www.indianacounties.org

4 INDIANA NEWS 92 July/August 2012 Association of Indiana Counties Inc.

The Director’s Chair

Firework bansIn late June and early July, ordinances banning open burning and personal fireworks were a hot topic and an issue many commissioners never had to consider before this summer. The issue highlighted the need for local control in unique and unforeseen circumstances. However, it also brought to the forefront how the local control issue needs a broader review.

The historic drought presented unforeseen circumstances that caused local officials to act quickly for the safety of their residents. Commissioners had to balance the desires of small businesses that sold fireworks with the public safety needs of the community. For many small businesses, fireworks sales are a major part of their revenue. There was uncertainty if a ban passed by county commissioners included the incorporated areas or just the unincorporated areas. It is a question that needs to be clarified for citizens and local units of government. According to the state’s homeland security information, 89 counties adopted either burn bans and/or personal fireworks bans sometime during the summer.

Limitations on water UsageAs the drought continued, local communities began to restrict water usage for lawn watering and other personal outdoor uses. The General Assembly dipped its toes into this water issue over aquifers. Control of aquifers was discussed during the 2012 session through SEA 132, a new law indicating aquifers are not watercourses for

purposes of municipal regulation. As this bill was being discussed, it highlighted the need for further review of the water controlling authorities.

Like the fireworks ban, limiting water usage created another public policy question. Since many communities get their water from the same source, it is important to consider what happens when one entity passes water usage restrictions while citizens in another jurisdiction may not be limited. Should a personal well ever be limited by a government entity? Obviously bodies of water may travel through multiple units of government. Access to water can be important for economic development.

When attending meetings with county officials from some of the western states, I have heard about the intricacies of water wars between local units of government, ranchers and residential neighborhoods. Rarely do all parties achieve all their objectives during these discussions.

Indiana needs to take a broad review of water control issues. Perhaps nothing needs to change with the current laws; however, a discussion on the issue is warranted and our states to the west could be a good resource. Reportedly the drought, the worst to hit most of Indiana in 100 years, has created new hardships and new public policy questions. The effects of the drought on the economy may be hard to calculate but it is impacting many businesses, farmers, individuals and local units of government.

Drought Highlights Need for Local Control But Creates New Public Policy QuestionsBy David Bottorff, Executive Director | [email protected]

Stay Connected. Follow the AIC on Twitter and Facebook!


The decision by many counties, cities and towns to ban the use of personal fireworks during the record drought impacting much of Indiana was a common sense reaction to a potentially serious situation. While many localities routinely issue burn bans when conditions warrant that action, the conditions during the summer of 2012 have required more comprehensive control on sources of damaging fire. Bottom line: Fire departments and other emergency personal whose budgets are already under stress did not need to risk having to chase down a profusion of fires set by the use of personal fireworks. It was not a debate on the actual merits of a fireworks ban that garnered the most attention. Most people realize that explosives and tinder-dry conditions do not mix. It was, rather, a debate over the authority local governments could exert that drew attention.

Politics & Policy

Fireworks Ban and Home RuleBy Andrew Berger, Director of Government

Affairs & General Counsel

[email protected]

Bottom line: Fire departments and other emergency personal whose budgets are already under stress did not need to risk having to chase down a profusion of fires set by the use of personal fireworks.


The controversy stems from a provision in statute that restricts fireworks ordinances during the days around Independence Day and New Year’s Eve. IC 22-11-14-10.5 allows local ordinances restricting the use of personal fireworks but specifically not on those dates or times surrounding those two holidays. The statute also states that a county ordinance under this section would apply to the unincorporated areas of a county and a municipal ordinance would apply to the corporate limits of the municipality.

This statute runs contrary to other more general authority usually granted to local units of government. Most prominently, the Home Rule Act, IC 36-1-3, gives local government broad authority to adopt local ordinances needed “for the effective operation of government as to local affairs.” Counties and municipalities have general authority under IC 36-8-2-4 to regulate possession or use of property that “might endanger the public health, safety, or welfare.” The governor and local units also have authority under IC 10-14-3 to use emergency powers during disasters, which can include a drought.

What matters here is context. If a fireworks regulation is viewed in the context of a building or safety regulation, then a local unit cannot prohibit the use of personal fireworks on those specified dates. If, however, the ordinance is viewed in the context of an emergency or disaster response where public safety and property are at risk, then a local unit can prohibit the use of those fireworks.


The majority of elected officials at the federal and state levels have incorporated the use of social media into their everyday repertoire, but it seems that social media is still being underused by officials on the local level. Perhaps this is due to several common myths about social media, which are understandably worrisome but mostly untrue. By identifying these myths and explaining what action you can take to combat such misconceptions, this article will hopefully give you the confidence you need as a local elected official to begin reaching out to your community via social media.

myth #1 – sociaL media reqUires a Lot oF time and Upkeep.Social media can be as easy to maintain as you want it to be. While Twitter is a social site that offers little general information about you and requires more regular upkeep from you in the form of “tweets” (messages of 140 characters or less), other social sites such as Facebook and LinkedIn can help you establish a “page” or “profile” in which you can add contact information and hours of operation for your office, a general background about yourself, and items such as online articles or presentations. Many smartphones today have “apps” for popular social media sites such as Twitter and

Don’t Let Social Media Myths Keep You From Reaching Your ConstituentsBy Danielle Coulter, Deputy Director of Government Affairs | [email protected]

Politics & Policy

The Association of Indiana Counties has partnered with ProLiance Energy to provide natural gas services to its members.

ProLiance Energy is a full-service natural gas marketing

company that purchases natural gas from a variety of supply

basins and transports the natural gas on many different pipelines

to provide competitively-priced natural gas to its customers. This

same economy of scale purchasing strategy will greatly benefit the

members of the Association of Indiana Counties.

Aic Developing Natural Gas Program to Provide counties With Savings Opportunities!

How Can We Help?

Send the AIC your county’s natural gas bills (from July 2010 – June 2011) for all county-owned property

volunteer to join the Advisory Committee which will oversee the program

For more information, contact david bottorff at (317) [email protected]


Facebook, allowing you to conveniently post new information at the touch of a button. And thanks to new tools such as Hootsuite and even ones available through popular social sites such as Twitter and Facebook, you can link multiple different social sites to each other so that when you post a new message on one social site, all of them are simultaneously updated.

myth #2 – sociaL media won’t reach oUt to many oF my constitUents, so it’s a waste oF time.While social media may not be widely adopted by the older generations, it is no doubt that it has become a regular form of communication for young and even middle-aged constituents today. With newspaper subscriptions on the decline and busy schedules preventing more people from attending town halls and other meetings, many constituents now seek social media as a primary news source for their communities. While you may be reaching out to only a smaller number of your constituents this way, having a presence on social media shows that you are embracing modern technology and willing to share news with them in an immediate fashion.

myth #3 – sociaL media coULd open me Up to a new Form oF attacks and scrUtiny.Just like a radio interview sound bite from you or a newspaper quote from you, messages posted by you on social media can certainly be scrutinized or taken out of context; the key is to exercise caution in what you say, and to be aware that with social media, anything you post online is forever. The other important thing to remember is to be yourself – social media allows you to “speak” directly to your reader, so by allowing your personality to show through, people are more likely to respect what you have to say when they know it’s genuine.

Putting yourself out in the social media realm can actually help ward off some misinformation or personal attacks, if you approach it in the right way. Facebook pages and Twitter accounts can be created by anyone and do not necessarily have to be verified (i.e., prove that they were created by the person or persons that are named on the account), so if you don’t establish a Facebook page or Twitter account first for yourself or your county office, it is possible that someone else might do it for you – resulting in the posting of inappropriate messages Continued on page 18


On the Cover: Greene County

Greene County

More than just small-town life.

Roseate Spoonbill

Sculpture Trail

Look no further for a great one-day road trip, a new location for business expansion or a family-friendly spot for a get-together. Greene County’s small town atmosphere offers true Hoosier hospitality, making visitors feel immediately at home. Here, visitors can

enjoy a slower pace. There’s time to listen to the birds and crickets and revel in the pristine beauty of the rolling Indiana hills. Greene County offers nature’s majestic splendor from the rows of corn dancing in the summer breeze to the twinkling of an endless sky of stars.

The state’s third largest county offers unique experiences from east to west. Outdoor recreation, arts and culture and small town festivals are just a few of the many opportunities Greene County has to share. A family-focused community allows children to play fearlessly in the parks, splash and swim at the community pools and participate in one of the largest 4-H livestock fairs in the state.

Nestled in South Central Indiana, Greene County offers those wishing to step out of today’s high tech, overly-connected world the serenity of a quiet space, with larger metropolitan areas still in reach, just a short drive away. With access to six institutions of higher education, the county offers a low-key

lifestyle that lies just outside of the fast pace of the big cities. Greene County encourages you to disconnect for a short time and then reconnect … on your schedule.

Goose Pond Fish and Wildlife Area is fast becoming a mecca for bird lovers from around the world. With 8,000 acres of restored wetlands, Goose Pond has led the state consecutively for four years in the variety of species documented in the annual Audubon Christmas Bird Count. Hundreds of wetland birds, in addition to a few rare visiting species or birds that have never been seen in the state before, such as the Asian Crane and the Roseate Spoonbill, have been recorded. An anticipated visitor’s center will provide conservation education to the growing visitor population. Shakamak State Park, Greene-Sullivan State Forest and Redbird State Recreation Area provide families with acres of opportunities to hike. Fishermen can enjoy hundreds of stocked lakes, and there’s plenty of game for hunters.

Tulip Trestle, an engineering feat and one of the longest railroad trestles, is a must-see for railroad buffs. Still in use today by the Indiana Rail Road, the trestle was built in the early 1900s to haul coal from the mines in western Greene County. Linton hosts Indiana’s largest July 4th parade, and Jasonville offers its annual homecoming, reputed as the state’s largest class reunion. For genealogy enthusiasts, the Greene County Historical society documented the cemeteries throughout the county, providing a great starting point for researching family lineage.

There are many other remarkable things about Greene County. The Sculpture Trails, home to more than 40 large metal sculptures created by artists from around the world, is one such attraction. This-half mile walking trail through Eastern Greene County’s picturesque hills allow eager fingers to feel the


4th of July Parade, Linton, Ind.

Tulip Trestle

Greene County offers nature’s majestic splendor from the rows of corn dancing in the summer breeze to the twinkling of an endless sky of stars.



On the Cover: Greene County

art. No museum walls or unsmiling guards here. The annual Aluminum Pour is a sight to behold as the furnace roars and eager individuals and families watch their creations take shape. These hands-on experiences really give visitors a feel for what Greene County has to offer.

Greene County is also becoming known as the face of progress in Indiana. The county partnered with neighboring counties to form the WestGate @ Crane Technology Park, the state’s only multi-jurisdictional tech park. WestGate continues to be a major driver to create new jobs and complement the $2 billion economic powerhouse of Naval Surface Warfare Center (NSWC) Crane, southwest Indiana’s third largest employer. Located just outside of the 100 square mile Naval Support Activity (NSA) Crane facility that is home to NSWC and the Crane Army Ammunition Activity, WestGate has successfully attracted more than 10 major government contractors, such as SAIC, URS and Fastenal.

A recent community asset report developed by Ball State University’s Center for Business and Economic Research gave Greene County an “A” in governmental cooperation. A progressive leadership has worked tirelessly to forge successful intra- and inter-governmental relationships that support its business community. This has identified Greene County as an attractive place to do business, resulting in the latest business developments such as the Battery Innovation Center, an initiative launched by Energy Systems Network focused on rapid development, testing and commercialization of lightweight energy storage systems. The extension of I-69 will put Greene County as the mid-point of commerce not only between Indianapolis and Evansville but Detroit and Memphis and Montreal and Mexico.

Greene County offers more than just small-town life. With a booming business sphere and the scenic sights of nature, Greene County is a place of comfort, beauty and opportunities.

Greene County Community Foundation

4513 W. State Road 54Bloomfield, IN 47274

Aluminum Pour at Sculpture Trail

MANATRON IS NOW

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Greene County Officials breaking ground at WestGate.


AIC Institute for Excellence in County

Government Now Offering Classes

via Webinar

Save time and travel costs with just a click!

Attend an AIC Institute for Exellence in County Government class online via webinar, and get the training you need.

For more information or to find webinar class schedules, go to:

www.indianacounties.org “click on the training/education tab”

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The National Association of Counties (NACo) recognized Pike County, Ind. for its NACo Prescription Discount Card Program growth during its annual conference in Pittsburgh in July. The county increased the number of prescriptions filled with the discount card by more than 66 percent.

NACo presented awards to several counties throughout the nation during the NACo Prescription Discount Card Program reception on July 16. David Bottorff, Executive Director of the Association of Indiana Counties (AIC) received the award on Pike County’s behalf. Bottorff presented the award to the Pike County Commissioners during a commissioners meeting this month.

Pike County was recognized for having the largest increase in use for

a county with a population less than 75,000. During 2010, the county had about 1,560 prescriptions filled but by 2011 grew that number to about 3,600 prescriptions, an increase of more than 43 percent between 2010 and 2011.

“The Association of Counties (AIC) works in close partnership with NACo to find and promote money saving opportunities for local governments and the citizens they serve,” said Shirley vanMeter, Pike County Clerk of the Circuit Court. vanMeter also serves on the AIC Board of Directors.

Since its inception in 2008, Pike County residents have saved $341,744 with the discount card program. Pike is one of more than 1,400 counties nationwide participating in the program. Nationally,

residents of participating counties have saved more than $483 million.

Pike County residents save an average of $16.94 per prescription. Nationally, the overall average savings rate is about 24 percent, while Pike County residents enjoy an average savings rate of about 35 percent.

“Pike County government is committed to serving citizens,” said Mark Flint, President, Pike County Board of Commissioners. “And while lowering the cost of prescriptions is not traditionally a local government responsibility, Pike County government will look for any means available to improve the lives of the citizens it serves.”

The NACo Prescription Discount Card Program is a partnership between participating counties, NACo and CvS Caremark. The program was created seven years ago. Those interested in more information can contact David Bottorff at [email protected].

Pike County Receives NACo Award For Prescription Drug Program Growth

NACo Drug Card Award

Receiving the award on behalf of Pike County is Clerk Shirley VanMeter and Commissioners Mark Flint, Brian Davis, and Dale Nalley.

AIC 2012 AnnuAl ConferenCeRegister online today at www.indianacounties.org

JW Marriott Indianapolis

September 23-26


Interlocal Agreements for ServicesBy Thomas K. (“Buddy”) Downs, Ice Miller LLP

One of the many tools Indiana counties have to better serve their residents is the “Interlocal Cooperation Act” (Act). All of Indiana’s bordering states have similar interlocal agreement statutes, the primary purpose of which is to encourage counties and other political subdivisions to work together to provide more efficient local government. These statutes are designed to promote and encourage cooperation, not just between and among local governments, but also with state agencies and similar governmental entities of other states.

The first thing to understand about the act is that it requires the contracting government entities to each have joint exercising authority in some form. The act also requires that activity which is the subject of the agreement be undertaken by an entity created for that purpose that has specified members from the authorities creating the entity or by one of the entities on behalf of the others. Both versions have been used in Indiana. For instance, the city of Indianapolis used the act to create Citizens Gas, a non-profit corporation that was created to implement the wastewater transaction.

The act also requires that an agreement include certain provisions:

• Duration

• Purpose

• Provisions for financing, staffing, and supplying the joint undertaking

• Provisions for establishing and maintaining a budget for the joint undertaking Provisions for the partial or complete termination of the agreement

• Provisions for disposal of property upon a partial or complete termination of the agreement

• Provisions for the administration of the joint undertaking, either through a separate legal entity, the nature, organization, composition, and powers of which must be provided in the

agreement; or through a joint board composed of representatives of the entities that are parties to the agreement, and on which all parties to the agreement must be represented

• Provisions for the acquisition, holding and disposal of real and personal property used in the joint undertaking, whenever a joint board is created

• Any other provisions the parties consider appropriate

Under certain circumstances the act requires the approval of the attorney general or a body which has administrative authority over the enterprise. Examples of those bodies might include the Indiana Department of Transportation or the Indiana Utility Regulatory Commission.

One of the potential applications of the act would be a joint undertaking by governmental entities to purchase goods and services from persons with disabilities who are employed at community rehabilitation programs. While it is important to ask why these goods and services should be purchased in the first place, the bottom line is that providing gainful employment to any citizen means the creation of additional tax base and revenues for the government both directly from that taxpayer and indirectly through the purchasing power that individual receives through the community rehabilitation program. Meanwhile, there are a number of individuals with disabilities who require government assistance at a number of levels. Clearly when these individuals are employed they require fewer governmental resources. There are a number of other societal goals that are accomplished when these people are employed – but those reasons are beyond the scope of this article.

The State of Indiana has a program for its agencies which requires, by statute IC 5-22-13, those agencies to consider procuring competitive goods and services from entities representing the disabled. This State Use Program, originally implemented by the legislature in 1976 sets forth the basic principle that the goods and

Legal Insight


services under consideration for procurement by the state must meet the needs of the purchasing agency and be available at a fair market price. The concept of competitive pricing can easily be built into any procedures to implement an interlocal agreement. This program offers such goods and services as apparel, kitchen, office, safety, call center assistance, janitorial, screen printing, shredding and more.

For more information consult the State Use Program catalog online at www.smartpartnersalliance.org. Perhaps the implementation of a program can be best expressed by the provision of examples. Suppose that the county and a couple of school corporations are interested in a program for the purchase of kitchen supplies. The governmental entities, acting through their fiscal bodies, can take the appropriate actions, subject to compliance of all state procurement laws, to establish a program to consider purchasing those goods from those with disabilities. As discussed above, the agreement must contain all of the terms required by the statute and may be subject to approval by the attorney general or any state agency with any jurisdiction over these matters.

Suppose that there are three municipalities and a regional sewer and water district that each provides municipal utility services to a diverse group of ratepayers in a particular region. One municipality may have electric, gas, sewer and water services and the other two may only provide sewer services. The regional district may provide water and sewer services. It would make perfect sense to consider consolidation of certain billing services and, with the complexity of the mailing of notices under Indiana law and the burden of billing, it would also make sense to consider the consolidation of the mailing responsibilities. As one can see from the State Use Program catalog, the provision of mailing services is one of the potential undertakings by those with disabilities.

The act also permits these local government entities to work with state agencies. As described above, the State Use Program already fosters cooperation between the state and organizations and programs designed to benefit the disabled. Creative thinking about the procurement of goods and services certainly can include cooperation agreements that involve a particular state agency and other Indiana governmental entities.

Ice Miller LLP serves as general counsel to the Association of Indiana Counties. Buddy Downs is a partner at Ice Miller LLP. He has been a member of was appointed the State Use Committee since 2002. Feel free to contact him with any questions at [email protected].

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or misinformation that is in no way affiliated with you or your office. To take preventative measures against this when you create a Facebook page or a LinkedIn or Twitter account, be sure to mention in the general information area that this is your (or your office’s) official page or account. It would also be prudent to include the URL link to your office’s website to further demonstrate that it is “official”. This will show your constituents that other possible profiles or pages online are fake or unauthorized, and should not be consulted for news regarding your office.

Once you have established a Facebook page or Twitter account, you can also take steps to ensure that people cannot post inappropriate comments or personally attack you on your page via various privacy control settings available on these social media sites. Facebook gives you the option of disabling the ability of people to post comments on your page (allowing only you to post information) while Twitter offers privacy settings in which only “approved” followers can view your

tweets and information. Both of these sites (as well as others such as LinkedIn) offer additional privacy settings, allowing you to customize who can view your profile information, tag you in photos and message posts, and other options available on these sites.

For more information about social media and a tutorial on how to set up a Facebook, Twitter, or LinkedIn account, please visit the AIC website at www.indianacounties.org. For further discussion on social media, including tools available for work management, be sure to check out the workshop “New Media: Utilizing Digital and Social Technology in Your County” during the AIC Annual Conference in September.

Additional information on training requirements can be found under the “Training & Education” menu on the AIC website. If you have any questions, please don’t hesitate to contact me at [email protected].

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.

stay informed.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].

Continued from page 9


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