Vigo County Commissioners are now seeking a 1 percent point increase in the local income tax to help fund a new jail.
The increase would also include funding for public safety, including 911 dispatch costs, as well as funding for Vigo County police and fire departments.
Commissioners on Monday requested the Vigo County auditor call for a public hearing at 5 p.m. on July 31 in the Vigo County Annex, at First and Oak streets, for public discussion on the income tax. The public hearing would be a special meeting of the Vigo County Council.
Commissioner President Judy Anderson said commissioners have been in discussion about jail issues since 2015. They have established a jail committee and later obtained request for proposals for a jail feasibility study and estimated costs for a new jail.
County commissioners have hired DLZ, an architectural and engineering firm, to design a new jail.
The Vigo County Council this year appropriated $3 million for the jail, which is currently projected to cost about $60 million, not including financing.
Commissioners also are considering at least two properties for a new jail, but have not reached a final decision.
Financing decisions ahead
“We are not going to go any further without a finance plan,” Anderson said. “If the financing plan is not put in place, everything we have done for two years is down the drain. We are wasting money. Why would we buy another piece of property if they (County Council) are not going to finance it and build a jail on it? We are kinda on hold until the County Council makes a decision.”
While commissioners earlier this month had considered requesting a 0.75 percent income tax increase, commissioners are now seeking a 1 percent increase.
That would make the Vigo County local income tax rise from 1.25 percent to 2.25 percent.
Commissioner Brad Anderson said the County Council had to use about $3 million in operating balance funds to cover the 2017 budget. The county will likely have a larger funding gap without additional funds. “This will fund public safety. We have to look at the whole picture, the whole budget for the long term,” said Anderson, a former county councilman.
Additionally, bond interest rates have risen twice this year and are expected to increase again this year, said Commissioner Jon Marvel, which adds to the cost of a project. Construction costs are also expected to increase next year, Commissioner Brad Anderson said.
The income tax increase request from commissioners includes a 0.25 percent special purpose tax, to construct a new jail, which would sunset after a maximum of 30 years; and 0.75 percent public safety tax, which includes 0.1 percent for a public safety access point (PSAP) rate for 911 dispatching. T
The remainder of the requested tax increase for public safety would be spread out among all taxing units, including the city of Terre Haute, and the towns of Seelyville, West Terre Haute and Riley, to pay for police as well as fire departments and would include fire protection districts.
Court cases progress
Meanwhile, the American Civil Liberties Union of Indiana has reasserted its case of Aaron Hos versus Vigo County Sheriff and Vigo County Commissioners. That lawsuit was originally filed March 2, 2000, which later led to a court agreement in 2001 to cap the number the number of inmates in the county jail to 268.
The Vigo County Jail on Monday had 280 inmates, with an additional 55 being held in other county jails, Marvel said. That number was before court was held Monday, which dropped those numbers, Marvel said.
In a June 2 amended order, Special Judge Hugh R. Hunt, in Vigo County Superior Court Division 1, said ACLU of Indiana Attorney Kenneth J. Falk stated he anticipated to file a motion for summary judgement.
Hunt gave Falk has 90 days, as of June 2, to file such a motion. A telephone message was left at Falk’s Indianapolis office Monday seeking comment.
This week, Vigo County Council President Bill Thomas is to undergo a deposition in that case. Under a trial rule, Thomas has been designated to testify on behalf of the county, said County Attorney Michael Wright.
Falk, in a notice of deposition, is asking:
— If county jail prisoners are offered at least three hours of recreation a week outside of their immediate call areas;
— If there are any plans to build a new jail or expand the existing facility and current status of those plans;
— Whether the county believes it can comply with the jail population cap and recreation requirements agreed to in 2001;
— For “any and all documents that discuss the need, desire, plans or hopes for a new Vigo County Jail facility created by the Vigo County Sheriff or Commissioners or created by others but in the possession of the Vigo County Commissioners.”
Wright said the county “acknowledged in this case that we have been trying to get support for the design and construction of a more efficient facility that utilizes all the technology that has been developed over the last almost 40 years since our (current) jail was constructed.”
In a federal lawsuit that Jauston Huerata and others brought against the county sheriff, commissioners and county council, U.S. Magistrate Judge Mark Dinsmore has set a pretrial conference for early next month. He’s ordered both the county and plaintiff attorneys, Michael Sutherlin and Eric Frey, to provide a draft of an agreed preliminary injunction order, including any disputed or alternative language identifying areas of remaining disagreement.