Scrutiny of Liberty tax abatement flares up at Fillmore meeting

Friday, August 2, 2019
A Liberty Industries tax abatement came under fire at the most recent Fillmore Town Council meeting.
Courtesy photo

FILLMORE -- Following a heated exchange on the issue of renewing a tax abatement for a local business, town officials in Fillmore will now have to judge the company’s benefit to the community.

During its regular meeting Thursday evening, Kristin Clary, executive director of the Greencastle/Putnam County Development Center, brought a proposal to the Fillmore Town Council to grant a continuing tax abatement for Liberty Industries, which manufactures trailers. Kurt Clearwaters, the company’s president, was also present.

Clary stated the company had invested $232,000 in capital improvements, and was also maintaining 30 jobs at present. She acceded that the company’s workforce goal of 34 employees stated in its 2014 tax abatement had not been met, but added that the company’s payroll was in compliance.

Clearwaters then provided that the company had tried to add a second shift, but determined that employees were more productive with just one. He also asserted that Liberty Industries was the second-most wage-paying company in a manufacturing-type setting

It was here that Town Attorney Jeff Boggess began to question why these specific goals set out in 2014 had not been met. He also questioned whether the company had added any true benefit to the community to warrant another approval of the abatement.

An intense back-and-forth between him and Clearwaters then flared, as Boggess criticized him for making the claim that Liberty Industries offers a competitive wage, but that such information was confidential. Boggess implied this unwillingness to provide pertinent information gave the council reason to not trust Clearwaters.

Council President Bill Ashcraft responded that anyone could access and see his own earnings as a town official, and thus saw no reason why Clearwaters couldn’t provide this information. However, he also implied that he and the council were not questioning his integrity as a boss.

Another point which stuck for Boggess and the council was whether Liberty Industries’ workforce was based locally in Fillmore. Clearwaters said he did not know where his employees lived, at least not how many lived in the town.

Clearwaters said his company was offering a better and more competitive wage in relation to the number of employees, and that applications for work still come in. He also claimed the company pays “close” to $25,000 in taxes each year. Clearwaters further stated that it was possible the company could add one to two jobs.

In light of the scrutiny by Boggess and wanting to see more concrete evidence as to wages and a local workforce, the council decided to table approving the abatement until next month’s meeting. Clearwaters accepted the council’s determination and left the meeting soon afterward. Boggess later suggested that the council needed to consider the wages-to-benefits the company provides.

During public comments made by Meredith Trusty and other residents about their concern regarding the company’s benefit to Fillmore, Boggess apologized for raising his voice during the exchange between him and Clearwaters. Trusty and other audience members were generally supportive of Boggess’ pressure. However, resident Amanda Maynard, who runs Bert & Betty’s Kitchen, added that the company’s workforce does regularly come into the restaurant to eat.

Council member Robin Duncan stated later in the meeting that the council had normally approved Liberty’s tax abatement with little question in the past. She said further that this was essentially the first time the council was looking more into how the abatement’s goals were, or weren’t, being fulfilled.

Issues regarding Liberty Industries keeping to its commitments came up last year when Clary and Clearwaters moved to have Liberty Industries’ tax abatement approved by the council. Boggess then brought up an objection that the company had not met expectations for its payroll set out in the abatement.

The council approved the abatement with the understanding that Liberty Industries would continue efforts to up its workforce. Clary also invoked the Banner Graphic’s reporting of her initial request in September 2018, saying that while it was not necessarily inaccurate, a negative impression had been made.

Boggess also briefly addressed an ongoing issue of installing a tank to introduce a corrosion-deterring chemical into the sewage system between Fillmore and Greencastle. He stated it was his impression that the greater issue was whether or not the tank would sit in Fillmore, as it was tentatively relocated further west than its original destination near a creek.

Thus, Boggess said if the tank would be situated within the town limits, the council needed to consider how to work out an agreement about the tank’s usage. He stated he had yet to hear back from the city on what its next steps could be.

The prospect of installing the tank to introduce the chemical, called hydrogen sulfide, goes back to a proposal made by Greencastle Mayor Bill Dory last November. Council members expressed concern then about potential environmental and health hazards from a spill, as the tank was tentatively situated near a creek.

In his monthly report, Town Marshal Darrel Bunten said a uniform that new reserve officer Steve Fenwick needed had come in. He advised that Fenwick would pay for the uniform with no cost to the town. Bunten also has been working to address ongoing property maintenance issues in the town.

In a new addition to the council’s meetings, Terry Wood of the Fillmore Volunteer Fire Department will be invited to give a monthly report on the station’s activities. During Thursday’s meeting, Wood reminded that the annual Fillmore Chicken Barbecue is coming up. He also said the department was looking at prices for purchasing a new pumper tanker.

In other news, Clerk-Treasurer Jayna Haldeman said the audit review to account for funds expended from 2015 until now had been completed. She added that the auditor would contact her to schedule an exit interview in August. The council agreed that everyone should attend when a suitable date could be determined.

The council also approved a capital assets inventory prepared by Kieser Consulting. The letter of agreement and proposal is required by the State Board of Accounts.

Town officials also approved a consulting contract with Kristy Jerrell of Jerrell Consulting, who is coordinating a master utility study for the town.

The council also informed those gathered at the meeting that the town’s Community Crossings application for a resurfacing of Hendricks Street had been submitted on Monday. The council also stated that the town’s Rural Business Development Grant (RBDG) to install streetlights and sidewalks had been approved as well.

Finally, the town council accepted an $800 bid from Land & Son Paving & Seal Coating to repair asphalt where the entrance to Fillmore Christian Church and Hendricks Street come together.

The next regular meeting of the Fillmore Town Council is scheduled for Thursday, Sept. 5 at 7 p.m. in the Fillmore Town Hall.

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  • If the abatement was granted with the condition of 34 jobs, the town is right to question the company. The rest is dancing around the issue.

    Why was the number 34 selected? Doesn't sound like the company has any intention of fulfilling this goal. So, perhaps the question is, is there value in having the company there with 30 or 32 jobs? If the company leaves, there won't be any tax to abate. It would be very easy to set up a little manufacturing operation somewhere else.

    -- Posted by letspulltogether on Sun, Aug 4, 2019, at 7:18 AM
  • So let's be thankful there are 30 or 32 jobs available there now. That's 30 or 32 families that depend on those jobs.

    -- Posted by pjr1974 on Sun, Aug 4, 2019, at 8:23 AM
  • *

    Why is Jeff Boggess even weighing in on this?

    "It was here that Town Attorney Jeff Boggess began to question why these specific goals set out in 2014 had not been met. He also questioned whether the company had added any true benefit to the community to warrant another approval of the abatement."

    These are questions to be asked by the council, should they desire the answers.

    Jeff Boggess is the attorney for the town, not an un-elected member of the council.

    It is his job to represent the town in legal matters, and advise them on the legality of their actions.

    It is not his job to do their job.

    -- Posted by dreadpirateroberts on Mon, Aug 5, 2019, at 9:05 AM
  • Tax abatement in exchange for jobs promised is one of the great scams of our lifetimes. Unfortunately, when every other city is offering a tax haven, it’s almost impossible to attract business without one. All municipal governments should band together and refuse to grant any more tax abatements. They’re in the corporate interest, not the public interest.

    -- Posted by techphcy on Mon, Aug 5, 2019, at 11:53 AM
  • I think an important part of this whole story is the fact that at the onset of this meeting, I told the board we could not meet the 34 employee criteria because our attempt at a night shift was not successful. Therefore if it could not be approved I would understand. Unfortunately my credibility and the benefit of my business to the community was then questioned. I found out today from county officials the abated taxes for this 34 employee issue amounts to $225.48 for the town of Fillmore.

    Kurt Clearwaters

    Liberty Industries, Inc.

    -- Posted by jclearwaters on Mon, Aug 5, 2019, at 9:20 PM
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