Board of Commissioners - Regular Meeting

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Okay, I call the Brat County Commissioner meeting to order. Start the pledge of allegiance. I I allegiance to flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, any additions to the agenda or changes? You guys might want to turn your mics on. Yeah, I got one. Any additions to the agenda or changes? I have one. Kim, I'll move you up to the front. Okay. Cuz you're always the quickest. And Mike Blakens is here from Bear Branch ISD. All right. He's got to head to high school. Okay, Mike.

Coaching things, so if we can I'm on the first. I'm chill. You can go ahead and buy. We can put We can put him ahead. Shouldn't be a problem. I don't have anything until 3:00. Yeah. Do Kim and then we'll do Mike. All right. I If that's what happens.

Hold on, Kim. We're not done yet. No. All right. Approval of minutes and claims? I did my review of the claims and the minutes. Um I didn't I made some minor changes to the the minutes, but I'm fine with what has been changed and added. I'll make a motion to approve the minutes and claims. Second. Okay. Roll. Ron? Uh yes. Tim? Yes. Kevin? Yes. All right, Kim. You're on. What time? Oh, this is our packet. It's been signed dozens of times this year. Is this thing on? Yeah. You have the quarterly claim for Q1 of this year, which is easy one. And then you have a packet which we Cuz you are the authorizing agency for Access Bear County. You guys have to read through all that and sign all these documents. You need a lawyer to sign one of them. I have to sign one. They're all marked. I couldn't make it any clearer. Post-its, arrows, different colors, different people. And we'll still probably screw it up.

See that works That That generally works for us. Okay. So, I just come back in a couple of days or so with all those signatures? the lawyer. Yeah. So, I Yeah, we'll have to see. We'll We'll make a run at signing all these today and then the lawyer, you know, will have to Uh send it to him. Take another day or two. And then we need a resolution number from you, too. Oh, okay. So, what I mean the one the normal thing we can probably get to you the you know, the reimbursement or whatever that is is fine. to do the resolution The other stuff is today. Do it the same way we just did with the other one. Okay.

That's 001. Hold [clears throat] on. Um 2026 05 06 06-001 [snorts] Yep. And which one Which is Is it posted on

This is the authorizing resolution here. And the title of that is Uh Just for the record. Would you like to Would you like to explain it? It's not going to cost you anything, Ron. Huh? It's not going to cost you anything. I appreciate that. Thank you. So, that was the top. This was the back. But you're serving a lot of people, so keep that in mind. So, yeah. Yes, she did. All right. They all have all right answers today. So, this is the one that will be resolution. It's okay. Resolution 2026-05-06-001 authorizing um the quarterly invoice for Access Braille Academy. Is that accurate? No. No. Okay. The resolution is for the grant to end up for the 5311 grant for next year's funding. The quarterly claim, you've already approved that last year. Yes, this year's grant. So, we're just taking our draw from our grant quarterly. Okay. All right, Kevin, you want to make a motion? Well, yeah, so I did basically that we go through and make a motion to sign and approve these upon review and proper documentation and review of our attorney. Okay. Okay. Yep.

we'll I don't know that we'll have that by the end of this week. It may be early next. it by the 15th. Huh? They're due to end up by the 15th. 15th of May. May. Okay. So, you're making it contingent that the attorneys approve? Yes. You made that motion? Yes. I'll second. Okay. Roll. Tim. Yes. Kevin. Yes. Ron. Yes. Okay. Pass. All right, Kevin. Thanks, Tim. We'll do our best. Okay. We'll make sure it's not the 15th.

Banking on it. Okay. Next item is this, uh, Hellsburg and Kyle Myers is going to be There he is. Uh, we discussed this at our last meeting. Um, they're asking Hellsburg RC is asking, uh, for our support for a boundary change. Kyle, you want to give us an update? Uh, yeah, actually, uh, just a quick update. Um, I actually have a pre-bid meeting to go to for our new treatment plant in here at 3:00. So, as soon as we're done, I'm going to be running out, but um, this is essentially we're asking for your support and for us to expand our boundaries to basically include Lakeland area and Being Blossom area as to what we would be able to actually serve with our treatment plant. Okay. And essentially take over even in the ongoing projects that are going on in Being Blossom and Lakeland Lemon sewers there for us to take over and see it through. Okay. So, you're going west and you're going east? Right. Are you going north or are you going south? Not necessarily outside of the communities of, you know, Lake Lemon and Bean Blossom and that. Um I think they've got a little bit of expansion already planned at least outside of Bean Blossom, but it it really just We need to figure out how many phases each direction needs to be broken into to make it feasible projects, you know, for us to get grant funding for. Well, Lutin, Brown County Regional Sewer District have to sign off on this. Um In essence, yes. Um but it it comes to you can kind of force their hand a little bit. So, we'd probably have to approach the state from the standpoint of fighting them and then to say, "Hey, nothing's going on. We want to take this over and do it." and see if we can get the backing You know, well, they're they're here. I kind of like to hear from them. Sure. So, I got Well, let me before we go down that

path. So, it was my understanding that this resolution was simply to just basically authorize or ask that you our support to get engaged in these conversations. I am not for you taking that path. You need to go and negotiate with them Sure. on that. So, if that's the intent of that resolution that you go and push those boundaries that direction, then I'm not for that. That's not the intent. The resolution is to give you our support. Yeah. Um this same process was happened in 2013 uh when the Board of Commissioners asked for a boundary change uh to to the then Bean Blossom RSD or Brown County RSD and asked for a a change that they accepted to to expand the boundaries at that time. So, that's the process.

if this the resolution is to simply just go and say yes, we they have Can we have the commissioner's support to have a conversation and engage in these discussions with Brown County RSD, then I'll vote for that.

That's what the process is. The letter, the supporting letter for the resolution goes to the Brown County RSD, the president of the Brown County RSD. Your board looked at both resolution letter, approved both, correct? So, it's going to the Brown County RSD, and then it's up to them to negotiate them, and I think IDEM has final approval authority on that from the previous documentation the last time we did that. So, that's it. It's a letter of support is all we're providing at this point. All right. Okay. So, are we Yeah, so I'm I agree with Mr. Shaners. I'd like to have either Mike or Yeah. Rich kind of Speak to that as well and bring our attorney back. Got to get up and speak? Go ahead, Rich. Sure. All right. My name is Richard Hall, and I'm a member of the uh Brown County YMCA, and I got to tell you Kim Robertson is awesome. And it's a privilege to work with her, and we've done some great things at the Y. I'm also the chairman of the Brown County uh election board, and I participated in the election festivities yesterday, and got a real good understanding of how much work on both sides of the aisle takes to run uh voting secure elections. It's super impressive, [snorts] and I just shout-out to all the people that uh participate in that process. I'm a member of the Brown County Regional Sewer District, and we got a long history, and I'd love to suggest to you, respectfully request that you postpone this resolution until you give the Brown County Regional Sewer District an opportunity to give a presentation to the commissioners like you granted to Kyle. We didn't know Kyle was going to have a 35-45 minute conversation with you in prior meetings, and I'll tell you there's some exaggerations and some mistruths in the historic telling, and I think it'd be in your best interest to uh hear from us. Having said that, uh if Kyle and Adrian and his board can put together a package to take uh sewer

connection system from Bean Blossom to Helmsburg and get the funding which we had worked 5 years to get. There's nothing our board will pre- we wouldn't prevent. Right? So, we don't have to play politics in this and have meetings here and there and I didn't know about this resolution till yesterday, right? If if Kyle can get something done and going east, all the power to him. At the end of the day, it's all about water quality, okay? We would, as a board, fiercely defend our right to develop the Lake Lemon uh uh area. We have significant contacts and real good opportunities there. We have funding and that should not be taken away from us. I think we're capable of doing the Bean Blossom process, but we're not going to fight about it. If if if Kyle can do it, he can have it, right? Um but but in all fairness, we should have an opportunity to speak, okay? The resolution bothers me from a lawyer standpoint because it talks about the commissioners approving something that the authorizes their designee to handle and I think that resolution should identify who that designee is and have some limitations as to what he or she can do with the power that is uh comes through the commissioner's office. Uh and again, we're all about water uh quality. The state is the one who sent us the Bean Blossom [clears throat] 5 8 years ago and 15 years ago. They state wanted to see Bean Blossom develop. And uh I've always complained about it cuz it's a hard sell. The residents are not so thrilled. The commercial people are. I've been accused of being in the pockets of developers. I don't know any developers. The clearly common sense would suggest that if you got a sewer connection system in Bean Blossom, things could happen there with the restaurants and with Bill Monroe, etc. So, again, I ask that you postpone making the resolu- adopting a resolution today. I ask that you be more specific when you do adopt the resolution. I ask for the opportunity for our board to make a

presentation to you commissioners. And understand, I think I'm speaking for all of the board that if if Ellettsville can get something done, we'll seed the territory. I don't like the idea of us being forced to seed the territory if they can't get something done, okay? Um Mike, do you have any other comments? Basically, the Bean Blossom project I'm the one that's kept that alive. All right. It's We all know we need it somewhere. We needed to go from Bean Blossom to Legan, right? We have a project together. We have a plan. We have the pipes in the ground. The infrastructure It's the collection system's all designed and ready to go. We just we need support from the community. We were ready to go find out where where we had community support when things just went awry. Just in the in October, I thought everything was ready to roll. We was all everything was ready to roll. And then we had a meeting with SRF, and it was kind of like this meeting. It was all put on us at 9:00 last night, the meeting that went before. And it was totally what against what we've been working on for 5 years prior to that. So, I just felt like I don't like the politics that's going on here as well. I'm all about Bean Blossom needs sewer. I I wouldn't be at a 26 years if I didn't think uh that didn't need it, right? So, however we can get it done, if we all step in and figure out how to make it happen, that's what we're all about, okay? So, again, I think our board should meet with you all before you make a decision here. We ought to have it. You got to listen to our side, know where we're at, right? We spent 5 years to get I spent 25 years getting to where we're at, okay? So, listen to this, okay? Thank you. Okay. Okay. Um I'll just reinforce we're not forcing anything. It's a letter of support, and all it is. It's a letter of support. We have no harm on any of you. And you talked about you can negotiate if there's a possibility of providing

service to Bean Blossom, and you'd be glad to see that territory. So, that's a decision between the Hillsborough RSD and the Brown County RSD. And And then IDEM, I guess, falls into that as well as the SRF. So, all we're doing All the resolution does is authorize a letter of support. That's it. Um we have no power other than that. We can't force anything. It's really on on your group. Tim, with all due respect respect Like it's expertly drafted by a lawyer. I know lawyers. It's too broad, and it sends the wrong message. I I just again respectfully request you postpone adopting the resolution, give us an opportunity to make a 20- or 30-minute presentation, then we'll narrow down that resolution in a way that makes sense. So, the state knows this county is serious about sewer connection systems. They are spending the money to build a plant in Hillsborough that is too big to meet the needs of the uh the Hillsborough customer base. So, that plant doesn't make sense unless they can get more customers. Hillsborough Regional Sewer District needs our assistance to do that. It's that simple. Okay. We have a project. If we can just put our heads together and and work out whatever the differences may be, then a lot of it was funding. It was all funding. We got hit with a you know, if if things would have If things would have went the way we thought they were going, the plant was going to be expanded ready for Bean Blossom to come aboard. Right in the last minute the expansion wasn't there. It was for to serve the Bean the Hillsborough community alone without the Bean Blossom project. So, again, we thought they were going to expand include Bean Blossom while their plant's being built, our infrastructure's being put in, and then when they're ready to roll, we're ready to roll, right? And we learned at the 11th hour that that wasn't the case. Right. So, let's get back to the 11th hour and sit back down at the table and figure out how we're going to make it work. All right. Stephanie, I just have a question for you. Um I guess the question was

related to the resolution uh that you guys put together. Any comment on that? Any questions? Yeah, I I I think uh the way it's drafted it is that the the Board of Commissioners supports um Helmsburg Regional Sewer District's plans for expansion through the construction of the project. The project uh being defined as the construction of a new regional aeration wastewater treatment facility. I believe that's the one that um Tom mentioned they were going to the pre-bid meeting. Um and so it is it is for the plans for expansion through that project. Um and so it it it can be uh the resolution would encompass, you know, potentially more than the support letter. It it it it encompasses whatever the Board of Commissioners would like to do to express its support of the plans for expansion through that project. Okay. We would love your support. Pardon? You should. We would appreciate your support. All right. That's Well, that's what the resolution is is providing us. So, I would say at this point, hearing that, um I know I had a brief conversation with Clint Studebaker and they're basically saying that there has been some changes with the approach that you're looking at at Lake Lemon. I don't know how much of that information has been back and communicated back and forth between Helmsburg and and Brown County RSD. My inclination is is I I I when I have now Kyle saying, "Hey, we're looking at this and this is the plan." Then, again, if it references a plan, I'd rather see it clearly documented as to what the expectation is in boundary changes. And that means a conversation going on with regards to Brown County RSD and Helmsburg. And if that means that the Commissioners need to participate in that, I am more than willing to do that. Um in that conversation. Because again, I am again I think in

can't speak for my counterparts, but I'm just along the lines of we have a need I think. The question is is how to best accomplish that. Servicing that need, right? Does Gowie have a comment? have a question if for clarity purposes, if um Pam Gold if all of this is is a letter of support, what box does that check? Why do they need a letter of support? Question. Why do they need a letter of support?

Okay. Um the commissioners petitioned IDEM to establish uh the Helmsburg Regional Sewer District. And then the commissioners appoint all three members of the Helmsburg Regional Sewer District. So we have that authority um when it comes to support for that RSD. Uh to make any kind of changes, they've got and based on past precedent, they need to work with Brown County RSD on any kind of adjustments on plans or or any of that kind of thing that IDEM approves it. So that's the cycle. And so that's why we did the resolution of support because we appoint them, we support their leadership and their actions and their desires to provide the service efficiently and economically to as many customers that that they support. That's it. That's our authority and that's what the purpose of resolution is to provide that letter of support. So is this a requirement of IDEM or SRF or or is this letter [snorts] of support checking a box that goes outside of the scope of just a letter of support?

No, it doesn't go outside the scope. The previous precedent was established back in 2013 when the county commissioners at the time I think that's what we're talking about here. petitioned the Pardon me? I this this seems like a word salad to me. Pardon me? I would like to know what part of the process they're in that requires a letter of all it is is a letter of support. Show me where they are in the process that requires just [snorts] a letter of support. My suspicion is that for you to go ahead and use our taxpayer funding to hire a lawyer to draft a letter of support. It seems like it's more than just a letter of support. So that makes me a little uncomfortable. I believe the attorney actually said it was a little bit more. Right and so Am I right Stephanie? So I think in the with all due respect to defer to the B C R S D you should table this right now until you you get all the moving parts together. Come to the table, have a conversation and don't give the appearance of doing something behind their backs. As something that might be might seem to be a little surreptitious. So I would appeal to you to table it and come to the table. Uh Stephanie, did you hear my comment? Does this not Does it not go farther than just a letter of support? Go farther than a letter of support? That was my understanding. It The resolution is expressing support for the expansion of the district and the resolution says any and all actions to fulfill the intent of the resolution. So it is not limited to a letter of support. It is It is supporting their plans for expansion through the construction of

that uh wastewater treatment facility. Has decision authority on this change? On the change, what change? Well, we're doing a resolution on a letter and you said yeah, it could expand and include other things, but that's that letter of support could would include anything it takes to expand that boundary, but we don't have a decision on that process. It's really between the Grant County RSD, the Helmsburg RSD and IDEM. So, what authority do we have? What limit what power do we have in that in that particular approval process? If any. Other than the letter of support, what what authority do we have? It is It is It was drafted broadly to whatever you need it to be do to do to support uh the project. So, I mean, I I agree though that I The way I read the process um it is between the districts and with IDEM. Um but, you know, if something comes up that that the Board of Commissioners would like to do then to show their support beyond the letter and this is what the resolution was drafted to allow for that because at the at the heart of the matter of the resolution is that you're expressing support for that expansion. That's all it does. I That doesn't As I see it, that doesn't give us any other authority. It's really between the two RSDs and IDEM. IDEM on the last time a a letter was sent to request boundary change, the approval authority was pretty much that. It went from Helmsburg, went from the county RSD, went to IDEM. IDEM made the final approval and issued the uh issued the approval for the change. That's That was the process. I'm anticipating this is the same same kind of thing. Am I wrong? I I I can't anticipate exactly what the process will be, but again, it's it's for the commissioners to express their

support for the project and take any actions that they deem necessary to do that. Okay. Great. If not? If I may. Yeah. I'm fine if you guys do want to table this resolution right now. Okay. Um my [clears throat] only request and and I apologize we have to run. Um I'm fine with if we can get together with the CSRSD, kind of have conversations, see what it is maybe we can't work out if it's maybe us stepping in and trying to help with the Bean Blossom side of thing and let them kind of sound like lemon or something. We're fine with having that conversation and trying to figure something out in the future. Um but one clarification I do want to make is is I know Mike's expressed, you know, in December when we had our meeting with SRF, kind of things were like thrown at at them and honestly at us all at the same time at the last minute. We had no ideas uh or no information leading up to that meeting that they were going to make the decision for us to put in a much smaller plant. We were in the impression going into that meeting we were still after a 100,000 gal per day plant. Um I didn't know but in the background prior to that meeting our engineers were already having conversations directed by SRF um to start looking at smaller sized plants and they kind of already made decision going into that meeting with us um saying that they were only going to pursue a 14,000 gal per day plant for us right now in the interim. Um and then but it's easily expandable to whatever's needed whenever we do go to Bean Blossom or you know, whenever Bean Blossom does get sewer sent to our way or Lake Lemon or whatever direction it might be. Um so just want to let you know like we had no say in that. That was all directed 100% from SRF even to both of us. Both sewer districts that that's how they said that they were going to make us proceed. So

um like I said, I didn't even know about that until the same time Mike and all those guys did were we were sitting in that meeting and then they got up and threw that out at us and we were we were both kind of blown away like, "Okay, well, that's new." [laughter]

So, since then the talks have stalled. Right, right. Since that day we basically haven't faced to face in a matter of weeks. Right. And and I mean, on our side we've been solely focused on cuz SRF kept telling us, "You got to do this, this, and this, and this to be able to get us the bid." So, that's where our 100% of our focus was, okay, we got to get this thing laid out before the end of their fiscal year. We got to move forward with at least get a new plant before our existing one expires. So, that's you know, our focus was in that direction and you know, less so on trying to still have our joint meetings and other things that we're going to have to discuss. Okay, okay. Thank you. I guess I I am fine if you guys do want to table that resolution. Give us the chance to sit down, hopefully talk, and kind of see if what we can't work out and then we can even all come together again and kind of give a joint presentation and say, "Okay, here's what we worked out, here's what we discussed." You know, and then So, I would like to So, I would like to request the following. As I would like to request that Richard and Richard or Rich. Sorry. And Mike or and and whoever basically come to the next meeting, our next commissioner's meeting, which I think is the 20th. And basically give us an update on what's going on with regards to Lake Lemon. Because again, I I've heard, but I have not heard. I mean, you just had the award from the federal government to the to the $3.7 million. Right, to the structure there. I think that plate has potentially an impact on what the decision-making process is as it relates to impact H Helmsburg, impact Brad County RSD, okay? So, that's one thing I'd like to do. So, and and Mike, are you Is that enough time to prepare for that, I guess is my question? Yeah, I I just give us half the time Gabe Kyle in the prior meeting will set your world I'm you know. I'd like to remind you, I forget the details, but this board of commissioners controls at least one of the appointments on our board, too. So, you have an interest in both

district We do. And I understand. So, and I appreciate the opportunity. We'll We'll come prepared. And And again, so comfort level for me from a resolution standpoint is is I'm a I'm I'm not a generalist, I'm a specific. So, when it says plan, I'm thinking, okay, if it's just to to initiate the conversations and discussions, then that's all well and good, but it sounds like it's a little Sounds like it's a little bit more than that. So, I would It's not all bad news. There's good things happening. Oh, I I I I pray that that is is is in the works and where it goes, but we've I mean, I'm just like many of that I've heard and the being lost and all that stuff was had hopes been crushed, had hopes been crushed, and I'm sure, like you said, Mike, you've been at it for 25 years, so I don't hold my breath anymore. Well, okay, that's a long time to hold your breath. So, The meeting's the 20th? 20th like the 20th? I'm feeling a little under the weather and I don't know how Under the weather we'll do it. Okay. Okay. So, and again, if you can make that meeting, Kyle, that's where I'd at. So, my recommendation if we're something there Before you make a motion. I What Your meeting's at 6:00 on the 20th? Yes. It's at 6:00 on the 20th. All right, that's when something in this nature should probably be decided anyway. I can't be here for that one only because I have a special meeting for our rates uh the same night at 5:30. So, I mean, I If I did come right after that, I might be a little bit late, but

Bring another board member. Have somebody else come. Have Adrian come. My only problem is is I know Sandy can't be at our meeting and I got to have majority of my board there to pass our our rate ordinance and and answer questions of the public. What I see right now, this moment, Yes. is obvious. There has not been a meeting of what's called of the minds. Right. You guys aren't on the same page. And in the spirit of being good neighbors, good citizens and all that, if [snorts] you want to make the motion to table it So, let me ask you this. What if rather than rushing them to meet the 20th, what if you even maybe give them a little bit more time to present that meeting, but then it also give us the opportunity that maybe our two parties can get together in the meantime? So, are you saying that you can't 2:00 on 2:00 on the June meeting, is that correct? The 6:00 meeting would be better. The 6:00 meeting would be better cuz this is a major issue here. Right. And we're we're we're not supposed to be doing this at a 2:00 meeting. I mean, obviously most people are at work. If you don't want to make the motion, I'll make a motion to table it for the second meeting of June. Would you be interested in that? That way they got enough time. It's been 20-some years. I don't think we need to rush it and tell them they only got two weeks. Well, we can do the presentation. We can do the presentation at our at our next meeting and then make a decision at the meeting following that. Does that work for all you? Yeah. Yeah. I'm saying that suffices. That works. I'll make a motion that we hear the presentation at the next one and do the vote at the the second one in June. Does that work for you? Yeah, it works for me. Anything else from me I have to do? No, that's good. All right. Thanks, Colin. Okay. Thank you, guys. Good luck. See you. So, let me repeat what I heard as far as a motion. So, we will have a presentation from Brown County RSD

at our next meeting beginning in June at 2:00. Or you want it in May or you want it in Want it in June. I'm sorry. Okay. Let's do that. We'll have it at 6:00 because it is important. I agree with Mr. Sanders on that. So, we'll make it at at 6:00 meeting this month. Does that give you enough time?

Yes, And then we will have a decision or a resolution to support that. Time gives you additional conversation time to have that dealt with. The second meeting of June. That works for me. Would that be the 17th? That would be Let me Let me do my thing here. It will be the 17th at 6:00. All right. That makes sense to me. So, is that your motion? Works for me. I will second that motion. Roll. Kevin. Yes. Ron. Yes. Tim. Yes. Thank you, gentlemen. Thank you, guys. Appreciate it. Thank you. Next item is the second reading resolution amendment regarding the excess revenue distribution. Again, I'll just reinforce the the aim of this particular resolution. The current admin agreement, well, let me give some background. Um when this was first being discussed, State Price at the council stated that if 100% of that excess revenue, the profits would come to the council. Council has financial responsibility over anything to deal with money when it comes within the county. Um that was overruled. The commissioners signed a different agreement and the attorneys put in a clause given that that authority was taken away from the commissioners, they put in the clause that states the directors, the management corporation may, if permitted by law, contribute 75% per calendar year of the remaining excess revenue to the Brown County Community Foundation. Um so, a little legal ambiguity there that Kevin and I both on record saying we wouldn't sign agreement like that uh today. Um the excess revenue will be distributed to the county and the county council who's already voted they voiced their support for the current arrangement, they can vote to continue the contribution of the community foundation or other nonprofit. So, you

have elected officials voting on that on that distribution, not an appointed non-elected officials under a dubious legality. And then I guess the resolution does nothing more than direct the president and the commissioners is formally authorized to discuss and negotiate changes. Where we left this off is there was going to be a meeting to be scheduled within the next 3 weeks of the of the management board and that didn't happen. And so at this point, Kevin, I think you stated we'll wait for that one. It didn't happen and and we would go ahead and and move on on the resolution. The next step if we get the two votes, the next step on the resolution is pretty much I'll contact the management board and we'll set up arrangements and schedules that'll be had in the public session, be had in this room. So, it'll be public meeting. There's not going to be any behind the scene behind the doors kind of conversations. They'll be public meetings. It'll be up front. Everybody will have their say, go on record and and we'll go from there. Um so, that's kind of where we're at. Questions from the board? Um this is related to it. It's not exactly the topic, but it is related. Uh I polled the music board the last meeting cuz I got an email from you saying if I didn't want to be on the board to select you to know. When I polled the board, the board all said they would like for me to stay. Uh this is uh as you can see, I don't think there's a board member here from the music board. I and my take on this, they were not interested. They somewhat wanted to leave it alone. Uh I heard of a lot of expenses that were going to be coming up. So, you know, you're you're probably trying

to make a decision on something there may not be any money or or much money. Uh they're going to have to put, I think, two air conditioners on. They need a uh generator in case the power goes out. Uh you can't have 2,000 people in the dark. Uh there could be a flood, there could be a tornado. Um there's a there's a lot going on there. Um I just don't think we're ready to do this. Uh [snorts]

you don't have no board support. You have to get the other boards to sign off. I don't think they're willing to do that. Uh you're going to have to go in with a heavy hand. And it's kind of like when the sewer board was here, they uh there was there's not been a meeting of the minds. Okay? You don't have a consensus on doing this at all. Uh I think the term I used up there was being good neighbors. This is a small community. Uh this is going to cause grief between us. And I don't think that should happen. Uh like I said, I don't I don't know that there's going to be any money to uh to be doling out. You might be fighting over no funds. Um I think it should probably continue. Don't interrupt the function of the boards at current times. Uh I've said this before, but they're paying the mortgage, they're paying all their bills. Uh they've got volunteers. You couldn't uh take that board over. Uh you probably would lose the volunteers. Uh and then there definitely wouldn't be no money.

So, can I make a comment? Make all comments you want. Just go ahead, Patrick.

you're going down a path that that that that's not what this resolution addressed. The resolution is to go through the exercises and and see what the conversations can be had and those discussions can be relevant relevant to profit. It's not having any conversations about dictating or driving what and determining profitability. It's not operating it. I think it's we've said in public record that it is a functioning entity and that functioning entity unit That is direction, I believe Christian Webb is the person driving that right now to go ahead and function that way. I don't see that and that's not my intent. My intent is to go through the exercise of looking at trying to find a reliable stream of income, whether that means changing to the percentile of distribution or actually going in. It's a contract that's open. It's been signed. It's been in operation since 2019. And we have contracts that we negotiate with completely different companies and always change them at that. To me, it's just a discussion point. I don't know that there's any decisions. If the board chooses not to do that, then fine. If the board chooses not to do that, then the conversation has been had. But I'm I'm looking at saying is there a way just like encouraging the conversation between the Brown County RSD and Helmsburg to come to and say, "Here's the challenges the commissioners have and the county has ahead of them. Let's have this conversation." This is the first proposal to start out saying are there any conversations that you have where you go through? Means that there's negotiation. Means that there's changes. Means there's all kinds of discussions. That's all I see this as being. Yeah. Well, as you can see by no one from the board being here, they're not interested. So, you going to drag them in here and I'm not dragging anybody in. If they choose not to go and sit up and participate in those meetings, then we'll have a very clear understanding of what that is. Well, and then Ron, I we talked to Darren Bird who's at the last meeting of the management group you went to.

He You didn't give a clear invite. Um No, they said you. You no, you did not give them a

give them a You did not give them a clear invite. I'm a member of the board. That's The man was here. We talked to both of us. I'm not going to argue with you. Okay, so that didn't happen. And again, let me focus on the point of the amendment. All the amendment does is take that 70 if permitted by law. It takes out if permitted by law according contribute 75%. It takes that sentence out. That's all it does. The council's already on on on record as saying they support the current agreement. That money, any excess revenue that there may be, comes to the county. The council can decide to continue that arrangement, that contribution foundation. It's that simple. Um all six except one abstained. All six said hey, they support the current agreement. Fine. Then you have county officials deal with county county money making a decision. That's all this thing does. Now, when I go back and we had that first meeting, um I'll reach out to the board, I'll invite them to to a public session. Um if they choose to say hey, I'm not interested or if they choose to show up and say we don't want any change to the agreement, that's fine. It goes on the record and and that's where we're at. I don't see any risk there. We're we're not talking about volunteers. We're not talking about how the money's spent, how the ex- tax revenue any of that. We're talking about taking one sentence out of the admin agreement. That's it. One sentence and giving that control to the county council to make the decision that they said they would support. That's it. Set up a meeting, get the opinion on record, done. Um And again And I'm not even saying that that's going to be anything that happens. It's a discussion, so. That's it. So. That's where I'm at. All right. Anyone? Yeah, Ron. Any comments? I'm I'm pretty good at the moment. Is there anybody in the audience want to say anything? Ann Boyd. I'd like to know who among the decision-making parties have you not heard from?

You've heard from the County Council, they want to leave it the way it is. You've heard from the Brown County Music Center board, they want to leave it the way it is. So, what does that leave? You have already heard over and over and over again. So, I'm I'm starting to think Tim, that your definition of the public is whoever you can get to agree with you. That's the public. Well, I haven't heard

You have heard from the public many, many, many times. The people that are interested have been here. And it's pretty much unanimous, leave it alone. I haven't heard any response from any of the groups you just named on the proposed amendment. Because we haven't I haven't been in the yet. That's a fact. This is a waste of everyone's time.

In your opinion. It's It's an absolute waste of everyone's time. Anybody Anyone else? Diana Patrick, Brown County resident. I am speaking today only for myself, I'm not on behalf of anyone else. Mr. Sanders has said he would like the commissioners to be more diplomatic in working with the Maple Leaf Management Group. He has stated that the management group is willing to work with the county. Having been to those board meetings, I agree with him. Earlier last year, I was told by two out of the three current commissioners outside of a public meeting that the legal counsel at Barnes & Thornburg were instructed not to have any communication with the Maple Leaf Management Group. And it should be noted that Barnes & Thornburg wrote the original admin agreement in 2018. Apparently, the commissioner's office did not inform the management group of this. At the February 25th, 2025 Maple Leaf Management Group meeting, Barry Herring stated he would call Tom Pittman at Barnes & Thornburg to get clarification on the intent of the language in the agreement in regard to the distribution of excess revenue. Barry made the call to Barnes & Thornburg, left a message, and his call was not returned. In my opinion, that shows a lack of diplomacy and a lack of willingness by our county commissioners to work with the Maple Leaf Management Group, the CBC, and the Building Corporation. If you have read Mr. Clark's blog postings and Facebook posts over the past 8 years, there have been multiple times he highlights one phrase of the admin agreement under Section 3C in regards to the distribution, "If permitted by law." That phrase, "If permitted by law," was written into this section of the agreement by Barnes & Thornburg because laws do change or new laws are passed

that could affect this part of the agreement. Nothing nefarious, just simply to bring awareness that current laws, current state statutes, are to be followed for the distribution of the excess revenue. On March 12th, 2026, Mr. Clark on Facebook at Brown County Matters and March 13th on Independent Voters of Brown County made the following statement, "Although the 75/25 agreement, if permitted by law, is legally questionable, amending the agreement requires a majority vote by the commissioners and the Music Center Management Board. As a Brown County resident, I want to see the written opinion by your attorneys at Barnes & Thornburg that says this part of the agreement is legally questionable. If this portion of the admin agreement is now legally questionable, you need to be sharing that written legal opinion with the Maple Leaf Management Group, the CVC, and the building corporation. Everyone has first amendment rights and the freedom of speech. However, in this instance, if legally questionable is Mr. Clark's personal opinion, and there is no written legal opinion by Barnes & Thornburg, I believe his ability to negotiate as an elected official with the three boards involved is questionable, and Mr. Patrick as vice president of the commissioners should take the lead on this. Thank you. All right. John Elliott, board chair at the Community Foundation. So, a couple weeks ago, we had another grant committee meeting for our primary round of the spring. It was a typical pattern as we've seen year after year. The requests far outweighed the funds available. We did our very best to fund nonprofits and community organizations across this county as we could, but it was as always, what can we underfund? What can we partially fund? That task was made easier by having the music center funds. We

funded a larger percent than we would have otherwise. Last Friday, I was pleased to sign a stack of checks. Those grants are going out to organizations this week and next week. It's making a difference. So, I would like to thank the Maple Leaf Management Group and the generosity of that group for helping us to do a more complete job than we would have without the resources. Thank you, Jim. All right. I'll address the point on the on the contact uh Ron, I think I've got the email. You're the one that uh mentioned that uh for the Barnes & Thornburg not to respond to the uh inquiry from the management group. I've got that email if you forget, but that's that's where that communication stopped.

send the email. You sent the email. I don't think I sent it. Well, I'll show it to you. It's a public record. So, that's where that came from. Um the other have responded to an email. Is but I didn't [clears throat]

send the email. I'll show it to you. Um the other one is on personal opinion. I'd reference the admin agreement. Um when you say if permitted by law, that's in the admin agreement. And you know, if you're familiar with my site, you know I've got all the supporting documentation out there. Um when the personal opinion, that's what the that's what it says. And so, um if we And again, the focus of this is to take out one sentence in the admin agreement, if permitted by law. Um that's it. Um and again, uh that money, the way this reads, the money comes to the county um and then the council can can can continue the contribution to the foundation. They could do that. Elected officials can do that. So, all this again, all the resolution's doing is having those parties in this meeting not off off out of the building, but have it streamed, get their current opinion on this a proposed amendment and any possible changes they may want. There we have it in a public meeting. There's no That's it. Um it's all public, it's all open. Uh we have that discussion. We get everybody on record and and and and move on. So, that's that's it. So, the motion on the table, do we There's no motion at this point. President, pardon? There's no motion at this point.

Is there a motion The resolution is 2026-04-01-0001. Resolution Board of Commissioners of the County of Brown, Indiana, approving a second amendment to the administrative agreement relating to the music venue and performing arts center project. That's what's on the table. So, can I make the proposal or a recommendation to change the resolution? Is a point of contact, I mean, Dina Dina just basically spoke and said maybe it's a different commissioner that needs to look at that. And I think the recommendation, if I'm correct me if I'm incorrect, you said it would be someone to say would it mean if we proceed forward, would it be advisable to have me be that person? Did I hear you correctly say that?

Yes. Okay. So, well, Kevin, it's a one-word change. And when it comes to the resolution, vice president of the board of the commissioners is hereby directed to discuss and negotiate with the green parties. So, we can amend that here instead of president. Correct. Add in vice president. That's the change. Is that what you're proposing? That is my proposal. Okay. That's the motion. I make a motion that the resolution be changed and adopted to identifying the vice president of the board of commissioners the point of contact and engagement to engage with Brand New Music Center and get clarity and final decision as to whether that is something that they are willing to go forward with. Okay. Is there a second? I'll second it. Roll. Ron. No. Tim. Yes. Kevin. Yes. All right. Next item, legal review of agreements, contract ordinances, work in process, um things we've got just going on, nothing final. Um I'll just bring up the fact on funding Indian Hill. Um I've asked for an engineering estimate from from Aegis. They provided the background information on our grants and and and provided that information. So, I asked for an estimate to see if we can break this project up into two phases to allow for a pedestrian crossing and then and then and then the you know, the vehicle crossing. And and then that estimate would give us a document that we can talk to NCDOT on and see what they're going to agree to or not agree to when it comes to any kind of adjustments in the in the uh requirements. I think one requirement they have in now is have a gate and lights um at the Indian Hill railroad crossing. Gates and lights uh

Okay. Um the issue there becomes power. So, issues like that uh we could discuss in an estimate and talk to NCDOT and and see what they'll do. And then of course that leads to talk with the railroad to see if they'll support opening that up or what they need to support or what we need to do to open up for pedestrians. And when it comes to the funding of that, um the sock factory money has been hanging out there in an account. I think it's in an 8,000 series account in NCDOT. Yeah. Yeah. And it's And it's That's funny. It's been a legal not a legal, it's been an administrative uh ping pong ball back and forth as who can do what. Um Bart has done all the research the uh documentation on the sale of sock factory money. Um it's pretty simple uh one page resolution where they directed the RDC to handle the sale. Nothing was said on on when it came to the money. And and so the default is that money comes back to the general fund. Um that was researched. The amount of emails and the documentation was was researched out to the zoo to look for any kind of constraint that we had on what we can do with that money and there's nothing there. And precedent is the county commissioners used uh about 160,000 of that $400,000 money for that storm water project in Hillsborough. Yes. Indian Hill is is adjacent to Hillsborough. And so if you open up that pedestrians, I have I I get a call every month from from groups that want to know when we're going to open it up for the runners cuz there are marathons scheduled there. There's bikers scheduled there. Um the railroad uh owns the right-of-way and and they pretty much don't want people crossing that that right-of-way. They have that legal right. So, that's an issue. It's an ongoing issue and and we want to resolve it. And so, to fund an estimate and and continue to find other source of funding, that's a source of funds that we can use. So, whatever we need from the commissioners, you know, to move that money general fund put in its own line item

called the Indian Hill Railroad Crossing Real Opening Fund and put that money there because um that's an initial estimate. That may come in under $50,000. I don't think it would cost that. A full engineering study for the whole thing is about $400,000 and then in addition to $400,000 is about another 1.5 million to open it up to current standards. So, I just want to move the ball forward, start with the pedestrians, use the funds that we have available and and move this thing forward. At the same time, reach out to the legislatures and following up on their desire or commitments they expressed to us that they want to see that thing open, especially the impact it has on trails. So, that's kind of where we're at. Just giving you a heads-up. I don't know what it's going to take, Julia, to get any kind of paperwork you need to move it, but I think that if all this just move it to the general fund, put it in its own little line item. So, whatever we got to do to to make that happen, um you know, we'll do. So, I believe that engages or requires the council to take action on that. Yeah. Okay. Good. Is that similar

so, would it be advisable that we go through and basically try and come before them in their next When's their next public meeting? Not the working session. Their actual What's the third? Monday. Yeah. Okay. So, how about we basically target the 25th? Am I getting Am I getting that right? No, 18th. 18th. It's not 28th. Sorry. to Well, Julia, that'll be the permission for an appropriation change from one account to the other. That's what we're asking for. Okay. All right. Okay. And that's Okay, I Okay, got it. Let's add that to Good. I'll add that. So, can you put that request in to Darren? I can't.

on We'll work on the bringing that forth. No, I'll just put it in the paper. Okay. The ambulance contract, again, we're just looking at We're looking a lot of data and different options on that one. So, nothing firm on that one. The policies, again, all work in process. We're just working through some of these. Uh routing them through the through the county offices to get input. And as far as the Humane Society contract, there's nothing legal reviewing being done on that. They've given us the feedback. I just have not gone back to Ann Werling Okay. to provide her with the details of what we'd like to add as far as a termination clause. It's not currently in that contract. All right. And I think Greg's here, so Uh I'm from the shelter and from animal control, so you'll go through Sue Ann, but animal control also needs to sign off on the contract. Okay. And I know you had the original one there, so we did a We did a look and we found that one of the things that was missing when I went back and looked at it was something that we'd like to have. Okay. And I don't think it's that big a deal, but I just haven't had the time, and I'll get it back to you and Sue Ann. Cuz I actually have the contract, and I'll be the one making the modifications. Right. Okay. Okay. Thank you, Greg. All right. I got that right, right? It is Greg.

Greg is Greg. Greg Bennett? Yeah. Thank you, sir. Okay. Anything from the Teresa pass anything on to share? We're good? Okay. Sandra, anything highway? Um couple things. Did you guys get the update Pull that closer. Did you guys get the update that I sent you earlier? Were you able to look over that. Um just to touch base, um we have truck five and 81 on GovDeals, and that closes on the 12th. Okay. Right now, truck five is at $950, and 81 is at $5,050, which is nowhere near the reserve that we have for that. Um just continuing working through repairs if the storms would quit long enough for us to get roads graded and stay graded and keep the gravel on them, that would be a blessing. So, um I think that's all I have. They're starting paving here soon on Grandview. They're doing some patching on that now, and then we'll start the paving in a few days after that. So, I believe that between you and Trent, the update that I had was is that weather holds, they'll actually be able to start. And again, I think Trent shared with me that Grandview may actually be able to be in very good shape because there's not going to be a lot of There's going to be a much improved approach. A much improved approach. Yes, we do. It won't just be a regular

road, and it's not good shape. Yeah. So, and then from there they will move on to Grandma Barnes. Correct, which is another road. Yes. In very bad shape. Yes, so. Great. Thanks. Um and then as far as the other two things that you've got on there, those when we had these conversations was targeted towards looking at those funds what we get available from those two because we've already made You've already made a change in the the work as far as the vehicle is being used for the bridge truck. Correct, which is more accommodating our needs much better than what we currently

Yeah, we used materials on hand and made a um water tank with a pressure system so that we can wash and clean the bridges to get longevity to our bridges, which is what our bridge inspection report asked us to do. Correct, because that is one thing that I identified when I went and looked at that report is an abutment clean up and making sure that the end because a lot of the a lot of the issues that I saw with the bridges were where steel was meeting concrete as far as setting on it. So, it's putting that that debris over the years is causing Correct. Erosion. during the years.

Yes. So, that's what Hoover is suffering from. Well, that Hoover should be open May 12th or 13th, which is about a month ahead of schedule. Exactly. Very good. So, can't thank R.L. Baxley enough. They're doing a good job out there. So. Okay. Anything else? Anything else? Nothing for me. On only business, um, we had a meeting with the APC on the comprehensive plan. It's a pretty good meeting. Um, and we planned a second one at their next next meeting. Uh, I sent the request coming out of that. We shared comments. Everyone shared concerns. 6:00? Yeah. At the APC, the next one. Yeah. Yeah. So, they asked for a our proposal what we got as far as request for proposal on how we do a community engagement in a township, and so I sent that to the board like the next day. So, that's that'll be on the topic at our next meeting. I think you guys all got the same copies. Uh, Pumpkin Ridge Road right now, the uh, it's tentatively scheduled. The updated uh, community meeting is really or their next schedule is June-July is what they figured. And I think we were asking for an update to that video and and kind of where they're at now with that project. But, they've been talking to all the landowners, uh, and working through some issues. So, That's a good thing. Since we're on Pumpkin Ridge up there, I actually took a a walk up into the state forest on the road, and I just want to clarify clear up the statement that I made. I was repeating the statement that that would not be timbered up there. Uh, actually in the DNR and the state forest and the walk that I took, I noticed there's all kinds of trees that could be timbered. So, I apologize for making that statement. I actually took the walk and there's all kinds of timber up there that they could and I don't know that that's the thing we want to do to that forest up there.

I don't even know if DNR will be a part of that meeting in June or July, will they? I think that they would attend those.

that those are part of their project kickoff. Okay. That's all I have on that. Okay. Stephanie, anything? When Centerstone should be here as well on the 20th. They'll give us an update of where they're at. You know, are y'all done in the audience? Anybody else have anything at all they want to say? Pam, you have something? Are we going to talk about the ambulance contract or the policies and the Those are all in work. Okay. So, the ambulance contract that is right now is that IU gave us data. They gave us the information of what options that they were offering or making available to us. And one of the things we have is we have our EMA director now going back and going through our dispatch data and looking at details about runs and things of that nature so we can identify the breakdown between what's a medical run and where the and and doing some comparison of the data between what IU has given us and what we have in our system. If I could just handle If I could just bring you up to speed

Well, now John was much taller than you were so A little bit. Um the Quality of Life Advisory Board has engaged or they were selected by IU Center for Rural Engagement as their Sustaining Hoosier Communities partner for the 2026-2027 academic year. And they're already have been There has been interest expressed by some of the faculty in this portion of that huge number of projects, this very thing called emergency services. Okay. So, one of the projects that they will be pursuing sooner than the August kickoff will be this very topic. And so, I would urge you to uh touch base so we don't have duplication of effort. Um and we have IU statisticians and the best of the best that are ready to go to to do the the hard data analysis for where runners are going, what they're going for, and and where those people live. And so, there's a lot of information that that is needed to make good sound decisions. And um I I do want to congratulate our people um being all of Brown County for somehow or another not requiring near as many ambulance runs last year as we have in the past. So, I would call that good news. It's just unfortunate that apparently IU is basically uh holding us hostage because we don't need as much help as we thought we did. So, anyway, there's some good some good news coming forth. Um I believe with in the way of not just data generation, but finding possible solutions to our ambulance service needs. And I think there there will be some very um innovative ideas that could go a long

way to solving this problem. So, I did speak with Corey today. He was in. Um he said he was still working good. Um the biggest thing that he said he has as far as the content and what information's there, which we have to be careful about. So, I will pass that along to him. Yeah, it would be great if if uh great minds can work together to produce a better project. And if we can get him help because he mentioned in passing something about not realizing the the level of activity associated with his time. So, Right. And this is free. Okay. So, urge you to do it. Good idea. Thank you. There's a local owner for every project as part of that, and Darren Beard is the local owner for that. And I'll And I forgot about that completely, and thank you for both reminding me. That it? Stephanie? Nothing else. Motion to adjourn. Second. Meeting adjourned.