County Council - Regular Meeting

Good. How are you? Good. Good. Good. Good.

Good. Good.

I know it looks like it's formality. We don't have to use it. There's no use of it. We don't need to use it. We made it all different. We don't need to vote on that.

Rename the road, but they're not on over. So Andy, we do them under him. I don't know. I'll ask him. And then I go Lawrenceburg library appointment. I'll do that under me if he wants to. And then let's see. Yeah.

Bring an extra side. It's not on here. Oh, I know. Yeah. Yeah. Yeah. This might be the bad word to try to get out. Yeah, there's so many people running around. Yeah, that's why. I just got some of the postcards today from an American company. Yeah, they handed it to me. I said, just throw it in. Yeah. Yeah, I need it for you. Okay. Yeah.

Okay.

I can take those. Yeah, that's fine. Yeah, that's fine. Good evening. I'm glad you finally got your email, Kevin. Or Google. They started catching everybody right at the same time, because here come all the replies. Do I need to make some more?

Did your dad say he found the list of the revolutionary war soldiers?

He's very close to it. Oh, yeah, the one in the basement there?

Yeah.

Yeah, he was so excited, Connie. He was showing everybody that list. So he's been...

He has a list of about 90 of them, which is sort of outstanding. Like, you think about 90 rebels in Syria. Oh, yeah. Yeah.

60 there. There's like 30 of them. Like everybody knows like Hayes, you know, Bladesdale.

I don't care.

This is wild. Like these guys, you know, where did they come from? It wasn't that big of a deal. yeah yeah an easy place my theory is they got the sims purchase which was a military the virginia military grant that they they bought it was like their starter home they got back their their patents and then they sold and moved to indiana to live in the gore live in the gore

Good evening, everyone, and welcome to the Gibbon County Board of Commissioners meeting, June 16, 2026. And please rise to join me in the Pledge of Allegiance. I pledge allegiance.

As a recipient of federal funds and in support of DuBois County's efforts to ensure non-discrimination and equal access to all citizens, the county gathered statistical data regarding participants in county activities. Therefore, we have provided a voluntary Title VI public involvement survey at this meeting. You are not required to complete this survey. However, the form is anonymous and will be used solely for the purpose of monitoring our compliance with Title VI and ADA. Thank you, Andrew.

We're going to start with old business. Dog Ridge Road. Proposed ordinances. Andy, you want to weigh in on this one?

So the public hearing has been held. We did ask that proposals be submitted by both the Grackle, who's represented by Mr. Eubank, as well as the Highlands and Denslers, who's represented by Mr. Reeves. Mr. Eubank did prepare an ordinance. So if you were to establish the apparent right-of-way, that would be done by ordinance. He did prepare and submit a proposed ordinance to establish the apparent right-of-way percentage of Indiana Code 8-20-1-15.5, and that follows the same survey that we've had since the outset of this process, or even before this process began at the outset of this issue. Also submitted by Mr. Reeves was proposed findings of fact conclusions in order of the commissioners. So if you were to not find that the apparent or were to not establish the apparent right of way, this would be the finding that you would do because there wouldn't be an ordinance to do in that situation. So I know all parties are present. You wanted to hear from anyone?

Do you want to speak? I'll make a quick statement.

Okay. Gentlemen, just wanted to say thank you for looking at this for my clients. I think that the ordinance that's applied has materials in it. Basically, what we're asking for is that the Commissioners approve this apparent right-of-way with title covenants. So what I'm asking is that you understand that what you're saying there, the Grackle family, they're willing to accept those as permanent conditions and covenants upon their property. Okay, restrictions, which are some.

You got it.

And so what we would do is if you sign this ordinance and if you approved it, it would be taken as soon as I got it from Connie's office, it would be taken and recorded at the recorder for posterity and also to make sure that anybody looking in the future would know that this property is subject to the conditions approved there. And the conditions, of course, are the same ones Densler signed.

So the conditions would be no developments in a nutshell.

Well, you're allowed to have one house, I think is what we said.

I'm talking about it.

Right. Absolutely. Okay.

And Jared, I record everything, all ordinances.

Okay, so the ordinance contains restrictions obviously. Thank you. So, the ordinance would simply establish the apparent right of way. It would say this is where the right of way is. But the county obviously has no intention to open it or improve it. So. HAB-Jacques Juilland, For grapple then to be able to utilize where we've established or where you've established the apparent right of way would be a subsequent right of entry and hold harmless agreement that would incorporate the restrictions that are in the ordinance, as well as any other restrictions that the Commissioners and grapple would agree to. HAB-Jacques Juilland, So this would be again what's before you tonight is just the apparent right what just if you so desire saying this is where the right of way is.

so the covenants in here with that are under the restriction or this couple questions here okay uh whereas gravel properties l lc for request the roadway be open for public use but to not request that dearborn county maintain the roadway at this time not

Not ever. So those and those restrictions would be part of that ordinance and part of that property forever. The right of entry and hold harmless agreement would be with grackle. And if they were to sell the property down the road, that new entity or person would need to do a new right of entry and hold harmless with the county. But those restrictions that aren't contained in the ordinance would carry through with carry over. Could they also.

Then say that they have, there's a road there and we said, that's an old county road and we have now have to maintain it.

So they get back to their property. We would not be maintaining any further than what we're maintaining currently. Until Todd or Tim says otherwise.

Okay. So near me county is not accepting present maintenance. And the word presently removed is not accepting maintenance. Responsibility.

we're not adopting this ordinance. Word for word.

I'm discussing the ordinance that's been proposed. So these are proposals. If there are changes that you would like to see either in the ordinance or in the findings, whichever route you decide to go. Again, the ordinance would be if you elected to establish the apparent right-of-way. The proposed findings of fact and conclusions would be if you decided to not establish the apparent right-of-way. And those are just proposals and any changes that You would want to look at and then grant is here too. I didn't.

Yeah, that's why I was kind of going through this and then assume grant would probably speak on his. Be half off on what he's proposing. So anyway.

Do you have anything, anything or we should speak.

Primarily what we had submitted as he had go to obviously would not be adopting an ordinance if you're not filing a parent right away. So what we had submitted were findings based off of what was presented at the last hearing and the general circumstances there. Again, the high level point for us is that this is voluntary. You are making an affirmative commitment to do this going forward. There's not a requirement to do so. They've had alternate access option. They went forward with this process. knowing that this was in a quagmire and knowing that they had that alternate access as a possibility when they acquired the property. And therefore, we would ask that you consider that. Certainly, if this does go forward, we would like to weigh in on maintenance and restrictions and everything going back there. But it's my understanding that that would be sort of the next step from talking with your attorney beyond deceiving them.

Okay. Throughout this process, it appears that the big question was they were concerned that there would be a development down the road in 30, 20 years or next week, whatever. But by including the restrictions If we move to go ahead and establish the parent runway with restrictions, that would never happen. And that seems to me that that's the primary goal of the Highlands, is that they did not want to see any future development. So if we can put that to bed, it seems to me that we should have some sort of an agreement here between the two partners.

Um, it's a possibility if you want to see if the parties can discuss, uh, the restriction of the one house in here is certainly promising on that front. Um, and if we have some other restrictions, I think my clients would be willing to consider it. They just want to make sure that this is, if something does go in there, that it's solid now and in the future, um, and that that is all locked down basically. Um, and it, this is this is good to do to approve that that that there's never going to be anything there they're okay with restrictions as far as any kind of future development so that would take care of check that particular issue wrong that's helpful i mean i think things can change by amendment in the future um on this and then as well on maintenance issues and how this can be used and all of that going forward that's still going to be up in the air and on the rights that this can be done

benefit basically one property back in there sort of one in a second uh depending on what that looks like in the future according to your findings that uh with the 99 and 2000 uh improvements were made you know was gone over to the denslers that has no binding on any of this that we did that back then and now they can't do it now

So I think it's fact specific and we walked through the facts and those were things that came from materials that Mr. Krause had presented as far as back then from the meeting minutes, Mr. Negengard stated that the status of that was ambiguous. They were doing that to address that specific section. They also, it's clear from those materials that were presented that it basically went back to as far as where the current driveway was, or the denser's driveway is, and there's a cutoff point on there. And a key distinction there was that that was done with acquiescence of the, basically it was one adjacent landowner because that kind of crosses over on both sides with the uh with my client and in this case that's not what's going on we're basically working this would be converting um private or a public road potentially or even if we if that's what's found in the apparent right-of-way if that's what's found into a private access against the wishes of the adjacent neighbors well i think some of the the fears of

development can be cleared up. Nicole, would you mind coming up rather than me just saying it? Is there anything else for me? Thank you. I called you today because I was, I guess, misunderstanding what could and couldn't happen with the right-of-way. So would you explain what can happen with the 33 feet as far as development-wise?

Development-wise, does it exist now if it's deemed old right away, it's 33 feet wide. Or a split or anything like that, or a public road to put a subdivision in. It would need to have 50 feet. So in turn, to be able to do that, they would have to purchase property to add to that 33 feet to make the 50 And that would be the obligation of the property owner, whether they say, I will sell it to you or not.

Right.

So if they say no, public road can't happen.

So development-wise, it can be one house because you have one driveway on the 33 feet. Because current standards today is a 50 foot.

Yes.

All right. And we won't go lower. Right. And that's why I called you and Todd. They kind of find out for sure. So I just want everybody else to understand that that is the biggest stopper right there. As long as the two parties in question control the five of them.

Because apparently that would be 33 and they'd have to purchase property.

17 feet from somebody. And as long as nobody sells the 17 feet, it stays the way it is. All right.

Anything else, Kevin?

No. The only thing that concerns me about any of this is just I do not want to be maintaining old county roads.

Well, no, we've made that real clear. Yes, I agree.

And it's been opening the door to that. I just want to state that. Right. Go ahead.

On the one house... Sorry. I'm sorry, that's what we have to do.

On the one home restriction, I'm a little curious how that will interact with the easement that goes on to the property of the south that's on the deed easement. I think whatever is done, if you go forward on this route, that that would need to be clarified as well, if that has any bearing on the property of the south now.

Go ahead. You have anything to add?

No, I just thank everybody. It's been a long process and it's been a process we haven't gone through before. So I just thank everybody and I thank the attorneys for submitting their proposals.

And I think everybody kind of gets what they want. If we proceed with the establishing the apparent right of way. Do you have any other?

I just have a question. So If we approve the right-of-way, the restrictions can be added, are going to be negotiated after that fact.

Right. So what the ordinance would do, I mean, the ordinance includes restrictions that Grackville is agreeable to, but what the ordinance would do is say, here is the right-of-way for Dog Ridge Road, past county maintenance, the portion that has not been established after the Densler's. And that's that. There's the right-of-way. But to ultimately access their property on that right-of-way, because it's not a road that we're maintaining, we're not going to maintain, it's not a road that's up to county standards, there would have to be a subsequent agreement. And I think if you go the route of establishing the apparent right-of-way, it sounds like Grant will be emailing me with some, hey, here's some things that my clients would like to see if that's the route that you're going to go. And then I would work with... Jared, obviously, who's representing Grackle, because that's who would be the beneficiary of this right of entry, and we would work through that. But that's an agreement that would have to be decided or agreed to between the county and Grackle before anything can happen or anything can start. Yeah.

So primarily tonight, we're looking to establish the right of way. Are we establishing, are we signing any kind of documents tonight, or are we just... HAB-Jacques Juilland, Moving to do that, and then you work out the agreement.

HAB-Jacques Juilland, Well there's an ordinance that's been submitted, I know, Kevin would like to see the word present deleted from that one paragraph which. HAB-Jacques Juilland, I don't think is a major issue. HAB-Jacques Juilland, From section five paragraph one. HAB-Jacques Juilland, Did anybody else have any.

And whereas Graco property for the request to roadway be open for public use, that's just a statement of what they said at this time.

Yeah.

Present. Yeah. Accepting was not accepting maintenance. Period.

No. Anything else?

No.

You want to make a motion to establish the event right away?

Yeah, I'd like to make the motion to establish the right away for the portion of Dog Ridge Road.

With the edit that Kevin mentioned. What number would that be, Connie?

An ordinance, correct?

Yes. 006. 006.

Okay. There was a motion made and a second. All in favor? Aye. Motion carries.

So what I would say then is I'll get that change and I'll send it to Connie and you guys just swing in and sign it when you get a chance because I can't print it off here right now. Or we can print it off real quick before you leave. Okay.

Can they just sign the signature page and I'll just replace the other page?

That's fine.

Want to do that?

Yeah, that works.

All right.

We're done with that one. Come on out.

First of all, we bought this property.

What's your name, sir?

Bob Graff. I'm the owner of the property. We had no intention of ever building that. We bought it as recreational property. Keep it basically the way it is. They brought all this other stuff up, just, I don't know why. They're afraid of a subdivision or whatever, but it's not going to happen. Well, you can only put one house there anyway.

Well, we've moved to make that happen.

Okay, I have a question as far as that road. Is there any county standards that that road has to meet?

Okay, then, so... As per the ordinance here, we're vacating, so why would we end up making it to county standards? No, we're not vacating. No, we're not vacating.

You said this is where it is. Yeah, okay, where it is. It wouldn't need to be, Todd, back me up here if I get this wrong. It would not need to be brought up to county standards if it's only just being used by them as entries.

So basically, this is going to be a driveway back to his property on non-maintained county right of way. And we have non-maintained county right of ways all over this county that have private driveways on them. And basically, it's up to the owners to decide how they're going to build or maintain. Can it be dirt? Yeah, it can be dirt. It can be rock. It can be asphalt. It can be whatever they so well choose on the county right of way. Now, It'll be approved because it'll be an approved driveway permit. Okay. So he'll get approval through the highway department and Nicole, once it's all cleared, that he'll come in and apply for a permit. At that time, he'll say, I'm going to put in a 10-foot wide gravel driveway. We'll go out and really up to the property owners how and what he wants to build at the width. Now, it's got to stay within the 33 feet, I think, is the way the ordinance is established. You've got to stay within that 33 feet. But what you put it in, if you want four inches of stone, you want to put eight inches of stone. Do you want to use four inches of dense graded roof base and then four inches of 53? That's up to you as the property owner on that section you're going to maintain.

The thing of it is, no one else would ever have any use to use that road. If you ever go back and see the property, you'll see what I'm talking about. This road just goes back. Nobody else has any reason to use that road.

It's all yours. But can't do anything yet until the next agreement is finished with how the conditions are. So don't start the bulldozers.

Well, I've already got a person set up to put the road in. It's the same person that put in Densler's Road. And he's going to put it up probably to close to what Densler's Road is, I would think. But don't start yet. Well, we're not going to wait too much longer. You've got the next degree.

Sir, if that's the case, we're going to run into this whole thing where everybody's just going to say, okay, it's an old county road. We'll go ahead and do what we want. And that's not what I voted for in this thing. And I may make a motion to rescind my vote on this ordinance. And I do make that motion. On what grounds is that? You're now stating that you're going to go ahead and start condosing right now. We're not going to wait too much longer. That's exactly what he said. Yes.

I said I would like to get to it fairly soon because I've had this contract with him for like four months.

And I'll get together with Jared and work on the right of entry. It'll all be good. We're good. We're good.

All right. Thank you. No second on my motion.

No second. Okay.

Okay.

I don't have them prepared or anything. My husband and I own, you know, okay, so you go down our driveway, and then you go, I mean, you go down Dog Ridge onto our driveway. And the Dog Ridge, what he wants to have as a private drive, goes off to the right. And we walk on that. There's horses on it. There's four-wheelers on it. People use property between Highlands and Ars all the time for hunting, mushroom hunting, whatever. Once you get past Highlands property and Ars down Dawgridge, and then it goes to a deer trail, and that's where his property would be starting. So I wanna make sure that when this, I feel like you're saying driveway is established for them. That it's not a driveway. It's not going to be gated between our property and Highlands. They can't put a gate up to keep us off of it because our property, that's our property. And people walk there, like I said, they four wheel.

Are you concerned they're going to put a gate up?

Well, it sounds like you're saying driveway.

Well, there's, first of all, restrictions can be put up. There's not going to be a gate put up that That would disallow you to walk down that road.

Or people to use it.

It's called a driveway just because it's not a county road.

Okay. And I want to make sure that whatever they do with their contract with Jeff Bischoff, we are not part of that. Like, we don't have to maintain that. We're not upgrading.

It was stipulated in the agreement.

Okay.

And we'll make sure that if there's any shared sections, that it has to be shared mainly. I don't think there's really...

There is a little bit of shared, but we've been, you know, for the past, however many years, 30, we, you know, never asked the county, never asked neighbors to put down gravel or share any cost. You know, we do tree removal, we do gravel, but we also don't keep it great just so we don't have people coming back. But, you know, it is maintained and, you know, Amazon finds this all the time. Okay, so I just want to establish that's really not their driveway, even though that's the work.

Correct.

And it's not going to be, it's everybody's use. Once they maintain it, we can still use it. People can still use it because it's counting right away.

Okay.

In anything.

restrictions like the no gate and things like that. I mean, that's, you can't obstruct right away anyway, but if you just, if you want that specifically to be in.

Once they get down to their property.

Then they can have a gate.

Yes. Unless it's still right away. If it's still right away that goes through

I don't know where you have to talk to.

Yeah, I just. It's not any kind of county road or right away or anything. And so, you know, I just want to make sure that, yeah, there's no gates where we.

Right. Just make sure the attorneys know the questions and things you're talking about. That way it can be discussed and included.

Because it's a long way back there and we're not going to pay for any of it.

No, you won't.

Okay.

Thank you.

When would you want anything submitted as far as any restrictions, shared maintenance or not? Should I continue that as far as the vote goes?

So the commissioners meet again on, they will meet again on July 7th. I will be out of town for that, but if we have something put together before then, so maybe like second or third. I want to say July 1st. Nice round number. That way I can put something together before I head out. Or earlier. If you get it to me earlier, that's fine too.

That is a morning meeting. Question? Morning.

Mark Hall, Durham County resident. So basically, is it still classified as a county rider?

Yes. The portion that was submitted, so the finding of the apparent right-of-way goes no further than the survey that was done.

Survey that was done by who and when?

Brackles had prepared that was submitted to their petition. Because I know there was discussion about it. It used to go here, it used to go there. The apparent right-of-way finding in the ordinance is only as to what was submitted.

Does it go into their property also?

I don't know. Were you terminated in that, Denny?

If this has been established off of an existing county right-of-way... public right-of-way, then does that mean that I can take a four-wheeler back that lane and go into his property where the existing right-of-way is?

You can be on the county right-of-way. Whether or not you're allowed to go on his property would be between you and him. But as far as the county right-of-way, you're allowed to be on the county right-of-way.

So if the county right-of-way goes to his property, I still can't go on his property?

And again, I don't know where the survey terminated.

I retraced the right-of-way all the way to the southeast property, so this does go down into the gravel property for several hundred feet.

So I should be able to go several hundred feet into their property with a four-wheeler?

On the county right-of-way.

Okay. And is the survey marking that?

The survey that Denny prepared was attached to the ordinance as an exhibit. And that was the request.

Okay. That's all that's been addressed tonight. It's the apparent right of way survey that I prepared.

And it goes all the way down to the creek?

I did not go all the way to the creek.

It goes through his property, you say, 700 feet?

I said several hundred. Several hundred?

So if that's a public right-of-way, then we'll be able to drive through that then with our four-wheelers and Jeeps.

You can't drive through it there. It freaks out or freaks the sprinkler off.

I just wanted to make sure that was clear. That's what's been established. All right.

Thank you. Let's move on. Nicole, please. Yeah.

Thank you.

Appreciate it. Thank you, Scott.

Good evening. So I came this evening to just give you a little update for the solar ordinances that we're working on. This Thursday at 6 p.m., we will be having another workshop. Within that workshop, we will be having items related to the purpose and intent statement of the ordinances specific to these, not just the zoning ordinance. We'll have definitions on types of solar projects, whether they be residential, commercial, industrial for their use community and connection to the grid type facilities of types of data centers. And then we'll continue to gather information from also the previous workshop that we had. So we'll have still that information as well as we gather that additional information. Um, once we have had that workshop, um, cause I know people have asked, um, Friday, I'm going to be gathering information based on the two workshops. Um, for topics that I'll put into an outline for the Planning Commission's meeting on Monday, next Monday. And these topics for discussion for the Planning Commission to discuss and have open public comments for those. And that's based on, what I was gonna do is based on the differences that we've gathered as far as different setback distances that have been suggested um that any written intent and purposes the noise levels there's differences in noise levels bring those up in that plant commission so the plant commission can make a decision as far as what they want to see in the ordinances as we move forward to write these um and those are just a few things um there's probably gonna be more but it will also be time restricted as far as how late that meeting goes. So if there's seven things on the agenda, we may not get to all of them at the planning commission meeting. It'll just depend on how many people show up in the discussions that are had. So that's kind of where we're at currently.

And what day is your next workshop?

This Thursday, it'll be here in this room at six o'clock. And just so the commissioners know, when I advertised in the paper, I also put the same statements that Andy has put together in case all three of you wanted to show up so that you guys were covered.

Questions? Thank you. Mr. Listerman, county engineer.

I'm a county engineer. Earlier this year, Dearborn County was awarded two federal aid projects for replacement of Bridge 73, which is St. Peter's Road, and Bridge 218-218, which is Lower Dillsboro Road. Federal aid totals for those projects for 73 are $2,755,000. and change the 2018 federal award is 2,117,000 and change. As part of that process, project, is to go ahead and start the design. We followed the federal process of an RFP, following the NDOT scoring mechanism, scored them, selected consultants. Everything then gets sent to Seymour NDOT. They do all the reviews. They agree that yes, based on the grading through the system, they're selected that we're there for. We get to negotiate with the lead consultants, come up with a fee. Once the fee has been established, we send all the paperwork back to NDOT so they can review all the negotiated fees to make sure they fit, match, and everything is acceptable. So what I have tonight, after following all those procedures, I have two contracts tonight. The first one is for Bridge 73, St. Peter's Road. with USI Consultants in the amount of $530,850. Make a motion to accept that bid. I'll second it. All in favor?

Aye. So I have two contracts.

Just sign above your name on each of the contracts. There's two of them. Who is it? And just so everybody knows, these are the same standard end-of-contracts we can't deviate from. What they allow, Andy reviews them anyway, just to double-check everything, but they're just standard end-of-contracts that we're required to use. Next contract is for Bridge 218 Lower Dillsboro Road with American Structure Point in the amount of $545,667 even. 545667 even American Structure Point design PE contract for Bridge 218 Lower Dillsboro Road.

Make a motion to accept the bid for your bridge number 218. Seconded.

All in favor? Aye. Motion for one. Second. Why don't you just sign above your name?

Just so everybody knows, the bidding dates for these will be 2030. That's when they're projected to bid is 2030, fiscal year 2031. So it'll be fall of 2030 when we'll bid. I had somebody call me the other day and asked me on a project, you know, it's like, we're going to start in 2030. We just got to go through the process of design, engineering, environmentals, the whole process. So that's why the contracts, when you look at the price and you think, You know, as Federal Aid, we've got to go through the complete processes, Federal Aid processes, which adds layers of things we need to do as it relates to archaeological, geotechnical, and historic things that have to be done as part of the process. It just adds time and a little bit of money. Thank you, Todd. They're going to pay. And all this, just so everybody knows, all this is 80-20 reimbursal. So we'll pay the fee, the cost up front. As we progress, they'll send me a bill monthly for their fees. I will pay it. And then once we pay it, then we can then process the actual and get 80% reimbursal throughout the project. So it's not like we have to come up with the $500,000 each. It just is part of the process. We'll get 80% of it back.

Thank you.

Thank you.

Okay. Appointed to the Lawrenceburg Public Library?

Yes. William Harvey. His term's coming up on June 30th, and they'd like to reappoint him.

I move we reappoint Bill Harvey to the Lawrenceburg Public Library Board of Trustees. I'll second it. All in favor?

Aye. Motion carries. Will you notify him?

Yes.

Okay.

Sign above your name, please. Sign above your name, please.

Oh, there it is. I brought the wrong glasses. I can't see nothing. Well, Connie, are you with Sue? Will she have anything?

She doesn't have anything.

Okay, thank you.

It was just this.

Well, then, Ms. Pronghole, claims?

Yeah, always. I move to approve claims. Second.

All in favor? Aye. Motion carries.

I roll. Make a motion with that payroll. Second.

All in favor? Aye. Marcy Cairns. We're signing them. Oh, you're fine.

And that's from June the 2nd.

Make emotional acceptance from June 2nd. Second.

No payment. Bye. Bye. Mr. Bodden, do you have anything to add?

Actually, I do have a few things for you this evening. Usually my stuff's covered elsewhere, but I've got a few this evening that came in late and I've been, you guys were well, we're having email issues since Friday. According to Ramsey, there was a bit of a disagreement between Microsoft and Google and a lot of emails were getting bounced back. So if you did not receive any of this ahead of time, I apologize. And it's either Google or Microsoft's fault. The first two items that I have are at the request of State Representative Garrett Bascom as well as State Senator Randy Maxwell. Garrett had been contacted by a constituent about renaming or naming a portion of US 50 just west of Dillsboro after Lance Corporal Donald R. Henry, who was a Dearborn County resident, president of his class at Dillsboro High School and graduated in 1966. He enlisted in the United States Marines and began his service in August of 1966, and he was killed in action September 6, 1967. So this would be what we have in the letter is just west of the corporate limits of the town of Dalesboro near Montana Lane and Racing Lane, and it's my understanding that the family farm was right in that area. So that would be at the request of Representative Bascom. And at the request of Senator Maxwell, he has asked about a bridge on State Road 46 to be named after U.S. Army Private First Class Anthony P. Tony Sieg. Private First Class Sieg was a Dearborn County resident and East Central graduate who was in the United States Army, earned the Bronze Star. Purple Heart Army Commendation Medal and the Combat Action Badge. And he was unfortunately killed in action on September 9th, 2006 in Baghdad while serving with the 118th Military Police Company. Again, and that would be a bridge on 46 going across the East Fork of Tanners Creek. With that one, Senator Maxwell was waiting to get the final okay from the family, but he did want to go ahead and get the letter of support because his deadline is tomorrow. Obviously, this is going to be up to NDOT, but NDOT does request that representative senators get letters of support from local government. We did the same thing with the bridges over Tanish Creek. Um, so, uh, for the letter for, um, prep, first class seeks letter that would be contingent upon family approval.

I don't have any issues, but I don't either. No, it's good.

I'll make a motion that we, uh. Endorsed both letters that you would sign them.

Yeah.

2nd, all right. Motion carries. And that bridge won't go nowhere. That was just rebuilt. That's a special bridge.

So Andy, should I email the sign to you and you pass them along?

To me and Randy and Garrett.

I don't know if I have Randy's.

You can send them to me. That's fine.

I may have it. And they need them tomorrow, correct?

Yeah, that's what Randy had said. Okay.

I just responded with an email. Do you need to sign that letter? Is there an attached letter?

Yeah, you're signing the letters.

Okay. I know there was an attachment that you sent on the email. This is a real letter.

On letterhead and everything.

Yeah. Everything else works?

Yes, I still have a couple things. Sorry. Also, the auditor's office and the treasurer's office was contacted by a representative from New York Life. When the hospital was sold, the pension plan remained with the county. The pension plan... system and it was rolled into an annuity and that annuity is through New York Life and they were actually contacting us because there is a refund due to the county and they're just trying to figure out how to get us paid and in that process we found that the authorized contract holder representatives needed to be updated Um, so Haley has been in contact with them and gave them our address, um, so that they can mail us a check rather than obviously very leery to give wiring information out.

They called me and wanted to know what kind of wiring information. Right. Yeah.

That doesn't sound, that doesn't sound visual. No, they said they were perfectly fine to mail a check and Haley's given them that address. So this authorized contract holder representatives form would have Jim and myself on it. We are already authorized representatives. It would add Haley Hatfield, our treasurer, and Connie, our auditor, and it would remove former DCH representatives, William Ritzman, Michael Schwebler, Benjamin Turner, and Andrea Richter. So I just asked for approval on that.

Make a motion to approve that. I'll second it. All in favor?

Aye. So this is just Jim's signature. Jim, you'll sign up here by your name and down here by your name. And then finally, it's not here tonight, but just to give you a heads up, because I will not be at the next meeting. I've been working with Tamara on an interlocal in the city of Aurora with the city of Aurora to allow Aurora to pay for, install, and maintain decorative lighting on George Street Bridge. That has been prepared and provided to Jared, and we were going to do Aurora's approval on that first before it came to you guys. But I did send you the interlocal and the resolution just now so that you would see it, and I think my email is working now. Aurora hasn't approved anything yet.

At 23rd. Yeah.

Just giving you a heads up because I won't be at your next meeting. And then if you have any questions for Todd about... I'm not going to be at the next meeting. So if you have any questions for me or Todd, now's the time.

Okay.

All right. And that was just an update.

Okay. Is there any later rifle information?

We're quick.

Oh, you're done. Everything you do is not quick.

Just a quick update, and you will see it in your emails from AIC. Just send an email out. As everybody knows, with the price of gasoline will hopefully be coming down soon, there's been a suspension on the gas tax. Okay. The problem is gas tax funds, the highway department. So this will be the first month that we'll see our limited distribution of funds to the highway department. Okay. So we don't know exactly how much. There's some projections up there upwards of maybe 50% of normal draw, which that affects everything we do from running equipment, paying our people, everything else out of that budget. AIC has written a letter to... the office of finance, there is a state law that does allow them under certain circumstances to make up those lost funds as a, from the rainy day fund. So the request is going to be made to the office of finance to make up those funds that the counties are losing as well as the state's losing as well in that case. So that the operations of highway maintenance is not affected by the suspension of gas taxes. So I just want to make sure that you should be in your, I got one earlier right before I came down to the meeting. So you'll be receiving one as well. Just kind of go over what they've done through AIC, asking for the funds that we're not going to receive be made up through the rainy day fund.

Thanks, Todd. Is there anyone else in public comments?

Public comments?

Public comments?

Emily Hartman. I have a few things all regarding the solar data best ordinances. My first question is when will best be discussed since it's with the solar?

What do you mean? Workshops?

Yeah.

Yeah, there'll be a couple items. On BESS and data? Yes. Okay.

She said as time permits, they're going to go through the agenda and go as far as the workshop. Oh, the workshop, you'll get them all? Okay.

We'll have some items at the plan commission, but it's just depending on the time.

With BESS and solar being lumped in together, BESS is going to get overlooked, but it is really important. So I just wanted to Clarify. Well, no, not by you, but probably by the public.

Yeah, well, we'll have it out there.

Okay, well. All right. So, following that, at the first public workshop, well, let me go back. In March, there was public input taken in. There's a chart. Tells how many people submitted certain comments and we know that over 40 citizens requested 1500 foot minimum setback requirements in the public workshop recently that was not an option listed. And so I wanted to know will the public input from March still carry the same weight or will the public workshop intake carry more weight when presenting to the Planned Commission?

It will be the Planned Commission that has the decision. So they'll be talking. So setbacks will be one of the items that will be on the agenda for the Planned Commission.

Okay. I just think the way the public workshop presented the information, it's kind of, it doesn't even give you the option to vote for what you want. So I just want to make sure that if things are being Or maybe we're being mindful that things don't get skewed and public input's not skewed because over 40 people did submit a comment and that wasn't even an option to vote on. Data's already began to be drafted. When will that be shared with the public?

What was the question?

Data has already been drafted partially for anti-blindness law. When will it be shared with the public?

Well, we've got, so there'll be some that will be turned out. So like the intent, the purpose and the intent will be here at the workshop as far as for added comments. So it'll be written out for people to add comments to that. Same with the uh definitions there's some definitions um for solar i did i was talking about just data so sorry so i've mentioned before that we we did a data center moratorium because you were working on an ordinance but it wasn't in place yet it has not been submitted to the plan commission right i know so when will the draft be available though when it's submitted to the point we stopped okay that's the moratorium and flood public okay Yeah. So we weren't working on ordinances. Okay.

And then we'll get to see the purpose and intent soon. Okay.

On Thursday.

So that answers that. All right. So I just wanted to bring up those few things about the ordinance. Speak my piece while I'm here. Make it worth my gas money. And then lastly, just a kind recommendation. the people, most of the people here knew that Nicole was going to give an update on solar data and best, but I would ask with issues with the website and with communications that if we know she's going to talk about solar data and best with those being such huge land use topics that are going to affect our county for generations, if we could, you know, list that out. So it's a little more obvious to people who might not be as involved.

So you would like to see it on the agenda as Yeah, on that. Yeah.

Just to make it more clear, because, you know, I could see this, Nicole does a lot of other things other than those three, right? So, all right, that was it. Thank you.

Okay, thank you. Okay, any other public comments?

Hi, Joshua Holland, Unincorporated Park of Dearborn County, south of downtown Morrisville in Sparta Township. The use of unmaintained county right-of-ways. I recall of many other times, in particular, two years ago during that winter, we had a freeze followed by a melt, followed by rain, followed by freeze. And that allowed for walking of the unmaintained county right-of-ways Nice, pristine look. Able to get access, go across the railroad with a life jacket on and go from the center of that right-of-way and with muck boots slide up Whittaker Creek as far as I could navigably and then go back to the right-of-way and slide all the way down towards as close to Cold Springs as I could on that public right-of-way with navigability and then right back to it. The county right-of-ways are used by uncountless people. 10 years ago, there was a right-of-way that was around the area as part of township that was addressed, community set up. There was some meetings going on. And the only thing that was addressed was cannot drive cars down roads with unmaintained right-of-way with trees in them, which why would you drive a car or vehicle down a road with unmaintained? So there are no litterbugs. This is the most beautiful part of the state of Indiana with its glacial hills and rolling topography. The politics inhale vigorously sometimes. Outside of that, the use of unmaintained right-of-ways. If you're walking on frozen water, well, you know, do so at your own risk. Take all advisories seriously and do so with a life jacket. Muck boots are good. I did not take my cell phone because I was afraid I might fall in, but even still... Very good. Look, slag tight, slag mites, the culverts underneath the railroad froze over as the water was coming through. Very good. Then it warmed up again. So I encourage all citizens to keep it hush-hush and take advantage of it at the same time, the unmaintained right-of-ways. Next topic, public records request. With the public records request, they go to the county auditor. Is that the point of contact?

Yes.

Okay. And the county auditor takes all public records requests and distributes them.

What about the court? And I told you that. Yes, you did. They have to go through the clerk of court. Isn't that right, Andy? And the recorder's office is the same.

Yeah. So with my concern with this here, namely the courts, I'm just now hearing about the recorder's office. The executive checking the judicial branch. So the executive is not allowed to take and say judicial branch, here it is. Because the court... Dearborn County Courts is part of the county, or is that part of the separate judicial? How does that work?

The courts are state offices.

We don't have any county courts here anymore. They're either superior or circuit.

So I took it, as you stated. early this afternoon to the clerk. Clerk wasn't here. I asked for the chief deputy. Chief deputy said, okay, not sure. Take it to Superior Court. Superior Court, we don't do anything here.

The courts won't take it. It will have to be Wendy.

Okay. Going back to the county elected clerk. So that's why I asked for money specifically upon being addressed.

And maybe they don't know. Maybe they don't know. I mean, I don't run their office.

Might have been their first request and just didn't know the procedure. So might have to educate.

Because normally I get them by email. And then I'll let you know that you have to contact the clerk. And she probably checks her emails all the time. She just happened not to be here today.

Of course. Rewinding two or three, four, five years ago, there's a record request submitted. And at that point, the record request, and there's been a couple other records requests between that time too. At that point in time, a couple, three, four, you know, early 2020s, it was everything that's got to go to the auditor. And now I'm hearing, oh, wait, it's got to go to clerk or it's got to go to the courts. It's a matter of, okay, here it is. this person's delegated to, okay, I got this, goes to the respective office, rather than the citizen has to do more work. It goes back to the executive.

It's not enough for me to say that they can give it to you. That's why you go over there.

Because it could be. And with regards to that, I mean, there's other departments to where even that stuff, maybe they couldn't give it to a citizen. And I understand, but at the same time, as the records request person. It's a matter of I got this records request. Here it is. You are the county official.

It doesn't work like that. I was told by the county attorney. Anything through the courts needs to go through the clerk. Correct, Andy?

And I confirm that with the Public Access Council. But I think... Those, a public records request for records held by the clerk doesn't come in very often. Maybe the only other time it did was when I confirmed with the public access counselor, because most people know that if I need a court file, I go to the clerk of courts.

Of course, but this particular one wasn't necessarily looking for a court file. So in that aspect, it's like the county elected person, similar to the recorder, I guess, which is also similar to other offices. I got a records request for public information request. this particular office it's not say hey i need this it's just a matter i i gotta go it's a matter of executive checking as the executive checking the judicial branch or checking the legislative branch if the records request which there's not one at this time well legislative it goes back constitutionally the checks and balances i should not have to be doing more work especially when i went ahead and did it and i went to four different steps still got no okay yes we'll accept that or okay thanks for the information i took your public records request and i also gave you a letter stating that i did on those yes on the yes you did ma'am and i got the letter right here yes ma'am and with regards to a citizen upon okay you the auditor is the person in charge I think you're not looking for that.

Could there be one point of contact?

It's with my understanding.

And that person delegated to the next person now.

Exactly. In my experience, that's been the case. This was a, okay, clerk, okay, go to there, go to here. And then it was like, okay, go to here, go to here. So the process, there's a hole in that process. The form, the printout form, I understand you get them electronically. Okay. Most of them, the form on the internet still has not been adapted since 2014. Um, you know, and I can build grammar on it, but I won't, but there's update the grammar on at least one part of it. Well, we're getting ready to update the website completely.

So hopefully we can get all those caught. And there's a couple other things that have been mentioned. Okay.

One, two. Okay. Third thing. Gas tax taken into the state. Notice, as a member of the general public, when that gas tax was suspended and how it aligned to the primary, the recent primary. And that's all I'll say about it. In addition to this, early 20-teens and middle 20-teens, it was a matter of, oh, we don't have money to fix roads and infrastructure. And then more money came in from the gas tax or something like that. And then this link 101 came through and said, oh, we're going to put more bridges and things like that. Where a few years before that, we need more money for roads and infrastructure. So it's like we want to build more roads and infrastructure, but we need more money for roads and infrastructure. Now we've got this gas tax project.

Are you talking about the county or are you talking about the state?

I'm taking it to the state right now. As a patron comment, you are a member, technically, of the state. So that's why I'm bringing it up.

You can listen to the patron comment.

You can listen to the public comment. It relates to the county because it was going to come through here. So I'm just bringing it up. So I'm going from locals. through the state. I'm bringing it from local rather than going all around and talking about free things. This is public comment. Thank you for listening to the public comment. Thank you.

Okay. Anyone else? Yes. Kevin, can you make a comment?

Yes. I'd like to express the great sadness over the loss of the many lives over the past week and car accidents within the county. This is summertime. We have a lot of people riding motorcycles. We have a lot of people in razors, all-terrain vehicles, people that are maybe going to have summer parties and stuff. So be very mindful of this and express my condolences to those families. that lost their lives, lost loved ones that were hurt and all that. I've been on so many car accidents, I can't remember. I've seen that. And also to the first responders who went out there and had to witness all that.

Just on another, I never thought he's over there. He actually stayed to the meeting, but he has to do a lot of grant writing. I know it's part of his job, but thanks for going through all the paperwork to get that. I mean, that does get the county a lot of money. And if anybody's ever written a grant or done that kind of paperwork, it's more exhausting than going out and building the bridge sometimes. So thanks for that work.

Okay, I don't have anything this evening, so we have nothing else to do.

I move to adjourn. I'll second.

All in favor?

Aye. Move to adjourn.

Before the summer. I'll send them to you.