WEBVTT

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- I call to order this meeting and Monroe County Board of Commissioners. It's Thursday, September 25th.

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- I will note for the record that Commissioner Madeira and myself, Commissioner Thomas are present here

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- in the NatU Hill Room. And we'll start with our

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- public statement. We, the Monroe County Board of Commissioners, renew our commitment to welcome and

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- protect the rights of all people, regardless of age, race, color, creed, disability, sexual orientation,

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- gender, gender identity, marital status, economic status, and national origin. And we affirm the right

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- of every person to live peacefully and without fear, and we will fight and resist at every

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- step discrimination and harmful policies, whatever their source. We believe

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- in diversity, equity, inclusion, and belonging. We also stand in support of our county public school

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- systems, both RBB and MCCSC. And with that, we'll move on to our department. Our department updates

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- will begin with the health department, please. Good morning, commissioners. As of September 23rd, there

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- has been a small decrease in

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- emergency department visits for COVID-like illness. Wastewater concentrations are still high but lower

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- than previous years. The Centers for Disease Control and Prevention's Advisory Committee on Immunization

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- Practices has recommended COVID-19 vaccination be determined by individual decision-making for adults

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- 65 and older. For those six months to 64 years,

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- ASEF emphasized that the risk benefit of vaccination is most favorable for individuals at increased

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- risk of severe illness. The CDC recommends an annual flu vaccine for all people six months and older.

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- Recommendations for the RSE vaccine are unchanged at this time.

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- A single dose of the vaccine is recommended for adults over the age of 75 and those 50 to 74 who are

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- at increased risk of severe RSV disease. Our public health clinic has vaccines available. You can call

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- 812-353-3244 for an appointment. All right. Thank you so much. Comments or questions, Commissioner Madeira?

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- I have none. Thank you so much.

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- I don't have any questions either. The CDC site showed on a map, but it was outdated already. It's over

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- two weeks old, unfortunately, almost two weeks old, that Indiana is very high in terms of our COVID

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- prevalence in the wastewater. So thank you so much. We have an update from Ms. Ridge. Good morning.

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- Good morning. Just want to announce that we will have a ribbon cutting tomorrow at 9 a.m. for the Fullerton

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- Pike project. We will have a little bit of work to complete over the next 30 days or so finishing up

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- the project, but it should not impede traffic too much, maybe sporadic flagging operations. But for

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- the most part, it will be open to the traveling public from here on out.

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- Okay, thank you so much. Very exciting. I'm looking forward to it. That's another achievement.

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- Thank you. Huge achievement for highway for sure. All right. Any other departments have an update for

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- us? All right. Seeing none, we will now open

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- The floor for public comment. This is for items not on our agenda. We ask that speakers limit their

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- time to three minutes per person. And we ask you to provide your name and county of residence. You may

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- raise your hand on teams to be recognized or come to the podium here in the NatU Hill Room.

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- seeing none, we'll move on to our next item, please. I would like to move to approve the minutes for

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- September 11th, 2025. Second. Any comments, corrections, or edits? Nope, I already have them in.

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- All right. I don't have any either. All those in favor of approving the minutes for September 11th,

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- 2025, signify by saying aye. Aye. Motion carries. 2-0. Next item, please.

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- I would like to move to approve the claims docket for accounts payable for September 25th, 2025, and

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- for payroll for September 19th, 2025. Second. Ms. Moser, please. Good morning, commissioners. The accounts

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- payable claims docket for September 25th, 2025 totals $3,197,786.07. This includes all emergency claims

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- and adjustments.

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- The payroll docket for September 19th, 2025 includes $1,622,537.45 in direct costs, and the remaining

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- $693,848.41 were for indirect costs for a grand total of $2,316,385.86.

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- Thank you so much. Comments or questions? Commissioner Madeira? I actually have none. Thank you. I don't

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- either. Thank you so much. Let's see if there's any public comment on this item. You can raise your

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- hand on Teams or podium here in the NatU Hill Room.

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- seeing none all those in favor of approving the claims docket accounts payable September 25th 2025 and

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- payroll September 19th 2025 signify by saying aye aye motion carries to zero I will note for the record

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- that we have received reports from the clerk for August 2025 and the treasurer also August 2025 and

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- with that we'll move on to new business please

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- I would like to move approval for RQAW Corporation Professional Services for generator projects at County

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- Highway Garage and the Youth Services Bureau. Fund name 2024 Geobahn, fund number 4819 in an amount

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- not to exceed $67,000. I will second that. Mr. Kreider. Good morning, commissioners. Richard Kreider,

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- Building and Fleet Department. This request is to accept the proposal submitted by RQAW in an amount

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- not to exceed $67,000.

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- to provide professional services to include design development, final design, bidding and construction

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- administration for installation of a new diesel emergency generator that is capable of full facility

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- backup at the highway garage. This project also includes relocating the existing generator at the highway

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- garage to the Youth Services Bureau to provide emergency power to the residential portion of the building.

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- Thank you so much. Comments or questions, Commissioner Madure? No, really essential to have power at

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- that location. So happy to do this. It's a great, great use of that generator. So good thinking.

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- Thank you. Let's see if there's any public comment on this item. You raise your hand on teams or come

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- to the podium.

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- Seeing none, all those in favor of approving the RQAW Corporation Professional Services agreement for

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- projects at County Highway Garage and Use Service Bureau signify by saying aye. Aye. Motion carries

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- to zero. Next item, please. I would like to move approval for resolution 2025-40, surplus property.

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- I will second that. Mr. Crider, are you handling this one? Yeah, I'll take this one. Various departments

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- have submitted items to surplus. The maintenance department, we have some broken, unserviceable, and

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- obsolete tools there to be recycled at the waste reduction district. The prosecutor's office has three

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- desks that are no longer needed. They're past service life. They'll be sold for scrap metal at the salvage yard.

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- The highway department has 50 used street signs that have been replaced with new. And those will be

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- auctioned on govdeals.com. Fleet, we have a 2012 Chevy Equinox that we'd like to donate to Health Net.

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- Excellent use of that vehicle. Comments or questions? Commissioner Madeira? I always am glad to reuse

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- or otherwise productively

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- you know, dispose of these materials. So thank you. All right. Let's see if there's any public comment

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- on this item. Raise your hand on teams or come to the podium. Seeing none, all those in favor of approving

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- resolution 2025-40, signify by saying aye. Aye. Aye. Motion carries 2-0. Thank you, sir.

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- Next item, please. I would like to move approval for Smithville Fiber Carst Park Internet Agreement

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- Fund name County General Fund number 1000 in the amount of $21,150. I will second that. Mr. Crone. Good

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- morning, everyone. So just a few weeks ago, Smithville Fiber completed the fiber project at Carst Farm Park.

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- They've tied off the fiber that's located at the highway garage to provide that to that location so

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- that we can have better coverage for the patrons that visit out there. So now it's time to pay for the

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- actual internet service to back it. So this will be tied into the agreement we already have for the

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- highway department's internet service. It comes at a charge of $450 a month that will add to that agreement.

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- Thank you so much.

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- questions, Commissioner Madure? You know, I think this is just really fabulous because there is a lot

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- of residents that use these fields. It's really a safety feature. I think if you're encountering car

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- difficulties out there, if you run into an issue, it's really just essential. It's not really even a

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- convenience factor. So I think this is wonderful. Thank you. Yeah. So this is so the ARPA funding was

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- utilized to bring Internet

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- to Karst Farm Park, but this is the actual internet bill. That is correct. To pay for it, got it. Perfect,

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- thank you so much. All right, let's see if there's any public comment on this item. You raise your hand

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- on teams or come to the podium. Seeing none, all those in favor of approving the Smithville Fiber Karst

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- Park internet agreement signify by saying aye. Aye. Motion carries.

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- I would like to move approval for Toshiba copier agreement for the voter registration office. Fund name,

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- cumulative capital, fund number 1138 in the amount of $3,614.28. I will second that. Mr. Crown, tell

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- us all about it, please. So approximately three years ago, we replaced half of our copier fleet, which

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- was about 75 copiers with Toshiba's. The plan being to get through

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- year four of a five year agreement before we advance the rest of the retired the rest of the Rico's

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- with for Toshiba. Unfortunately, the voter edge copier.

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- completely burned. It's beyond repair at this point. Can't get parts for it either. So we need to go

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- ahead and get that one taken care of ahead of all the other refresh on that. So this is for one single

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- copier. It is a lease agreement over a term of 60 months, at the end of which we do have a dollar buyout.

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- We will own the equipment. And this does meet state QPA pricing for the copier.

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- Thank you so much for managing the fleet of copiers that we have. Comments or questions? Commissioner

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- Madera? Nope. The RICO's must be recalled at some point. And so these are essential. I mean, again,

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- this is sort of the bare bones of government business. All right. Let's see if there's any public comments

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- on this item. You raise your hand on teams or come to the podium.

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- All those in favor of approving the Toshiba copier agreement for voter registration office signify by

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- saying aye. Aye. Motion carries 2-0. Thank you very much. Okay. Item please. I would like to move approval

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- for ordinance 2025-29 to amend the Monroe County code chapter 360, the solid waste disposal. I will

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- second that. Looks like we have our health department folks here.

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- Good morning. Good morning. Mike is in good with the Monroe County Health Department. Semi and I are

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- requesting for the general environmental chapter 360 waste haulers. The vehicles permits be discontinued.

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- So it's the program started in the 70s when we had landfill and toxics PCB sites. Those are no longer

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- available here in the county. Then also a few local health departments are doing this. The only ones

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- we're aware of St. Joe and Clark County.

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- Thank you so much. Comments or questions, Commissioner Madeira? No, it makes sense to me. Thank you.

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- Yeah, it does make sense. But so if a resident sees an issue, they should call IDEM, I assume? Department

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- of Transportation, the state police, and also we're available if needed. But I mean, there's

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- other departments, agencies that take it will do this task as well.

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- Excellent. Thank you. It's just always good to know where people can contact an agency if they see an

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- issue. So thank you so much. It's very important that most of everything that's in 360 will still give

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- both the waste district and our department the ability to, if we can determine source of trash on the

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- wayside so we can still do that. Right. So after the fact, yes, absolutely. Yeah. No, that's an important

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- thing to point out. Thank you for that.

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- All right, let's see if there's any public comments on this item. You raise your hand on teams or come

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- to the podium. Seeing none, all those in favor of approving ordinance 2025-29 signify by saying aye. Aye.

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- Motion carries 2-0. Thank you. Thank you so much. Thanks. Item, please. I would like to amend the Monroe

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- County restricted addresses policy. Second. Mr. Cochran? Yes. State code has a provision in it that

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- requires us to, if requested, protect information of people of certain characters.

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- in our public database. So like when you go on the GIS, I think it's primarily what we're talking about

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- here. And basically it's to hide the addresses of people who may have sensitivities to people, the public

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- at large, knowing where they're at. State code has recently changed to identify different groups of

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- people who this would apply to. And this is just bringing that, our code in compliance with state code.

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- Thank you so much. So I think my question relates to, I know it's following state law, but item three

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- lists a victim of domestic violence, but that got crossed out

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- to read and address confidentiality program participant. Can you speak on that? I can do my best. I

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- think the victims of domestic violence, if the court found it, would include them. And it might be a

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- little broader. So it might include other people who would enter that address confidentiality program

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- that may not be a domestic violence victim, but could be something akin to that where we would want

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- to protect

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- their identity, where they live on our public database. Thank you. I just want to make that clear to

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- everyone that we're not eliminating that protection. Okay. Any questions or comments? No, I was going

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- to say I looked at the elaboration of that and see, and there's actually a public program that's certified

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- under the state code and it does appear to be broader. Yeah.

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- There's any public comment on this item. You can raise your hand on teams or come to the podium.

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- Seeing none, all those in favor of amending the Monroe County restricted addresses policies signify

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- by saying aye. Aye. Motion carries.

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- I will second that. Um. I don't know if you want to speak on this

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- So Ms. Purdy has kindly agreed to read out the names and the amounts for us, and then we'll go from

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- there. If you want, I can note that this is the local coordinating councils were formed in

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- 1991 in association with Governor by anti-drug initiative at that time.

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- These councils support and promote, these councils exist across the state, promote local efforts to

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- prevent and reduce harmful involvement with alcohol and other drugs. And as such, the board of commissioners

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- are responsible for approving this disbursement of funds. And so at this point in time, I'll just start

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- reading out names. And I do know that there's two people, I believe, who are not here and unable to

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- pick up their

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- their funding, but we will reach out to them and get them in here so they can get that. So the first

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- one would be for the Monroe County Drug Treatment Court and Monroe Circuit Court Probation Department.

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- And they're receiving one check. Monroe County Drug Treatment Court gets $1,462.50 and the probation

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- gets $1,162.50. Thank you. You're welcome.

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- The second one is New Leaf New Life for their reentry programs, and that is $4,910.39. We have, okay,

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- so this one, the Bloomington Police Department did in fact receive some funding of $1,862.50, and that's

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- for a Sotoxa test system.

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- It's enhanced roadside detection of drug impaired driving. The next one is Amethyst House. Yep. And

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- that's for the men's program at $5,010.39. And then I believe Amethyst House is also picking up for

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- the women's program at $4,062.50. And they're both on that one check.

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- Yep. Courage to Change is the next one. For Sober Living, $5,292.29. Beacon is also not able to be here,

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- and that is for their Crawford Homes program. It's a sum of $4,614.61. Big Brothers, Big Sisters for

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- mentoring.

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- $5,233. PALS, People and Animal Learning Services, for $3,283 for their changing leads, changing lives.

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- I don't know what wonderful work animals and horses do for other people, me especially.

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- And then the last one will go to the cares board itself for their operating expenses in the sum of $5,250.

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- So thank you. Thank you so much. Was there was there anybody who wishes to speak from the cares board?

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- Mr. Mullen, did you want to speak on this? Sorry, don't sit down yet. Sure. I'm Steven Malone, CARES

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- Board President. I'm also a probation officer and director of the Monroe County Circuit Court Problem

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- Solving Courts Program. This is a pretty judicious project we go through each year as far as handing

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- out the grants, and we appreciate the commissioners helping us with this.

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- keeping me on the right track as far as what I need to do and how I need to do it because for some reason

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- I can't get it straight every year. But unfortunately the money keeps dwindling. However, we're doing

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- our best to make sure that everybody gets what they deserve based on their scores on the grants. And

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- I do want to make mention about the Sotoxa machine. It's a really cool machine. I actually purchased

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- one for our problem solving course last year through a state grant. It's an instant saliva oral swab.

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- that you can do and get results within five minutes that will detect. The unfortunate thing is it does

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- not detect for alcohol, but it tests for, you know, opiates, benzos, amphetamines, cocaine, buproponephrine,

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- stuff like that. So it's a really cool that the officer can use out in the field if he suspects somebody's

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- been using that's not drinking alcohol. So it's a really cool machine. But we appreciate your help.

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- and the checks and I, as I told Angie, I will have my CARES board coordinator, Lisa Muser, reach out

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- to the two that weren't here this morning to make sure they get their checks. Any questions? Just what

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- a wonderful series of grants. Thank you.

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- actually seen that machine, they use it widely in Europe on the roadsides. It's surprising that it's

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- taken so long to come to the US, but it's accurate enough to get a reading to bring someone back for

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- a blood draw to get something that's legally binding. And it's really a huge help because this is

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- part of the issue with roadway safety. And we won't use those as a piece for the problem solving courts

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- as far as sanctioning somebody. If they use, we will actually get one that we will send off to the lab

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- to get confirmation just to make sure that have the scientific proof there in front of us. And I assume

00:25:40.229 --> 00:25:46.372
- the BPD will do something similar to that as well. Absolutely. Thank you so much. Thank you. Thanks.

00:25:46.372 --> 00:25:48.926
- Is there any public comment on this item?

00:25:49.506 --> 00:25:58.576
- You can raise your hand on teams or come to the podium. Well, the checks are already gone, so it seems

00:25:58.576 --> 00:26:07.646
- a little anticlimactic. But all those in favor of approving the CARES Board disbursement of checks for

00:26:07.646 --> 00:26:16.893
- grantees for 2025, signify by saying aye. Aye. Motion carries, fortunately, to zero. Yeah, I don't know.

00:26:16.893 --> 00:26:18.654
- Do we just go back?

00:26:19.330 --> 00:26:28.028
- I'm back with the checks. Okay. Next item, please. I would like to move approval for Ordinance 2025-32

00:26:28.028 --> 00:26:36.641
- to amend the Monroe County Code, Chapter 760-13. Second. And we have Mr. Schilling joining us to tell

00:26:36.641 --> 00:26:44.495
- us all about the drainage board changes. Good morning. Good morning. Dave Schilling from the

00:26:44.495 --> 00:26:48.126
- legal department. And this first ordinance

00:26:48.322 --> 00:26:56.575
- adds to the power or clarifies that the drainage board has the authority to identify critical watersheds

00:26:56.575 --> 00:27:04.828
- and sensitive areas. And critical watersheds would be like Cave Creek, areas where we've had substantial

00:27:04.828 --> 00:27:12.766
- flooding history. And sensitive areas are things like wetlands, slopes greater than 15% or falluvial

00:27:13.858 --> 00:27:21.013
- erosion hazard corridors, things like that. And these characteristics, the critical watersheds and the

00:27:21.013 --> 00:27:28.306
- sensitive areas are identified in our stormwater technical manual and in our stormwater plan. And you've

00:27:28.306 --> 00:27:35.461
- approved the ones that have been identified in the past, but we just wanted to make sure that everyone

00:27:35.461 --> 00:27:43.102
- knows that the Drainage Board has the authority to identify those and establish those. And then when they do,

00:27:43.202 --> 00:27:49.115
- we would need to come back and amend the plans through the commissioners. Perfect. Thank you. Comments

00:27:49.115 --> 00:27:55.028
- or questions, Commissioner Maduro? Nope. Again, something that needs to be done because we keep having

00:27:55.028 --> 00:28:01.113
- these events and the drainage board needs to have the authority to deal with them. Thank you for bringing

00:28:01.113 --> 00:28:07.026
- this forward, Mr. Schilling. Let's see if there's any public comments on this item. You can raise your

00:28:07.026 --> 00:28:09.150
- hand on Teams or come to the podium.

00:28:16.642 --> 00:28:25.271
- Seeing none, all those in favor of approving ordinance 2025-32 signify by saying aye. Aye. Motion carries

00:28:25.271 --> 00:28:33.655
- to zero. Next item, please. I'd like to move approval for ordinance 2025-33 to amend the Monroe County

00:28:33.655 --> 00:28:41.958
- code chapter 761. Second. Mr. Schilling. Thank you. Earlier this year, we had a comprehensive rewrite

00:28:41.958 --> 00:28:46.110
- of chapter 761, which is our stormwater ordinance.

00:28:46.274 --> 00:28:57.421
- And since we adopted that, the legislature adopted House Enrolled Act 1037, which basically said that

00:28:57.421 --> 00:29:09.006
- local ordinances could not be more strict or restrictive than the state's construction general stormwater

00:29:09.006 --> 00:29:14.142
- permit. And that the state's permit applies to

00:29:14.530 --> 00:29:23.660
- land disturbances that are greater than one acre or less than one acre in a common plan of development.

00:29:23.660 --> 00:29:32.615
- And our ordinance had extended that to land disturbance of less than an acre. So we had to go through

00:29:32.615 --> 00:29:36.478
- and revise the provisions to make sure that

00:29:36.994 --> 00:29:45.158
- Our ordinance would not be interpreted in a manner contrary to House Enrolled Act 1037. So those are

00:29:45.158 --> 00:29:53.564
- basically the changes we made. Comments or questions, Commissioner Madeira? Nope. Again, something that

00:29:53.564 --> 00:29:58.494
- makes sense. I've already seen this at the stormwater board.

00:29:58.754 --> 00:30:08.627
- I'm not sure if we're going to be able to do that on a public level so this isn't a new document for

00:30:08.627 --> 00:30:18.500
- us, but I appreciate the explanation for those who are seeing this for the first time. All right, so

00:30:18.500 --> 00:30:27.102
- let's see if there's any public comment on this item. You raise your hand and teams are

00:30:27.778 --> 00:30:43.775
- I would like to move approval for the end agreement for the design of the old 37 south and Dillman Road

00:30:43.775 --> 00:30:56.542
- intersection. I'm sorry, fun name, old 30 old a state road south and Dillman Road.

00:30:56.834 --> 00:31:04.079
- I would like to move approval for the Sheriff's Donation Agreement, fund name donations, Sheriff's Reserved,

00:31:04.079 --> 00:31:10.726
- fund number 4115. Second. Mr. Cockrell. Yes, and this is something that we've been working with the

00:31:10.726 --> 00:31:17.506
- Monroe County Auxiliary Police Incorporated, which I will refer to as the Sheriff's Reserves from now

00:31:17.506 --> 00:31:23.422
- on because that is how I think people think of them. Their not-for-profit is dissolving.

00:31:23.874 --> 00:31:30.036
- the volunteers and things will still be housed somewhere under the sheriff's umbrella. But when they

00:31:30.036 --> 00:31:36.198
- dissolve, they've got assets that they want to give to the county. Some is cash or cash equivalents,

00:31:36.198 --> 00:31:42.421
- which I assume is all going to be cash. And we created a fund for that earlier this year. And so this

00:31:42.421 --> 00:31:48.583
- just says that that money will be placed in that fund. The other is they have, they build a building

00:31:48.583 --> 00:31:53.342
- on county owned property. And this is kind of clarifying and making sure that

00:31:53.954 --> 00:32:00.995
- that is being donated to the county. So we kind of are joining those two property interests together.

00:32:00.995 --> 00:32:08.105
- Their intent is, their hope is that this remains as part of the law enforcement sheriff's network, but

00:32:08.105 --> 00:32:15.216
- it's not a binding commitment from now till the end of time. I believe the intent is that whoever buys

00:32:15.216 --> 00:32:22.119
- the property will make sure they know that that was the intent of the donation. And I think for the

00:32:22.119 --> 00:32:22.878
- most part,

00:32:23.266 --> 00:32:30.653
- the intent is to keep that as a sheriff's sheriff's reserves but we are going through a kind of a big

00:32:30.653 --> 00:32:38.040
- cycle of how we look at property right now and we're going to have to determine what is in the future

00:32:38.040 --> 00:32:45.500
- the best use of that. Thank you so much. Comments or questions? Commissioner Medeo? No. This all makes

00:32:45.500 --> 00:32:52.670
- sense and clearly that's the intention is to maintain a sheriff's reserve office on that location.

00:32:52.770 --> 00:33:03.450
- Let's see if there's any public comment on this item. You raise your hand on teams or come to the podium.

00:33:03.450 --> 00:33:13.626
- Seeing none, all those in favor of approving the sheriff's donation agreement signify by saying aye.

00:33:13.626 --> 00:33:18.462
- Aye. Motion carries to zero. Next item, please.

00:33:18.722 --> 00:33:27.192
- I would like to move approval for the end on agreement for the design of the old 37 South and Dillman

00:33:27.192 --> 00:33:35.495
- Road intersection fund name old State Road South and Dillman Road fund number 8191 in the amount of

00:33:35.495 --> 00:33:43.965
- $481,500. I will second that. Ms. Ridge. Good morning. On September 4th, you approved a contract with

00:33:43.965 --> 00:33:46.622
- DLZ and the amount of $539,500.

00:33:46.722 --> 00:33:54.755
- Uh, this is in dots agreement to cover 80% for that contract. Um, and, um, 481,500 dollars and the remainder

00:33:54.755 --> 00:34:02.273
- will be, um, local funds. Thank you so much. Comments or questions. Commissioner Madure. Nope. Again,

00:34:02.273 --> 00:34:09.790
- this is something that I really like seeing move along. Yeah, it's a great project. What, what is the

00:34:09.790 --> 00:34:12.222
- general timeline at this moment?

00:34:14.978 --> 00:34:20.802
- I believe it's fiscal year 2028 was the award for that project. That's what I thought. It's a little

00:34:20.802 --> 00:34:26.567
- ways out, but there's a lot of work that has to be done first. It's about four or five years to get

00:34:26.567 --> 00:34:32.449
- to the construction. Excellent. Thank you so much. All right. Let's see if there's any public comment

00:34:32.449 --> 00:34:36.254
- on this item. You raise your hand in teams or come to the podium.

00:34:46.850 --> 00:34:53.966
- All those in favor of approving the in that agreement for design of the old 37 South Dillman

00:34:53.966 --> 00:35:01.695
- Road intersection signify by saying aye. I motion carries two zero. Thank you, ma'am. All right. Um,

00:35:01.695 --> 00:35:09.499
- item L, please. I would like to move approval from Monroe County Commissioners, Food and Beverage Tax

00:35:09.499 --> 00:35:15.774
- Plan for 2026 2027. Uh, I will second that. Um, and this one's on me. Um, we, um,

00:35:15.938 --> 00:35:24.838
- to present or are required to present as part of the food and beverage tax, which the county receives

00:35:24.838 --> 00:35:33.999
- 10%. The remainder goes to the city for the convention center. Ours is dedicated for tourism or economic

00:35:33.999 --> 00:35:43.161
- development projects with the emphasis on projects. And we need to present this to the Food and Beverage

00:35:43.161 --> 00:35:45.342
- Tax Advisory Commission.

00:35:46.050 --> 00:35:55.626
- There is a meeting tomorrow at 11 a.m. here in the NatU Hill Room where this plan and the city's plan

00:35:55.626 --> 00:36:05.014
- will both be reviewed and voted on by that board. And there is an outline. This was submitted late,

00:36:05.014 --> 00:36:14.590
- so I apologize to the public. But there is a general outline that shows expenditures out of this fund

00:36:14.722 --> 00:36:22.973
- And early on, we provided a lot of COVID assistance in the form of grants rather than loans to local

00:36:22.973 --> 00:36:29.182
- businesses and the Monroe County Convention Center. That was 2020 and 2021.

00:36:29.282 --> 00:36:40.133
- there's a Harrisburg Fireworks show in 2024 received $6000. But otherwise we do plan to proceed with

00:36:40.133 --> 00:36:50.876
- the quarry in the Uplands project, which it's more than a park. It's way more than a park. But, um,

00:36:50.876 --> 00:36:55.710
- we've been a bit delayed due to the issue of

00:36:55.938 --> 00:37:05.307
- fitting this in as we are moving toward the final design for the Justice Center. At first it was, are

00:37:05.307 --> 00:37:14.860
- we buying that property at North Park or not because it adjoins this 99 acres that the county owns with

00:37:14.860 --> 00:37:15.870
- old quarry

00:37:16.002 --> 00:37:25.756
- and we have a number of spots on it. So there is a committee of fine residents who all have different

00:37:25.756 --> 00:37:35.415
- interests and areas of expertise. And we just have in the plan a very, very general outline, because

00:37:35.415 --> 00:37:41.918
- one of the first things we're going to have to do is a master plan,

00:37:44.002 --> 00:37:58.155
- of the delay is, which entrance are we using? But it would be a very public intensive series of meetings

00:37:58.155 --> 00:38:09.342
- to begin that planning process. Because really, it is the county's residence land.

00:38:09.730 --> 00:38:17.842
- There are so many possibilities and opportunities. We do know we want to develop an outdoor and eventually

00:38:17.842 --> 00:38:25.499
- an indoor limestone history center. And that's going to be a big part of this, but certainly there's

00:38:25.499 --> 00:38:30.654
- a lot more that can be done with this property. So the master plan.

00:38:31.490 --> 00:38:39.564
- and then site safety improvements, meaning getting people onto the property, and then gradually over

00:38:39.564 --> 00:38:47.797
- time, seeing, depending on what the public wants, developing different pieces of this property to meet

00:38:47.797 --> 00:38:56.111
- the community's needs. It's going to be very exciting, but that is the plan for our portion of the food

00:38:56.111 --> 00:38:57.150
- and beverage

00:38:57.314 --> 00:39:06.054
- tax dollars. And I'd like to bring this to the Food and Beverage Tax Advisory Commission tomorrow for

00:39:06.054 --> 00:39:15.308
- their final stamp of approval. And that is it. So do you have any questions? No. And just it looks exciting

00:39:15.308 --> 00:39:24.734
- to move this along because I know that for the past several years, we haven't had an expenditure. And I think

00:39:25.122 --> 00:39:33.668
- you know, it's time to have one. Oh, yeah. We will definitely do that. Yeah. And, you know, knowing

00:39:33.668 --> 00:39:43.069
- where we can park, knowing which entrance we should use has a lot to do with that justice center development.

00:39:43.069 --> 00:39:50.590
- So I feel like we are poised to launch. And I know we've got some potential consultants

00:39:51.970 --> 00:40:01.392
- we're going to go through a vetting process, and that will come before us for a contract approval so.

00:40:01.392 --> 00:40:10.630
- From that committee, so that will be a recommendation from that committee. Let's see if there's any

00:40:10.630 --> 00:40:20.606
- public comment on this item. You raise your hand on teams or come to the podium. Alright, and I do want to.

00:40:21.730 --> 00:40:30.878
- I would like to. Give a quick shout out to our great planning director is Nestor Jelin for all our help

00:40:30.878 --> 00:40:39.851
- with this project because we're and we've got more to do and she knows it so. All right with that and

00:40:39.851 --> 00:40:48.735
- no other no public comment. All those in favor of approving the Monroe County commissioners food and

00:40:48.735 --> 00:40:51.198
- beverage tax plan 2026 2027

00:40:52.386 --> 00:41:01.136
- All right, we will move on. Well, I will actually open this up. I'm going to open up a public hearing

00:41:01.136 --> 00:41:09.801
- on ordinance 2025-27, which is a vacation of right of way of a portion of West Marshall May Road. So

00:41:09.801 --> 00:41:15.806
- petitioner? Yes. Please, please share your name and tell us about it.

00:41:16.258 --> 00:41:22.804
- I'm Deborah Pardue. I bought some property off of my neighbor off of South Ketchum Road. She had a 26

00:41:22.804 --> 00:41:26.398
- acre plot. We did an administrative type E subdivision.

00:41:26.754 --> 00:41:34.997
- the property. The property was removed last summer during the survey, which was completed by Eric Deckard

00:41:34.997 --> 00:41:43.395
- in July. Part of the type the administrative subdivision requirements required us to do a 25 ft or required

00:41:43.395 --> 00:41:51.250
- her the property owner at that time. To do a 25 ft dedicated easement or right of way along Marshall

00:41:51.250 --> 00:41:56.382
- May road in on our property that requirement was removed from the

00:41:56.482 --> 00:42:02.824
- add to public burden or anything. And so I was asking for that to be removed from my land because people

00:42:02.824 --> 00:42:08.985
- can park in that easement and I can't do anything about it and they can sit there for as long as they

00:42:08.985 --> 00:42:11.582
- want. They can leave trash on my property.

00:42:12.098 --> 00:42:18.360
- and so I'm only asking for vacation or right of way. The county has imposed the option for vacation

00:42:18.360 --> 00:42:24.810
- or roadway, which if there is a vacation or roadways that is decided on, I'm gonna ask that the county

00:42:24.810 --> 00:42:31.323
- pay the legal burden for the permanent easement that would need to be granted among all property owners

00:42:31.323 --> 00:42:37.711
- for the mays who live at the end of Marshall May to be able to access their house because if the road

00:42:37.711 --> 00:42:38.462
- is vacated,

00:42:38.594 --> 00:42:44.686
- then they become landlocked and then the three property owners who own the property that make up Marshall

00:42:44.686 --> 00:42:50.721
- May Road then are required to come together to make an agreement for them to be able to have a permanent

00:42:50.721 --> 00:42:56.756
- easement to access their property. And so my petition was only for vacation of the easement that affects

00:42:56.756 --> 00:43:02.848
- my property, not the roadway. It was the highway department and legal department that threw in the option

00:43:02.848 --> 00:43:06.526
- to vacate the roadway. That was not something I was asking for.

00:43:07.426 --> 00:43:14.204
- We may need to hear from you again. So if you don't wouldn't mind, I think we'll go to legal next. Thank

00:43:14.204 --> 00:43:20.916
- you so much. Hello, Justin Rodding with the Merrick County Legal Department. I'm here on this ordinance

00:43:20.916 --> 00:43:27.823
- today. I'm going to turn it over shortly to Ms. Jelen. But this is a situation where we've been in contact

00:43:27.823 --> 00:43:34.278
- with Ms. Perdue for some time. It is correct that this land was subdivided in July of last year. As

00:43:34.278 --> 00:43:37.118
- part of that, there was a dedicated 25-foot

00:43:37.346 --> 00:43:43.789
- right of way from the center of the roadway. The roadways varies between about 10 and 14 feet. So it's

00:43:43.789 --> 00:43:50.357
- about 20 feet to maybe 18 feet off the side of the roadway on the south side. I do have some information

00:43:50.357 --> 00:43:56.987
- that I'd like to pass out if I could that was inadvertently neglected to be put in the packet. Ms. Pardue

00:43:56.987 --> 00:44:03.368
- was given a copy by Ms. Jelen, but this has some additional information, including better photographs

00:44:03.368 --> 00:44:06.558
- of what we believe the actual right of way section

00:44:21.506 --> 00:44:28.153
- So I'm going to provide a little bit of additional context and here with my colleagues Ben Ayers with

00:44:28.153 --> 00:44:34.736
- the Highway Department and of course Justin Roddy who just spoke. As Ms. Perdue stated this property

00:44:34.736 --> 00:44:41.253
- was subject to a type E administrative subdivision last year. When our county development ordinance

00:44:41.253 --> 00:44:47.900
- passed we did remove the requirements since then to no longer require type E's which this was subject

00:44:47.900 --> 00:44:49.790
- to to dedicate right of way.

00:44:50.626 --> 00:44:58.213
- However, for its plats that have already dedicated right of way, the planning department cannot vacate

00:44:58.213 --> 00:45:05.800
- that right of way. West Marshall May is a county maintained road. It's a gravel road. It's been in the

00:45:05.800 --> 00:45:13.166
- county inventory for several decades. And from our research, it's only accessing one home. But that

00:45:13.166 --> 00:45:17.438
- one home that's receiving access through this county road

00:45:17.538 --> 00:45:25.096
- is actually addressed off of Ketchum, which is the nearest other county road intersecting the street.

00:45:25.096 --> 00:45:32.654
- So I just want to point you to the packet of information that was just handed out. On page 14 of that

00:45:32.654 --> 00:45:40.286
- packet, the second to last page, it defines some of the Indiana code references that we're using here.

00:45:40.418 --> 00:45:51.204
- Under IC 36-7-1-17, it states that a public way includes highway, street, avenue, boulevard, road, lane,

00:45:51.204 --> 00:45:55.518
- or alley. This is West Marshall-May Road.

00:45:55.682 --> 00:46:02.034
- And then if you further look into what those definitions mean, we were able to find just highway or

00:46:02.034 --> 00:46:08.513
- street, which means the entire width between the boundary lines of every publicly maintained way when

00:46:08.513 --> 00:46:15.120
- any part of the way is open to use of the public for purposes of vehicular traffic in Indiana. The term

00:46:15.120 --> 00:46:17.470
- includes an alley in a city or town.

00:46:18.722 --> 00:46:24.757
- So typically when we see these right of way vacation petitions come through, it's not necessarily a

00:46:24.757 --> 00:46:30.912
- road. Maybe it's a right of way for an intended road. When speaking with Mr. Ayers, this is the first

00:46:30.912 --> 00:46:36.766
- time in a very long time where we've had a right of way vacation of an actual road come through.

00:46:36.866 --> 00:46:44.064
- So our suggestion on page 15 is that the commissioners have one of the three options. So number one,

00:46:44.064 --> 00:46:51.404
- you could deny any vacation request and keep the right of way as it is on the type E plat. Number two,

00:46:51.404 --> 00:46:58.317
- you could vacate the entire roadway, which currently serves one property owner. Or number three,

00:46:58.317 --> 00:47:04.446
- as Ms. Perdue would like you to do, is vacate a portion of the right of way, which is

00:47:04.546 --> 00:47:08.190
- primarily the grass surrounding the road, but not the road itself.

00:47:08.322 --> 00:47:14.981
- I guess our position is that the code is pretty clear under the state, which says a vacation is the

00:47:14.981 --> 00:47:21.640
- entire road, it's not just the grass. And what they're asking is that basically we keep maintenance

00:47:21.640 --> 00:47:28.366
- of West Marshall-May Road without any room for, right now, a turnaround. So if this were to actually

00:47:28.366 --> 00:47:35.491
- pass, we would have to work through some sort of MOU to actually even get a vehicle down there to maintain

00:47:35.491 --> 00:47:38.288
- the road. And I know also in this packet,

00:47:38.288 --> 00:47:45.947
- Earlier this year, there have been costs associated with it being in the, in the right of way. Mr errors

00:47:45.947 --> 00:47:53.534
- pooled from their database, a some information about a tree removal and the costs associated with that.

00:47:53.666 --> 00:48:01.571
- which was $1,283.75. And then he also has some information about the cost of maintaining this road,

00:48:01.571 --> 00:48:09.556
- I believe in a year's time that I might have him speak to. But that's just generally some background

00:48:09.556 --> 00:48:17.461
- and happy to answer any questions you might have. Thank you so much. We might have you come back up

00:48:17.461 --> 00:48:22.046
- for questions. Mr. Harris, did you want to speak on this?

00:48:22.722 --> 00:48:34.938
- on this proposal and average cost to maintain the roadway. And I saw the tree. Yeah, but yeah. So in

00:48:34.938 --> 00:48:47.274
- that report, it looks like we spend about $1,500 a year to maintain that road. This year, we're right

00:48:47.274 --> 00:48:51.870
- at 2,800 due to the tree. So what are

00:48:53.058 --> 00:49:01.573
- What are your thoughts on this in terms of the highway department in this proposal? I question all along

00:49:01.573 --> 00:49:09.764
- of why it's a county road, but I mean, it's been in there for decades. You know, if it is vacated or

00:49:09.764 --> 00:49:18.360
- just a section of it, we would have to come up with a place to turn around. You know, there's an existing

00:49:18.360 --> 00:49:22.334
- turnaround down there that we've used for years.

00:49:23.330 --> 00:49:30.732
- We did work with Miss Purdue at one point on getting some no parking signs down, went to Traffic Commission

00:49:30.732 --> 00:49:37.655
- to get that to try to help with the parking issue. But I don't think it ever got pushed any further.

00:49:37.655 --> 00:49:44.714
- I think it was approved. But then I think it may have. She didn't want that or something. I'll let her

00:49:44.714 --> 00:49:51.774
- speak on that. OK. Because that would be my first suggestion would be a no parking signs in that area.

00:49:52.002 --> 00:49:59.711
- for sure. Ms. Ridge, did you have anything you wanted to add about this? As far as I've been, as long

00:49:59.711 --> 00:50:07.344
- as I've been around and very few of the road vacations, we've never vacated an easement. It's either

00:50:07.344 --> 00:50:15.355
- the entirety of the road or it's not. And Ben's correct. We've been going back and forth on this Marshall

00:50:15.355 --> 00:50:21.854
- May road for quite some time. It is more actually like a driveway than a county road.

00:50:22.050 --> 00:50:28.201
- If you want to vacate it, we would not have any issues with that. Okay. And again, we, I think it got

00:50:28.201 --> 00:50:34.353
- stopped. It went to traffic commission for signs for no parking to help eliminate that problem. We've

00:50:34.353 --> 00:50:40.564
- dealt with the tree issue. Um, so it's just been going and ongoing issue for the county highway. Okay.

00:50:40.564 --> 00:50:47.198
- Great. I would add that I did reach out to all the utility companies and there are no utilities in that area.

00:50:48.674 --> 00:50:56.102
- question. So good. Okay, so there's no utility easement on this on this roadway. Okay. And then I'm

00:50:56.102 --> 00:51:03.753
- going to let you ask questions, not not the petitioner yet. So you may want to sit for a moment. We've

00:51:03.753 --> 00:51:11.552
- got questions that we're going to ask staff, I think. Go ahead and offer your questions. I have a couple

00:51:11.552 --> 00:51:18.014
- more. Actually, I think that all my questions that I've wanted to ask have been asked.

00:51:18.178 --> 00:51:26.810
- You know, historically, have we done these sorts of things? It appears that this is sort of the first

00:51:26.810 --> 00:51:35.527
- question like this we've considered after passage of the CDO. You know, had this been handled, I mean,

00:51:35.527 --> 00:51:44.582
- it appears that if this had been handled under the CDO, it would have been, you know, handled differently.

00:51:44.582 --> 00:51:46.782
- This would have been what

00:51:46.882 --> 00:51:58.665
- it would have been, you said not the category E. The type E administrative. Yes, so essentially in your

00:51:58.665 --> 00:52:10.562
- packet on page 15, the end result would have been three. So they wouldn't have had to dedicate the right

00:52:10.562 --> 00:52:15.774
- way. Yes, exactly. Thank you. So. Yes, no, I.

00:52:16.098 --> 00:52:23.814
- Go ahead and ask. I may have questions later on. Yeah. So we have a petitioner that says there are four

00:52:23.814 --> 00:52:31.456
- people who become landlocked if this becomes a private road. A shared driveway can't be more than four

00:52:31.456 --> 00:52:38.949
- addresses. But now I'm hearing there's only one address off of this. And I only saw one driveway off

00:52:38.949 --> 00:52:41.694
- of this as well. So I don't know if.

00:52:41.794 --> 00:52:52.126
- Mr. Roddy or Ms. Nestor Jelen can speak to how many people utilize this road for access.

00:53:02.370 --> 00:53:09.299
- So there's one house that primarily uses this address. And then I know Ms. Perdue will state that this

00:53:09.299 --> 00:53:16.160
- is an access point for the land that she purchased, though you may not see it on the aerials. I think

00:53:16.160 --> 00:53:23.358
- that's an agricultural parcel. And then technically, the Kirkmans could use that frontage. I don't believe

00:53:23.358 --> 00:53:25.982
- they have a driveway off of that area.

00:53:26.178 --> 00:53:32.123
- but then the Kirkmans also have frontage on Ketchum and then the property to the north has access off

00:53:32.123 --> 00:53:38.184
- of Ketchum and we did as part of this process notice neighbors as a requirement that this would happen.

00:53:38.184 --> 00:53:44.071
- There's a separate code provision if there was a demonstrator to this request and they were you know

00:53:44.071 --> 00:53:50.074
- notified that this hearing was happening today so I don't believe anyone's in attendance but just want

00:53:50.074 --> 00:53:55.902
- to point that out. Okay so a follow-up to that because that was my second question you're just like

00:53:56.322 --> 00:54:09.463
- So the follow-up to that is the notification to adjoining property owners. Was it just a notification

00:54:09.463 --> 00:54:22.733
- that someone has petitioned to vacate the right-of-way, that the road vacation may happen as a result?

00:54:22.733 --> 00:54:25.438
- Is that part of what

00:54:25.762 --> 00:54:34.999
- these neighbors, how these neighbors were notified. I assume the neighbors were notified that there

00:54:34.999 --> 00:54:43.774
- was a request for a vacation of the right of way. I think Justin can speak to that. Thank you.

00:54:43.938 --> 00:54:50.629
- The notice says that the Board of Commissioners will conduct a public hearing for the petition to vacate

00:54:50.629 --> 00:54:57.320
- part of West Marshall May Road, described as roadway along the west end of West Marshall May Road. Also,

00:54:57.320 --> 00:55:04.203
- I want to add that in the subdivision plans in the application, which were done by a professional surveyor,

00:55:04.203 --> 00:55:07.198
- there was an option for waiver of requirements

00:55:07.298 --> 00:55:16.828
- It's a box that you check and that box was checked. No. So there was no request at the time the subdivision

00:55:16.828 --> 00:55:25.740
- was initially planned for any waiver. OK. OK. So Mr. Ayers, if you were to look through the driveway

00:55:25.740 --> 00:55:35.358
- permit file, how many driveway permits are there on West Marshall Road? None. Marshall May Road? None. None.

00:55:36.834 --> 00:55:48.778
- even though there is at least one homeowner who requires. Answers are it could have been there prior

00:55:48.778 --> 00:55:59.894
- to to when permitting started in 1968. Yeah, well. OK, so. My take on this right now is that.

00:55:59.894 --> 00:56:06.398
- I I feel like. The the fairest and easiest thing to do

00:56:07.010 --> 00:56:16.677
- would be to consider a vacation of the entire roadway, making it a private road or a driveway easement

00:56:16.677 --> 00:56:26.344
- or whatever it might become or be called at that point. I don't think it's a good thing to try to peel

00:56:26.344 --> 00:56:35.166
- off just the right of way. It makes life too difficult because if we're asked to maintain it,

00:56:36.610 --> 00:56:45.842
- we're going to need some access, and we're going to need to turn around. So it seems to me, especially

00:56:45.842 --> 00:56:54.804
- given that we have potentially two access points for people who are required to use that road, that

00:56:54.804 --> 00:57:03.856
- we should notify by letter, again, all of the homeowners, property owners in that area, but let them

00:57:03.856 --> 00:57:06.366
- know that we're considering

00:57:06.690 --> 00:57:16.211
- vacating the entire roadway. And it sounds like that would be an amenable solution to highway. Yes?

00:57:16.211 --> 00:57:26.018
- OK. But I feel like we haven't given those property owners that notice that that's a potential outcome

00:57:26.018 --> 00:57:34.206
- based on what I read and based on what we've heard. And I just don't feel comfortable

00:57:34.978 --> 00:57:43.010
- voting on this at all today because we don't have that notice, to be fair. So what are your thoughts?

00:57:43.010 --> 00:57:50.885
- I think that's fair and I especially feel that's something we haven't done ever in the past, yes. I

00:57:50.885 --> 00:57:57.342
- was also curious why did it come into the county inventory to begin with in 1987?

00:57:57.858 --> 00:58:05.999
- My understanding is there was a whole bunch of roads that were accepted in 1987 at one time. I think

00:58:05.999 --> 00:58:14.060
- a lot of them were like these little dead end roads. It was probably, I'm going to guess, I'm going

00:58:14.060 --> 00:58:22.362
- to throw a dart here. That was probably at a time when they were changing the structure of how roadway

00:58:22.362 --> 00:58:25.022
- funding occurred related to gas.

00:58:25.602 --> 00:58:36.378
- the number of miles of roadway or something like that. I'm guessing. I'm just throwing that out there.

00:58:36.378 --> 00:58:47.049
- But yeah. All right. Because if you see a wholesale shift like that, there's a reason. All right. OK.

00:58:47.049 --> 00:58:54.686
- So I would like to because for me, I think it's either point one or two.

00:58:54.786 --> 00:59:05.623
- I don't think .3 is viable for our highway department, and it certainly makes more trouble than the

00:59:05.623 --> 00:59:16.786
- benefits of having this bit of land in our roadway inventory at the moment. From what I know about the

00:59:16.786 --> 00:59:20.254
- process, that makes sense, yes.

00:59:23.586 --> 00:59:31.715
- anything else you wanted to add anything else, please. I think for clarification purposes, it would

00:59:31.715 --> 00:59:40.006
- be nice to understand from staff's perspective where we're considering the vacation of right away. Is

00:59:40.006 --> 00:59:48.460
- it from South Ketchum or is it just in front of the Pardue property? I'm not sure that that's been made

00:59:48.460 --> 00:59:52.606
- clear by the petitioner. Yeah, well, I think we've

00:59:52.930 --> 00:59:59.164
- We've both discussed that that's not an interest to us, that we would vacate the whole roadway, which

00:59:59.164 --> 01:00:05.338
- is not terribly long. It's not a... The entire road. It would be the roadway that we're considering.

01:00:05.338 --> 01:00:11.511
- But of course, we feel like we need to have a notice going out to these neighbors again with that as

01:00:11.511 --> 01:00:17.929
- a potential because we haven't heard from them and they didn't know that that was a possibility, I feel,

01:00:17.929 --> 01:00:20.190
- based on the contents of the letter.

01:00:20.290 --> 01:00:32.340
- the roadway. Um so but that's what I would consider would be because there's no point in. Vacating part

01:00:32.340 --> 01:00:44.158
- of the roadway because there's no turnaround and it's you know, it's so it just. Am I correct in that

01:00:48.610 --> 01:00:55.329
- I would just say that we put those options because we weren't sure what Ms. Pardue wanted to do. I don't

01:00:55.329 --> 01:01:01.664
- know if she wants to vacate the entire roadway. Oh, I know. I'm going to talk to her next. Gotcha.

01:01:01.664 --> 01:01:08.127
- For sure. But I feel like, for me, that's the only viable option. Either we vacate the whole roadway

01:01:08.127 --> 01:01:12.478
- or things stay as they are and she installs those no parking signs.

01:01:12.770 --> 01:01:19.501
- that I think did that pass traffic commission? Miss Ridge, do you remember? I think it did. Yeah. It's

01:01:19.501 --> 01:01:26.036
- been a few months, but I believe I went to them and it was passed. So that's still an option on the

01:01:26.036 --> 01:01:32.701
- table. Okay. All right. Thank you. Ms. Pardue, did you have any further comment? It sounds like we're

01:01:32.701 --> 01:01:37.406
- not going to be voting today on this, so. No. Okay. So the reason why I

01:01:37.858 --> 01:01:43.623
- to not go with the no parking signs and try to get the vacation is because then I can't even park on

01:01:43.623 --> 01:01:49.445
- my property. My car can get towed. Any machinery that I leave parked there can get towed. And I don't

01:01:49.445 --> 01:01:55.381
- feel like that is fair when I am going to be farming this property. And so that makes it more difficult

01:01:55.381 --> 01:02:01.089
- for me. And so currently, while this property or this roadway only serves one house, yes, but there

01:02:01.089 --> 01:02:07.025
- are community members who will drop their kayaks in the creek from this road. And so if you guys vacate

01:02:07.025 --> 01:02:07.824
- this roadway,

01:02:07.824 --> 01:02:13.704
- Then it puts then the property owners at burden for a trespassing of all of these people that come to

01:02:13.704 --> 01:02:19.469
- utilize the creek and so anybody that will now drive on this road that has been a legit county road

01:02:19.469 --> 01:02:24.542
- for a long time will now be trespassing on private property to access the creek and so.

01:02:24.994 --> 01:02:31.413
- That will be a thing that the property owners will now have to deal with. And again, the only reason

01:02:31.413 --> 01:02:38.023
- that I'm asking for a vacation of this easement is because when Eric Decker did the survey, even though

01:02:38.023 --> 01:02:43.934
- it shows that there's a check to box to waive it, it was made very clear that this that are.

01:02:44.994 --> 01:02:51.368
- our plan, whatever, would not be approved unless this dedication happens, right? And at the same time,

01:02:51.368 --> 01:02:57.742
- Monroe County took out two acres of the land that I was buying and claimed it as park and rec land for

01:02:57.742 --> 01:03:04.178
- the rails and trails. So they took out two acres of the 136 parcel of the land, and so they wanted this

01:03:04.178 --> 01:03:10.613
- 25-foot easement for parking for access for the rails and trails. Well, Parks and Rec had to do a quick

01:03:10.613 --> 01:03:11.294
- claim deed

01:03:11.394 --> 01:03:18.765
- back in April to release the land back to me because they did not own that land. And so now I feel like

01:03:18.765 --> 01:03:25.853
- the property owners that are at the end of the roadway are now going to be punished for maintaining

01:03:25.853 --> 01:03:33.295
- like snow removal and whatever, because now that it doesn't serve the county any longer, it's just gonna

01:03:33.295 --> 01:03:37.406
- be their responsibility. Right, and this is what happens.

01:03:37.794 --> 01:03:46.042
- I think you have a choice in front of you, and perhaps I should, I recommend that you think about it

01:03:46.042 --> 01:03:54.454
- and then contact Mr. Roddy and or Ms. Nestor Jelen once you've thought about it. You have two options.

01:03:54.454 --> 01:04:01.886
- Either this remains a county road, as is, and you can utilize no parking signs, et cetera.

01:04:03.362 --> 01:04:10.707
- You could make a little driveway off this road with the driveway permit and park your vehicle there

01:04:10.707 --> 01:04:18.199
- because that would be your property. Put a private property sign up. If that's the issue, it would be

01:04:18.199 --> 01:04:25.618
- just like any other county road that is gravel road, not necessarily an improved road or paved road,

01:04:25.618 --> 01:04:30.686
- but it is a gravel road. That's option one. That means snow removal,

01:04:30.818 --> 01:04:38.751
- maintaining, taking out trees, maintaining the gravel, et cetera. Option two is it becomes an easement,

01:04:38.751 --> 01:04:46.532
- a private road. A shared driveway, I think, is probably the most appropriate way to say it. And those

01:04:46.532 --> 01:04:54.542
- who use the shared driveway have to maintain it if you want it maintained. If you don't want to maintain

01:04:54.542 --> 01:04:58.814
- it, you don't have to maintain it. It's a shared drive.

01:04:59.202 --> 01:05:07.199
- You all have to just figure that out. No, I understand. So I think those are your options because what

01:05:07.199 --> 01:05:14.963
- we've, I think, clearly said here is we're not interested in vacating the right of way. It's either

01:05:14.963 --> 01:05:22.728
- the whole kit and caboodle, as they say, the entire road gets vacated, start to finish, or, and not

01:05:22.728 --> 01:05:28.318
- even just part of all of it, or we leave things as they are. So I think

01:05:28.450 --> 01:05:36.191
- those are the only two options we can offer. And you might want to think about it. And if you do want

01:05:36.191 --> 01:05:43.781
- to proceed with the road vacation, then I would ask that we contact those property owners by letter

01:05:43.781 --> 01:05:51.371
- of a hearing similar to this, invite them to come or to send an email or letter or ask questions or

01:05:51.371 --> 01:05:57.822
- whatever, because I don't think they were clearly made aware that this is an option.

01:05:58.082 --> 01:06:08.262
- So I don't feel comfortable voting on it today. So that's it. Those are your options. We can't customize

01:06:08.262 --> 01:06:18.054
- a menu because you have ag land or there's a creek. Because when we operate, and I'm sure Lisa Ridge

01:06:18.054 --> 01:06:27.070
- can back me up on this, when you have a highway department, these little nuances are killer.

01:06:27.618 --> 01:06:34.141
- They you know oh don't go that road you can't turn around there and on this road you can only turn around

01:06:34.141 --> 01:06:40.542
- here and on this one. There's a no parking but people can park there to put a kayak in the in the creek

01:06:40.542 --> 01:06:43.742
- and we can't operate that way because as much as we

01:06:44.450 --> 01:06:50.154
- like to think of ourselves as Mayberry, we're not Mayberry. We have over 700 miles of county road. Please

01:06:50.154 --> 01:06:55.589
- know that I wasn't asking for you to operate that way and I wasn't expecting that. I was letting you

01:06:55.589 --> 01:07:01.077
- know the people that utilize this road for in for what and so again I'm not going to ask for vacation

01:07:01.077 --> 01:07:06.566
- of the roadway because I do not want to be held legally financially responsible for what it will cost

01:07:06.566 --> 01:07:10.494
- to for the property owners to come up. So if you vote no on the easement

01:07:10.594 --> 01:07:17.526
- That is what I'm asking for. I'm asking for vacation and the easement because your current ordinance

01:07:17.526 --> 01:07:24.457
- does not have that as a stipulation. And so if we look at the clause to be able to do this, I sent a

01:07:24.457 --> 01:07:31.526
- letter to an email to the legal that shows that per the Supreme Court, Dolan versus California Coastal

01:07:31.526 --> 01:07:37.566
- Commissions and Dolan versus the city of Taggart, which established the nexus and rough

01:07:37.730 --> 01:07:45.700
- I can't say that word, but which established the test that would state why property can be taken by

01:07:45.700 --> 01:07:53.829
- government or required easements. Neither of those tests are met for this dedication of right away in

01:07:53.829 --> 01:08:02.436
- my land. And so the rough proportionality says the amount of extraction or whatever of land must correspond

01:08:02.436 --> 01:08:07.696
- to the burden placed on government from the proposed development.

01:08:07.696 --> 01:08:14.743
- So there isn't any increased burden on the government. And then the nexus is the direct connection between

01:08:14.743 --> 01:08:21.526
- the government demand from the property owner and public purpose, which again, there's not an increase

01:08:21.526 --> 01:08:28.638
- in whatever. And so under those two rulings or whatever, the land that was taken or the requirement of that

01:08:28.770 --> 01:08:33.763
- is it met by that? And so that was my argument. It's just there wasn't a reason for that land and it's

01:08:33.763 --> 01:08:38.708
- no longer required. And that's the only reason I'm asking for this so that I can protect my land from

01:08:38.708 --> 01:08:43.605
- people parking on it, from littering it, from me having to clean up the land. That's all I'm asking.

01:08:43.605 --> 01:08:48.501
- And so if you refuse, if you vote no on the easement, I will let you guys vote no on vacation on the

01:08:48.501 --> 01:08:53.398
- easement if you want to vote on vacation or the roadway. But I'm not going to ask for that because I

01:08:53.398 --> 01:08:55.870
- don't want to carry the financial burden for that.

01:08:58.050 --> 01:09:05.277
- Mr. Roddy, did you want to respond to? We're not here today for taking his claim. We're here today about

01:09:05.277 --> 01:09:12.229
- platted land. I think that this meets the taking requirements of rough proportionality. It sounds to

01:09:12.229 --> 01:09:19.526
- me like there is no request to vacate the entire roadway. It sounds to me like the board of commissioners

01:09:19.526 --> 01:09:27.166
- does not want to vacate just the easement. So I would propose that if that's the case, the vote just be known.

01:09:27.458 --> 01:09:34.957
- If there's a new matter before about vacating the entire roadway, we can start. We can hear that. Okay.

01:09:34.957 --> 01:09:42.673
- And I would assume we could hear that without an additional cost if it's from the same petitioner, because

01:09:42.673 --> 01:09:50.316
- I don't want to, I don't want to financially impact a single petitioner who now has to come back because,

01:09:50.316 --> 01:09:56.734
- you know, the goalposts have moved a bit. Not from our doing, but I just feel like it's,

01:09:57.154 --> 01:10:06.019
- planning is very complex and we can't always count on the public to understand the whys and wherefores

01:10:06.019 --> 01:10:14.626
- and the rules and all of that. And so I would ask that if the petitioner does wish to come back for

01:10:14.626 --> 01:10:24.094
- a vacation, the roadway petition that we would do so without an additional cost for that. Okay, so thank you.

01:10:24.290 --> 01:10:33.269
- appreciate that. Let's and thank you, Ms. Purdy for coming. I appreciate you've got a lot to deal with.

01:10:33.269 --> 01:10:42.248
- I understand that. I think you have some options. I would ask that you exercise those options regarding

01:10:42.248 --> 01:10:50.622
- no parking signs, et cetera. But I want to see if there's any other public comment on this item.

01:10:55.330 --> 01:11:08.666
- either in support of the petition or in opposition to the petition. With that, I'm going to go ahead

01:11:08.666 --> 01:11:21.869
- and close the public hearing. And I will go ahead and make a motion to I'm going to say it this way

01:11:21.869 --> 01:11:24.510
- because it's clear.

01:11:24.642 --> 01:11:36.261
- I'm going to move approval of ordinance twenty twenty five dash twenty seven I'm going to need a second.

01:11:36.261 --> 01:11:47.438
- I will second that okay- all those in favor of approving the vacation of the right away say aye aye.

01:11:47.438 --> 01:11:54.078
- All those opposed no. So we're split which means it doesn't

01:11:54.594 --> 01:12:01.210
- The option is on the table to vacate the entire roadway if you choose at any time in the future that

01:12:01.210 --> 01:12:07.957
- that may seem like a better option for you. And we will go through that process. Mr. Cockrell, did you

01:12:07.957 --> 01:12:14.638
- have something you wanted to? I would just say a one-to-one vote is neither approval nor disapproval,

01:12:14.638 --> 01:12:21.582
- so the item is still in front of you. If you wish to resolve it given the current vote, I would recommend

01:12:21.582 --> 01:12:23.678
- tabling it to a future meeting.

01:12:25.090 --> 01:12:32.101
- Okay. I thought it just didn't pass. Okay. Well, it doesn't pass, but it doesn't fail either, right?

01:12:32.101 --> 01:12:39.529
- So it's, it's still in limbo. Okay. So we can't have a purgatory vote. Um, I don't really want to continue

01:12:39.529 --> 01:12:46.679
- this to a particular meeting because I don't know when there's going to be three of us to have a vote.

01:12:46.679 --> 01:12:52.094
- I may have misunderstood my vote. Ah, okay. So I thought I was voting to just

01:12:53.346 --> 01:13:02.895
- move this along in the sense of we were basically going to say no easement. Ah, OK. So the request on

01:13:02.895 --> 01:13:12.350
- this ordinance is to vacate the right of way. Oh, so yes. And so that was my, and that's, instead of

01:13:12.350 --> 01:13:21.150
- doing a negative motion, I did a positive motion, and I am still, it's still difficult. Yeah.

01:13:21.410 --> 01:13:29.149
- want to bring this back for a vote at this moment. I would like to bring it back for a vote. Or would

01:13:29.149 --> 01:13:36.964
- you like to wait till next meeting? No, let's bring it back. OK. Yes. May we just go ahead and revote,

01:13:36.964 --> 01:13:45.235
- sir? We don't need another motion. I think that's appropriate. OK. All those in favor of approving ordinance

01:13:45.235 --> 01:13:50.622
- 2025-27 signify by saying aye. All opposed say no. No. And now we have

01:13:50.818 --> 01:13:59.433
- a zero to vote. There we go. It fails. Yes. Thank you. OK. No, that's sorry for the misunderstanding.

01:13:59.433 --> 01:14:07.879
- All right. So that's where we are. And I do invite you to consider the roadway vacation. And if you

01:14:07.879 --> 01:14:16.663
- do feel like that's something you want to do, that we would just have to notify your neighbors as well.

01:14:16.663 --> 01:14:20.126
- OK. Thank you so much. OK. So with that,

01:14:30.370 --> 01:14:39.432
- in the right papers. Here we go. All right. I have, we don't have any appointments today. I think we

01:14:39.432 --> 01:14:48.942
- have some boarding commission cleanup work that we're gonna be completing here in the next several weeks.

01:14:48.942 --> 01:14:56.478
- So watch for that. We do and are accepting applications for boards and commissions.

01:14:56.642 --> 01:15:04.772
- And we encourage folks to consider applying. Just go to our website, Indiana.gov slash county slash

01:15:04.772 --> 01:15:13.146
- Monroe, and look at the opportunities available. I will let you all know that some of the listings may

01:15:13.146 --> 01:15:21.926
- or may not be updated yet. And so if you're interested in something, just apply for it. And the application

01:15:21.926 --> 01:15:24.446
- is right there on the website.

01:15:25.474 --> 01:15:34.289
- recommend that folks, while they're on our website, sign up for a resident alert system to be notified

01:15:34.289 --> 01:15:43.275
- of any emergencies related to storms, road closures, etc. Just click on the link right on our home page.

01:15:43.275 --> 01:15:52.175
- And we also have a big calendar where all the meetings are posted and those include six different times

01:15:52.175 --> 01:15:53.630
- and days to have

01:15:54.146 --> 01:16:03.442
- office hours, where we have office hours. We invite the public to come see us via Teams to ask questions

01:16:03.442 --> 01:16:12.384
- and to have interesting conversations. My last one went an hour and 45 minutes, and it was great. So

01:16:12.384 --> 01:16:21.503
- it's all good. So I learn a lot, and I appreciate those folks who do participate. They make government

01:16:21.503 --> 01:16:22.654
- work better.

01:16:23.618 --> 01:16:36.339
- So I would like to take a second to make a note about we had the profile parkway, sunrise greetings,

01:16:36.339 --> 01:16:47.422
- ribbon cutting last week, which was great. And that's the culmination of a lot of work.

01:16:47.874 --> 01:16:57.389
- And tomorrow is the Fullerton Pike ribbon cutting. And that is a culmination of years of work and planning.

01:16:57.389 --> 01:17:06.287
- And all that went into that. Kudos, Lisa Ridge. Kudos, Highway Department. You work so well with the

01:17:06.287 --> 01:17:12.894
- residents, with INDOT, with utilities. And there's a beautiful roundabout.

01:17:13.378 --> 01:17:21.723
- It's it's an amazing project and that is that the longest bridge in the county. How many feet is it

01:17:21.723 --> 01:17:29.150
- 525 500 you know every foot of it 525 feet building the longest bridge in Monroe County.

01:17:30.146 --> 01:17:39.047
- That is amazing. And I can't thank you enough for all of that. So that's a great celebration. This week,

01:17:39.047 --> 01:17:48.032
- I had the honor of representing Monroe County at Beacon when we had the groundbreaking. That was amazing.

01:17:48.032 --> 01:17:56.594
- I know that the 500,000 ARPA dollars that we dedicated to that project allowed Beacon to be eligible

01:17:56.594 --> 01:17:57.950
- for that grant.

01:17:58.530 --> 01:18:06.326
- And so they are still short, a few hundred thousand dollars of their goal, but it is going to be an

01:18:06.326 --> 01:18:14.512
- amazing place. And I'm so proud of the hard work of the staff and the board and their campaign committee

01:18:14.512 --> 01:18:22.308
- and everybody in the community that's given donated time, donated money or both to help make Beacon

01:18:22.308 --> 01:18:27.454
- such an amazing place. So kudos to them. Congratulations to them.

01:18:27.586 --> 01:18:39.859
- So we've had all this really good news. And then last week, we heard that, indeed, the National Forest

01:18:39.859 --> 01:18:51.774
- Service has basically been told to stop all Houston South project activity. So even though they had

01:18:51.774 --> 01:18:57.374
- a timber auction a few, what, three weeks ago,

01:18:57.634 --> 01:19:08.834
- Um, Judge Pratt, um, and, um, at the, uh, U.S. District Court, Southern District of Indiana, made an

01:19:08.834 --> 01:19:19.923
- exceptional decision, um, and rendered an exceptional decision that is well thought out. And it, I,

01:19:19.923 --> 01:19:23.582
- I hope it sticks, um, long-term.

01:19:24.066 --> 01:19:32.096
- that was really good news. And so I just want to thank the Indiana Forest Alliance, Hoosier Environmental

01:19:32.096 --> 01:19:39.746
- Council, our county council for approving the legal fees and our portion of it. It's still upsetting

01:19:39.746 --> 01:19:47.549
- to me that the city of Bloomington did not feel like they needed to contribute or help in any way, but

01:19:47.549 --> 01:19:48.382
- we did it.

01:19:48.514 --> 01:19:57.177
- And friends of Lake Monroe, also a huge part of this. So this is a statewide coalition of people who

01:19:57.177 --> 01:20:06.097
- care about the forest, old growth forest, wildlife, our air quality. I know one of our biggest concerns

01:20:06.097 --> 01:20:14.846
- was water quality for Lake Monroe. And this feels like such a momentous ruling. So lots of good news.

01:20:14.978 --> 01:20:23.478
- in the last several days. And so I just want to thank everybody who's been involved in that for so long,

01:20:23.478 --> 01:20:31.736
- who've made this happen. So it's good to end on that note. All right. So I, do you have anything else

01:20:31.736 --> 01:20:33.598
- for good of the order?

01:20:33.890 --> 01:20:40.443
- No, just a tremendous job by the fundraising committee at Beacon. They have really worked hard to put

01:20:40.443 --> 01:20:46.932
- together a tremendous amount of money in a very short period of time for that project. Little way to

01:20:46.932 --> 01:20:53.356
- go, but. Yeah, they've done amazing work. Yeah. And Cory Fest in Steinsville this weekend, so we'll

01:20:53.356 --> 01:20:58.046
- be there in the parade with our shiny red truck. And I'm not driving it.

01:20:58.338 --> 01:21:07.437
- trying to stay out of the way. And our next meeting will be on Thursday, October 2nd. I can't believe

01:21:07.437 --> 01:21:16.357
- it's going to be October already, but here it is. And we do not have a work session today, correct?

01:21:16.357 --> 01:21:23.582
- Right. All right. And with that, we are adjourned. Thank you, everyone. Be well.
