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Good morning, and welcome to the legislative session of the Allen County

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Commissioners. Today's date, August 7th, 2026, at 10:00 AM in Citizen Square.

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If you would please rise for a pledge of allegiance and a moment of silence.

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I pledge allegiance to the flag of the United States of America, and to the

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republic for which it stands, one nation under God, indivisible, with liberty and

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justice for all.

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Thank you.

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First item on our agenda this morning is consideration of the minutes for the July

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31st, 2026 legislative session for approval.

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Second.

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I have a motion and a second. Further discussion?

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Not hearing any, all those in favor of approval signify by saying aye.

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Aye.

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Aye. Opposed the same, motion carries.

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Next item, consideration of claims submitted for the period of July 28th to August

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4th of 2026 in the amount of

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$9,523,152.15.

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So moved.

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Second.

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Motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval signify by saying aye.

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Aye.

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Opposed the same, motion carries.

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Next item, consideration of a bid award, project number 1400126 to API Construction

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in the amount of $140,835 for the installation of a concrete box

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culvert on South County Line Road in Marion Township.

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Good morning. Bill Herman, Allen County Highway Department.

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Morning, Bill.

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Hi, Bill.

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This culvert is about 200 feet east of the bridge over the St.

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Mary's River, and there's a bend in the St.

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Mary's River just south of there that when it floods, it can direct

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the course of the river towards this area.

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And then eventually, this area is low, and it floods over.

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And this is the first step in trying to let that water equalize in

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this area. And if it looks successful, we're going to go ahead and raise the road.

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Generally, in these old rural sections, there's a low area in the road

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purposely that will allow the water to overtop and wash the road out rather than

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take the bridge out. It's a lot cheaper to replace the road.

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So we're going to put this box culvert in, and hopefully, then we can raise the

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road, and in high water, we won't have to close the road anymore.

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So when we do these things, do we also take into consideration those things around

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it? No different than what we've experienced in Arcola and a few other places where

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we've,

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in the past, overbuilt the road to where it causes consternation and issues for

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those that reside around the roadway.

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Yeah. It's all agricultural on either side.

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And we have talked to the gentleman that owns the property north to

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let them know that there will probably be some directed flow through his field now

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that wasn't really there before. The water would have to come up and spill over the

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road previously, where now there'll essentially be a channel that will come through

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that.

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So when that happens, does that mean we do more ditch work to make sure to try to

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navigate that, or does that affect tiles in the surveyor's office?

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Once it overtopped the road, this is the direction it took anyway.

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It'll just be a little more concentrated and happen a little sooner.

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Hopefully, it won't be quite as

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much flow because it'll gradually go through here instead of waiting until it gets-

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Overtops and comes-

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... uses the road for a dam and then spills over. We'll see.

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It's a little bit of an experiment.

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So

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is it going to flow under the road?

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Right.

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And then when it recedes back, is that what the flow is, or is it going to stay on

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the other side of the road?

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No, I don't think this will be a backwater situation.

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I think it'll be a one way, because as the water goes down coming from the south,

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it won't really be-

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So there's a place for it to go on the other side?

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Oh, yeah. Oh, absolutely. It does now.

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Does it tie to one of our-

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When it overtops the road, there's a flow path essentially already established.

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Yes.

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Well, that's what I was going to ask.

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Is there a ditch that we have around there that goes into one of our drainage

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ditches or...?

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Well, yeah, there's drainage ditches along there that would direct the water to the

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west end of the river, and this will just pick it up a little sooner.

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Okay.

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Then I'll make a motion to approve the bid award project number 1400126 to API

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Construction in the amount of $140,835 for installation of a

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concrete box culvert on South County Line Road, Marion Township.

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I will second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing it, all those in favor of approval signify by saying aye.

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Aye.

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Aye. Opposed the same, motion carries.

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Next item, consideration of agreement with Apex Consulting & Surveying, Inc.

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for the design of the Spencerville storm sewer in the amount of

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$29,855.

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Oh, we sized

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it and then had it checked out by surveyor's office and found that there's an

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8-inch tile in there now, and it should be an 18.

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So we're going to upsize that, 550 feet of it, and put it

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in with new concrete storm drains.

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This is on the northwest corner of Harlan, Indiana.

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In the residential areas in Harlan, we're experiencing some flooding because the

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stormwater just couldn't get away fast enough.

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This is all in the right of way, Bill, that we're going to be working?

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Yes.

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I will move for approval of the agreement with Apex Consulting & Surveying for

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design of the Spencerville storm sewer in the amount of $29,855.

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And I will second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor indicate by saying aye.

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Aye.

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Aye. Opposed the same, motion carries.

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Next item, consideration of bid award project 2500226 on the Hoagland and

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Monroeville Road repairs to Wayne Asphalt and Construction Company Inc.

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in the amount of $25,900.

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These are spot repairs in three locations and includes milling and then

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binder patching and then resurfacing.

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We had two quotes, one with Wayne Asphalt, one with Brooks. Wayne was lower.

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Engineer's estimate was about 33,000.

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Wayne came in at 25,900, and we'd recommend approval.

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I'll make a motion to approve bid award project 2500226 on the

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Hoagland and Monroeville Road repairs to Wayne Asphalt and Construction Company in

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the amount of 25,900.

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I will second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval signify by saying aye.

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Aye.

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Aye. Opposed the same, motion carries.

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Next item, consideration of amended contract number two in the amount of $14,600

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with Butler, Fair, and Cipher for bridge number 32 on the Van Zile Road over St.

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Joe River.

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The bidding of this has been delayed a couple of years due to the

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environmental document not being approved.

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So our permits, et cetera, will have to be

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extended. Our bid date now is January of 2029.

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We were hoping to bid it in '27. And so this will

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compensate our consultant for additional paperwork, et cetera, to get this thing

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approved and ready to go. We've already got the right of way for it.

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Or wait, we do have one parcel in condemnation.

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And like I say, we plan to bid it in January of '29.

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What caused the delay again?

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We couldn't get the environmental document even looked at.

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There was a reduction, as you recall, in federal employees- ...

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and that struck this and delayed it by two years.

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Say no more.

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Yeah. Got it. Thanks.

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I will move for approval of the amended contract agreement number two in the amount

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of $14,600 with Butler, Fairman, and Cipher for bridge number 32 on the Van Zile

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Road over St. Joe River.

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Second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval signify by saying I.

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I.

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I.

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I oppose the same. Motion carries.

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Next item, consideration of amendment number two with Butler, Fairman, and Cipher,

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Inc., for the West Hamilton Road bridge number 242, not to exceed $14,400.

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This is the same situation. It's another iron truss bridge.

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And there again, it was the environmental documents that were delayed and delayed

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the bidding until January of '29, and same situation.

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I'll make a motion to approve amendment number two with Butler, Fairman, and Cipher

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for West Hamilton Road bridge number 242, not to exceed $14,400.

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I will second.

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I have a motion and a second on the floor. All those in favor, signify by saying I.

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I.

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I.

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I.

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I oppose the same. Motion carries.

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We ought to invoice the federal government for that, I think.

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Consideration of supplemental agreement number one with Apex Consulting and

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Surveying, Inc., for Antwerp Road drainage project in the amount of $2,430.

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And that's just immediately west in the Harlan area again.

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There again, it's storm drainage issues.

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There's an 18-inch storm drain in place that is undersized.

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There's a 30-inch culvert north of there on Spencerville Road that feeds into an

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18-inch, and it floods over the road into some-

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Oh, I wonder why

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... properties. Yeah, and this is for surveying and design and utility location.

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Unfortunately, as you can see there on the right, our wonderful power company put a

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power pole right in front of an impact attenuator- ...

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when we've got about 20 more feet of right of way.

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So this will also be utility location to get that and probably three or four of the

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other poles realigned and out of the way of the attenuator.

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I'll move for approval of supplemental agreement number one with Apex Consulting

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and Surveying for the Antwerp Road drainage project in the amount of $2,430.

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I enthusiastically second that.

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Mm-hmm. I have a motion and a second on the floor.

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All those in favor, signify by saying I.

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I.

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I.

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I.

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I oppose the same. Motion carries.

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Consideration of an encroachment agreement with Everdean Development, LLC.

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And you can see the sign location, and

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this is just,

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what, about 1,000 feet west of Bethel Road until...

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Unfortunately, the intersection of Bethel is just off-camera there.

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But our traffic engineer looked at it to make sure it was not a sight distance

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issue, and so it'll be in our right of way, but it won't be an obstruction.

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I'll make a motion to approve the encroachment agreement with Everdean Development,

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LLC.

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I will second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval, signify by saying I.

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I.

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I.

203
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I.

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I oppose the same. Motion carries.

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Thank you. Have a great weekend.

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Thanks, Bill. You too.

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Appreciate it.

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Approval of the settlement of the case of Erica L. Newton versus David J.

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Gladieux in the United States District Court, Northern District of Indiana, Fort

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Wayne division, case number 1:23-CV-259.

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Good morning, Commissioners. Spencer Feitner here on behalf of the Allen County

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Sheriff's Department and the individually named defendants in this pending action

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brought by Erica Newton.

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And I am Ted Snore, and I represent the Board of Commissioners who were also named

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as a defendant in this litigation. Bill?

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And we have before you a settlement agreement to resolve that claim in the amount

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of $1,100,000. Pursuant to the court's procedures, we

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participated in a judicial settlement conference with one of the judges in the

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Northern District of Indiana last month. It was a productive session.

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The court has strongly encouraged us to resolve this case due to the potential

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exposure. So we think and agree that this is the prudent course of action to take.

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The sheriff is in full support of this request to resolve this case, and we ask

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that the commissioners approve the settlement agreement.

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Can I-

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I'm sorry, go ahead.

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How long ago was this case filed?

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It was filed in 2023.

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Okay, and why was federal court the jurisdiction that was selected?

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Federal law governs most claims brought

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pursuant to an individual's incarceration under federal civil rights law, and there

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are some advantages from a plaintiff's standpoint to pursuing a claim under federal

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law because it essentially grants them, if they're a prevailing party, the right to

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recover attorney fees and costs.

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Right. So it's fair to say that some of the state law has more protections

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for local government as far as amount that may be awarded.

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Federal doesn't always have those same protections.

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That is correct.

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Right. So it puts us, our liability much higher in federal court than it would be

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if it was a state issue.

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Absolutely.

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I'll make a motion to approve the settlement of the case of Erica L.

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Newton versus David J. Gladieux et al., United States District Court, Northern

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District of Indiana, Fort Wayne Division, case number 1:23-CV-259.

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I will second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval, signify by saying I.

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I.

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I.

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I.

250
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I oppose the same. Motion carries. Thank you, gentlemen.

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Thank you.

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Thank you.

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Appreciate your efforts on that.

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Consideration of the engagement of attorney Jack Benz of Beers Mallers for real

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estate legal services for potential sale of the former Irene Byron Hospital site.

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So recently, as you know, a public hearing was conducted on the sale of

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the Irene Byron site. In order to move forward with that potential sale, I would

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like to engage the services of Jack Benz of Beers Mallers, who is a real estate

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attorney specializing in that area, to assist the Board of Commissioners with the

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process.

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So moved.

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Second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval, signify by saying I.

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I.

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I.

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I.

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I oppose the same. Motion carries. Other business, Mr. Cloud.

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Just one item, other business. A few weeks ago, you all approved an independent

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contract agreement with Church Ward Logistics LLC to assist with the Restore Allen

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initiative. To better align with the appropriation amount we got from council, we

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need to amend the quantity of months that we are committing to from 24 to 14.

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I think it is our assumption that we would go back to council next year for

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additional appropriation, but because of the amount we requested, we need to have

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that line up with our number of months committed to.

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I've talked to

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Ms. Church Ward of Church Ward Logistics LLC. She had no problem with that.

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So before you today is an amendment to your agreement to change the committed

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number of months from 24 months to 14 months.

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I'll move for approval.

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Second.

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I have a motion and a second on the floor. Further discussion?

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Not hearing any, all those in favor of approval, signify by saying I.

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I.

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I.

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I.

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I oppose the same. Motion carries. Any other business?

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I have other business.

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None, thank you.

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I'll now make a motion to approve the waiving of the second reading on any matter

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for which it may be deemed necessary for today's legislative session.

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I will second.

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I have a motion and a second on the floor. Those in favor, signify by saying I.

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I.

295
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I.

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I.

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I oppose the same. Motion carries. Comments from the public?

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Comments from the public. You have three minutes to address the commissioners.

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Since I don't see anybody rushing to the front of the room- ...

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we'll consider this meeting adjourned, and thank you all. Appreciate it.