[0:23] Good morning, and welcome to the legislative session of the Allen County
[0:25] Commissioners. Today's date, August 7th, 2026, at 10:00 AM in Citizen Square.
[0:31] If you would please rise for a pledge of allegiance and a moment of silence.
[0:36] I pledge allegiance to the flag of the United States of America, and to the
[0:41] republic for which it stands, one nation under God, indivisible, with liberty and
[0:47] justice for all.
[0:56] Thank you.
[1:01] First item on our agenda this morning is consideration of the minutes for the July
[1:04] 31st, 2026 legislative session for approval.
[1:08] Second.
[1:09] I have a motion and a second. Further discussion?
[1:11] Not hearing any, all those in favor of approval signify by saying aye.
[1:14] Aye.
[1:15] Aye. Opposed the same, motion carries.
[1:18] Next item, consideration of claims submitted for the period of July 28th to August
[1:22] 4th of 2026 in the amount of
[1:23] $9,523,152.15.
[1:29] So moved.
[1:29] Second.
[1:30] Motion and a second on the floor. Further discussion?
[1:33] Not hearing any, all those in favor of approval signify by saying aye.
[1:36] Aye.
[1:36] Opposed the same, motion carries.
[1:39] Next item, consideration of a bid award, project number 1400126 to API Construction
[1:45] in the amount of $140,835 for the installation of a concrete box
[1:51] culvert on South County Line Road in Marion Township.
[1:56] Good morning. Bill Herman, Allen County Highway Department.
[1:58] Morning, Bill.
[1:59] Hi, Bill.
[1:59] This culvert is about 200 feet east of the bridge over the St.
[2:03] Mary's River, and there's a bend in the St.
[2:06] Mary's River just south of there that when it floods, it can direct
[2:11] the course of the river towards this area.
[2:14] And then eventually, this area is low, and it floods over.
[2:19] And this is the first step in trying to let that water equalize in
[2:25] this area. And if it looks successful, we're going to go ahead and raise the road.
[2:30] Generally, in these old rural sections, there's a low area in the road
[2:35] purposely that will allow the water to overtop and wash the road out rather than
[2:40] take the bridge out. It's a lot cheaper to replace the road.
[2:43] So we're going to put this box culvert in, and hopefully, then we can raise the
[2:47] road, and in high water, we won't have to close the road anymore.
[2:50] So when we do these things, do we also take into consideration those things around
[2:54] it? No different than what we've experienced in Arcola and a few other places where
[3:00] we've,
[3:01] in the past, overbuilt the road to where it causes consternation and issues for
[3:05] those that reside around the roadway.
[3:08] Yeah. It's all agricultural on either side.
[3:10] And we have talked to the gentleman that owns the property north to
[3:17] let them know that there will probably be some directed flow through his field now
[3:21] that wasn't really there before. The water would have to come up and spill over the
[3:26] road previously, where now there'll essentially be a channel that will come through
[3:31] that.
[3:31] So when that happens, does that mean we do more ditch work to make sure to try to
[3:37] navigate that, or does that affect tiles in the surveyor's office?
[3:43] Once it overtopped the road, this is the direction it took anyway.
[3:46] It'll just be a little more concentrated and happen a little sooner.
[3:50] Hopefully, it won't be quite as
[3:54] much flow because it'll gradually go through here instead of waiting until it gets-
[3:59] Overtops and comes-
[4:00] ... uses the road for a dam and then spills over. We'll see.
[4:04] It's a little bit of an experiment.
[4:07] So
[4:08] is it going to flow under the road?
[4:11] Right.
[4:11] And then when it recedes back, is that what the flow is, or is it going to stay on
[4:15] the other side of the road?
[4:16] No, I don't think this will be a backwater situation.
[4:19] I think it'll be a one way, because as the water goes down coming from the south,
[4:23] it won't really be-
[4:25] So there's a place for it to go on the other side?
[4:27] Oh, yeah. Oh, absolutely. It does now.
[4:30] Does it tie to one of our-
[4:31] When it overtops the road, there's a flow path essentially already established.
[4:37] Yes.
[4:37] Well, that's what I was going to ask.
[4:38] Is there a ditch that we have around there that goes into one of our drainage
[4:41] ditches or...?
[4:42] Well, yeah, there's drainage ditches along there that would direct the water to the
[4:47] west end of the river, and this will just pick it up a little sooner.
[4:52] Okay.
[4:53] Then I'll make a motion to approve the bid award project number 1400126 to API
[4:59] Construction in the amount of $140,835 for installation of a
[5:03] concrete box culvert on South County Line Road, Marion Township.
[5:08] I will second.
[5:08] I have a motion and a second on the floor. Further discussion?
[5:11] Not hearing it, all those in favor of approval signify by saying aye.
[5:14] Aye.
[5:14] Aye. Opposed the same, motion carries.
[5:18] Next item, consideration of agreement with Apex Consulting & Surveying, Inc.
[5:21] for the design of the Spencerville storm sewer in the amount of
[5:25] $29,855.
[5:28] Oh, we sized
[5:31] it and then had it checked out by surveyor's office and found that there's an
[5:37] 8-inch tile in there now, and it should be an 18.
[5:41] So we're going to upsize that, 550 feet of it, and put it
[5:46] in with new concrete storm drains.
[5:50] This is on the northwest corner of Harlan, Indiana.
[5:54] In the residential areas in Harlan, we're experiencing some flooding because the
[5:59] stormwater just couldn't get away fast enough.
[6:02] This is all in the right of way, Bill, that we're going to be working?
[6:04] Yes.
[6:06] I will move for approval of the agreement with Apex Consulting & Surveying for
[6:09] design of the Spencerville storm sewer in the amount of $29,855.
[6:13] And I will second.
[6:14] I have a motion and a second on the floor. Further discussion?
[6:17] Not hearing any, all those in favor indicate by saying aye.
[6:21] Aye.
[6:21] Aye. Opposed the same, motion carries.
[6:24] Next item, consideration of bid award project 2500226 on the Hoagland and
[6:29] Monroeville Road repairs to Wayne Asphalt and Construction Company Inc.
[6:33] in the amount of $25,900.
[6:36] These are spot repairs in three locations and includes milling and then
[6:42] binder patching and then resurfacing.
[6:46] We had two quotes, one with Wayne Asphalt, one with Brooks. Wayne was lower.
[6:51] Engineer's estimate was about 33,000.
[6:54] Wayne came in at 25,900, and we'd recommend approval.
[6:58] I'll make a motion to approve bid award project 2500226 on the
[7:04] Hoagland and Monroeville Road repairs to Wayne Asphalt and Construction Company in
[7:09] the amount of 25,900.
[7:10] I will second.
[7:11] I have a motion and a second on the floor. Further discussion?
[7:14] Not hearing any, all those in favor of approval signify by saying aye.
[7:18] Aye.
[7:18] Aye. Opposed the same, motion carries.
[7:21] Next item, consideration of amended contract number two in the amount of $14,600
[7:26] with Butler, Fair, and Cipher for bridge number 32 on the Van Zile Road over St.
[7:29] Joe River.
[7:31] The bidding of this has been delayed a couple of years due to the
[7:36] environmental document not being approved.
[7:39] So our permits, et cetera, will have to be
[7:45] extended. Our bid date now is January of 2029.
[7:49] We were hoping to bid it in '27. And so this will
[7:55] compensate our consultant for additional paperwork, et cetera, to get this thing
[8:01] approved and ready to go. We've already got the right of way for it.
[8:04] Or wait, we do have one parcel in condemnation.
[8:08] And like I say, we plan to bid it in January of '29.
[8:13] What caused the delay again?
[8:16] We couldn't get the environmental document even looked at.
[8:19] There was a reduction, as you recall, in federal employees- ...
[8:23] and that struck this and delayed it by two years.
[8:26] Say no more.
[8:27] Yeah. Got it. Thanks.
[8:28] I will move for approval of the amended contract agreement number two in the amount
[8:31] of $14,600 with Butler, Fairman, and Cipher for bridge number 32 on the Van Zile
[8:36] Road over St. Joe River.
[8:38] Second.
[8:38] I have a motion and a second on the floor. Further discussion?
[8:41] Not hearing any, all those in favor of approval signify by saying I.
[8:44] I.
[8:45] I.
[8:45] I oppose the same. Motion carries.
[8:47] Next item, consideration of amendment number two with Butler, Fairman, and Cipher,
[8:51] Inc., for the West Hamilton Road bridge number 242, not to exceed $14,400.
[8:56] This is the same situation. It's another iron truss bridge.
[9:00] And there again, it was the environmental documents that were delayed and delayed
[9:04] the bidding until January of '29, and same situation.
[9:10] I'll make a motion to approve amendment number two with Butler, Fairman, and Cipher
[9:14] for West Hamilton Road bridge number 242, not to exceed $14,400.
[9:19] I will second.
[9:19] I have a motion and a second on the floor. All those in favor, signify by saying I.
[9:23] I.
[9:23] I.
[9:23] I.
[9:24] I oppose the same. Motion carries.
[9:25] We ought to invoice the federal government for that, I think.
[9:29] Consideration of supplemental agreement number one with Apex Consulting and
[9:33] Surveying, Inc., for Antwerp Road drainage project in the amount of $2,430.
[9:38] And that's just immediately west in the Harlan area again.
[9:44] There again, it's storm drainage issues.
[9:46] There's an 18-inch storm drain in place that is undersized.
[9:52] There's a 30-inch culvert north of there on Spencerville Road that feeds into an
[9:57] 18-inch, and it floods over the road into some-
[9:59] Oh, I wonder why
[10:00] ... properties. Yeah, and this is for surveying and design and utility location.
[10:06] Unfortunately, as you can see there on the right, our wonderful power company put a
[10:13] power pole right in front of an impact attenuator- ...
[10:16] when we've got about 20 more feet of right of way.
[10:20] So this will also be utility location to get that and probably three or four of the
[10:24] other poles realigned and out of the way of the attenuator.
[10:29] I'll move for approval of supplemental agreement number one with Apex Consulting
[10:32] and Surveying for the Antwerp Road drainage project in the amount of $2,430.
[10:37] I enthusiastically second that.
[10:39] Mm-hmm. I have a motion and a second on the floor.
[10:42] All those in favor, signify by saying I.
[10:44] I.
[10:44] I.
[10:44] I.
[10:44] I oppose the same. Motion carries.
[10:48] Consideration of an encroachment agreement with Everdean Development, LLC.
[10:53] And you can see the sign location, and
[10:58] this is just,
[11:00] what, about 1,000 feet west of Bethel Road until...
[11:05] Unfortunately, the intersection of Bethel is just off-camera there.
[11:09] But our traffic engineer looked at it to make sure it was not a sight distance
[11:14] issue, and so it'll be in our right of way, but it won't be an obstruction.
[11:19] I'll make a motion to approve the encroachment agreement with Everdean Development,
[11:23] LLC.
[11:23] I will second.
[11:24] I have a motion and a second on the floor. Further discussion?
[11:27] Not hearing any, all those in favor of approval, signify by saying I.
[11:30] I.
[11:30] I.
[11:30] I.
[11:30] I oppose the same. Motion carries.
[11:32] Thank you. Have a great weekend.
[11:34] Thanks, Bill. You too.
[11:34] Appreciate it.
[11:36] Approval of the settlement of the case of Erica L. Newton versus David J.
[11:41] Gladieux in the United States District Court, Northern District of Indiana, Fort
[11:44] Wayne division, case number 1:23-CV-259.
[11:52] Good morning, Commissioners. Spencer Feitner here on behalf of the Allen County
[11:55] Sheriff's Department and the individually named defendants in this pending action
[11:59] brought by Erica Newton.
[12:01] And I am Ted Snore, and I represent the Board of Commissioners who were also named
[12:05] as a defendant in this litigation. Bill?
[12:07] And we have before you a settlement agreement to resolve that claim in the amount
[12:12] of $1,100,000. Pursuant to the court's procedures, we
[12:18] participated in a judicial settlement conference with one of the judges in the
[12:23] Northern District of Indiana last month. It was a productive session.
[12:28] The court has strongly encouraged us to resolve this case due to the potential
[12:34] exposure. So we think and agree that this is the prudent course of action to take.
[12:40] The sheriff is in full support of this request to resolve this case, and we ask
[12:46] that the commissioners approve the settlement agreement.
[12:50] Can I-
[12:51] I'm sorry, go ahead.
[12:52] How long ago was this case filed?
[12:54] It was filed in 2023.
[12:55] Okay, and why was federal court the jurisdiction that was selected?
[13:00] Federal law governs most claims brought
[13:06] pursuant to an individual's incarceration under federal civil rights law, and there
[13:10] are some advantages from a plaintiff's standpoint to pursuing a claim under federal
[13:15] law because it essentially grants them, if they're a prevailing party, the right to
[13:21] recover attorney fees and costs.
[13:22] Right. So it's fair to say that some of the state law has more protections
[13:28] for local government as far as amount that may be awarded.
[13:31] Federal doesn't always have those same protections.
[13:33] That is correct.
[13:34] Right. So it puts us, our liability much higher in federal court than it would be
[13:39] if it was a state issue.
[13:41] Absolutely.
[13:43] I'll make a motion to approve the settlement of the case of Erica L.
[13:47] Newton versus David J. Gladieux et al., United States District Court, Northern
[13:51] District of Indiana, Fort Wayne Division, case number 1:23-CV-259.
[13:57] I will second.
[13:57] I have a motion and a second on the floor. Further discussion?
[14:00] Not hearing any, all those in favor of approval, signify by saying I.
[14:03] I.
[14:04] I.
[14:04] I.
[14:04] I oppose the same. Motion carries. Thank you, gentlemen.
[14:06] Thank you.
[14:07] Thank you.
[14:07] Appreciate your efforts on that.
[14:10] Consideration of the engagement of attorney Jack Benz of Beers Mallers for real
[14:13] estate legal services for potential sale of the former Irene Byron Hospital site.
[14:19] So recently, as you know, a public hearing was conducted on the sale of
[14:25] the Irene Byron site. In order to move forward with that potential sale, I would
[14:31] like to engage the services of Jack Benz of Beers Mallers, who is a real estate
[14:36] attorney specializing in that area, to assist the Board of Commissioners with the
[14:41] process.
[14:42] So moved.
[14:43] Second.
[14:44] I have a motion and a second on the floor. Further discussion?
[14:46] Not hearing any, all those in favor of approval, signify by saying I.
[14:49] I.
[14:49] I.
[14:50] I.
[14:50] I oppose the same. Motion carries. Other business, Mr. Cloud.
[14:54] Just one item, other business. A few weeks ago, you all approved an independent
[14:59] contract agreement with Church Ward Logistics LLC to assist with the Restore Allen
[15:03] initiative. To better align with the appropriation amount we got from council, we
[15:08] need to amend the quantity of months that we are committing to from 24 to 14.
[15:13] I think it is our assumption that we would go back to council next year for
[15:15] additional appropriation, but because of the amount we requested, we need to have
[15:18] that line up with our number of months committed to.
[15:21] I've talked to
[15:23] Ms. Church Ward of Church Ward Logistics LLC. She had no problem with that.
[15:26] So before you today is an amendment to your agreement to change the committed
[15:31] number of months from 24 months to 14 months.
[15:33] I'll move for approval.
[15:34] Second.
[15:35] I have a motion and a second on the floor. Further discussion?
[15:38] Not hearing any, all those in favor of approval, signify by saying I.
[15:41] I.
[15:42] I.
[15:42] I.
[15:42] I oppose the same. Motion carries. Any other business?
[15:44] I have other business.
[15:46] None, thank you.
[15:47] I'll now make a motion to approve the waiving of the second reading on any matter
[15:50] for which it may be deemed necessary for today's legislative session.
[15:52] I will second.
[15:53] I have a motion and a second on the floor. Those in favor, signify by saying I.
[15:57] I.
[15:57] I.
[15:57] I.
[15:57] I oppose the same. Motion carries. Comments from the public?
[16:01] Comments from the public. You have three minutes to address the commissioners.
[16:06] Since I don't see anybody rushing to the front of the room- ...
[16:10] we'll consider this meeting adjourned, and thank you all. Appreciate it.