[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.

[9:24] 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 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 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 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.

[14:50] 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 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 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.

2026.08.07_AllenCounty_BoardofCommissioners

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