Commissioners approve Interlocal Agreement, heated BOT discussion ensues
- Nathaniel Smith | Editor-in-Chief
- 3 hours ago
- 15 min read
The March 3 Commissioners Meeting saw the commissioners tackling items such as an Interlocal Agreement, a Community Corrections grant support letter approval, and comments from Lucy Brenton regarding the BOT (Build-Operate-Transfer) agreement. The end of the meeting saw a heated exchange between Commissioners Marshall and Cardwell.
Once the meeting began, Commissioner Todd Ewen made the motion to add the previously mentioned Inmate Agreement to the list of agenda items. The motion passed, followed by the commissioners inviting Brenton forward to utilize her public comment time.
Brenton began by asking Attorney April Geltmaker what the status was regarding her public records request that Brenton made in a previous meeting on February 18. She had verbally requested information about the BOT agreement, and she was then instructed to submit this request via email.
“Thank you, April, for acknowledging my public records request on the afternoon of Wednesday, February 18th,” Brenton said. “It looks like I did ask for quite a few things. I have a total of 14 items that I asked for. Can I please find out the status on this?”
To which Geltmaker replied, “We’re still working on it.”
“Okay. It is supposed to be returned to me in a reasonable amount of time. And these are current county records. I'd like to make sure I emphasize the fact that these are the people's records. These are records that are kept in the course of business for the people, and not just for the agencies involved. Since a reasonable amount of time is prescribed by the law, in your mind, what is a reasonable amount of time?” asked Brenton.
“It depends on how much time that the Auditor's Office will need to pull those records,” replied Geltmaker.
“We're at 15 calendar days now,” said Brenton. “And so, I will be following up with that at every meeting. If I don't get them in what I consider to be a reasonable amount of time, I will be escalating my request to the State of Indiana. All my paperwork and research just seems to get thicker and thicker. I'm not a prosecutor, and I've never been in law enforcement, but as I mentioned last time at the meeting, it does seem to me, just as a citizen, that there may be some criminal and maybe civil things that are going on here that could result in criminal or civil penalties for the actors involved. So I'd just like to, as a friend of the county, remind people that those who turn in state's evidence first are the ones who are most likely to be able to cut a deal for themselves and to avoid criminal penalties, as well as civil penalties that could devastate your family's assets. I also have been working on a lot of research in relation to these sorts of things. I understand that there are executive meetings in which these things have been discussed, so I do intend also to use FOIA, the Freedom of Information Act, to ask for those requests as well. You can be expecting to get some more similar things from me.
“I want to use my little bit of time left to reference BOT agreements in Indiana Code 5-23-3 to make sure that we're all on the same page here for the BOT agreement at 5-23-2 and 4, and all of the information and requirements that are surrounding them with regard to construction, cost development, the governmental bodies and how things are allowed to be done here. The B.O.T. agreement, according to 5-23-2-3, is ‘an agreement between a governmental body and an operator to construct, operate and maintain a public facility and to transfer the public facility back to the governmental body and an established date.’ I am curious about the BOT agreement, which is floating around. I'm most concerned because it started with eight and one half acres, and it's now at seven and one half acres. And I would like somebody to answer as to where that acre goes. Tony [Cardwell], do you have any idea where that acre went?” she asked.
“You’re over your time,” said Commissioner Phillip Marshall. “You’re wrong on your numbers, okay? Your time is up. Kyra, I think, will be answering that per your request. But it’s not seven and one half according to the contract.”
“Well, an acre is really bad. But you know what's most concerning to the county is a huge asset for the public. That's 19.5 acres,” Brenton said.
“Are you not interested in improving the county?” Marshall asked.
“Oh, you mean, am I interested in using public funds for private profit? No, I'm not interested in raping the taxpayer. I am a taxpayer in this county,” said Brenton.
“I am too,” Marshall said. “I pay my taxes.”
“Well, we all do,” Brenton said. “Because if we didn't pay our taxes, our property would be removed from us. Taxation is theft. But the biggest theft that I'm seeing right now as a citizen – I'm trying to figure out where these 19.5 acres have been negotiated away that's next to the airport with the READI funds started under Holcomb. Right next to an airport. And those municipal things that are going on, you're part of that, Phil. You're part of the negotiation.”
“You better believe I’m part of it,” Marshall replied. “Thank you.”
“Yeah, which part of it are you?” Brenton asked.
“The taxpayer,” said Marshall. “I've been working with this county for 13, 14 years now. Okay? Day and night. I'm getting fed up with it. I'm getting tired of being accused of illegal meetings. All this stuff going around. If you people don't want this, we can turn it down and they can continue working in the hole they're working in or we can improve it.”
“I'm all for turning these projects down,” said Brenton. “How did we go from 360ft to 285ft, and then have a developer claim that we're $408,000 over? But conveniently, you signed off to give 19.5 acres to a developer.”
“I have to research that myself,” Marshall said.
“You voted for it right here in this meeting,” Brenton remarked.
“Are we talking about the airport? Are we talking highways? What are we talking?” Marshall asked.
“It started with the Build-Operate-Transfer agreement right over here on 135,” she said. “And then it moved to the developer shortening buildings. Taking haircuts on what the taxpayers are supposed to be paying for, and yet somehow magically being over budget. Todd [Ewen] voted for this, too. You two negotiated to take a project where the taxpayers were taking a haircut, being defrauded, and then turn around and give that as a bonus to the developer. We're talking over $400,000 in 19.5 acres of county property that belongs to the taxpayers. That's not for you to negotiate.”
“Thank you. We'll get back to you on that. I promise you,” Marshall said.
“You’ll get back to me on what? The 19.5 acres?” Brenton asked. “Are you going to tell us–”
“Lucy, your time is up,” he said. “I will get back to you.”
“I think people, they want more transparency and want more answers on what's going on,” said Commissioner Tony Cardwell. “I hear it everyday.”
“No,” began Commissioner Todd Ewen. “You know, I've not had one person call me and say, ‘Todd, I've got a question about some of the things she's talking about.’”
“I do everyday,” Cardwell said.
“I would like to be involved with that. You want to talk about transparency? Because I don't believe you,” Ewen said. “I want their names and I want to talk to them myself. I don’t think you're qualified to answer their questions.”
“Somebody, teach me how to do a conference call, and I'll start putting you on with them. But I do. I hear it every day,” Cardwell said.
“I've never called you outside of this because, quite frankly, I don't want to be targeted,” Brenton said. “There are people in this county that have taken dirt naps, and I have a lot to live for.”
“You have been excused, Lucy,” Ewen said.
“The only excuses being made are by the two of you,” she replied. “For your behavior and your theft from the county. That's just my opinion, and I hope that it comes to fruition. I hope this comes to an actual court case where you will be held accountable for negotiating away taxpayer assets for personal benefit.”
“Time will allow us to find all that out,” Ewen said.
“I appreciate your tenacity there, Lucy,” said Cardwell as Brenton went back to her seat.
“Is that what you call that?” asked Ewen.
“Yep. I've been told that, myself, before. I know exactly where she's coming from,” Cardwell replied.
That concluded the heated discussion between the commissioners and Brenton, and they moved on to the approval of the February 17 meeting minutes and the claims and payroll. Cardwell stated that he would be voting against the approval of claims and payroll. He revealed that he has been seeking legal advice elsewhere, saying, “they told me I might want to stay away from that” because of “everything that’s been going around.”
“Good enough,” said Marshall as Ewen laughed.
Upon approving claims and payroll in a 2-1 vote, the meeting pivoted to the next item on the agenda regarding Community Corrections grants. The commissioners invited Myra Albertson forward.
“I'm here today representing Washington County Community Corrections,” Albertson said. “Prior to this meeting, I had distributed to you the 2025 annual report. Do you have any questions about that?”
Albertson explained further after an unrelated question from Commissioner Marshall.
“Washington County Community Corrections is funded by a Department of Corrections grant and project income. It's time to apply for the 2027 Department of Corrections grant. I'm also applying for an Indiana Office of Court Services grant to be funded for our South Central Indiana Veterans Treatment Court Washington County. May I have your signatures on a letter of support for the admission of those grants?” she asked.
The commissioners agreed unanimously with no further discussion.
Highway Superintendent Rick Voyles was then invited forward to provide Highway Department updates.
“There is work being done on Bridge 61,” Voyles said. “We are working on another funding source from the state here, and we've advertised our Community Crossings Paving list. The bids will be opened at the March 17th meeting, so that'll be our next meeting, I believe. I just brought you a list for you to look over. These are the same roads that were on our previous application, so nothing has changed there… These roads are not guaranteed as part of a grant. I'll read them off, but I don't want to get people's hopes up in case something doesn't go through:
Mount Eden Road
Mount Tabor Road
Delaney Park Road
Dutch Creek Road
Rush Creek Road
Bud Miller Road
Walnut Ridge Road
“Now, that doesn't mean it's the whole entire road, but sections of each road. But please keep in mind if something falls through, that may not happen,” he continued. “Next up, we've discussed the Highway 150 intersection widening project. INDOT has reviewed the design plans and we're waiting on a meeting with the landowners. So, it's moving forward, just kind of a slow process jumping through the hoops.”
The aforementioned widening project is in regard to the parking lot entrance of the Hardinsburg General Store. Following this, the meeting shifted to the Interlocal Agreement between Washington County and Harrison County regarding the housing of inmates.
“There is currently an interlocal agreement between Washington County and Harrison County regarding housing of inmates,” said Attorney April Geltmaker. “In the event that Harrison County needs to house inmates for various reasons, whether overpopulation or construction, Washington County, from time to time, does have available space to accommodate the additional inmates. This agreement is about nine years old, so we're updating that. The changes include that the term of this agreement will be in effect from the approval from both the Washington County and Harrison County commissioners through the end of this year, December 31st, 2026. The number of inmates at Washington County agrees to accept and house will remain at 40. The compensation per inmate rate will increase from $42 to $52 per day. Harrison County will continue to be responsible for all medical expenses provided to Harrison County inmates, and Harrison County will then be responsible for paying those providers for those services, rather than Washington County funding those payments and having to be reimbursed. Harrison County inmates will bring their commissary balance to Washington County for use.”
Sheriff Brent Miller explained further.
“It's very similar to the one that was drawn up in 2017,” he said. “We made some very minor changes to that contract. The big thing that I'm interested in asking the commissioners to do is to split this money with us that we're going to receive from Harrison County. It's not uncommon in checking with other sheriffs around the state to house inmates for other counties. The sheriffs often negotiate things to where they split the money with the county. And half of that goes to the general fund, the other half goes toward the sheriff's department to spend on things that are appropriate for the department, including but not limited to, purchase of vehicles or to also pay a one time stipend to the jail employees that are picking up the extra workload by taking on the care and responsibility of up to 40 more inmates. Last summer at budget time, myself and Captain Ward prepared our salary study for the county council. At that time, we determined based on the surrounding counties where we're losing our jailers to, that we needed approximately a 13.5% raise to get our jail staff up to an average salary. We've got a 6% raise, and we appreciate that, but that still leaves a marginal gap there between what our corrections officers get paid and what they pay in other counties. And I know we can't use this money to guarantee a raise for those people, but it would be nice if we could earmark some of this money to at least be able to pay a one time stipend to those workers, so that maybe we can help retain some of our correctional staff.
“I don't know what those numbers are today,” he continued. “Captain Ward keeps me posted on a regular basis. I can tell you, out of the 20 correction officers we have back in the jail, we average a little over one year of experience with our jail staff. Part of that is due to the huge number of turnovers. Unlike a lot of the other county jobs that our county employees do, the jail staff is subject to a lot of things that other county employees are not subjected to. In our jail, staff get kicked, they get punched, they get spit on, they get bit, and they get urine and feces thrown on them. It's a tough job to do, and they sometimes don't get the compensation that they should for dealing with those kinds of things. I know personally I would not want to do the things that they do, especially for the pay that they do. So again, the only thing I wanted to really come before you today was to ask that we see if we could split that money with the county. Again, it's not uncommon to do that. We have held inmates before for other counties, and we've never negotiated anything to be earmarked specifically for the sheriff's department. But as a way to try to help with retention or jail staff, I thought it would be appropriate to ask if we could split that money with the county.”
After some discussion, it was determined that a decision regarding what Sheriff Miller was asking for would fall under the County Council. The commissioners then approved the Interlocal Agreement previously read by Attorney Geltmaker.
“Commissioners, I wanted to follow up on Miss Brenton's comment that she made back on February 3rd,” said Geltmaker. “She referenced an Indiana Code 4-13.6-7-7. She claims that the statute prohibits change orders related to performance bonds. I confirmed with bond counsel, and that particular statute applies only to state public works. It's not relevant at all to county projects or B.O.T. So, any change orders are allowed by statute. And you look to your B.O.T. agreement for that process. That’s all I have. Thank you.”
“Great, so we can expect a list of all the change orders?” asked Brenton. “I'll make sure to put that in as a public records request.”
The commissioners then began to slip into a heated exchange over the cost of the highway garage.
“Just for clarity, purposes and everything. How much exactly is the highway garage going to cost us as a county?” asked Cardwell.
“Have you read the BOT?” asked Marshall. To which Cardwell said that he had.
“What’s it say in the BOT about change orders?” asked Marshall. “Let’s talk about this. What does it say? They’re permitted. It was supposed to be $4.8 million. That’s what we told them. We were not going to go over. But then, according to the BOT, to be compliant with the state and the fire marshal, we had an extra layer of drywall added in the shop area. They’re entitled to charge for it, but we kept telling them all the way through that we’re not going to exceed the $4.8 million. That’s what we tried to hold it to, but Midwest Natural Gas told them that they were going to run the gas line. Then Midwest Natural Gas didn’t, which they are independent and they can do that, I know that. Duke Power didn’t run the line completely back like they were supposed to. There was a small amount of change there. So there are two changes that were supposed to be… Rick [Voyles], did you order another 20 foot bin out there for something on the aggregate bins?”
“No, I pointed out it was missing,” said Voyles.
“Okay, and there were some extra receptacles put in the office area?” Marshall asked.
“Not that I’m aware of,” Voyles replied.
“According to Daniel, there were,” said Marshall. “I think you doubled receptacles around, I think you’ve got 12 circuits in that.”
“I’ve never changed anything,” Voyles replied. “The only thing I pointed out was that there was a plug for a microwave missing.”
“Well, they doubled it, So you’d have some additional on that electric,” Marshall said. Turning back to Cardwell, he continued. “But basically, we were trying to hold at $4.8 million, but I haven’t seen a final number to tell you exactly what it’s going to be. That’s as far as I can tell you right now.”
“Alright, I’ve got another question,” Cardwell said. “If I asked for particular information about this project as a commissioner, do I not have the right to that?”
“Yeah,” said Marshall. “And it’s all been right in front of you.”
“No, it ain’t,” Cardwell remarked. “Phil, I've been asking for the information on the $2 million loan for, I don't know how many months now, and I got denied again on it the other day.”
“You get your email?” asked Marshall.
“Yes, I get my email,” Cardwell replied. “You want me to show you where I sent the email? I'll be more than happy to do it. If I get called a liar one more time, I'm going to start standing up and telling people the truth about what's really going on here.”
“I wish you would,” said Ewen. “What’s your question about the loan?”
“I've done some digging around here, what was it, 3 or 4 months ago? I was questioning about the $268,000 I could not find, and I asked if it got paid to another utility company or another sub or something like that,” Cardwell said. “And then we found out in yesterday's council meeting that some subs had got prepaid. I'm very familiar with the way construction projects work. You always pay the general contractor, and then they pay the subs. Especially the governmental unit.”
“There were no ‘subs’ with an ‘s.’ There was one sub,” said Auditor Kyra Stephenson.
“Listen to her!” said Marshall.
“I have the financial report right here,” Stephenson said.
“Well, I have one, too,” said Cardwell. “What about the generators? I’m asking where is all of this going?”
“They’re going to be commissioned this week. You know anything about that?” asked Marshall.
“I’m asking who pays for it?” asked Cardwell. “Does that come out of the original $4.8 million, or is that added on?”
“That came out of ARC,” said Marshall.
“That’s what I’m asking here,” Cardwell said. “Let’s be clear. Let’s get it all out. I’m asking.”
“If you would be quiet so we can explain,” began Stephenson.
“I know it came out of ARC, that’s why I’m asking if it’s part of the original agreement or above and beyond that?”
“No, it wasn’t part of the original agreement,” Marshall said. “We added generators so an electrical storm or a tornado or ice or whatever – while they're working in the dark, we put two generators to where the shop and work and where the office could manipulate. Okay?”
“I’m not stupid. I understand that,” Cardwell said. “I’m asking if that was originally part of the project?”
“That’s not the original project,” Marshall said. “That was an add-on. It was taken out of the ARC money to save the county money.”
“Okay, that clears that up,” Cardwell said. “That’s what I’m getting at here. That’s a good thing there. That’s what I’m asking.”
“Well, I’m glad you approve,” Marshall said. “What else?”
“Well, some questions over the tanks were brought up yesterday–” began Cardwell.
“If you’d come to the meetings – The door has never been closed, Tony,” Marshall said. “You’ve been invited every time.”
“Have not!” Cardwell replied. “You all do all kinds of meetings I’m not invited to.”
“I don’t know where you’re coming up with that. That door has never been shut, Tony. Never!” said Marshall. “Two, three weeks ago, you came out here and sat. You didn’t go back there, and the door was open. You went to Growth Partnership a while back on a Friday. We were back there waiting on you to get back there to hear you talk about it. You didn’t come in. You wanted to go pouting around, telling everybody how bad you’ve got it.”
“I ain’t telling nobody how bad I got it,” Cardwell said.
“Yes you do! You want to whine to everybody!” Marshall replied. “You have been welcome to everything back there.”
The argument between the two continued for a few moments longer as it fell further into a shouting match before simply fizzling out. After a brief pause, Stephenson broke the silence.
“Right here’s your report,” said Stephenson. “So if you have any doubt, here they are. If you would be quiet for a minute and let me explain this. So, the first one is to Temple [& Temple]. It shows everything that has been paid to them. Every single thing. It’s all highlighted. Everything that has been paid to them. And I know you’ve gotten the application for payment. I know you’ve got those, so you can’t say you didn’t. I know you do. I have the ARC report, also, that shows the expenses being paid. They are highlighted. There are also notes to the side as to what those are, and if they pertain to the BOT or not.”
With no further discussion, the meeting was adjourned.
