Commissioners approve insurance, Ewen and Cardwell share heated exchange

Updated: Jan 27

The January 20 Commissioners Meeting began like most others with the Pledge of Allegiance, prayer, and public comments from Lucy Brenton. Following the prayer and a slight alteration to the meeting agenda, the commissioners invited her to come forward to speak.

“April [Geltmaker], I wanted to let you know that you will have in your email – from my email, lucy@lucybrenton.com – the request that you publicly made to me that in order to answer my question about whether county officials are allowed to lie to the public,” began Brenton. “You wanted me to send that to you in an email format so that you would have time to research and respond. I thought it was a pretty easy thing. I would expect that county officials would not lie to the public, but pending your research of this important legal question, I have sent that to your email like you asked on January 6… HB 1043 is data centers and water in Indiana. And for those of you who are not aware, HB 1043 is a bill to define data centers. [The bill states] ‘prohibits a person from operating a data center in Indiana without obtaining a consumption permit from the department of natural resources. Sets forth information that must be included in a consumption permit application. Establishes procedures for the department to approve or deny a consumption permit application. Provides that a consumption permit may be transferred under certain circumstances. Provides that a person may consult with the department to assess the viability of a proposed data center with respect to water consumption. Allows the natural resources commission to adopt rules to implement this bill.’

“I quite frankly don't think that this is enough to protect Washington County, even if this does pass, and I urge our commissioners to consider an outright ban on data centers due to the water usage in this county,” continued Brenton. “We are at a very serious place, being under 30,000 residents in this county. Governor Mike Braun said that if you have under 30,000 residents in your county, you would be a target. And he thinks that that's where data centers should be placed, because we have karst topography, because we have limestone caves that are currently upheld by water. Without the water in those caves, if it were to be pulled up by data centers, even if an amount were taken up, and then they would recycle that same water, the loss of that water would be devastating to our landscape. Those limestone caves can actually collapse like pancakes. Not only taking away the wells, but also our houses could go into those sinkholes. So I would urge you to have some sort of resolution to outright ban data centers in our county. And that is my time. Please ban data centers in our county entirely and protect us from those vultures. Thank you.”

Following Brenton’s comments, the commissioners invited Andrew Bush forward to discuss the Veterans Memorial.

“We're representing the Washington County Veterans Memorial,” said Bush. “The thing that sits out here on the courthouse lawn. Frank [McKnight] took it upon himself, but we're maintaining it and keeping it clean and everything. What we've noticed is a little bit of a safety issue. If you see the picture there, Frank took some pictures, and then the last page has some measurements of what's going on. It's just wear and tear, and it's starting to become a safety issue. So I just wanted to bring it up. I don't know what the next step is. I just want to bring it to everybody's attention, to figure out if that's the memorial's cost, or if it's the county's cost. It's the steps coming down from the sidewalk down to that memorial. So, like I said, I just want to bring up the fact that something needs to be addressed. I don't know how or why, but anyway, we just want to bring that up to at least put it on the agenda.”

Commissioner Todd Ewen responded by calling the situation a “no-brainer,” and he said the issue does not require a vote.

“I park over there quite a bit, and I've noticed that here recently it's deteriorating pretty badly,” said Commissioner Ewen. “I don't think we need to vote on it. That's a no brainer there. We'll get some quotes. The steps need to be jackhammered out. Concrete and new metal need to be put on the edges to the correct dimensions so it's ADA approved. We need to reinstall the handrail and address whatever concerns we have with the light. Just one of the many hundreds and hundreds of things that need attention in the county. I would suggest that we get some quotes on it and move forward with getting it repaired when the weather breaks.”

The Commissioners then invited Zack Richards to come forward to discuss commercial insurance for the county.

“Just wanted to start by talking about workers compensation,” began Richards. “You guys warmed very well as a whole on this policy and this year's loss ratio. The premium paid over the year is 23%, which is fantastic. And you have a five year loss ratio of only 17%. Last year's premium was $100,943. And this year's renewal – even with an increase in payroll from $8,943,311 to $9,390,435, which is close to a $500,000 increase in payroll – we were actually coming in less on renewal. And the reason being is your experience mod. You guys have continued to perform well on this, and so the premium is going to be $98,535. And so that's less than last year which was $100,943. So, we had a decrease there. Experience mod was a big, big factor there. You guys are performing really well. One claim, this past year – just to keep in mind how we handle claims – there was a very timely one. It amounted to, ‘hey, we got to get this done in X amount of hours.’ There were some initial issues with the pharmacy, and we were contacted. We called the policy carrier, who manages who has the actual policy, and they got that all straightened out in time to resolve that issue on the claim. So, anytime there are claims, work comp, or any kind of claim, we're always right across the road. Phone call or walk right over there to us and we'll be on it and try to take care of it as soon as possible because everything's pretty timely when it comes to insurance, especially worker's comp.

“The property – great news – I was expecting what they were saying: around 5, 6, or 7%. It's actually a 1.01% increase,” continued Richards. “So, barely a point increase on the premium from last year's premium, which was $90,921. This year's renewal is $92,452, which amounts to the 1.01% increase. This was even with the blanket property amount increasing from $60,300,310 to $61,072,732. About a $700,000 increase in building coverages. I think that in general with property and insurance, things are softening. “It's not as hard a market as we've experienced over the past 3 or 4 years. So, you guys are looking good there. Now general liability, which is Ambridge and Chubb. Chubb is the property, and Ambridge does the general liability and the physical damage on the autos. We've had a few auto claims here lately that have come in. Last year's premium was $318,870. So, it's a larger portion of the premiums you pay. And from all indications – I have not received that yet – but all indications point to that also coming in at less than 5% on the renewal. So, that's promising.”

The commissioners then voted on the information provided by Richards, and the vote passed unanimously. The meeting then shifted gears to Attorney April Geltmaker who introduced the first addendum to the public private agreement.

“This is a first addendum to the public private agreement. The BOT agreement,” said Geltmaker. “There is additional scope added to the BOT agreement. The increase to that initial budget, it will be offset by the conveyance of property. It is 19.5 acres located near the airport. And there are no other changes other than that scope and conveyance.”

Commissioner Todd Ewen made the motion to accept the addendum, and Commissioner Phillip Marshall seconded the motion. The two voted in favor, and Commissioner Tony Cardwell voted opposed. Things then began to get heated between Commissioners Ewen and Cardwell.

“Why are you opposed to that?” asked Ewen.

“Well, I think it never really got discussed,” said Cardwell. “You brought it up in one meeting before. You made a proposal and never presented it to us to begin with.”

“This was in April of last year,” replied Ewen. “We had an attorney that explained it. I explained it on April the 7th.”

“We’ve had other attorneys say otherwise, too. Said the council’s got to approve any land swap and all that stuff too.”

“That is not true,” Ewen said. “You have not approached anybody to ask us any questions about it.”

“Well, if y’all wouldn’t do the behind the door, backdoor stuff, maybe I’d have been aware of it. More so than last April. I actually asked to see the proposal, and I got it on email and everything about it.”

“Every time we do anything, you accuse us of doing something illegal or backwards,” said Ewen. “You haven’t come to Phil or I, either one, to ask any questions about it. I want to know why you’re opposed to saving the county money.”

“You haven’t proved to me that it saves the county money,” said Cardwell. “What if we would sell the property ourselves and then just pay it like that?”

“Do you not recall the first ten days you took office in January?” Ewen asked. “I took you in that office and said, ‘this is a priority of mine.’ I explained it to you in detail. I showed you the appraisals. Two of them.”

“No, you did not do that,” Cardwell said.

“Oh, come on!” said Ewen. “Maybe you didn’t look at them, but I laid them on the table.”

“You said you had some, and you told me they come in about this, and come in about that and all that,” said Cardwell. “Actually, they would’ve been outdated at this point in time, too, I would think.”

“I'm just curious why you would be opposed to saving the county $400,000 and putting a piece of property in private hands,” Ewen remarked. “Therefore, it will be on the tax rolls. Right now, with it belonging to the commissioners, like we say on the farm, it's eating hay. It's not producing any income because we don't pay property taxes. It will generate $10,000 of tax revenue a year. I just don't understand your line of thinking. It just defies reason.”

“Proper procedures,” said Cardwell.

“You need to pay attention,” Ewen said. “I have nothing further. Thank you.”

“I didn't realize what that public private agreement even meant. That's my fault for not asking before now. I may have been a little bit more prepared for it at that point,” Cardwell said.

Commissioner Ewen then moved on to the appointment of a new Planning Commission member. David Lyles is no longer serving on the commission, and he has now been replaced by Kelly Williams. Williams has also been appointed to the Board of Zoning Appeals (BZA).

Rick Voyles from the Highway Department then came forward to give updates on the work he and his crew are doing.

“We opened bids for bridge 61, and the low bidder was Temple & Temple in the amount of $378,000. And my recommendation is to award the low bidder,” said Voyles.

The commissioners voted in favor unanimously.

“Other than that, as I'm sure you've seen, they're calling for the potential of pretty severe weather this weekend,” Voyles continued. “We are getting our tire chains out, making sure all the trucks are ready to go and just going through the motions basically. Hopefully it goes south of us. There is a good chance of that.”

Just before the meeting adjourned, Commissioner Cardwell presented a question to Commissioner Ewen.

“Would you explain to me and the community here what the intentions of that 19.5 acres are for the private owner? What are their plans to improve our community?” asked Cardwell.

“I have no idea,” replied Ewen.

“So, you just sat here and said you put it into private hands to improve this and that, but you don’t know the plan?” asked Cardwell.

“I have no idea. It's not my business,” Ewen said.

“Well, what are we going to develop? What are they going to do? I'm asking,” Cardwell said.

“Doesn't matter,” Ewen said. “It's called free market enterprise. When when people in the–”

“Not at the county taxpayer’s expense,” interrupted Cardwell.

“Not at the taxpayers expense? Do you know what we got in return for that?” asked Ewen. “We got 6 aggregate bins. Have you been out and looked at them? They're massive. They're going to be nice, aren't they, Rick?”

“Yes,” replied Voyles.

“We needed them,” Ewen said. “The council didn't give us enough money to build them. So, we have to do some creative things. Instead of coming up with money, we take property that was basically worthless – that costs us nothing – and we're going to put it in private hands, and it's going to draw $10,000 worth of property tax revenue from here to eternity. Now, if you’ve got issues with that, you need to go back to math school in fifth grade.”

“I'm saying you should have had it voted on before you made the deal to build the bins,” said Cardwell.

“We just voted on it,” Ewen replied.

“But, you done made the deal prior,” said Cardwell. “And now, we’re approving it after it’s done been done. You’re supposed to approve stuff before you have stuff done.”

“We just approved it!” Ewen stated.

“But you done had the concrete work done!” said Cardwell. “So, you had the work done prior to even having the–”

“We’ve been talking about this for going on two years now,” said Ewen.

“But it never was approved. You didn't bring it in front of people to get it approved,” Cardwell said.

“What did we just do?” Ewen asked.

“You just done it, but you done made the deal and had the concrete poured prior to the deal,” said Cardwell. “Prior to the approval.”

“I’ve been working,” said Ewen.

“Oh, I know you have,” Cardwell remarked.

“You’re darn right,” said Ewen.

Shortly after this heated exchange, the commissioners then made the motion to adjourn the meeting.