County Council continues legal counsel search amidst BOT audit

Updated: 1 hour ago

The Washington County Council continued discussions this week regarding selecting independent legal counsel for the ongoing plans to audit the Highway Garage Build-Operate-Transfer (BOT) project.

In June, the council approved $37,500 for the independent audit after a State Board of Accounts report flagged multiple noncompliance findings related to the project. The funding was intended to cover outside legal counsel, a financial review and a facility inspection by professionals with no prior involvement with the project.

However, before the BOT discussion began, the council attended to other matters such as the health insurance hike and aging police fleet vehicles at the Washington County Sheriff’s Department.

Councilman Preston Shell then made a motion to amend the agenda to discuss the county’s health insurance. The motion was seconded and passed unanimously.

Shell said the proposed cost had jumped by roughly $600,000, rising from about $1.4 million toward $2 million, and that the county had received only one quote.

“That’s a pretty big jump,” Shell said. “We need to get some more quotes… at least two. Just let [our constituents] know that we’re trying… we just can’t do the same thing over and over.”

Council President Brad Gilbert clarified for the public that the council does not select the insurance provider or solicit the quotes. That responsibility belongs to the Board of Commissioners. The council can only make a recommendation.

Several members supported seeking additional quotes if possible.

Councilman Mark Abbott noted that fewer companies are willing to quote group health insurance than in the past. Councilwoman Karen Wischmeier said she was surprised only one company had been approached and suggested local agents should also be given a chance, adding that premiums continue to rise and are becoming less affordable for employees.

Councilman Andrew Davisson pointed to the fact that premiums had been in the $1.3 to $1.4 million range, while claims paid out totaled about $1.8 million.

“It puts everybody in a tight spot,” Davisson said. “It’s going to be tough to find anybody to pick that up.”

Councilman Todd Armstrong recalled that the county’s agent, Zack Richards from Knapp Miller Brown Insurance Services, had previously approached the three major national carriers and only one was willing to bid. He said high claims volume among employees is a significant factor, but he added he was open to seeking another quote if it could produce savings while maintaining good coverage.

Auditor Kyra Stephenson said the coverage had already been bid out to at least four other companies, none of which were interested.

“We are a very unhealthy group,” Stephenson said. She noted there is a formal bidding process, the renewal date is approaching and the timing may be too tight to restart the process this year.

After the discussion, Gilbert said the council would “stay in [its] lane.” They intend to place any concerns and recommendations on the record and forward the information to the commissioners.

No further action was taken in regard to health insurance.

Then, Sheriff Brent Miller appeared before the council to request approval to acquire two new police vehicles.

Miller said the Washington County Sheriff’s Department normally maintains a fleet of about 30 vehicles and replaces three to four each year to keep the fleet functional. The department is currently down two vehicles: a 2014 Chevrolet Caprice that suffered a blown motor while transporting an inmate, and another vehicle that was totaled in a single-car accident while a deputy was responding to a call. He stated the department is looking to replace both vehicles.

He explained that the department has used a lease-purchase arrangement in the past. This process involves buying vehicles through a local bank, making two payments a year for three years, and owning them at the end of the term. The current preferred police vehicle is the Dodge Durango, as the Charger is no longer produced.

Miller provided quotes from John Jones Auto Group for the two vehicles and the required upfitting. He explained there is a difference in upfitting costs between the two units because equipment from the newer wrecked vehicle will be transferred into one of the new Durangos, while the outdated equipment from the 12-year-old Caprice will not be reused.

He said he prefers to keep the business local when possible, but he also stated, “if we can save a considerable amount of money, then it doesn't matter really where we go to get the vehicles.”

“The nice part about using a local vendor is the cars are all upfitted exactly the same,” Miller said. “And when we do have problems, we simply call down there, and we can get them repaired” without officers having to leave the county.

Miller also noted the overall age of the fleet. The department still has multiple vehicles that are seven to twelve years old in daily service, and several members of the command staff have never been issued a new vehicle during his time as sheriff.

His goal is to replace four vehicles this year and was asking for approval on these two now and plans to look for additional used or new units later. Some future purchases may come from the commissary fund, as has been done in prior years when budget line items were already committed to existing leases.

After some brief discussion Councilman Armstrong made a motion to approve the purchase of the two vehicles. Councilman Fleming seconded the motion, and it passed unanimously.

The conversation then pivoted to council meeting times.

It was noted that a recent evening meeting drew stronger public attendance than typical morning sessions.

“I think it went over well,” Councilman Shell said. “It made it easier for folks who may not be able to get to the meetings in the morning.”

Council President Brad Gilbert suggested setting the September meeting for 6:30 pm, given the heavy budget workload expected in August.

Councilman Shell made the motion to move the September 14 meeting to 6:30 pm, Councilman Davisson seconded it, and the motion passed unanimously.

The council then set the official dates for the 2027 budget process.

The public hearing will be held Monday, September 14, at 6:30 pm The formal adoption of the budget is scheduled for Monday, October 5, at 9:00 am.

Council President Brad Gilbert reminded members that once the dates are set, they cannot be changed.

Councilman Fleming made the motion to set the dates with a second from Councilman Davisson. The motion passed unanimously.

Salem Mayor Justin Green then approached to inform the council that local governments across the state are preparing for revenue changes tied to Senate Enrolled Act I and possible further adjustments by the General Assembly. He said both the city and county will need to examine future funding options for roads, bridges and similar projects.

One tool available under state law is a local wheel tax. Green said the Association of Indiana Municipalities (AIM) and the Association of Indiana Counties (AIC) have encouraged local units to at least discuss the option. Nearby examples include Floyd County and the city of Madison.

He emphasized there is a September 1 deadline to adopt the tax if a community wants to begin collecting it the following January. The city council planned to discuss the matter later the same day. Green said he was simply making the county council aware so members could begin their own due diligence.

The council then turned to the selection of independent legal counsel for the Highway Garage BOT audit and a related discussion about general counsel.

Councilwoman Karen Wischmeier and Councilman Preston Shell, serving as the committee, reported they had met twice with attorney Heather Peters. They said she was the only candidate who had been willing to engage with them so far, in part because of the council’s morning meeting schedule. They planned to forward her engagement letter once received and said the formal process would begin in August, with a possible interview and vote later on.

Several members raised concerns about moving forward with only one candidate. Councilman Mark Abbott said he did not believe Peters could be fully independent because she had previously sued the county and won. He questioned whether someone who had already taken legal action against the county could approach an independent audit without bias.

Shell strongly disagreed. He stated Peters had already provided more useful information about county council authority and procedures than he had “learned in eight years on the council.” He argued that rejecting her solely because of the prior lawsuit was counterproductive if the goal is transparency and correcting past mistakes.

Councilman Andrew Davisson said the council should gather information on all candidates before striking anyone. Other members said they wanted multiple options and preferred not to replace the council’s current general counsel, Alyssa Cochran, at the same time the independent audit counsel is being selected. They noted the upcoming budget process should remain the priority.

Cochran addressed the council briefly, stating it was entirely appropriate for members to evaluate their legal representation, and that she wanted them to have counsel they felt comfortable with.

After some discussion, Abbott amended his motion. Instead of excluding Peters, the amended motion directed the committee to continue searching for independent counsel for the audit and to bring forward more than one candidate.

The amended motion was seconded and passed unanimously.

In other news, EMA Director Deni Stempowski informed the council that she is preparing a grant application to obtain dual-band portable radios for all county law enforcement. These radios would be APCO-compliant, enabling officers to communicate with the Indiana State Police, the Department of Natural Resources, and agencies in other counties when providing mutual aid.

A motion to adjourn was then made by Councilwoman Wischmeier. It was seconded by Councilman Shell and passed unanimously.