July 23, 2014 at 2:10 p.m.

Questions linger over Knox 'road'

Jay County Commissioners

Plans to vacate a road in Knox Township that may or may not actually be a road were put on hold another week until affected residents can talk with Jay County Commissioners' president Milo Miller Jr.

The commissioners discussed plans last week to vacate a dead-end road just west of Ind. 167 and north of Division Road. A sign at the intersection labels it as county road 1150 West, though the commissioners stated the surface is not part of the county's road inventory and planned to turn the property over the landowners.

Phil Stolz, a resident on the road who operates hog barns at the end of the nearly half-mile stretch, spoke with commissioners Faron Parr and Jim Zimmerman this morning after hearing about their intention to drop responsibility for the roadway. Miller was absent this morning as he is out of town on business.

"That road had never really been a road in our inventory," Parr told Stolz. "It was never really a county road. It was supposed to be turned over to you."

"The top half, the north half, was vacated," said attorney Lon Racster, who spoke with Gordon Kesler, who owns the property where the northern half of the road existed before its abandonment in 1957. "The other half was left to be done with at whatever time."

Confusion about the road's status has stemmed from a meeting in June 2001, when Miller and former commissioners Gary Theurer and Mike Leonhard agreed to grade and lay stone on the road for Stolz at a cost of $4,600. While Miller said last week that it was his understanding that was a one-time deal, Stolz told commissioners this morning that he was under the impression the county would continue with the upkeep.

Throughout the past several years, a highway department employee had been maintaining the road without the department's knowledge, further muddling the issue.

"We didn't know we've had a county employee maintaining your road," Parr said.

"I was understanding that I asked them to reopen it," Stolz said, recalling that 2001 meeting.

The Commercial Review reported at the time, however, that Stolz "agreed to keep the road graded and also said he would accept responsibility for snow plowing in all but extreme circumstances."

Racster said he is still doing research about the legal description of the road and the commissioners agreed it would be best for Stolz to speak with Miller when he returns next week. The commissioners tabled any action until Stolz and Miller have a chance to discuss the matter.

In other business this morning, the commissioners:

•Received an update from Jay County Clerk Ellen Coats about child support billing reimbursement. Coats reported that consulting group Maximus had completed its review of 2008 billing and discovered an additional $13,549.58 that can be reimbursed by the state.

The total money to be recouped from the state from April 2007 through December 2008 is $21,253.15.[[In-content Ad]]
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