February 28, 2023 at 5:39 p.m.
Government overreach?
JCDC, council members accuse officials of going too far while commissioners say they are within their legal limits
Government overreach?
By Bailey Cline-
Some say it’s an overreach of power.
Others say it’s within legal limits.
Jay County Commissioners heard criticism Monday about their Feb. 13 decision to rescind Jay County Development Corporation’s five-year economic development plan.
Commissioners, Jay County Council and city and town councils throughout the county approved a five-year plan for economic development income tax (EDIT) dollars put together by JCDC in 2020. It set priorities of using such funds for spec buildings, developing industrial land, acquiring land for industrial, residential and commercial use, investing in downtown, revolving loans for local businesses, blight eradication and as a match for grants like the Indiana Department of Transportation’s Community Crossings program.
JCDC executive director Travis Richards requested Monday commissioners reconsider their decision to rescind the plan, as well as their decision to table a $210,000 claim for JCDC’s annual budget.
Commissioner Chad Aker noted the county is now requiring applications for funding requests from non-governmental organizations, including requests for which funds have already been allocated. (Commissioners recently asked JCDC to fill out the funding application for its budget, an amount that was set and approved by Jay County Council last year.) He referenced the current discussion between local officials and JCDC, which is considering making changes to its bylaws that would assign permanent seats on the executive committee to several local government officials and also establish a code of conduct.
Commissioner Brian McGalliard also said state statute (Indiana Code 6-3.6-10-2) requires a contract between JCDC and the county. (According to the code, it says “a county, city, or town may use revenue allocated for economic development purposes” … for “contract payments to a nonprofit corporation whose primary corporate purpose is to assist government in planning and implementing economic development projects.”)
Richards pointed out the statute also says the dollars may be used in various other ways, including for “any lawful purpose.”
JCDC board member Barb Street asked why commissioners rescinded the five-year plan. McGalliard noted the state no longer requires communities to use such a plan, which seeks input from an advisory committee — it is made up of members from every Jay community — and requires council approval.
Council member Matt Minnich voiced his concern about the plan being rescinded. He referenced a previously budgeted $2,000 EDIT funding request from Jay County Historical Society, which was tabled by commissioners earlier in the meeting.
“In my opinion, all the money for EDIT is in the hands of three people, and EDIT advisory and council has been removed from that process,” he said.
McGalliard continuously referred to state law Monday. He referenced the county’s budget, about $21 million, saying dollars can be moved between line items in each fund within reason. By state statute, he said, the process is not illegal and that it happens regularly.
County auditor Emily Franks agreed but said it was typically for smaller-scale costs like office supplies or records.
Council member Cindy Bracy argued if JCDC’s funding needs to be adjusted, it should require approval from council. She added that commissioners should revise the plan instead of rescinding it completely.
“Why not go through the process to change it so that you have multiple voices?” she said. “(The plan) was taken through input from our taxpayers who said this is what we want to do. If you want to change it, follow the plan that was set out for it.”
McGalliard said surrounding counties operate without a five-year economic development plan. Bracy responded that commissioners could have waited until the plan expired to change the process.
Commissioner Rex Journay admitted he regrets rescinding the plan.
“Seventeen sets of eyes, 10 sets of eyes, are far better in looking at something than three sets of eyes,” he said.
McGalliard challenged JCDC, which has been in operation since 1985. He referenced state statistics, such as Jay County’s income per capita, income per household and number of residents with a college degree, all of which are ranked among the lowest across the state.
“I have not seen any plans brought forth that’s going to attack any of these issues,” he said.
“Why should I have faith that you’re going to change the fact that we are clear at the bottom of the state in every ranking?”
JCDC board member Josh Atkinson noted McGalliard as well as other council and community members are on the group’s board.
“Not in one meeting have I heard anybody in those groups come forward and say, ‘Hey guys, here’s my plan. Here’s how I would like to fix it,’” he said. “Maybe you guys have this plan that can right the wrongs and put this ship back on the right course. Share that plan with us. Let JCDC help assist that plan. We are here to assist in economic development, and we can come up with a solution that would work for everybody.”
McGalliard referenced his suggestion at previous meetings to invest in a comprehensive plan. (The last one for Jay County was conducted in 1991.)
JCDC board member Chad Towell said commissioners, specifically addressing McGalliard, have not voiced concerns about economic development spending at any JCDC board meetings.
McGalliard said attorneys, including JCDC’s lawyer, advised him not to discuss such issues in public with media in attendance.
“That’s why we requested to be on the executive committee, that way the newspaper’s not there, and any issues the commissioners, any other elected officials had, would be behind closed doors, wouldn’t have to be made public,” he said.
Towell noted a meeting could be called at any time. (Board member Bryan Alexander added JCDC invites the media and that it is not required to do so.)
McGalliard pushed for a contract with JCDC moving forward. Richards questioned the timing of his intent to set up a contract and again asked about his request to reconsider rescinding the plan and tabling his organization’s budget.
Journay made a motion to approve JCDC’s claim for at least half of the annual amount ($105,000), but it died for lack of a second.
Aker advocated for cooperating with JCDC moving forward.
“I want to resolve this. I don’t want to shut down JCDC. But I want us to work together,” he said. “We’re all in this for the betterment of Jay County, period. We just have a different way of looking at things.”
He asked Richards to submit the funding application.
Aker also requested a meeting for an “amicable” discussion before JCDC approves changes to its bylaws.
Also Monday, Richards presented the strategic investment plan created through the Hoosier Enduring Legacy Process, an Indiana Office of Community and Rural Affairs program intended to help communities decide how to allocate its American Rescue Plan Act funds. Purdue University recently returned the plan to JCDC for final revisions, and Richards gave copies of the plan to commissioners. The plan is due Friday.
Commissioners requested an extension, with Richards asking what has changed since they first received copies of the plan in November. Aker noted he would like to tack on a new public safety facility, specifically referencing a multi-faceted building for Jay Emergency Medical Service, Jay County Health Department and Jay County Coroner’s Office.
McGalliard questioned the portion about improving access to child care, pointing out the document lists The Portland Foundation’s plans to convert the former Judge Haynes elementary school into a daycare. Richards explained HELP required specifics for each project and that he used past examples to illustrate what the project could look like. Journay asked Richards to reword the document so it specifies The Portland Foundation project is an example.
In other business, commissioners:
•Heard from Bill Walters, executive director at East Central Indiana Regional Planning District. Walters highlighted grants and projects the group is working on, including looking into constructing new buildings for Jay County Solid Waste Management District, Jay County Highway Department and JEMS, Jay County Health Department and Jay County Coroner’s Office. The group also has two interns working in Jay County to determine what federal grant dollars to apply for.
•Accepted an agreement through Liberty Mutual insurance company to receive $55,867.54 for damage done to the county road 100 North by HIS Constructors during the runway extension project at Portland Municipal Airport. (That leaves commissioners to cover about $14,000 for the road work, which they said the county would likely spend in legal fees if it chose to file a lawsuit against the company.)
•Gave their support for Jay County Drug Prevention Coalition for a grant application through the Division of Mental Health and Addiction in hopes of building a sober living community.
•Agreed to move forward with creating a parking space for Jay County Sheriff’s Office along Court Street and establishing guidelines for sheriff’s deputies to bring Jay County Jail inmates through the east door at Jay County Courthouse.
•OK’d repairing a guard rail along county road 550 East between county roads 400 North and 500 North after a car accident Feb. 21. The repairs — Milestone Contractors will handle the work for $25,295.57 — should be reimbursed by the driver’s insurance.
•Accepted a three-year contract at $3,300 annually with Dossett Consulting of Indianapolis to help reimburse some costs associated with Title IV Section D of the Social Security Act.
•Approved a new lease with Five Brothers LLC for use of the Jay County Community Corrections office at 120 N. Commerce St., Portland. (The previous owners sold the building that the department has rented since 2008. Rent has not changed, although the lease now renews on a month-to-month basis.)
•Appointed Logan Slusher to the three-member board for the Frank Grisell ditch.
•Approved a 63-month contract with Leap Copier Printer of Muncie for Jay Emergency Medical Service printing needs for just over $151 a month.
•OK’d updating the courthouse security system at a cost of about $160 through Stylus Technologies.
•Paid a $174,442 quarterly claim to LifeStream Services as well as $1,671,849.44 in other claims.
•OK’d purchasing a mini bus for LifeStream Services.
Others say it’s within legal limits.
Jay County Commissioners heard criticism Monday about their Feb. 13 decision to rescind Jay County Development Corporation’s five-year economic development plan.
Commissioners, Jay County Council and city and town councils throughout the county approved a five-year plan for economic development income tax (EDIT) dollars put together by JCDC in 2020. It set priorities of using such funds for spec buildings, developing industrial land, acquiring land for industrial, residential and commercial use, investing in downtown, revolving loans for local businesses, blight eradication and as a match for grants like the Indiana Department of Transportation’s Community Crossings program.
JCDC executive director Travis Richards requested Monday commissioners reconsider their decision to rescind the plan, as well as their decision to table a $210,000 claim for JCDC’s annual budget.
Commissioner Chad Aker noted the county is now requiring applications for funding requests from non-governmental organizations, including requests for which funds have already been allocated. (Commissioners recently asked JCDC to fill out the funding application for its budget, an amount that was set and approved by Jay County Council last year.) He referenced the current discussion between local officials and JCDC, which is considering making changes to its bylaws that would assign permanent seats on the executive committee to several local government officials and also establish a code of conduct.
Commissioner Brian McGalliard also said state statute (Indiana Code 6-3.6-10-2) requires a contract between JCDC and the county. (According to the code, it says “a county, city, or town may use revenue allocated for economic development purposes” … for “contract payments to a nonprofit corporation whose primary corporate purpose is to assist government in planning and implementing economic development projects.”)
Richards pointed out the statute also says the dollars may be used in various other ways, including for “any lawful purpose.”
JCDC board member Barb Street asked why commissioners rescinded the five-year plan. McGalliard noted the state no longer requires communities to use such a plan, which seeks input from an advisory committee — it is made up of members from every Jay community — and requires council approval.
Council member Matt Minnich voiced his concern about the plan being rescinded. He referenced a previously budgeted $2,000 EDIT funding request from Jay County Historical Society, which was tabled by commissioners earlier in the meeting.
“In my opinion, all the money for EDIT is in the hands of three people, and EDIT advisory and council has been removed from that process,” he said.
McGalliard continuously referred to state law Monday. He referenced the county’s budget, about $21 million, saying dollars can be moved between line items in each fund within reason. By state statute, he said, the process is not illegal and that it happens regularly.
County auditor Emily Franks agreed but said it was typically for smaller-scale costs like office supplies or records.
Council member Cindy Bracy argued if JCDC’s funding needs to be adjusted, it should require approval from council. She added that commissioners should revise the plan instead of rescinding it completely.
“Why not go through the process to change it so that you have multiple voices?” she said. “(The plan) was taken through input from our taxpayers who said this is what we want to do. If you want to change it, follow the plan that was set out for it.”
McGalliard said surrounding counties operate without a five-year economic development plan. Bracy responded that commissioners could have waited until the plan expired to change the process.
Commissioner Rex Journay admitted he regrets rescinding the plan.
“Seventeen sets of eyes, 10 sets of eyes, are far better in looking at something than three sets of eyes,” he said.
McGalliard challenged JCDC, which has been in operation since 1985. He referenced state statistics, such as Jay County’s income per capita, income per household and number of residents with a college degree, all of which are ranked among the lowest across the state.
“I have not seen any plans brought forth that’s going to attack any of these issues,” he said.
“Why should I have faith that you’re going to change the fact that we are clear at the bottom of the state in every ranking?”
JCDC board member Josh Atkinson noted McGalliard as well as other council and community members are on the group’s board.
“Not in one meeting have I heard anybody in those groups come forward and say, ‘Hey guys, here’s my plan. Here’s how I would like to fix it,’” he said. “Maybe you guys have this plan that can right the wrongs and put this ship back on the right course. Share that plan with us. Let JCDC help assist that plan. We are here to assist in economic development, and we can come up with a solution that would work for everybody.”
McGalliard referenced his suggestion at previous meetings to invest in a comprehensive plan. (The last one for Jay County was conducted in 1991.)
JCDC board member Chad Towell said commissioners, specifically addressing McGalliard, have not voiced concerns about economic development spending at any JCDC board meetings.
McGalliard said attorneys, including JCDC’s lawyer, advised him not to discuss such issues in public with media in attendance.
“That’s why we requested to be on the executive committee, that way the newspaper’s not there, and any issues the commissioners, any other elected officials had, would be behind closed doors, wouldn’t have to be made public,” he said.
Towell noted a meeting could be called at any time. (Board member Bryan Alexander added JCDC invites the media and that it is not required to do so.)
McGalliard pushed for a contract with JCDC moving forward. Richards questioned the timing of his intent to set up a contract and again asked about his request to reconsider rescinding the plan and tabling his organization’s budget.
Journay made a motion to approve JCDC’s claim for at least half of the annual amount ($105,000), but it died for lack of a second.
Aker advocated for cooperating with JCDC moving forward.
“I want to resolve this. I don’t want to shut down JCDC. But I want us to work together,” he said. “We’re all in this for the betterment of Jay County, period. We just have a different way of looking at things.”
He asked Richards to submit the funding application.
Aker also requested a meeting for an “amicable” discussion before JCDC approves changes to its bylaws.
Also Monday, Richards presented the strategic investment plan created through the Hoosier Enduring Legacy Process, an Indiana Office of Community and Rural Affairs program intended to help communities decide how to allocate its American Rescue Plan Act funds. Purdue University recently returned the plan to JCDC for final revisions, and Richards gave copies of the plan to commissioners. The plan is due Friday.
Commissioners requested an extension, with Richards asking what has changed since they first received copies of the plan in November. Aker noted he would like to tack on a new public safety facility, specifically referencing a multi-faceted building for Jay Emergency Medical Service, Jay County Health Department and Jay County Coroner’s Office.
McGalliard questioned the portion about improving access to child care, pointing out the document lists The Portland Foundation’s plans to convert the former Judge Haynes elementary school into a daycare. Richards explained HELP required specifics for each project and that he used past examples to illustrate what the project could look like. Journay asked Richards to reword the document so it specifies The Portland Foundation project is an example.
In other business, commissioners:
•Heard from Bill Walters, executive director at East Central Indiana Regional Planning District. Walters highlighted grants and projects the group is working on, including looking into constructing new buildings for Jay County Solid Waste Management District, Jay County Highway Department and JEMS, Jay County Health Department and Jay County Coroner’s Office. The group also has two interns working in Jay County to determine what federal grant dollars to apply for.
•Accepted an agreement through Liberty Mutual insurance company to receive $55,867.54 for damage done to the county road 100 North by HIS Constructors during the runway extension project at Portland Municipal Airport. (That leaves commissioners to cover about $14,000 for the road work, which they said the county would likely spend in legal fees if it chose to file a lawsuit against the company.)
•Gave their support for Jay County Drug Prevention Coalition for a grant application through the Division of Mental Health and Addiction in hopes of building a sober living community.
•Agreed to move forward with creating a parking space for Jay County Sheriff’s Office along Court Street and establishing guidelines for sheriff’s deputies to bring Jay County Jail inmates through the east door at Jay County Courthouse.
•OK’d repairing a guard rail along county road 550 East between county roads 400 North and 500 North after a car accident Feb. 21. The repairs — Milestone Contractors will handle the work for $25,295.57 — should be reimbursed by the driver’s insurance.
•Accepted a three-year contract at $3,300 annually with Dossett Consulting of Indianapolis to help reimburse some costs associated with Title IV Section D of the Social Security Act.
•Approved a new lease with Five Brothers LLC for use of the Jay County Community Corrections office at 120 N. Commerce St., Portland. (The previous owners sold the building that the department has rented since 2008. Rent has not changed, although the lease now renews on a month-to-month basis.)
•Appointed Logan Slusher to the three-member board for the Frank Grisell ditch.
•Approved a 63-month contract with Leap Copier Printer of Muncie for Jay Emergency Medical Service printing needs for just over $151 a month.
•OK’d updating the courthouse security system at a cost of about $160 through Stylus Technologies.
•Paid a $174,442 quarterly claim to LifeStream Services as well as $1,671,849.44 in other claims.
•OK’d purchasing a mini bus for LifeStream Services.
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