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Council questions commissioners' BOT highway land swap; attorney says transfer did not require council approval
Summary
Councilmembers raised statutory concerns about a land exchange tied to the BOT highway project, citing Indiana Code language and disputed change orders; county attorney said the swap was structured as a transfer and did not require fiscal-body approval, and a subcommittee will meet with commissioners.
Councilmembers pressed for clarity on a land exchange tied to the B.O.T. highway project, with Councilmember Karen Wischmeier citing state law and asking why the transaction was not brought before the fiscal body.
Wischmeier said the draft minutes should have reflected her citation of Indiana Code 36-2-3.5-5 and her view that "the land swap should have been brought to the council for approval." County Attorney Alyssa Cochran responded that the way the agreement was structured treated the transaction as a transfer rather than a sale and that transfers under Indiana Code 36-1-11-30 do not require approval by the county fiscal body. Cochran also said she has not yet reviewed all of the underlying agreements.
Councilmember Andrew Davisson noted there was disagreement about whether a change order for six aggregate bins had occurred; the commissioners' attorney reportedly said no change orders had been issued. Council President Brad Gilbert told the council that he, Davisson and Mark Abbott will meet with the commissioners to discuss the project and asked members to submit any specific questions to Attorney Cochran.
Next steps: the council scheduled a follow-up meeting between three councilmembers and the commissioners to review the project paperwork and outstanding questions. The council did not take a formal vote on the land-swap question at this meeting.
