Commissioners table NDA ban; council adopts 2027 budget

The Owen County Board of Commissioners voted to approve a $75,000 economic development contract for 2027 but postponed action on a proposed ordinance prohibiting county officials from signing nondisclosure agreements (NDAs) during its Oct. 22 meeting.

The decisions prompted extensive discussion about government transparency, the public's right to know about proposed developments and the county's need to attract investment and expand its tax base.

Commissioners David Risk and Norm Warner attended the meeting; commissioner Sam Hobbs was absent. The board ultimately agreed to delay consideration of the NDA ordinance until all three commissioners could participate.

Economic development contract approved

Marce Johnson, representing the Owen County Economic Development Corporation (EDC), presented a proposed 2027 contract requesting $75,000, the same amount provided in each of the previous two years. She said the organization submits quarterly reports to the commissioners and holds monthly economic development committee meetings, with commissioner Risk serving as the county liaison.

The commissioners approved the contract before opening the floor to public comments, drawing objections from several residents who wanted restrictions on NDAs included in the agreement.

Residents questioned whether public funds provided to the Economic Development Corporation (EDC) are sufficiently separated from Chamber of Commerce activities and whether the organization provides adequate public reporting.

In response, Johnson explained that the chamber and economic development operations have separate oversight groups, including a 12-member chamber board and a 21-member economic development committee. She said a certified public accountant prepares financial reports quarterly and that those reports are available for review.

One resident disputed the characterization of the organizations as separate entities, asserting that they operate under a common corporate registration. The commissioners did not resolve that disagreement during the meeting.

Another resident, Jeff Marks, urged the commissioners to require the EDC and Owen County Plan Commission to meet publicly at least twice annually to coordinate economic development and land-use planning.

"The plan commission works off of one set of notes. The EDC works off of another set of notes," he said. "That's not planning. That's not economic development. That's chaos."

The commissioners supported pursuing a contract amendment requiring semiannual meetings between the two groups. Johnson agreed to take the proposal to the EDC committee in November. The original contract approval remained in place.

Residents call for prohibition on NDAs

Mike Broach presented a proposed ordinance prohibiting county elected officials from signing NDAs involving county business or major development projects.

Broach, who said he moved to Owen County from Boone County because of concerns about a proposed data center project known as Project Domino, argued that confidentiality agreements can prevent residents from learning about developments until decisions are effectively made.

He emphasized that the proposed prohibition should extend beyond elected officials to organizations receiving county funding, including the EDC.

"Any entity that we're funding needs to have an NDA clause in their contract," Broach said.

Broach acknowledged that he did not have an example of another county government that had adopted a similar prohibition, but said the commissioners could establish a precedent.

The discussion highlighted competing concerns about transparency and economic development.

One commissioner questioned whether a blanket prohibition could discourage investors who want their identities or business plans kept confidential during preliminary discussions. He presented a hypothetical situation in which an investor would refuse to bring a major project to Owen County without an NDA.

Broach responded that he would rather lose that investment than allow public officials to enter agreements preventing them from discussing projects affecting residents.

The commissioner said he regularly hears from residents who want additional development and tax revenue, even though those viewpoints may not be represented among the people attending meetings.

"We have got to build Owen County's tax base because if we don't, you're not going to get your roads fixed," he said.

Broach maintained that economic development should not require secrecy and that public officials have an obligation to remain accountable to residents.

Fiber expansion cited as example of useful confidentiality

At the commissioners' request, Johnson described how confidentiality agreements helped competing telecommunications providers collaborate on expanding broadband service in Owen County.

She said that in 2020, only approximately 33% of the county had fiber coverage. Economic development representatives brought together Smithville, South Central Indiana (SCI) REMC and Endeavor, three competing providers, to share maps identifying existing service areas and gaps.

According to Johnson, confidentiality protections allowed the companies to share proprietary information without concern that competitors would use it against them.

She credited that collaboration with helping increase county fiber coverage to 99.58%.

"To me, that is an example of when a confidentiality agreement can be useful," she said.

Broach challenged whether that example justified allowing government officials or taxpayer-funded organizations to sign NDAs. He argued that private companies could protect their proprietary information through agreements among themselves without restricting public officials' ability to communicate with constituents.

The exchange also raised questions about whether an NDA prohibition should distinguish between protecting legitimate trade secrets and concealing the existence or details of proposed developments.

Other residents supported Broach's proposal, arguing that restrictions should cover elected officials, county employees and organizations receiving public money. One resident said the concern extended beyond the current commissioners to future officeholders who might make different decisions. Another said the central issue was public trust, particularly following controversies involving development proposals in neighboring communities.

A commissioner responded that the county should not be held responsible for an NDA reportedly signed by the Town of Spencer, noting that town government is a separate entity. He said he had not signed an NDA and did not recall the county commissioners entering one. He also pointed to the commissioners' rejection of a proposed unified development ordinance and their action on a data center moratorium as examples of following through on commitments to residents.

The discussion grew tense at times, with commissioners defending their records and residents continuing to press for written restrictions rather than verbal assurances.

Ultimately, the board took no action on the proposed NDA ordinance. With one commissioner absent, the commissioners agreed to table the matter until all three could participate. The proposed ban therefore remains under consideration, while the 2027 economic development contract has been approved without the NDA restriction residents requested.

Commissioners address bridge emergencies and replacement projects

In other business, the commissioners declared Bridge 135, located off Precinct Road, an emergency after a large vehicle or piece of equipment struck the structure and a state inspector ordered it closed. Owen County Highway Department Deputy Superintendent Chad Walker explained that the closure left one residence without normal road access. A neighboring property owner permitted a temporary crossing, but officials warned that heavy rain could make that route unusable for residents and emergency vehicles. Repair estimates are expected to be under $50,000, although formal quotes have not yet been obtained. The emergency declaration is intended to allow the county to move more quickly on repairs. Officials said a repair could potentially extend the bridge’s useful life while avoiding the much longer timeline for full replacement.

The commissioners approved a $276,130 bid from CLR for the replacement of Bridge 104 on Hubble Station Road. The project will replace a one-lane bridge with a two-lane structure, complementing planned road improvements.

A proposed replacement of Bridge 162 on Thompson Rd. near Porter Ridge Rd. was postponed because of budget concerns and the unexpected expense of Bridge 135. Commissioners indicated they could revisit the project early next year.

The highway department also reported that paving work under the 2026 Community Crossings Matching Grant (CCMG) program was nearing completion.

Other county business

The commissioners directed the county attorney to revise documents establishing a building corporation associated with the county jail. Following concerns that the proposed language was too broad, the board voted to remove Section 7 and make the corporation’s purpose more specifically related to the jail. Revised documents will return for consideration.

The commissioners also voted to establish an ordinance directing armory rental revenue into the Future Building Fund and allowing that money to be used for county-owned buildings. A resident questioned whether earlier records might impose restrictions on the fund’s use. Commissioners agreed to review any documentation before the ordinance is finalized.

Jennifer Abrell, College and Career Readiness Specialist for Indiana 4-H, asked the county to consider allowing employees one paid hour per week to mentor students at Owen Valley Middle School. The program currently serves about 12 to 15 students and seeks five or six additional mentors. Commissioners expressed interest but requested information about the cost to taxpayers before making a decision.

Commissioners also reported progress toward hiring a new planning and building administrator, as the vacancy has delayed several pending development matters. A candidate has accepted the position, pending completion of remaining employment requirements.

During later public comments, residents again questioned economic development spending and urged closer coordination between the EDC and Plan Commission. Commissioners acknowledged the county’s financial and infrastructure challenges while emphasizing the need to encourage investment and improve long-term planning.

Owen County Council Budget Hearing

After weeks of work and public hearings, on Oct. 29, the Owen County Council voted to approve the 2027 budget. Council president Polly Chesser began the meeting by reiterating her strong opposition to government employees signing nondisclosure agreements and urged the commissioners to pass the ordinance banning NDAs.