RDC seeks second study

With the current phase one environmental study for the prospective jail site located along State Road 46 behind Walmart and the Owen County Family YMCA in Spencer set to expire on Feb. 16, new Owen County Attorney Tony Overholt recommended that the county's Redevelopment Commission (RDC) pursue a second phase one environmental study.

Doing so resets the clock for another 180 days.

The RDC met on Jan. 29.

Overholt has, upon a vote by the Owen County Board of Commissioners, replaced former county attorney Dana Kerr. Overholt is from the firm Frost Brown Todd Attorneys and also serves as the attorney for the Owen County Council.

"Under the current phase one report that you got from your environmental consultant, that report will expire 180 days from Aug. 10. That means the report will expire as of Feb. 16, if the property is not closed on by the county by then, the report, as I said, would expire," Overholt said in the meeting.

He said that if the county chose to move forward with an expired report, that decision could expose the county to "additional environmental liability." That liability would not be there if there is a non-expired environmental report on the prospective jail site.

"It would be my suggestion that given the time limitations and given some issues with the engagement letter from your existing consultant that you consider doing a second phase one analysis of the property," Overholt said.

"Now I know that would add a little bit to the cost. I think your phase one that you currently have cost about $2,300, so you'd be looking at a similar cost again, but when you consider the cost of this project and the potential liability exposure to the county and its potential risk, it's my view that it would be worth having a second look."

County commissioner and RDC member Gary Burton asked if they should have the same firm do a second study.

"I would suggest you look at some other firms," Overholt said, adding that this advice was at the suggestion of an environmental attorney at his firm.

Burton moved to allow RDC President Craig Coffman to, with the help of Overholt, pursue a second phase one environmental study up to a cost of $3,000. The motion was seconded by RDC member Hunter Stogsdill, and it passed unanimously.

A citizen also raised some concerns with the previous environmental report. The report in its entirety will be linked on The Owen News website, theowennews.org in this story online.

Burton then asked if the RDC still felt that this site was the best location that they had come up with.

Coffman said, yes, but that he wanted to ensure that they "move forward in the right way."

"I think we've done our due diligence as far as this committee is concerned to ensure that this location is suitable for this new jail site," Stogsdill said.

He added that he thinks that most of the concerns that he had ended up amounting to nothing or were minor and could be incurred at any other potential site.

The RDC also discussed following up on the outstanding Unified Development Ordinance (UDO) claim, sewer expansion toward McCormick's Creek Elementary School and creating a residential TIFF.