County Council shows intent to withdraw from Mid-States Corridor Regional Development Authority

Though the ordinance will have to be approved at a separate meeting, the Dubois County Council voted six to one to begin the process of withdrawing from the Mid-States Corridor Regional Development Authority at Monday’s meeting.

The council passed the first reading of an ordinance authorizing the county’s withdrawal from the RDA. The decision comes after the Indiana Attorney General’s office issued an opinion regarding the ambiguity of the law regarding an entity’s withdrawal from an RDA.

According to County Attorney Greg Schnarr, the Attorney General opined that the withdrawal notice must be issued between 12 and 18 months before the official withdrawal.

Before making the decision, Council President Mike Kluesner explained that the council had three options regarding the RDA: pass an ordinance to withdraw, pass an ordinance to remain a member, or do nothing.

The RDA was formed in 2017 with Dubois County joining Spencer County, the City of Huntingburg and the City of Jasper to fund a $7 million Tier 1 study examining potential transportation improvements through Dubois County.

Kluesner explained that only three current members – himself, Doug Uebelhor and Sonia Haas – remain from the original council that approved joining the RDA. He says his understanding at the time was that the county would fund the initial study, but not be obligated for future phases.

Before asking for a motion, Kluesner opened the floor for council members to speak.

“What we joined for has run its course,” said Uebelhor, referencing the original purpose of funding the Tier 1 study.

He added that he is also listening to constituents who have supported the county’s withdrawal from the RDA.

Haas stated that the project’s scope has expanded beyond original expectations. She stated that the scope of the study and the resulting proposal did not align with what was originally supported in the 2017 decision.

Councilwoman Meredith Voegerl said it seemed like the purpose for the RDA had been fulfilled, and she supported the withdrawal, saying she feels comfortable with the county handling road decisions independently. “I really feel like we’re poised to handle that as a council,” she said.

She emphasized that the decision is a business choice about maintaining local control, not an opinion on whether the proposed corridor will be built. “I think it’s an independent decision of whether or not I feel this road is coming through or no,” Voegerl added.

Councilman Alex Hohl said he supported withdrawing and that he had misgivings about the comingling of public and private funds in a government project, as has been proposed for the next stages of the Mid-States Corridor.

However, Councilwoman Deena Lewis expressed reservations about the withdrawal, citing the complexity of the RDA’s legal framework and potential broader applications. She noted that the original ordinance establishing the RDA included language about acting in the best interest of Dubois County, “promoting the acquisition, construction, equipment, owning, leasing and financing of projects” beyond just the transportation study.

She said that since they haven’t requested more from the Mid-States Corridor RDA, that doesn’t mean it has completed its objective for existing.

“I still have questions … over the broader ramifications of what the RDA can do for our county,” Lewis said.

She acknowledged the opposition’s point but said she couldn’t make a decision on withdrawing from the RDA at this time. Especially in light of the Attorney General’s office’s opinion regarding the timeframe for the withdrawal.

Councilman Michael Stallman stated that, in his understanding, the Mid-States Corridor RDA had accomplished its objective. “If the road is going to be built, we need to be proactive as a council and county,” he explained. “We need to be our voice.”

Lewis was the lone dissenting vote in the decision supporting the withdrawal from the Mid-States Corridor RDA. This means the ordinance will be considered for a second reading and consideration at a subsequent meeting, whether at the regular April meeting or in a special meeting before then. Once passed, the ordinance sets a 12-month timer for continued membership.

After the vote, Brad Hochgesang, a Jasper resident and founder of Mid-States Update, requested that the council consider an ordinance he had presented that would make the withdrawal decision effective immediately. He stated that, though the Attorney General had provided an opinion on the law, he disagreed and felt that they could withdraw effective immediately.

He added that it appeared the other members of the RDA would not be able to withdraw before the county, so they would be holding them back from making a decision on their own.

Schnarr stated it wouldn’t be appropriate for the council to consider an ordinance that contradicted the ordinance it had just considered. In response, Hochgesang asked them to make that ordinance effective upon passage by removing the 12-month stipulation. He added that the RDA had already been in existence for more than eight years or was approaching its end-of-life date within the 12-month window.

“The state statute … says they have to provide notice before the end of the minimum eight-year period,” Hochgesang told the council. “We’re past that minimum. We’re in uncharted territory here.”

However, the council disagreed on when the RDA was officially established and, based on the attorney general’s opinion, did not consider Hochgesang’s requests.

Mid-States Corridor RDA member Sue Ellspermann also spoke after the vote. She explained the roadway has been considered through several administrations as far back as the 1950s. She added that less than a month after being elected as a State Representative in 2010, she and Mark Messmer were told by INDOT that the Huntingburg/Jasper bypass planned at the time was no longer funded.

She explained that the county has had to continue to fight for the state to support initiatives here to meet the demand of its economy and quality of life.

Ellspermann explained that at the recent Spencer County Council meeting, in which they affirmed continued membership in the Mid-States Corridor RDA by a six-to-one vote, two council members who were directly affected by the improved U.S. 231 through Spencer County spoke out about how they had changed their opinions about that road.

“Two of the counselors shared that they had been directly impacted by the four-lane road, one having his home taken and the other having the road go through their property,” Ellspermann said. “Both said that while they may not have supported it then, today they both support and believe the road has been good for Spencer County. You can watch this on YouTube.”

She affirmed that the RDA is there to serve the county and other governing members and added that they believed the RDA’s maximum time should coincide with the end of the Tier 2 study. Ellspermann also said that time was extended by COVID-19-related delays.

“If there are additional expectations you have of us, please let us know. We remain committed to ensuring the Mid-States Corridor planning remains on track and provides the high-quality road that residents, industry and those who travel through our beautiful county can enjoy for the next 50 years,” she said.

Kluesner noted that the 30-day period between readings provides an opportunity for further discussion and potential changes before final adoption.