Two new grant requests were made to the Kosciusko County American Rescue Plan Act (ARPA) Committee on Wednesday totaling over $400,000.
Since the county may not have that much funding left - and all ARPA dollars have to be under contract by Dec. 31, 2024, and spent by Dec. 31, 2026 - some shuffling of dollars in other funds may be necessary if the county commissioners and county council agree with the committee’s recommendation.
Kosciusko County Highway Department Superintendent Steve Moriarty requested $128,467 for resurfacing of CR 200S, from where the bridge project ends to just east of Ind. 15 (Warsaw’s city limits). The funds would also help repaint the railroad crossing markings. The KCHD replaced the bridge this year. The county’s section of that road hasn’t been paved in a while, while the city paved their section of CR 200S several years ago.
Mike Wyrick, Webster Lake Conservation Association Inc., requested $336,000 for the conservancy district project, though he told the committee he would be glad with whatever they could give to the project.
The Webster Lake dam and associated land was acquired and the dikes reconstructed by property owners in the 1950s. They formed the Webster Lake Conservation Association (WLCA) for that purchase.
The dam area was sold to developers, who sold it for building sites in the 1960s, according to information provided by Wyrick. The money from the sale was used to pay for repairs to the dam. No zoning rules existed in the county until the 1970s and private homes were built on the lots in the 1960s.
In 1996, the Indiana Department of Natural Resources executed an agreement with WLCA stating that the DNR was responsible for reconstruction or repair of the outlet control structure (the dam). WLCA owns the metal control structures of the dam and - according to the 1996 agreement - was responsible solely for maintaining the lake water level under the DNR’s supervision.
In 2011, the DNR caused the dam to be repaired, but omitted one or more previously known deficiencies as noted in engineering inspections completed by DNR engineers both before and after the 2009 and 2017 renovations, Wyrick’s information states.
After the engineering inspection by the DNR in 2017, the DNR changed the designation of the dam from “significant hazard” to “high hazard.” The dam was rated as “conditionally poor” by the DNR in the 2009 and 2017 inspections.
The DNR advised WLCA that it was responsible for making repairs to the entire land dam area. WLCA disagreed and the two sides went to Circuit Court and Appellate Court over the agreement. On May 6, 2021, during the appellate litigation, the DNR terminated the 1996 agreement.
WLCA demanded the DNR perform the needed renovations, but the DNR declined. The two sides ended up back in court.
In 2024, WLCA agreed to undertake an effort to establish a tax-funded conservancy district to assume the responsibility for current and future reconstruction and repairs to the dam other than those that are held to be the responsibility of the DNR by the court.
An engineering company was secured to work with WLCA. A quote for the engineering work alone is $62,200, and WLCA has already paid $68,000 on that. There’s $15,000 in attorney fees; another $30,000 in expert witness fees; another $30,000 to $50,000 for upscale dam inspection. Wyrick said a lot of that is covered already because WLCA has its own money, which has been spent down.
But prior to the establishment of the conservancy district, Wyrick said they are in need of hydrologic and geotechnical studies to finish. The hydrologic study is estimated at $186,000, while the geotechnical investigation is $100,000.
“Those are the things I’m looking for,” he said. “I know your funds are spent, I know you’re trying to figure out what to do and I know that the number I put on my application probably said ‘no way are we going to do that.’ I’m just looking for whatever I can find. I’m collecting money from anywhere I can get it in order to try to amass what I need. Whatever you can do would be appreciated.”
Commissioner and Committee Chair Cary Groninger pointed out the ARPA funds have to be spent by the end of 2026, but have to be allocated and contracted by the end of this year. If the county gave WLCA some funds, Groninger asked Wyrick if he would be able to have them under contract by year’s end.
Wyrick said as of Wednesday, he has $123,500 under contract. With a phone call to the engineers, he could have $286,000 more under contract.
Groninger also pointed out the committee was just a recommending body to the county council and commissioners.
There also was some discussion on using Economic Development Income Tax (EDIT) or Rainy Day Funds to give to the WLCA, or to use EDIT and Rainy Day Funds to pay for the Justice Building parking lot work instead of ARPA money and give the ARPA funds to WLCA.
After the discussion with Wyrick, the committee discussed what to do with the two requests. Council President Mike Long said he was a “shoe-in” for the CR 200S request. Councilwoman Sue Ann Mitchell said the county needed to try to move both forward and there were some options.
“At this point, we really don’t know what our remaining funds are, though we think we do,” Mitchell said.
Long said if they push the two projects presented Wednesday forward, the parking lot would be a trade-off. The parking lot could be paid out of EDIT as it was budgeted for this year anyway.
Mitchell eventually made a motion to approve $128,467 for the highway project, and $186,000 for the WLCA. The commissioners and council will vote on the recommendation at an upcoming meeting.
The ARPA committee’s next meeting is at 1 p.m. Dec. 18.