Members of the Kosciusko County American Rescue Plan Act committee are, from left, County Councilwoman and Commissioner-elect Sue Ann Mitchell, Commissioner Cary Groninger and County Council President Mike Long, along with County Administrator Marsha McSherry. Photo by David Slone, Times-Union.

By David Slone
Times Union

KOSCIUSKO COUNTY — Two new grant applications were filed with the Kosciusko County American Rescue Plan Act Committee on Wednesday, Nov. 13, totaling more than $400,000.

Given that the county may not have many funds left — and that all ARPA dollars must be under contract by Dec. 31, 2024, and spent by Dec. 31, 2026 — some reshuffling of dollars in other funds may be needed if the county commissioners and county council agree with the committee’s recommendation.

Kosciusko County Highway Department Superintendent Steve Moriarty requested $128,467 for the resurfacing of CR 200S, where the bridge project ends just east of SR 15 (city limits of Warsaw). The funds would also allow the crossing markings to be repainted. KCHD replaced the bridge this year. The county section of this road has not been paved in some time, while the city paved its section of CR 200S several years ago.

Mike Wyrick of the Webster Lake Conservation Association Inc. requested $336,000 for the conservation district project, although he told the committee he would be happy with whatever they could donate to the project.

The Webster Lake Dam and associated lands were acquired and the levees rebuilt by landowners in the 1950s. They formed the WLCA for this purchase.

The dam area was sold to developers, who sold it for construction 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 signed an agreement with the WLCA stating that the DNR was responsible for rebuilding or repairing the outlet control structure (the dam). WLCA owns the dam’s metal control structures and, according to the 1996 agreement, was solely responsible for maintaining the lake’s water level under the supervision of the DNR.

In 2011, the DNR caused the dam to be repaired but overlooked one or more previously known deficiencies, as noted in technical inspections performed by DNR engineers before and after the 2009 and 2017 renovations, Wyrick’s information shows.

After the technical inspection conducted by the DNR in 2017, the DNR changed the designation of the dam from “significant risk” to “high risk.” The dam was rated “conditionally poor” by the DNR during inspections in 2009 and 2017.

The MNR informed the WLCA that it was responsible for making repairs throughout the land dam area. The WLCA disagreed and both parties went to the Circuit Court and Court of Appeals over the agreement.

On May 6, 2021, during the appeal trial, the DNR terminated the 1996 agreement.

The WLCA asked the DNR to make the necessary renovations, but the DNR refused. Both parties found themselves back in court.

In 2024, the WLCA agreed to undertake an effort to create a tax-funded conservation district to assume responsibility for current and future reconstruction and repairs of the dam other than those considered to be the responsibility of the DNR by court.

An engineering firm has been retained to work with WLCA. A quote for the engineering work alone is $62,200, and WLCA has already paid $68,000 for it. There are $15,000 in attorney fees; an additional $30,000 in expert witness fees; An additional $30,000 to $50,000 for a high-end dam inspection. Wyrick said much of that is already covered because the WLCA has its own money, which has been spent.

But before the conservation district is created, Wyrick said they need hydrologic and geotechnical studies to complete. The hydrological study is estimated at $186,000, while the geotechnical investigation is $100,000.

“Those are the things I look for,” he said. “I know your funds are being spent, I know you’re trying to figure out what to do and I know the number I put on my application probably said ‘we won’t do this.’ I’m just looking for anything I can find. I collect money wherever I can get it to try to raise what I need. Anything you can do would be appreciated.

Commissioner and Committee Chairman Cary Groninger emphasized that ARPA funds must be spent by the end of 2026, but must be allocated and contracted by the end of this year. If the county gave the WLCA funds, Groninger asked Wyrick if he would be able to put them under contract by the end of the year.

Wyrick said Wednesday he has $123,500 under contract. With a phone call to engineers, he could have $286,000 more under contract.

Groninger also emphasized that the committee is only a recommendation body to the county board and commissioners.

There was also discussion about using Economic Development Income Tax or Rainy Day Funds to donate to the WLCA, or using EDIT Funds and Rainy Day Funds rain to pay for the justice building parking lot work instead of ARPA money and donate ARPA funds to the WLCA.

After the discussion with Wyrick, the committee discussed what to do with both requests. Council President Mike Long said he was “comfortable” with the CR 200S request. Councilwoman Sue Ann Mitchell said the county needs to try to move forward and there are a few options.

“At this point, we really don’t know what our remaining funds are, even though we think we do,” Mitchell said.

Long said if they move forward with the two projects presented Wednesday, parking would be a compromise. Parking could be paid for on EDIT as it was budgeted for this year anyway.

Mitchell ultimately made a motion to approve $128,467 for the road project and $186,000 for the WLCA. Commissioners and council will vote on the recommendation at an upcoming meeting.

The next ARPA committee meeting will be held on December 18 at 1 p.m.