Boone County Commissioners approve road project but give property owners more time to negotiate

Maria Flora, The Lebanon Reporter, Ind.
·4 min read

Sep. 6—All of Witt Road north of the Eli Lilly complex will be rebuilt to withstand expected construction traffic.

But 3,700 feet of the road — in the middle of the project — will remain noticeably narrower than the rest of the road.

County officials believe the change in widths will threaten safety but felt that leaving that section unimproved could be even more hazardous and costlier to county taxpayers.

Pure Development is improving Witt Road and others surrounding the Lilly site at the expense of the Indiana Department of Economic Development. Lilly is the anchor tenant for the LEAP Lebanon Innovation District under the development of the IEDC.

The state lacks the right of way through two properties in that 3,700 feet. Jack and Linda Fahrenbach and Ryan Burnell and Danielle Morrison have refused to sell their rights of way to date. They each submitted their own proposals to the state, but negotiations have stalled, attorney Michael Andreoli told commissioners Tuesday.

Andreoli said the state is not operating in good faith and implored commissioners to insist on the state opening its pocketbook to obtain right of way before approving any work on that portion of the road.

Doing so would result in the county getting the entire road widened and operating more safely, he said. Failing to do so would incentivize the state to walk away from negotiations as a standard practice.

Boone County Highway Director Nick Parr suggested last month that commissioners could permit the state to rebuild the 3,700 feet without increased right of way if they did not widen the road there. That would let the Boone County taxpayers off the hook for repairing the road bed the construction traffic is sure to destroy.

Michael Watts with Pure Development asked commissioners to clarify what portions of the road may be improved, what they may not improve, and what may and may not be widened. Pure is rebuilding the roads for the IEDC.

It's late in the paving season, and Pure first sought permits for the work on Witt Road in June, in order to start work by July and be done before cold weather shuts down the asphalt plants for the year.

Commissioners instead approved bits of the project, such as a bridge and turn lanes, piecemeal since then, but held out on the 3,700 feet.

Witt Road from Ind. 47 to the Lilly site is key to getting construction loads from Interstate 65 to the site quickly and without tearing up Ind. 39 and other county roads.

Commissioners President Don Lawson on Tuesday proposed not allowing any work in the 3,700 feet until all right of way is gained. The other two commissioners did not support him.

Commissioner Tim Beyer proposed allowing the 3,700 feet to be widened with the exception of 1,000 feet each in front of the two properties for which right of way has not been secured.

But that would make a road that narrowed, then widened, then narrowed, and widened again. And several people said that would be less safe than not widening any of that portion of road.

Beyer added that the Fahrenbach and the Burnell-Morrison families could continue negotiating with the state and the road in front of their properties could be added to the project if they reach an agreement in time. His motion did not pass.

Commissioner Jeff Wolfe proposed that the entire road be rebuilt from the bed up and resurfaced. Leaving the road unimproved would pose a significant safety hazard when the pavement breaks up, Wolfe said. Only 3,700 feet of the road will not be widened, and it will be in one, continuous length.

As in Beyer's motion, the two property owners holding out may still negotiate with the state over right of way as long as that's feasible. Wolfe and Beyer voted for the motion, while Lawson voted against it.

Danielle Morrison asked commissioners to not believe the IEDC would negotiate right of way in good faith now, when it hasn't kept its word to do so since first promising to in July. She said the state has kept none of its promises.

Work on Witt Road north of Lilly could begin this month.

In other business, commissioners:

* Approved work in the right of way at Witt Road and County Road 300 North while temporary traffic signals are installed, as early as month's end;

* Learned that CSX Railroad will begin closing crossings for repair sometime this month. The railroad has agreed to stagger the closures so as not to block access to important routes and Witham Hospital;

* Approved a memorandum of understanding with the City of Lebanon concerning the county-owned property that houses the Boone County Jail and 4-H Fairgrounds. The county will maintain planning, design and permitting authority over the land as long as the county owns it. The county is subject to the city's road impact and utilities fees but may appeal. If the land sells to a private entity, the city will assume planning and permitting rights; and

* Learned that bridge 148 on C.R. 600 W. south of C.R. 200 S. came in $10,000 under budget at $935,000.