TUESDAY, JANUARY 3, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:00AM, Tuesday, January 3, 2006, for a regular meeting with Kevin Overmyer, President and John Zentz, member present. Vice President Tom Chamberlin was not in attendance. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
PUBLIC HEARING COMMUNITY RESOURCE CENTER GRANT APPLICATION
Terese Bath, Area 5 Grant Writer, led the public hearing regarding the Community Block Grant application for the proposed Community Resource Center. The minutes of the hearing will be forthcoming from Area 5 in transcript form and can be viewed as an attachment to these minutes in the official minutes book in the Auditor’s office.
The regular Commissioner meeting began with the Pledge of Allegiance.
BURDEN WESLEY EMERGENCY FUNDS PROCUREMENT PROCESS
Wesley Burden, Director of the Marshall County Health Department, appeared before the Board to discuss emergency funding in the event of a flu pandemic or other disaster that would be reimbursed by the federal government through the state government.
Auditor Quivey suggested that a joint Commissioner/Council Ordinance be drafted, allowing for an emergency appropriation and expenditure of funds to meet emergency needs. Attorney Clevenger will draft an Ordinance to be submitted to the Council on January 9, 2006 and to the Commissioners on January 17, 2006.
ATTORNEY REPORT
Attorney Clevenger presented the following to the Board:
Jail Project:
Attorney Clevenger advised that he has not received an order from the Department of Local Government approving the jail project. He does have a meeting scheduled for Wednesday with the City Attorney regarding annexation. Attorney Clevenger has advised the Holding Corporation Directors of the status but still needs to officially amend the membership to include Carol Brown.
Pine Road:
No update.
South Michigan Bridge Project:
A meeting is scheduled for January 19, 2006 with the City of Plymouth.
Farm Lease:
Robin Roberts has not returned a signed contract to lease farmland from the county. Attorney Clevenger will contact him again.
Shambaugh Alarm Contract:
Attorney Clevenger has reviewed and made some language changes to the Shambaugh Alarm Contract. He struck from the contact the clauses regarding paying interest and arbitration.
John Zentz moved and Kevin Overmyer seconded the motion to approve the Shambuagh Alarm Contract with the revisions made by Attorney Clevenger. Motion carried 2-0.
Watson/Union Lawsuit:
The Watson/Union Lawsuit against the Highway Department for alleged Public Works Violation is set for hearing this afternoon in Marshall Circuit Court on the County’s Motion to Dismiss. Attorney Clevenger did receive Discovery from the Plaintiff which will need a response by the end of January 2006 unless the judge grants the County’s Motion to Dismiss.
Commissioner Overmyer mentioned that Senator Vic Heinhold is introducing a bill to allow counties with their own highway department to do their own road projects.
Letter from Christopher Andrews:
A letter from Christopher Andrews indicates that IDEM says there are no environmental implications regarding the Museum Project.
Booking/housing Fee for Inmates:
Attorney Clevenger advised the Board of some potential problems and concerns with regard to booking/housing fee charged to inmates, i.e. the means of determining indigence will have to be determined. He will do some further investigating before drafting a final ordinance for Marshall County. Tech Square Initiative:
Attorney Clevenger presented a Resolution for approval of the Marshall County Commissioners authorizing the Submittal of the CFF Application to the Indiana Office of Rural Affairs and Addressing Related Matters in the amount of $500,000.00.
John Zentz moved and Kevin Overmyer seconded the motion to approve the Resolution concerning the Community Resource Center Grant and the Tech 2 Initiative. Motion carried 2-0.
Approval has to be received from IDEM and DNR. The IDEM letter has been received and it states that all environmental regulation must be followed.
John Zentz moved and Kevin Overmyer seconded the motion to sign the environmental document for IDEM for the Community Resource Center with the understanding that John Zentz will sign the document since it was drafted in 2005 when he was President of the Board of Commissioners. Motion carried 2-0.
Also presented was a letter to be mailed to John Smith of Department of Natural Resources stating that the Farm Bureau property has no historic value.
John Zentz moved and Kevin Overmyer seconded the motion to approve the letter to the DNR and have John Zentz sign it because he was the President of the Board of Commissioners when this project began. Motion carried 2-0.
Marshall County Neighborhood Council will initiate the grant application on behalf of the County. Attorney Clevenger prepared an agreement between Marshall County and the Neighborhood Council stating that Marshall County supports the project but will be indemnified from any financial responsibility.
Ron Liechty said an agreement has been approved between Tech 2 and the Marshall County Neighborhood Council assuring financial responsibility for the project and the County is indemnified. Commissioner Overmyer requested a copy of the minutes from the Neighborhood Council Meeting that approved this agreement.
John Zentz moved and Kevin Overmyer seconded the motion to approve the resolution between the Marshall County Neighborhood Council and the Marshall County Commissioners with the understanding that a copy of the above-mentioned minutes from the Neighborhood Council, indemnifying Marshall County, be presented to the Marshall County Commissioners. Motion carried 2-0.
AUDITOR’S REPORT
Auditor Jan Quivey presented the following for approval and signatures:
Minutes:
The December 30, 2005 Commissioner Meeting Minutes were presented for approval and signatures.
John Zentz moved and Kevin Overmyer seconded the motion to approve the December 30, 2005 Commissioner Meeting Minutes as presented. Motion carried 2- 0.
Claims:
The January were submitted for approval and signatures.
John Zentz moved and Kevin Overmyer seconded the motion to approve the January claims as presented. Motion carried 2-0.
APPOINTMENT ABC BOARD
Reappointment to the ABC Board:
Commissioner Overmyer nominated Kate May to be reappointed to the ABC Board for 2006.
John Zentz moved and Kevin Overmyer seconded the motion to reappoint Kate May to the ABC Board for 2006. Motion carried 2-0.
MARY JANE WALSWORTH URINALYSIS SUPPLIES – PROBATION USER FEE
Commissioner Zentz stated that over $11,000.00 was spent from the Probation Budget in 2005 for urinalysis supplies. He feels these costs could be paid from the Probation User Fee Fund. Mary Jane stated that $7,000.00 was paid from the General Fund and $4,000.00 was from the Drug Free Grant money. She also advised that the Probation Department charges a “urinalysis fee” which generates money for the General Fund. About forty-five percent (45%) of the costs of urinalysis is collected by probationers and the grant money. Mary Jane said she is not authorized to spend Probation User Fees, the Judges control that fund.
HIGHWAY DEPARTMENT
Neal Haeck, Highway Superintendent appeared before the Board and presented the following:
Road Cuts:
NIPSCO: Road cut on 11th Road between Timberlane Drive and Shadylane Drive to install a gas main.
John Zentz moved and Kevin Overmyer seconded the motion to approve the road cut by NIPSCO as presented. Motion carried 2-0.
BRIDGE INSPECTION AND CONSTRUCTION BID OPENINGS
Bridge Inspections, Phase One:
The following firms submitted RFQ’s for Underwater Bridge Inspections:
Floyd E. Burroughs & Associates, Noblesville, IN Strang & Associates, Plymouth, IN Frost Engineering & Construction, Granger, IN USI Consulting, Indianapolis, IN DLZ, South Bend, IN American Consulting Engineers, Indianapolis, IN United Consulting Engineers, Indianapolis, IN
Bridge # 89 Construction:
The following firms submitted RFQ’s for Bridge # 89, 13th Road River Bridge.
Ken Herceg & Associates American Consulting Engineers, Indianapolis, IN USI Consulting, Indianapolis, IN Troyer Group Bernard & Lochmueller, Indianapolis, IN Frost Engineering & Construction, Granger, IN Strang & Associates, Plymouth, IN DLZ, South Bend, IN United Consulting Engineers, Indianapolis, IN
Neal Haeck recommended that all the RFQ’s submitted be taken under advisement.
John Zentz moved and Kevin Overmyer seconded the motion to take all the RFQ’s under advisement and have the Highway Department review them and make a recommendation to the Board. Motion carried 2-0.
Neal advised that there is up to $1,054,000.00 in federal funding available for bridge construction. This is the 80% the federal government will allow.
TAX AWARENESS COMMITTEE
Ray Bockman inquired as to the status of the US Abrasion property in Tippecanoe, IN. Attorney Clevenger said he was still working on that issue.
COUNTY ATTORNEY APPOINTMENT
John Zentz moved and Kevin Overmyer seconded the motion to reappoint James N. Clevenger as the Marshall County Attorney for 2006. Motion carried 2-0.
John Zentz moved and Kevin Overmyer seconded the motion to adjourn the meeting. Motion carried 2-0.
Kevin Overmyer, President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, JANUARY 17, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 10:10AM, Tuesday, January 17, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
DEBBIE VANBLARICOM CELL PHONE PROPOSAL/HEMMINGER HOUSE CLAIM
Cell Phone Minutes:
Debbie VanBlaricom, Deputy Auditor, appeared before the Board to advise that consultant Steve Kasper suggested that we raise the County’s cell phone minutes from 5000 to 7500 per month. The current overage charges have been costing the County an additional $380.00 per month. The cost to increase the number of minutes will only be $100.00 per month.
John Zentz moved and Tom Chamberlin seconded the motion to accepted Steve Kasper’s recommendation to increase the number of cell phone minutes from 5000 to 7500 per month. Motion carried 3-0.
Hemminger House:
Debbie informed the Board that she received a claim from Centier Bank in the amount of $33,270.12 to pay for the mortgage on the Hemminger House. She requested permission to prepay this claim.
Tom Chamberlin moved and John Zentz seconded the motion to allow Debbie VanBlaricom permission to prepay the claim from Centier Bank in the amount of $33,270.12 to pay for the mortgage on the Hemminger House. Motion carried 3-0.
LOW Payoff:
Debbie VanBlaricom presented a claim from LOW in the amount of $561.60 for January Support Costs and requested permission to prepay.
Tom Chamberlin moved and John Zentz seconded the motion to prepay the LOW claim in the amount of $561.60 to complete amounts owed for delivery of Tax Duplicate Reports and the resolution of software compliance issues with the
1 Legislative Services Agency and the Department of Local Government Finance. This will be their final payment allowing for the removal of their software from our computer server. Motion carried 3-0.
Commissioner Overmyer requested Attorney James Clevenger write a letter to LOW stating that they provide a written agreement stating that LOW will provide the required reports to Marshall County upon receiving the $561.60 payment.
HIGHWAY DEPARTMENT
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Insurance Increase:
Neal advised the Board that the Worker’s Compensation Insurance Premium had increased $19,000.00 from 2005. He thought that increase was significant and plans to check with Gibson Insurance Agency as to why. ($46976.00 in 2005/ $65,976.00 in 2006).
Request for Qualifications/Proposals:
Neal asked if there were any questions regarding the proposals that were submitted on Bridge # 89 – 13th Road over the Yellow River; 2006 Underwater Bridge Inspections and 2006 Bridge Inspections Phase I. The Board requested additional time to review all the RFQs that were submitted by various vendors and will select three (3) firms for each project at the first Commissioner’s Meeting in February. The selected firms will be notified to appear for interviews at a date to be determined.
AUDITOR’S REPORT
Jan Quivey, Auditor, presented the following to the Board for approval and signatures:
Minutes:
The January 3, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
John Zentz moved and Kevin Overmyer seconded the motion to approve the January 3, 2006 Commissioner Meeting Minutes as presented. Motion carried 2-0.
A copy of the minutes from the January 3, 2006 Public Hearing regarding CFF Funds to Develop a Community Resource Center were also presented and will be attached to the January 3, 2006 Commissioner Meeting Minutes.
2 Claims:
The mid-month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
Family Medical Leave Requests:
Paula Babcock, Deputy Auditor, presented two (2) requests for Family Medical Leave. One request is from WIC for intermittent leave to care for a family member and the other is from Probation for consecutive leave time. Both employees will be responsible for payment of their health insurance premiums during any unpaid portion of their leave.
Paula Babcock asked if accumulated sick time could be used while taking care of a family member. Attorney Clevenger will research FMLA law to see if that is possible or even required.
John Zentz moved and Tom Chamberlin seconded the motion to approve both Family Medical Leave requests. Motion carried 3-0.
Plymouth Common Construction Wage Committee:
Jan Quivey asked the Commissioners to appoint a member to the City of Plymouth Common Construction Wage Committee for a Sewer Project.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Tom Flynn to the Plymouth Common Construction Wage Committee for the Sewer Project. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger presented the following to the Board:
Argos School Corporation/Common Construction Wage Committee:
At the recommendation of the Argos School Corporation, Attorney Clevenger recommends Joe Kron be appointed to the Common Construction Wage Committee.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Joe Kron to the Common Construction Wage Committee for the Argos School Corporation. Motion carried 3-0.
3 Jail Project:
Attorney Clevenger advised that on January 4, 2006 the order approving the jail project and lease was received from the Department of Local Government Finance.
The Holding Corporation appointed Carol Brown to replace Jerry Greenlee on January 4, 2006. Commissioner Chamberlin updated the Holding Corporation on the status of the jail project and he will do so periodically.
Ice Miller (Bond Counsel) recommends a public notice allowing for objection to the project. It has yet to be determined if a remonstrance could be filed against this project. Attorney Clevenger is calling it an “objection period” rather than a “remonstrance period”. The notice will appear in the Pilot News on January 18, 2006 and there is a thirty-day (30) time period for objections.
Attorney Clevenger said if property taxes could be used as a backup then there is a thirty- day (30) period following publication that any taxpayer can object to the project. The objections must be presented to the Auditor’s Office stating the reason for the objection. If ten (10) or more taxpayers object, it goes back to the DLGF for a hearing date to be set.
Annexation:
The City will meet on January 24, 2006 at 6:00PM to likely approve on first reading the ordinance for annexation of the jail site property at Pine Road and 8B Road/Jim Neu Drive. Commissioner Chamberlin will attend with Attorney Clevenger.
Pine Road:
Commissioner Overmyer suggested a special public evening meeting to select a route for Pine Road. A Public Meeting has been set for Wednesday, January 25, 2006 at 6:00PM. The meeting will be held in the Commissioner’s Room at the County Building. Notice will be sent to the media.
Sycamore Road:
A Sycamore Road access agreement establishing where the boundary lines are will be presented at the next meeting. This agreement would determine the east boundary for the Acre property and the west boundary for the Sycamore Road lake access.
South Michigan Street Bridge:
There is a meeting scheduled with DLZ, City of Plymouth and Commission Zentz for January 19, 2006 at 6:00PM.
4 Farm Lease:
The farm lease for Robin Roberts was submitted for signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the farm lease contract between Marshall County and Robin Roberts. Motion carried 3-0.
Inmate Processing Fee Fund:
Attorney Clevenger prepared a “draft” copy of an ordinance based on one currently used by Porter County, IN. The ordinance would allow the Sheriff to collect up to a $30.00 processing fee for all inmates booked into the Marshall County Jail. The money collected would be used for inmate education and counseling; equipment; and education and training for the Marshall County Jail Staff.
The Board recommends a fee of $30.00 and requests that the language include jail operations as well. The fund must be budgeted with the Council’s approved appropriation. It is the duty of the Sheriff to collect the fees and administer the fund.
Attorney Clevenger has reservations on whether language that includes jail operations could be too broad, and include uses other than what the fee collected is intended.
Commissioner Chamberlin suggests that language that includes inmate clothing; bedding and training of jail officers should be used. This use of the fund would then indirectly save on the General Fund expenditures for these items.
Indigence will be determined by the courts in which case the booking fees would be waived.
Tom Chamberlin moved and John Zentz seconded the motion to pass Ordinance 2006-01 on the first reading establishing an Inmate Processing Fee of $30.00. Motion carried 3-0.
The language could be changed prior to the second reading.
Health Department Emergency Procurement Ordinance:
Attorney Clevenger suggests there be language that includes checks and balances, so that spending of the money would have some controls, i.e. review by the Commissioners and Council Presidents plus the Auditor.
Highway/Watson Law Suit:
No ruling at this time. Neal Haeck will need to collect additional information to respond to the discovery request. The savings to Marshall County taxpayers by having the work on North Michigan done by the Marshall County Highway employees was $80,000.00 in
5 materials alone and $142,000.00 including labor and equipment. On South Michigan Road the saving were $$41,000.00 on materials and $55,118 including labor and equipment.
PLAN COMMISSION APPOINTMENT
Ralph Booker, Plan Commission Director, recommended reappointing Ronnie McCartney to the Plan Commission Board for another four-year (4) term.
Tom Chamberlin moved and John Zentz seconded the motion to accept Ralph Booker’s recommendation to reappoint Ronnie McCartney to the Plan Commission Board for another four-year (4) term beginning January 1, 2006. Motion carried 3- 0.
TAC
Mike Bernero appeared before the Board to discuss remonstrance procedures. Attorney Clevenger said the jail project execution of lease falls under IC 36-1-10-14, which is different than the statute for the remonstrance process. This statute provides for an objecting period and the objecting rules are different than the remonstrance process.
Mr. Bernero also said property taxes were used in the early stages of the jail project (feasibility studies) even though this money was reimbursed to the General Fund from the Special CAGIT fund.
Mike Bernero also said that in Option B and Option K (Plymouth Schools) the total costs were published. He said that Option K was actually $11,325,000.00 less than Option B because of several reasons including lower interest rates in 2004 over rates in 2002. He says remonstrances don’t always cause a project to cost more.
He said that the new jail design is more efficient and will save the taxpayers money and he supports it.
COMMISSIONER BUSINESS
EPICS Tower-Triton School:
Tom Chamberlin moved and John Zentz seconded the motion to approve the lease between Marshall County and Triton School Corporation for the EPICS Tower. Motion carried 3-0.
6 Commissioner Overmyer questioned whether the Plymouth Airport Board had any plans to close Lilac Road due to airport expansion. If they are considering this, he would like a member to come to a Commissioner’s Meeting to voice their ideas.
Judy Stone questioned if it shouldn’t be a Public Hearing regarding the Pine Road Extension on January 25, 2006 rather than a Public Meeting. She thought that was what the Commissioners stated at a prior meeting. The Board asked Paula Babcock to check the minutes and if a hearing is necessary, the Auditor will advertise it.
John Zentz moved and Tom Chamberlin moved to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
7 TUESDAY, FEBRUARY 7, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Tuesday, February 7, 2006, for a regular meeting with Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. Commissioner Kevin Overmyer was not in attendance. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
JAN FISHER/STEVE HARPER VOTING MACHINE CONTRACT
Jan Fisher, Clerk of the Marshall Circuit Court and Steve Harper, Election Board member appeared before the Board to request their signatures on a contract with Microvote General Corporation in the amount of $12,660.00 for the purchase of four (4) new voting machines. The Election Board filed an amended application and secured a contract with Microvote. Ms. Fisher advised the Board that there was $12,700.00 remaining in the HAVA Grant Funds that will be used to pay for these machines.
She also informed the Board that she plans to request money for additional voting machines in her 2007 and 2008 budgets. The new machines will provide instant voting calculations. Until all the machines are replaced, manual tabulation is required.
John Zentz moved and Tom Chamberlin seconded the motion to approve the contract with Microvote General Corporation in the amount of $12,660.00 for the purchase of four (4) new voting machines. Motion carried 2-0.
Commissioner Chamberlin asked Ms. Fisher how much money had been collected from outstanding fines and costs. She replied that approximately $5,000.00 had been collected in a four (4) week period that began around Christmas time. She suspected that figure could be at $6,000.00 by now.
AUDITOR’S REPORT
Jan Quivey, Marshall County Auditor presented the following to the Board for approval and signatures:
Minutes:
The January 17, 2006 Commissioner Meeting Minutes and the January 25, 2006 Public Hearing Minutes on the Pine Road Extension Project were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the minutes from both meetings. Motion carried 2-0.
Claims:
The monthly claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the claims as submitted. Motion carried 2-0.
Medico-op Administration Fees:
Paula Babcock, Deputy Auditor, informed the Board that Medico-op, our third party administrator for dental insurance is raising their fee by twenty-five cents ($0.25) per employee. This equates to approximately fifty dollars $50.00 per month or six hundred dollars ($600.00) per year. Paula wanted the Commissioners to be aware of this increase in case any transfers were needed at the end of this budget year.
John Zentz moved and Tom Chamberlin seconded the motion to accept the increase in administration fees for Medico-op. Motion carried 2-0.
Family Medical Leave:
Paula Babcock, Deputy Auditor, submitted a Family Medical Leave request to be used intermittently by an employee in the Extension Office.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Family Medical Leave request as presented. Motion carried 2-0.
Extended Leave of Absence:
Paula Babcock, Deputy Auditor, submitted a request for an Extended Leave of Absence for an employee in the Probation Department who was ineligible for Family Medical Leave. An employee on a Leave of Absence is responsible for payment of their own medical insurance during any period in which they do not receive compensation. This is just an amendment to the request approved at the last Commissioner’s Meeting.
Covered Bridge Certification:
Jan Quivey, Auditor, presented a Covered Bridge Certification to the Board indicating that there were no covered bridges in Marshall County.
John Zentz moved and Tom Chamberlin seconded the motion certifying that there were no covered bridges in Marshall County. Motion carried 2-0.
WES BURDEN COUNTY HEALTH BOARD APPOINTMENTS
Wes Burden, Director of the Health Department, requested that Tom Pedevoli be reappointed to the Marshall County Health Board. Wes also indicated that Dave Bacon’s term ended in 2005 and he does not wish to be reappointed; therefore, Wes will find five other nominees and present their names to the Commissioners for consideration at a later date.
RALPH BOOKER ZONING ORDINANCE AMENDMENTS
Ralph Booker, Plan Commission Director, submitted for approval - Ordinance 2006-02 – An Ordinance Amending Ordinance No. 1000, Commonly Known as “The Marshall County Zoning Ordinance” As Amended, in Regards to Special Exceptions.
The amended Ordinance 2006-02 states that the Board of Zoning Appeals will hear requests for “Special Exceptions” rather than going to the Plan Commission first.
John Zentz moved and Tom Chamberlin seconded the motion to pass Ordinance 2006-02 on the first reading. Motion carried 2-0.
Ralph Booker also presented Ordinance 2006-03 – A Rezoning Ordinance Amendment – requesting a change from A1 Agriculture to B2 Business Interchange Development at 7809 Redwood Road. Ralph informed the Board the Plan Commission gave this request a favorable recommendation at their January 26, 2006 Meeting. A site plan review would be required whenever there was a modification to the structure or land use. This would then have to be approved by the Plan Commission. Dawn Sahlhoff, the landowner, stated that a bridge contracting company had approached her regarding this property.
Today was supposed to be a Public Hearing but it wasn’t advertised as such, even though the Plan Commission Hearing was advertised.
John Zentz moved and Tom Chamberlin seconded the motion to table Ordinance 2006-03 until the next meeting allowing time for advertising of a Public Hearing. Motion carried 2-0.
JOHN GROLICH EMA DIRECTOR RECOMMENDATION
John Grolich appeared before the Board to recommend Clyde Avery be appointed as the new EMA Director for Marshall County.
Commissioner Chamberlin expressed his appreciation and thanked the EMA Board for their efforts in conducting interviews during this process. John Zentz moved and Tom Chamberlin seconded the motion to accept John Grolich’s recommendation and appoint Clyde Avery as the new EMA Director for Marshall County. Motion carried 2-0.
John Grolich wanted to publicly commended Neal Haeck for his cooperation and support at the EMA building.
He also stated that seven (7) counties in our district are developing a plan to share resources. Clyde will be attended several meetings and begin networking immediately.
HIGHWAY DEPARTMENT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
Rich Yoda: 4th Road between Beech Road and County Line Road, German Township, requests a road bore to install drain tile for a house at 1128 4th Road.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road bore request from Rich Yoda. Motion carried 2-0.
Verizon: E 18B and East between US 331 Road and South Cedar Road, Tippecanoe Township, a request to plow/bore to replace cut telephone cable.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road plow/bore request from Verizon. Motion carried 2-0.
Dig Excavating: Along the right of way at 3755 West Shore Drive at Lake of The Woods, North Township, digging along the east side of the house straight to the road for a sewer main tap.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request from Dig Excavating. Motion carried 2-0.
United Telephone/Sprint: West 5th C Road and Pine Road between Old US 31 and Pine Road, North Township to provide service to 5591 Pine Road.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request by United Telephone/Sprint. Motion carried 2-0.
Worker’s Compensation/Casualty/Unemployment Insurance: Neal talked with Mike Miley, Gibson’s Insurance Agency, and was advised that insurance rates are determined based on claims activity on a rolling basis for a three (3) year period. The County will deal with higher premiums for the next three (3) years as one year had a high number of claims. John Zentz moved and Tom Chamberlin seconded the motion to approve the rate increase. Motion carried 2-0.
DLZ – Michael Kummeth: Requested a notice to proceed on the Pine Road Extension Project.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request by DLZ to proceed with the Pine Road Extension Project. Motion carried 2-0.
Neal will prepare a letter for DLZ and provide copies to the Auditor and Commissioners.
Bridge #89 Construction 13th Road over Yellow River: Neal recommended the following firms prepare presentations for the Commissioner’s Meeting on February 20, 2006. They are: DLZ; Troyer Group; and USI Consultants.
John Zentz moved and Tom Chamberlin seconded the motion to approve Neal’s recommendations. Motion Carried 2-0.
2006 Underwater Bridge Inspections and 2006 Phase I Bridge Inspections: Neal recommended the following firms prepare presentations for the Commissioner’s Meeting on February 20, 2006. They are: Frost Engineering; Strang and Associates; and USI Consultants.
Underwater Bridge Inspections must be conducted every five (5) years and Phase I Bridge Inspections must be conducted every two (2) years. The State of Indiana will reimburse the County for eighty percent (80%) of the costs.
John Zentz moved and Tom Chamberlin seconded the motion to accept the short list recommended by Neal Haeck. Motion carried 2-0.
The Commissioners requested that each firm prepare a ten minute (10) presentation to be presented at their February 20, 2006 Commissioner Meeting.
Commissioner Zentz asked Neal to check on an area at 1st Road and Juniper to see if a guardrail should be installed.
Commissioner Chamberlin asked Neal about chip and seal on 11th Road – a road count will be done and if warranted it will be put on the road program list.
Neal was also advised that his department was going to be responsible for the installation of a handrail at the Bremen Baptist Church – Bremen Precinct 5, to be HAVA compliant.
COUNTY ATTORNEY REPORT
Attorney James N. Clevenger presented the following to the Board:
Jail Project: Annexation - the January 24, 2006 special meeting went well with the first reading of the ordinance; the next reading is scheduled for February 13, 2006. Title Insurance for the facility – will request proposals from local agencies.
Pine Road: DLZ is proceeding with this project.
Sycamore Road Lake Access: This matter will be considered at the next meeting.
South Michigan Street Bridge # 226: DLZ has requested permission to go-ahead with their engineering survey. The County is still trying to determine the City’s portion and the County’s portion of the bridge repair.
John Zentz moved and Tom Chamberlin seconded the motion to approve DLZ’s request to go-ahead with their engineering survey work on South Michigan Street. Motion carried 2-0.
Inmate Processing Fee Reimbursement Ordinance: In checking with Clark County, Indiana Attorney Clevenger found they had been sued and ended up reimbursing the processing fee. The same thing happened in a southern Ohio county. Some problems were that the court felt it unconstitutional to punish inmates before they had ever gone to court; there is a lack of “due process” and “lack of equal protection”. Attorney Clevenger suggests going slower on this due to constitutional issues.
Health Department Procurement Ordinance: A draft copy of A Joint Ordinance Permitting Procurement of Emergency Funds in the Event of a Health Pandemic was presented to the Commissioners. Attorney Clevenger included language that will maintain control of the spending by involving the Commissioners, Council and Auditor of the County.
John Zentz moved and Tom Chamberlin seconded the motion to approve the draft copy of Ordinance 2006-04 on the first reading. Motion carried 2-0.
Auditor Jan Quivey will present this joint ordinance to the Council on Monday, February 13, 2006.
Lilac Road: A letter was sent to Dr. Holm at the Plymouth Aviation Board regarding Lilac Road stating that the Commissioners need to be involved if a County road is to be closed..
It was also mentioned that there are some new regulations being implemented by which the County Assessors are going to be doing the work previously done by Township Assessors, and would involve the purchase of personal property software. Resolution 2006-01: Auditor Jan Quivey presenteda Resolution Re-establishing the Personnel Committee.
John Zentz moved and Tom Chamberlin seconded the motion to eliminate one (1) council member (Ralph Booker) to make an uneven number of members, and to pass Resolution 2006 with that deletion. Motion carried 2-0.
BILL SPENCER – ATV ORDINANCE
Bill Spencer appeared before the Board and requested that Marshall County establish an ATV Ordinance. He presented one from Kosciusko County that has been accepted by the DNR. Mr. Spencer is 84 years old and just purchased his first ATV for farming purposes, however, he does occasionally go on a state road and he wanted to be sure he was legal.
Commissioner Chamberlin informed Mr. Spencer that these concerns were brought to the Commissioners attention last summer and are still being worked on. He has been working the Sheriff’s Department to look at possible issues. He will work with the County Attorney and hopes to be able to put an ordinance in place by this summer.
TAC
Ray Bockman asked if the Aviation Board has come to the Commissioners regarding the closing of Lilac Road? The response was “not at this point”.
Judy Stone feels there is a way to enact an inmate-booking fee.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 2-0.
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, FEBRUARY 20, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:50AM, Monday, February 20, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, Jim Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
AUDITOR’S REPORT
Jan Quivey, Auditor, presented the following to the Board for approval and signatures:
Minutes:
The February 7, 2006 Commissioner Meeting Minutes were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the minutes as presented. Motion carried 2-0.
Claims:
The mid month claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid month claims as presented. Motion carried 3-0.
Ordinance 2006-04 Health Department Emergency Funding Procurement:
Jan Quivey presented Ordinance 2006-04 – Health Department Emergency Funding Procurement, for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and approve Ordinance 2006-04 – Health Department Emergency Funding Procurement on second and third readings. Motion carried 3-0.
Resolution 2006-01 – Re-establishing the Personnel Committee:
Discussion was held regarding Resolution 2006-01 and it was decided that the resolution should be amended to include the Marshall County Sheriff and Marshall County Clerk as members of the Personnel Committee. Tom Chamberlin moved and John Zentz seconded the motion to amend Resolution 2006-01 to include the Marshall County Sheriff and the Marshall County Clerk as members of the Personnel Committee. Motion carried 3-0.
Extended Leave of Absence:
Paula Babcock, Deputy Auditor presented a request for an Extended Leave of Absence for Julie Fox, an employee in Marshall Superior Court 1 who is running for Marshall County Clerk. As a court employee she is not allowed to work for the courts during the election process. Although the requested leave is longer than allowed in the Marshall County Policy, the Court’s Policy does allow for an extended leave under these conditions. Pat Weedling has accepted a part-time position to work in Marshall Superior Court 1 during Julie’s absence.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Extended Leave of Absence for Julie Fox to enable her to run for Marshall County Clerk. Motion carried 3-0.
CONSULTANT PRESENTATIONS
Bridge # 89 Construction – 13th Road over Yellow River:
The following firms presented design proposals for consideration:
DLZ, LLC, South Bend, IN (10:09AM-10:25AM) Michael Kummeth, Bob Kirkley and Brian Arterbery
Troyer Group (10:28AM-10:55AM) Maryo Pasarel, David Burke, John
USI Consultants (10:57AM-11:03AM) Sherry Hines, Mike Obergfell
Bridge Inspections:
The following firms presented proposals for consideration:
USI Consultants (11:03AM-11:11AM) Sherry Hines, Mike Obergfell
Frost Engineering (11:15AM-11:33AM) Jerry Frost, Troy Madlem
Strang and Associates (11:35AM-11:46AM) Mike Strang PUBLIC HEARING ZONING ORDINANCE AMENDMENT 2006-03
Ordinance 2006-03 – Zoning Change Request:
Ralph Booker, Plan Director and Dawn Sahlhoff appeared before the Board to request an amendment to Zoning Ordinance 2006-03 changing 7809 Redwood Road from A1, Agricultural to B2, Business Interchange. Ralph stated that the Plan Commission gave a favorable recommendation for this change at their January 26, 2006 meeting.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing. Motion carried 3-0.
No public comment
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass Zoning Ordinance Amendment 2006-03, on first reading, changing the zoning at 7809 Redwood Road from A1, Agricultural to B2, Business Interchange. Motion carried 3-0.
Second and Third readings will be considered on March 6, 2006. Mrs. Sahlhoff does not need to be present.
Ordinance 2006-02 – Zoning Amendment Regarding Special Exceptions:
Ralph Booker, Plan Director presented Ordinance 2006-02 amending Ordinance 1000, Commonly known as “The Marshall County Zoning Ordinance,” as amended, in regards to Special Exceptions – eliminating section 603.2 Part B of the Zoning Ordinance.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and pass Ordinance 2006-02 on second and third readings. Motion carried 3-0.
MIKE BOYS DOX-TEK CONTRACT
Mike Boys, Assessor, appeared before the Board to present the Dox-Tek Contract for approval and signatures. This contract, for personal property record maintenance, has already been approved by the Department of Local Government Finance and reviewed by Attorney James N. Clevenger.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Dox- Tek Contract as presented. Motion carried 3-0. HIGHWAY DEPARTMENT
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cut Request:
SPRINT/UTS: Lilac Road between Plymouth/Goshen Road and E 7th B Road, Center Township to bury 1,575 feet of cable in the right of way on Lilac Road to provide cable service to a new home.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut requested by SPRINT/UTS. Motion carried 3-0.
Attorney Clevenger suggested that Neal inform SPRINT officials about the possibility of Lilac Road being closed for airport expansion. He says they may want to rethink the location of their road cut.
DLZ – Letter to Proceed:
Neal Haeck gave copies of the “Notice to Proceed” letter he mailed to DLZ on February 13, 2006.
Guardrail Project:
Waiting for the guardrail to be delivered in order to install on 1st Road at Juniper Road.
INDOT:
Will be replacing a small structure on State Road 10 east of State Road 17 by Culver Military Academy. The project will begin on April 1, 2006 and be done by June 1, 2006.
ATTORNEY REPORT
Attorney James N. Clevenger presented the following to the Board:
Jail Project:
Annexation – City approved on the second reading, the next reading is scheduled for February 27, 2006.
Petition of Objection – filed by union members regarding Common Construction Wage adoption. Petitions must be certified and mailed to the Department of Local Government and Finance. Auditor Quivey advised that this process was done and mailed to the Department of Local Government on Friday, February 17, 2006.
Tom Chamberlin moved and John Zentz seconded the motion to have Jim Clevenger send a letter to the DLGF stating Marshall County’s objection to the petition and the petition signers’ reason for objection. Motion carried 3-0.
Sycamore Road Lake Access:
The agreement between Marshall County and Mark and Ann Aker was presented for approval. The boundary lines will be set along its “use” line. A compromise between the County and Mark and Ann Aker was reached.
Tom Chamberlin moved and John Zentz seconded the motion to approve the agreement between Marshall County and Mark and Ann Aker regarding the boundary line of Sycamore Road Lake Access to Lake Maxinkuckee. Motion carried 3-0.
South Michigan Bridge Project:
A letter was sent to DLZ to proceed with the survey; the next meeting is scheduled for February 23, 2006 with the City.
Highway/Watson:
The Court denied the County’s Motion to Dismiss. Discovery completed but new information has been requested. Attorney Clevenger requests the Board to schedule an Executive Session to discuss this and other matters.
The Auditor is requested to advertise for an Executive Session to be held following the regular Commissioner’s Meeting on March 6, 2006.
TAC
Mike Bernero – regarding Prevailing Wage – he stated that the wages vary from county to county and therefore he is in favor of the ABC wages.
Mike Bernero recommended Strang and Associates for the Bridge Inspection job if his costs are equal to or less than the other presenters.
COMMISSIONER NOTES
Commissioner Kevin Overmyer stated that there would be an “informational” meeting scheduled for Wednesday, March 8, 2006 at 6:00PM in Room 307 of the Marshall County Building to discuss the Ethanol Plant. Representatives from the Ethanol Plant will be present. Auditor Quivey is to prepare the notice for the media and mail letters to the following:
Marshall County Council Argos Town Council Pamela Bishop, Argos Town Clerk Kenneth Powell, Walnut Twp. Trustee Marshall County Plan Commission Board of Zoning Appeals
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, MARCH 6, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, March 6, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
JIM STAPAN REQUEST FOR NEW VETERAN’S OFFICE SPACE
Jim Stapan, Veteran’s Service Officer, appeared before the Board to request additional office space, specifically the offices currently being used by the Solid Waste Department, who will be moving from the County Building shortly. Mr. Stapan advised the Board that his current office is too small and difficult to reach for some veterans with disabilities. The traffic flow has increased by approximately 30% over the past few years.
The Veteran’s Service Office is open Tuesday, Wednesday and Thursday from 8:00AM to 1:00PM. In addition to himself, he has one (1) volunteer, whom the American Legion certified as a Service Officer. Jim states he has been a valuable asset and is in the office about 85% of the time that the office is open.
Commissioner Zentz says he is supportive of the request. Commissioner Chambelin also suggested moving the EMA Director to the county building to conserve utility costs, which are approximately $700.00 per month.
John Zentz moved and Tom Chamberlin seconded the motion to table this matter until the next meeting pending further review of all offices. Motion carried 3-0.
2006-03 ZONING ORDINANCE AMENDMENT
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and pass Zoning Ordinance 2006-03 on both the second and third Readings. This ordinance concerns rezoning the property at 7809 Redwood Road from A1 Agriculture to B2 Business Interchange. Motion carried 3-0.
CATHY CLARK CULVER REDEVELOPMENT COMMISSION
Cathy Clark, Jim Weirick and attorney Ron Gifford appeared before the Board to request giving jurisdictional authority to the Culver Redevelopment Commission to create a second TIF district on the west side of Culver to develop an industrial park which would attract more business into the area. The property is located between Jefferson and Mill Streets on Highway 17. Part of the nineteen (19) acre area to be developed is in the County and part is in the Town of Culver. At a later time this year; the Culver Redevelopment Commission will go through the process of bringing the property into the TIF district.
Commissioner Overmyer requested that they don’t keep this property in a TIF district for thirty (30) years. Cathy Clark advised that was not their intent.
John Zentz moved and Tom Chamberlin seconded the motion to pass a 2006 Resolution as requested by the Culver Redevelopment Commission granting jurisdictional authority to the Culver Redevelopment Commission for property west of Culver for the purpose of establishing a new TIF district in Culver, Indiana. Motion carried 3-0.
CLYDE AVERY – EMA NIMS COMPLIANCE
Clyde Avery, EMA Director, appeared before the Board and presented his February 2006 Activity Report for review. Clyde also introduced information regarding the National Incident Management System (NIMS), which provides a consistent nationwide approach between federal, state and local authorities to work effectively and efficiently together when dealing with incidents that affect Homeland Security. This includes emergency planning and training for emergency responders and emergency preparedness.
Clyde explained that the Federal Government is requiring the adoption of at least the first portion of NIMS, (Incident Command) as a condition t be eligible to receive Federal preparedness funding assistance (grants, contracts, and other activities) for Fiscal Year 2006 (September 30, 2006). Full compliance is expected by Fiscal Year 2007.
The training programs are available on line at www.training.fema.gov - these courses are designed for emergency responders. Following today’s meeting, Clyde will meet with other agencies and hospitals in the County to give the same presentation.
The Board of Commissioners are in favor of this project and will provide a letter of support for Clyde to take to the agencies he visits.
Lastly, Clyde advised that he is working on the 2006 application to reimburse the County for half of the EMA Director’s salary and benefits. MIKE BOYS REASSESSMENT TRENDING CONTRACT
Mike Boys, County Assessor, appeared before the Board to present a revised Indiana Assessment Services Contract to provide reassessment trending services for 2007 pay 2008 tax year. The Commissioners asked Attorney Clevenger to review the revised contract and this matter will be considered at the March 20, 2006 Commissioner’s Meeting.
John Zentz moved and Tom Chamberlin seconded the motion to table this matter until March 20, 2006 to allow Attorney Clevenger review the revised contract. Motion carried 3-0.
BECKY PHILLIPS – FAMILY FOUNDATION NATIONAL DAY OF PRAYER
Becky Phillips of the Family Foundation appeared before the Board to request permission to use the Courthouse steps and set up a 6’x 6’ tent on the Courthouse lawn to protect a document that will be signed by approximately fifteen (15) Pastors in celebration of National Day of Prayer on May 4, 2006 at 6:00PM. The event will last about thirty minutes. The Board requested that she contact Rich Ulrich, Maintenance Supervisor to assist in coordinating this event.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request to use the Courthouse steps and set up a tent on the Courthouse lawn on May 4, 2006 at 6:00PM for National Day of Prayer. Motion carried 3-0.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following for approval and signatures.
Minutes:
The minutes from the February 20, 2006 Commissioner Meeting were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to accept the February 20, 2006 Commissioner Minutes as presented. Motion carried 3-0.
Claims:
The monthly claims were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the monthly claims as presented. Motion carried 3-0.
Resolution 2006-01/Amended Resolution 2006-01(A)
Jan Quivey distributed for signing Resolution 2006-01 and Amended Resolution 2006- 01(A) reestablishing the County Personnel Committee. These resolutions were passed previously at the February 7, 2006 and February 20, 2006 meetings respectively.
Hemminger House Prepay Request:
Debbie VanBlaricom, Deputy Auditor, appeared before the Board to request permission to prepay a Grant Match amount of $36,365.61 to the State of Indiana in order for an “Authority to Proceed” to be granted for the reconstruction of the Hemminger House.
John Zentz moved and Tom Chamberlin seconded the motion to allow a check to be drafted to the State of Indiana for $36,365.61 to INDOT pending receipt of funds from Turning Point being deposited in the Hemminger House Fund. Motion carried 3-0.
Extended Leave of Absence:
Paula Babcock, Deputy Auditor, presented a request for an Extended Leave of Absence from an employee at the Sheriff’s Department who wants to take time off from the Sheriff’s Department to work elsewhere at a higher rate of pay to meet his financial obligations while caring for a family member who for health reasons is unable to work. After some discussion, this request was denied. Sheriff Ruff is to be advised of the decision and should he choose to discuss it further, he should schedule a time to appear at the next Commissioner’s Meeting.
Tom Chamberlin moved and John Zentz seconded the motion to deny the request for leave and offer Sheriff Ruff the opportunity to attend the next Commissioner’s Meeting to state his support for this request. Motion carried 3-0.
COUNTY ATTORNEY REPORT
Attorney James Clevenger presented the following:
Jail Project:
Annexation: The City of Plymouth has delayed the final reading for Annexation because during this process a parcel of land was sold to Steve Eckard and they want to receive his consent prior to signing.
Intergovernmental Agreement: Still working on revisions. Objections to Common Construction Wage: Department of Local Government Finance will plan a hearing soon.
South Michigan Street:
Commissioner John Zentz and Attorney Clevenger attended a meeting with the City of Plymouth to discuss sharing the costs of design and construction fees. An Intergovernmental Agreement was submitted to the Commissioners for review.
Highway/Watson:
Attorney Clevenger filed and an answer; a new discovery was requested. This matter will be discussed further in the Executive Session following the Commissioner’s Meeting today.
Schuh Ditch:
Sent a letter to Attorney Easterday.
Ethanol Plant:
Attorney Clevenger will present a document to the Commissioners for their review explaining Industrial Revenue Bonds.
CEDIT/Inventory Tax Elimination:
Two (2) ordinances have been drafted for the Auditor and consideration by the County Council. A Public Hearing is scheduled for Tuesday, March 7, 2006 at 6:30PM.
O’Leary Tort Claim:
Attorney Clevenger advised that the O’Leary Tort Claim has been forwarded to our insurance carrier.
Letter from Greg Williams:
Attorney Clevenger read a letter from Greg Williams who stated that he was taken advantage of by AAA Wireless, who misrepresented themselves by implying that they were the wireless provider for Marshall County. He is still waiting to receive a refund of the $250.00 initial fee from them. This is in reference to the EPICS Tower Project.
HIGHWAY DEPARTMENT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
Sprint/UTS: West 4th Road between Nutmeg Road and Pine Road, North Township to bury approximately 1,100 feet of cable to provide telephone service to a new home.
Lilac Road between 2C Road and US 6, North Township to bury 1,105 feet of cable to provide telephone service to a new home.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road cut requests by Sprint/UTS. Motion carried 3-0.
Mark Martin: Beech Road between 2B Road and 3B Road, German Township, open road cut to allow farm drainage.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut request by Mark Martin. Motion carried 3-0.
Guardrail – Juniper and 1st Road:
Neal advised the Board that a guardrail has been installed on Juniper and 1st Road.
Commissioner Overmyer asked Neal to check on possibly installing a guardrail at 4th Road and Plymouth/Goshen Trail at Lake of the Woods.
Bridge # 89 Consultant:
Neal recommended awarding the contract to DLZ.
John Zentz moved and Tom Chamberlin seconded the motion to accept Neal’s recommendation to award the contract to DLZ for Bridge # 89 reconstruction. Motion carried 3-0.
Bridge Inspection Consultant:
Neal recommended awarding the contract to Strang and Associates.
Tom Chamberlin moved and John Zentz seconded the motion to accept Neal’s recommendation to award the contract to Strang and Associates for the Bridge Inspections. Motion carried 3-0.
Other Business:
Judy Stone requested that a sign be put up at 12th Road and Muckshaw Road stating that “cross traffic does not stop”. She explained that she has experienced many near misses at that location.
The Board asked Neal to look into possible federal funding for crossing lights at the railroad crossing on Muckshaw Road just south of Oakhill Avenue.
TAC
Judy Stone inquired whether or not the Commissioners had the authority to mandate a time limit on the new TIF District in Culver. Attorney Clevenger said “no”.
Tom Chamberlin moved and John Zentz seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, MARCH 20, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, March 20, 2006 for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
PUBLIC HEARING COMMUNITY FOCUS FUND GRANT APPLICATION
John Zentz moved and Tom Chamberlin seconded the motion to open the Public Hearing for Area Five-Community Focus Fund Grant Application for a Community Resource Center at the old Fulton-Marshall County CO-OP located on West Jefferson Street. Motion carried 3-0.
Therese Bath, Director of Development for Area Five, explained that one of the social service goals of the Center is to provide for the delivery of social services to the Marshall County Community in an effective, supportive and uplifting environment. The agencies who have expressed an interest in being part of the Community Resource Center are: Marshall County Neighborhood Council; Hearts and Hands; REAL Services; Work One Center; Marshall County Housing Authority; Rebuilding Together; WIC; Crossroads Academy and Habitat for Humanity.
Another goal for the Community Resource Center is to serve as a catalyst and transform an underutilized urban area of the City of Plymouth into a community asset.
The Marshall County Neighborhood Council, a non-profit 501-c-3 corporation, will be the owner-of-record for the 12,000 square foot facility. Marshall County and the City of Plymouth as well as the Tech Village, will be working in partnership with the Council to create this new facility. Real Estate Management Corporation is being considered for professional property management, relieving the social services agencies from the burden of managing their space, allowing them to concentrate on their mission.
Ron Liechty has worked on this project for twenty years and is very excited about it.
Dave Miller says the Community Resource Center would fit into the Tech Village concept.
Glen Berger said he was in support of the center.
Jerry Nakitas, Director of the Neighborhood Center is very much in support of the program.
Anita Munson questioned the amount of grant funds available:
$1,400,000 Total Project Costs $ 500,000 Maximum that can be applied for from the Office of Rural Affairs
A 10% local cash match is required with a maximum grant of $500,000, $40,551.13 is to come from the County and the remainder comes from other sources, which have to be documented in the application. The application is due April 7, 2006.
Judy Stone asked about the County’s contribution of $45,000 – the Commissioner response was it would be donated in the form of paving by the Highway Department.
Anita Munson asked who would monitor the money? She was advised that would be done by the Auditor’s Office.
Harold Raynard asked if Culver, Bourbon, Bremen, Lapaz and Argos were contributing? Not at this time.
Brent Martin advised the Board that the City of Plymouth has been asked to match the County’s contribution.
Commissioner Tom Chamberlin questioned where the entrance would be. He was told that the entrance would be on Adams Street.
Anita Munson asked how rent would be set? Long -term maintenance costs would be considered in calculating rent amounts.
Ron Liechty says a firm will be hired to administer the operations of the facility.
Harold Raynard asked if the property would come off the tax roles? Theresa Bath said yes, but no many taxes are being paid now.
Commissioner Tom Chamberlin asked what the lease options would be? Ron Liechty stated that the letters of commitment indicate a 5-year lease option.
John Oliver asked what Assessed Value (AV) would be removed for the total Tech Village and will TIF 2 area be expanded to include this site? Brent Martin stated “not at this time”. John Oliver stated that the captured AV in TIF 2 has doubled over the pas two years from 22 million to 40 million.
Dave Miller sees the Tech Village area as a conduit for more private businesses.
All three Commissioners do not favor the Tech Village becoming a part of a TIF district. John Zentz moved and Tom Chamberlin seconded the motion to close the public hearing. Motion carried 3-0.
BRENT MARTIN AND RON LIECHTY COMMUNITY RESOURCE CENTER
Brent Martin and Ron Liechty appeared before the Board to discuss two resolutions for the Community Focus Funds and Fair Housing. Attorney James Clevenger presented and read Resolution 2006-06 regarding submitting an application for the Community Focus Funds and Resolution 2006-07 regarding the Fair Housing Policy prohibiting discrimination in renting housing in Marshall County.
Attorney Clevenger suggested a separate agreement with the Neighborhood Council that would hold the County harmless should the project fail. Brent Martin indicated that a resolution providing such has been previously prepared but won’t be official until the project is further along.
Therese Bath said that grant funds will not be granted until local cash match funding is obtained and even if granted, the Commissioners still have the final decision as to whether or not to proceed.
Tom Chamberlin moved and John Zentz seconded the motion to pass Resolution 2006-06 granting the application process for Community Focus Funds through the Department of Rural Affairs for the purpose of funding a Community Resource Center. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass Resolution 2006-07 Fair Housing prohibiting discrimination in housing practices in Marshall County. Motion carried 3-0.
BOB RUFF - SHERIFF EMPLOYEE LEAVE OF ABSENCE REQUEST
Sheriff Bob Ruff appeared before the Board to present a Leave of Absence request from one of his employees for the period between February 24, 2006 - May 19, 2006 for the purpose of obtaining other employment to support his family due to the loss of income resulting from an health issue of a working spouse now unable to work. The employee wishes to return to the County following the leave period.
Tom Chamberlin moved and John Zentz seconded the motion to deny the request for leave of absence. Motion carried 3-0. It was stated the employee could reapply for a position in the Sheriff’s Department when he was financially able to do so.
HEALTH DEPARTMENT SOFTWARE CONTRACT/BOARD APPOINTMENT
DocuWare Contract:
Wesley Burden, Director of the Health Department, appeared before the Board to present the annual renewal software service agreement with DocuWare Software Support at a cost of $30,166.00. DocuWare Software allows files to be scanned and indexed for easy retrieval. The primary use by the Health Department would be to scan septic records and be able to index them. Currently, the Prosecutor’s Office and the Health Department will be using the software. Within the next few months they hope to add the Sheriff’s Department and Clerk’s Office to the program. The Health Department will pay for their portion of the contract through the State Tobacco Settlement Funds.
John Zentz moved and Tom Chamberlin seconded the motion to approve the contract pending Attorney Clevenger contacting DocuWare and working out some contract language issues regarding automatic renewal. Motion carried 3-0.
Health Board Appointment:
Wesley Burden recommended Barb Holcomb be appointed to the Health Board for a four-year term.
Tom Chamberlin moved and John Zentz seconded the motion to accept the recommendation of Wesley Burden and appoint Barb Holcomb to the Health Board for a four-year term. Motion carried 3-0.
SOLID WASTE
Mike Good, Director of Solid Waste and Chuck Ripley, Board President, appeared before the Commissioners to thank them for the use of an office in the County Building for the past several years and to reciprocate by offering the use of a vacant office in their new facility to Clyde Avery, EMA Director.
Tom Chamberlin moved and John Zentz seconded the motion to accept the offer from Mike Good and Chuck Ripley for the use of a vacant office in their new facility for the EMA Director. Motion carried 3-0.
Jan Fisher asked if this move would affect using the current EMA building as a polling site for the upcoming election? Commissioner Overmyer stated, “No, all utilities will be available”.
HIGHWAY DEPARTMENT
Neal Haeck, Superintendent, appeared before the Board and presented the following: Road Cut Information:
Neal informed the Board that NIPSCO requested to use one (1) road cut permit for work on Olive Trail at a cost of $100.00 per half-mile increment. This is the same type of permit that was granted to Commonwealth Engineering for the Pretty Lake Sewer Project.
Strang Engineering Services Contract (Bridge Inspections)
Neal submitted a Proposal for Engineering Services from Michael R. Strang of Strang and Associates for Bridge Inspections. Phase 1 of the bridge inspections will be done now, at a cost of $40,002.000 and the re-inspection Phase 2 will be done in 2008 at a cost of $35,256.00. Eighty percent of these costs are reimbursed by the State of Indiana.
There are 113 bridges in Marshall County to be inspected. In 2006 Mr. Strang expects to spend 5.9 hours/bridge @ $60.00/hour, in 2008 he expects to spend 5.2 hours/bridge @ $60.00/hour.
This proposal does not include underwater bridges.
Tom Chamberlin moved and John Zentz seconded the motion to approve Phase 1 and Phase 2 of the bridge inspection contract with Strang and Associates. Motion carried 3-0.
Notice to Proceed:
Neal presented a letter addressed to Bruno Canzian of INDOT, requesting permission to proceed with the bridge inspections of the county bridges under the National Bridge Inspection Program.
John Zentz moved and Tom Chamberlin seconded the motion to sign the letter to Bruno Canzian of INDOT requesting permission to proceed with bridge inspections. Motion carried 3-0.
DLZ Update:
Regarding Pine Road, no roundabout to be used. A rough draft of the corridor will be presented to the Commissioners the second week of April 2006.
INDOT Bridge Construction:
With regard to the Brock Ditch, located on Indiana 331 north of US 30, there is a pre- construction meeting scheduled for March 23, 2006. The Commissioners request that a lane be left open rather than a complete detour.
The Commissioners asked Neal to check on Ethanol and Bio Diesel fuel and their compatibility with the County’s highway vehicles.
JOHN OLIVER CEDIT/INVENTORY TAX ELIMINATION
John Oliver appeared before the Board to discuss the CEDIT Tax and the elimination of the Inventory Tax.
1. Regarding CEDIT: He stated that House Bill 1001 increases the Homestead Credit to 28%. He advised that the CEDIT imposition deadline has been extended from April 1, 2006 to June 1, 2006. If CEDIT were implemented on an allocated basis it would result in all county resident wage earners supporting the increase in property taxes in the City of Plymouth due to the elimination of the Inventory Tax.
He stated that in keeping good faith with County employees, the CEDIT should be passed, if passed at all, on a uniform basis and not to just supplement the residents of Plymouth who are most affected.
He quoted a letter from Judy Stone that says CEDIT is unfair to small business owners because they will get taxed twice, once as a business and again as an individual being paid from the business. In addition, small business will get no relief from CEDIT because they are not residential homesteads.
Mr. Oliver further recommended that the County identify the effects of recent legislation that raises the Homestead Credit to 28%. He suggests hiring Umbaugh and Associates to determine the effects of the additional credit on residential homeowners. It is possible the increase would be enough so that the CEDIT may not be needed.
2. Mr. Oliver said the County needs more Assessed Value growth through economic development. This would have a positive effect on property tax rates. He feels a CEDIT to promote economic development would be very beneficial. The counties surrounding Marshall County have done just that. He suggested Marshall County set up an Economic Development Commission or Committee with a paid director to sell what Marshall County has to offer.
Then CEDIT would be disbursed not only to the County but also to incorporated units, i.e. Plymouth, Bremen, Argos, Bourbon, and Culver and Lapaz.
3. Regarding the proposed airport expansion, Mr. Oliver suggests the Commissioners and Attorney Clevenger write a letter to the Aviation Board opposing the airport expansion and the subsequent closing of Lilac Road, or pass a resolution opposing the closure of Lilac Road.
Don Koontz stated that if Lilac Road was closed it will have an adverse effect on his business and would lower the value of his property.
Carl Stockberger also expressed his opposition to closing Lilac Road.
Phil Bockman said he and his neighbors are opposed to closing Lilac Road.
Chuck Ripley questioned why the airport is even in its present location. He stated is not speaking as a City Councilman.
Judy Stone stated she is opposed to the closing of Lilac Road.
Mike Bernero stated he is opposed to the closing of Lilac Road.
Jack Roose believes the location is wrong for the airport.
Commissioner Kevin Overmyer said the airport property could be used for economic development.
John Zentz moved and Tom Chamberlin seconded the motion to have Attorney James Clevenger draft a resolution regarding the County’s opposition to closing Lilac Road. Motion carried 3-0.
AUDITOR’S REPORT
Jan Quivey, Auditor appeared before to Board and presented the following:
Minutes:
The minutes from the March 6, 2006 regular Commissioner’s Meeting and the March 8, 2006 Special Public Meeting were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve both sets of minutes as presented. Motion carried 3-0.
Claims:
The mid-month claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
Low Termination Agreement:
The Low Termination Agreement was presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the termination agreement from Low. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project:
Annexation – Intergovernmental Agreement needs further revisions.
Objection to Common Construction Wage Public Hearing was held March 16, 2006. The Commissioners request that Attorney Clevenger write a letter to the Department of Local Government Finance requesting an expedited response to the hearing.
South Michigan Street Bridge:
Still trying to move the Intergovernmental Agreement with the City of Plymouth forward.
Processing Fee Reimbursement Ordinance:
Still working on this project.
Highway/Watson:
Received a letter from Ice-Miller Attorney requesting more specifics to Jim’s initial letter.
Community Resource Center Resolution:
Done earlier.
DLZ – 13th Road Bridge:
A contract in the amount of $258,850.00 was presented to the Commissioners for their review.
Jail Bonds:
Attorney Clevenger stated that Jail Bonds could be sold at a Public Sale or a Private Sale. He said the Commissioners need to decide which way they would like to do it. Todd Samuelson from Umbaugh and Associates can come to the April 3, 2006 Commissioner Meeting to give a brief presentation on both types of bond sales.
Todd Umbaugh will be scheduled at 8:30AM on April 3, 2006. Attorney Clevenger will advise him of the date and time.
TAC
Mike Bernero had questions on the Homestead Credit and Standard Deductions for 2006 pay 2007.
Harold Raynard asked if the bill passed that allows uncommitted CAGIT to be used for jail operations. The County Attorney said “yes”.
US Department of Agriculture Agreement:
Commissioner Overmyer signed the US Department of Agriculture Agreement amending the number of acres leased to Matthew Zahm on the Pine Road property.
Tom Chamberlin moved and John Zentz seconded the motion to have Commissioner Overmyer sign the US Department of Agriculture agreement amending the number of acres leased to Matthew Zahm. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, APRIL 3, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, April 3, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
TODD SAMUELSON – UMBAUGH & ASSOCIATES JAIL BONDS
Todd Samuelson from Umbaugh & Associates appeared before the Board to discuss and explain two (2) bond options available to Marshall County for the sale of bonds for the new Marshall County Jail. They are Competitive Bond Sales or Negotiated Bond Sales.
Competitive Bond Sales: Takes bids from underwriters to purchase bonds and sell them to bidders offering the lowest net interest rates. The County determines the size and other essential characteristics of the bond issue, prepares bond documents, obtains rating(s), and completes all other necessary tasks for issuance of bonds prior to soliciting bids.
Advantages: Opens up a competitive market; promotes the lowest interest rates through competition; provides incentive for each underwriter to submit the most aggressive bid at which it expects to be able to successfully market bonds to investors; promotes an open and fair process.
Disadvantages: It requires advertised notices on when the sale will occur – at least a 24 hour notice must be given; risk premium is built into the bids; less control over allocation of bonds.
Negotiated Bond Sales: An underwriting firm is selected in advance of the proposed sale date. The County and the underwriter engage in discussions regarding the amount of compensation.
Advantages: Greater incentive to engage in pre-sale marketing activities; flexibility concerning timing and structure of issue; can ensure that bonds are available to certain investor groups.
Disadvantages: Basis of underwriter selection and are you getting the best deal?
Pledged Revenues: CAGIT with Property Tax Backup – Currently the interest rates are volatile. Todd recommends a Competitive Sale because of volatility. With a large project, (13-15 million) buyers tend to be institutional buyers rather than individuals.
Bond Sales will occur by the end of April, pending the Department of Local Government Finance’s action on the Objection Petition. Todd will check on the status with the DLGF.
John Zentz moved and Tom Chamberlin seconded the motion to use the Competitive Bid Process for the sale of bonds for the new Marshall County Jail project. Motion carried 3-0.
CLYDE AVERY – EMA REPORT
Clyde Avery, EMA Director, appeared before the Board and presented the following to the Board:
Monthly Report for March 2006; Emergency Performance Grant – Sub-Grant Agreement that Commissioner Kevin Overmyer signed. This allows for an amount equal to one-half the EMAS Director’s annual salary to be reimbursed to the County. The amount is $14,565.04.
To date, Clyde has contacted officials in Bremen, Culver and Plymouth and given them the NIMS Compliance information. He plans to contact officials in Argos, Bourbon, and Lapaz this month. He wants to give each person time to digest the information and then he will contact them again and further explain their need to become compliant in order to receive federal and state grant funds through a resolution.
Clyde presented Resolution 2006-09 – A Resolution to Adopt the National Incident Management System and requested that the County adopt it.
Tom Chamberlin moved and John Zentz seconded the motion to pass Resolution 2006-09 – A Resolution to Adopt the National Incident Management System. Motion carried 3-0.
Elected Officials need to receive NIMS Training.
Clyde informed the Board that there are several “drills” coming up – LEPC, Health Department (Mass Prophylaxis drill) and one at the St. Joseph Regional Medical Center.
Commissioner Chamberlin asked if Clyde could submit his monthly report electronically prior to the Commissioner’s Meeting so they could review it.
ATTORNEY REPORT
Attorney James N. Clevenger presented the following to the Board:
Jail Project: Attorney Clevenger sent a letter to the Department of Local Government requesting a prompt order on the Objection Petition. A meeting with City Attorney Joseph Simanski regarding the Intergovernmental Agreement and Annexation will be set up.
Ordinance 2006-05: Retiree Medical Insurance was presented for second reading.
John Zentz moved and Tom Chamberlin seconded the motion to suspend the rules and pass Ordinance 2006-05 amending Ordinance 1998-06 regarding Retiree Medical Insurance on second and third readings. Motion carried 3-0.
Ordinance 2006-05 will be presented at the County Council Meeting scheduled for Monday, April 10, 2006.
Resolution 2006-06: Authoring the Submittal of the CFF Application to the Indiana Office of Rural Affairs and Addressing Related Matters was submitted for approval and signatures.
Resolution 2006-07: Resolution Restating the Marshall County Housing Policy was submitted for approval and signatures.
Resolution 2006-08: Regarding the Opposition to the Closing of Lilac Road was submitted for approval and signatures. (copies are to be mailed to the Plymouth Aviation Board and Plymouth Common Council).
Docuware Contract: The Docuware Contract for the Marshall County Health Department and Marshall County Prosecutor’s Office – the Company would not remove renewal provisions due to its contractual arrangements, but did agree to insert language requiring IRA to put the Auditor on notice of the renewal notice period.
Bridge 226 – South Michigan Street: Met with City Attorney, Joseph Simanski to review and revise the Intergovernmental Agreement. The City of Plymouth agrees to take on $58,000.00 of the design costs, leaving the County’s costs at $211,000.00.
Attorney Clevenger presented the DLZ Contract for approval and signatures. Bid letting is scheduled for January 2007 on this project.
The decision on whether or not to close the bridge during construction has yet to be determined.
Tom Chamberlin moved and John Zentz seconded the motion to approve the contract with DLZ for Bridge 226 over the Yellow River on South Michigan Street. Motion carried 3-0.
Bridge 89 – Over Yellow River on 13th Road:
Attorney Clevenger presented the DLZ Contract for approval and signatures. The maximum design costs for this project are $256,675.00.
It was requested that DLZ resolve any environmental issues.
John Zentz moved and Tom Chamberlin seconded the motion to approve the contract with DLZ for Bridge 89 over the Yellow River on 13th Road. Motion carried 3-0.
JAN FISHER REQUEST FOR SATURDAY OPENINGS FOR ABSENTEE VOTING
Jan Fisher, Clerk of the Circuit Court, presented the official listing of polling sites for the Board’s approval and gave a copy to Jan Quivey for publication in the newspaper.
Tom Chamberlin moved and John Zentz seconded the motion to approve the list of polling sites as presented. Motion carried 3-0.
Jan Fisher also requested permission keep the Clerk’s Office open from 8:00AM-3:00PM on April 22nd and 29th, 2006, the two (2) Saturday’s before the Primary Election Day, for absentee voting.
John Zentz moved and Tom Chamberlin seconded the motion to allow the Clerk’s Office to remain open from 8:00AM-3:00PM on April 22nd and April 29th, 2006 for absentee voting. Motion carried 3-0.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes from the March 20, 2006 Commissioner’s Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the minutes as presented. Motion carried 3-0.
Claims:
The monthly claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the claims as presented. Motion carried 3-0. EMA Grant:
Jan Quivey presented the EMA Grant for the reimbursement of one half of the Director’s salary. (this was the same grant discussed earlier by EMA Director Clyde Avery)
John Zentz moved and Tom Chamberlin seconded the motion to sign and submit the EMA Sub-Recipient Grant for reimbursement of one half of the EMA Director’s salary. Motion carried 3-0.
Paula Babcock, Deputy Auditor, requested the Commissioners sign a Letter of Understanding Unofficial Detour for INDOT regarding the small structure replacement over the Wilson Ditch on SR 10.
Tom Chamberlin moved and John Zentz seconded the motion to approve the unofficial detour and sign the Letter of Understanding Unofficial Detour for INDOT. Motion carried 3-0.
Paula Babcock presented an FMLA request for an employee of the Clerk’s Office.
Tom Chamberlin moved and John Zentz seconded the motion to approve the FMLA request for an employee in the Clerk’s Office. Motion carried 3-0.
Jan Quivey, Auditor, requested that the Commissioners make an appointment to the Common Construction Wage Committee for the reconstruction of the Soccer Field at Plymouth High School.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Tom Flynn to the Common Construction Wage Committee for the reconstruction of the Soccer Field at Plymouth High School. Motion carried 3-0.
Employee Performance Evaluation Proposal:
Jan Quivey, Auditor, distributed information and proposals from Carter Fitzgerald regarding her company and performance evaluations in general for the Commissioners to review and discuss at a later date. Ms. Fitzgerald had previously given a presentation to the Personnel Committee at the request of Commissioner Overmyer.
Ms. Fitzgerald has agreed to attend a Commissioner’s Meeting to provide more details about the services she can offer Marshall County. In addition to employee performance evaluations she also offers compensation status as compared to other counties; provides wage scales; and an employee recognition system.
Ms. Fitzgerald has done work in Elkhart, Indiana and said that we could call Mayor Dave Miller for a reference.
TAC – PUBLIC COMMENT
Mike Bernero informed the Board that with regard to the Common Construction Wage he supports the ABC Common Construction Wage selection.
BILL SPENCER TRAFFIC CODES (ATV’S)
Bill Spencer, 1612 Kenwood Avenue, Plymouth, IN appeared before the Board to inquire on the status of his previous request that Marshall County adopt an ordinance for the use of ATV’s similar to the one used in Kosciusko County. Mr. Spencer distributed copies of the Kosciusko County ordinance when he last appeared before the Commissioners.
Commissioner Chamberlin previously forwarded copies of the Kosciusko County ordinance to Sgt. Relos and some other officers who responded to some of the issues they feel should be addressed in a Marshall County ordinance that differ from Kosciusko County’s ordinance.
Mr. Spencer said that off road tires wear down quickly on pavement and become unsafe. He stated that road vehicles should require different tires.
Attorney Clevenger will meet with Commissioner Chamberlin and prepare an ordinance addressing the issues that the Sheriff’s department presented. An ordinance will be presented at the next Commissioner’s Meeting.
HIGHWAY
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
United Telephone/SPRINT: Kenilworth, 17th , Linden, 17B, Maple, 17A, 15B and Nutmeg Roads between 17th Road and 14B Road, Green Township, staring at the intersection of Kenilworth and 17th Roads and running on the above mentioned roads to a point 150’ south of 14B Road on Nutmeg Road to place fiber optic cable from Argos to Plymouth for a diversified route as well as facilitating enhanced 911.
UTS submitted a check for $1,400.00 to cover the ½ mile increments at $100.00 each rather than submitting a permit for each ½ mile segment.
John Zentz moved and Tom Chamberlin seconded the motion to approve the permit request submitted by United Telephone for the installation of fiber optic cable. Motion carried 3-0.
Bio-Diesel, Ethanol:
Tom Gangloff of the Highway Department, informed Neal that some vehicles could use a 5-10% ethanol blend but not E85 because their current engines are not designed for that fuel.
Muckshaw Railroad Crossing:
Sandi Senor of MACOG, informed Neal that INDOT has control over railroad crossings, he will work with MACOG to see if something can be done.
New INDOT:
Neal informed the Board that more funding would be processed through INDOT’s LaPorte District office rather than through Indianapolis. These sub-district offices would be more familiar with the needs of their surrounding counties and can provide more local assistance.
MIKE BOYS REASSESSMENT TRENDING CONTRACT
Mike Boys, Assessor, appeared before the Board and presented the revised Trending Contract from Ed Bisch of Indiana Assessment Services from Rochester, IN for approval and signatures.
With regard to the question of a possible conflict of interest, because Ed Bisch is also under contract with the PTABOA for appeals, the Department of Local Government Finance sent a letter stating they saw no problem with that situation.
The contract cost is $51,680.00 ($1.52/parcel). In addition, $574.00 per working day could be charged if any unforeseen circumstances occur, i.e.: legislative changes.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Trending Contract from Indiana Assessment Services from Rochester, IN. Motion carried 3-0.
COMMISSIONER BUSINESS
Joe Hoffman, Construction Control, sent construction hard cost estimates -$12,827,609. A pre-bid meeting was held on March 29, 2006. There were 127 plans sent out to contractors on the new jail project. April 11, 2006 at 2:00PM is the deadline for submitting bids. After review of the bids by Attorney James N. Clevenger and Joe Hoffman, the bid selections will be made April 17, 2006 at the regular Commissioner Meeting.
Rich Ulrich, Maintenance Supervisor, requested that Sherwin Williams paint be used on both the interior and exterior of the new jail.
Tom Chamberlin moved and John Zentz seconded the motion to ask for Sherwin Williams paint to be used for both the interior and exterior of the new Marshall County Correctional Facility. Motion carried 3-0.
Commissioner Overmyer recommended that the Solid Waste Office be made available to the Veteran’s Service Officer once the Solid Waste Department has moved out.
John Zentz moved and Tom Chamberlin seconded the motion to allow the Veteran’s Service Officer move into the Solid Waste Office once they have moved out. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, APRIL 17, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, April 17, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and Deputy Auditor, Paula Babcock was also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
JIM STAPAN MEDAL PRESENTATION
Jim Stapan, Veteran’s Service Officer for Marshall County along with Celina Weatherwax, Representing Senator Lugar presented medals to the following veterans:
Fred Chupp Michael Hutnik Francis P. Widener Iley C. Riley Michael T. Erpelding Troy L. Pittman (for deceased father) Lester Mansfield Betty J. Stockberger Tom Maxwell
Gary Flagg, Carl Brock and Joseph Enders and Jimmy L. Griffin were unable to attend, and their medals will be mailed to them.
Celina Weatherwax expressed her appreciation for the honor and opportunity to present medals to all the veterans and thanked them for their service to our county.
Commissioner Overmyer thanked Jim Stapan for coordinating the medal presentation and asked that everyone give the veterans a standing ovation.
AUDITOR’S REPORT
Paula Babcock Deputy Auditor presented the following to the Board:
Minutes:
The minutes from the April 3, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the April 3, 2006 Commissioner Meeting Minutes as presented. Motion carried 3-0.
1 Claims:
The mid month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid month claims as presented. Motion carried 3-0.
Carter Fitzgerald:
Paula Babcock, Deputy Auditor asked the Commissioners if they had an opportunity to review the Consulting Proposal submitted by Carter Fitzgerald. They advised they had not yet reviewed the proposal. A decision will come at a later meeting.
Historical Museum Appraisals:
Paula Babcock, Deputy Auditor informed the Commissioners that appraisals for the Museum Expansion Project were received and are in the Auditor’s Office.
Ralph Lauver, South Bend 119 North Michigan Street $125,000.00 121 North Michigan Street $130,000.00
Rick Pitts, Granger, IN 119 North Michigan Street $125,000.00 121 North Michigan Street $130,000.00
RALPH BOOKER VACATION OF ALLEY
Ralph Booker, Plan Commissioner, appeared before the Board to present Ordinance 2006-06 requesting a vacation of an unnamed right of way between lots 3 and 6, Block 4 in the original plat of the Village of Tyner in Section 10, Township 34 North, Range 1 East in Marshall County, Indiana. The Marshall County Plan Commission did review this petition and gave it a favorable recommendation.
John Zentz moved and Tom Chamberlin seconded the motion to pass Ordinance Number 2006-06 on the first reading. Motion carried 3-0.
This will be presented for 2nd and 3rd reading at the May 1, 2006 Commissioner Meeting. Ralph Booker is asked to appear at 9:15AM on May 1, 2006.
2 ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project:
The final determination report from the DLGF was received, still waiting for the signed copy.
Bids were opened on April 11, 2006 at 2:00PM. Joe Hoffman, of Construction Control and Attorney Clevenger have reviewed them. Comments regarding the bids were relayed to Commissioner Chamberlin. The Board can determine an award subject to financing.
The Board was asked if they wanted to make an exception for site work if a contract for that alone could be done provided there was money available to cover such a contract. The Board decided there would be enough money in the Special CAGIT fund to proceed with site excavation, however, this needs to be discussed.
The bond sale timetable is on schedule – paperwork and other approvals are ready for the May 1st Commissioner’s meeting assuming the State of Indiana clarifies concerns with HB 1001 problematic language. Umbaugh could begin selling bonds during the first week of May with the closing tentatively set for May 18th at which time the County will have all bond proceeds and can give all contracts notice to proceed.
Annexation Agreement – A meeting was scheduled with the City Attorney Joseph Simanski on Friday, April 14, however it was cancelled and should be rescheduled early this week.
Title Insurance – Local companies have been asked to have bids ready for the May 1st Commissioner meeting. Title Insurance needs to be awarded at that meeting to avoid delays in the project.
Bridge 226 South Michigan Street and Bridge 89 13th Road:
DLZ contacts were signed at the last Commissioner’s meeting. Still waiting to meet with City of Plymouth Attorney regarding the Intergovernmental Agreement.
Bridge Inspections:
Mike Strang provided a letter indicating that he has insurance coverage for some things and was covered previously by the County as any other part-time employee. The concern was with Worker’s Compensation. Paula Babcock will look into the matter.
Commissioner Zentz felt the County would be better off if Mike Strang was a contract employee rather than a part-time county employee. He asked Attorney Clevenger to
3 research the situation. Eighty percent (80%) of Mike Strang’s salary is reimbursed by the State of Indiana.
Off Road Vehicles Ordinance:
An Off Road Vehicle Ordinance draft has been prepared and will be given to the Commissioners for their review.
Gasoline Distribution:
A draft agreement for the distribution of gasoline to the Marshall-Starke Development Center and the Council on Aging was discussed. It is based on an agreement used in Hendricks County that also includes a 1% administrative fee. A copy will be provided to the Commissioners for their review.
Representatives from those agencies will attend the May 1st Commissioner Meeting.
Tort Claims:
Kevin Caston – Bob Keene, Attorney for the County’s insurance company, has scheduled a deposition in Hammond, IN for June 29, 2006.
Kurtz claim was settled for a nuisance value rather than paying an attorney to go to court.
HIGHWAY
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Notice to Proceed for Bridge 226 and 89:
Neal requested an “official” notice to proceed from the Commissioners on Bridge 226 and Bridge 89.
John Zentz moved and Tom Chamberlin seconded the motion to give Neal an official notice to proceed on Bridge 226 and Bridge 89 projects. Motion carried 3-0.
Culver’s Triathlon:
The Culver Kiwanis Club is sponsoring a triathlon on July 9, 2006. They have asked the Marshall County Highway Department to place signs around the lake similar to what is done in Plymouth for the Blueberry races.
4 Muckshaw Railroad Crossing:
Neal stated that the Muckshaw Railroad Crossing did meet the criteria for crossing lights. Sandi Seanor, from MACOG will send a letter to Steve Hull at INDOT to help facilitate the process.
Commissioner Zentz asked how far from the road right-of-way do the farmers have to be? Neal stated farmers plant up to ten feet from the edge of the roadway on some roads, heavier traveled roads are a greater distance from the edge of the roadway.
JAIL BIDS
Jack Krause, Construction Control, Inc; Mark VanAllen, RQAW; and Kurt Pletcher from Umbaugh and Associates appeared before the Board to present the schedule of estimated project costs and funding for the Marshall County Jail Project.
Jack Krause presented a Summary of Recommended Bidders Base Bids with Alternate 1 to the Commissioners. He explained each section and answered questions. The final project is over by $254,710.00. Mr. Krause explained that part of the increase was due to the gray panel precast and steel prices. He asked the Commissioners to award bids to the lowest bidders for Alternate 1.
Due to time constraints and the weather, it was suggested the Commissioners give permission to begin site preparation and purchase shop drawings as soon as possible. These costs could be paid from the Special CAGIT monies. (The CAGIT fund currently has a balance of $1,704,326.18 with an additional distribution to be received in May)
Kurt Pletcher explained the construction cost difference and stated he was satisfied with the contingency percentage. An amortization schedule, in the amount of the bond sales was presented showing a total interest earned of $ 9,086,344.47 on bond sales of $ 15,335,000.00 for a total cost of $ 24,421,344.47 by February 1, 2027, based on current interest rates. The County will begin selling bonds in the amount of $15,335,000.00 on May 4, 2006. The DLGF has approved bond sales up to $15,500,000.00.
Tom Chamberlin moved and John Zentz seconded the motion to accept the Summary of Recommended Bidders Base Bids with Alternate 1 in the amount of $13,781,225.00 with the approval of financing. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to approve the purchase of shop drawings at a cost of $91,200.00, to be paid from Special CAGIT, subject to approval by the Marshall County Council. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to set aside $75,000.00 for site work to begin as soon as possible, pending approval by the Marshall County Council. Motion carried 3-0.
5 Construction Control, Inc. will send a letter of award to each company and forward a copy to the Auditor’s Office.
Mike Bernero asked Kurt Pletcher if the funding costs for marketing the bonds is the same.
Judy Stone asked if the jail committee would still have a meeting on the soft costs, and Commissioner Chamberlin said yes, as soon as he gets a list.
Jack Roose asked about the 40’ x 60’ pole barn, Commissioner Chamberlin explained it would be divided in half, part for dry storage and the other evidence storage.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
6 MONDAY, MAY 1, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, May 1, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
Commissioner Overmyer requested that everyone stand for a moment of silent meditation in memory of Jerry Greenlee who recently passed away. Mr. Greenlee will be missed.
JACKIE WRIGHT/MIKE LINTNER REQUEST TO PURCHASE GASOLINE FROM THE COUNTY
Jackie Wright, representing Older Adult Services and Mike Lintner, representing Marshall Starke Development Center appeared before the Board to request permission for their respective organizations to purchase gasoline from the County at the bulk rate savings.
Marshall Starke Development Center currently uses 2700 gallons per month providing services to their clients in Marshall County.
Older Adult Services uses 400 gallons per month providing transportation for the elderly and handicapped residents of Marshall County.
Both Ms. Wright and Mr. Lintner informed the Board that consideration of their request would be greatly appreciated and Mr. Lintner offered to pay an administration fee to the County.
Commissioner Zentz stated he would like to help them out.
Commissioner Overmyer also expressed interest is helping, but is concerned that other agencies that the County provides funding to may request the same assistance. He wants to take a look at the agreement before making a decision.
Tom Chamberlin moved and John Zentz seconded the motion to table the request pending further review. This matter will be acted upon at the next Commissioner Meeting on May 15, 2006. Motion carried 3-0.
FMLA REQUEST
Paula Babcock, Deputy Auditor presented an FMLA request for an employee in the Probation Department.
John Zentz moved and Tom Chamberlin seconded the motion to approve the FMLA request presented for an employee in the Probation Department. Motion carried 3-0.
PENNY LUKENBILL REQUEST TO DO TAX REFUND
Penny Lukenbill, Marshall County Treasurer, appeared before the Board to request permission to expedite a claim, in the amount of $778.36, for a tax refund to a taxpayer who paid a tax bill that wasn’t theirs to pay. The error was the County’s fault. This claim will be advertised in the June legal ad.
Tom Chamberlin moved and John Zentz seconded the motion to grant the request to pay the refund request and advertise it in the June legal ad. Motion carried 3-0.
Penny Lukenbill also asked the Board to issue a reminder to department heads that the north and south parking lots are limited to 45 minute parking for county business not for employee parking.
John Zentz moved and Tom Chamberlin seconded the motion to ask Rich Ulrich, Maintenance Supervisor, to monitor the north and south parking lots and take the appropriate action as needed for violators. Motion carried 3-0.
JIM STAPAN REQUEST FOR FAX NUMBER
Jim Stapan, Veteran’s Service Officer, appeared before the Board to request a fax line for his new office. He informed the board that the infrastructure is in place and he just needs a number. He indicted that having a fax machine in his office would save a considerable amount of time for him.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request for a fax line to be installed in the Veteran’s Service Office provided the infrastructure is already in place. Motion carried 3-0.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following for approval and signatures:
Minutes:
The minutes from the April 17, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the April 17, 2006 Commissioner Meeting Minutes. Motion carried 3-0.
Claims:
The claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the claims as submitted. Motion carried 3-0.
Carter Fitzgerald:
Jan Quivey asked the Board is they had an opportunity to review the information and proposal from Carter Fitzgerald regarding Performance Evaluations? The Board requested that Ms. Fitzgerald appear at the next Commissioner’s Meeting on May 15, 2006 to give a twenty- minute presentation.
RALPH BOOKER - ALLEY VACATION
Ralph Booker, Plan Director, appeared before the Board to present Ordinance 2006-06 Vacating all of an Unnamed right-of-Way Between Lots 3 & 6, Block 4 in the Original Plat of the Village of Tyner in Section 10, Township 34 North, Range 1 East in Marshall County, Indiana on 2nd and 3rd readings.
Tom Chamberlin moved and John Zentz seconded the motion to suspended the rules and approve Ordinance 2006-06, vacating the alley in Tyner on 2nd and 3rd readings. Motion carried 3-0.
SHERRIE DANIEL TOWN HALL MEETINGS
Sherrie Daniel, Local Public Health Coordinator, appeared before the Board to inform them of two upcoming Town Meetings on Pandemic Influenza and Disaster Preparedness. The first Town Meeting will be held on May 16, 2006 at 7:00PM at the Bremen High School and the second is scheduled for May 18, 2006 at 7:00PM at the Plymouth High School.
Elected Officials are required to attend a training session scheduled for May 10, 2006 at 8:00AM in Room 307 of the County Building. The Health Department, EMA and Red Cross will be involved in the training process.
A Pandemic Influenza Exercise has been set for July 6, 2006. Further information on location and time will come at a later date. Several counties are involved locally including: St. Joseph, Kosciusko, Starke and Elkhart.
HIGHWAY REPORT
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts:
AT & T: 2434 East Shore Drive, Union Township, Culver, IN, a road bore to place buried cable.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road bore request from AT & T. Motion carried 3-0.
NIPSCO: 18840 Fir Road between 19th Road and 18B Road, Walnut Township, a road bore for a single phase electric extension.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road bore request from NIPSCO. Motion carried 3-0.
SPRINT/UTS: Glen Overmyer Drive/Olive Trail/West 14th B Road and Nutmeg Road between the Plymouth City Limits and 200’ south on Nutmeg Road, Center and Green Townships to buy 6.4 miles of fiber optic cable to provide service upgrades between Plymouth and Argos.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut request from SPRINT/UTS. Motion carried 3-0.
Annual Report:
Neal presented the 2005Annual Report to the Board for their review and consideration. After review a decision on whether to accept the 2005 Annual Report will be made at the next Commissioner’s Meeting on May 15, 2006.
DLZ:
A meeting has occurred with DLZ, Larry Fisher and Neal Haeck regarding drainage and a separate meeting with DLZ, Neal Haeck and INDOT on the Pine Road Project.
The Board asked Neal how many gallons of bulk fuel he purchases, the costs, and frequency. He advised that he normally purchases between 7,500 and 8,000 gallons every five to six weeks. His last purchase cost $2.42 per gallon. He will provide a complete report at the next Commissioner meeting.
Neal advised that the summer mowing crew was hired, however, a he is still in need of a supervisor.
Gravel Road:
Bruce Smith, Redwood Road, Plymouth, requested to have a one-mile section of Rose Road paved. There are five houses on that section of road and if it were paved it could be further developed. He understands the County’s financial situation and asked if the Board had ever considered implementing a “Wheel Tax” to offset the loss in gasoline tax and assist in upgrading the roads in Marshall County? The Board informed Mr. Smith that the implementation of any new tax would be a County Council function.
BILL KEYSER COMMON CONSTRUCTION WAGE APPOINTMENT
Bill Keyser, Bourbon, appeared before the Board to request an appointment to the Common Construction Wage Committee for the Town of Bourbon – Sewage Treatment Project which has a cost exceeding $150,000.00.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Terry Clemens to the Town of Bourbon Common Construction Wage Committee. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project Report:
Todd Samuelson, Umbaugh and Associates, appeared before the Board to review financing and present Resolution 2006-10 – Lease Rental Bonds for the Jail Project, for consideration.
Regarding financing – Resolution 2006-10 is presented for consideration which:
1. Authorizes sale of bonds; 2. Continuing disclosure-undertaking agreement will be approved in form only. (Requiring annual disclosures to bond purchases) 3. Amendment to Lease –original lease was January 2008 – Amendment is a matter of timing to move back rental the initial payment for 6 months to July 2008. 4. Approves the sale of the real estate from the County to the Holding Corporation. A questions arose concerning the farm ground portion of the Jail property the County currently leases and if this would go through the Holding Corporation. The opinion was it likely would.
Todd Samuelson then presented a letter from Lake City Bank offering their services to serve as Trustee, Registrar and Paying Agent for the Marshall County Jail Bond Issue for fees of: Acceptance Fee (a 1 time fee) of $850.00 and an Annual Fee of $750.00.
Tom Chamberlin moved and John Zentz seconded the motion to pass Resolution 2006-10. Motion carried 3-0.
The Original Lease and the Amended Lease will be recorded on the day of closing.
Tom Chamberlin moved and John Zentz seconded the motion to accept and have Commissioner President, Kevin Overmyer, sign the Preliminary Official Statement. Motion carried 3-0.
Bridge Inspections:
Attorney Clevenger presented an INDOT document to be signed called Bridge Inspection and Consultant Services that states Marshall County will comply with a Drug Free Workplace and other items.
Tom Chamberlin moved and John Zentz seconded the motion to accept INDOT’s County/State Agreement for Bridge Inspection and Consultant Services. Motion carried 3-0.
Bridge 226 South Michigan Street:
A meeting with Mayor Cook and City Attorney, Joseph Simanski is scheduled for Thursday, May 4, 2006 at 1:30PM to review and revise the Intergovernmental Agreement. The Commissioners would like to keep the bridge open during construction. Attorney Clevenger will try to get some figures from DLZ regarding the extra costs involved. A revised Intergovernmental Agreement with additional costs will be required.
Commissioners Zentz and Overmyer asked that consideration be given to the future development on both Pine Road and Jim Neu Drive and perhaps utilities could be expanded during the current Pine Road project.
Title Insurance:
Attorney Clevenger received four (4) bids for Title Insurance on the Jail Project. The bids were as follows:
1. McKesson Title Corporation $0.60/thousand on $15,335,000 - $9,101.00 2. Meridian Title - $500.00 search and extra fee and $0.75/thousand 3. Marshall County Title $4,907.00 4. Metropolitan Title $8,140.00
Tom Chamberlin moved and John Zentz seconded the motion to accept the bid from Marshall County Title in the amount of $4,907.00 for title insurance on the jail project. Motion carried 3-0.
Off Road Vehicle Ordinance:
Attorney Clevenger presented a draft copy of an Off Road Vehicle Ordinance for the Boards review and consideration. After some discussion it was decided that a Public Hearing should be held to allow the citizens to voice their opinions. The Public Hearing is scheduled for the June 5, 2006 Commissioner Meeting.
Dams:
The Department of Homeland Security has sent a letter requesting the number of dams in Marshall County. Attorney Clevenger plans to contact the Department of Homeland Security to find out to which dam/dams they are referring.
Bremen School Common Construction Wage Committee:
Attorney Harold (Sonny) Wyland has requested that the Board appoint a member to the Common Construction Wage Committee for Bremen Elementary School and Bremen High School.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Richard Kline to the Common Construction Wage Committee for Bremen Elementary School and Bremen High School. Motion carried 3-0.
U.S. Abrasives Real Estate:
Attorney Clevenger submitted a new proposal from Midwest Blast regarding the purchase of the U.S. Abrasives property in Tippecanoe. Their offer is in exchange for forgiving the delinquent property taxes in the amount of $179,594.24, they will clean up the property and give a portion of it back to the County. Attorney Clevenger will investigate how the County can take over the property and sell it themselves.
TAC
Judy Stone asked if the Commissioners took possession of the U.S. Abrasives property and sold it, could they request a mandatory bond to insure that the new owners cleaned up the property?
John Zentz moved and Tom Chamberlin seconded the motion to remove EMA Director, Clyde Avery from his probationary status to full pay at the completion of his 90-day probationary period. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, MAY 15, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:40AM, Monday, May 15, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
MICHAEL KUMMETH -DLZ PRESENTATION
Pine Road:
Michael Kummeth, DLZ, appeared before the Board and presented a drawing on the proposed changes to Pine Road. Pine Road will consist of three (3) lanes between Miller Drive and Jim Neu Drive and 3 lane to Lincoln Highway. There will be a conventional intersection at Lincoln Highway that will have a two-way stop, with the stop sign being on Lincoln Highway and Pine Road being the through road. Mr. Kummeth explained there would be very little grade change on Lincoln Highway. There will be a grade cut on Pine Road just north of Lincoln Highway plus a low spot that will be built up on Pine Road to follow Federal Standards. Pine Road will be reduced to two (2) lanes south of Lincoln Highway.
There was some discussion on purchasing additional land to include a bike trail. Michael Kummeth suggested purchasing the right-of-way for the bike trail project but keeping it separated from the Pine Road project. A sixteen (16) foot right-of-way is required for a third lane and an additional ten (10) feet is needed to add the bike trail.
Mr. Kummeth said a third lane might never be needed if access is limited. All one would need in that case is a right and left turn lane. (access roads and turn lanes could be installed by the developer and not at the County’s expense)
Pine Road at State Road 17 would require a ten (10) foot cut – INDOT stated that the intersection does not warrant a traffic light but suggests that it be lighted.
At Pine Road and Lincoln Highway a two-way stop sign would be installed now, a four- way stop sign later followed by a traffic light if needed in the future. This is a twenty (20) year plan. A roundabout could be installed now and that would take care of all the needs for the next twenty (20) years.
DLZ is currently drafting a grade review plan. This would not affect the decision on a roundabout. A decision regarding a standard intersection vs. a roundabout would need to be made in a couple of months. The Board requested that Michael Kummeth have their roundabout expert come to a meeting to provide greater understanding.
John Stone says when Route 1A was selected, it was stated there would not be a roundabout. He favors a four-way stop at Lincoln Highway and Pine Road.
Jack Roose asked if the expense of a roundabout would be covered 80% by the Federal Government? He was told that if that was part of the project it would be covered provided the project did not go over budget.
Commissioner Chamberlin says a roundabout would probably be safer than a four-way stop, but he has concerns over requiring more property and at the previous Public Hearing it was stated a conventional intersection would be installed.
Commissioner Overmyer feels the Board made a commitment to a conventional intersection and should stick with it unless another Public Hearing would show otherwise. Commissioner Zentz would favor a roundabout only if it could support commercial traffic.
Bridge 226 – South Michigan Street:
After inspection, Bridge 226 was found to be in better condition than originally thought therefore the $1,000,000.00 project will be within budget allowing accommodations to some of the City of Plymouth’s issues. Leaving the bridge open during construction will cost an additional $160,000.00 and installing a water main across the bridge will be an additional $125,000.00. Construction was scheduled to begin in the spring/summer of 2007, however it may be moved to after Labor Day to avoid problems with the Blueberry Festival race.
Bridge 89 – 13th Road:
The fieldwork survey was completed last week. The project is proceeding, but work has been delayed due to the heavy rain.
HIGHWAY
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cut:
Indiana Michigan Power Company – Cramer Drive, south of Tyler Road and west of McCollough Road, North Township, approximately 230 feet south of Tyler Road and approximately 500 feet west of McCollough Drive at Lancer Estates in the Smith Cramer Minor Subdivision to replace underground service to 26 Cramer Drive.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut request from Indiana Michigan Power Company. Motion carried 3-0.
2005 Annual Highway Operational Report:
Neal asked the Board to approve the 2005 Annual Highway Operational Report that he submitted at the May 1, 2006 Commissioner’s Meeting.
John Zentz moved and Tom Chamberlin seconded the motion to approve and signed the 2005 Annual Highway Operational Report. Motion carried 3-0.
MVH Distributions Comparisons:
Neal presented a chart showing the MVH Distributions from 2002 to 2006.
LRAS Distribution Comparisons:
Neal presented a chart showing the LRAS Distributions from 2003 to 2006.
Both the MVH and LRAS figures were down from 2005.
Fuel Comparisons:
Neal presented a chart showing savings through bulk purchase of unleaded gas and diesel fuel from 2003 to April 2006. The total savings has been $145,082.64. The diesel savings to date in 2006 equal $13,080.00 and unleaded is $10,960.00. Even with the initial purchase of the fuel tanks, Marshall County has saved $98,902.64 since 2003.
Road Program:
Neal advised the Commissioners that a tentative Road Program was in their mailboxes. Petroleum based road maintenance materials have gone up significantly since last fall. This greatly affects the scope of the Road Program for 2006.
RALPH BOOKER – CAFO STANDARDS PLAN COMMISSION ADMINISTRATIVE FEES
Ordinance 2006-07:
Ralph Booker, Plan Commission Director, appeared before the Board to present Ordinance 2006-07 – An Ordinance Amending Ordinance No. 1000, Commonly known as “The Marshall County Zoning Ordinance”, As Amended Regarding Concentrated Animal Feeding Operations (CAFO) for first reading. He informed the Board that the Plan Commission passed this Ordinance on April 27, 2006 by a vote of 9-0.
Commissioner Zentz asked if the 1320 feet setback was from the CAFO facility to the property line or to the nearest residence? Ralph Booker explained that it was 1320 feet from the facility to the nearest residence, not the property line. Commissioner Zentz said he is opposed to this because people that build houses in the country feel it is residential. Ralph advised that the area is zone agricultural, not residential and as long as zoning remains unchanged then CAFO facilities are legal.
In addition to set back requirements, there are required IDEM permits and odor control practices and technologies that must be followed.
Commissioner Zentz moved to return Ordinance 2006-07 back to the Plan Commission to change item 437.9 Minimum setbacks from 1320 feet from the residence to 1320 feet from the property line.
Dennis Thornton, 590 Juniper Road, Bremen, IN stated he objected to the CAFO Ordinance.
Judy Stone, Muckshaw Road, Plymouth, IN also stated her objection to the ordinance.
Motion died for lack of a second and was withdrawn by Commissioner Zentz.
Commissioner Overmyer would like to look at Clinton County’s ordinance again and perhaps have a tiered system based on the size of the operation. The effects of grain trucks and livestock trucks were also discussed. Commissioner Overmyer feels this issue needs to go back to the CAFO Committee and the Rewrite Committee.
Dennis Thornton asked the Commissioners to take a look at the Confined Dairy Operation proposed in St. Joseph County. Mr. Thornton will discuss this further at the June 5, 2006 Commissioner Meeting.
The Board asked Ralph to look at the setback requirements, perhaps it should be increased. They also suggested looking at road use and operation size.
John Zentz moved to withdraw his previous motion.
John Zentz moved and Tom Chamberlin seconded the motion to table Ordinance 2006-07 and send it back to the CAFO and Rewrite Committees for further discussion. Motion carried 3-0.
Ordinance 2006-08:
Ralph Booker presented Ordinance 2006-08 – Amending Ordinance1000, Commonly Known as “The Marshall County Zoning Ordinance”, as Amended, Regarding Application Fees. Ralph explained that he feels the costs to the County are greater and the fees need to be increased to offset those costs.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing. Motion carried 3-0. There being no comment
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass on first reading, Ordinance 2006-08 amending the application fees. Motion carried 3-0.
Judy Stone asked if the County could take back the two-mile zone from the City of Plymouth? Ralph said the City would have to ask for it to be rescinded. Ralph also said the City’s doubling of building permit fees within the two-mile zone is not right.
DENNIS ELLIOTT BUILDING PERMIT FEES
Dennis Elliott, Building Inspector, appeared before the Board to present Ordinance 2006- 09, Amending Ordinance No. 2003-03, Commonly Known as “The Building Code Ordinance of Marshall County”, as Amended, Regarding Improvements/Location Permit and Building Permit Fees. Additional fees for electrical and plumbing inspections and for re-inspection of buildings over 200 square feet have been added. There is no change in the building permit fee
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing. Motion carried 3-0. There being no comment
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass on first reading, Ordinance 2006-09 increasing building inspection fees. Motion carried 3-0.
RICH ULRICH CLEANING SERVICES CONTRACT
Rich Ulrich, Maintenance Supervisor, appeared before the board to request terminating ES Cleaning Services effective June 30, 2006 and entering into a contract with Commercial Clean of Plymouth, Inc. effective July 1, 2006. Commercial Clean of Plymouth, Inc. will be responsible for cleaning the Marshall County Building, Marshall County Highway Building and the Marshall County Museum. John Zentz moved and Tom Chamberlin seconded the motion to terminate the services of ES Cleaning and approve the contract with Commercial Clean of Plymouth, Inc. in the amount of $1,419.50 biweekly, for cleaning the Marshall County Building, Marshall County Highway Building and the Marshall County Museum. This change will take effective July 1, 2006. Motion carried 3-0.
MARSHALL-STARKE DEVELOPMENT AND OLDER ADULT SERVICES
Mike Lintner, representing Marshall-Starke Development and Jackie Wright, representing Older Adult Services returned to find out the status of their request to purchase bulk fuel from the County.
Commissioner Chamberlin said that perhaps an increase in the contribution to each agency at budget time would be a more viable option than allowing the purchase of gasoline at the County Highway Department at a bulk discount rate.
Mr. Lintner said that extra funding would have the same effect, Jackie Wright agreed with him.
Commissioner Chamberlin asked both Mr. Lintner and Ms. Wright to provide in writing their gasoline needs and that information could be used at budget time.
CLYDE AVERY – EMA GRANT APPROPRIATIONS
Clyde Avery, EMA Director, appeared before the Board to advise that grants in the amount of $130,646.80 have been awarded to Marshall County. The money will be used to purchase Automated External Defibrillators; Identification System; Incident management Tracking System; Mobile Date Information/Communication Terminals; Resource/Volunteer Tracking System; Self Contained Breathing Apparatus and Communications Interoperability. The downside is that the County must expend the money initially and then be reimbursed by the State once invoices are received, supposedly within a two (2) week timeframe.
Clyde will approach the Council and would like to appropriate all the monies through the County for the various agencies, the County would then receive the reimbursements. The agencies involved are: EMA; Tippecanoe; Plymouth Police Department; Plymouth Water Department and Marshall County Maintenance.
Tom Chamberlin moved and John Zentz seconded the motion to support Clyde Avery in his request to the Council for upfront funding for grant reimbursement from the SHSP Grant and LETPP Grant. Motion carried 3-0.
Clyde also advised the Board that June 19, 2006 from 1:00-4:00PM in room 307 the NIMS training will take place.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Title Insurance: Thank you letters were sent to the local title companies for bidding on the Jail Project.
Jail Project:
Todd Samuelson, from Umbaugh and Associates presented a packet explaining the recent Bond Sale that was held on Wednesday, May 10, 2006. He indicated that it went very well. A.E. Edwards was the winning bidder with a net interest rate of 4.595, which was $210,000.00 under the original estimates. Umbaugh and Associates was able to negotiate an additional $23,000.00 reduction to equalize bond payments making a total of $230,000.00 to $235,000.00 under estimates. The closing will be on May 25, 2006.
The Annual Lease Payment is $1,215,000.00, which is $110,000.00 below the maximum allowed lease of $1,325,000.00.
Mr. Samuelson also said that Marshall County received an A+ rating from Standard & Poor’s. Bond Insurance because of a Triple A rating will be $115,000.00.
The estimated budget soft costs are down because of better interest rates and interest not capitalized.
Annexation:
The Annexation agreement between the City of Plymouth and the County is still pending.
Bridge 226 – South Michigan Street:
A meeting with Mayor Cook and City Attorney Joseph Simanski was held regarding extra costs for keeping the bridge open during construction. This is still being worked on.
Off Road Vehicles:
A Public Hearing is scheduled for June 5, 2006 at 10:00AM during the Commissioner’s Meeting.
U.S. Abrasives Real Estate:
Still investigating.
Common Construction Wage Committee:
Received a letter from the Department of Labor regarding the Common Construction Wage Committee requesting that we identify wages for the following categories: skilled; semi-skilled; and unskilled laborers. AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes for the May 1, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the May 1, 2006 Commissioner Minutes as presented. Motion carried 3-0.
Claims:
The mid-month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
TAC
Mike Bernero asked why Court Ordered Claims were not approved? He was told they must be paid anyway. Commissioner Zentz said it is also a moment of protest.
Judy Stone asked if the Blueberry Stomp route could be changed if the Michigan Street Bridge closing was an issue? Commissioner Chamberlin said that the logistics have been worked out and any change would not be good. The police, fire and emergency personal must know where every runner is during the race to avoid any delays in handling emergencies, etc.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor MONDAY, JUNE 5, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, June 5, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
WES BURDEN – HEALTH DEPT FEE ORDINANCE 2006-10 PUBLIC HEARING
Wes Burden of the Health Department appeared before the board to request the passage of an ordinance allowing fees to be charged to offset the cost of vaccines for adults (persons 20 years of age and up) that are currently given at the health department. The ordinance will allow for the health department to collect for the cost of the vaccine plus 10% rounded up to the nearest dollar for all vaccines and tests.
Some of the changes include:
Food Service Area – temporary food service establishment fee is lowered from $50.00 to $25.00 for a one-day permit;
Environmental Health Services – water, air or other environmental tests will be charged the cost of the test, shipping and an administrative fee of $15.00;
Vital Records – birth certificates are $5.00 each; death certificates $5.00 each; other records are based on a graduated scale.
John Zentz moved and Tom Chamberlin seconded the motion to open the Public Hearing for the Health Department Fee Ordinance 2006-10. Motion carried 3-0.
Wes was asked if the ordinance had been distributed to the public. He said there were copies available in his office for the public.
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to approve Ordinance 2006-10 – regarding Health Department Setting Fees for services on first reading. Motion carried 3-0.
1 Commissioner Chamberlin mentioned he had discussed with Wes a problem of sewage leaking from an apartment complex at Pretty Lake. Wes said he is attempting to make contact with the owner, but only has reached him via voice mail at this point.
DENNIS ELLIOTT – BUILDING DEPT. ORDINANCE 2006-09
Dennis Elliott, Marshall County Building Inspector, appeared before the Board to present Ordinance 2006-09, an ordinance amending Ordinance Number 2003-03, Commonly Known as “The Building Code Ordinance of Marshall County”, as Amended Regarding Improvements/Location Permit and Building Permit Fees, for final approval.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and approve Ordinance 2006-09 on second and third reading. Motion carried 3-0.
RALPH BOOKER – PLAN COMMISSION ORDINANCE 2006-08 – APPLICATION FEES DIGITAL RECORDING OF PUBLIC MEETINGS
Ralph Booker, Marshall County Plan Director, appeared before the board to present Ordinance 2006-08, an ordinance amending Ordinance Number 1000, Commonly Known as “The Marshall County Zoning Ordinance”, As Amended, Regarding Application Fees, for final approval.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and pass Ordinance 2006-08 on second and third reading. Motion carried 3-0.
Ralph Booker informed the Board that the recording machine currently being used by his department for recording minutes of the Plan Commission and BZA is broken – this machine was formerly used by the Commissioners and given to the Plan Commission when the Commissioners purchased a new one. Ralph indicated that he had to pay $700.00 for repairs last year and he feels a new, more updated recording device needs to be considered for purchase.
He presented, to the Board, specifications/costs on a digital recording system - FTR Reporter 2.2 and accessories from Word Systems, Inc. Through digital recording, the minutes from various meetings would be able to be put on our website for listening by anyone. This would eliminate the incompatibility we’ve experienced with citizens trying to listen to tapes from our machine on their home recorders.
John Zentz moved and Tom Chamberlin seconded the motion to allow Ralph to proceed with the purchase process of software, hardware and a lap top computer by taking his request to the Council. Motion carried 3-0.
The Board asked Ralph to look into the possibility of getting contributions from the departments who will be using the new digital equipment to assist with the purchase.
2 CLYDE AVERY – EMA REPORT
Clyde Avery, EMA Director appeared before the Board and presented his May 2006 report. He advised that the new Comprehensive Emergency Plan would be NIMS compliant. Clyde indicated that he has not had many agencies sign up for the NIMS training on June 19, 2006.
He also advised that the early warning systems for emergencies in Marshall County are inadequate, therefore he has arranged for a demonstration by American Signal Corporation for June 19, 2006 at noon in Room 307 – this is just before the NIMS training.
American Signal Corporation estimated that Marshall County would need ninety-five (95) sirens @ $18,000 each for a total of 1.7 million dollars. That number or sirens would cover the entire county.
Clyde also reminded everyone that there would be a Public Town Meeting on Pandemic Influenza and Disaster Preparedness on June 8, 2006 at 7:00PM at the Culver Academy Roberts Auditorium.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes from the May 15, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the May 15, 2006 Commissioner Minutes as presented. Motion carried 3-0.
Claims:
The monthly claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the June claims except for a Court Order. Motion carried 3-0.
Jan Quivey presented for signatures the report from the Superintendent of Public Instruction regarding interest earned in the Congressional School Fund.
John Zentz moved and Tom Chamberlin seconded the motion to approve and sign the report from the Superintendent of Public Instruction. Motion carried 3-0.
Jan Quivey will mail the report.
3 ROBERT ALOI KOONTZ LAKE SEWER ADVISORY COMMITTEE
Robert Aloi appeared before the Board and presented a letter stating that IDEM has signed the order for the formation of the Koontz Lake Sewer Advisory Committee. A board needs to be established within thirty days (30) after the formation is published. Mr. Aloi advised that the notice was published on May 25, 2006.
The Marshall County Commissioners and Marshall County Council each must make an appointment to the Koontz Lake Advisory Board. Other appointments will be made by the Oregon Township (1), Starke County Commissioners (2), Starke County Council (1), and the Walkerton Town Board President (1).
Tom Camire, Starke County Councilman was in attendance and hopes to be appointed the by the Starke County Council.
John Zentz moved and Tom Chamberlin seconded the motion to table making an appointment until their June 19, 2006 Commissioner Meeting. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project:
Bonds - The bond issue was closed on May 25, 2006. We should be getting a transcript from Bond Counsel soon.
Annexation Agreement – We have not received revisions from the City of Plymouth. The new agreement concerning bond requirements to obtain a building permit was sent to City Attorney Joseph Simanski.
Acknowledgement Agreement - Attorney Clevenger suggests that Marshall County sign an acknowledgement agreement stating that Marshall County will meet the City of Plymouth’s utility requirements regarding the new jail infrastructure study. Commissioner Chamberlin and Attorney Clevenger will attend the Monday night meeting at the City of Plymouth Chamber.
Tom Chamberlin moved and John Zentz seconded the motion to sign the acknowledgement agreement between Marshall County and the City of Plymouth regarding utility infrastructure for the new Marshall County Jail Facility. Motion carried 3-0.
Eckard Drainage & Sewer Agreement- The Eckard Drainage and Sewer Agreement is being worked on. Mr. Eckard requests an easement to tie into the city’s sewer line, in return, he will grant an easement for drainage to the County.
4 Construction Control – Is getting their contractors geared up. Copies of the Bonds will be kept in the Auditor’s Office. The originals will be maintained by Construction Control. Debbie VanBlaricom is working with Commissioner Chamberlin in making sure all the bills are being paid properly.
Bridge 226 – South Michigan Street – Attorney Clevenger revised the Intergovernmental Agreement concerning the City of Plymouth taking on a portion of the design and construction costs in the sum of $57,390.00. The parties agree to split the $150,000.00 additional cost to keep the bridge open during the construction period.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Intergovernmental Agreement with the City of Plymouth. Motion carried 3-0.
US Abrasives – Still investigating the new Midwest Blast purchase proposal.
TAC
Judy Stone asked if other quotes had been requested for recording meeting minutes. Jan Quivey advised that technology purchases are a little different than vehicles or copier purchases in that quotes are not required, especially when the cost is under $25,000.00.
PUBLIC HEARING – ATV ORDINANCE
John Zentz moved and Tom Chamberlin seconded the motion to open the Public Hearing on the ATV Ordinance. Motion carried 3-0.
Brian Kaser, Conservation Officer stated that his department is the lead organization dealing with ATV incidents. Currently Marshall County roads are closed to ATV use and Marshall County has just as much ATV road use as Kosciusko County, who has an ordinance in place. Even if an ordinance/law is established for Marshall County, allowing ATV’s on the roadway, Officer Kaser does not feel there would be any increase in accidents or complaints from what he sees now.
State Law requires that an operator of an ATV have a valid driver’s license to drive an ATV on a public road. Insurance, however, is not required.
Golf carts are not included under the ATV laws. Vehicles such Gators would be included under the law. Most tickets written on ATV’s are for no registration.
Bill Spencer, 1612 Kenwood Road, Plymouth, Indiana, would like to have the ordinance passed allowing ATV’s on the roadway.
Dan Ringer, 370 Miami Trail, Bremen, Indiana, believes that agricultural exceptions should be allowed with a maximum speed of 25mph. He recommends a 25mph speed limit on all county roads. State law requires hand signals, but not turn signals.
5 Jeff Welborn, 3320 Fir Road, Bremen, Indiana, uses his for farm use. His is registered and he agrees with Dan Ringer.
Rod Hess, 14252 11th Road, Plymouth, Indiana, favors the 25mph speed limit. He has taken safety classes and has also put on classes. He promotes ATV’s for recreational use.
Jack Roose, 15300 6th Road, Plymouth, Indiana, has an ATV for agricultural use. He favors an ordinance requiring lights and vehicle registration.
Bob Scholte, Bremen, Indiana, feels speed limit enforcement will be difficult to enforce because there are not enough officers available.
Deak Thornton, 18050 Shively Road, Bremen, Indiana, is associated with the Michiana Trail Riders Coalition and he feels the introduction of safety to ATV riders is important. His organization will be offering safety courses and he feels training should be required. He believes that insurance is an individual responsibility. He said the 25mph speed limit could be too slow and might create a safety hazard.
Sherry Hess, 11th Road, Plymouth, Indiana, enjoys ATV’s and believes there should be laws and regulations regarding their use.
Commissioner Zentz asked if the ATV dealers explained to the consumers where they could and could not ride ATV’s? He was told no.
Deak Thornton said the ATV dealers do not tell the buyers because there are not that many places to ride ATV’s.
Bill Spencer feels that rules and clarification is needed regarding who, where, what age group, lights on legal ATV’s etc. should be considered in establishing an ordinance.
Brian Kaser, stated that defining exceptions for agriculture is a fine line. What is considered agricultural use and what is not? He said the law for agricultural use should be narrow and specific. DNR offers ATV Training along with snow mobile training.
Commissioner Overmyer suggested forming a committee of volunteers who would be willing to work with the county in fine-tuning an ATV ordinance. Commissioner Overmyer wants owners to be required to take a safety course.
John Zentz moved and Tom Chamberlin seconded the motion to form a committee of volunteers to fine-tune an ATV ordinance for Marshall County. Motion carried 3-0.
The committee members appointed are Brian Kaser, Commissioner Tom Chamberlin, Deak Thornton, Rod Hess and Neal Haeck.
6 ROB KECK REDWOOD ROAD CHIP & SEAL REQUEST
Rob Keck appeared before the Board because he read in the paper that his neighbor, Bruce Smith, had requested that a portion of Redwood Road be chip and sealed and he advised the Board that he lives on the first section of Redwood Road and he would appreciate his section being chip and sealed also. He said the traffic is becoming heavy on his section and the dust is a problem. He would like to have Redwood Road chip and sealed from US 6 to 1st Road.
Commissioner Overmyer said they would consider his request.
HIGHWAY DEPARTMENT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
UTS/SPRINT – Tamarack Road between 7th Road and 7B Road, West Township, a road bore to provide telephone service to a new home.
Hickory Road between 18th Road and 17th Road, Walnut Township and running North on the West side of Hickory Road a distance of 1843 feet to provide telephone service to a new home.
King Road between US 6 and 1st Road, North Township, on King Road approximately 2287 feet north of US 6, to provide telephone service to a new home.
John Zentz moved and Tom Chamberlin seconded the motion to approve all road cut/bore requests from UTS/SPRINT. Motion carried 3-0.
Animal Incinerator:
The animal incinerator is being used heavily and requires considerable maintenance. Generally there is about 1 ½ pickup truck loads each month. The Board asked Neal to patch this one and look for a replacement.
INDOT:
Mike Strang is working to get transition from Indianapolis to Laporte for INDOT administration. Neal has told Mike Strang to proceed with the bridge inspections. The notice to proceed has not been sent as of this date.
Salt Bids:
The bids will start coming in July.
7 Mowing:
Neal advised that the mowing crews were out every day working. They still don’t have a supervisor, but the work is getting done.
Commissioner Overmyer asked Neal to take a look at Redwood Road for possible chip and seal this year.
Commissioner Zentz asked Neal to check on the edging on 3rd Road. Neal said that wasn’t part of the “road program”, but it will be worked on this year.
Commissioner Zentz said he received a request to chip and seal Gumwood Road north to 6th Road. Neal is aware of that request.
DAVID HOLMES INNKEEPER’S TAX
Attorney David Holmes appeared before the Board and presented a “representation agreement” allowing the Law Firm of Holmes & Walter, LLP to exclusively represent Marshall County in a class action suit, along with possibly two (2) other northern counties, against on-line hotel booking companies that book groups of rooms from various hotels at a reduced rate, then resell the bookings at a higher rate, but only pay Innkeeper’s Tax on the purchase amount. By filing a class action suit, Marshall County should receive additional Innkeeper’s Tax money.
There will be not cost to the County for entering into this agreement. The case will be filed in District Court.
John Zentz moved and Tom Chamberlin seconded the motion to hire David Holmes of Holmes & Walter, LLP to proceed with the class action lawsuit regarding the Innkeeper’s Tax and wholesale online hotel room bookings . Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
8 MONDAY, JUNE 19, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, June 19, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
CARTER FITZGERALD PERFORMANCE EVALUATION PRESENTATION
Carter Fitzgerald, Perspectives Consulting Alliance, appeared before the Board to present a proposed Employee Performance Evaluation Program and other services she would like to offer to Marshall County and the County Personnel Committee to achieve the following:
1. Employee Performance Evaluation Training Methods 2. Option 2 - County Salary and Benefits Survey relative to the market 3. Option 3 - Employee Recognition - Motivational Techniques and Reward Programs
Her most recent project was restructuring in the City of Elkhart. Ms. Carter suggests that performance evaluations be based on four to five top priorities of each job; be easy to administer and user friendly. She would work with the Marshall County Personnel Committee and perhaps a couple of additional employees to facilitate this program.
Ms. Carter informed the Board that salaries have not been evaluated since 2001 and that could be done if the County wishes.
Also, an Employee Recognition Program could be implemented with little or no cost to the County if desired.
Commissioner Chamberlin asked if elected department heads would use the performance evaluation as a tool. Jan Quivey answered because of their lack of training on how to properly and consistently evaluate employees this process is not done on a very wide scale. Jan feels department heads would use the system if they were properly trained.
After discussion John Zentz moved and Tom Chamberlin seconded the motion to table making a decision and refer the matter to the Personnel Committee for their input and recommendation in choosing a consultant and also how to get elected official to participate in this program. Motion carried 3-0.
1 AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes from the June 5, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the June 5, 2006 Commissioner Meeting Minutes as presented. Motion carried 3-0.
Claims:
The mid-moth claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
Appointment to the Koontz Lake Sewer District Board:
Michael B. McKenna submitted a letter requesting he be considered as a Commissioner appointee to the Koontz Lake Sewer District Board.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Michael B. McKenna to the Koontz Lake Sewer District Board. Motion carried 3-0.
UMBAUGH & ASSOCIATES BOND INVESTMENT PRESENTATION
Kurt Pletcher, Umbaugh & Associates, appeared before the Board to present the Cash Advisory Services for Marshall County Holding Corporation Series 2006 Bond Proceeds and Debt Service Reserve Fund. He briefly explained what services would be provided and their costs.
Umbaugh & Associates will work with Construction Management in meeting the spend down requirements for bond issues. This is necessary to avoid the County’s being liable to rebate any excess interest earned over what the County pays to the bond investors. This is called arbitrage yield restrictions.
Umbaugh & Associates will be responsible for the safety, liquidity and return on our investment.
There are three (3) investment options:
2 1. Money Market Current Average Yield: 4.3% Earnings $457,152. 2. US Treasury Current Average Yield: 4.90% Earnings $515,409. 3. Gov. Agency Current Average Yield: 5.14% Earnings $541,496.
Umbaugh & Associates will actively bid investments to get the best return and would closely monitor the spend down fees. These services would cost the County approximately $10,000.
Spend down of bond funds required to avoid rebates because of arbitrage are:
6 months – 10% spend down must be met 12 months- 45% spend down must be met 18 months- 75% spend down must be met 24 months- 100% spend down must be met
The affect of any delay due to weather, etc. that would prevent the required spend down percentages would cause the rebate to occur.
Penny Lukenbill, Treasurer, said monitoring the arbitrage is her main concern, more so than investment opportunities. The chance of arbitrage becomes greater as investment interest increases.
Attorney Clevenger has reviewed the agreement presented by Umbaugh and Associates should the Commissioners choose to hire them to perform this service. Their fee is .1% of the invested money – approximately $10,000.
John Zentz moved and Tom Chamberlin seconded the motion to hire Umbaugh & Associates to proceed with the Cash Advisory Services for Investment and Spend Down of the jail bonds held at Lake City Bank. Motion carried 3-0.
WES BURDEN HEALTH DEPARTMENT FEES ORDINANCE 2006-10
Wes Burden, Health Department Director appeared before the Board for the second and third readings of Ordinance 2006-10 – Establishing a Fee Schedule for Services and Records Provided by the Marshall County Health Department.
John Zentz moved and Tom Chamberlin seconded the motion to suspend the rules and pass Ordinance 2006-10 – Establishing A Fee Schedule for Services and Records Provided by the Marshall County Health Department on second and third readings. Motion carried 3-0.
3 HIGHWAY DEPARTMENT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
UTS/SPRINT: Hickory Road between East 16th Road and East 15th Road, Walnut Township staring at the intersection of East 16th Road and Hickory Road and running north on Hickory Road approximately 790’ to replace deteriorated cable.
5th Road and Elm Road, German Township between State Road 331 and 6th Road to provide telephone service to a new cell tower.
Tom Chamberlin moved and John Zentz seconded the motion to approve both road cut requests by United Telephone as requested. Motion carried 3-0.
Mediacom:
Michigan Road, 5th Road, 5A Road between 4B Road and 5C Road, North Township from NIPSCO Pole # 783-898 going South along the West side of Michigan Road in the ROW (right of way) and stopping at 5567 Michigan Road at NIPSCO Pole 783-910 to install coaxial and fiber optic cable.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road cut request from Mediacom as requested. Motion carried 3-0.
Redwood Road Count:
The results of the traffic count on Redwood Road, South of St. Joseph County Line on Tuesday, May 9, 2006 and Friday, May 12, 2006 are as follows:
Average Speeds Northbound 27.9mph Southbound 31.8mph Average 29.9mph
Average Number Of Vehicles: Northbound 23 Southbound 27 Total 50
For Monday, June 12, 2006 and Wednesday, June 14, 2006
Average Speeds Northbound 36.7mph Southbound 47.7mph Average 32.7mph
Average Number Of Vehicles: Northbound 16.6 Southbound 16.1 Total 32.7
4 Underwater Bridge Inspections:
Neal informed the Board that Mike Strang stated that of the twenty-seven (27) underwater bridge inspections in Marshall County, ten (10) of them would need to be contracted out. Attorney Clevenger recommended that Mike Strang request RFP’s (request for proposals) for the ten (10) bridges in question and present them to the Commissioners.
Additional Road Cuts:
Mediacom:
Michigan Road and 5C Road between 5A Road and 5D Road, North Township, 5871 Michigan Road from NIPSCO Pole #783-920 north along the west side of Michigan Road ROW and stop at NIPSCO Pole 783-914 near 5673 Michigan Road to install coaxial and fiber optic cables.
Michigan Road between 4A Road and 4B Road, North Township, 4313 Michigan Road from NIPSCO Pole 783-874 south to NIPSCO Pole 783-876 and 4815 Michigan Road from NIPSCO Pole 783-888 north to NIPSCO Pole 783-886 along the west side of Michigan Road ROW to install coaxial and fiber optic cables.
3rd Road between Michigan Road and Nutmeg Road, North Township, 13204 3rd Road from NIPSCO Pole 776-688 east along the north side of 3rd Road ROW into INDOT US 31 ROW and 13013 3rd Road from NIPSCO Pole 792-076 south along the west side of 3rd Road ROW to NIPSCO Pole # 792-075 to install coaxial and fiber optic cables.
Tom Chamberlin moved and John Zentz seconded the motion to approve the additional road cut requests from Mediacom as presented. Motion carried 3-0.
Marshall County Highway Department Road Program:
Neal asked if the Board had an opportunity to review the Marshall County Highway Department Road Program.
Tom Chamberlin moved and John Zentz seconded the motion to approve the Marshall County Highway Department Road Program as presented. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
5 Jail Project:
Annexation Agreement – Still working on the revisions with City Attorney Joseph Simanski, however, the City of Plymouth has approved the agreement waiving the requirement for additional bonds from our contractors with a slight modification.
Tom Chamberlin moved and John Zentz seconded the motion to accept the changes made by County Attorney James Clevenger regarding the bond waiver agreement. Motion carried 3-0.
Eckard Drainage and Sewage Agreement - The completed agreement has been sent to the Commissioners for review.
Construction Control – Several contracts have already been approved and sent to the Holding Corporation. Debbie VanBlaricom of The Marshall County Auditor’s Office will keep a copy of all contracts for the Marshall County Jail Project.
Attorney Clevenger presented a contract from Hall Aluminum Products, 5402 Moeller Road, Fort Wayne, IN 46806 in the amount of $87,000 for approval.
John Zentz moved and Tom Chamberlin seconded the motion to sign and approve the contract for Hall Aluminum Products in the amount of $87,000. Motion carried 3-0.
Attorney Clevenger informed the Board that there were a couple of contracts that needed to be signed separately and wondered if they wanted a resolution allowing one Commissioner to sign the contracts.
John Zentz moved and Tom Chamberlin seconded the motion to have Tom Chamberlin act as Commissioner contact to sign all contracts for this project. Motion carried 3-0.
Bridge 226 Michigan Street – The City Council will act on the agreement at tonight’s meeting.
US Abrasives Real Estate – The new Midwest Blast proposal is still being investigated.
McNeal Tort Claim - our liability insurance carrier denied this claim.
JOE SMILLIE KOONTZ LAKE REGIONAL SEWER PROJECT OPPOSITION
Joe Smillie and Jack Powers appeared before the Board and presented a letter from their attorney requesting that the Commissioners wait to appoint any members to the Koontz Lake Regional Sewer District until such time as it actually becomes a legal entity.
6 Mr. Smille states his opposition group plans to appeal the establishment of a Koontz Lake Sewer District. Mr. Smillie does not see the need to make an appointment to a Board that doesn’t exist.
Commissioner Overmyer informed Mr. Smillie that Michael McKenna was already appointed to the Koontz Lake Regional Sewer District. Mr. Smillie then asked the Commissioners to rescind their previous appointment because he wondered how you could make an appointment to a Board that doesn’t exist.
Attorney Clevenger said that IDEM has approved an order to establish a Koontz Lake Regional Sewer District. He said a judicial review may throw the whole thing out, but there is no reason why a board should not be appointed at this time.
TAC No comment.
OTHER COMMISSIONER BUSINESS
Commissioner Chamberlin advised the Board that Jeff Rimel will replace Dan Ringer on the ATV Committee. Sgt. Relos from Marshall County has also been asked to serve on the ATV Committee and will pending approval by the Sheriff.
Commissioner Chamberlin also informed the Board that he and members of the Jail Committee would be traveling to Vincennes, Knox County, Indiana on June 28, 2006, to ask their personnel if there were any changes they would have made to their jail now that it is completed. (the Knox County Jail is very similar to the one being built in Marshall County).
Commissioner Chamberlin stated that the jail construction project is about one (1) week ahead of schedule. The drainage issues will be resolved through the cooperation with Mr. Eckard.
Tom Chamberlin moved and John Zentz seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
7 MONDAY, JULY 3, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, July 3, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
CLYDE AVERY EMA MONTHLY REPORT
Clyde Avery, EMA Director appeared before the Board to submit his monthly report for review.
Clyde stated that he received a letter from the State of Indiana requiring him to notify them of any incidents that require action by any of the County’s Emergency Response Agencies.
He informed the Board that the State is very concerned about the possibility of a pandemic. He stressed that county government; cities; towns; hospitals; schools etc. must have a plan in effect because local agencies will be pretty much be on their own. The State and Federal government have spent a considerable amount of time and resources training local governments to be prepared for any disaster.
The Weather-Warning Siren demonstration was held on June 19, 2006. The costs to outfit the entire county is prohibitive, therefore, Clyde has been contacting other counties to find out what they have done regarding obtaining funding through grants. He is also checking into finding out what other counties are doing in sub-divisions. Perhaps the cost of installing a weather-warning siren could be passed on to the property owner as part of the sub-division costs.
Currently Bremen has five (5) sirens; Culver has two (2); LaPaz, Argos and Plymouth have one each (1). The estimated cost for one (1) weather-warning siren is $18,000.00.
Commissioner Tom Chamberlin asked Clyde to look further into a subdivision zoning ordinance regarding weather-warning siren requirements.
Clyde informed the Board that “grant monies” are drying up as the applications become more competitive. He said future grant monies would most likely be distributed on a district basis.
Mutual Aid Agreements: No response from other agencies as this point.
1 Pre-established Contracts: Contracts obtained prior to an event. There are very few at this time. The Board requested that Clyde contact various resource providers at let them know what amounts the Federal government will reimburse.
Supplies: Clyde informed the Board that supplies needed in the event of a disaster are virtually non-existent. He said if supplies aren’t stockpile ahead of time, they will be very difficult to obtain once a pandemic situation occurs. Marshall County is responsible to deliver medicine, water, food etc. to its residents if the county is ordered quarantined.
ENHANCED GIS FEE ORDINANCE PUBLIC HEARING
Larry Fisher, Ralph Booker and Shawnda Wenino appeared before the Board to present Ordinance 2006-11 – An Ordinance for Enhanced Access Fees Known as the “Enhanced Access Fee Ordinance”.
The following fees were suggested: Users and Time Period Fee
1 week subscription for a single user $15.00
1 month subscription for 1-2 users $50.00 per user per month
3-10 users will be charged $15.00 per month per additional user
1 quarterly subscription for 1-2 users $135.00 per user per quarter
3-10 users will be charged $15.00 per month per additional user
At this time the free site will include:
Parcel Number Legal Description Acreage Taxes Property Mailing Address
The enhanced access will provide searches by:
Owner’s Name Complete Property Record Cards Sale Price/Date Assessed Value Range Tax Dollar Amount Range Acreage Range
2 The new website, hosted by Sidwell, will not be available until at least August 1, 2006. The current GIS information on the web has not been updated since mid-February – the current web site manager can’t handle our new Geo Data Base. Sidwell will monitor the subscriptions, billing etc.
Attorney Clevenger asked the committee why the ordinance didn’t state what features were included in the enhanced access site. Commissioner Chamberlin agreed with him that the features should be listed.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing on Ordinance 2006-11 – An Ordinance for Enhanced Access Fees Known As the “Enhanced Access Fee Ordinance”. Motion carried 3-0.
Judy Goble, 1000 Miner Street, Plymouth, IN asked how Sidwell was chosen? Larry Fisher stated that only three (3) companies responded to the request for proposals that were mailed and Sidwell was the best of the three.
Ryan Stutzman, 507 East Jefferson Street, Plymouth, IN asked how many and where the public terminals would be located. He was told that the Auditor’s office currently has three (3) terminals available.
Ryan also stated that he can obtain much of this information for half the cost on the MLS system.
Janet Trowbridge, 8150 SR 331, Bourbon, IN stated that she uses the Kosciusko County System that has three (3) computers and three (3) printers available. She also is able to access it from her home at no cost. She felt that the costs incurred by asking an employee for assistance would increase if the system is not user friendly.
Penny Lukenbill, Treasurer, 1008 Ferndale, Plymouth, IN asked for direction on what to tell the public when they have questions?
Jim Masterson, 12346 Diamond Drive, Plymouth, IN stated that in other counties, the property owners are listed on the free site. He feels that $50.00 per month is excessive. He indicated that Kosciusko has the best site he has seen.
Kathy Alexander, 11905 Lawndale, Plymouth, IN asked why a system like Kosciusko’s wasn’t considered for Marshall County? She also wanted to know what the cost was for the Sidwell System? She was told the initial system was $35,000 plus and additional $18,000 to develop the advanced site.
Larry Fisher said the GIS is a powerful tool that provides the ability to query and to provide additional information that wasn’t available before.
Sherry Hess, 11th Road, Plymouth, IN wondered how the fee schedule determined?
3 Jack Roose, 15300 6th Road, Plymouth, IN stated that approximately 20% of the businesses and individuals will use the site and the other 80% of the public probably will not. He does feel that some fees should be assessed to those who use the system to make a living. He thinks the County should look at the Kosciusko County system.
Judy Stone, 12477 Muckshaw Road, Plymouth, IN asked what was the design cost of the old system? Shawnda told her it was $25,000.00 4 years ago - $900.00/month maintenance fee.
Sidwell’s maintenance fee is $1000.00/month.
Sam Goble, 1000 Miner Street, Plymouth, IN stated that we should not look at the computer system as a revenue source for the County. He asked what the length of the Sidwell contract was?
Jim Masterson, 12346 Diamond Drive, Plymouth, IN stated that if fees are assessed, they should be less for Marshall County residents. He also stated that fees should include some training on the new system.
Linda Jacobson, 1000 Kings Court, Plymouth, IN stated that it is very difficult to find a parking place at the County Building now, it will be even harder once this new system gets into place. She also stated that the Auditor’s office will become more crowded if everybody needs to go there to look up free information.
Dennis Thornton, 590 Juniper Road, Bremen, IN feels that taxpayers should pay for the basics and those who make a living from using the site should pay more.
Ryan Stutzman, 507 East Jefferson Street, Plymouth, IN said the enhanced access should be used to promote business coming to our town. Charging extra for out of county usage would discourage that.
Linda Jacobson, 1000 Kings Court, Plymouth, IN said she doesn’t mind a fee but feels it should be lower.
John Zentz moved and Tom Chamberlin seconded the motion to close the Public Hearing. Motion carried 3-0.
Commissioner Overmyer said the purpose of the GIS was to reduce traffic in the County Building. He doesn’t feel charging for enhanced access is in the best interest of the public.
Commissioner Zentz wants to review it and talk with some of the potential users. He would like the Tech Committee to talk with the users also.
Commissioner Chamberlin believes in charging fees for users outside the county.
4 Tom Chamberlin moved and John Zentz seconded the motion to table this matter and send Ordinance 2006-11 back to the Tech Committee for changes. Motion carried.
The Board would like to have the Tech Committee see if out-of-county users only could be charged. Also they would like a description of what is included in both the free site and enhanced access site. Attorney Clevenger suggest an agreement be drafted for users to sign.
Larry Fisher asked the Commissioners if they were still willing to look at fees? They indicated that they were.
The current website will be maintained for another 30-60 days.
CAFO ORDINANCE 2006-07 PUBLIC HEARING
Ralph Booker appeared before the Board to present Ordinance Number 2006-07, An Ordinance Amending Ordinance No. 1000, Commonly Known As “The Marshall County Zoning Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO), for consideration.
This ordinance was amended from a previous meeting – the only change is paragraph 437-12 which states that No building permits for CAFO facilities outlined on the site plan will be permitted in a flood hazard area or flood plain.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing. Motion carried 3-0.
Bob Yoder, Chairman of the CAFO Committee, stated that the ordinance is tougher than that of surrounding counties and will discourage new facilities. He said it should be flexible enough so as not to hurt current livestock producers but comply with a higher standard. He recommends that the Commissioners pass Ordinance 2006-07 as presented.
Commissioner Chamberlin asked if 1320 feet to the property line vs. to the nearest residence was discussed by the CAFO Committee? Bob Yoder said yes, but if the set back went to the property line rather than the residence, no CAFO’s would be allowed.
David Dinius said a person would have to own four (4) one hundred sixty (160) acre parcels with the CAFO right in the middle if the 1320 foot setback was to the property line..
Judy Stone, CAFO Re-write Committee, asked if the set back requirements would infringe on the rights of the adjoining property owners – limiting their ability to sell land for a residence?
5 Ralph Booker said the same thing could be asked in reverse – i.e.: Would the farmers rights be violated?
Bob Yoder said land zoned agriculture needs to be protected. He said residential households in an agricultural area must understand that there is some inconvenience in living in an agricultural area.
Damon Harrell, 17835 Linden Road, Argos, IN said standards are so high, Marshall County is not going to be overrun with CAFO’s.
John Stone said there are a lot of places in the County that could support CAFO’s. He said a CAFO operation could buy the 640 acres (1 square mile) necessary to have the 1320 feet setback from the property line. Additionally he wanted to know: 1. Who is going to police the ordinance requirements? “IDEM does a poor job”. 2. What are the fines and penalties?
Ralph says the only policing is the Plan Director notifying the owner of the violations and if corrective action is not taken, it is referred to the Plan Commission and then to the Courts if necessary.
Ralph also stated the IDEM does respond to complaints and violations.
Bob Yoder said permits would have to be renewed every five (5) years.
John Zentz feels that 1320 feet to the residence and not the property line violates people’s rights. He feels that existing farmers could be grand fathered.
Ralph Booker said homeowners need to have the land rezoned residential if they oppose CAFO’s. He said the Commissioners must decide if the County wishes to be a residential county or an agricultural county. If the Commissioners wish to put residential rights ahead of agricultural rights, the County needs to be rezoned residential.
Ralph also said that there are only two to three sites in the entire county that would have enough land available to support a CAFO if the 1320 setback went to the property line.
John Vaillard feels the issue is land use. If land is zoned agricultural then the priority use must be agricultural.
John Stone suggested cutting back on the footage and make the setback to the property line.
Jack Roose said our southern four (4) townships are the only one’s where a CAFO is likely to be established. He recommends passage of the ordinance as is.
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
6 Tom Chamberlin moved and Kevin Overmyer seconded the motion to pass Ordinance 2006-07 – An Ordinance Amending Ordinance No. 1000, Commonly Known As “The Marshall County Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO) on first reading. Motion carried 2-0. John Zentz voted nay.
The second reading will be at the July 17, 2006 Commissioner Meeting.
TYNER ALLEY VACATION ORDINANCE NO. 2006-12
Ralph Booker, Plan Commissioner, appeared before the Board to present Ordinance Number 2006-12 – An Ordinance Vacating All of An Unnamed Right-of-Way Between Lots 3 & 6, Block 9 In The Original Plat of The Village of Tyner In Section 10, Township 34 North, Range 1 East in Marshall County, Indiana for first reading.
He stated that the Plan Commission voted 9-0 in favor of this request.
Tom Chamberlin moved and John Zentz seconded the motion to pass Ordinance 2006-12 – An Ordinance Vacating All of An Unnamed Right-of-Way Between Lots 3 & 6, Block 9 In The Original Plat of The Village of Tyner In Section 10, Township 34 North, Range 1 East in Marshall County, Indiana on first reading. Motion carried 3-0.
COMMISSIONER’S – MILEAGE RATE INCREASE
John Zentz moved and Tom Chamberlin seconded the motion to recommend to the Marshall County Council that the mileage reimbursement rate be increased to the same as the State level for 2007. Motion carried 3-0.
COMMON CONSTRUCTION WAGE COMMITTEE APPOINTMENT FOR THE CULVER SCHOOLS
Tom Chamberlin moved and John Zentz seconded the motion to appoint Francis Ellert to the Common Construction Wage Committee for the Culver Schools – New Administration Building. Motion carried 3-0.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes from the June 19, 2006, Commissioner Meeting were presented for approval and signatures.
7
John Zentz moved and Tom Chamberlin seconded the motion to approve the June 19, 2006 Commissioner Meeting Minutes as presented. Motion carried 2-0.
Claims:
The monthly claims were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the claims as presented except for the Court Order. Motion carried 3-0.
Brucellosis and Tuberculosis Eradication Contract:
The annual contract for Bovine Brucellosis and Tuberculosis Eradication was presented to the Board for their approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to sign the State Board of Animal Health Contracts for Bovine Brucellosis and Tuberculosis Eradication. Motion carried 3-0. Cost to the County is $ 1,000 annually.
FMLA Request:
Paula Babcock presented a Family Medical Leave Request for an employee in the Sheriff’s Department.
The matter was tabled awaiting further information from the Sheriff’s Department.
Cash Advisory Services Agreement:
Jan Quivey presented the Cash Advisory Services for Marshall County Holding Corporation Series 2006 Bond Proceeds and Debt Service Reserve Fund Agreement between Marshall County and H.J. Umbaugh & Associates. The agreement was signed by Commissioner President Kevin Overmyer and an executed copy was returned to H. J. Umbaugh & Associates on July 3, 2006.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and discussed the following:
Jail Project: Annexation Agreement – Still waiting for revisions from the City of Plymouth.
Bond Infrastructure Agreement – The signed agreement was received by the City of Plymouth and Debbie VanBlaricom has a copy.
8 Eckard Drainage and Sewer Agreement - Commissioner Chamberlin will take a copy of the contract to Mr. Eckard.
Bridge 226 – Michigan Street – City Attorney Joseph Simanski advises that this matter will be acted upon at the next City meeting. He wanted to clarify a number on the exhibit that was an error by DLZ.
U.S. Abrasives – The new Midwest Blast proposal is still being investigated.
Koontz Lake Sewer District Project – A lawsuit has been filed against the Marshall Council and Commissioners regarding the Koontz Lake Sewer District Project. Attorney Clevenger will enter his appearance on behalf of both.
Museum Project – Attorney Clevenger shared a letter he received from IDEM outlining the regulation that must be adhered to with regard to relocation of residents. There are no resident relocations involved with this project.
John Zentz moved and Tom Chamberlin seconded the motion to approve the verification letter stating that Marshall County will follow the law and that there is no relocation of residents necessary regarding the new museum building. Motion carried 3-0.
MIKE STRANG UNDERWATER BRIDGE INSPECTIONS
Mike Strang appeared before the Board to explain that there are twenty-seven (27) underwater bridges due to be inspected this year. He is qualified to inspect seventeen (17), however, the remaining ten (10) are too deep and require inspection by a more qualified inspector.
Mike Strang sent requests for proposals (RFP’s) to four (4) companies qualified to perform the inspections. They were:
Bernardin Lochmueller and Associates $30,000 - $35,000 Collins Engineering PC $31,885.00 USI Consultants Inc. $20,811.89 Fuller Mossbarger Scott and May Engineers Inc. $22,860.00
After reviewing them with Neal Haeck, Highway Superintendent, his recommendation is USI Consultants, Inc., 8415 East 56th Street, Indiana 46216 for $20,811.89. John Zentz moved and Tom Chamberlin seconded the motion to accept the USI Consultants, Inc. bid in the amount of $20,811.89 for the ten (10) underwater bridge inspections. Motion carried 3-0.
9 TAC
No Comment.
DLZ UPDATES
Michael Kummeth and Bob Kirkley from DLZ appeared before the Board to present updates on the following projects.
Pine Road – Grade Review plans were submitted to INDOT approximately six (6) weeks ago, but no response to date. Usually the response time is about thirty (30) days.
DLZ met with Dave Miller (VanVactor’s) regarding 9th Road. The revision proposed is slightly longer but will be better. The hope is the extra distance can be included as part of the Pine Road project and qualify for the 80% Federal Funding. INDOT allows a 5% overrun due to increased costs (i.e. fuel).
The railroad crossing will also be an 80%-20% split.
Walkway designs were presented. The Board asked DLZ to look into a bike trail only. The bike trail option would not require any additional right-of-way purchases.
Bridge 226 Michigan Street – DLZ advised the Board that the bridge was in better shape than originally thought. The City of Plymouth is close to selecting light fixtures.
DLZ presented a time schedule for all three (3) projects. Pending INDOT approval, they will start as soon as possible on Pine Road and Bridge 226.
Bridge 89 13th Road – Work will begin in 2008.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
10 MONDAY, JULY 17, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, July 17, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
CONSTRUCTION CONTROL JAIL PROJECT UPDATE
Dennis B. Husted, Construction Manager for the Marshall County Jail Project appeared before the Board to report the status of the new jail.
On May 9, 2006 the project was started, the site work is 95% completed at this time. Some unsuitable soil was discovered. It has been removed and replaced with good soil.
On July 6, 2006 the foundation excavation process began, July 13, 2006 the first pour for Unit B (cell block area) was done and today, July 17, 2006, excavation on Unit A (Administration part of the building) will be done. The transformer pad will be poured on Tuesday, July 18, 2006.
Panels will be left open to allow the cells to come in after the building is enclosed. The weight of a two-man cell is 5,000 pounds and a four –man cell is approximately 8,000 pounds.
The parking lot grade has been reduced from 4% to 2%, which will allow for better drainage.
MICHAEL AYLESWORTH IDEM NORTHERN REGIONAL DIRECTOR
Michael Aylesworth, the IDEM Northern Regional Director and Jim Weingart, Senior Environmental Manager appeared before the Board to introduce themselves as part of the new “Outreach Program” initiated by IDEM to better serve our area.
Mr. Aylesworth stated that IDEM tries to be proactive in dealing with the quality of air, land and water and they are the “point man” between INDOT, DNR and the Counties.
1 The Northern Regional Office houses sixteen (16) inspectors who are responsible for investigating the initial complaints and notifying the violators. If the violator fails to correct the violation, it is referred to Indianapolis for enforcement. If necessary, the matter can be referred to the Prosecutor for court action.
Mr. Aylesworth stated that environmental prosecution varies from County to County as far as importance when civil cases are involved. They make every effort to make the violator clean up the violation before tax dollars are spent on enforcement and prosecution.
Mr. Aylesworth stated that a citizen complaint is a high priority with IDEM and his goal is good service in a timely manner.
Jim Weingart explained a couple of new programs being implemented by IDEM that promote pollution prevention and environmental awareness and could actually save counties money.
The first is a Clean Community Challenge: A local committee would be established and develop a quality of life plan. This would benefit the County financially in the way of access to grant funds.
The second program is a No Idling Program for diesel engines. A citizen would voluntarily pledge not to start their diesel engine and let it idle for long periods of time when it’s not necessary. This would not only help the environment, but also save the citizen money on fuel.
TYNER ALLEN VACATION ORDINANCE 2006-12
Ralph Booker presented Ordinance 2006-12, An Ordinance Vacating All of An Unnamed Right-Of-Way Between Lots 3 & 6, Block 9 in the Original Plat of The Village of Tyner In Section 10 Township 34 North, Range 1 East in Marshall County, Indiana for second reading.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and approve Ordinance 2006-12, An Ordinance Vacating All of An Unnamed Right- Of-Way Between Lots 3 & 6, Block 9 in the Original Plat of The Village of Tyner In Section 10 Township 34 North, Range 1 East in Marshall County, Indiana on second and third readings. Motion carried 3-0.
2 CAFO ORDINANCE 2006-07
Ralph Booker presented Ordinance 2006-07, An Ordinance Amending Ordinance No. 1000, Commonly Known As “The Marshall County Zoning Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO), for second reading.
Judy Stone asked the Board to pass the ordinance on second reading only to allow more time for review.
John Zentz moved and Tom Chamberlin seconded the motion approve Ordinance 2006-07, An Ordinance Amending Ordinance No. 1000, Commonly Known As “The Marshall County Zoning Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO), on second reading. Motion carried 2-1. John Zentz voted nay.
The 3rd reading will be considered at the next Commissioner Meeting on August 7, 2006.
HIGHWAY
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts:
United Telephone Company/Embarq:
3rd Road between Fir Road and Grape Road, German Township, to bury 1,264’ of cable to provide service to a new home;
Lilac Road between State Road 10 and 14C Road, Green Township, starting at the intersection of Lilac Road and State Road 10 and running north 40’, placing cable 30” deep to relocate a pedestal which keeps being run over;
Quince Road between US 6 and 1st Road, Polk Township, starting at a point 744’ north of US 6 and going north for 484’ to provide telephone service to a new home.
John Zentz moved and Tom Chamberlin seconded the motion to approve all three (3) UTS/Embarq road cut requests. Motion carried 3-0.
Indiana Michigan Power Company:
2C Road at Creekside Mobile Home, North Township, just east of U.S. 31, South of State Road 6 in the Creekside Mobile Home Park, to replace underground cable due to numerous failures.
3 Tom Chamberlin moved and John Zentz seconded the motion to approve the request by Indiana Michigan Power Company for a road bore. Motion carried 3-0.
Langfeldt Excavating, LLC:
Olive Road between 6th Road and 7th Road, North Township 1/3 mile South of 6th Road, to extend 6” field tile under the road for construction of a new home.
Tom Chamberlin moved and John Zentz seconded the motion to approve the request by Langfeldt for a road cut. Motion carried 3-0.
USI Consultants, Inc. Contract:
The contract between USI Consultants, Inc. and Marshall County for ten (10) underwater bridge inspections was presented for the Board’s signatures. Attorney Clevenger received a copy of the contact last week and indicated that it looked like the standard contract. The contract amount is $20,811.89 – any change orders will be charged at the standard overhead rate. There will be the customary 80%/20% split for reimbursement.
The contract will have to be approved by INDOT and a Letter to Proceed must be received prior to any inspections being done.
Tom Chamberlin moved and John Zentz seconded the motion to accept the contract with USI Consultants, Inc. in the amount of $20,811.89 for the underwater inspections of ten (10) bridges. Motion carried 3-0.
Mike Jones – Lake of the Woods:
Neal sent a crew out to repair the culvert problem on Mr. Jones’ property.
Muckshaw Railroad Crossing:
Neal is working with Sandi Seanor of MACOG and hopes to have an answer by the next Commissioner’s Meeting.
Commissioner Chamberlin asked Neal if he knew who owned the 3-way intersection by the new Menominee Elementary School on Nutmeg Road and Discovery Lane? Neal stated that he believed the intersection and the area north belonged to the City of Plymouth. He was asked to get some written verification from the City Attorney so that Marshall County won’t be responsible should there be any incident there.
Pine Road – Thompson Critter/Game Tunnel:
The Thompson’s spoke with an IDEM Agency in Indianapolis regarding the benefits of a wild game tunnel under the new Pine Road extension. Neal advised them to come before the Commissioners with a formal presentation.
4 Miscellaneous:
Commissioner John Zentz requested that the Highway Department repair a large chuckhole on Elm Road at 3B Road.
He also gave Neal a copy of information on bridges and the Gibson Report.
There was discussion about INDOT placing rumble strips on US 30 by the light at King Road to try to prevent future accidents.
ATTORNEY REPORT
Attorney Clevenger appeared before the Board and presented the following:
Jail Project:
Annexation Agreement - Attorney Clevenger still has not received revisions from the City of Plymouth. He has talked at length with City Attorney Joseph Simanski and is assisting him with some issues on their side.
Eckard Drainage and Sewer Agreement- Commissioner Chamberlin advised that he met with the Mr. Eckard and will get back with him next week.
Construction Contracts – More contracts have been approved. An updated list of contractors and contracts will be provided to Commissioner Chamberlin.
Bridge 226 – Michigan Street – City Attorney Joseph Simanski advised that the City of Plymouth approved an agreement and a fully signed copy of it is on the way. The City of Plymouth also received grant monies for the South Michigan Street project.
US Abrasives Real Estate – The new Midwest Blast proposal is still being investigated.
Highway v Watson – Neal Heack’s deposition is scheduled for August 17, 2006 – Attorney Clevenger would like to meet with Neal prior to his deposition.
Great Lakes Laboratory Agreement – The Sheriff’s Department and the Prosecutor’s Office share the cost of this contract. The 2007 renewal contract is identical to last years except the fee is approximately $4,000.00 higher. The 2007 cost is $38,400.00 to be paid in $3,200.00 monthly increments beginning January 20, 2006.
Tom Chamberlin moved and John Zentz seconded the motion to accept the 2007 contract with Great Lakes Laboratory at a cost of $38,400.00 annually. Motion carried 3-0.
5 AUDITOR’S REPORT
Jan Quivey, Auditor appeared before the Board and presented the following:
Minutes:
The July 3, 2006 Commissioner Minutes were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the July 3, 2006 Commissioner Minutes as presented. Motion carried 3-0.
Claims:
The mid-month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
Paula Babcock, Deputy Auditor appeared before the Board and presented two (2) FMLA requests, for intermittent leave, that were submitted by the Marshall County Sheriff’s Department.
John Zentz moved and Tom Chamberlin seconded the motion to approve both FMLA requests, for intermittent leave, from the Marshall County Sheriff’s Department. Motion carried 3-0.
Jan Quivey, Auditor, distributed copies of the 2007 Budget requests to the Board.
Commissioner Overmyer asked Paula Babcock to contact Arrow Head County Resource Conservation and Development Area, Inc., Winamac, IN and ask if another Commissioner appointment needs to be made due to the death of Dean Manchester.
TAC
Judy Stone questioned if “tap fees” had been worked out with the City of Plymouth regarding the new Marshall County Jail hookup?
Ray Bockman asked what the cost of “tap fees” were at the jail? He was told they were $300,000.00. The County will put in the infrastructure and turn it over to the City of Plymouth to be maintained. Attorney Clevenger said the County is negotiating with the City of Plymouth.
Kathy Bottorff asked Commissioner Chamberlin what he thought of the new county jail in Knox County. Commissioner Chamberlin said the visit went well and he was very
6 pleased with how we’ve designed our jail. He indicated that due to financial restraints, Knox County would probably have to add on to their jail in approximately five (5) years.
Our jail side is a little bigger and our Administration area has a higher ceiling, which allows a lot of light into the building.
Commissioner Overmyer advised that there will be an enhanced GIS Enhance Access Fee Schedule established that will be lower than the original fees discussed previously.
Kathy Bottorff wished Commissioner Kevin Overmyer an early Happy Birthday.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
7 MONDAY, AUGUST 7, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioner’s Meeting Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, August 7, 2006, for a regular meeting with Kevin Overmyer, President, Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
DOUGLAS THOMPSON GAME TUNNEL-PINE ROAD EXTENSION
Doug Thompson appeared before the Board to discuss the benefits of a game tunnel/critter crossing at the new Pine Road Extension. “Since the new Pine Road Extension will go across untouched ground, a game tunnel/critter crossing would be invaluable for wild animals to cross. The safety of drivers and well being of our wildlife is at stake and we need to do something to protect them.”
He presented a copy of a letter, from INDOT, that referenced a website where additional information on this subject could be obtained. He was advised that since the project was still in the environmental review stage, he would have a chance to comment on it.
Doug said that there is a game tunnel/critter crossing located on US 20 at exit 39 in Mishawaka that works very well. He indicated that the ideal location for a game tunnel/critter crossing would be behind Todd Thompson’s property due to the large wetlands and wooded area in that vicinity.
It is documented that having a game tunnel/critter crossing reduces accidents, county clean up, injury and road kill reduction by as much as 90%.
He said the current easement is 100’ and that will allow for the construction of a game tunnel/critter crossing and this should be made part of the highway project.
Animals are directed toward the tunnel by the use of fencing.
Commissioner Zentz suggested taking a look at it. Commission Overmyer said he would talk with Bob Kirkley and Michael Kummeth from DLZ about the possibility of adding a game tunnel/critter crossing to the Pine Road Extension plans. DLZ will attend the August 21, 2006 Commissioner Meeting.
Doug Thompson said under the bridges on Oakhill Avenue serve as critter crossing and they are heavily used.
1 SHERRIE DANIEL – PAY FREQUENCY
Sherrie Daniel, Public Health Coordinator, appeared before the Board to request that she be paid twice a month instead of once a month.
Tom Chamberlin moved and John Zentz seconded the motion to allow Sherrie Daniel, Public Health Coordinator, to be paid twice monthly. Motion carried 3-0.
CLYDE AVERY – EMA MONTHLY REPORT
Clyde Avery, EMA Director, appeared before the Board and presented his July 2006 monthly report for review and approval.
Clyde advised that the grant equipment ordered was in and he would like permission to have two (2) claims prepaid to enable him to get the reimbursement request to the state on a timely basis.
Air Packs in the amount of $11,164.00 have been received and a security system in the amount of $5,492.58 has been installed.
John Zentz moved and Tom Chamberlin seconded the motion to allow the two (2) claims presented by Clyde Avery to be prepaid. Motion carried 3-0.
Community wide Disaster Drill will be held September 23, 2006 from 8:00AM to noon at Centennial Park.
Homeland Security Mobile Command Post Trailer will be set up for viewing on August 29, 2006 from 10:00AM to 1:00PM in Marshall County, possibly at Pilgrim Place Shopping Center. The exact location has yet to be determined.
Old Issues:
Clyde advised that he has received no feedback regarding the grant written for warning sirens.
Clyde is still waiting for the City of Plymouth to comply with their obligation regarding the 800 mghz communication system that will allow remote communications between the Sheriff’s Department and the Plymouth Police Department through the use of the lap top computers purchased with grant money. The 6-month time frame on the grant is ending shortly.
TIM JEFFIRS – EAGLE SCOUT PROJECT REQUEST
Rich Ulrich, Maintenance Supervisor, introduced Tim Jeffirs who is a local Eagle Scout. Tim requested permission from the Board to clean the Statue of Liberty located on the
2 Courthouse lawn as part of an Eagle Scout project. Tim has researched methods of cleaning this type of statue without the use of dangerous chemicals.
Rich Ulrich asked that his department be allowed to complete some minor repairs, including some concrete work in conjunction with Tim’s project.
John Zentz moved and Tom Chamberlin seconded the motion to allow Tim Jeffirs to work with Rich Ulrich in cleaning and repairing the Statue of Liberty located on the Courthouse lawn. Motion carried 3-0.
CAFO – ORDINANCE NO. 2006-07
Ralph Booker, Plan Commissioner, appeared before the Board to present Ordinance Number 2006-07 An Ordinance Amending Ordinance Number 1000, Commonly Known as “The Marshall County Zoning Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO), for the 3rd and final reading.
John Zentz moved to amend Ordinance 2006-07 – Item 437.9 to require six (6) odor control technologies per 1000 head of livestock rather than just one (1).
Motion died for lack of a second and Commissioner Zentz withdrew his motion.
Commissioner Zentz said that the purpose of his motion was to protect the nearby residents.
Ralph says that the property is zoned agriculture and the County has to decide if it will be an agricultural or a residential County.
Tom Chamberlin moved and Kevin Overmyer seconded the motion to approve Ordinance 2006-07, An Ordinance Amending Ordinance Number 1000, Commonly Known as “The Marshall County Zoning Ordinance”, As Amended, Regarding Concentrated Animal Feeding Operations (CAFO), for the 3rd and final reading. Motion carried 2-1. John Zentz voted nay.
BRUCE WAKELAND MEMORIAL FOREST TIMBER SALE
Bruce Wakeland, appeared before the Board to advise that the complaints of fallen trees crossing property lines has been taken care of in addition to a lane that was blocked during the harvest. The logger who did the logging actually lives one (1) mile from the Memorial Forest. Bruce indicated that he was very happy with the results of the timber sale.
Bruce Wakeland presented a contract in the amount of $4,200.00 for the control of Bush Honeysuckle in the west thirty-two (32) acres of the Marshall County Memorial Forest located in Section 28 of West Township, Marshall County, Indiana. The project will
3 begin during the winter of 2006/2007 and be completed by the end of August 2007. Payment is due upon the completion of the project.
Bruce explained that the Bush Honeysuckle is an imported invasive plant from Europe. It was initially used in lawns, but now has spread to the woodland where it eventually will crowd out other trees and the growth can become so thick that one cannot even walk through the woods. It can grow to fifteen (15) feet tall.
At this point approximately 50% of the under coverage is Bush Honeysuckle. Fifteen (15) of the thirty-two (32) acres needs to be controlled before it is too late.
Bruce admits that attempting to control the plant is new and he can’t say for sure how the process will go. He is still struggling to determine the best and most economical means of controlling this plant. Herbicide work well but is very expensive - $800.00 on five (5) acres on another woodland.
Bruce plans to go through the woods in February and cut down the biggest plants and treat the stubs with a cheaper herbicide. Then in the summer he will pass through the area again and spray the smaller plants with Round up. This process will not control and kill all the Bush Honeysuckle, but it will set the takeover of the forest back fifteen (15) to twenty (20) years.
John Zentz moved and Kevin Overmyer seconded the motion to approve the contract from Wakeland Forestry Consultants, Inc. in the amount of $4,200.00 for controlling the Bush Honeysuckle in the west thirty-two (32) acres of the Marshall County Memorial Forest. Motion carried 3-0.
RICK GAUL COMMON CONSTRUCTION WAGE COMMITTEE APPOINTMENT
Rick Gaul, from the City of Plymouth, appeared before the Board regarding an appointment to the Common Construction Wage Committee for the City of Plymouth Streets Projects.
John Zentz moved and Kevin Overmyer seconded the motion to appoint Tom Chamberlin to the Common Construction Wage Committee for the City of Plymouth Street Projects. Motion carried 3-0.
Rick advised the Board that the project regarding the County Building alley – catch basin in the center of alley with a sump pump would be capped off for now and the County can decide at a later date if a manhole and drain pipe will be necessary.
HIGHWAY REPORT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
4 Road Cuts:
United Telephone Company of Indiana:
North Sage Road between West 2nd C Road and 3B Road, Polk Township, located approximately 610” south of West 2nd C Road on Sage Road in the east right of way. Placing a pedestal on existing buried cable and boring west under Sage Road to place a buried service wire to a new home (2881) to provide telephone service to a new home.
9A Road near the stop sign to provide telephone service to the new Pilot Center. Neal advised that he sent a letter to the Pilot about possibly relocating their entrance away from the stop sign on 9A Road. The Pilot Center’s planned entrance is only fifteen (15) feet from the stop sign. The Board asked Neal to contract them again asking to move the entrance to the west.
Neal stated that the entrance was within the two-mile zone and the City of Plymouth approved the permit. Marshall County also gave approval for the Pilot Center to enter on a County Road but did not designate where. The Board said there are two (2) entrances and the permit only deals with one. This could be the County’s leverage to get the entrance in question moved.
John Zentz moved and Tom Chamberlin seconded the motion to approve United Telephone’s first request on North Sage Road. Motion carried 3-0.
The 9A request is tabled allowing Neal time to re-contact the Pilot Center to tell them to either move their entrance or it will be closed. Safety and traffic back up concerns dictate this decision.
Animal Incinerator:
The following companies supplied information and costs for Animal Incinerators:
OC Supply – 8’42” diameter $7,157.00 The Phoenix – either too small or too big Larry Lewis – 37”x79” (same as we have) $7,600.00
Neal recommends the Larry Lewis model, which is the same as the one they currently use. Even though it is a little more expensive, the department is familiar with the unit and they receive good customer service from this company.
The Board requests that Neal inquire if a used oil burner could be installed.
Commissioner Overmyer asked if the current unit could be repaired and given to the Humane Society. If it could, this would save the Highway Department a considerable amount of pick up time from the Humane Society. The Board asked Neal to inquire what
5 the repair costs would be and contact Nancy Cox at the Humane Society to determine their interest in having their own incinerator.
Tom Chamberlin moved and John Zentz seconded the motion to approve the purchase of the Larry Lewis Livestock Incinerator at a cost of $7,600.00. Motion carried 3-0.
Salt Bids:
The following companies submitted Salt Bids for 1750 tons of salt for 2007. They were opened and checked for proper document submission by Attorney James Clevenger:
Detroit Salt Declined to Bid
North American Salt $51.83 per ton – delivered Morton Salt $51.08 per ton – delivered or picked up Cargill Salt $52.99 per ton – delivered
Tom Chamberlin moved and John Zentz seconded the motion to take the salt bids under advisement. Motion carried 3-0.
Annual Bids:
Neal requested the opening of the Annual Bids be scheduled for December 4, 2006 at 1:00PM.
Chuckhole on 3B and Elm:
Neal informed the Board that this has been repaired.
Deposition With the County Attorney:
Neal is scheduled to meet with County Attorney James Clevenger on August 17, 2006 regarding a deposition on a lawsuit against the County.
Muckshaw Railroad Crossing Road Count:
Neal presented a traffic count report for Muckshaw Railroad Crossing south of Plymouth that indicated an average speed of 18.5mph at the railroad crossing and 1,193 vehicles per day. The traffic volume was actually less than the last time a road count was done. Sandi Seanor of MACOG contacted Brad Steckler at INDOT regarding safety issues at that location. There has been no response as of this date.
Bridge Inspection Updates:
6 Sixteen (16) of the seventeen (17) bridge inspections that Mike Strang could do have been completed.
Official Notification on Nutmeg and Discovery Lane: The Official Notification dedicating Discovery Lane to the City of Plymouth has been received.
The Board received a request for the County to pave a portion of West Jefferson Street in Culver, from Boestma’s Furniture to the trailer park. Culver also requests that the County dedicate this section of road to the Town of Culver. Neal will look into it. A decision needs to be make whether to dedicate the road prior to paving or after.
Jack Roose asked how determination is made on striping the County roads? He stated there was a rollover on 6th Road caused by cars crossing the centerline.
Judy Stone asked Neal to inform MACOG of the number of school buses that drive over the railroad crossing on Muckshaw Road.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes:
The minutes from the July 17, 2006 Commissioner Meeting were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approved the minutes from the July 17, 2006 Commissioner Meeting as presented. Motion carried 3-0.
Claims:
Debbie VanBlaricom, Claims Deputy Auditor, requested permission to prepay the City of Plymouth $300.00 for a deposit on a small hydrant meter and wrench.
John Zentz moved and Tom Chamberlin seconded the motion to approve the prepay request for the City of Plymouth. Motion carried 3-0.
Jan Quivey informed the Board that as of January 1, 2007 the Jail Bond Interest earned, through investments by Umbaugh and Associates will be $254,000.00.
The monthly claims were presented for approval and signatures. Tom Chamberlin moved and John Zentz seconded the motion to approve the August claims as presented. Motion carried 3-0.
7 FMLA Paid Leave:
Jan Quivey distributed copies of FMLA leave policy, which states FMLA leave may be requested by an employee for the following reasons: 1)birth and care of a child, 2) placement of a child for adoption or foster care, 3) care for a child, spouse or parent who has a serious health condition, and 4) the employee’s own serious health condition. He also distributed the County’s FMLA Leave Policy and the County’s Sick Leave Policy and explained that although the FMLA policy states that an employee, if required by County Policy, shall use paid sick leave as part of their FMLA leave entitlement, it may do so only if the County’s regular sick leave policy allows for the same uses as the FMLA policy.
Our County Sick Leave policy states that sick time can only be used for an employee illness or if the employee is contagious, not for taking care of a sick child, spouse or parent. However, our County FMLA policy requires the use of accrued sick time as part of the FMLA leave entitlement. Since the County policy requires the use of accrued sick time as part of the FMLA leave, and since the FMLA policy states that FMLA leave may be taken for the care of a seriously ill child, spouse, or parent, Jan says either our sick leave policy would have to be changed to include care of a seriously ill child, spouse or parent; or the County’s required use of sick time for FMLA leave needs to be eliminated.
Jan also stated that the County has to also decide if they want to allow the use of compensatory time for an FMLA reason which would be used prior to starting FMLA entitled leave. This would actually give an employee more than twelve (12) weeks off for an FMLA illness or injury. If compensatory time is allowed, it would have to be offered to all employees requesting the use of compensatory time for FMLA leave reasons, but it could not be required to be used.
Jim Clevenger will review the documents presented , and the matter will be discussed further at the August 21, 2006 Commissioner Meeting.
ATTORNEY REPORT
Attorney Clevenger appeared before the Board and discussed the following:
Jail Project:
Annexation agreement has not been received from the City of Plymouth, but the City has been furnished a copy of the Interlocal Government Agreement covering a host of projects.
Tap Fees:
The State Board of Accounts says the Interlocal Agreement would likely protect the County and City should certain fees be waived in exchange for other items of consideration.
8 Commissioner Overmyer said the County/City joint projects have come to a standstill. He suggests the Commissioners, Auditor, Mayor of Plymouth, Plymouth Common Council, Plymouth Clerk/Treasurer, County and City Attorney meet to talk things out in a Public Meeting.
John Zentz moved and Tom Chamberlin seconded the motion to have a joint County/City Meeting on Monday, August 21, 2006 at 6:30PM in Room 304 of the County Building. Motion carried 3-0.
Micah Kunkle Tort Claim:
A tort claim notice was filed by Micah Kunkle, a former prisoner, who got hurt while fighting with another inmate at the jail. Mr. Kunkle is suing the County, City and the Auditor’s Office. This matter needs to be referred to Gibson Insurance and our liability insurance company.
TAC
Mike Bernero inquired as to the status of the Enhanced GIS Fees? Jan Quivey said the final fee adoption is not settled yet. The fees will be greatly reduced from the original schedule, however, they will not be released until all the GIS data becomes available.
COMMISSIONER NOTES
There was discussion on hiring another consultant regarding salary recommendations, classifications, job surveys, performance evaluations, employee recognition programs, writing a policy manual etc.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
9 MONDAY, AUGUST 21, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, August 21, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
CONSTRUCTION CONTROL JAIL PROJECT UPDATE
Dennis Husted, Construction Control Site Manager, appeared before the Board and presented several photographs of the “work in progress” on the Marshall County Jail Project. He advised that the paving of the perimeter and inside footers are 80% complete at this time. He figures the site work will continue for about another month and one - half. Plans to tap into the water system will need to take place soon. Steel erection will start in mid September. The driveway from the jail site onto Pine Road had to be relocated due to six-foot deep topsoil.
COUNTY INSURANCE
MIKE MILEY, GIBSON INSURANCE:
Mike Miley, from Gibson Insurance Agency appeared before the Board to discuss our building, auto and liability insurance and worker’s compensation insurance. He informed the Board that the biggest changes in insurance rates is worker’s compensation – our rating went from .75 to .96 this year. We are still under the average, which is 1.0.
Insurance reviews occur every three (3) years and costs are based on a three (3) year average. As a new year comes on an old year drops off. We have been with Bliss McKnight for three (3) years. They are a very stable, consistent provider of insurance for Indiana Counties. Bliss McKnight also provides training to its clients. Gibson is trying to coordinate seminars with County Law Enforcement Agencies. Our insurance will be re-bid in 2007.
Mike mentioned when considering the 2008 budget to remember the additional insurance needs as a result of the new jail. He also indicated that it was time to do another building appraisal. He will provide the Commissioners with further information and costs for doing an appraisal.
With regard to “vendor insurance certificates” Mike suggested using Gibson to review them to make sure the language included is what is needed.
1 He presented a list of clients who use Gibson services.
The Board asked Mike to eliminate from the inventory list a radio tower that used to be located at the County Building.
Commissioner Kevin Overmyer mentioned that the new Museum buildings would have to be added to our policy once they are remodeled and dedicated to the County.
BRIAN LIECHTY – KL BENEFITS:
Brian Liechty from KL Benefits appeared before the Board to discuss the county’s health insurance. He stated that risk management is important in controlling health insurance rates. Technology and the use of health facilities affect costs. We need to meet the employee’s needs but at the same time try to maintain some control on usage through increased co - pays.
Brian is working with Paula Babcock to set up a wellness program. If successful, a wellness program can promote healthier lives as well as aid in controlling insurance costs. A wellness program requires participation on an individual level.
Weight control and smoking cessation are major parts of a wellness program. A wellness program does not directly result in a premium discount, what it does do is hopefully result in less claims to be processed which could eventually reduce premium costs. Ultimately the County could have a healthier group of employees.
The County offers two (2) health insurance plan options. The first is the original plan that offers the same coverage to families that employees receive and the second is a lower cost catastrophic type of insurance policy. Currently everyone is on the original plan.
TERRITORIAL ENGINEERING STRUCTURAL REPORT
Van Janovic, Territorial Engineering and Rich Ulrich, Maintenance Supervisor, appeared before the Board to explain some signs of damage found in both the interior and exterior walls of the Marshall County Building. Also seen is a settling of the sidewalks.
Van Janovic presented a report and photographs showing cracks on the interior block walls and the concrete sidewalks.
He advised that the cracking is probably a result of the use of the building, for example, for large assembly areas. These areas show the greatest stress. If control joints were installed initially we would not have this problem. Mr. Janovic stated that this is not a safety issue but more an aesthetic issue.
Rich informed the Board the according to the Fire Marshall, the room capacity for Room 307 is 150 people and for the Commissioners Room it is 55 people.
2 The sidewalk settling is a different issue that was most likely caused by water problems. We could remove the soil prior to replacing the sidewalks. The alley is solid which enables the City of Plymouth to go forward with their work.
MUSEUM FIRE PROTECTION CONTRACT
Rich Ulrich, Maintenance Supervisor, appeared before the Board to present a renewal contract from Shambaugh & Sons in the amount of $828.00 for the Marshall County Museum. The contract for annual inspection and testing begins September 1, 2006 and runs through August 31, 2007.
John Zentz moved and Tom Chamberlin seconded the motion to accept the contract from Shambaugh & Sons in the amount of $828.00 for annual fire inspection and testing at the Marshall County Museum. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project:
Interlocal Agreement: There is a County/City joint meeting scheduled for tonight.
Eckard Drainage and Sewer Agreement: Is not moving forward at this point.
Bridge 226, South Michigan Street:
The agreement has been received and further discussion will take place at the County/City joint meeting this evening.
US Abrasives:
The Auditor is securing title work as part of the assessment process and waiver of back taxes.
Highway v Watson:
Neal Haeck’s deposition was held on August 17, 2006. It is continued as more information is required.
New Business:
Revisions to Zoning Ordinance: The Plan Commission is considering and will likely send to the Commissioner for Ordinance modification, provisions that allow for “commitments” when the County considers either rezoning or variances. These “commitments” are permitted by law and allow the County to put conditions on rezoning.
3 They are recorded and stay with the property so if a condition is no longer met, the County has recourse.
LIBERTY MUTUAL PRESENTATION
Greg Lucas, David McMullen and Jim Linhart, representatives from Liberty Mutual appeared before the Board to present their Group Savings Plus” program. Through this program, employees can save 10% on their automobile insurance premium and 5% on their homeowners insurance premium. There is not a mandatory number of participants required to implement the program, the premiums can be payroll deducted, automatic withdrawal or billed to the employee. There are never any finance charges assessed to any premium no matter how it is paid.
Mr. McMullen stated that discounts remain in effect even after retirement, but of course, premiums won’t be payroll deducted. If an employee leaves for any other reason they can still maintain coverage but it will no longer involve the County.
Liberty Mutual has a 93% retention of clients every year.
Paula Babcock asked if they would be willing to attend the Department Head meeting and give a brief presentation? Mr. McMullen answered yes.
John Zentz moved and Tom Chamberlin seconded the motion to allow Liberty Mutual to attend the Department Head meeting and give a presentation. Motion carried 3-0.
HIGHWAY DEPARTMENT
Neal Haeck, Highway Superintendent appeared before the Board and presented the following:
Road Cuts:
NIPSCO: Southfield Subdivision - Road cut on North Cardinal Circle between East Cardinal Circle and West Cardinal Circle, Center Township, on the north side of North Cardinal Circle 300’ west from the east edge of Lot 24 to the west edge of Lot 23, on the north side of north Cardinal Circle 300’ west from east edge of Lot 24 to west edge of Lot 23 to install a gas main.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road cut requested by NIPSCO. Motion carried 3-0.
United Telephone/Embarq: Plymouth-Laporte Trail between Spruce Road and 3B Road, Polk Township, to bury 397 feet of cable for service and plant improvement in the right- of-way.
4 Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut requested by United Telephone/Embarq. Motion carried 3-0.
Pilot Service Center:
Neal advised that the Pilot Service Center was willing to move their entrance 30 feet to the west. The Board prefers use of the east drive and the complete elimination of the west drive. Neal will speak to INDOT regarding the use of the east drive and not using the west drive at all. He will also contact the Pilot Service Center representatives.
Animal Incinerator:
Neal is still waiting for a response from Larry Lewis with regard to rebuilding the old animal incinerator.
17C Road and Jefferson Street Paving:
Neal checked the area between 17C Road and Jefferson Street in Culver and stated it is approximately 860 feet.
Burr Oak and Washington Cemeteries:
Neal advised that the paving is complete and he has contacted other Township Trustees.
Salt Bids:
Bids for 1750 tons of salt were received from the following:
Morton $51.08/ton North American $51.83/ton Cargill $52.99/ton
Neal recommends accepting all three (3) bids so there would be choices in case Morton (first choice) was unable to deliver in a timely manner.
John Zentz moved and Tom Chamberlin seconded the motion to accept Morton, North American and Cargill Sale bids with purchases to be made in that order pending availability and delivery of salt. Motion carried 3-0.
Commissioner Zentz turned over two (2) horseshoes that came off of a horse traveling on 5B Road where it was chip and sealed. Commissioner Zentz asked Neal to please contact Ward Borkholder.
Commissioner Overmyer said he received a request to reduce the speed limit on Nutmeg Ridge north to Discover Lane from 45mph to 35mph.
5 Attorney Clevenger advised that in order to reduce the speed limit, a Public Hearing is required and an amendment to the speed limit ordinance must be done. He will draw up an amendment to the speed limit ordinance.
TODD THOMPSON/GREG HOLZWART PINE ROAD EXTENSION CRITTER CROSSING
Todd Thompson and Greg Holzwart appeared before the Board to discuss the importance of a critter crossing on the new Pine Road extension.
Greg Holzwart stated that he was a hunter and as such he has seen huge increases in white-tailed deer and other wildlife in the area where Pine Road will be constructed. He also said a significant number of animals currently go under the bridge at Glenn Overmyer Drive rather than across the road.
Todd Thompson said regular fencing not high fencing will suffice. He suggested that one of the planned culverts being installed along Pine Road be oversized to act as a wildlife tunnel. He said the tile system needs to be carefully considered or major water problems will result. He says a proposed detention pond without a spillway will cause problems on the farm ground.
In 1960 there were 400 deer/car accidents and in 2000 there 12, 000 deer/car accidents. Todd said that John Eagen of the DNA told him that all future state and federal highways will require critter crossings.
Todd is also requesting fencing along the new road to keep people off his farm property.
There was discussion on whether small wildlife would use an oversized culvert. Todd said other monies could be found through various wildlife organizations.
Michael Kummeth, DLZ says a retention pond not a detention pond is being proposed. A detention pond holds water and a retention pond will have a discharge to a legal drain.
DLZ – PROJECT UPDATE
Michael Kummeth and Bob Kirkley from DLZ appeared before the Board to give updates on the following projects:
Pine Road:
DLZ is providing an option with three (3) culverts with one (1) twelve feet wide and ten feet tall to allow deer and other wildlife to cross under the road. Depending on the location of this larger culvert, the costs vary from $350,000 to $450,000. There would also be additional costs for the purchase of right-of-way and fencing. An 8 foot chain link fence costs between $12-$25.00/foot. A 4-foot farm fence would be less expensive.
6 The original Pine Road Extension project cost was $3.6 million, however, due to inflation, the estimated costs have increased to $4 million. As prices for materials increase, the County’s share of the costs also increases. It could change from an 80/20 federal share/local share split to at 70/30 split. Michael Kummeth said some deer won’t use a game tunnel.
Commissioner Zentz says he would support a game tunnel only if other funding sources can be found.
Doug Thompson asked what the costs were for sidewalks on the South Michigan Street Bridge and pedestrian/bike trail on Pine Road from Lincolnway to US 30. He wants to know when the increased costs will stop.
A Multi use path requires a fence or concrete barrier between the walking and bicycle paths. The County is planning on only a single use path, which would only require widening the paved area and striping it.
Bridge 226:
The report has been submitted to INDOT. No response as of this date. The costs for this project have come down a little because the damage was less than anticipated.
Bridge 89:
The hydraulics have been completed and sent down state. The results are expected by the end of August. The project is estimated to be within the budget. There are wetlands involved so some additional mitigated wetlands may have to be constructed.
PUBLIC HEALTH COORDINATOR CONTRACT
Wes Burden, Health Department Administrator, appeared before the Board and presented a renewal contract for Sherrie Daniel, the Public Health Coordinator for August 2006 to August 2007. The contract is $47,736.00 annually.
Tom Chamberlin moved and John Zentz seconded the motion to approve and sign the renewal contract for Sherrie Daniel, the Public Health Coordinator for the period August 2006 to August 2007 in the amount of $47,736.00. Motion carried 3- 0.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
7 Minutes:
The minutes from the August 7, 2006 Commissioner Meeting were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve and sign the August 7, 2006 Commissioner Meeting Minutes as presented. Motion carried 3- 0.
Claims:
The mid month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve and sign the mid month claims as presented. Motion carried 3-0.
Public Access Counselor:
On August 17, 2006 Neal Haeck of the County Highway Department responded to the Public Access Counselor.
Contract between B.A. Martin and Marshall County (Hemminger House):
Jan Quivey gave the contract between B.A. Martin and Marshall County to Attorney Clevenger to review. This matter will be considered at the September 5, 2006 Commissioner Meeting.
HR Contract:
Jan asked the Commissioners if we should hire an HR Consultant for Performance Evaluation Training? The Board questioned how to require elected department heads to comply with completing annual evaluations. It was suggested to get the Council on board and tie compliance in completing evaluations with eligibility for wage increases. The Board suggests discussing this issue at the Department Head Meeting.
Tom Chamberlin moved and John Zentz seconded the motion to table this issue until after the Department Head Meeting. Motion carried 3-0.
TAC
Mike Bernero questioned the status of the in-house GIS program. He was told they are still working on it. He also stated concerns over the format of the current tax bills. He said the printing was small and very hard to read. Jan Quivey told him the State of Indiana will requiring the same format statewide in future years.
8 COMMISSIONERS
Arrow Head Country Resource Conservation and Development:
Commissioner Overmyer suggested that the Board appoint Jerry Pearson as an alternate board member to the Arrow Head Country Resource Conservation and Development Area, Inc. to replace Dean Manchester who passed away.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Jerry Pearson as an board member to the Arrow Head Country Resource Conservation and Development Area, Inc. to replace Dean Manchester who passed away. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
9 TUESDAY, SEPTEMBER 5, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Tuesday, September 5, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
PENNY LUKENBILL – TREASURER COMMISSIONER TAX SALE
Penny Lukenbill, Treasurer, appeared before the Board to discuss six (6) properties repeatedly on tax sale for delinquencies. To return the property to the tax rolls the County used to have to take title to the property and attempt to sell the properties. Now the County need only take possession of the tax certificate and hold a Commissioner’s Tax Sale. This means the County doesn’t take ownership of the property and is not responsible for any clean up. The Commissioners will schedule an Executive Session to determine a selling price for the properties.
The Tax Certificate Sale must be advertised 90 days prior to the sale. Penny recommends retaining SRI to conduct the process.
The properties to be advertised include 3 railroad right-of-way’s, US Abrasives, the Interstate Truck Plaza and a property in Lapaz east of 31 that abuts the railroad.
Upon review of the contract with SRI, Attorney Clevenger stated that they would charge $150.00 per parcel.
An Executive Session was set for Friday, September 8, 2006 at 8:15AM to determine the values of the properties included in the Commissioner Tax Sale.
Tom Chamberlin moved and John Zentz seconded the motion to accept the addendum to the SRI Contract to administer a Commissioner Tax Sale to sell delinquent property tax parcels. Motion carried 3-0.
CLYDE AVERY EMA MONTHLY REPORT
Clyde Avery, EMA Director, appeared before the Board and presented his August 2006 monthly report for review. Clyde commended Debbie VanBlaricom of the Auditor’s Office for her assistance in the reimbursement process with EMA grants.
1 Clyde advised that Homeland Security requires grant self audit of grants received in 2002, 2003, 2004 and 2005. There is a surplus of $3,276.45 from 2003 and 2004 grants – this money, or a portion of it, will have to be refunded to the State of Indiana. All of the 2006 grant money has been expended.
Clyde stated that a number of grants are available from the Indiana Department of Homeland Security (IDHS). There is a reimbursable grant for Court Security in the amount of $50,000 that needs to be applied for by October 31, 2006.
Rich Ulrich, Maintenance Supervisor, stated there is a need for any grant funds that can be obtained for additional Courthouse security.
John Zentz moved and Tom Chamberlin seconded the motion to allow Clyde Avery to proceed with the grant application for a Court Security System from the IDHS. Motion carried 3-0.
A priority list will be established to determine what security items will be purchased with grant funds. Additional security cameras will likely be a major item on the list.
IDHS also has an Aerial Photography GIS Grant in the amount of $11,250 that allows for the purchase of ten (10) Dell laptop computers for use in emergency response vehicles. They will provide GIS mapping for each vehicle. Clyde said that Michael Marshall, IT Director, recommended the grant application. Currently, law enforcement vehicles have laptop computers, but this grant would provide them to other emergency responders such as EMS. The computers could also be used outside of Marshall County by using the state’s orthophotography program. The application deadline is September 30, 2006 for this grant.
Tom Chamberlin moved and John Zentz seconded the motion to allow Clyde Avery to proceed with the grant application for ten (10) Dell laptop computers. Motion carried 3-0.
Clyde mentioned that he is investigating another grant for more than $17, 200 but the details are pending. Plymouth is eligible for a $37,000.50 grant for a Mass Casualty Triage Trailer.
Clyde stated that NIMS compliance is a requirement to be eligible for the grants, and to date only three (3) agencies have completed the NIMS Training. They are the County EMA, Lapaz Fire and one other agency.
Clyde presented a draft of a letter to IDHS that states we are progressing to become NIMS compliant.
Tom Chamberlin moved and John Zentz seconded the motion to have Kevin Overmyer sign the letter to IDHS stating that Marshall County is progressing towards being NIMS compliant. Motion carried 3-0.
2 Clyde mentioned that the County should start thinking about the NIMS requirements for 2007. There will be a 2-day mandatory training for Elected Executive Officials and Department Heads.
On September 23, 2006, from 8:00AM to 12:00noon there will be a drill at Centennial Park.
On September 6 & 7 a new Identification Card system installation will take place. Clyde will make this available to all County Agencies. Paula Babcock, Deputy Auditor, will have access to the system for providing County Employee Identification Cards.
Clyde presented a letter from the City of Plymouth stating that they are working with the County.
COUNTY CHRISTMAS PARTY
Emily Bowser, Assistant Administrator for Marshall Superior Court 2, appeared before the Board to request permission to host, and to have an extra hour to celebrate the Marshall County Christmas party on December 14, 2006.
John Zentz moved and Tom Chamberlin seconded the motion to allow an extra hour on December 14, 2006 to celebrate the Marshall County Christmas Party. Motion carried 3-0.
RALPH BOOKER ORDINANCE 2006 -14 ZONING ORDINANCE AMENDMENT ON WRITTEN COMMITMENTS
Ralph Booker, Plan Commission Director, appeared before the Board to request a Zoning Ordinance Amendment to allow written commitments, that are allowed by state statute.
Written Commitments allow the County to determine what uses a property can be used for before re-zoning is allowed. It can narrow the focus of a rezoning request. The amendment received approval on August 24, 2006 by the Plan Commission.
Ralph stated that most new zoning ordinances have the written commitments included. Modifications can be allowed only by going back to the Plan Commission and the Commissioners.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing regarding Ordinance Number 2006-14 – Amendment to the Zoning Ordinance to allow Written Commitments. Motion carried 3-0.
No comments.
3 Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing regarding Ordinance Number 2006-14 – Amendment to the Zoning Ordinance to allow Written Commitments. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass Ordinance Number 2006-14 Amending the Zoning Ordinance to allow Written Commitments on first reading. Motion carried 3-0.
CURT PALMER PART TIME EMPLOYEE
Curt Palmer, Prosecuting Attorney, appeared before the Board to discuss a part time employee, Cynthia Pucciarelli, in his office who has assumed the duties of another part time employee who left the office, as well as her current duties..
The Auditor’s Office notified the Prosecutor’s Office that Cynthia Pucciarelli was approaching the maximum number of work hours for a part time employee.
Curt read from a 1993 Ordinance stating that his employee fell under the guidelines of a “Permanent Employee” who has no hour limit. He also told the Board that this position is paid with Diversion Funds and there are no benefits.
Tom Chamberlin moved and John Zentz seconded the motion to allow Curt Palmer to continue to employ Cynthia Pucciarelli. Motion carried 3-0.
LINDA RIPPY INDOT-UNIFORM PROPERTY ACQUISITION OFFER
Linda Rippy, Museum Director, appeared before the Board and presented a Uniform Property Acquisition Offer from INDOT for the new museum buildings to be turned over to the County. Attorney Clevenger will review the document and it will be presented again at the September 18, 2006 Commissioner Meeting.
John Zentz moved and Tom Chamberlin seconded the motion to table the Museum Uniform Property Acquisition Offer to allow review by the County Attorney, and to consider it at the September 18, 2006 Commissioner Meeting. Motion carried 3-0.
MIKE STRANG RIGHTLEY DITCH DESIGN PROPOSAL
Mike Strang appeared before the Board and presented a proposal for the design of the Rightley Ditch under Michigan Road in the amount of $24,700. The proposal includes design for a concrete culvert. Mike feels it should be constructed with traffic control in mind to allow traffic flow during the construction period. The culvert measures 12’ high by 6’ wide – the total length would be approximately 116’ to 120’. The project is designed so as to not cause any erosion problems.
4 Tom Chamberlin moved and John Zentz seconded the motion to table the design proposal of the culvert under Michigan Road for the Rightley Ditch pending consultation with the County Surveyor. Motion carried 3-0.
Mike advised that the bridge inspection process is going very well. USI plans to do the underwater inspections next week.
HIGHWAY REPORT
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts:
UTS/Embarq: Cardinal Circle, between Oriole Lane and Oriole Lane, Center Township, to bury 606 feet of cable to provide service to a new home.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut request from UTS/Embarq as presented. Motion carried 3-0.
The Pilot Service Center – Neal will hold the request pending resolution of the entranceway to the facility.
17C Road –Jefferson Street in Culver: Kevin Overmyer will check with the officials in Culver.
Road Counts: Neal presented road count statistics for Hillcrest Lane between Candy Lane and Oak, located in the Tall Oaks Subdivision:
Northbound 133 vehicles Southbound 138 vehicles “ speed 30mph “ speed 31.7mph
Speed Limit on Nutmeg Road: Neal posted a 35mph speed limit sign on Nutmeg Road from Nutmeg Ridge Road to Discovery Lane. The Board elected to make the speed limit 30mph. Attorney Clevenger will present Ordinance Number 2006-13 amending the speed limit to 30mph.
Ward Borkholder, 5B Road: Neal met with Mrs. Borkholder and returned the horseshoes that came off of their horse. He told her that horseshoes were hard on tarred roads. Mr. Borkholder was not at home.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
5 Minutes: The minutes from August 21, 2006 Commissioner Meeting, August 21, 2006 County/City Meeting and August 24, 2006 Emergency Meeting were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve all three sets of meetings with a correction on the August 21, 2006 County/City Meeting to reflect 31 million dollars instead of 3.1 million. Motion carried 3-0.
Claims: The September monthly claims were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the claims as submitted except for the Court Ordered claim. Motion carried 3-0.
Payroll Deduction Charge: A $100.00 charge will be assessed to any vendor requesting payment through payroll deduction. Attorney Clevenger will draft an ordinance and present it to the Commissioners.
Maximus Contract: Jan Quivey informed the Board that we are in the first year of a three-year contract with Maximus.
Sick Leave: Attorney Clevenger is still investigating the County’s Sick Leave Policy to coordinate with Family Medical Leave Act’s definition of Sick Leave.
Department Head Meeting: Paula Babcock is in the process of coordinating vendors to attend the Department Head Meeting. The date will be announced soon.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and discussed the following:
Jail: Three (3) Interlocal Agreements proposals have been prepared to date, two (2) by the County and presented to City of Plymouth Attorney, Joseph Simanski, and one by the city, who submitted a revised agreement that includes some extra items. Copies of that agreement were distributed to the Commissioners.
Eckard Drainage & Sewer: A letter was mailed to Mr. Eckard, no response.
U.S. Abrasives Real Estate: Even with the decision to go forward with the Commissioner Tax Sale, Attorney Ted Ummel, representing Midwest Blast, still wishes to go ahead with the 137 petition to have the taxes waived and assessed value reviewed by PTABOA.
Speed Limit Ordinance: Attorney Clevenger presented Ordinance 2006-13 – Amending the speed limit to 30mph on Nutmeg Road from Nutmeg Ridge Road to Discovery Lane.
6 Tom Chamberlin moved and John Zentz seconded the motion to approve Ordinance 2006-13 Amending the speed limit to 30mph on Nutmeg Road from Nutmeg Ridge Road to Discovery Lane on first reading. Motion carried 3-0. Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and pass Ordinance 2006-13 on second and third reading. Motion carried 3-0.
Tax Sale: The Owners Objection Hearing is set for September 26, 2006. The Tax Sale is set for October 4, 2006 at 10:00AM.
Health Department v Azzarello: Attorney Clevenger filed suit on behalf of the Health Department to stop a septic system failure.
Prosecutor’s Request for Permanent Employee: Attorney Clevenger requested that Curt Palmer, Prosecutor, return to the Commissioner Meeting to discuss his earlier request to make Cynthia Pucciarelli a Permanent Employee. Attorney Clevenger explained that the County does not have a category called Permanent Employee since the 1998 Employee Handbook update. therefore the only options available are to request the Council to make her full time or limit her hours to thirty hours per week. Attorney Clevenger will check with the federal wage and hour guidelines and report back to Curt Palmer. Curt Palmer agrees to limit the Cynthia Pucciarelli’s hours to no more than thirty per week.
Tom Chamberlin moved and John Zentz seconded the motion to rescind the earlier motion making Cynthia Pucciarelli a permanent employee. Motion carried 3-0.
TAC
No Comment.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
7 MONDAY, SEPTEMBER 18, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, September 18, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
MELODY KRUGER-CASE DIRECTOR REQUEST FOR OFFICE SPACE
Melody Kruger, the recently appointed CASA Director, appeared before the Board to request permission to use office space in the former law library located in the basement of the courthouse. Mrs. Kruger explained that she feels having an office in a permanent location will encourage continuity to the program.
John Zentz moved and Tom Chamberlin seconded the motion to allow Melody Kruger, CASA Director to use the former law library located in the basement of the courthouse as the new CASA office. Motion carried 3-0.
Mrs. Kruger was asked by the Board to report periodically on the activity of the CASA program. She advised that they currently have twelve (12) newly trained volunteers plus some previous members.
TOM HINZ INTEGRA CERTIFIED DOCUMENT DESTRUCTION
Tom Hinz, representative from Integra Certified Document Destruction appeared before the Board and introduced his company and presented a brochure concerning document destruction and the various options provided by Integra. He indicated that Integra currently shreds for a number of Marshall County businesses.
They provide locked containers that can be left on site and then picked up at a later date for shredding. Each container holds approximately 175 to 200 pounds. We can have as many containers as needed.
Integra will quote either by the pound or the box. Boxes can be taken back to Elkhart and shredded there.
Rich Ulrich, Maintenance Supervisor, stated that last year other agencies also brought in boxes of records for destruction – this year those agencies will be allowed to bring their material to be destroyed but will be billed separately according to taxing unit.
1
Mr. Hinz stated that each truck holds five to eight tons of material and can handle all types of documents, including bound books. The cost for destruction would be determined by the weight and how much the County wants Integra to do.
Tom requested permission to visit offices and sites to get an estimate of the volume to be destroyed. Commissioner Zentz and the other Commissioners request that bidding be based on a per pound basis.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Highway v Watson: Discovery continues but no list from Plaintiffs of additional items.
Tax Sale: The owner’s objection letters have been sent out and set for hearing on September 26, 2006. The tax sale is scheduled for October 4, 2006.
Complaint: to Public Access Counselor by Illinois/Indiana, regarding the Watson vs. Highway, has been withdrawn.
Hemminger House: Commissioners need to approve and sign the Construction Administration Agreement between the County and B.A. Martin & Associates as required by INDOT. The cost of $20,000.00 is to be paid by INDOT with grant funds..
John Zentz moved and Tom Chamberlin seconded the motion to sign the Construction Agreement in the amount of $20,000.00 with B.A. Martin & Associates regarding the Hemminger House. Motion carried 3-0.
FMLA and County Sick Leave Policy: Still researching
Strang Proposal: For design of ditch – reviewed
New Business: Probation Department/Leon matter – filed a motion to Quash Production request from lawyer in civil lawsuit seeking information the Probation Department claims is confidential to its policies.
September 11, 2001 Memorial: Attorney Clevenger stopped by the 9-11 memorial, located in the parking lot on Jefferson Street, and noticed that it was difficult to read. Commissioner Zentz feels it should be moved to a more prominent location.
ED DEKKINGA SHRED-IT – DOCUMENT DESTRUCTION
Ed Dekkinga, representative from Shred-it, appeared before the Board to present information on his company regarding document destruction. Shred-it performed the
2 destruction of records last year. The Commissioners requested that their quotation for this year’s project should be based on a per pound basis. With Shred-it, the documents remain onsite, shredding occurs onsite, and the records stay within the county.
MUSEUM
Linda Rippy, Director of the Marshall County Museum, appeared before the Board to discuss INDOT’s request for Uniform Property Acquisition Offer of the two additional museum buildings. Attorney Clevenger has reviewed the document and requested that Linda obtain updated, separate agreements (Donation Offer and County Agreement with Marshall County Historical Society) from INDOT prior to having the Commissioners sign the offer.
The buildings were appraised: Parcel 1 at $125,000 and Parcel 2 at $130,000. The Historical Society will turn the buildings over to the County. Attorney Clevenger also suggests that separate agreements should be drafted for the two parcels.
The Board asked Linda and Jim to schedule a conference call with INDOT. Attorney Clevenger will draft two separate agreements for the parcels.
The grant application requires the building acquisition by the County before the grant monies can be distributed. The grant amount is for $ 680,000.
John Zentz moved and Tom Chamberlin seconded the motion to table the INDOT request for Uniform Property Acquisition. Motion carried 3-0.
WILLIAM CULPEPPER MANUFACTURING RESOLUTION
William Culpepper, an Attorney from North Carolina, appeared before the Board to present a Manufacturing Resolution for the Commissioners to consider adopting. He explained that as a Manufacturers Representative he is establishing a “grass roots” campaign to support and encourage domestic manufacturing and to attempt to allow the United States manufacturer to produce on a level playing field. If the Manufacturing Resolution was approved and signed it would then be forwarded to our State Legislatures.
John Zentz moved and Tom Chamberlin seconded the motion to table the Manufacturer Resolution and send copies to Patrick Kiely, Indiana Manufacturers Association; Doug Anspach, Chamber of Commerce; and Sam Schlosser, Plymouth Foundry for their input. Motion carried 3-0.
AUDITOR’S REPORT
Jan A. Quivey, Auditor, appeared before the Board and presented the following:
3 Minutes: The September 5, 2006 Commissioner Meeting minutes were presented for approval and signatures. Tom Chamberlin moved and John Zentz seconded the motion to approve the September 5, 2006 Commissioner Meeting minutes as presented. Motion carried 3- 0.
Claims: Jan Quivey requested a claim for the upcoming Auditor’s Conference be prepaid to save the county $40.00 on registration fees.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request to prepay a claim for the upcoming Auditor’s Conference. Motion carried 3-0.
There was some discussion and concern over the process of mandates of non-emergency claims.
John Zentz moved and Kevin Overmyer seconded the motion to have Commissioner Chamberlin and Attorney Clevenger meet with all three (3) courts regarding the mandating of claims. Motion carried 3-0.
The mid month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid month claims except for the court order. Motion carried 3-0.
RALPH BOOKER ORDINANCE 2006-14 WRITTEN COMMITMENTS
Ralph Booker, Plan Commission Director, appeared before the Board for the 2nd reading of Ordinance 2006-14 – An Ordinance Amending Ordinance Number 1000, Commonly Known as “The Marshall County Zoning Ordinance”. The ordinance gives the Plan Commission and the BZA authority to require a Written Commitment from applicants for zoning.
John Zentz moved and Tom Chamberlin seconded the motion to suspend the rules and consider Ordinance 2006-14 on 2nd and 3rd readings. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to approve Ordinance 2006-14 on 2nd and 3rd readings. Motion carried 3-0.
Judy Stone: asked for an update on the construction of the jail from Commissioner Chamberlin.
Commissioner Chamberlin stated that the rain has caused some delays; they are currently approximately one (1) week behind schedule. The concrete has been laid so the steel
4 cells can be installed for pod A. The plumbing is in and electrical will be completed soon.
There have been several change orders, the largest being changing the grade in the employee parking lot from 4% to 2%. Another was changing from copper to stainless on the electrical side and changing the driveway material from limestone to a locally delivered composite material.
Commissioner Chamberlin said that Marshall County wouldn’t have the same problems with waterlines that the St. Joseph County Jail had.
The steel delivery is behind schedule at this time.
TAC
No Comment.
COMMISSIONER ITEMS
Commissioner Overmyer mentioned that he received a letter from a lady regarding the large structure on the corner of Michigan Road and 5C Road and asked if the County could do anything about it.
An Ordinance allowing for a Commissioner Tax Sale to sell tax sale certificates for properties that have been delinquent in paying property taxes for a considerable length of time will be presented at the October 2, 2006 Commissioner Meeting.
Tom Chamberlin moved and John Zentz seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
5 MONDAY, OCTOBER 2, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, October 2, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
CLYDE AVERY EMA MONTHLY REPORT
Clyde Avery, EMA Director, appeared before the Board and presented his September 2006 monthly report. He also advised the Board that the September 23, 2006 community-wide drill went well.
A disaster drill involving Miller’s Merry Manor Nursing Home will be held on Wednesday, October 4, 2006 at 6:00PM.
The community-wide drill critique will be on Thursday, October 5, 2006 from 2:00PM to 3:00PM at Saint Joseph’s Regional Medical Center on the second floor in the boardroom.
Statewide Pan Flu teleconference table top exercise will by held on Tuesday, October 24, 2006 at the National Guard Armory in South Bend, IN. Clyde was asked to attend as the EMA representative for District 2.
Clyde informed the Board that federal grant money has been reduced by 45%. 2006 fiscal year grant money will be designated for specific projects identified by the Indiana Department of Homeland Security. District agencies will be given money for projects that will benefit the entire district, i.e. Plymouth Mass Casualty Trailer and the St. Joseph Hazmat Team will be available for all seven (7) counties in the district. The procedure in the event of an emergency is to notify the State and the State deploys the teams.
GIS laptops for emergency response vehicles and the Court Security System Improvements have been ordered. Once received and paid, a claim will be sent to the State for reimbursement. The Court Security System was $26,000 and the GIS laptops were $11,000. The GIS laptops and the Courthouse security systems upgrades are not affected by the grant limitations.
Several County agencies did not meet the September 15, 2006 NIMS Compliance deadline potentially affecting their ability to receive future grant funds. Further training will be required for response agencies and officials.
1 The Cardsmart I.D. system is still being perfected. The County had the company upgrade the software to allow us to be compatible with an I.D. system the State of Indiana is looking at called ‘Salamander”. The Salamander system will allow credentialing which is a NIMS requirement. Clyde will meet with the Sale Representative on Tuesday to learn more.
COUNTY WIDE PRESCRIPTION DRUG PLAN
Jan Fisher, Clerk, appeared before the Board to request permission for her and Larry Fisher to spearhead a NaCo Prescription Discount Card Program administered by Caremark Rx, Inc. for county residents who have high prescription drug costs and no insurance. The program is also available to those with insurance if their insurance company does not cover a particular drug.
The savings average about 20% depending on the drug and quantity purchased. Cardholders are eligible for higher discounts on a three-month supply of some medications through mail service. There is no enrollment form, no membership fee and no restrictions or limits on frequency of use. Cardholders and family members may use the card any time their prescriptions are not covered by insurance. Cards will be available at ten (10) participating local drug stores and other locations to be determined. NaCo will print all the cards at no cost to the County.
Jan Fisher presented a NaCo contract to be reviewed by Attorney James Clevenger. It will likely take 2-3 months to implement the program. Currently. Three (3) other counties are offering the prescription card program.
John Zentz moved and Tom Chamberlin seconded the motion to allow Jan and Larry Fisher to proceed with the NaCo Prescription Discount Card Program after Attorney Clevenger reviews the contract. Motion carried 3-0.
Update on the collection of outstanding court fees, fines and MCDAP fees – to date $39,784.90 has been collected.
ELECTION EXTENDED OFFICE OPENING REQUEST
Clerk Jan Fisher requested the Clerk’s Office be open on Saturday October 28 and Saturday November 4, 2006 for the election.
John Zentz moved and Tom Chamberlin seconded the motion to approve the request for the Clerk’s office to be open on October 28 and November 4 prior to the election. Motion carried 3-0.
2 M.A.I.L. GROUP
Chris Willis, representative from the M.A.I.L Group, in Lafayette, IN, appeared before the Board to discuss outsourcing of certified mail. His program requires no contract and no license fees. Its service is web-based so there is no software purchase required. The County will save money on each piece mailed. Currently, twenty-two (22) counties use the program. A one (1) ounce piece of certified mail will cost $1.87, saving $1.89. The only cost to the County will be for the purchase of parcel packs, which are $.88 each – when purchased in lots of 100 to 1000.
Mr. Willis also advised that the M.A.I.L. Group can do Demand Notices for the Treasurer and also Form 11’s.
The Commissioners recommend that Jan Fisher and Patty Jones (Voter Registration) along with any interested Court personnel and Commissioners who would like to go, schedule a road trip to Allen County to get a better perspective as to how the system works.
The Postal Service will be experiencing major changes in the near future – meters will have to be digital by 2007. Users will be required to buy ink cartridges from Hewlett Packard, and the Postal Service is going to shape and weight based rates.
ALLEY WORK – CITY OF PLYMOUTH
Rick Gaul, City Engineer, appeared before the Board and stated that the City of Plymouth has approved work on the alley on the east side of the County Building. There will be a storm sewer going in and running to the north with a catch basin in the middle of the alley. The work may begin next week and should be completed in about seven (7) days including black topping. The Commissioners asked that the City avoid closing the alley on election day and the days leading up to tax collection.
MIKE BOYS – REQUESTS FOR TEMPORARY EMPLOYEE STATUS
Mike Boys, Assessor, appeared before the Board to request that his two (2) part time employees be categorized as temporary employees for the balance of the 2006 year at the same rate they are currently being paid due to the additional work required because of trending. The Temporary status is allowed under County policy as long as the employees and involved in a project with a specific time frame for completion. This status overrides the1,499 hours annual work limit placed on part time employees.
John Zentz moved and Tom Chamberlin seconded the motion to approve the requested employee status change from part time to temporary for two (2) employees in the Assessor’s Office for the remainder of 2006. Motion carried 3-0.
3 MEMORANDUM OF UNDERSTANDING PUBLIC HEALTH COORDINATOR
Sherrie Daniel, Public Health Coordinator, appeared before the Board and presented a Memorandum of Understanding, as required by the State of Indiana, between the Marshall County Health Department for the use of printing companies and pharmacies. The agreement is between Marshall County Health Department and entities regarding a health emergency (Pandemic). She requested that it be reviewed and approved for use. Jim Clevenger stated an ordinance is in place to allow a procedure for funding and payment of expenses involved with a health emergency.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Memorandum of Understanding following the funding procedures established per the emergency ordinance. Motion carried 3-0.
HIGHWAY
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cuts:
UTS/Embarq:
6B Road between King Road and Jarrah Road, North Township, to bury 730 feet of cable for service improvement;
9A Road between US 31 and King Road, Center Township, on the west side of King Road going under 9A Road, to provide telephone service to the Pilot Travel Center.
Tom Chamberlin moved and John Zentz seconded the motion to approve the UTS/Embarq road cuts as presented. Motion carried 3-0.
Muckshaw Railroad Crossing:
No further updates but will meet with Sandi Seanor this week.
Southfield Subdivision:
Dean Stump, owner, inquired when the County will take over the roads in the Southfield Subdivision. Neal will check with the Plan Commission to see if the road improvements are acceptable before the County would take possession.
The Board also asked Neal to check on Del Wenzel’s subdivision as well.
4 2006 Road Program:
Neal presented the final tally of the 2006 Road Program – it showed the actual miles and costs spent in each township on Marshall County Roads during 2006. The Highway Department improved 86.652 miles of at a cost of $722,835.73.
Proposals for Design of the Rightly Ditch:
Neal presented two (2) proposals for the design of the Rightly Ditch under North Michigan Street:
Strang and Associates $24,700 USI $21,100
Neal recommended that we hire USI to design the Rightly Ditch on Michigan Street at a cost of $$21,100.
John Zentz moved and Tom Chamberlin seconded the motion to accept the Highway Department’s recommendation of selecting USI to do the design work on the Rightly Ditch on Michigan Street at a cost of $21,100. Motion carried 2-0. Kevin Overmyer abstained.
Lawson Fisher & Associates:
Neal advised the Board that Lawson Fisher & Associates notified him of two (2) bridge projects scheduled to go over theUS 31 as part of the new US 31 project– one at Plymouth/Goshen Trail and US 31 and one at 6th Road and Lilac at US 31. A preliminary meeting is scheduled for November with work hopefully to begin by next year.
Once the new US 31 is constructed from 4th Road North, the current US 31 will become the County’s responsibility.
Commissioner Zentz asked Neal to check on the standing water in the Carriage Hills Subdivision.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project: Presented the fourth Interlocal Agreement and Change Order Analysis.
Highway v Watson: Discovery continues but no list from Plaintiffs of additional items.
5 Tax Sale: The order for Tax Sale was approved last week. The sale is scheduled for October 4, 2006 at 10:00AM in the room 307 of the Marshall County Building.
FMLA Sick Pay Issue: A letter was sent to the Commissioners recommending that the County’s sick leave policy remain unchanged. Current policy says sick leave can be used for only two (2) purposes. 1) Injury or illness of the employee, and 2) to avoid jeopardizing the health of other employees. County policy also states that an employee is required to substitute accrued sick leave, along with accrued vacation and personal leave, for any part of the 12-week period of such leave under the County’s FMLA policy.
Judicial Court Orders: Attorney Clevenger and Commissioner Chamberlin met with Judge Colvin regarding prepay court orders. While this matter is being explored Jim will work on drafting a prepay ordinance dealing with non-emergency prepay claims and Judge Colvin will hold off issuing court ordered claims until the matter is resolved..
State v Sheskey: The State has filed a land condemnation against a property owner for land along State Road 10. The County was named for real estate tax interest, so Attorney Clevenger will enter his appearance and monitor the situation.
Justin Whitt v County: Plaintiff is a seriously injured minor who was in a car driven by Kristy Andersen. Ms. Anderson stated she was unable to stop at the Highway 6 intersection “because of black ice covering the intersection.” Our insurance carrier denied the tort claim notice for a number of reasons and likely will vigorously defend. Jim has referred the suit papers to Gibson Insurance.
Porter County Juvenile Detention Agreement: The contact is in the amount of $71,500. annually for 650 bed days ($110 per bed day). The Board requested that the Chief Probation Officer report on bed usage for this year prior to extending the contract.
Jones v Womacks: Attorney Clevenger asked if the County wanted to sign on an Amicus Brief on behalf of the AIC (Association of Indiana Counties). The Court of Appeals determined that the remonstrance process that only counts landowners is unconstitutional. The Amicus Brief challenges this ruling.
John Zentz moved and Tom Chamberlin seconded the motion to have the County sign on to the Amicus Brief. Motion carried 2-1. Kevin Overmyer opposed.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes: The September 18, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
6 Tom Chamberlin moved and John Zentz seconded the motion to approve the September 18, 2006 Commissioner Meeting Minutes as presented. Motion carried 3-0.
Claims: The October claims were submitted for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the October claims as submitted. Motion carried 3-0.
2007 Holiday Schedule: The 2007 Holiday Schedule was submitted for approval. Jan Quivey asked the Board to consider moving Columbus Day from October to Monday, December 31, 2007 New Years Eve allowing for a four (4) day weekend over the New Year’s 2008 Holiday.
John Zentz moved and Tom Chamberlin seconded the motion to move Columbus Day from October to Monday, December 31, 2007 New Years Eve Day. Motion carried 3-0.
2007 Commissioner Meeting Schedule: The schedule was submitted for approval.
Tom Chamberlin moved and John Zentz seconded the motion to approve the 2007 Commissioner Meeting Schedule as presented. Motion carried 3-0.
2007 Payroll Schedule: The schedule was submitted for approval.
John Zentz moved and Tom Chamberlin seconded the motion to approve the 2007 Payroll Schedule as presented. Motion carried 3-0.
Manufacturing Resolution: Jan Quivey asked the Board if they had made a decision on the Manufacturing Resolution presented at the previous meeting. Commissioner Overmyer stated that the State Manufacturing Association is looking into the resolution. The Association said the County was wise to hold off signing the resolution, pending further review.
PENNY LUKENBILL
Penny Lukenbill, Treasurer, appeared before the Board and presented a contract requesting to change the company that processes credit card payments for the payment of property taxes. Currently, 3% is being charged directly to the taxpayer.
The new company, Certified IT charges 2.75% and the County will receive the difference between the charge to the property owner and what the credit card company charges. Their credit card process is easier to use and debit cards are also allowed. Certified IT would also install a kiosk in the Treasurers Office for taxpayer convenience.
7 Tom Chamberlin moved and John Zentz seconded the motion to table the request until the County Attorney can review the contract. Motion carried 3-0.
RESOLUTION 2006-12
The Commissioners presented Resolution 2006-12 to Penny Lukenbill congratulating her on being recognized as Outstanding Treasurer by the Association of Indiana Counties (AIC), and for her accomplishments and the many significant contributions to the citizens of Marshall County as Treasurer and to all Treasurers statewide.
Tom Chamberlin moved and John Zentz seconded the motion to pass Resolution 2006-12 recognizing Penny Lukenbill as Indiana Outstanding Treasurer of the Year. Motion carried 3-0.
COMMISSIONER ITEMS
Jail Information: Commissioner Chamberlin – Patriot Engineering, a company that tests soil and concrete submitted a bill for $6,072.50, which will be paid from CAGIT funds, not through the Holding Corporation.
John Zentz moved and Tom Chamberlin seconded the motion to approve the payment submitted by Patriot Engineering in the amount of $6,072.50. Motion carried 3-0.
Gibson Insurance – Builder’s Risk Insurance (insurance during the period of jail construction) in the amount of $14,240. will be paid from CAGIT funds.
John Zentz moved and Tom Chamberlin seconded the motion to approve the payment submitted by Gibson Insurance Agency in the amount of $14,240. Motion carried 3-0.
Change Order 004: Commissioner Chamberlin reported two (2) change order credits in the amount of $29,109.00 from Casteel (originally paid from the Holding Corporation) – one was from eliminating the installation of an ornamental fence and replacing it with a standard chain link fence ($22,359.00) and the second credit was from eliminating soil poisoning (a treatment for bugs and termites), at a savings of $6,750.00.
John Zentz moved and Tom Chamberlin seconded the motion to accept Change Order 004. Motion carried 3-0.
8 TAC
Mike Bernero wanted to know if the CAGIT and Change Order items increased the cost of the jail? He was told no, as the Change Orders were a Credit. Future Change Orders could increase the jail cost.
He also presented opinions on the remonstrance process and his wish for a referendum determining public building projects rather than the current remonstrance process.
He voiced his disapproval of the format of current tax statements, he said they were difficult to read.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
9 TUESDAY, OCTOBER 17, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Tuesday, October 17, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
DENNIS HUSTED – CCI – JAIL PROJECT UPDATE
Dennis Husted, Project Director for the Marshall County Jail Project appeared before the Board, presented pictures and gave an update.
He stated that the site work was 70% complete, but they are a little behind schedule. 80% of the grade work is completed.
Natural gas lines will be installed soon; the pavers will install 60% of the asphalt this year; the foundation and concrete work has been completed in Section B; the steel structures and frames are erected; and the floor joists for Unit A will come in next year. The closing date for the building will be backed up to the 1st of January 2007.
Commissioner Chamberlin presented two (2) change orders:
Change Order 14 –A change from a 12” diameter wet well to a 6” wet well as well as changing pumps to Mayer Plumbing and Heating will reduce the cost by $19,388.29.
John Zentz moved and Tom Chamberlin seconded the motion to accept Change Order 14, a cost reduction in the amount of $19,388.29. Motion carried 3-0.
Change Order 15 – Is a voluntary equipment change to a captive air range hood with a reduction in the amount of $8,000.00.
John Zentz moved and Tom Chamberlin seconded the motion to accept Change Order 15, a cost reduction in the amount of $8,000.00. Motion carried 3-0.
Commissioner Chamberlin presented an invoice from NIPSCO in the amount of $1,903.20 to be paid through CAGIT for 1,055’ of 2” gas line for a temporary heat line.
John Zentz moved and Tom Chamberlin seconded the motion to approve the NIPSCO invoice in the amount of $1,903.20 for a temporary heat line. Motion carried 3-0.
1 RICH ULRICH
Rich Ulrich, Maintenance Supervisor, appeared before the Board and presented the following:
Waste Management Contract: The one-year renewal contract from Waste Management was presented for approval. Attorney Clevenger asked that the ten (10) day interest clause be eliminated. Rich explained that for early signing, the County would receive a $25.00 discount on its next billing. The monthly billing of $262.55 includes pickup at three locations.
Tom Chamberlin moved John Zentz seconded the motion to accept the one-year renewal contract with Waste Management at a cost of $262.55 per month, with the contract to begin October 28, 2006. Motion carried 3-0.
Museum Heating and Cooling System: Rich explained to the Board that there is a heating problem on the main floor of the Museum. A draft induction system on the current system would be a temporary fix at a cost of $1,000.00.
Rich recommends that a new system be installed at some point in the near future and he requests permission to proceed with researching a new system. He informed that Board that new systems are 90% efficient which would be a savings. However, the installation of a draft induction system is needed now because currently there is no heat on the first floor of the Museum.
Commissioner Zentz suggests looking into a new system before spending $1,000.00 on a stopgap measure.
Commissioner Overmyer agrees with Commissioner Zentz and requests that Rich research the costs for a new heating/cooling system for the Marshall County Museum.
John Zentz moved and Tom Chamberlin seconded the motion to have Rich Ulrich, Maintenance Supervisor, research information and costs on a new furnace and a timetable for installation. Motion carried 3-0.
CLYDE AVERY – PREPAY CLAIMS
Clyde Avery, EMA Director, appeared before the Board to request prepayment of claims with grant funds.
$11,250.00 for 10 Laptop Computers – all have been distributed. $25,496.00 for Courthouse Advanced Security System – equipment is in and will be installed next week.
2 Tom Chamberlin moved and John Zentz seconded the motion to approve the prepayment of two (2) claims in the amounts of $11,250.00 and $25,496.00 for ten (10) laptop computers and the Courthouse Advanced Security System. Motion carried 3-0.
SHERIFF’S DEPARTMENT- CODE RED CONTRACT
Code Red Contract (Reverse 9-1-1): - Detective Ward Byers and Captain Mark Secor appeared before the Board to request extending the Code Red Contract – Reverse 9-1-1 for an additional one (1) year from its termination date of October 1, 2006. The one (1) year extension to the original contract will cost $5,000.00.
Code Red has been integrated with EMA and the Health Department for emergencies and mass inoculations. The 20,000 prepaid minutes for $5,000.00 agreement was successful in a Bremen gas leak incident this past year.
Commissioner Overmyer suggested the Code Red system be set up for other emergencies that are not related to Homeland Security, such as the boiler failure in the Town of Argos.
Ward said a fee schedule could be established for such emergency needs and he would be more than willing to discuss it further. Code Red is predominately for land based phones, but individuals can access the Marshall County Sheriff’s Department website at marshallcountysheriff.net and request that their cell phone number or unlisted landline be included as part of the emergency notification system.
Text messaging will eventually be available. Marshall County is currently on a Beta Test site for text messaging.
John Zentz moved and Tom Chamberlin seconded the motion to accept the Code Red Contract addendum for an additional year at a cost of $ 5,000.00. Motion carried 3-0.
Commissioner Overmyer suggested that a member of the Board of Commissioners sit on the Code Red Board of Directors. He recommended Commissioner Chamberlin.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Commissioner Tom Chamberlin to the Code Red Board of Directors. Motion carried 3-0.
2007 Vehicle Requests: - Mark Secor appeared before the Board on behalf of Sheriff Ruff to request permission to begin the purchasing process for five (5) full sized vehicles and one (1) mid sized vehicle for the Marshall County Sheriff’s Department.
3 John Zentz moved and Tom Chamberlin seconded the motion to approve the request to begin the purchasing process for five (5) full sized and one (1) mid sized vehicles for the Marshall County Sheriff’s Department. Motion carried 3-0.
DENNIS ELLIOTT TOWN OF BOURBON BUILDING INSPECTIONS
Dennis Elliott, Building Inspector, appeared before the Board along with Kim Berger, Clerk of the Town of Bourbon, to request permission for Dennis Elliott to inspect two (2) unsafe buildings in Bourbon.
The Board sees no problem with the request. Attorney James Clevenger’s only concern is that perhaps other towns may make the same request.
Tom Chamberlin moved and John Zentz seconded the motion to allow Dennis Elliott, Marshall County Building Inspector, to inspect two (2) unsafe buildings in the Town of Bourbon while on county time and to make recommendations from his findings to the Town of Bourbon. Motion carried 3-0.
JOHN OLIVER COUNTY ECONOMIC DEVELOPMENT PLAN
John Oliver, appeared before the Board and presented his thoughts on the implementation of a Marshall County Economic Development Corporation. He referred to his earlier discussion on implementing an EDIT tax to offset the loss of the Inventory Tax. He now feels the tax could best be used to promote economic development.
Some basic truths: 1. Marshall County does not have an Economic Development Corporation to promote investment and new jobs; 2. Marshall County is not succeeding in competition with other counties and states; 3. Marshall County’s voluntary Board is not effective;
John Oliver asked the Commissioners to endorse the founding of a Marshall County Economic Development Corporation. The Board would hire a full-time Director and staff.
Funding: Mr. Oliver proposes that Marshall County impose an EDIT tax to establish the Corporation, which would be a non-profit organization. Tax distribution would be divided to the various taxing units. Individual taxing units would contract with the Corporation for economic development.
He said a four – hundredths percent (.04%) EDIT tax would generate approximately $300,000.00 annually at an average payroll deduction of $12.00 annually.
4 Current CAGIT Tax - 1.0% Regular .25% Jail CAGIT .04% EDIT 1.29% Total
Marshall County is the only county in our area that does not have an EDIT tax. Mr. Oliver stated that the funding of an Economic Development Corporation and the growth in investment and jobs in Marshall County are closely related.
He informed the Board that he has commitments for seed money from private sources to get the project going and to fund the Corporation until such time as the EDIT tax fund becomes available. The full-time Economic Development Director would serve all areas of the County.
Whitely County started their Economic Development Plan thirteen (13) years ago and since that time, 4,800 jobs have been created (1,200 jobs were also lost, leaving a net gain of +3600 jobs) and $970 million in new investment. Their budget was $300,000.00. They have an EDIT tax as well as private contributors.
Commissioner Overmyer said the concept has community support from both Bourbon and Bremen.
Marshall County is losing jobs and new business’ that are replacing lost business’ provide lower income jobs. Dr. John Hill, Superintendent of the Plymouth Schools said that 50% of the students are eligible for assistance.
John Oliver suggests the Commissioners appoint a “study” committee to develop an Economic Development Plan to bring to the Commissioners.
David Miller of VanVactor Development supports the Economic Development efforts and would participate in public/private partnership.
Commissioner Overmyer says if we don’t do this we are missing the boat.
Commissioner Zentz is also in favor of this initiative.
John Zentz moved and Tom Chamberlin seconded the motion to have John Oliver meet with the Council and recommend the establishment of an EDIT tax for the purpose of developing an Economic Development Corporation and hiring a full- time Economic Development Director and staff, and to have Attorney James Clevenger prepare a resolution to take to the County Council stating the Commission’s support. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to have Commissioner Kevin Overmyer head up the Adhoc Committee to develop an economic development plan. Motion carried 3-0.
5 DEAN SARBER CORNER POST 6TH ROAD AND PLYMOUTH/LAPORTE TRAIL
Dean Sarber appeared before Board regarding a 1916 corner post in the County’s right of way at the intersection of 6th Road and Plymouth/Laporte Trail. He wanted to know who owned it. He said it was damaged by the Highway Department and he repaired it and sent a bill to the Highway Department. Mr. Sarber wants to sell the post to the County.
Neal Haeck, Highway Superintendent, stated the corner post is a road hazard as you look toward the north. The Commissioners will go to the site and determine if the corner post is indeed a road hazard. If it is, they will remove it.
Mr. Sarber asked the Commissioners how they could remove it unless they could prove they owned it?
Mr. Sarber also wanted to know who owned the EPIC tower in Tyner? Attorney Clevenger informed him that it belongs to the Marshall County Health Department.
DLZ PROJECT UPDATE
Michael Kummeth and Bob Kirkley, from DLZ appeared before the Board and gave the following updates on current county projects:
Pine Road Project: Michael Kummeth reported that he had researched the “wildlife crossing” with several agencies and found that there are no special funds available to construct such a crossing. The County could apply for an 80/20 grant through MACOG if they desire.
John Zentz moved and Tom Chamberlin seconded the motion not to apply for funds nor put a “wildlife crossing” on the new Pine Road extension. Motion carried 3-0.
Attorney Clevenger will notify Doug and Todd Thompson of the Boards decision.
Bridge 89 – Yellow River:
The hydraulic review has been completed; waiting for the official comment; The Delineation Report is completed and submitted; DLZ is looking at a 4 to 1 ratio wetland mitigation; The County will provide extra fill if needed
Bridge 226 – Michigan Street:
Still waiting for design approval from INDOT; DLZ requests permission to proceed with taking the project to the Plan Commission;
6 DLZ has been working with the Plymouth Economic Development Commission regarding this project Tom Chamberlin moved and John Zentz seconded the motion to allow DLZ to proceed on the design schedule. Motion carried 3-0.
Michael Kummeth advised that they are on target for a mid summer 2007 start date for construction.
APEX BENEFITS GROUP, INC. GREG FOX
Greg Fox, Benefits Consultant from APEX Benefits Group, Inc. appeared before the Board to introduce his company and request permission to explain his health insurance benefit package to the County. He said his company is endorsed by the Association of Indiana Counties (AIC). He will contact Paula Babcock, Deputy Auditor HR early in 2007 to review benefits.
SOUTHFIELD SUBDIVISION ROADS RALPH BOOKER
Ralph Booker, Plan Commissioner and Neal Haeck, Highway Superintendent, appeared before the Board and presented a Certificate of Completion and Maintenance Agreement and requested that the County accept the roads in the Southfield Subdivision located on the corner of 11th Road and King Road.
The roads were originally put in nine (9) years ago by Dean Stump. Mr. Stump sold the subdivision and recently got it back. Within the last month the roads have been repaved and Mr. Stump requests that the roads be accepted by the County and requests waiver of the Maintenance Certificate. Neal has inspected the roads and informed the Board that they are in excellent condition.
John Zentz moved and Tom Chamberlin seconded the motion to accept the roads in the Southfield Subdivision into the County Road System per Neal’s recommendation. The performance bond will now be released. Motion carried 3-0.
Attorney Clevenger said perhaps there should be additional documentation in addition to the Certificate of Completion and Completion Affidavit. After further discussion, Ralph Booker was asked to inspect the Mylar.
Tom Chamberlin moved and John Zentz seconded the motion to approve a one (1) year Maintenance Agreement with no bond required. Motion carried 3-0.
7 HIGHWAY REPORT
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts:
UTS/EMBARQ: Two (2) requests:
Quince Road and 4th Road between 4B Road and Pine Road, Polk Township, starting at 4B Road and going north on Quince Road to 4th Road and then going east on 4th Road to Pine Road for service upgrades and provide service to new homes.
Sage Road between 11th Road and 12th Road, West Township, to bury 1249 feet of cable.
John Zentz moved and Tom Chamberlin seconded the motion to approve both road cuts by UTS/EMBARQ as requested. Motion carried 3-0.
Menominee Trail Lake Access:
A neighbor expressed concerns about the county owned lake access property on Menominee Trail being used for overnight parking. The Board asked Neal to put up a sign stating “no overnight parking or camping”.
Standing Water Complaint – Carriage Hills Subdivision:
After the rains last week, Neal Haeck inspected the area and found two (2) spots of significant concern where water was standing. He attempted to make contact with the complaining party, but was unable to reach them. The Board requested that he make anther attempt.
Equipment Purchases:
Low Boy Trailer and Loader - Neal will get quotes to present at a future meeting
The Board asked Neal to put “no hunting” signs at Memorial Forest on both 14th Road and State Road 17.
PORTER COUNTY JUVENILE DETENTION CONTRACT
James Pheibush, Marshall County Juvenile Probation Officer, appeared before the Board to answer questions regarding the 2006 Porter County Juvenile Detention Contract. Mr. Pheibush advised that in 2002 the Probation Department reduced the number of bed days
8 reserved from 1,000 to 750 annually. In 2004, that number was reduced again to 650 bed days. In 2005 they used 855 bed days and in 2006, to date, they have used 527 bed days.
Mr. Pheibush indicated even if additional bed days are used, they are only charged the current contract rate of $110.00 per day.
Tom Chamberlin moved and John Zentz seconded the motion to approve the 2006 contract between Marshall County and Porter County for 650 juvenile detention bed days. Motion carried 3-0.
ATTORNEY REPORT
Attorney Clevenger appeared before the Board and presented the following:
Highway v Watson: Discovery continues but no list from Plaintiffs on additional items. He will talk to the Commissioners about this case in executive session along with several other litigation issues.
Treasurer: Certified IT Agreement for payment of property taxes by credit card was presented but no action was taken.
Tax Sale: The Tax Sale was held on October 4, 2006.
Museum & INDOT: Still need a letter from INDOT.
CareMark Prescription Agreement: Still reviewing.
Jones v Womacks: Attorney Clevenger has withheld putting Marshall County on the list of those appealing the Court of Appeals decision to open the remonstrance process to all citizens and not just real property owners in Marshall County.
Tom Chamberlin moves to withdraw his second and vote from the previous Commissioner Meeting in which the Commissioners agreed to sign on to the appeal of the Appeals Courts decision regarding the remonstrance process.
Jan Quivey says opening the remonstrance process to all citizens and going back to the way it was are both bad options. A referendum would work much better, but would have to be accomplished through the legislature.
Mike Bernero says a referendum is the answer
John Zentz says a referendum could delay a necessary project.
Commissioner Overmyer says the best way to influence the legislature is by personal contact.
9 Tom Chamberlin moved and John Zentz seconded the motion to revoke the motion from the last meeting to add the County’s name to the appeals process regarding the Jones/Womacks case in which the Appeals Court ruled the current remonstrance process unconstitutional. Motion carried 3-0.
Polling Sites:
John Zentz moved and Tom Chamberlin seconded the motion to approve the 2006 General Election Polling Sites as provided by Jan Fisher. Motion carried 3-0.
Southfield Subdivision Roads: Ralph Booker reported back to Attorney Clevenger and advised that the Mylar was in order regarding Southfield Subdivision.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes: The October 2, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the October 2, 2006 Commissioner Meeting Minutes as presented. Motion carried 3-0.
Claims: The mid-month claims were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the mid- month claims as presented. Motion carried 3-0.
Lease Rental Bonds: Jan presented, Lease Rental Bonds – Account Applications from Jeff Messer of Umbaugh & Associates to Attorney Clevenger for review.
Jan also gave Attorney Clevenger a Continuing Disclosure Undertaking Agreement in the amount of $2,800.00 from Umbaugh & Associates to provide required information to bond holders. Jan says that he most likely can provide the necessary data without hiring Umbaugh & Associates, since most of the information is obtained from the Auditor’s office anyway.
Attorney Clevenger will review the documents and make his recommendation to the Board.
TAC/PUBLIC COMMENT
Mike Bernero appeared before the Board and made the following comments.
10 • Indiana ranks 46th in the nation in education • Indiana had the highest drop out rate • The Governor says less construction and more instruction
John Stone asked when construction on US 31 would begin? The Commissioners said in 2007 on the 7th Road Bridge.
He also said it would be good to move ahead on the Economic Development Plan, but suggests the County look as other sources of funding rather than a tax. However, it should proceed either way to protect Marshall County’s interests.
COMMISSIONER ITEMS
Commissioner Kevin Overmyer presented an invoice in the amount of $2,000.00 to pay for the county joining the US 31 Coalition regarding new US 31 highway construction to the north and south to Fulton County. The total cost to join the US 31 Coalition is $5,000.00, however, Commissioner Overmyer has secured the additional $3,000.00 ($2,000.00 from a private party and $1000.00 from Gibson Insurance Agency).
The Coalition will function as a lobby to make sure the original plans for US 31 are adhered to and to adopt to not allow unnecessary stop lights. Most important is protecting the exits off of 7th Road and 7C Road. This is a 2007 agreement.
John Zentz moved and Tom Chamberlin seconded the motion to approve payment of the invoice for $2,000.00 for Marshall County to join the US 31 Coalition. Motion carried 3-0.
PENNY LUKENBILL - EXTENDED HOURS
Penny Lukenbill, Treasurer, appeared before the Board to request that the Treasurer’s Office be open for extended hours on the following dates to allow residents to pay their fall property taxes:
Saturday, November 4, 2006 8:00AM-noon Monday, November 6, 2006 8:00AM-5:30PM Wednesday, November 8, 2006 8:00AM-5:30PM Thursday, November 9, 2006 8:00AM-5:30PM Monday, November 13, 2006 8:00AM-5:30PM
Penny stated that because the County will be closed on Friday, November 10, 2006 in observance of Veterans Day, fall taxes are due on Monday, November 13, 2006.
11 Tom Chamberlin moved and John Zentz seconded the motion to approve the request for extended hours in the Treasurer’s Office as presented. Motion carried 3-0.
Penny advised the Board that the County had received $612,305.29 for its portion of the Major Moves distribution. Even though the funds will be deposited into the County Highway Fund, this money will be maintained separately for interest earned purposes. The current interest rate is 5.49%.
Tom Chamberlin moved and John Zentz seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
12 MONDAY, NOVEMBER 6, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, November 6, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
JAIL PROJECT UPDATE
Dennis Husted, Construction Control Project Manager, appeared before the Board with the following update on the Marshall County Jail project. · Changes in the roof substrate, change from glue to thermo plastic material because glue cannot be applied when the temperature is below 40, the thermo plastic material is mechanically applied and heat welded to the roof when the temperatures are much lower. Although the cost of materials are more expensive, ($3000.00 more) the contractor agreed to do it for the same price since there will be less labor involved. Because of the time of year, this application is recommended by RQAW and Rich Ulrich stated it has worked well on the Museum roof. By using the thermo plastic material, it will allow the jail to be under cover by January 2007.
John Zentz moved and Tom Chamberlin seconded the motion to approve the change in roofing substrate from glue to thermoplastic material. Motion carried 3-0.
CLYDE AVERY – EMA MONTHLY REPORT
Clyde Avery, EMA Director, appeared before the Board and presented his October Monthly report for review.
Clyde also presented the 2007 NIMS/NIMSCAST requirements for Local Jurisdictions. The completion deadline is September 15, 2007, the 100 & 200 courses are 50% complete and the 700 course is 80-90% complete countywide.
Clyde touched on the highlights from the EMA Conference – a. District wide planning and exercise will be the priority for 2007; b. District wide tabletop exercise for 2007. The exercise will be a biological event; c. Full-scale exercise for 2008 to be conducted at the Muscatatuck Urban Training Center. That exercise will be a High Yield Explosive event.
1 Clyde also mentioned that he will be participating in the Community Health Fair at the Life Enrichment Center on Harrison Street November 7, 2006 from 8:00AM to 3:00PM.
Marshall County Emergency Management along with St. Joseph Regional Medical Center will be hosting a Winter Weather Observers Training Seminar, presented by the National Weather Service on November 7, 2006 at 7:00PM in the Education Room at the Life Enrichment Center.
Old Business:
The laptop computers have been distributed and the Court Security System is in place and working well. Clyde has the 2005 Orthophotography software and will make arrangements to get it installed. Sub Grant Agreement was originally mailed on October 13, 2006 by Certified Mail; however the State is unable to find it so Clyde re-sent it.
Commission Chamberlin asked Clyde how many individuals had completed their NIMS requirements. He stated that 6 or 7 at the Sheriff’s Department and Fred Lintner took the class on November 3, 2006. Clyde indicated that there needed to be one individual in each location (agency) to be the single point of contact for that agency.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Clyde Avery as the single point contact for all Marshall County jurisdictions. Motion carried 3-0.
Clyde requested that the Commissioners send a letter notifying each jurisdiction of his appointment.
John Zentz moved and Tom Chamberlin seconded the motion to send a letter to all jurisdictions advising them that Clyde Avery has been appointed as the single point contact for all Marshall County jurisdictions. Motion carried 3-0.
DENNIS ELLIOTT BUILDING DEPARTMENT VEHICLE QUOTES
Dennis Elliott, Marshall County Building Inspector, appeared before the Board and advised that he sent three (3) requests for quotations for a new vehicle. Only one vendor, Oliver Ford, responded with a quotation of $20,860.00 for a 2007 Ford Explorer XLT with 4 wheel drive. The purchase price includes trading in his 2000 Ford Explorer with a trade-in allowance of $1,650.00.
John Zentz moved and Tom Chamberlin seconded the motion to allow Dennis Elliott, Building Inspector, to proceed with the purchase of a 2007 Ford Explorer XLT for $20,860.00 after trade of his 2000 Ford Explorer. Motion carried 3-0.
2 RICH ULRICH MUSEUM FURNACE UPDATE
During the October 17, 2006 Commissioner Meeting, Kevin Overmyer signed a proposal for Mayer Plumbing and Heating to furnish the labor and material to remove the two (2) existing gas furnaces and replace them with two (2) 90% efficient furnaces at the Marshall County Museum location.
Rich Ulrich, Maintenance Supervisor advised that due to the emergency situation of cold weather, Mayer Plumbing and Heating were contacted and the work has been completed. The cost of this project was $5,494.00.
John Zentz moved and Tom Chamberlin seconded the motion to ratify the expenditure for two (2) new high efficiency furnaces at the Marshall County Museum location. Motion carried 3-0.
ENHANCE GIS ACCESS FEE ORDINANCE 2006-17
Michael Marshall and Larry Fisher, members of the Marshall County Tech Committee appeared before the Board to present an ordinance establishing enhanced GIS website access fees.
The ordinance designates a $15.00 monthly fee or a $5.00 one-time use fee. Payment will be made with a credit card and managed by Sidwell. Other governmental entities and contractors, working on annual trending, have requested to not be charged. Michael Marshall says that decision would be at the discretion of the Commissioners. He further suggested those requesting exemption from the fees apply to the Tech Committee initially and if deemed valid, they could go to the Commissioners for final approval.
Implementation of the system is close, but some final issues are still being worked out. Larry Fisher suggests full implementation by January 2007, which will allow time for the bugs to be worked out.
The Commissioners request that single use fee of $5.00 be charged for a 24-hour period. They also asked how to prevent abuse, and how to be sure that governmental entities are using the site for business purposes only. Access will be free within the County Building and at the Public Terminals.
The Tech Committee will hammer out the final issues in the ordinance, including exempt entities and present it at a later date.
COUNTY EMPLOYEES – HEALTH INSURANCE
3 Brian Liechty, KL Benefits, appeared before the Board to present the 2007 Health Insurance Plan for consideration. Through negotiations, with Advantage Health, Brian has obtained the same plan and co pays with a rate increase of 4.53%.
He advised, by changing the Prescription Plan to a $10/25/40 co pay rather than the existing $10/20/50 co pay, the increased cost to the County will only go up 2.18%. Plus, with a valid prescription, a member could buy Prilosec or Claritin OTC for a $5.00 co pay.
There is also an increase from 50% to 100% for payment of diabetic supplies.
In 2005, gross claims were $1,255,743 with an actual insurance payout of around $900,000. Premiums paid were $1,086,586.
Tom Chamberlin moved and John Zentz seconded the motion to approve the 2007 Advantage Health Insurance Plan with the pharmacy change option. Motion carried 3-0.
Brian further informed the Board that our present Long Term Disability Insurance Company was changed due to increasing premiums. The 2006 rate was $0.54 per $100.00 of salary and the new company rate is $0.56 per $100.00 of salary.
John Zentz moved and Tom Chamberlin seconded the motion to approve the change in the Disability Insurance Company and the increase in premium from $0.54 per $100.00 of salary to $0.56 per $100.00. Motion carried 3-0.
PUBLIC HEARING - ALLEY VACATION REQUEST – INWOOD
Ralph Booker, Plan Commissioner, appeared before the Board to present Ordinance 2006-16, an Ordinance Vacating All of An Unnamed Right-of-Way between Lots 2 and 3, in Conklins 1st Addition in the Original Plat of the Village of Inwood in Section 17, Township 33 North, and Range 3 East in Marshall County, Indiana for consideration.
Tom Chamberlin moved and John Zentz seconded the motion to open the Public Hearing. Motion carried 3-0.
No Comments.
Tom Chamberlin moved and John Zentz seconded the motion to close the Public Hearing. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to pass Ordinance 2006-16, An Ordinance Vacating All of AN Unnamed Right-of-Way Between Lots 2 and 3, in Conklins 1st Addition in the Original Plat of the Village of Inwood In
4 Section 17, Township 33 North, Range 3 East in Marshall County, Indiana on first reading. Motion carried 3-0.
LAURA MANN – OUT OF STATE CONFERENCE
Laura Mann, Victim Assistance Director, appeared before the Board to request permission to attend an out of state conference in Savannah, Georgia on April 15-19, 2007. She advised that she has grant money to pay all expenses.
Tom Chamberlin moved and John Zentz seconded the motion to approve the request for Laura Mann to attend an out of state conference in Savannah, Georgia on April 15-19, 2007. Motion carried 3-0.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Jail Project: The Interlocal Agreement between Marshall County and the City of Plymouth regarding the Marshall County Correctional Facility was presented and signed by the Board. Attorney Clevenger will take it to the City for their signatures.
Tom Chamberlin moved and John Zentz seconded the motion to accept the Interlocal Agreement between Marshall County and the City of Plymouth regarding the Marshall County Correctional Facility. Motion carried 3-0.
Highway v Watson: Discovery continues plus further discussion with Commissioners about this case will occur in executive session following the regular Commissioner’s Meeting this date.
Museum & INDOT Forms: Attorney Clevenger recommends that the Commissioners approve the offer form for INDOT plus the agreement with the Historical Society concerning the grant project.
Attorney Clevenger advised the Commissioners they needed to authorize the title insurance request for the two new museum buildings they will acquire following renovation. At the November 20, 2006 Commissioner’s Meeting, the Commissioners need to accept the deed conditioned upon complete rehab of the buildings, sign right –of- way certificate, and sign letter to INDOT regarding matching funds.
Certified IT Agreement: The two (2) year agreement regarding credit card payment of taxes still needs to be revised – concerning the automatic renewal clause. The Board asked Attorney Clevenger to cross out the automatic renewal clause and send the contract back to Certified IT. The new language will state the contract may be extended one year at a time.
5 John Zentz moved and Tom Chamberlin seconded the motion to have Commissioner Overmyer sign the Certified IT Agreement with the above revisions. Motion carried 3-0.
CareMark Prescription Agreement: With regard to the prescription cards for Marshall County residents who don’t have insurance coverage, Attorney Clevenger advised that he reviewed the contract presented by Jan Fisher and he has some concerns since CareMark has merged with CVS. It is uncertain if the discounts are still available at other pharmacies as well, as they previously were. The Board suggests that Attorney Clevenger do some more investigating before the County becomes involved in this program.
Bliss-McKnight: Attorney Clevenger stated that Bliss-McKnight has done a good job managing our liability cases. He indicated that he and Clyde Avery met with Mike Miley of Gibson’s and two (2) representatives from Bliss-McKnight concerning mutual aid agreements with local governments. Attorney Clevenger is revising and drafting an agreement with a plan to contact towns and their town attorneys. He feels liability incidents will decrease in the new jail facility.
Bliss-McKnight offered to present a training session to the Sheriff’s Department. Attorney Clevenger requested that that be done in 2007 after the new Sheriff is in office.
New Business:
Attorney Clevenger is assisting the Marshall County Health Department with several complaints regarding a failed septic system.
He also has written two (2) collection letters for Marshall County Soil and Water for equipment that was leased out.
Summer/Clipper: There is a hearing set for December 12, 2006 regarding the petition to reverse the tax sale order to transfer property.
LINDA RIPPY – MUSEUM PROJECT INDOT DOCUMENTS – TRANSFER OF BUILDINGS
Linda Rippy, Director of the Marshall County Museum, appeared before the Board and presented a proposed agreement that states the County shall participate in securing the grant for remodeling the new museum buildings.
The Agreement states that the buildings will be in acceptable form before the County accepts them. The INDOT grant requires that the transfer is made prior to receiving the grant. The Historical Society will sign an agreement stating that if the buildings are not in acceptable condition, the County does not have to accept the transfer.
6 John Zentz moved and Tom Chamberlin seconded the motion to approve the agreement between Marshall County Historical Society and Marshall County. Motion carried 3-0.
Uniform Property on Easement Acquisition Offer: Parcel 1 - $125,000. Parcel 2 - $130,000
This essentially says that the County is making an offer in the amounts listed above for the museum buildings. INDOT requires this form even though the Marshall County Historical Society plans to donate them to the County
Right-of Way Certification: States that the project is ready to go forward. Marshall County Historical Society has already signed.
John Zentz moved and Tom Chamberlin seconded the motion to sign the INDOT Forms for the Museum Buildings located at 119 and 121 North Michigan Street. Motion carried 3-0.
Attorney Clevenger will have Metropolitan Title Company update the title insurance for the buildings. Marshall County Historical Society will pay for the insurance until the project is completed.
HIGHWAY
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts: NIPSCO 14 B Road between State Road 17 and Tulip Road to install a gas main, 300’ of 2” line on the south side of 14 B.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road cut request from NIPSCO as presented. Motion carried 3-0.
Speed Limit: A petition to lower the speed limit on West Shore Drive (Lake Maxinkuckee) to 20mph was reviewed and a road count was conducted. The present speed limit is 30mph. Approximately 546 vehicles traveled that roadway – half in each direction at a rate of 33-36mph. At this time, Neal recommends that the speed limit be lowered to 20mph.
Commissioner Overmyer stated that there are other areas around the lake that may request to have their sections reduced. This matter will be acted on at a later date.
Lowboy Trailer Quotes: The following quotations were submitted for consideration. on a 35 ton 22 foot trailer:
Southeastern Etnyre $38,311.00
7 Southeastern Eager Beaver 39,695.00 Northern Equip. Witzco 37,800.00 Great Lakes Peterbilt Trail King 39,287.00
Neal recommends accepting the Northern Equipment bid for a Witzco Lowboy Trailer in the amount of $37,800.00.
Tom Chamberlin moved and John Zentz seconded the motion to accept Neal’s recommendation for Northern Equipment’s bid of $37,800.00 for a Witzco Lowboy Trailer. Motion carried 3-0.
Loader: Neal advised that he needs to update his loader. The three (3) loaders that the Highway Department currently has are being repaired and one is essentially not repairable. They are used approximately 6000 hours annually. If they decide to purchase a used loader, Neal does not want it to be more than 1 or 2 years old. The price range for a small or medium loader is about $90,000.00 and for a larger one it’s $150,000.00 to $160,000.00. Neal will continue to research these.
Judy Stone asked Neal why one of the trees on her property was cut down? Neal will look into it.
Neal was also questioned about the railroad crossing on Muckshaw – no response from the State at this time.
Commissioner Zentz mentioned that the Dogwood railroad track has a large raised area of blacktop that causes cars to swerve to the side of the hump to avoid hitting it – this can cause an accident. Neal will work with Attorney Clevenger to write a letter to the railroad to rectify this situation.
Commissioner Zentz also mentioned an area on Sage Road at US 6 where fill was added along the sides of the road and it has not compacted yet. He suggests that guardrails be installed to prevent any problems. The Board asked Neal to contact Larry Fisher, Surveyor, before anymore digging is done to locate a tile. Broken or missing tiles are causing a drainage problem.
MIKE RIPLEY – BLN ENGINEERING
Mike Ripley, Project Coordinator with BLN Engineering appeared before the Board to introduce himself and his company. BLN Engineering, a sixty-year-old company, is based in Indianapolis and they provide a wide variety of engineering services. Mr. Ripley requested to be included on the vendor list for any future road or bridge projects.
8 WES BURDEN/DR. HOLM EMERGENCY FUND ORDINANCE RE: RABIES
Dr. Holm and Wes Burden appeared before the Board to request the ratification of action taken as regards Ordinance 2006-04, Ordinance Permitting Procurement of Emergency Funds in the Event of a Health Pandemic. Additional monies may be required for vaccine purchase, as a result of the recent rabies incident. Dr. Holm says the County will still have some liability even though the State is providing a good deal of funding.
Currently there are 38 people undergoing treatment. Once treatment is completed, (in about one month), Dr. Holm will have a better understanding of our financial needs.
Commissioner Overmyer expressed his personal thanks to Dr. Holm and the Marshall County Health Department for the time, efforts and the good job they did in dealing with this unfortunate incident.
Commissioner Zentz echoed Commissioner Overmyer’s sentiments.
Dr. Holm congratulated Public Health Coordinator Sherrie Daniel and the Marshall County Health Department for having a plan of action in place and executing it professionally.
AUDITOR REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes: The October 17, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the October 17, 2006 Commissioner Meeting Minutes as presented. Motion carried 3-0.
Claims: The midmonth claims were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the midmonth claims as presented except for the court ordered claims. Motion carried 3-0.
Umbaugh Documents: Jan Quivey asked Attorney Clevenger if he had had an opportunity to review the documents presented by Umbaugh and Associates regarding Lease Rental Bonds – Account Applications. Attorney Clevenger is waiting to talk with Jeff Messer from Umbaugh and Associates.
9 Commissioner’s Tax Certificate Sale – Resolution 2006-12:
Penny Lukenbill presented information to the Board on five severely tax delinquent properties that the County has a lien on and their delinquent tax amounts. The following tax sale certificates were issued to the County for the purpose of selling these certificates through a bid process.
Certificate No. Amount Address
5026101 $ 848.71 North Main Street 5026142 190,808.47 East Street 5026274 1,305.79 State Road 17 5026303 544.76 North Michigan Street 5026314 10,195.41 Unknown at Conversion
Resolution 2006-12, a Resolution Establishing the Intent to Conduct a Commissioner’s Sale to Sell Tax Sale Certificates for Properties That Are Severely Delinquent in Payment of Property Taxes was presented for consideration.
John Zentz moved and Tom Chamberlin seconded the motion to approve Resolution 2006-12, a Resolution Establishing the Intent to Conduct A Commissioner’s Sale to Sell Tax Sale Certificates for Properties That Are Severely Delinquent in Payment of Property Taxes. Motion carried 3-0.
Minimum Bids Established by the Commissioners:
Interstate Truck Plaza $ 200.00 Plymouth Short Line 150.00 Plymouth Short Line North 200.00 Sanatra Land Trust 150.00 US Abrasives 10,000.00
John Zentz moved and Tom Chamberlin seconded the motion to approve the minimum bids on all of the above listed properties. Motion carried 3-0.
Penny Lukenbill advised that these bids will be advertised and put on our website. If the properties are not sold at the Commissioner’s Tax Sale, the process will have to start over.
Jan Quivey asked Attorney Clevenger to draft an ordinance allowing the County to charge $100.00 for any vendor wishing to offer benefits to employees through payroll deduction to offset set up costs. Attorney Clevenger will prepare the ordinance.
Lake of the Woods: Marvin Houin requested the Commissioners write a letter to residents on Lipton Street (Lake of the Woods) asking them to follow the May 19, 2005 Court Order which states that Mr. Houin has permission to travel on Lipton Street with
10 his farm equipment to enter his farm fields. He also wanted the Commissioners to ask SPRINT and Mediacom to raise their utility lines so as not to interfere with his equipment.
Attorney Clevenger stated that since the Marshall County Commissioners are not a party to the Court Order he suggests the Sheriff enforce the right-of-way obstructions.
Marshall County Jail Project Update: Commissioner Chamberlin gave the following update on the Marshall County Jail Project and requests that the following change orders be accepted.
Change Order 16 – due to soil inconsistencies, additional stone and asphalt materials have been added by E&B Paving at a cost of $2,765.00.
John Zentz moved and Tom Chamberlin seconded the motion to approve Change Order 16 for the Marshall County Jail Project. Motion carried 3-0.
Change Order 17- to replace a copper panel board with aluminum, which will create credit of $1,150.00.
Tom Chamberlin moved and John Zentz seconded the motion to approve Change Order 17 for the Marshall County Jail Project. Motion carried 3-0.
COMMISSIONER ITEMS
Invoices:
The City of Plymouth for Water Tap Fee $399.00 to be paid out of CAGIT;
Hydro seeding $ 5,390.00;
Patriot Engineering for $6,173.75 for concrete testing;
Stockberger Trucking $8287.70 and $27,856.74 for recycled material that replaced the limestone base from a couple of months ago – we will use Marshall County Highway trucks creating a savings of $20,000.00 from what E&B was going to charge. The material is just as good and the County will save money.
Construction Control – $19,448.21 - Contractual Services during the construction period, As of this date 44% of CCI’s contract is completed.
Umbaugh & Associates - $2,557.63 – Cash Advisory Service for Bond & CAGIT investment from July through October 2006. Interest earned is $134,000.00 as of September 30, 2006.
11 The construction of the new jail is 19.5 days behind schedule.
TAC
Mike Bernero asked if the overall costs of the jail are still in line even with the 17 change orders. Commissioner Chamberlin says the change orders to date have left the County about $30,000.00 to the good.
Commissioner Overmyer presented a list of people to serve as members of the Steering Committee for the Marshall County Economic Development Committee. They are: Dr. John Hill; Mayor Gary Cook; Mark Umbaugh; Bill Keyser; Dave Luellen and himself.
Tom Chamberlin moved and John Zentz seconded the motion to approve the list of names for the Steering Committee for the Marshall County Economic Development Committee. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
12 MONDAY, NOVEMBER 20, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:45AM, Monday, November 20, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
JAIL PROJECT UPDATE
Dennis Husted, Construction Control, Inc. appeared before the Board with the following update on the Marshall County Jail project:
• A lot of the site work has been accomplished, 90% of the grade work is finished. The site storm sewer is about finished. They should be working on the lift station and manhole this week and the firewater loop around the building after Thanksgiving. • Over half of the project has the asphalt binder in place; the rest is scheduled for this week. • The structural steel work is complete, it has been inspected and the roof decking is on. • Masonry work in the detention area, Unit B is 50% done. • The flooring of unit B is poured as much as can be done for now. Floor pours continue in Unit A. • FABCON did their layout and prep work last week to start standing the exterior pre-cast concrete panels. They should be finished December 1st. That is a week late, as they needed a larger crane to set 4 or 5 panels between detention and administration before they can keep going with the crane they do have on site. • Then roofing will start. Material is coming in to the site this morning. They should start the first week of December. • They are trying to have the building closed in and dry before the end of December. • Overall on the building, they are about five (5) weeks behind schedule mainly due to structural steel fabrication time and a lost week by Casteel and FABCON. They will make that time up and finish the building on time.
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Commissioner Chamberlin presented the following invoices to be paid from CAGIT:
$20,482.94 to Stockberger Trucking for recycled material for the base of the driveway and parking lot at the new Marshall County Jail. John Zentz moved and Tom Chamberlin seconded the motion to approve the payment of $20,482.94 to Stockberger Trucking for recycled material for the base of the driveway and parking lot at the new Marshall County Jail. Motion carried 3-0.
$7,059.91 to RQAW for 30% completion of the contract for administration of the Marshall County Jail project.
John Zentz moved and Tom Chamberlin seconded the motion to approve payment of $7,059.91 to RQAW for 30% completion of the contract for administration of the Marshall County Jail project. Motion carried 3-0.
Change Orders:
Change Order #9 -$14,242.00 for video equipment for attorneys – Commissioner Chamberlin denied this change order. Attorneys will use a booth instead. There will a contact and non-contact visitation area. Visitors will still have video visitation booths.
Change Order # 7 – Changes in the training room doors due to fire code requirements. The doors must be recessed into the room and not open into the hallway. Commissioner Chamberlin denied this change order and will have further discussion with RQAW.
Change Order # 18 – Request for an additional from A. Hattersley and Son, plumbing contractor, in the amount of $4,084.16 – this is for toilet paper holders in the intake, holding and drunk tank areas that were not included in the original bid.
John Zentz moved and Tom Chamberlin seconded the motion to approve Change Order # 18 for an additional $4,084.16 to A. Hattersley and Son for toilet paper holders in the intake, holding and drunk tank areas that were not included in the original bid. Motion carried 3-0.
Change Order # 3 – Is a deduction of $13,000.00 to Culp Electric because of changing to Cato Light Generators, which results in a change in lighting and change in connectors from copper to aluminum.
John Zentz moved and Tom Chamberlin seconded the motion to approve Change Order # 3, a deduction of $13,000.00 to Culp Electric because of changing to Cato Light Generators and aluminum boards rather than copper. Motion carried 3-0.
2 TODD THOMPSON/DOUG THOMPSON PINE ROAD EXTENSION
Todd and Doug Thompson appeared before the Board with questions concerning the Pine Road Extension project. Doug stated the he and Todd met with Dr. France, Mark Faulstich, Larry Fisher and Michael Kummeth from DLZ, regarding tile and drainage needs on Pine Road. Doug explained that drainage must be addressed so that problems won’t arise in the future. Doug said the water will all run onto his property and he wants that issue to be addressed before he will sign off the project.
Another issue is the need to have fences and windbreaker trees installed to contain livestock and to act as a sound barrier. The Board says these issues and drainage will be addressed with DLZ as the design process continues.
Pine Road will be County owned from the jail property south to Lincoln Highway. The City of Plymouth will own from the jail property north to US 30 as a result of annexation. Streetlights will be installed from Jim Neu Drive to the south edge of the jail property.
Attorney Fred Jones requested that the minutes reflect that both Warren and Larry Harner were present at this meeting and wish to be kept informed of any drainage issues.
BID OPENING 2007 SHERIFF’S VEHICLES
Only one (1) bid, from Oliver Ford, was submitted for the 2007 Sheriff’s vehicles.
5 2007 Ford Crown Vic Police Interceptor $109,550.00 1 2007 Ford Fusion 19,110.00 6 Trade In’s - 8,600.00 NET TOTAL: $120,060.00
Tom Chamberlin moved and John Zentz seconded the motion to approve the bid submitted by Oliver Ford for five (5) 2007 Crown Vic Police Interceptors and one (1) Ford Fusion with 6 trade-in’s for a total of $120,060.00. Motion carried 3-0.
RON LIECHTY INDOT FORMS FOR MUSEUM CROSSROADS PROJECT
Ron Liechty appeared before the Board regarding the Museum Crossroads Project. The County is required to accept deeds prior to the grant distribution. The Historical Society has agreed to turn over the property to the County. The deeds will serve as the matching portion of the grant.
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John Zentz moved and Tom Chamberlin seconded the motion to accept the deeds under the condition that the Historical Society will be responsible if the project should not go forward as planned. Motion carried 3-0.
Right of Way Certification: Attorney Clevenger presented for consideration, a letter to INDOT requesting that the deeds serve as the cash match portion of the grant. Tom Chamberlin moved and John Zentz seconded the motion to approve the letter to INDOT requesting that the acceptance of the deeds from the Historical Society for the buildings serve as the required cash match for the grant. Motion carried 3- 0.
INWOOD ALLEY VACATION ORDINANCE 2006-16
Jan Quivey, Auditor, presented Ordinance 2006-16, An Ordinance Vacating All Of An Unnamed Right-of-Way Between Lots 2 and 3, in Conklin’s 1st Addition In The Original Plat of The Village of Inwood in Section 17, Township 33 North, Range 3 East in Marshall County, Indiana, on Ralph Booker’s behalf, for second reading.
Tom Chamberlin moved and John Zentz seconded the motion to suspend the rules and pass Ordinance 2006-16 regarding An Ordinance Vacating All of An Unnamed Right-of-Way Between Lots 2 and 3 in Conklin’s 1st Addition In the Original Plat of The Village of Inwood in Section 17, Township 33 North, Range 3 East in Marshall County, Indiana on 2nd and 3rd reading. Motion carried 3-0.
CLEAN AIR ORDINANCE
Dr. Haste along with Wes Burden, Health Department Administrator, appeared before the Board and presented An Ordinance Regulating Smoking in All Workplaces and Public Places in Marshall County. This ordinance was drafted by the Marshall County Department of Health, Tobacco Free Marshall County and others. Dr. Haste states that smokers have the right to smoke, but county residents have the right to breath clean air also. Second hand smoke kills ten (10) Marshall County residents annually. He says a smoking ordinance has no negative economic impact.
Max Hatfield of Plymouth, Indiana, says his kids and grandchildren smoke and it has caused asthma in his great grandchildren. He equates smoking to slavery because of the addictive tendencies of tobacco.
Chris Kurtis of Christo’s Restaurant stated that his establishment went smoke free in March 2006 and after an initial reduction in sales, business went right back up. He expressed no negative impact. He is in favor of the smoking ordinance.
4 Sherry Perkeypile of St. Joseph Regional Medical Center stated that their campus went smoke free for three (3) years and she supports the ordinance. She indicated that there has been a reduction in sickness.
Scott Grabel of the Bremen Hospital stated his campus has been smoke free for two (2) years and the hospital has been for ten (10) years. He supports the ordinance.
Dr. Joel Schumacher of St. Joseph Regional Medical Center supports the ordinance. The medical staff from both hospitals presented a resolution supporting the Clean Air Ordinance. Dr. Holm also supports it and encourages passage by the Commissioners.
Dr. Haste stated that the Phillip Morris International Website spends 5 billion dollars on advertising but supports measures that regulate smoking in public areas.
Enforcement of this ordinance would be by the Marshall County Health Board and they recommend an enforcement date beginning February 1, 2007.
Becky Hatfield, Plymouth, IN comes from a family of smokers and now has asthma. She will not frequent places where smoking is allowed.
Rev. William Garver, Bremen – supports the ordinance.
Tom Langdon, Plymouth agrees that smoking is harmful and opposes smoking but doesn’t feel we need government control of smoking. He said enforcement would require more people. He thinks we should start with educating the young people.
Jack Roose, Plymouth applauded the folks who have a non-smoking establishment. He has members of his family who have died from cigarette smoking related cancers. He believes that by passing this ordinance you are taking freedoms from one citizen and giving them to another. He feels that most of the county’s residents do not want more laws.
Chris Kurtis said this is not a smoking issue but rather a health issue.
Wes Burden said the state and county have codes that govern food safety.
Bob Shulte, Plymouth asked what do schools know that we don’t? They are smoke free.
Rodney Hetzel, Plymouth – favors individual rights.
Gwen Goodman, stated that her husband cleaned smoke damaged electronic equipment with strong solutions – what is smoke doing to our bodies?
Dr. Joel Schumacher, we need to balance our personal freedoms with the common good. Some regulations are necessary, he does agree with the ordinance.
5 Kevin Overmyer asked Sherry Perkeypile, SJRMC, if enforcement is difficult at the hospital, how difficult would it be trying to enforce this ordinance over the entire county?
Sherry Perkeypile agreed that it was difficult to enforce. Kim Bennett Bremen Hospital, she supports the ordinance and feels it is for the greater good of the children.
Jack Roose, Plymouth, stated that kids pick up smoking at home. Parents need to educate their children.
Commissioner Overmyer said there would have to be a Public Hearing on this proposed ordinance before it can be passed.
Commissioner Zentz quoted from a November 16, 2006 article in the Indianapolis Star, which stated that smoking would claim more lives in Indiana than automobile accidents or drugs use. He says smoking also has a negative economic impact of $ 3.5 billion per year. He wants to go on record as supporting the ordinance.
Commissioner Chamberlin asked Dr. Haste if there was anything being done at the State level to address this issue? Dr. Haste said that although fourteen (14) states have a comprehensive ordinance, most states would not proceed until there is a grass-roots initiative to support a smoking ordinance.
Michelle Camino, Plymouth, family owns Java Trail, stated that we needed to think about bringing people back to Marshall County for dining. She supports the ordinance.
Wes Burden says most ordinance enforcement in Marshall County is for state ordinances.
John Zentz moved and Tom Chamberlin seconded the motion to set this matter for a Public Hearing on December 6, 2006 at 6:00PM in Room 307 of the County Building. Motion carried 2-1. Commissioner Overmyer voted nay.
HIGHWAY
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Muckshaw Railroad Crossing – is still being reviewed by INDOT but advised that no projects are moving forward currently.
Sage and US 6 – Contacted Surveyor Larry Fisher and the landowners to discuss drainage issues, cleaning out the catch basin and tile and putting in an entrance culvert.
6 MIKE STRANG BRIDGE INSPECTION REPORT
Mike Strang advised that he talked with USI regarding Underwater Inspections. Their work is completed and waiting for final review. Mike’s report was submitted in October and still waiting for review.
Mike advised that the Garro Street Bridge is not top priority but will need to be rehabbed or replaced within the next five (5) years. The understructure collects a lot of debris.
ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Interlocal Agreement – The signed Interlocal Agreement was sent to the City of Plymouth, however there has been no response to date.
Special CAGIT – Ordinance to allow the use of Special CAGIT monies for jail operation and maintenance has been reviewed and suggestions will be sent to Auditor.
Highway v Watson – Executive Session Minutes presented for approval. Discovery continues.
John Zentz moved and Tom Chamberlin seconded the motion to approve the Executive Session Minutes as presented. Motion carried 3-0.
Certified IT Agreement – was revised, sent in, signed and returned. Attorney Clevenger will distribute copies to the Treasurer and Auditor.
Marshall County Economic Development Steering Committee – The first meeting went well. As seconded meeting is scheduled for this evening.
Commissioner Overmyer reported that the Bremen Town Council has requested that Chad Baker be appointed to the Marshall County Economic Development Steering Committee.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Chad Baker to the Marshall County Economic Development Board. Motion carried 3-0.
New Business
Health Department – Some of the matters for that department have been resolved. Attorney Clevenger has been asked to work on a couple of other matters.
Attorney Clevenger is still working on the following:
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Researching a riparian rights matter for the Highway Department Reviewing insurance on the new correctional facility Mutual aid agreements for EMA
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes – The November 6, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the November 6, 2006 Commissioner Meeting Minutes as presented. Motion carried 3- 0.
Claims – The monthly claims were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the monthly claims as submitted. Motion carried 3-0.
Auditor Quivey asked Attorney Clevenger about the Vendor Ordinance. He is still working on it.
COMMISSIONER ITEMS
Commissioner Chamberlin received a letter from Judge Dean A. Colvin requesting minor audio/video enhancements to Superior Court 2. Judge Colvin advised that he has a Hispanic Interpreter grant to pay for the requested enhancements, but the project must be completed by December 31, 2006. A diagram was attached to the letter showing additional monitors for the courtroom. No quotes have been received to date.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
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9 MONDAY, DECEMBER 4, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 8:30AM, Monday, December 4, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
LAURA MANN – VICTIM ASSISTANCE PREPAY TRAVEL REQUEST
Laura Mann, Director of Victim Assistance, appeared before the Board to request that a claim for lodging at the Holiday Inn, Indianapolis, in the amount of $152.95, be approved for prepayment. She will be attending a mandatory training session for grants on Wednesday, December 6, 2006.
John Zentz moved and Tom Chamberlin seconded the motion to approve Laura Mann’s request for prepayment of a claim in the amount of $152.95 for lodging at the Holiday Inn in Indianapolis, in the form of a check made out to the hotel, to attend a mandatory training session for grants. Motion carried 3-0.
CURT FEY – PROGRESSIVE BENEFITS
Curt Fey, Independent Associate of Allden Corporation, appeared before the Board to present information involving an Affirmative Defense Response System and its attempt to deal with identity theft.
Mr. Fey discussed the following:
1. The five (5) types of identity theft:
Drivers License Social Security Medical Records Character/Criminal Financial.
2. Important Legislation:
1 12/04/06 FACTA – Fair & Accurate Credit Transactions HIPAA – Health Insurance Portability And Accountability Graham, Leach, Bliley Safeguard Rule – Employers are liable Individual State Laws
The average loss from Identity Theft is approximately $92,000.00.
Graham, Leach, Bliley Safeguard Rules requires an information security officer to be appointed, a policy developed and training for any organization that handles non public information.
Progressive Benefits provides Prepaid Legal Services and Identity Theft Protection Services. It covers full and part time employees, vendors and consultants. Debt can be collected from identity theft victims if creditor is not notified of the theft within sixty (60) days. Unfortunately it takes twelve (12) to eighteen (18) months for identity theft to be discovered.
The Plan is voluntary for employees and costs the county nothing.
· Identify Theft $9.95/monthly · Stand Alone $12.95/monthly · Sheriff’s Dept. Legal Coverage $14.95 · Identity Theft & Prepaid Legal for a family (1 or more) $15.95/monthly
The Plan requires employees to attend two (2) mandatory meetings annually. They last about 20-30 minutes each. The Commissioners took the information provided under advisement.
STEVE KASPER – TELEPHONE CONTRACT
Steve Kasper appeared before the Board and recommended that the County join an Embarq program for clients that have five (5) or more telephone lines. There is a savings of 15% on a three (3) year agreement and 10% on a two (2) year agreement. Steve recommends moving several phone lines, reducing the number from nine (9) to three (3), that would result in a savings of $117.00 per month on the two (2) year plan and $177.00 per month on the three (3) year plan.
He also said EMBARQ has no problem changing the contract as long as the costs of services to the new jail are equal to or greater than the current charges.
Steve indicated that if the jail was going to a different system, it would be best to hold off on a decision or to back the jail out of the list of lines to be considered.
2 12/04/06 The Board will review this information and act on it at the next meeting. Michael Marshall, IT Director, has all vendor bids in at this time. Steve offered his Project Management Services, which include writing bid specifications and acting as project manager in getting the new jail system installed. His rate is $85.00/hour or a flat fee contract.
COUNTY ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Old Business:
Jail – The City of Plymouth did not approve the Interlocal Agreement. Probably discussions with the City concerning Pine Road are warranted.
Attorney Clevenger has not talked with Mr. Jeff Messer regarding the bond papers sent to the Auditor.
The Builder’s Risk insurance policy has been reviewed. Mike Miley discussed several items with Attorney Clevenger and he confirmed that the Holding Corporation is being added as a named insured.
Highway v Watson- Discovery continues.
Museum & INDOT Forms – All of the paperwork has been completed and sent to INDOT with copies to Linda Rippy at the Museum and to the Auditor.
Marshall County Economic Development Corporation – A third meeting of the Steering Committee is scheduled. Bylaws from other counties will be reviewed to assist in drafting the Marshall County Bylaws.
Vendor/Payroll Deduction Fee Ordinance – It has been drafted. Attorney Clevenger wants to review it with Paula Babcock and Auditor Jan Quivey before introducing it.
New Business:
Coroner Memorandum of Understanding between the State Coroner’s Association and the Marshall County Coroner has been confirmed. This involves a grant from the Criminal Justice Institute, which would allow a Coroner to go on line to obtain standardized forms. All counties must accept the Memorandum of Understanding in order to receive the grant.
3 12/04/06 Tom Chamberlin moved and John Zentz seconded the motion to sign the Memorandum of Understanding between the State Coroner’s Association and the Marshall County Coroner.
Doxpop Contract – At the request of the Clerk, the Doxpop Contract was reviewed. The company is proposing some changes dictated by the Indiana Supreme Court, which includes the County having to select one of two options for the collection of fees. Attorney Clevenger will discuss the options with Jan Fisher to determine which method would be best for Marshall County.
CLYDE AVERY – EMA REPORT
Clyde Avery, EMA Director, appeared before the Board and presented his monthly report for review. Commissioner Overmyer advised Clyde that he did not need to be as specific; the highlights of the month would be fine.
Clyde informed the Board that the new County Identification System is up and running. Paula Babcock will schedule a time for employees to receive their identification card. This system was purchased as part of a FEMA Homeland Security Grant.
John Zentz moved and Tom Chamberlin seconded the motion to require all County employees to wear their ID during normal business hours. Motion carried 3-0.
The ID system will also be made available to outlying jurisdictions on a voluntary basis.
Eventually, the ID cards will have the capability of security entrance of employees and activation of door locks.
Clyde attended a meeting concerning a $17,902.00 grant for enhancing GIS capabilities. A group of northern Indiana EMA Directors suggested this money be used by the State to have a widespread GIS enhancement rather than county by county.
Clyde sent an email to each jurisdiction in the County asking them to provide a point-of- contact person for their jurisdiction. So far, no responses have been received. He indicated that it is difficult to get outlying agencies to participate. He requests that it be an elected or appointed official rather than a department head.
Cathy Clark requested clarification as to who a point-of-contact person could be – i.e. A Town Manager, Fire Chief or Chief of Police.
The Commissioners requested that Clyde send out another letter with a deadline for the appointment to be made and let them know that if they don’t participate they will not be eligible for any grant funds.
4 12/04/06 Clyde informed the Board that orthophotography has been installed on most agency laptops.
AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes - The November 20, 2006 Commissioner Meeting Minutes were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve the November 20, 2006 Commissioner Meeting Minutes as presented. Motion carried 3- 0.
Claims - The mid-month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve the mid month claims as presented. Motion carried 3-0.
PUBLIC HEARING GIS ENHANCED ACCESS FEE ORDINANCE 2006-17
Larry Fisher, Chairman of the Tech Committee, presented Ordinance 2006-17 – Establishing Enhanced GIS Access Fees.
$5.00 for 24 hour access -1 user – non-membership $15.00 for monthly access – 1 user membership with assigned password
The following will be exempt from paying the fees: Township Assessors Marshall County City and Town Clerks/Treasurers And others as determined by the Marshall County Tech Committee
The paid site will have property record cards, tax information, etc.
John Zentz moved and Tom Chamberlin seconded the motion to open the Public Hearing. Motion carried 3-0.
Jack Montgomery - Home Time Realty, inquired if there was an annual membership or monthly only? Michael Marshall stated it would be monthly billing only.
Rene Williams - Appraiser – What will be on the pay side? She was told the complete property record cards, lot dimensions, ditches, transfer history and eventually a three (3)
5 12/04/06 year tax history ( not resolved yet). Notes information from the property record card will be redacted at this point. Rene questioned if there were zoom possibilities? Michael Marshall explained how to zoom properly.
Penny Lukenbill – Says a training session will be necessary for anyone wishing to use the system. She said the system would not totally eliminate the need for people to come into the offices.
Rene Williams stated that she does not have the software to be able to import PDF plat files.
Larry Fisher said feedback would be accepted as the process moves forward. Changes will likely need to be made.
Cheryl Humes – Marshall County Title – asked if the County Building terminals would have enhanced access. She was told yes and at no cost.
Cathy Clark – says currently mapping cannot be printed. Said once trending is completed there will likely be an influx of people in the Auditor’s and Assessor’s Office.
Jim Masterson – stated that MLS has 350 potential users, but only a maximum of 75 is allowed at any one time. Michael Marshall said usage depends on bandwidth. As bandwidth allows, all 350 could be online at once.
He said that covenants and restrictions of a subdivision should be available on the website. He says the key is an open line of communication between the realtors, appraisers and the title companies.
John Zentz moved and Tom Chamberlin seconded the motion to close the Public Hearing. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to pass Ordinance 2006-17 an Ordinance Establishing Enhanced GIS Access Fees on first reading. Motion carried 3-0.
Once the enhanced access is available it will be left open (no fees) until as least February 2007. Anticipated availability is December 15, 2006, pending resolution of some technical issues.
Bug fixes will take place for a period of time after the site becomes available. If any redesign is required, there will be additional costs to the County.
Michael Marshall will be the contact point for any concerns, issues or ideas.
6 12/04/06 Judy Stone asked what happened to the old GIS System? Michael Marshall said the old website system was not able to progress with the County.
Cathy Clark asked if each library in Marshall County could have one public terminal with free enhanced access?
HIGHWAY REPORT
Neal Haeck, Superintendent, appeared before the Board and presented the following:
Road Cut – UTS/EMBARQ: - Beech Road between Plymouth/Goshen Trail and Beech Road, German Township to bore Beech Road and plow cable on the west side of Beech Road an on the south side of Plymouth/Goshen Trail and County Road 146 – total footage approximately 1845’ for a phone shed.
John Zentz moved and Tom Chamberlin seconded the motion to approve the road cut for UTS/EMBARQ as presented. Motion carried 3-0.
Equipment Quotes:
Bat Wing Mower: Case IH Woods Blade mounting system $13,750.00 John Deere $14,100.00 Northern Equipment – Alamo $15,623.00
Neal recommends accepting the John Deere quotation at a cost of $14,100.00 for purchase of the batwing mower because the less expensive Case IH unit is not user friendly, i.e. changing the blades, which has to be done often and is cumbersome.
Tom Chamberlin moved and John Zentz seconded the motion to accept the quotation from John Deere in the amount of $14,100.00 for the batwing mower because it is more user friendly than the less expensive Case IH model, which in the long run is likely to make the John Deere less expensive to use. Motion carried 3-0.
Brush Chopper: Northern Equipment Whole Unit $94,249.00 Boom Mower $40,542.00 Used Complete Unit w/trade $28,000.00 (used unit is a 1998 Ford tractor in good condition)
Neal recommends purchasing the used 1998 Ford Tractor and mower for $28,000.00 after trade in. He says with the used tractor they could afford to leave the mower permanently attached to be used for one specific purpose.
7 12/04/06 Tom Chamberlin moved and John Zentz seconded the motion to approve the purchase of a 1998 Ford Tractor in the amount of $28,000.00 after trade in. Motion carried 3-0.
Dogwood Railroad Crossing: Neal sent and email with attached photographs, to CSX Railroad, explaining the problems on the CSX Railroad Crossing on Dogwood Road. He also called them and to date has not received any response.
Neal provided all the documentation to the Auditor. The Commissioners asked Neal to go out and put up rough crossing signs at the area and keep in touch with CSX until the problem is resolved. The Board also asked Neal to find out who, at the State level, is in charge of railroad crossings and send them all the documentation he had send to CSX.
Carriage Hills: Neal advised he patched all the areas that seemed to hold water.
Bid Openings: Are scheduled for 1:00PM today.
The Board asked Neal to check out a dip on North Michigan Road at 4A or 4B Road.
COMMISSIONER ITEMS
Commissioner Chamberlin – Jail Expense Update:
CAGIT expenditures: Construction Control $17,400.00 puts us at 58% of completion $ 3,630.19 on site costs $ 331.92 mileage $21,362.11
REMC $ 553.64 electricity to trailer
Change Order # 19 – A. Hattersley & Son Plumbing, roof drainage issue discovered in the Knox County Jail after the design specifications were completed caused us to relocate the roof drain on our project.
Additional cost of $ 8,319.00 Credit for non galvanized - 3,722.00 Credit for Link Seals - 1,135.00 Net Change of $ 3,462.00
Casteel – additional cost of $2,093.00 for silt fencing to control silt eroding on to the neighbor’s property.
D & M Excavating – additional of $1,887.00 to remove soil from the roadway to Jim New Drive.
8 12/04/06 The total net invoices to be paid from CAGIT are $29,357.75.
John Zentz moved and Tom Chamberlin seconded the motion to approve payment of the above through CAGIT. Motion carried 3-0.
Modifications to Superior Court 2 to relocate monitors will cost approximately $15,000.00. The grant is for $8,000.00 and the remaining balance will be paid from Court Services and Superior Court 2 Budgets. Tom Chamberlin moved and John Zentz seconded the motion to approve the modifications in Superior Court 2 with funding to come from the Hispanic Interpreter grant and the budgets of Court Services and Superior Court 2. Motion carried 3-0.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
9 MONDAY, DECEMBER 18, 2006
The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, in the City of Plymouth, Indiana at approximately 9:30AM, Monday, December 18, 2006, for a regular meeting with Kevin Overmyer, President; Tom Chamberlin, Vice President and John Zentz, member present. The County Attorney, James Clevenger and County Auditor, Jan Quivey were also present. The meeting was opened in due form and the business before is heard.
The meeting began with the Pledge of Allegiance.
DENNIS HUSTED – CCI – JAIL UPDATE
Dennis Husted, CCI, appeared before the Board to present an update on the new Marshall County Jail Facility.
· All of the asphalt binder has been placed on the site parking lots and driveways. Next summer, when the balance of the site work is the topcoat of asphalt and the striping work will be done. · The gas service has been installed up to the building. Later this week the gas meter will be set and the temporary heat will be on in unit A to start with. When the detention area is finished being closed in the heat will be turned on in there. · The water service and forced main still need to be finished at Jim Neu Drive. · Steel work is continuing above the main lobby area. · All of the pre-cast concrete panels are set in place with the exception of two that are being left out until the detention cells have been brought into the building. Detailing is still being done on the pre-cast panels. · Roofing started Wednesday, December 13, 2006 – it will take about three weeks. · Inside, plumber is finishing the underground near the outside walls so that can be backfilled and the floors poured. · Conduit, ductwork and piping are being hung in the ceiling spaces. · The masonry work is continuing inside in unit A in the holding area. · The metal stud walls will start when more floors are in place in unit A’s administration area.
Tom Chamberlin asked about the drainage issues in the kitchen area. The plumbing designer caught the omission and the Board of Health said this was not necessary so no changes will be made.
Dennis stated that they are about thirty (30) days behind but will be able to make up that time due to multiple tasks overlapping one another. Installation of the cells will begin in January.
1 12/18/2006 Commissioner Chamberlin presented a sample display of tile, carpet, vinyl, wall covering, cabinets, doors/trim and base trim that will be used in the new jail. Carpet will be installed in 24” squares that will be easily replaced if necessary.
TOM MCGEE – 6C ROAD CUL-DE-SAC
Tom McGee, resident of 6C Road, appeared before the Board to request that the County expand and improve the cul-de-sac on 6C Road. Mr. McGee advised that this property was dedicated to the County in the early to mid 1990’s with the understanding it would be improved and asphalted. He said some work has been done but more is still needed. The cul-de-sac is smaller than the standard cul-de-sac, which makes it difficult for school buses and county snowplows to maneuver.
The Board requests that Neal Haeck measure the cul-de-sac to determine if there is available space to make a full cul-de-sac and to take care of the improvements in 2007.
John Zentz moved and Tom Chamberlin seconded the motion to have Neal Haeck, Highway Superintendent, measure the cul-de-sac on 6C Road and make the necessary improvements in 2007. Motion carried 3-0.
HIGHWAY
Neal Haeck, Highway Superintendent, appeared before the Board and presented the following:
Road Cuts:
United Telephone Company/EMBARQ- Hillside Drive between Diamond Drive, Center Township, approximately 270 west of Diamond Drive, in the south right-of-way, placing a pedestal on existing cable and boring a service drop under the road to the north to provide telephone service to a new home that is under construction.
Tom Chamberlin moved and John Zentz seconded the motion to approve the road bore submitted by United Telephone Company/EMBARQ as presented. Motion carried 3-0.
Dogwood Railroad Crossing – Neal is still working on this situation.
Annual Bids: Neal recommends accepting all the bids that were submitted except Sherwin Williams and Southeastern Equipment Rental who did not submit bonds with their bids.
2 12/18/2006 John Zentz moved and Tom Chamberlin seconded the motion to accept Neal Haeck’s recommendation on the 2007 Highway Bids. Motion carried 3-0. Sage Road South of US 6 - Neal is still working with the landowner at 2935 Sage Road to resolve the water problem.
North Michigan Street “Whoop de doo”- This matter is still under investigation as to what is under the road.
Hibbard Water Problem- Neal attempted to open the tile by blowing water through it, however, he could not get it all the way. However, it is draining, and the Board says this is an issue between the landowner and the railroad.
The Board asked Neal to discuss the Sage Road water problem with Surveyor, Larry Fisher.
Neal informed the Board that they are cutting brush and trimming trees at this time since there is no snow to plow.
WES BURDEN – HEALTH BOARD APPOINTMENTS EMERGENCY FUNDING
Board Appointments:
Wes Burden, Health Department Director, appeared before the Board to present the following names for appointment to the Marshall County Health Board beginning January 1, 2007. Dr. Craig Miller of Plymouth and Superintendent of Argos Schools, Dr. Peter O’Rourke. Ted Chittum requested not to continue on the Health Board.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Dr. Craig Miller and Superintendent Peter O’Rourke to the Marshall County Health Board for a four (4) year term beginning January 1, 2007. Motion carried 3-0.
Wes Burden, Health Department Director, appeared before the Board to request payment of a claim from People’s Drug Store in the amount of $1,060.44 for rabies vaccine they provided for Bourbon children who were unable to pay for the vaccine. It appears all other claims have been handled by the insurance companies, although a few more claims could trickle into the County.
Tom Chamberlin moved and John Zentz seconded the motion to approve payment of the claim from People’s Drug Store in the amount of $1,060.44 for rabies vaccine. Motion carried 3-0.
3 12/18/2006 ATTORNEY REPORT
Attorney James Clevenger appeared before the Board and presented the following:
Appointments - Attorney Clevenger advises that we need to determine what appointments need to be made for 2007. We need to bring all appointments up to date including the Marshall County Economic Development Commission.
Jail - Continuing to review change orders, escrow agreements, construction meeting updates, etc.
Bond Documents - Still has not contacted Jeff Messer, Umbaugh & Associates regarding the bond documents.
Interlocal Agreement - Attorney Clevenger suggests a meeting between the City of Plymouth and Marshall County regarding Pine Road since annexation has taken place from US 30 to the south end of the new jail property.
The Board asked Attorney Clevenger to contact the Plymouth City Attorney and tell him once the agreement is signed concerning the jail a meeting could be set up regarding Pine Road. Commissioner Chamberlin will represent the County at that meeting. Attorney Clevenger will follow up with the City Officials.
Highway v Watson - Discovery continuing.
Marshall County Economic Development Corporation – Steering Committee meeting is scheduled for Tuesday, December 19, 2006.
Vendor/Payroll Deduction Ordinance - Attorney Clevenger will discuss with Paula Babcock and Jan Quivey.
DoxPop Contract - Attorney Clevenger will discuss with Jan Fisher, Clerk.
New Business:
Sheriff’s Salary Contract 2007 – Attorney Clevenger presented the 2007 Sheriff’s Salary Contract for a signature by Commissioner President Kevin Overmyer.
Tom Chamberlin moved and John Zentz seconded the motion to approve the 2007 Sheriff’s Salary Contract in the amount of $72,394.40 and have Commissioner President Kevin Overmyer sign the contract. Motion carried 3-0.
This contract will also have to be presented to the County Council for approval and signed by Council President Fred Lintner.
4 12/18/2006 Letter to Argos Town Council and Plan Commission Members – A letter in support of Indiana Renewable Fuels and the Ethanol Plant was presented to the Commissioners for their signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve and sign the letter to the Argos Town Council and Plan Commission members supporting the proposed ethanol plant. Motion carried 3-0.
RALPH BOOKER PLAN COMMISSION APPOINTMENTS
Ralph Booker, Plan Commission Director, appeared before the Board requesting three Commissioner appointments to the Marshall County Plan Commission Board. He advised that both David Dinius, Citizen Member and Harold VanVactor, Citizen Member wish to be reappointed. Max Watkins was the Trustee Appointee. The law has changed stating that a Citizen Appointment rather than a Trustee Appointment can be made. Max volunteered to serve as a Citizen Member since he will no longer be a Township Trustee in 2007.
Of the five (5) citizen appointments, no more than three (3) can be of the same political affiliation.
Tom Chamberlin moved and John Zentz seconded the motion to re-appoint David Dinius to the Marshall County Plan Commission for a 4-year term beginning January 1, 2007.
John Zentz moved and Tom Chamberlin seconded the motion to appoint Dennis Thornton to replace Max Watkins on the Marshall County Plan Commission for a 4-year term beginning January 1, 2007. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to accept IC 36-7-4- 208 (a)(5)(b) as the standard for having five (5) citizen members on the Marshall County Plan Commission rather than having a Trustee appointment included. Motion carried 3-0.
Tom Chamberlin moved and John Zentz seconded the motion to appoint Deb Griewank to the Marshall County Plan Commissioner for a 4-year term beginning January 1, 2007. Motion carried 3-0.
Ralph Booker would like to see some progress made on the County Zoning Ordinance and the Subdivision Ordinance in 2007. He said work on them has been going on for four (4) years.
5 12/18/2006 AUDITOR’S REPORT
Jan Quivey, Auditor, appeared before the Board and presented the following:
Minutes: - The December 4, 2006 Commissioner Meeting minutes were submitted for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve and sign the December 4, 2006 Commissioner Meeting minutes as presented. Motion carried 3-0.
The December 4, 2006 Highway Bid minutes were presented for approval and signatures.
Tom Chamberlin moved and John Zentz seconded the motion to approve and sign the December 4, 2006 Highway Bid minutes as presented. Motion carried 3-0.
The December 6, 2006 Smoking Ban Public Hearing Meeting minutes were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve and sign the December 6, 2006 Smoking Ban Public Hearing Meeting minutes as presented. Motion carried 3-0.
Claims - The mid month claims were presented for approval and signatures.
John Zentz moved and Tom Chamberlin seconded the motion to approve and sign the mid month claims as presented. Motion carried 3-0.
Appointment to the Argos Public Library Board - The Argos Public Library Board of Trustees respectfully requests that the Marshall County Commissioners reappoint Mrs. Jody Haste to the Argos Public Library Board of Trustees to serve a 4-year term beginning January 1, 2007 through December 31, 2010.
Tom Chamberlin moved and John Zentz seconded the motion to reappoint Mrs. Jody Haste to the Argos Public Library Board of Trustees to serve a 4-year term beginning January 1, 2007 through December 31, 2010. Motion carried 3-0.
Ordinance 2006-17 – GIS Enhanced Access Fee – Was presented for acceptance on second reading.
Jon Zentz moved and Tom Chamberlin seconded the motion to suspend the rules and pass Ordinance 2006-17 GIS Enhanced Access Fee on second and third reading. Motion carried 3-0.
6 12/18/2006 TAC
Mike Bernero asked if the jail project was still on budget and Commissioner Chamberlin responded affirmatively.
COMMISSIONER ITEMS
Commissioner Tom Chamberlin presented the following RQAW Contractual items to be paid from CAGIT: Contractual Services $ 2,503.80 13,200.01
Reimbursables 244.29 $15,948.10
Tom Chamberlin moved and John Zentz seconded the motion to approve the invoice from RQAW for contractual services and reimbursables in the amount of $ 15,948.10 to be paid from the CAGIT Fund. Motion carried 3-0.
RETIRING OFFICIAL RESOLUTIONS
Commissioner President Kevin Overmyer read the following resolutions and presented plaques to the retiring office holders:
Resolution 2006-15 – to Mike Boys honoring him for his 12 years of outstanding service to Marshall County as Assessor.
John Zentz moved and Tom Chamberlin seconded the motion to accept Resolution 2006-15. Motion carried 3-0.
Resolution 2006-16 - to Robert Ruff honoring him for his 8 years of outstanding service to Marshall County as Sheriff.
Tom Chamberlin moved and John Zentz seconded the motion to accept Resolution 2006-16. Motion carried 3-0.
Resolution 2006-14 – to John Zentz honoring him for his 38 years of outstanding service to Marshall County as Councilman, Recorder, and Commissioner.
Tom Chamberlin moved and John Zentz seconded the motion to accept Resolution 2006-14. Motion carried 3-0.
Jan Fisher, Clerk of the Court presented a Resolution from Jeff Dossett of the AIC to John Zentz for his contributions to County Government and to the State of Indiana.
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12/18/2006 Resolution 2006-13 - to Bill Gee honoring him for his 15 years of service on the Marshall County Council. (this was presented to Mr. Gee during the Council meeting on Monday , December 11, 2006)
Tom Chamberlin moved and John Zentz seconded the motion to accept Resolution 2006-13. Motion carried 3-0.
Commissioner Overmyer announced that there were refreshments being served in the Council Room and everyone was invited.
John Zentz moved and Tom Chamberlin seconded the motion to adjourn the meeting. Motion carried 3-0.
Kevin Overmyer, President
Tom Chamberlin, Vice President
John Zentz, Member
Attest: Jan A. Quivey, Auditor
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