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Marshall County Board of Commissioners Meeting Minutes March 2, 2015

by Marshall County Commissioners on March 18, 2015
 

The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room,

112 W. Jefferson Street, Plymouth, Indiana at 9:30 a.m., Monday, March 2, 2015, for a regular meeting. Present were Commissioners, Deb Griewank, Vice President; Kurt West Garner; County Attorney, James Clevenger and County Auditor, Julie A. Fox. The meeting was opened in due form and the business before it heard.

The Pledge of Allegiance was given.

USI

Bart Trester, Construction Project Manager for USI Consultants, Inc., presented an overview of the 7th Road project which has been shut down for the winter. Mr. Trester is reviewing the quantities for 2014 and a summary should be completed by the end of the month. As part of the review of those quantities two additional change orders are being submitted for approval and signatures.

Change Order No. 7 – Additional Mobilization – Bridge Contractor (JCI) $11,107.60: Additional Mobilization required for delays in uncontrollable soil conditions and coordination with INDOT for pile driving issues as needed for the unsuitable soil conditions found in the field.   Kurt Garner moved, seconded by Deb Griewank, to approve Change Order No. 7, Additional Mobilization, Bridge Contractor (JCI) $11,107.60 and add 15 calendar days to the change order. Motion carried 2-0.

Change Order No. 8 – No Cost Change Order – Addition of Memorandum 14-14 $0.00: Change in Warranty Period Beginning Date for Durable Pavement Markings. Kurt Garner moved, seconded by Deb Griewank, to approve Change Order No. 8, No Cost Change in warranty period beginning date for durable pavement markings. Motion carried 2-0.

The 7th Road mitigation project has begun with 70% of the clearing and grading operations having been completed by the constractor. It is anticipated to be completed by the end of March and seeding to be completed in April or mid May.

The City of Plymouth Metronet conduit installation is being coordinated with Brent Martin regarding the quantities and there may be additional change orders added during the coordination process.

ELECTION BOARD

Deb VanDemark submitted the 2015 Infinity Voting System Annual Maintenance Agreement in the sum of $9,500. Kurt Garner moved, seconded by Deb Griewank, to approve the 2015 Infinity Microvote contract in the sum of $9,500. Motion carried 2-0.

HIGHWAY – ROAD CUT

Laurie Baker, Administrative Supervisor, presented the following road cuts:

Century Link requests a road cut on Fir Road, between East 4th Road and East 5th Road, German Township, to bury 5,575 feet of fiber optic cable. Kurt Garner moved, seconded by Deb Griewank, to approve the road cut on Fir Road, between E. 4th Road and E. 5th Road, in German Township, for Century Link to bury 5,575 feet of fiber optic cable.

Motion carried 2-0.

Frontier request a road cut on 20th Road to provide service to RHV Trucking located at 1260 20th Road, Tippecanoe Township, between Birch Road and South Apple Road, 40 feet long by 4 feet deep.   Kurt Garner moved, seconded by Deb Griewank, to approve the road cut on 20th Road, between Birch Road and S. Apple Road, in Tippecanoe Township. Motion carried 2-0.

HIGHWAY – WHEEL LOADER PURCHASE

Jason Peters, Highway Supervisor, requested the used loader trade-in conversation be postponed in order to allow for further consideration.

Jason Peters and Jerry Ambrose presented their findings on the review of the bid specs for the wheel loader. Mr. Ambrose indicated several items were taken into consideration, including availability of parts, warranty comparison and liability of the overall product. Concerns regarding availability of parts and the warranty of the Hyundai product were expressed. The Cat 950M Wheel Loader ADSD-N DCA2 through MacAllister Machinery Company, Inc. offered 90% of parts availability and included an extended warranty. Mr. Ambrose indicated that the Cat 950M Wheel Loader ADSD-N DCA2 through MacAllister Machinery Company, Inc. is the recommendation after review of all bids. The CAT machine is the lowest of the top three and the best because of the elimination of the service concerns. Kurt Garner moved, seconded by Deb Griewank, to purchase the Cat 950M Wheel Loader ADSD-N DCA2 through MacAllister Machinery Company, Inc., in the sum of $220,000. Motion carried 2-0.

DLZ

Laurie Johnson of DLZ informed the Board that the Hickory Road Bridge project will begin with setting controls pending weather conditions. Mill Pond Dam inspection project is also pending due to weather.

PLAN COMMISSION – PUBLIC HEARING

ORDINANCE 2015-02: ESTABLISH FEE SCHEDULE

Ralph Booker and Chuck DeWitt presented Ordinance 2015-02, An Ordinance establishing fees required by the Marshall County Zoning Ordinance, in Article 11, Section 010, C. Application breakdown as passed by the Marshall County Plan Commission and PowerPoint presentation. Kurt Garner moved, seconded by Deb Griewank, to open the public hearing to establish the fee schedule. Motion Carried 2-0.

Public Hearing on Ordinance 2015-02, Establish Fee Schedule:   No Comments. Kurt Garner moved, seconded by Deb Griewank, to close the public hearing for Ordinance 2015-02, Establishing Fee Schedule. Motion Carried 2-0.

Kurt Garner moved, seconded by Deb Griewank, to approve on first reading Ordinance 2015-02, Ordinance establishing fees required by the Marshall County Zoning Ordinance, in Article 11, Section 010, C. Application with the following modifications: Line item added under Accessory Structures of 2001-3000 at $150.00 and 3001-4000 at $200.00 square footage cost; and then the Commercial Mechanical Permit would be $40.00.   Motion Carried 2-0.

PLAN COMMISSION – PUBLIC HEARING

ORDINANCE 2015-03: AMENDING THE MARSHALL COUNTY ZONING ORDINANCE

Ralph Booker and Chuck DeWitt presented Ordinance 2015-03, An Ordinance Amending Ordinance more commonly known as “The Marshall County Zoning Ordinance” to allow an overlay district in Marshall County as amended and as passed by the Marshall County Plan Commission and PowerPoint presentation. Kurt Garner moved, seconded by Deb Griewank, to open the public hearing on Ordinance 2015-03: An Ordinance Amending the Marshall County Zoning Ordinance to allow an overlay district in Marshall County. Motion Carried 2-0.

Public Comments in opposition to the overlay district were made by the following individuals:

      Ronnie McCartney, 2083 Michigan Road, Plymouth.

      Steve Davenport, 2262 Lilac Road, Plymouth.

      Debra Mosson, 1718 Linden Road, Plymouth.

      Dave Norman, 11857 1st B Road, Lapaz.

      Bryan Bradfield, 11010 U.S. Hwy. 6 East, Lapaz

      Lowell Price, 1777 Lilac Road, Plymouth.

Kurt Garner moved, seconded by Deb Griewank, to close the public hearing for Ordinance 2015-03, An Ordinance Amending the Marshall County Zoning Ordinance to allow an overlay district in Marshall County. Motion Carried 2-0.

Commissioner Garner indicated that there are ongoing discussions regarding the signage located in that area and new Highway 31 Bypass.

Kurt Garner moved, seconded by Deb Griewank, to approve on first reading Ordinance 2015-03, Ordinance Amending Ordinance more commonly known as “The Marshall County Zoning Ordinance” to allow an overlay district in Marshall County with the modification to the date of publication.   Motion Carried 2-0.

Ralph Booking indicated that the third Ordinance No. 2015-04, To amend the zoning map to add the zoning classification of commercial overlay from Michigan Road east along US 6 to US 31, will be delayed until the finalization of Ordinance 2015-03. A power point picture of the area was presented.

COMMUNICATION EQUIPMENT – VIDEO CONFERENCING

Judge Dean Colvin, Marshall Superior Court No. II, also on behalf of Marshall Superior Court No. I, the Marshall County Jail and in conjunction with Commissioner Overmyer, presented a request to upgrade the video conferencing equipment used by the court system and the incarcerating facilities.   Judge Colvin indicated that that equipment was purchased several years ago in order to alleviate safety issues and transportation costs, include transportation to the Indiana Department of Corrections. Last year approximately 725 inmate hearings were accommodated using this technology. Judge Colvin presents a breakdown of the proposals between ESCO Communications & Bluewater Technologies and recommends the ESCO proposal due to the inclusion of the FTR 8 Channel Upgrade.

Kim Coble, Sales Representative from Bluewater Technologies, addressed the Board of Commissioners, indicating concerns regarding the ESCO Communications support and the maintenance fee.

Judge Colvin responds to Ms. Coble’s remarks noting the differences in the proposals as presented.

Kurt Garner moved, seconded by Deb Griewank, to proceed with obtaining a contract with ESCO Communications for further consideration by the Commissioners. Motion carried 2-0.

BUILDING INSPECTOR

Chuck DeWitt, Building Inspector, presented the January and February monthly reports. Indicating there were 107 total inspections in January with 16 permits with a value of $507,817, which is a good month for January.   February inspection total 61, which may be down due to the weather, with 14 permits with a value of $496,000.

Mr. DeWitt requested permission to travel to Columbia City, Indiana on Saturday, March 14, 2015, for International Code Council (ICC) testing for certification. Kurt Garner moved, seconded by Deb Griewank, to allow permission to travel to Columbia City, Indiana on Saturday, March 14, 2015, for International Code Council (ICC) testing for certification. Motion carried 2-0.

Mr. DeWitt requested permission to travel to Michigan City, Indiana on April 13, 2015 to April 16, 2015, for the annual Indiana Association of Building Officials meeting. This would be from noon Monday through noon on Thursday, with training throughout that time and an onsite commercial inspection. Kurt Garner moved, seconded by Deb Griewank, to allow permission to travel to Michigan City, Indiana on April 13, 2015 to April 16, 2015, for the annual Indiana Association of Building Officials meeting. Motion carried 2-0.

HOME DETENTION

James Clevenger, County Attorney, informed the Commissioners that Ward Byers was requesting to enter an addendum for services with Joe Deisch. Mr. Deisch is the person filling in for Mr. Byers while on vacation. Mr. Clevenger indicated to Mr. Byers the Boards concerns that the Addendum to the position would be more like a part-time employee rather than an independent contractor.   Mr. Clevenger indicated that they would be meeting to discuss the matter further.

HEALTH DEPARTMENT

Wes Burden, Director of the Health Department, requests permission to apply for the LHDTA (1206) Grant with the modification of a Shared position with the St. Joseph Regional Medical Center and Marshall County Health Department of a Part-Time, Health Educator, funded with $12,574 of the $25,000 LHDTA (1206) Grant. Kurt Garner moved, seconded by Deb Griewank, to apply for the LHDTA (1206) Grant in the sum of $25,000. Motion carried 2-0.

EMA – CLYDE AVERY

Clyde Avery, Emergency Management Administrator, requesting permission to apply for the 2014 EMA Performance Grant Salary Reimbursement it is to return up to $20,088.69. Kurt Garner moved, seconded by Deb Griewank, to approve to accept the 2014 EMA Performance Grant Salary Reimbursement Grant. Motion carried 2-0.

ATTORNEY REPORT – JAMES CLEVENGER

Old Business

Lake of the Woods, Addison Street Seawall: Mr. Clevenger indicated that he would be following up on the Lake of the Woods Addison Street seawall matter as no agreement had been received back from Pete Peuquet.  Commissioner Garner indicated that he would also follow-up.

Dispatch Agreement: A meeting is being scheduled for mid-March to discuss and work towards an interlocal agreement concerning the dispatch center. More information will follow.

4-H Fair Board: The DLZ agreement has been issued to the consultant even though nothing further has been received from the Fair Board. Mr. Clevenger took it that their consent at the last meeting was good enough for the Commissioners to proceed as the Fair Board being the beneficiary of the feasibility study.

Prosecutor-Contract for Outside Forfeiture Claims:   The Prosecutor is indicating that the federal government is getting out of the civil forfeiture business and the Indiana Prosecutors Association has recommended local prosecutors contract with outside law firms that specialize in pursuing civil forfeitures. Mr. Clevenger indicated that he reviewed and approved a contingency contract for Mr. Chipman with a law firm in Indianapolis.

New Business

Roundabout: Kurt Garner indicated that the City of Plymouth is looking at doing some kind of project with the roundabout at 7th Road to which an interlocal agreement may be required.

Auditor’s Report

February 16, 2015 minutes: Submitted for approval. Kurt Garner moved, seconded by Deb Griewank, to approve minutes of the February 16, 2015 meeting. Motion carried 2-0.

March Claims:   Submitted for approval. Kurt Garner moved, seconded by Deb Griewank, to approve the March claims as presented. Motion carried 2-0.

COMMISSIONER ITEMS

Commissioner Garner recognized the truly historic day in Marshall County, this being the first time in the history of Marshall County that a woman served as the head of the Board of Commissioners, with Commissioner Deb Griewank, Vice President of the Board, conducting the meeting in the absence of Commissioner Overmyer.

ADJOURNMENT

With no further business to come before the Board, Kurt Garner moved, seconded by Deb Griewank, to adjourn the meeting at 10:23 a.m. Motion carried 2-0.

    

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