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Marshall County Board of Commissioners Minutes for Dec 1 2014

by Marshall County on December 26, 2014


The Board of Commissioners of Marshall County, Indiana, met in the Commissioners Room, 112 W. Jefferson Street, Plymouth, Indiana at 8:30 a.m., Monday, December 1, 2014 for a regular meeting. Present were Kevin Overmyer, President; Vice President Jack Roose; Commissioner Deb Griewank; County Attorney, James Clevenger and County Auditor Penny Lukenbill. The meeting was opened in due form and the business before it heard.



Mr. Trester reported on the progress of 7th Road and the Metronet projects:

7TH Road:   He expects the contractor to shut down operations until spring. Traffic will continue to run on Phase 3 of the roundabout throughout the winter, and Lilac and Linden have been opened to traffic. The contractor will maintain barrels and barricades in the construction area, but Mr. Roose expressed concern that the temporary lane markings, speed and hazardous weather conditions could create safety issues for traffic traveling through the partially-completed roundabout. After discussion, the Commissioners requested additional lane markings and suggested installation of lane delineation rods through the area.

Mr. Trester presented four change orders for approval totaling $165,264.34: Change Order #3 for $45,743.42 covers soil issues, including peat removal for temporary lanes, additional riprap along ditches and concrete removal under Michigan Road; Change Order #4 for $64,461 covers the use of cement in place of lime kiln dust and additional cement material in soft areas; Change Order #5 for $26,000 covers added base seal; and Change Order #6 for $29,059.92 covers items related to the bridge piling issues.

Metronet: Mr. Trester submitted for acceptance the additional section of conduit along Overmyer Drive, and will confirm that the installation under the railroad crossings is complete.

Deb Griewank moved, seconded by Jack Roose, to accept the Overmyer Drive section of the Metronet conduit installation as substantially complete. Motion carried 3-0.

Hoosier Tire in Lakeville and LaVille Schools are now connected. Hoosier Tire and St. Joseph Regional Medical Center in Plymouth will be connected later this week.



The Commissioners considered on second reading Ordinance 2014-11 to amend Article 3 of the zoning ordinance regarding uniform setbacks for lakefront properties at Pretty Lake.

Jack Roose moved, seconded by Kevin Overmyer, to approve on second reading Ordinance 2014-11 for the revised Pretty Lake setbacks. Motion carried 2-1, with Ms. Griewank voting no.

The ordinance will be presented for third reading on December 15.


Representing the club’s advisory committee, Alan Loehr presented an update on the Culver Boys and Girls Club. Chartered in 2007 through the Boys and Girls Clubs of America, the club has 270 paid members, with an average daily attendance of 80. Programming focuses on academic success, character and leadership opportunities, health and life skills, and a major emphasis on community service and citizenship. The Club’s hours are 3:00 to 7:00 pm during the school year, and 6:30 am to 6:30 pm during the summer. Beginning in January, the club will implement the Kids Stop program from 5:45 to 7:45 am to fill the before school hours child care gap. This year’s operating budget was nearly $200,000, and is supported by public and private contributions, United Way funding, grants and various fund raising events. Membership dues remain at $25 per year, and scholarships are available for those needing assistance.

The club continues to partner with the Culver Schools and CMA who provide vital resources and support to the program. Mr. Loehr noted that all segments of the Culver Community have embraced the program and contribute to its success.

He thanked the Commissioners for their support of the program, and the board thanked expressed appreciation for his commitment to the club’s success.



Mr. Avery presented the 2014 Competitive Grant CFDA #97.042 sub-grant agreement for approval and signatures. The $8,425.29 grant will be used to fund a functional exercise to test the EOC emergency plan and purchase educational materials.

Jack Roose moved, seconded by Deb Griewank, to approve the sub-grant agreement for the 2014 EMA competitive grant in the amount of $8,485.29. Motion carried 3-0.

Mr. Avery and the Commissioners briefly discussed the ownership and condition of the county’s dams. Over the years, it has been difficult to determine whether the county or the DNR owns the Mill Pond dam, and Mr. Avery advised that his research shows that the Commissioners actually own it. A representative from Commonwealth Engineers will attend the December 15 meeting to present information on dam inspection, and Mr. Avery will attend.



Mr. Chavez updated the Commissioners on economic development efforts throughout the county and discussed plans and projects in the various towns. Although each community has different needs and goals, they continue to work together to create economic development opportunities. Representatives from each town attend a quarterly round table discussion to share ideas and lend support to each other’s efforts, and common issues include acquiring additional land for industrial use, developing or updating comprehensive plans, extending utilities and addressing housing needs. Mr. Chavez noted it is important to meld each community’s plans and objectives to lay the foundation for economic development.

There is a continued emphasis on the Business Expansion and Retention (BEAR) program, where he meets with existing businesses to determine and address their short and long-term concerns, including workforce availability, training and housing needs. Existing businesses have invested nearly $46 million in capital improvements this year, producing an anticipated 350 new jobs. Efforts to attract new businesses include marketing to targeted industries, and he feels that the Metronet will be a valuable tool in bringing new investment. Mr. Chavez reported that the county’s unemployment rate is 4.8%, down from 5.5% six months ago, and is now below the state and regional average.

The Commissioners thanked Mr. Chavez for his efforts on behalf of Marshall County.



7th Road mitigation: Ms. Baker presented Supplement #1 for the five-year monitoring and maintenance of the mitigation site. Mr. Clevenger has reviewed the agreement, and advised that the county will be responsible for the expenses since the project is not reimbursable by the federal highway program. INDOT has requested that the Commissioners sign and return the supplemental to them, for a December 10 bid letting.

Deb Griewank moved, seconded by Jack Roose, to approve Supplement #1 for monitoring and maintenance of the 7th Road mitigation site. Motion carried


INDOT has also reviewed LPA with USI for the mitigation site project and returned it for approval and signatures.

Deb Griewank moved, seconded by Jack Roose, to approve the LPA between INDOT and USI for the 7th Road mitigation site project. Motion carried 3-0.

Hickory Road Bridge: Ms. Baker has received the contract with DLZ for project engineering on the Hickory Road Bridge, but Mr. Clevenger has not yet had a chance to review it.

Fuel equipment: The system is operational, but staff still needs training on reporting.

Snow Plowing: Mr. Peters distributed the Highway plan to clear priority roads within two hours of a snowfall. He noted that with the veteran highway crews, the proposed plan will open many roads quickly.



Old Business:

3B Road/Cashen: Surveyor Larry Fisher has completed the survey of the cul-de-sac and is providing the legal description to dedicate the right-of-way.

Stacy Richer: The Commissioners apparently hold a tax sale certificate on the small parcel that Ms. Richer would like to obtain from the County. Mr. Clevenger continues to research the proper procedure for transferring the property.

New business:

Stacy Richer: The County holds the deed for the parcel to be transferred, and we will need to advertise a notice to accept bids. Ms. Richer should bid on the property and we can then deed it to her.

Cashen real estate transfer: Cashens have signed a dedication of right-of-way for .29 acres in order to build the cul-de-sac at the end of 3rd Road which abuts their property. The Commissioners will need to accept the dedicated parcel and sign the plat.

Deb Griewank moved, seconded by Jack Roose, to accept the dedication of .29 acres for a right-of-way to construct a cul-de-sac at the end of 3rd Road, and to sign the accompanying plat. Motion carried 3-0.

Shady Rest farm lease: The lease has been sent to Karl Faulstich for his signature.

Sheriff/Shortt: Attorney Ron Semler from Stephenson, Morow and Semler in Indianapolis has appeared and obtained an extension to answer the federal complaint filed by the Shortts. He continues to investigate and will respond appropriately.

New Business:

Sheriff MOU with Lake Maxinkuckee Association: The new MOU extends the current agreement through December 31, 2018, and calls for the lake association to provide majority funding, and the Sheriff to provide 800 hours of lake patrol between June 1 and September 15 each year. Mr. Clevenger noted that the current agreement does not include a 30-day termination notice, and the Commissioners requested that it be included in the new MOU. Mr. Clevenger will send the agreement to Mike Miley at Gibson to review for insurance purposes.


November 17, 2014 minutes: Jack Roose moved, seconded by Deb Griewank, to approve the minutes of the November 17, 2014 meeting as presented. Motion carried 3-0.

December claims: Deb Griewank moved, seconded by Jack Roose, to approve the December claims as presented. Motion carried 3-0.



There were no public comments.

Jack Roose moved, seconded by Kevin Overmyer, to approve on second reading Ordinance 2014-11 regarding the changes in setback requirements for Pretty Lake. Motion carried 2-1, with Ms. Griewank voting no

The ordinance will be presented for third reading December 15.



County resident Steve Neff, a long-time beekeeper who operates six apiaries in Marshall and Fulton Counties, is working with Purdue to colonize genetically diverse strains of bees to improve their survivability in the upper Midwest. He requested permission to place colonies of up to 75,000 bees on county-owned properties such as the Memorial Forest and the Shady Rest farm. He presented a draft proposal and offered to provide a certificate of liability insurance. After discussion, the Commissioners agreed to consider Mr. Neff’s request, and will have the county attorney review the proposal.


Weights and Measures Inspector: Mr. Roose reported that the Commissioners had interviewed three applicants for the position and recommended the appointment of Jerry Huss as Weights and Measures Inspector.

Jack Roose moved, seconded by Deb Griewank, to appoint Jerry Huss as Weights and Measures Inspector, contingent upon completion of state examination requirements and passing the pre-employment drug screening. Motion carried 3-0.


(Recessed at 10:00 am)


The meeting reconvened at 1:30. The following bids for 2015 materials and supplies for the Marshall County Highway Department were received, together with required documentation:

Deb Griewank moved, seconded by Jack Roose, to take all bids under advisement for review and recommendations by Highway Department personnel. Motion carried 3-0.

With no further business to come before the board, and upon motion of Jack Roose, seconded by Deb Griewank, the meeting was adjourned at 2:00 pm.


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