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Marshall County Board of Commissioners Minutes for Dec 15, 2014

by Marshall County Commissioners on December 31, 2014


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, December 15, 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.




On behalf of the AIC, Executive Director David Bottorff expressed appreciation to Auditor Penny Lukenbill for her service to Marshall County and the Association of Indiana Counties, where she served on the Board of Directors for many years, and most recently as President. On behalf of Representative Jackie Walorski, Ben Fulkowski presented an excerpt from the Congressional Record for December 2, in which Ms. Lukenbill was recognized for her many years of service.   The Auditor thanked Congresswoman Walorski for the honor, which she accepted on behalf of all county officials.



Mr. Byers requested approval to extend the contract with Heather Green for drug and alcohol education services for the MCDAP program. The rate has been increased to $250 per month, and the contract will run from January 1 through December 31, 2015. He also requested renewal of the contract with Joe Deisch, who fills in as needed during his absence. That contract will run through December 31, 2015, and the rate will remain at $140 per day.

Deb Griewank moved, seconded by Jack Roose, to renew the Court Services contracts with Heather Green and Joe Deisch from January 1 through December 31, 2015. Motion carried 3-0.



Mr. Overmyer advised that the EMA Director has expressed concern about the various dams in the county, and it has been determined that the Commissioners are responsible for making sure they are inspected.   Mr. Kottlowski was present to discuss the Zehner Mill Pond Dam which controls the level of Lake Latonka. Since this dam carries a “high hazard” designation, Indiana law requires inspection by professional engineers rather than by the DNR. The dam is situated on parcels owned by the Lake Latonka Property Owners Association, Jewel Bevil and the County. Mr. Kottlowski recommended that all parties enter into a Memorandum of Understanding to designate responsibility for the dam inspection and for any necessary repairs to the structure. He left a proposal for the inspection work, and the board will consider the matter further after the first of the year. In the meantime, Mr. Clevenger will contact the other owners to discuss a possible Memorandum of Understanding.



Sheriff Tom Chamberlin and First Sergeant Neal Wallace presented commendations to several Sheriff Department patrol officers involved in saving the lives of three county residents. In June, 2013, Officers Matt Brown, Brandon Cooper, Rick Prater and Ryan Hollopeter responded to a medical emergency and by using emergency lifesaving techniques, assisted in saving a man’s life. In March of this year, Officer Travis O’Neal arrived on the scene of a house fire and helped pull an elderly person to safety, suffering smoke inhalation himself. In October, Officer Jonathon Bryant arrived on the scene of an unresponsive man, and administered an AED and chest compressions to save his life.

The Commissioners individually expressed their gratitude to the officers for their extraordinary service.



The Commissioners currently hold tax sale certificates on 36 properties which did not sell at tax sale, and Joe Edwards from SRI discussed the procedure for a Commissioners Tax Sale Certificate Sale. The board must first pass a resolution indicating their intent to hold a certificate sale, and then establish a minimum bid on each property of at least $1.00, but less than the minimum tax sale bid. The properties will then be advertised once a week for three weeks, and he projected a March sale date. After the sale, property owners would still have 120 days in which to redeem the parcels.

Deb Griewank moved, seconded by Jack Roose, to approve Resolution 2014-08 to Establish the Intent to hold a Tax Sale Certificate Sale. Motion carried 3-0.



Mr. Gray presented the LEPC Emergency Response Plan update to the Commissioners for approval, noting that it coordinates with the county’s emergency plan. There are 85 facilities in the county, and each fire department has their own supplement listing the sites in their jurisdiction, as well as a procedures checklist.

Deb Griewank moved, seconded by Jack Roose, to approve the LEPC Emergency Response Plan update. Motion carried 3-0.

Mr. Gray then expressed concern about the lack of participation by the emergency personnel in the various jurisdictions. He feels that the first responders are unprepared and have an obligation to attend training to learn the response plan. During discussion, the Commissioners stated that their enforcement power is limited, and that the EMA has the same issues with the jurisdictions failing to participate in the county’s emergency plan.



Hickory Road Bridge: Ms. Baker presented the LPA contract with DLZ for project engineering on the Hickory Road Bridge for signatures. Mr. Clevenger reviewed the contract previously, and noted that all suggested changes were made.

Deb Griewank moved, seconded by Jack Roose, to approve the LPA with DLZ and INDOT for project engineering on the Hickory Road Bridge. Motion carried 3-0.

7th Road mitigation: Ms. Baker presented a letter of assurance to INDOT indicating that the county’s 20% match is in place for the wetlands mitigation project.

Deb Griewank moved, seconded by Jack Roose, to authorize Commissioner Kevin Overmyer to sign the letter of assurance for the 20% match for the wetlands mitigation project. Motion carried 3-0.

Highway bids: The Highway bids have been reviewed, and Ms. Baker recommending accepting all bids, with the exception of the Best One company which did not have all the appropriate documentation.

Deb Griewank moved, seconded by Jack Roose, to accept all bids for the 2015 Highway supplies, with the exception of Best One, due to lack of required documentation. Motion carried 3-0.

A copy of the 2015 Highway Bids book will be filed in the Auditor’s office.



Old Business:

Stacy Richer: Mr. Clevenger will work with Ms. Richer’s attorney on the proper procedure for transferring the property.

Sheriff MOU with Lake Maxinkuckee Association: The new MOU has been revised to include a 60-day termination clause and is ready for approval and signature. The Sheriff will utilize merit officers from his department and officers from the Culver Police Department, and there was still a question of insurance coverage on the officers who are not employees of the county. The Auditor will check with Gibson to determine the status.

Deb Griewank moved, seconded by Jack Roose, to approve the Memorandum of Understanding between the County, the Sheriff and the Lake Maxinkuckee Association for lake patrol services through December 31, 2018. Motion carried 3-0.

New Business:

Recorder v. LPS: Attorney Jason Williams from Chicago is willing to pursue LPS for theft of Recorder records from several counties on a contingency basis. Recorder Marlene Mahler estimated the cost of the 2,700 documents taken out of our system at $39,000, and feels it is worthwhile to pursue the matter. She would like to have the Commissioners’ approval before proceeding.

Deb Griewank moved, seconded by Jack Roose, to authorize Kevin Overmyer to sign the agreement with Jason Williams for recovery in the LPS matter. Motion carried 3-0.

Probation – Muskegon River Youth Center: The contracted per diem amount of $119 and 350 bed days remain the same as last year, for a total of $41,650. However, it appears that psychological assessment, counseling services and transportation are not included as in the past. After some discussion, the Commissioners agreed to delay approval until the Probation Department can clarify several issues.


December 1, 2014 minutes: Jack Roose moved, seconded by Deb Griewank, to approve the minutes of the December 1, 2014 meeting as presented. Motion carried 3-0.

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



The Commissioners considered on third 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 third reading Ordinance 2014-11 for the revised Pretty Lake setbacks. Motion carried 2-1, with Ms. Griewank voting no.


County Farm ground lease:   KSF Farms has returned the signed three-year lease for the County Farm, and it is now ready for the Commissioners’ approval and signatures.

Jack Roose moved, seconded by Deb Griewank, to approve and sign the three-year lease with KSF Farms for the county farm ground. Motion carried 3-0.


Argos Library Board: Library Director Jane Hall advised that Louella Earl is interested in reappointment to the board for four years.

Deb Griewank moved, seconded by Jack Roose, to approve the appointment of Louella Earl to the Argos Library Board of Trustees from January 1, 2015 through December 31, 2018. Motion carried 3-0.

Plan Commission: Jack Roose moved, seconded by Deb Griewank, to appoint Rance Glingle, and to reappoint Terry Barnhart and Stan Klotz to the Marshall County Plan Commission. Motion carried 3-0.

Board of Health: Deb Griewank moved, seconded by Jack Roose, to reappoint Michelle Riise and Craig Miller to the Marshall County Board of Health for three year terms. Motion carried 3-0.

Drainage Board: Jack Roose moved, seconded by Deb Griewank, to appoint Randy Glingle and Dan Voreis as citizen members of the Drainage Board for one-year terms. Motion carried 3-0.

MACOG Regional Economic Development Board: Deb Griewank moved, seconded by Jack Roose, to appoint Bill Davis and Joe Martin as representatives to the MACOG Regional Economic Development Board for a term of three years. Motion carried 3-0.

Marshall County Economic Development Commission:  Deb Griewank moved, seconded by Jack Roose, to appoint Roger Umbaugh to a three-year term to the Marshall County Economic Development Commission board. Motion carried 3-0.

Sick Bank: Jack Roose moved, seconded by Deb Griewank, to appoint Brenda Meyers, Sheriff Tom Chamberlin and Surveyor Larry Fisher, as the Sick Bank Board for 2015. Motion carried 3-0.

Personnel Committee: Jack Roose moved, seconded by Deb Griewank, to appoint the following to the personnel committee for 2015: Surveyor Larry Fisher, as elected representative; Clyde Avery as the non-elected representative, and Deb Griewank as Commissioners representative. Motion carried 3-0.

The other members by ordinance are the Auditor, Sheriff, Clerk and two council representatives.

Bourbon Plan Commission: Jack Roose moved, seconded by Deb Griewank, to appoint Patty Kitch and Eric Sechrist to three-year terms on the Bourbon Plan Commission. Motion carried 3-0.



Ms. Mahler reported that the permanent backups of the county’s recorded documents are now being housed at the jail and expressed appreciation to the Sheriff and Jail personnel for providing a permanent off-site facility.


Metronet update: Mr. Overmyer advised that the St. Joseph Regional Medical Center is now connected to the Metronet, as are LaVille Schools and Hoosier Tire in Lakeville. The fiber has been extended to the county buildings, but he was not sure of the status of the connection.

Roundabout update: Phend and Brown have applied the topcoat on the roundabout, and it should be open as soon as adequate signage is posted.


With no further business to come before the board, and upon motion of Deb Griewank, seconded by Jack Roose, the meeting was adjourned at 11:10 a.m.


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