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Marshall County Board of Commissioners Minutes for January 20, 2015

by Marshall County Commissioners on February 11, 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, January 20, 2015, for a regular meeting. Present were Commissioners, Kevin Overmyer, President; 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.

LEGAL SHIELD-CURT FEY

Curt Fey of Legal Shield gave a power point presentation offering affordable Legal protection for employees at a low monthly fee of $18.95 per month which includes various legal matters and Theft Protection at an additional rate of $9.95 per month. Coverage would include the employee, spouse and family; 60 hours of trial and trial preparation time per year; access to 100 legal forms; on-site enrollment, along with a variety of other services. Mr. Fey is requesting an opportunity to offer the service to county employees.

Kevin Overmyer suggested attending our Health Fair this year. A minimum requirement of employees need to sign up to attain payroll deduction. Contact the Auditor or H.R. Director regarding that Health Fair. We do not allow vendors to contact employees during working hours, unless it is through the Health Fair.

TIM FULZ AND PETE PEUQUET

Pete Peuquet appeared in place of Tim Fulz. Mr. Peuquet is the property owner requesting a permit for erosion control on the extension of 3295 Addison Street, Lake of the Woods. The County Highway Dept. came out in June after a storm with major damage and looked at the storm drain pipes coming into the lake. Mr. Peuquet applied to the DNR for a permit and spoke with other property owners, Sharon and Bill Ballweber (sic) and Jason Peters from the Highway Garage.   Mr. Peuquet is requesting permission to proceed with the work at his cost.

Kevin Overmyer inquired as to whether individuals use that area for access to the lake.

Mr. Peuquet indicated that some access is used, kids come and swim, but there are no boat docks or boats. Mr. Peuquet indicated that he has always maintained the property and he would like to take the trees down as well as contain the erosion. The culverts keep extending further into the property eroding the water and sand in front of the beach area.

Mr. Garner inquired as whether the culverts were active drainage.

Mr. Peuquet did not know if they were active, but indicated that they are eroding.

Mr. Clevenger questioned whether we allow land owners to take action to a shoreline. The County has previously not taken action on easements. The question would be if it is limiting access to the area.

Mr. Peuquet indicated that it wouldn’t be limiting access as there would be steps down into the water. Mr. Peuquet had applied for a permit 2653 from DNR to construct the seawall which listed the county as the owner of the property.

Joseph Toth, 3281 Lake Shore Drive, Bremen, Indiana, a resident of the lake, informed the Board that in his opinion the seawall would benefit the lake.

Mr. Clevenger indicated that this may be a matter to be tabled in order to allow public comment.

Kurt Garner inquired as to the liability of having someone working on the property.

Mr. Clevenger indicated that the culverts sticking out may also cause liability issues.

Mr. Garner indicated that he would like to inspect the property prior to making a final decision.

Kurt Garner moves to table the request and set the matter on the next Commissioners agenda for further consideration, seconded by Deb Griewank. Motion Carried 3-0.

USI REPORT

BART D. TRESTER

Mr. Trester appeared before the Board regarding the Marshall County Metronet installation along Glen Overmyer Drive for work that was completed on November 12, 2014 and which was previously accepted by the Board. Mr. Trester is requesting the Certificate of Substantial Completion be executed by the Board. The Board endorses the Certificate.

Mr. Trester indicated that the lights are working on the roundabout north of Plymouth. They are working on the final reconciliation quantities for 2014. The contractor received notice of approval for work on the mitigation project on Zimmer Ditch and the Banning property. Mr. Trester estimated that 80% of the 7th Road project is complete, five or six weeks of work remaining, prior to tearing down the old bypass.

HIGHWAY REPORT

LAURIE BAKER & JASON PETERS

Wetland Mitigation: Ms. Baker submits a letter of intent regarding the Notice to Proceed to USI for approval and signature. Deb Griewank moved, seconded by Kurt Garner, to approve the letter of intent and send it to USI. Motion carried 3-0.

Mill Pond Dam: Ms. Baker submitted a project packet containing four estimates for consideration prior to the next meeting.

Pug Mill Estimates: Mr. Peters submitted a handout of estimates and is waiting on one more. Pug is a stone and oil/sand mix and used for patching roads. The patch has been used on Elm Road north of Bremen and 2B on County Line and some other small sections. Different entities are using recycled asphalt.

Loader Update: Ms. Baker indicated that they are still working on the bid specs.

Replacement of Area Leader: Ms. Baker request permission to post a job opening for replacement of an area leader position. Deb Griewank moved, seconded by Kurt Garner, to approve the request to post replacement of an area leader position. Motion carried 3-0.

Pay Reduction Waiver: Ms. Baker requested approval of a waiver of a 10% pay reduction for an employee who transferred from the Sheriff’s Department to the Highway Department.

Deb Griewank moved, seconded by Kurt Garner, to approve the request to waive the 10% pay reduction and place the employee on 90 day probation period. Motion carried 3-0.

VETERAN’S SERVICE OFFICER

WORK ONE TRAINING

Ms. Griewank informed the Board that the Veteran’s Service Officer, Pam Schweizer-Betz is requesting permission to travel to a Work One Training session in South Bend on January 26-30.  Deb Griewank moved, seconded by Kurt Garner, to approve the request to travel on January 26 through January 30th to South Bend Work One Training. Motion carried 3-0.

COUNTY ATTORNEY REPORT

JAMES CLEVENGER

Old Business:

Telmate: Mr. Clevenger refers to Tom Chamberlin to present. Tom Chamberlin presents information regarding the Telmate, which will replace Securus, which is the current inmate telephone system.   Telmate will be used for telephone; kiosks; video visitation; Telmate will schedule the visitation seven days a week; each inmate will have an email account; Telmate owns/maintains the visitation notebooks; internet will be wireless. Homeland security utilizes Telmate. Liability is handled by Telmate and will replace the product at the cost to Telmate.

Mr. Clevenger indicated that he has been working with Scott Lam the attorney for Telmate to finalize the four year contract. Kurt Garner moved, seconded by Deb Griewank, to approve the contract between the Marshall County Sheriff’s Department, Marshall County and Telmate for a four year contract commencing January 1, 2015 and ending December 31, 2018. Motion carried 3-0.

Stacy Richer: Mr. Clevenger informed the Board that he was in contact with Roy Roush, attorney for Stacy Richer, and indicated that Ms. Richer preferred to obtain ownership earlier than March. Mr. Clevenger submitted the prepared notice to proceed on her request. The Commissioners would prefer to hold off until the tax sale.

Tax certificate sale: Mr. Clevenger indicated that the addendum to the SRI contract for the Commissioners Tax Certificate Sale had not been executed. The Auditor is to contact SRI to obtain a tax certificate sale date. Deb Griewank moved, seconded by Kurt Garner, to approve the Addendum to the Commissioners’ Live Certificate Sales Addendum with SRI. Motion carried 3-0.

Resolution Establishing Tax Sale Certificates: Mr. Clevenger informed the Board that there was an agreement to convey four parcels to the City of Plymouth. Kurt Garner moved, seconded by Deb Griewank, to approve Resolution 2015-1 to Establish the Intent to Conduct a Commissioners’ Sale to Sell Tax Sale Certificates for Properties that are Severely Delinquent in Payment of Property Taxes. Motion carried 3-0.

Sheriff/Sampson EEOC Claim: Mr. Clevenger received a Dismissal Notice and Notice of Rights on both pending EEOC Claims filed by Mr. Sampson against the Sheriff.   Based upon its investigation, the EEOC was unable to conclude that the information submitted violated the statues. As a result, Mr. Sampson has 90 days from receipt of the notices to sue based upon those charges.   If he does not do so, he will not be able to sue the county based upon those charges filed in the notice. He could still pursue the county for other claims, not included in the notice.

Attorney Agreement: Mr. Clevenger submitted the 2015 Duties and Compensation Agreement Between the Marshall County Attorney and the Board of Commissioners of Marshall County.   Kurt Garner moved, seconded by Deb Griewank, to approve the 2015 Duties and Compensation Agreement Between the Marshall County Attorney and the Board of Commissioners of Marshall County. Motion carried 3-0.

New Business:

Prepayment Ordinance: At the request of Commissioner Griewank, a term has been added to allow department heads to purchase merchandise and supplies under $750.00 with a credit card and to permit early reimbursement. Deb Griewank moved, seconded by Kurt Garner, to approve Prepayment Ordinance Amendment No. 2015-01 to allow department heads to purchase merchandise and supplies under $750.00 with a credit card and permit early reimbursement. Motion carried 3-0.

Treasurer/Brayco: Treasurer had been trying to collect back taxes on past due real estate and personal property taxes with the Brayco company and its parent company which are in bankruptcy. It appears the reorganization plan will pay the taxes owed but with a long-term payment plan.

AUDITOR’S REPORT

January 5, 2015 minutes: Submitted for approval. Kurt Garner moved, seconded by Deb Griewank, to approve the minutes of the January 20, 2015 meeting. Motion carried 3-0.

January Mid-Month claims:   Submitted for approval. Deb Griewank moved, seconded by Kurt Garner, to approve the January Mid-Month claims as presented. Motion carried 3-0.

COMMISSIONER ITEMS

Covered Bridge Certification: Covered Bridge Certification indicating that pursuant to I.C. 8-14-1-10 there are no covered bridges in Marshall County. Deb Griewank moved, seconded by Kurt Garner, to approve the Covered Bridge Certification indicating that pursuant to I.C. 8-14-1-10 there are no covered bridges in Marshall County. Motion carried 3-0.

Local Board of Health Appointment: Michele Riise is appointed to serve. Deb Griewank moved, seconded by Kurt Garner, to approve the appointment of Michele Riise to the Local Board of Health. Motion carried 3-0.

Local Board of Health Appointment: Craig Miller, M.D. is appointed to serve. Kurt Garner moved, seconded by Deb Griewank, to approve the appointment of Craig Miller, M.D. to the Local Board of Health. Motion carried 3-0.

Commissioners note in the minutes that Commissioner, Kurt Garner and Jason Peters have filed their conflict of interest statement with the Clerk’s office.

Mr. Overmyer inquired of the Auditor if the budget orders had been received from DLGF

Ms. Fox indicated that order had not been received.

Mr. Overmyer inquired of the Auditor as to the progress of the yearend financial report that is due March 1st.

Ms. Fox indicated that she has been in contact with DLGF and they indicated that they had begun working on the information for Marshall County as of the prior week and that information should be forthcoming within the next two weeks.

ADJOURNMENT

With no further business to come before the Board, Deb Griewank moved, seconded by Kurt Garner, to adjourn the meeting at 8:55 a.m. Motion carried 3-0.

    

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