Article submitted by Jamie Fleury, The Pilot News Staff Writer
MARSHALL COUNTY — Marshall County Attorney Jim Clevenger provided his attorney’s report to the Commissioners during the regular meeting held on Monday, November 21.
In his update for the Highway Department regarding Bridge #87 on 11th Road, he informed the commissioners that an Executive Session will need scheduled to discuss that the burden of proof shifts to the landowners on this claim. According to Clevenger, the appraisers completed and filed their reports on the right-of-way for both the Olson and Olive Trail Farms. Olson’s attorney has filed an exception which will lead to a jury trial because the Olson’s are requesting more than the appraised value of $4,650.
Attorney Clevenger informed the commissioners that the County will need to hire an appraiser to be its expert witness. Forty-five days prior to the trial, the County must submit a settlement offer that has attorney fee ramifications.
The appraised value for Olive Trail Farms was $2,200. The County’s last offer was $2,100. No exception was filed.
Ordinance 2022-17 was approved on first read. Attorney Clevenger advised the commissioners that they needed to adopt the Ordinance which adopts, amends, and restates personnel policies of the County as stated in the County Handbook. The Ordinance reflects the policies and handbook which were provided by Waggoner, Irwin, Scheele and Associates (WIS). This Ordinance includes the previously agreed upon modifications of paid time off to be effective January 1, 2023.
Attorney Clevenger was informed from Cohen & Malad that the State of Indiana has received the first settlement funds from the Opioid Litigation. Though the expected turnaround time for distribution to local government entities was estimated to be approximately two weeks, the funds were released to the State on November 3rd. No funds have been received by Marshall County. Clevenger had no timeline for distribution. The attorneys suggested that a letter be prepared and signed requesting distribution. It was noted that other states have already delivered their proceeds to local governments.
Divert Inc. has submitted and filed a Solid Waste Processing Facility Permit application with the Indiana Department of Environmental Management (IDEM) pursuant to Indiana Code 13-15-8. Marshall County owned properties located at North Pine Road and 1400 Pioneer Road adjoin the property.
Attorney Clevenger also completed the USI – Small Structure Inspection Agreement. USI will inspect and inventory 485 structures for a total cost not to exceed $200,000. The commissioners approved that agreement for the Highway Department during the same meeting.
