Commissioners hear attorney report
MARSHALL COUNTY — The Commissioners heard an update from Attorney Jim Clevenger on several items.
The Commissioners will begin reviewing the applications and nominations for their five appointments to the Marshall County Tourism Board. An Executive Session was scheduled for April 15 for interviews. The City of Plymouth has two of the seven total appointments.
Attorney Clevenger informed the Commissioners that he has not yet heard back from Quality Correctional Care (QCC) regarding the two proposed revisions to the agreement with the Marshall County Sheriff for treatment at the Jail. He requested that language be added that would help clarify that providing a defense is part of the indemnity provisions and that QCC increase their insurance policy limits of liability. There is currently a proposed agreement that does not include the changes; the old contract is still in effect.
Responses for the Jail repairs project are due by April 15. Maintenance Director John Greer has confirmed that there has been interest shown in the project.
A draft of the Road Use Agreement was sent to Tamarack for comment, as of the meeting there was no response.
Attorney Clevenger repeated his recommendation to hire an attorney with experience in dealing with solar energy companies and decommissioning agreements to consult with Marshall County on the decommissioning agreement.
President Stan Klotz repeated a desire to have representation from Unsafe Building and Grounds, the Plan Commission, the Council, and the Commissioners to discuss the decommissioning agreement.
Attorney Clevenger stated that he has read several decommissioning agreements and that they do not negatively impact a response from the Unsafe Building Committee if a situation necessitates such.
Vice President Michael Burroughs made a motion to contact Rick Hall with Barnes and Thornburg regarding his availability and willingness to draft both a Road Use Agreement and a Decommissioning Agreement on the Tamarack Solar Project and how much that service would cost.
That motion carried 2 to 1; Burroughs and Kevin Overmyer in favor - Klotz opposed.
Attorney Clevenger thanked the Commissioners and the Auditor for their cooperation in helping set up a response to the Freedom of Information Act (FOIA) request.