The agreement states, “Pursuant to Indiana Code and all other applicable law, the City desires to provide aid to support MCHW’s operation of the Dr. Susan Bardwell Aquatics Center, a community pool located at 2740 Miller Drive in Plymouth.
The agreement says the City will pay MCHW $37,500 upon execution of the agreement, with said funds to be used solely for MCHW’s expenses of operating the Dr. Susan Bardwell Aquatics Center. Such expenses include, but are not limited to utility costs, payroll, supplies, etc.
In consideration of the aid provided by the City, Marshall County Health and Wellness agrees to provide the City with documentation, by the 10th of each month of how the funds were expended in the operations of the Dr. Susan Bardwell Aquatics Center. It’s anticipated the funds provided under this first agreement will be expended in the months of April, May, and June.
Councilmembers and Aquatic Center committee members, Don Ecker and Robert Listenberger commented on the agreement.
Ecker said, “It’s not what I was hoping we were going to be able to prepare for, but it’s a start. I’m in favor of it.” At that point Councilman Ecker motioned to approve the agreement and it was seconded by Robert Listenberger.
Before the vote, City Clerk/Treasurer Jeanine Xaver said, “I am still concerned regarding a conflict of interest with the city paying Marshall County Health and Wellness since both the Mayor and the City Attorney serve on that board. I understood from a previous meeting that the funds would go direct to the Susan Bardwell Aquatic Center.”
City Attorney Sean Surrisi responded, “I can clarify this. The mayor and I both serve on this board along with John Chancler as a representative of Ancilla College and Andy Hartley as representative of the school board. I found it more appropriate for the money to go to this entity rather than as I had said previously Dr. Susan Bardwell Swimming LLC is the day to day operator that is the limited liability company that was originally created when it was owned by Marshall County Economic Development Company. When they ceased operations of the facility, me personally took over ownership as the sole member of that limited liability company.” Surrisi continued, “In past meetings I said it made no sense to have the agreement between that and the city because of my involvement there.”
The city attorney said neither he or the mayor as representatives of Marshall County Health and Wellness Inc. have any direct interest in funds that are going to be spent on behalf of that entity for operating expenses of the facility. He said there was no conflict of interest in the agreement.
Councilman Jeff Houin, who happens to be a lawyer too, said, “I agree with the legal analysis you gave on the conflict of interest.”
The Common Council unanimously approved the agreement.
The parties further anticipate that a second similar agreement may be executed in future if there is still a need and if all parties successfully comply with the terms of this Agreement.