Merrillville council tables Lamar easement amid conflict disclosure; approves property exchange, personnel and park contracts

The Town of Merrillville council on Tuesday tabled proposed perpetual easement purchases from Lamar Advertising after a council member said he works for Lamar and declared a conflict of interest. Council members and staff also approved a series of ordinances and resolutions including a zoning update, park staffing changes, a property exchange, disposal of a surplus vehicle and a professional-services contract for parks.

Lamar easement and conflict disclosure: During discussion of the consent agenda, the council considered a proposal under which Lamar Advertising would purchase 99-year easements from the town for two billboard locations on municipal property. A council member who addressed the council during the discussion identified himself as the real estate manager for Lamar Advertising and said he would abstain from votes involving Lamar. Town staff and counsel advised that a grant of easement constitutes a property right under Indiana law and could trigger additional statutory requirements; they recommended a license agreement as a less permanent alternative that would achieve similar operational protections without conveying property rights.

Town Manager Michael Griffin (as recorded) and the town attorney explained the legal distinction and advised that pursuing an easement would require additional statutory steps, including potential appraisal and notice obligations. Council ultimately removed the Lamar items from the consent agenda and voted to table the related easement items to a later meeting to allow further review.

Other votes at the meeting: The council approved several measures during the general-order and resolutions sections:
- Ordinance 26-13 (zoning update for a planned-unit-development at 8257 Grant Street), approved by roll call (seven in favor).
- Ordinance 26-10 (amendments to the wage and salary ordinance to create a park maintenance manager and adjust park staff levels), approved on second reading by roll call (seven in favor).
- Resolution 26-24 authorizing a property exchange with Liberty Estates Developers LLC under Indiana Code 36-1-11-7; staff reported appraisals (average $166,500) and described the property to be received (approx. 4.5 acres valued at $173,000); council approved the exchange.
- Resolution 26-25 to declare a vehicle surplus and authorize disposal with a minimum acceptable bid of $300 was approved.
- Resolution 26-26 authorizing a professional-services agreement with Next Tech Solutions for parks and recreation services, not to exceed $26,800, was approved and funded from GO bond appropriations.

Context and next steps: Town staff said appraisals and title work would be required if the council decides to revisit the Lamar transaction; if the council seeks appraisals it would be at the town’s expense. The council removed the Lamar easement items from the consent agenda and tabled them for future consideration to ensure transparency and avoid procedural missteps. The town manager said staff will work with counsel and Lamar to explore a license agreement option and to return with additional information.

The meeting also included presentations and committee reports on stormwater projects and a forthcoming community meeting related to a $23 million White Family Foundation offer concerning the Dean and Barbara White Community Center.