Tuesday, April 07, 2015

7 April 2015 Dearborn County Commissioners Meeting Notes

7 April 2015 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, Art Little, and Kevin Lynch
Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.  

Tim Greive was added to the agenda by McHenry- the Bright facility is in poor condition and have been looking out for a new facility and want to be in the Dover/St. Leon corridor to be more efficient. He wanted then to be aware they would be soliciting different property owners and they want to be better stewards of the land and do things better than in the past. They may close the  Bright facility and move to the Manchester one until they can get new property. Bright will still get their service just from a different station. Lynch said thanks an said he knows it has been a problem out there for a while. There was no mention about how they would pay for new property. No action taken. 
Road name change request- Professional Park Drive and Business Center Drive. These will stay as drives. They have not been accepted into the county list. 

Future Road name change discussion - Hardintown area tabled until 5 PM meeting

Elections - Clerk of Courts Rick Probst state law requires that commissioners publish a list of polling locations. He has 13 polls to be published for the primary election next month. Approved. Early voting runs noon04 M-F till May 1st and also on Sat 11-4 the last 2 Sat of April.

Proposed changes to zoning ordinance- Planning Director, Mark McCormack:
Article 17- Plot Plan Review- McCormack went over the minor changes to reflect back to the state law terminology and fixed minor plot plan changes in description. Major plot plan was defined clearly. Some text was removed to simplify descriptions. Renumbering of items done to accommodate deleted. Street widths are checked by highway dept on plats. Calling 811 before digging was added. Setback distances and septic fields and tanks identified. Dams had to be located and spillways. Similar items were done to both sections on minor and major plot plans. Drainage also needs to be identified. Plot plans have to be signed off by health dept. Site distances for driveways is reworded to reflect the Transportation dept. approvals needed. (Either our highway dept. or state if on a state highway access.) No public spoke and the Commissioners approved the zone amendment as proposed from the Plan Commission with PC’s unanimous favorable recommendation for Article 17.

Article 22- Landscaping, Buffering, Screening, and Fences-McCormack read the changes for commissioners. Much of the proposed text changes were simplifications of the original text. Maintenance of the improvements was added into the text so that it is clear who is in charge of keeping things well maintained. Rock and gravel was better defined as to when they could be used and how this affects stormwater system. Plan Director was replaced with tech review so that they don’t rely on just one person for review in the future. Reduction in this amount of landscape will go to BZA for review if it exceeds 25% of the plan. Unacceptable plants are also detailed for certain areas. Businesses can split bufferyards. Plants and sizes were changed in some areas. Allowances can be requested. Charts show the plant amounts needed. Colored pictures will be added to show the options for landscaping requirements. Fence section changes the front yard fences to requiring a permit. Height requirements are detailed to be sure people can pull out of driveways with visibility being open. Chain link fences are kept out of front yards. Chain links with slats were taken out in many cases. Unacceptable plants for street ROWs, alleys, storm systems areas were listed. Invasive plants or plants with root issues or attractants to nuisance insects or wildlife. Fruit trees that are non bearing cultivars can be considered. They used Purdue’s urban forester and other community ordinances for this. No public comment on this and the Commissioners approved the amendments to Planning Ordinance article 22 that had been unanimously given a favorable recommendation.  

Highway Engineer- Todd Listerman:Supplemental Design Bridge Agreement #1 for Bridge #5 East Laughery, east of Gregory- because this is now federal aid- they had to modify the contract to NTE  with . Howard Barth and Associates scheduled for 2018. NTE is $102,000
Award Bridge #9- Sangamaw, east of Dennis- low bid $334,372.15 for Rohe. Two other bids were higher from McAlister and O Mara. Approved. Start will be June 2 if they get their waiver for fish spawn.Otherwise it will be July-Aug. Hope to beat school start. Baudendistel needs to get quiet title on one owner.

McHenry- Bloom Road small structure question from a resident at the end.It is not on county maintenance list for 10 years. McHenry wants to meet with owner on this with Todd Listerman. 

Maxwell Construction Manager, Brad Rullman
Change Orders
Banta Electric- #7- additional receptacles in power for $12,276.74
Quality Fire Protection-  for sprinkler heads 3348.00 and deduct $8,081= deduct $4472.31Approved.
Certificates of Substantial Completion AIA#704 document that is the same for each vendor. this is just the first step in releasing the final payments. It allows the contractors to release their insurance. Only Triton Services is missing. Baudendistel asked if the punchlist items are finished. Rullman said yes.There is a minimum one year warranty and some have 5 years. Commissioners approved and signed those documents. 

Nicole Daily - working on Bright Elimination Program with Moores Hill and Aurora. There are asbestos contracts and demolition and also the specific property owners. The Commissioners can sign off or do they want Planning and Zoning to sign off on them. Baudendistel is reviewing them and this is all grant money so they agreed to allow Planning  (Nicole Daily) to sign off on these for bid packages 1 and 2. This expedites the demolition. McCormack said all these claims get vetted by auditor and the state too. Several checks and balances in the process. McHenry asked for the list of properties too. Bill Shelton also looks at the properties and checks on this. Commissioners also added McCormack or Bill Shelton to sign the agreements if Daily is unavailable.   

ADMINISTRATOR – Terri Randall- 
The GIS Coordinator is no longer with us and due to that vacancy she has been working with Planning and the surveyor due to their needs. They created a task list that person needs to be doing. They created a new job description. The pay range needs to be increased.
They changed it to a GIS lead technician. They will have a draft for Human Resources later to advertise. Andrea in surveyors office already does some GIS work. McCormack gave the history of GIS here to try to get turnover issues solved. He said $10K increase needed. Still working on it. [NOTE: Have they checked this salary increase with Council?]

Whitewater Mills opening is an invite event not open to the public. They will have a public event at a later time.

Bright Connector study has been approved funds by Council and 
June 3rd will have consultant interviews with OKI and Lynch and Todd Listerman. 

Putting out for quotes on jail landscaping to at least 3 local landscapers. [NOTE: Will they be invited to quote or advertised for quotes?]
INDOT Transportation infrastructure funding - she spoke to Todd about the survey she received. She should reach out to cities and towns to get the survey filled out in concert. This survey might affect what INDOT does here for the county regarding our needs.

She will be in INDY with Travelers for next two days for risk managers training. 

McHenry will be out for Whitewater Mills opening. He said Kevin will be happy to step in for me. Lynch concurred. 

McHenry thanked Andrea for stepping up on GIS.

McHenry then brought up the Jail contract questions I had been asking after getting information under the Public Access Law that indicated that Maxwell Construction Management base contract price had increased by over 46%.The contract included their fee of $359,900 which was later increased by an amendment to the contract due to an increase in the scope of work by $31,941 to total $391,841. 

The claims paid indicated that Maxwell Construction was actually paid close to $600,000. The total after checking each claim came to $573,131 with about $4,000 owed to date.  The difference of $181,310 was in a section called “reimbursables” in the contract. My question to the county officials was how did the reimbursables get to be that high. Some of this was due to mixing reimbursable and general conditions in the claims. The other was who were the people covering the two items labelled as Assistant Project Manager Reimbursable for $52,050 and On Site Personnel Reimbursable for $97,665.  

Brad Rullman - Maxwell’s project manager explained how they had done their claims and work and said that he was both the project manager in house  (for the base fee of $9,900 Phase 1, $32,625 Phase 2, and $234,088 Phase 3 Construction Phase.)He was also the personnel on site reimbursable.  He had an assistant PM also.We talked about the
fees for the office work versus the site work and how one is the contract price and the other is called reimbursables. I told them that I was wanting to know this information as it related to the proposed Courthouse Annex as that contract is very similar to
the jail one in pricing for the management fee at $343,000. 

I asked if we should be expecting on site work reimbursables in the $150,000 range there also. Rullman said yes. It also depends on the project length. I said that I noticed some language in the annex contract that seemed to protect Maxwell Construction in the event 
that the contract goes beyond a certain duration of expected time. I thanked him for his explanation. 

Randall also weighed in saying 
that this process of doing reimbursable hourly was to hopefully save some money along the way rather than use a lump sum price. She noted that the architect gets a lump sum percentage of the project fee. As it turned out this construction management project is in the similar percentage so six of one /half dozen of the other.

Pennington thanked Rullman for coming to explain what her staff couldn’t answer in my public records request.

AUDITOR – Gayle Pennington - Claims/ and March 3rd and 17th Minutes- Approved. Pennington thanked Brad Rullman for explaining the AIA contract as he staff couldn’t handle the answer in that (Chris Mueller’s) public records request.

ATTORNEY: Andy Baudendistel: 

Resolution for entry into interlock agreement regarding dispatch- Approved.
Interlocal w/Municipalities Regarding 911Dispatch- approved.

Lease Agreement- SCU- Special Crimes Unit Building- They moved into it March 15 for 15 years  with L-bg insuring building and we insure contents. McHenry abstains from discussion and voting. Lease cost is  $10/year.

Still working on sheriff auction ordinance for next meeting. Money goes to county general.

Lynch- keep Lauren Hill in our prayers as she goes thru her struggle
McHenry- also keep Bill Ullrich and family in prayers for his wife.
Little- agrees with both of the commissioners on Ullrich and Hill.

LATE ARRIVAL INFORMATION- First responders touring Whitewater Mills per Bill Black.


Meeting adjourned at 10:15 AM

Christine Brauer Mueller

Lawrenceburg Township

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