NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION EXECUTIVE BOARD MEETING
Thursday, March 21, 2019, 9:00 A.M. NIRPC Lake Michigan Room 6100 Southport Road, Portage, IN Draft Annotated Agenda
1.0 Call to Order and Pledge of Allegiance – Diane Noll, Chair
2.0 Public Comment
Members of the audience who have signed up to comment on agenda items will be recognized by the Chair.
Time is limited to 3 minutes per commenter. Commenters must sign up on the blue form prior to the start of the meeting.
3.0 New Appointments to the Commission – David Hollenbeck
4.0 Approval of Minutes of the February 21, 2019 Full Commission Meeting Pages 1- 4
ACTION REQUESTED: Approval
5.0 Report of the Chair – Diane Noll
6.0 Report of the Executive Director – Ty Warner
Finance & Personnel Committee – Justin Kiel Pages 5-10
Resolution #19-13, Unified Planning Work Program
Amendment 1.B Pages 8-10
ACTION REQUESTED: Approval
IT Contract
ACTION REQUESTED: Approval
Technical Planning Committee – Kevin Breitzke Pages 11-23
Interlocal Cooperation Agreement for the Engineering Services for
Mutual Benefit Connected with a Federal Aid Bike Trail Pages 13-23
ACTION REQUESTED: Approval
9.0 Outreach Committee - Justin Kiel Pages 24-27
10.0 INDOT, Rick Powers, La Porte District Deputy Commissioner
11.0 Other Business
12.0 Announcements
13.0 Adjournment
The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.
NIRPC Executive Board Meeting 6100 Southport Road, Portage, IN February 21, 2019
Minutes
Call to Order - Chairperson Diane Noll called the meeting to order at 9:05 a.m. with the Pledge of Allegiance and self-introductions. The meeting was streamed live on YouTube.
Board Members present included Geof Benson, Tim Bietry, Justin Kiel, Diane Noll, Greg Stinson, James Ton and George Topoll.
Commissioners present included Jeannette Bapst, Kevin Breitzke, Charlie Brown, Robert Carnahan, Bill Emerson, Jr., Don Ensign, Will Farrellbegg, Jane Jordan, Steve Kramer, Tom Schmitt, Dave Shafer and Brian Snedecor.
Guests present included Justin Mount, Lauri Keagle, Matt Deitchley, Adam Parkhouse, Jessica Spiess, Lisa Shrader, Lauren Varga, Jeff Huet, Terri Saltzman, Ismail Attallah, Jill Murr, David Wright, Christopher Murphy, Tim Zorn and Andrew Steele.
Staff present included Dave Hollenbeck, Ty Warner, Trey Wadsworth, Kathy Luther, Daria Sztaba, Scott Weber, Talaya Jones, Charles Bradsky, Mitch Barloga, Lisa Todd, Peter Kimball, Dominique Edwards, Meredith Stilwell and Mary Thorne.
Public Comments –
There were no comments from the public.
New Appointments – Dave Hollenbeck announced the appointments to the Commission of Sheila Brillson from the La Porte County Commission and Joshleen Denham from the Town of Trail Creek.
Minutes – The minutes of the January 17, 2019 Full Commission meeting were approved on a motion by Greg Stinson and a second by George Topoll.
Report of the Chair – Diane Noll
The Committee Assignments for 2019 were shared with the commissioners in attendance. Ty Warner added that Chairs and Vice Chairs were assigned for the Lake and Porter Transportation Resource & Oversight (TROC) and the La Porte Transportation Resource & Oversight Committees.
Report of the Executive Director – Ty Warner
Mr. Warner reported on the National Association of Regional Council’s Legislative Conference in Washington DC attended by Warner, Geof Benson and Justin Kiel. The NIRPC team brought
the issues of a new reauthorization in 2020, projected shortfall in the highway trust fund, and revenue options such as a gas tax or a tax by tracking vehicle miles traveled. They also discussed the rail crossing blockage issue. The Honorable Peter DeFazio, of the House Transportation and Infrastructure Committee, was a speaker at the conference at a session on a possible infrastructure package. The rail issue stemmed from the consensus of the Commission last month to support HB 1090 on rail crossing blockages and emergency response safety issues. Geof Benson, who also serves as current President of NARC, added that speakers included Ben Carson, Secretary, U.S. Department of Housing and Urban Development; the Honorable Sam Graves, Missouri; and the Honorable Dina Titus, Nevada; as well as the Honorable Earl Blumenauer, Oregon. Regarding the Highway Trust Fund issue, Justin Kiel added there was a third revenue option of decreasing the federal match; however, we want a strong federal partner.
Finance & Personnel Committee – Justin Kiel
Justin Kiel said the committee met this morning to review the financial status, reconciliation of expenses, and approve the claims register. There was no action required of the Board today.
Environmental Management Policy Committee – Kathy Luther
Kathy Luther reported that the committee met on February 7 to review the scoring for CMAQ and environmental projects and heard a presentation from a student group at Purdue on education and air quality. Jan Bapst added that the committee supports Resolution 19-07 from the Legislative Committee.
Technical Planning Committee – Jim Ton
Jim Ton reported that the Technical Planning Committee met on February 12 and collaborated with staff on programming projects for the draft FY 2020-2024 Transportation Improvement Program which was submitted to INDOT last week. The final TIP will go out for public comment and then be brought to the TPC for its recommendation to the NIRPC Commission in May. The next meeting will be on March 12 at 10 a.m. at NIRPC.
Legislative Committee – Ty Warner
Ty Warner presented Resolution 19-06 in support of a legislative change to NIRPC’s appropriation from 70 cents per capita set in the early ‘90’s to its current dollar value of 96 cents per capita and indexing the per capita rate into the future. Michael Griffin had drafted the language for the legislative change at the direction of the committee. This change would enable NIRPC to do even more throughout the three counties and to leverage additional federal and other grants. The need for this increase has been discussed for several years. This could either be amended into a bill in the current session or put it into regular session next year. Kevin Breitzke supported the resolution and said the fiscal bodies of the three counties be made aware. On a motion by Greg Stinson and a second by George Topoll, the Board voted to adopt Resolution 19-06.
Resolution 19-07 was supported by the Environmental Management Policy Committee for a feasibility study for erosion control at the Portage Lakefront Park. A National Parks
Conservation Association video on the need for action on beach erosion was shown to the Commission. The resolution supports a feasibility study be conducted by the Army Corps of Engineers in order to develop long-term solutions to address severe shoreline erosion on Indiana’s Lake Michigan shoreline, specifically at the Portage Lakefront. On a motion by Greg Stinson and a second by George Topoll, the Board voted to adopt Resolution 19-07.
Resolution 19-08 supports House Bill 1090 regarding trains blocking rail crossings for prolonged periods of time. The Commission at its last meeting had voted to lend conceptual support for the bill until the actual language could be reviewed. Warner sent a letter in this regard to Indianapolis, and the Legislative Committee has since reviewed the actual bill language and recommends support. On a motion by Jim Ton and a second by Greg Stinson, the Board voted to adopt Resolution 19-08.
Resolution 19-09 supports Senate Bill 83 which allows a a redevelopment commission to use up to 15% of the property tax proceeds allocated to a redevelopment district in a fiscal year for ongoing maintenance and repair of: (1) public ways; and (2) sewers, central water systems, central sewer systems, roads, sidewalks, and levees; that are located in an allocation area and that were funded in whole or in part with tax proceeds allocated to the redevelopment district. Mayor Snedecor explained Senate Bill 83 in more details and argued for its support. On a motion by Jim Ton and a second by Greg Stinson, the Board voted to adopt Resolution 19-09.
Transportation Conformity
Scott Weber reported that no comments were received during the public comment period.
Scott Weber explained Resolution 19-10 making the Transportation Conformity Determination for the 2040 Comprehensive regional Plan Update Companion Amendment
#7 and FY 2018-2021 Transportation Improvement Program Amendment #20 with respect to ozone in La Porte County. On a motion by Jim Ton and a second by Greg Stinson, the Board voted to adopt Resolution 19-10.
Scott Weber explained Resolution 19-11, Amendment #7 to the 2040 Comprehensive Regional Plan Update Companion adding three projects in La Porte County. On a motion by Greg Stinson and a second by Jim Ton, the Board voted to adopt Resolution 19-11.
Scott Weber explained Resolution 19-12, Amendment #20 to the FY 2018-2021 Transportation Improvement Program adding additions to the Comments Column as explained. On a motion by Jim Ton and a second by George Topoll, the Board voted to adopt Resolution 19-12.
Indiana Department of Transportation
Matt Deitchley reported that the pothole repairs have begun and construction season is just around the corner.
Announcements –
Bob Carnahan commented on the importance of participation in the 2020 Census in order to not lose funding or representation.
Laurie Keagle announced the February 26, 2019 South Shore Clean Cities Annual Meeting & Awards at the Blue Chip in Michigan City.
The VW Settlement Advisory Committee will meet on March 4.
Adjournment –
Hearing no other business, Diane Noll adjourned the meeting at 10:07 a.m. The Executive Board will meet on March 21, 2019 at 9:00 a.m. at NIRPC.
A Digital MP3 of this meeting is filed. Contact Mary Thorne at the phone or email below should you wish to receive a copy of it. DVD recordings will be available once they are received by NIRPC from the videographer.
The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.
NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION
FINANCE AND PERSONNEL COMMITTEE
January 17, 2019
NIRPC Dune Room, Portage, Indiana
Commissioners: George Topoll, Karen Freeman-Wilson, Justin Kiel, Dave Shafer, Jane Jordan, Richard Hardaway, Diane Noll and Bob Carnahan.
NIRPC staff and others: Ethan Lowe, Daria Sztaba, Kathy Luther, Talaya Jones, Glenn Wells, Lisa Todd, Allen Hammond, Meredith Stilwell and Candice Eklund.
Call to Order and Pledge of Allegiance
Chairman George Topoll called the meeting to order at 8:01 a.m. with the Pledge of Allegiance.
Approval of Minutes
The minutes of the November 15, 2018 meeting were approved without exception on motion by Justin Kiel and second by Dave Shafer.
Review of Financial Status – November 2018
Daria Sztaba presented the November bank account reconciliations for the NIRPC general fund, the LaPorte County Revolving Loan Fund (RLF) and the Sequestered Revolving Loan Fund. There were payments made to the transportation sub-recipients, totaling $880,708 from the general fund account, for operating expenses. Deposits of $2,857.49 were made to the Revolving Loan Fund for payments made on loans. Daria stated the Sequestered Revolving Loan Fund will be integrated with the Revolving Loan Fund in the near future, leaving only two NIRPC bank accounts.
Daria Sztaba presented the Budget to Actual Expenditures Report for January through November 2018. All general fund expense categories are within or under budget, with the exception of Capital Outlays which is 2% over budget. Salaries is 5% under budget as a result of two employee resignations and one unfilled position. Contractual expense is under budget by 47%, but will be more in line with the budget once payment to Westat, Inc. is made in December for the household travel survey. Total general fund expenditures are under budget by $558,621. Capital expenditures are currently under budget by $3,081,178.
Daria Sztaba presented a graph representing revenues YTD as of November 2018. The year to date revenue variance is currently under by $994,523 and is partly related to the agency’s state and federal 4th quarter billings. This money will eventually be collected, but not in FY 2018.
Approval of Claims Register – November 2018
Daria Sztaba presented the November 2018 claims register. Total claims paid in November were $1,071,553.82. Justin Kiel questioned Comcast Voice being a greater cost than Comcast Internet. The invoice for Comcast Voice is higher due to each of the 29 NIRPC employees having a phone line extension and voice mail, conference room phones and a new Line Seat was added and leased to the Northwest Indiana Forum, who will reimburse NIRPC through quarterly billing. On motion by Richard Hardaway and second by Justin Kiel, the committee approved the claims register for November.
Review of Financial Status – December 2018
Daria Sztaba presented the December bank account reconciliations for the NIRPC general fund, the LaPorte County Revolving Loan Fund (RLF) and the Sequestered Revolving Loan Fund. Deposits of $2,857.49 were made to the Revolving Loan Fund for payments made on loans. Daria stated the Sequestered Revolving Loan Fund will be integrated with the Revolving Loan Fund in the near future.
Daria Sztaba presented the Budget to Actual Expenditures Report for January through December 2018. Daria referred to this report as a preliminary closing for 2018 as all expenses have not been recorded. The final version of the report will be provided at the F & P meeting in March 2019. All general fund expense categories are within or under budget with the exception of the Capital Outlays line item at 6% over budget. The Contractual line item dropped from 47% over budget in November to 17% over budget in December due to a payment made to Westat, Inc, in the amount of $224,268 for the household travel survey, leaving an outstanding balance of $7,813. Total general fund expenditures are under budget by $355,130. Capital expenditures are currently under budget 1,940,715.
Daria Sztaba presented a graph representing revenue YTD as of December 2018. The year to date revenue variance is currently under by $505,252. This variance will be closer to the budget after NIRPC invoices the local agencies and non-governmental partners in the fourth quarter. The final report presented in March 2019 will reflect this activity.
Approval of Claims Register – December 2018
Daria Sztaba presented the December 2018 claims register. Total claims paid in December were $620,675.18. The committee had no comments. On motion by Dave Shafer and second by Justin Kiel, the committee approved the claims register for December.
NIRPC Resolution #19-01 Approval of FY 2019 Budget
Daria Sztaba presented the FY 2019 budget to the Committee, discussing the modifications made to the budget presented at the November meeting. Daria noted the total fund budget for the 2019 transit operating project fund appropriations changed from $3,050,763 to $4,485,932 because of the addition of prior year funds. Daria also noted the total budget for FY 2019 transit operating projects fund changed from $4,346,030 to $7,154,271, as a result of the addition of grant funds. Budgeted revenue figures were decreased by 16% from 2018 due, in part, to the retirement of the KRBC Executive Director. A new $15,000 contract was signed with the KRBC, but is a decrease in the revenue NIRPC previously collected from the KRBC. In addition, the budget originally presented included CMAQ funds. Those funds were removed for the latest iteration as there have been some issues with INDOT regarding the program. Once those have been resolved, a budget amendment will be needed, most likely in the 2nd quarter of 2019.
Daria reviewed the budgeted expense figures. The Salary expense category was decreased by 7%. This reduction is due to not only the KRBC Executive Director’s retirement, but also due to the elimination of previously budgeted for GIS planner and Environmental Education positions which are currently not being filled. The Fringe benefit expense category also was decreased by 3% as a result of the salary line decrease. Equipment service/maintenance budgeting items are over 4% as a result of hiring a new Information Technology (IT) contractor. The prior IT contractor was undergoing reorganization issues, causing NIRPC to contract with the next least expensive company from the three Request for Proposal (RFP) responses for 2019.
Contractual budgeting decreased 85%, primarily because the 319 Watershed cost sharing grant for the environmental contract ended and South Shore Clean Cities (SSCC) cannot provide assistance with the CMAQ public education contract at this time. On motion by Karen Freeman- Wilson and second by Justin Kiel, the committee approved the budget for recommendation to the Full Commission for approval.
Finalize F & P 2019 Meeting Schedule
Daria Sztaba presented the proposed 2019 NIRPC Finance and Personnel Committee meeting schedule. The proposed schedule was adjusted to coincide with the Full Commission and Executive Board meetings schedule in 2019. The F & P Committee would meet at 8:30 a.m. before an Executive Board meeting and 8:00 a.m. before a Full Commission meeting.
Notifications will be sent if an exception to these timeframes transpires.
Adjournment
Chairman George Topoll concluded the meeting by sincerely thanking the committee and NIRPC staff for all of their guidance and support during his past year as Chairman of the Finance and Personnel Committee.
There being no further business, the meeting adjourned at 8:45 am. The next meeting is scheduled for February 21, 2019 at 8:30 a.m.
Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty-first day of March 2019.
ATTEST:
Dianne Noll Chairperson
George Topoll
Secretary 8
Amendment #1B includes carryover funds for NIRPC’s existing project.
A carryover of Federal PL funds of $115,252.21, included in NIRPC FY 2018 budget, ($144,065.26 total with 20% local match) is allocated for a Household Travel Survey Program. The carry-over amount is crucial to satisfy contract terms, signed with third party to perform the survey. This project is included in TIP Funded Activities element 800.4 of the report. The following is the program description:
HOUSEHOLD TRAVEL SURVEY
WORK ELEMENTS/METHODOLOGY:
NIRPC through the procurement process for vendor(s) signed a contract with Westat Inc.
NIRPC’s agreement with Westat, Inc is executed and appropriate signatures are affixed as of the 21st, day of September, 2017 for a total cost not to exceed $276,139 for services performed starting December 15, 2017. All services must be completed by February 8, 2020.
Westat Inc. shall perform the services to the satisfaction of the Commission as provided for in the scope of work which is described as:
Develop Survey Data Weights Draft and final survey report and final survey datasets with corrective and expansion weighting factors and associated documentation
Implement Core Household Survey
Develop Survey Data Weights Draft and final survey report and final survey datasets with corrective and expansion weighting factors and associated documentation
Administration and public participation
UPWP
section
Staff cost Consultant /
partner / intern cost
Equipment / license / other cost
Total task cost
Federal share
NIRPC
share
Non-NIRPC
share / in- kind value
Planning management + administration 100.1 222,280 - - 262,280 209,824 52,456 -
Public participation + communication tools 100.2 157,585 - - 157,585 126,068 31,517 -
Title VI program management 100.3 5,185 - - 5,185 4,148 1,037 -
Environmental Justice program management 100.4 5,185 - - 5,185 4,148 1,037 -
ADA program management 100.5 13,371 - - 13,371 10,697 2,674 -
UPWP development and management 100.6 45,468 - - 45,468 36,374 9,094 -
Total costs for task group 449,073 - - 489,073 391,259 97,815 - Data collection + analysis
Transportation data collection 200.1 125,851 - - 125,851 100,681 25,170 -
Planning data analysis + forecasts 200.2 80,346 - - 80,346 64,277 16,069 -
GIS support services 200.3 92,003 - - 92,003 73,602 18,401 -
Performance-based planning activities 200.4 39,475 - - 39,475 31,580 7,895 -
Congestion management 200.5 21,829 - - 21,829 17,463 4,366 -
PL + 5303 activities
PL + 5303 activities
Travel demand modeling 200.6 21,829 - - 21,829 17,463 4,366 -
Air quality conformity 200.7 21,829 - - 21,829 17,463 4,366 -
Total costs for task group 403,162 - - 403,162 322,530 80,632 - Short-range planning
TIP development 300.1 80,775 - - 80,775 64,620 16,155 -
TIP management 300.2 93,434 - - 93,434 74,747 18,687 -
Environmental red flag investigations 300.3 17,519 - - 17,519 14,015 3,504 -
Total costs for task group 191,728 - - 191,728 153,382 38,346 - Long-range planning
2050 CRP development 400.1 268,315 - - 268,315 214,652 53,663 -
CRP implementation 400.2 49,432 - - 49,432 39,546 9,886 -
Environmental linkages planning 400.3 25,958 - - 25,958 20,767 5,192 -
Regional land use planning 400.4 69,574 - - 69,574 55,659 13,915 -
Surface transportation planning 400.5 53,692 - - 53,692 42,953 10,738 -
Total costs for task group 466,971 - - 466,971 373,577 93,394 - Multi-modal planning
Active transportation planning 500.1 179,943 - - 179,943 143,955 35,989 - Transit planning 500.2 - - - - - - - Total costs for task group 179,943 - - 179,943 143,955 35,989 -
Total budget for PL / 5303 + match 1,690,877 - - 1,730,877 1,384,702 346,175 -
PL / 5303 + match available per MPO Council distribution 1,731,691 1,385,353 346,338 200,023
Special
Special
No activities identified in this UPWP period 600.1 - - - - - - - Total budget for 5307 + match - - - - - - -
5307
5307
Sub-grantees oversight 700.1 315,105 - - 315,105 252,084 63,021
Transit planning 700.2 186,410 - - 186,410 149,128 37,282 -
Total budget for 5307 + match 501,515 - - 501,515 401,212 100,303 -
Staff cost Consultant /
TIP funded activities
TIP funded activities
partner cost
Educational + promotional
m aterials | ||||||||
Air quality + eduction (FY2018 CMAQ) | 800.1 | 110,213 | - | - | 110,213 | 88,170 | - | 22,043 |
Household Travel Survey (FY2017 STBG) | 800.2 | - | 127,024 | - | 127,024 | 101,619 | - | 25,405 |
E-TIP (FY 2017 STBG) | 800.3 | - | 45,000 | - | 45,000 | 36,000 | 9,000 | - |
Household Travel Survey | 800.4 | - | 144,065 | - | 144,065 | 115,252 | 28,813 | - |
- | - | - | - | - | - | - | ||
Total budget for CMAQ or STP + match | 110,213 | 316,089 | - | 426,302 | 341,041 | 37,813 | 47,447 | |
Staff cost | Consultant / | Equipment / | ||||||
Local
Local
Kankakee River Basin Commission
19 900
partner cost license /
other cost
25,912 - - 25,912 - 25,912 -
NIRPC 16,130 - - 16,130 - 16,130 -
Other federal
Other federal
Calument Land Conservation Partnership 38,484 - - 38,484 30,787 7,697 - Deep River-Portage Burns Waterway Initiative 41,688 - - 41,688 33,350 8,338 -
GLRI 10,869 - - 10,869 8,695 2,174 -
Lake Michigan Coastal Program 20,179 - - 20,179 16,143 4,036 -
LARE 21,509 - - 21,509 17,207 4,302 -
Northwest Indiana Brownfields Coalition 35,501 - - 35,501 28,401 28,401 -
Total budget for local funding 210,272 - - 210,272 134,584 96,989 -
Total budget for all tasks 2,512,877 316,089 - 2,868,966 2,261,539 581,280 47,447
Technical Planning Committee NIRPC Lake Michigan Room, Portage, IN
February 12, 2019 Minutes
Kevin Breitzke called the meeting to order at 10:05 a.m. with the Pledge of Allegiance and self-introductions. Committee members present were Jim Biggs, Kevin Breitzke, George Topoll, Mark O’Dell, Marino Solario, Dean Button, Michael Griffin, Tim Bietry, David Wright, Tyler Kent, Tom MacLennan, Kelly Wenger, Kay Nelson and Jessica Miller.
Others present were Ryan Lisek, Craig Phillips, Duane Alverson, Beth Shrader, Matt Mihalik, Jeff Huet, Eric Wolverton, Mark Gordish, Denarie Kane, Dennis Cobb, Don Oliphant, Bruce Spires, David Shilling, Jerry Siska, Michael Duffy, K-Todd Behling, Tom VanderWoude, Frank Rosado, Jr., Nick Bellar, Wendy Vachet, Craig Zandstra, Michael Jabo, Ismail Attallah, Robert Thompson, Deb Backhus, Claudia Taylor, M. Matt Gavelek, Jake Dammarell, Sarah Kobetis and Christopher Murphy.
Staff present were Trey Wadsworth, Kathy Luther, Mitch Barloga, Charles Bradsky, Dominique Edwards, Gabrielle Biciunas, Scott Weber, Peter Kimball, Eman Ibrahim and Mary Thorne.
The INDOT participation survey was available.
The minutes of the January 8, 2019 meeting were approved on a motion by Kay Nelson and a second by Tim Bietry.
There were no public comment requests.
Charles Bradsky gave a brief overview of the current Transportation Improvement Program (TIP) for the Group 2 Michigan City Urbanized Area. There is currently a deficit of $639,000 and this will be addressed next week at the Transportation Resource & Oversight Committee meeting.
Mitch Barloga described the TIP programming approach. Last fall, the TPC approved a series of funding targets. The next few months identified project types and how they rank with our process. There is only $1 million available for over $10 million proposed. For transit, we will need to cut $10 million in requests to balance the TIP. More money will be available in the out years, but 2020-2023 will be slim. The timeline culminates in adoption of the TIP and NOFA by the Commission at their May 16 meeting. The next NOFA will kick off in September or October with anticipated adoption by the Commission at its meeting in April, 2020.
Group 2 Michigan City Urbanized Area
Beth Shrader, City of La Porte and Craig Phillips, City of Michigan City worked together on roadway improvement funding for projects in Michigan City and La Porte. Funding amount changes were recorded in Excel live and onscreen. On a motion by Tim Bietry and a second by
Michael Griffin, the Technical Planning Committee approved the roadway improvement funding for the project selections for Years 2020-2024.
Group 1 Chicago Urbanized Area
Charles Bradsky gave an overview on Group 1 highway project funding for the Chicago Urbanized Area which include Lake and Porter Counties. The Bike and Ped deficit in 2022 will be discussed at the Transportation Resource & Oversight Committee meeting on February 26. There is a $375,000 set aside for change orders and other risks. Group 1 Transit will be covered separately. Funding amount changes were recorded in Excel live and onscreen. 2020 is fully programmed.
In answer to a question by Jeff Huet, Trey Wadsworth said the Schererville project was being scored as a Quality of Place project because it would address congestion. Staff felt that projects already begun should be completed. This project will be included in the 2050 Plan for the next NOFA as a full allocation in 2025-2026.
Under Roadway Improvements, Denarie Kane presented an update on a letter of support from a developer to the Marcella and 61st Avenue project asking for a change in scoring points from 63 to 68. After discussion and deliberation, the committee felt that while Hobart had a partner, no funding commitment was provided. Michael Griffin moved to award $1.6 million to the Hobart project with the caveat that Hobart would need to come up with the balance in local match and without scoping the project down. Mark O’Dell made the second. The Technical Planning Committee approved the roadway improvement funding for the Hobart project with one no vote by Dean Button.
Hammond’s Kennedy Avenue project will receive $3,220,000 in 2024. Portage’s Samuelson Road project will receive $306,000 in 2024. They are to rescind their PE/ROW request; find balance from State; pending INDOT commitment. On a motion by Marino Solario and a second by Michael Griffin, the Technical Planning Committee approved the roadway improvement funding for the Kennedy Avenue and Samuelson Road projects in 2024 as awarded.
Highland reduced its request to the $131,133 available in the Complete Streets category.
Transit funding was discussed. There is a $10 million deficit of 5307 funding and cuts in funding requests needed to be made. Last week this deficit was demonstrated to the transit operators and several options were discussed. GPTC and East Chicago Transit worked out their funding today. Several items will need to be rechecked by staff. On a motion by David Wright and a second by Michael Griffin, the Technical Planning Committee approved the transit plan as discussed.
Due to the length of the programming discussions, Kevin Breitzke directed the committee to refer to the meeting schedule. The next Technical Planning Committee meeting is scheduled for Tuesday, March 12, 019 at 10 a.m. in the Lake Michigan Room at NIRPC.
On a motion by Kay Nelson and a second by Mark O’Dell, Kevin Breitzke adjourned the meeting at 1:35 p.m.
Township Board, organized pursuant to IC 36-6 et seq., the City of Portage, by its Park and Recreation Board, organized pursuant to IC 36-10-3, the Town of Schererville through its Department of Parks and Recreation organized pursuant to IC 36-10-3 et seq., the Lake County through its Parks and Recreation Department, organized pursuant to IC 36-10-3 et seq., and the Northwestern Indiana Regional Planning Commission (NIRPC) all as participating entities now desire to enter into an agreement constructed pursuant to IC. 36-1-7-1, et seq., to provide for the ability to provide engineering services for the mutual benefit of the participating entities, and at a shared cost;
Section 1. DURATION. The duration of this agreement shall be from January 1, 2016 through December 31, 2016, provided said agreement is adopted by Resolution by each of the governing boards of the relevant aforesaid political subdivisions as participating entities, prior to that date, or up to and including December 1, 2016, and may be renewable each calendar year thereafter by agreement of the parties, evidenced by passage of similar resolutions, should the purposes of this agreement or Section 7 herein require
it .
lnterlocal Governmental Agreement page 2
ESTABLISHMENT OF THE ENHANCED ENTITY. This agreement shall be administered through a "separate legal entity" to be styled as the Enhanced Entity, which is hereby established. It shall be comprised of the Town of Highland's Parks and Recreation Department as governed by its Park and Recreation Board, which shall be deemed by all parties to be a separate legal entity, all pursuant to IC 36-1-7-3(a)(5)(A). The Enhanced Entity shall be the LPA for any agreements between the entity and the State of Indiana for the purposes of carrying out the purposes of this agreement. The establishment and the powers of the enhanced entity shall be as follows:
All parties approving the agreement also hereby consent to and hereby appoint the Highland Park and Recreation Board to be the governing body of the Enhanced Entity. The powers of the Enhanced Entity, as a separate legal entity, shall be exercised by the Park and Recreation Board and shall be construed to include all powers directly granted it under IC 36-10-3 et seq., those powers permitted under IC. 36-1-7-2 and only those powers exercisable by the participating entities individually and outlined in IC 36-10-2, IC 36-9-2 and IC 36-9-6 deemed necessary to carry-out the bicycle and walking trail engineering project described in section 2 of this agreement.
Change orders will be provided for review and concurrence by all participating entities. By adoption and approval of this agreement, all the participating entities have consented to make review and concurrence a ministerial task to be undertaken by a person or officer each will respectively
authorize and, once chosen, will be empowered to evidence review and
lnterlocal Governmental Agreement page 3
concurrence on behalf of the respective participating entity by letter transmitted to the governing body of the Enhanced Entity. The Enhanced Entity through its governing board, the Highland Park and Recreation Board, will finally approve all change orders and its proper officers will evidence approval by their signatures.
OFFICER. This agreement hereby delegates to the duly elected Clerk Treasurer of the Town of Highland, the duty to receive, disburse, and account for all moneys of this undertaking pursuant to the terms of this agreement. The Clerk-Treasurer shall perform all usual duties associated with the office and as required by law and shall act as the fiscal officer of the Enhanced Entity.
The Town of Highland through its Parks and Recreation Department and District, by its Park and Recreation Board agrees and shall serve as an enhanced entity behalf of all of the participating entities. It shall provide administration and supervision over engineering services related to the bicycle and walking trail improvement project described herein.
The Town of Highland through its Parks and Recreation Department and District, by its Park and Recreation Board agrees and shall contribute the (NET) amount of Two Thousand and Three Hundred Dollars ($2,300.00) to the Park and Recreation Board acting as an enhanced entity, payable from funds of the Parks and Recreation Department and District, either as resources on hand to the credit of the named fund or to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36- 10-3 sections 20 and 22, to be payable upon terms as the enhanced entity may direct, not later than July 1, 2016;
The Town of Chesterton, by its Park and Recreation Board, organized pursuant to IC 36-10-3, agrees and shall contribute the amount of Two Thousand Seven Hundred and Sixty Dollars ($2,760.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or
Funds of the Town as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The City of Crown Point by its Park Authority, organized pursuc:1nt to IC 36-10-5, agrees and shall contribute the amount of One Thousand Six Hundred and Ten Dollars ($1,610.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the City as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The Town of Griffith, by its Park and Recreation Board, organized pursuant to IC 36-10-3, agrees and shall contribute the amount of Two Thousand Three Hundred Dollars ($2,300.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the Town as it may identify, to be deposited in the Parks and Recreation Non reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The City of Hammond, by its Board of Park Commissioners organized under IC 36-10-4 et seq. and Safety agrees and shall contribute the amount of Four Thousand Six Hundred Dollars ($4,600.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the City as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The Town of Merrillville .by its Park Authority, organized pursuant to IC 36-10-5 agrees and shall contribute the amount of One Thousand Six Hundred and Ten Dollars ($1,610.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the Town as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
.(H) North Township, by its Township Board agrees and shall contribute the amount of Two Hundred Thirty Dollars ($230.00) the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the Township as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The City of Portage, by its Park and Recreation Board, organized pursuant to IC 36-10-3, agrees and shall contribute the amount of Five Thousand and Sixty Dollars ($5,060.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the City as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The Town of Schererville through its Department of Parks and Recreation organized pursuant to IC 36-10-3 et seq., agrees and shall contribute the amount of Nine Hundred and Twenty Dollars ($920.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the Town as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
The Lake County through its Parks and Recreation Department, organized pursuant to IC 36-10-3 et seq., agrees and shall contribute the amount of One Thousand Six Hundred and Ten Dollars ($1,610.00) to the Park and Recreation Board acting as an enhanced entity, payable from proper Fund or Funds of the Town as it may identify, to be deposited in the Parks and Recreation Non-reverting Capital Fund described in IC 36-10-3 sections 20 and 22, to be payable in a lump sum, not later than July 1, 2016;
That the Northwestern Indiana Regional Planning Commission (NIRPC), organized pursuant to IC 36-7-7.6 et seq., agrees and shall contribute grant administration and management services, coordinating support to all the participating entities and the Enhanced Entity as needed;
That the contributions described in subdivisions (B) through (L) of Section 5 of this agreement are tendered as n t amounts allowing for that portion of the contribution that under the terms of the federal highway program would be otherwise reimbursable to each participating entity individually;
Further, that the participating entities described in subdivisions
(B) through (L) of Section 5 of this agreement consent to pay the amounts herein identified and any that may lawfully be incurred in consequence of this project as a pro-rata share of the net amounts due, allowing for that portion of the contribution that under the terms of the federal highway program would be otherwise reimbursable to each participating entity individually but will be instead reimbursable to the enhanced entity;
(0) Still further, following the conclusion of the engineering project herein described and the receipt of the final settlement with the granting agency, in the event that costs are below the initial estimates used to determine the initial contributions of the participating entities producing refunded savings, the enhanced entity will rebate to the participating entities as a pro-rata share of the net amounts due of the refunded savings, after allowances;
(P) Still further, following the conclusion of the project herein described and the receipt of the final settlement with the granting agency, in the event that costs are above the initial estimates used to determine the initial contributions of the participating entities producing additional expenses, the participating entities will contribute to the enhanced entity as a pro-rata share of the net amounts due of the additional expenses, as identified;
Notwithstanding the provisions of this Section 5, the pledged revenues contributed by the participating governmental entities may be discontinued by participating entities in the event that funds on deposit to the
credit of the proper fund are sufficient to meet all obligations related to satisfactorily complete the purposes of this agreement and the project it supports;
Before payments may discontinued, the Enhanced Entity must certify that the resources collected under this agreement are sufficient to meet all obligations of the project;
This agreement may be amended by unanimous consent of the participating entities, evidenced by passage and adoption by the same body and officers that are empowered to initially adopt this agreement; provided, that no amendment may be made that would impair the ability of the Enhanced Entity to satisfy any debts, liabilities, or obligations lawfully undertaken for the purposes of the agreement;
If the proper applications for the exogneous funds necessary and desirable to achieve the objects and purposes described in this agreement have not been filed by December 31, 2016, any and all resources on deposit to the credit of the Parks and Recreation Non-reverting Capital Fund as described herein, shall be identified and distributed to the several participating entities based upon the ratio of the actual contributions made by each to the total on deposit to the credit of the proper fund upon satisfaction of all obligations and liabilities, which may have been incurred to date.
Further, in the event that the purposes of this agreement are achieved or abandoned, in whole or in part, after allowance for any encumbrances and all other lawful payables, the unobligated, unassigned, unreserved fund balance shall be identified and distributed to the several participating entities and to any non entity donors based upon the ratio of the actual contributions made by each to the total on deposit to the credit of the fund.
EFFECTIVE DATE. This agreement shall be effective under Paragraph 1 of this agreement after the same has been ratified by each of the participating entities by Ordinance or Resolution all pursuant to I.C. 36-1-7-2, and particularly IC 36-7-7.6-11(b)(4) and IC 36-7-7.6, Section 13(12)(A) and Section 13(13).
IN WITNESS WHEREOF, the parties have caused this lnterlocal Agreement to be executed in their names and on their behalf as of the date first written above.
NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION
State of Indiana
6100 Southport Road, Portage, Indiana 46368 Its Full Commission
By:
Diane Noll, Chairperson
l&ttell't:
George Topoll, Secretary
(Alternative) if Authorized pursuant to IC 36-7-7.6-11(b)(4)
By:
Tyson Warner, AICP, Executive Director
Participant Execution Date:_ _
_ _ _ _
_ _ _ _ _
lnterlocal Governmental Agreement page 1O
Participant Counterpart
Amendment and Participant Counterpart for Interlocal Cooperation Agreement for a Federal Aid Bicycle Trail Project Adopted Between and Among Several Political
Subdivisions and the Northwestern Indiana Regional Planning Commission
Section 1. Pursuant to Section 1 of the Interlocal Cooperation Agreement for a Federal Aid Bicycle Trail Project, this Amendment to the Interlocal Cooperation Agreement shall constitute a resolution ratifying all the activity under the agreement since December 31, 2016 and now authorizing renewal through December 31, 2020, now finding that the purposes of this agreement or Section 7 herein require it;
Section 2. That the design phase having been completed, now acknowledging that theconstr uct io n phase is ready for action by the participating entities, that the Northwestern Indiana Regional Planning Commission (NIRPC), organized pursuant to IC 36-7-7.6 et seq., agrees and shall contribute grant administration and management services, coordinating support to all the participating entities and the Enhanced Entity as needed;
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed in their names and on their behalf as of the date first written above.
NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION
State of Indiana
6100 Southport Road, Portage, Indiana 46368 Its Full Commission
By:
Diane Noll, Chairperson
Attest:
JlJ.Siti n Ke Secretary
E 1oPoL.L..
(Alternative) if Authorized pursuant to IC 36-7-7.6-ll(b)(4)
By:
Tyson Warner, AICP, Executive Director
Participant Execution Date:_
_ _ _ _
_ _ _ _ _
Interlocal Governmental Agreement page 11
February 6, 2019 NIRPC Lake Michigan Room
Minutes
Justin Kiel called the meeting to order at 10 a.m. with the Pledge of Allegiance and self introductions. Attending were Justin Kiel, NIRPC Commissioner and owner and publisher of the Regional News and Westville Indicator; George Topoll, NIRPC Commissioner and Union Township Trustee; Lauri Keagle, South Shore Clean Cities; Kathy Sipple, ValpoNEXT; Maggie Clifton, City of Valparaiso; Joe Alamillo, Hammond Hispanic Community Committee; Kelly Anoe, Legacy Foundation; Heath Carter, Valparaiso Human Resource Council; Kelly Wenger, South Shore Line; Nate Loucks, Statestreet; Renae Jackson, Everybody Counts; Judi Hawn; Everybody Counts; Lorrell Kilpatrick, Everybody Counts North.
NIRPC staff included Kathy Luther, Chief of Staff and Director of Environmental Programs; Dominique Edwards, Outreach Coordinator, Gabrielle Biciunas, Planner; and Mary Thorne, Administrative Assistant.
The INDOT meeting participation survey was available on the table in the lobby. Public Comment -
Lorrell Kilpatrick commented on the publicity for this meeting and would like to see more of the public in attendance. She felt the public comment should take place after the business of the meeting. Staff noted that it is generally better for the public to comment before any action takes place on an agenda item, however, this would be taken into advisement.
Renae Jackson also felt the public comment should take place after the business of the meeting. Outreach to the people with disabilities and the underserved is lacking. Ms. Jackson wants to see more outreach and public feedback. Several community HRC’s never received notice of this meeting, nor did the local NAACP. Outreach and advance notification of meetings is very important, especially if people need to make transportation arrangements. Justin Kiel responded that signing up to receive the newsletter is encouraged. Up-to-date information is on the NIRPC website. There are always many opportunities for feedback, not just at this meeting but throughout the processes.
Jody Hawn said one of the major problems with the outreach plan is low attendance, difficulty in reaching people and lack of resources. Everybody Counts is a huge resource and NIRPC is encouraged to reach out to them. Your meetings are in a place where people with disabilities and the elderly have great difficulty getting to because they rely on public transportation. People are not hard to reach, you need to know how to reach out to them. One of your goals is to reach protected communities; who is that? Justin Kiel replied that they are federally designated protected classes. Dominique Edwards replied that that language is taken from federal NEPA and federal transportation laws on underserved communities and protected
classes. NIRPC is trying to increase its visibility through various methods of outreach. The Public Participation Plan is currently our Standard Operating Procedure for all of our planning processes. Today’s discussion will revolve around those gaps in communications that you are talking about.
Kathy Luther commented that the issue of public comments at the end of a meeting meant that we had taken all the action during the meeting and comments after that action would not change the action. The NIRPC Commission intentionally moved the public comment to the beginning so that comments taken might have an opportunity to influence the discussion of an agenda item. As we go through this process, this committee could advise the Commission to consider changing that.
Justin Kiel said we will be approving the business plan today and will be continuing to review the Public Participation Plan for a longer period of time.
Speaking to Jodi Hawn’s comment that limiting comments to three minutes per person when there were only three commenters was disheartening, Justin Kiel said that the three-minute rule has not always been followed, but it is a guideline to be respectful of everyone’s time. Comments can be submitted to staff at any time.
Outreach Committee Overview of the Business Plan
Dominique Edwards said she has received some emailed comments. Laurie Keagle noted two typos: one on page 5 … “minimum for a PPP “and” contained aspirational goals…” and on page 6 … “must update the PPP. The submitted action plan “was” requested and it comprised....”. In response to a question posted by Ms. Keagle, Kathy Luther said management is moving toward holding fewer topical committee meetings, but no decision was final. With regard to discrepancies in the tables on page 9, she suggests adding an explanation at the end of the plan. Another comment was that perhaps an overview should be provided. Kathy Luther provided a brief history of the task force convened a couple of years ago that suggested we have an Outreach Committee and due to a change in representation and some staff, this is the first opportunity we have had to convene this committee. NIRPC will provide an opportunity for the 2019 Commissioners to provide a choice of committees on which they would like to serve and we may get more added to this committee. We are federally required to have a Public Participation Plan and we will examine our current plan for the purpose of improving it as to feasibility. There are three major documents which are required by federal law: the Long Range Plan (2050), a Transportation Improvement Program (TIP) and a work plan (UPWP). Justin Kiel added that our first priority is to satisfy federal requirements regarding public participation. But we can do other things. Our enabling legislation requires us to do regional planning for transportation, environment and economic development. 80-90% of our funding comes from Federal Highway Administration and Federal Transit Authority. We allocate funding for highway and transit projects that are applied for by local government and transit operators. Justin Kiel said the last TIP was $1.75 billion for four years. Some are state transportation projects. A funding section will be added to the business plan. Financial data by county and
also links to resources on NIRPC’s website will also be provided to the Committee. A list of NIRPC’s outreach activities will also be provided as well as more detailed matrices of outreach engagement efforts. Staff will do a brief presentation on the R-TIP at a future meeting.
NIRPC’s outreach efforts include social media, newsletters, contact lists, the website, email blasts, a digital project plan, comment email, phone comment line, press releases, livestream capability, and public radio shows.
On a motion by Laurie Keagle and a second by Heath Carter, the Committee voted to approve the business plan with the amendments suggested.
In 2017, Federal Highway Administration and Federal Transit Authority performed its quadrennial review of NIRPC’s planning process. NIRPC was found to have a corrective action for public participation. NIRPC submitted a plan of action to improve its public participation plan with nine internally identified areas to improve with 15 actions. These are outlined in the business plan. FHWA and FTA replied to NIRPC in late December. We have a draft copy of their report.
The current Public Participation Plan was adopted in 2014 and is designed to be our standard operating procedures for all of NIRPC’s planning processes. We will review and update the plan. The feds advised NIRPC to scale back on some of its loftier aspirations and be in compliance with federal regulations. It was suggested to develop a target audience persona and identify the organizations working with those target audiences, (Meals on Wheels for the elderly for example). Also measuring the final outcomes on Google Analytics using Google Goals. Justin Kiel commented that getting participation at government meetings is a challenge not unique to NIRPC. A metric of what is an ideal rate of participation is necessary. Kathy Luther said other MPO’s generally do minimum of a public meeting and a public comment period. She suggested that groups with their own email lists share our information to their group lists. The public participation plan also has an evaluation form that we use to track our demographics. It was suggested that people don’t know anything about NIRPC and how any of NIRPC’s business has anything to do with their lives. The key is finding ways to communicate to people why this matters to them. Their feedback would be how something will impact them. NIRPC needs a creative “hook” to get them interested. There are 88 guidelines as to how government entities post on social media and how they send emails. People don’t care because they don’t know that they should care. This committee needs to get the message right, make it accessible and responded to by every audience. Staff has also utilized on the ground strategies over the last several months. Lack of access to technology is also a barrier and face-to-face contact with the public also helps build trust. In the early stages of developing our 2050 plan, we received some valuable public feedback which helped define our critical paths which, in turn, helped drive the rest of our process. A suggestion was made to leverage local government’s public engagement to further NIRPC’s presence, but there are some logistical challenges to that, in addition to the need to meet our federal requirements.
The Committee was asked to review the actions which are in the business plan to help in updating the Plan to meet federal requirements. The timeline ends with the adoption of the update to the Public Participation Plan by the NIRPC Commission in August.
Justin Kiel invited further public comment based on the proceedings today. Lorrell Kilpatrick suggested inviting representation on the committee by members of the targeted audience. Nothing discussed today is any different than what was discussed during the last Plan creation. She declined to answer a question by a committee member as to what she would like to see occur, but felt there needed to be honest engagement and dialogue with people who have ideas. There is a difference between an inclusive process and an inclusive intent and actual numbers in engagement would be helpful.
Renae Jackson said there should be some sort of documentation available of the processes since the last Plan update to see what was done, what worked and what didn't. Many people still don’t have access to technology and they are still not being reached.
Kathy Luther said NIRPC just completed its Household Travel Survey, sending out thousands of paper mailings and got a large amount returned “not at this address”. We have a problem of not only doing a paper mailing but people are still going to be hard to reach. An evening meeting is a problem because some public transportation providers only operate during the day. A request was made to share a list of Committee members and those who were invited.
The next meeting will be March 13 at 10 a.m. at NIRPC. Hearing no further business, Justin Kiel adjourned the meeting at 11:20 a.m.