HomeMy WebLinkAboutJPBMinutes_2010_11_29BROOKINGS CITY/COUNTY
JOINT POWERS BOARD MEETING
Monday, November 29, 2010
The Joint Powers Board met on Monday, November 29, 2010 with the following members
present: Dennis Falken, Alan Gregg and John Kubal. Also in attendance were Tim Reed, Jeff
Weldon, Stephanie Ellwein, Steve Britzman and Mark Kratochvil.
REGULAR BUSINESS
Acting Chairperson Falken called the meeting to order and a quorum was established.
Mayor Tim Reed told the board that it was his intent to appoint himself as a member to the
Joint Powers Board, but was unsure if the appointment required council action. Until that could be
determined, Reed would not be a voting member.
Motion by Gregg, seconded by Kubal to approve the minutes from the November 24, 2010
Joint Powers Board Meeting. All members voted “aye”. Motion carried.
The board discussed the construction budget. Falken said there has been discussion on
where the county is at and where the city is at. He said that the county initially budgeted $5.5
million, but that it was obvious from the beginning that with the purchase of the land, that amount
would not be enough. Falken said at budget time the commission decided it was going to be
between $6.5 and $7.0 million and set aside additional funds.
Reed said that Tuesday’s council meeting was the first time the council publicly discussed
the extra million it was going to take to finish this project. He said that the majority on the
council thought they were at a $6.0 million max for the project, and he noted that this council is
pretty conservative when it comes to money matters. Reed also said that the county is in a totally
different position than the city, as the county needs the new building, the city does not. He said
that if they had the ability to do some of the alternates, he believes that the other council
members would be a little more comfortable. Then if the bids come in and are affordable, then
they could be put in.
Falken said that the specific cuts and alternates that City Manager Jeff Weldon presented to
the council haven’t been before the full county commission, only the Joint Powers Board. He
added that when the estimate came in from the architect, he considered in a worst-case scenario.
Falken said that he doesn’t want to be making cuts and alternates before the bids even go out.
Weldon said that the construction manager could suggest alternates once the bids come in.
Kubal asked what they were saying when they say alternates. He asked if it meant cutting a
portion of the building out, or totally eliminating pieces of the project. He said that no one knows
what the implications may be if they do that. Reed gave examples like using asphalt in parking lots
versus concrete, the quality of finishing substitutions, site contingency and eliminating an elevator.
Reed also said that within the city side, they may need to think of some alternates.
Falken said the problem with that is with the building being split 52% county and 48% city,
the county is going to save more money than the city will. He said that they don’t break out the
expenses when paying bills if it’s more of a city cost or more of a county cost.
Reed said that he was under the assumption that in the common space area there would be
the 52/48 split, but individually within their own spaces the price would be separate. Weldon said
that there will only be one bid for both the city and the county sides.
Falken said that the city’s action is really earmarking money for a worst-case scenario and
that the expenses won’t be approved until the bids are in. He said if the bids come in and we’re
over budget, then we go back to our construction manager and tell him that he has to find cuts.
Falken said that the county doesn’t want to spend as much as has been set aside, but they’re
planning on the worst-case scenario.
Reed said that he has always seen alternates before the project is bid, alternates that could
be added in, instead of bidding it and then cutting if bids come in too high.
Kubal said that by a 4-3 vote, a $5.9 million budget is not acceptable to the city council. He
said to bring the $5.9 to $5.5 would take real reductions in which the county would have to get on
board with. Reed said that he believes the bids are going to come in under budget. Kubal then
asked why they weren’t comfortable with the $5.9 if they believe the bids will come in under
budget.
Falken said that the city isn’t making a commitment until the bids come in, and once you
start cutting back, you’re cutting back on the county side too. Reed said that as long as the bids
come in under, then things should just fly through, but it’s if the bids come in over then they need
to know what they’re going to do.
Falken said that they need to build this so it lasts. He said it’s a value to the citizens to
spend the money now so we don’t have to come back in later and fix things and change things
because we cut corners. Falken also noted that the city came to the county to build this joint
facility and now it’s the city holding up the project. He said they have a meeting with the
architect next week to discuss the interior design and members from the commission will probably
be at that meeting and regularly come to the Joint Powers Board meetings. Falken said that
council members are not regularly at these meetings to get their questions answered. Weldon said
that a standard council agenda item is a report from the Joint Powers Board members at every
meeting and there have been no questions asked. Kubal said that for the first time the dollar
figure was discussed publicly, but he has a hard time believing that the council members didn’t
know the amount prior to their last meeting. He said they’ve been throwing the term ‘budget’
around loosely. He said that it’s a moving target and can only be set in concrete to a degree.
Kubal said that if they’re confident that the bids are going to come in low, he doesn’t understand
why the council is choking on the $5.9 million.
Falken said that he’s not happy with what this building estimate has come in at, but it’s just
a figure until the bids come in. He said if the bids come in high, then they have to go to the
construction manager and make some decisions. Falken said that the Joint Powers Board feels that
this estimate is a figure that is high.
City Attorney Steve Britzman reminded the board that the Joint Powers Agreement states
that the estimated cost of the building is not to exceed $12 million.
Reed said that the city has the money; it’s just a conservative council. He said the $5.5 is a
number that is palatable with the majority on the council. He said that if you add the basement
in, which the majority of the council does not want to eliminate, that brings the amount up to
$5.7. Reed said that he believes the council has a fear that there will be no negotiating room once
the bids come in. Weldon said that they can look at the project more strategically when the bids
come in and see where they may have to rebid to save on costs. Falken said that he feels they’re
setting budgets and scaling back before the project even starts. Kubal noted that it was known
very early on that a construction manager method was going to be used and disagrees that anyone
on the council was unaware of that.
Commission Assistant Stephanie Ellwein noted that the city council was discussing the
county’s floor plan. She said that if they’re going to do that, then they need to have input as to
how the county is going to use those rooms. Reed said that the city needs to get comfortable with
where the money for the purchase of the land is coming from and they need to be talked through
the building layout. Weldon said that he’s fully prepared to address the city’s space needs. Reed
said that in his opinion, the council has a feeling that this project is going to keep going over the
$5.9 million and that once it goes over, there’s no way to bring it back.
Falken asked why the city council continues to vote against a project when the land has
been purchased and we’re moving forward. He said that if the city sends the message that they
will never put more than the $5.9 in, then they know where they’re coming from.
Reed said that with the basement, have the $5.7 as the goal with possible reductions in
electrical, mechanical, asphalt, finishing, eliminating an elevator and one conference room on the
third floor. But Ellwein argued that those cuts impact the quality of the entire building and need
county approval as well. She said it will require full board discussions because those reductions
affect the entire project and the Joint Powers Board made the decision that the reductions to get
to the $5.9 are the maximum.
Britzman said that both sides are dealing with a set of numbers that are higher than what
everyone expected. He said that it would be a good exercise to go over the reductions with both
boards, which could be done now or if the bids come in high.
Reed said they’re looking at cost management from two different ways-wanting to reduce
now and add in if the costs come in under budget, or cut if they come in too high.
Gregg asked if the city borrowed $6.0 million why not earmark $6.0 million. Reed said that
the $1.0 million spent on the land is the issue. He said he thinks the city’s goal is to be at $5.7,
but they may have to earmark $5.9 and see what happens when the bids come in.
Falken said that the Joint Powers Board has a meeting with the architects on December 7th
and he would like council members to be there if they have concerns. He said that no one is
committing funds until the bids come in, but there’s no sense moving forward if the council isn’t
going to accept the bids when they do come in.
Reed said that he would be willing to go with the post-bid methodology if the commission is
willing to work with the council on cuts if the bids come in high. Falken said that he doesn’t think
it’s the boards’ place to decide what to cut. If the bids come in high, then they’ll go with the
construction manager’s and the architect’s recommendations. Reed said that they need to trust
the construction manager and architect, but they must also verify those recommendations. Falken
said that the construction manager and architect know that there’s contention with this project
and will look through everything thoroughly. Reed said that everyone will need to come to the
table in good faith to get down to a level that everyone is comfortable with once the bids come in.
Falken said that he believes the only way the council will be comfortable is if Reed stays on
the Joint Powers Board. Reed said that his plan is to be on the board until the project is complete.
Kubal turned the conversation to the chairmanship roll and said that the chairmanship
should be with the city until the end of 2010, then turned over to the county. He said that he
would be willing to be the chair until the first of the year. Falken said that it is only fair to turn it
back to the city. By consensus, the board named Kubal as chairman through the end of 2010.
Reed also said that he would like to start discussions in the next six months on the operation
of the building post-construction. Weldon asked if he wanted to see an operations budget. Reed
said that he would because the 2012 budgeting process starts in June of 2011.
Weldon said that he has concerns with putting the number out there of $5.7. He said that if
you state that amount, it becomes gospel and there becomes an unalterable perception that that is
the city’s upper limit. Weldon said that the staff recommendation is $5.9 and he’s seen nothing
that will alter that. He would be more comfortable if they set the amount at $5.9 and then work
to find ways to bring that cost down. Weldon said that they are looking for savings at every point
of this process.
Falken said that the county committed 100% of its estimate and wondered why the city
couldn’t do the same so both entities are at the same starting spot.
Reed said that if the $5.9 million amount goes to the council and gets shot down, then
there’s no project.
Falken said that if the city sets a number, then they’re held to that amount. Reed said the
council is used to setting a budget. Kubal asked if they could go to the council with a range.
Falken said that he thinks they need to take the $5.9 million to the council with the hope that it
can be reduced from there. He said that there’s no guarantee that it’s going to come down, but
there are items that could be negotiated. Falken said that he doesn’t want this to be a fight
between the city and county and that both boards need to rely on the Joint Powers Board to move
the project forward. Kubal asked Reed if he was willing to look at all that has transpired and get
comfortable with the $5.9. Reed said that he has the feeling that there have been no cuts that are
acceptable to this point. Weldon said that, if directed, he could have them design an option with a
second elevator as an alternate, but that could be getting into more structural issues that go along
with that as well.
Reed said that since the council doesn’t meet again until December 14th and in order to keep
the project moving forward, he could visit with some council members. Falken said that he feels
they need to go to the council with the $5.9 as the max, and they have Reed and Kubal sitting on
the Joint Powers Board working to reduce that. He said that the council needs to trust them as
liaisons on this board.
Reed said that he wants to work on being able to put some of the bond money toward the
purchase of the land. And when the bids come in, he wants them to just roll through. Kubal said
that he’d like to see the council move forward as a team. He said that may not mean that
everyone necessarily agrees, but get on board and move forward.
Reed said that he will agree with the post-bid methodology of this project, but wants the
county to remain open to possible cost reductions. Falken said that he thinks the county would be
willing to try to save costs.
The next Joint Powers Board Meeting is a meeting with the architects to discuss the interior
design of the building on Tuesday, December 7th at 1:30 p.m. The board changed their regular
meeting time to Thursday mornings at 8:00 a.m. The next regular meeting will be Thursday,
December 9th at 8:00 a.m.
ADJOURNMENT
Motion by Falken, seconded by Gregg to adjourn. All members voted “aye.” Motion carried.
It is the policy of Brookings County, South Dakota, not to discriminate against the
Handicapped in Employment or the Provision of Service. The County of Brookings is responsive to
requests for communication aids and the need to provide appropriate access, and will provide
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____________________________________
Stacy Steffensen
Deputy Finance Officer
Brookings County Finance Office
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