Elkhart County commissioners approve paving contract, accept courthouse substantial completion and clear multiple county actions

Elkhart County commissioners on Sept. 15 approved a series of routine and project-specific items, including awarding a 2025 paving contract, accepting a certificate of substantial completion for the new county courts facility, approving a federal preliminary engineering agreement for a bridge, and granting a noise-ordinance variance for a fireworks display at a local speedway.

The actions matter because they finalize contracts and budgets that affect county roads, an ongoing courthouse construction project and local public-safety and economic-development operations.

In the meeting’s highway business section, Kyle Wagner of the Elkhart County Highway Department recommended awarding the 2025-2 paving contract to Niblock Excavating for $2,397,221. "Our recommendation is giving Niblock Excavating the award at $2,397,221," Wagner said. Commissioners voted to approve the award and the related performance and payment bond.

The board also approved a long list of nonregulatory signage changes and additions at multiple county-road intersections, including revised stop-ahead placements, dual stop signs, "cross traffic does not stop" placards, upgraded retroreflective strips beneath stop signs, school warning signs near Deer Trail School on County Road 13, and advanced warning signage for the Peanut roundabout. The highway department presented engineering findings that in many locations recommended additional signage rather than changes to speed limits.

The commissioners accepted the final inspection and recommendation of acceptance for the County Road 17 multiuse path and the bridge over U.S. 33, a project reviewed by county engineering staff and constructed by Lochmiller. For Bridge 126 on County Road 6 over Christiana Creek, the board approved a Local Public Agency preliminary-engineering agreement with an 80/20 federal funding split totaling $772,698.40.

The board granted a noise-ordinance variance for fireworks at RTR Speedway’s Oct. 11 event, described as a roughly 20-minute show to begin about 9 p.m. Jeff Taylor, county administrator, said the variance request was for fireworks only and that neighbors had been notified. Commissioners voted to approve the variance.

County Attorney Steve Olsen presented a certificate of substantial completion for the new Elkhart County courts facility with a substantial-completion date of July 30, 2025. Olsen said the project remains subject to a punch list and several withholdings to protect subcontractors and the county. He identified the punch-list value at $356,000 and said the county is withholding 200% of that amount ($712,000) pending final completion. Two additional withholdings to protect subcontractors total $313,478.37 and $1,217,129.79. Olsen also noted previously agreed actual damages of $246,511.27 for a delay from Jan. 17, 2025, to May 25, 2025, and liquidated damages of $132,000 for the period from May 25, 2025 (the earlier target) to the actual substantial-completion date. The county and contractor set an estimated final-completion date of Nov. 30, 2025, and Olsen said an additional $280,000 was being withheld to cover estimated liquidated damages pending final completion. "This project has been a long time coming for the county," Olsen said.

The board approved a right-of-entry agreement with the New Paris Fire Department to allow a controlled burn for training, with the county retaining responsibility for post-burn cleanup while the fire department assumed liability during the burn.

On development and finance matters, Redevelopment Coordinator Natasha Weisbeck requested and received approval for a $30,000 additional appropriation from the County Road 6/17 improvement TIF fund to acquire right of way for an access road; Weisbeck said the appropriation will secure land needed to finalize the road route ahead of construction next year. The board also approved an additional appropriation of $5,712 from a Love’s allocation fund to cover administration fees.

Elkhart County Community Corrections staff, represented by Helen Calvin, received approval to apply for a $5,000 grant from the Elkhart County Drug Free Partnership to cover program materials and transportation supports for participants. "We are going to apply for $5,000," Calvin said.

During public comment, Middlebury resident Pam Kaiser asked county staff to fix problems with the recorded video of meetings. "The video is really atrocious," Kaiser said.

Votes at a glance: commissioners approved the minutes from Sept. 8; allowed claims; awarded the 2025-2 paving contract to Niblock Excavating ($2,397,221) and approved associated bonds and agreements; approved the list of nonregulatory signage changes recommended by county engineers; accepted the County Road 17 multiuse path and US 33 bridge final inspection; approved the LPA preliminary-engineering agreement for Bridge 126 (federal 80/20, $772,698.40); granted a fireworks noise-variance to RTR Speedway for Oct. 11; accepted the certificate of substantial completion for the Elkhart County courts facility and authorized withholdings described above; approved a right-of-entry agreement for a controlled burn with New Paris Fire Department; appropriated $30,000 from the County Road 6/17 TIF fund for right-of-way; appropriated $5,712 from a Love’s allocation fund for administration fees; and authorized an application for a $5,000 Drug Free Partnership grant for Community Corrections. Motions on the record were passed with affirmative votes and recorded as "Aye." Specific named votes or roll-call tallies were not provided in the transcript.

The board conducted routine follow-up business and adjourned after public comments. Additional details on signage locations, contractor withholdings and estimated final-completion dates were recorded in the meeting materials and minutes.