**APPROVED MINUTES**

 

 

Mason, Michigan

April 5, 2007

 

 

The Board of Ingham County Road Commissioners held a regular meeting on Thursday, April 5, 2007, beginning at 4:00 P.M. in the Board Room of the Ingham County Road Commission’s Austin E. Cavanaugh Administration Building located at 301 N. Bush Street, Mason, Michigan.

 

Present:  Larry R. Smith, Chair, Joseph A. Guenther, Vice Chair, and Shirley M. Rodgers, Member.

 

Also Present:  John W. Midgley, Managing Director, Deborah L. Bellows, Secretary to the Board, Kathryn M. Haves, Director of Administrative Services, Joseph D. Pulver, Director of Operations, and Robert H. Peterson, Director of Engineering.

 

Others Present:  Duane Yerks, Fleet Manager and SEIU President, Dale Arnett, Eastern District Supervisor, Daniel J. Troia, Design Engineer, Dan Chapman, Engineering Department employee and OPEIU Representative, Pete Minott, Metro District employee, Jon Fellows, Metro District employee, Rob Alling, Shop employee, and Will Comstock, Eastern District employee.

 

Chair Larry Smith called the meeting to order and led with the Pledge of Allegiance.

 

AGENDA ITEM #4 – ATTORNEY INTERVIEWS.

 

The Board conducted second interviews with the following attorneys:

 

1)         4:00 P.M. – George Brookover.  Brookover Carr & Schaberg PC.

2)         5:00 P.M. – Peter A. Cohl.  Cohl Stoker Toskey & McGlinchey PC.

 

AGENDA ITEM #5 – CONSENT AGENDA.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the following items be approved under consent:

 

A.         Agenda Item #6, minutes of the meeting of March 22, 2007.

B.         Agenda Item #7 and #7A, routine and special permits.

C.         Agenda Item #9A, accounts payable.

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #6 – Minutes.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the minutes of the meeting of March 22, 2007, be approved as presented.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #7 and #7A – Routine and Special Permits.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the following routine permits be approved:

 

07-0122 07-0128            07-0132            07-0139            07-0140            07-0141

07-0142 07-0143            07-0147            07-0148            07-0149            07-0150

07-0126 07-0127            07-0129            07-0130            07-0131            07-0134

07-0135 07-0136            07-0137            07-0138            07-0144            07-0145

07-0146 07-0151            07-0152            07-0153

 

3 yes, 0 no.  Motion carried unanimously.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that permit #07-0133 be approved for the 2007 Angel House 5k run/walk event to be held on June 16, 2007.  The event is sponsored by Capital Area Child & Family Services and is sanctioned by the City of Mason.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #9A – Accounts Payable.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the accounts payable for the two week period from March 19-April 1, 2007, as follows:  check numbers #88099 through $88184, totaling $226,074.73.  3 yes, 0 no.  Motion carried unanimously.

 

AGENDA ITEM #8 – MANAGING DIRECTOR REPORTS.

 

A.         The weight restrictions were officially lifted from the county road system on April 3rd.

B.         Deer Crossing Signs.  The request from Meridian Township remains pending regarding having Deer Crossing signs placed in their township.  Vice Chair Guenther asked where this concept comes from.  Mr. Midgley stated there are no Deer Crossing signs on the Ingham County road system, however, MDOT does have some of these signs on its system.  Vice Chair Guenther asked what MDOT’s criteria is for installing the signs.  Mr. Midgley stated he did not know, but could find out.  Chair Smith stated he has seen them in the Ionia area.  Vice Chair Guenther wondered if the Road Commission really wants to have a policy on the books that it will install Deer Crossing signs at the request and expense of its townships.

 

Commissioner Rodgers stated she had hoped for additional information regarding the Deer Crossing sign issue.  What are the benefits to the Road Commission to have them installed at various locations?  A sign will just make you think there are deer there, but that isn’t necessarily so.  She indicated the Board doesn’t have any better information in front of them now, than they did a few weeks ago.  Commissioner Rodgers said she would not consider this without first receiving more information.

 

Vice Chair Guenther asked if any other townships have requested the signs other than Meridian Township.  Commissioner Rodgers stated she doesn’t necessarily disagree with the signs, but she is not in favor of acting on a request from Meridian Township without first getting feed back from the other townships. 

 

Chair Smith asked who would decide where the signs would be installed?  He said he is not in favor of flooding the county with Deer Crossing signs.  Mr. Midgley stated we have a map which shows all of the locations of deer/car accidents in the county.  You basically can’t go a mile in any direction without finding at least one accident.  It would be very difficult to determine where the signs should be placed.  Vice Chair Guenther asked to find out the criteria MDOT uses to install the signs.

 

C.         There was a press conference at the Capitol on April 3rd regarding the proposed gas tax increase.  Some road commissions were represented, as well as CRAM.  The Managing Director, Director of Operations and the Director of Engineering attended the press conference.

 

D.         An informational meeting to discuss the proposed Marsh Road project with residents and business owners has been scheduled for April 11th at 8:00 A.M. at Fernando’s Café, which is located at 1587 Haslett Road, Haslett.

 

E.            Engineering Traffic Services Consultant.  Proposals have been received for traffic engineering services.  Does the Board wish to review the proposals received, or have a recommendation of who should be selected?  Chair Smith said the Board would like to see the proposals received.

 

F.         Radio Tower.  The Road Commission’s account manager at State Electronics has informed the Sign & Signal Manager that the existing tower, which belongs to the county, is currently for sale.  The company that wants to buy it had the tower inspected.  The tower was found to be severely overloaded.  When adjustments are made to repair the overloading problem, the two existing antennas that the county thought we could use will be the first things to be removed.  State Electronics has also determined that the Road Commission is not considered public safety and it is unlikely our antenna would be allowed on the tower.  This will be communicated to the county officially.  Commissioner Rodgers stated she would like to receive a copy of that communication before taking any action on how to proceed with the construction of a new tower.

 

AGENDA ITEM #10A – PROPOSAL #1499.

 

Director of Operations Joe Pulver reviewed the recommendation for award of Proposal #1499 for slag material and crushed natural aggregate.  He stated the low bid from Gerken Materials for slag should be rejected because it does not meet the Road Commission’s specifications.  It is recommended that the proposal be awarded to the second low bidder, Burroughs Materials of Saginaw.  Mr. Pulver recommended award of the crushed natural aggregate material to the low bidder Gerken Materials of Napoleon, Ohio.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1499 FOR SLAG MATERIAL AND CRUSHED NATURAL AGGREGATE.

 

RESOLUTION #054-07

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Operations, the Board authorizes award of Proposal #1499 as follows:  reject the low bid from Gerken Materials for slag material because it does not meet Road Commission specifications for blast furnace slag, and award to the second low bidder, Burroughs Materials for its bid prices on the slag material; and award the crushed natural aggregate material to the low bidder, Gerken Materials.

 

AGENDA ITEM #10B – AWARD OF PROPOSAL #1501.

 

Director of Operations Joe Pulver reviewed his recommendation for award of Proposal #1501 for bituminous surfacing mixture.  Only one bid was received for this proposal.  Michigan Paving Materials of Lansing stated they send a bid in via first class mail, but it was never received at the Road Commission.  Mr. Pulver recommended award to the only bidder, Aggregate Industries.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1501 FOR BITUMINOUS SURFACING MIXTURE.

 

RESOLUTION #055-07

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers.  3 yes, 0 no. Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Operations, the Board authorizes award of Proposal #1501 for bituminous surfacing mixture to the sole bidder, Aggregate Industries, for $38.75 per ton for 13A bituminous surfacing mixture.

 

AGENDA ITEM #10C – PROPOSAL #1506.

 

Director of Operations Joe Pulver reviewed his recommendation for award of Proposal #1506 for bituminous spray patching.  This work is for applying a more permanent patch to pothole filled roadways.  The contractor provides all labor, equipment, material and traffic control.  The Road Commission provides full time inspection.  Award is recommended to be made to the low bidder, Quality Asphalt Company of Mason, for Option 1, a total amount, as opposed to Option 2, which is a per hour basis.

 

RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR PROPOSAL #1506 FOR BITUMINOUS SPRAY PATCHING.

 

RESOLUTION #056-07

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Operations, the Board authorizes award of a contract for Proposal #1506 for bituminous spray patching to the low bidder, Quality Asphalt Company of Mason, in the amount of $150,000.00.

 

Discussion on the Motion:  Vice Chair Guenther asked if prevailing wages are paid on this type of contract?  Mr. Pulver said yes, and the Road Commission monitors it.  Commissioner Rodgers commented that if the prices are better on a per gallon basis, why do we even ask for a per hour price?  She said this just doesn’t make sense that if we prefer it one way, why even bother to bid the other way.  Mr. Pulver said the State recommends getting bid prices both ways to see which is more economical.

 

AGENDA ITEM #10D – AWARD OF PROPOSAL #1508.

 

Director of Operations Joe Pulver reviewed his recommendation for award of Proposal #1508 for the overband crackfill treatment program.  This work is to apply a preventative maintenance seal over cracks within the roadway.  Mr. Pulver recommended rejection of the low bid from Causie Contracting because of an error in their bid calculation.  A written communication from Causie has been received requesting that their bid be withdrawn.  Award is recommended to the second low bidder, Interstate Sealant and Concrete of Lansing.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1508 FOR THE OVERBAND CRACKFILL TREATMENT PROGRAM.

 

RESOLUTION #056-07

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Operations, the Board authorizes award of a contract for Proposal #1508 for the overband crackfill treatment program to the second low bidder, Interstate Sealant and Concrete of Lansing, for their bid price of $1,675.00 per mile, or a total contract amount of $92,125.00.

 

AGENDA ITEM #10E – SUPERVISOR VACANCY/METRO DISTRICT.

 

Managing Director Midgley stated that with the retirement of Metro District Supervisor Larry Wilberding in May, he would recommend that the position be filled from within if possible.  Chair Smith asked what the provisions of the SEIU labor contract are for filling vacant positions.  Director of Administrative Services Kathy Haves stated there are no provisions for filling vacant positions in the current collective bargaining agreement with SEIU.  Chair Smith asked if the position has to be offered to members first?  Ms. Haves stated there are no provisions in the current labor contract.  Commissioner Rodgers stated she is not comfortable with either polling, or posting, the position if the process is not spelled out in the labor contract.

 

Chair Smith asked if someone is promoted from within, will the then vacant assistant position be filled?  Director of Operations Joe Pulver stated his recommendation is to leave an assistant position vacant, if one of the assistants is promoted to the supervisor position.  Mr. Midgley stated if a promotion is made from within the unit, there will then be an assistant vacancy; however, if applications are sought from the outside for the supervisor position, then there will be no additional vacancies. 

 

Commissioner Rodgers stated if it is the intent of management to downsize, then absent any specific contract language, it would be a management right to promote from within, which would ultimately leave a vacant position.  However, if that is the plan, Commissioner Rodgers stated she wants to see it in writing and have the opportunity to discuss all of the pros and cons.  Mr. Pulver stated he would bring back a more definitive recommendation.  Mr. Midgley stated the ultimate goal is to have three supervisors and two assistants. 

 

Commissioner Rodgers asked how staff would accomplish the downsizing.  Ms. Haves stated we could end up leaving the supervisor position vacant and have three assistants, or we could promote from within and have just two assistant supervisor positions filled.  She stated management has assignment rights, but those are temporary.  Commissioner Rodgers stated she would not be in favor of any promotion without first qualifying in order to allow equal access and equal opportunity.

 

Staff will bring a more specific recommendation to the next meeting.

 

AGENDA ITEM #11A – FINAL SITE PLAN FOR CAMERON OAKS PUD.

 

Director of Engineering Bob Peterson reviewed the final site plan for Cameron Oaks Planned Unit Development located in Section 16 of Meridian Township.  Chair Smith stated the Board wasn’t in favor of this when it came before it previously because of the floodplain issues, why is it back now?  Mr. Peterson stated the Board approved the development with the condition that the design be such that the wetlands did not compromise the roadway.  He stated the road design and construction conforms to Road Commission standards.  There are some large areas outside the roadway that are not buildable because of the wetland issues, but the road is solid.  Chair Smith asked if the Board is required to approve this site plan, or if they could reject it?  Mr. Peterson stated it would have to be referred to legal counsel since all of the Road Commission’s requirements have been met. 

 

Commissioner Rodgers stated that in the packet of information given on this item, there was a copy of the minutes from April of 2003 when this was being considered.  She said she agreed with the comments made by Commissioner McDonald regarding the floodplain and the problems building on, or near, it will cause.  Commissioner Rodgers stated that was only temporary approval so the developer could deal with the wetland issues.  What is the point of preliminary approval, if it just goes on to final approval without anything in between?  Mr. Peterson stated the process is determined by state law.  Commissioner Rodgers stated then, by giving preliminary approval doesn’t lock her into a final decision?  Mr. Peterson said no, not if the road does not conform to our conditions. 

 

Commissioner Rodgers stated the Road Commission has an obligation to look at and inspect these developments.  By taking over a new road, we have inspected its construction?  What if things change?  If we do all the advising, suggesting and inspecting, aren’t we giving the impression that we approve?  Mr. Peterson stated the next step after the preliminary plat approval is the preparation of the construction plans.  Once construction starts, Road Commission representatives inspect to make sure roads are being constructed to our standards.  We go out four times during construction to make sure all phases of construction are done properly.  Commissioner Rodgers asked why?  Mr. Peterson stated for quality assurance. 

 

Commissioner Rodgers stated then that with the involvement we had with this development, it would lead them to believe that we would take over the road.  If we don’t, we could get sued, correct?  She said she feels this process takes away her decision whether to take over a road or not.  Commissioner Rodgers said she doesn’t necessarily think the Board should take them all, it can’t afford the maintenance on what it has, let alone additional mileage.

 

Mr. Peterson said the Road Commission’s mission is to make the existing road system safe.  He said if a developer wants to construct a road that meets all of the governmental requirements, how can we say no?  Vice Chair Guenther said we have to duty to tell developers what our standards are on road development if they wish to build roads that are to be taken over and included in the county road system.  There are other standards to be followed if the road is private.  He said when the Board gives preliminary approval, can that be done in some fashion that doesn’t commit us for final approval?  How can we protect ourselves if we aren’t so sure we want to take over a roadway, even if it is built to our standards?  In this instance, the road is basically built on a sponge. 

 

Chair Smith asked what Board members can do in the future if they don’t want to take over a particular roadway?  Mr. Peterson stated it would have to be denied at the preliminary plat stage.  Managing Director Midgley stated that would be the best way to do it because when it comes to the Board for final approval, everything is pretty much done.

 

Commissioner Rodgers stated that the DEQ has provisions for wetland mitigation.  Do we know what happened in this instance?  Mr. Peterson stated we are not privy to that information, but the road construction would not have gone forward and been built if the developer hadn’t gotten a permit from the DEQ and fulfilled requirements by the Township.  He also stated the Road Commission would not have allowed it unless there was an acceptable foundation for the road. 

 

Mr. Peterson said the developer’s engineer has certified that the road has been built to Road Commission standards.  If the roadway should fail for any reason, the Road Commission could go after the developer and its engineer to repair/rebuild.

 

RESOLUTION APPROVING FINAL LAYOUT OF CAMERON OAKS PLANNED UNIT DEVELOPMENT IN MERIDIAN CHARTER TOWNSHIP.

 

RESOLUTION #057-07

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Engineering, the Board approves the Final Site Plan of Cameron Oaks Planned Unit Development located in Section 16 of Meridian Charter Township.  The proprietor is Gordon G. Hunsaker.  The Board approves and accepts Cameron Oaks Drive into the county road system.

 

AGENDA ITEM #11B – HOWELL ROAD PROJECT TITLE SHEET.

 

Director of Engineering Bob Peterson reviewed the proposed 2007 project on Howell Road between Meridian Road and Williamston Road.  He recommended the Board sign the title sheet for the project so that it can be submitted to MDOT for a bid letting.

 

RESOLUTION APPROVING THE TITLE SHEET FOR THE HOWELL ROAD PROJECT.

 

RESOLUTION #058-07

 

Moved by commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Director of Engineering, the Board approves and signs the title sheet for the 2007 project on Howell Road between Meridian Road and Williamston Road.

 

AGENDA ITEM #11C – PROPOSED REVISIONS TO THE ICRC DRIVEWAY MANUAL.

 

Managing Director John Midgley and Director of Engineering Bob Peterson reviewed the proposed revisions to the Road Commission’s driveway specifications manual.  The major revisions are the proposed changes to the frontage requirements for driveways and the commercial driveway standards. 

 

The Board directed the changes be reviewed by legal counsel and then, based on his recommendation, be brought back for review and consideration by the Board.

 

AGENDA ITEM #12A – 4/10 WORK SCHEDULE FOR SUMMER 2007.

 

Managing Director Midgley reviewed his memorandum regarding the 4-10 work schedule for this year.  The Board and staff debated the issue.  Commissioner Rodgers stated she has not been given enough background information to make an informed decision.  It was directed that this be brought back in two weeks with additional information.  Chair Smith indicated he would only hear the issue one more time.

 

AGENDA ITEM #12B – AGREEMENT WITH MERIDIAN TOWNSHIP.

 

Managing Director John Midgley reviewed an agreement that has been drafted between the Road Commission and Meridian Township for extra sidewalk work they have requested on Hagadorn Road in the vicinity of the bridge replacement project currently being undertaken. 

 

RESOLUTION APPROVING AN AGREEMENT WITH MERIDIAN TOWNSHIP FOR SIDEWALK IMPROVEMENTS NEAR THE HAGADORN ROAD BRIDGE REPLACEMENT PROJECT.

 

RESOLUTION #059-07

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that upon recommendation of the Managing Director, the Board approves entering an Agreement with Meridian Township for extra sidewalk work to be done on Hagadorn Road in conjunction with the Hagadorn Road Bridge replacement project currently being done by the Road Commission.  The cost for the additional work is $1,150.00 which will be paid for by the township.

 

Discussion on the Motion.            Commissioner Rodgers asked about the language in the agreement which provides for a lump sum payment by the township, regardless of whether the total is more or less than the estimated cost.  She asked if there is any assurance that the total cost won’t be more?  Mr. Midgley stated if it does end up costing more, it won’t be by much.  The estimate was based on the actual unit prices provided by MDOT for the contractor, and actual field measurements.  Vice Chair Guenther asked if the sidewalk construction will be seven feet.  Mr. Peterson said yes, except right at the bridge deck, then the width is eight feet.

 

AGENDA ITEM #12C – OUT OF STATE TRAVEL FOR THE MANAGING DIRECTOR.

 

Managing Director Midgley stated he was requesting out of state travel to Washington, DC, to attend the ARTBA Washington Fly-In and Board meeting.  Commissioner Rodgers said she looked at the program and it appears that May 7th and 8th are mostly board meetings.  She asked if Mr. Midgley was on any committees that were having all these meetings.  Mr. Midgley stated that the MITA group sets up the meetings with the legislators and he won’t know for sure when that is until he gets there; however, he is on the Board of Directors for the Transportation Committee, the Central Leaders’ Team and the Past Presidents’ Committee, all of which have meetings during the conference.  Commissioner Rodgers asked who at Capitol Hill would be visited?  Mr. Midgley stated two senators would be visited.  Commissioner Rodgers said she would like to discuss this further on an individual basis with the Director.

 

RESOLUTION APPROVING OUT OF STATE TRAVEL FOR THE MANAGING DIRECTOR.

 

RESOLUTION #060-07

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that the Board authorizes out of state travel for the Managing Director to attend the annual ARTBA Federal Issues Program and 2007 Transportation Construction Coalition Washington Fly-In and ARTBA Board meeting scheduled for May 7-9, 2007, in Washington, D.C.

 

AGENDA ITEM #13A – HOUSE BILLS 4468 & 4469.

 

Commissioner Rodgers asked if there is any recommendation from the CRAM office regarding House Bill 4468 and 4469 that have been introduced to broaden the law to extend penalties for all accidents caused by a moving violation in a construction zone which results in injury or death to any person.  She indicated she agrees with Sara Jean Nelson, who communicated with the Road Commission and urged our support for the proposed Bills.  Commissioner Rodgers said she would like to send a communication to our Representatives indicating support of these House Bills.  Commissioner Guenther stated he also supports the change and it should include anyone who is injured or killed in a work zone.  Mr. Midgley stated he would contact the CRAM office to see if they are supporting these Bills.

 

AGENDA ITEM #16 – CLOSED SESSION.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the Board enter closed session at 7:40 P.M. for the purpose of discussing pending labor negotiations and other labor issues.  Roll call vote:  Commissioner Smith, yes, Commissioner Guenther, yes, Commissioner Rodgers, yes.  3 yes, 0 no.  Motion carried unanimously.

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther, that the Board return to open session at 8:30 P.M.  Roll call vote:  Commissioner Smith, yes, Commissioner Guenther, yes, Commissioner Rodgers, yes.  3 yes, 0 no.  Motion carried unanimously.

 

RESOLUTION AUTHORIZING HIRING OF LEGAL COUNSEL FOR THE INGHAM COUNTY ROAD COMMISSION.

 

RESOLUTION #061-07

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther.  3 yes, 0 no.  Resolution carried unanimously.

 

BE IT RESOLVED that the Board hereby hires the law firm of Cohl Stoker Toskey & McGlinchey PC (Peter A. Cohl) to represent the Road Commission on all labor and employee relations issues.  The Road Commission will be billed at the rate of $160.00 per hour.  The Board also hires the law firm of Brookover Carr & Schaberg PC (George M. Brookover) to represent the Road Commission on all general law issues.  The Road Commission will be billed at the rate of $175.00 per hour.

 

There was no public comment offered.  The meeting adjourned at 8:35 P.M.

 

 

                                                                                                                                                           

Larry R. Smith, Chair                                                     Deborah L. Bellows, Secretary to the Board