**APPROVED MINUTES**

 

 

Mason, Michigan

August 8, 2007

 

 

The Board of Ingham County Road Commissioners met for a rescheduled regular meeting on Wednesday, August 8, 2007, at 9:00 A.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, Commissioner.

 

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

 

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

 

AGENDA ITEM #3 – LIMITED PUBLIC COMMENT.

 

Mark Clouse, legal representative for The Eyde Company, was present for public comment.  Mr. Clouse stated he was before the Board today to discuss a possible connection to Lake Lansing Estates Phase 2 through Sierra Ridge Estates Phase 3.  He indicated that Sierra Ridge Estates is going to be before the Meridian Township Board on August 21st for renewal.  Mr. Clouse reminded the Board of his repeated concerns over the lack of connection between Sierra Ridge Estates Phase 3 and Lake Lansing Estates Phase 2, and he has voiced those concerns since about 2003.  For future phases of Lake Lansing Estates, the parcel will be landlocked without that connection.  Mr. Clouse stated that the construction drawings are not completed on the final phase of Sierra Ridge.  He asked that the Board, or its staff, send an official communication to Meridian Township stating the Board’s desire to have the connection to the final phase of Sierra Ridge from the future phases of Lake Lansing Estates.  Mr. Clouse apologized for the short notice, but he was not aware until just recently that Sierra Ridge would be before the township board on August 21st. 

 

Mr. Clouse explained that their only other possibility for access to Lake Lansing Estates was via an easement through adjacent land currently owned by the Township Parks Department.  He stated the Parks Department has denied his request for an easement.  This pretty much makes his parcel landlocked.  Mr. Clouse explained to Commissioner Rodgers that the two phases of Lake Lansing Estates are separated by a wetland.  The ultimate plan is to build a road across the wetland to connect the two phases, which will require a DEQ permit.  If this and the connection to Sierra Ridge can happen, then he will have the two access points required by the township for a development this size.

 

Commissioner Rodgers asked if there had been any communications with Mr. Fedewa?  Mr. Clouse stated that the Board facilitated a meeting between the two developers.  He indicated that he has offered to pay for any additional design costs for Mr. Fedewa, but he has been less than accommodating.

 

Commissioner Rodgers stated that unless she’s missing something, if she were Mr. Fedewa and someone came along and asked for access to their development through hers and expected her to change the vision for the area, she may be inclined not to want to cooperate either.

 

Mr. Clouse said they are simply asking him to design the development in accordance with state, township and Road Commission standards.  He said that connectivity to adjacent parcels has been a long-standing requirement of the Road Commission.  In fact, he said the Road Commission encourages connectivity, and does not encourage cul-de-sacs in developments.  Mr. Clouse said there are many developments throughout Ingham County that have stub ends for possible future connection to adjacent lands.  Mr. Clouse said he isn’t asking for any favors, he is just asking that the Road Commission require of Mr. Fedewa what it would to anyone else, and require him to provide for possible future access from the final phase of Sierra Ridge to Lake Lansing Estates.

 

Vice Chair Guenther stated that Mr. Fedewa has a vision for the final phase of Sierra Ridge, one which includes larger lots that overlook the wetland and wooded areas and those lots that stop at the property line are planned to be serviced with a cul-de-sac.  If he has to provide for a future connection at this point he believes it will devalue the lots, as well as ruin the privacy and beauty of them, which Mr. Fedewa feels makes them worth more money.  Vice Chair Guenther stated that he believes Mr. Fedewa wants this left alone with a cul-de-sac to serve these lots overlooking the wetland area.

 

Commissioner Rodgers stated she thought she has heard in previous conversations during the last seven months, that the Road Commission does not like cul-de-sacs.  Director of Engineering Bob Peterson stated that is correct, the Road Commission discourages them whenever possible.  Commissioner Rodgers asked why, then, did the Road Commission allow the cul-de-sac design in the Sierra Ridge development?  Mr. Peterson explained that there are conditions, such as natural barriers like wetlands, that warrant the acceptance of cul-de-sacs and, since this area is surrounded by wetlands, it was a good enough reason not to require a connection by allowing a cul-de-sac.

 

Mr. Clouse stated they are not asking Mr. Fedewa to redesign the entire area.  He said that Mr. Fedewa has other options available to him and if the cul-de-sacs are eliminated, it will actually create several additional lots.

 

Commissioner Rodgers stated that based on what she has heard, she has no position on this issue one way or the other.  Mr. Clouse said he isn’t asking for anything out of the ordinary.  He is just asking that the Board follow what has been done in the past with everyone else.  Vice Chair Guenther stated that he would hope that the two developers would continue discussions to try and work something out between them.  Mr. Clouse said this is the Board’s last chance to agree to something because the township board meeting is just before the next Road Commission meeting.

 

Chair Smith recessed the regular meeting at 9:20 A.M. in order for the Board to embark on a county-wide tour of various projects currently underway.  Those project sites to be visited are as follows:

 

1.         Farm Lane & Mt. Hope Intersection.

2.            Hagadorn Road & Hannah Blvd. Intersection.

3.            Hagadorn Road Bridge.

4.         Towar Gardens Area.

5.            Developments of Sierra Ridge Estates and Lake Lansing Estates.

6.         Noble Road Bridge.

7.         Kirby Road Bridge deck.

8.         Old Plank Road Bridge.

9.         Gale Road Bridge.

10.        Eifert Road Bridge.

 

The Board reconvened the business meeting at 2:10 P.M.

 

Others present for the afternoon session:  Peter A. Cohl, Cohl Stoker Toskey & McGlinchey, and Doug Steffen, Engineering Dept. employee and OPEIU Representative.

 

AGENDA ITEM #5 – CONSENT ITEMS.

 

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

 

1.         Agenda Item #6, minutes.

2.         Agenda Item #7, routine and special permits.

3.         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 July 26, 2007, be approved as presented.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #7 – Routine & Special Permits.

 

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

 

07-0454 07-0455            07-0456            07-0459            07-0460            07-0461

07-0462 07-0463            07-0464            07-0465            07-0467            07-0468

07-0469 07-0470            07-0475            07-0476            07-0478            07-0477

07-0480 07-0451            07-0452            07-0453            07-0457            07-0458

07-0466 07-0471            07-0472            07-0473            07-0474            07-0479

07-0481 07-0482

 

Permit #07-0483 applied for by Heritage Hills Neighborhood for a road closure on Blythefield Drive between Buglers Way and Colony Drive for the purpose of conducting the Heritage Hills Neighborhood block party on August 12, 2007, from 4:00 PM until 6:00 PM.  The event is sponsored by the Heritage Hills Neighborhood Association and is sanctioned by Meridian Township.

 

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 July 23-August 5, 2007, be approved as follows:  check numbers #88841 through #88913, totaling $101,203.80.  3 yes, 0 no.  Motion carried unanimously.

 

AGENDA ITEM #8 – MANAGING DIRECTOR REPORTS.

 

A.            Information regarding a request to have an Adopt A Highway program similar to MDOT’s program.  Additional information is to be obtained from MDOT.

 

B.         The proposed construction of the pedestrian crossing at the intersection of Lake Lansing Road and Towar Avenue has been postponed.  The Drain Commissioner has notified the Road Commission that he was unable to obtain the funding necessary for this work.

 

C.            Managing Director John Midgley announced his retirement from the Ingham County Road Commission and submitted his resignation to the Board, effective October 7, 2007.

 

RESOLUTION ACCEPTING THE MANAGING DIRECTOR’S RESIGNATION.

 

RESOLUTION #122-07

 

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

 

BE IT RESOLVED that the Board of Ingham County Road Commissioners hereby accepts Managing Director John W. Midgley’s resignation from employment and thanks him for his service to the Ingham County Road Commission, and wishes him success in his future endeavors; and

 

BE IT FURTHER RESOLVED that the Board authorizes the Chair to sign the appropriate document pertaining to Mr. Midgley’s resignation from employment.

 

AGENDA ITEM #9B – 2006 ANNUAL REPORT.

 

Director of Administrative Services Kathy Haves reviewed the proposed 2006 annual report and answered questions by the Board.  Chair Smith explained that Jean McDonald will be asked to review and sign the report because she was the Chair in 2006 and she should sign the report.  The Board directed Ms. Haves to make contact with Ms. McDonald to make arrangements for her to review and sign the 2006 annual report.

 

RESOLUTION APPROVING THE 2006 ANNUAL REPORT AND AUTHORIZING ITS RELEASE TO THE COUNTY BOARD OF COMMISSIONERS.

 

RESOLUTION #123-07

 

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 Administrative Services, the Board approves the Road Commission’s 2006 Annual Report and authorizes its release to the County Board of Commissioners.

 

AGENDA ITEM #9C – MERS ANNUAL CONFERENCE.

 

Director of Administrative Services Kathy Haves informed the Board that the MERS annual conference is scheduled for September 18-20, 2007, at the Radisson Plaza Hotel in Kalamazoo.  She stated that employee representatives have been selected by secret ballot.  Ms. Haves recommended that the Board appoint an employer delegate and alternate for voting purposes at the conference.  Commissioner Rodgers expressed an interest in attending the conference and asked if only delegates can attend?  She said that the program looks like it would benefit other staff as well.  Ms. Haves stated that she normally attends the conference, along with the employee delegate.

 

RESOLUTION AUTHORIZING ATTENDANCE AT THE MERS ANNUAL CONFERENCE.

 

RESOLUTION #124-07

 

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

 

BE IT RESOLVED that the Board appoints Shirley M. Rodgers as the employer delegate and Kathryn M. Haves as the Employer Alternate to attend the MERS Annual Conference on September 18-20, 2007, at the Radisson Plaza Hotel in Kalamazoo.  The Board also authorizes the employee delegate and alternate, who were selected by secret ballot, to attend the conference.  The employee delegate is Stephanie Barnhart and the employee delegate is Don Hackert.

 

AGENDA ITEM #10A – AWARD OF PROPOSAL #1515.

 

Director of Engineering Bob Peterson reviewed the bids received for Proposal #1515 for the 2007 local road paving program and recommended award to the low bidder, Aggregate Industries.  Commissioner Rodgers asked why the price per ton is so much higher on the Pine Tree Road project than any of the others.  Mr. Peterson stated the contractor submitted an unbalanced bid for that portion of work.  The cost for milling was included in the per ton cost of asphalt.  Unbalanced bids are common, but Road Commission inspectors will have to keep a close eye on the work to keep on budet.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1515 FOR THE 2007 LOCAL ROAD PAVING PROGRAM.

 

RESOLUTION #125-07

 

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 authorizes award of Proposal #1515 for the 2007 local road paving program to Aggregate Industries of Mason, for their total low bid price of $543,198.93.

 

AGENDA ITEM #10B – MARSH ROAD INTER-AGENCY AGREEMENT.

 

Director of Engineering Bob Peterson reviewed the proposed Inter-Agency Agreement with Meridian Township for work on Marsh Road.  He said that in preparation for the resurfacing project, the Township wanted to replace some water main along Marsh Road that has a history of being problematic.  The Township’s project is to be completed shortly before our road project is to begin.  The Township’s water main replacement starts in the intersection of Lake Lansing Road and Marsh Road and extends north to Pike Street. 

 

Mr. Peterson continued that the Road Commission’s project calls for replacement of a portion of storm sewer in the same location where the township’s water main project is to start.  Since the Township is to excavate in the same location that our storm sewer is to be installed, and the Township contractor is ill prepared to restore Lake Lansing Road to its existing condition, our two entities have agreed to trade portions of work (storm sewer for pavement restoration) to better serve the public.  The details of this arrangement are set forth in the Agreement.

 

RESOLUTION APPROVING INTER-AGENCY AGREEMENT WITH MERIDIAN CHARTER TOWNSHIP FOR MARSH ROAD IMPROVEMENTS.

 

RESOLUTION #126-07

 

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 authorizes the Chair and Secretary to sign, an Inter-Agency Agreement with Meridian Charter Township for coordination of water main improvements with the road improvements on the Marsh Road resurfacing project.

 

AGENDA ITEM #10C – PETITION FOR ABANDONMENT OF TOWNER ROAD.

 

Present for discussion:  Al Wallace, Fraser Law Firm (representing Petitioner, Gil White).

 

Director of Engineering Bob Peterson reviewed a Petition for Abandonment received from Gil White requesting the Board consider abandonment of Towner Road between M-78 and Newton Road in Meridian Township.  Mr. Peterson stated he would recommend approval of the abandonment.  He said Mr. White intends to rebuild the road as a private road that would be internal to a proposed development he has at this site. 

 

Mr. Peterson said the only issue he has is that Meridian Township Manager Jerry Richards faxed a communication from him stating that township staff does not find any conflict with the utility systems, infrastructure or the adjacent land uses.  However, this is the opinion of staff, not the Township Board.  He said that normally township boards respond as to that specific board’s opinion of an abandonment. 

 

Commissioner Rodgers asked Mr. Wallace if Mr. White has any sort of deadline which would require an immediate response.  Mr. Wallace said he was not certain, but the sooner the better.  Commissioner Rodgers stated she recently spoke with Township Manager Gerald Richards and he assured her this would be on the township board agenda for August 21st. 

 

Discussion was held regarding the process by which the abandonment was submitted and the signatures required.  The Board agreed to approve the abandonment contingent upon a favorable response by the Meridian Township Board.

 

RESOLUTION APPROVING ABANDONMENT OF TOWNER ROAD IN MERIDIAN CHARTER TOWNSHIP.

 

RESOLUTION #127-07

 

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

 

WHEREAS, the Board of Ingham County Road Commissioners has been petitioned by seven or more freeholders of the Charter Township of Meridian to abandon and discontinue the Towner Road right of way located between M-78 and Newton Road, in Section 4 of Meridian Charter Township; and

 

WHEREAS, Mr. Robert H. Peterson, Director of Engineering for the Ingham County Road Commission viewed the premises described in the request for abandonment as to the advisability of absolutely abandoning and discontinuing the road right of way described; and

 

WHEREAS, the Board of Ingham County Road Commissioners has determined it to be in the best interest of the public that said right of way be absolutely abandoned and discontinued.

 

NOW THEREFORE BE IT RESOLVED that the Towner Road right of way located between M-78 and Newton Road, in Section 4 of Meridian Charter Township, Ingham County, Michigan, SHALL HEREBY NOW BE ABSOLUTELY ABANDONED AND DISCONTINUED; and

 

BE IT FURTHER RESOLVED that the Towner Road right of way described herein be absolutely abandoned and discontinued upon the condition that the title and/or easements to all water lines, sanitary sewers, storm sewers, county drains, gas, electric and communication poles, wires, pipes, conduits, cables, appurtenances and facilities, if any are in, under or over said portion of the right of way, are reserved to and shall remain in the respective owners thereof; and/or with an easement and continued right to occupy said road right of way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said road right of way had remained a public way.

 

BE IT FURTHER RESOLVED that this abandonment is approved contingent upon receipt of a favorable response to the abandonment from the Meridian Charter Township Board of Trustees from its meeting of August 21, 2007.

 

AGENDA ITEM #11A – NMARC ANNUAL CONFERENCE.

 

Mr. Midgley stated the Board should appoint a voting delegate and alternate for the Northern Michigan Association of Road Commissions’ annual conference being held September 5-7, 2007, at Boyne Mountain Resort.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the Board hereby appoints Shirley M. Rodgers as voting delegate and Joseph D. Pulver as voting alternate to represent the Ingham County Road Commission at the Northern Michigan Association of Road Commissions’ annual conference to be held September 5-7, 2007, at Boyne Mountain Resort.

 

AGENDA ITEM #12 – BOARD UPDATES/COMMENTS.

 

A.         The Board cancelled the regular meeting scheduled for September 6, 2007.

 

B.         Director of Engineering Bob Peterson talked with the Board regarding the possibility of extending the length of time that seasonal employee, Mike Cochran, will work for the Road Commission this year.  He requested that Mr. Cochran be allowed to work through November.  Mr. Peterson stated that his employees are putting in 65-70 hours per week inspecting projects and they are burned out.  Mr. Cochran will provide relief for those employees to take some personal time.  He stated Mr. Cochran has worked for the Road Commission for 15 years as a seasonal employee and is capable of filling in for the full time employees.  Mr. Peterson said that the Marsh Road project, as well as the local road projects, will not get started until August or September, so projects will not be completed until probably mid-November.

 

Commissioner Rodgers asked if it would create a problem by having a seasonal employee work beyond the specified time allotted for in the labor contract?  She also stated that it appears to her that possibly the Engineering Department may need another full time staff person.  She asked Mr. Peterson about his overall staffing.  Mr. Peterson replied that there is a current technician position open in his department that has not been filled and his current staff has absorbed the duties of that position.  He said he would like the position filled at some point in time.

 

Commissioner Rodgers asked where the additional funding would come from for extending Mr. Cochran’s seasonal employment status.  Ms. Haves stated there are two vacant highway worker positions and a vacant engineering technician position within the budget that have not yet been filled.  The money could be used from this budget.  She indicated that OPEIU has agreed to sign a Letter of Understanding for extending the seasonal position.  Ms. Haves also stated that Dan Chapman has indicated to her that they definitely need the help.

 

Doug Steffen, Engineering Dept. employee, was sitting in the audience and agreed that they need the extra help that Mr. Cochran would be able to provide.

 

Commissioner Rodgers stated she would like to see the information on the amount of overtime that these employees have put in and the costs related to it versus the costs of filling the position.  She said she is not sure that it is such a valuable savings.  She said that with the heat of this summer and the amount of hours spent on those projects by the employees, there would certainly be more value to filling a vacant position beyond the dollar.  Commissioner Rodgers said that people and consideration of them needs to be put in the mix as well.  She asked for information on this at some point in the fall.

 

Mr. Peterson said that he would like to have another person on staff by June of 2008.  Chair Smith stated that budget time is coming up this fall and Mr. Peterson should get that position put in his proposed budget for 2008.

 

RESOLUTION APPROVING THE EXTENSION OF THE ENGINEERING SEASONAL POSITION UNTIL THE END OF THE 2007 CONSTRUCTION SEASON.

 

RESOLUTION #128-07

 

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 authorizes the extension of time for seasonal employee Mike Cochran to work for the Ingham County Road Commission to be extended to the end of the construction season, pending an approved Letter of Understanding with OPEIU Local 512.

 

No public comment was received.  The meeting adjourned at 3:20 P.M.

 

 

 

                                                                                                                                                           

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