**APPROVED MINUTES**

 

 

Mason, Michigan

December 20, 2007

 

 

The Board of Ingham County Road Commissioners met for a rescheduled regular meeting on Thursday, December 20, 2007, at 11:30 A.M. Ingham County Fairgrounds Community Hall located at 700 E. Ash Street, Mason, Michigan.

 

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

 

Also Present:  Sandra F. Montgomery, Interim Managing Director, Deborah L. Bellows, Secretary to the Board, William M. Conklin, Managing Director, Joseph D. Pulver, Director of Operations, and Robert H. Peterson, Director of Engineering.

 

The Board convened for an Employees’ Service Awards luncheon at 11:30 A.M.  After the luncheon concluded, the Board recessed and relocated to the offices of the Ingham County Road Commission located at 301 N. Bush Street, Mason, Michigan, where the regular meeting was reconvened at 1:30 P.M.

 

AGENDA ITEM #6 – INTERIM MANAGING DIRECTOR REPORTS.

 

A.         Ms. Montgomery informed the Board that the Road Commission has received a communication from Victor Rose, Acting Superintendent of Operations for the City of Lansing, informing us that the City of Lansing will no longer maintain the sidewalk on the Waverly Road bridge over the Grand River.  Ms. Montgomery stated that Waverly Road at this location is under the jurisdiction of the Ingham County Road Commission; however, the south side falls under the jurisdiction of the City of Lansing and the north side falls under the jurisdiction of Lansing Township.  The sidewalk in question falls within the township’s jurisdiction.  This problem arose a few years ago when area residents complained to City Council that the sidewalk was not being cleared of snow.  At the time, neither the Road Commission or the Township had the equipment necessary to clear the sidewalk.  Also, the Road Commission is not legally charged with the responsibility to maintain sidewalks.  Ms. Montgomery stated she wanted to bring this to the Board’s attention in case it becomes an issue again with the residents. 

 

Commissioner Rodgers stated that as a member of the Public Service Board, she would call Mr. Rose to discuss this issue, as it was not brought to the Public Service Board’s attention that the City would no longer be maintaining the sidewalk.  Mr. Pulver mentioned that the Road Commission maintains Waverly Road from Moores River Drive north to Grand River Avenue. 

 

Chair Smith asked if the Road Commission were put in a position of agreeing to maintain the sidewalk, how would it be done?  Mr. Pulver said the Road Commission does not have proper sidewalk maintenance equipment and would have to send Buildings and Grounds employees out to manually clear the sidewalk.  He indicated that the north side of the bridge falls under the jurisdiction of Lansing Township and there are currently no township sidewalks on this side of the bridge; the south side of the road, where the sidewalk is, eventually ties to City sidewalks. 

 

Mr. Pulver indicated he has a call in to Mr. Rose and is awaiting a phone call back.  He will see if he can get additional details.  Chair Smith asked that the Board be kept informed of the status.

 

B.         Ms. Montgomery stated that Sheila Lewis has officially given notice of her retirement from the Ingham County Road Commission, effective January 22, 2008.  Her last day will be January 18th.  She suggested that the position be posted as quickly as possible, and if no OPEIU members apply for the position, then it be opened to the public.  The Account Clerk II/Webmaster position is a vital position to the Accounting Department and they should be without the position being filled for a little time as possible.  Ms. Montgomery also recommended that a temporary employee be brought in to perform data entry and clerical tasks until the position can be filled. 

 

Commissioner Rodgers asked Mr. Conklin what his thoughts were.  Mr. Conklin stated he agreed with Ms. Montgomery’s recommendation, stating the position really needs to be filled as quickly as possible.

 

C.         The Board was informed that holiday fruit baskets have been sent to the two farmers in Williamston who allowed the Road Commission to park equipment and dump tree debris on their property during the storm cleanup after the tornado in October.

 

D.         Ms. Montgomery reported that January 4th would be her last day.

 

AGENDA ITEM #7A – 2007 YEAR END BUDGET ADJUSTMENTS.

 

Interim Managing Director Sandy Montgomery reviewed her recommendations for the year end budget adjustments.  She stated that adoption of the budget adjustment prior to the end of the year addresses one of the concerns noted by the auditors in the audit of the 2006 financial statements.

 

RESOLUTION APPROVING YEAR END BUDGET ADJUSTMENTS.

 

RESOLUTION #178-07

 

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

 

BE IT RESOLVED that upon recommendation of the Interim Managing Director, the Board approves 2007 year end budget adjustments as follows:

AGENDA ITEM #7B – APPROVAL OF THE 2008 BUDGET.

 

Interim Managing Director Sandy Montgomery recommended approval of the 2008 Budget stating this is in accordance with previous discussions.  This is a status quo budget.  When the new Manager comes in and can determine staffing levels and capital improvements, the budget can be adjusted accordingly.

 

RESOLUTION APPROVING THE 2008 BUDGET.

 

RESOLUTION #179-07

 

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

 

BE IT RESOLVED that upon recommendation of the Interim Managing Director, the Board approves the 2008 Budget as follows:

AGENDA ITEM #7C – FILL THE VACANT CLASS 3 POSITION.

 

Interim Managing Director Sandy Montgomery recommended filling the vacant Class 3 position to Mr. Martanga Baker of Lansing.  Mr. Baker will be assigned to the Western District.  Ms. Montgomery stated that of 91 total applications received for this position, 81 were white males, 2 were white females, 3 were Hispanic males, 3 were African American males, and 2 were native American males.

 

RESOLUTION AUTHORIZING THE FILLING OF THE CLASS 3 VACANCY.

 

RESOLUTION #180-07

 

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

 

BE IT RESOLVED that upon recommendation of the Interim Managing Director, the Board approves offering the Class 3 position to Mr. Martanga Baker of Lansing.

 

AGENDA ITEM #7D – APPOINT A BOARD MEMBER TO THE PARKS BOARD FOR 2008.

 

RESOLUTION APPOINTING A BOARD MEMBER TO SIT ON THE INGHAM COUNTY BOARD OF PARKS TRUSTEES FOR 2008.

 

RESOLUTION #181-07

 

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

 

BE IT RESOLVED that the Board hereby appoints Commissioner Larry R. Smith to sit on the Board of Ingham County Park Trustees to represent the Road Commission for the year 2008.

 

AGENDA ITEM #7E – AUTHORIZE MANAGING DIRECTOR TO MAKE YEAR END BUDGET ADJUSTMENTS.

 

Interim Managing Director stated this action is necessary in order to spread the distributive to the various activities, which cannot be done until after the end of the year.

 

RESOLUTION AUTHORIZING THE MANAGING DIRECTOR TO MAKE ALL NECESSARY YEAR END BUDGET ADJUSTMENTS.

 

RESOLUTION #182-07

 

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

 

BE IT RESOLVED that upon recommendation of the Interim Managing Director, the Board authorizes the Interim Managing Director to make all necessary year end budget adjustments.

 

AGENDA ITEM 7F – 2008 MEETING SCHEDULE.

 

Chair Smith stated that the meeting schedule for 2008 is being contemplated to be changed to Tuesdays, instead of the current Thursday, due to a conflict for Commissioner Rodgers.  Commissioner Guenther said that he has changed his Tuesday night commitment to another night.  Director of Engineering Bob Peterson stated he has a golf commitment on Tuesday nights, and just paid the fees in October.  This obligation is for 15 Tuesday nights between May and September.  Director of Operations Joe Pulver stated that Wednesdays would work better for him.  Chair Smith stated Wednesdays did not work well for him.

 

RESOLUTION TO COMPLY WITH PROVISIONS OF THE OPEN MEETINGS ACT OF 1976, P.A. 267, AS AMENDED, AND SET DATES, TIME, LOCATION, MEETING RULES AND REGULATIONS OF THE BOARD OF INGHAM COUNTY ROAD COMMISSIONERS’ MEETINGS FOR 2008.

 

RESOLUTION #183-07

 

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

 

WHEREAS, it is necessary for this Board to adopt an annual resolution to comply with the provisions of the Open Meetings Act of 1976, P.A. 267, as amended, and set dates, time, location and meeting rules and regulations of Board of Ingham County Road Commissioners' meetings for 2008, pursuant to the provisions of said Act;

 

THEREFORE, BE IT RESOLVED that this Board adopts the following meeting dates for 2008, time, location and amended meeting rules and regulations, pursuant to provisions of the Open Meetings Act, Public Act 267 of the Public Acts of 1976, as amended:

 

January 8                                  July 8

                        January 22                                 July 22

                        February 5                                August 5

                        February 19                              August 19

                        March 4                                    September 2

                        March 18                                 September 16

                        April  1                                      September 30

                        April 15                                     October 14

                        April 29                                     October 28

                        May 13                                     November 11

                        May 27                                     November 25

                        June 10                                     December 9

                        June 24                                     December 23

                       

 

I.  All regularly scheduled meetings shall begin at 6:00 P.M. and shall be held in the Board Room of the Ingham County Road Commission’s Austin E. Cavanaugh Administration Building located at 301 North Bush Street, P.O. Box 38, Mason, Michigan 48854-0038; telephone number 517/676-9722 or 1-800-968-9733; or at some other time and location at the discretion of the Board, which said time and location change will be advertised and posted in advance for the public’s information.

 

II.  All meetings of this Board shall be open to the public and all persons shall be permitted to attend any meeting; except a closed meeting may be held in accordance with Sections seven and eight, as required by the Open Meetings Act of 1976, Public Act 267, as amended.

 

III.  This Board authorizes the Secretary, or his/her designee, to post all required notices of regular, rescheduled or special meetings of this Board, or any other postings, as required by the Open Meetings Act of 1976, Public Act 267, as amended.

 

IV.  The Secretary, or his/her designee, shall be responsible for preparation, distribution and storage of all minutes of this Board, as required by the Open Meetings Act of 1976, Public Act 267, as amended.

 

V.  The minutes of open meetings shall be available for public inspection at the office of the Secretary and/or the Deputy Secretary, Ingham County Road Commission, 301 North Bush Street, P.O. Box 38, Mason, Michigan 48854-0038, and shall be available to the public at a reasonable copying cost, as required by the Open Meetings Act of 1976, Public Act 267, as amended.

 

VI.  

To provide the public its right to address this Board during any regular or special meeting, any member of the public may address the Board for up to three (3) minutes per individual as scheduled on the agenda at the beginning of each meeting, and up to three (3) minutes at the end of the meeting at the time scheduled on the agenda for public comment; except that any comment on an item scheduled for a public hearing shall be made only at that time pursuant to Section VIII hereof.  At the discretion of the Chair, this time may be extended by granting an additional one (1) minute.  During an agenda item, members of the public may not address the Board unless recognized by the Chair.  To accommodate public comment, the Board Chair, at his/her discretion, may combine an agenda item into the public comment portion of the meeting in order to facilitate input from the public.

 

VII.  To provide the public its right to address this Board during scheduled public hearings, any member of the public may address the Board for up to five (5) minutes per individual, when recognized by the Chair.  All comments are to be directed to the Chair.  Comments are to be specific and address only the subject of the public hearing, otherwise the speaker may be ruled out of order at the discretion of the Chair.

 

VIII.  The Chair may call to order any person who is ruled out of order or who otherwise disrupts the orderly conduct of business at meetings, including speaking without being recognized, interrupting speakers, the Chair, Board members or staff, exceeding designated time limits, failure to be germane to the issue at hand, use of vulgarities, or otherwise being disruptive.  A person may be prohibited from speaking again at the same meeting, may be asked to leave the premises or may be removed from the meeting at the discretion of the Chair and/or may be subject to arrest.

 

IX.  Members of the public desiring to speak to the Board may be required to identify themselves before speaking, as required by the Open Meetings Act of 1976, Public Act 267, as amended.

 

X.  The Ingham County Road Commission will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at meetings to individuals with disabilities, at all public meetings and public hearings upon ten (10) days notice to the Ingham County Road Commission prior to the date set for the public hearing or meeting.  Individuals with disabilities requiring auxiliary aids or services should contact the ADA Coordinator for the Ingham County Road Commission.

 

AGENDA ITEM #8 – AMENDMENT TO THE CEDAR STREET DESIGN CONTRACT WITH TETRA TECH.

 

Director of Engineering Bob Peterson reviewed a proposed amendment to the contract with Tetra Tech for additional engineering services on the Cedar Street design project.  These additional services are the result of requests by the Delhi Township DDA and the DEQ; namely, the design for a non-motorized pathway located on the north side of Cedar Street and running the length of the Cedar Street project from the northeast corner of Dallas Avenue to immediately north of the roundabout at Holbrook Road.  The path will not cross the roundabout or Cedar Street at this time.  The second additional work item is additional topographic survey and green drainage design required in the permitting process by the DEQ for the area south of Holbrook Road which will consist of amending the drainage design to the Cook Thorburn Drain by developing a revised drainage outlet to the Cook Thorburn Drain utilizing a vegetative, green, storm water, bio-swale.  This will include review with the Drain Commissioner.  The third change is the development of two geometric design alternatives based on the November 13th meeting between Delhi Township, the Road Commission and Tetra Tech representatives.  Two options for pedestrian crossings will also be explored and presented to the Road Commission and the Township DDA.

 

Mr. Peterson said the additional design work is $29,000.  He reminded the Board that the Delhi Township DDA is funding the entire Cedar Street project, both design and construction.  However, the Road Commission is the designated agency to oversee the project design and construction.  The Delhi Township DDA reimburses the Road Commission for all of the expenses.  The Township DDA has approved the additional work.

 

RESOLUTION APPROVING CONTRACT AMENDMENT WITH TETRA TECH FOR ADDITIONAL DESIGN WORK ON THE CEDAR STREET PROJECT.

 

RESOLUTION #184-07

 

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 a contract amendment with Tetra Tech for additional design work on the Cedar Street project.  The cost of the additional design work is estimated at $29,000.00.  The Board authorizes the Interim Managing Director to sign the contract amendment on its behalf.

 

The Board discussed the time frame for completion of the additional work as outlined in the contract amendment.  The Director of Engineering was asked to look at the original contract to see if there are any penalties for not meeting deadlines.

 

Along this same line, Mr. Peterson stated he wanted to update the Board on another rather large project in Delhi Township.  In late 2008, the Township DDA is also planning to reconstruct the sanitary sewer along Holt Road up to Depot Street for service into Valhalla Park.  There will be an 18 foot deep cut made in Holt Road in order to reach the existing line; as well as going underneath the railroad tracks on Holt Road.  Permits will be required from the Railroad, DEQ and the Road Commission.  All four lanes of Holt Road will be required to be closed.  The Cedar Street project and the sanitary sewer project will need to be coordinated because Holt Road is the alternate route for Cedar Street, and Cedar Street is the alternate route for Holt Road.  The Township DDA is holding a public hearing on the proposed sanitary sewer project on January 23rd at 7:00 P.M. at the hall on Charlar Drive.

 

AGENDA ITEM #9 – BOARD COMMENTS.

 

The Board thanked Sandy Montgomery for her service as Interim Managing Director these past six months and said they appreciated her coming out of retirement to help get things back on track.  Ms. Montgomery thanked the Board for the opportunity and said she appreciated all of the assistance and cooperation she received from all of the employees.  She said she enjoyed being back and working with everyone, but is eager to get on with her retirement.

 

No public comment was offered.  The meeting adjourned at 2:30 P.M.

 

 

 

                                                                                                                                                           

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