Mason, Michigan

June 28, 2007

 

 

The Board of Ingham County Road Commissioners met for a regular meeting at 6:00 P.M. on Thursday, June 28, 2007, in the Board Room of the 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:  Joseph D. Pulver, Acting Managing Director, Deborah L. Bellows, Secretary to the Board, Kathryn M. Haves, Director of Administrative Services, and Robert H. Peterson, Director of Engineering.

 

Others Present:  Douglas L. Brinker, Atwell-Hicks Development Consultants, Peter Stoughton, Planner for Delhi Charter Township, Gary Arnold, James L. Charles, Sign & Signal Manager (ICRC), Dale E. Arnett, Eastern District Supervisor (ICRC), Dan Chapman, Engineering Technician & OPEIU Local 512 Chief Steward (ICRC), and Will Comstock, Eastern District employee (ICRC).

 

AGENDA ITEM #4 – CONSENT AGENDA.

 

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

 

A.         Agenda Item #5, minutes.

B.         Agenda Item #6, routine and special permits.

C.         Agenda Item #8A, accounts payable.

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #5 – Minutes.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the minutes of the meeting of June 14, 2007, be approved as presented.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #6A-C – Routine and Special Permits.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers that routine and special permits be approved as follows:

 

07-0344 07-0345            07-0346            07-0347            07-0348            07-0349

07-0353 07-0354            07-0357            07-0358            07-0360            07-0361

07-0362 07-0363            07-0364            07-0365            07-0366            07-0373

07-0381 07-0343            07-0350            07-0351            07-0352            07-0356

07-0359 07-0369            07-0370            07-0371            07-0372            07-0376

07-0377 07-0379            07-0380            07-0382            07-0383

 

Permit #07-0367 for the purpose of conducting the 5th annual Origami 5k run/walk/wheel fundraiser to be held on August 18, 2007, from 8:30 A.M. until 11:30 A.M.  The event is sponsored by Origami Brain Injury Rehab Center and is sanctioned by Alaiedon Township.

 

Permit #07-0378 to close Sleepy Hollow Lane between Isaac Lane and Sacarmento Way for the purpose of conducting a neighborhood block party on July 14, 2007, from 12:00 P.M. until 12:01 A.M.  The event is sponsored by Mike Weaver and is sanctioned by Meridian Township.

 

Permit #07-0384 to close Central Park Drive just west of the Township Complex entrance to the Post Office driveway on July 4, 2007, from 9:00 P.M. until 11:00 P.M. for the fireworks display.  The event is sponsored by the Meridian Township Parks & Recreation Dept. and is sanctioned by Meridian Township.

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #8A – Accounts Payable.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the accounts payable for the two week period from June 11-24, 2007, be approved as follows:  check numbers #88588 through #88667, totaling $336,443.75.  3 yes, 0 no.  Motion carried unanimously.

 

AGENDA ITEM #10E – VARIANCE REQUEST FOR COMMERCIAL DRIVE APPROACH LOCATION.

 

Mr. Peter Stoughton, Planner for Delhi Charter Township, and Mr. Douglas L. Brinker of Atwell-Hicks Development Consultants, were present for this discussion.

 

Director of Engineering Bob Peterson stated his department has received a request for a variance for the installation of two commercial driveways for the proposed Tim Horton’s Restaurant at 2350 Cedar Street in Holt.  Mr. Peterson said that the Board considered a similar proposal for this same parcel last year when Medawar Jeweler’s tried to develop the property.  He explained that the proposed driveways are located along the north and south property lines.  The north drive approach is a distance of 104 feet (edge to edge) from the drive that services Delhi Commerce Center.  The southerly drive is located about 110 feet from the existing Auto Zone drive approach.  In accordance with Road Commission commercial drive standards the minimum spacing required for a road with a posted speed limit of 40 MPH is 185 feet.

 

The owner of Tim Horton’s Restaurant is in favor of constructing a shared access connection to Delhi Commerce Center as shown on the plans they submitted.  The drive approach will be constructed to the north property line and completed once the township secures an easement from the owners of Delhi Commerce Center.

 

Mr. Peterson continued that there are many commercial driveways on both sides of Cedar Street between Willoughby Road and Aurelius Road that do not meet the Road Commission’s required spacing standards.  Due to the triangular shape of this parcel, the proposed drive configuration would allow smooth traffic flow and sufficient parking within the property.  The proposed connection of the northerly drive with Delhi Commerce Center may benefit the Road Commission and Delhi Township providing the opportunity to eliminate the approach serving the L & L Food Center, if traffic problems develop in the future.

 

Mr. Peterson stated this is one of five sites in the Lansing area on which the restaurant chain intends to construct a new restaurant.  Once this area builds up and traffic volumes warrant it, a new traffic signal will be installed at Cedar Street and Delhi Commerce Drive.  This will probably be either 2008 or 2009.

 

Mr. Peterson said the proposed drive approach at the north corner of the site will be 104 feet from the existing drive that serves Delhi Village, and the southerly drive approach entering into the parcel will be approximately 110 feet from the existing Auto Zone drive approach.  Future plans are to remove the approach to Delhi Village and have a shared access through the Tim Horton’s northerly drive and eliminate the spacing conflict of these two drive approaches.  Also, the reason for the location of the southerly approach is so that it matches the existing drive that serves the site and it aligns with Fay Avenue on the west side of Cedar Street, which will help minimize the turning movement conflicts with vehicles exiting the Tim Horton’s site and turning off of Fay Avenue.

 


RESOLUTION APPROVING VARIANCE FROM COMMERCIAL DRIVEWAY STANDARDS FOR TIM HORTON’S RESTAURANT IN DELHI CHARTER TOWNSHIP.

 

RESOLUTION #097-07

 

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 variance in its commercial driveway spacing requirements to Tim Horton’s Restaurant for drive approaches located at 2350 Cedar Street, Holt, as follows:  the proposed drive approach at the north corner of the site will be 104 feet from the existing drive that serves Delhi Village and the southerly drive approach entering into the parcel will be approximately 110 feet from the existing Auto Zone drive approach. 

 

AGENDA ITEM #10D – HIDEAWAY WOODS NO. 5 FINAL PLAT MYLAR.

 

Mr. Gary Arnold was present to have the Board Chair sign the final plat mylar for Hideaway Woods No. 5, which is located in Section 36 of Williamstown Township.  Board approval is not required since the final plat was previously approved.  Mr. Arnold misplaced the paper copy of the final plat and that we re-signed as well.

 

AGENDA ITEM #9A – TRAFFIC CONTROL ORDER.

 

Sign and Signal Manager Jim Charles presented his request to the Board for approval of a traffic control order requiring the installation of a yield location on Sequoia Trail for Comanche Drive in Meridian Township.  Mr. Charles stated that while he is not an advocate of yield locations, he believed it would be proper for this area.

 

RESOLUTION APPROVING TRAFFIC CONTROL ORDER FOR YIELD LOCATION IN MERIDIAN TOWNSHIP.

 

RESOLUTION #098-07

 

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

 

BE IT RESOLVED that upon recommendation of the Sign and Signal Manager, the Board approves Traffic Control Order #Y-10-07-004 requiring southbound traffic on Sequoia Trail to Yield to northbound and westbound traffic on Comanche Drive, located in Meridian Charter Township. 

 

AGENDA ITEM #9B – AGREEMENTS FOR PAVEMENT MARKING.

 

Sign and Signal Manager Jim Charles reviewed his recommendation for approval of agreements with the cities of Mason, Leslie and Williamston for painting their respective roads in 2007.  Mr. Charles said this is done annually with several of the cities and villages.  He said the painters will be back in late summer or early fall to complete the Road Commission’s painting contract and will include the work for the cities.

 


RESOLUTION APPROVING AGREEMENTS FOR PAVEMENT MARKING.

 

RESOLUTION #099-07

 

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

 

BE IT RESOLVED that upon recommendation of the Sign and Signal Manager, the Board approves Agreements for pavement marking with the cities of Mason, Leslie and Williamston, for 2007 pavement marking.

 

AGENDA ITEM #7 – ACTING MANAGING DIRECTOR REPORTS.

 

A.         Acting Managing Director Joe Pulver informed the Board that the Ingham County Friend of the Court has requested the use of Road Commission property to store impounded vehicles.  Mr. Pulver stated he would suggested that the vehicles be stored in the open area east of the open face building.  There would probably be no more than 10 cars at any one time.  He recommended that the Board’s legal counsel be contacted to prepare an Agreement with the Friend of the Court and that the agreement contain a hold harmless clause.  The Board authorized staff to proceed with having Mr. Brookover draft the appropriate agreement between the Road Commission and the Friend of the Court.

 

B.         It is suggested that a road trip be planned for the week of August 6th.  Perhaps the regular meeting of August 9th could be cancelled.  This will probably take all day and should include the regular meeting when the road trip is concluded.  The Board agreed to cancel the August 9th meeting and reschedule it for August 8th after the road trip.

 

AGENDA ITEM #8B – AFSCME LABOR CONTRACT.

 

Director of Administrative Services Kathy Haves informed the Board that AFSCME Local 1499 employees voted and ratified the labor contract at their meeting held June 27th.  She reviewed the major changes.  After having several questions answered, Commissioner Rodgers stated she is very disappointed in a lot of the language contained in the contract in general, but with one particular change under Article 13, Wages and Benefits, Section 9(g), Long Term Disability.  She indicated she cannot believe this new language was added to provide that the Employer will pay the benefit after 90 days and be reimbursed by the provider.  Commissioner Rodgers stated if there was a problem with the provider making timely payments, then this should have been straightened out with them, or a new provider sought, and it should not have been solved by having the Road Commission make the payments.  She said she strongly disagrees with this provision and she was not aware that this change was going to be made.  She said she is also not accustomed to having “tentative agreement” language changed after the fact.

 

RESOLUTION APPROVING THE NEWLY RATIFIED AFSCME LOCAL 1499 LABOR CONTRACT.

 

RESOLUTION #100-07

 

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

 

BE IT RESOLVED that the Board approves and signs, the newly ratified AFSCME Local 1499 labor contract for the period of January 1, 2006, through December 31, 2007.

 

Discussion on the Motion:  Commissioner Rodgers said she was approving this reluctantly.

 


AGENDA ITEM #8C – 2007 BUDGET ADJUSTMENTS.

 

Director of Administrative Services Kathy Haves reviewed the proposed 2007 budget adjustments.  The Board went through each page of the proposed changes and had several questions.  Commissioner Rodgers stated that she had been told by several employees that many purchases have not been allowed due to the wait for the commissioners to approve the budget adjustments.  She indicated that if purchases and/or projects have been approved in the already existing budget, then to move forward with them does not require waiting for official budget adjustments.  Ms. Haves stated she was not aware of this being told to employees.

 

The Board also discussed proceeding with the bonding for the original list of projects.  Commissioner Rodgers stated she does not want to reduce the Board’s equity for these projects and stated the original list of projects should proceed under the bonding process.  She said that according to information previously received, it will be more cost effective to bond the projects rather than borrow the money from the county.

 

The Board also directed that the bonding process begin for the original list of projects.

 

RESOLUTION APPROVING 2007 BUDGET ADJUSTMENTS.

 

RESOLUTION #101-07

 

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 Administrative Services, the Board approves the following 2007 budget adjustments:

 





RESOLUTION AUTHORIZING PROCEEDING WITH BONDING FOR VARIOUS PROJECTS.

 

RESOLUTION #102-07

 

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

 

BE IT RESOLVED that the Board authorizes staff and its bonding counsel, Patrick J. Berardo, to proceed with the bonding process.  The bond funds will be for the following projects and estimated costs: 

 

1.         Radio Tower - $50,000.00

2.         Metro District Salt Storage Building - $225,000.00

3.         Mason Complex – Demo Part of Block Storage Building, Repair Roof, Repaint Building - $15,000.00

4.         Mason Complex Construct New Storage Building - $150,000.00

5.         Mason Complex Install Electronic Scales for Permits - $15,000.00

6.         Mason Complex Remove and Replace Tile Flooring in the Sign Shop - $5,000.00

 

AGENDA ITEM #8D – FINANCIAL REPORTS.

 

Director of Administrative Services Kathy Haves reviewed the new format for the cash position report and indicated it should now more adequately reflect the Road Commission’s financial position.  Commissioner Rodgers stated that when she first heard about the fact that this report did not reflect the actual cash amount in the bank accounts, the Managing Director made it sound like there was an additional pot of money that staff was unaware of and that the Board should consider using its own funds for the proposed “bonded” projects.  She stated that in reality, there really isn’t an “extra” pot of money, it has been there all along, just not reflected properly on the cash position report, is that correct?  Ms. Haves responded that was correct.

 

AGENDA ITEM #10A – LAKE LANSING ROAD CONSTRUCTION PROJECT.

 

Director of Engineering Bob Peterson informed the Board that the Lake Lansing Road construction project is no further ahead now than it was two weeks ago.  Apparently, the Miller easement has not been settled yet and the Agreement with the Drain Commissioner still has issues.  Mr. Peterson said that the contractor extended his bid prices until July 3rd and it appears he may have to be asked to yet again extend his prices.  Regarding the Agreement with the Drain Commissioner, Paul Pratt told Mr. Peterson that it is being reviewed by the Drain Commissioner’s legal counsel.  There are issues remaining on the language pertaining to the insurance requirements and invoicing and payment.  Mr. Peterson stated that the Drain Commissioner wants the following language added to the Agreement:  “The Drain Commissioner shall approve or reject construction draws and payment requests within three business days of receipt of same.”  Mr. Peterson said he cannot accept this wording.  The Board agreed, stating it would be willing to back off on the Road Commission’s requirement to have the money up front for the project, but it was not willing to put in the Agreement that the Drain Commissioner has the right to reject any requests for draw; and authorized Mr. Peterson to proceed accordingly.

 

AGENDA ITEM #10C – HAGADORN ROAD BRIDGE INTER-AGENCY AGREEMENT.

 

Director of Engineering Bob Peterson reviewed an Agreement with the City of East Lansing for extra items it requested as part of the Hagadorn Road Bridge replacement project.  Mr. Peterson recommended approval and signing of the Agreement.  Commissioner Rodgers asked that the Agreement be sent back to the City with a letter of appreciation.

 


RESOLUTION APPROVING THE HAGADORN ROAD BRIDGE INTER-AGENCY AGREEMENT WITH THE CITY OF EAST LANSING.

 

RESOLUTION #103-07

 

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 and signs an Inter-Agency Agreement with the City of East Lansing for work done during the Hagadorn Road Bridge replacement project on Hagadorn Road between the bridge and Grand River Avenue, which was not covered by the federal funding.

 

AGENDA ITEM #11A – MCRCSIP ANNUAL MEETING.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the Board appoint John W. Midgley as the voting delegate to attend the annual MCRCSIP meeting on July 18-19, 2007, at the Soaring Eagle Resort and Convention Center in Mt. Pleasant.

 

AGENDA ITEM #11B – SALE OF PROPERTY IN WILLIAMSTOWN TOWNSHIP.

 

Acting Managing Director Joe Pulver stated that in accordance with previous Board action in 2005, a vacant parcel of land owned by the Road Commission has been offered to, and accepted for purchase by, one of the adjacent property owners.  The parcel sold for $4,000, which has been received.  Mr. Pulver recommended that a Warranty Deed be executed by the Chair and Secretary.

 

RESOLUTION APPROVING SALE OF VACANT LOT IN WILLIAMSTOWN TOWNSHIP.

 

RESOLUTION #104-07

 

BE IT RESOLVED that upon recommendation of the Acting Managing Director, the Board approves the sale of a vacant lot in Williamstown Township to David Byers for the purchase price of $4,000.00, and authorizes the Chair and Secretary to sign a Warranty Deed, which shall be recorded with the Ingham County Register of Deeds.

 

AGENDA ITEM #11C – MDOT ENGINEERING REIMBURSEMENT.

 

Acting Managing Director Joe Pulver recommended the Board adopt the annual resolution certifying that we have employed a licensed professional engineer for the period July 1, 2006, through June 30, 2007.  Commissioner Rodgers stated to be sure and include all engineers employed by the Road Commission on the request form.

 

RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ANNUAL ENGINEERING REIMBURSEMENT REQUEST TO MDOT.

 

RESOLUTION #105-07

 

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

 

BE IT RESOLVED that upon recommendation of the Acting Managing Director, the Board authorizes the submittal of the annual engineering reimbursement request to MDOT certifying that the Road Commission has employed a licensed professional engineer for the period July 1, 2006, through June 30, 2007.

 


AGENDA ITEM #12A – COMMUNICATIONS.

 

1.            Commissioner Rodgers asked that the crash summary data for Okemos Road be forwarded to the Meridian Township Board of Trustees and note that the partnership of this project has accomplished its goals.

 

2.         Chair Smith reported on the MTA section meeting held June 26th. 

 

No public comment was received.  The meeting adjourned at 7:45 P.M.

 

 

 

                                                                                                                                                           

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