** APPROVED MINUTES **

 

 

Mason, Michigan

August 19, 2008

 

 

The Board of Ingham County Road Commissioners held a regular meeting on Tuesday, August 19, 2008, at 6:00 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:  William M. Conklin, Managing Director, Deborah L. Bellows, Secretary to the Board, Tina M. Henry, Finance Director, and James L. Charles, Interim Director of Operations.

 

Others Present:  Steven Hayward, Lansing Township DDA Director, Stanley Gilhool, Legal Counsel for Dart Container, Greg Barnett, AFSCME Local 1499 President and Western District employee, and Bryan Wieferich, AFSCME Local 1499 Chief Steward.

 

Absent & Excused:  Robert H. Peterson, Director of Engineering.

 

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

 

AGENDA ITEM #4 – EASTWOOD TOWNE CENTER PROJECTED GROWTH.

 

Lansing Township DDA Director Steve Hayward gave a PowerPoint presentation on the projected growth for the Eastwood Towne Center development in the Lake Lansing Road and Wood Street area.  Prospects include hotels, an inside water park, and conference center, among other possibilities.  Mr. Hayward said that the Coleman Road Extension is still on the table and funding possibilities are currently being discussed with DeWitt Township.

 

AGENDA ITEM #6 – CONSENT AGENDA.

 

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

 

A.         Agenda Item #7 – Minutes.

B.         Agenda Item #8 – Routine Permits.

C.         Agenda Item #10A – Accounts Payable.

D.         Agenda Item #11A – Agreement with Delhi Township for reimbursement of the Willoughby Road Pathway Enhancement costs.

E.         Agenda Item #11B – MDOT contract for Willoughby Road Pathway Enhancement project in Delhi Township.

F.         Agenda Item #11C – Final approval of Champion Woods PUD in Meridian Township.

G.         Agenda Item #11D – Final approval of Georgetown Subdivision Phase 2 in Meridian Township.

H.         Agenda Item #11F – Local Road Agreement with Vevay Township.

I.          Agenda Item #11G – Local Road Agreement with Lansing Township.

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #7 – Minutes.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the minutes of the meeting of August 4, 2008, be approved as presented.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #8 – Routine Permits.

 

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

 

08-0401 08-0404            08-0405            08-0406            08-0407            08-0408

08-0410 08-0411            08-0416            08-0418            08-0413            08-0414

08-0415 08-0419            08-0420            08-0421            08-0422            08-0423

08-0424 08-0425            08-0426            08-0428            08-0429            08-0412

08-0417 08-0427

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #10A – Accounts Payable.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the accounts payable for the two week period of July 21-August 3, 2008, totaling $266,282.69, be confirmed.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #11A – Agreement with Delhi Township.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that a Non-Motorized Pathway Agreement with Delhi Charter Township be approved for reimbursement of construction costs for the Enhancement project pathway along Willoughby Road through Maple Ridge Cemetery and Valhalla Park across Keller Road and west along Keller Road across Depot Street and along the west side of Depot Street across Delhi NE out to Holt Road.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #11B – MDOT Contract for Willoughby Road Pathway Enhancement.

 

RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR NON-MOTORIZED PATHWAY WORK ALONG HOLT ROAD LOCATED IN DELHI CHARTER TOWNSHIP.

 

RESOLUTION #075-08

 

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

 

WHEREAS, a Contract has been presented to the Board of Ingham County Road Commissioners for approval by and between the Michigan Department of Transportation (herein referred to as the Department) and the Board of Ingham County Road Commissioners (herein referred to as Requesting Party); and

 

WHEREAS, in said Contract the Department and the Requesting Party agree to the following improvements:

 

PART A – FEDERAL PARTICIPATION

 

Non-motorized pathway work along Holt Road from Depot Street to Willoughby Road, including tree removal, earthwork, and hot mix asphalt paving work, and all together with necessary related work.

 

PART B – NO FEDERAL PARTICIPATION

 

Contractor staking work for the non-motorized pathway along Holt Road from Depot Street to Willoughby Road, and all together with necessary related work.

 

WHEREAS, the Requesting Party is fully cognizant of the terms and conditions of the Contract as prepared and presented by the Department.

 

NOW THEREFORE BE IT RESOLVED that the Requesting Party authorizes its Chair and its Secretary to execute this Contract on behalf of the Requesting Party; and

 

BE IT FURTHER RESOLVED that the total estimated cost for this project is as follows:

 

Job Number 102208                          Control Section CM 33400

MDOT Contract No. 08-5292                   Project No. CM 0833(024)

Federal Item No. RR 6458                                    CFDA No. 20.205

 

ESTIMATED cost

 

CONTRACTED WORK

                                                                                    PART A            PART B            TOTAL

 

            Estimated Cost                                                  $546,400            $ 13,600            $560,000

 

COST PARTICIPATION

 

            Grand Total Estimated Cost                          $546,400            $ 13,600            $560,000

            Less Federal Funds   *                                   $437,200            $          0            $437,200

            Balance (Requesting Party’s Share)               $109,200            $ 13,600            $122,800

 

*  Federal Funds for the Part A portion of the Project are limited to an amount as described in Section 5.

 

NO DEPOSIT REQUIRED.

 

BE IT FURTHER RESOLVED that the Requesting Party has designated Mr. Richard Phillips as project engineer:

 

            Business Address:                    301 Bush Street, Mason, Michigan 48854

            Telephone Number:                   517/676-9722

 

            Agenda Item #11C – Final Approval of Champion Woods PUD.

 

RESOLUTION APPROVING THE FINAL PLAN OF CHAMPION WOODS PUD LOCATED IN MERIDIAN CHARTER TOWNSHIP.

 

RESOLUTION #076-08

 

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 Plan of Champion Woods Planned Unit Development located in Section 29 of Meridian Charter Township.  The developer is Scott Fairmont.

 

            Agenda Item #11D – Final Approval of Georgetown Subdivision Phase 2.

 

RESOLUTION APPROVING THE FINAL PLAT OF GEORGETOWN SUBDIVISION PHASE 2 LOCATED IN MERIDIAN CHARTER TOWNSHIP. 

 

RESOLUTION #077-08

 

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 Plat of Georgetown Subdivision Phase 2 located in Section 14 of Meridian Charter Township.  The proprietor is Louis J. Eyde. 

 

            Agenda Item #11F – Local Road Agreement with Vevay Township.

            Agenda Item #11G – Local Road Agreement with Lansing Township.

 

RESOLUTION APPROVING LOCAL ROAD AGREEMENTS WITH VEVAY TOWNSHIP AND LANSING CHARTER TOWNSHIP.

 

RESOLUTION #078-08

 

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 the following Local Road Agreements:

 

            A.            Local Road Agreement with Vevay Township for improvements on Diamond Road.

B.         Local Road Agreement with Lansing Charter Township for improvements on Boynton Drive.

 

AGENDA ITEM #11E – ABANDONMENT REQUEST FOR A PORTION OF HOGSBACK ROAD.

 

Attorney Stanley Gilhool was present representing Dart Container Company.

 

Managing Director Bill Conklin stated that the Hogsback Road right of way was dedicated to the use of the public prior to 1925, when the original Cedar Street construction (then called the Lansing-Jackson Road) was initiated using federal aid funding.  Back then, Hogsback Road meandered along the alignment of the M.E. Railroad, an inter-urban light rail (commuter) system that connected Lansing and Jackson.  Much of the Hogsback Road right of way was used for the new Lansing-Jackson Road project, but portions on the opposite side of the railroad from Cedar Street still exist today.

 

Mr. Conklin explained that the proposed abandonment extends from the south right of way line of Howell Road, southeasterly to a previously abandoned portion of Hogsback Road right of way fronting the Dart property at the interchange of US-127 and Cedar Street.  Dart Container has recently purchased the parcel (including residence) located at 494 North Hogsback Road and, therefore, now owns all of the Hogsback Road frontage from Howell Road to US-127.  The proposed road abandonment involves a narrow strip of right of way that is approximately 351 feet long and parallel with Cedar Street, as illustrated the Certificate of Survey provided.

 

Mr. Conklin said that the requested abandonment for this portion of the Hogsback Road right of way is no longer needed for public access or Road Commission use and he would, therefore, recommend approval of the abandonment.  He indicated that Vevay Township has indicated that the township board does not object to the abandonment.

 

Mr. Gilhool indicated that Dart’s intent is to tear down the existing house at 494 North Hogsback Road and construct a larger parking area.

 

Commissioner Rodgers stated that not having previously dealt with an abandonment request during her tenure on this Board, what is the process?  Mr. Peterson stated the Road Commission owns the road right of way and no longer deems it needed for public access.  He explained that by statute, Road Commission’s can abandon unused right of way to adjacent property owners, but cannot sell road right of way for profit.  The Road Commission has abandoned many unused road rights of way throughout the county over the last 35 years.  It is common practice.

 

RESOLUTION APPROVING ABANDONMENT OF HOGSBACK ROAD RIGHT OF WAY IN VEVAY TOWNSHIP.

 

RESOLUTION #079-08

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers.  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 Township of Vevay to abandon and discontinue the Hogsback Road right of way located northeast of the northeast right of way of Cedar Street and south of the south right of way line of Howell Road, in Section 6 of Vevay 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 Hogsback Road right of way located northeast of the northeast right of way of Cedar Street and south of the south right of way line of Howell Road, in Section 6 of Vevay Township, Ingham County, Michigan, and more specifically legally described as:

 

A parcel of land in the Northwest ¼ of the Northeast ¼ of Section 6, T2N, R1W, Vevay Township, Ingham County, Michigan, described as beginning at a point N88o20’23”W 1724.56 feet and S44o57’23”E 78.00 feet from the Southeast corner of Section 31, T3N, R1W, Alaiedon Township; thence S44o57’23”E 336.20 feet along the centerline of Hogsback Road; thence S10o28’41”W 22.62 feet; thence N44o57’23”W 366.21 feet to the South line of Howell Road; thence N87o43’23”E 25.33 feet to the point of beginning containing 0.15 of an acre more or less and subject to any easements or rights of way of record.

 

SHALL HEREBY NOW BE ABSOLUTELY ABANDONED AND DISCONTINUED; and

 

BE IT FURTHER RESOLVED that the Hogsback 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.

 

AGENDA ITEM #5 – MEETING WITH LABOR COUNSEL.

 

Moved by Commissioner Rodgers and Supported by Commissioner Guenther, that the Board enter closed session at 7:00 P.M. for the purpose of discussing pending labor contract negotiations and grievance mediations with its labor counsel, Peter A. Cohl.  Roll call vote:  Commissioner Smith, yes, Commissioner Guenther, yes, Commissioner Rodgers, yes.  3 yes, 0 no.  Motion carried unanimously.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the Board return to open session at 7:30 P.M.  Roll call vote:  Commissioner Smith, yes, Commissioner Guenther, yes, Commissioner Rodgers, yes.  3 yes, 0 no.  Motion carried unanimously.

 

RESOLUTION AUTHORIZING THE 2008 WAGE INCREASE FOR NON-BARGAINING PERSONNEL.

 

RESOLUTION #080-08

 

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

 

BE IT RESOLVED that the Board approves a two percent wage increase for 2008 for all non-bargaining employees.  This wage increase shall be retroactive to January 1, 2008.

 

AGENDA ITEM #9 – MANAGING DIRECTOR REPORTS.

 

Managing Director Conklin stated to the Board that in the very near future, he would be recommending filling two Assistant District Supervisor positions and two Class 3 positions, and other positions along the way.  He said that in light of comments made by Board members during previous hiring recommendations, he has reviewed the County’s and the Road Commission’s policies on hiring to be sure that the hiring process is done in accordance with those polices.  He stated that those policies also provide that the Road Commission will utilize the services of the County’s Human Resources Department to ensure recruitment of minorities for open positions.

 

Mr. Conklin said that for the assistant district supervisor positions, he has posted these positions internally only.  He said he feels he has the best pool of candidates internally based on years on the job and experience.  We have a fairly diverse work force and everyone who submitted a resume’ for these positions is being interviewed.  Mr. Conklin said that in the Board’s Equal Opportunity Employment Policy (#BP-290), under the section on Promotions, it states that the Board will encourage present employees to apply for open positions as they occur to provide upward mobility and still maintain an opportunity for any interested person to gain employment with the Road Commission.  He asked the Board if it is comfortable posting for the two assistant district supervisor position internally only, or would it prefer to advertise externally? 

 

Commissioner Guenther stated he is comfortable with posting internally only and that he feels the Road Commission has a good qualified pool of candidates.  He said he would always encourage promoting from within whenever possible.  Mr. Conklin stated he believes it helps organizational morale to promote from within.  Commissioner Guenther stated his employer always promotes from within because it causes too much upheaval and turmoil when they hire from the outside.

 

Commissioner Rodgers stated she favors career ladders within organizations.  However, if all positions are filled internally, a diverse pool of candidates weakens.  She stated that she feels that by only looking at an internal pool of candidates, it does not provide a diverse pool.  She stated, though, that she struggles with the question of diverse applicant pool versus career ladder.  She said she cannot answer the question one way or the other.

 

Commissioner Guenther stated that if he had wanted to get applicants from the outside for the assistant district supervisor positions, he would have given that directive months ago.  Mr. Conklin stated that ultimately, job openings will trickle down to getting applicants from the outside, thus being able to get a more diverse pool of applicants.

 

Commissioner Guenther stated there is no short term resolution to rectify a perceived non-diverse applicant pool for positions with the Road Commission, so any effort would certainly be welcome.  But, it does not happen overnight, it takes years.  He said he hopes that the Managing Director will strive to accomplish this, but also know at the same time that it can’t be done in the short term.  Commissioner Guenther stated he does not agree with having internal candidates competing with external candidates for the same positions.  We try our best to diversify, but since he has been here, he has come to realize that this type of work does not attract a very diverse pool of qualified applicants. 

 

Mr. Conklin asked if the consensus of the Board is to advertise externally for the assistant district supervisor positions.  Commissioner Guenther stated no, there is a good qualified pool of candidates internally who are all competing for the positions and they are all trying to shine.  To all of a sudden advertise externally would not be a good idea.  Commissioner Guenther asked Chair Smith if it was his impression that candidates would only be sought internally for the assistant district supervisor positions.  Chair Smith said yes.

 

Mr. Conklin asked the Board what documentation it would like to see when recommendations are brought forward for candidates.  The Board agreed it would like to see the resume’/application of only the person or persons being recommended and interview ratings, if any, as well as the recommending memo from staff.  Commissioner Rodgers stated she would also like to see the racial statistics for all applicants, including the assistant district supervisor positions.

 

Commissioner Guenther stated for the Class 3 positions, he realizes there are a considerable number of qualified candidates for these positions.  He would encourage interviewing at least ten applicants, more if necessary, in order to talk with a wider range of people.  He said he realizes ours are very sought after positions.

 

Mr. Conklin told the Board that while he does foster the goal for a diverse workplace; unfortunately, the interview panel is not allowed to see the racial statistics that applicants fill out.  Many of them do not fill out the form as it is strictly voluntary.  Applicants are called for interviews based solely on their qualifications.  It is nearly impossible to determine racial class in advance.

 

AGENDA ITEM #10B – 2007 ANNUAL FINANCIAL REPORT.

 

Director of Finance Tina Henry reviewed the Road Commission’s 2007 Annual Financial Report.  She recommended approval.  The Board indicated a few minor edits.

 

RESOLUTION APPROVING THE 2007 ANNUAL FINANCIAL REPORT.

 

RESOLUTION #081-08

 

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 Finance, the Board approves and signs the 2007 Annual Financial Report for the Ingham County Road Commission and authorizes its release for public inspection.

 

No public comment was offered.  The meeting adjourned at 8:15 P.M.

 

 

 

                                                                                                                                                           

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