**APPROVED MINUTES**

 

 

Mason, Michigan

June 10, 2008

 

 

The Board of Ingham County Road Commissioners met for a regular meeting on Tuesday, June 10, 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, Robert H. Peterson, Director of Engineering, and James L. Charles, Interim Director of Operations.

 

Others Present:  Dan Chapman, Engineering Department employee, Dale Arnett, Eastern District Supervisor, and Will White, Vice Chair-Meridian Township DDA.

 

Chair Smith called the meeting to order.

 

AGENDA ITEM #3 – LIMITED PUBLIC COMMENT.

 

1.         Will White, 2142.5 Hamilton Road, Okemos.  Mr. White stated he wanted to make a few comments.  Those being the following:

 

a.            Mr. White wanted to remind the Board of the Downtown Okemos DDA meeting on Thursday at 7:00 p.m.  This is a public informational meeting on the proposed Integrated Development Plan.  Input from the community is being sought.  There will also be questionnaires for the public to fill out.

 

b.            Mr. White said he is aware of the abandonment request submitted to the Road Commission by the residents of Cedar Bend Heights asking to abandon Methodist Street.  He said he thought it would be prudent for the Board to table action until the completion of the Integrated Development Plan.  Director of Engineering Bob Peterson stated the Petitioner has requested the Road Commission table consideration of the abandonment of Methodist Street until this Plan is completed.  Mr. White said he thinks the best use for that right of way would be for a pathway.  When the Road Commission abandoned Liverance Street a few years ago, the DDA lost its only access to the adjacent park property. 

 

c.            The stop locations on Hamilton Road.  Mr. White indicated the Board approved these two stop locations on a temporary basis two years ago.  The concern at the time was that there were no sidewalks and pedestrians were in danger walking along the roadway.  He said there are now sidewalks along the north side of the road and it is no longer dangerous.  He asked the Board to revisit this issue, especially since the Michigan State Police has stated these stop locations are illegal.  Mr. White said he had the letter from the Michigan State Police if the Board wanted him to share it.  He also stated he thinks these stop locations are a waste of motorists time, police time, and fuel, since there are no longer safety issues in this neighborhood.  Mr. White said in the 26 years that he has lived in this area, there have never been any accidents on this portion of Hamilton Road.  He also stated that the large sign, which was installed right next to his property, that says “speed kills” is truly overkill and the sign certainly does not contribute to the attractiveness of the downtown area.  Mr. White stated he is speaking strictly on a personal level, not on behalf of the DDA, of which he is Vice Chair.

 

d.            On behalf of the Okemos DDA, thank you for allowing them to plant the flowers in and around the roundabout area, and other locations around downtown.

 

AGENDA ITEM #5 – LATE ITEMS.

 

Managing Director Bill Conklin stated he had the following additions to the agenda:

 

1.         Add as Agenda Item # 7C, permit #08-0271 for a neighborhood picnic in Whispering Oaks Neighborhood in Meridian Charter Township.

 

2.         Add as Agenda Item #10B, review of the federal aid construction project bids received by MDOT on June 6th for the Okemos/Haslett Intersection Improvements, and the Barnes Road resurfacing project.

 

AGENDA ITEM #5 – CONSENT AGENDA.

 

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

 

1.         Agenda Item #6, Minutes of the meetings of May 13th and May 27th).

2.         Agenda Item #7A-C, Routine and special permits.

3.         Agenda Item #11A, Accounts payable.

4.         Agenda Item #11B, Local Road Agreement with White Oak Township.

5.         Agenda Item #11C, Annual Engineering Reimbursement request to MDOT.

 

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 meetings of May 13, 2008, and May 27, 2008, be approved as presented.  3 yes, 0 no.  Motion carried unanimously.

 

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

 

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

 

08-0181 08-0242            08-0243            08-0244            08-0245            08-0246

08-0247 08-0248            08-0249            08-0250            08-0251            08-0252

08-0253 08-0255            08-0257            08-0258            08-0259            08-0260

08-0261 08-0177            08-0203            08-0222            08-0254            08-0256

08-0264

 

Permit #08-0237 applied for by the Origami Brain Injury Rehab Center for the 6th annual Origami 5k run/walk/wheel fundraiser to be held on August 16, 2008.  The event is sanctioned by Alaiedon Township.

 

Permit #08-0239 applied for by the South Lansing Community Development Association for conducting the Hawk Island Triathlon to be held June 1, 2008.  The event is sanctioned by Lansing Charter Township.

 

Permit #08-0271 applied for by the Whispering Oaks Neighborhood Association for the annual end of school neighborhood picnic to be held on June 11, 2008.  The event is sanctioned by Meridian Township.

 

3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #11A – Accounts Payable.

 

Moved by Commissioner Guenther and Supported by Commissioner Rodgers, that the accounts payable for the two week period from May 12-25, 2008, be confirmed as follows:  check numbers #90843 through #90945, totaling $325,858.05.  3 yes, 0 no.  Motion carried unanimously.

 

            Agenda Item #11B – Local Road Agreement with White Oak Township.

 

RESOLUTION APPROVING LOCAL ROAD AGREEMENT WITH WHITE OAK TOWNSHIP.

 

RESOLUTION #050-08

 

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 and signs a Local Road Agreement with White Oak Township for 2008 improvements on Cooper Road between M-52 and Dietz Road.

 

            Agenda Item #11C – Annual Engineering Reimbursement Request to MDOT.

 

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

 

RESOLUTION #051-08

 

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 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, 2007, through June 30, 2008.

 

AGENDA ITEM #4 – PRESENTATION OF THE 2007 AUDIT REPORT.

 

Mr. Steven Kirinovic of Abraham & Gaffney had an appointment with the Board at 6:30 p.m., at which time he presented the Board with the report on the audited financial statements of the Road Commission for 2007.

 

Mr. Kirinovic stated there are no outward changes with the audit and the Road Commission’s financial statements for 2007 are in good order.  He said the Road Commission staff was cooperative, helpful and assisted his office with everything they asked for.  Mr. Kirinovic reviewed the highlights of the audit report.

 

Commissioner Guenther asked if staff was currently working on the policies that the auditors have recommended be in place.  Mr. Kirinovic said he has furnished Mr. Conklin with sample policies.  Mr. Conklin said he would have the policies ready for consideration by the Board at a near future meeting.

 

RESOLUTION ACCEPTING THE AUDIT REPORT FOR THE ROAD COMMISSION’S FINANCIAL STATEMENTS FOR 2007.

 

RESOLUTION #052-08

 

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

 

BE IT RESOLVED that the Board accepts the report of the audited Road Commission financial statements of the governmental activities and the major fund of the Ingham County Road Commission for the year ended December 31, 2007, as prepared by Abraham & Gaffney, P.C., Certified Public Accountants.

 

AGENDA ITEM #11 – MANAGING DIRECTOR REPORTS.

 

1.         The damage from this past weekend’s storms has been quite costly.  Crews were out working all weekend.  Labor costs for the three days was $11,000.  It will take most of this week to complete the cleanup work.  Mr. Conklin commended the Road Commission crews and supervisors for the exceptional response to the weekend’s storm emergencies.

 

Interim Director of Operations Jim Charles reported that as of 4:30 this afternoon, all of the Road Commission’s traffic signals are up and running.  Many of them were out over the weekend with the many areas of the county out of power.  The area north of Haslett Road was hit the worse and it will take five to seven days to complete the cleanup efforts.  He reported that we need to get in and shape our gravels for the next few days in preparation of the brine application coming on Thursday.  Mr. Charles said we are also getting ready to start the chip seal program right after the 4th of July holiday.

 

Mr. Charles stated that the City of Lansing has declared a State of Emergency and the City’s Emergency Operations Center has requested help for storm cleanup in the form of 15 five-person forestry teams consisting of trucks to haul wood away, clam-shell trucks, saws, and saw operators.  Crews must be self-sufficient.  The duration of help needed is for a six week period.  The help is sought through the City Mutual Aid Agreement for services.  Mr. Charles said he was told that the Road Commission is not actually a party to this Mutual Aid Agreement, but it is with the County of Ingham and the City of Lansing-Emergency Operations Center; which includes county entities like the sheriff’s department.

 

Mr. Charles said he has had conversation with Sgt. Mike Perez, who heads up Homeland Security for Ingham County.  This Friday is Sgt. Perez’s last day with the Sheriff’s Department, and Sgt. Robert Ott will be taking over Homeland Security from there. 

 

Mr. Charles indicated that as of today, he does not have any extra people or equipment that the Road Commission can spare to help the City of Lansing.  He indicated our hands are full with our own storm damage cleanup.  There are trees down throughout the county.

 

Commissioner Guenther suggested they be told that we have our own cleanup to do and 16 townships to take care of and we just cannot spare equipment or operators.  Chair Smith said he thinks there could be a problem with Union jurisdiction too; since the City of Lansing employs UAW members and the Road Commission’s employees are affiliated with AFSCME.

 

Mr. Charles said he would report to Sgt. Ott that the Road Commission just does not have available manpower or equipment right now.  Chair Smith stated that the Road Commission would certainly expect to be reimbursed for anyone it did send, but the Union jurisdiction question would have to be settled first.

 

Commissioner Guenther stated he had received several calls from people who were very impressed with how the Road Commission responded over the weekend and got things done.

 

Mr. Charles said we currently have just two roads closed.  Clement Street north of St. Joe is closed due to power lines being tangled in the trees.  The residents have power, so this is not a high priority for Consumers Energy right now.  Also, Wilgus Road east of Williamston where power lines are down in the road.  Consumers Energy delivered new poles to the area today and the road should be open by Thursday.

 

2.            Managing Director Bill Conklin stated the OPEIU labor contract has been signed by the Union negotiating committee and Mr. Strachan.  He asked that the Board sign as well.  The new contract was approved by the Board at a previous meeting.

 

 

AGENDA ITEM #9A – AWARD OF PROPOSAL #1530.

 

Interim Director of Operations Jim Charles reviewed the recommendation for award of Proposal #1530 for two tandem axle trucks.  He said the low bid price is $108,862 under budget, but this amount will be used to purchase the equipment for the trucks, such as underbody blades, boxes and the hydraulic systems.  Commissioner Guenther asked if these prices include the upgrade to the steering axles.  Mr. Charles said yes, we need the heaviest we can get, but only for the tandems.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1530 FOR TWO TANDEM AXLE TRUCK CHASSIS.

 

RESOLUTION #053-08

 

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 Director of Operations, the Board authorizes award of Proposal #1530 for two tandem axle truck chassis to the low bidder, D&K Truck Company of Lansing for two 2009 Freightliners at a cost of $75,569.00 each.

 

AGENDA ITEM #9B – PROPOSAL #1531.

 

Interim Director of Operations Jim Charles reviewed the recommendation for award of Proposal #1531 for one single axle truck chassis.  Mr. Charles recommended award to the low bidder, D&K Truck Company of Lansing for one 2009 Freightliner.  He indicated the low bid is $36,171.00 under budget, but this amount will be used to purchase the equipment for the trucks, such as underbody blades, boxes and the hydraulic systems.

 

RESOLUTION AUTHORIZING AWARD OF PROPOSAL #1531 FOR ONE SINGLE AXLE TRUCK CHASSIS.

 

RESOLUTION #054-08

 

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 Director of Operations, the Board authorizes award of Proposal #1531 for one single axle truck chassis to the low bidder, D&K Truck Sales of Lansing, for one 2009 Freightliner, for a cost of $63,829.00.

 

AGENDA ITEM #10A – DRIVEWAY VARIANCE REQUEST FOR McDONALD’S RESTAURANT.

 

Director of Engineering Bob Peterson stated the Road Commission has received a request for a driveway variance for the installation and replacement of a commercial driveway for the McDonald’s Restaurant located on Cedar Street in Holt. 

 

Mr. Peterson said the site has approximately 299 feet of road frontage along Cedar Street with two existing drive openings.  The proprietor has proposed relocating the south drive using an MDOT type “M” opening, 33 feet north of its current location.  The new drive configuration will be spaced 84 feet apart, near edge to near edge, and 140 feet north of Delhi Commerce Drive.  In accordance with Road Commission commercial drive standards, the spacing required for a road with a posted speed limit of 35 mph is 150 feet.

 

Mr. Peterson said there are many commercial driveways along the corridor of Cedar Street that do not currently meet the Road Commission’s required spacing standard.  The relocation of the south drive to the north represents an improvement for traffic flow at the intersection of Cedar Street and Delhi Commerce Drive, and is a benefit to the Road Commission.  There will not be any further work within the public right of way.

 

Mr. Peterson stated that the southern most driveway is intended to be the main entrance to the restaurant.  Drive-through patrons are encouraged to drive around the building, pick-up their food, and exit at the north drive.  Commissioner Guenther stated that left turns from either drive can be difficult, but when the signal is installed at Cedar Street and Delhi Commerce Drive, patrons can use the signal to make a left turn.  But, McDonalds will need to install internal signage to direct patrons to the Delhi Commerce Drive exit.  Commissioner Guenther asked who is responsible for the internal signing.  Mr. Peterson said that is left to the proprietor, but the Road Commission could ask the township to require those movements and proper signing through their permitting process.  The Board asked Mr. Peterson to recommend to the Township that it require those traffic movements and proper signage through their permitting process.

 

RESOLUTION APPROVING THE REQUEST OF McDONALD’S RESTAURANT FOR A COMMERCIAL DRIVEWAY SPACING VARIANCE AT ITS LOCATION ALONG CEDAR STREET IN DELHI CHARTER TOWNSHIP.

 

RESOLUTION #055-08

 

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 a variance to its commercial driveway spacing requirements as depicted on the site plan dated May 24, 2008, for the McDonald’s Restaurant located along Cedar Street in Delhi Charter Township.

 

AGENDA ITEM #10B – FEDERAL AID CONSTRUCTION PROJECT BIDS.

 

Director of Engineering Bob Peterson explained to the Board that MDOT held a bid letting on June 6th which included our Barnes Road project and our Haslett Road at Okemos Road Intersection project.  About a quarter of the 76 projects in the bid letting came in significantly over the Engineer’s Estimate, including both of our projects. 

 

Mr. Peterson stated that project bids that come in significantly over the Engineer’s Estimate (10% or higher), must be evaluated and the cost overage justified.  In addition, the local agency, Ingham County Road Commission in this instance, must assure MDOT that it has the additional funding to go forward with the project.  Once the costs are justified and the additional funding is assured, each project goes before the State Administrative Board for approval, and is then awarded to the responsible low bidder. 

 

The low bid for the Barnes Road project is $686,237.13, significantly higher than the Engineer’s Estimate of $571,154.50.  The low bid for the Haslett-Okemos Intersection Improvement project is $455,231.60, which is also significantly higher than the Engineer’s Estimate of $371,502.00.  The combined total difference is $140,779.03.

 

Mr. Peterson stated that both project overages are due to dramatic increases in asphalt prices and across the board increases for running equipment with $4.00 a gallon for fuel.  The Barnes Road project utilizes Rural STP funding that has an 80/20 federal to local funding split.  Therefore, 80 percent of the overage ($53,247.43) is covered by federal funding.  The Haslett at Okemos Road Intersection project utilizes Congestion Mitigation and Air Quality (CMAQ) funding that is capped at $286,400.  Therefore, 100 percent of the overage ($87,531.60) must be covered by the local agency (ICRC).

 

Mr. Peterson continued that the State Administrative Board meets June 17, 2008, and the justification letters and local agency commitment for additional costs must be submitted by Monday, June 16th.  The State Administrative Board’s July 1, 2008, meeting will likely be cancelled due to the holiday.  If we wait to consider this issue at the Road Commission’s next Board meeting on June 24th, then it will not be considered by the State Administrative Board until late July, which will then delay the projects by at least a month.

 

Mr. Peterson recommended that the Board consider approving the project bids and allocate an additional $141,00 of Road Commission funding from the uncommitted General Fund balance reserved for primary roads and authorize staff to proceed with the projects.  The General Fund reserved for primary road expenditures had a $3.157 million balance at the end of fiscal year 2007 and can provide ample funding for the additional dollars needed for these projects.

 

Chair Smith asked what would happen if the Board were to reject the bids and ask MDOT to re-bid the projects?  Mr. Peterson said it would very likely not change a thing, possibly higher prices would be obtained.  Commissioner Guenther asked where these additional costs could be made up.  Mr. Peterson stated normally some of the work could be eliminated within the project, but these two projects are pretty straight forward, bare-bones projects now and there isn’t much room for cutbacks.

 

Commissioner Rodgers expressed her opinion that the Road Commission’s function is to repair and maintain roads and she feels that these funds need to be spent in order to accomplish that.  This Board has to be accountable to the public and how its money is spent.  She stated that while she does not want to stress the budget, the money in the General Fund is reserved for primary road expenditures and cannot be used for anything else.  Therefore, she said she feels it is in the best interest of the Road Commission and the public, to authorize the additional funding needed for the local share of these two projects.

 

Commissioner Guenther agreed, stating that he believes gas prices, along with everything else, can be expected to go anywhere but down.  Commissioner Rodgers said we have many roads that need repair and we need to concentrate on that.  She also commented that she does not want to utilize the unrestricted funds unless absolutely necessary.

 

Managing Director Bill Conklin reminded the Board that he had mentioned at the May 13th meeting that he has two primary road projects that he wants to make improvements to this summer.  Those are Grand River Avenue between M-52 and Elm Road, estimated at $300,000 and Marsh Road from the Clinton County Line to Towner Road in conjunction with a project on Marsh Road being done by the Clinton County Road Commission this year.  The estimate for this project is $65,000.  He said that funding from the primary road fund would be used for these projects.  Mr. Conklin stated he would bring these projects to a future meeting for Board consideration.

 

Chair Smith asked when the Board would see the list of roads that need repair work?  Mr. Conklin said the list of roads to get a hot asphalt pad, and the roads to be chip sealed will be provided by the next meeting. 

 

RESOLUTION ACCEPTING THE BIDS RECEIVED BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR THE BARNES ROAD PROJECT AND THE HASLETT ROAD AT OKEMOS ROAD INTERSECTION IMPROVEMENT PROJECT FOR 2008.

 

RESOLUTION #056-08

 

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

 

BE IT RESOLVED that upon recommendation of the Managing Director and the Director of Engineering, the Board hereby acknowledges that the bids received by the Michigan Department of Transportation (MDOT) on June 6, 2008, for the 2008 Barnes Road project, utilizing Rural STP funding, and for the 2008 Haslett Road at Okemos Road Intersection improvement project, utilizing Congestion Mitigation and Air Quality (CMAQ) funding, are more than 20 percent higher than the Engineer’s Estimate.  The Board also acknowledges that the combined overage for these two projects is $140,779.03 in local share costs and that funds from the Road Commission’s fund balance designated for primary roads will be used to cover the overage for these projects.  The Board hereby authorizes staff to notify MDOT to proceed with award of the contracts for these projects.

 

AGENDA ITEM #12 – BOARD UPDATES/COMMENTS.

 

A.            Commissioner Rodgers said she read the County Services minutes that were provided for information in the Board packets referencing a power point presentation by Lansing Township DDA Director, Steve Hayward, regarding proposed development in and around the Eastwood Town Center.  She asked if Mr. Hayward could be invited to a future meeting to show the presentation to this Board.  Board Secretary Deborah Bellows was asked to contact Mr. Hayward and set up a time at a future meeting for this power point presentation.

 

B.            Commissioner Guenther said he wanted to thank all of the crews for the fine job in cleaning up storm damage over the past weekend.  He said the response time and cleanup efforts were quite impressive.

 

No additional public comment was offered.  The meeting adjourned at 7:00 P.M.

 

 

 

                                                                                                                                                           

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