Present: Russell Williams, Chairperson, David Hall, Vice Chairperson, Joseph Valente, Member, Neil Anderson, Member, and Darryll Sundberg, Member.

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1 Proceedings of a meeting of the Board of County Road Commissioners of Marquette County, Michigan held on Monday, February 20, 2012 at 6:00 p.m. EST at the Marquette County Road Commission Administrative Office. Present: Russell Williams, Chairperson, David Hall, Vice Chairperson, Joseph Valente, Member, Neil Anderson, Member, and Darryll Sundberg, Member. Absent: None. In Attendance: Jim Iwanicki, Mike Harrington, Mary Herman, Kurt Taavola, Randy Yelle, Peter VanSteen, Joe Stanley, William Carlson, Patti Manninen, Robert Therrian, Norman Holmes, Steve M of Wells Township, Bill Nordeen, Rhonda Boshears, Catherine Parker, Lonnie Katt, Pete LaRue, Donald Featherstone, Robert LaFave and Joan Terzaghi who recorded the minutes. 1. Call Meeting to Order/Pledge of Allegiance: Chairperson Williams called the meeting to order at 6:00 p.m. and led those present in the Pledge of Allegiance. 2. Agenda Approval: A motion was made by Comm. Sundberg, supported by Comm. Hall and unanimously carried to approve the agenda of the February 20, 2012 meeting. 3. Public Hearing STIP: Jim Iwanicki explained the STIP funding and the priorities recommended. He provided a listing and highlighted changes to previous years requests. It was noted there is approximately $700,000 per year available, which equates to approximately 2 miles of road per year. Chairperson Williams opened up the Public Hearing for STIP. Bill Carlson of Negaunee Township asked if County Road 550 will be added if additional funding is available. Jim Iwanicki stated that much work has been done to County Road 550 already and we would have to wait and see. Bill Nordeen of Forsyth Township asked if it will be possible to do more than a mile of County Road 557. Jim Iwanicki explained we would go as far as we can with the funds available, possibly 1.5 to 1.75 miles. Comm. Valente noted federal changes allowing carry-overs. Jim Iwanicki stated the state currently allows carry-overs but federal agencies are encouraging states to use funds up annually. If funds aren t used in other districts it is possible to transfer so there is a possibility of advancing a project from a year further down the list. Norm Holmes of Ely Township asked if traffic counters help in determining priorities. Jim Iwanicki indicated there are many factors considered.

2 There being no one else from the public wishing to address the Board, a motion was made by Comm. Valente, supported by Comm. Hall and unanimously carried to close the public comment. 5. Approval of the Minutes: A motion to approve the January 16, 2012 regular meeting minutes was made by Comm. Anderson, supported by Comm. Sundberg and unanimously carried. 6. Approval of the Accounts Payable, Payroll, Accounts Receivable and Financial Reports: A motion to approve the Accounts Payable through February 20, 2012 was made by Comm. Sundberg, supported by Comm. Anderson and unanimously carried. A motion to approve the January and February Payroll was made by Comm. Sundberg, supported by Comm. Anderson and unanimously carried. The Accounts Receivables list as of February 15, 2012 was provided to the Board as informational. No action was taken. Mary Herman discussed the January Financial Report and profit and loss statement. A motion was made by Comm. Sundberg, supported by Comm. Hall and unanimously carried to approve the January 2012 financial report. 7. Public Comment: Chairperson Williams opened this portion of the meeting to public comment. Catherine Parker reserved comment on item 9A. There being no further public comment, this portion of the meeting was closed. 8. Action Items: A. Approval of 2012 to 2016 STIP: Jim Iwanicki recommended approval of the 2012 to 2016 STIP as presented and discussed in the public hearing. A motion was made by Comm. Hall, supported by Comm. Valente and unanimously carried to approve the 2012 to 2016 STIP as presented. C. Flexible Spending Account Plan Document: Mary Herman presented the following resolution as prepared by the Commission s third party administrator, Kushner & Company, to the Board for consideration. She recommended adoption stating it is necessary because of new rules recently published by the IRS, DOL (Department of Labor), and DHHS (Department of Health and Human Services). MARQUETTE COUNTY ROAD COMMISSION FORMAL RECORD OF ACTION

3 The following is a formal record of action taken by the governing body of Marquette County Road Commission (the "Company"). With respect to the amendment of the Marquette County Road Commission (the "Plan"), the following resolutions are hereby adopted: RESOLVED: That the Plan be amended in the form attached hereto, which amendment is hereby adopted and approved; RESOLVED FURTHER: That the appropriate officers of the Company be, and they hereby are, authorized and directed to execute said amendment on behalf of the Company; RESOLVED FURTHER: That the officers of the Company be, and they hereby are, authorized and directed to take any and all actions and execute and deliver such documents as they may deem necessary, appropriate or convenient to effect the foregoing resolutions including, without limitation, causing to be prepared and filed such reports documents or other information as may be required under applicable law. A motion was made by Comm. Anderson, supported by Comm. Sundberg and unanimously carried to adopt the foregoing resolution. D. Local Bridge Program Priority List: Jim Iwanicki indicated that the deadline for submitting the application for the Critical Bridge Program is May 1 st. A priority list for 2011 indicating which bridges were funded for 2014 and a priority list for 2012 were presented to the Board for consideration. Staff recommended approval of the February 2012 Unfunded Bridge Priority List and submitting applications as indicated. A motion was made by Comm. Valente, supported by Comm. Sundberg and unanimously carried to approve as recommended. 4. Public Hearing Seasonal Road Status CR MP and CR MPA Jim Iwanicki noted that the request from residents of CR MPA is to remove it from the seasonal road designation. He stated the Road Commission has been working with Richmond Township and noted various improvements that would need to be done. Chairperson Williams opened up the Public Hearing for the Seasonal Road Status of County Road MP and County Road MPA. Lonnie Katt of Negaunee addressed the Board. He stated he strongly disagrees with the condition of County Road MPA, that it has no base and is a mud pit during various times of the year. He stated he has been asking for assistance for a long time including dust control and signage. He asked who is responsible for the cost of the improvements necessary. Jim Iwanicki stated there are three options between the Road Commission and Richmond Township; first being paving the road which would be a 60% (township)-40% (Road Commission) split if the Road Commission did the work. It would be 100% cost to the township if the Road Commission could not do the work. The second option would be to make the road ready-to-pave addressing drainage, adding pit-run and gravel, which would also be a 60%-40% split. The

4 third option would be a maintenance bond, also a 60%-40% split. The cost estimates have been sent to the township and no commitment has been received from the township. Mike McCann of County Road MP asked the Board what would happen if someone needed an ambulance there. He also stated that the Road Commission plowed when loggers were in the area but not for the residents of the area. Jim Iwanicki stated that people shouldn t be living on a seasonal road and that it is Road Commission policy to plow if there is a commercial interest on a non-priority basis. Donald Featherstone of County Road MPA addressed the Board. He stated he has been paying property taxes for many years at this address and hasn t seen any service, that the Seasonal Road sign is in the wrong place, and that he took the Road Commission s word that he d be taken care of. Jim Iwanicki indicated that the Road Commission operates on gas tax and not property taxes. He stated if Mr. Featherstone would like to see the records of where the sign was placed he is welcome to do so. Jim Iwanicki recommended the Board table their decision until a commitment is received from the township. He stated he would discuss the matter with legal counsel as to whether or not another public hearing would be necessary. A motion was made by Comm. Valente, supported by Comm. Hall and unanimously carried to table this issue until a response is received from Richmond Township. 8E. Sands Township Contracts CR NM, CR NB, CR ND, CR NT Contracts between the Road Commission and Sands Township for improvements to County Road NM, County Road NB, County Road ND and County Road NT were presented to the Board for consideration. A motion was made by Comm. Anderson, supported by Comm. Hall and unanimously carried to approve the contracts as presented and to authorize Jim Iwanicki and Mary Herman to sign all four contracts. F. FY 2011 Final Budget Amendment Mary Herman presented the Final 2011 Budget Amendment for Board consideration. It was noted this amendment spreads the fringe benefit and other distributive expenses to various budget line items as required by the State of Michigan, and does not represent a change in the final budget figure. A motion was made by Comm. Sundberg, supported by Comm. Anderson and unanimously carried to approve the Final FY 2011 Budget Amendment as presented.

5 G. Act 51 Report Mary Herman presented the FY 2011 Act 51 Report and Final Financial Statements for Board consideration. A motion was made by Comm. Sundberg, supported by Comm. Hall and unanimously carried to table the approval of these items until a work session could be held on Monday, February 27, 2012 at 10:00 a.m. H. Commercial Vehicle Mobile Phone Policy Mary Herman presented a Commercial Vehicle Mobile Phone Policy to the Board for consideration. She noted the laws have changed and this would only affect employees operating commercial motor vehicles during the course of their work. When not operating CMV s the current policy would apply. A motion was made by Comm. Valente, supported by Comm. Sundberg and unanimously carried to approve the CMV Mobile Phone Policy as presented. 9. Unfinished Business: A. County Road 595 Update: Minutes from the February 3, 2012, 595 Ad Hoc Committee meeting were presented for acceptance. A motion was made be Comm. Sundberg, supported by Comm. Anderson and unanimously carried to accept the minutes. Jim Iwanicki noted that Fred Stonehouse has been appointed by the Marquette City Commission to sit on this committee. Jim Iwanicki stated that many letters of support have been received and will be presented to the DEQ on Tuesday, February 21, Jim Iwanicki stated that the trip to Washington D.C. taken by himself, Comm. Anderson and Comm. Valente was positive. They were able to meet with three legislators or their staff. The three legislators are working on a joint letter of support. The MDEQ will be holding a Public Hearing for County Road 595 on Tuesday, February 21, 2012 at 6:00 p.m. at the Country Village Convention Center. Jim Iwanicki presented a letter from the Nature Conservancy opposing to Alternative 12A. He stated that this alternative is not being considered but all alternatives had to be in the application Catherine Parker of Marquette addressed the Board. She asked when the deadline for comments is. Jim Iwanicki noted that is set by the DEQ. B. Marquette Township Winter Maintenance: Jim Iwanicki noted that no progress has been made on this issue. C. Category A Grant County Road 601:

6 Jim Iwanicki stated that the application for County Road 601 and M-95 in Humbolt Township for Category A funds will be finished this week. He noted there are between $2.5 and $2.6 million available and County Road 601 is estimated at $1.9 million. D. Category A Grant County Road 565 and County Road 476 Jim Iwanicki stated that because CCI has cancelled their Iron Nugget Plant, this project is also cancelled. 10. Informational Items: A. US41 Corridor Report The current US41 agenda and minutes were provided for informational purposes. B. County Road 510 (Big Bay Area), County Road AAA: Kurt Taavola indicated a temporary driveway permit has been applied for and issued. C. Snowfall Data: Snowfall Data through January was provided for informational purposes. D. Township Relations: It was noted that new funding formulas introduced by the State could be detrimental to rural areas and that the Governor is expected to sign the law authorizing Counties to take over Road Commissions. E. CRAM 2012 Highway Conference: The registration information for the CRAM Highway Conference was provided for informational purposes. It was noted whoever is planning to attend should let Lisa Brogan know. 11. New Business: A. DeMarse Mail Box Issue: A letter was received by Kevin DeMarse and Amber Ostlund requesting reimbursement of the expenses paid to replace their mailbox post. A motion was made by Comm. Hall, supported by Comm. Sundberg and unanimously carried to approve this request as recommended. Jim Iwanicki stated a revised mail box replacement policy will be coming to the Board for consideration in the future. B. CRAM Board of Directors: A motion was made by Comm. Sundberg, supported by Comm. Hall and unanimously carried to vote for Douglas J. Mills for CRAM Board of Directors.

7 12. Late Additions: A. County Road CCK Abandonment Issue: An abandonment request received is being reviewed by legal counsel prior to a recommendation from staff. It was noted that a special meeting may be needed regarding this issue. B. MDOT Contract Guardrail Safety Projects: Contracts between Michigan Department of Transportation and the Marquette County Road Commission for the purpose of bridge approach guardrail upgrading work at various locations in the County were presented for Board consideration. Staff recommended approval of the following resolution. R E S O L U T I O N WHEREAS, the Board of County Road Commissioners wishes to enter into a construction agreement with the Michigan Department of Transportation for a Force Account project funded by the Federal STP Safety Funds, and WHEREAS, the Board of County Road Commissioners has approved this project to be the Bridge approach guardrail upgrading work and all together with necessary related work at the following locations: County Road GGA over Boise Creek, County Road 510 over the Big Garlic River, County Road 510 over Big Pup Creek, County Road 510 over the Yellow Dog River, and County Road KCI over Wilson Creek. NOW THEREFORE BE IT RESOLVED THAT, the Board of Marquette County Road Commissioners of Marquette County Michigan agrees to the terms of the contract as proposed by the Michigan Department of Transportation Contract number (MDOT Job Number , Control Section STH 52609), BE IT FURTHER RESOLVED THAT, Russell Williams, Chairperson and James Iwanicki, Engineer Manager are hereby authorized to sign the contract documents. A motion was made by Comm. Anderson, supported by Comm. Hall and unanimously carried to approve the foregoing resolution. 13. Correspondence: A. Letter from County Board County Road KK: A letter was received from the Marquette County Board requesting the Road Commission provide a scaled map showing easement boundaries for County Road KK. Jim Iwanicki indicated this will be delayed until the weather breaks so that center lines can be determined. B. Letter form Sands Township M-553:

8 A letter was received from Sands Township regarding safety issues on State Highway M-553 indicating they will be holding a meeting of concerned parties to discuss any changes that could be made. C. MDOT Category F Grant County Road 510 (Hardwood Lane to County Road 502): A letter was received from the Michigan Department of Transportation indicating that the application for TEDF Category F Grant was not approved. 14. Public Comment: Chairperson Williams opened this portion of the meeting to public comment. Gabriel Caplett of Skandia addressed the Board asking about the Category A funding for County Road 601 as to how much was available, how often that was available and what portion of County Road 601 is being done. He asked what the difference between Category A and Category F funds are. He also asked if County Road 510 would be considered if County Road 595 is not built. Nick Joseph of Marquette asked Jim Iwanicki to Scott Erbisch an update on the County Road KK survey. Norm Holmes asked that an intercom system be available for the public hearing Tuesday evening. There being no further public comment, this portion of the meeting was closed. 15. Adjournment There being no further business to discuss, a motion to adjourn was made by Comm. Hall, supported by Comm. Sundberg and unanimously carried at 7:10 p.m. ET. This is to certify that the minutes above were passed by a majority vote of the Board of County Road Commissioners of Marquette County, Michigan, at a meeting held on the 19 th of March 2012 and which was duly spread upon the minutes of said meeting, the record of which is on file at the office of said Commission at Ishpeming, Michigan. Lisa Brogan, Board Secretary

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