MINUTES EMMET COUNTY ROAD COMMISSION HARBOR SPRINGS, MICHIGAN

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1 MINUTES EMMET COUNTY ROAD COMMISSION HARBOR SPRINGS, MICHIGAN The met in regular session at their offices in Harbor Springs on December 21, The Chairman, Frank Zulski, called the meeting to order at 8:00 a.m. Commissioners Present: Frank Zulski, Leroy Sumner, and Larry Williams Staff Present: Brian Gutowski Engineer Manager, Brent Shank Operations Engineer, and Judy Fouch Clerk Guests Present: Gordon Kruskie Readmond Township, Edith Kruskie Island View Road; Gary Litzner Road Commission MINUTES: It was moved by Sumner, seconded by Zulski to approve the minutes of the regular meeting of December 7, ACCOUNTS PAYABLE: The List of Accounts Payable, Voucher No. 1251, checks numbering from No to No , in the amount of $635, was presented for approval. It was moved by Williams, seconded by Sumner to approve accounts payable for payment of the same. PAYROLL: Voucher No for Payroll No. 26, checks numbering from No to No , in the amount of $75, was presented for approval. It was moved by Sumner, seconded by Williams to approve payroll for payment of the same. NEW BUSINESS: a. There was some discussion on voting for the proposed CRAM amendment to the Constitution and Bylaws that would create a one time special assessment of $1, per Road Commission for lobbying efforts in 2013 for transportation funding enhancements. It was noted that every county is a member in response to Mr. Zulski s inquiry. It was moved by Sumner, seconded by Williams to approve the CRAM amendment to the Constitution and Bylaws for the one time assessment of $1, per Road Commission.

2 Page 2 NEW BUSINESS: b. It was moved by Sumner, seconded by Williams to sign the Title Sheets for the M 119 to Alanson Non Motorized Path and adopt the following resolution: RESOLUTION WHEREAS, a Non Motorized Trail Project (Petoskey to Alanson Rail Trail) has been designed along the MDNR owned former railroad corridor and U.S. 31 N. right of way from Bear Creek Township s Spring Lake Park northerly to Powers Road, along with other related work; and WHEREAS, all project required permits have been approved; and WHEREAS, the MDOT Transportation Enhancement Agreement has been approved; and WHEREAS, the MDNR Trust Fund Development Project Agreement is approved; and WHEREAS, the Surface Use Lease Agreement with the MDNR for use of the former railroad corridor property for trail construction and maintenance is approved; and WHEREAS, Emmet County has secured federal, local and state funding in excess of the current opinion of probable construction costs for the project with the following sources: 1. MDOT Transportation Enhancement $1,055, (70% Match) 2. Emmet County 452, (30% Match) MDNR Trust Fund 300, MDNR Recreational Trails Program 150, Local Revenue Sharing Board (Twp s) 15, DALMAC Fund via T.O.M.T.C. 10, The Community Foundation 7, Littlefield Township (as needed) 30, Emmet County Trails (as needed) 60, The current maximum funding is $1,507,145.00; and WHEREAS, the Emmet County Road Commission acknowledges that if bid prices through the MDOT bid letting procedure for the Petoskey to Alanson Rail Trail are over the available current maximum funding, as listed above, the additional funds required for the project are the responsibility of the applicant (Emmet County Road Commission) at the established 30% match rate; NOW THEREFORE BE IT RESOLVED that the Emmet County Board of Commissioners approve the Non Motorized Petoskey to Alanson Rail Trail Project on behalf of Emmet County, and hereby authorize moving forward with the public bid process through the MDOT Local Agency Programs.

3 Page 3 NEW BUSINESS, (Resolution) Continued: BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Michigan Department of Transportation in order to complete the public bid process for the project. PUBLIC COMMENT: Gordon Kruskie commented about overtime caused by the storm. ENGINEER MANAGER S REPORT: Mr. Gutowski mentioned that according to the Primary Road 5 Year Priority List, a lot of work was done last year but the overall rating went down from 4.92 to He noted that there is not enough money for general maintenance. He stated that crack sealing should be done on all #7 rated roads, but not all will be scheduled, the FAS Levering Road project and the BIA Levering Road project will improve the road from Pleasantview Road to Cross Village. Some complaints have been received on why some are done and not others, but it is due to asset management. A budget meeting will be held on December 31 st. OPERATIONS ENGINEER S REPORT: Mr. Shank stated that the last project was finished, which was the installation of the traffic signal at Pleasantview Road and Highland Park Drive. He also indicated that there was an error in the description of the Branch Road abandonment, so a new resolution is needed to correct the language in the description. It was moved by Zulski, seconded by Sumner to correct the resolution of November 9, 2012 in support of the abandonment of a portion of Branch Road, from 600 east of the centerline of Greenwood Road then east approximately 0.17 miles to the end, in Springvale Township, to read as follows: RESOLUTION WHEREAS, a petition was received from the Springvale Township Board in support of the abandonment of a portion of Branch Road, from 600 east of the centerline of Greenwood Road then east approximately 0.17 miles to the end, in Springvale Township; and WHEREAS, that section of road does not lead to any other public road and has only been used and maintained for driveway access for the adjoining landowner of that section of road; NOW THEREFORE BE IT RESOLVED, that the Emmet County Board of Road Commissioners determine it to be in the best interests of the public to absolutely abandon and discontinue as a public road, Branch Road, from 600 east of the centerline of Greenwood Road then east approximately 0.17 miles to the end, in Springvale Township, Emmet County.

4 Page 4 COMMISSIONERS REPORTS: Mr. Williams referred to the specifications on gravel as it pertains to intersections and questioned whether new gravel should include 50% of the adjoining radius. Mr. Gutowski indicated that they would have to look at the specs again, and Mr. Shank stated that it is already in the specifications. Mr. Zulski questioned why the insurance companies cannot offer new language to cover all unknowns relative to the permit system. Mr. Gutowski felt that language may have to be readopted for both sets of language in order to accommodate all. Gary Litzner entered the meeting at 8:30 a.m. He indicated that the membership approved the agreement between the Emmet County Road Commission and the Teamsters Local 214 for January 1, 2013 through December 31, NEW BUSINESS, Continued: c. It was moved by Sumner, seconded by Williams to adopt the agreement between the Emmet County Road Commission and the Teamsters Local 214 for the period of January 1, 2013 through December 31, UNFINISHED BUSINESS: a. It was moved by Zulski, seconded by Williams to extend the Engineer Manager s contract by one year with the same stipulation for wages and benefits as offered to the union, effective with the 2013 payroll year. b. It was moved by Sumner, seconded by Williams to approve the same wage and benefit proposal for the nonunion as offered to the union, effective with the 2013 payroll year. c. It was moved by Sumner, seconded by Williams to amend the Non Union Benefit Policy to incorporate employee contributions of 2% toward pensions, employee contributions for health insurance per PA 152, and lump sum employee payments.

5 Page 5 NEW BUSINESS, Continued: d. It was moved by Zulski, seconded by Williams to adopt the Resolutions for Changing MERS Benefits to incorporate changing the employee contribution rate to 2% for the Defined Benefit Plan for both divisions (Division 01 General and Division 10 Non Union), effective January 1, The resolutions are attached to the original minutes. ADJOURNMENT: There being no further business, Chairman Zulski adjourned the meeting at 8:40 a.m. Clerk of the Board Judy Fouch Date