Proceedings of a regular meeting of the Board of County Road Commissioners of Marquette County, Michigan held on Monday, September 21, 2009 at 6:30 p.m. Present: Darryll Sundberg, Chairperson, David Hall, Vice Chairperson; Joseph Valente, Member Russell Williams, Member, and Neil Anderson, Member Absent: none In Attendance: Jim Iwanicki, Kurt Taavola, Mary Herman, Mike Harrington, Dan Collins, Bruce Collins, Arnold Sirtola, Norman Holmes, Ernie Johnson, Joe Stanley, Anne Collins, Donn Collins, Noreen Collins, Paul Collins, Randy Girard, Jill Hamlin, Jonelle Collins, Kurt Collins, Jason Hamlin, Linda Winslow, Ryan Riipi, Bruce Enstrom, Gerry Corkin, Lyn Durant, Nick Joseph and Lisa Brogan who recorded the minutes 1. Call Meeting to Order/Pledge of Allegiance: Commissioner Sundberg opened the regular meeting at 6:30 p.m. and led those present in the Pledge of Allegiance. 2. Agenda Approval: A motion was made by Comm. Williams, was supported by Comm. Hall and was carried to approve the September 21, 2009 agenda. 3. Approval of Minutes: A motion to approve the minutes of the August 27, 2009 special meeting was made by Comm. Williams, was supported by Comm. Anderson and was carried. A motion to approve the minutes of the September 14, 2009 special meeting was made by Comm. Williams, was supported by Comm. Anderson and was carried. 4. Approval of the Accounts Payables, Payroll, Financial Reports & Budget Amendment: A motion to approve the accounts payables as presented was made by Comm. Valente, was supported by Comm. Anderson and was carried. A motion to approve the payroll as presented was made by Comm. Williams, was supported by Comm. Hall and was carried. A motion to approve the August financial reports made by Comm. Hall, was supported by Comm. Anderson and was carried. 5. Public Comment: Chairperson Sundberg opened this portion of the meeting to public comment. Ernie Johnson, Linda Winslow and Darlene Wiesinger reserved comment on item 8C. Bill LaBelle reserved comment on item 7F. Randy Girard reserved comment on item 8D. Ryan Riipi reserved comment on item 7I. Bruce Enstrom reserved comment on item 7I. There being no further public comment offered, this portion of the meeting was closed. 6. PUBLIC HEARING: FY2010 BUDGET: Chairperson Sundberg opened the public hearing to discuss the fiscal year 2010 budget at 7:10 p.m. Jim Iwanicki reported that the Marquette County Road Commission will spend over one million of the fund balance to maintain the same level of service as in fiscal year 2009. He also
reported that after fiscal year 2011, drastic changes may have to be made to the level of service provided by the Marquette County Road Commission. Commissioner Sundberg asked about State level impacts on the upcoming budget. It was reported that a decrease of less than 5% in MTF was accounted for in fiscal year 2010. Jim Iwanicki discussed some current legislative bills that would allow for some stop gap measures but if received, those funds would not be applied toward the operational costs; which is what is needed. There being no further public comment, this portion of the meeting was closed at 7:13 p.m. 7. Action Items: A. Spraying Policy: A motion to make an amendment to the spraying policy which would reflect the omission of the October 1 st start date and addition of satisfying the Marquette County Road Commission s request that financially reasonable or economical means of brush control are available. A motion to approve the spraying policy as presented was made by Comm. Williams, was supported by Comm. Anderson and was carried. The policy reads as follows: SPRAYING POLICY 1. Due to environmental and ecological concerns, the Marquette County Road Commission will not engage in the use of herbicides for spraying roadside vegetation. 2. If a request for permission to spray is received, the requesting party must first satisfy the Road Commission that no other financially reasonable or economical means of brush control is applicable. 3. A permit from the Road Commission is required prior to spraying 4. The applicant must furnish the Road Commission with the extent of the spraying program and the names of the chemical used along with the Material Safety and Data Sheets (MSDS) for all products used. B. MDOT Contracts No 09-99002 Amendment and Resolution: A motion to pass the resolution authorizing the Manager and Board Chairperson to sign the amended contract Number 09-9902 was made by Comm. Williams, was supported by Comm. Hall and was carried. The resolution reads as follows: WHEREAS, the Board of County Road Commissioners wishes to amend construction agreement 07-7436 with the Michigan Department of Transportation for a project funded by the Jobs Today Program, and WHEREAS, the Board of County Road Commissioners has approved the original project to be hot mix asphalt work along County Roads 492, 545, 557, 426, 426, 480, 550, 444; and all together with necessary related work, and WHEREAS, the amended portion is reflected in the CONTRACT TERMS in Contract 09-9902 with all other provisions in the original contract 07-7436 remaining in full force and effect, NOW THEREFORE BE IT RESOLVED THAT, the Board of Marquette County Road Commissioners of Marquette County Michigan agrees to the terms of the contract amendment as proposed by the Michigan Department of Transportation Contract number 09-9902 (MDOT Job Number 76706; 87607; 89849; 89850; 89551; 89857; 89858; 89859, Control Section EDDF 52555; STL 52087; STL 52071; STL 52008), C. MDOT Signal Energy Agreements M553/County Road 480, US41/County Road 551, M35/M553:
A motion to continue billing for energy at M553 at County Road 480, M553 at M35 and US41/M28 at County Road 551 at zero cost to the Marquette County Road Commission plus 8.5% overhead was made by Comm. Hall, was supported by Comm. Williams and was carried. D. Township Construction Bid Quarry Road, Sands Township: A motion to approve the Sands Township contracts for improvements to County Road Quarry Road was made by Comm. Anderson, was supported by Comm. Williams and was carried. E. Resolution for State Maintenance Contract: Jim Iwanicki reported that after three years of negotiations between CRAM and MDOT a three-year agreement has been met. He also discussed a pilot study of the costs of winter temps and further information regarding a winter letter of understanding will follow. A motion to authorize the Manager and Board Chair to sign the three year State Maintenance contract with the following options: James Iwanicki as Contract Administrator for Roads and Bridges, Mike Harrington as Foreman, Mary Herman as Assistant Contract Administrator, Costs will be based on 2080 hours per year, premiums according to our labor contract, 4 hours show up time, firm unit prices as determined by staff and attached to the signed contract, D2 5%, Option 2 Audit to group rate, Elects to have CEA, Share traffic control devices, receipt of the maintenance advance and 8.5% overhead rate was made by Comm. Williams, was supported by Comm. Hall and was carried. The resolution reads as follows: WHEREAS, the Michigan Department of Transportation has affirmatively found that contracting with the Marquette County Road Commission for the maintenance of State Trunk Line highways and bridges within their jurisdiction, is in the best public interest; and WHEREAS, the Michigan Department of Transportation and the Marquette County Road Commission mutually agree to work together to explore the potential for improving the efficiency of maintenance activities on State Trunk Line highways and bridges within their jurisdiction; and WHEREAS, the Michigan Department of Transportation and the Marquette County Road Commission will endeavor, whenever possible, to reduce overall costs of maintenance activities to the motoring public on State Trunk Line highways and bridges within their jurisdiction; and WHEREAS, 1925 PA 17 Section 2, MCL 250.62, authorizes the Michigan Department of Transportation to contract with the Marquette County Road Commission for the construction, improvement, or maintenance of State Trunk Line highways. The Michigan Department of Transportation subject to the approval of the State Administrative Board will do all acts or things necessary to carry out the purpose of 1925 PA 17 supra; and WHEREAS, the Board of County Road Commissioners of Marquette County has reviewed the terms of the contract and members of the CRAM and the CRAM Negotiating Committee have encouraged Road Commissions to approve the proposed contract BE IT FURTHER RESOLVED THAT Darryll Sundberg, Chairperson and James Iwanicki, Engineer Manager are authorized to sign the State Maintenance Contract. F. Crushing Gravel Bids: A motion to award the bid for crushed gravel to A Lindberg & Sons on their alternate bid of $3.10/ton from one of their pits within an approximate 4 mile radius of the county on a an all season road was made by Comm. Hall, was supported by Comm. Valente and was carried.
Bill LaBelle expressed a concern with materials from the Oliver Pit needing to be crushed. G. County Road 510 Hair Pin Gravel Pit Bid: Jim Iwanicki stated that the gravel pit land bid for land near County Road 510 has been received. He reported that the cost is too high at this time and staff will continue to look for opportunities for an economical gravel source in this area. H. 2010 Budget: A motion to approve the Fiscal Year 2010 budget as presented was made by Comm. Valente, was supported by Comm. Hall and was carried. 1. A motion to approve budget resolution #1 was made by Comm. Williams, was supported by Comm. Anderson and was carried. The resolution reads as follows: RESOLVED, by the Board of County Road Commissioners of Marquette County, Michigan that a General Appropriations Act be adopted for the County Road Fund for fiscal year 2010 providing for anticipated revenues, and estimated expenditures and projected beginning and ending available operating assets as presented in the attached 2010 Program Budget Summary. 2. A motion to approve budget resolution #2 was made by Comm. Williams, was supported by Comm. Hall and was carried. The resolution reads as follows: RESOLVED, by the Board of County Road Commissioners of Marquette County, Michigan that the Engineer-Manager be authorized to transfer up to 30% of the 2010 fiscal year s Primary Road Fund monies to the Local Road Fund, if necessary. 3. A motion to approve budget resolution #3 was made by Comm. Williams, was supported by Comm. Hall and was carried. The resolution reads as follows: RESOLVED, by the Board of County Road Commissioners of Marquette County, Michigan that the Engineer-Manager is designated as the Chief Administrative Officer, and the Finance and Office Manager is designated as the Fiscal Officer for the Marquette County Road Commission. BE IT FURTHER RESOLVED, that the Chief Administrative Officer is hereby authorized to transfer up to 5%, but not to exceed $15,000, on certain line items in the Program Budget without prior approval within the Board s General Appropriation Act for normal 2010 Road Commission operations, and BE IT FURTHER RESOLVED, that the Chief Administrative Officer shall report the line item transfer to the said Board for approval at the next regular meeting of said Board following the transfer. I. Pickup Truck Bids: Mike Harrington stated that the low bid on the Pickup truck bids was Fox Marquette. It was recommended that the bid be awarded to Fox Marquette for four F-150 trucks at $17,877 each for a total of $71,508 and one F-250 at $20,682 or one additional F-150 based on test rides by staff. A motion to approve the bid to be awarded to Fox Marquette for four F-150 trucks at $17,877 each for a total of $71,508 plus one F-250 at $20,682 (with an option for an F-150 based on test rides by staff) was made by Comm. Williams, was supported by Comm. Hall and was carried. J. Loader Bids: Jim Iwanicki reported on the last equipment meeting in regards to the purchase of a new loader. He stated that based on past experience with the manufacturers, manufacturer reputation and discussions with municipalities the committee did not recommend the purchase of the Case and Komatsu product. After consideration of the price difference,
the equipment committee and Jim Iwanicki recommended the purchase for the Deere 544K Loader from Nortrax without the tool option for $114,412.00. Ryan Riipi, Miller Bradford discussed cost savings as Miller Bradford was the low bid, service costs and equipment specifications. Bruce Enstrom, Fabco discussed the cost saving benefits over the life of the CAT 930H machine. Jason Whitaker, Nortrax discussed their low service costs and product support. A motion to award the bid to Nortrax for one John Deere 544K Loader for $114,412.00 was made by Comm. Williams, was supported by Comm. Hall and was carried. 8. Unfinished Business: A. County Road KK Abandonment: Jim Iwanicki stated that he has discussed the KK abandonment with attorney Ron Greenlee. In review of the procedure taken for the abandonment of County Road KK, attorney Greenlee stated that there were flaws and that the process being followed is not according to current statute. Jim Iwanicki stated that it was recommended by legal counsel that the Board make a motion stating the earlier motion made at the February 16, 2009 meeting was defective and ineffective based on advice from council and the that abandonment procedure be redone adhering to the state abandonment statute and that a public hearing be set for at least 60 days from today. Dan Collins asked if the public hearing would be held and what was the current status of all deed holders in this matter. A question regarding accessibility of the road was asked and the Board was asked about a sign at a new gate on the road. Gerald Corkin, County Commissioner stressed the importance of maintaining public access. Donn Collins requested the private signs be removed. Kurt Collis asked about registration of the deed. Nick Joseph, County Commissioner noted that a court case is likely in this situation and nothing will happen quickly. Dan Collins asked if an injunction could be done. After discussion, a motion was made by Comm. Valente, was supported by Comm. Anderson and was carried to move that the earlier motion made at the February 16,2009 Board meeting addressing the abandonment of a portion of County Road KK was defective and ineffective, based on advice from council and that the abandonment procedure be redone carefully adhering to the state abandonment statute and that a public hearing be set for December 1, 2009. After discussion, a motion to amend the public hearing date was made by Comm. Williams, was supported by Comm. Anderson and was carried. A motion to hold the public hearing for the County Road KK abandonment on Wednesday, December 2, 2009 at 6:30 was made by Comm. Hall, was supported by Comm. Williams and was carried. In order to get a larger venue, a meeting location will be announced at a later date. B. County Road 510 Bridge: Kurt Taavola reported that the County Road 510 Bridge project is progressing. There is an estimated finish date of November 2010. The bridge abutments are expected to be in place by November 2009 and the steel will be set in the spring. Commissioner Anderson asked about a letter that he received regarding surveying near the County Road 510 site. Jim Iwanicki said that staff would look into it. C. Ryan s Alley Project:
Jim Iwanicki stated that he has received some letters from Marquette Township and a citizen of Marquette Township regarding Ryan s Alley and there is no additional proposal information for the Board at this time. Ernie Johnson, Marquette Township spoke to the benefit of the Marquette County Road Commission participation in the Ryan s Alley project. Linda Winslow stressed the importance of this project in regards to drainage, traffic flow, transit routing by eliminating dead ends and the possibility of pedestrian pathways. Randy Girard discussed road connections and the Township may be able to increase their cost share but it would be difficult. Darlene Wiesinger, 2692 Center Street resident stated that she is in support of this project and urged paving in front of her home because of respiratory issues within her family. Russ Williams discussed his concern with the fiscal year 2010 budget, gravel not meeting the Marquette County Road Commission specifications and the possibility for a millage. A motion to support Marquette Township and provide funding for materials in the amount of $149,000 in fiscal year 2010 was made by Comm. Valente, was supported by Comm. Hall and was carried. D. Sweeping/Sand Pickup: Jim Iwanicki discussed street sweeping and sand pickup services. He reported that this is a difficult service for the Marquette County Road Commission to maintain as it is a low priority and based on lack of manpower and equipment it is becoming more difficult. Randy Girard, Marquette Township Supervisor stated that the township has gotten private bids for sweeping. 9. Informational Items: A. US41 Corridor: The September 8, 2009 minutes were included for informational purposes. B. Safety: Mike Harrington and Lisa Brogan discussed the upcoming Fall training to be held on October 27 th at the Ishpeming Township Hall and invited the Commissioners to attend. 10. New Business: A. Collective Bargaining/Negotiations: A motion was made by Comm. Hall, was supported by Comm. Williams and was carried to send a letter to the union officials in the interest of beginning the collective bargaining process. The use of County Attorney Gary Walker was discussed. B. Set Public Hearing for Avenue G and 5 th Street: A motion to hold a public hearing on October 19, 2009 at 7: 00 pm to discuss the Avenue G and 5 th Street project was made by Comm. Williams, was supported by Comm. Valente and was carried. 11. Late Additions: A. Title VI: A motion to approve and sign the Title VI resolution as required by the State of Michigan was made by Comm. Williams, was supported by Comm. Anderson and was carried. The resolution reads as follows: The Marquette County Road Commission is committed to ensuring that the fundamental principles of equal opportunity are upheld in all decisions involving our employees and contractors/consultants, and to ensuring that the residents of our county are afforded access to our programs and services.
The Board of Marquette County Road Commissioners designates the Finance and Office Manager as the Title VI officer with the responsibility of ensuring compliance with Title VI regulations in association with the Michigan Department of Transportation Title VI Department. The head of each department is responsible for ensuring that, within their department, no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Marquette County Road Commission program or activity on the grounds of race, color, national origin, income, sex, age, disability, or limited English proficiency. The Marquette County Road Commission assures all its programs and activities will be free from discrimination, whether those programs and activities are federally funded or not. Inquiries concerning the Marquette County Road Commission s policies, investigations, complaints, compliance with applicable laws, regulations, and concerns regarding compliance with Title VI may be directed to the Finance and Office Manager, Marquette County Road Commission, 1610 N. Second Street, Ishpeming, MI 49849, (906) 486-4491 ext.102. This policy statement will be circulated throughout the Marquette County Road Commission and included by reference in all contracts, agreements, programs and services administered by the Marquette County Road Commission. 12. Correspondence: A. County Road OE Letter to Mumpower: The letter to Ms. Mumpower regarding Valli Road was given for informational purposes. B. County Road GT Letter Mr. Maki: The letter from Mr. Dennis Maki regarding County Road GT Road 10, Ishpeming Township was given for informational purposes. C. Delta County Road Commission Resolution: The DCRC resolution urging additional State funding was given for informational purposes. 13. Public Comment: Chairperson Sundberg opened this portion of the meeting to public comment. Russ Williams stated that John Bruno has called him and is working on the speed limit request with state legislators at this time. Further information will follow. Mary Herman stated that she will be out of town for the October Board meeting but wanted to report that in response to the audit, the Marquette County Road Commission funds are now diversified and a full report will be provided to the Board with the September financials. Kurt Taavola discussed the 557 project bid opening and reported that Bacco is the low bid on that project. Arnold Sirtola discussed the benefit of using brine for dust control and putting a toll on roads as well as looking into timber sales tax for the roadways from the State of Michigan. Randy Girard thanks the Board for their assistance on the Ryan s Alley project. Bill LaBelle discussed the buyback option on purchasing equipment and attorney costs when dealing in negotitations. There being no further public comment to discuss, this portion of the meeting was closed.
14. Adjournment: There being no further business to discuss, the meeting was adjourned at 8:12 p.m.