February 20 - Marquette County

Proceedings of a meeting of the Board of County Road Commissioners of MarquetteCounty, Michigan held on Monday, February 20, 2012 at 6:00 p.m. EST at the MarquetteCounty 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, NormanHolmes, Steve M of Wells Township, Bill Nordeen, Rhonda Boshears, Catherine Parker,Lonnie Katt, Pete LaRue, Donald Featherstone, Robert LaFave and Joan Terzaghi whorecorded 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 presentin the Pledge of Allegiance.2. Agenda Approval:A motion was made by Comm. Sundberg, supported by Comm. Hall andunanimously 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. Heprovided a listing and highlighted changes to previous years’ requests. It was notedthere is approximately $700,000 per year available, which equates to approximately2 miles of road per year. Chairperson Williams opened up the Public Hearing forSTIP.Bill Carlson of Negaunee Township asked if County Road 550 will be added ifadditional funding is available. Jim Iwanicki stated that much work has been doneto 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 amile of County Road 557. Jim Iwanicki explained we would go as far as we canwith the funds available, possibly 1.5 to 1.75 miles.Comm. Valente noted federal changes allowing carry-overs. Jim Iwanicki statedthe state currently allows carry-overs but federal agencies are encouraging states touse funds up annually. If funds aren’t used in other districts it is possible to transferso 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 determiningpriorities. Jim Iwanicki indicated there are many factors considered.

There being no one else from the public wishing to address the Board, a motion wasmade by Comm. Valente, supported by Comm. Hall and unanimously carried toclose the public comment.5. Approval of the Minutes:A motion to approve the January 16, 2012 regular meeting minutes was made byComm. Anderson, supported by Comm. Sundberg and unanimously carried.6. Approval of the Accounts Payable, Payroll, Accounts Receivable and FinancialReports:A motion to approve the Accounts Payable through February 20, 2012 was made byComm. 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 Boardas 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 andunanimously 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 anddiscussed in the public hearing. A motion was made by Comm. Hall, supportedby Comm. Valente and unanimously carried to approve the 2012 to 2016 STIPas presented.C. Flexible Spending Account Plan Document:Mary Herman presented the following resolution as prepared by theCommission’s third party administrator, Kushner & Company, to the Board forconsideration. She recommended adoption stating it is necessary because ofnew rules recently published by the IRS, DOL (Department of Labor), andDHHS (Department of Health and Human Services).MARQUETTE COUNTY ROAD COMMISSIONFORMAL RECORD OF ACTION

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 followingresolutions are hereby adopted:RESOLVED: That the Plan be amended in the form attached hereto, which amendment ishereby adopted and approved;RESOLVED FURTHER: That the appropriate officers of the Company be, and theyhereby 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 documentsas they may deem necessary, appropriate or convenient to effect the foregoing resolutionsincluding, without limitation, causing to be prepared and filed such reports documents orother information as may be required under applicable law.A motion was made by Comm. Anderson, supported by Comm. Sundberg andunanimously carried to adopt the foregoing resolution.D. Local Bridge Program Priority List:Jim Iwanicki indicated that the deadline for submitting the application for theCritical Bridge Program is May 1 st . A priority list for 2011 indicating whichbridges were funded for 2014 and a priority list for 2012 were presented to theBoard for consideration. Staff recommended approval of the February 2012Unfunded Bridge Priority List and submitting applications as indicated. Amotion was made by Comm. Valente, supported by Comm. Sundberg andunanimously carried to approve as recommended.4. Public Hearing Seasonal Road Status CR MP and CR MPAJim Iwanicki noted that the request from residents of CR MPA is to remove it fromthe seasonal road designation. He stated the Road Commission has been workingwith Richmond Township and noted various improvements that would need to bedone. Chairperson Williams opened up the Public Hearing for the Seasonal RoadStatus of County Road MP and County Road MPA.Lonnie Katt of Negaunee addressed the Board. He stated he strongly disagrees withthe condition of County Road MPA, that it has no base and is a “mud pit” duringvarious times of the year. He stated he has been asking for assistance for a longtime including dust control and signage. He asked who is responsible for the costof the improvements necessary.Jim Iwanicki stated there are three options between the Road Commission andRichmond Township; first being paving the road which would be a 60%(township)-40% (Road Commission) split if the Road Commission did the work. Itwould be 100% cost to the township if the Road Commission could not do thework. The second option would be to make the road “ready-to-pave” addressingdrainage, adding pit-run and gravel, which would also be a 60%-40% split. The

third option would be a maintenance bond, also a 60%-40% split. The costestimates have been sent to the township and no commitment has been receivedfrom the township.Mike McCann of County Road MP asked the Board what would happen if someoneneeded an ambulance there. He also stated that the Road Commission plowed whenloggers 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 isRoad Commission policy to plow if there is a commercial interest on a non-prioritybasis.Donald Featherstone of County Road MPA addressed the Board. He stated he hasbeen paying property taxes for many years at this address and hasn’t seen anyservice, that the “Seasonal Road” sign is in the wrong place, and that he took theRoad Commission’s word that he’d be taken care of.Jim Iwanicki indicated that the Road Commission operates on gas tax and notproperty taxes. He stated if Mr. Featherstone would like to see the records of wherethe sign was placed he is welcome to do so.Jim Iwanicki recommended the Board table their decision until a commitment isreceived from the township. He stated he would discuss the matter with legalcounsel as to whether or not another public hearing would be necessary.A motion was made by Comm. Valente, supported by Comm. Hall andunanimously carried to table this issue until a response is received from RichmondTownship.8E. Sands Township Contracts CR NM, CR NB, CR ND, CR NTContracts between the Road Commission and Sands Township forimprovements to County Road NM, County Road NB, County Road ND andCounty Road NT were presented to the Board for consideration. A motion wasmade by Comm. Anderson, supported by Comm. Hall and unanimously carriedto approve the contracts as presented and to authorize Jim Iwanicki and MaryHerman to sign all four contracts.F. FY 2011 Final Budget AmendmentMary Herman presented the Final 2011 Budget Amendment for Boardconsideration. It was noted this amendment spreads the fringe benefit and otherdistributive expenses to various budget line items as required by the State ofMichigan, and does not represent a change in the final budget figure. A motionwas made by Comm. Sundberg, supported by Comm. Anderson andunanimously carried to approve the Final FY 2011 Budget Amendment aspresented.

G. Act 51 ReportMary Herman presented the FY 2011 Act 51 Report and Final FinancialStatements for Board consideration. A motion was made by Comm. Sundberg,supported by Comm. Hall and unanimously carried to table the approval ofthese items until a work session could be held on Monday, February 27, 2012 at10:00 a.m.H. Commercial Vehicle Mobile Phone PolicyMary Herman presented a Commercial Vehicle Mobile Phone Policy to theBoard for consideration. She noted the laws have changed and this would onlyaffect employees operating commercial motor vehicles during the course oftheir work. When not operating CMV’s the current policy would apply. Amotion was made by Comm. Valente, supported by Comm. Sundberg andunanimously 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 werepresented for acceptance. A motion was made be Comm. Sundberg, supportedby Comm. Anderson and unanimously carried to accept the minutes. JimIwanicki noted that Fred Stonehouse has been appointed by the Marquette CityCommission to sit on this committee.Jim Iwanicki stated that many letters of support have been received and will bepresented to the DEQ on Tuesday, February 21, 2012.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 threelegislators or their staff. The three legislators are working on a joint letter ofsupport.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 toAlternative 12A. He stated that this alternative is not being considered but allalternatives had to be in the applicationCatherine Parker of Marquette addressed the Board. She asked when thedeadline 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:

Jim Iwanicki stated that the application for County Road 601 and M-95 inHumbolt Township for Category A funds will be finished this week. He notedthere are between $2.5 and $2.6 million available and County Road 601 isestimated at $1.9 million.D. Category A Grant County Road 565 and County Road 476Jim Iwanicki stated that because CCI has cancelled their Iron Nugget Plant, thisproject is also cancelled.10. Informational Items:A. US41 Corridor ReportThe current US41 agenda and minutes were provided for informationalpurposes.B. County Road 510 (Big Bay Area), County Road AAA:Kurt Taavola indicated a temporary driveway permit has been applied for andissued.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 bedetrimental to rural areas and that the Governor is expected to sign the lawauthorizing Counties to take over Road Commissions.E. CRAM 2012 Highway Conference:The registration information for the CRAM Highway Conference was providedfor informational purposes. It was noted whoever is planning to attend shouldlet Lisa Brogan know.11. New Business:A. DeMarse Mail Box Issue:A letter was received by Kevin DeMarse and Amber Ostlund requestingreimbursement of the expenses paid to replace their mailbox post. A motionwas made by Comm. Hall, supported by Comm. Sundberg and unanimouslycarried to approve this request as recommended. Jim Iwanicki stated a revisedmail box replacement policy will be coming to the Board for consideration inthe future.B. CRAM Board of Directors:A motion was made by Comm. Sundberg, supported by Comm. Hall andunanimously carried to vote for Douglas J. Mills for CRAM Board of Directors.

12. Late Additions:A. County Road CCK Abandonment Issue:An abandonment request received is being reviewed by legal counsel prior to arecommendation from staff. It was noted that a special meeting may be neededregarding this issue.B. MDOT Contract – Guardrail Safety Projects:Contracts between Michigan Department of Transportation and the MarquetteCounty Road Commission for the purpose of bridge approach guardrailupgrading work at various locations in the County were presented for Boardconsideration. 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 aconstruction agreement with the Michigan Department of Transportation for aForce Account project funded by the Federal STP Safety Funds, andWHEREAS, the Board of County Road Commissioners has approved this project tobe the Bridge approach guardrail upgrading work and all together with necessaryrelated 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 DogRiver, and County Road KCI over Wilson Creek.NOW THEREFORE BE IT RESOLVED THAT, the Board of Marquette CountyRoad Commissioners of Marquette County Michigan agrees to the terms of thecontract as proposed by the Michigan Department of Transportation Contractnumber 12-5049 (MDOT Job Number 108836, Control Section STH 52609),BE IT FURTHER RESOLVED THAT, Russell Williams, Chairperson and JamesIwanicki, Engineer Manager are hereby authorized to sign the contract documents.A motion was made by Comm. Anderson, supported by Comm. Hall andunanimously 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 RoadCommission provide a scaled map showing easement boundaries for CountyRoad KK. Jim Iwanicki indicated this will be delayed until the weather breaksso that center lines can be determined.B. Letter form Sands Township M-553:

A letter was received from Sands Township regarding safety issues on StateHighway M-553 indicating they will be holding a meeting of concerned partiesto discuss any changes that could be made.C. MDOT Category F Grant – County Road 510 (Hardwood Lane to County Road502):A letter was received from the Michigan Department of Transportationindicating 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 Afunding for County Road 601 as to how much was available, how often that wasavailable and what portion of County Road 601 is being done. He asked what thedifference between Category A and Category F funds are. He also asked if CountyRoad 510 would be considered if County Road 595 is not built.Nick Joseph of Marquette asked Jim Iwanicki to email Scott Erbisch an update onthe County Road KK survey.Norm Holmes asked that an intercom system be available for the public hearingTuesday evening.There being no further public comment, this portion of the meeting was closed.15. AdjournmentThere being no further business to discuss, a motion to adjourn was made byComm. Hall, supported by Comm. Sundberg and unanimously carried at 7:10p.m. ET.This is to certify that the minutes above were passed by a majority vote of the Board of County RoadCommissioners of Marquette County, Michigan, at a meeting held on the 19 th of March 2012 andwhich was duly spread upon the minutes of said meeting, the record of which is on file at the office ofsaid Commission at Ishpeming, Michigan.___________________________________________Lisa Brogan, Board Secretary