March 23, 2004 | Barry County Road Commission

The regular meeting of the Barry County Road Commission was called to order at 9:00 A.M. by Chairman Willcutt.

Members present: Willcutt, Pashby, Dykstra, and Managing Director Brad Lamberg.

The agenda for March 23, 2004 was approved.

The minutes of March 9, 2004 was approved as read by the Secretary.

Motion by Commissioner Pashby seconded by Commissioner Dykstra to approve the payroll for payment.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

CHECK NAME AMOUNT

Barry County Road Commission $74,312.44

Motion by Commissioner Dykstra seconded by Commissioner Pashby to approve the bills for payment.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Check Name Amount

15329 AFLAC $114.00

15330 HUBBARD SUPPLY COMPANY $75.76

15331 NAPA AUTO PARTS $408.62

15332 PRIORITY HEALTH $1,013.63

15333 ALLTEL $178.70

15334 ALLIED TRUCK EQUIP $385.92

15335 ALRO STEEL CORPORATION $1,075.91

15336 AUTO INTERIORS $235.00

15337 BARRY COUNTY LUMBER $37.92

15338 BEAVER RESEARCH COMPANY $49.00

15339 BESCO WATER TREATMENT INC $92.36

15340 BILL SEIF CHEVROLET-BUICK INC $11.18

15341 BRAD LAMBERG $182.70

15342 CALLENDER & DORNBOS $705.74

15343 CONTROL COMMUNICATIONS $381.00

15344 CONTRACTORS MACHINERY $1,935.32

15345 COUNTY ROAD ASSOCIATION $225.00

15346 DUTHLER TRUCK CENTER $495.00

15347 FIDELITY INVESTMENTS $5,223.92

15348 CHRIS BEBEAU BCRC $70.40

15349 GOLDSWORTHY’S INC $165.83

15350 GOOD GMC $17.13

15351 W.W. GRAINGER, INC $237.96

15352 GUARDIAN ALARM COMPANY $80.00

15353 HASTINGS MAXI MUFFLERS $151.90

15354 HELP NET $347.87

15355 HODGES JEWELRY $63.00

15356 HUBBARD SUPPLY COMPANY $464.93

15357 JAS NETWORKS INC $123.45

15358 JERRYS TIRE SERVICE $783.13

15359 KENT OIL COMPANY, INC. $10,118.90

15360 KETCHUM MACHINE CO $112.00

15361 F.D. LAKE COMPANY $76.58

15362 LJ FLUID POWER INC $135.00

15363 LTAP/MTU $215.00

15364 M&K QUALITY TRUCK CENTER $163.58

15365 MICHIGAN CONTRACTOR & BLD $169.00

15366 MICHIGAN COMPANY INC $173.16

15367 MICHAEL R KLUCK & ASSOCIATES $496.14

Check Name Amount

15368 MIDWEST ARBORIST SUPPLIES $338.70

15369 MODEL COVERALL SERVICE $32.50

15370 NAPA AUTO PARTS $282.37

15371 NBT SCREEN PRINTING $46.00

15372 NEXTEL COMMUNICATIONS $266.86

15373 PRIORITY COLLISION CENTER $1,828.00

15374 PRIORITY HEALTH $17,551.42

15375 PROFESSIONAL BENEFITS SERVICES $5,344.00

15376 PURITY CYLINDER GASES INC $218.39

15377 QUALITY STAFFING SOLUTION $2,214.45

15378 QUILL CORPORATION $389.05

15379 ROAD EQUIPMENT PARTS $243.79

15380 ROB HEWLETT $20.00

15381 ROGER PASHBY $96.57

15382 RXOPTICAL $56.00

15383 S A E INDUSTRIES, INC $214.31

15384 SMITH HAUGHEY RICE & ROEGGE $272.00

15385 STATE WIRE & TERMINAL $329.80

15386 USPS-HASLER $300.00

15387 VALLEY TRUCK PARTS, INC $56.00

15388 VERNS REPAIR & SPORT $42.50

15389 WOODLAND INTERNATIONAL TRUCKS $697.50

Grand Total: $57,831.85

Motion by Commissioner Pashby seconded by Commissioner Dykstra to accept a resolution from Irving Township.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

We would like to proceed with the following:

Fighter Road 1.24 (Sisson Road to Village Limits) $7650

Robertson Road .16 (900′ of Parmalee to Private Road) $900

Fighter Road .4 (Kaiser Road to Ryan Road) I think Dick said that would $3400

Dust Control – 26% – Passes as recommended but 2 times per year. The first application to occur the end of May and the second to occur the end of July.

Gravel as recommended.

I am interested in participating in speed limits.

Wondering if there’s a less expensive means of accomplishing the following: (no widening or removal of trees??)-

Wing Road in its entirety

An approach on Ryan going into Woodschool (like what’s at the hall to help keep gravel out of the intersection). Approaches anywhere Solomon meets pavement including the entire .33 between Grange and State. An approach on Barnum where it comes into State Road.

Jim Brown and Jim Carr discussed a pooling of Township funds to be used by the whole group for different road projects.

Motion by Commissioner Pashby seconded by Commissioner Dykstra; to authorize Chairman Willcutt to sign the annual Act 51 Certification Maps to be sent to the Michigan Department of Transportation, and to approve the following changes to the 2004 County Wide Certification:

Add 0.03 miles to Dulls Plat in Castleton Township, Section 30; map #5-30, to correct error.

Remove 0.02 Miles of Mill Street in Castleton Township, Section 29; Map #5-29, From Thornapple Lake Road to dead end. To correct error.

Remove 0.16 Miles of Trails End in Orangeville Township, Section 4; Map #11, Town line to end of maintenance. To correct error.

Remove 0.09 Miles of McKibben Road in Orangeville Township, Section 1, 2, 11 & 12, Map # 11, From Town line to west bound Mullen Road. To correct error.

Remove 0.10 Miles of McKibben Road in Orangeville Township, Section 11 & 12, Map #11, from west bound Mullen Road to dead end. To correct error.

Add 0.17 Miles of 9 Mile & South Damon Road in Orangeville Township, Section 20; Map #11, From Marsh Road to Lindsey Road. To correct error.

Remove 0.17 Miles of 9 Mile in Orangeville Township, Section 17; Map #11-17, From Marsh Road to South Damon. To correct error.

Add 0.06 Miles of Winans Drive in Johnstown Township, Section 15; Map #9-15, From Bristol Road to South Winans Drive. See attached Resolution.

Add 0.06 Miles of Lakeview Terrace & Indian Trail roads in Johnstown Township, Section 19; Map #9-19, From Plat of Lakeview Terrace & Indian Isle Resort. To correct error.

Remove 0.12 Miles of Lake & Elm streets in Johnstown Township, Section 21; Map #9-21, Arnets Resort & Hillcrest Park Plat. To correct error.

Add 0.01 Miles of Lake Culver Drive in Johnstown Township, Section 22; Map #9-22, Hutchinson Road to dead end. To correct error.

Add 0.06 Miles of Cherry, Oak, Short & Stone Streets in Johnstown Township, Section 28; Map #9-28, Plat of Country Acres. To correct error

Add 0.02 Miles to Sweetheart Lane in Johnstown Township, Section 29; Map #9-29, Fineview Acres & Carters Fine Lake Park. To correct error.

Remove 0.01 Miles of Highway Street & Frances Avenue in Johnstown Township, Section 30; Map #9-30, Plat of Daisy Hill. To correct error.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Cliff Halliday discussed pit management with the Board.

Motion by Commissioner Dykstra seconded by Commissioner Pashby to hire Halliday Sand and Gravel for pit management for as long as it is in the best interest of the Road Commission.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Motion by Commissioner Willcutt seconded by Commissioner Dykstra to authorize the Office Manager to raise the Equipment Fund balance to $570,000.00 to cover the bidding of three new trucks and one loader in 2004.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Motion by Commissioner Pashby seconded by Commissioner Dykstra to designate the Office Manager to serve as the Privacy Officer for the health plan established by the Barry County Road Commission for its employees. The Privacy Officer will be responsible for the Barry County Road Commission Health Plan’s HIPAA privacy compliance program. A listing of the duties of the position is as follows:

Position Overview:

The Privacy Officer serves as the designated official responsible for the Barry County Road Commission’s HIPAA privacy compliance program. The Privacy Officer oversees the development, implementation and maintenance of the compliance program and compliance with it.

Responsibilities:

Work with management and legal counsel to establish, develop, and implement a privacy compliance program.

Direct and facilitate HIPAA activities.

Collaborate with management, legal counsel, and appropriate staff to create, implement, and monitor the Road Commission’s privacy policies, including policies for a notice of privacy practices; minimum necessary use and disclosure of protected health information (PHI); access, inspection, and copying of PHI; amendment of PHI; accounting for disclosures of PHI; record-keeping procedures; and other administrative procedures.

Monitor all departments, divisions and operations to ensure compliance with all state and federal privacy laws.

Establish an internal privacy audit program to track certain non-routine disclosures of PHI and coordinate the development of privacy risk assessment policies and procedures.

Assist in the development, implementation, and monitoring of business associate agreements to ensure that all privacy requirements and adequately addressed.

Develop and implement a privacy training program and certification program to ensure that all workforce members certify their recognition of and compliance with the privacy policies and procedures.

Establish and monitor a system for receiving questions and complaints regarding the privacy program, ensure that the notice of privacy practices includes a method for contacting the organization regarding privacy matters, and document complaints and their resolution.

Work with legal counsel to develop methods of investigate allegations of non-compliance with the Road Commission’s private policies, and develop appropriate sanctions for non-compliance by employees and business associates.

Make periodic reports to management on the status of the privacy program.

Develop and implement corrective action procedures to mitigate the effect of prohibited use of disclosure of PHI by workforce members of business associates.

Maintain current knowledge of applicable standards and revise the privacy compliance program as necessary to reflect changes in the law or Road Commission policy.

Serve as an internal resource for all privacy-related matters and cooperate with the external parties in any compliance reviews or investigations.

BARRY COUNTY ROAD COMMISSION

PRIVACY POLICY FOR

EMPLOYEE HEALTH PLAN

I. Notice of Privacy Practices

The Barry County Road Commission Health Plan (hereinafter “Plan”) will provide a written notice to its plan participants regarding the use or disclosure of protected health information (hereinafter “PHI”) pursuant to 45 CFR §164.520, entitled “Notice of Privacy Practices.” Participants will be asked to acknowledge receipt of the Notice of Privacy Practices at the time it is given to them. The Notice of Privacy Practices will be provided to participants or the participants’ legal representative as follows:

(a) upon becoming a plan participant;

(b) upon request; and,

The Plan will document compliance with and maintain the Notice of Privacy Practices by retaining copies of each Notice issued by the Plan for a period of at least 6 years from the date when it last was in effect.

II. Use of PHI and Disclosure to the Employer

(a) The Plan will use PHI to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan will use PHI for purposes related to payment for health care and health care operations as defined in the Privacy Notice distributed to plan participants.

The Plan will disclose PHI to the Barry County Road Commission (hereinafter “Employer”) only upon receipt of a certification from the Plan Sponsor that the Plan documents have been amended to incorporate the provisions in subsection (b) below.

(b) With respect to PHI disclosed to the Employer by the Plan, the Employer has agreed to:

– Not use or disclose PHI other than as permitted or required by the Plan document or as required by law;

– Ensure that any agents, including a subcontractor, to whom the Employer provides PHI

received from the Plan agrees to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI;

– Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual;

– Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual;

– Report to the Plan any PHI use or disclosures provided of which it becomes aware;

– Make PHI available to an individual in accordance with HIPAA’s access requirements;

– Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA;

– Make available the information required to provide an accounting of disclosures;

– Make internal practices, books and records relating to the use and disclosure of PHI received from the Plan available to the DHHS Secretary for the purposes of determining the Plan’s compliance with HIPAA; and,

– If feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible).

(c) Adequate separation will be maintained between the Plan and the Employer. Only the individuals identified in the Privacy Notice distributed to plan participants in accordance with HIPAA will have access to PHI. The persons described in the Privacy Notice may only use and disclose PHI for Plan administration functions that the Employer performs for the Plan. If the persons described herein do not comply with the Plan document, the Employer shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions.

III. Minimum Necessary Standard

For purposes of use and disclosure of PHI by the Plan, each employee of the Road Commission identified below shall have access only to the minimum PHI necessary to perform his/her job duties or responsibilities. Each individual will be subject to disciplinary action up to and including termination for breach of confidentiality or for unauthorized access to, use of, and disclosure of PHI.

(a) The Secretary-Office Manager and Bookkeeper will have access to the PHI of all plan participants, but only the minimum necessary to complete assigned duties.

(b) No other Road Commission employee will have access to PHI.

(c) Any individual found to be accessing PHI for purposes other than performing assigned duties will be subject to disciplinary action up to and including discharge.

IV. Complaints

The Plan shall investigate and resolve complaints of violations of an individual’s privacy rights or complaints of violations of this Policy. Any complaint regarding the handling of PHI is to be made in writing to the Privacy Officer designated in the Plan’s Notice of Privacy Practices. If the Complaint is about the Privacy Officer, it should be directed to the Chair of the Barry County Road Commission. Upon receiving a complaint, the Privacy Officer will:

(a) Investigate the complaint and document the investigation.

(b) Advise appropriate personnel of the complaint, the investigation and the proposed resolution.

V. Participant’s Rights

Plan participants have the following rights:

(a) Access: With certain exceptions, plan participants have a right to look at or receive a copy of their PHI maintained by the Plan. The Plan reserves the right to charge a reasonable cost-based fee for copying and postage. If the Plan denies a participant’s request for access, the Plan will tell the participant the basis for its decision and whether the participant has a right to further review.

(b) Disclosure Accounting: A plan participant has the right to an accounting of certain disclosures of his/her PHI, such as disclosures required by law. This accounting requirement applies to disclosures the Plan makes beginning on and after April 14, 2004. If a plan participant requests this accounting more than once in a 12-month period, the Plan may charge him/her a fee covering the cost of responding to these additional requests.

(c) Restriction Requests: A plan participant has the right to request that the Plan place restrictions on the way it uses or discloses his/her PHI for treatment, payment or health care operations. The Plan is not required to agree to these additional restrictions; but if it does, it will abide by them (except as needed for emergency treatment or as required by law) unless the Plan notifies the participant that it is terminating the agreement.

(d) Amendment: A plan participant has the right to request that the Plan amend his/her PHI maintained by the Plan. If the Plan denies the participant’s request, the Plan will provide the participant a written explanation. If the participant disagrees, he/she may have a statement of his/her disagreement placed in the Plan’s records. If the Plan accepts the participant’s request to amend the information, the Plan will make reasonable efforts to inform others, including individuals the participant names, of the amendment.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Motion by Commissioner Pashby seconded by Commissioner Dykstra authorizing the Road Commission to pay the AFLAC administration fees for employees participating in the Flex Account for the Plan year of March 1, 2004 through February 28, 2005.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Motion by Commissioner Pashby seconded by Commissioner Dykstra to authorize the association and non association employees to draw on sick leave hours once a year on their anniversary date. A balance of 400 hours is to be maintained. This will be allowed through the end of the current association contract December 31, 2006.

ROLL CALL: Yeas, Willcutt, Dykstra, & Pashby

Nays, None

Motion Carried

Meeting adjourned at 12:45 P.M.

_________________________________ __________________________________

Chairman Secretary