The meeting of the Barry County Road Commission was called to order at 8:00 A.M. by Chairman Willcutt.
Members present: Willcutt, Dykstra, Fiala and Managing Director Brad Lamberg.
The agenda for March 20, 2007 was approved.
The minutes of March 6, 2007 were approved as read by the Secretary.
Motion by Commissioner Fiala seconded by Commissioner Dykstra to approve the payroll for payment.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
CHECK NAME AMOUNT
Barry County Road Commission $95,133.01
Motion by Commissioner Fiala seconded by Commissioner Dykstra to approve the bills for payment.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Check Name Amount
20885 CITY OF HASTINGS $553.90
20886 CHRIS BEBEAU BCRC $246.71
20887 JAS NETWORKS INC $126.30
20888 NAPA AUTO PARTS $1,844.88
20889 ACEC OF MICHIGAN $190.00
20890 ALLTEL $214.16
20891 B & B TRUCK EQUIPMENT INC $308.00
20892 BARRY COUNTY LUMBER $24.28
20893 BESCO WATER TREATMENT INC $88.00
20894 BLUE CARE NETWORK $18,949.96
20895 BOYNE USA INC $300.00
20896 BRAD LAMBERG $137.85
20897 BURKEY SALES & SERVICE $373.12
20898 CINDY BRIGHT $20.00
20899 COGITATE INC $1,852.50
20900 CONTRACTORS RENTAL $125.00
20901 COUNTY ROAD ASSOCIATION $240.00
20902 CULLIGAN WATER CONDITIONING $15.78
20903 D & M MACHINE DIVISION INC $312.89
20904 DORNBOS SIGN & SAFETY INC $126.75
20905 DUTHLER TRUCK CENTER $69.74
20906 FIDELITY INVESTMENTS $7,498.89
20907 FITZPATRICK’S $375.00
20908 GEZON TOOL SERVICE INC $232.51
20909 HASTINGS ACE HARDWARE $77.95
20910 HASTINGS BANNER $11.94
20911 HEIDI PRESLEY $20.00
20912 BCHS – HELP NET $331.69
20913 HOEKSEMA TOOL SERVICE INC $22.55
20914 IKON OFFICE SOLUTIONS $260.07
20915 JAMES BEEBE $20.00
20916 JENNIFER MATTHEWS $116.14
20917 JERRYS TIRE SERVICE $749.94
20918 KENT OIL COMPANY, INC. $20,235.60
20919 M&K QUALITY TRUCK CENTER $224.50
20920 MANPOWER OF HASTINGS $577.60
20921 MICHIGAN CAT $2,562.71
20922 STATE OF MICHIGAN $52.00
20923 MIKA, MEYERS, BECKETT & JONES $3,987.50
Check Name Amount
20924 MODEL COVERALL SERVICE $76.85
20925 NAPA AUTO PARTS $379.27
20926 NEAL’S TRUCK PARTS $6,247.27
20927 NEXT GENERATION $72.00
20928 NEXTEL COMMUNICATIONS $279.57
20929 PENNOCK HOSPITAL $41.00
20930 PURITY CYLINDER GASES INC $260.44
20931 QUALITY STAFFING SOLUTION $824.33
20932 RADIO COMMUNICATIONS INC. $1,853.09
20933 ROAD EQUIPMENT PARTS $2,735.30
20934 RXOPTICAL $72.00
20935 S A E INDUSTRIES, INC $725.37
20936 SCOTT CIVIL ENGINEERING COMPANY $3,152.50
20937 STATE WIRE & TERMINAL $393.06
20938 TAMARA ELDRED $20.00
20939 TRUCK & TRAILER SPECIALTIES $2,262.23
20940 VALLEY INDUSTRIAL PRODUCTS, INC $796.13
20941 VERNS REPAIR & SPORT $16.00
20942 WASTE MANAGEMENT OF MI $128.41
20943 WIELAND INTERNATIONAL $255.15
20944 WONCH BATTERY COMPANY $240.46
20945 WYKSTRA OIL COMPANY $33.18
Grand Total: $84,340.02
Motion by Commissioner Dykstra seconded by Commissioner Fiala to adopt the proposed Ethics Policy 01-07.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Purpose
The purpose of this policy is to help members of the Board of County Road Commissioners of Barry County and all employees avoid involvement in situations where conflicts of interest exist and to avoid even the appearance of impropriety by members of the Board and employees of the Barry County Road Commission.
Discussion
It is hereby declared to be the policy of the Barry County Road Commission that all public officials and employees must avoid conflicts between their private interests and those of the general public whom they serve. To enhance the faith of the people and the integrity and impartiality of all public officials and employees, it is necessary that adequate rules be provided for separating their roles as private citizens from their roles as public servants. Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his or her government. Each individual official, employee, or advisor of government must help to earn, and must honor that trust by his or her own integrity and conduct in all official duties and actions.
Policy
Definitions.
- 1. Whenever used in this policy, the following terms shall have the following meanings:
Compensation means any money, thing of value or other compensatory benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered.
Decision making means exercising public power to adopt ordinances, resolutions, motions, regulations or standards, rendering quasi-judicial decisions, establishing executive policy, or rendering a governmental decision as that term is defined in Section 2a (MCL 15.342a) of Public Act 196 of the Public Acts of the State of Michigan of 1973, as amended (MCL 15.341 et seq.).
Economic interest means any interest valued or capable of valuation in monetary terms.
Employee means an individual employed by the Barry County Road Commission, whether part-time or full-time, but excludes elected officials.
Gift means anything of value given without consideration or expectation of return.
Official means any person serving on the Board of County Road Commissioner of Barry County.
Official duties or Official action means a decision, recommendation, approval, disapproval, or other action or failure to act which involves the use of discretionary authority.
Person means any individual, entity, corporation, partnership, firm, association, union, trust, estate, and any parent or subsidiary of any of the foregoing, whether or not operated for profit.
Relative means a person who is related to an official or employee as spouse or as any of the following, whether by blood or by adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister, half-brother or half-sister.
Code of Ethics.
- 1. Gift, compensation or economic interest. No official or employee shall solicit, accept or receive, directly or indirectly, any gift, compensation or any economic interest, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under any circumstance in which it can reasonably be inferred that any of the foregoing is intended to influence him or her in the performance of his or her official duties or is intended as a reward for any official action on his or her part.
- 2. Preferential treatment. No official or employee shall use, or attempt to use, his or her position to unreasonably secure, request or grant, any privileges, exemptions, advantages, contracts, or preferential treatment for himself or herself, a relative or any other person.
- 3. Use of information. No official or employee who acquires information in the course of his or her official duties, which information by law or policy is not available at the time to the general public, shall use such information to further the private economic interests of himself or herself, a relative or any other person. No official or employee or relative shall engage in any business transaction whereby the official or employee or relative may benefit financially from confidential information which the official or employee has obtained or may obtain by reason of that position or authority.
- 4. Full disclosure. No official or employee shall participate, as an agent or representative of the Barry County Road Commission, in approving, disapproving, voting, abstaining from voting, recommending or otherwise acting upon any matter in which he or she or a relative has a direct or indirect economic interest without disclosing the full nature and extent of the interest. Such a disclosure must be made before the time to perform his or her duty or concurrently with the performance of the duty. If the official or employee is a member of a decision-making or advising body, he or she must make disclosure to other
members of the body on the official record. Otherwise, a disclosure should be submitted in writing to the Managing Director.
- 5. Doing business with the Barry County Road Commission. No official, employee or relative shall engage in any business with the Barry County Road Commission, directly or indirectly, without filing a complete written disclosure statement to the Managing Director for each business activity. Such a disclosure shall be made on an annual basis or prior to any decision-making if not previously disclosed.
- 6. Use of Barry County Road Commission property. No official or employee shall, directly or indirectly, use or permit a relative or other persons to use Barry County Road Commission property of any kind for his or her private economic interest or that of a relative or other person unless provided for by contract. Barry County Road Commission officials or employees shall strive to protect and conserve for BCRC purposes all Barry County Road Commission property including equipment and supplies entrusted or issued to them.
- 7. Personal opinions as that of agency. No official or employee shall represent his or her personal opinion as that of the Barry County Road Commission.
Intention of Code.
- 1. It is the overall intention of section III.B. above that officials and employees and their relatives shall avoid any action, whether or not specifically prohibited by section III.B., which might result in, or create the appearance of:
Using public employment or office for his or her economic interest;
Giving or accepting preferential treatment to or from any person;
Impeding Barry County Road Commission efficiency or economy;
Losing independence or impartiality of action;
Making a Barry County Road Commission decision outside official channels;
Affecting adversely the confidence of the public or integrity of the Barry County Road Commission; or
Giving or accepting preferential treatment in the use of Barry County Road Commission property.
- 2. Section III.B. is intended to be preventative. It should not be construed to interfere or abrogate in any way the provisions of any Michigan Statutes, or any collectively bargained agreement.
- 3. Section III.B. is intended as a code of ethics, not as a rule of law for public contracts. Contracts in respect to which an official or employee acts in violation of section III.B. shall not be considered to be void or voidable unless the contract is a violation of a statute which specifically provides for the remedy. Section III.B. does not in any manner amend or modify Act No. 317 of the Public Acts of 1968, being sections 15.321 to 15.330 of the Michigan Compiled Laws.
- 4. Section III.B. is not intended to prevent any official or employee from receiving compensation for work performed on his or her own time as a private citizen which does not involve Barry County Road Commission business. Nor is section III.B. intended to apply to contributions to political campaigns which are governed by state or federal law.
Violation and Enforcement.
- A. Subject to the provisions of the next sentence, all matters concerning the code of ethics set forth in section III.B. shall be directed to the Managing Director. Matters involving the Managing Director shall be directed to the Chairman of the Board of County Road Commissioners of Barry County.
- B. The above-listed persons, when requested, shall take appropriate action upon any complaint or request for information concerning the code of ethics of the Barry County Road Commission. The appropriate action to be taken in any individual case shall be at the discretion of the above-listed person involved, which may include but is not limited to any of the following:
- 1. Referral of the matter to a higher authority.
- 2. Pursuing further investigation.
- 3. Recommending appropriate disciplinary action, including removal from office, appointed position or employment.
- 4. Deeming no action to be required.
- 5. Pursuing such other course of action which is reasonable, just and appropriate under the circumstances.
WARNING
This directive is for departmental use only and does not apply in criminal or civil proceedings. The department policy should not be construed as a creation of higher legal standard of safety or care in any evidentiary sense with respect to third party claims. Violation of this directive will only form the basis for departmental administrative sanctions.
Barry County Road Commission
Financial Disclosure Statement For Contracting With
The Barry County Road Commission
- I. It is the policy of the Barry County Road Commission to comply in all respects with the Contracts of Public Servants with Public Entities statute, Act 317 of 1968, as amended, MCL 15.321, et seq. In order for the Barry County Road Commission to comply with these legal requirements, it is necessary that persons seeking to enter into contracts with the Barry County Road Commission disclose certain information which will allow for an evaluation of compliance with the statute. Anyone seeking to enter into a contract with the Barry County Road Commission shall supply the information requested below. Additional information may be requested based upon the responses set forth below.
- II. Please identify the contract you are seeking to enter into with the Barry County Road Commission:
- III. Please indicate whether any of the following applies to you or the person or entity seeking the contract with the Barry County Road Commission:
- ¨ You are an official or employee of the Barry County Road Commission.
¨ An official or employee of the Barry County Road Commission is a partner, member or employee of the co-partnership or unincorporated association which seeks to enter into the contract with the Barry County Road Commission.
¨ An official or employee of the Barry County Road Commission is a stockholder of the private corporation which seeks to enter into the contract with the Barry County Road Commission.
¨ An official or employee of the Barry County Road Commission owns stock listed on a stock exchange with a present total market value in excess of $25,000 in the corporation which seeks to enter into the contract with the Barry County Road Commission.
¨ An official or employee of the Barry County Road Commission is a director, officer or employee of the corporation which seeks to enter into the contract with the Barry County Road Commission.
¨ An official or employee of the Barry County Road Commission is a beneficiary or trustee of the trust seeking to enter into a contract with the Barry County Road Commission.
- IV. I certify that the information set forth above is true and accurate based upon my personal knowledge and an investigation of the records and documents available to me.
Motion by Commissioner Fiala seconded by Commissioner Dykstra to require a Disclosure Statement of all contractors/vendors doing work or providing a product for the Road Commission.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Motion by Commissioner Dykstra seconded by Commissioner Fiala to accept the resolution from Woodland Township.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
WHEREAS: The excellent maintenance of roads is a matter or pride in the township; and
WHEREAS: The township residents have approved extra voted millage for road maintenance; and
WHEREAS: Proper maintenance of both paved and gravel roads is a benefit to our residents;
NOW THEREFORE BE IT RESOLVED that the Woodland Township Board hereby directs the Barry County Road Commission to proceed with the following road projects in 2007.
Coats Grove Road from M-66 to County Line slag Seal $ 5,750
Coats Grove Road from M-66 to Woodland Road,
including Woodland Road north to curve slag seal $12,650
Coats Grove Road from Woodland Road to Durkee Road crack seal $ 7,425
Martin Road from M-43 to Brown Road edge seal & slag seal $29,420
Davenport Road from Woodland to 700′ east of Velte
Edge seal & slag seal $16,686
Dust Control, 2 passes 26% 1000 gallon per pass 20.8 mi $ 7,280
Gravel in township $10,000
Edgeline Paint: $ 2,000
Davenport Road: Woodland Road to County Line
Jordan Road: Woodland to Martin Road
Woodland Township Resolution Cont.
Davenport Road 700′ east of Velte to M-66 1.5″ overlay & seal $58,190
Brown Road M-50 to Woodland slag seal $14,260
Edge Line Paint $ 700
Total $164,361
Motion by Commissioner Fiala seconded by Commissioner Dykstra to accept the resolution from Hope Township.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
At the February 27, 2007 special meeting of the Hope Township Board of Trustees we made the following decisions concerning Hope Township gravel and paved roads.
1. Full seal on Keller Road East of Otis Lake at a cost of $12,995.00
2. Full seal on Tillotson Lake Road stub at a cost of $878.00
3. Slag seal on Brogan Road to Township line at a cost of $10,925.00
4. Slag seal on Orchard Road, if Barry Township also approves, at a cost of $3,910.00
5. Slag seal on Stevens Road at a cost of $12,995.00
6. Slag seal on Miller Road, in conjunction with Orangeville Township, at a cost of $9,085.00
7. Blade patch Miller Road curve, in conjunction with Orangeville Township, at a cost of $2,100.00
8. Chloride application to Gravel Roads, the same as 2006, at an estimate cost of $16,494.00, with second application to be made if determined necessary.
9. Gravel for Hope Township Gravel Roads to be made after gravel road tours.
Total costs allocated for 2007 – $69,382.00
The regular meeting was closed and the Public Hearing on Utility Permits was opened up at 9:00 A.M.
No Public Comment.
The Public Hearing was closed and the regular meeting opened back up at 9:15 A.M.
Motion by Commissioner Dykstra seconded by Commissioner Fiala to accept for use CRA Permit 110 and 110A (Nonemergency Public Utility Work Permits).
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Kathy Sheldon presented the 2006 Audit Report to the Board.
Motion by Commissioner Fiala seconded by Commissioner Dykstra to accept and place on file the 2006 Audit Report presented by Kathy Sheldon.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Motion by Commissioner Dykstra seconded by Commissioner Fiala to authorize Chairman Willcutt to sign the 2006 Financial Report.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
A petition from Deanna Stuets in regards to the brush cutter was read and placed on file.
Motion by Commissioner Fiala seconded by Commissioner Willcutt to approve the following changes to the 2007 County Wide Certification:
Add 0.55 Mile of Beauterra Lane & Olivia Drive in Thornapple Township, Section 19; Map 14-19. East off Schad Road Plat of Rose of Sharon. See attached resolution.
Add 0.06 Mile of Deep Lake Road in Yankee Springs Township, Section 23 & 26; Map 16. To correct error.
Add 0.46 Mile of Springview Court in Yankee Springs Township, Section 1; Map 16-1. Off M-37 Hwy. Plat of Glass Creek #2. See attached resolution.
Add 1.04 Mile of Pauverly, Autumn Ridge Court & Autumn Ridge Drive in Irving Township, Section 19; Map 8-19. North off Barnum Road. Plat of Autumn Ridge. See attached resolution.
Remove 0.76 Mile of Ickes Road in Baltimore Township, Section 12; Map 2. Between Charlton Park Road and Lawrence Road. See attached resolution.
Add 3.18 Mile of Mission, Upjohn, Ingenuity, Lee School, Indian Landing, Community, Volunteer, Skill & Havoc Drive in Hastings Township, Section 25; Map 6-25. East off Charlton Park Road. See attached resolution.
Add 0.06 Mile of Williams & Sheffield Road in Barry Township, Section 31; Map 3. To correct error.
ROLL CALL: Yeas, Willcutt & Fiala
Nays, None
Abstain, Dykstra
Motion Carried
Motion by Commissioner Dykstra seconded by Commissioner Fiala to authorize Chairman Willcutt to sign the annual Act 51 Certification Maps to be sent to the Michigan Department of Transportation.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Motion by Commissioner Dykstra seconded by Commissioner Fiala accepting the proposal from Scodeller Construction for overbank crack seal at last years price of $1.129 per lb.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Meeting was recessed at 10:50 A.M.
Meeting reconvened at 11:10 A.M.
Motion by Commissioner Willcutt seconded by Commissioner Dykstra to approve a 3% of salary bonus for the accounting department personnel for the outstanding work done in getting a clean audit report for 2006 as well as many other improvements over the past years.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Meeting adjourned at 11:15 A.M.
_________________________________ __________________________________
Chairman Secretary
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