February 16, 2016 | Barry County Road Commission

The regular meeting of the Barry County Road Commission was called to order at 7:30 A.M. by Chairman Fiala

Members present: Fiala, Solmes, Dykstra and Managing Director Bradley Lamberg.

The agenda for February 16, 2016 was approved.

The minutes of January 27, 2016 were approved as printed.

______________________________________________________________________________

Motion was made and seconded to approve payroll for payment.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

CHECK NAME AMOUNT

1/28/16 Barry County Road Commission $107,504.14

2/11/16 Barry County Road Commission $94,187.08

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Motion was made and seconded to approve the bills for payment.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

Check Name Amount

1/28/16

35458	AIS Const Equip Corp	81.55
35459	Alro Steel Corporation	1,229.15
35460	Alta Construction Equipment	1,430.24
35462	American Express	11,006.10
35463	Andy Price	40.00
35464	AT&T	907.35
35465	Cardmember Service	20.00
35466	CARDMEMBER SERVICE	345.00
35467	Chris BeBeau BCRC	166.68
35468	Cummins Bridgeway LLC	182.79
35469	David Van Eerden	1,000.00
35470	Floyd’s Electric Service Inc	245.00
35471	Fox Chevrolet Buick	223.81
35472	Guardian Alarm Company	93.44
35473	Hastings Ace Hardware	29.52
35474	Hubbard Supply Company	78.00
35475	Lemmen Oil	10,411.04
35476	Lincoln National Life Ins	151.80
35477	Lyden Oil Company	2,209.06
35478	Manpower of Hastings	642.58
35479	MCRCSIP	287.00
35480	Michael R Kluck & Associates	66.00
35481	Neal’s Truck Parts	10,808.61
35482	Priority Health	18,017.72
35483	Professional Benefits Services	583.50
35484	Purity Cylinder Gases Inc	641.60
35485	Reynolds Heritage Land	380.00
35486	Road Equipment Parts	2,423.18
Check	Name	Amount
35487	Robert Miller	100.70
35488	Speedway Super America LLC	131.02
35489	Spencers Towing & Tire, Inc.	119.50
35490	Spotless Auto Lube & Wash	115.95
35491	State Wire & Terminal	625.98
35492	Total Funds by Hasler	505.00
35493	Truck & Trailer Specialties	452.15
35494	Unum	325.50
35495	Verns Repair & Sport	111.03
35496	Woodland Auto Body	218.40
	Sub-Total	66,405.95
02/11/2016
35497	AIS Const Equip Corp	255.18
35498	Alta Construction Equipment	482.37
35500	American Express	40,889.70
35501	Bert Keeler	380.00
35502	Brad Lamberg	80.00
35503	Brandy Casey	80.00
35504	Charles Benedict	552.54
35505	Chris BeBeau	80.00
35506	Chris BeBeau BCRC	280.70
35507	City Of Hastings	531.78
35508	Consumers Energy	7,225.79
35509	County Rd Association Self Ins	10,734.00
35510	Dic Craven	163.54
35511	Douglas Peck	80.00
35512	Eric Downs	25.00
35513	Floyd’s Electric Service Inc	445.00
35514	Gary Vandecar	604.71
35515	Gerald Cisler	552.54
35516	Hastings Ace Hardware	72.07
35517	Howard Hostetler	552.54
35518	Jack Kineman	552.54
35519	Jake Welch	80.00
35520	Katie & Christy’s Mid-Lakes	137.00
35521	Kay Bohley	25.00
35522	Kendall Pranshka	276.28
35523	Kenneth Hurless	276.28
35524	Lakeland Asphalt Corp	2,311.68
35525	Larry Maupin	604.71
35526	Lawrence Barry	270.00
35527	Les’s Sanitary Service	100.00
35528	Lincoln National Life Ins	153.20
35529	Lyden Oil Company	741.30
35530	Madonna Foelich	25.00
35531	Mark Weeks	340.00
35532	Patricia Wolf	276.28
35533	Purity Cylinder Gases Inc	1,417.82
35534	Richard Raymond	552.54
35535	Road Equipment Parts	1,498.96
35536	Robert Baines	81.78
35537	Robert Nagel	552.54
35538	Robert Richardson	80.00
35539	Robert Slocum	552.54
Check	Name	Amount
35540	Scott Bond	80.00
35541	Scott Schantz Jr.	30.00
35542	Sherwin Industries Inc	2,245.40
35543	Spotless Auto Lube & Wash	251.90
35544	Truck & Trailer Specialties	3,602.79
35545	Vermeer Of Michigan Inc	93.70
35546	Verns Repair & Sport	315.32
35547	W.W. Grainger, Inc	264.31
35548	Wayne Roush	552.54
	Sub-Total	82,408.87

	Total	148,814.82

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Motion was made and seconded WHEREAS, the Board of County Road Commissioners of the County of Barry (the “County Road Commission”) has determine the need to borrow money and issue notes (the “Notes”) in the maximum amount of $4,500,000 to pay for the construction, improvement, maintenance and repair of County highways and related general County road purposes permitted by and pursuant to Act 143 of the Public Acts of Michigan of 1943, as amended (“Act 143”); and

WHEREAS, it is appropriate for this County Road Commission to retain bond counsel and a municipal advisor to assist the County Road Commission with the sale of the Notes; and

WHEREAS, it is also appropriate to authorize and direct the Managing Director to take appropriate actions with regard to the issuance and sale of the Notes.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The firm of Mike Meyers PLC is hereby retained by the County Road Commission to serve as bond counsel for the issuance of the Notes.
The firm of Bendzinski & Company is hereby retained by the County Road Commission to serve as municipal advisor for the issuance of the Notes.
The Managing Director is hereby authorized and directed to work collaboratively with bond counsel and the municipal advisor to determine the method of sale of the Notes, to obtain bids for the sale of the Notes in the manner recommended by the municipal advisor, and to report the results thereof to this County Road Commission for further action.
All resolutions and part of resolutions in conflict herewith shall be and the same are hereby rescinded.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

______________________________________________________________________________

Motion was made and seconded WHEREAS, the Board of County Road Commissioners of the County of Barry (the “County Road Commission”) has determined the need to borrow money and issue notes (the “Notes”) in the maximum amount of $4,500,000 to pay for the construction, improvement, maintenance and repair of County highways and related general County road purposes permitted by and pursuant to Act 143 of the Public Acts of Michigan of 1943, as amended (“Act 143”), as more specifically described in Exhibit A hereto (the “Project”); and

WHEREAS, consistent with Act 143, the principal amount of the Notes must be submitted to the Barry County Board of Commissioners for authorization;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The Barry County Board of Commissioners is hereby requested to authorize the County Road Commission to borrow money and issue the Notes for the Project in the maximum amount of $4,500,000, in accordance with Act 143.
The Secretary is hereby authorized and directed to file a certified copy of this resolution with the Barry County Board of Commissioners.
All resolutions and parts of resolutions in conflict herewith shall be and the same are hereby rescinded.

Exhibit A

Project Description for Act 143 Notes

The proceeds of the Notes shall be used for construction, improvement, maintenance and repair of County highways and other general county road purposes, including, but not limited to, the reconstruction, chip sealing, and seal coating of roads and related culvert and drainage improvements, of County primary and secondary roads, including, for example and without limitation, the following: Tasker, Brogan, Cedar Creek, Gilkey Lake, Delton, Charlton Park, Thornapple Lake, Nashville, Guernsey Lake, Stevens, Sisson, Banfield, Lacey, Assyria, Marsh, Cressey, W. State, Green Lake, Brown, Martin and Yankee Springs Roads and North Avenue, and related engineering and financing costs.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

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Rob Richardson, Equipment Superintendent, and Scott Schantz, Lead Mechanic, spoke to the Board about purchasing a vehicle for the Crack Sealing Crew to use. Graff Truck Center of Saginaw, Michigan, has a Used 2007 Chevrolet W5500 for $26,900.00 plus title and fees and would take our #900290 – 1980 Ford LN700 Truck in trade-in for $2,500.00.

Motion was made and seconded to purchase a Used 2007 Chevrolet W5500 with the trade in of BCRC Vehicle #900290 and the cost not to exceed $24,625.00.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

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Motion was made and seconded to set the material bid date for Asphalt Paving, Bituminous Mixtures, Crack Seal Blocks, Asphalt Emulsion, Scraper Blades, Pavement Marking, Traffic Control Signs, Dust Control, and Culverts for February 18, 2016 at 10:30 A.M.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

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The CRA Ballot for Board of Directors was discussed and voted on.

______________________________________________________________________________

Motion was made and seconded to accept Prairieville Township Resolution for Road work.

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

Prairieville Township tentatively approved the following funds at the Budget Workshop on January 19, 2016 for the 2016/2017 year starting April 1, 2016 and ending March 31, 2017 for the Road of Prairieville Township. The Final Budget will be approved on March 9, 2016 so I will notify you of any changes.

Prairieville Township Resolution Cont.

4 Mile & Lindsey 350’ x 22’ paved approach east off 4 Mile Paving $18,000

Burchett & 3 Mile 2-150’ x 22’ paved approach Paving $20,000

Enzian Road (Cressey Road South to County Line) Edge & Full $13,009

Seal

Enzian Road (Cressey Road to 3 Mile Road) Edge & Full $67,548

Seal

Pine Lake Road (Norris Road to 500’ South of Merlau) Slag Seal $82,931

3 Mile Road (Doster Road to Norris Road) Slag Seal $60,660

Pine Lake Road (Norris Road East 0.51 Mile) Slag Seal $4,590

4 Mile Road (Doster Road to Lindsey Road) Crack Seal $4,550

Enzian Road (3 Mile to Pine Lake Road) Crack Seal $11,095

Milo Road & Norris Road (Lockshore Road to Delton Road) Crack Seal $15,155

Milo Road (Lockshore Road to M-43 Hwy) Crack Seal $5,355

Graham Road (Pine Lake Road West to Town Line) Crack Seal $1,015

Dust Control $10,000

Painting Lines $3262

Total $317,170

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Motion was made and seconded Whereas, the Barry County Road Commission hereinafter referred to as the ”GOVERNMENTAL AGENCY,” periodically applies to the Michigan Department of Transportation, hereinafter referred to as the “DEPARTMENT,” for permits, referred to as ”PERMIT,” to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under State Highway right of way at various locations within and adjacent to its corporate limits;

NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL AGENCY agrees that:

Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law. This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims, nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.

Any work performed for the GOVERNMENTAL AGENCY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL AGENCY and not as a contractor or agent of the DEPARTMENT. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL AGENCY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL AGENCY.

The GOVERNMENTAL AGENCY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.

The GOVERNMENTAL AGENCY It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State Highway Right of Way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL AGENCY’S facilities according to a PERMIT issued by the DEPARTMENT.

With respect to any activities authorized by PERMIT, when the GOVERNMENTAL AGENCY requires insurance on its own or its contractor’s behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.

The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT.

This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL AGENCY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the GOVERNMENTAL AGENCY with regard to any PERMIT which has already been issued or activity which has already been undertaken.

BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the DEPARTMENT for the necessary permit to work within State Highway Right of Way on behalf of the GOVERNMENTAL AGENCY.

Bradley S. Lamberg, Managing Director

Scott Bond, Superintendent

Jake Welch, Director of Operations

Doug Peck, Operations Engineer

ROLL CALL: Yeas, Fiala, Solmes, & Dykstra

Nays, None

Motion Carried

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Meeting adjourned at 9:35 A.M.

_________________________________ __________________________________

Chairman Secretary