The regular meeting of the Barry County Road Commission was called to order at the Road Commission’s Board Room at 7:30 A.M. by Chairman Solmes.
Members present: Solmes, Fiala, Dykstra and Managing Director Bradley Lamberg.
The agenda for August 21, 2018 was approved.
The minutes of August 7, 2018 were approved as printed.
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Motion was made and seconded to approve payroll for payment.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
CHECK NAME AMOUNT
8/9/18 Barry County Road Commission $126,683.76
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Motion was made and seconded to approve the bills for payment.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
8/9/18
| Check Number | Vendor Name | Check Amount |
| 38818 | Adam Nieland | $30.00 |
| 38819 | Barbara Sue Hanneman | $300.00 |
| 38820 | Bert Keeler | $380.00 |
| 38821 | Bit Mat Products | $200,920.21 |
| 38822 | Brad Lamberg | $80.00 |
| 38823 | Brandy Casey | $80.00 |
| 38824 | Brenner Excavating | $8,640.00 |
| 38827 | Capital One Bank | $33,700.50 |
| 38828 | Charles Benedict | $552.54 |
| 38829 | Chris BeBeau | $80.00 |
| 38830 | Chris BeBeau BCRC | $203.36 |
| 38831 | City Of Hastings | $372.90 |
| 38832 | Consumers Energy | $32.70 |
| 38833 | CSI/GEOTURF, Inc. | $4,500.00 |
| 38834 | Culligan Water Conditioning | $111.90 |
| 38835 | Dic Craven | $65.53 |
| 38836 | Doug Rodd | $288.68 |
| 38837 | Douglas Peck | $80.00 |
| 38838 | Electric Motor Service | $36.00 |
| 38839 | Gary Vandecar | $604.71 |
| 38840 | Gem Seal | $20,868.00 |
| 38841 | Gerald Cisler | $552.54 |
| 38842 | H.S.V. Redi-Mix | $280.00 |
| 38843 | Hall’s Septic | $300.00 |
| 38844 | Hastings Ace Hardware | $19.99 |
| 38845 | Herc Rentals | $1,376.73 |
| Check Number | Vendor Name | Check Amount |
| 38846 | Jack Kineman | $552.54 |
| 38847 | Jake Welch | $80.00 |
| 38848 | Jeffery Hynes | $1,300.00 |
| 38849 | Kendall Pranshka | $276.28 |
| 38850 | Kent County Health Department | $32.00 |
| 38851 | Lakeland Asphalt Corp | $454,113.36 |
| 38852 | Larry Maupin | $552.54 |
| 38853 | Lawrence Barry | $270.00 |
| 38854 | Manpower of Hastings | $1,626.02 |
| 38855 | Mark Weeks | $340.00 |
| 38856 | MCRCSIP | $350.00 |
| 38857 | Northern Concrete Pipe, Inc. | $100.00 |
| 38858 | Patricia Wolf | $276.28 |
| 38859 | Pete’s Tools & Repair | $1,430.00 |
| 38860 | Ridderman Oil | $27,657.64 |
| 38861 | Robert Baines | $65.53 |
| 38862 | Robert Nagel | $552.54 |
| 38863 | Robert Richardson | $80.00 |
| 38864 | Robert Slocum | $552.54 |
| 38865 | S & M Liquid Tirefill Inc | $1,284.82 |
| 38866 | Scott Bond | $80.00 |
| 38867 | Scott Schantz Jr. | $30.00 |
| 38868 | Sherwin Industries Inc | $2,503.19 |
| 38869 | Spectrum Health – Pennock | $234.64 |
| 38870 | Spotless Auto Lube & Wash | $55.95 |
| 38871 | Star Crane & Hoist Service Inc | $259.00 |
| 38872 | State Wire & Terminal | $385.40 |
| 38873 | Superior Asphalt Inc | $487.60 |
| 38874 | Tom Chaffee | $131.04 |
| 38875 | Wayne Roush | $552.54 |
| 38876 | Wyoming Asphalt Paving Co | $20,770.46 |
| 38877 | X-Cel Chemical Spec Co | $180.00 |
| Total | $791,618.20 |
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The concrete slab and wall on Marsh Road was discussed from the July 24, 2018 Board Meeting. A survey was done on property corners and it is unclear where the Right-of-Way actually is located. A legal opinion will be attained. Barricades will be put up for safety reasons.
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Mark Flick from Frontline Maintenance spoke to the Board about the Vegetation Removal in Barry Township contract he has with BCRC. He has picked up a new Grapple Truck and has used it one day. He believes it will be more efficient and will average at least 1 mile a day. He is looking into starting a second cutter truck. He spoke to the Board about cutting larger dead trees. It was agreed upon that he could cut them and invoice us separately from the contract.
Motion was made and seconded to award the Pavement Marking bid of April 12, 2018 to Michigan Pavement Markings.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
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Motion was made and seconded
WHEREAS, the Municipal Employees’ Retirement System (“MERS”) Plan Document of 1996, effective October 1, 1996, authorized the Municipal Employees’ Retirement Board (“Board”) to establish additional programs including but not limited to Defined Benefit and Defined Contribution programs (MERS Plan Document Section 71(2)(a)); and the Municipal Employees Retirement Act of 1984, Section 36(2)(a) as amended by 1996 PA 220, MCL 38.1536(2)(a));
WHEREAS, the Board has previously authorized MERS establishment of a retiree health funding vehicle (“RHFV” or “Program”), which a participating municipality or court, or another eligible public employer that is a political subdivision of the State which constitutes a “municipality” under MERS Plan Document Section 2(23); MCL 38.1502b(2) (“Eligible Employer”), may adopt for its Eligible Employees;
WHEREAS, MERS has been determined by the Internal Revenue Service to be a tax qualified “governmental plan” and trust under Section 401(a) of the Internal Revenue Code of 1986, and all trust assets within MERS reserves are therefore exempt from taxation under Code Section 501(a) (IRS Letter of Favorable Determination dated June 15, 2005).
WHEREAS, the Board has established a governmental trust under Section 115 of the Internal Revenue Code (the “Trust Fund”) to hold the assets of the RHFV, which Trust Fund shall be administered under the discretion of the Board as fiduciary, directly by (or through a combination of) MERS or MERS duly-appointed Program Administrator;
WHEREAS, 1999 PA 149, the Public Employee Health Care Fund Investment Act, MCL 38.1211 et seq. (“PA 149”) provides for the creation by a public corporation of a public employee health care fund, and its administration, investment, and management, in order to accumulate funds to provide for the funding of health benefits for retirees and beneficiaries;
WHEREAS, a MERS health care trust fund constitutes a governmental trust established by a public corporation (“municipality”) as an Eligible Employer, provided that all such employers shall be the State of Michigan, its political subdivisions, and any public entity the income of which is excluded from gross income under Section 115 of the Internal Revenue Code; provided further, that the health care trust shall not accept assets from any defined benefit health account established under Section 401(h) of the Internal Revenue Code;
WHEREAS, the Board acts as investment fiduciary for the pooled assets of each MERS participating municipality and court enrolled in MERS Defined Benefit Plan, Defined Contribution Plan, and Hybrid Plan, on whose behalf MERS performs all plan administration and investment functions, and such participating municipalities and courts have full membership, representation and voting rights at the MERS Annual Meeting as provided under Plan Section 78; MCL 38.1545.
WHEREAS, the Board also acts as investment fiduciary for those participating employers who are non- MERS participating municipalities and courts that have adopted the MERS Health Care Savings Program, Retiree Health Funding Vehicle, 457, or Investment Services Program, and such entities are not accorded membership, representation or
voting rights provided to MERS participating municipalities and courts at the MERS Annual Meeting under Plan Section 78; MCL 38.1545.Page 2 of 5
WHEREAS, adoption of this Uniform Resolution (the “Uniform Resolution”) by the Eligible Employer is necessary and required in order that the benefits available under the MERS Retiree Health Funding Vehicle may be extended;
WHEREAS, this Uniform Resolution has been approved by the Board under the authority of 1996 PA 220, MERS Plan Document Section 71(2)(a), MCL 38.1536(2)(a), declaring that the Board “shall determine . . . and establish” all provisions of the Retirement System. The MERS RHFV shall not be implemented with respect to any Eligible Employer unless in strict compliance with the terms and conditions of this Resolution, the Trust Document, and Trust Agreement.
- It is expressly agreed and understood as an integral and nonseverable part of extension or continuation of coverage under this Uniform Resolution Adopting MERS Retiree Health Funding Vehicle, that Section 43 of the MERS Plan Document shall not apply to this Uniform Resolution, its administration or interpretation.
- In the event any alteration of the language, terms or conditions stated in this Uniform Resolution Adopting MERS Retiree Health Funding Vehicle is made or occurs under MERS Plan Document Section 43 or other plan provision or other law, it is expressly recognized that MERS and the Board, as fiduciary of the MERS Plan and its trust reserves, and whose authority is nondelegable, shall have no obligation or duty: to administer (or to have administered) the MERS RHFV or its Trust Fund; or to continue administration.
NOW, THEREFORE, BE IT RESOLVED that the governing body adopts the MERS PA 149 Health Care Trust Fund as provided below.
- MERS RETIREE HEALTH FUNDING VEHICLE
EFFECTIVE September 1, 2018, the MERS Retiree Health Funding Vehicle is hereby adopted by the Barry County Road Commission.
CONTRIBUTIONS shall be made only by the Eligible Employer, remitted to MERS by the Eligible Employer, and credited to the Eligible Employer’s separate fund within the trust sub-fund for MERS RHFV. As this Plan is funded solely by employer, on a cash or actuarial basis as determined by the employer, there is no requirement for a Participation Agreement establishing the schedule of contributions.
INVESTMENT of funds accumulated and held in the Fund shall be held in a separate reserve and invested on a pooled basis by MERS subject to the Public Employee Retirement System Investment Act (“PERSIA”), 1965 PA 314, as provided by MERS Plan Document Section 76; MCL 38.1539, and PA 149.
THE ELIGIBLE EMPLOYER shall abide by the terms of MERS RHFV, including all investment, administration, and service agreements, and all applicable provisions of the Code and other law. It is affirmed that no assets from any defined benefit health account established under Section 401(h) of the Internal Revenue Code shall be transferred to, or accepted by, MERS.
(MERS municipality or court or other eligible employer)
- IMPLEMENTATION DIRECTIONS FOR MERS AS RHFV INVESTMENT FIDUCIARY AND TRUSTEE
- The governing body of this Eligible Employer desires that all assets placed in its MERS RHFV (as a sub-fund within all pooled Trust Funds with MERS) be administered by MERS, which shall act as investment fiduciary with all powers provided under Public Employee Retirement System Investment Act, PA 149, all applicable provisions of the Internal Revenue Code and other relevant law. (B) The governing body desires, and MERS upon its approval of this Resolution agrees, that all funds accumulated and held in the MERS RHFV Trust Fund shall be invested and managed by MERS within the collective and commingled investment of all funds held in trust for all Eligible Employers. (C) The RHFV is designed as a PA 149 compliant trust. All assumptions, including the rate of investment return used in any OPEB valuation, are the responsibility of the employer in conjunction with any advice they may obtain from their health care actuary and/or auditor, if any. The Employer acknowledges and affirms the responsibility for selecting the investment option(s) from the MERS investment funds for their RHFV account. Mid Cap Stock Index 20%International Stock Index 20%
- Emerging Market Stock 20%
- Small Cap Stock Index 20%
- Large Cap Stock Index 20%
- The Participating Employer makes the following initial fund election (subsequent changes may be made by the RHFV Investment Change Form #RH-602). Percentage of assets to be invested in Fund selected:
- All allocations must use a whole percentage, and the total percentage of amount allocated must equal 100%.
- Please refer to the Fund Summary Sheets for information regarding each investment option, including potential redemption fees, and restrictions (www.mersofmich.com). (D) Changes in the fund choices or allocations made in paragraph (C) may be made in writing using the designated MERS form addressed to the MERS RHFV Program Administrator and shall be made by (select one):
the Governing Body only (ongoing fund elections may be made only by the RHFV Investment Change Form #RH-602 and supporting certified minutes stating Governing Body approval).
XX the designated employer contacts (ongoing fund elections may be made either through your online account or by the RHFV Investment Change Form #RH-602).
(E) All monies in the MERS RHFV Trust Fund (and any earnings thereon, positive or negative) shall be held and invested for the sole purpose of paying health care benefits for the exclusive benefit of “Eligible Employees” who shall constitute “qualified persons” who have retired or separated from employment with the Eligible Employer, and for any expenses of administration, and shall not be used for any other purpose, and shall not be distributed to the State.
(F) The Eligible Employer will fund its MERS RHFV Trust sub-fund to provide funds for health care benefits for “Eligible Employees” who shall constitute “qualified persons.” Participation in and any coverage under RHFV shall not constitute nor be construed to constitute an “accrued financial benefit” under Article 9 Section 24 of the Michigan Constitution of 1963, nor shall any contribution method for Eligible Employer funding other than “pay as you go” cash funding be required or imposed, and all benefits, rights, and
obligations conferred by or arising under RHFV shall be as provided under the RHFV documents.
(G) The Eligible Employer generically designates the following groups of persons as “Eligible Employees” who shall constitute “qualified persons,” to receive retiree health care benefits subsidized under the MERS RHFV trust sub-fund. Groups may include any dependent(s) as specified in your bargaining agreement and/or personnel policy (provide copies of any governing agreement or other policy): For example “non-union employees.” 16 Previous Retired Employees.
(H) The Eligible Employer may designate the appropriate employer contacts who shall direct payment of fund monies for the benefit of the Eligible Employees identified in paragraph (G) under any retiree health care benefit program, including, but not limited to, MERS HCSP; make investment allocations of the Employer’s fund assets within MERS-approved funds to the extent authorized in paragraph (C); receive necessary reports, notices, etc.; shall act on behalf of the Eligible Employer; and may delegate any administrative duties relating to the Fund to appropriate departments.
SECTION 3. EFFECTIVENESS OF THIS RESOLUTION
This Resolution shall have no legal effect until a certified copy of this adopting Resolution shall be filed with MERS, and MERS determines that all necessary requirements under MERS Plan Document Section 71(2)(a), 1999 PA 149 and other relevant laws, and this Resolution have been met. Upon MERS determination that all necessary documents have been submitted, MERS shall record its formal approval upon this Resolution, and return a copy to the Eligible Employer’s designated primary contact.
In the event an amendatory resolution or other action by the Eligible Employer is required by MERS, such Resolution or action shall be deemed effective as of the date of the initial Resolution or action where concurred in by this governing body and MERS (and the Program Administrator if necessary). Section 86 of the MERS Plan Document shall apply to this Resolution and all acts performed under its authority. The terms and conditions of this Resolution supersede and stand in place of any prior resolution, and its terms are controlling.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
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Motion was made and seconded to approve and submit the Application for Waiver for P.A. 202 OPEB Liability and the action plan of funding the liability through a MERS Account.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
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Motion was made and seconded to hereby determine and declare that it is in the best interest of the public to absolutely abandon and discontinue 980’ of Rose Road running roughly along the Section line between Sections 19 & 20 T2N, R9W, Hope Township, Barry County Michigan from a point 1,660’south of the Northwest corner of Section 20 and Northeast corner of Section 19 to a point 2,640’ south of said Section corner.
ROLL CALL: Yeas, Solmes, Fiala, & Dykstra
Nays, None
Motion Carried
Meeting adjourned at 8:50 A.M.
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Chairman Secretary
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