October 2, 2018

 

 

The regular meeting of the Barry County Road Commission was called to order at the Road Commission’s Board Room at 8:30 A.M. by Chairman Solmes.

 

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

 

The agenda for October 2, 2018 was approved.

 

The minutes of September 18, 2018 were approved as printed.

______________________________________________________________________________

 

Motion was made and seconded to approve payroll for payment.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

CHECK             NAME                                                                            AMOUNT

9/20/18                Barry County Road Commission                                    $103,971.05

______________________________________________________________________________

 

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

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

9/20/18

Check Number Vendor Name Check Amount
38974 Assoc Of Cty Rd Superintendent $62.50
38975 Barbara Sue Hanneman $300.00
38976 Barry County Payroll Account $119.00
38977 Bit Mat Products $93,250.18
38978 Blue Care Network $20,101.62
38979 Brad Lamberg $192.58
38980 C Stoddard & Sons  Inc. $150.00
38983 Capital One Bank $25,190.52
38984 Carpenter Gravel Inc $294.27
38985 Chris BeBeau BCRC $169.46
38986 Consumers Energy $1,365.81
38987 Culligan Water Conditioning $13.65
38988 Frontline Maintenance & Serv. $29,255.00
38989 H.S.V. Redi-Mix $1,644.80
38990 Hastings Ace Hardware $2.59
38991 Huizinga Rebuilding And Truck $866.04
38992 Lakeland Asphalt Corp $23,625.70
38993 Lincoln National Life Ins $206.00
38994 MacAllister Rentals $1,890.00
38995 Manpower of Hastings $914.16
38996 MCRCSIP $1,252.00
38997 Michigan Chloride Sales LLC $22,373.86
38998 Pete’s Tools & Repair $165.00
38999 Riverside Farms & Trucking LLC $8,424.88
39000 Rutland Charter Township $102.24
39001 Scott Civil Engineering Co $1,504.00
     
     
Check Number Vendor Name Check Amount
39002 Slagel Construction Inc $1,575.00
39003 SME Inc. $705.75
39004 Spotless Auto Lube & Wash $12.00
39005 St. Regis Culvert Inc $15,439.00
39006 Steensma Lawn & Power Equipment $4,330.00
39007 Total Funds $71.67
39008 Tractor Supply Company $344.94
39009 Unum $409.50
39010 Varipro Benefit Administrators $843.00
39011 Verizon Networkfleet, Inc. $2,279.65
39012 Woodland Auto Body $6,150.02
Sub-Total $265,596.39
09/21/2018
Check Number Vendor Name Check Amount
39013 Dan Dimond Equipment, Inc. $11,900.00
Sub-Total $11,900.00
Total $277,496.39

______________________________________________________________________________

 

Motion was made and seconded to sign the Easement and Right-of-Way Agreement for Ingress and Egress with the Bernard Historical Society and Museum.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

This easement and right-of-way grant is made and entered into this 2nd day of October, 2018 by and between The Bernard Historical Society and Museum, a Michigan Non-Profit Corporation, organized under the laws of the State of Michigan, located at 7135 Delton Road in Delton, MI 49046 (hereinafter “Grantor”) and Barry County Road Commission, a division of Barry County located in the State of Michigan, whose address is 1725 W M-43 Hwy in Hastings, MI 49058 (hereinafter “Grantee”).

 

WHEREAS, the Grantor owns, in fee simple, Lots 1, 2, 3, Bayview Resort Plat No. 1, according to the recorded plat thereof, as recorded in Liber 3 of plats, page 52; and, in fee simple, Lots 22, 23, 24, 25, 26, 27, 34, 35, 36, 37, 38, 39, 40, 41 and 42, Bayview Resort Plat according to the recorded plat thereof, as recorded in Liber 2 of Plats, Page 17.  Exhibit A (the portion of the plat which is the subject of this easement is Parcel 40 hereinafter “Grantor’s parcel”); and

 

WHEREAS, Grantee requires access to maintain roads under its jurisdiction, specifically Division Avenue.  Such road maintenance requires Grantee to access Grantor’s parcel for purposes of a vehicle turnaround; and

 

WHEREAS, the parties desire to create an easement and right-of-way over Grantor’s parcel to be used by Grantee for ingress and egress and to establish certain rights and obligations in connection therewith as more fully set forth herein (the “Easement Agreement”); and

 

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

 

  1. Grantor does hereby convey, grant and release to said Grantee a nonexclusive easement and right-of-way over that part of Grantor’s parcel which is described below.  The area constituting the Easement (“Easement Area”) is as follows:

 

 

 

 

THAT PORTION OF LOT 40 OF BAYVIEW RESORT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN LIBER 2 OF PLATS, PAGE 17, DESCRIBED AS FOLLOWS:  BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 40 OF BAYVIEW RESORT PLAT; THENCE NORTH 28°56’51” EAST, ALONG THE WEST LINE OF SAID LOT, 40.00 FEET; THENCE SOUTH 42°57’56” EAST, 40.00 FEET; THENCE SOUTH 28°56’51” WEST, 40.00 FEET; THENCE NORTH 42°57’56” WEST, ALONG THE SOUTH LINE OF SAID LOT, 40.00 FEET TO THE PLACE OF BEGINNING.

 

See Exhibit A “Parcel 4” for survey drawing.

 

  1. This Easement Agreement is granted for the sole use of Grantee’s required road maintenance and improvement, and is given for the sole purpose of allowing ingress and egress for the Grantee’s vehicular traffic.  There is no intention to grant third party beneficiary rights by the grant of this Easement Agreement.

 

  1. Grantee’s rights under this Easement Agreement are subject to any improvements which may be presently located in the Easement Area, and subject further to any prior easements, licenses, leases, or other interest in the land previously granted by Grantor or its predecessors in title.

 

  1. Grantee shall be responsible for any maintenance, repairs or replacement work to be performed in the Easement Area.  Grantee is permitted to remove trees, limbs, branches or brush as Grantee may deem reasonably necessary to maintain the Easement for its intended use.  Grantee shall maintain the Easement Area in a state of good repair including, but not limited to, the removal of snow and ice and shall bear all expenses in connection with maintaining any driveway in the Easement Area.

 

  1. Grantee shall not perform any work in the Easement Area which is of a permanent nature including, but not limited to, the construction of walls, fences, structures, or the reconstruction and/or expansion of the existing paved driveway without Grantor’s written consent.  Notwithstanding the above, the Grantee may perform such work in the Easement Area as is appropriate to maintain the existing pavement in a safe and good condition without the Grantor’s written Consent.

 

  1. Grantor expressly reserves the right to use and allow others to use the Easement Area for any purpose including, but not limited to, the construction, operation and maintenance of electric, gas and other utility facilities, under, over and across the Easement Area.

 

  1. Grantor shall not be liable to Grantee or Grantee’s agents, employees, contractors, invitees, or guests (hereinafter collectively referred to as “Grantee’s agents”) for any personal injury, property damage or loss of life or property caused by or arising out of, or in connection with the use of the Easement Area, or the exercise of any of the rights granted herein.

 

  1. The Easement hereby granted, and the covenants herein contained, shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns, including all persons or entities owning any interest in Grantee’s parcel.

 

  1. This Easement Agreement represents the entire agreement between the parties.  It may not be amended, altered or modified unless done so in writing by the entities against whom enforcement of any waiver, change or modification or discharge is sought.

 

  1. Use of the Easement Area by Grantee pursuant to this Easement Agreement shall comply with all applicable federal, state and local laws.

 

  1. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Michigan that are applicable to agreements made and to be performed in that State.

 

 

 

 

  1. Any waiver of any provision of this Easement Agreement shall not be controlling, nor shall it prevent or estop such party from thereafter enforcing such provision.  The failure of any party to insist in any one or more instances upon the strict performance of any of the terms of this Easement Agreement by another party shall not be construed as a waiver or relinquishment for the future of any such provision, and the same shall continue in full force and effect.

 

  1. No provision in this Easement Agreement is to be interpreted for or against any party because that party or that party’s legal representative drafted the provision.

 

  1. Nothing in this Easement Agreement constitutes, nor shall the same be construed, as a waiver of any governmental immunity provided to the County, its agents, employees and officers provided under common law or statute.

 

  1. This Easement Agreement and any originals of exhibits referred to herein may be executed in any number of duplicate originals or counterparts, each of which (when the original signatures are affixed) shall be an original but all of which shall constitute one and the same instrument.

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Motion was made and seconded

 

WHEREAS, the Board of the County Road Commissioners requests the laying out and designating of a drainage district and the location, establishment and construction of a drain, located in  Barry County, pursuant to Chapter 3 and Chapter 4 of Public Act 40 of 1956, as amended; and

 

WHEREAS, Section 327 of the Drain Code authorizes a board of county road commissioners to file with the Drain Commissioner an application for the laying out and designating of a drainage district and a petition to locate and establish a drain if necessary for the construction or maintenance of any highway to take the surplus water across adjacent lands; and

           

WHEREAS, the Board of County Road Commissioners has determined that the laying out and designating of the proposed drainage district and the locating and establishing of the proposed drain is necessary for the construction or maintenance of Sleepy Hollow Drive to take surplus water across adjacent lands, and is also necessary and conducive to the public health, convenience or welfare.

 

NOW, THEREFORE BE IT RESOLVED THAT, the Board of County Road Commissioners does authorize the filing of an application with the Barry County Drain Commissioner for the laying out and designating of a drainage district and a petition to locate, establish and construct a drain.

 

BE IT FURTHER RESOLVED THAT the Manager is authorized to execute the application for the laying out and designating of a drainage district and the petition to locate, establish and construct a drain.

 

BE IT FURTHER RESOLVED that the Secretary shall forward to the Barry County Drain Commissioner a copy of this Resolution for the application for laying out and designating a drainage district and the petition to locate, establish and construct a drain.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

 

 

 

 

 

 

Jess Webb with Miller Real Estate spoke to the Board about the house at 3117 E. Sager Road.  The house has been shown thirty times and they have two offers.  The offers were explained to the Board.

 

Motion was made and seconded to authorize Jake Welch, Director of Operations, to execute any and all documents in regards to the house at 3117 E. Sager Road and to act in the best interest of the Barry County Road Commission.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

______________________________________________________________________________

 

Bids for the Break Room Upgrade were opened on September 27, 2018 at 10:30 A.M.

 

Bidder                                                            Total Project Cost

CopperRock Construction, Inc.          $272,394.00

Wolverine Building Group                 $184,000.00

Mugen Construction, Inc.                   $191,467.00

 

Motion was made and seconded to have staff review the bids and speak to the bidders and to have the bidders revise as needed.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

______________________________________________________________________________

 

Motion was made and seconded to have a Special Meeting on Monday, October 8, 2018, at 7:30 A.M. to discuss the revised Break Room Upgrade bids.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

______________________________________________________________________________

 

Bid for a 60 ft X150 ft 3 sided cold storage building with 40 ft X 150 ft Lean to was rejected at the October 2, 2018 Board Meeting in the best interest of the Road Commission.  Employees since then have spoken to numerous contractors and asked them if they would be willing to put in a quote.  The Road Commission also researched the cost of purchasing the materials and doing the work in-house.

 

The following quotes were obtained:

 

Bidder                                                            Amount

Kauffman Construction                      $150,974.00

Dutch Brothers Construction              $91,735.00

CopperRock Construction                  $349,511.00

CopperRock Construction                  $581,882.00 – for both Cold Storage & Break Room

 

Motion was made and seconded to award the Cold Storage Building to Dutch Brothers Construction.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

 

 

 

 

 

 

Motion was made and seconded to sign the revised Managing Director Bradley S. Lamberg Employment Agreement extending employment through September 30, 2022.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

 

______________________________________________________________________________

 

Motion was made and seconded to approve the sale of equipment and miscellaneous items through Biddergy.  Items that do not sell to be sold for scrap metal.

 

ROLL CALL:  Yeas, Solmes, Fiala, & Dykstra

Nays, None

Motion Carried

______________________________________________________________________________

 

Meeting adjourned at 9:55 A.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_________________________________                   __________________________________

Secretary                                                                     Chairman

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