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DECEMBER 12, 2012

WEDNESDAY, DECEMBER 12, 2012               ROAD                  REGULAR MEETING

The regular meeting of the Bay County Road Commission, Road Department, was called to order at 9:00 a.m., at 2600 E. Beaver Road, by the Chairman, Richard Gromaski.

Roll Call: Richard Gromaski, Edward Rivet & Michael Rivard

Also present were:      Road Commission Representatives: Jim Lillo, Engineer-Manager; Cory Wale, Assistant Engineer; and Randy Frederick, General Superintendent; Dept. of Water & Sewer Representatives: Thomas Paige, Director; and Jim Marter, Accounting Manager; Supervisors – Terry Watson, Bangor; Ronald Campbell, Frankenlust; George Augustyniak, Mark Galus, Superintendent, Fraser; Tom Foret, Hampton; Dennis Bragiel, Kawkawlin; Gary Brandt, Monitor; Michael Haranda, Mt. Forest; Sharon Stalsberg, Pinconning; Joanna Morin, Pinconning Asst. Clerk; and Paul Wasek, Williams; Mel McNally, Kawkawlin Township Trustee; and Jackie McCarthy, Clerk of the Board.

The Pledge of Allegiance was recited.

Commissioner Gromaski moved to approve the minutes of the November 28, 2012 meeting.  Motion was adopted on a roll call vote:

Yeas:   Gromaski, Rivard & Rivet

PUBLIC INPUT – Resident E. Meylan expressed his personal concerns regarding BCRC operations.

S. Stalsberg questioned public input at meeting for budget.

D. Bragiel questioned 8 Mile Bridge paving.

Commissioner Gromaski offered the following resolution and moved for its adoption:

Board of County Road Commissioners, County of Bay

Midland Area Transportation Study (MATS)

Resolution

RESOLUTION TO ESTABLISH AN INTERMUNICIPALITY COMMITTEE UNDER MICHIGAN

PUBLIC ACT 200 OF 1957 FOR PURPOSES OF TRANSPORTATION PLANNING IN THE

MIDLAND STUDY AREA

WHEREAS,   the urban transportation planning regulations implementing sections of the Federal-Aid Highway Act of 1962, and the Urban Mass Transportation Act of 1964, as amended, require that each urbanized area, as a condition of receipt of Federal transportation capital or operating assistance, having a continuing, cooperative and comprehensive (3-C) transportation planning process that results in plans and programs consistent with the comprehensively plan development of the urbanized area; and

WHEREAS,   the Midland Area Transportation Study was initiated in 2012 to conduct a transportation planning process in response to the Federal-Aid Highway Act of 1962 and    the Urban Mass Transportation Act of 1964, as amended; and

WHEREAS,   urban transportation planning funds from the United States Department of Transportation are available, directly or indirectly, to the Midland Area Transportation Study to carry out the transportation planning process in the Midland Study Area; and

WHEREAS,   the Bay County Road Commission (BCRC) has previously participated and agrees to continue to participate with other local municipalities in the comprehensive, cooperative and continuing transportation planning process for that Midland Study Area; and

WHEREAS,   Michigan Public Act 200 of 1957 provides for the creation, by two or more municipalities, of an Intermunicipality Committee for the purpose of studying area problems; and

WHEREAS,   the Intermunicipality Committee may accept gifts and grants from the Federal, State and  Local Governments, also from private individuals, foundations or agencies, if such grants are made for furtherance of the objectives for which the Intermunicipality Committee is established; and

WHEREAS,   resolution to join in creating an Intermunicipality Committee as provided by Michigan Public Act 200 of 1957, does not obligate the BCRC to any dues, fees or other financial commitments to the Intermunicipality Committee.

NOW, THEREFORE, BE IT RESOLVED,  that the BCRC, together with the City of Midland, the charter township of Larkin, the townships of Edenville, Homer, Hope, Ingersoll, Jerome, Lincoln, Midland, Tittabawassee, and Williams, the Village of Sanford, the County of Midland, County of Bay, County of Saginaw, City of Auburn has duly considered the creation of such an Intermunicipality Committee and the BCRC does hereby agree to join with those municipalities similarly agreeing to jointly and mutually establish and organize an Intermunicipality Committee under Michigan Public Act 200 of 1957 for the purpose of studying the area transportation problems of mutual interest and concern, such Intermunicipality Committee hereinafter referred to as the Midland Area Transportation Study;

BE IT FURTHER RESOLVED THAT:

  1. the Intermunicipality Committee created by this resolution shall be that organization previously established and presently operating as a voluntary association under the name Midland Area Transportation Study;
  1. in addition to the municipalities herein named, and accordance with the Bylaws, the Midland Area Transportation Study as an Intermunicipality Committee shall include a duly appointed representative from the Midland County Road Commission, Bay County Road Commission, Saginaw County Road Commission, Federal Highway Administration, Michigan Department of Transportation, Midland County Connection, Dial-A-Ride Transportation;
  1. membership on the Committee may in the future include other such units of government, agencies, commissions or committees that would be eligible in accordance with the Bylaws;
  1. the Bylaws, that are being developed by the Midland Area Transportation Study, shall be the Bylaws of the Intermunicipality Committee;
  1. the Midland Area Transportation Study shall operate and act in compliance with and under the authority of Michigan Public Act 200 of 1957 and shall have the duties, privileges and rights prescribed in that Act;
  1. the Midland Area Transportation Study shall develop transportation plans and programs for the Midland Urbanized Area, integrally considering local, county, regional and state plans;
  1. the Midland Area Transportation Study broad objectives encompass, but are not limited to the following;

a    to develop transportation plans and programs and establish processes for the continuing review of plans, recommendations, and programs to facilitate the movement of persons and goods in the Midland Study Area;

b.   to design and carry out the assembling and analysis of information pertaining to transportation within the area;

c.   to coordinate transportation facility implementation and operation within the Midland Study Area;

d.   to review and evaluate the planning and programming of transportation related activities, projects and programs within the Midland Study Area as they may impact the transportation system;

e.   to assist in project implementation where such projects require organizational, functional and operational analysis and/or to undertake those implementation functions not reserved to other agencies or as may be appropriately delegated by such other agencies; and

f.    to establish and implement a continuing program of public information regarding transportation planning, programs and projects.

Signatories to this resolution mutually agree to join in and ascribe to this comprehensive, continuing and cooperative transportation planning process for the Midland Study Area, in fulfillment of the requirements of the Federal-Aid Highway Act of 1962, the Urban Mass Transportation Administration Act of 1964, as amended, and other relevant acts, regulations, or directives pertaining to Federal and State participation in the transportation planning program and projects in the Midland Urbanized Area.

On a motion made by Gromaski seconded by Rivard to adopt the Resolution  in support of the establishment of an intermunicipality committee, under Michigan Public Act 200 of 1957, for the purposes of transportation planning in the Midland study area.

Motion was adopted on a roll call vote:

Yeas:  Gromaski, Rivet & Rivard

Commissioner Rivard moved to approve Annual Truck Overweight, Over Width Permits.  Motion was adopted on a roll call vote:

Yeas:   Rivard, Rivet & Gromaski

Commissioner Rivet moved to approve to extend bid pricing for 2013 with Foster Blue Water Oil (formerly Karbowski Oil) for fuel for above ground tanks.  Motion was adopted on a roll call vote:

Yeas:   Rivet, Gromaski & Rivard

Mrs. McCarthy presented a Township Invoice Status Report & Township Agreement Schedule.  Commissioner Rivet moved to receive.  Motion was adopted on a roll call vote:

Yeas:   Rivet, Gromaski & Rivard

Commissioner Rivard moved to receive Preliminary 2013 Budget and Budget Adjustments for 2012 based on actual income and expense for the year through 11/30/12.  A final report will be presented at the 12/27/12 meeting.  Motion was adopted on a roll call vote:

Yeas:   Rivet, Gromaski & Rivard 

Commissioner Gromaski moved to approve to hold Public Hearing on December 27, 2012 at 9:30 a.m. for Road & 10:00 a.m. for DWS for 2013 Budget.  Motion was adopted on a roll call vote:

Yeas:   Gromaski, Rivard & Rivet 

Commissioner Rivet moved to support the change to the CRAM Constitution and Bylaws to include a one-time special assessment of $1000 per Road Commission for the purpose of road funding advocacy and education and mark the official CRAM ballot with a “YES” vote.  Motion was adopted on a roll call vote:

Yeas:   Rivet, Gromaski & Rivard           

Commissioner Rivard offered the following resolution and moved for its adoption: 

WHEREAS, the Board of County Road Commissioners, County of Bay, recognize and support road projects that enhance Bay County, its communities, and Townships, including enhancements involving employment and job creation, road quality, and overall public safety and convenience, 

WHEREAS, The Board has been involved in the proposed road project involving the reconstruction of Salzburg Road from Carter Road to Eleven Mile Road and Eleven Mile Road a point approximately ½ mile north and reconstruction of the Salzburg / Carter and Salzburg / Eleven Mile intersection to All-Season standards within the Township of Williams.

NOW THEREFORE BE IT RESOLVED, that the Board hereby supports the proposed project to reconstruct Salzburg Road, Carter Road to Eleven Mile Road and Eleven Mile Road to a point ½ mile north, along with the Salzburg / Carter and Salzburg / Eleven Mile intersections to All-Season Standards and hereby authorizes staff to submit a Category “A” grant application for consideration of funding for the 2013 calendar year.

 BE IT FURTHER RESOLVED, that the Board hereby commits the monetary, technical and administrative assistance necessary to complete the design and construction of this project.  This commitment includes providing the necessary local match, funding for design and construction engineering, any additional right-of-way costs and future maintenance costs associated with maintaining this project to the All-Season standard it is to be designed and constructed to. 

Motion was adopted on a roll call vote:

Yeas:   Rivard, Rivet & Gromaski 

Commissioner Gromaski moved to approve Release of Bond to Shaw Contracting.  Motion was adopted on a roll call vote:

Yeas:   Gromaski, Rivard & Rivet  

Commissioner Gromaski moved to approve payroll for the period of 11/17/12 through 11/30/12 in the amount of $121,396.15.  Motion was adopted on a roll call vote:

Yeas:   Gromaski, Rivard & Rivet

Commissioner Rivard moved to approve bills in the amount of $291,230.77.  Motion was adopted on a roll call vote:

Yeas:   Rivard, Rivet & Gromaski 

Commissioner Rivet moved to approve permits 12-290 through 12-301.  Motion was adopted on a roll call vote:

Yeas:   Rivet, Gromaski & Rivard

Engineer-Manager’s Report – Overtime report – Appreciation to Monitor Township for discussing road funding in their township newsletter – Rural Task Force Meeting is 1/7/13 and regional meeting is 1/8/13 – Delivery of new aerial bucket truck – Status of 2013 Beaver Road and Midland Road projects – Sign Grant project to be complete this week – Extension of West Bay Exploration Oil & Gas Lease until 12/31/13 – Discussion of public input comments – Status of Ricoma beach project.

PUBLIC INPUT – S. Stalsberg commended Engineer-Manager and Board for response to resident complaints.  She questioned budget items and requested additional review of Township Maintenance Budgets.

G. Augustyniak questioned signage changes.

G. Brandt questioned road damage on 3 Mile.

P. Wasek questioned possibility of involvement of County for 5//19/13 Great Lakes Bay Marathon.

Commissioner Gromaski moved to accept extension of Oil & Gas Lease with West Bay Exploration for an additional year expiring on 12/31/13.  Motion was adopted on a roll call vote:

Yeas:   Gromaski, Rivard & Rivet

 

There being no further business before the Board, Commissioner Rivard moved to adjourn the meeting until Wednesday, December 27, 2012 at 9:00 a.m.  Motion was adopted on a roll call vote at 10:20 a.m.:

 Yeas:   Rivard, Rivet & Gromaski

 

Respectfully Submitted by:                                        Approved by:

 Jackie McCarthy                                                         Richard S. Gromaski

Clerk of the Board                                                      Chairman of the Board