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NOVEMBER 27, 2013

WEDNESDAY, NOVEMBER 27, 2013 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 Tom Kramer General Superintendent; Dept. of Water & Sewer Representatives: Thomas Paige, Director; Supervisors – Terry Watson, Bangor; Mark Galus, Fraser; Tom Foret, Hampton; Gary Brandt, Monitor; and Paul Wasek, Williams; George Augustyniak, Fraser Township Trustee; Erich Smith, Wade-Trim, Inc.; and Danean Wright, Clerk of the Board.

The Pledge of Allegiance was recited.

Commissioner Gromaski moved to approve the minutes of the November 13, 2013 meeting. Motion was adopted on a roll call vote:

Yeas: Rivet, Rivard & Gromaski

PUBLIC INPUT – NONE

Board of County Road Commissioners

County of Bay

Resolution Authorizing the SAW Grant Agreement

Minutes of the regular meeting of the Board of the County Road Commissioners of Bay County, County of Bay, State of Michigan, (the “Municipality”) held on Wednesday, November 27, 2013.

PRESENT: Members: Gromaski, Rivard & Rivet

ABSENT: Members: None

Member Gromaski offered and moved the adoption of the following resolution, seconded by Member Rivet & Rivard

WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (“Part 52”), provides at MCL 324.5204e that the Michigan Finance Authority (the “MFA”) in consultation with the Michigan Department of Environmental Quality (the “DEQ”) shall establish a strategic water quality initiatives grant program; and

WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to municipalities for sewage collection and treatment systems or storm water or nonpoint source pollution control; and

WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a grant agreement (the “SAW Grant Agreement”) that requires the Municipality to repay the grant under certain conditions as set forth in MCL 324.5204e, as amended; and

WHEREAS, the Municipality does hereby determine it necessary to (select one or more) ☒ establish an asset management plan, ☐ establish a stormwater management plan, ☐ establish a plan for wastewater/stormwater, ☐ establish a design of wastewater/stormwater, ☐ pursue innovative technology, or ☐ initiate construction activities (up to $500,000 for disadvantaged community).

WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate principal amount not to exceed $707,000 (“Grant”) be requested from the MFA and the DEQ to pay for the above-mentioned undertaking(s); and

WHEREAS, the Municipality shall obtain this Grant by entering into the SAW Grant Agreement with the MFA and the DEQ.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The Chairman of the Board (Title of the Designees position), a position currently held by Richard S. Gromaski (name of the designee), is designated as the Authorized Representative for purposes of the SAW Grant Agreement.

2. The proposed form of the SAW Grant Agreement between the Municipality, the MFA and DEQ (attached Sample Grant Agreement) is hereby approved and the Authorized Representative is authorized and directed to execute the SAW Grant Agreement with such revisions as are permitted by law and agreed to by the Authorized Representative.

3. The Municipality shall repay the Grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority if the Municipality is unable to, or decides not to, proceed with constructing the project or implementing the asset management program for which the funding is provided within 3 years of the Grant award.

4. The Grant, if repayable, shall be a first budget obligation of the Municipality, and the Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the Municipality for the payment thereof, subject to applicable constitutional, statutory and Municipality tax rate limitations.

5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor shall it use Grant funds for the general local government administration activities or activities performed by municipal employees that are unrelated to the project.

6. The Authorized Representative is hereby jointly or severally authorized to take any actions necessary to comply with the requirements of the MFA and the DEQ in connection with the issuance of the Grant. The Authorized Representative is hereby jointly or severally authorized to execute and deliver such other contracts, certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to effect the approval and delivery of the Grant.

7. The Municipality acknowledges that the SAW Grant Agreement is a contract between the Municipality, the MFA and the DEQ.

8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution are rescinded.

Commissioner Rivard moved to approve the following meeting schedule for 2014:

PUBLIC NOTICE 2014

The regular meetings of the Board of County Road Commissioners, County of Bay, Michigan, will be held in their main office at 2600 E. Beaver Road, Kawkawlin, Michigan, on the following dates in 2014 at the posted times:

WEDNESDAY, JANUARY 8 9:00 a.m. WEDNESDAY, JULY 9 9:00 a.m.
WEDNESDAY, JANUARY 22 9:00 a.m. WEDNESDAY, JULY 23 9:00 a.m.
WEDNESDAY, FEBRUARY 5 9:00 a.m. WEDNESDAY, AUGUST 6 9:00 a.m.
WEDNESDAY, FEBRUARY 19 9:00 a.m. WEDNESDAY, AUGUST 20 9:00 a.m.
WEDNESDAY, MARCH 5 9:00 a.m. WEDNESDAY, SEPTEMBER 3 9:00 a.m.
WEDNESDAY, MARCH 19 9:00 a.m. WEDNESDAY, SEPTEMBER 17 9:00 a.m.
WEDNESDAY, APRIL 2 9:00 a.m. WEDNESDAY, OCTOBER 1 9:00 a.m.
WEDNESDAY, APRIL 16 9:00 a.m. WEDNESDAY, OCTOBER 15 9:00 a.m.
WEDNESDAY, APRIL 30 9:00 a.m. WEDNESDAY, OCTOBER 29 9:00 a.m.
WEDNESDAY, MAY 14 9:00 a.m. WEDNESDAY, NOVEMBER 12 9:00 a.m.
WEDNESDAY, MAY 28 9:00 a.m. WEDNESDAY, NOVEMBER 26 9:00 a.m.
WEDNESDAY, JUNE 11 9:00 a.m. WEDNESDAY, DECEMBER 10 9:00 a.m.
WEDNESDAY, JUNE 25 9:00 a.m. TUESDAY, DECEMBER 23 9:00 a.m.

The meetings held at these posted times shall be to conduct the business of the Road Department. The business of the Department of Water & Sewer will be conducted at meetings to begin immediately following the adjournment of the Road Department meetings.

Motion was adopted on a roll call vote:

Yeas: Gromaski, Rivet & Rivard

Commissioner Gromaski moved to release a bond held for Sterling Excavation Inc. for bond #55207249. Motion was adopted on a roll call vote:

Yeas: Rivet, Rivard & Gromaski

Commissioner Gromaski moved to approve payroll for the period of 11/2/13 through 11/15/13 in the amount of $110,850.24. Motion was adopted on a roll call vote:

Yeas: Rivet, Rivard & Gromaski

Commissioner Rivet moved to approve bills in the amount of $404,539.86. Motion was adopted on a roll call vote:

Yeas: Rivard, Gromaski & Rivet

Commissioner Rivard moved to approve permits 13-274 through 13-278. Motion was adopted on a roll call vote:

Yeas: Gromaski, Rivet & Rivard

Engineer-Manager’s Report – Blue Water Meeting on January 23rd – Three bridges to receive preventative maintenance in 2014; Mackinaw, Chip Road, and Wheeler Road – 2014 North Union (Two Mile to Euclid) reconstruction project update – Salzburg-11 Mile Road; Wade Trim almost done – Lauria Road and Euclid Road construction in 2014 for Bay County – Water Plant – Working with MDOT on Crane Road – Working with Williams Township on roads that will be crushed.

PUBLIC INPUT – P. Wasek discussed project on Garfield.

There being no further business before the Board, Commissioner Rivard moved to adjourn the meeting until Wednesday, December 11, 2013 at 9:00 a.m. Motion was adopted on a roll call vote at 9:28 a.m.:

Yeas: Rivard, Gromaski & Rivet

Respectfully Submitted by: Approved by:

Danean Wright Richard S. Gromaski

Clerk of the Board Chairman of the Board