The regular meeting of the Board of County Road Commissioners of the County of Calhoun was held Wednesday, April 19, 2006 at 9:00 a.m. in their office located at 13300 Fifteen Mile Road, Marshall, Michigan.

Present: Commissioner Chester E. Travis, Chairman
Commissioner David D. Veramay, Vice-Chairman
Commissioner Charles E. Monaweck, Member
Joanna Johnson, Assistant Managing Director
Kevin Henning, Finance Director
Pixie Coats, Human Resource Director
Also Present: Tom Frank, Albion Township Supervisor
John Neterer, Leroy Township Supervisor
Eugene Hamaker, Marshall Township Supervisor
Richard Harvey, Bedford Township Trustee
Jim Demarest, Emmett Township Supervisor
Arthur Farmer, Lee Township Supervisor
Bob Brownell, Marengo Township Supervisor
Sharon Drumhiller, Tekonsha Township Supervisor
Peter Shrontz, Marengo Township Trustee
Lynn Hagelshaw, Burlington Township Resident
Gardy Berezonsky, Marengo Township Resident
Joseph Bramble, Convis Township Resident
Clarence Millard, Newton Township Resident
Maurice Shaffer, Newton Township Resident
Jim Russell, Calhoun County Road Commission
Steve Ball, Calhoun County Road Commission
Robert Volkmer, Calhoun County Road Commission
Hershel Stacy, Calhoun County Road Commission
Dave Fuller, Calhoun County Road Commission
Erin Cummings, Calhoun County Road Commission

Chairman Chester Travis called the meeting to order at 9:00 a.m. There being no additions or corrections to the regular meeting minutes of April 5, 2006 they stand approved as printed and distributed.

COMMUNICATIONS AND RESOLUTIONS

· Received a memo from the Managing Director asking for a determination from the Board regarding Plantings in Right-of-Way
· Received MDOT Contract No. 2006-0299, requesting to exchange federal aid for state dollars

NEW BUSINESS

Moved by Commissioner Monaweck and supported by Commissioner Veramay to approve the April 10, 2006 accounts payable for $270,628.43. Voice vote: Motion carried.

Moved by Commissioner Monaweck and supported by Commissioner Veramay to approve the April 12, 2006 payroll for $137,154.59. Voice vote: Motion carried.

Moved by Commissioner Monaweck and supported by Commissioner Veramay to approve Resolution 2006-0299, authorizing the Managing Director to sign the MDOT Contract No. 2006-0299, requesting to exchange federal aid for state dollars. Voice vote: Motion carried.

RESOLUTION 2006 - 02

WHEREAS, an agreement between the Michigan Department of Transportation and the Board of County Road Commissioners of the County of Calhoun, Michigan for the purpose of buying out federal funds from the Surface Transportation Program (STP) and the Transportation Economic Development Fund (TEDF).

WHEREAS, MDOT will buy out the County’s federal aid at the rate of Seventy-Five Cents ($0.75) in state funds to One Dollar ($1.00) in federal funds allocated to the County; and

WHEREAS, this buyout rate will be effective for the life of this Memorandum of Understanding; and

WHEREAS, the state funds will be distributed to the County in a annual lump sum payment based on target allocations of federal funds to the County; and

WHEREAS, these state funds are to be used in the same manner as other funds distributed to the County through Act 51; and

WHEREAS, Dennis Randolph, Managing Director be authorized to sign contracts on behalf of the Board of County Road Commissioners of the County of Calhoun; and

NOW, THEREFORE BE IT RESOLVED, that the Calhoun County Road Commission acknowledges and accepts Dennis Randolph, Managing Director to sign MDOT Contract No. 2006-0299 on behalf of the Board of County Road Commissioners of the County of Calhoun.

Moved by Commissioner Veramay and supported by Commissioner Monaweck to approve a policy of no new tree or vegetation plantings in the county right-of-way or approve to continue allowing selected plantings in the right-of-way under permit, if a determination of no traffic hazard is made by the permit and traffic engineering staff.
Mrs. Coats stated that this was asking for a decision by the Board between the two suggestions.

Commissioner Travis asked the Board which way they wanted to vote; no new trees or do we want to allow it through a permit.

Commissioner Monaweck stated that he would like to see the Board allow the engineering and permit staff to make a determination on a case-by-case basis rather than a hard fast rule.

Commissioner Veramay stated that he would agree based on the pictures that were presented to the Board. He thought we could, within reason, allow people to make improvements on their property. When we make these decisions, we have to let the property owner know that cleaned up on either side of that property, and the trees he has planted, may possibly have to come down. It’s a lot harder to take a tree down when it’s 15 or 20 years old, rather then when it’s a sapling. We can’t, under any condition, allow someone to do something that is going to cause a traffic hazard. The only way we can do this is to let our engineering staff and our supervisors make that determination. Commissioner Veramay said to Mr. Shaffer that he needed to understand that when you take that much room out of a road, it is another whole lane of traffic. Eleven feet is a lane of traffic. If I had my way, I would like to see a policy that states no trees get planted in our road right-of-way. However, when we ask for grants from the state, part of that procedure is to replace trees that were in our road right-of-way.

Mrs. Johnson commented that it has been difficult for our Permit Agent to address right-of-way issues after placed. Permits are renewed on a case-by-case basis. However, in any case, should a resident inquire, follow procedure by requesting a permit, in the road right-of-way, it is looked at on a case-by-case. Many times we don’t allow trees to be planted in the road right-of-way because we continue to spend thousand of dollars removing trees. I do think we have a du-diligence for the future of this Road Commission, and to be proactive because of the dollars that are spent on the removing of trees in the road right -of-way now.

Commissioner Veramay asked if the Board could get some information from the Forestry Department on the type of trees that could do damage to our roads. There are some trees that should not be planted close to the road and there are trees that are suited for the road right-of-way. He would like to see us make a determination on just what kind of trees you can plant.

Commissioner Travis asked if planting certain trees could be included under the permit, with the engineer’s decision and certainly not allow planting under any wires.

Commissioner Monaweck stated that he went out to Mr. Shaffer’s site and it is a very narrow little road and he is at the very end of it. This is one that should be by a case-by-case rather than a hard fast rule. There is only one house across from him, it will be a good many years before anyone has a problem and then it would only be Mr. Shaffer or his neighbor with a problem.
Mr. Russell commented that through his experience, he remembers when trees were planted in the road right-of-way on 26 Mile Road. They have had to go out with the Sheriff Department and a work crew to trim those trees. It’s not easy going up against someone who wanted to keep those trees the way they are even though they can’t see out of their driveway. They are now a safety hazard.

Commissioner Monaweck stated that maybe we should include in the permit requirements, that the Road Commission can go out and trim trees at will.

Mr. Millard suggested that they add boulders to the permit. He stated that some people put boulders in the right-of-way and they can be dangerous. Mr. Millard commented that if the permit states that they can’t plant within fifty feet of the centerline, it would then put it back on private property and would take care of the problem. Mr. Millard also suggested that we not allow any nut trees next to the road.

Commissioner Veramay stated that he thought we needed a policy that states what type of tree we will allow to be planted. Lets not create a problem that will cost someone a lot of money at a future date. Whatever the Road Commission team recommends, is the way we should go, so he agreed with Commissioner Monaweck.

Mr. Shaffer asked if it was going to have a common sense policy of trees that are planted along the road. Commissioner Veramay said, not along the road, on your property. Mr. Shaffer noted there are other trees that are already planted along the road and no one has made mention of that. Mr. Shaffer said the big problem is that he is being singled out for what he did compared to what others have already done.

Commissioner Travis asked Mr. Shaffer if he had been given permission to leave his trees. Mr. Shaffer said he had not been given permission.

Mrs. Johnson commented that we have had issues in the road right-of-way, whether it has been mailboxes or boulders or anything put within the road right-of-way and therefore we are trying to take a pro-active stance so that in the future we don’t have this very problem. Until we begin to take a pro-active measure, there will continue to be issues within the road right-of-way

Commissioner Travis stated that when many of these trees were planted, the farmers had smaller equipment to go down the road with and a horse and plow didn’t take up much room. It should now be regulated.

Commissioner Veramay stated that long after we are all dead and gone from this world, these trees will be big someday. When you take eleven feet out of our road, that is a lane of traffic and we can’t afford to do that. Commissioner Veramay stated that the only reason he is considering Mr. Shaffer’s issue is because of the condition of the road and I have spoke to our staff and said we could work with you on this but if there comes a time when the road is going to be improved then you may very well lose some of those trees.

Moved by Commissioner Veramay and supported by Commissioner Monaweck to approve planting in the road right-of-way with a permit. Voice vote: Motion carried. Commissioner Travis voted no.

Commissioner Travis said that he did not think it was a good idea to plant anything in the road right-of-way only because someday it is going to cost the Road Commission money to remove it and it will be a problem.

Commissioner Veramay stated he wanted to amend the above motion and offer another motion. When the Road Commission deviates from the policy of not allowing planting in the road right- of way, then before we issue a permit, it should go before this Board and we should take a look at it, then make a determination of whether or not to allow plantings in the road right-of-way.

Commissioner Monaweck asked for clarification. Commissioner Veramay replied that if someone wants to plant trees in the road right-of-way, we are leaving it up to our Permit Agent to fight with the property owners and he didn’t think they should have to do that. Commissioner Veramay stated to bring the issue to this Board; the Board will make the determination. He felt his determination would be no.

Mrs. Cummings asked the Board if that would only pertain to trees or would that include everything that people are asking for in the right-of-way.

Commissioner Veramay said that he thought it should be everything. If the Permit Agent determines it is a hazard to the road right-of-way, then just simply say no, otherwise, tell them you will bring it before the Board and the Board will make the determination.

Mrs. Cummings said she thought that would be great.

Moved by Commissioner Veramay and supported by Commissioner Monaweck to approve the motion that if we deviate from our policy of not allowing plantings in the road right-of-way, then the issue should be brought before the Board and the Board will make the determination. Voice vote: Motion carried.

MANAGING DIRECTOR’S REPORT

Mrs. Johnson provided the Board with the following information:

· Continue to maintain patching on potholes
· Crews are continuing to work on the tree list
· Gearing up for our construction season
· Road work list is being finalized
· Continuing to work on road repair in the County

Mrs. Johnson stated that she wanted to talk about the roadwork list specifically. We have a wish list a mile long of roads that we would like to complete throughout the County. At present we have approximately $610,000.00 of match dollars. We have approximately $187,000.00 coming from township local match. Our team is looking to finalize the roadwork list and ensure a good mix of fixes and obviously make sure we stay within budget. We are trying to finalize this by the end of this week. This includes both paving operations and chip and seal. Everyone has been very patient and it is appreciated.

We are also going to have an advertisement in the newspaper notifying citizens how they can contact the Road Commission. We have also worked with Nick Schrippa from the Enquirer, he will be adding our contact into the road watch list of any of the road improvements. Mrs. Johnson stated that she would like to ask the townships if they have a newsletter going out, to let us know and could include a copy of the ad.

Mrs. Johnson commented that the Road Commission will have our first newsletter going out to all the townships soon.

Mrs. Johnson stated that we have received a $3,600.00 grant with 3M and the National Association of Civil Engineers allowing us to put green sheeting on any high hazard roads safety markers throughout the county. Both Mrs. Kline and Mr. Stacy are working on this grant.

Mr. Henning stated that he and Mrs. Johnson went to Kalamazoo for training on the Transportation Asset Management Council’s Internet reporting web site. This is used to track the amount of roadwork improvement programs throughout the state, how much each county or municipality is putting into their road programs, and the condition of those roads. We have shared paser ratings with our townships this past year. We were able to do that because we partnered with BCATS on a pilot program and were able to go out and rate each one of our roads. We will be able to use our Roadsoft program and upload that into the Transportation Asset Management Council database, which will save us from re-entering everything. We will be the first county in the state to have our primary and local road system accounted for at the state level.

Mr. Henning stated that he is continuing to work on the audit for 2005 and it should be completed at the end of this week. The Act 51 report that is due to the State May 2nd has been completed in draft form and will be finalized once we close out the year.

COMMISSIONER’S COMMENTS

Commissioner Monaweck commented that he received a positive comment from a grain hauler who said; although unsightly, the boom mower seems to be doing the job and in the southern part of the county he has not had one ripped tarp. He is very pleased with the trimming that we are doing.

Commissioner Monaweck stated that he drove from M-66 to Warner Lake on N Drive South he noticed that the type of patching that was done is smooth and they had done a good job. Commissioner Monaweck commented that he stopped to look at the job and he noticed that the material looked like it was a different kind. After talking to Hershel yesterday, he found out that it is a different material that they are working with now. Commissioner Monaweck said that it is a very big improvement.

Commissioner Monaweck referred to the ad that was put in the paper and remarked that he thought it was a super thing to do. He questioned if the outlining areas were receiving these papers. Mrs. Johnson stated that she thought that they did receive the Ad-visor and the Shopper. Commissioner Monaweck stated that he thought this was a very positive step.

Commissioner Veramay asked Mrs. Johnson if she would look into what kind of trees would be suitable to plant in the road right-of-way. Mrs. Johnson stated that she would look into it.

SUPERVISOR’S & PUBLIC OFFICIAL’S TIME

Mr. Farmer said that he just wanted to say thank you to the Road Commission. He stated that he has had some good feedback from the residents in Lee Township and they have noticed the patching trucks out and think they have done an excellent job.

Mr. Hamaker stated that they are working on their long-term road plan.

Mr. Demarest asked if the newsletter was available in a pdf format so that they can put it on their web site. Mrs. Johnson said that it would be available in pdf format. Mr. Demarest also stated that Access Vision in Battle Creek reaches a significant amount of people in the communities and we may want to consider this as well.

Mr. Demarest asked Mrs. Johnson when the Shadowood project was scheduled to start. Mrs. Johnson stated that it has not been determined yet, but we are planning on doing the majority of our paving in June.

Mr. Demarest made a comment from BCATS, stating that they are very pleased with the cooperation from the Road Commission. The Road Commission is a big part of BCATS and he wanted to make sure the Board was aware of that.

Mr. Demarest asked if the Board was interested in taking a position on the transit situation in the Battle Creek metropolitan area. One of the areas that will be cut is the Calhoun County Medical Care Facility. Mr. Demarest noted that this would be doing an injustice to the Calhoun County residents that live in those facilities. Mr. Demarest asked if the Board would be willing to look at how it impacts the greater citizens of Calhoun County and make a statement. Commissioner Travis asked if he had a resolution to present to the Board. Mr. Demarest said that he did not. He would like the Board’s staff to brief them and the Board can make their determination.

Commissioner Veramay stated that public transportation in Calhoun County has been one of the Board’s concerns for some time. We have tried a couple of different steps and they didn’t seem to work. The Board was hoping that when the casino came into the county, that it would help the whole County when it came to transportation.

Commissioner Travis stated that he would ask the staff to look into public transportation and see what they can come up with as far as support.

Mrs. Johnson asked Mr. Demarest if Battle Creek Transit has met with the townships to discuss the issue. Mr. Demarest stated that they have not had this type of discussion with the townships. The City of Battle Creek has only told the townships what they would have to pay.

Mr. Frank stated that the crew for tar and chip are doing a good job this year and would like to thank Dave Fuller and his crew. Mr. Frank asked what the County was going to do with the dead deer policy. Mrs. Johnson stated that she was doing some research on it and has some calls into Lansing to get more information, so it is still being researched.

Mrs. Drumhiller stated that tomorrow night at 7:00pm the MCA meeting will be in Tekonsha, at the township hall.

CITIZEN’S TIME

Mr. Hagelshaw stated that he appreciated what the Board has done for Mr. Shaffer. Mr. Hagelshaw commented that he had gone down that road after the last Board meeting and said that he thought he doubled the traffic down that road for the day. Mr. Hagelshaw asked about the Glenn Cross Road extension. Mrs. Johnson stated that we didn’t have the funding for that road, however it is part of a long-term plan. Mr. Demarest also noted that previous potential buyers of a large parcel in that area would have also assisted with those costs. Mr. Hagelshaw asked how the Board was coming on the contracts. Commissioner Travis stated that we have three contracts that are in place for another three years, so we haven’t been in a big rush.

Mr. Bramble stated that you can put a lot of stuff in the papers but how are you going to get the folks to read it. Mrs. Johnson stated that we have put information in the Convis Township newsletter. Mr. Bramble said yes, even then people don’t read that information.

Mr. Berezonsky asked if the Road Commission has the last word on the resolutions from the townships for road repair. Mr. Berezonsky asked if the Road Commission will do work even if the road doesn’t need it. Mrs. Johnson said that the Road Commission has discretion and may not match township money on a road that does not need repair. Mr. Berezonsky also asked if there was a fee for the permit that is needed for planting trees in the right-of-way. Mrs. Cummings stated that the permit fee is $75.00.

Mr. Shaffer stated he asked the Board’s consideration on the trees he planted and understood a decision would be made today. Mrs. Johnson stated that the Board reviewed the memo from Mr. Randolph and first you need to fill out a permit. We will assess the situation and give you a determination.

The next regular meeting of the Calhoun County Road Commission Board is scheduled for Wednesday, May 3, 2006 at 9:00 a.m. There being no additional business before the Board, Chairman Travis adjourned the meeting at 9:50 a.m.