June 17, 2003 | Barry County Road Commission

The regular meeting of the Barry County Road Commission was called to order. by Chairman Willcutt at 9:00 A.M.

Members present: Willcutt, Pashby, Dykstra, and Managing Director Brad Lamberg.

The agenda for the June 17, 2003 meeting was approved.

The minutes of June 3, 2003 was approved as read by the Secretary.

Motion by Commissioner Dykstra seconded by Commissioner Pashby to approve the payroll for payment.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

CHECK NAME AMOUNT

Barry County Road Commission $81,272.83

Motion by Commissioner Dykstra seconded by Commissioner Pashby to approve the bills for payment.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

CHECK NAME AMOUNT

013764 Kendall Industrial, Inc. 72.77

013765 Napa Auto Parts 449.59

013766 State Wire & Terminal 206.11

013767 Wyoming Asphalt Paving Company 390.81

013768 Michigan Chloride Sales 11,458.75

013769 Airport Sand & Gravel 160.00

013770 Regions Interstate Bill 332.75

013071 Alltell 215.24

013772 Alro Steel Corporation 158.73

013773 Arch Wireless 32.84

013774 Aristochem, Inc. 860.53

013775 Barry County Lumber 5.58

013776 Barry County Treasurer 6,089.89

013777 Beaver Research Company 1,020.85

013778 Besco Water Treatment, Inc. 51.26

013779 Bill Seif 631.37

013780 Brad Lamberg 464.04

013781 Burkey Sales & Service 185.80

013782 Callender & Dornbos 868.99

013783 Cappon’s 51.00

013784 City of Hastings 344.82

013785 Coldwell Banker Lakewood. 35.00

013786 Colwell Equipment Company, Inc. 204.12

013787 Consumers Energy 16.88

013788 Davis Construction Company 420.00

013789 Duthler Truck Center 41.80

013790 Fidelity Investments 6,132.48

013791 Fillmore Equipment, Inc. 306.57

013792 Fitzpatrick’s 515.00

013793 Grant’s Woodshop, Inc. 1,830.00

013794 Halliday Sand & Gravel 39,520.00

013795 Hastings Office Supplies 65.27

013796 Hoeksema Tool Service, Inc. 140.30

013797 Ikon Office Solutions 433.93

CHECK NAME AMOUNT

013798 Jerry’s Tire Service 1,952.47

013799 Kendall Industrial, Inc. 162.74

013800 Kent Oil Company, Inc. 9,229.50

013801 Lakeland Asphalt Corporation 359.30

013802 M & K Quality Truck Center 747.57

013803 Michigan Asphalt 1,817.08

013804 Michigan Cat 2,020.92

031805 Michigan Company, Inc. 228.73

013806 Model Coverall Service 32.26

013807 Napa Auto Parts 295.75

013808 NBT Screen Printing 66.00

013809 Neal’s Truck Parts 276.90

013810 Nextel Communications 229.31

013811 Pennock Hospital 232.00

013812 Postmaster 126.00

013813 Price and Company, Inc. 21,900.00

013814 Purity Cylinder Gases, Inc. 27.20

013815 Quality Staffing Solution 736.95

013816 Radio Communications, Inc. 1,536.00

013817 Radio Shack 132.98

013818 Railroad Street Mill 1,210.00

013819 Randy Roush 248.53

013820 Road Equipment Parts 818.36

013821 RXOptical 70.00

013822 SAE Industries, Inc. 72.96

013823 Sanisweep, Inc. 770.00

013824 Spencers Towing & Tire 97.50

013825 State Spring Service 1,325.45

013826 State Wire & Terminal 197.88

013827 Truck & Trailer Specialties 96.00

013828 Valley Industrial Products, Inc. 86.53

013829 Verplank Trucking Company 45,161.38

013830 Walker, Fluke, Sheldon PLC 65.00

013831 Waste Management of Michigan 144.98

013832 Wonch Battery Company 94.95

013833 Wyoming Asphalt Paving Company 2,428.71

TOTAL 168,710.96

Motion by Commissioner Dykstra seconded by Commissioner Pashby to accept the resolutions from Yankee Springs Township.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

Be it resolved at a special meeting of Yankee Springs Township Board held on June 3, 2003 motion made by Supervisor McCrumb, second by Trustee Cook to adopt Resolution No. 06-01-03 approving Barry County Road Commission Paved Road Repair Slag Seal 2003-2004/ Yes: McCrumb; Lippert; Cook; Finkbeiner; No: Jerkatis. As follows:

Lynn Drive North of Chief Noonday $ 5,000.00

Frederick & Oakwood Drive Bowens Mill Road South & West

To Dead End 20’ Wide ` $ 5,000.00

Bluff Drive Briggs Road to Bowens Mill

20’ & 22’ Wide $ 7,000.00

Bass Road Patterson Road to Briggs Road $ 6,300.00

Bass Road Briggs Road to Cherry Valley Road $ 1,600.00

Payne Lake Road Cobb Lake Road to Bowens Mill $ 8,500.00

Payne Lake Road Chief Noonday Road to Cobb Lake Road $ 8,500.00

Yankee Springs Township Resolution Cont.

Gun Lake Road Yankee Springs Road to Shaw Road $13,600.00

Archwood Drive Chief Noonday Road to 2100 South

20’ Wide $ 3,100.00

Trail’s End Hastings Point Road to Township Line $ 1,000.00

Total Slag Seal $59,600.00

Be it resolved at a special meeting of Yankee Springs Township Board held on June 3, 2003 motion made by McCrumb, second by Jerkatis to adopt Resolution No. 06-02-03 approving Barry County Road Commission Crushed Gravel Application with Fabric (Bowens Mill Road). Yes: McCrumb; Lippert; Cook; Finkbeiner; and Jerkatis. As follows:

Bowens Mill Road Bassett Lake to Norris $ 275.00

Hermitage Trail Trails End to Hastings Point $ 550.00

Norris Road Bowens Mill to Shaw Lake $ 1,650.00

Norris Road Shaw Lake to Town Line $ 550.00

Bender Road Shaw Lake to Town Line $ 770.00

Bassett Lake Road Bowens Mill to Morey Drive $ 1,430.00

Morey Drive West of Bassett Lake Road $ 440.00

Upton & Kiser Road Morey Drive to Shaw Lake Road $ 880.00

Kiser Road Shaw Lake to Town Line $ 440.00

Peets Road Bowens Mill to M-37 (1/2 of Y.S. Share) $ 550.00

Peets Road Bowens Mill to M-179 (1/2 of Y.S. Share) $ 220.00

Bowens Mill Road Peets to Yankee Springs $ 1,100.00

Old Mill Road Bowens Mill South to Mill $ 110.00

Crushed Total 169 Loads or 1690 Yards $ 8,965.00

Plus Fabric Bowens Mill Road

West of Bassett Lake Road 660’ of Fabric $ 325.00

Total Amount $ 9,290.00

Be it resolved at a special meeting of Yankee Springs Township Board held on June 3, 2003 motion made by McCrumb, second by Lippert to adopt Resolution No. 06-03-03 approving Barry County Road Commission Dust Control Chloride Applications: All Yes As follows:

1^st Run with 38% Chloride 1.97 Miles $ 730.00

Full Width 14.69 Miles $10,870.00

2^nd Run with 26% Chloride 1.97 Miles $ 345.00

Full Width 14.69 Miles $ 5,485.00

Approved Chloride Application as stated above: $17,430.00

Grand Total for 2003-2004 Road Budget to Barry County Road Commission $86,320.00

Motion by Commissioner Pashby seconded by Commissioner Dykstra to accept the resolution from Baltimore Township.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

Baltimore Township Resolution

On March 28, 2003 the Baltimore Township board approved doing the following road projects for the 2003-2004 season:

Slag seal at the Clear Lake access.

Slag seal on Maple Grove Road to Butler Road splitting cost with Maple Grove Township.

Painting lines on Sager Road from South Broadway to M-37, splitting the cost with Hastings Township.

Motion by Commissioner Pashby seconded by Commissioner Dykstra to hereby request reimbursement in the amount of $10,000.00 for payments made during the period of July 1, 2002 through June 30, 2003 to a licensed professional engineer employed by this Commission in accordance with Section 12(2) of Act 51, as amended.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

Motion by Commissioner Dykstra seconded by Commissioner Pashby to authorize Amendment #3 to the current labor contract be signed by the Board.

ROLL CALL: Yeas, Dykstra and Pashby

Nays, Willcutt

Motion Carried

Amendment #3

Agreement between

Board of County Road Commissioners of Barry County

and

The Barry County Road Commission Employees’ Association

January 1, 2003 to December 31, 2006

The “Association” and the “Board” hereby amend the above named contract to allow for the working of four (4), ten (10) hour days at the regular rate of pay (i.e. straight time). The change will be as follows:

“Four tens” shall begin on Thursday, July 17^th, 2003 and end on Wednesday, November 26^th, 2003. After which time the existing normal work week shall be defined in the Contract named above.

While on “four tens”, work days shall begin at 6:00 a.m. and end at 4:30 p.m., unless management decides that due to daylight it would be in the best interest of the Road Commission to adjust the times.

Compensation for Holidays shall be 10 hours per Holiday if the Holiday falls anytime within a “four ten” week.

The “Association” or the “Board” shall have the right to terminate this amendment and revert to the existing Contract named above on any Thursday (beginning of pay period). The Association shall give a minimum one week notice if they choose to terminate this amendment early. Except for unforeseen conditions, the “Board” shall also give a minimum one week notice.

All other work rules and the original contract still apply in situations not amended by this amendment.

Employees shall be required to use 10 hours of sick or vacation hours when off work on a “four ten” day.

Amendment #3 Cont.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

BOARD OF BARRY COUNTY ROAD

COMMISSIONERS OF BARRY BARRY COUNTY ROAD COMMISSION

COUNTY, MICHIGAN EMPLOYEES’ ASSOCIATION

Donald F. Willcutt, Chairman Scott Bond, President

Roger L. Pashby, Vice-Chairman Dan Burghdoff, Vice-President

D. David Dykstra, Member Robert Garrett, Secretary/Treasurer

Bill Johnston, Member

Mike Lucks, Member

The following preamble and resolution were offered by Member Dykstra and supported by Member Pashby.

Whereas, the Board of County Road Commissioners of the County of Barry (the “Board”) issued its 950,000 Michigan Transportation Fund Notes, Series 2000 (the “Series 2000 Notes”); and

Whereas, the principal amount of the Series 2000 Notes currently outstanding is $570,000 and said outstanding Notes bear interest at the rate of 5.35% per annum; and

Whereas, pursuant to the terms of the Note Authorizing Resolution adopted March 28, 2000 (the “Series 2000 Note Resolution”), the Series 2000 Notes which mature on or after August 1, 2004 may be redeemed, in whole or in part in increments of $5,000 in such order of maturity as the Board may determine, prior to maturity at par plus accrued interest to the date fixed for redemption without premium on any interest payment on or after August 1, 2003; and

Whereas, it is in the best interest of the Board to optionally redeem in full the outstanding Series 2000 Notes which come due on August 1, 2004 in the amount of $190,000 and on August 1, 2005 in the amount of $190,000 from available Board funds on hand.

Now, Therefore, Be It Hereby Resolved As Follows:

1. The Board shall redeem the Series 2000 Notes in full on August 1, 2003 (the “Date of Redemption”) in the amount of $380,000.

2. The cost of the redemption shall be funded in order of priority from the following funds:

First, funds on hand in the County Road Debt Service Fund established pursuant to Paragraph 9 of the Series 2000 Note Resolution; second, to the extent necessary, the balance from the Board’s Fifth Third Money Market Fund.

3. The Barry County Treasurer and Hastings City Bank, as Registrar, are each hereby authorized and directed to undertake all steps necessary to redeem the Series 2000 Notes on the Date of Redemption, including the provision by the Registrar of notice by mail to registered holders, in accordance with the Series 2000 Note Resolution.

4. The Secretary is hereby authorized and directed to deliver certified copies of this Resolution to the Barry County Treasurer, Hastings City Bank, as the Registrar for the Series 2000 Notes and to the Municipal Finance Division, Michigan Department of Treasury.

5. All resolutions and parts of resolutions in conflict herewith shall be and the same are hereby rescinded.

ROLL CALL: Yeas, Willcutt, Dykstra, and Pashby

Nays, None

Motion Carried

Meeting adjourned at 11:30 A.M.

_________________________________ __________________________________

Chairman Secretary