May 12, 2009 | Barry County Road Commission

The regular meeting of the Barry County Road Commission was called to order at 3:00 P.M. by Chairman Fiala.

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

The agenda for May 12, 2009 was approved.

The minutes of April 28, 2009 were approved as printed.

______________________________________________________________________________

Motion was made and seconded to approve payroll for payment.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

CHECK NAME AMOUNT

Barry County Road Commission $74,563.19

______________________________________________________________________________

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

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

Check Name Amount

24791	BARRY COUNTY TREASURER	10,088.00
24792	CARDMEMBER SERVICE	22.68
24793	CARDMEMBER SERVICE	239.65
24794	LAWSON PRODUCTS, INC	211.73
24795	NAPA AUTO PARTS	182.44
24796	ADVANTAGE DRAIN CLEANING LLC	235.00
24797	ALEXANDER HAMILTON INSTITUTE INC	38.70
24798	ALEXANDER WALDEN	552.54
24799	ALRO STEEL CORPORATION	415.49
24800	AMERICAN EXPRESS	936.46
24801	ARISTOCHEM, INC	722.95
24802	ARROW UNIFORM	56.18
24803	BARRY COUNTY LUMBER	44.98
24804	BERT KEELER	380.00
24805	BRAD LAMBERG	131.63
24806	BRIAN HEATH	30.00
24807	CHARLES BENEDICT	552.54
24808	CITY OF HASTINGS	425.10
24809	CLEAN EARTH ENVIRONMENTAL SERVICES	829.50
24810	CONSUMERS ENERGY	12.61
24811	D & B RADIATOR SALES & SERVICE INC	908.50
24812	DIC CRAVEN	250.54
24813	DIGITAL HIGHWAY	38.37
24814	EGLTECH	570.00
24815	EYE & ENT SPECIALISTS	96.35
24816	FASTENAL COMPANY	272.42
24817	FIDELITY INVESTMENTS	5,988.86
24818	FITZPATRICK’S	950.00
24819	GERALD CISLER	552.54
24820	GUARDIAN ALARM COMPANY	539.64
24821	HASTINGS ACE HARDWARE	300.00
24822	HASLER INC	61.00
24823	HEATHER SMITH	30.00
24824	HOWARD HOSTETLER	552.54
24825	HUGH MCPHERSON	125.28
24826	JACK KINEMAN	552.54
24827	JAS NETWORKS INC	126.30
24828	JDE EQUIPMENT COMPANY	534.49
24829	JENNIFER MILLER	195.80
Check	Name	Amount
24830	JERRY HALL SEPTIC SERVICE LLC	320.00
24831	KENNETH HURLESS	552.54
24832	KENNETH PRANSHKA	552.54
24833	KENT OIL COMPANY, INC.	796.83
24834	KENDALL PRANSHKA	125.28
24835	KETCHUM MACHINE CO	316.00
24836	K-LOG INC	1,252.00
24837	LAWRENCE BARRY	270.00
24838	M&K QUALITY TRUCK CENTER	207.49
24839	MANPOWER OF HASTINGS	881.60
24840	MARK WEEKS	41.76
24841	MEEKHOF TIRE & SERVICE INC	906.00
24842	METROPOLITAN TITLE COMPANY	308,194.01
24843	MICHIGAN KENWORTH	1,399.47
24844	MIKE BATESON	100.00
24845	NAPA AUTO PARTS	70.93
24846	NEOPOST	181.00
24847	NORTHERN SAFETY CO. INC	509.19
24848	PATRICIA WOLF	276.28
24849	PAUL PRANSHKA	552.54
24850	PROFESSIONAL BENEFITS SERVICES	1,208.00
24851	PURITY CYLINDER GASES INC	317.72
24852	QUILL CORPORATION	224.96
24853	RADIO COMMUNICATIONS INC.	585.00
24854	RICHARD RAYMOND	552.54
24855	ROAD EQUIPMENT PARTS	1,096.76
24856	ROBERT BAINES	250.54
24857	ROBERT NAGEL	552.54
24858	ROBERT RICHARDSON	142.74
24859	ROBERT SLOCUM	604.71
24860	SCOTT CIVIL ENGINEERING COMPANY	1,129.00
24861	STATE OF MICHIGAN	275.53
24862	STATE SPRING ALIGNMENT & BRAKE	7,251.81
24863	STATE WIRE & TERMINAL	242.17
24864	STEVE LEARY	105.99
24865	ST. REGIS CULVERT INC	670.20
24866	TRACTOR SUPPLY COMPANY	5.72
24867	VALLEY TRUCK PARTS, INC	820.05
24868	VERNS REPAIR & SPORT	710.82
24869	WASTE MANAGEMENT OF MI	142.39
24870	WAYNE ROUSH	552.54
24871	WILCOX PROFESSIONAL SERVICES LLC	54,733.20
24872	WONCH BATTERY COMPANY	719.15
24873	WYOMING ASPHALT PAVING CO	8,687.39
	Checks Listed	427,840.28

______________________________________________________________________________

Motion was made and seconded to purchase a used motor grader of approximately 200 horsepower, 36,000 pounds, 3,000 hours or less engine time and 2003 or newer model year for a price no greater than $125,000 and to authorize Shop Superintendent, Rob Richardson, and/or Superintendent, Scott Bond, to purchase on behalf of the Road Commission.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

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Motion was made and seconded to purchase a used loader of approximately 200 horsepower, 5 yard bucket, 3,000 hours or less engine time and 2003 or newer model year for a price no greater than $125,000 and to authorize Shop Superintendent, Rob Richardson, and/or Superintendent, Scott Bond, to purchase on behalf of the Road Commission.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

Motion was made and seconded to accept the Resolution from Castleton Township.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

This letter contains the following road work that Castleton Township has approved for 2009 with the understanding that the paving will not be done until 2010 and then will be billed at that time:

1. Chloride $11,000.00

2. State Road Payment $30,400.00

3. Gravel $ 6,000.00

4. Line Painting $ 1,365.00

5. Seal $17,000.00

The paving is from Superior Drive west to the township line on Thornapple Lake Road.

______________________________________________________________________________

Motion was made and seconded to accept the Resolution from Carlton Township.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

At our regular board meeting April 13, 2009 the board voted to do the following repairs to roads during 2009. Please place us on the schedule for two applications for dust control as soon as possible. Please do not spray Barber Road this year. We are going a different route with this road. The amount due for 2009 does not include gravel work. We will discuss amounts for gravel at our next board meeting.

North Broadway Road Crack Seal $16,750.00

Dust Control 2 Applications Less Barber Road $25,061.00

Total due 2009 Road Work $41,811.00

2^nd installment for Usborne Road Work 2008 $22,240.00

Total Due for 2009 $64,051.00

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Motion was made and seconded to accept the Resolution from Barry Township.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

At the regular meeting of Barry Township Board, held April 14, 2009, the following Resolution was adopted. (Revised per phone call with D. Peck on 5-4-09). There came before the board the following matter:

Now THEREFORE BE IT RESOLVED that the Township of Barry hereby agrees to the following road work to be done in the 2009/2010 fiscal year.

Gravel at Large $ 12,000.00

Balance on Hickory Road $111,625.00

Crack Seal – Pifer Road $ 14,950.00

(2) applications @ 26% as listed $ 17,772.00

The following intersections need Red reflective strips on the STOP signs. Osborne & Gilkey Lake (paved portion), Cedar Creek & Pifer, Floria & Pleasant Lake, Orchard & Pleasant Lake, Gilkey Lake & S. Kellogg School Roads.

Total 2009/2010 $156,347.00

Motion was made and seconded to accept the Resolution from Hope Township.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

At the February 26, 2009 special meeting and May 11, 2009 regular meeting of the Hope Township Board of Trustees we made the following decisions concerning 2009/2010 Hope Township Road concerns.

1. Line Painting $ 1,333.00

2. Gravel $ 10,000.00

3. Chloride – 26% back to back application (2 applications) $ 15,610.00

4. Head Road (Cut hill, lay banks back, fill and gravel 1,100 ft) $ 28,000.00

5. Harrington & Dowling Roads (2.41 mile Blade Patch & Full Seal) $ 67,650.00

6. Wall Lake Drive (1.5 mile Mill & Fill & Seal . . . Drainage work) $ 55,355.00

7. Beechwood Drive (.37 mile Crack Seal) $ 1,850.00

8. Cordes, Reynolds & Margery (1.16 mile 31A Natural Agg. Seal) $ 16,820.00

9. Stevens Road (Full Seal) $ 21,025.00

10. Moor Road (Full Seal) $ 10,150.00

Total $227,793.00

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Motion was made and seconded to close a Right of Way transaction at Metropolitan Title Company with Chad and Angela Ruger for the Finkbeiner/Crane Road and Bridge project for $308,194.01 and to authorize Brad Lamberg or Heather Smith to sign documents on behalf of the Road Commission.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

______________________________________________________________________________

Commissioner Fiala offered the following resolution in reference to the condemnation of property at and near 9050 Crane Road, Thornapple Township, Barry County, Michigan for the Finkbeiner Road Project.

Declaration of Necessity and Taking

In Re: Finkbeiner Road Project

WHEREAS, the Board of County Road Commissioners of the County of Barry (the “Road Commission”) has authority under Act 283 of the Public Acts of 1909 to lay out, widen, change, improve, or straighten public highways, and

WHEREAS, the Road Commission has determined that the health, safety, and welfare of the citizens of Barry County will be best protected by the extension and reconstruction of Finkbeiner and Crane Roads in Thornapple Township, Barry County, Michigan, and

WHEREAS, it is necessary to acquire a permanent easement interest and a temporary grading easement in a portion of the parcel owned by John L. Herweyer, Trustee of the John L. Herweyer Trust Dated May 13, 1976 and Cynthia A. Herweyer, Trustee of the Cynthia A. Herweyer Trust dated May 13, 1976 (the “Defendants”), in order to extend and reconstruct said roadway, and

WHEREAS, the Road Commission has appropriately determined the estimated just compensation for the property rights which must be acquired in connection with this project, and

WHEREAS, a good faith offer to purchase these property rights for the estimated amount of just compensation has been made to the Defendants, the only owners of the property known to the Road Commission, and

WHEREAS, the Road Commission is unable to agree with the owner for the purchase of these property rights, and

WHEREAS, the Road Commission has authority under Act 283 of the Public Acts of 1909 and Act 295 of the Public Acts of 1966 to take private property necessary for a public purpose within the scope of its powers and to institute and prosecute proceedings for that purpose.

NOW, THEREFORE, BE IT RESOLVED, that by virtue of the authority vested in the Road Commission, a statutory body corporate, it is hereby declared and determined that it is necessary for the health, safety, and welfare of the citizens of Barry County to extend and reconstruct Finkbeiner and Crane Roads in Thornapple Township, and that said improvements are for purposes necessary for the benefit of the public, and

IT IS FURTHER RESOLVED, DECLARED, AND DETERMINED, that it is necessary for the health, safety, and welfare of the public for the Road Commission to acquire the property rights described on Exhibit 1A, without consent of the owners, for the purpose of extending and reconstructing said roadway.

BE IT FURTHER RESOLVED, by virtue of the authority vested in the Road Commission, through and by reason of Public Act No. 283 of the Public Acts of 1909, as amended, being MCL 224.1 et seq., and Act 87 of the Public Acts of 1980, as amended, being MCL 213.15 et seq., that it is hereby declared and determined that the property rights described in Exhibits 1A and 1B, are herby taken for public purposes.

BE IT FURTHER RESOLVED, that the Road Commission authorizes and directs its counsel to institute appropriate condemnation proceedings in accordance with the provisions of Act 87 of the Public Acts of 1980, as amended, being MCL 213.51 et seq., and to take all necessary steps to acquire the property rights described on Exhibit 1A.

BE IT FURTHER RESOLVED, that the Road Commission authorizes and directs that the amount estimated to be just compensation for the property rights taken for public purposes by this Declaration of Necessity and Taking ($124,900) be deposited by the Road Commission with the County Treasurer for the County of Barry.

BE IT FURTHER RESOLVED, that the Road Commission directs the County Treasurer to set apart and securely hold the amounts deposited for the benefits of the owners of the properties until further order of the Barry County Circuit Court.

BE IT FURTHER RESOLVED, that the Road Commission waives its rights to require the Court to allow any portion of the estimated just compensation to remain in escrow as security for remediation of environmental contamination of the property pursuant to MCL 213.58, and the Road Commission reserves its rights, pursuant to MCL 213.55, to bring a federal or state cost recovery action against the Defendants arising out of any releases of hazardous substances at the property.

It was moved by Commissioner Solmes and seconded by Commissioner Dykstra that this Declaration of Necessity and Taking for the Finkbeiner Road Project be adopted by the Board.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

Exhibits 1A and 1B are in the Board Minutes Letters & Petitions file.

Meeting recessed at 4:00 P.M.

Meeting reconvened at 4:07 P.M.

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Heather Smith, Geoff Moffat, Lon Myers, George Strand, and Don Boysen came into the Board Meeting to discuss the Finkbeiner/Crane Road and Bridge Project.

Motion was made and seconded to split the Finkbeiner/Crane Road & Bridge project in three parts as follows: Part 1 – Patterson Road to 1,000 feet East of Cherry Valley Road, Part 2 – 1,000 feet East of Cherry Valley road to approximately M-37, Part 3 – Approximately M-37 to Whitneyville/Grand Rapids Street.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

______________________________________________________________________________

Motion was made and seconded to approve the Chairman, Frank Fiala, to sign the 2008 Act 51 report.

ROLL CALL: Yeas, Fiala, Dykstra, & Solmes

Nays, None

Motion Carried

______________________________________________________________________________

Meeting adjourned at 5:30 P.M.

_________________________________ __________________________________

Chairman Secretary