Board of Road Commissioners Meeting

Board of Road Commissioners Meeting

Board Room

July 24, 2013

The Regular Meeting of the Oceana County Board of Road Commissioners was called to order by Chairman Eilers in the Board Room at 10:00 AM on Wednesday, July 24, 2013.

The Pledge of Allegiance was recited by all.

Members present: Eilers, Myers, Forbes, Wheeler, and Carr. Absent: None.

Staff present: Griffin & Project Coordinator Lisa Dutcher.

Visitors: Chuck Smith, Pentwater Township Supervisor; Larry Mumper, Colfax Township Supervisor;

John Hendrixon, Shelby Township Supervisor; John Herremans, Leavitt Township Supervisor;

Bill Wagner, Grant Township Clerk; Tim Priese, Oceana County Undersheriff; Jon Bumstead,

100th District State Representative; Bob Meyers, Lake County Deputy; Denny Powers, Oceana

County Commissioner; Mr. & Ms. David Borgeson and Mr. & Ms. Steve DeJong, Whiskey

Creek residents in Claybanks Township; Randy Stovall, Stovall Construction and Richard Hitz,

of Hitz Design, Inc.; Roy Wilson, Little Pt. Sable Association in Benona Township; Dan Krager,

Ferry Township resident; Ray Scheulin, Golden Township resident; and John Cavanagh,

Herald-Journal Reporter. TOTAL: 19 visitors.

CITIZEN’S PARTICIPATION

Dan Krager, Ferry Township resident, commented on the condition of 88th Avenue, between Baseline Road and Fillmore Road, in Hart Township. He was informed that Hart Township had been asked if they would consider having the Road Commission return this mile of road to gravel; to date we have not heard back from them.

John Herremans, Leavitt Township Supervisor, asked for more blading to be done. He maintains that blading does not last in his area and is not being done on a regular basis.

Bill Wagner, Grant Township Clerk, asked for more maintenance work on the Primary Road system in Grant Township, mainly Arthur Road, Winston Road, Wilke Road, and 102nd Avenue.

Motion by Forbes and supported by Myers to approve the following Agenda items for discussion.

1. Claybanks Township – Whiskey Creek right-of-way;

2. Discuss Bids: Ferry Township – 148th Avenue Bridge over the North Branch of the White River;

3. Discuss Bids: Grant Township – Water Road Project;

4. Pavement Marking – Set bid date;

5. Pentwater Township – Pentwater Beach Addition No. 2– Perry Avenue driveway permit request;

6. State Representative Bumstead and Lake County Deputy Bob Meyers – ORV’s.

Roll call vote: Forbes – yes; Myers – yes; Wheeler – yes; Carr – yes; Eilers – yes.

Motion carried.

Motion by Myers and supported by Carr to approve the Minutes of the July 10, 2013 Regular Board Meeting as presented.

Roll call vote: Myers – yes; Carr – yes; Wheeler – yes; Forbes – yes; Eilers – yes.

Motion carried.

The 2013 Revenues & Expenditures Report and Cash Flow Statement were given to the Commissioners to review. There were no questions.

Motion by Forbes and supported by Wheeler to approve the following Vouchers as presented.

Voucher No. 71777 (Accounts Payable)$47,794.59

Voucher No. 71778 (Payroll)$51,464.60

$99,259.19

Roll call vote: Forbes – yes; Wheeler – yes; Carr – yes; Myers – yes; Eilers – yes.

Motion carried.

The Park Road public access to Lake Michigan in Claybanks Township (aka Whiskey Creek) is being discussed again today in an effortto come up with a decision to adequately designate private property from Road Commission right-of-way. In a letter dated June 20, 2013, Road Commission attorney Ed McNeely explained that Michigan law only requires that the Road Commission keep the travelled portion of public highways under its jurisdiction reasonably safe, and that we have no duty to regulate the public with regard to trespass on adjacent properties. Mr. & Ms. David Borgeson and Mr. & Ms. Steve DeJong are present at today’s meeting to ask that the Road Commission propose a plan that defines our right-of-way so local law enforcement officials can actually see where private property begins.

Commissioner Wheeler began by stating “no way are we obligated to protect private property from trespassing and I say we leave it as it is.” Commissioner Carr opined that “we have an obligation to let people know where our right-of-way is.” Commissioner Myers stated that “there are stakes out there that delineate our right-of-way; the landowners can put up posts to distinguish their private property.” Considerable discussion ensued. Tim Priese, Oceana County Undersheriff, was asked what was needed for proper law enforcement at Whiskey Creek; he replied that the public right-of-way needed to be designated in order for any citations to be issued by his deputies.

A Motion was made by Commissioner Forbes to purchase wooden posts and place them on either side of our right-of-way to the high water mark at Whiskey Creek. After discussion, Commissioner Forbes withdrew her Motion. Commissioner Myers suggested this matter be tabled until we find out just where the landowners want the posts placed.

RESOLUTION NO. 1 – CLAYBANKS TOWNSHIP – WHISKEY CREEK RIGHT-OF-WAY

Motion by Myers and supported by Forbes to purchase six (6) wooden posts to be given to the property owners at Whiskey Creek to designate their private property from Road Commission right-of-way to Lake Michigan. A Permit will be issued to thelandowners and their work will be inspected.

Roll call vote: Myers – yes; Forbes – yes; Wheeler – no; Carr – yes; Eilers – yes.

Motion carried.

Bids were received until 12:00 noon on Tuesday, July 23, 2013 and were publicly opened and read aloud for replacement of the culverts on 148th Avenue, over the North Branch of the White River, in Ferry Township. The bids were read as follows.

BIDDERAMOUNT

Ken Adams Excavating$92,849.00

(Pentwater)

Quantum Construction$95,157.00

(Douglas)

McDowell Construction$80,144.00

(Columbiaville)

RESOLUTION NO. 2 – FERRY TOWNSHIP – 148th AVENUE BRIDGE BIDS

Motion by Myers and supported by Forbes to accept all the bids received for replacement of the three (3) culverts on 148th Avenue, over the North Branch of the White River, in Ferry Township.

Roll call vote: Myers – yes; Forbes – yes; Wheeler – yes; Carr – yes; Eilers – yes.

Motion carried.

Lisa Dutcher prepared a bid tabulation and forwarded supporting documentation to Scott Peedle, PE, PS, of the US Forest Service, Huron-Manistee Region. Mr. Peedle has reviewed the documents and recommended that McDowell Construction be awarded the Project.

RESOLUTION NO. 3 – FERRY TOWNSHIP – AWARD 148th AVENUE BRIDGE BID

Motion by Myers and supported by Forbes to award the bid for removal of the three (3) culverts on 148th Avenue over the North Branch of the White River in Ferry Township, to McDowell Construction as recommended by Scott Peedle, PE, PS, of the US Forest Service, Huron-Manistee Region.

Roll call vote: Myers – yes; Forbes – yes; Wheeler – yes; Carr – yes; Eilers – yes.

Motion carried.

Bids were received until 2:00 PM on Tuesday, July 23, 2013 and were publicly opened and read aloud for crushing, shaping, and resurfacing Water Road, from Clay Road to Park Road, in Grant Township. The bids were read as follows.

BIDDERAMOUNT

D.J. McQuestion & Sons$135,629.95

(LeRoy, Michigan)

Rieth-Riley Construction$137,183.65

(Ludington)

Hallack Contracting$139,119.95

(Hart)

Michigan Paving & Materials$150,649.00

(Grand Rapids)

RESOLUTION NO. 4 – GRANT TOWNSHIP – WATER ROAD BIDS

Motion by Myers and supported by Carr to accept all the bids received for crushing, shaping, and resurfacing Water Road, from Clay Road to Park Road, in Grant Township.

Roll call vote: Myers – yes; Carr – yes; Wheeler – yes; Forbes – yes; Eilers – yes.

Motion carried.

This project will be paid for largely by proceeds realized from the annual Electric Forest Festival held at the Double JJ Ranch Resort in Rothbury. The bids will be forwarded to Grant Township and the choice of contractor will be determined at their Board Meeting.

Commissioner Carr invited 100th District State Representative Jon Bumstead to speak to the Board on legislation he has introduced regarding ORV usage in Michigan. Mr. Bumstead spoke briefly on how the ORV law has been implemented in the last few years and he then introduced Bob Meyers, Lake County Deputy, who elaborated on the county-wide ordinance adopted by the Lake County Board of Commissioners in 2009. The Board thanked both men for their informative presentation.

The Board was informed that pavement marking has been planned for the Primary Road System this Fall. A bid package was prepared for Board approval.

RESOLUTION NO. 5 – 2013 PAVEMENT MARKING

Motion by Myers and supported by Forbes to advertise for approximately 200 miles of pavement marking to be done on County Primary Roads this Fall. Bids will be received until 12:00 noon on Tuesday, August 13, 2013 at which time they will be publicly opened and read aloud; award will be made at the next regularly scheduled Board Meeting.

Roll call vote: Myers – yes; Forbes – yes; Wheeler – yes; Carr – yes; Eilers – yes.

Motion carried.

Randy Stovall, owner of Stovall Construction, Inc., and Richard Hitz, of Hitz Design, Inc., were present to request a driveway permit to access property off Perry Road, in Pentwater Beach Addition No. 2. Perry Avenue, as it exists today, is a “paper road” only; the current right-of-way has high hills, steep valleys, and is full of trees and brush. Mr. Stovall is asking to build a private driveway across Perry Avenue to access his client’s lots to build their home. Since this land is within designated “critical dunes,” the DEQ is involved and has specifically said that a road cannot be constructed within this designated area. Before the DEQ will approve the “pedestal” home that Mr. Stovall plans to construct, the driveway access to their land must be obtained.

The Board does not want to prohibit access to the building site, but putting a private driveway through our right-of-way with a 10 foot permanent retaining wall as required by the DEQ, is not something we would normally permit. Further discussion ensued which included abandoning the short section of Perry Avenue that would allow access to the building site.

RESOLUTION NO. 6 – PENTWATER TOWNSHIP – PERRY AVENUE – PENTWATER BEACH

ADDITION NO. 2

Motion by Forbes and supported by Myers to deny the permit requested by Stovall Construction for constructing a permanent steel retaining wall in Road Commission right-of-way on Perry Avenue, in Pentwater Beach Addition No. 2.

Roll call vote: Forbes – yes; Myers – no; Wheeler – no; Carr – no; Eilers – yes.

Motion failed.

Discussion continued on finding a way to appease the DNR, to get the home constructed, and to grant a Permit that would be favorable to all concerned. Mr. Stovall told the Board there was a water well and a structure in our Perry Road right-of-way further North of his building site. Using a private road easement through the Tom Brayford property and crossing Perry Road further North was also discussed.

RESOLUTION NO. 7 – PENTWATER TOWNSHIP – PERRY AVENUE DRIVEWAY PERMIT

Motion by Wheeler and supported by Carr to grant the Clerk-Manager the authority to continue to work on thedriveway permit for Perry Avenue in Pentwater Addition No. 2.

Roll call vote: Wheeler – yes; Carr – yes; Myers – no; Forbes – no; Eilers – no.

Motion failed.

STAFF REPORTS

Lisa Dutcher, Project Coordinator, informed the Board that the 96th Avenue bridge deck (over Cedar Creek in Weare Township) and the McKinley Road bridge deck (over Mud Creek in Grant Township) will arrive yet this week from Wheeler Lumber. The 72nd Avenue iron and wood bridge deck over Dorrance Creek in Shelby Township will be removed by our forces next week so Ken Adams can set the new timber deck. The structure for the 148th Avenue bridge over the North Branch of the White River in Ferry Township will arrive around August 19, 2013; the project will start in early September. Lisa thought the US Forest Service would be removing the bridge on 152nd Avenue over Knutson Creek in Otto Township and making cul-de-sacs on both sides of the stream for traffic to turn around. The Board thought they had decided to have the Forest Service put a foot bridge over the stream to allow fishing and hunting. Lisa will research the Minute Books for clarification.

The Board was informed that the wedging is nearly finished. We still have three (3) men off work with surgeries. The new employees are working out well. The Townships have had their first brining; mowing will be completed by the end of next week.

Denny Powers, Oceana County Commissioner, spoke briefly on the Perry Avenue permit issue. He said he realizes that money is tight all over, but added that we should promote economic development here in our County. The Board assured him they have no intention of denying Mr. Stovall access to his building site. The situation needs to be studied further to come up with a “win-win” situation that everyone can abide by.

Chairman Eilers asked if there was any further business to come before the Board. There being none, the Meeting was adjourned at 11:47AM.

Respectfully submitted,

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SANDRA K. GRIFFINRUSSELL EILERS

Clerk-ManagerChairman

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