MONROE COUNTY ROAD COMMISSION2019/10/28 · At a Regular Meeting of the Board of County Road Commissioners at their offices located at 840 S. Telegraph Road, Monroe, Michigan on Monday,

MONROE COUNTY ROAD COMMISSION

REGULAR MEETING AGENDA

October 28, 2019 - 5:30 p.m.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. OPENING PRAYER

5. APPROVAL OF REGULAR MEETING AGENDA

6. PUBLIC COMMENT

7. CONSENT AGENDA (with immediate effect)

1) Approval of Minutes- October 14, 2019 Regular Meeting Minutes

2) Approval of Journal Entry

No. 798 Payroll Checks #64755 & Advice 27280-27372 $ 304,459.45

Bank Service Charge – September 2019 $ 94.35

No. 799 Vendor Checks #74969-75021 $ 610,526.76

3) Township Contracts – N/A

4) Award bid for 2020 Spray Patcher Model T-7500 to Equipment Marketing Co., in the amount of

$58,393.00.

5) Approve the one-year extension of the mineral well brine bid with Michigan Chloride Sales, LLC

for the 2020 season.

6) Approve the one-year extension of Supplemental Heavy Equipment Services with Stoneco, Inc.,

and C.B. Asphalt maintenance for the 2020 season.

7) Approve the one-year extension of the HMA Paving contract with Cadillac Asphalt, LLC for the

2020 season.

8) Approve the one-year extension of Aggregate Materials with Stoneco and Michigan Recycles for

the 2020 season.

9) Approve the one-year extension of Asphalt Emulsions with Asphalt Materials and Michigan

Paving & Materials for the 2020 season.

8. UNFINISHED BUSINESS

9. NEW BUSINESS

1. AFSCME letter dated 10/21/2019

10. REPORT OF OFFICERS

11. PUBLIC COMMENT

12. COMMISSIONER’S COMMENT

13. ADJOURNMENT

MINUTES OF THE BOARD OF COUNTY ROAD COMMISSIONERS

MONROE, MICHIGAN

October 14, 2019

1. At a Regular Meeting of the Board of County Road Commissioners at their offices located at

840 S. Telegraph Road, Monroe, Michigan on Monday, October 14, 2019 the meeting was

called to order by Chairman Iacoangeli at 5:31 p.m.

2. Roll Call by Deputy Clerk as follows:

PRESENT EXCUSED

Jack Thayer

Greg W. Stewart

Dan Minton

Charles A. Londo

Paul Iacoangeli

A quorum being present, the Board proceeded to transact business.

3. Commissioner Iacoangeli led the Pledge of Allegiance.

4. Commissioner Iacoangeli led the Opening Prayer.

5. Commissioner Stewart moved, seconded by Commissioner Minton to approve the October

14, 2019 regular meeting agenda as amended. Vote: Ayes: 5 Nays: 0 Motion carried.

6. Public Comment –

Ron Merritt, 6494 Valley Brook, Lambertville, Michigan indicated they have trouble with

standing water on their road. He contacted the Drain Commission and the Road Commission

and was told that the yards are too nice to grade them so water runs to the nearest catch

basin. He stated there are catch basins in every yard except his and his neighbors, and he

wondered how that happened. The grass is higher than the roads so the water comes off

Jackman Road and drains into the yards and stays on the roads. He suggested using a side

cutter to drain the water, but neither agency has a side cutter.

Commissioner Iacoangeli invited him to stay after the meeting to talk with the staff about his

concerns.

7. The following items were listed on the Consent Agenda: (with immediate effect)

1) Approval of Minutes- September 23, 2019 Regular Meeting Minutes

2) Approval of Journal Entry

No. 756 Payroll Checks #64705-64722 & Advice #27087-27183 $ 304,549.45

Void CK#64684 (destroyed check) $ 2,224.00

Reissue CK #64738 Local #543 $ 2,224.00

No. 757 Vendor Checks #74910-74968 $1,465,684.82

3) Township Contracts

Whiteford Township

Samaria Road Stone Quarry to Tabbert Replace cross tile

4) Approve the Resolution to open the Sweitzer Road bridge at Little Swan Creek to all legal

loads, Ash Township, Monroe County, Michigan.

5) Approve the Resolution to open the Exeter Road culvert at Little Swan Creek to all legal

loads, between Ash and Exeter Townships, Monroe County, Michigan.

6) Approve the purchase of two (2) tandem axle trucks from Great Lakes Western Star in

the amount of $210,435.00; and equipment to outfit trucks from Truck & Trailer

Specialties, Inc. in the amount of $185,187.00 for a total of $396,311.00 as accounted

for in the MCRC 2020 budget.

Monroe County Road Commission

Regular Meeting Minutes

October 14, 2019 – Page 2

7) Approve and sign the Resolution to Amend the MDOT Contract #19-5257 for the Lewis

Avenue Bicycle Lanes (Howard Street to Ivor Lindsey Drive TAP Grant), Bedford Township

and authorize the Chairman and Vice Chairman to sign contract amendment on behalf of

the Board.

8) Approve and sign the Resolution for the Dixie Highway resurfacing project (Pointe Aux

Peaux Road to Enrico Fermi Drive), Frenchtown Charter Township, Monroe County,

Michigan; and authorize the Chairman and Vice Chairman to sign the contract on behalf

of the Board.

9) Authorize the purchase of two (2) 4-ton Falcon Asphalt Recyclers and Hot Box Trailers

from FALCON Asphalt Repair Equipment in the amount of $29,729.48 (as accounted for

in the MCRC 2020 budget).

10) Authorize the purchase of one (1) GMC Sierra 1500 Double Cab 4x2 pick-up truck from

Todd Wenzel Buick GMC of Westland in the amount of $27,142.75 (as accounted for in

the MCRC 2020 budget).

11) Approve the one-year extension of Oil and Lubricants with Lyden Oil for 2020.

12) Approve the Waterford Plat Three, Bedford Township, Monroe County, Michigan; and

authorize the Chairman to sign on behalf of the Board.

Commissioner Minton moved, seconded by Commissioner Thayer to approve the October 14,

2019 Consent Agenda as amended. Vote: Ayes: 5 Nays: 0 Motion carried.

8. Unfinished Business – None.

9. New Business – None.

10. Report of Officers –

Randy Pierce (Managing Director) – Mr. Pierce updated the Board on the potential

changes to the purchase of the West District property. The Road Commission has

looked at different options and has been offered a lease to purchase agreement,

instead of an outright purchase. The lease would have a balloon payment due have

the ability to stay in this area as their license will need to be renewed annually.

Commissioner Thayer stated it sounded like a good deal and asked what legal

counsel and finance thought of the new proposal. Mr. Costello indicated the

agreement will need to state should they decide not to remain on the property the

company would restore the building to the way it was. Ms. Dori Hawkins-Freelain

stated it would require an amendment to the approved 2020 budget due to the

change in some of the line items because of the change in revenue.

Commissioner Stewart stated it looked good on paper, but asked if we did our due

diligence to research the company’s credit rating because of the balloon payment at

the end of the lease/purchase. Mr. Pierce didn’t know the name of the company so

he wasn’t able to check on their credit rating. He added this first year would be a

good indicator for the company on their long term commitment in the area.

Mr. Costello explained that the City of Petersburg controls the property and has

issued the preliminary license, however the State hasn’t issued any recreational

licenses until November 1st

.

Mr. Costello explained that there may be another group interested. He was made

aware that Attorney Tim Churchill may have a different potential buyer should this

sale/lease fall through.




Commissioner Londo asked if the Board needed to give any direction to the Managing

Director on the West District property. Commissioner Iacoangeli stated since the

Board didn’t voice any opposition, the Managing Director, in conjunction with the

Road Commission’s legal counsel, has the ability to continue to negotiate for the

lease to purchase agreement.

Commissioner Minton asked if the Road Commission has been receiving any calls for

MDOT roads. Mr. Pierce explained that there was a service call for a pothole patch on

I-75, but calls were redirected to MDOT. The contact number for Doug Lynch has

been provided to all first responders, has been placed on the Road Commission

website and Facebook page. Mr. Pierce added that he and Matt Purcell met with

Ferrovial’s equipment manager this past week and they will be using International

trucks for their snow removal. The manager indicated they hired twelve people. The

manager also wasn’t aware that they were responsible for guardrail repair. It would

appear that MDOT hasn’t completely made Ferrovial aware of their responsibilities.

Commissioner Londo stated it is perplexing that MDOT refused to pay the Road

Commission an additional $2.0 million annually to maintain the roads we already

know, but are paying $3.0 million to Ferrovial for their services in addition to

spending extra money to purchase buildings for MDOT and purchase salt for

Ferrovial.

Mr. Pierce also indicated the management personnel would be meeting with CRA of

Michigan this week to discuss the benefits associated with the annual dues.

David M. Leach (Superintendent of Maintenance) – Mr. Leach further explained the he

heard a radio call for service on I-75 near I-275 for a pothole needing to be patched.

Central Dispatch made several calls to MDOT as directed in the letter, and the

Michigan State Police blocked traffic until Ferrovial was able to get to the site.

Ferrovial didn’t have any cold patch so they had to purchase bags of cold patch from

Lowe’s to fill that pothole. Mr. Leach offered to provide the vendor information for

Ferrovial to make their own cold patch if needed. It appears that MDOT hasn’t been

very helpful to the contractor. The MCRC has offered assistance and has been

answering questions as they come in from Ferrovial. We want the contractor to

succeed as it benefits all of the motoring public in Monroe County.

Mr. Leach added he attended a meet and greet at the weigh station for first

responders, MDOT, MCSD, MSP and the Petersburg Fire Chief to introduce Ferrovial to

everyone on I-75 last week. The MCRC will continue to assist Ferrovial to help

identify some key problem areas on the state highways, such as the need for quicker

response time on US-23 as it freezes quickly. He learned that Ferrovial has

purchased new vehicles, has one mechanic but no garage to do work out of and they

anticipate being able to change blades on the highway or rest area. His

understanding is Ferrovial will be using regular blades and not the “state” blade,

which is thicker. Mr. Leach stated he explained to Ferrovial that the regular blades

probably won’t last more than one 12-hour shift. Ferrovial has a lot to learn about

the weather in Michigan.

The Petersburg Fire Chief talked with Mr. Leach about comments being made to him

by Road Commission employees. With the potential sale of the West District

property, rumors and comments are being shared that the west side of the county

will be ignored and not receive proper service. Mr. Leach explained the MCRC will

not ignore the west side of the county and service will not suffer. He provided a

more accurate scenario of how service will be better overall.




Mr. Leach indicated the Road Commission was finally able to get a signed waiver

from Ferrovial releasing the MCRC of any liability since their drivers/employees will

be on our property to load salt.

Commissioner Minton asked about Ferrovial’s plan for hiring employees. Mr. Leach

explained he wasn’t sure of Ferrovial’s plan, but they will have three (3) tow plows

which is like having two trucks because it plows two lanes at one time. It takes a

skilled person to drive and pull a tow plow. He also didn’t believe Ferrovial was

prepared for any type of truck breakdown. When trucks run for hours and days

during a snow event you will eventually lose a truck and they have no back up plan.

Mr. Leach stated Ferrovial was conducting training in Newport and he was invited, but

wasn’t able to attend due to other commitments.

Mr. Leach explained both dividing walls in the salt barns are complete, and the MCRC

barns are filled to capacity. Ferrovial started putting salt in the West barn and will be

putting 4,000 tons in the Monroe barn soon. The remaining road projects are

moving ahead and should be completed this year.

Commissioner Stewart commented that he has empathy for motorists that will be

traveling US-23 and I-75 this winter. Motorists deserve good, clean roads. When

dealing with the public, it is important for the citizens to know that the MCRC is

wanting the contractor to succeed. The Road Commission has offered to work with

MDOT and Ferrovial because we want the motoring public to have safe roads to drive

on. MDOT should be more responsible for making sure their contractor is prepared.

Mr. Leach agreed and again stated it is the Road Commission’s desire to see Ferrovial

succeed because all the citizens will benefit. The MCRC has extended an invitation to

Ferrovial to call with questions to identify problem areas and make the transition

seamless.

Commissioner Londo asked if the County Board had been briefed. Mr. Pierce stated

he attended a meeting in August to provide the updated information to the County

Commissioners.

Commissioner Londo felt the roads would somehow get cleared, but if the contractor

isn’t responsive and able to clear the roads during a bad winter storm, cars will be

stranded and traffic impacted. Only the County Chairman can declare an emergency

and it is critical that County Chairman Lievens have all the contact information,

including State contacts, available should the need arise to declare an emergency.

Mr. Pierce stated that should the County Chairman declare an emergency and they

called the Road Commission in for assistance, the County would end up paying the

Road Commission and the County would seek reimbursement from the State. Since

the state trunkline has been terminated, and MDOT voided all secondary contracts

(i.e. the 426 agreements, EMD route, etc.) there is now no contract in place for MDOT

to reimburse the Road Commission.

Commissioner Iacoangeli stated the sad part is MDOT still doesn’t seem to be

cooperating with their own contractor and the Road Commission will somehow get

blamed. Since this is a performance based contract with penalties in place, it appears

that MDOT isn’t being much help to walk them through their obligations. Yet MDOT

will say they have no responsibility when something goes wrong, and point the finger

of blame at the contractor and the MCRC.




Commissioner Minton agreed citing the blame will fall back on the MCRC somehow.

This puts the Road Commission in a hard spot because we made this change so we

can focus on making our county roads better for our county citizens and the

motoring public. But no matter how much education we put out to the public

showing that the responsibility has always belonged to MDOT, they will still blame us

when something goes wrong. We all agree that we are Ferrovial’s biggest advocate

because if they succeed it is better for all county citizens.

Matthew Snell (County Highway Engineer) – Mr. Snell updated the Board on the

progress of the Petersburg Road bridges. The first round of 2020 Federal Aid

projects have been submitted, and the staff should be ready to present the updated

5-Year Road Plan to the Board at the next regular meeting.

Commissioner Thayer thanked Mr. Snell for following up on Whiteford Center Road.

Dori Hawkins-Freelain (Director of Finance) – Ms. Hawkins-Freelain indicated she is

working to process the last final transaction on the salt barn renovations as soon as

the fencing work is complete. A 426 agreement was signed between the MCRC and

MDOT for 50% of the costs of the renovations to both salt facilities.

Ms. Dori Hawkins-Freelain added that the audit process has begun and the physical

inventory conducted last week. Auditor Scot Hoskins was on site and noticed several

areas showed improvement.

Philip Costello (General Counsel) – Mr. Costello indicated at the last meeting a Board

member inquired about the relationship with MDOT and the 90-day for reasonable

transition. Once again there is a difference in interpretation where MDOT sees that

90-day as requiring the Road Commission to provide road assistance (such as snow

plowing), but they are adamant there is no contract for reimbursement. The MCRC

sees the 90-day transition period as time to finalize paperwork and assist with

direction when needed.

Commissioner Londo asked what basis does MDOT feel they can require the Road

Commission to perform snow plowing when they continue to remind us that all

contracts have been terminated and there is no reimbursement process in place. Mr.

Costello explained the original MDOT contract was approved through 9/30/2021 so

MDOT feels the 90-day transition through 12/31/2019 means “all reasonable services

as requested by MDOT.”

Commissioner Iacoangeli asked if Ferrovial has difficulties on the interstates, how

much support is the MCRC required to provide in order to fulfill our obligation under

that 90-day provision. Is the Road Commission covered should an accident occur

during that 90-day transition? Will MDOT pay time and material under the previous

contract? Mr. Costello indicated MDOT feels the MCRC should be on-call if needed

during the 90-day transition period.

Commissioner Thayer felt the MCRC should get a better clarification on what

“reasonable” means. He stated the Road Commission has been helpful and

supportive during the transition period. Mr. Costello stated Mark Sweeney share his

thoughts and opinion with Mr. Pierce on the 90-day transition expectations.




Commissioner Minton stated with all due respect we hold a differing opinion than

MDOT on what the 90-day transition entails. We have cooperated and been more

than reasonable but performing contract work is what he would consider beyond the

“transition” period. Mr. Costello indicated it would be good to get clarification on

this issue. This may be an issue where we agree to disagree on the interpretation.

Commissioner Iacoangeli stated the Road Commission has been cooperative, but

from the beginning MDOT has been resistant and uncooperative. Just because MDOT

calls doesn’t mean the Road Commission has to go. Commissioner Thayer agreed

that we should notify MDOT of the way the MCRC interprets the 90-day language and

let MDOT push back.

Mr. Pierce stated during a conversation with Mark Sweeney from the Brighton TSC it

was made clear that MDOT had no way pay the MCRC for any work because the

contract is null and void as of 10/1/2019. MDOT has absolutely no mechanism for

work to be performed by the MCRC and reimbursed. Mr. Pierce also contacted

MCRCSIP and we cancelled our insurance coverage for working on state roads

effective 10/1/2019.

Commissioner Stewart felt it was unreasonable that MDOT believed there was no

contract to pay the MCRC, but then MDOT believes the contract is in effect to help

them when needed. It is unreasonable that during the transition, MDOT has not

made is a priority to make their people are properly trained to use the right

equipment and even have the correct number of people to perform the work on their

state roads.

Commissioner Iacoangeli urged the staff to make sure everything is documented, and

then document more. He asked if all these conversations are verbal or is anything in

writing. The MCRC needs to make sure all communication is in written form to

document what has been said and done during this transition. When things hit the

fan, there is documentation to support the Road Commission position and assistance

to Ferrovial, and MDOT.

Commissioner Londo agreed make sure everything from here on is in writing. He

added that even after verbal communication, you follow up with a written email to

confirm what was discussed. Commissioner Thayer agreed.

Mr. Leach indicated most of the communication is via email between the MCRC and

MDOT/Doug Lynch/Ferrovial.

Mr. Costello indicated he would prepare a letter to be sent to MDOT regarding the

MCRC’s interpretation of the transition language that doesn’t include any type of

manual work. He asked who would be signing the letter. The Board felt either the

Chairman or Managing Director should sign the letter.

11. Public Comment – None.

12. Commissioners' Comments -

Commissioner Thayer had nothing additional to report.

Commissioner Stewart indicated he received an email regarding North Shores. Mr. Costello

indicated he is looking into that email.




Commissioner Londo asked to be excused from the next board meeting.

Commissioner Minton had nothing additional to report.

Commissioner Iacoangeli had nothing additional to report.

13. Adjournment -

Chairman Iacoangeli stated if there are no objections, the meeting is adjourned at 6:42 p.m.

_________________________________

Cheryl A. U’Ran, Deputy Clerk

Documents

MONROE COUNTY ROAD COMMISSION2019/10/28 · At a Regular Meeting of the Board of County Road Commissioners at their offices located at 840 S. Telegraph Road, Monroe, Michigan on Monday,