MONROE COUNTY ROAD COMMISSION REGULAR MEETING AGENDA November 11, 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 28, 2019 Regular Meeting Minutes 2) Approval of Journal Entry No. 816 Vendor Checks #75022-75074 $ 1,489,487.79 Void Check #74923 $ 110,500.00 Void Check #74912 $ 614,443.89 No. 841 Payroll Checks #64776-64794 & Advice #27373-27462 $ 270,892.09 Payout checks #64795-64796/Maginnis & Benson $ 92.65 3) Township Contracts – Bedford Township Jackman Road @ Smith Road Construction of Roundabout 4) Approve the design contract with The Mannik & Smith Group, Inc., in the amount of $55,000 for design engineering services on the Jackman Road @ Smith Road project, Bedford Township, Monroe County, Michigan; and authorize the Managing Director to sign all documents on behalf of the Board. 5) Approve the purchase of one 2019 CAT Excavator to Michigan CAT in the amount of $72,731.20, and authorize the Managing Director to sign all documents on behalf of the Board. 6) Approve the purchase of one 2020 T14-DT Drop Deck Towmaster Trailer to Michigan CAT in the amount of $11,420, and authorize the Managing Director to sign all documents on behalf of the Board. 7) Approve the Dedicated Highway & Utility Easement with Brad Greeley and Brad Helm of White Diamond Development LLC, Bedford Township, Monroe County, Michigan. 8. UNFINISHED BUSINESS 1) Presentation of updated MCRC 5-Year Plan. 2) Continued discussion on AFSCME letter dated 10/21/2019. 9. NEW BUSINESS 1) Approve the proposed 2020 MCRC Meeting Schedule. 10. REPORT OF OFFICERS 11. PUBLIC COMMENT 12. COMMISSIONER’S COMMENT 13. ADJOURNMENT
Transcript
MONROE COUNTY ROAD COMMISSION
REGULAR MEETING AGENDA
November 11, 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 28, 2019 Regular Meeting Minutes
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.
10) Pulled for further discussion.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 2
Commissioner Minton moved, seconded by Commissioner Thayer to approve the October 28,
2019 Consent Agenda as amended, except for item #10 that Commissioner Minton asked to
be pulled for further discussion. Vote: Ayes: 4 Nays: 0 Excused: 1 Motion carried.
#10) Award the purchase of one (1) used 2017 938M Loader with bucket to Michigan
CAT in the amount of $106,500, and authorize the Managing Director to sign all
documents on behalf of the Board.
Commissioner Minton asked if the staff had looked into the difference between purchasing
equipment and rental costs. Mr. Pierce indicated they had checked into the difference
between renting and buying, and the MCRC had to rent a loader last year for the NE salt
facility at a rate of $5,000/month.
Commissioner Minton moved, seconded by Commissioner Stewart to award the purchase of
one (1) used 2017 938M Loader with bucket to Michigan CAT in the amount of $106,500
and authorize the Managing Director to sign all documents on behalf of the Board. Vote:
Ayes: 4 Nays: 0 Excused: 1 Motion carried.
8. Unfinished Business – None.
9. New Business –
1) AFSCME Letter dated 10/21/2019.
Human Resource Director, Camden Regis, explained earlier in the month a position was
posted for an Engineering Assistant, and current employee Trisha Hoberg applied and was
interviewed. The three-member interview panel, consisting of David Leach, Matthew Snell
and Camden Regis, felt the applicant’s experience, education and training did not align with
what this position required. The applicant’s qualifications, experience and training didn’t fit
the criteria, so a letter was issued indicating she was not selected for the position.
The MCRC did receive another resume for the position submitted by a 2-year returning intern
who had working in the position and had experience. She was interviewed the following day
and the three-member panel felt that her experience and education was more in line with the
position. Her 4-year degree is in IT with an emphasis in project management, and project
management would be an integral part of this job. The interview team felt this applicant’s
qualifications in the area of education, experience and training did align with the vision for
this position.
The AFSCME contract allows an applicant the opportunity to question the Managing Director
on a denial, which Ms. Hoberg did. Since the applicant wasn’t satisfied with the explanation
she received, the union then had five (5) days to notify the Managing Director that the issue
would be brought to the MCRC Board for a final decision.
Commissioner Thayer asked if the applicant was given the opportunity to develop additional
qualification and skills. Ms. Regis indicated that would be up to the department head. She
added it would take this applicant a couple of years to develop the experience and
qualifications needed for this position.
Ed Shinevarre, President of AFSCME Local #839, addressed the Board about how the Road
Commission has provided opportunity for current employees to excel. He cited several
employees that started in lower positions were promoted because they were given the
opportunity to better themselves.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 3
Mr. Shinevarre stated it is hard to gain experience in the field when you set behind a desk.
He stated the Road Commission has excelled over the years by giving current employees
opportunities to learn and gain experience for different jobs. He stated both applicants are
excellent but he would hate to see one current employee not given the opportunity to be
promoted. The union is asking the Board to grant the opportunity to prove herself and show
she can do this job.
Commissioner Stewart indicated management has the right to manage and hire as long as it
is done using the proper procedure within the CBA. After reviewing the list of items in the
letter from AFSCME, Commissioner Stewart had a few questions: #1) did management
violate any of the processes? #2) the conflict of interest statement confused him because
there is usually someone with more experience or qualifications, and interviews make all the
difference and he wondered if the union was making an accusation.
Mr. Shinevarre explained the union’s concern was more about timing. No one was made
aware that a position was available and looking to be filled. It appears odd that the seasonal
employee being considered for this position has run out of hours for this year. He
understands that management has the right to hire and manage. He also stated from his
perspective the positions of Engineering Technician and Engineering Assistant are similar.
He stated he didn’t believe there was any actual conflict between the interviewers and the
applicants.
Commissioner Stewart asked if #5-Void meant that should the current employee be
promoted it would leave a vacancy in the Engineering Technician position. Mr. Shinevarre
indicated that was correct. He also added that everyone is busy, and currently there is no
time to provide cross training to have people learn positions as back-ups.
Commissioner Stewart again for clarification that management didn’t do anything wrong in
the process of posting the position, conducting interviews and making a decision. Mr.
Shinevarre indicated that was correct.
Commissioner Iacoangeli wanted to clarify that the Articles mentioned in the AFSCME letter
have to do with training and not hiring. In the memo, AFSCME references Article 39 which
states that an employee “may be assigned on a volunteer basis” for a period not to exceed
six months, which is not this issue before the Board. The correct reference would be Article
38, Section 9 regarding the ability to allow a probationary period of 60 days for an existing
AFSCME employee to see if they can do the job.
Mr. Shinevarre agreed and stated Article 38 was put in there to show that opportunities to
advance are written in the CBA. He added this would be no different that the situation giving
Joy Bagnall 60 days to see if she could do the job and she is doing well.
Commissioner Iacoangeli wanted to make sure the union was aware that once the Board
makes a decision there would be no mechanism to change the result, no appeal process. Mr.
Shinevarre was fully aware of that, and there is no grievance procedure available.
Commissioner Iacoangeli addressed questions to Human Resource Director, Camden Regis.
He appreciated the interview team and understood this is a management issue, but if it could
have been resolved it wouldn’t have come before the Board. He thanked Ms. Regis for
providing him with the CBA and resumes of both applicants (without the names) as
requested. Having served 22 years in officer position, he has some sympathy for the issue at
hand.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 4
Commissioner Iacoangeli stated he reviewed both resumes, and both applicants fail to meet
the minimal qualifications listed on the job description. Both have Associates Degree in
different areas – one in business and one in information technology. Ms. Regis indicated
that the 2nd
applicant has completed her Bachelor’s Degree in IT with an emphasis in project
management, which is related to the job duties listed in the description. Mr. Snell confirmed
that the 2nd
applicant just completed her 4-year Bachelor’s Degree.
Commissioner Iacoangeli stated the struggle for him is the word “emphasis” in project
management. In researching online, he compared the core curriculum for the associate’s
degrees are almost identical.
Ms. Regis explained that the second applicant has job experience from working at the MCRC
for 2 summers doing this work. Ms. Hoberg’s experience is in the office and is very different
work. The Engineering Tech is office oriented like issuing permits, etc. The Engineering
Assistant is more field work and working with a variety of tools, which Ms. Hoberg doesn’t
have experience in. She added both individuals interviewed well. Ms. Hoberg does well in
his position and has obtained additional certifications to enhance her job as the Engineering
Technician. The 2nd
applicant has been performing field work and is familiar with the survey
tools for two summers so she has the experience.
Commissioner Iacoangeli appreciated the explanation. He stated he sympathizes with the
bargaining unit because how does one gain experience if they aren’t given the opportunity.
He identified a time when he had been trained but had not been given the opportunity
actually drive a specific truck, then someone was off and the truck needed to be used but he
had never been given the opportunity to drive the truck. However, he felt he could drive it
due to the knowledge he had of the vehicle and he was given the opportunity. He
understood why the union was representing one of their members to be given the
opportunity for 60 days of training to see if they would perform the job.
Mr. Regis indicated normally she would agree but this position is very detailed and no one
would qualify within the 60 days, especially having to learn all the tools involved with the
job. The second applicant has worked in this position alongside a supervisor for two
summers and she has obtained a great deal of knowledge and hands-on experience and has
much more to learn.
Commissioner Iacoangeli asked shouldn’t the full-time employee be given the opportunity to
try for the 60 days, even if she fails. The first applicant may not succeed, but she was at
least given the opportunity. Mr. Regis stated she understood, but the lack of experience and
training in the field was major downfall in the applicant’s ability to perform and learn this
position in 60 days. She would hate to see someone put in a position knowing they might
not succeed.
Commissioner Thayer stated in his 40+ years in the engineering field he interviewed a lot of
applicants. Looking at the job description the job requires an Associate’s Degree in civil
engineering plus 2 years of experience. With his background, Commissioner Thayer stated
experience comes from following another engineer. This position appears to need the basic
understanding of the civil engineering curriculum or it would be hard to understand the job.
He felt it was important to focus on the job qualifications. He also voiced a concern not to
put a person in a position knowing they would fail without the proper education, training or
experience needed to succeed. He agreed that providing opportunities for current
employees was important but from an engineering perspective, the applicant needs to have
the basic experience, education and training to succeed.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 5
Commissioner Minton stated he didn’t have an engineering background but comes from the
construction industry and he realizes there is no better way to teach than from field
experience. He felt the individual that has expressed the interested in advancing at the Road
Commission should be encouraged, provided they meet the qualifications.
Commissioner Stewart redirected the conversation to ask if the Board believed in the
management team, and if so why was the Board not trusting the decision made by the
management. He added the Board’s job is to oversee the process and since the process
wasn’t violated, the decision of management should stand. In his opinion, the final decision
belongs to the management team if nothing in the process outlined in the CBA was violated.
The staff has promoted from within in the past, so their decision now must have been based
on their knowledge and experience of what was needed to fill the vacant position. The
management needs to have the ability to make decisions that will benefit the organization as
a whole, and not be second guessed by the Board. The process wasn’t violated or broken,
and he believed management made the best decision for the Road Commission.
Commissioner Iacoangeli stated the staff should know that the Board has a strong supporter
of the management team. If the decision was clear cut, it would not have been brought
before the Board. If both candidates been equal in the qualifications he could have stood
behind the decision of the staff. This appears to be a subjective decision since neither
applicant appears to meet all the qualifications. This provision should be one of the first
things removed from the CBA during negotiations.
Commissioner Stewart felt the Board should not second guess the decision made by
management since the day-to-day operations is to be handled by the staff. The staff is hired
to make the tough decisions and if the Board doesn’t support the management you lose
credibility.
Commissioner Iacoangeli stated the ability for the union to bring the issue before the Board
is part of the CBA. Commissioner Stewart stated the process was followed and done
correctly and he would stress the importance of relying on the authority and decision made
by the management team. The provision in the CBA is to verify the process, not the decision
making. The Board didn’t interview either candidate to know which candidate is best. He
added there is nothing worse than giving someone responsibility but not giving them the
authority.
Commissioner Iacoangeli didn’t disagree with Commissioner Stewart, however, the CBA
allows the opportunity to bring the issue before the Board. To satisfy the CBA, the union and
management, it would not hurt to allow the current employee the 60-day probationary
period to see if she can do the job, and then if she cannot she can return to her previous job
and all the conditions have been met to avoid arbitration.
Commissioner Thayer felt the Board was still overriding the management decision on who
would best fit into the position. The Board hasn’t interviewed these individuals to know
who would best fit the position. He agreed with Commissioner Stewart that the management
decision should stand.
Commissioner Minton indicated he supports Mr. Pierce’s leadership and the management
staff. Just because the Board may not agree with the decision in this situation, it doesn’t
mean the Board doesn’t support or respect the management team. He believes this is the
first time the Board and management hasn’t been on the same page with a recommendation.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 6
Commissioner Minton added that the Chairman suggested and explained the benefit of
allowing the current employee the opportunity to be given the 60-day probationary period to
see if she can do the job. If not, the management has the ability to move to the next step in
the process. He acknowledged this would be a large challenge for the union applicant, but
felt the management owed to employees to promote from within. At the end of the 60-day
period if the union applicant cannot perform the work required, the management team can
return her to her previous job and hire the other applicant. He added if one of the
applicant’s had a 4-year Civil Engineering degree, this issue wouldn’t be before the Board.
Commissioner Stewart stated this is a tough decision because the Board didn’t have the
chance to interview either applicant and interviews can make the difference when filling a
position. He felt it wasn’t the Board’s place to make a decision without interviewing the
applicants. He stated this isn’t a reflection on either applicant, but speaks about the process.
Commissioner Thayer felt this could open Pandora’s box if the Board overrides the
management decision especially since the process was followed. The job requirements are
defined within the job description and the management team followed the process.
Commissioner Iacoangeli indicated the CBA allows the union the opportunity to bring this
issue before the Board for reconsideration and this is the first time it has been used since he
has been on the Board. He felt the current employee should be given the opportunity even
though the 60-day probationary period would be extremely difficult to try to learn everything
in order to qualify for the job. This is a very short period of time to train and will be a huge
challenge for the union applicant.
Ms. Regis acknowledged this has only happened a few times, and management recently
promoted from within because a union member had the qualifications and has excelled in
the position. Since she has been the Human Resource Director, the Road Commission hasn’t
experienced this situation because we have promoted from within when the qualifications
have been met by a current employee.
Mr. Shinevarre stated he wouldn’t have brought the issue before the Board if the union didn’t
believe in providing opportunities for current employees to move up in the organization.
Ms. Hoberg was not given the opportunity, and that is what the union is asking for – the
opportunity. He also acknowledged the union understood the Board decision would be final.
Mr. Costello reviewed the procedure pointing out this is an appeal to a management
decision. If the Board does not make a motion, the appeal dies. Should the Board make a
motion, and it received majority support, then it is granted; or if the motion does not receive
majority support, the appeal dies. A third option would be to table the decision to allow
Commissioner Londo to be present so he can participate in the decision.
Commissioner Iacoangeli clarified if no motion is made, the appeal for reconsideration dies.
If a motion is made and does not receive majority support, the appeal dies. Mr. Costello
indicated that was correct.
Commissioner Minton made the motion to table the discussion until Commissioner Londo
was present. Commissioner Stewart made a friendly amendment to Commissioner Minton’s
motion, seconded by Commissioner Thayer to table the discussion on the AFSCME
reconsideration until all five board members are present. Vote: Ayes: 4 Nays: 0 Excused:
1 Motion carried.
Monroe County Road Commission
Regular Meeting Minutes
October 28, 2019 – Page 7
10. Report of Officers –
Randy Pierce (Managing Director) – Mr. Pierce indicated the letter to MDOT addressed
to Mr. Sweeney’s attention regarding the 90-day transition period was prepared and
ready to be sent. He also referenced the topic addressed in his Managing Director
communication regarding the North Shores concern – these are private roads as they
are not certified into the county road system. And the sale of the West District facility
is still pending until after November 1st
to see if the company is able to obtain their
license.
David M. Leach (Superintendent of Maintenance) – Mr. Leach explained according to
the bargaining contract, the union and maintenance division employees was given the
2-week notice to start the night shift effective November 18, 2019. The decision was
based on the decreased temperatures and possibility of snow in the 10-day forecast.
Matthew Snell (County Highway Engineer) – Mr. Snell updated the Board on the N.
Dixie Highway paving project was completed today; the Dunbar milling is complete
and paving to start by end of the week weather permitting. The north end of the
Petersburg Road bridge project was open to traffic today, and the southern portion
demolition should start tomorrow.
Dori Hawkins-Freelain (Director of Finance) – Ms. Hawkins-Freelain stated the Audit
Engagement Letter has been signed and the audit field work is scheduled to begin
December 9, 2019.
Philip Costello (General Counsel) – Mr. Costello had nothing additional to report.
11. Public Comment
David Hoffman, County Commissioner, stated the County Board has a similar situation and
the Board decided it should not micromanage departments to the decision was put back to
the department managers. He added there is always the grievance and arbitration process to
follow as well.
Mr. Hoffman also indicated the gravel roads are in pretty good shape but with the two inches
of rain the water recently it would be easier to keep water off side road shoulders if the
berms were cut.
12. Commissioners' Comments -
Commissioner Thayer applauded the staff for the letters sent to MDOT regarding the
unfunded liability concerns and the 90-day transition interpretation. Both letters clearly
outline our stance and position on these issues, and puts MDOT on notice.
Commissioner Stewart agreed the letters to Mr. Sweeney were good.
Commissioner Londo was excused.
Commissioner Minton also agreed with the content of the letters to MDOT.
Commissioner Iacoangeli agreed the letters were good and to the point.
13. Adjournment -
Chairman Iacoangeli stated if there are no objections, the meeting is adjourned at 6:25 p.m.
_________________________________
Cheryl A. U’Ran, Deputy Clerk
Proposed 2020 MEETING SCHEDULE
BOARD OF COUNTY ROAD COMMISSIONERS 840 S. TELEGRAPH ROAD – MONROE, MICHIGAN 48161
Meetings will be held in the MCRC
Board Room at 5:30 p.m. unless otherwise posted.
JANUARY 13, 2020 JULY 13, 2020 JANUARY 27, 2020 JULY 27, 2020
FEBRUARY 10, 2020 AUGUST 10, 2020 FEBRUARY 24, 2020 AUGUST 24, 2020
MARCH 09, 2020 SEPTEMBER 14, 2020
MARCH 23, 2020 SEPTEMBER 28, 2020
APRIL 13, 2020 OCTOBER 12, 2020 APRIL 27, 2020 OCTOBER 26 2020
MAY 11, 2020 NOVEMBER 09, 2020 MAY 26, 2020 (Tuesday) NOVEMBER 23, 2020
JUNE 08, 2020 DECEMBER 07, 2020 JUNE 22, 2020 DECEMBER 21, 2020
Proposed minutes for each of the regular meeting listed above will be available for public inspection during regular business hours, at the above meeting place, not
more than eight (8) business days after the date of said meeting. Approved minutes of each meeting will be available for public inspection during regular business hours, at the meeting place, not more than five (5) days after the meeting,
Individuals with disabilities requiring auxiliary aides, such as signers for the hearing impaired, should contact the Road Commission by writing to the above address to the attention of Cheryl A. U’Ran one week prior to the meeting.
