Board Answers....

December 12, 2010

To: Lou Fitz

From: L. VanDolsen, Supervisor

Subject: Public Comment Questions

Attached please find the answers to the questions you submitted from public comment. I was not sure what date you were referring to for the "town hall meeting", and thus, I was not sure when the 2 week's deadline would be. If by town hall meeting you meant our regularly scheduled 14 December board meeting, I could not respond 2 weeks before that date. If you meant a future special or open forum meeting on this project, then I have complied with your 2 week request. If I don't see you at the 14 December meeting, I will mail this to you instead of handing it to you personally. Thanks for your questions.

Sincerely,

Linda J. VanDolsen, Supervisor Elk Township, Lake County,MI

/ljv

Bid Process: Competitive bidding is not required by state law. MT A was consulted to confirm this. We are not using federal funds nor are we encumbering the township with a mortgage. The board accepted the recommendations of the subcommittee as regards the choice of general contractor and civil engineer.

Money: This township board has spent $350 on drawings and $1,500 for a survey of the site done my Abonmarche, Manistee, plus $300 on trustee's salaries for an open forum and special meeting for this current project. Total $2,150. Mr. Peterson has not yet billed us for his services for this most recent set of drawings, meetings, and site visit that have taken place in the September to November timeframe. The site had to be resurveyed because the survey done for the previous proposed building project was incomplete. The previous survey did not include the entire site out to Toma and up to Bass Lake Rd. so the precise location of the easements at the comer of Toma and Bass Lake were not shown.

The law states that a licensed civil engineer's or a licensed architect's stamp/seal must be on all building plans. Ivan Peterson is a licensed civil engineer in good standing and can therefore do the working drawings and stamp the plans.

Township funds will be built back up as they have always been - by our annual revenue accumulation. Our goal is to maintain one year's operating cost in the general fund.

Cost Proposal: All code requirements for this project have been met. Underground electrical costs will be determined by Great Lakes Energy. This cannot be done until the site stakes are placed for the building footprint.

Old Building (current Township Hall): The Proposed Development Plan for the Elk Township Site was adopted by the board in April 2010. Phase II of the plan addresses the repurposing of the old hall and adopts the most popular ideas from the community. The most popular idea is to repurpose the building to serve as the historical and cultura center for Elk Township where the township's historical records can be properly preserved, archived and displayed. Once the hall is vacated, renovation and preservation can begin as revenues become available. Old building's safety: As has been explained many times, the combination of the weights of the filing cabinets, office furniture and the people attending a meeting are too heavy a load for the current structure.

Contract Document: Contract dates and payment schedules TBD because at the 18 November, meeting nothing was decided except to have another meeting. The subject of liens was discussed by Mr. Riggs, Mr. Fairbanks and the Supervisor at length on 18 November. It is the supervisor's responsibility to consult with the contractor and verify that the waiver of liens is correct before payment is made.

Floor Plan Document: Interior floor plan and design derived from inputs from the entire board and contractor. Interior materials include ceramic tile flooring, with a neutral color palate for walls and trim. Everything is to code.

SidelEnd View: It is proposed that exterior colors will be pale gray siding, white trim on windows, and the natural gray of the exterior stone with a black metal roof. There will be no double entry door because it is not energy efficient. There will be a handicap accessible single door with sidelights. Entry is situated to open on the parking lot and allow for easy drop off and pick up of persons, deliveries, etc., and facilitate handicap access and snow removal. Landscaping will be minimal because of woodland setting, but there will be low maintenance shrubbery on either side of the front porch/door. The entire circumference of the building will have stone mulch from the slab edge to the end of the overhang. The proposed exterior colors will match those of the old building and give a feeling of continuity to the site.

Site Plan: There is no danger of sprawl; remember our population and where we are. As far as siting the building to make it easier to sell off property, that is not a consideration, but rather it is sited to facililate and lower the cost of a future addition should future growth require it. A separate septic system is required because: (1) The current one cannot handle the "highest and best use" of the proposed building as well as the requirements of the old building. (2) The proposed building is too far from the current septic and the fall is not adequate to ensure proper flow. Per the code a well upgrade is not required.

Questions from the community to the Board

Open Letter to the Elk Township Board:

Date: November 28, 2010

To: Linda VanDolsen, Elk Township Supervisor

From: Elk Township Citizens

Subject: Questions about the Elk Township building project

Cc: All Elk Township Board members

Linda,

In regards to your statement at the Elk Township Special Board Meeting on 11/18/10, “Please submit your questions in writing”, a group of Elk Township citizens are taking this opportunity to respond to your request for written questions. Attached are two pages of questions that the Elk Township Citizens (ETC) have compiled. We respectfully request that answers be provided in writing, so that we may share the information with each member of this group. We are submitting these questions now to avoid a lengthy and confusing town hall meeting and, by doing this now, provide you time to prepare and deliver the answers a minimum of two weeks prior to the town hall meeting.

Our intent is not to try to stop a building project and not to be negative. Rather, it is to better understand if the township Board is acting in the best interest of the taxpayers when considering a project and expenditure of this magnitude.

Your prompt attention to this request is greatly appreciated. Please call me with your questions. (231-266-5040)

Lou Fitz (Spokesperson for ETC)

The Questions:

November 23, 2010

• Bid Process

• At a special meeting held 11/18/10, Elk Township Supervisor, Linda VanDolsen, stated (paraphrase) “Legally, no open bids are necessary because no money will be borrowed from a banking institution.” Understanding that competitive bidding is in the best interest of the township, why is there no competitive bidding on this building? We strongly urge the board to use competitive bidding in this building project.

• Money
• Has any money been spent on this project as of this date?
• Did the Board pay for the architectural drawing given to Board at the 11/18/10 Special Meeting? And is an architect going review and affix his/her stamp on this drawing?
• How are you planning to build reserve township funds back up after spending for this building project?
• Is the board willing to reduce the township savings to less than one year’s operating cost and sign the proposed contract?
• If yes (this will reduce savings to less than 1 yr. operating cost), by how much is the board willing to reduce the Township savings?
• $238,000 (current savings) – $155,584 (total listed on cost proposal sheet) = $83,000 would be left in savings. $83,000 is 2/3 of the annual budget. (All figures are approximate.)

• Cost Proposal Sheet document (from 11/18/10 meeting)
• Why is there no provision for a fire suppression system on Proposal Sheet? (required on any commercial building)
• Why was no specification sheet submitted with the bid? (i.e. electrical service, insulation thickness, furnace capacity, etc.)
• Why are the underground electrical costs not part of the bid ($155,584 not correct total amount without this cost?)
• Volunteers on this project.
• How is the township going to be compensated for volunteer labor? And who’s going to keep track of volunteers’ time? I.e. if framing-in, roof, siding cost is estimated at $16,800 and less time is needed to complete tasks because of volunteer labor, how is a new, lower cost figured?
• Does Township have insurance for volunteer labor – proof?
• Who are the subcontractors?
• Names of subcontractors and how were they selected?
• We request that subcontractor’s bids give a breakout of estimates as to labor and material costs separately.
• Is the General Contractor shown on the Cost Proposal sheet licensed, insured and bonded to build a Class C Commercial building? Does the Civil Engineer meet the same requirements?
• Chapter 13 Public works projects reads;
• Under MCL339.2011, a township may not engage in a public works project costing $15,000 or more, unless the plans and specifications for the project are prepared by a licensed architect or licensed professional engineer, the land is surveyed by a licensed land surveyor and the work is supervised by either a licensed architect or a licensed engineer.
• Furthermore, under MCL 129.201, if the public works project exceeds $50,000, the principal contractor is required to furnish both a performance bond and a payment bond to the township for the completion of the project in accordance with the plans and specifications and for the payment of all subcontractors, laborers and material suppliers.

• Old Building:
• What’s going to happen with the old building (if it’s so unsafe i.e. electrical, floor unsafe etc.)

• Missing from specs provide at 11/18/10 meeting
• Basement! Why no basement? (it’s the cheapest part of the building and overwhelming supported by the citizens at previous town hall meetings held about this type of building)

• Contract Document (acceptance of proposal) (from 11/18/10 meeting)
• Lien releases: What provisions are going to be made for release of liens conditional and unconditional, partial and full? (Partial Lien Release)
• What is the start date of the contract?
• What is the completion date of the contract?
• What is the payment schedule (how and when will monies be paid)?

• Floor Plan Document (from 11/18/10 meeting)
• Building size is 28 X 60 (1680 sq ft) is $92.61 sq ft to build at $155,584.
• Who decided on interior design?
• Floor – wood ceramic or vinyl tile?
• Walls – wood, woodwork, colors?
• Meeting room size: Is meeting room adequate for future use?
• Approximately 702 sq. ft. wall to wall - allocated to meeting space, including coffee area.
• Bathroom – Need a urinal in bathroom
• Building inspector will require two entrance/exit doors in the meeting room area.

• Side / End View Document (from 11/18/10 meeting)
• What color is exterior siding?
• Comments and suggestions about outside of building.
• Outside should blend with the land (not just tan)
• Landscaping on outside = what is design?
• Is rock on outside real rock? Real rock is a natural resource of this community and should be used.
• Roof – shingles or metal? If metal, is it seamless? (It should be seamless!)
• Entry door
• Why oriented on North side of building?
• This group of citizens would like to see a double door entry on the west side of building with a second (required) exit from the meeting room on north side of building?

• Site plan (from 11/18/10 meeting)
• Building orientation on lot
• Why is it located on the center lot (of 3 owned lots) and not on the North lot (to avoid sprawl)?
• This group of citizens would like to see the new building on the same lot as the old building (Would make 2^nd lot available for resale if township decided to sell it later)
• Why is the septic system not common use for both buildings?
• Do we need to upgrade our well pump? Previous building investigation showed that pump needed upgrading.

The township residents hope for answers to the above questions in writing.