MONTCALM COUNTY BOARD OF COMMISSIONERS Regular Meeting Monday, May 23, 2011 1:30 PM The regular meeting was called to order by Chairman Carr at 1:30 p.m. The meeting opened with the Pledge of Allegiance. Pastor Reid Martin from the Crystal Congregational Church offered invocation. Members present at roll call: Commissioners Walker, Lindeman, Retzloff, Johansen, Paepke, Baker, Carr, and Kellenberger. Members absent: Commissioner Caris. Others present: Chris Hyzer, Kristen Millard, Don Cooper, Bob Clingenpeel, Tim Scott, Bill Barnwell, Lori Wilson, Bob Burns, Lisa Lund, Bob Ferrentino and Elisabeth Waldon. Moved by Commissioner Paepke supported by Commissioner Kellenberger to approve April 25, 2011, minutes as written. Moved by Commissioner Johansen, supported by Commissioner Paepke to approve the agenda as presented. Public comments were offered. Don Cooper, Drain Commissioner, was in attendance to endorse the recommendation coming before the board today from the Economic Development and Physical Resources today to consolidate the electrical permits for those affected by the Derby Lake/Nevins Lake Sewer Project. Chris Hyzer, Controller, provided the board with the 2011 Tax Rate request as prepared by Equalization. Moved by Commissioner Retzloff, supported by Commissioner Johansen to approve 2011 Tax Rate Request and authorize the Chairman and the Clerk to sign it. Chris Hyzer, Controller, provided the board with the Homeland Security Grant Program Intergovernmental Agreement between West Michigan Shoreline Regional Development Commission and Montcalm County. Moved by Commissioner Retzloff, supported by Commissioner Kellenberger to approve the Homeland Security Grant Program Intergovernmental Agreement between West Michigan Shoreline Regional Development Commission and Montcalm County and authorize the proper signatures. Don Cooper, Drain Commissioner, provided the Board with the County Drains at Large for 2009 & 2010, as well as a resolution. Moved by Commissioner Retzloff, supported by Commissioner Johansen to approve and adopt RESOLUTION 2011 15: WHEREAS, The Drain & Lake taxes assessed against the County of Montcalm at Large, as shown on the County Drain Commissioner s Special Assessment Rolls for the years 2009 & 2010, has not been accredited to the respective Drain & Lake Funds for which they were assessed. Said Special Assessments total Drains $99,089.75 and Lakes $1,734.00, and WHEREAS, The sums so assessed should be transferred from the General Fund of the County to the respective Drain & Lake Funds for which they were assessed. 1
NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners here assembled in regular May session for the years 2009 & 2010 that the sum of $100,823.75 be transferred from the General Fund of the County of Montcalm to the respective Drain & Lake Funds for which such assessment were made. The County Controller of Montcalm County shall be and is hereby authorized to make such transfer. Chris Hyzer, Controller, provided the board with correspondence from the West Michigan Regional Planning Commission regarding a high efficiency grain drying system for Brandon Carlson. Comments on the project are due no later than May 31, 2011 Moved by Commissioner Retzloff, supported by Commissioner Lindeman to place the correspondence from WMRPC on file. Chris Hyzer, Controller, provided the board with correspondence from the West Michigan Regional Planning Commission regarding Belvidere Township s project entitled Six lakes Trail. Comments are due no later than May 31, 2011. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to place the correspondence from WMRPC on file. Moved by Commissioner Retzloff, supported by Commissioner Kellenberger to approve consent agenda items 6 through 10 and move stated action: Controller IAEP Agreement Place on file Scott Minard Dodge Report, April 2011 Place on file Controller Notice of Cancellation of Village of Sheridan Police Protection Place on file Controller Parks & Recreation Meeting Minutes, May 3, 2011 Place on file Controller Pension Trust Committee Minutes, April 25, 2011 Place on file At 1:40 p.m. Pete Lozicki, Miller, Canfield, Paddock & Stone, was in attendance representing the Kent Hospital Finance Authority explained the need to hold a public hearing to approve the issuance of taxexempt Kent Hospital Finance Authority Hospital Revenue and Refunding Bonds (Spectrum Health) Series 2011 for the benefit of Spectrum Health as required by the Internal Revenue Code. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to enter into Public Hearing at 1:42 p.m. for the purpose of fulfilling the public approval requirements of the Internal Revenue Code of 1986, as amended, for the Kent Hospital Finance Authority Revenue and Refunding Bonds (Spectrum Health) Series 2011 by the Kent Hospital Finance Authority for the benefit of Spectrum Health. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Walker to accept the bid from Casair in the amount of $15,945.59 to provide audio and visual for the board room with the funds to come from the foreclosure funds. Motion carried with Commissioner Lindeman voting no. Moved by Commissioner Johansen, supported by Commissioner Kellenberger to solicit quotes for the repair of the septic system at Animal Control and to authorize the Controller to proceed with the selection of the contractor. Moved by Commissioner Johansen, supported by Commissioner Lindeman to place the May 9, 2011, Economic Development and Physical Resources Committee minutes on file. 2
Moved by Commissioner Lindeman, supported by Commissioner Johansen to place the May 9, 2011 Health and Human Services Committee minutes on file. Moved by Commissioner Baker, supported by Commissioner Paepke allow EMS to obtain three or more bids from local salvage yards and authorize the Controller to approve the sale for the 1996 Ford Crown Victoria to the highest bidder and to post the information on the county website so others have an opportunity to bid as well. Moved by Commissioner Baker, supported by Commissioner Kellenberger to accept the alternate bid from Michigan First Response for $108,561.00 to include the trade in of the existing unit and authorize the down payment of $11,856.00. Moved by Commissioner Baker, supported by Commissioner Kellenberger to accept the County of Montcalm 2012 Budget Calendar as presented. Moved by Commissioner Baker, supported by Commissioner Lindeman to approve warrant number 042511 in the amount of $231,305.28 and warrant number 050911 in the amount of $1,030,932.01. Moved by Commissioner Baker, supported by Commissioner Lindeman to place the May 9, 2011, Finance and Personnel Committee minutes on file. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to come out of Public Hearing at 1:58 p.m. Moved by Commission Retzloff, supported by Commissioner Lindeman to approve and adopt RESOLUTION 2011 16 KENT HOSPITAL FINANCE AUTHORITY BONDS: WHEREAS, the Kent Hospital Finance Authority (the Authority ) proposes to issue bonds (the Bonds ) for the benefit of Spectrum Health Hospitals ( Spectrum ) and Spectrum Health United (formerly known as United Memorial Hospital Association) ( United ) (collectively, the Borrowers ). The proceeds of the Bonds will be loaned to the Borrowers and used by the Borrowers, together with other available funds, for any one or more of the following purposes: (i) to construct, renovate and equip health care facilities of Spectrum located at 1840 Wealthy SE, Grand Rapids, Michigan, generally consisting of the construction of a 158,000 square foot addition to the hospital, the relocation of hospital beds, renovations and expansion of existing areas of the hospital and the replacement of eight operating rooms in the approximate amount of $61,300,000; (ii) to finance or refinance the acquisition and equipping of a medical office building of Spectrum located at 221 Michigan Street NE, Grand Rapids, Michigan in the approximate amount of $20,000,000; (iii) to refund the existing Kent Hospital Finance Authority Revenue and Refunding Bonds (Spectrum Health) Series 2005B originally issued in the aggregate principal amount of $100,000,000; (iv) to refund the existing Kent Hospital Finance Authority Revenue Refunding Bonds (Spectrum Health System) Series 2008B-1 originally issued in the aggregate principal amount of $75,000,000; (v) to pay a portion of the interest on the Bonds; and (vi) to pay costs of issuing the Bonds; and WHEREAS, the Authority intends to issue Kent Hospital Finance Authority revenue and refunding bonds (the Bonds ) in the aggregate principal amount of not to exceed $250,000,000 to provide funds with which to make the loans to the Borrowers; and WHEREAS, the Bonds will be limited obligations of the Authority and will not constitute general obligations or debt of the Authority, the City of Grand Rapids, the County of Kent, the City of Greenville, the County of Montcalm, the State of Michigan or any political subdivision thereof within the meaning of any constitutional, charter or statutory provisions or limitations; and WHEREAS, on May 23, 2011, the County of Montcalm held a public hearing after notice; and WHEREAS, the Authority has requested that this Board of Commissioners approve the issuance, sale and delivery of the Bonds by the Authority as described above. 3
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Montcalm as follows: 1. Solely for the purpose of fulfilling the public approval requirements of the Internal Revenue Code of 1986, as amended, the Board of Commissioners of the County of Montcalm, Michigan hereby approves the issuance, sale and delivery of the Bonds by the Authority. 2. The County Clerk is hereby directed to provide three (3) certified copies of this resolution to the Secretary of the Authority. At 2:00 p.m. Lisa Lund, Bob Clingenpeel and Bob Ferretino were in attendance to give the board an update on the Montcalm Human Services Coalition s current plans and activities. Each gave a short presentation to update the board members on the Coalition s activities and goals. Commissioner Johansen informed the board that he has had the honor to serve as the Chairperson since 2002 and he is proud to say that this is a coalition that gets things done. He is very proud to have such an active coalition in Montcalm County. At 2:20 p.m. Lori Wilson, Register of Deeds, was in attendance to give the board a presentation on investigating mortgage fraud. She showed the board a 60 Minutes video regarding an investigation that revealed many cases of mortgage assignment documents which were fraudulently signed. Ms. Wilson also brought some enlarged documents to show the Board that some of these fraudulent assignments are filed in Montcalm County. She is putting together all of the documents her office can find to send to the Attorney General s office. As of today, she has found 200 fraudulently signed documents and 600 documents with MERS (Mortgage Electronic Registration System) name on them. She stated that she will be putting a list together for the Daily News to publish so that Montcalm County residents are informed and can join a Class Action suit against MERS, should they choose to do so. She also stated that all foreclosed properties will have to be re foreclosed on. Sheriff Barnwell was in attendance and stated that his office does do the Sheriff foreclosure sales and has been watching for any documents with the signature of Linda Green on them or from MERS (Mortgage Electronic Registration Systems). Commissioner Lindeman asked if the County should be keeping track of the expenses that this fraudulent activity has cost the county. Ms. Wilson stated that she is keeping track of the documents found and so far the only thing invested is paper, ink and her time. She stated that on Wednesday she will be going to the Banking Committee to hear the president of MERS testify. Moved by Commissioner Paepke, supported by Commissioner Lindeman to have the County Controller/Administrator contract for a recycling container to be place at Howard City to conduct an unmanned recycling site pilot program, to occur as soon as possible with end date to be determined at the Controller s/administrators discretion. Moved by Commissioner Paepke, supported by Commissioner Lindeman to have the Controller/Administrator work with Recycle World to amend the current recycling contract to close the two Howard City, Eureka and Six Lakes site locations. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to place the May 9, 2011, Solid Waste Management Planning Committee minutes on file. 4
Chris Hyzer presented the board with correspondence from Scott Minard, Building Official, regarding the fees for electric permits for those affected by the Derby Lake/Nevins Lake Sewer Project. Moved by Commissioner Johansen, supported by Commissioner Kellenberger to approve the following fees for the Derby/Nevins Lake Sewer Project as below: Outside Grinder Pump Fees for Ten Homes is $135.00 The Grinder Pump to the Individual Dwellings Permit for Five Homes is $195.00 Re inspection Fee will be $30.00 Discussion took place regarding the fees for those homeowners that want to do their own work. Chris Hyzer will look into the prospect of homeowners that wish to do their own work and the amount they will be charged and report back to the board. Chris Hyzer informed the board that he has received information from Mark Sabin regarding an OverNite Commissary Services Addendum for Swanson Services Corporation. This upgrade will allow for less accounting work on the county end. The contract is standard and Mr. Hyzer feels this is a good solution. Moved by Commissioner Retzloff, supported by Commissioner Baker to approve the addendum to the commissary agreement at the jail and allow the Sheriff to sign it. Moved by Commissioner Retzloff, supported by Commissioner Paepke to approve Amendment 2011 1 to the County of Montcalm Pension Plan. Public comments were offered and none were given. Moved by Commissioner Retzloff, supported by Commissioner Johansen to adjourn at 3:07 p.m. Motion carried. Kristen Millard, County Clerk Patrick Q. Carr, Chairman 5