LAPEER COUNTY BOARD OF COMMISSIONERS REGULAR BOARD MEETING September 28, 2006 4:00 P.M. Chairman Taylor called the meeting to order at 4:05 p.m. at Seven Ponds Nature Center, 3854 Crawford Road, Dryden, MI 48428. Commissioner Taylor opened the meeting with prayer. The Pledge of Allegiance was recited. Present: Cheryl A. Clark District #1 Dyle Henning* District #2 Joyce Bonesteel District #3 Lenny Schneider District #4 David Taylor District #5 Ron Dahlke District #6 Ian Kempf District #7 AGENDA It was the consensus of the Board to approve the agenda with the deletion of a closed session. The draft minutes from the September 14, 2006 Regular Board Meeting were reviewed. 348-06 Motion by Schneider, supported by Bonesteel, to approve the draft minutes from the September 14, 2006 Regular Board Meeting. Motion carried. It was noted that the Commissioner Mileage/Expense Sheets are in the packet for review. Chairman Taylor thanked Tina Papineau, Dryden Township Supervisor, for coming to the meeting. PUBLIC TIME No comments were received. Peter Whitman, of the Lapeer Development Corporation, introduced Daniel LaRouche, of Performance & Reliability Group. Mr. LaRouche spoke about Regional Economic Development. 349-06 Motion by Clark, supported by Schneider, to approve the following budget amendment as submitted by the Sheriff's Department: Decrease 101-301-704.000 (Salary-Employee) by $4,700.00 Increase 101-301-730.000 (Office Supplies) by $3,000.00 Increase 101-301-802.010 (Laundry Svc) by $1,200.00 Increase 101-301-941.000 (Equip Rental) by $500.00 Motion carried.
Regular Board Meeting September 28, 2006 PAGE 2 350-06 Motion by Clark, supported by Schneider, to adopt the following resolution for Nancy Stimson: RESOLUTION Nancy Stimson was born on September 10, 1952 to Robert and Pauline Grover in Flint, Michigan; and, Nancy Stimson graduated from Lapeer High School in 1970, attended and graduated from the Policy Academy at Delta College in Saginaw, Michigan, in 1975, then attended the FBI National Academy (201 st Session) in 2000, plus attended various law enforcement training sessions between 1974 and 2006; and, Nancy Stimson began her employment with the County of Lapeer when she hired in as a Secretary for the Drug Unit in the Prosecutor Office in September 1974; Nancy was then transferred to the Sheriff s Department in November 1976, first serving in the Crime Prevention Unit, was promoted to Deputy Sheriff/School Liaison Officer in 1979, became a Road Patrol Officer in 1981 until she was promoted to Detective/Sergeant in 1991; Nancy was also appointed as a MISSION (Michigan Sheriff Special Investigative Operative Network) Investigator in 1998; and, Nancy Stimson has served as the Director of the Lapeer County Explorer Post 200 from 1990 to 2001, Michigan Law Enforcement Youth Advisory Committee member from 1992 to 2002, Coordinator of the Child Death Review Team since 1998; Michigan Public Health Institute State Advisory Board member since 2001, Dive Team Member, DARE Instructor, Lapeer County Council for Children Board member, and member Lapeer County Deputies Association; and, Nancy Stimson has been honored with the Sheriff s Service Award in 1990, named Outstanding Deputy of the Month in October of 2002, named 2003 Deputy of Year, and received the Crime Victim Award from Prosecutor s Office in 2004; and, Nancy Stimson retired on September 15, 2006, after 32 years of faithful service to the County of Lapeer, and will be honored on October 21, 2006. NOW, THEREFORE, BE IT RESOLVED, that this Board of Commissioners of Lapeer County, Michigan, wishes to honor and express deep appreciation to Nancy Stimson for her many years of dedicated service to the citizens of her community and all of Lapeer County. Roll Call Vote: Clark, aye; Bonesteel, aye; Dahlke, aye; Henning, aye; Kempf, aye; Schneider, aye; Taylor, aye. 7 ayes. Motion carried unanimously.
Regular Board Meeting September 28, 2006 PAGE 3 351-06 Motion by Kempf, supported by Henning, to adopt the following resolution as recommended by the Lapeer County Collaborative Planning Commission: RESOLUTION Pursuant to MCL 125.105 the Lapeer County Cooperative Planning Commission has updated the County Comprehensive Development Plan with accompanying maps, plats, charts, and descriptive and explanatory matter that will show the Commission s recommendations for the development of the County. The Commission has reviewed an amended Chapter 10, Future Land Use and Map 7, Future Land Use Plan, based on the comments received from the State of Michigan, Farmland Preservation Program. The amended Chapter 10 and Map 7 are recommended to the Board of Commissioners for review and inclusion in the final document. The final draft document has previously been authorized for distribution to the surrounding counties and the townships, cities, and villages of Lapeer County for review and comment. The Lapeer County Board of Commissioners hereby grants approval to the amended Chapter 10 and Map 7, as submitted. Roll Call Vote: Kempf, aye; Clark, aye; Dahlke, aye; Henning, aye; Schneider, aye; Bonesteel, aye; Taylor, aye. 7 ayes. Motion carried unanimously. 352-06 Motion by Kempf, supported by Dahlke, to adopt the following resolution regarding the Village of Almont 2007 Water Supply Systems Improvements project: RESOLUTION VILLAGE OF ALMONT 2007 WATER SUPPLY SYSTEMS IMPROVEMENTS the County of Lapeer (the County ), by resolution of its Board of Commissioners, has established a Department of Public Works for the administration of the powers conferred upon the County by Act 185 of the Michigan Public Acts of 1957, as amended ( Act 185 ), which Department is administered by the Lapeer County Drain Commissioner, acting as the Board of Public Works, under the general control of the Board of Commissioners; and pursuant to a request set forth in a resolution adopted by the Village Council of the Village of Almont (the Village ) the Board of Commissioners, by resolution adopted on March 30, 2006, approved as a County project under Act 185 the acquisition, construction and financing of water supply system improvements to serve property in the Village (the "Project") and directed the Drain Commissioner to submit to this Board, for approval, plans specifications and estimates of cost for the Project and to negotiate and to submit to this Board, for approval, a contract between the County and the Village in respect to the acquisition, construction and financing of the Project; and the Village Council of the Village by resolution, has approved the proposed Almont 2007 Water Supply System Improvements Contract, dated as of September 1, 2006, between the County and the Village (the Contract ), which provides for the acquisition, construction and financing of the Project; and there has been presented to this Board by the Drain Commissioner a description of the specific area to be served by the Project and estimates of cost and the period of usefulness thereof and the proposed Contract relating to the acquisition, construction and financing of the Project, including the issuance of notes by the County under Act 34, Public Acts of Michigan, 2001, as amended, in the principal amount of not to exceed $300,000 (the Notes )
Regular Board Meeting September 28, 2006 PAGE 4 (Resolution Village of Almont 2007 water supply systems improvements continued) to pay certain of the preliminary costs of the Project, the Notes to be payable from the proceeds of the Bonds (as hereinafter defined) and otherwise from payments to be made by the Village pursuant to the Contract; and in order to provide permanent financing to refund the Notes and to pay all or part of the remaining costs of the Project, the County expects to issue its bonds (the Bonds ) pursuant to the Contract in an amount not to exceed $2,200,000 (the estimated cost of the Project) in anticipation of payments to be made by the Village pursuant to the Contract, which Bonds shall be a full faith and credit limited tax general obligation of the County; and the County desires to approve the Contract and authorize the issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF LAPEER, as follows: 1. The Board of Commissioners does hereby approve the Contract in the form presented to this meeting, including the estimates of cost and period of usefulness for the Project, as set forth on Exhibit B attached to the Contract, and the County Clerk is hereby authorized to endorse on said form of Contract the fact of such approval and return the same to the Drain Commissioner. 2. The Drain Commissioner is hereby authorized and directed to execute and deliver on behalf of the County the Contract in the form presented to this meeting in such number of original copies as he may deem appropriate. 3. The Notes are hereby authorized to be issued in the principal amount of not to exceed $300,000, as determined by the Drain Commissioner at the time of sale, for the purpose of paying prior to the issuance of the Bonds all or part of the Preliminary Costs (as defined in the Contract). The Notes shall be designated "Lapeer County Water Supply Notes (Almont 2007 Water Supply System Improvements), Series 2006"; shall be issued as a single, fully registered note, numbered 1; shall mature no later than October 1, 2007; shall bear interest at a rate not to exceed 6% per annum, such interest to be payable no more frequently than semiannually and at maturity or prior redemption; shall be subject to redemption at any time, in whole or in part, at the option of the County, at the par amount thereof plus accrued interest to the redemption date; shall be issued in anticipation of and shall be payable from the proceeds of the Bonds and out of payments to be made by the Village to the County under the Contract; shall be executed in the name of the County by the Drain Commissioner, acting as the Board of Public Works, and shall be sold by the Drain Commissioner at a price equal to the par value thereof at a private, negotiated sale. The Board of Commissioners determines that the sale of the Notes at a private, negotiated sale is in the best interests of the County and the Village and is the most efficient and cost-effective method of selling the Notes. The Drain Commissioner is authorized to sell the Notes within the foregoing parameters following the execution and delivery of the Contract, with such additional provisions as he deems necessary that are not materially adverse to the County, and to execute such other certificates and instruments as he deems necessary or appropriate in connection with the execution and delivery of the Notes. The Notes shall not pledge the full faith and credit of the County and shall not be a general obligation of the County, but shall be payable solely out of the proceeds of the Bonds and out of payments to be made by the Village to the County under the Contract. The Notes shall be in substantially the form attached hereto as Exhibit A. 4. The Project shall be as described in the preamble hereto and the maximum principal amount of Bonds expected to be issued for the Project is $2,200,000. 5. This Notes are designated as qualified tax-exempt obligations as described in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended.
Regular Board Meeting September 28, 2006 PAGE 5 (Resolution Village of Almont 2007 water supply systems improvements continued) 6. The Drain Commissioner is authorized, if necessary, to file with the Michigan Department of Treasury an application for approval of the Notes under Act 34, Public Acts of Michigan, 2001, as amended. 7. The issuance and sale of the Bonds shall be authorized by a subsequent resolution to be adopted by the Board of Commissioners of the County. 8 All resolutions and parts of resolutions insofar as the same may be in conflict herewith are hereby rescinded. Roll Call Vote: Kempf, aye; Dahlke, aye; Henning, aye; Schneider, aye; Bonesteel, aye; Clark, aye; Taylor, aye. 7 ayes. Motion carried unanimously. 353-06 Motion by Clark, supported by Schneider, to authorize the Sheriff's Department to submit a grant application to the Department of Homeland Security, CEDAP, for the purchase of a night vision monocular, at no cost to the County General Fund; and further, to allow its acceptance once the grant is awarded to Lapeer County for this equipment. Motion carried. 354-06 Motion by Clark, supported by Schneider, to authorize the Sheriff's Department to sell up to five long guns (to a business or collector who possess an approved license from the Bureau of Alcohol Tobacco and Firearms agency as regulated by the National Firearms Act), trade in 57 Smith and Wesson Model 4046 40 caliber handguns, and purchase 83 Smith Wesson Model M&P 40 caliber handguns from the bidder with the lowest price; and further, to allow the Sheriff's Department to purchase 83 retention holsters from the lowest bidder and five long guns. All monies received are to be deposited in the Capital Improvement Fund, to be used for the future purchase of such replacement handguns, five long guns and any tactical equipment purchases within two years with the Board s approval. Motion carried. 355-06 Motion by Clark, supported by Kempf, to authorize the Lapeer County Community Mental Health Services Board to submit the 2007 Child Care Expulsion Prevention grant application. Motion carried. 356-06 Motion by Clark, supported by Kempf, to authorize payment to Howard L. Shifman P.C., in the amount of $5,830.50, for legal services rendered 08/01/06 08/31/06, to be paid from line item 101-210-801.020. Motion carried. 357-06 Motion by Clark, supported by Kempf, to authorize Lapeer County Community Mental Health to restore the Outpatient Clinic Law Enforcement Liaison position (#534) from regular part-time to regular full-time, at no cost to the County General Fund. Motion carried. 358-06 Motion by Clark, supported by Kempf, to authorize the Chairman to sign the contractual agreement for the Family Court/Juvenile Division Intensive Probation Officer, effective July 31, 2006 through September 30, 2007, at no cost to the County General Fund. Motion carried.
Regular Board Meeting September 28, 2006 PAGE 6 359-06 Motion by Clark, supported by Kempf, to authorize the assigned Probate/Family Court on-call Juvenile Probation/Caseworker position to receive payment equal to four hours of their hourly rate, at no cost to the County General Fund for Fiscal Year (FY) 2006. Motion carried. 360-06 Motion by Clark, supported by Kempf, to approve a 2% increase for the MSU Extension Service Learning Coordinator position (contingent upon grant approval), effective September 1, 2006, at no cost to the County General Fund. Motion carried. 361-06 Motion by Clark, supported by Kempf, to grant a temporary grading easement, to Independent Physician s Land Development, in Section 31 of Mayfield Township; and further, as a condition of this easement, Independent Physician s Land Development agrees to remove all autumn olive shrubs to 50 from the center of the existing road in the easement area and to clean out the intake and discharge ends of the 12 overflow pipe in the County retention area, to the west of Suncrest Drive. Motion carried. 362-06 Motion by Clark, supported by Kempf, that all printer requests (new or replacement) shall be acquired only through the Department of Buildings and Grounds. Motion carried. 363-06 Motion by Clark, supported by Kempf, to authorize the Department of Buildings and Grounds to proceed with listing the National City Bank Drive-through property located at 450 N. Court Street at a list price of $199,995.00, which includes the existing lease, with a 4% realtor sales commission. Motion carried. 364-06 Motion by Clark, supported by Kempf, to approve the following budget amendment as submitted by Community Corrections: Increase 261.359.569.000 (Grant) by $18,213.00 Increase 261-359-813.500 (Lap PRS) by $12,430.00 Decrease 261-359.813.550 (Tus PRS) by $1,174.00 Decrease 261-359-813.600 (Lap Sub Abuse) by $1,502.00 Increase 261-359-813.650 (Tus Sub Abuse) by $8,459.00 Motion carried. 365-06 Motion by Clark, supported by Kempf, to approve the 3 page budget amendment as submitted by the Parks Department. Motion carried. 366-06 Motion by Clark, supported by Kempf, to accept the grant award for funding, in the amount of $363,818.00, including the terms and conditions of the resulting contract from the Office of Community Corrections for Fiscal Year (FY) 2007; and further, to authorize the Chairman to sign said agreement. Motion carried.
Regular Board Meeting September 28, 2006 PAGE 7 367-06 Motion by Bonesteel, supported by Dahlke, to approve the County s Audit Motion for disbursements dated September 29, 2006, based upon the signature of the County Controller/Administrator; and further, to approve the Road Commission Audit Motion for disbursements dated September 28, 2006, based upon the signatures of the Road Commission Chairman and Finance Director. Roll Call Vote: Bonesteel, aye; Henning, aye; Kempf, aye; Schneider, aye; Clark, aye; Dahlke, aye; Taylor, aye. 7 ayes. Motion carried unanimously. Chairman Taylor thanked Mike Champagne for allowing the Commissioners to use their facility. Mr. Champagne gave a brief overview of Seven Ponds Nature Center. The Commissioners gave brief reports on meetings and conferences that they have recently attended, as well as upcoming meetings and events. *Commissioner Henning excused. 4:44 p.m. PUBLIC TIME No comments were received. Chairman Taylor thanked Bonnie Rumley, Dryden Township Clerk, for coming to the meeting. 368-06 Motion by Bonesteel, supported by Schneider, to adjourn the meeting. 4:47 p.m. David Taylor, Chairman Board of Commissioners Marlene M. Bruns, County Clerk Clerk of the Board