Minutes

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Missaukee County Board of Commissioners
Commissioners Room, Lake City, Michigan
Regular Board Meeting
April 13th, 2010 at 10:00 AM

Roll Call:  All present.

Prayer given by Comm. Vivian and Pledge of Allegiance.

Minutes read of March 9th, 2010 and approved.

Motion by Zuiderveen, supported by Bridson to approve Agenda with the removal of the 5th-3rd resolution, addition of Larry Boyce and Road Commission letter.   Carried

Public Comment:  Introduction of Steven Kirinovic, Principal at Abraham & Gaffney who are present to finish the 2009 audit.

Larry Boyce, Republican candidate for State Representative, introduced himself and gave his reasons for running for office.

Sheriff Bosscher presented his monthly report.

Carol Palmer, District Court Administrator, gave her monthly report.

Barb Hancock, County Treasurer, reviewed the month’s financial report and asked to have a resolution passed to amend an earlier resolution on the Commissioners Reserve Fund.

Motion by Vivian, supported by Bridson to pass the following Resolution:

MISSAUKEE COUNTY BOARD
RESOLUTION REGARDING THE TAX REVOLVING FUND
IN REGARDS TO THE COMMISSIONERS RESERVE FUND

2010-03

WHEREAS, theCounty ofMissaukee has for many years had the privilege of being able to self-fund their delinquent tax roll,

AND WHEREAS, over the years the County has maintained a Fund #530 “Tax Revolving Prior Years” for settling with the taxing units delinquent rolls,

AND WHEREAS, the interest of that fund has been kept in #531 “TRF BOC Reserved” to be used by the board for budget control and loans for capital improvements,

AND WHEREAS the Missaukee County Treasurer has the authority to manage the funds of #530 “Tax Revolving Prior Years” and make sure that a sufficient amount is kept there to settle the taxes during good and bad economic years,

AND WHEREAS, if additional principal funds from #530 “Tax Revolving Prior Years”  are deemed necessary for lending or budgeting purposes, the Board of Commissioners must make a motion at a board meeting in which there is a quorum,  prior to transferring from #530 “Tax Revolving Prior Years”  to #531 “TRF BOC Reserved”

THEREFORE BE IT RESOLVED, the Missaukee County Treasurer has the authority to deem the appropriate time to utilize funds of#530 “Tax Revolving Prior Years” to settle with units as needed for purposes of buying the taxing units delinquent rolls and will keep the County Board appraised of that activity during the presentation of the monthly revenue reports and will transfer money as appropriate if the board resolves that it is necessary to conduct the business of the county.

Carried.

Motion by Bridson, supported by Vivian to use the Michigan Public Service Commission $48,000 towards the purchase and installation of the Boiler in the Main courthouse.  Carried.

Motion by Bridson, supported by Zuiderveen to approve the Green Team Action Plan and prioritize current and future expenditures below.  Carried (Robinson dissented)

 

Prioritized listing
Energy Projects
For MPSC grant dollars

 

  1. Boiler for main Courthouse
  2. Energy rated Furnace forAnnexBuilding
  3. Energy rated furnace forHumanServicesBuilding
  4. Replace window air units with energy models
  5. Install additional outside energy rated lighting

Pam Niebrzydowski, COA Director, presentedCOA’s 2009 Annual Report and answered questions.

Dale Mosher, Equalization Director opened the Equalization Session with facts and figures about the decrease in theCountySEV and True Cash Value.

Motion by Zuiderveen, supported by Vivian to approve the equalization report as presented.  Carried.

Larry Richardson, Park Director, requested a vote on increasing the Park Rates for the 2011 season.  He also discussed a possible transfer from the Park fund to the General Fund.  Renner pointed out that county residents now get a discount on the seasonal passes.

Motion by Bridson, supported by Vivian to increase the 2011 Park Rates as presented.  3 Yeas: (Bridson, Vivian,Rogers) 4 Nays:  (Zuiderveen, Robinson, Hughston, Renner) Motion Failed.

Finance Committee Report

The AFSCME Union Contracts have been signed for 2010-2011.  The PPO 14 health plan will be addressed at the Personnel meeting on April 22nd at4:00 PM.

Motion by Renner, supported by Hughston to allow the CDBG mortgage assistance to loan from 100% to 125% of a homes value.  Carried (Vivian dissented)

Motion by Hughston, supported by Zuiderveen to approve the 2010 Grand Administration agreement, Northwest Community Action Agency CDBG Budget for 2010 and the CDBG Grant for 2010.  Carried

2010 GRANT ADMINISTRATION AGREEMENT

THIS GRANT ADMINSTRATION AGREEMENT is made this 13th day of April, 2010, between MISSAUKEE COUNTY, a Michigan municipal corporation, whose address is P.O. Box 800, Courthouse, 111 S. Canal, Lake City, MI 49651, (“County”) and Northwest Michigan Community Action Agency (“NMCAA”), a Michigan non-profit community action agency, whose address is 3963 Three Mile Road, Traverse City, MI 49686.

RECITALS

1.         Pursuant to an application submitted by the COUNTY in 2010, COUNTY has received a grant in the amount of $150,000 under the 2010 Michigan Community Development Block Grant Housing Program (the “Grant”).

2.         The Grant is subject to, among other matters, certain terms and conditions contained in a Grant Agreement between the Michigan State Housing Development Authority and the COUNTY (MSC-2010-0763-HOA), a copy of which is attached and incorporated by reference as “Exhibit A”.

3.         COUNTY determines that it is in the best interest of the COUNTY and its citizens to have the Grant administered by a third party familiar with County-wide housing needs.

4.         The NMCAA is aMichigannon-profit corporation familiar with County-wide housing needs which desires to administer the Grant.

5.         The State ofMichiganrequires that it receive and approve any contract between COUNTY and a proposed third-party administrator of the Grant.

6.         This Agreement is intended to memorialize the parties’ understanding regarding administration of the Grant.

AGREEMENT

A.        DUTIES OF NMCAA – NMCAA assumes the following duties and shall perform the following services for COUNTY:

            (1)        Administration of the Grant in accordance with a program approved by the State ofMichigan.

            (2)        Administration of the Grant in accordance with all terms, conditions and requirements imposed upon the COUNTY in accordance with Exhibit A.

            (3)        Prepare and maintain fiscal controls and accounting procedures relative to the expenditure of all Grant funds, as required by law and in accordance with this Agreement.

(4)        Cooperate with and take all actions requested by the COUNTY, or any other authorized governmental entity, relative to the performance of an audit of the grant funds.

            (5)        Comply with all terms, conditions and requirements imposed upon the COUNTY as identified in Exhibit A.

            (6)        Prepare and submit to the COUNTY, at an interval of monthly {in conjunction with or as part of the monthly financial statement, see paragraph F (3) below} a summary report identifying those cases/programs which NMCAA has acted on during the period since the last report was submitted.

            (7)        Maintain office records and books in accordance with standard accounting practices 

            (8)        Hire and supervise employees as necessary to perform services in administering the Grant as needed.  It is understood that any employees hired shall be employees of NMCAA and not the COUNTY.  NMCAA shall carry complete workers compensation, unemployment (MESC and FUTA) insurance, FICA and shall pay employer related employment taxes for said employees.

B.        COMPENSATION – In consideration for services rendered in its administration of the Grant, NMCAA shall receive pre-approved administration fees in the amount of $27,000.00 (18% of total 2010 CDBG funds granted) in accordance with the terms of the Grant, Exhibit A, Exhibit B (administration budget submission) and applicable law, plus an additional 2% of project dollars for soft costs ($2,510.00) as allowed by MSHDA policy bulletin #21, plus an additional 10% of those leverage funds that NMCAA brings to a project that it does not already receive administrative fees for.  This 10% incentive fee was recently approved by MSHDA in policy bulletin #21. This fee would come from project dollars and is estimated to be approximately $3,300 based on leverage funds brought obtained during the 2008 grant period. On a project over $10,000 where the amount of matching funds is equal to or greater than the grant dollars, the administrator will receive a $1,000 fee to come out of project dollars, per the above policy bulletin. 

Concerning Program Income.  MSHDA policy stipulates that Program Income funds must be spent when accumulated, uncommitted funds exceed $5,000.00.   MSHDA allows an amount equal to 20% of project dollars drawn and spent on projects to be used for administration expenses.  It is understood that if it becomes necessary during the contract term for NMCAA to spend Program Income funds on rehabilitation projects, (when Program Income funds accumulated and uncommitted exceed $5,000.00, in accordance with MSHDA policy) that an amount equal to 18% of project dollars drawn will be paid to NMCAA, and an amount equal to 2% of project dollars drawn will be retained by the COUNTY, (combined total of 20% of project dollars drawn as allowable by MSHDA guidelines).

It is understood that any claims for administration fees as provided for herein shall be submitted by NMCAA to the COUNTY in accordance with and subject to, the provisions of Paragraph F.

C.        TERM OF AGREEMENT

            (1)        Term – This Agreement shall continue in force for a term of thirty months (30), beginning onJuly 1, 2010 and ending onDecember 31, 2012, or the same as the terms of the grant between MSHDA and the County, unless otherwise terminated as provided for herein.         

(2)        Termination With Notice – The parties acknowledge that the COUNTY may terminate this Agreement, at any time without cause, upon providing thirty (30) days written notice to NMCAA.

            (3)        Termination Without Notice – The parties acknowledges that this Agreement shall automatically terminate, without notice of any kind, and be of no force or effect, upon the happening of any of the following events:

            (a)        If NMCAA violates any term, condition or requirement of the Grant, this Agreement, or applicable law.

            (b)        If a competent governmental entity with jurisdiction terminates the Grant.

            (c)        If NMCAA is not approved by the State ofMichiganas a third-party authorized to administer the Grant.

            (d)        If Grant funds are exhausted.

D.        OFFICERS AND EMPLOYEES – All officers and employees of NMCAA are recognized as officers and employees of NMCAA, and not the COUNTY.  It is understood and agreed by the parties that COUNTY shall have no obligation to compensate, in any manner, officers or employees of NMCAA or to otherwise provide benefits to the same.  Instead, any salaries, wages, expenses or benefits of NMCAA’s officers and employees shall remain the sole obligation of NMCAA 

E.         INSURANCE AND INDEMNIFICATION

            (1)        NMCAA shall carry comprehensive general liability insurance on an occurrence basis which shall insure NMCAA; such insurance at all times to be in an amount of not less than one Million Dollars ($1,000,000) for bodily injury per occurrence, and Two Hundred Fifty Thousand Dollars ($250,000) for property damage per occurrence.

            (2)        NMCAA agrees to hold and save the COUNTY, its officers, employees and agents free and harmless from any and all claims, demands, liabilities, loss, costs or expenses in connection with the performance by NMCAA of its obligations hereunder including, without limitation, all injuries to persons or property when NMCAA is carrying out or attempting to carry out its obligations hereunder or acting under the direction, express or implied, of the COUNTY, or by reason of NMCAA’s failure or refusal to comply or abide by any rule, order, determination, ordinance or law of any federal, state or municipal authority.

            (3)        NMCAA agrees to hold and save the COUNTY, its officers, employees and agents free and harmless from any and all claims, demands, liabilities, loss, costs or expenses arising out of an assertion by NMCAA’s agents or employees that they are agents or employees of COUNTY.

F.         FINANCIAL ADMINISTRATION

            (1)        Depository – COUNTY shall receive, hold and maintain all Grant funds to the extent, and in the manner, permitted by law.  All Grant funds shall be deposited in the Chemical Bank ofLake City,Michigan and shall remain under control of the COUNTY except as expressly provided for in this Agreement.

            (2)        Release of Funds – NMCAA will submit a “Request for Funds Report” monthly or on an as needed basis.  The report will state the cash needs for the next 45 days to sustain Grant activity.  The COUNTY will review and approve the request and release the funds to NMCAA within two weeks of the request.

            (3)        Expenditures – NMCAA will prepare vouchers for payment of Grant expenditures.  All vouchers will be subject to NMCAA supervisory approval before payment and will be maintained in NMCAA files for audit and review purposes.

            NMCAA will prepare and submit a monthly financial statement to the COUNTY.  The statement will reflect current month activity as well as cumulative Grant activity for all accounts associated with the Grant. 

            (4)        Records – NMCAA shall maintain and retain all financial records in accordance with the terms, conditions and requirements of the Grant, Exhibit A, Exhibit B, and applicable law.

            (5)        No COUNTY Obligation – The parties acknowledge and agree that the COUNTY shall not be required to expend any of its funds, except for the Grant funds identified herein, as a result of any provision contained in this Agreement.

G.        MISCELLANEOUS PROVISIONS

            (1)        Notice - All notices permitted or required hereunder shall be in writing and either mailed or personally delivered to the address above stated.  If by mail, notice shall be deposited in theUnited States mail, postage prepaid, registered or certified mail, return receipt requested, and addressed to the party to whom notice is directed.  If by personal delivery, notice shall be personally delivered to the party to whom notice is directed. 

            (2)        Severability – The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of remaining provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted.

            (3)        Waiver – No term, condition, covenant or provision contained in thisAgreement may be waived except in a writing signed by the waiving party.  No oral statements, course of conduct or course of dealing shall be deemed a waiver.  No waiver by any party hereto of any violation or breach of this Agreement shall be deemed or construed to constitute a waiver of any other violation or breach, or as a continuing waiver of any violation or breach.

            (4)        Applicable Law – This Agreement shall be interpreted, construed and governed according to the laws of theUnited States of America and State ofMichigan.

            (5)        Captions – The captions or headings to the various paragraphs contained in this Agreement are for convenience only and shall to no extent affect the meaning, scope or interpretation hereof.

            (6)        Counterparts – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one instrument.

            (7)        Merger and Modification – This constitutes the entire Agreement between the parties with respect to the subject matter hereof and any prior discussions or negotiations.

            (8)        Assignment – This Agreement may not be assigned, in whole or in part.

IN WITNESS WHEREOF,     the parties hereto have executed this Agreement as of the day and year first above written.

MISSAUKEECOUNTY,

AMichiganmunicipal corporation 

By:       ____________________________    Date:  ________________, 2010     Signature

____________________________

            Title

NORTHWEST MICHIGAN HUMAN SERVICES AGENCY,         

AMichigannon-profit community action agency

 

By:       ____________________________    Date:  ________________, 2010     Signature

             ____________________________
              Title

NORTHWEST MICHIGAN COMMUNITY ACTION AGENCY, INC.
ADMINISTRATION BUDGET FOR

2010MISSAUKEECOUNTYCDBG PROGRAM
7/1/201012/31/12 (or the term of the current grant)

GRANT INCOME:                                                            $150,000.00

Administration Income:                          18% Admin.      $  27,000.00

                                                                   2% Soft Costs   $    2,510.00

                                    10% Leverage Incentive                $    3,300.00

                                                            Total                        $  32,810.00

 

Construction Costs                                                              $117,190.00

Administration Expenses:

             Salaries                                                             $  17,788.00

            Payroll Taxes                                                           1,316.00

            Fringe Benefits                                                        2,747.00

            Professional Services                                                  575.00

            Contract Services                                                     2,511.00

            Advertising                                                                 500.00

            Employee Mileage                                                   2,255.00

            Employee Travel                                                        255.00

            Cellular Telephone                                                      180.00

            Utilities                                                                       310.00

            Building Maintenance                                                365.00

            Supplies/Activities                                                   1,400.00

            Client Appraisals                                                         675.00

            Equipment Lease                                                          25.00

            Depreciation                                                                 -0-

             Use Allowance                                                           120.00

            Insurance                                                                   760.00

            Telephone                                                                  170.00

             Internet Access                                                          68.00

            Postage                                                                      550.00

            Accounting Supplies                                                  240.00

                     Total Administration Expenses                 $32,810.00

 Program Expenses:

 

            Labor/Materials                                                 $117,190.00

 Total Expenses:                                                             $150,000.00

 Resolution 2010-04
APPLICATION FOR FUNDING THROUGH
THE 2010 MICHIGAN COMMUNITY DEVELOPMENT BLOCK GRANT
CBDG HOUSING PROGRAM

WHEREAS, The County of Missaukee is interested in the continuing effort to upgrade housing conditions for its low and very low income home owners;

AND WHEREAS, the Missaukee County Board of Commissioners accepts the recommendations of the Missaukee Housing Committee to apply for $150,000 for the next two years;

AND WHEREAS, the Missaukee County Board of Commissioners authorizes the Chairman of the Board of Commissioner and theCountyClerk to be the authorized signatories for the CDBG program;

AND WHEREAS, theCountyBoard of Commissioners reaffirms the Resolution ofFebruary 15, 2006 regarding Fair Housing;

THEREFORE BE IT RESOLVED, that the Missaukee County Board of Commissioners will continue to contract with Northwest Michigan Community Action Agency, Inc., a non-profit community action agency, to administer the CDBG grant and authorizes them to prepare the application form for funding through the Michigan State Housing Development Authority CDBG Program on its behalf.

Yeas:

Nays:

CARRIED

_____________________________               _____________________________
Susan Rogers, Chairman                                               Carolyn Flore, Clerk

I, the undersigned duly qualified and acting Clerk of the County of Missaukee, Michigan do hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting held on April 13th, 2010, the original of which is on file in my office, Public Notice of said meeting was given pursuant to and in compliance with Act #267, Public Acts of Michigan, 1976, as amended.  IN WITNESS WHEREOF, I have hereto affixed my official signature this 13th day of April, 2010.

_______________________________
Carolyn Flore,CountyClerk

 

Ross Childs and Chuck Korn from Grand Traverse County Department of Public Works reviewed the amendments of PA 381 of 2004 in relationship to holding tanks and sewage.  Received for information.

Motion by Hughston, supported by Zuiderveen to pass the following resolution:

Resolution in Protest
Of Michigan Meat out Day
2010-05

WHEREAS, Governor Jennifer Granholm has proclaimed March 20th, 2010 as “Michigan Meat out Day”,

AND WHEREAS, in that proclamation she implies that eating meat is not healthy, increases the risk of heart disease, strokes, cancer, diabetes and other chronic diseases,

AND WHEREAS, she also states that the consumption of meat exposes people to infectious pathogens such as salmonella, E. coli and campylobacter and could lead to death,

AND WHEREAS, March 20th, 2010 is National Ag Day – a day celebrating agriculture thru out our nation and extolling the virtues of farm fresh produce, eggs, meat and dairy,

AND WHEREAS,MissaukeeCounty, has long been an advocate for the farmer, dairy industry, herdsman, Christmas tree industry and the freedom of hunters to procure game for their family,

AND WHEREAS, the Missaukee County Board of Commissioners endorses those Missaukee industries and embraces their practices,

THEREFORE, THE MISSAUKEE COUNTY BOARD OF COMMISSIONERS, would like to proclaim that this is the age of enlightenment and that home grown meat products are what make this county strong and that the accompanying local vegetables, milk, fruit and legumes are what round out our balanced diet, that everyone has the freedom of choice and that declarations favoring one group over another in a time of financial crisis in our State would be better left on said – and that we furthermore nurture a respect for all agricultural industry and make our State strong again!

Carried

Update onVeteransMemorial Parkfrom Clerk Flore in regards to plans for the future.

Alan Kostrzewa, Heritage Energy Representative, gave the board an update on the windmills.  Have put in 9 windmills since Oct 2009 and will be putting up 10 more in 2010 inRichlandTownship.

Sherry Blaszak reviewed the Draft Soil Erosion and Sedimentation Control Ordinance and asked the board to consider enacting it. The board agreed to put the public hearing on the next board meeting.

Motion by Zuiderveen, supported by Bridson to approve the Communities Challenge Resolution

Michigan Green Communities Challenge Resolution

2010-06

WHEREAS,

  • The Missaukee County Board of Commissioners wants to emphasize the benefits of energy efficiency and conservation;
  • The Missaukee County Board of Commissioners wants to demonstrate that energy efficiency and conservation practices can be applied to the daily governmental operations and to infrastructure projects;
  • The Missaukee County Board of Commissioners seeks to find methods of service delivery and operations that conserve energy and resources, saving taxpayer dollars and protecting the environment;
  • The Missaukee County Board of Commissioners recognizes that sound energy efficiency and conservation practices can reduce government costs over the long-term;
  • The Missaukee County Board of Commissioners will lead by example to show the practicality and effectiveness of these practices; and
  • The Missaukee County Board of Commissioners seeks to encourage its citizens and businesses to initiate stewardship activities that benefit the environment and their community;

 

ACCORDINGLY IT IS RESOLVED THAT THE Missaukee County Board of Commissioners accepts the Michigan Green Communities Challenge and pledges to work toward achieving the goals of the Basic Challenge over the next three years.

Adopted by the CountyBoardof Commissioners this 13th day of April, 2010.

Carried.  (Robinson deferred)

Personnel Committee

Motion by Bridson, supported by Renner to reappoint Don Shaarda and Bruce Miller to the Planning Commission for a term effective04-01-10to03-31-13.  Carried

Motion by Bridson, supported by Vivian to amend the Personnel Policy as presented.   Effective April, 2010.  Carried.

Building and Grounds Claims & Accounts Committee

Move by Zuiderveen, supported by Bridson to pay Claims and Accounts and Own Accounts as presented.  Carried.

Monthly Commissioners report:  Zuiderveen went to Housing Meeting and gave a report.

Public Comment

Hughston requested interest in having a tax workshop.

Natalie Davis, Park Commissioner expressed her disappointment in the county board turning down the Park Commission’s request for a fee increase.  It will slow down the parks projects which will slow down any reimbursement to the General Fund from Park revenues.

Meeting adjourned until May 11th, 2010 at10:00 AM or Call of the Chair.

 

_____________________________                ____________________
Susan Rogers, Chairman                                               Carolyn Flore, Clerk