Minutes

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Missaukee County Board of Commissioners
Commissioners Room, Lake City, Michigan
Regular Board Meeting
May 11th, 2010 at 10:00 AM

Roll Call:  All present except Comm Robinson.

Prayer given by Comm. Zuiderveen and Pledge of Allegiance.

Minutes read of April 13th, 2010 and approved.

Motion by Vivian, supported by Bridson to approve Agenda with the addition of a resolution on Magistrate.  Carried

Public Comment:

Susan Vick, State Representative Candidate, introduced herself and gave out information.

Sheriff Bosscher gave his monthly report and updated the board on the Lake City Officer position. 

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

Comm Robinson now present.

Motion by Vivian, supported by Zuiderveen to approve the appointment of Carol Palmer as Magistrate for the 84th District Court upon the recommendation of the District-Family Court Judge Charles Parsons and upon the approval of the State Court Administrators Office.  Carried.

Barbara Hancock, County Treasurer, gave her Land Sale Proceeds annual report.

David Stroud, MSUE Director, gave the board an update on what is happening with the State and MSU and what some possible reductions will be.

Don Halvorsen, NMSAS representative, gave their annual report.

Linda VanGils, District Health #10 Director, gave their annual report, talked about the new Clean Air Act and how they will be monitoring it, updated the board on programs such as adult immunization and childhood booster shots.

Lt. Mike Hosh, Regional Emergency Management Director, gave the board an update on what emergency management has been doing, how it impactsMissaukeeCounty and the grant funding that is coming up.

Comm Robinson now absent.

Public Comment:  on USDA Grant of $7,000 towards a Patrol Car and $7,000 towards a Marine Patrol Pick-up.

No comment

Motion by Vivian, supported by Hughston to accept the grants and the $14,000 from USDA towards a patrol car and patrol pick-up.  5 Yea (Zuiderveen, Rogers, Vivian, Hughston, Bridson) 1 Nay (Renner) 1 Absent (Robinson).

Motion by Vivian, supported by Bridson to approve the following:

 Energy Note Resolution

2010-07

            At a regular meeting of the Board of Commissioners (the "Board") of the County of Missaukee, Michigan(the "County"), held on the 11th day of May, 2010.

PRESENT:       Rogers, Vivian, Renner, Hughston, Bridson, Zuiderveen

ABSENT:        Robinson

WHEREAS, the Board adopted a resolution onNovember 10, 2009(the "Note Resolution"), authorizing the issuance of its Energy Conservation Note, Series 2010 in the principal amount of not to exceed $500,000 (the “Notes") for the purpose of defraying part of the cost of acquiring energy conservation improvements to County facilities (the "Project"); and

WHEREAS, the Board has determined that it is in the best interest of the County to sell the Notes to Chemical Bank, resulting in the need to change some of the terms for the sale of the Notes; and

WHEREAS, the Board desires to amend the Note Resolution as hereinafter set forth.

            The following resolution was offered by Vivian and seconded Bridson:
            BE IT RESOLVED by the Board as follows:

1.                  The section of the Note Resolution titled Note Details is hereby amended to substitute the following section in place and stead of such section:

            NOTE DETAILS.  The Notes shall be designated "Energy Conservation Notes, Series 2010""; shall be dated the date of delivery; shall be fully registered; shall be in the form of a single note numbered R-1 in a denomination equal to the aggregate outstanding principal amount of the Notes, with an exhibit attached thereto that identifies the principal maturities and rates of interest on the Notes; shall bear interest payable on July 1, 2010, and semiannually thereafter on the first day of January and July in each year; and shall mature on January 1 in the years and in the principal amounts and bear interest as follows:

YEAR

 

PRINCIPAL MATURITY

 

INTEREST RATE

 

2011

$40,000

2.60%

2012

45,000

3.00%

2013

45,000

3.30%

2014

45,000

3.60%

2015

50,000

3.80%

2016

50,000

4.00%

2017

55,000

4.20%

2018

55,000

4.30%

2019

55,000

4.40%

2020

60,000

4.45%

The Notes shall be sold to Chemical Bank (the "Purchaser") pursuant a negotiated sale.  The Notes shall be delivered to the Purchaser in its own name or other name designated by it upon receipt of the purchase price for the Notes in an amount equal to Five Hundred Thousand and 00/100 Dollars ($500,000), which is the par value of the Notes.  The Board hereby determines that the sale of the Notes in a direct placement with the Purchaser will provide the County the lowest cost of borrowing money for the Project.

2.                  The section of the Note Resolution titled Prepayment of Principal is hereby amended to substitute the following section in place and stead of such section:

            PRIOR REDEMPTION.  The Notes maturing prior toJanuary 1, 2018, are not subject to optional redemption prior to maturity.  The Notes maturing on or after January 1, 2018, are subject to redemption prior to maturity at the option of the County in such order as the County may determine, in whole or in part, on any interest payment date on or after July 1, 2017, at par plus accrued interest to the date fixed for redemption.  Notice of redemption of the Notes shall be given not less than thirty days and not more than sixty days prior to the date fixed for redemption by mail to the registered owner at the registered address shown on the registration books of the Note registrar and paying agent for the Notes.

3.                  The section of the Note Resolution titled Execution, Authentication and Delivery of the Notes is hereby amended to substitute the following section in place and stead of such section:

            EXECUTION, AUTHENTICATION AND DELIVERY OF NOTES.  The Notes shall be executed in the name of the County by the signatures of the Chairperson of the Board and theCountyClerk and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the Notes.  After the Notes have been executed, they shall be delivered by theCountyTreasurer to the Purchaser upon receipt of the purchase price. 

4.                  The section of the Note Resolution titled Form of Notes is hereby amended to substitute the following form of Note in place and stead of the form of Note set forth in such section.

                 R-1                  UNITED STATES OFAMERICA
STATE OFMICHIGAN

 

COUNTYOFMISSAUKEE 

ENERGY CONSERVATION NOTE, SERIES 2010 

INTEREST RATE

 

MATURITY DATE

 

DATE OF ORIGINAL ISSUE

 

See Exhibit A

See Exhibit A

 

Registered Owner:        Chemical Bank
Principal Amount:         *****$500,000*****

            The County of Missaukee, State of Michigan (the "County"), acknowledges itself indebted to, and for value received hereby promises to pay to, the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the maturity dates and in the amounts set forth in Exhibit A attached hereto, the final payment to be made upon presentation and surrender of this Note at the office of the County Treasurer, the note registrar and paying agent, or at such successor note registrar and paying agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the note registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest at the rates per annum set forth on Exhibit A attached hereto on such Principal Amount until the County's obligation with respect to the payment of such Principal Amount is discharged.  Interest is payable on the first day of January and July in each year, commencing onJuly 1, 2010.  Principal and interest are payable in lawful money of theUnited States of America.

            This Note is issued by the County in the aggregate principal amount of Five Hundred Thousand Dollars ($500,000) issued under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 156, Public Acts of Michigan, 1851, as amended) and authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring energy conservation improvements to County facilities.

            The County has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on this Note as the same become due.  The principal of and interest on the Note are payable as a first budget obligation of the County from its general funds.  The ability of the County to raise such funds is subject to applicable statutory and constitutional limitations on the taxing power of the County.

            This Note shall be registered as to principal and interest, as provided in the Resolution, in the name of the owner upon the books of the County kept for that purpose by the Treasurer as note registrar and paying agent.  This Note may be transferred only by submitting the same, together with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing, to the note registrar and paying agent for registration in the name of the transferee on the registration books.  This Note may not be transferred less than twenty (20) days prior to an interest payment date.

            The note registrar and paying agent shall not be required to transfer or exchange this Note or any portion of this Note that has been selected for redemption.

            Notes maturing prior toJanuary 1, 2018, are not subject to optional redemption prior to maturity.  Notes maturing on and afterJanuary 1, 2018, are subject to redemption prior to maturity at the option of the County, in whole or in part, in such order as shall be determined by the County, on any interest payment date on and afterJuly 1, 2017.  Notes of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof.  If less than all of the Notes maturing in any year are to be redeemed, the Notes or portions of Notes to be redeemed shall be selected by lot.  The redemption price shall be the par value of the Note or portion of the Note called to be redeemed plus interest to the date fixed for redemption.

            Not less than thirty days’ notice of redemption shall be given to the holders of Notes called to be redeemed by mail to the registered holder at the registered address.  Notes or portions of notes called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the note registrar and paying agent to redeem the same.

            It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Note, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including this Note, does not exceed any constitutional or statutory limitation. 

            IN WITNESS WHEREOF, theCountyofMissaukee,Michigan, by its Board of Commissioners, has caused this Note to be executed in its name by signatures of its Chairperson of the Board of Commissioners andCountyClerkand its seal (or a facsimile thereof) to be impressed or imprinted hereon. 

                                                                    COUNTYOFMISSAUKEE

 

 

                                                                        By: __________________________________
Chairperson, Board of Commissioners

 

(SEAL)

 

                                                                        And: _________________________________
CountyClerk

Dated:  _________, 2010

EXHIBIT A

 COUNTYOFMISSAUKEE

Energy Conservation Note, Series 2010 

Due January 1

Note R-1 

YEAR

PRINCIPAL AMOUNT

 

INTEREST RATE

2011

$40,000

2.60%

2012

45,000

3.00

2013

45,000

3.30

2014

45,000

3.60

2015

50,000

3.80

2016

50,000

4.00

2017

55,000

4.20

2018

55,000

4.30

2019

55,000

4.40

2020

60,000

4.45

 

 

 

 5.                  The following section is hereby added to the Note Resolution:

            QUALIFIED TAX-EXEMPT OBLIGATIONS.  The 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.

 

6.                  Except as amended herein, the Note Resolution is hereby ratified and confirmed. All other resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded.

YEAS:             Rogers, Vivian, Zuiderveen, Bridson

NAYS: Renner, Hughston

ABSENT:        Robinson

 

RESOLUTION DECLARED ADOPTED

STATE OFMICHIGAN           )ss
COUNTYOFMISSAUKEE      )

            I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners of the County of Missaukee, Michigan, at a regular meeting held on the 11th day of May, 2010, the original of which resolution is on file in my office.  I further certify that notice of said meeting was given in accordance with the provisions of the open meetings act.

            IN WITNESS WHEREOF, I have hereunto affixed my official signature this 11th  day of May, 2010.

                                                                        

______________________________
Carolyn Flore, Clerk
 CountyofMissaukee

Motion by Zuiderveen, supported by Bridson to approve Claims and Accounts and Own Accounts, Carried

Motion by Bridson, supported by Zuiderveen to approve the appointment of Carolyn Lantz to the Housing Committee to fill a vacant term expiring12-31-12.  Carried.

Public Hearing on Soil Erosion and Sedimentation Control Ordinance opened.

Public Comment: 

Don Sears, Citizen asked if this was something we must have and is it required.

Star Hughston, Commissioner wondered if the enforcement is a little aggressive and asked that it be worded differently

Richard Renner, Commissioner wanted to know if the sand pits fees need to be changed.

John Rozeveld, Citizen, asked why the board was enforcing this now since it has been around for a number of years and not been enforced much prior to this date.

Ken Westmaas, Citizen asked if his man made ponds fell under the ordinance and if he could build a building next to them.  Also wanted to not have more government rule such as enforcing this ordinance. 

Star Hughston, Commissioner – everyone used to know their neighbors but now we don’t know some of our neighbors and they may do things we don’t like and we can’t communicate to them our concerns.

Don Sears, citizen where does the money from the fees go.

Motion by Vivian, supported by Bridson to go into Closed Session for an Attorney recommendation on two AFSCME Union Grievances.  Roll Call Vote:  6 Yeas: (Bridson, Zuiderveen, Rogers, Vivian, Renner, Hughston)  1 Absent (Robinson)

Closed Session:

Motion to go out of Closed Session – 6 Yeas (Bridson, Rogers, Vivian, Renner, Zuiderveen, Hughston) 1 Absent (Robinson) Carried.

Comm Rogers now absent.

Public Hearing on Soil Ordinance Closed.

Motion by Vivian, supported by Bridson to approve the Soil Erosion and Sedimentation Ordinance to go into effect 30 days from today’s date.  Roll Call Vote: 5 Yeas (Bridson, Vivian, Hughston, Zuiderveen, Renner) 0 Nays 2 Absent (Robinson,Rogers).  Carried.

Public Comment:

Don Sears would like copies of the union contracts

Meeting adjourned untilJune 8, 2010at10:00 AMor Call of the Chair.

_____________________________          _______________________
Susan Rogers, Chairman                                               Carolyn Flore, Clerk