The Chippewa County Board of Commissioners met on Monday, November 9, 2009 at 7:07 p.m. in the Courtroom of the Chippewa County Courthouse immediately following the Public Hearing.

Present: Commissioners Ted Postula, Don Cooper, Jesse Knoll, Richard Timmer Don McLean, Jim Moore and Chairman Scott Shackleton

Also Present: Kathy Noel, E.D.C., Kathy Cairns, Frank Blissett, Julie Beck, Public Defender, Patti Crawford, Brian Bartlett, IT Dept., Scott Brand, Sharon Kennedy, Equalization Director, Debbie Sirk, John Willis, Bud Willis, Margie Hank, County Treasurer, Tim McKee, 9-1-1 Director, Jim German, Administrator, Dan Dashno, Cloverland Electric, and Diane Cork, County Clerk

A moment of silence was held for Brandon Keith Steffey who lost his life during combat operations in Afghanistan.

Additions/Deletions to Agenda:

It was moved by Commissioner McLean, supported by Commissioner Timmer, to add to the agenda the consideration of a letter of support to the E.D.C. regarding consensual air service carrier. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to add Resolution 09-30, 2010 Budget. On a voice vote, the motion carried.

It was moved by Commissioner Timmer, supported by Commissioner McLean, to accept the agenda as amended. On a voice vote, the motion carried unanimously.

Correspondence:

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to acknowledge the correspondence received in the Clerk’s Office and if necessary, forward to the appropriate committee. On a voice vote, the motion carried unanimously.

County Board Minutes:

It was moved by Commissioner Timmer, supported by Commissioner McLean, to approve the County Board minutes of October 12, 2009, Special meeting of October 13, 2009, and Workshop minutes of October 13 and 21, 2009 as presented. On a voice vote, the motion carried unanimously.

Public Comments:

Capt. Mark Huebschman, Capt. Of the Port, US Coast Guard, introduced himself to the Commission and noted some local activities the Coast Guard has participated in. Capt. Huebschman also spoke on the 2009 DHS Port Security Grant Program enabling the County to receive a 25 foot Safeboat Patrol Board from a grant award of $246,985.

Dan Dashno, General Manager of Cloverland Electric, informed the Board that Cloverland is in the process of purchasing Edison Sault Electric Company.

Old Business:

Nominees for various Boards/Committees/Authority’s/Agencies

It was moved by Commissioner Moore, supported by Commissioner Timmer, to accept the nominees as follows:

Chippewa County Building Authority

Term 1/1/10 – 12/31/10, 3 appointments

Marjorie Hank Ronald L. Meister

Building Code of Appeals

1/1/10 – 12/31/10, 3 appointments

Kathy Cairns

Historical District

Immediate – 7/31/10, 1 appointment

Norma Castro

EUP Regional Planning Commission

Township level appointment

Transportation Authority

Term 1//10 – 12/31/12, 1 appointment

Jesse Knoll, Bernie LaJoie, Frank J. Sasso

War Memorial Hospital, Inc.

Term 1/1/10 – 12/31/13, 1 appointment

Ronald Calery, Thomas W. Ellis, Jeanne M. McCulligh, William H. Thorne

On a voice vote, the motion carried unanimously.

E.D.C. Letter of Support:

Discussion was held on air service bids for the Chippewa County International Airport.

Kathy Noel, Airport Manager, noted that the USDOT has re-solicited proposals and the deadline is November 18, 2009. Ms. Noel stated that once the USDOT gets the proposals, they will summarize it and then inform the community with details about what is being proposed and who has responded. At that point in time, she stated, that it would behoove the community to make recommendations as to the carrier that they think will provide the most credible level of service to the community.

It was moved by Commissioner Timmer, supported by Commissioner McLean, to authorize the County Administrator to send a letter of support to the FAA if there is only one major carrier bid. On a voice vote, the motion carried unanimously.

Administrator’s Report – Jim German

It was noted that the video arraignment project had run into some problems with funding. It has been agreed to in principle with the MDOC that they would pay for ½ of the cost of $12,000 for the project.

Mr. German informed the County Board that the County prevailed in the Derek Myerscough appeal case.

Standing Committee Reports:

Personnel – James Moore – November 4, 2009

Administrator German presented a list of staffing changes at the Sheriff’s Department. This included Corporal Danette Rose being promoted to Sergeant effective November 15, 2009, Sergeant Chris Parker being reassigned to road patrol effective November 15, 2009, Jordan Perry from a part- time corrections officer to full- time effective November 15, 2009 and Audie Potter from part time to full time effective November 1, 2009.

It was moved by Commissioner Moore, supported by Commissioner Knoll, to approve the staffing changes as listed above. On a voice vote, the motion carried unanimously.

Sheriff Moran requested a level increase in pay for an individual who went from part-time pay to full-time and had to take a pay cut for doing the same job. Administrator German said he was working on correcting the problem for future cases.

It was moved by Commissioner Moore, supported by Commissioner Postula, to allow the individual to maintain their same rate of pay. On a voice vote, the motion carried unanimously.

Administrator German requested a revision in the part-time pay structure for new employees. The proposal would start new part-time employees at $10.00 per hour and allow for a two dollar an hour increase after requirements were met. The current structure is $12.63 to $15.01 per hour based on hours worked.

It was moved by Commissioner Moore, supported by Commissioner Knoll, to start new part-time employees at the Sheriff’s Department at $10.00 per hour and allow for a two dollar an hour increase after requirements are met. In addition, part-time employees pay should not exceed the full-time entry level pay of the position they are in. On a voice vote, the motion carried unanimously.

Having completed the report, it was moved by Commissioner Moore, supported by Commissioner Timmer, to accept the report as given. On a voice vote, the motion carried unanimously.

Equalization & Apportionment – Jim Moore – No meeting

Health & Social Services – Ted Postula – No meeting

Building, Grounds & Jail – Don McLean – No meeting

Transportation – Ted Postula – No meeting

Legislative & Natural Resources – Richard Timmer – October 29, 2009

The Committee discussed clarification of the County Boards Bylaws and Rules of Procedure regarding when members are missing from Committee and the regular full board meetings. Discussion covered Section 4.1.2.7, 4.5.2 and adding 4.5.2.1.1; directing whom would be appointed in the absence of the committee chairs.

Current language Section 4.1.2.7

Upon election, subject to the disapproval of a two-thirds (b) majority of all members of the Board the Chairperson shall proceed to appoint all standing and special committees, and shall designate the Chairperson of each standing committee. Unless a Board member voices an objection to the Chairperson’s appointments, approval will be presumed. The Chairperson may designate Chairperson of special committees or leave that determination to the individually appointed special committees.

Proposed Change Section 4.1.2.7

Upon election, subject to the disapproval of a two-thirds (b) majority of all members of the Board the Chairperson shall proceed to appoint all standing and special committees, and shall designate the Chairperson of each standing committee, and shall also designate a Vice-Chairperson to the Finance Committee. Unless a Board member voices and objection to the Chairperson’s appointments, approval will be presumed. The Chairperson may designate Chairperson of special committees or leave that determination to the individually appointed special committees.

Current language Section 4.5.2

Meetings of Standing Committees: Meeting of standing Committees may be convened by its Chairperson at any time upon reasonable written or telephonic notice to its members and to the Chairperson of the Board of Commissioners

Proposed language Section 4.5.2

Meetings of Standing Committees: Meetings of standing committees may be convened by its Chairperson at any time upon reasonable written or telephonic notice to its members and to the Chairperson of the Board of Commissioners. In the absence of the Chairperson, the Vice-Chairperson (if appointed) will conduct the meeting; in the absence of an appointed Vice-Chairperson, the most senior member of the Commission will conduct the meeting.

Proposed language Section 4.5.2.i

In the absence of a quorum at the Finance Committee meeting, first the Chairman of the Board, if not a member of the Committee and then the other ex-officio Commissioner will be appointed to the Committee with voting rights.

It was moved by Commissioner Timmer, supported by Commissioner McLean, that the above proposed language changes be approved. On a voice vote, the motion carried unanimously.

The Committee received criminal history background check policies for both existing employees and for future hires of the Prosecuting Attorney’s Office and the Friend of the Court Office. These policies implement a Michigan contractual mandate for criminal history background checks for those who are funded in whole or in part by the Cooperative Reimbursement Program contract (CPR).

It was moved by Commissioner Moore, supported by Commissioner McLean, to recognize the policies as presented and that the County understands the requirements of the CRP contracts for both the Prosecuting Attorney and the Friend of the Court offices. On a voice vote, the motion carried unanimously.

Huron County sought consideration of a resolution 09-164 dated September 22, 2009 regarding Huron County intending to explore every legal means of withholding, dollar for dollar, any payment due to the State of Michigan.

It was moved by Commissioner Timmer, supported by Commissioner McLean, to send a letter of support. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the following proclamation:

PROCLAMATION 09-22

SPECIAL TRIBUTE HONORING

SPECIALIST BRANDON K. STEFFEY

WHEREAS, the County of Chippewa and its residents remember Specialist Brandon K. Steffey who was born in Sault Ste. Marie on October 6, 1986, and graduated from Brimley High School in 2005; after attending Sault Ste. Marie High School until his last semester, whose life was cut short on October 25, 2009 during combat operations in Afghanistan; and

WHEREAS, Specialist Brandon K. Steffey was deployed on his second tour along with his K-9 partner Maci; in support of the War on Terror by serving in Operation Enduring Freedom and with the 178th Military Police Detachment, 89th Military Police Brigade, III Corps, Fort Hood, Texas; and

WHERAS, during combat operations in Afghanistan, Specialist Brand K. Steffey was critically wounded when enemy forces attacked his vehicle and for this we acknowledge the need to remain a united nation of strength, endurance and determination; and

WHERAS, the County of Chippewa and its residents share in honoring and remembering Specialist Brandon K. Steffey, and wish to express their gratitude for his service and sacrifice to the United States of America; and

WHEREAS, it is with great pride that we recognize Specialist Brandon K. Steffey as a true American hero who has touched the hearts of his fellow soldiers and community and is an inspiration of perseverance, fidelity, and valor and

NOW, THEREFORE BE IT RESOLVED that Specialist Brandon K. Steffey served his country and gave the ultimate sacrifice; the Chippewa County Board of Commissioners and citizens of Chippewa County wish to offer our deepest respect, gratitude, and sympathy to the family of Specialist Brandon K. Steffey.

On a voice vote, the motion carried unanimously.

Having no further action items, it was moved by Commissioner Timmer, supported by Commissioner McLean, to accept the report as given. On a voice vote, the motion carried unanimously.

Computer – Jesse Knoll – October 29, 2009

The Committee discussed the need to provide internet access for citizens and emergency services in Chippewa County. Discussion included a proposed RFP to solicit bids from a business or person to develop a plan, identify funding sources, write and submit a grant application to provide Internet access to all areas of Chippewa County. The RFP needs to include qualifications and previous grant awards, if any, from the bidders.

It was moved by Commissioner Knoll, supported by Commissioner Timmer, to approve the RFP with changes to include qualifications and previous grant awards from the bidders. Discussion followed on the need and what it might cost.

On a voice vote, the motion carried with Commissioner Cooper voting no.

The Committee discussed the requested education and training request from Information Systems personnel to attend certification classes through New Horizons Computer Learning Centers for approximately five weeks at a cost of approximately $9,000. This training is related to the installation of the Windows 2008 Server.

It was moved by Commissioner Knoll, supported by Commissioner Cooper, to deny the training request for FY2010. Discussion followed on the available funds and the need for the training.

On a voice vote, the motion failed with Commissioners Knoll and Cooper voting yes and Commissioners Postula, Timmer, McLean, Moore and Shackleton voting no.

Having completed his report, it was moved by Commissioner Knoll, supported by Commissioner Cooper, to accept the report as presented. On a voice vote, the motion carried unanimously.

Finance, Claims & Accounts – Don Cooper – November 5, 2009

Copier bids were presented. Administrator German recommended the bid from Sault Printing noting that the County had received excellent service from them in the past and the bids were very close.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the bid from Sault Printing for new copiers for the Administrator’s Office and 911 in the amount of $11,222.00. Discussion was held on bid specifications.

On a voice vote, the motion carried with Commissioner Timmer and Knoll voting no.

The Probate Childcare budget was presented.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to approve the Probate Childcare Fund annual budget. On a voice vote, the motion carried unanimously.

The Committee discussed an updated Jury Reimbursement Policy that was forwarded from the Legislative and Natural Resources Committee. The policy would increase lunch reimbursement to $7.25 and dinner to $15.00.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the updated Jury Reimbursement Policy #407. On a voice vote, the motion carried unanimously.

Administrator German noted that the County had been awarded a Port Authority Grant for a new safe boat for the Sheriff’s Department in the amount of $246,985.00.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to purchase a new safe boat for the Sheriff’s Department which would be reimbursed from grant money in the amount of $246,985.00. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to recommend the approval of general fund claims totaling $161,261.68; other fund claims of $441,444.61; payroll of $431,023.62; and health department claims of $615,673.71 for total claims of $1,649,403.62; vouchers 4677 through 4784 and J-1 through J-200. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the following budget adjustments:

Revenue Original Amended Change
101-000-676-265 Flood Reimbursement 50,000 63,000 13,000
       
Expenditure      
101-265-937-000 Flood Reimbursement 15,000 28,000 13,000
230-000-956-000 County Recycling 420,000 540,000 120,000

On a voice vote, the motion carried unanimously.

Having no further action items, it was moved by Commissioner Cooper, supported by Commissioner Timmer, to accept the report as presented. On a voice vote, the motion carried unanimously.

New Business:

Resolutions:

It was moved by Commissioner Moore, supported by Commissioner McLean, to approve Resolution 09-23 as follows:

Support of the Back Forty Joint Venture

(HudBay Minerals/Aquila Resources)

WHERAS, the County of Chippewa supports industry and workforce development efforts that significantly impact local employers and the economic growth of our region, and therefore supports the mining industry and operations in the Upper Peninsula; and

WHEREAS, the County of Chippewa acknowledge that primary regulatory responsibility for mining is with the State of Michigan, the Michigan Department of Environmental Quality is responsible for evaluating information to determine if permits should be issued that would allow mining operation: and

WHERAS, the County of Chippewa acknowledge that Michigan Department of Environmental Quality’s rule-making process has produced rules that have been cited as among the best in the country for protecting the environment while allowing mining;

THEREFORE BE IT RESOLVED, if and when The Back Forty Joint Venture meets federal and state requirements to properly protect the environment, natural resources, and public health, the Chippewa County Board of Commissioners pledges its support of the project and encourages similar support from local, state and federal elected officials and leaders fro this mining industry project which will enhance the continued economic growth of our region.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The Resolution was declared ADOPTED.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to adopt Resolution 09-24 as follows:

Support the Adoption of Legislation requiring the State of Michigan and the State of Wisconsin to allow transfer of Fire Fighter Training Credentials

WHEREAS, the State of Michigan and Wisconsin are in Financial Distress:

and WHEREAS, the States are reducing Fire Fighter Training funds but keep increasing and mandating training; and

WHEREAS, the bordering states allow emergency mutual aid, but do not allow recognition of Fire Fighter Training Credentials; and

WHEREAS, the contiguous states could transfer Fire Fighter Credentials and by having reciprocity, that Stated would save monies by not mandating that trained Fire Fighters in one state have to be retrained in the other state once they transfer Fire Departments;

THEREFORE BE IT RESOLVED that the Chippewa County Board of Commissioners hereby strongly recommends that state legislation be adopted requiring that the State of Michigan and the state of Wisconsin allow Transfer of Fire Fighter Training Credentials; and

BE IT FURTHER RESOLVED that copies of this resolution are forwarded to Governor Jennifer Granholm, U.P Legislators and U.P. County Boards.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The Resolution was declared ADOPTED.

It was moved by Commissioner Knoll, supported by Commissioner McLean, to approve Resolution 09-25 as follows:

TO OPPOSE THE MiWATER BALLOT INITIATIVE

WHEREAS, the Upper Peninsula of Michigan faces a serious threat to the stability and future of the region’s economy from the very prospect of the MiWater Ballot Initiative, and which if passed, would result in effectively prohibiting the citizens from realizing the benefits of a vital mineral production industrial sector; and

WHEREAS, proponents of the ballot initiative reside in and are waging the initiative from wealthy Grosse Pointe, Michigan and other southeast Michigan communities- some 400 miles from the heart of the Upper Peninsula and distinctly removed from the daily issues of concern to residents and communities of the Upper Peninsula, cause the elected leaders of the Upper Peninsula Association of County Commissioners and the Chippewa County Board of Commissioners and the organization itself, to question the capacity of proponents to know the best interest of the Upper Peninsula, our citizens, families and communities; and

WHEREAS, the proposed MiWater Ballot Initiatives is written effectively such that its result would be to impact only the natural resource industry and specific economic interests if the Upper Peninsula including job creation, taxable investment, philanthropic support, education and workforce enhancements among them, and would not have effective application to any other of the state’s regions; and

WHEREAS, Grosse Pointe, the base of the proponents of the ballot initiative, was built on the back of Michigan’s automobile industry, which historically could not and cannot today exist or prosper without the reliable supply of minerals produced from mining; and

WHEREAS, Grosse Pointe was the home of automobile industry father Henry T. Ford, who invested in the acquisition of hundreds of thousands of acres of mineral rights and forest land in the Upper Peninsula to supply the necessary raw materials for the automobile industry, and where Grosse Point remains today the home of Henry Ford’s heirs; and

THEREFORE BE IT RESOLVED that the Chippewa County Board of Commissioners recognizes the serious threat posed by the MiWater Ballot Initiative to the region’s economic well-being; and the threat the MiWater Ballot Initiative poses to the fairness of the Upper Peninsula to determine its own course, and to utilize its unique assets for competitive advantage; that proponents of the MiWater Ballot Initiative do not share in common the economic; social and everyday priorities of the Upper Peninsula, and that modern mining can and is providing society’s building blocks while operating in compliance with strict laws and regulations set forth by the State to protect our environment and

THEREFORE BE IT FURTHER RESOLVED that the Chippewa County Board of Commissioners strongly oppose the prospect and/or passage of the MiWater Ballot Iniative.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

Resolution declared ADOPTED.

It was moved by Commissioner Timmer, supported by Commissioner McLean to adopt Resolution 09-26 as follows:

Support of merit Curriculum Adjustments to Support Career and Technical Education

WHEREAS, manufacturing, while in decline in certain area of Michigan and the United States, is still a critical base industry that provides high quality jobs with comparatively high levels of compensation; and

WHEREAS, the Upper Peninsula economy is shifting with manufactures adopting modern manufacturing techniques to maintain their competitiveness in a global economy; and

WHEREAS, skilled workers are now and will continue to be in demand by manufacturers to support business growth and attrition of the workforce through retirement; and

WHEREAS, the secondary education system has traditionally played a significant role in workforce preparation of youth and young adults to prepare for employment and further education to acquire needed skills for employment; and

WHEREAS, the new Michigan Merit curriculum has presented new challenges for education providers and students, which has created fewer opportunities for career and technical education within secondary education;

THEREFORE BE IT RESOLVED that the Chippewa County Board of Commissioners supports the Upper Peninsula Regional Industrial Manufacturing Skills Alliance in their efforts to support legislation and rule changes that will modify and enhance the Michigan Merit curriculum in a way that better provides opportunities for education to provide, and students to access secondary career and students to access secondary career and technical education; and

BE IT FURTHER RESOLVED that copies of this resolution will be forwarded to the Upper Peninsula Regional Industrial Manufacturing Skills Alliance (UPRIMSA), and that the UPRIMSA may then advance this resolution to legislators and other stakeholders as needed in order to support their efforts to modify the Michigan merit curriculum.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The Resolution was declared ADOPTED.

It was moved by Commissioner Cooper, supported by Commissioner McLean, to adopt Resolution 09-27 as follows:

CHIPPEWA COUNTY BOARD OF COMMISSIONERS RESOLUTION TO APPORTION 2009 MILLAGES

WHEREAS, the County Board has reviewed all of the millages requested by the various taxing entities operating within the County, and has considered the allocated and extra voted millages to which each entity is entitled, and determined that the levy of the millage rates list on the FINAL 2009 MILLAGE REPORT presented to the board by the Equalization Director and made a part of the minutes, will be necessary for the sound management and operation of the taxing jurisdictions, and

WHEREAS, the County Equalization Director has informed the County Board that pursuant to MCL 211.34D, each requested millage on said report has been reduced, if necessary, in compliance with section 31 of article 9 of the state constitution of 1963, and

WHEREAS, the County Board of Commissioners did, at its October session, pursuant to said MCL 211.34d, approve a PRELIMINARY 2009 MILLAGE REPORT that included all of the authorized millages of the taxing entities operating in Chippewa County as of that date. As the electors of the County and Hulbert Township approved additional operating millages at the November 3, 2009 General Election, it is necessary to amend said 2009 MILLAGE REPORT.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. THE FINAL 2009 MILLAGE REPORT BE APPROVED AS PRESENTED.

2. THAT THE CLERK AND EQUALIZATION DIRECTOR ARE DIRECTED TO COMPLETE AND FILE A REVISED 2009 APPORTIONMENT REPORT WITH THE MICHIGAN DEPARTMENT OF TREASURY BASED ON THE MILLAGE AUTHORIZE HEREWITH.

3. THE MILALGES SO APPROVED SHALL BE SPREAD AGAINST THE APPROPRIATE TAXABLE VALUES IN THE VARIOUS TAXING UNITS WITHIN THE COUNTY TO PRODUCE THE 2009 TAX ROLLS AND THOSE RESPONSIBLE FOR THE SPREADING AND COLLECTING THOSE TAXES SHALL BE CHARGED WITH THE PROCESSING AND COLLECTING OF THOSE TAXES ACCORDING TO STATUTE.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The resolution was declared ADOPTED.

It was moved by Commissioner Moore, supported by Commissioner to adopt resolution 09-28, 2010 Borrowing Resolution (2009 Delinquent Taxes). This resolution is on file with the County Treasurer.

On a roll call vote:

YEAS: Commissioners Postula, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: Commissioner Cooper

The Resolution was declared ADOPTED.

It was moved by Commissioner Timmer, supported by Commissioner McLean to adopt resolution 09-29 as follows:

WHEREAS, the County of Chippewa (the “Local Unit”) has presented to the County Department of Public Works (the “DPW”) a request that the County through the DPW issue bonds in the approximate amount of not to exceed $8,500,000 payable from contractual payments to be made by the Local Unit to the County through the DPW and secured secondarily by a pledge of the County’s limited tax full faith and credit, said bonds to finance costs of necessary improvements to effect a full combined sewer overflow control program (the “Project”) to service the Local Unit; and

WHEREAS, the DPW has reviewed said request and the financial and engineering aspects of the Project and has determined the same to be within the scope of the authority of the County and the DPW, to be feasible if undertaken through said County agencies but not financially desirable if undertaken by the Local Unit alone, and to be necessary for the public health, safety and welfare specifically of the Local Unit and its inhabitants and generally of the County; and

WHEREAS, the DPW has recommended to this Board that the Project be given tentative approval and that the DPW be authorized to undertake initial steps toward the financing and construction of the Project, subject, however, to certain conditions;

NOW, THEREFORE, BE IT RESOLVED THAT:

1. This Board does hereby give its initial and tentative approval to the Project and does authorize the DPW to undertake the financing and construction of the Project, subject, however, to final approval of the Board upon submission to this Board of the documents evidencing agreement between the Local Unit and the DPW acting for and on behalf of the County for the acquisition, construction, financing and operation of the Project.

2. The DPW shall contract for the necessary engineering services to draw plans for the Project and shall enter into negotiations with the Local Unit for the execution of a contract covering the acquisition, construction and financing of the Project by the DPW for and on behalf of the County, with the Project to be leased to the Local Unit for operation after construction.

3. The DPW shall employ the following consultants in connection with the Project:

As bond counsel: Miller, Canfield, Paddock and Stone, P.L.C
  Detroit, Michigan
   
As engineers: C2AE
  Gaylord, Michigan
   
As underwriter: Robert W. Baird & Co., Inc.
  Traverse City, Michigan
   
As pricing advisor: Bendzinski & Co.
  Detroit, Michigan

4. The Local Unit shall undertake to provide by contract for the payment of all costs of retiring the necessary financing and shall further undertake to reimburse the DPW for all expenses incurred in connection with the Project, should the financing and construction of the Project not be completed for any reason whatsoever.

5. This Board hereby estimates the total cost of constructing the Project to be not more than $8,500,000, including all engineering fees, financing costs and contingencies, such estimate subject, however, to revision upon submission of final cast estimates or receipt of bids for the Project.

6. All agreements between the DPW and the Local Unit or other involved parties shall be subject to final approval and ratification by this Board.

7. The DPW is hereby authorized to notify the Michigan Department of Treasury of the County’s intent to issue the bonds described herein, to pay the related fee from funds to be received from the Local unit and to request an order providing an exception for the bonds from prior approval by the Department of Treasury.

8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The Resolution was declard ADOPTED.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to approve the FY2010 budget resolution as presented.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

NAYS: None

The Resolution was declared ADOPTED.

Commissioners Comments: None

Having completed the agenda, it was moved by Commissioner Timmer, supported by Commissioner McLean, to adjourn. On a voice vote, the motion carried unanimously and the meeting did adjourn at 8:35 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Scott Shackleton, Chairman .