February 22, 2006
The Roscommon County Board of Commissioner’s met on Wednesday, February 22, 2006 for a regular meeting. Chairman Mead called the meeting to order at 10:15 A.M.
Roll Call: Nellist, Mead, Smolarz, Milburn, Pacella.
The Pledge of Allegiance was recited.
Also Present: Sue
Fortune, East
R.C.J.D.C.; Bruce
Lorion, Fireman’s Memorial; Bill
Ancel;
Steve LeMire, Jail; Julie Peters,
1. Moved by Pacella, seconded by Milburn to approve the Agenda. On roll
call: Ayes: Nellist, Mead, Smolarz, Milburn, Pacella. Nays: None.
Motion carried.
Public Comment
Jeff Nester of the DDA informed the Commissioner’s that they
voted to hire an engineering firm to oversee bidding for moving the
Review of Monthly Reports: Sheriff’s Activity Report; Roscommon County Central Dispatch;
Correspondence
A. Marge Torongo
Re: Fitness of Courthouse Employees.
B. Crawford-Roscommon Conservation District.
Re: Conservation Expo.
C. Steve Sendak, DNR
Re: Lake St. Helen.
D. Bob McReavy
Re: Deer Population/Clear Cutting.
2. Moved by Smolarz, seconded by Nellist to approve Homeland Security
Grant Revenue in the amount of $18,564.00 and expenditures in the amount
of $18,564.00 to purchase equipment to Account 101-426, Emergency
Preparedness. This grant was approved in August, 2005. On roll call: Ayes:
Milburn, Smolarz, Mead, Nellist, Pacella. Nays: None. Motion carried.
3. Moved by Pacella, seconded by Milburn to approve increase of revenue for
create a new line item for expenditure in the amount of $7,500.00 for the
replacement of van. On roll call: Ayes: Smolarz, Mead, Nellist, Milburn,
Pacella. Nays: None. Motion carried.
4. Moved by Pacella, seconded by Milburn to approve adjustments in General
Fund as follows: Increase revenue in the amount of $26,064.00 and increase
expenditures in the amount of $26,064.00 as presented. On roll call: Ayes:
Mead, Nellist, Smolarz, Milburn, Pacella. Nays: None. Motion carried.
5. Moved by Nellist, seconded by Smolarz to approve Resolution to Authorize
Purchase of Lands, Property or Equipment and the Financing thereof by
installment Purchase Agreement as presented and authorize Larry D. Mead,
Chairman and Ann Bonk, Clerk to sign.
RESOLUTION TO
AUTHORIZE PURCHASE OF LANDS,
PROPERTY OR
EQUIPMENT AND THE FINANCING
WHEREAS, the
section llb of Act 156 of the Public Acts of Michigan of 1851, as amended
(“Act 156”), to purchase lands, property or equipment to be used for public
and county purposes, and to pay for such property in installments over the
lesser of a period of ten years or the useful life of such property; and
WHEREAS, the County proposes to purchase by construction a new Courts
and 911 Dispatch Facility comprising “lands, property or equipment” within
the meaning of Act 156 (the “Property”) from a contractor to be determined
by a competitive bid process (the “Vendor”); and
WHEREAS, the estimated cost of the Property is $6,123,250, excluding
site costs, contingency, architectural, engineering, legal and other cost; and
WHEREAS, it is in the best interests of the County to purchase the Property
and to obtain financing for the estimated cost in the amount of $6,123,250
(the “Financed Amount”); and
WHEREAS, the Financed Amount, when added to the currently outstanding
balance of all other installment purchases made of real and personal
property by the County pursuant to Section llb of Act 156, less permitted
exceptions, does not exceed one half of one percent (1/2%) of the 2005
State Equalized value of the real and personal property in the County.
NOW, THEREFORE, BE
IT HEREBY RESOLVED AS FOLLOWS:
1. The County Board fo Commissioners determines that it is necessary
and in the best interest of the County to purchase the Property by
construction and to utilize the Property for public and County
purposes. The purchase of the Property shall be subject to the
selection by the County of the Vendor pursuant to a competitive
bid process at a price acceptable to the County.
2. The County Board of Commissioners determines that it is necessary
and in the best interest of the County to finance the purchase of the
property pursuant to Act 156. The Financed Amount shall be
financed by an installment purchase agreement as provided in this
Resolution. It is acknowledged that the Financed Amount is subject
to revision based upon the successful bid of the Vendor and future
action by
this
3. The site cost, contingency, architectural, engineering and legal fees
and other costs related to the acquisition of the Property, but not
included in the $6,123,250 estimated cost of the Property set forth
above, is currently estimated to be $1,792,377. Of this amount, the
currently estimated sum of $706,869 shall be paid from 911 Dispatch
Facility funds on hand, the currently estimated sum of $200,000 shall
be funded by a contribution from the Roscommon Downtown
Development Authority in accordance with the terms of a tax
increment financing agreement by and between the County and the
Authority and the balance in the currently estimated amount of
$885,508 shall be funded from funds currently on hand in the County’s
100% Tax Payment Fund.
4. The useful life of the Property is hereby determined to exceed ten
(10) years.
5. An Installment Purchase Agreement by and between the County, a
financial institution to be determined, and the Vendor in the form
attached to this Resolution as Exhibit A (the “Installment Purchase
Agreement”) is hereby approved. The Chairperson of the County
Board of Commissioners and the
and directed to execute the Installment Purchase Agreement in
Substantially the form of Exhibit A with such necessary variations,
additions, omissions, corrections, and insertions as they deem
appropriated and/or required, for and on behalf of the County.
6. The Chairperson of the
execute and file all documents, instruments and certificates necessary
or required to effectuated the execution and delivery of the
Installment Purchase Agreement.
7. The obligation of the County to pay, in accordance with the terms
of the Installment Purchase Agreement, the principal installments
of the Financed Amount and interest thereon shall be a limited tax
general obligation of the County subject to applicable statutory and
constitutional limitations.
8. The County shall at all times have control of the Property and shall
maintain the same for public use and public purposes.
9. The County shall include in its annual general fund budget such
sum or sums as may be necessary to pay and satisfy all payments
when due under the Installment Purchase Agreement.
10. The Installment Purchase Agreement is hereby designated as a
“qualified tax-exempt obligation” for purposes of deduction of
interest expense by financial institutions under the provisions of
Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended, it being reasonably anticipated by the County that the
aggregate amount of qualified tax-exempt obligations which will
be issued by or on behalf of the County and all subordinate entities
to the County, including the Installment Purchase Agreement, shall
not exceed $10,000,000 during calendar year 2006.
11. The Installment Purchase Agreement shall be issued to the
financial institution selected by the County, by subsequent
action of this
of the Installment Purchase Agreement in a principal amount equal
to the Financed Amount and may not be subsequently traded, sold,
or transferred by such financial institution whether by participation
interests or otherwise in any principal amount of less than $100,000
other than through a primary offering under the federal securities
laws, including compliance to the extent applicable with SEC Rule
15c 2-12.
12 The County Equalization Director is hereby authorized and directed
to obtain bids for the financing of the Installment Purchase
Agreement in the Financed Amount over a ten year term from
eligible financial institutions and to report the results of the bids
so received, with a recommendation for action, to the
of Commissioners.
13 All resolutions and parts of resolutions in conflict herewith shall
be and the same are hereby rescinded.
On roll call: Ayes: Nellist, Mead, Smolarz, Pacella. Nays:
Milburn. Motion carried.
6. Moved by Mead, seconded by Nellist to accept Resolution to Approve
Tax Increment Revenue Agreement as presented and authorize Larry D.
Mead, Chairman and Ann Bonk, Clerk to sign. On roll call: Ayes: Nellist,
Mead, Smolarz, Pacella. Nays: Milburn. Motion carried.
7. Moved by Nellist, seconded by Smolarz to accept Resolution to approve
Architectural Services Agreement for County Court and 911 Dispatch
Facility Report as presented and authorize Larry D. Mead, Chairman and
Ann Bonk, Clerk to sign. On roll call: Ayes: Mead, Nellist, Smolarz,
Pacella. Nays: Milburn. Motion carried.
8. Moved bay Milburn, seconded by Pacella to approve contract with Industrial
Disposal, Inc. and the
12, 2006 through April 12, 2007 for the hauling and disposal of leachate
at a cost of .07 cents per gallon and authorize Larry D. Mead, Chairman and
Roman Pacella, Vice-Chairman to sign. On roll call: Ayes: Pacella, Milburn,
Smolarz, Mead, Nellist. Nays: None. Motion carried.
9. Move to appoint Ed Nellist, District 1 Commissioner to the STING Board
effective this date. TABLED TO NEXT MEETING.
10. Move to approve moving the Secretary/Corrections Officer position from the
POAM (Police Officers Association of
(Command Officers Association of
MEETING.
Committee Reports
Roman Pacella talked about purchasing new tractor & lawnmover. Airport terminal needs a new roof and hot water tank.
Jim Smolarz spoke about meeting he attended with engineer.
Ed Nellist mentioned there was a Health Dept. Meeting
tonight in
in place of double doors.
Mead spoke about M-Dot meeting regarding construction from Roscommon to Interstate
will be resurfacing black top. He also talked about M-55 regarding accidents & needing
more traffic lights.
Public Comment – None.
11. Moved by Pacella, seconded by Milburn to adjourn meeting. On roll call:
Ayes: Nellist, Mead, Smolarz, Milburn, Pacella. Nays: None. Motion
carried.
MEETING ADJOURNED AT 10:55 A.M.
______________________ ____________________________
Larry D. Mead, Chairman Ann
M. Bonk,