MAY 24, 2006

 

 

The Roscommon Board of Commissioner’s met on Wednesday, May 25, 2006 for a regular meeting.  Chairman Mead called the meeting to order at 10:00 A.M.

 

Roll Call:  Nellist, Mead, Smolarz, Milburn, Pacella.

 

The Pledge of Allegiance was recited.

 

Also Present:  Lois Byrd, Higgins Lake Roscommon Chamber of Commerce;  Herb Weatherly, Carol Quirk, Juvenile Detention Ctr.;  Bill Ancel, Roscommon Twp.;  Glenn Schicker, H.L. Resorter;  April Ochoa, Candidate, Dist. 1;  Jim White; Deryl Brown; Steve LeMire, Sheriff’s Dept.;  Joe Faino, Candidate Dist. 5;  Lowell Souder, Candidate Dist. 5; Carolyn Kruger, Denton Twp.;  Pat Marshall, Housing Director;  Fran Staley, Sheriff;  Nancy Latham, Coor;  Rick Meeks,

H.L.P.O.A.; Pam Stephan, Candidate Dist. 5; Larry Huebner, Pioneer;  Matt Wing, Pioneer; Ron Gossman, Pioneer; Julie Peters, County Treasurer; Charlie Sullivan, Veterans; Marie Thompson, E-911;

 

            1.   Moved by Pacella, seconded by Milburn to approve the Agenda with added

                  motion  #3.  On roll call:  Ayes:  Nellist, Smolarz, Mead, Milburn, Pacella.

                  Nays:  None.  Motion carried.

 

            2.   Moved by Smolarz, seconded by Nellist to approve Treasurer’s report dated

                  April 30, 2006 as presented.  On roll call:  Ayes:  Milburn, Pacella, Mead,

                  Nellist, Smolarz.  Nays:  None.  Motion carried.

 

Review of monthly reports:  E-911 Monthly Statistics;  Jail income for April.

 

Correspondence

 

            A.   Ned Wickes, American Legion Project.

                   Re:  Progress report.

            B.   Amy Keusch, Property Analyst, DNR

                   Re:  Oil and Gas Lease Auction.

            C.   Jordon Lockmiller, Chairperson CMD Health Dept.

                   Re:  Resolution regarding smoking in public area.

            D.   Steven LeMire, Jail Administrator

                   Re:  Parking Issue/Construction Project.

 

Visitors

 

Nancy Latham, Oscoda Housing Department and Pat Marshall

 

            3.   Moved by Smolarz, seconded by Pacella to approve Resolution expressing

                  appreciation to Charles Sullivan for serving the Roscommon County Housing

                  Commission for serving the Roscommon County Housing Commission as

                  Program Inspector for the last 24 years as presented and authorize Larry D.

                  Mead, Chairman to sign. 

 

                  RESOLUTION

 

                  WHEREAS, Charles Sullivan is a distinguished resident of Roscommon

                  County;

                                   

                  WHEREAS, Charles Sullivan has provided leadership and service as the

                  Program Inspector for the Roscommon County Housing Commission;

 

                  WHEREAS,  Charles Sullivan has served the Roscommon County Housing

                  Commission for 24 years;

 

                  WHEREAS,  Charles Sullivan has chosen to step down from his Program

                  Inspector position after his many years of service;

 

                  NOW, THEREFORE BE IT RESOLVED, that the Roscommon County

                  Board of Commissioners hereby expresses their appreciation to Charles

                  Sullivan for his many years of dedicated service provided to Roscommon

                  County and its citizens.

 

                  On roll call:  Ayes:  Milburn, Nellist, Mead, Smolarz, Pacella.  Nays:  None.

                  Motion carried.

 

 

            4.   Moved by Smolarz, seconded by Nellist to approve Resolution to make

                  Conditional Award of Construction Contract to Pioneer Construction,

                  Inc., the low bidder, for the base bid plus alternates number 1 through 6 in

                  the amount of $5,190,419.00 and authorize Larry D. Mead, Chairman to

                  sign necessary documentation. 

 

WHEREAS, the County of Roscommon (the “County”), following   advertisement, has received competitive Base Bids and Alternates for the construction of a new courts and 911 Dispatch Facility (the “Project”); and

 

                  WHEREAS, in addition to the Base Bid, it is in the best interest of the County

to include Alternates No. 1 through 6 in the Project, as follows:

 

                 Alternate No. 1:  Install 101 concrete security bollards on site     Add  $29,725.00

                 Alternate No. 2:  Install porcelain tile on public corridor floors

                                                lieu of vinyl composition tile                                Add  $30,850.00

                 Alternate No. 3:  Install porcelain tile wainscot on walls in

                              public corridors                                                 Add  $28,306.00

                 Alternate No.4:   Use solid surface countertop in Kitchen 911     Add  $  1,025.00

                 Alternate No.5:   Use solid surface countertop in Passage 900     Add  $     513.00

                 Alternate No.6:   Use tinted glass in Rooms 905, 906, 907 and 909 no change in cost

                

                 WHEREAS, the County has received the written recommendation of the Project

                 Architect, Wigen Tincknell Meyer & Associates, Inc. (the “Architect”), for the award

                 of the construction contract for the Project, which, together with the bid tabulations,

                 is attached hereto as Exhibit A, to Pioneer Construction, Inc., the low bidder, for the

                 Base Bid plus Alternates No. 1 through 6 in the amount of $5,190,419; and

 

                 WHEREAS, it is the intent of the County to finance part of the cost of the Project by

                 Installment Purchase Agreement in accordance with law.

                  

                 NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:

 

     1.   The construction contract for the Project is hereby awarded to Pioneer

           Construction, Inc. (the “Contractor”) in the amount of $5,190,419 for

           the Base Bid plus Alternates No. 1 through 6 in accordance with the

           written recommendation of the Architect, subject to (a) the successful

           sale and delivery of the Installment Purchase Agreement and (b) completion

           of the Project within 310 calendar days from the date of the construction

           contract, consistent with the Contractor’s bid.

 

     2.  The Architect is authorized and directed to execute and deliver on behalf of

          the County to the Contractor a notice of award, provided that the notice of

          award sets forth the conditions for award of the contract as stated in paragraph 1.

 

     3.  All resolutions and parts of resolutions in conflict herewith shall be and the same

          are hereby rescinded.

 

     On roll call:  Ayes:  Mead, Pacella, Nellist, Smolarz.  Nays:  Milburn.  Motion

     carried.

 

     

5.   Moved by Nellist, seconded by Smolarz to approve Resolution to Award Sale

                  Agreement as presented and authorize Larry D. Mead, Chairman, Julie

                  Peters, Treasurer, Ann Bonk, County Clerk, or any other persons necessary

                  to sign any and all documentation needed to complete transaction.  This

                  Resolution shall contain the terms of financing the construction of the

                  courthouse facility and the 911 Center.

 

COUNTY OF ROSCOMON

STATE OF MICHIGAN

RESOLUTION TO AWARD SALE OF

INSTALLMENT PURCHASE AGREEMENT

 

                   WHEREAS, the County of Roscommon (the “County”) is authorized by

                   Section 11b 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 County Board of Commissioners on even date herewith adopted

                   a “Resolution to Make Conditional Award of Construction Contract” to award

                   the contract for construction of the Property to Pioneer Construction, Inc. as

                   Vendor, in the amount of $5,190,419; and

 

                   WHEREAS, the County Board of Commissioners on February 22, 2006 adopted

                    a “Resolution to Authorize Purchase of Lands, Property or Equipment and the

                    Financing Thereof by Installment Purchase Agreement” to provide for the purchase

                    of the Property by installment purchase agreement in accordance with Act 156,

                    approved the form of the installment purchase agreement and authorized and

                    directed the County Equalization Director to obtain bids for the financing of the

                    Installment Purchase Agreement in the amount of $6,123,250; and

 

                    WHEREAS, the County Equalization Director was subsequently authorized to

                    increase the amount of the Installment Purchase Agreement subject to bids

                    from financial institutions to $6,500,000; and

 

                    WHEREAS,  the County Equalization Director requested bids from financial

                    Institutions in accordance with Financing Specifications dated May 1, 2006

                    (the “Financing Specifications”), a copy of which Financing Specifications are

                    on file with the County Clerk; and

 

                    WHEREAS, in the Financing Specifications, the County reserved “the right to

                    increase or decrease the principal amount to be borrowed prior to closing to

                    conform to the purchase price of the property…;”and

 

                    WHEREAS, May 22, 2006, at 11:00 a.m., Local Time, was set as the date and

                     time for opening bids for the purchase of the $6,500,000 Installment Purchase

                    Agreement (the “Installment Purchase Agreement”) of the County to finance the

                    purchase price of the Property; and

 

                    WHEREAS,  the bids summarized on Exhibit A attached hereto were received, and

                    publicly opened and read; and on file with County Clerk.

 

                    WHEREAS, based on the rate(s) of interest, the total interest cost and the

                    prepayment terms, the alternative bid of National City Municipal Finance, A

                    Division of National City Commercial Capital Corporation for 120 monthly level

                    debt service payments has been determined to be the proposal most favorable to

                    the County.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:

                  1.     The Financing Specifications used by the County Equalization Director to

                  request proposals for the Installment Purchase Agreement are hereby ratified and

                  approved.  

 

                  2.     The bid of National City Municipal Finance, A Division of National City

                  Commercial Capital Corporation for 120 monthly level debt service payments,

                  as above stated, is hereby accepted.

 

                  3.     The Installment Purchase Agreement shall be issued in accordance with

                  the terms set forth in the County’s Resolution adopted on February 22, 2006,

                  the Financing Specifications, the bid accepted by the terms of this resolution and,

                  in addition, shall:

 

                          a.   based upon the “Resolution to Make Conditional Award of Construction

                   contract,”  the principal amount of the Installment Purchase Agreement shall be

                   reduced to, and the Installment Purchase Agreement be issued in the principal

                   amount of $5,190,000; and

                          b.   bear interest from the date of the Installment Purchase Agreement (the

                    “Closing Date”) at the rate of 4.32% per annum in accordance with the bid

                   accepted by the terms of this resolution; and

                          c.   mature in 120 monthly level debt payments of $53,339.15, with the

                    first payment due thirty days after the Closing Date, subsequent payments due,

                    on the same day of each month thereafter and with the final payment due on

                    the 10th anniversary of the Closing Date; and

                          d.   be subject to prepayment on the following terms:  the principal portion

                    of the Installment Purchase Agreement shall not be subject to prepayment prior

                    to the fifth annual anniversary of the Closing Date.  On and after the fifth anniversary

                    of the Closing Date, the principal of the Installment Purchase Agreement may be

                    prepaid in whole only, without premium or penalty.

                    4.    The County Treasurer is hereby designated as the Registrar for the Installment

                    Purchase Agreement.

                    5.     The good faith check of the successful bidder in the amount of $65,000 shall

                    be applied towards the purchase price of the Installlment Purchase Agreement.  The

                    good faith checks submitted by the unsuccessful bidders shall be returned to each

                    said bidder.

                    6.      All resolutions and parts of resolutions in conflict herewith shall be and the

                    same are hereby rescinded.

 

                    On roll call:  Ayes:  Mead, Pacella, Smolarz, Nellist.  Nays:  Milburn.  Motion

                    carried.

             

 

            6.   Moved by Smolarz, seconded by Nellist to approve resolution to accept

                  conveyance of property from the Roscommon County Building Authority

                  and other matter related thereto.

 

COUNTY OF ROSCOMMON

STATE OF MICHIGAN

 

RESOLUTION TO ACCEPT CONVEYANCE OF REAL ESTATE FROM THE

ROSCOMMON COUNTY BUILDING AUTHORITY AND OTHER MATTERS

RELATED THERETO

 

                  WHEREAS, the Roscommon County Building Authority (the “Authority”), owns

                  certain real property located within the Village of Roscommon, which is generally

                  described as the Southwesterly one-half of Block II (Courthouse Square) and all

                  rights in that portion of George Street previously or hereinafter vacated by the

                  Village of Roscommon (by resolution or otherwise), including, but not limited to

                  the Resolution of Intent to Vacate Portions of S. Third Street, George Street, S.

                 St. Helen Street and S. Second Street adopted by the Village of Roscommon on

                 January 23, 2006, all within Robinson’s Plat of the Village of Roscommon (the

                 “Vacation Resolution”); and

 

                 WHEREAS,  the County of Roscommon (the “County”) plans to construct a new

                 Courts and 911 Dispatch Facility (the “Project”) on portions of Blocks 12 and 16, as

                 well as portions of George Street and Third Street previously or hereinafter vacated

                 by the Vacation Resolution; and

 

                 WHEREAS,  the Authority has an interest in that portion of George Street adjacent

                 to the Southwesterly one-half of Block 11, Robinson’s Plat of the Village of

                 Roscommon, Roscommon, Michigan, previously or hereinafter vacated by the

                 V Vacation Resolution (the “Property”); and

 

                 WHEREAS,  the County anticipates that the Authority will convey the Authority’s

                 interest in the property by quit claim deed to the County to facilitate the construction

                 of the Project; and

 

                 WHEREAS, the County and the Authority entered into a Lease Contract on October

                 1, 1996, for the remodeling of the County court house building and equipping and

                 furnishing that building to be used by the County (the “Lease Contract”); and

 

                 WHEREAS, the County proposes to construct and connect the Project to the existing

                  facilities that are the subject of the Lease Contract.

 

                 NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:

 

                 1.   At such time as the Authority conveys the Property by quit claim deed to the

                 County for the Project, the County accepts such conveyance.

                 2.   The County Board of Commissioners hereby determines that the construction of

                 the Project and the connection of the Project to the existing facilities which are the

                 subject of the Lease Contract do not and will not impair or materially affect the

                 County’s  obligations to the Authority under the terms of the Lease Contract including,

                 but not limited to, the County’s obligations to make lease payments to the Authority in

                 accordance with the Lease Contract.

                 3.   The County hereby ratifies the Lease Contract and affirms the County’s obligations

                 to make such payments to the Authority under the terms of the Lease Contract.

                 4.   All resolutions and parts of resolutions in conflict herewith shall be and the same

                 are hereby rescinded.

 

                 On roll call:  Ayes:  Pacella, Mead, Nellist, Smolarz.  Nays:  Milburn.  Motion carried.

 

 

            7.   Moved by Milburn, seconded by Pacella to increase Remonumentation

                  revenues by $9,377.00 bringing total to $75,777.00 and increase

                  expenditures by $25,777.00 bringing total to $92,177.00.  On roll call:

                  Ayes:  Nellist, Mead, Smolarz, Pacella, Milburn.  Nays:  None.  Motion

                  carried.

 

            8.   Moved by Pacella, seconded by Milburn to enter into the Northern Mutual

                  Aid Reciprocal Law Enforcement Agreement as presented and authorize

                  Larry D. Mead, Chairman to sign.  On roll call:  Ayes:  Smolarz, Mead,

                  Nellist, Milburn, Pacella.  Nays:  None.  Motion carried.

 

            9.   Moved by Mead, seconded by Nellist to spend up to an additional $6,000.00

                  of the money received from the Village of Roscommon DDA to help offset

                  costs of moving the Ausable River Center Building if the DDA pays

                  $6,000.00 early.  On roll call:  Ayes:  Smolarz, Pacella, Mead, Nellist.  Nays:

                  Milburn.  Motion carried.

 

        10.     Moved by Pacella, seconded by Milburn to authorize Ron Eno to accept or

                  reject any bid for the cargo container, which in their judgment is most

                  advantageous to the County of Roscommon.  On roll call:  Ayes:  Smolarz,

                  Mead, Nellist, Milburn, Pacella.  Nays:  None. Motion carried.

 

         11.     Moved by Smolarz, seconded by Nellist to approve Resolution in regards to

                  imposing 2006 Summer Property Tax Levy Pursuant to PA357 of 2004 as

                  attached and authorize Larry D. Mead, Chairman and Ann M. Bonk, County

                  Clerk to sign.

 

RESOLUTION

 

Imposing 2006 Summer Property Tax Levy Pursuant to PA357 of 2004

 

            WHEREAS,  Roscommon County is authorized under the General Property Tax

            Act, property taxes; and

 

            WHEREAS,  the General Property Tax Act has been amended by Public Act 357

             of 2004, being MCL 211.44a to require all Michigan Counties to impose a

             summer tax levy with the summer tax levies for 2005 and 2006 to be in the

             amount of 1/3 and 2/3, respectively, of the total County allocated tax, with the

             full amount of County allocated tax to be levied and collected as a summer tax

             levy in 2007.

 

             NOW THEREFORE BE IT RESOLVED, that pursuant to Public Act 357 of

             2004, the Roscommon County allocated tax shall be levied and collected on

             July 1, 2006, at the rate of 2/3 of the amount allocated after application of the

             “Headlee  millage reduction fraction, or 2.4201 mills; and

 

             BE IT FURTHER RESOLVED,  that the Treasurer of each city, village and

             township in Roscommon County is directed to account for and deliver the

             2/3 County allocated tax collections for 2006 in accordance with the provisions

             of Public Act 357 of 2004; and

 

             BE IT FURTHER RESOLVED,  that this Resolution constitutes certification of 

             the levy of the County allocated tax and authorized collection of the County

             allocated tax and authorized collection of the County allocated tax on July 1,

             2006, at the rate of 2/3 of the amount allocated after application of the “Headlee”

             millage reduction fraction , or 2.4201 mills; and

 

             BE IT FURTHER RESOLVED,  that the County Clerk shall deliver a copy of

             this Resolution by first class mail to the Treasurer of each city, village and

             township in Roscommon County.

 

             On roll call:  Ayes:  Pacella, Milburn, Mead, Nellist, Smolarz.  Nays:  None.

             Motion carried.

 

   12.    Moved by Smolarz, seconded by Milburn to accept the Taxable Valuation Report

             (L-4046) as presented and authorize Larry D. Mead, Chairperson and Roland

             Eno, Equalization Director to sign.  On roll call:  Ayes:  Nellist, Mead, Pacella,

             Milburn, Smolarz.  Nays:  None.  Motion carried.

 

   13.     Moved by Pacella, seconded by Nellist to approve letter in support of the

             Commission on Aging in their efforts to secure grant funding for their

             programs and authorize Larry D. Mead, Chairman to sign.  On roll call:  Ayes:

             Smolarz, Mead, Nellist, Milburn, Pacella.  Nays: None.  Motion carried.  

 

John Meyer introduced Pioneer Construction Representatives.

 

Larry Mead discussed the Health Department smoking issue.

 

   14.    Moved by Pacella, seconded by Milburn to adjourn meeting.  On roll call:  Ayes:

            Nellist, Smolarz, Mead, Milburn, Pacella.  Nays:  None.  Motion carried.

 

 

 

____________________________                    ____________________________

Larry D. Mead, Chairman                                       Ann M. Bonk, County Clerk