BOARD OF COMMISSIONERS MEETING William J. Bunek, … · 2017-05-03 · BOARD OF COMMISSIONERS...

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BOARD OF COMMISSIONERS MEETING William J. Bunek, Chairman NOTICE OF MEETING The Executive Board of Commissioners Meeting of the Leelanau County Board of Commissioners will be held on Tuesday, May 9, 2017, at 9:00 a.m. in the Commissioner Meeting Room, Leelanau County Government Center, Suttons Bay, Michigan (Please silence cellular/electronic devices) (Proceedings of the meeting are being recorded and are not the official record of the meeting; the formally approved/accepted written copy of the minutes will be the official record of the meeting.) TENTATIVE AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE ROLL CALL COMMUNICATIONS, PROCLAMATIONS, PRESENTATIONS: PAGE # Administrator Update PACE Program AGENDA ADDITIONS OR DELETIONS PUBLIC COMMENT ACTION ITEMS: 1. Community Corrections – 13 th Circuit Court Community Corrections FY 2018 Grant Application and Resolution. 2-3 2. Equalization – Approval of the 2017 L-4029 Tax Rate Request. 4-5 3. Senior Services – Budget Adjustment Update. 6 4. Sheriff – a. Corrections Officer, Hiring Overlap. 7-8 b. Acceptance of Donation. 9 5. Drain Commission – Saving Birds Thru Habitat Presentation. 6. Planning & Community Development – Fill Dirt Agreement Approval. 10-22 7. Clerk – Jury Commission Appointment. 23-25 8. Treasurer – Transfer of Land Sale Proceeds Report. 26-27 9. Construction Codes Authority Committee – Potential Personnel Request. 10. Probate & Family Court – a. Rural Counties Grant Update. b. Plan Amendment/Transfer, Child Care Fund. 28 11. 2017 Kids Count Report – Commissioner Wessell. 12. Administration – a. Barn Update. b. Annual Evaluation and Contract (under separate cover). c. Road Commission Recommendation Update. d. Job Descriptions Review. 29-37 e. Dispatcher Union Negotiations Update. REVIEW OF FINANCIALS SPECIAL REPORTS BY STAFF, COMMISSIONERS, AND AFFILIATED AGENCIES PUBLIC COMMENT APPROVAL OF FINANCIALS Amendments & Transfers Miscellaneous Fund Transfers and Amendments Claims and Accounts Post Audit ADJOURN Posted: x/x/17, 4:00 p.m. 1

Transcript of BOARD OF COMMISSIONERS MEETING William J. Bunek, … · 2017-05-03 · BOARD OF COMMISSIONERS...

Page 1: BOARD OF COMMISSIONERS MEETING William J. Bunek, … · 2017-05-03 · BOARD OF COMMISSIONERS MEETING William J. Bunek, Chairman . NOTICE OF MEETING. The Executive Board of Commissioners

BOARD OF COMMISSIONERS MEETING William J. Bunek, Chairman NOTICE OF MEETING

The Executive Board of Commissioners Meeting of the Leelanau County Board of Commissioners will be held on Tuesday, May 9, 2017, at 9:00 a.m. in the Commissioner Meeting Room,

Leelanau County Government Center, Suttons Bay, Michigan

(Please silence cellular/electronic devices)

(Proceedings of the meeting are being recorded and are not the official record of the meeting; the formally approved/accepted written copy of the minutes will be the official record of the meeting.)

TENTATIVE AGENDA

CALL TO ORDER PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE ROLL CALL

COMMUNICATIONS, PROCLAMATIONS, PRESENTATIONS: PAGE # • Administrator Update • PACE Program

AGENDA ADDITIONS OR DELETIONS

PUBLIC COMMENT ACTION ITEMS: 1. Community Corrections – 13th Circuit Court Community Corrections FY 2018 Grant Application and Resolution. 2-3 2. Equalization – Approval of the 2017 L-4029 Tax Rate Request. 4-5 3. Senior Services – Budget Adjustment Update. 6 4. Sheriff –

a. Corrections Officer, Hiring Overlap. 7-8 b. Acceptance of Donation. 9

5. Drain Commission – Saving Birds Thru Habitat Presentation. 6. Planning & Community Development – Fill Dirt Agreement Approval. 10-22 7. Clerk – Jury Commission Appointment. 23-25 8. Treasurer – Transfer of Land Sale Proceeds Report. 26-27 9. Construction Codes Authority Committee – Potential Personnel Request. 10. Probate & Family Court –

a. Rural Counties Grant Update. b. Plan Amendment/Transfer, Child Care Fund. 28

11. 2017 Kids Count Report – Commissioner Wessell. 12. Administration –

a. Barn Update. b. Annual Evaluation and Contract (under separate cover). c. Road Commission Recommendation Update. d. Job Descriptions Review. 29-37 e. Dispatcher Union Negotiations Update.

REVIEW OF FINANCIALS SPECIAL REPORTS BY STAFF, COMMISSIONERS, AND AFFILIATED AGENCIES PUBLIC COMMENT

APPROVAL OF FINANCIALS • Amendments & Transfers • Miscellaneous Fund Transfers and Amendments • Claims and Accounts • Post Audit

ADJOURN Posted: x/x/17, 4:00 p.m. 1

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Leelanau County Resolution #2017-xxx

13th Circuit Court Community Corrections Grant Application to MDOC for FY 2018

WHEREAS, the Leelanau County Board of Commissioners met in Regular Session on May

16, 2017, and approved submission of the yearly Plans and Services Grant Application to the

Department of Corrections, Office of Community Corrections; and,

WHEREAS, the grant is for one year starting with October 1, 2017, and is consistent

with the prior year’s funding amount of $264,256, and,

WHEREAS, the application requires approval from the Leelanau County Board of

Commissioners to continue funding for the next fiscal year with no changes or amendments.

NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COMMISSIONERS, THAT

Leelanau County approves the submission of the 13th Circuit Court Community Corrections

FY2018 Grant Application to Michigan Department of Corrections/Office of Community

Alternatives as presented.

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2017 Senior Services Budget Resolutionand 2018 Senior Services Budget Estimate

for April 27, 2017 LCSS Sub-committee meeting

Revenue Accounts 2017 Budget YTD 3/31/2017 Projected 12/31 Adjusted 12/31 % of overall 2018 Budget % of overall 2018 budget narrativeMillage Revenue 707,119.00$ 611,281.68$ 707,119.00$ 685,000.00$ 78.37% 710,000.00$ 92.69%Contributions 9,000.00$ 9,000.00$ 8,000.00$ 0.92% 8,000.00$ 1.04%BASA Grant 4,000.00$ 1,309.00$ 4,000.00$ 4,000.00$ 0.46% 4,000.00$ 0.52%Voucher Sales 56,000.00$ 32,603.00$ 56,000.00$ 38,000.00$ 4.35% 13,000.00$ 1.70% foot care only 1300 @ $10Safety Equipment Sales 5,000.00$ 810.00$ 5,000.00$ 5,000.00$ 0.57% 5,000.00$ 0.65%EXPO Revenue 5,000.00$ -$ 5,000.00$ 5,000.00$ 0.57% 5,000.00$ 0.65%BOC General Fund Allocation -$ 65,000.00$ 7.44% -$ 0.00%Fund Balance 87,948.00$ -$ 87,948.00$ 64,067.00$ 7.33% 21,000.00$ 2.74%

874,067.00$ 646,003.68$ 874,067.00$ 874,067.00$ 100.00% 766,000.00$ 100.00%

Expense Accounts 2017 Budget YTD 3/31/2017 Projected 12/31 Adjusted 12/31 % of overall 2018 Budget % of overall 2018 budget narrativeSalaries & Benefits 209,055.00$ 45,297.59$ 209,055.00$ 194,055.00$ 22.20% 180,000.00$ 23.53% Director, Asst. Director and AdmnOffice/Operating/Printing 41,400.00$ 9,791.14$ 41,400.00$ 37,750.00$ 4.32% 25,450.00$ 3.33% reduction to office supplies, printing & publishing, postageSenior Activities/Expo 14,000.00$ 1,240.65$ 14,000.00$ 9,000.00$ 1.03% 6,000.00$ 0.78% Expo costs $5,000 Bitesize learning costs, misc. $1,000Contractural Services* 126,500.00$ 23,279.39$ 146,500.00$ 92,500.00$ 10.58% 84,500.00$ 11.04% 10% attrition $72,000 med management, $9,000 dental, $1,500 technology, $2,000 launVoucher Programs 110,000.00$ 31,479.00$ 110,000.00$ 76,000.00$ 8.69% 26,000.00$ 3.40% foot care only 1300 @ $20Unmet Needs 80,000.00$ 29,236.43$ 80,000.00$ 80,000.00$ 9.15% 70,000.00$ 9.15% $10,000 reduction - income/asset testedPersonal & Respite* 110,000.00$ 49,269.60$ 212,000.00$ 193,650.00$ 22.16% 185,000.00$ 24.18% 12% attrition - income/asset tested in 2018Homemaking* 40,000.00$ 12,625.00$ 48,000.00$ 48,000.00$ 5.49% 45,000.00$ 5.88% 5% attrition - income/asset tested since 2014Meals on Wheels* 28,000.00$ 4,666.66$ 28,000.00$ 28,000.00$ 3.20% 28,000.00$ 3.66% no change to Meals on WheelsMedical Transportation 5,000.00$ 1,027.40$ 5,000.00$ 5,000.00$ 0.57% 5,000.00$ 0.65% no change for medical transportationFixed Office Costs; ie copier et al 25,973.00$ 6,021.22$ 25,973.00$ 25,973.00$ 2.97% 25,973.00$ 3.39% fixedSafety Equipment 10,000.00$ 234.00$ 10,000.00$ 10,000.00$ 1.14% 10,000.00$ 1.31% no change to safety equpmentAAA Contribution 4,194.00$ 4,197.00$ 4,194.00$ 4,194.00$ 0.48% 4,194.00$ 0.55% no change to safety equipment - Leelanau County seat feeIndirect Costs 69,945.00$ 69,945.00$ 69,945.00$ 8.00% 69,945.00$ 9.14% set by formula

874,067.00$ 218,365.08$ 1,004,067.00$ 874,067.00$ 100.00% 765,062.00$ 100.00%Budget Surplus/Deficit -$ 427,638.60$ (130,000.00)$ -$ -$ 938.00$ -$ *includes March billings paid in April 2017

Program/Budget Increases/Decreases for 2017Salaries & Benefits (15,000.00)$ layoff Finance Director position as of 7/1/2017 or go month by month @ $2,500 per monthOffice/Operating/Printing (3,650.00)$ in-office control all applicable line-itemsSenior Activites/Expo (5,000.00)$ discontinue outside Senior Acitivites with exception of EXPOContractural Services Dental (9,000.00)$ back to 2016 level

Travel (1,000.00)$ non-renewalMedicine Management 20,000.00$ increase to handle current client commitment and put future requests for services on wait-listRN - Share Care (44,000.00)$ either terminiate contract as of 5/1/17 or maintain contract and utilize RN for emergency situations @ $53/hr

Voucher Programs (34,000.00)$ discontinue snow and dining for remainder of 2017/honor outstanding sold vouchers/foot to 2016 levelsPersonal & Respite 83,650.00$ income/asset testing net increase to handle current client commitment and put future requests for services on wait-listHomemaking 8,000.00$ increase to handle current client commitment and put future requests for services on wait-list

-$ Net budget impact after 2017 budget adjustments

Fund Balance 01/01/2017 101,429.69$ Less 2017 Fund Balance Utilization (64,067.00)$ Projected Fund Balance 12/31/2017 37,362.69$

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EXECUTIVE DOCUMENT SUMMARY

Department:

Contact Person:____________________________

Telephone No.: ____________________________

Source Selection Method

Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________

Document Description

Board/Committee Recommendation Other_________________________________

SuggestedRecommendation:

Department Head Approval:________________________________ Date: ______________________

Submittal Dates

Executive Board: ____________________

Regular Session: ____________________

Budgeted Amount: ____________________ Contracted Amount: __________________

Request to Waive Board Policy on Bid RequirementsRequest to Waive Board Policy on Bid Requirements

Planning/Comm. Development

Trudy Galla

■ May 9, 2017

■ May 16, 2017

Bid

■ Agreement

Select One ■ Fill Material Agreement

Attached is the Fill Material Agreement between Leelanau County, the LeelanauCounty Brownfield Redevelopment Authority, Leland River Lots CondominiumAssociation, and Courthouse Redevelopment Group, LLC. This Agreement waspreviously discussed, and the attached document has been reviewed by CorporateCounsel.

The Agreement needs to be approved and signed by all parties so that material takenfrom the site in Leland (former Government center location), will be deposited at theCounty owned property on Pit Rd.

Motion to recommend to the Board of Commissioners to approve the Agreementbetween Leelanau County, The Leelanau County Brownfield RedevelopmentAuthority, Leland River Lots Condominium Association, and CourthouseRedevelopment Group LLC, for a fill material placement site as presented, andauthorize the County Chairman to sign.

Trudy J. Galla Digitally signed by Trudy J. Galla Date: 2017.05.02 15:57:59 -04'00' May 2, 2017 10

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AGREEMENT BETWEEN LEELANAU COUNTY, THE LEELANAU COUNTY BROWNFIELD REDEVELOPMENT

AUTHORITY, LELAND RIVER LOTS CONDOMINIUM ASSOCIATION, AND COURTHOUSE REDEVELOPMENT GROUP LLC,

FOR A FILL MATERIAL PLACEMENT SITE

This Agreement is entered this ____ day of _________, 2017, between Leelanau County (“County”), Leelanau County Brownfield Redevelopment Authority (“Authority”), Leland River Lots Condominium Association, a Michigan Domestic Nonprofit Corporation (“Leland River Lots Association”), and Courthouse Redevelopment Group LLC, a Delaware Limited Liability Company (“CRG”), for the use of certain County property located for Placement of Fill.

I. Recitals

A. Whereas, the Authority is the owner of certain real property which is described in the attached Attachment “A,” commonly known as South Grand Avenue and South Chandler Street, Leland, Michigan 49654, Leland Township, Leelanau County (the “Authority Property”) which property is a part of the Leland River Lots Condominium, and the Leland River Lots Association represents the current and future property owners of such property; and B. Whereas, the Authority Property has been part of a Brownfield redevelopment project of the Authority; and C. Whereas it is the understanding of the Authority, through consultation with its environmental consultants and review of related information including, but not limited to, the Document of Due Care Compliance (DDCC) submitted to the Michigan Department of Environmental Quality (MDEQ) on March 24, 2017, and the MDEQ’s subsequent approval letter of the DDCC dated March 29, 2017, that Fill Material from the Property does not contain Hazardous Materials in quantities that would require investigation, monitoring, clean-up, containment, restoration, removal, governmental notification, or other remedial work under any applicable federal or state law or regulation; and

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D. Whereas, notwithstanding the foregoing, the Authority’s consultants have advised that it would be prudent to assure that any dirt removed from the Authority Property be retained in a single, secure location. E. Whereas, the County has such a secure location that it is agreeable for such material placement, subject to the conditions within this Agreement, which is described in the attached Attachment “B,” commonly known as 1095 South Pit Road, Leland Township, Leelanau County, Michigan (the “Placement Property Site”); and F. Whereas, CRG has agreed to purchase the Authority Property, subject to certain conditions and agreements; and G. Whereas, the County is agreeable to CRG and CRG’s successors in title (hereinafter collectively referred to as the “Purchasers”) and for Leland River Lots Association being authorized to use of the Placement Property Site to place excavated fill material from the Authority Property, subject to the terms of this Agreement.

NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the County, Authority, CRG, and Leland River Lots Association hereby agree as follows: Article 1. Background 1.1. On May 15, 2015, the Authority and CRG entered into a Purchase Agreement for the sale of the Authority Property and the Authority, CRG, and Leland River Lots Association are each agreeable to having any dirt excavated from and removed from the Authority Property shall be retained in a single secure location; and the County has such a secure location that it is agreeable for such material placement, subject to the conditions within this Agreement, being the property commonly known as 1095 South Pit Road, Leland Township, Leelanau County, Michigan, which is described in the attached “Attachment B” (the "Placement Property Site"). 1.2. The County, the Authority, CRG, and Leland River Lots Association desire to memorialize in writing the duties and obligations of Leland River Lots Association, CRG and CRG’s successors in title with regard to the excavation of, transportation to and placement of the fill material on the Placement Property Site.

Article 2. Scope of Agreement 2.1. Subject to the terms and conditions hereof, County grants to Purchasers and Leland

River Lots Association a revocable license to enter onto, and place only "Fill" material (defined for purposes of this Agreement as top soil, sub soil, and rock with no dimension exceeding 18 inches) at the Placement Property Site, which Fill has been excavated by Purchasers from the

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development of the Authority Property in accordance with the terms of this Agreement.

2.2. Purchasers shall be solely responsible, at their own expense, for any excavation of Fill material on the Authority Property, and for transportation to, and placement of the Fill material at the Placement Property Site and said transportation, and placement shall be performed in accordance with the Agreement terms enumerated below and all applicable local, state and federal laws, ordinances, codes, regulations and rules.

2.3. Purchasers shall place the Fill material only in those areas specifically designated in this Agreement.

2.4. Purchasers shall not be required to pay any fee or charge to County or any other person or entity for such placement. However, Purchasers shall be solely responsible, at their own expense, to furnish and supply all materials, labor, construction equipment and tools necessary for any excavation of Fill material on the Authority Property, and for transporting to and for placement on the Placement Property Site of the Fill material, and to satisfy all conditions of all approvals and permits relating to the same. 2.5. Purchasers and Leland River Lots Association acknowledge and agree that the County and the Authority have not assumed, and shall not assume, any liability or responsibility for, nor supervise or control, the means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with any excavation of Fill material on the Authority Property, or in connection with the transportation and placement of the Fill material at the Placement Property Site, and all of the same are solely Purchasers’ responsibility. County and Authority acknowledge and agree that Purchasers and Leland River Lots Association have not assumed, and shall not assume, pursuant to this Agreement any liability or responsibility for the composition of any Fill material, including any potential hazardous substances contained therein. Purchasers shall have no responsibility for the content of any Fill material taken from the Authority Property and are not required to test, treat, clean or remediate such Fill material. 2.6 Leland River Lots Association agrees to apprise future property owners within their respective Condominiums of the terms of this Agreement and the contractual duties and obligations with regard to Fill material from the subject Authority Property. Article 3. Payment Terms 3.1. It is the intent of the County, Authority, Leland River Lots Association, and CRG that Purchasers’ full and proper performance of the terms of this Agreement, including the cost borne by Purchasers to excavate, transport and place the Fill material and its agreement to assume the obligations specifically set forth in this Agreement, shall be deemed the consideration to be received by County for the right of Purchasers to place Fill material on the Placement Property Site pursuant to this Agreement.

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Article 4. Placement Procedure

4.1. Purchasers shall be prohibited from knowingly placing at the Placement Property Site any material containing regulated Hazardous Materials subject to any federal, state or local treatment or remedial requirements or disposal restrictions. After placement at the Placement Property Site, all Fill material shall be the sole responsibility of the County and the Authority. The term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is regulated by any governmental authority of the State of Michigan or the United States government. Nothing contained in this Agreement shall limit or release the Authority from any obligation regarding Hazardous Materials existing at the Authority Property established in the Brownfield Plan and Act 381 Work Plan for the Authority Property.

4.2. In addition, Purchasers also will not transport any material to the Placement Property Site other than top soil, sub soil, and rock with a dimension not exceeding 18 inches, and will not contain any prohibited materials (such as concrete, metal conduit, rebar, trash, tree stumps or rocks exceeding 18 inches in any dimension).

4.3. Purchasers shall only transport to and place at Placement Property Site the Fill material excavated from the Authority Property. Purchasers are strictly prohibited from transporting to and placing at the Placement Property Site any material that does not meet the description (see paragraph 4.1 and 4.2, above), and any Fill from other than the Authority Property.

4.4. Purchasers will be responsible for excavating the Fill material from the Authority Property, for loading the trucks for transport to, and for placement at the Placement Property Site. 4.5. Purchasers shall provide telephone notice (at least 24 hours in advance for weekdays and 72 hours in advance for weekends) to the Authority’s Director, or the Authority Director’s designated representative, of all times during which Purchasers intends to place fill on the Placement Property Site. The Authority and the County, however, shall be under no obligation to have a representative at the Placement Property Site during all the periods of time that Purchasers are placing fill there. As long as Purchasers have provided the Authority with proper notice of their intention to place fill on the Placement Property Site, Purchasers may deposit or place fill on the Placement Property Site at any such times even if no County or Authority representative is present during all of such times. Specifically, when Purchasers have given proper notice to the Authority of its intention to place fill on the Placement Property Site, but there is nevertheless no Authority or County representative present on the Placement Property Site at such times, Purchasers may still place Fill, but shall otherwise follow all of the procedures and requirements of this Agreement. Whenever the Authority’s or County’s representative is present on the premises, however, Purchasers shall follow the procedures as directed by the Authority’s or County’s representative.

4.6 Purchasers, at their sole expense, shall promptly remove from the Placement Property

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Site any material they or their subcontractors transported to and placed at the Placement Property Site that does not meet all the requirements of Fill as set forth in this Agreement. This obligation to remove shall survive termination of this Agreement and shall continue in full force and effect for the period of time that any improper material placed at the Placement Property Site by Purchasers or their subcontractors is present at the Placement Property Site. Article 5. Limitations on Access to the Placement Property Site and Use of Placement Property Site 5.1 Purchasers and their subcontractors shall access and egress the Placement Property Site only at the access and egress points approved in advance by the Authority Director and shown on the Fill Placement Plan attached hereto as Attachment "C." Purchasers agree that construction vehicles and equipment shall not enter or leave the Placement Property Site from any other point of access nor access any other part of the Placement Property Site without the express, written permission of the County. Fill material shall be placed only in the Placement Property Site fill area designated by Authority’s and/or County’s representatives. 5.2 Purchasers and their subcontractors shall take all reasonably foreseeable and necessary and proper precautions to protect the Placement Property Site and all persons and personal property thereon as well as persons and personal property in the vicinity of the Placement Property Site, from damages or injuries arising from Purchasers’ operations. Article 6. Default/Remedies 6.1. In the event of a breach of any of the terms of this Agreement by Purchasers, County or the Authority shall give written notice of such breach to Purchasers, and if Purchasers fail to cure such breach within ten (10) days after such written notice, County shall have the right to (1) immediately terminate this Agreement, in which event, upon the effective date of the termination, Purchasers shall immediately cease the placement of all Fill material on the Placement Property Site, (2) commence an action to enforce this Agreement, and (3) exercise any and all other rights and remedies available at law or at equity. All of said remedies of County and Authority may be executed cumulatively and concurrently. Article 7. Notices 7.1. All notices or other communications required to be given under the terms of this Agreement shall be in writing and shall be sent certified mail, postage pre-paid, addressed as follows:

(a) If to the County, addressed to: County Administrator

8527 E. Government Center Drive Suite 101 Suttons Bay, MI 49682

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(b) If to the Authority, addressed to: Director, Brownfield Redevelopment Authority

8527 E. Government Center Drive Suite 108 Suttons Bay, MI 49682

(c) If to CRG, addressed to: Courthouse Redevelopment Group LLC PO Box 72 Leland, MI 49654

(d) If to the Leland River Lots Association, addressed to: PO Box 72

Leland, MI 49654

Article 8. Miscellaneous 8.1. None of Leland River Lots Association, CRG, CRG’s successor owners, or their subcontractors, consultants, agents, nor any person employed by any of them shall be deemed to be the Authority’s or the County’s employees, servants, or agents in any respect. Nothing in this Agreement shall be construed as creating a joint venture or partnership between County, the Authority, Leland River Lots Association, and/or Purchasers. 8.2. This Agreement and the right to place Fill material from the Authority Property on the County Placement Property Site shall be assignable by CRG to its successors in ownership of the Authority Property and lots and building sites within the Authority Property. The obligations to comply with this Agreement after such assignment shall be responsibility of the assignee condominium unit successor owners and not CRG. CRG shall be released from liability hereunder for obligations arising after the assignment relating to any condominium units in the Project that have been conveyed to successor owners. Any such successor owner of the Authority Property, or a lot or building site within the Authority Property, shall under such an assignment exercise the rights granted to Purchasers by this Agreement, and shall be subject to Purchasers’ obligations and responsibilities under this Agreement in relation to the placement of excavated Fill material from lots or building sites within the Authority Property area then owned by such successor in title. However, no unit owner shall have responsibility for the actions or omissions as to the requirements of this Agreement by any other unit owner with regard to such other owner’s unit, nor as to any predecessor or successor in interest to that successor unit owner’s property. It is further agreed that the Leland River Lots Association and its successors shall be responsible for assuring compliance with the obligations and responsibilities under this Agreement in relation to the placement of excavated Fill material removed from any of the common element sites within the Authority Property area. 8.3. No waiver by any party of any breach of any of the covenants or conditions herein

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contained shall be construed as a waiver of any succeeding breach of the same or of any other covenant or condition. 8.4. This Agreement represents the entire agreement between County, Authority, Leland River Lots Association, and CRG and CRG’s successor owners concerning the placement of Fill material from the Authority Property on the County Placement Property Site. This Agreement cannot be modified by oral agreements, and shall be modified only by a writing signed by the parties. 8.5. In the event that any term, provision or part of this Agreement is held to be illegal, invalid or unenforceable under law, regulations, ruling, order or ordinance of any federal, state or local government to which Agreement is subject, such term or provision, or part thereof, shall be deemed severed from this Agreement and the remaining terms and provisions shall remain unaffected thereby. 8.6. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of laws principles. 8.7. Captions used in this Agreement are not part of this Agreement and are for convenience of reference only and shall not affect the meaning or construction of any of its provisions. 8.8. This Agreement shall be binding upon CRG, Leland River Lots Association, the Authority, and the County and their respective successors and assigns. However, any attempted assignment of this Agreement shall be subject to the requirements set forth herein. 8.9. All time periods, wherever mentioned herein, shall be of the essence in this Agreement. 8.10. The County, Authority, Leland River Lots Association, and CRG mutually waive consequential damages against the other. Article 9. Duration 9.1. This Agreement is effective on the date first above written, being __________, 2017, and shall continue for a term of twenty-five (25) years thereafter, or until Certificates of Occupancy have been issued for all of the approved lots or building sites on the Authority Property, whichever occurs sooner. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be duly executed under seal and the day and year first above written.

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County of Leelanau

By: Its: Chairperson Board of County Commissioners

By: Michelle L. Crocker Its: County Clerk

Leelanau County Brownfield Redevelopment Authority

By: Mark Walter Its: Chairman

Courthouse Redevelopment Group LLC

By: Its:

Leland River Lots Condominium Association

By: Its:

STATE OF MICHIGAN ) COUNTY OF LEELANAU)

The foregoing instrument was signed before me, a Notary Public, this _____ day of ___________, 2017, by ________________, Chairman, Leelanau County Board of Commissioners, and Michelle L. Crocker, Leelanau County Clerk, on behalf of the County of Leelanau.

____________________________________ Notary Public Leelanau County, Michigan My commission expires:

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STATE OF MICHIGAN ) COUNTY OF LEELANAU)

The foregoing instrument was signed before me, a Notary Public, this _____ day of ___________, 2017, by Mark Walter, Chairman, Leelanau County Brownfield Redevelopment Authority, on behalf of the Leelanau County Brownfield Redevelopment Authority.

____________________________________ Notary Public Leelanau County, Michigan My commission expires:

STATE OF MICHIGAN ) COUNTY OF LEELANAU)

The foregoing instrument was signed before me, a Notary Public, this _____ day of ___________, 2017, by _____________________, Its ________________, and _____________________, Its ________________, on behalf of the Courthouse Redevelopment Group, LLC.

____________________________________ Notary Public Leelanau County, Michigan My commission expires:

STATE OF MICHIGAN ) COUNTY OF LEELANAU )

The foregoing instrument was signed before me, a Notary Public, this _____ day of ___________, 2017, by _____________________, Its ________________, and _____________________, Its ________________, on behalf of the Leland River Lots Condominium Association.

____________________________________ Notary Public Leelanau County, Michigan My commission expires:

N:\Client\Leelanau\Brownfield\Courthouse Redevelopment Sale\Fill Dirt Agreement\Fill Material Placement Agreement 4-13-17.docx

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Attachment “A”

Authority Property Legal Description UNITS 1 through and including 9 of the Leland River Lots Condominium, for which the Restated and Amended Master Deed, which includes Exhibits A and B, is recorded at Liber ________ pages ___ through ___, Leelanau County Register of Deeds. BUT EXPRESSLY EXCLUDING, Units 10, 11 and 12 of the Leland River Lots Condominium, for which the Restated and Amended Master Deed, which includes Exhibits A and B, is recorded at Liber ________ pages ___ through ___, Leelanau County Register of Deeds.

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Attachment “B”

Placement Property Site Legal Description

The parcel in Leland Township, Section 33, Town 30 North, Range 12 West, Tax Property ID #45-009-033-006-10, commonly known as 1095 S. Pit Rd; and legally described as: L355 P988/93 COM NW COR SEC 33 TH N 89 DEG 17' 45" E 525.85 FT TH S 0 DEG 36' 15" E 668.37 FTM/L TO EXISTING SURVEY LN TH S 89 DEG 00' 30" W 525.85 FT TO W LN SEC 33 TH N 0 DEG 36' 15" W 668.37 FT ALG W LN SEC 33 TO POB ALSO COM SW COR SEC 28 AS POB TH N 00 DEG 36' 15" W 160 FT TH N 89 DEG 06' 00" E 525.85 FT TH S 0 DEG 36' 15" E160 FT TH S 89 DEG 17' 45" W 525.85 FT TO POB EXC PRT LYING WLY C/L HWY TOGETHER WITH EASEMENT SECS 28 & 33 T30N R12W.

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Attachment “C”

Tax Parcel Number 45-009-033-006-10, Leland Township

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Page 26: BOARD OF COMMISSIONERS MEETING William J. Bunek, … · 2017-05-03 · BOARD OF COMMISSIONERS MEETING William J. Bunek, Chairman . NOTICE OF MEETING. The Executive Board of Commissioners

EXECUTIVE DOCUMENT SUMMARY

Department:

Contact Person:____________________________

Telephone No.: ____________________________

Source Selection Method

Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________

Document Description

Board/Committee Recommendation Other_________________________________

SuggestedRecommendation:

Department Head Approval:________________________________ Date: ______________________

Submittal Dates

Executive Board: ____________________

Regular Session: ____________________

Budgeted Amount: ____________________ Contracted Amount: __________________

Request to Waive Board Policy on Bid RequirementsRequest to Waive Board Policy on Bid Requirements

Treasurer

John A. Gallagher

2312569838

■05/09/2017

Select One

■ Transfer

$ 0.00

■ Board/Committee Recommendation

Before you today is the Treasurer's annual Land Sale Proceeds report for taxforeclosures. The net sales proceeds available for transfer are $75,759. With the taxforeclosure fund having a fund balance of $753,050, I recommend a transfer of$250,000 to the General Fund.

I recommend to the Board of Commissioners to approve the transfer of $250,000from account 517.000000.999.000 to 101.000000.699.001.

John A Gallagher III

Digitally signed by John A Gallagher III Date: 2017.04.03 09:08:34 -04'00' 04/03/2017 26

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8527 E. Government Center Dr., Suite 104 Suttons Bay, MI 49682 Phone: 231/256-9838 Fax: 231/256-7850 Email: [email protected]

County of Leelanau JOHN A. GALLAGHER III

Leelanau County Treasurer

ANNUAL REPORT OF BALANCE IN LAND SALE PROCEEDS ACCOUNTS

In accordance with MCL 211.78m (8) (h), this written report is presented to the Board of Commissioners.

Net Balance in Land Sale Proceeds Accounts*:

2014 tax year

$ 75,759

Subtotal

$ 75,759

Contingent Liabilities:

Properties of Concern: None Available for transfer to General Fund: $ 75,759

* As of April 3, 2017

This report is prepared by John A. Gallagher III, Leelanau County Treasurer

to be presented to the Leelanau County Board of Commissioners.

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Job Description – Housing Manager Rev. April 2002; May 2017

Page 1 of 3

County of Leelanau Job Description

Housing Coordinator Manager

Supervised By: Planning Director FLSA Status: Non-Exempt General Summary: Under the general direction of the Director of the Planning Department, the Housing Coordinator Manager is responsible for a wide range of grant administration activities. This includes assisting in the planning, developing, implementing and coordinating various State or Federal housing grant applications, regulations and carrying out major grant work requirements. Essential Duties and Responsibilities: Under the general direction of the Director of the Planning and Community Development office, the Housing Coordinator Manager is responsible for a wide range of grant administrative, program development, and public relations activities. This includes assisting in the planning, developing, implementing and coordinating various State, Federal and private housing grant applications, regulations and carrying out major grant work requirements. Duties and responsibilities* Grantsmanship: Assist in preparation of Prepare grant applications for MSHDA’s CDBG, HOME and other MSHDA various housing programs. Research other public and private grant resources and make applications where appropriate for grant and funding opportunities. Management activities with CDBG rehabilitation program and HOME grant activities: Conduct HQS inspections of homes of loan applicants and final inspections of homes Prepare work specifications and cost estimates for the rehab work to be conducted Prepare bid documents for contractors and monitor progress and performance Work with National Park Service and homeowners for the acquisition of homes Assist and/or prepare staff reports for approval of loans and contracts. onitor progress and maintain records Program Development Duties: Coordinate development of non-profit housing development corporation (NPO). Serve as staff support for NPO for Leelanau County.

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Job Description – Housing Manager Rev. April 2002; May 2017

Page 2 of 3

Develop housing marketing and public relations information for public use. Represent Leelanau County as needed on various local and state housing organizations Keep abreast of State and Federal Grant rules and regulations Review and comment on proposed housing legislation, rules and regulations when needed Attend assorted meetings and training sessions at the County, regional or State level Process homeowner loan applications and necessary documents for program eligibility Prepare staff reports on applications, and prepare contracts and loan closing documents Meet with and coordinate with homeowners, contractors and inspectors on the rehabilitation project, inspections, bid results, invoices and final reports Monitor and maintain grant financial activities and file reports (digitally and hard copy files) Work with state and local organizations to coordinate resources and services. Perform a variety of other housing program and grant related activities as assigned. Qualifications and Experience Experience working with State and/or Federal agency grant programs, especially MSHDA. Experience monitoring, tracking, and reporting grants and projects. Proficient in Work, Excel, Adobe Acrobat Good oral and written communication skills, problem solving and troubleshooting skills. Financial experience. Ability to do some travel, attend meetings, and be flexible with a work schedule. Possession of a well rounded education and academic preparation Strong Knowledge of the construction trades, codes, building procedures and work performance Have a good working knowledge of grants, grantsmanship skills, and Have good working knowledge of government operations and not for profit corporations. Good oral and written communications skills, public relations and public policy development Proficient in computer software (word processing, spread sheets date processing, drawing??) Good problem solving, troubleshooting skills, numerical reasoning and analytical skills Knowledge of drafting bid specs for construction work, Lead Hazard Remediation and Abatement, home inspections. Added training items: Certified Home Inspector for HUD Housing Quality Standards. Designing Housing Rehabilitation Specifications Home Rehabilitation Cost Estimating Lead Hazard Remediation and Abatement Training CDBG Grant Administration Principals and Procedures Developing Housing Replacement Programs Historic Home Preservation Practices Building and Construction Code Reviews Contractor Monitoring and Evaluation Community Development Strategies for Small Communities Affordable Housing Options Consolidated Planning and Strategic Housing Planning

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Job Description – Housing Manager Rev. April 2002; May 2017

Page 3 of 3

Grant Environmental Review Procedures

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Job Description – Maintenance Director January 2005; Rev. May 2017

Page 1 of 2

COUNTY OF LEELANAU JOB DESCRIPTION

MAINTENANCE DIRECTOR

Supervised by: County Administrator Supervises: Maintenance, Building & Grounds and County Parks Employees FLSA: Exempt General Summary: Under the general supervision of the County Administrator, directs the activities of the staff assigned to Maintenance, Building & Grounds Department and County Parks. This is a working director’s position where, in addition to directing staff, the director will be expected to perform staff functions. Essential Duties and Responsibilities: An employee in this position may be called upon to perform any or all of the following essential functions. The examples do not include all of the duties which the employee may be expected to perform. An individual must be able to perform each essential function satisfactorily.

• Directs and participates in the activities of the Maintenance/Building & Grounds Department.

• Develops and implements policies and procedures for department operations.

• Develops and monitors the departmental budget.

• Prepares departmental progress reports and special reports as required.

• Supervises, hires, trains, disciplines, and assigns the work of departmental personnel.

• Responsible for ordering and inventorying all departmental supplies.

• May be on 24-hour call, ensuring that County’s buildings & grounds are secured and safe for all foreseeable users and addressing any building maintenance problem that may arise.

• Performs related work as assigned by the County Administrator.Operates and maintains

the sewage and well system for the Government Center Complex.

• Maintains the lake levels of Lake Leelanau at the Leland Dam site, per court-ordered established levels.

Employment Qualifications: The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable individuals with disabilities to perform the job.

Deleted: Employees assigned to

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Deleted: Performs duties as outlined in the “Maintenance Worker” job description.¶

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Deleted: <#>¶<#>¶¶¶Required Knowledge, Skills, Abilities and Minimum

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Job Description – Maintenance Director January 2005; Rev. May 2017

Page 2 of 2

• High school diploma or equivalent.

• Five years building & grounds maintenance experience. • License or ability to become licensed as a Michigan Wastewater Treatment Plant and/or

Municipal Well System Operator. • Knowledge of federal, state and local legislation relevant to the department, including

employee issues, such as ADA, FMLA, and EEO, and a unionized workforce, as well as County rules, regulations, procedures and functions.

• Ability to understand the interrelationships of County functions, and the department’s part in

the larger picture.

• Knowledge in principles and practices of employee relations and development. • Ability to comprehend process and apply both verbal and written skills appropriate for the job. Physical Demands and Work Environment: The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential duties of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. While performing the duties of this job, the employee is regularly required to do the following:

• Stand; walk; use hand to finger, handle, or feel; reach with hands and arms; and talk or hear.

• Stoop, kneel, crouch, or crawl Must frequently lift and/or move objects of moderate to heavy weight.

• While performing the duties of this job, the employee frequently works near moving

mechanical parts and/or heavy equipment. The employee is occasionally exposed to wet and/or humid conditions; high precarious places, fumes or airborne particles, toxic or caustic chemicals; bloodborne pathogens; outside weather conditions; risk of electrical shock and vibration. The noise level in the work environment ranges from quiet to loud during certain assignments.

Deleted: Requirements include the following:¶

Deleted: <#>A valid Michigan vehicle operator’s license.¶

Deleted: .

Deleted: <#>Skill in budget preparation and maintenance.¶

Deleted: <#>Interpersonal skills necessary to deal courteously and effectively with other employees and the public, including the ability to persuade in order to gain concurrence or to resolve problems and gain cooperation.¶

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Deleted: must

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Job Description – Maintenance Worker January 1997; Rev. May 2017

Page 1 of 3

COUNTY OF LEELANAU JOB DESCRIPTION

MAINTENANCE WORKER

Supervised by: Maintenance Director FLSA: Non-Exempt General Summary: Under the general supervision of the County Administrator or the Maintenance Director, performs a variety of cleaning and custodial maintenance tasks to keep assigned County facilities and related areas in a clean and orderly condition. Also performs preventative maintenance and conducts routine repairs of the buildings and equipment and maintains grounds and county parks as assigned. Essential Job Functions: An employee in this position may be called upon to perform any or all of the following essential functions. These examples do not include all of the duties, which the employee may be expected to perform. An individual must be able to perform each essential function satisfactorily.

• Dust mops and wet mops floors and stairways and operates vacuum to clean carpet areas. Spot cleans carpeted areas where necessary.

• Periodically strips floors of old wax, applies fresh wax, and operates power buffer to

polish floors.

• Performs general custodial duties as assigned by the Maintenance Director.

• Cleans and sanitizes drinking fountains and restrooms and floors, replenishing supplies and dispensers as needed.

• Maintains security of buildings and entrances on a regular schedule.

• May perform minor maintenance tasks on electrical, plumbing and heating systems,

boilers, compressors and other building equipment, replacing pipes, belts, bulbs, etc. and performs minor carpentry tasks. Notifies Maintenance Director of safety hazards or major repairs when they are necessary.

• Sets up rooms for meetings in County facilities after regular work hours.

Deleted: an assigned department head

Deleted: Performs

Deleted: Dusts, waxes or polishes furniture, empties ashtrays and wastepaper baskets, and cleans mirrors, glass windows and doors. Takes wastepaper to incinerator area.

Deleted: , securing windows and

Deleted: building

Deleted: after cleaning or

Deleted: immediate supervisor

Deleted: <#>Prepares surfaces for painting and applies paint with a brush or roller.¶

Deleted: <#>May be assigned to perform routine preventative maintenance on County owned vehicles such as changing tires and headlights as assigned.¶¶<#>May serve as lead worker, overseeing the work of temporary, seasonal or contractual help involved in similar activities.¶¶<#>Picks-up and delivers mail to County employees.¶¶Moves furniture to facilitate cleaning, assist in personnel transfers, or rearranges office layout.

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Job Description – Maintenance Worker January 1997; Rev. May 2017

Page 2 of 3

• Removes ice and snow, mows and grooms trails, mows lawns and trims shrubbery, as

conditions dictate, for all County grounds including County Parks.

• May assist in maintenance of the Wastewater Treatment Plan and wellhouse, including irrigation systems, at the Government Center Complex.

• • May maintain and control the Leland Dam at Fishtown, as directed by the County

Administrator or Maintenance Director, ensuring that the lake level is maintained in accordance with court order.

• May be on 24 hour call, as directed by the County Administrator or Maintenance Director, ensuring that County buildings and grounds are secured and safe for all foreseeable users.

• Performs related work as assigned or directed.

Employment Qualifications: In addition to possession of a valid Michigan Operator’s license, the following is required: Education: Work requires a level of knowledge of reading, writing and arithmetic below that

normally attained upon High School graduation. Experience: This is an entry-level classification. One year of building maintenance specific

prior experience is required. One to three month orientation period. Physical Demands and Work Environment: The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential duties of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. While performing the duties of this job, the employee is regularly required to do the following:

• Stand; walk; use hand to finger, handle, or feel; reach with hands and arms; and talk or hear.

• Stoop, kneel, crouch, or crawl Must frequently lift and/or move objects of moderate to heavy weight.

Deleted: .

Deleted: <#>Assists in the preparation of the departmental budget by determining annual needs. Keeps an inventory of cleaning, maintenance and repair materials and orders supplies when necessary.¶

Deleted: water

Deleted: <#>May act as the County parks maintenance manager.¶

Deleted: round-the-clock,

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Job Description – Maintenance Worker January 1997; Rev. May 2017

Page 3 of 3

• While performing the duties of this job, the employee frequently works near moving mechanical parts and/or heavy equipment. The employee is occasionally exposed to wet and/or humid conditions; high precarious places, fumes or airborne particles, toxic or caustic chemicals; bloodborne pathogens; outside weather conditions; risk of electrical shock and vibration. The noise level in the work environment ranges from quiet to loud during certain assignments.

Deleted: ¶

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