January 26, 1999

DATE 01/26/1999	The Clinton County Board of Commissioners met Tuesday, January 26, 1999 at 7 p.m. with Chairperson Hawks presiding.
INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL	Diane Zuker, County Clerk gave the invocation. The pledge of allegiance was given to the flag. Roll was called and a quorum reported. Present were John Arehart, Russel H. Bauerle, Richard Hawks, Scott A. Hummel, Larry Martin and Mary Rademacher. Sara Clark Pierson was excused.
COUNTY PERSONNEL	Dave Benda, Jeanette Smith and Jim Fyvie.
VISITORS	Gary Webster
MINUTES OF 01/07/1999	The minutes of January 7, 1999 were presented. BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Hummel to approve the minutes as presented. Motion carried.
CLOSED SESSION MINUTES OF 01/14/1999 & 01/21/1999	The Finance and Personnel Committee meeting closed session minutes of January 14^th and January 21^st, 1999 were presented. BOARD ACTION: Commissioner Martin moved, supported by Commissioner Rademacher to approve the closed session minutes. Motion carried.
AGENDA	BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Rademacher to approve the agenda as printed. Motion carried.
COMMUNICATIONS	There were no communications.
ADMINISTRATOR’S REPORT	Dave Benda, Administrator gave the following report: Administrator Bend was recently appointed to serve on the Supreme Court Buildings Standards Committee
PUBLIC COMMENTS	There were no public comments.

ZONING	Gary Webster of Associated Government Services presented the following zoning matter for the month of January:
PC-01-01-99 SPECIAL USE PERMIT RICHARD & FAITH ENGEL OLIVE TOWNSHIP SECTION 34 APPROVED	PC-01-01-99 Richard and Faith Engel request for Special Use Permit in Section 34 of Olive Township to permit the construction of an addition for medical hardship. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Bauerle to concur with the recommendation of the Planning Commission and approve the Special Use Permit. Discussion followed. Voting on the motion by roll call vote, those voting aye were Arehart, Hummel, Rademacher, Bauerle, Martin and Hawks. Six ayes, zero nays, one excused. Motion carried.
PA 116 FARMLAND APPLICATION ROBERT J. & MARY LU BOETTGER ESSEX TOWNSHIP	Farmland application 99-1 submitted by Robert J. and Mary Lu Boettger in Section 24 of Essex Township was reviewed. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Rademacher to approve the farmland application submitted by Robert J. and Mary Lu Boettger. Motion carried.
PA 116 PARTIAL RELEASE LARRY, CATHERINE, WAYNE AND MARGERY WEBSTER GREENBUSH TOWNSHIP	Larry, Catherine, Wayne and Margery Webster submitted an application under PA 116 for withdrawal of approximately 8 acres of land in Section 12 of Greenbush Township including a house, barn and two small outbuildings. BOARD ACTION: Commissioner Martin moved, supported by Commissioner Bauerle to approve the request for withdrawal as submitted. Motion carried.
APPROVAL OF COMMISSIONERS EXPENSE ACCOUNTS FOR JANUARY	Commissioner’s expense accounts for the month of January were presented. BOARD ACTION: Commissioner Rademacher moved, supported by Commissioner Arehart to approve the expense accounts as presented. Motion carried.
COMMITTEE REPORTS:	The following are reports of Committee meetings:
PHYSICAL RESOURCE COMMITTEE MEETING	Commissioner Bauerle, Chairperson of the Physical Resource Committee reported on a meeting held January 19, 1999.
AGENDA APPROVED	Chairperson Bauerle called the meeting to order. COMMITTEE ACTION: Commissioner Martin moved, supported by Commissioner Rademacher to approve the agenda as printed. Motion carried.
PUBLIC COMMENTS	Chairperson Bauerle requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Bauerle requested the Administrator’s report. Administrator Benda had nothing to report.
COMMUNITY PLANNING PRINCIPALS	Chairperson Bauerle introduced correspondence received from the Michigan Society of Planning Officials regarding Quality Community Planning in the State of Michigan and Community Planning Principles. The Committee requests a recommendation from the Planning Commission regarding the adoption of the Community Planning Principles. Commissioner Martin will refer the issue to the Planning Commission.

REAPPOINTMENT OF MS. JEANNE TEMPLE TO THE HISTORICAL COMMISSION	Chairperson Bauerle introduced discussion regarding a three-year term expiration on the Historical Commission. Ms. Jeanne Temple, current member, is interested in reappointment. Her attendance record is good. COMMITTEE RECOMMENDATION: Commissioner Martin moved, supported by Commissioner Rademacher to recommend the reappointment of Ms. Jeanne Temple to the three year term on the Historical Commission effective March 1, 1999. Motion carried. BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Rademacher to reappoint Ms. Jeanne Temple to the Historical Commission. Chairperson Hawks called for further nominations. None were offered. Motion carried.
PLANNING EFFORT FOR AGRICULTURAL PRESERVATION	Chairperson Bauerle introduced Mr. Jim Foulds regarding a planning effort for Agricultural Preservation. Mr. Foulds presented "The Clinton County Initiative" as attached. Mr. Foulds requested that the Clinton County Board of Commissioners authorize the submission of a Resolution of understanding to the 13 General Law Townships and 3 Charter Townships which Acknowledges the need for a county wide agricultural and open space preservation effort. Supports the creation of an agricultural and open space stakeholder committee to research, educate, and recommend feasible strategies. COMMITTEE ACTION: Commissioner Martin moved, supported by Commissioner Rademacher to recommend the following Resolution to the Finance and Personnel Committee: Motion carried. WHEREAS, the Clinton County Board of Commissioners believes it is important to preserve agricultural land and open space within Clinton County, and WHEREAS, the Clinton County Board of Commissioners desires to support and coordinate an educational and research effort to preserve agricultural land and open space, and WHEREAS, the Clinton County Board of Commissioners is requesting that governmental jurisdictions within Clinton County adopt a resolution of endorsement for this agricultural and open space preservation effort, NOW THEREFORE BE IT RESOLVED, that ________________ supports the effort of the Clinton County Board of Commissioners to create an Agricultural and Open Space Preservation Committee to research, review, discuss, and recommend appropriate preservation strategies for Clinton County.
PUBLIC COMMENTS	Chairperson Bauerle requested limited public comments. Mr. Giles Roehl stated that he has a video available in his office on Farmland Preservation presented by Farm Bureau.
COMMISSIONER’S COMMENTS	Chairperson Bauerle requested Commissioner comments. There were no commissioner comments.

BUILDING COMMITTEE MEETING	Commissioner Martin, Chairperson of the Building Committee reported on a meeting held December 21, 1998.
AGENDA APPROVED	Chairperson Martin called the meeting to order with an addition to the agenda called, "What’s In A Name". COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Martin to approve the agenda as printed. Motion carried.
PUBLIC COMMENTS	Chairperson Martin requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Martin requested the Administrator’s report. Mr. Benda reported as follows: All resolutions between the City of St. Johns and Clinton County have been passed, with signing between the City of St. Johns and the County for the ground lease at 2:00 p.m. on Tuesday, December 22, 1998. The County has the bond sale for the courthouse scheduled for January 11, 1999. We have not received a rating from the bond agencies in New York. We now have the M-21 application ready to be hand delivered to MDOT with the contractor’s name on the contract.
M-21/MDOT APPLICATION	Chairperson Martin introduced discussion of the M-21/MDOT application. Commissioner Arehart requested an explanation from Spicer Engineering regarding the status of the M-21/MDOT application. The principal on the project from Spicer Engineering was unable to attend our meeting. A junior representative could not report on the turn-around time, but stated that Spicer Engineering had received preliminary approval from MDOT for the Courthouse project. The paperwork was not sent to MDOT because we did not have the contractor’s name. Commissioner Arehart requested Spicer Engineering to attend the next Building meeting with a complete report on the M-21/MDOT application.
PROJECT TIME SCHEDULE UPDATE	Chairperson Martin requested an update on the project time schedule. A construction schedule report was presented by the project engineer from Clark Construction. Design activities for the building were discussed. Bid packages will be awarded on the 10^th of February. Excavation work is 80% complete. Site work – first concrete was completed today. Dewatering began last Friday, and is working well. Bid and Award Activity update given Report given on: - Shop and fabrication activity - Construction activity - Close-out activity - Architectural enclosure and interior finishes Occupancy in March of 2000.

BUDGET UPDATE	Chairperson Martin requested a budget update. Clark Construction presented a budget update showing a contingency of $700,000. The elevator package is a few thousand higher than estimated. Sitework - an additional $45,000 for dewatering has been authorized. The building is being raised 2 1/2 feet because of the water table.
FOUNDATION UPDATE	Chairperson Martin requested foundation information. The dewatering of the building was discussed. C.W. Butler, MIS Director, noted concern with the garden level and the computer department. Moisture would be a problem for his area. The raising of the foundation 30" should alleviate the water issues. The contractor estimates the dewatering cost to be closer to $30,000.
PARKING ISSUES	Chairperson Martin introduced discussion regarding parking issues. Commissioner Arehart requested discussion regarding parking on McConnell Street and behind the Wilson Center. Mr. Dick Tate, St. Johns Superintendent of Schools, noted concerns from the school and what their estimated parking will be at the Wilson Center. The school is interested in working with the County on parking needs. Mr. Tate will discuss parking with the School Board.
RECOMMENDATION TO BUILDING AUTHORITY TO AWARD ELEVATOR PACKAGE	Chairperson Martin introduced discussion of Bid Package #5 – Elevators. The bids were received on Friday, December 18, 1998. Schindler Elevator $270,807.00 Otis Elevator $292,650.00 Dover Elevator $299,967.00 Clark Construction’s recommendation for the award of this contract is to Otis Elevator based on the following considerations: Only contractor to bid the specified unit Interviews with Otis and Schindler representatives Long term maintenance cost (ram covered by maintenance contract) Unknown location of bed rock which could increase the cost of bore for cylinder. COMMITTEE RECOMMENDATION: Commissioner Arehart moved, supported by Commissioner Hawks to recommend to the Building Authority to accept the recommendation of Clark Construction awarding Bid Package #5 – Elevators, to Otis Elevator at a cost of $292,650. Motion carried.
CLARK CONSTRUCTION NEWSLETTER	Clark Construction Newsletter was distributed on the new Courthouse Center.

NAMING OF THE NEW BUILDING	Chairperson Martin introduced discussion regarding "What’s In A Name." Administrator Benda noted that we need to officially name the new building. No action taken. Chairperson Hawks introduced discussion at the Board meeting regarding the naming of the new building. BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Martin to maintain the current name "Clinton County Courthouse" for the new building. Discussion followed. Commissioner Rademacher stated that she is opposed to keeping the same name due to housing other offices i.e. City and possibly other Federal or State offices. Motion carried. Commissioner Rademacher voted no.
ELECTRICAL/MECHANICAL ISSUES	Chairperson Martin introduced Mr. Brian Knox, Engineer, from Wigen, Tincknell Meyer & Associates, Architects and Planners. A meeting was scheduled regarding communication issues. It has been decided to relocate the radio room to the mechanical area. The emergency lighting, elevator, sump pumps, and air handler are tied into the emergency generator. The UPS system for the 911 center and phones are tied to uninterrupted power system. This allows the generator to come up to speed as a safety factor. Cabling may need to be revisited and will be a separate bid package. Placement of data processing must be determined soon. Building Security for the building - do we have a security system that County wants to stay with. No action taken.
PUBLIC COMMENTS	Commissioner Martin requested limited public comments. There were no public comments.
COMMISSIONER’S COMMENTS	Commissioner Martin requested commissioner comments. There were no Commissioner comments.
BUILDING COMMITTEE MEETING	Commissioner Martin, Chairperson of the Building Committee reported on a meeting held January 11, 1999.
AGENDA APPROVED	Chairperson Martin called the meeting to order. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Hawks to approve the agenda as printed. Motion carried.
PUBLIC COMMENTS	Chairperson Martin requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Martin requested the Administrator’s report. The following was reported: $14,500,000 – Clinton County Building Authority – State Of Michigan - 1999 Building Authority Bonds (General Obligation – Limited Tax) were sold for an effective combined interest rate of 4.8161%.
SHERIFF REQUEST TO SELL CONFERENCE ROOM CHAIRS	Chairperson Martin introduced a request from Sheriff Hengesh regarding the sale of ten conference room chairs to Bath Township for $10 per chair. Discussion followed regarding usage of the chairs within the county. The Committee referred discussion to Finance and Personnel.
TIME SCHEDULE UPDATE	Chairperson Martin introduced discussion regarding the update on the time schedule of the courthouse project. The cold weather has slowed down the project, but overall, is on schedule. Budget and schedule will be firmed up within the month. Interior footings being constructed.
BUDGET UPDATE	Chairperson Martin introduced a request for the budget update. Clarke Construction presented a budget summary. The Committee requested the anticipated draws from Clark Construction as soon as possible. Mr. Randy Jobin will work on the draws tomorrow and report to the County Treasurer.
CLOCK TOWER PROGRESS	Commissioner Arehart questioned the progress of the clock tower. The Architect noted the current status of the mechanism research. The clock works decision as to original or reproduction has not been made.
PARKING ISSUES	Chairperson Martin introduced discussion regarding parking issues. Commissioner Arehart stated that the St. Johns School Board will not enhance the parking lot at RBW at the present time. Mr. Arehart suggests plans be drawn for 50 parking spaces on McConnell Street. Clarke Construction noted that the site work needs to be bid as soon as possible and McConnell Street needs to be added. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Hawks to authorize the drafting of plans for McConnell Street for increased parking, excluding the RBW parking lot, to be included in the site work bid package. Information should be received from the City of St. Johns regarding the plan. Motion carried.
THELEN PROPERTY AND LANDSCAPING CONCERNS	Chairperson Martin introduced discussion regarding the Ed Thelen’s property and landscaping concerns. The City of St. Johns will submit a plan for additional trees on Mr. Thelen’s property.
SPICER ENGINEERING UPDATE ON MDOT PERMIT PROCESS	Chairperson Martin introduced Spicer Engineering with an update on the MDOT permit process. Verbal authorization was received from MDOT regarding Plans. Plans submitted, with concern regarding stacking of traffic turning left. (A wait and see situation regarding traffic). Permit to MDOT has been submitted. Have not received approval in writing. City of St. Johns issues – (re-note trees being saved on plan) per John Mills, City engineer City engineer requires all pavement on Linden and Maple Streets being capped at the same time new concrete is installed. (Repave streets) Cleanouts on sanitary service – no problems Cold milling vs. tear out Install additional fire hydrant per cities request

PROJECT CHANGES	Chairperson Martin introduced discussion on additional changes being made. The Architect noted elimination of gutters on the building and level of water being received in the basement areas. The Architect miscalculated and there is a need for steel clearances in the circuit courtroom – bumping one bay over the courtroom, fourth level. John Myer is addressing the issue (12’4" height in Courtroom). Will request a revised number from steel.
COMMUNICATIONS RECEIVED FROM CENTRAL DISPATCH AND CLARK CONSTRUCTION	Chairperson Martin introduced correspondence received regarding the Central Dispatch 911 Operation Center and Clark Construction meeting minutes. No action requested.
PUBLIC COMMENTS	Chairperson Martin requested limited public comments. There were no public comments.
COMMISSIONER’S COMMENTS	Chairperson Martin requested Commissioner comments. There were no commissioner comments.
BUILDING COMMITTEE MEETING	Commissioner Martin, Chairperson of the Building Committee reported on a meeting held January 25, 1999.
AGENDA APPROVED	Chairperson Martin called the meeting to order with an addition on parking requested. Commissioner Arehart moved, supported by Commissioner Hawks to approve the revised agenda. Motion carried.
PUBLIC COMMENTS	Chairperson Martin requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Martin requested the Administrator’s report as follows: Moody’s Investors Service has offered an application for Municipal General Obligation & Revenue Bonds Preferred Pricing. We would apply for a Moody’s Municipal Bond Rating and receive a price break due to this being our second issue this year.
CLARK CONSTRUCTION REQUEST TO DISTRIBUTE "COURT REPORTER NEWSLETTER"	Chairperson Martin introduced a request from Clark Construction for approval to distribute their monthly "Court Reporter Newsletter". The Committee concurred with the request. A mailing list was provided to Clark Construction.
COURTHOUSE MONTHLY REPORT	Chairperson Martin requested the Courthouse monthly report from Clark Construction. A monthly report was presented by the project manager. Discussion followed regarding: Project Summary Cost Report Construction Schedule Construction Photographs The work is proceeding at an acceptable rate and quality at this time. We have used approximately $199,000 of contingency to date.

SPICER ENGINEERING STATUS OF M-21/MDOT PERMIT	Chairperson Martin introduced discussion with Spicer Engineering regarding the status of the M-21/MDOT permit. Spicer Engineering reported that we have received approval from MDOT, with a permit expected by next week.
PARKING UPDATE	Chairperson Martin introduced discussion regarding parking. Commissioner Arehart requested an update from Spicer Engineering on Parking on McConnell Street. The City of St. Johns and Spicer Engineering are working to maximize the parking between Wight and Clinton Streets, and on storm water detention for the increased area. There was discussion regarding curb realignment and signage. A schematic will be completed for the next meeting.
BRICK SELECTION FOR NEW BUILDING	Chairperson Martin introduced discussion regarding the brick selection for the building. The Architect has selected Mountain Red and Coppertone Brick. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Martin to accept the recommendation of the Architect, with the exterior roof being a shade of Green to be determined at a later date. Motion carried.
PUBLIC COMMENTS	Chairperson Martin requested limited public comments. There were no public comments.
COMMISSIONER’S COMMENTS	Chairperson Martin requested Commissioner comments. There were no commissioner comments.
FINANCE & PERSONNEL COMMITTEE MEETING	Commissioner Arehart, Personnel Chairperson reported on a Finance and Personnel Committee meeting held January 7, 1999.
AGENDA APPROVED	Chairperson Pierson called the meeting to order with additions to the agenda noted. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Bauerle to approve the agenda as printed. Motion carried.
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Pierson requested the Administrator’s report as follows: DeWitt Township requested information regarding computer compliance for the year 2000. The County’s Y2K Plan is in place, and we are continuing to work towards scheduled changes to be completed by mid 1999. The county MIS and 911 Directors will monitor and evaluate the interfacing equipment to ensure 911 entering the new millennium without problems. The County also plans to reach out to local units regarding compliance. A meeting is being planned for local units, with Mr. Steve Lehman, Emergency Services Coordinator, assisting with coordination of the meeting. Rating received from Moody’s. Moody’s assigns A2 Rating to Clinton County Building Authority (MI) $14,500,000 1999 General Obligation Limited Tax Government Center Bonds. There was no change received from Standard and Poor’s (A+ for unlimited, limited A - unchanged from 1991) Will discuss appealing with STAUDER/BARCH & ASSOCIATES, Inc., public financial consultants. Arbitration Award, County of Clinton and Capitol City Lodge No. 141 of The Fraternal Order of Police. The employer was successful. Although deemed arbitrable, the grievance was denied on its merits.
RESOLUTIONS RECEIVED FROM CHARLEVOIX AND ANTRIM COUNTY	Chairperson Pierson introduced the following Resolutions received from: Charlevoix County – support of Mental Health Carry Forward, Senate Bill 1170 Antrim County – Requests the State of Michigan return a percentage of the funds collected back to the counties in which funds are being generated for leasing of state land for oil and gas development, royalty payments from oil and gas production and a severance tax. COMMITTEE ACTION: Commissioner Rademacher moved, supported by Commissioner Arehart to authorize accepting the resolutions and placing on file. Motion carried.
EMPLOYEE BENEFITS DISCUSSION REGARDING OUT OF NETWORK PROVIDERS TABLED 12/18/1998 AND REFERRED TO COMMITTEE FOR DISCUSSION AND RECOMMENDATION	Chairperson Arehart introduced discussion regarding a board referral on employee benefits. Discussion followed in reference to the county insurance plan and out of network costs. The Committee concurred to not change the policy. Administration will assist in writing the doctors requesting reduced rates for the employee. COMMITTEE RECOMMENDATION: Commissioner Pierson moved, supported by Commissioner Hummel to recommend the denial of Ms. Loynes request and reaffirm the employee benefit plan as is. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Martin to remove this matter from the table. Motion carried. Commissioner Arehart moved, supported by Commissioner Rademacher to concur with the recommendation of the committee to deny Ms. Loynes request and reaffirm the employee benefit plan as is. Discussion followed. Commissioner Arehart noted that the County requested Howard Weyers, CEO of Weyco, Inc. to assist Ms. Loynes with her out of network costs and that Mr. Weyers has been able to work through the majority of the bills with Ms. Loynes to her satisfaction. Motion carried.
MAC WINTER LEGISLATIVE CONFERENCE SET FOR FEBURARY 7-9, 1999	Chairperson Pierson noted that the MAC Winter Legislative Conference is February 7 through February 9, 1999. All interested commissioners should contact Jenny Smith if interested in attending.
RESOLUTION 1999-1 TREASURERS DEPOSIT AND INVESTMENT RESOLUTION	Chairperson Pierson introduced County Treasurer Devereaux regarding the Deposit and Investment Resolution. COMMITTEE RECOMMENDATION: Commissioner Rademacher moved, supported by Commissioner Martin to recommend adoption of the Deposit and Investment Resolution presented by the County Treasurer, Annette Devereaux. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Martin to concur with the committee recommendation. Motion carried. (INSERT RESOLUTION)
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.

COMMISISONER’S COMMENTS	Chairperson Pierson requested Commissioner comments. Commissioner Hawks discussed the gas and oil lease resolution received from Antrim County. The State puts monies into recreational funds from State Land affected by gas and oil leases. Commissioner Hawks stated that the Board of Water and Light has purchased the Bath Water System. There is a proposal from the Board of Water and Light to deposit money to offset bonds through the DPW. The County and Bath Township’s obligation will be lifted when bonds are paid by the Board of Water and Light. Mr. Jim Kiefer will explain the purchase to the Finance and Personnel Committee in the near future. Commissioner Martin introduced discussion regarding the Regional Growth Trends Steering Committee report. He is meeting tomorrow, with a report given at a future Finance and Personnel Committee. Commissioner Hawks noted that the State has bought land in Clinton County through Property Development Rights. Commissioner Hawks noted a meeting regarding Mr. Malkin’s property. Currently zoning violations are outside the home. Mr. Gary Webster, Planning and Zoning, will file a report on the house. After the report is filed, the Health Department will be able to check the status of the home.
FINANCE & PERSONNEL COMMITTEE MEETING	Commissioner Arehart, Personnel Chairperson reported on a Finance and Personnel Committee meeting held January 14, 1999.
AGENDA APPROVED	Chairperson Pierson called the meeting to order. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Rademacher to approve the agenda as printed. Motion carried.
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Pierson requested the Administrator’s report as follows: Administrator Benda presented a summary of Supreme Court Administrative Order 1998-5 regarding court personnel and funding issues. Administrator Benda gave an update of the Gary Vandenberg proposal. If Bingham Township approves the proposal, a legal opinion will be requested.
LAND USE SEMINAR SET FOR JANUARY 25, 1999	Chairperson Pierson introduced Mr. Giles Roehl, Extension Director, regarding a land use seminar at Smith Hall on January 25, 1999 at 1:00 p.m.. This seminar is being held in cooperation with the Clinton County Farm Bureau, Michigan Farm Bureau and MSU Extension. No action requested.
DISTRICT COURT REQUEST TO INCREASE PER DIEM FOR MANDATED CALL SERVICES FOR WEEKEND AND HOLIDAY SERVICE	Chairperson Pierson introduced correspondence received from District Court Magistrate, Anthony Hufnagel, requesting an increase from $30.00 to $35.00 for per diem for mandated on call services for weekend/holiday service. COMMITTEE RECOMMENDATION: Commissioner Bauerle moved, supported by Commissioner Martin to recommend per diem for District Court magistrates to be consistent with existing per diems within the County. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Hummel to concur with the committee recommendation. Motion carried.

AMENDMENT TO SUMMARY PLAN DESCRIPTION AND PLAN DOCUMENT OF EMPLOYEE BENEFIT PLAN TO BE EXEMPT FROM WOMAN’S HEALTH AND CANCER RIGHT’S ACT OF 1998	Chairperson Pierson introduced correspondence received from Ms. Therese Koenigsknecht, Insurance Coordinator, regarding Woman’s Health and Cancer Right’s Act of 1998. This act is part of the Health Reform Act of 1996, which includes HIPAA. An amendment is needed to state that Clinton County will not comply with the act. Section 146.180 of the HIPAA regulations allows a non-federal governmental plan to elect to be exempt from any or all of the requirements of the Health Insurance Portability and Accountability Act of 1996(HIPAA) COMMITTEE RECOMMENDATION: Commissioner Arehart moved, supported by Commissioner Rademacher to recommend to amend the Summary Plan Description and Plan Document of their Employee Benefit Plan electing to be exempt from the Woman’s Health and Cancer Right’s Act of 1998. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Bauerle to concur with the committee recommendation. Motion carried.
CLINTON COUNTY 4-H AND YOUTH FAIR PROJECTS FOR 1999	Chairperson Pierson introduced correspondence received from Mr. Larry Kindel, President of the Clinton County 4-H and Youth Fair, regarding proposed projects for 1999. COMMITTEE ACTION: Commissioner Martin moved, supported by Commissioner Bauerle to authorize the 1999 projects. Additional funds from the county are not being requested. Motion carried.
CORRESPONDENCE FROM POAM UNION OFFICERS	Chairperson Arehart introduced correspondence received with the POAM union officers listed for 1999. No action requested.
FREEDOM OF INFORMATION ACT POLICY AND PROCEDURES	Chairperson Pierson introduced a proposed policy for Freedom of Information Act Requests. COMMITTEE RECOMMENDATION: Commissioner Rademacher moved, supported by Commissioner Bauerle to recommend the attached Policy and Procedures – Freedom of Information Act Requests. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Hummel to concur with the committee recommendation. Motion carried. (INSERT FOIA POLICY)
CENTRAL DISPATCH REQUEST TO PURCHASE 800 MHz RADIOS FOR CAPITAL CITY AIRPORT AUTHORITY	Chairperson Pierson introduced a request from Mr. Jim Fyvie, Central Dispatch Director, for the purchase of 800 MHz radios for the Capital City Airport Authority on our county-wide communication system. The Law Enforcement Subcommittee unanimously approved a motion to request the Authority Board to forward a recommendation to the Board of Commissioners recognizing Capital City Airport Authority the same as other law enforcement and fire agencies within the county. COMMITTEE RECOMMENDATION: Commissioner Arehart moved, supported by Commissioner Bauerle to recommend recognizing Capital City Airport Authority the same as other law enforcement and fire agencies within the county, increasing the total Communication System Project cost by $13,518 to permit the purchase of 3 mobiles and 4 portable radios for Capital City Airport Authority. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Hummel to concur with the committee recommendation. Motion carried.
SHERIFF REQUEST TO SELL CHAIRS TO BATH TOWNSHIP	Chairperson Pierson introduced a Building and Grounds referral regarding ten chairs to be sold to Bath Township for $10 each. COMMITTEE ACTION: Commissioner Martin moved, supported by Commissioner Rademacher to authorize selling ten chairs to Bath Township for $10 each. Motion carried.
CLOSED SESSION REGARDING CLINTON COUNTY VS. GRANGER LITIGATION	Chairperson Pierson introduced a request for closed session regarding litigation with Granger Companies. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Hummel to proceed to closed session to discuss litigation with Granger Companies . Motion carried.
OPEN SESSION	Chairperson Pierson introduced a request to return to open session. COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Rademacher, to return to open session. Motion carried.
LETTER TO GRANGER REGARDING THE SALE OF THE RECYCLING TRUCK	COMMITTEE ACTION: Commissioner Arehart moved, supported by Commissioner Rademacher to authorize the attorney drafted letter from Commissioner Hawks to be sent to Granger in response to the sale of the recycling truck. Motion carried.
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.
COMMISSIONER’S COMMENTS	Chairperson Pierson requested Commissioner comments. Commissioner Bauerle stated that 25% of the Road Commission’s overtime budget has been used on snow removal. Commissioner Bauerle stated that he and Commissioner Hummel toured county offices and received a good response from the employees. Commissioner Pierson stated that Economic Development should be addressed in the near future. Commissioner Hawks talked with the Congregational Church regarding parking Commissioner Rademacher stated we should check with Father Lunsford on parking near the Catholic Church.

FINANCE & PERSONNEL COMMITTEE MEETING	Commissioner Arehart, Personnel Chairperson reported on a Finance and Personnel Committee meeting held January 21, 1999.
AGENDA APPROVED	Chairperson Pierson called the meeting to order with an addition to the agenda regarding the Granger Lawsuit. COMMITTEE ACTION: Commissioner Bauerle moved, supported by Commissioner Arehart to approve the revised agenda. Motion carried.
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.
ADMINISTRATOR’S REPORT	Chairperson Pierson requested the Administrator’s report as follows: Administrator Benda reported that a meeting was held yesterday with the Construction Manager and Architect regarding the interior of the Courthouse. There will be five separate interior packages let out for bid approximately on January 25, 1999. We expect to receive interior bids in mid-February. Administrator Benda stated that the Building Committee meeting on Monday will go over the detail of the interior packages.
RESOLUTION 1999-2 APPROVING THE DEPARTMENT OF PUBLIC WORKS ENTERING INTO A CONTRACT WITH RESPECT TO THE BATH CHARTER TOWNSHIP WATER PROJECT	Chairperson Pierson introduced Mr. James Kiefer, Dykema Gossett - Bond Counsel, representing the Bath Charter Township Water Project. An agreement between the Board of Water and Light and Bath Charter Township was presented for review. COMMITTEE RECOMMENDATION: Commissioner Hummel moved, supported by Commissioner Bauerle to recommend adoption of the Resolution Approving The Department Of Public Works Entering Into A Contract With Respect To The Bath Charter Township Water Supply Project, contingent on approval by the DPW Board on Thursday, January 28, 1999. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Martin to concur with the committee recommendation. Motion carried. (INSERT RESOLUTION)
PLANNING AND ZONING UPDATE	Chairperson Pierson introduced Mr. Gary Webster, Planning and Zoning Director, regarding an update of the following: Soil Erosion and Sedimentation Control Mr. Webster presented an evaluation received from the Department of Environmental Quality on the Soil Erosion and Sedimentation Control Program. An outstanding evaluation was received from the State. Discussion regarding increasing platted area inspections followed. Administration and Planning will work on proposed fees. Victor Township – Status of Malkin Ordinance Violation. Mr. Webster wrote a letter to the Health Department regarding the Malkin property. Zoning outlined the previous cleanup completed by Clinton County and the current status of the property. The Health Department will have a metting with the County Prosecutor and Township Supervisor regarding the property. An Administrative Warrant to inspect the inside of building will be issued.

RESOLUTION 1999-3 FARMLAND AND OPEN SPACE PRESERVATION	Chairperson Pierson introduced a Physical Resource referral on Farmland and Open Space Preservation. Mr. Jim Foulds, Planner, lead the discussion, with the adoption of the following Resolution recommended: WHEREAS, the Clinton County Board of Commissioners believes it is important to preserve agricultural land and open space within Clinton County, and WHEREAS, the Clinton County Board of Commissioners desires to support and coordinate an educational and research effort to preserve agricultural and open space, and WHEREAS, the Clinton County Board of Commissioners is requesting that governmental jurisdictions within Clinton County adopt a resolution of endorsement for this agricultural and open space preservation effort, NOW THEREFORE BE IT RESOLVED, that ________________ supports the effort of the Clinton County Board of Commissioners to create an Agricultural and Open Space Preservation Committee to research, review, discuss and recommend appropriate preservation strategies for Clinton County. COMMITTEE RECOMMENDATION: Commissioner Bauerle moved, supported by Commissioner Arehart to recommend adoption of the aforesaid Resolution on Agricultural Land and Open Space. Motion carried. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Bauerle to concur with the committee recommendation. Discussion followed. Commissioner Hummel expressed concerns regarding the timeliness of this issue in light of the long range planning recommendation. Motion carried. (INSERT RESOLUTION)
CLOSED SESSION REGARDING GRANGER LITIGATION	Chairperson Pierson requested a motion to go into closed session regarding current litigation with Granger. COMMITTEE ACTION: Commissioner Bauerle moved, supported by Commissioner Martin to proceed to closed session for litigation discussion. Motion carried. Commissioner Arehart moved, supported by Commissioner Bauerle to return to open session. Motion carried.
PUBLIC COMMENTS	Chairperson Pierson requested limited public comments. There were no public comments.
COMMISSIONER’S COMMENTS	Chairperson Pierson requested Commissioner comments. There were no commissioner comments.

BOARD MEETING
AUDIT, PAYROLL AND GENERAL FUND WEEKLY BILLS	The audit was conducted with bills totaling $594,462.20 plus payroll of $720,248.10 and general fund weekly bills totaling $498,389.26 for a grand total of $1,813,099.56. BOARD ACTION: Commissioner Arehart moved, supported by Commissioner Bauerle to approve the audit, payroll and general fund weekly bills. Motion carried.
COMMISSIONER’S COMMENTS	Chairperson Hawks reported that arrangements were made with Granger to schedule a meeting for this morning between Granger and Commissioners Bauerle, Pierson and Hawks to discuss Granger’s background, their concerns about the Granger’s business climate and how things have changed. Another meeting has been scheduled for next Wednesday, February 3^rd. At this meeting the Contracts and MOU’s will be discussed. Commissioner Hawks also noted that as of today the County has not received the Court Ordered monies from Granger. Chairperson Hawks stated that the parking issues are not going well. The County may have to use whatever is available.
ADJOURNMENT	BOARD ACTION: With no further business to come before the Board, Commissioner Martin moved, supported by Commissioner Rademacher to adjourn. Motion carried. ___________________________ Diane Zuker, County Clerk NOTE: These minutes are subject to approval on February 23, 1999.