March session 2002

JANUARY SESSION 2004
MIDLAND COUNTY BOARD OF COMMISSIONERS
JANUARY 20, 2004
APPROVED
Board called to order by Chairman, Otis G. Wilson, at 6:00 p.m.
Pledge to the Flag was given.
Invocation by Commissioner Chaplain, Rose Marie McQuaid.
ROLL CALL
MEMBERS PRESENT: SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, WILSON.
MEMBERS ABSENT:
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6:05 P.M. - PUBLIC COMMENTS.
SEVERAL CITIZENS ADDRESSED THE BOARD OF COMMISSIONERS WITH THE FOLLOWING COMMENTS:
Wynne Downing, Midland County Treasurer, spoke regarding an article in the Midland
Daily News on Sunday, regarding County Nepotism Policy and Travel.
Jamie Boos, thanked the Board of Commissioners for having one evening meeting a
month. Spoke in opposition of the Jail Site. Alternatives have been suggested to
the Board of Commissioners.
Kristen Gregory, Appreciates evening meeting. Spoke in opposition of the Jail
Project. Is not in favor of the Pinecrest Site.
LuAnn VanSickle, Spoke in opposition to the Jail.
Michelle Arthur, Spoke in opposition to the Jail.
Terri King, Spoke in opposition to the Jail Site.
Tom Wright, Spoke in opposition to the Jail Site.
Mike Rogers, Spoke in opposition to the Jail and financing the Jail.
Jackie Albee, Spoke in opposition to the Jail and Citizens being misunderstood by the
Board of Commissioners.
Sherry Wood, Appreciates the night meetings and 2nd public comment time. Spoke in
opposition to the Jail Site.
Julie Atkinson, Spoke in opposition to the Jail Plan.
Roger Halstead, Spoke in opposition to the Jail. He questioned radio frequency
problems and environmental issues.
Joyce Halstead, Thanked the Board of Commissioners for having evening meetings.
Spoke in opposition of the Jail Plan.
Sharon Kilgore, Thanked the Board of Commissioners for having evening meetings.
Spoke in opposition of the Jail Financial requirements and the Jail Site.
Susan Drumright, Spoke in opposition to the Jail Site.

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PRESENTATION – COUNTY TREASURER – PROPERTY TAXES INFORMATION ON THE COUNTY’S WEB
PAGE.
Wynne Downing, Midland County Treasurer, recognized the Information Systems
Department for their hard work on implementing this new system to serve the citizens
of Midland County.
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2 JANUARY

CLOSED SESSION – LABOR NEGOTIATIONS.
CLOSED SESSION ADDRESSED AT THE END OF THIS BOARD SESSION.

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JAIL ISSUES

APPROVAL OF BILLS.
REPORT FROM COMMITTEE ON CLAIMS AND ACCOUNTS.
12/30/03
REGULAR $176,399.54
01/08/04
671,265.19
01/09/04
7,339.23
$855,003.96

Board of Commissioner’s per diems in the amount of $185.00 to be paid through payroll on
January 22, 2004.
Motion by Commissioner Weaver to approve the bills as submitted:
Motion carried by roll call.
ROLL CALL
YEAS:
BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WEAVER, DAUER, WILSON.
ABSENT: NONE.

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CONSENT AGENDA – COMMITTEE REPORT NUMBER 2.
Motion by Commissioner Weaver to include Committee Report numbered 2 on the Consent
Agenda and to approve the Consent Agenda.
Motion carried by roll call.
ROLL CALL
YEAS:
MCQUAID, SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, WILSON.
ABSENT: NONE.

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COMMITTEE REPORTS AND RESOLUTIONS

1
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS RECEIVING AND FILING
COMMUNICATION FROM THE DOW CHEMICAL COMPANY.
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 116-4-99*
118-6-00
Ladies and Gentlemen:
We your Administration and Operations Committee recommend receiving and filing the Dow
Chemical Company’s reply to the County’s request of property to construct a jail. The Dow
Chemical Company’s reply was no property available.
3 JANUARY
We would like to thank the Dow Chemical Company for their immediate response to the
County’s request.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
S/Rose Marie McQuaid
S/Howard G. Schoenherr
Administration and Operations Committee
Motion by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, WILSON.
ABSENT: NONE.

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2
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS RECEIVING AND FILING THE
FAMILY AND CHILDREN’S SERVICES EMPLOYEE ASSISTANT PROGRAM REPORT FOR 2003.
January 16, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 9-1-04*
Ladies and Gentlemen:
We your Administration and Operations Committee recommend receiving and filing the report
from the Family and Children’s Services explaining the utilization of the Employee
Assistant Program for 2003.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
s/Rose Marie McQuaid
S/Howard G. Schoenherr
Administration and Operations Committee
Motion by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, WILSON.
ABSENT: NONE.
APPROVED AS PART OF THE CONSENT AGENDA.
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3
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS APPROVAL OF AN AGREEMENT WITH
THE MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY; LIABILITY INSURANCE COVERAGE.
January 16, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 7-1-04
Ladies and Gentlemen:
We your Administration and Operations Committee recommend approval of an agreement between
the County of Midland and the Michigan Municipal Risk Management Authority (MMRMA). The
term of the agreement is from January 1, 2004 through January 1, 2005.
Through this agreement, liability insurance coverage will be provided through the MMRMA at
a discounted price, due to the pooling of risk among other municipalities in the state.
This agreement allows for the County to still utilize the local provider for claims and
contracts. The local provider and the representative from the MMRMA have come to a
mutually acceptable agreement to allow this. Both the liability coverage and the
liability limits included within this agreement are more extensive than what the County
currently has. To provide a liability limit of $15,000,000.00 will cost $494,125.00.
This cost will be spread through various line items within many activities of the County
budget. The 2004 Board Approved Budget includes ample funding for this expense.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
S/Rose Marie McQuaid
S/Howard
Schoenherr
Administration and Operations Committee
Motion by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, SCHOENHERR, WILSON.
ABSENT: NONE.

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4
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS APPROVAL OF AN AGREEMENT WITH
MAXIMUS, INC. OF BAY CITY, MICHIGAN TO PREPARE COST ALLOCATION PLANS.
January 16, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 8-1-04
Ladies and Gentlemen:
We your Administration and Operations Committee recommend approval of an agreement between
the County of Midland and Maximus, Inc., of Bay City, Michigan to prepare the County’s
2003, 2004, and 2005 Central Services Cost Allocation Plans, which, will be the basis for
the years beginning January 2005, 2006, and 2007.
5 JANUARY
The agreement will require the County to a maximum of $10,000.00 a year for three years.
There is no increase over the current agreement.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
S/Rose Marie McQuaid
S/Howard G. Schoenherr
Administration and Operations Committee
Motion by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
WEAVER, DAUER, BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WILSON.
ABSENT: NONE.

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5
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS APPROVAL OF AN ENVIRONMENTAL
IMPACT TEST AND SOIL TEST AT THE PINECREST SITE.
January 16, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 116-4-99
118-6-00
Ladies and Gentlemen:
We your Administration and Operations Committee recommend that the Board of Commissioners
approve having an environmental impact test done on the southwest corner of the Pinecrest
property.
We further recommend that a soil test be done at the same time.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
S/Rose Marie McQuaid
S/Howard G. Schoenherr
Administration and Operations Committee
Motion by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
BRADLEY, MCQUAID, SCHOENHERR, WEAVER, WILSON.
DAUER, O’NEIL.
ABSENT: NONE.

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6 JANUARY

6
THE ADMINISTRATION AND OPERATIONS COMMITTEE RECOMMENDS ALL TRAVEL EXPENSES BE PAID IN
ACCORDANCE TO COUNTY POLICY 302.1.
January 20, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 5-1-04
Ladies and Gentlemen:
We your Administration and Operations Committee recommend that the Board of Commissioners
pay all expenses for the County Treasurer’s stay at Mackinaw Island according to County
Policy. Accordingly, the $300.00 will be deducted from the Treasurer’s reimbursable
expenses only.
Respectfully submitted,
S/Roland R. Weaver, Chairperson
S/Rose Marie McQuaid
S/Howard G. Schoenherr
Administration and Operations Committee

Motion by Commissioner Weaver to adopt.
Motion by Commissioner Dauer, supported by Commissioner Schoenherr to table the
Committee Report.
Motion carried by roll call.
ROLL CALL
YEAS:
BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WEAVER, DAUER, WILSON.
ABSENT: NONE.

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7
THE FINANCE COMMITTEE RECOMMENDS APPROVAL OF THE RESOLUTION TO BORROW AGAINST
ANTICIPATED DELINQUENT 2003 REAL PROPERTY TAXES.
January 13, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 3-1-04
Ladies and Gentlemen:
We your Finance Committee recommend approving the Resolution to Borrow Against Anticipated
Delinquent 2003 Real Property Taxes.
Respectfully submitted,
S/Ted O’Neil, Chairperson
S/Howard G. Schoenherr
S/James T. Bradley
Finance Committee

Motion by Commissioner O’Neil, supported by Commissioner Weaver to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
MCQUAID, SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, WILSON.
ABSENT: NONE.

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7 JANUARY

8
THE FINANCE COMMITTEE RECOMMENDS APPROVAL TO TRANSFER FUNDS INTO DISTRICT COURT’S
BUDGET TO COVER VISITING JUDGE EXPENSES.
January 13, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 4-1-04
Ladies and Gentlemen:
We your Finance Committee recommend transferring $6,000.00 from contingency to the
District Court Budget to cover visiting judge expenses. The Administrator/Controller is
hereby, authorized to make the necessary budget adjustments.
Respectfully submitted,
S/Ted O’Neil, Chairperson
S/Howard G. Schoenherr
S/James T. Bradley
Finance Committee

Motion by Commissioner O’Neil to adopt.
Motion carried by roll call.
ROLL CALL
SCHOENHERR, O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, WILSON.
ABSENT: NONE.

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9
THE HUMAN SERVICES COMMITTEE RECOMMENDS DENIAL OF THE REQUEST TO INCREASE THE
ASSISTANT TAX DIVISION POSITION TO A REGULAR FULL-TIME POSITION.
January 16, 2004
To the Honorable Chairman and
Members of the Board of Commissioners Agenda Item: 179-12-03
Ladies and Gentlemen:
We your Human Services Committee recommend the Board of Commissioners deny the request to
increase the Assistant Tax Division position to a regular full-time from regular part-
time. There is adequate staff to complete the workload in the Treasurer’s Office.
Respectfully submitted,
S/Rose Marie McQuaid, Chairperson
S/Tom Dauer
S/Roland R. Weaver
Human Services Committee
COMMITTEE REPORT WITHDRAWN.

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MIDLAND COUNTY BOARD OF COMMISSIONERS
REQUESTS, PETITIONS AND COMMUNICATIONS
JANUARY 20, 2004

4-1-04
TRIAL COURT ADMINISTRATOR REQUESTS APPROVAL OF ADDITIONAL FUNDS FOR VISITING JUDGE
RECRUITMENT.
REFERRED TO THE FINANCE COMMITTEE.
5-1-04
ADMINISTRATROR/CONTROLLER SUBMITS COMMUNICATION REGARDING TRAVEL REIMBURSEMENT OF THE
COUNTY TREASURER.
REFERRED TO THE ADMINISTRATION AND OPERATIONS COMMITTEE.
6-1-04
ADMINISTRATOR/CONTROLER SUBMITS COMMUNICATION REGARDING A PERSONNEL ISSUE.
REFERRED TO THE ADMINISTRATION AND OPERATIONS COMMITTEE.
7-1-04
ADMINISTRATOR/CONTROLLER REQUESTS APPROVAL OF AN AGREEMENT WITH MICHIGAN MUNICIPAL
RISK MANAGEMENT AUTHORITY TO PROVIDE RISK MANAGEMENT SERVICES.
REFERRED TO THE ADMINISTRATION AND OPERATIONS COMMITTEE.

8-1-04
FINANCE DIRECTOR REQUESTS APPROVAL OF AN AGREEMENT WITH MAXIMUS, INC. TO PREPARE
CENTRAL SERVICES COST ALLOCATION PLANS.
REFERRED TO THE ADMINISTRATION AND OPERATIONS COMMITTEE.
9-1-04
FAMILY CHILDREN’S SERVICES OF MIDLAND, INC. SUBMIT ANNUAL REPORT FOR THE EMPLOYEE
ASSISTANCE PROGRAM SERVICES FOR 2003.
REFERRED TO THE ADMINSITRATION AND OPERATIONS COMMITTEE.

Page
9 JANUARY
OLD BUSINESS
COMMISSIONER MCQUAID INFORMED THE BOARD OF COMMISSIONERS AND THE PUBLIC THE REPORT IS
IN ON THE JACKSON COUNTY JAIL.
Old Business No. 1
AGREEMENT BETWEEN THE COUNTY OF MIDLAND AND AFSCME LOCAL 1855 CONTRACT – HEALTH
DEPARTMENT SANITARIANS.
January 20, 2004
To the Honorable Chairman and
Members of the Board of Commissioners
Agenda Item: 18-02-04

Ladies and Gentlemen:
I recommend that the Board of Commissioners approve the attached Agreement between
the County of Midland and AFSCME Local 1855. The Union has informed us that their
membership has ratified this Agreement.
Respectfully submitted,
S/Rose Marie McQuaid
County Commissioner
District #7
Motion by Commissioner McQuaid to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WEAVER, WILSON.
ABSENT: NONE.

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OLD BUSINESS NO.2
AGREEMENT BETWEEN THE COUNTY OF MIDLAND AND THE UNITED STEELWORKERS OF AMERICA
REPRESENTING PINECREST.
January 20, 2004
To the Honorable Chairman
And Members of the Board of Commissioners
Agenda Item: 19-02-04

Ladies and Gentlemen:
I recommend that the Board of Commissioners approve the attached Agreement between
the County of Midland and United Steelworkers of America representing Pinecrest. The
Union has informed us that their membership has ratified this Agreement.
Respectfully submitted,
S/Rose Marie McQuaid
County Commissioner
District #7
Motion by Commissioner McQuaid to adopt.
Motion carried by roll call.
ROLL CALL
YEAS:
BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WEAVER, WILSON.
ABSENT: NONE.

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NEW BUSINESS - NONE.

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7:40 p.m.
EXTENDED PUBLIC COMMENTS
Jackie Moeller – Spoke regarding downsizing of positions at The Dow Chemical Company
and spoke in opposition of a Jail at this time.
Bob Van Sickel – Spoke regarding a vision for a Jail Project.
John Rapanos – Spoke regarding a Work Release Facility being instituted immediately.
Suggested incarcerating only those necessary – consider tether, mentally
incapacitated, etc.
Julie Atkinson – Asked what Agenda Item No. 5 meant regarding an environmental impact
test at Pinecrest.

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COMMISSIONER’S COMMENTS REGARDING PUBLIC COMMENT SESSIONS
O’Neil – Addressed money flow, tax appeals, work release and Stark Road as a possible
Jail site.
Weaver – Spoke in favor of tether and work release and regarding testing at Pinecrest
in the winter, there are people out there who can do this.
McQuaid – Regarding the Jail site, we have been looking for the last two years – 10
years ago we tried to get a new Jail at the present site and it was turned down.
Alternatives for the mentally impaired – the first two days in Jail, inmates are
assessed and if mental health problems are found, Mental Health Department tries to
place these people elsewhere. Long-term plans for the Courthouse – Jail, etc. this
has been done for the next 25 years. A work release plan has been discussed with the
Judges and Tom Adams. This program would affect a very small number of people and
would require additional staff. I don’t like to be accused of not listening – I feel
I am not being listened to. Taxes will not be raised – we are capped at 5 Mills. I
feel bad about the Treasurer saying she was called names, this was never done.
Bradley – I would be good to have Tom Adams come speak on a Work Release Program and
get it on tape to be used for future discussions. I would like to ask Civil Counsel
to investigate, “Binding Future Boards”.

Bill Smith – Any time a Board of Commissioners takes action on a matter , you
have impacted future Boards of Commissioners.
Dauer – When we speak, as we are now, we are speaking as an individual, because there
are some things Commissioner McQuaid said that I don’t agree with. Long-term needs
need to be looked at and I try to look at that. I agree with a Work Release Program,
not facility.

Schoenherr – A lot of people who spoke here tonight are happy we had a night meeting.
Tax appeals – money is a problem. I appreciate the concession from John Rapanos to
build a Jail at Stark Road, now we need someone to come forward with some property.
I appreciate McQuaid’s comments. John also said that we don’t need to build a Jail
now – that would be the easiest decision to make, but that is not a viable answer.
Whether or not we build this Jail will depend on how much pain we can take up here as
Commissioners.
Page
CONT.
Wilson – Many people said, “Thanks” for the evening meetings. As you know, this was
an idea that we came up with as a result of your (the public) comments. Many of the
things that we have done during this process is because we have individually and
collectively listened to you. Regarding a Work Release Program, we have a letter
from Mr. Adams regarding some of the issues. The Chairman asked Mr. Benda to read
Mr. Adam’s letter. In closing, I would like to paraphrase: When someone is being
humbled because they have made a mistake, they say, “please don’t be too hard on me
because God isn’t finished with me yet”. So I say to you, the public, “please don’t
give up on us, you are not finished with us yet”.
See Attached Letter.
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CLOSED SESSION
Pursuant to a motion by Commissioner Weaver, supported by Commissioner Schoenherrand
the corresponding passage by roll call, a Closed Meeting of the Board of
Commissioners was declared at 8:30 p.m. for the purpose of discussing Labor
Negotiations in accordance with MSA 4.1800(18), Section 8(c).
Motion supported by roll call.
ROLL CALL
YEAS:
O’NEIL, WEAVER, DAUER, BRADLEY, MCQUAID, SCHOENHERR, WILSON.
ABSENT: NOE.
Motion by Commissioner Weaver, supported by Commissioner Scheonherr to return to Open
Session at 8:45 p.m.
Motion supported by roll call.
ROLL CALL
YEAS:
WEAVER, DAUER, BRADLEY, MCQUAID, SCHOENHERR, O’NEIL, WILSON.
ABSENT: NONE.

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THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD AT THIS TIME, THE CHAIRMAN
DECLARED THE BOARD ADJOURNED UNTIL FEBRUARY 3, 2004, AT 9:00 A.M. FOR THE COMMITTEES TO
RESUME THEIR DUTIES.
___________________________________________
Otis G. Wilson, Chairperson, Midland County
Board of Commissioners
___________________________________________
Karen A. Holcomb, Midland County Clerk and
Clerk of the Board of Commissioners

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• * * * * * * * * * * * * *

December 19, 2003
Otis G. Wilson, Chairman
Midland County Board of Commissioners
220 W. Ellsworth Street
Midland, MI 48640-5194
Dear Chairman Wilson:
This letter is in reply to your request for information concerning the current jail
population, and a question that you raised during a discussion of that topic.
I have reviewed the data on the jail population of December 9, 2003 from a list of all
current inmates. As I related to on December 16, 2003, 87 of the 117 inmates from that
day were classified as felons. It should be noted that some of the current inmates are in
jail on both misdemeanor and felony charges, and I counted those inmates as felons. The
87 inmates were 75% of the total population with 29 misdemeanants and 1 person sentenced
from Juvenile Court. Of the inmates in jail, 66 (56%) had been sentenced and the
remaining 44% were awaiting bond, trial or sentencing.
There are currently 16 felony offenders on electronic monitor through Circuit Court, and 8
on electronic monitor through District Court. Some of these cases are persons who would
have been put on work release in the past. Circuit Court also has the probation
residential facility Tri-CAP in Saginaw available as an option in sentencing. Some Tri-
CAP inmates are allowed to be on work release status so a Midland Circuit Court judge
could use that facility in selected cases. One of the District judges indicated “if a
case is low enough on a risk for work release, I am probably not going to place him in
jail beyond a weekend sentence”.
I have communicated with all four judges in the local court system concerning their
possible use of work release. Each of the District Court judges indicated they would
probably have one work release client at any given time, with an average length of
sentence form 60-90 days. Given that length of sentence, each judge would assign 4-6
clients per year to work release. Each of the Circuit Court judges indicated they would
use work release approximately once at each sentencing session – they each have
approximately 25 sentencing sessions per year. It is hard to gauge the average sentence
in these cases, but one judge estimated the sentence length at 3-6 months and the other
from 2-12 months. For example, if the average sentence were 6 months (180 days – actually
145 days or less with good time), it would mean that each Circuit Court judge would have
approximately 10 beds full at any given time. With one bed each for the District Court
judges, that would call for a work release capacity of approximately 21 beds.
It should be noted that when the work release section of the Midland County Jail was
operating, it had 16 beds and an average use of 6-8 beds at a time, with a low usage of 2
or 3 beds at a time. Since the closure of the work release facility in Midland,
electronic monitoring and weekends have picked up some of that need.
One of the questions you asked me during our conversation was “what else could be done to
alleviate jail overcrowding”. One of the programs Community Corrections is instituting is
a new Network Therapy Program beginning January, 2004. This will be an intensive
supervision program with mandatory breathalyzers, Antabuse, drug testing, counseling and
daily contact with a case manager. The program will be for felony drunk drivers who are
at risk of relapse. This type of program can lead to earlier release from jail or more
confidence from the sentencing judge that a person is actually staying sober. Any program
that enhances supervision of the many persons on community supervision could assist as
options to jail sentences.
If there is anything else you would like to know or if I can be of any further assistance,
please do not hesitate to contact me.
Respectfully,
S/Thomas W. Adams
Community Corrections Coordinator

Source: http://www.co.midland.mi.us/boc/minutes/20040120.pdf