ANTRIM COUNTY BOARD OF COMMISSIONERS            Thursday, February 9, 2006

 

            Jack White, Chairman, called the meeting to order at 9:00 a.m.

 

Present:  Robert McLeod, Eugene Dawson, Larry Bargy, Jack White, David Howelman,

              Michael Crawford, Laura Stanek, Bernard Blackmore, Joseph Allen;

Absent:  None.

 

            The Pledge of Allegiance was given.

 

            Six students from the MSU Extension Citizenship Academy were in attendance:  3 from Ellsworth School, 1 from Central Lake School, 1 from Kalkaska School, and 1 from Concord Academy.

 

            The Chairman requested Public Comment.  Ed Martel commented on the proposed draft of the Antrim County Soil Erosion and Stormwater Runoff Control Ordinance and the Health Code.  Vanessa Rubingh promoted Jerry Zanstra, for U.S. Senator and announced a meeting on February 28 at Ellsworth.  John Borst, Manager of the propane division of Derrer Oil, and Kevin Roberts from Amerigas commented on the regulations for installing propane tanks in the winter.  Ray Ludwa spoke on the “bubblers” on the lakes and questioned the definition of “common sense”.  Janet Person from Antrim Conservation District announced the road will open accessing Mitchell Creek.  Public Comment closed at 9:20 a.m.

 

            It was moved by McLeod, seconded by Stanek the minutes of January 12, 2006 be approved.  Motion carried all members present voting yes.

 

            Peter Garwood announced the Northern Lakes Economic Alliance annual luncheon on Friday, February 24, at 12:30 p.m.

 

            Robert Massey, Building Official, gave the 2005 Construction Code Enforcement Annual Report and also answered questions concerning the installation of propane tanks in the winter.

 

            It was moved by McLeod, seconded by Dawson the Construction Code Enforcement 2005 Annual Report be accepted.  Motion carried all members present voting yes.

 

            It was moved by Stanek, seconded by Bargy the Sheriff purchase a snowmobile at a cost not to exceed $7,502.70; the state will reimburse 85% of the cost.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved by Stanek, seconded by Bargy a refrigerator be purchased for the Jail as budgeted at a cost not to exceed $1,270.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved Stanek, seconded by Howelman $8,000 be transferred from Fund #137, Capital Outlay Reserve Fund, to Fund #101, General Fund (Capital Outlay-Sheriff) to allow for the purchase of a third patrol car rather than two patrol cars and a detective car and the budgets of both funds be adjusted accordingly.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Allen;  No – Blackmore;  Absent – None.

 

            It was moved by Stanek, seconded by McLeod $1,500 be transferred from Fund #137, Capital Outlay Reserve Fund to Fund #249, Construction Code Enforcement Fund, for the purchase of a laptop computer and the budgets of both funds be adjusted accordingly.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            The matter of establishing a waiting period for participation in the annuity program (alternative to health insurance) was tabled until March. 

 

            It was moved by Stanek, seconded by Howelman the claims and accounts totaling $85,985.52 be approved and paid.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            Gerald Chase from the NW Community Health Agency spoke on the Sanitary Code amendments.

 

            Bob Van Putten from Harrison Landmark presented the results of the study for a New Jail.

 

            The Human Services Agency 2005 Annual Report was presented.

 

            It was moved by Blackmore, seconded by Allen the Human Services Agency 2005 Annual Report be accepted.  Motion carried all members present voting yes.

 

            Theresa Kent, Abstractor, presented the Abstract Department 2005 Annual Report.

 

            It was moved by Stanek, seconded by Blackmore the Abstract Department 2005 Annual Report be accepted.  Motion carried all members present voting yes.

 

            It was moved by Stanek, seconded by Allen the Chairman be authorized to sign an agreement with Gosling Czubak to create a county Master Plan at a cost not to exceed $18,700.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

RESOLUTION #06-06 by Robert McLeod, seconded by Bernard Blackmore

 

            WHEREAS, Antrim County has a history of quality recreational and resort areas along with a strong agriculture base; and

 

            WHEREAS, Antrim County has been funding the Antrim County Economic Development Corporation and Michigan State University Extension to foster job retention and attract new business ventures; and

 

            WHEREAS, Antrim County needs increased transportation improvements to foster growth of its economic base,

 

            NOW, THEREFORE, BE IT RESOLVED, that the Antrim County Board of Commissioners respectfully requests that Governor Jennifer Granholm and the State Legislature develop tax incentives to keep Antrim County and the State of Michigan competitive in the global economy of the 21st century; and

 

            BE IT FURTHER RESOLVED, that we respectfully request Governor Jennifer Granholm and the State of Michigan partner in our vision of a four-lane U.S. 131 highway that allows for unabated traffic flow from “the Main Street of the Midwest (I80/90)” to the “Main Streets of West Michigan” and north to the benefit of industry, tourism, agriculture and all of the citizens of Michigan.

 

            BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor Jennifer Granholm, State Senator Jason Allen, State Representative Kevin Elsenheimer, U.S. Senator Carl Levin, U.S. Senator Debbie Stabenow, U.S. Congressman Bart Stupak, and all the other 82 counties.

 

Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;

No – None;

Absent – None.

 

RESOLUTION #06-06 DECLARED ADOPTED.

 

RESOLUTION #07-06 by Robert McLeod, seconded by Michael Crawford

 

            WHEREAS, Crawford County has been embroiled in a funding dispute with the 46th unified trial court since August of 2000; and

 

            WHEREAS, the funding dispute centered around the level of benefits for the court employees and the right of the local legislative branch of government to set the budget levels that are reasonable, necessary and in the best interest of the community; and

 

            WHEREAS, Crawford County requested and participated in mediation with the 46th Circuit Trial Court in accordance with Supreme Court Administrative Order 1998-5, requested assistance from the Supreme Court Administrative Office and the Michigan Department of Treasury and funded a study which was conducted a representative of the court and a representative of the county with no remedy found; and

 

            WHEREAS, the 46th Circuit Trial Court filed suit against Crawford County in November of 2003 which resulted in catastrophic effects for all other funding units; and

 

            WHEREAS, Subsequent to an accrual of $1,000,000 in attorney fees, the presiding Judge ruled that the Court’s requested budget must be satisfied as long as any discretionary funding existed, the MER B-4 and post retirement health care are not extravagant court employee benefits even if like county employees do not enjoy that level of benefit, but in fact are necessary for the court to carry out its statutory and constitutional duties; and

 

            WHEREAS, this litigation has destroyed the very essence of the separation of powers doctrine and has resulted in a flurry of disputes between courts and their funding units statewide; and      

 

            WHEREAS, local units of government have the awesome responsibility of providing the most eservices to the community available on very limited resources by determining how the resources are divided best; and

 

            WHEREAS, this recent lawsuit threatens to eliminate the constitutional responsibility of setting budget levels from County Board of Commissioners around the State; and

 

            WHEREAS, the Supreme Court of the State of Michigan has agreed to hear this case; and

 

            WHEREAS, the Supreme Court has determined that it will rule on three specific topics prior to addressing any other outstanding issues related to the case and they are:

 

 

1.                  What evidence supported the conclusion that the level of funding offered by the counties was insufficient to allow the court to fulfill essential court functions?

 

2.                  With respect to the dispute over pension and health care benefits, what evidence supports the conclusion that these benefits were reasonable and necessary to achieve the court’s constitutional and statutory responsibilities, and that the court’s failure to obtain such benefits so affected employee morale, or the court’s ability to retain or hire competent employees, that they were reasonable and necessary to achieve the court’s constitutional and statutory responsibilities?

 

3.                  Whether Crawford County and/or Kalkaska County entered into a contract with the 46th Circuit Court to fund pension and health care benefits at a specific level.

 

THEREFORE BE IT RESOLVED, that Antrim County Board of Commissioners

is making the above requests on behalf of Crawford County and all counties having budgetary responsibilities concerning courts and with the goal of preserving a County Board’s constitutional rights along with the system’s political checks and balances.

 

Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;

No  - None;

Absent – None.

 

RESOLUTION #07-06 DECLARED ADOPTED.

 

RESOLUTION #08-06 by Robert McLeod, seconded by David Howelman

 

Adopting Changes Required by the

Economic Growth and Tax Relief Reconciliation Act of 2001

To an Existing Deferred Compensation Plan

 

            WHEREAS, the Antrim County Board of Commissioners, by resolution, has adopted three (3) Deferred Compensation Plans for the purpose of making available to eligible employees the accrual of tax benefits under Section 4567 Deferred Compensation Plan; and

 

            WHEREAS, these three (3) Plans are known as FTJ Choice Fund, with the initial adoption date of June 8, 2000, the Hartford with an initial adoption date June 8, 2000, and Nationwide Retirement Solutions with an initial adoption date of April 1, 1981; and

 

            WHEREAS, the Economic Growth and Tax Relief Reconciliation Act of 2001 amended Section 457 of the Internal Revenue Code; and

 

            WHEREAS, the Antrim County Board of Commissioners desires the above three (3) Plans to conform with the changes in the Code brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001; and

 

            WHEREAS, the Antrim County Board of Commissioners desires to adopt the restated Plans that conform with the changes in the Code resulting from the Economic Growth and Tax Relief Reconciliation Act of 2001; and

 

            WHEREAS, such revised Plans shall supersede the previously adopted Plans; and

 

            NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the revised Plans known as FTJ Fund Choice, the Hartford, and Nationwide Retirement Solutions; and

 

            BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the appropriate representatives of each of the three (3) Plans.

 

Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;

No  - None;

Absent – None.

 

RESOLUTION #08-06 DECLARED ADOPTED.

 

            It was moved by McLeod, seconded by  Crawford that Beth Lacy be hired for part-time irregular kitchen aide position at the Commission on Aging at a two year rate of $8.66 per hour.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved by McLeod, seconded by Crawford a new regular part-time clerical position be established in the Construction Code Enforcement Department hours not to exceed 35 hours a week, and, upon filling the new position, the current part-time irregular position be discontinued.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved by McLeod, seconded by Crawford the mileage rate be set at $ .42 per mile effective today, February 9, 2006.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Blackmore, Allen;  No – Stanek;  Absent – None.

 

            It was moved by McLeod, seconded by Crawford the policy of July 08, 1993 making all County buildings smoke free and the policy of October 13, 1994 directing the maintenance supervisor to enforce the no smoking policy be rescinded and the following policy be adopted effective January 1, 2006:

 

ANTRIM COUNTY SMOKE-FREE FACILITIES POLICY

            All County owned and operated government facilities including the area within twenty-five feet of any entrances, and also including County owned or leased vehicles, shall be totally smoke-free effective January 1, 2006 and the enforcement of this policy will be the responsibility of the department heads.

 

Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved by McLeod, seconded by Crawford the following Web Site Legal Disclaimer be adopted:

 

ANTRIM COUNTY COMMUNITY CENTER WEBSITE LEGAL DISCLAIMER

 

Use of Information

The website is provided as an information source for public use.  Antrim County strives to maintain the integrity of this site and to present information which is accurate and timely.  The information is subject to periodic updates, revisions, deletions and additions without prior notice.  Material provided at this site is gathered from many sources.  Antrim County is not responsible for errors or omission contained in the information, and makes no representations as to the accuracy of the information.  The user is cautioned the charts or other graphics which appear at this site may not be subject to accurate transmission in their entirety.

            The material at this site is proved for informational purposes only, and should not be relied on in lieu of professional advice.

            Where an official printed document differs from the text which may be provided at this site, the official printed document takes precedence.

            The Freedom of Information Act provides that all messages received by Antrim County at this site become public records subject to disclosure under the Act.  Users who communicate through this site are advised that all communications are public information and cannot be held in confidence.  Furthermore, in accordance with its internal policies, Antrim County may periodically monitor communication at this site.

            Commercial use of material contained at this site is prohibited without the express written permission of Antrim County.

 

Disclaimer of Liability

            With respect to all information available at this site, Antrim County, it officers, employees, agents and assigns make no warranty, express or implied, including the warranties of merchantability or fitness for a particular purpose, and assume no legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed nor does Antrim County make any representation that the use of said information will not infringe privately owned rights.  Antrim County, it officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

            The user assumes all risks associated with the use of this site, including those involving computer, software or data damage caused by any virus, software or other file which might be transmitted or activated via the Antrim County website or your access to it.

 

Disclaimer of Endorsement

            Reference herein to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise does not constitute or imply Antrim County’s endorsement or recommendation thereof.  The views and opinions of authors expressed herein do not necessarily state or reflect those of Antrim County, and shall not be used for advertising or endorsement purposes.

 

Communication on Site Are Not Legal Notice

            Communications made through this site shall in no way be deemed to constitute legal notice to Antrim County or any of its agencies, officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against the County or any of its agencies, officers, employees, agents, or representatives, where notice to the County is required by any federal, state or local law, rule or regulation.

 

Antrim County Links to Other Sites

            Antrim County provides links to other organizations through this website.  These links are provided for additional information as a service to the public.  In providing these links, Antrim County does not endorse the content, products, services or viewpoints expressed by these external sites.  Once you leave the Antrim County website and link to an external site, the Antrim County Internet policies no longer apply and you will be subject to the new site’s policies.

 

Antrim County Provides Links to the Following types of Organizations:

            Links to other Governmental Units – Antrim County provides links to other federal, state, and local governmental units that provide additional services and information that users of this site may find of interest.

 

            Links to Private Organizations – Antrim County may provide links to private organizations if these organizations offer services that complement the information or services offered by Antrim County.  The determination of whether to establish links to a private organization’s website is made on a case-by-case basis.

 

            Links to Non-Profit Organizations – Antrim County may provide links to non-profit organizations that users of this site may find of interest.  The determination of whether to establish links to non-profit organizations is made on a case by case basis.

 

Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

 

            It was moved by McLeod, seconded by Crawford that GIS information be released to Gosling Czubak for use in completing the County Master Plan.  Motion

carried all members present voting yes.

 

            Charles Koop reported on the progress of lease agreement with the State for Wetzel Lake.

           

            It was moved by Crawford, seconded by Dawson that Sky Telecom move the data rack from the County Clerk’s office in the ’05 Courthouse to the Circuit Court office at a cost not to exceed $600.00.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None. 

 

            It was moved by Crawford, seconded by Dawson the Building and Grounds Committee and the Coordinator/Planner be given authority to select the builder, electrician and heating contractor for the remodeling of the Equalization Department and the Abstract Department (possible suggested cost - $17,000).  The matter was tabled until the next meeting.

 

            It was moved by Blackmore, seconded by Dawson the Chairman be authorized to sign the Memorandum of Understanding with the Antrim Conservation District for the administration of county forest lands.  The matter was tabled until the next meeting.

 

            The meeting adjourned for lunch provided by the MSU Extension Citizenship Academy students.

                                                            P.M.

 

            The meeting reconvened at 1:00 p.m.

 

Absent:  Bernard Blackmore, Michael Crawford (Mr. Crawford joined the meeting later)

 

            It was moved by Allen, seconded by Dawson Leonard Klein attend the Solid Waste Advisory Committee meetings at the Northwest Michigan Council of Governments and be reimbursed for mileage only.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Stanek, Allen;  No – None;  Absent – Crawford, Blackmore.

 

            It was moved by Allen, seconded by Dawson the Chairman be authorized to sign the contract between Antrim County and the Antrim Conservation District for the administration of the Soil Erosion and Sedimentation Control program at a cost of $73,000 for the year 2006.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Allen;  No – None;  Absent – Blackmore.

 

            It was moved by Allen, seconded by Dawson the “application fee” for a LP tank permit and an electrical service pole permit be waived which will reduce the current permit fees to $52.00 and $42.00 respectively.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Allen;  No – None;  Absent – Blackmore.

 

            It was moved by Allen, seconded by Dawson the Board of Commissioners support the Construction Code Enforcement Department’s policy  that requires the pipe from a tank larger than 200 gallons be buried year round including the winter months.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Stanek, Allen;  No – Crawford;  Absent – Blackmore.

 

            It was moved by Howelman, seconded by Stanek the Chairman be authorized to sign the agreement (2006) with Meadowbrook Medical Care Facility for administration of Meadowview Apartments with the following change:  the percentage on gas for heating be changed to Meadowbrook – 78%, Meadowview – 22%.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Allen;  No – None;  Absent – Blackmore.

 

            David Howelman left the meeting at 1:35 p.m.

 

            It was moved by Bargy, seconded by McLeod that $2,500 be transferred from the General Fund (Special Projects) to the Spay & Neuter Fund and the budgets of both be adjusted accordingly.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Crawford, Stanek, Allen;  No – None;  Absent – Howelman, Blackmore.

 

            There was discussion on the proposed acquisition of the “Hunt Club” property located west of Intermediate River south of the Village of Bellaire off South Genesee Street (North Arm of Lake Bellaire) and including it as part of the Grass River Natural Area. 

 

            It was moved by McLeod, seconded by Crawford that Mark Randolph (Grass River Natural Area Inc.) be authorized to proceed with preliminary work toward possible acquisition of the “hunt Club” property.  Motion carried all members present voting yes.

 

            It was moved by Crawford, seconded by McLeod that private recreation sites be included in the County Parks and Recreation database.  Motion carried all members present voting yes.

 

            The Coordinator presented the request from Speed Net to obtain a signed statement that Antrim County is underserved as far having wireless providers.

 

            It was moved by McLeod, seconded by Stanek the Chairman be authorized to sign a statement that Antrim County is an underserved county in regard to services provided by wireless internet providers.  Motion carried all members present voting yes.

 

            It was moved by Dawson, seconded by McLeod the following statement be adopted as a preface to the Antrim County Board of Commissioners Rules & Procedures.

 

                        I hope my achievements in life shall be these:  that I have

            fought for what is right and fair, that I will have risked for that which

            mattered, that I will have given help to those who were in need – that I

            will have left the earth a better place for what I’ve done and who I’ve been.

                                                                                                C. Hoppe        

 

Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Crawford, Stanek, Allen;  No – None;  Absent – Howelman, Blackmore.

 

            The meeting adjourned at 2:35 p.m. to the Call of the Chair.