ANTRIM COUNTY BOARD OF COMMISSIONERS         Thursday, November 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.

            Pledge of Allegiance

            The Chairman requested Public Comment.  Ed Martel commented on environmental problems for old people and on the county Master Plan.  Public Comment closed at 9:10 a.m.

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

            It was moved by Stanek, seconded by McLeod the claims and accounts totaling $77,063.46 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.

            It was moved by Stanek, seconded by McLeod the attorney fees in the 2006 General Fund – District Court budget be increased by $22,000.00.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Stanek, Blackmore, Allen;  No – Crawford;  Absent – None.

            It was moved by Stanek, seconded by McLeod that $100,000 be transferred from the General Fund (Sheriff Capital Outlay) to Capital Outlay Reserve Fund in 2006 and the 2006 budgets be adjusted accordingly and the 2007 Capital Outlay Reserve Fund expenditure (to General Fund) budget be increased by $100,000 and the 2007 General Fund expenditure budget (Sheriff Capital Outlay) be increased by $100,000.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Stanek, Blackmore, Allen;  No – None;  Absent – None.

            It was moved by Stanek, seconded by McLeod the 2007 Sheriff Department budget be increased by $8,240 for the increase of part time court officer’s hours to 29 hours per week.  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 McLeod the 2007 Airport Capital Outlay budget of $5,884 for a door on a hangar to accommodate a snowplow be approved.  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 Howelman that $1,728 be transferred from various line items in the 2006 Prosecuting Attorney budget to Fund #470 for additional remodeling in the Prosecuting Attorney’s office.  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 McLeod, that the budget for remodeling in the Equalization area be increased by $825.00.  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 Stanek, seconded by McLeod the estimate from Drenth Brothers for $1,150 for providing paving gravel for the parking lot at Barnes Park be accepted.  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 Crawford that 8 picnic table frames be purchased from Game time for $1,860.  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 Allen the Chairman be authorized to sign the Agreement with Trimble Consulting for the Technology Implementation Plan (TIP).  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 #25-06 by Robert McLeod, seconded by Michael Crawford

            WHERES, because many people of all ages have been or are now being pressured into mortgage contracts designed to deprive them of their property, not to help them as claimed; and

            WHEREAS, because a disproportionate share of these families are senior citizens, or belong to minority groups, or both; and

            WHEREAS, because the Federal Bureau of Investigation reports that in Michigan, mortgage fraud losses alone jumped from $9 million in 2003 to $26 million in 2005; and

            WHEREAS, because State Representatives Rick Baxter of Concord, Fran Amos of Waterford, and Jim Marleau of Lake Orion have introduced a set of bills in our state legislature to:

1. Make mortgage fraud a felony incurring a maximum of ten years in prison for one misrepresentation on one property (and/or maximum fine $50,000) or twenty year for one or more misrepresentations on two or more properties (and/or maximum fine $100,000)  [HB 6432, amending 1931 Pa 328, and HB 6433 amending 1927 PA 175; both passed and sent to Senate 9/19/96]

2. Make fraudulent appraisal (appraising a recently bought property at too high a level so that it can be resold at or near the fraudulent amount) a misdemeanor incurring a maximum of three years in prison (and/or maximum fine 45,000) [HB 6434, amending 1980 PA 299; passed and sent to Senate 9/19/06]

3. Subject to coercion or inducement to appraise fraudulently to a potential civil fine, potential license suspension/revocation/non-renewal, and/or restitution requirement for each instance [HB 6435, amending 1987 PA 173; passed and sent to Senate 9/19/06]

4. Enable victims of mortgage fraud to sue for restitution under consumer protection laws [HB 6436, amending 1976 PA 331; passed and sent to Senate 9/19/06]

5. Enable the Michigan Attorney General to use the Real Estate Enforcement Fund in mortgage fraud cases, not merely to prosecute unlicensed real estate activity [HB 6267, amending 1979 PA 152; passed and sent to Senate 9/19/06]; and

            WHEREAS, because this grave problem has recently been brought to national attention by the July. 2006 Reader’s Digest article, “Cheated Out of House and Home,” by Max Alexander, on pages 136 to 142 of that issue, and also a September/October 2006 AARP magazine article, “Sudden Debt,” by Barry Yeoman, on pages 78 to 83 and page 101 of that issue.

            THERE, BE IT RESOLVED, that the Antrim County Board of Commissioners, at our meeting on November 9, 2006, urge our own state legislators to do all in their power to support these bills and to get them enacted in the current legislature either as they stood at the second reading or in stronger form; and

            BE IT FURTHER RESOLVED, that we urge every local governing body in Antrim County and every local governing body in Michigan to pass a similar resolution and send it to the lawmakers in their areas; and

            BE IT FINALLY RESOLVED, that we urge everyone to be on guard against mortgage fraud and appraisal fraud.

Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No  - None;

Absent – None.

RESOLUTION #25-06 DECLARED ADOPTED.

RESOLUTION #26-06 by Robert McLeod, seconded by Michael Crawford

            WHEREAS, House Bill (HB) 6391 has been introduced in the House; and

            WHEREAS, HB 6391 is a bill to amend 1893 PA 206, entitled “the General Property Tax Act” by amending section 24f (MCL, 211.24f) as amended by 2000 PA 244; and

            WHEREAS, section 24f(5) proposed amendment state “A county shall only submit a proposal on a question of imposing a new county-wide millage or increasing or renewing an existing countywide millage at a general November election.  As used in this subsection, “General November Election” means that term as defined in Section 2 of the Michigan Election Law, 1954 PA 116, MCL 168.2.

            BE IT THEREFORE RESOLVED, that the Antrim County Board of Commissioners hereby goes on record in strong opposition to HB 6391.

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jennifer Granholm, Senator Jason Allen, Representative Kevin Elsenheimer, Michigan Association of Counties, and the other 82 Michigan Counties.

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

No  - None;

Absent – None.

RESOLUTION #26-06 DECLARED ADOPTED.

RESOLUTION #27-06 by Robert McLeod, seconded by Michael Crawford

            WHEREAS, according to a May 7^th Detroit News Article the state has lost approximately $300 million in revenue sharing from Michigan’s tribal compact agreements since 1999; and

            WHEREAS, during the same time period statutory revenue sharing to locals has been cut by over 42 billion, PILT payments to communities have been frozen, the remonumentation fund has been raided and local public health programs have been cut; and

            WHEREAS, many of the tribal compact agreements provide for 2% of slot machine revenue to be shared locally, however some tribes dedicate their 2% payment to charities of their own choosing, circumventing the obligation to share with local units of government; and

            WHEREAS, at a time when state budget cuts have reached historic proportions and no source of revenue should be simply “left on the table”; and

            WHEREAS, the recent elimination of the state’s Single Business Tax, and the potential voter approval of the K-16 spending mandate add great uncertainty to the state’s budget; and

            WHEREAS, Michigan’s counties are scheduled to gradually come back into the revenue sharing formula beginning with the 2007 budget cycle, fulfilling the 2004 agreement between the Governor and the Michigan Association of Counties; and

            THEREFORE, BE IT RESOLVED, that the Antrim County Board of Commissioners urges the Governor and Legislature to provide for more stringent enforcement of the State’s tribal compact agreements for the benefit of state and local community budgets’ and

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jennifer Granholm, members of the Michigan Legislature, and Michigan’s 83 counties.

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

No  - None;

Absent – None.

RESOLUTION #27-06 DECLARED ADOPTED.

RESOLUTION #28-06 by Robert McLeod, seconded by Michael Crawford

            WHEREAS, much of Northern Michigan’s economic base is closely tied to forestry, logging, manufacturing of timber products, hunting, fishing, off road vehicle use, and other tourism industries; and

            WHEREAS, Michigan’s three national forests, the Ottawa, Hiawatha and Huron-Manistee, are in the process of updating their forest management plans; and

            WHEREAS, the revision process allows for public appeals of the final management alternative selected by the U.S. Forest Service (USFS); and

            WHEREAS, 19 appeals to the plans were received by the three national forest groups which would severely curtail or cease timber harvest by focusing on old-growth management as opposed to species diversity management; and

            WHEREAS, the appeals also would limit or eliminate public access by disallowing motorized vehicle access in large areas of the national forests; and

            WHEREAS, the Michigan Forest Products Council (MFPC) has decided to pursue legal avenues to provide comments to the USFS on 5 of the 19 appeals; and

            WHEREAS, a broad-based coalition including the Ontonagon County Board of Commissioners, Michigan Department of Natural Resources, Cycle conservation Club of Michigan, Blue Ribbon Coalition, Michigan Snowmobile Association, Lake States Resource Alliance, Ruffed Grouse Society and the Michigan Forest Products Council has been assembled to submit comments on the appeals under the umbrella of the MFPC’s intervener status; and

            WHEREAS, management plans which do not support diversity of timber species do not provide for adequate habitat for game species such as deer, grouse, turkeys and other non-game wildlife species; and

            WHEREAS, the Antrim County Board of Commissioners strongly supports maximum timber harvest yield and reforestation and strongly supports Michigan’s tourism industry as vital cogs of a strong Michigan economy; and

            THEREFORE BE IT RESOLVED, that the Antrim County Board of Commissioners supports joining the coalition assembled under the umbrella of the MFPC as the appeals filed to the management plans clearly run counter to the organization’s platform with regards to timber management and tourism; and

            BE IT FURTHER RESOLVED that copies of this resolution be submitted to Governor Jennifer Granholm, Senator Jason Allen, Representative Kevin Elsenheimer, the other 82 Michigan Counties, and to the USFS Intervention Coalition Partners.

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

No  - Allen;

Absent – None.

RESOLUTION #28-06 DECLARED ADOPTED.

            Robert Englebrecht, Equalization Director, presented the 2006 Apportionment Report with revisions dictated by the results of the November 7, 2006 General Election.

(see pages  )

            It was moved by McLeod, seconded by Allen the revised 2006 Apportionment Report be accepted.  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 Transportation Committee reported the Airport would be closed November 13 – 17, 2006 for preparations for oil and gas drilling.

            It was moved by Crawford, seconded by Dawson the Chairman be authorized to sign the maintenance agreement for the new 911 generator at a cost of $492.00 for the year.  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 quote from the Carpet Barn of $596.34 to remove carpet and install vinyl in the 1^st floor lunch room of the Antrim County Building be approved.  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 Allen the Chairman of the Parks Committee and the Board Chairman be authorized to select a quote on provision of a water softener at Barnes Park.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

            Dewey Benson, Medical Examiner, presented a quarterly report.

            It was moved by Allen, seconded by Dawson that in the agreement with Michiana for lease of the Elk Rapids Hydro Facility, cleaning of the trash racks be included.  Motion carried all members present voting yes.

            Ed Martel spoke on the short comings of the proposed Health Code and suggested it go to the Health and Public Safety Committee before being presented to the Board.      

            It was moved by Blackmore, seconded by Allen the bid from Fahl Forest Products for $30,150 for timber cutting on Antrim County property Section 29 of Chestonia Township be approved.  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 Blackmore, seconded by Bargy the Chairman be authorized to sign the Memorandum of Understanding with the Antrim Conservation District.  Motion carried by a yea and nay vote as follows:  Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen;  No – None;  Absent – None.

            David Howelman reported on the ACUTE group and the TCE problem in Mancelona and adjoining townships.

            The meeting adjourned to the Call of the Chair.