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ANTRIM COUNTY BOARD
OF COMMISSIONERS Thursday,
May 8, 2003 |
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Jack White, Chairman, called the meeting to order at 9:00
a.m. |
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Present: |
Robert McLeod, Eugene Dawson, Larry Bargy,
Jack White, David Howelman, Michael Crawford, Laura
Stanek, Bernard Blackmore, Joseph Allen; |
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Absent: |
None. |
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The Pledge of Allegiance was given. |
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The Chairman requested Public Comment. Harvey Thiebert
disagreed with the neutral |
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stand taken by the Board of
Commissioners on the Manistee River matter. |
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Charles Koop, Prosecuting Attorney, presented his Annual
Report. |
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It was moved by Blackmore, seconded by Allen that the
Prosecuting Attorney 2002 |
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Annual Report be accepted. Motion carried all members present voting
yes. |
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Peter Garwood presented a schedule for the visioning
sessions for the Master Plan. |
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Sheri Rhoades and Wendy Wieland
presented the Northern Lakes Economic Alliance |
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2002 Annual Report. |
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Patty Niepoth, Register of
Deeds, gave that office’s Annual Report. |
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It was moved by McLeod, seconded by Blackmore that the
Register of Deeds 2002 |
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Annual Report be accepted. Motion carried all members present voting
yes. |
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RESOLUTION #15-03 by Laura Stanek, seconded by Larry Bargy |
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WHEREAS, the Board of County Road Commissioners of the County of Antrim, State |
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Of Michigan (the “Road Commission”), intends to authorize the issuance and sale of its Michigan Transportation Fund Notes (the “Notes”), pursuant to Act 143, Public Acts of Michigan, 1943, as amended (“Act 143"), in an amount not to exceed Nine Hundred Ninety-five Thousand Dollars ($995,000), in anticipation of and for the payment of which shall be pledged future revenues derived from state collected taxes returned to the County of Antrim (the “County”) for County road purposes pursuant to law, for the purpose of defraying part of the cost of the construction, improvement, maintenance and repair of highways in the County through the acquisition and construction of a new truck storage facility (the “Improvement”); and |
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WHEREAS, pursuant to Section 1 of Act 143, the County Board of Commissioners |
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must authorize the maximum amount of the Notes to be issued by the Road Commission before the Notes may be authorized by the Road Commission; and |
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WHEREAS, the Road Commission, by resolution, has requested the authorization of |
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the County Board of Commissioners to issue the Notes. |
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NOW, THEREFORE, BE IT RESOLVED THAT: |
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1. The Road Commission is hereby authorized to borrow the principal amount of |
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not to exceed $995,000 and to issue its Notes therefor, to provide funds for the purpose of defraying part of the cost of the Improvements, all pursuant to Act 143. The interest rate shall not exceed the maximum rate of interest permitted by law at the time of sale and there shall be pledged for the payment of such Notes future revenues derived from state collected taxes returned to the County for County road purposes pursuant to law. The full faith and credit of the County shall not be pledged for payment of such Notes. |
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2. The County Treasurer and the County Clerk are hereby authorized to execute |
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any and all agreements, certificates and documents necessary to effectuate issuance of the Notes. |
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3. The County Treasurer is hereby authorized and directed to set aside each year |
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in a separate fund, from the state-collected taxes returned to the County for County road purposes pursuant to law, monies which have not been theretofore specifically allocated for other purposes an amount sufficient for the payment of the principal of and interest on the Notes coming due within the next year. |
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4. The sale of the Notes by the Road Commission on a competitive basis is |
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hereby authorized and approved. |
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5. The County hereby covenants that, to the extent permitted by law, it shall take |
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all actions within its control necessary to maintain the exclusion of the interest on the Notes from gross income for general federal income taxation purposes under the Internal Revenue Code of 1986, as amended (the “Code”), including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Note proceeds and monies deemed to be Note proceeds. |
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6. The County has determined that it does not intend to issue, or to authorize to |
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be issued on its behalf, tax exempt obligations in the aggregate amount of $10,000,000 or more in the calendar year 2003 and therefore authorized the Road Commission to designate the Notes as “qualified tax-exempt obligations” for purposes of deduction of interest expense by financial institutions pursuant to the Code. |
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7. The County hereby represents that the aggregate principal amount of tax- |
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exempt obligations which the County expects to issue, or cause to be issued, in the calendar year 2003, including the Notes, will not exceed $5,000,000. Pursuant to Section 148(f)(4)(D)(iv) of the Code, the County hereby irrevocably allocates to the Road Commission, which issues obligations on behalf of the County, a portion of its $5,000,000 limitation under said Section of the Code in an amount not to exceed $995,000. This allocation is intended to qualify the Notes for the $5,000,000 exception to the arbitrage rebate requirements of the Code applicable to governmental units issuing $5,000,000 or less of obligations. |
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Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; |
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Absent - None. |
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RESOLUTION #15-03 DECLARED ADOPTED. |
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It was moved by Stanek, seconded by McLeod that $2,500 be transferred from Fund |
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#225 (Animal Control Donations) to the spay and neuter program and the budget of Fund #225 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. |
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It was moved Stanek, seconded by Howelman that the following budget for Fund #225 |
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(Animal Control Donations) be approved for 2003: |
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Revenue- from donations 32,500 from interest 300 32,800 |
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Expenditures supplies 7,843 equipment 15,000 communications 800 approp. - spay & neuter 2,500 special animal care 5,843 32,986 |
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Ending Fund balance 814 |
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Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded by Bargy that $14,680 be transferred from Fund |
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#137 (Capital Outlay Reserve Fund) to the General Fund (capital outlay - Sheriff) for purchase of FSG/LEMS software and the budgets of Fund #137 and Fund #101 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. |
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It was moved by Stanek, seconded by McLeod that a CAD mapping update be |
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purchased for 911 from Fund #262 (911 Wireless Fund) for $39,900 in order to be compliant with Phase II and the budget of #262 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. |
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It was moved by Stanek, seconded by Dawson that the health insurance account in the |
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General Fund be increased by $1,760 for reimbursement to Antrim County Transportation for the increase in payments in lieu of health insurance and the County Clerk be authorized to make any other adjustments to accommodate other entities that require reimbursement for this purpose. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded by McLeod that the following budget for Fund |
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#256 (Register of Deeds Automation Fund) be approved: |
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Revenue from recording fees 48,000 from interest 400 48,400 Expenditures supplies 9,000 Equipment 39,000 48.000 Ending fund balance 400 |
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It was moved by Stanek, seconded by Howelman that the change order for $4,000 for |
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addition of a drain field around the new Animal Shelter be approved and the expenditure budget of Fund #470 for this project be increased by $4,000. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded by Blackmore that $25,000 be allocated from the |
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Forestry Fund for replacement of the existing railroad bridge on the Jabara property (Cedar River property) and $10,000 be allocated from the Forestry Fund to match the $10,000 Tribal grant for the Cedar River property trail to the railroad bridge and the expenditure budget of the Forestry Fund be increased by $35,000. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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It was moved by Stanek, seconded by McLeod that an expenditure of up to $1,200 as |
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budgeted from Capital Outlay for computer software for the Coordinator/Planner 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. |
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It was moved by Stanek, seconded by Bargy that the claims and accounts totaling |
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$96,116.77 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. |
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William Murphy, Emergency Services Director, gave the Emergency Services 2002 |
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Annual Report. |
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It was moved by Bargy, seconded by Allen that the 2002 Emergency Services Annual |
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Report be accepted. Motion carried all members present voting yes. |
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Arlen Turner, Building Official, presented the Construction Code Enforcement Annual |
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Report. |
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It was moved by Crawford, seconded by Bargy that the 2002 Construction Code |
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Enforcement Annual Report be accepted. Motion carried all members present voting yes. |
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Judy Martin presented the Meadowbrook Medical Care Facility Annual Report. |
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It was moved by Blackmore, seconded by Howelman that the Meadowbrook Medical |
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Care Facility 2002 Annual Report be accepted. Motion carried all members present voting yes. |
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Bud Shipstead and Elaine Wood gave the Northwest Michigan Council of |
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Governments 2002 Annual Report. |
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It was moved by Dawson, seconded by Howelman that the minutes of April 10, 2003 |
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be approved. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Howelman that funding for a vacant |
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corrections officer position be restored and the Sheriff fill the position. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Crawford that the Construction Code |
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Enforcement Department hire a temporary part time Mechanical Inspector for a period of six months. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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The Chairman appointed Robert Atkinson, Tom Lane, and Peter Garwood to the |
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Economic Development Corporation/Brownfield Redevelopment Authority and Jim Pascoe, Jill Barnard, and Marshall Wright to the Planning Commission. |
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It was moved by McLeod, seconded by Crawford that the appointment of Robert |
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Atkinson, Tom Lane and Peter Garwood to the Economic Development Corporation/Brownfield Redevelopment Authority, terms to expire May 10, 2006 and the appointment of Jim Pascoe, Jill Barnard and Marshall Wright to the Planning Commission, terms to expire July 1, 2004 (Pascoe) and July 1, 2006 (Barnard and Wright) 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. |
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It was moved by McLeod, seconded by Howelman that health insurance program |
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#6001.1 - High be discontinued as no employees are enrolled. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Crawford that, as an insufficient time |
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period elapsed in which to obtain letters of interest in the FIA Board, the vacancy on the FIA Board be re-advertised and the appointment be presented at the next Board meeting. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Howelman that the current revision of |
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purchase of stand-alone personal computers and power-stand-alone personal computers for the county be accepted. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Dawson that the grant application to the |
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Grand Traverse Band of Ottawa and Chippewa Indians for informational and educational displays and arbor for Antrim Creek Natural Area be resubmitted. Motion carried all members present voting yes. |
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It was moved by Crawford, seconded by McLeod that the purchase of a security |
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system for Grass River Natural Area be endorsed. Motion carried all members present voting yes. |
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It was moved by Crawford, seconded by McLeod that the Parks and Recreation |
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Commission instruct the Wetzel Lake Planning Subcommittee to create and establish cost for plans for implementing a day use park for 2003. Motion carried all members present voting yes. |
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It was moved by Crawford, seconded by McLeod that the Antrim Conservation |
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District apply for a Coastal Management Program grant for Elk Rapids Day Park Planning at no cash cost to the County. Motion carried all members present voting yes. |
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It was moved by Crawford, seconded by Dawson that the quote from Twin Bay |
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Glass for materials and installation of door closers at the 1905 Courthouse north entrance for $1,489.89 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. |
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It as moved by Crawford, seconded by Howelman that the draft form of the |
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Maintenance Request/Work Order Authorization be adopted and Mr. Vitale be directed to use the forms for departments to request maintenance work in their areas. Motion carried all members present voting yes. |
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It was moved by Crawford, seconded by Dawson that two wheel chairs be purchased |
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for $527 each for use in emergency evacuation procedures at the County Building and ‘05 Courthouse if needed. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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RESOLUTION #16-03 by Bernard Blackmore, seconded by Eugene Dawson |
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WHEREAS, all land below the ordinary high water mark of the Great Lakes is held |
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in public trust by the State for the Michigan public, and adjoining private property owners have no inherent right to alter, disturb or modify those bottomlands. Similarly, private property owners adjacent to state parks are not allowed to remove trees or other vegetation on public lands to improve their view or personal enjoyment of the park. |
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WHEREAS, the current law allows manual non-mechanized grooming of bottomlands |
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by private property owners, including shoveling, raking and removal of vegetation by hand. |
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WHEREAS, the DEQ and Army Corps currently have a specifically designed |
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expedited permit to allow lakefront owners to use additional measures to access the water from their home during low lake levels. This permit allows construction of a 6-foot wide path, including the use of up to 25 yards of fill, limited mechanical mowing of public bottomlands, and seasonal wooden walkways. |
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WHEREAS, the proposed legislation would allow mechanized grooming (plowing, |
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disking or tilling) of the top 4 inches of public bottomlands. This activity destroys vegetation that protects the shoreline from erosion during high water periods. |
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WHEREAS, supporters of the proposed legislation argue that exposed vegetation |
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on public bottomlands in front of their property decreases the value of their property. Yet data from the last 10 years shows substantial growth in value of shoreline properties. |
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WHEREAS, periods of low Great Lakes water levels are a naturally occurring |
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phenomenon, as is the associated growth of near shore vegetation. Allowing adjacent property owners to modify this process to their liking risks long-term consequences of shoreline erosion, reduced fish and wildlife populations, and an increase in exotic and invasive species. |
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WHEREAS, passage of the bill may put Michigan out of compliance with federal |
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environmental laws and could result in the loss of up to $3 million in federal coastal zone management funds., further hampering the state’s ability to manage coastal wetlands. |
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WHEREAS, our Great Lakes shoreline is too important to all Michigan residents to |
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jeopardize its future for the short-term benefit of a few adjacent private property owners. |
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WHEREAS, Legislation that recently passed the state House (HB4257), and is |
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pending in the Senate (SB 244) that would allow mechanized beach grooming on public Great Lakes bottomlands without a permit is a threat to the public trust and water quality of the Great Lakes and should be opposed. |
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NOW, THEREFORE BE IT RESOLVED, that the County of Antrim opposes the |
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passage of SB244 and urges the Senate of the State of Michigan to vote against the passage of this bill. |
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Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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RESOLUTION #16-03 DECLARED ADOPTED. |
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It was moved by McLeod, seconded by Allen that the Sheriff be authorized to sign |
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the Marine Patrol grant. Motion carried all members present voting yes. |
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It was moved by McLeod, seconded by Dawson that the Chairman sign an agreement |
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for lease of a fuel truck at the Airport for $450 per month for six months and that the Airport budget be increased by $2,700. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Blackmore, Allen; No - Stanek; Absent - None. |
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It was moved by McLeod, seconded by Dawson that the price of gas at the |
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Antrim County Airport be increased by $ .10 per gallon and that the revenue be increased by $2,700. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Blackmore, Allen; No - Stanek; Absent - None. |
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It was moved by Dawson, seconded by McLeod that the county purchase a plow |
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truck for the Antrim County Airport for $165,965 which will be grant funded. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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RESOLUTION #17-03 by Robert McLeod, seconded by Eugene Dawson |
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WHEREAS, the Board of Commissioners met in regular session on May 8, 2003 |
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and reviewed a request from Community Corrections to approve a grant application for their FY 04 funding in the amount of $337,660.00; and |
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WHEREAS, the 13th Circuit Court Community Corrections Advisory Board was |
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formed in 1993 with broad representation from the criminal justice community and the three counties which comprise the region to implements services for alternatives to jailing; and |
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WHEREAS, grant funds are available to continue community corrections services |
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which have served to reduce the region’s prison commitment rate, increase the utilization of jails, and provide treatment for offenders to reduce recidivism; and, |
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WHEREAS, the 13th Circuit Court CCAB has recommended approval of the FY |
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2004 Grant Application to the Office of Community Corrections for the 13th Circuit Court Community Correction Programs & Services in the amount of $180,710 and the submittal of the FY 2004 Grant Application for PRS in the amount of $156,950, totaling $337,660; and |
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WHEREAS, Antrim County Board of Commissioners’ approval, along with the |
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approval of the Leelanau and Grand Traverse County Board of Commissioners, is necessary for the grant submittal. |
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NOW, THEREFORE BE IT RESOLVED by the Antrim County Board of |
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Commissioners that the FY 2004 Grant Application to the Office of Community Corrections for the 13th Circuit Court Community Correction Program and the submittal of the FY 2004 grant application to OCC - Probation Residential Services is hereby approved by Grand Traverse County. |
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Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None. |
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RESOLUTION #17-03 DECLARED ADOPTED. |
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It was moved by Blackmore, seconded by Howelman that the Board retire to Closed |
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Session to discuss negotiation with the Village of Bellaire for property sale. Motion carried all members present voting yes. |
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The Board went into Closed Session at 12:20 p.m. |
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The Board returned at Open Session at 12:30 p.m. |
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The meeting adjourned at 12:30 p.m. to the Call of the Chair. |