ANTRIM COUNTY BOARD OF COMMISSIONERS

ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, July 8, 2004

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.

The Chairman requested Public Comment. Janet Person from the Antrim Conservation District gave an update on Wetzel Lake. The following people spoke against the proposed Farmland Preservation Ordinance: Ed Martel, Jim Gurr, Gregory Karam, John Kosloskey, and Lawrence Wolgamott. The following people spoke in favor of the proposed Farmland Preservation Ordinance: Gordon Kilmer, Sandra Beckwith, Paul Hubbell, Dorance Amos, Kim Schmidt, and Rick Sayler. Dennis LaBelle, Grand Traverse Prosecuting Attorney, explained the Ordinance as Grand Traverse passed it and the possible Urban Cooperation Agreement which may follow.

The following Ordinance from the June 10, 2004 meeting was re-introduced. It was noted that Section 13 had been changed from a 2/3 majority of the Board of Commissioners being required to amend the Ordinance to a majority vote of the members of the Board of Commissioners elected and serving.

ORDINANCE #01-04 by Larry Bargy, seconded by Laura Stanek

FARMLAND PRESERVATION

(see pages 15-30)

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

No – McLeod, Dawson;

Absent – None.

ORDINANCE #01-40 DECLARED ADOPTED.

It was moved by McLeod, seconded by Dawson the minutes of June 10, 2004 be approved. Motion carried all members present voting yes.

The Chairman introduced Robert Massey, Interim Director of the Construction Code Enforcement Department.

It was moved by Stanek, seconded by Bargy the funding for the vacated County Treasurer position be reinstated in the 2004 General Fund budget. 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 District Court take credit card payments for various expenses through Government Payment Services, the service paid to be absorbed by the consumer. 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 the claims and accounts totaling $71,910.84 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 McLeod, seconded by Howelman an additional $86 be paid to the Antrim Conservation District for the erosion control project at Wetzel Lake. 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 Chairman and County Clerk sign the 4-D Cooperative Reimbursement Contract Application (Prosecuting Attorney) for the period of October, 2004 through September, 2005. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Blackmore, Allen; No – None; Absent – None.

Chris Groebbel on behalf of the Tip of the Mitt gave a presentation on “Takings”.

Thomas Zick, CPA presented the 2003 County Audit.

It was moved by Stanek, seconded by Dawson the 2003 County Audit report be accepted. Motion carried all members present voting yes.

The Public Hearings on the Wetzel Lake Grant Application to the Michigan Department of Natural Resources Trust Fund and the Antrim Creek Natural Area Grant Application to the Michigan Department of Natural Resources Trust Fund convened at 11:00 a.m. The Wetzel Lake Grant is for $50,200 of which $6,050 is a county cash match and $6,100 is township in-kind match. The Antrim Creek Grant is for $54,725 of which $8,700 is a county cash match and $4,981.25 is an in-kind match. Jim Gurr spoke on the Wetzel Lake Grant Application. The Public Hearings ended at 11:20 a.m.

It was moved by McLeod, seconded by Crawford that page four of the June 10, 2004 Board of Commissioners minutes concerning the Wetzel Lake Grant be amended to read a county match of $6,050 rather than $5,040. Motion carried all members present voting yes.

RESOLUTION #25-04 by Robert McLeod, seconded by Joseph Allen

WHEREAS, the Antrim County Board of Commissioners fully supported and adopted the Antrim County Comprehensive Recreation Plan on February 10, 2000, and

WHEREAS, the Comprehensive Recreation Plan states the desire for Antrim County to create a park at Wetzel Lake including picnic areas, camping, and hiking trails, and

WHEREAS, the improvements named in the implementation plan of the Comprehensive Recreation Plan and thus also in the Michigan Department of Natural Resources Trust Fund Grant Application are necessary to provide better recreational amenities, increased access, and to comply with the provisions of the American Disabilities Act (ADA), and

WHEREAS, the proposed improvements would provide for increased enjoyment of the lake by providing a modern bathhouse, a trail allowing access around the lake, installing 7 new primitive campsites, thereby upgrading the recreational experience, and

WHEREAS, due to budgetary constraints the County of Antrim does not currently have the ability to finance these capital improvements, without additional funding;

BE IT THEREFORE RESOLVED, that the Antrim County Board of Commissioners authorizes a grant application for funding through the Michigan Department of Natural Resources Trust Fund program for the aforementioned improvement to the Wetzel Lake Recreational Center in Mancelona Township, Section 2, T.29N – R6W, and

BE IT FURTHER RESOLVED, that the Antrim County Board of Commissioners agrees to accept the grant if awarded, and will provide a local match of twenty-five (25%) percent in the amount of $12,500.

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

No - None;

Absent – None.

RESOLUTION #26-04 by Robert McLeod, seconded by Eugene Dawson

WHEREAS, the Antrim County Board of Commissioners fully supported and adopted the Antrim County Comprehensive Recreation Plan on February 10, 2000, and

WHEREAS, the Antrim Creek Natural Area Plan, a component of the Comprehensive Recreation Plan states that we need to provide historical and environmental educational opportunities to the visitors to the Antrim Creek Natural Area, and,

WHEREAS, the proposed informational arbors would provide for increased educational experience and natural heritage of the area and the history that shows the excellent care that was taken of the Natural Area in past history, and

WHEREAS, due to budgetary constraints, the County of Antrim does not currently have the ability to finance these capital improvements, without additional funding;

BE IT THEREFORE RESOLVED, that the Antrim County Board of Commissioners authorizes a grant application for funding through the Michigan Department of Natural Resources Trust Fund program for the aforementioned improvement to the Antrim Creek Natural Area in West Banks Township, Sections 11 & 14, T32N, R9W, and

BE IT FURTHER RESOLVED, that the Antrim County Board of Commissioners agrees to accept the grant if awarded, and will provide a local match of twenty-five (25% percent in the amount of $13,861.25.

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

No - None;

Absent – None.

RESOLUTION #26-04 DECLARED ADOPTED.

RESOLUTION #27-04 by Robert McLeod, seconded by Michael Crawford

A RESOLUTION TO AUTHORIZE THE APPLICATION FOR FUNDING

THROUGH THE MICHIGAN NATURAL RESOURCES TRUST FUND

(MNRTF) TO ACQUIRE PARK LANDS FOR INCLUSION IN THE GRASS

RIVER NATURAL AREA

WHEREAS, the Antrim County Board of Commissioners adopted the County of Antrim Comprehensive Recreation Plan on February 10, 2000, and

WHEREAS, acquisitions named in the Comprehensive Recreation Plan and in the Natural Resources Trust Fund Grant Application are necessary for protection of the environment and to provide for the recreation needs of the public, and

WHEREAS, due to budgetary constraints, Antrim County does not currently have the ability to finance these acquisitions without additional funding;

BE IT THEREFORE RESOLVED, that the Antrim County Board of Commissioners authorizes the grant application for funding through the Michigan Natural Resources Trust Fund for the above mentioned acquisitions at the Grass River Natural Area, in Forest Home, Custer, and/or Helena Townships.

BE IT FURTHER RESOLVED, that the Antrim County Board of Commissioners agrees to accept the grant, if awarded, and will provide a local match of twenty-five (25%), as required.

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

No - None;

Absent – None.

RESOLUTION #27-04 DECLARED ADOPTED.

Alexis Kaczynski updated the Board on the North Country Community Mental Health.

It was moved by Blackmore, seconded by Howelman the Chairman sign the Settlement Agreement between the State Bureau of Construction Codes and the County of Antrim. 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 Construction Code Enforcement Department hire a full time plumbing inspector and a full time building inspector and the expenditures of the Construction Code Enforcement Fund be increased to reflect these additions. 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 meeting adjourned for lunch at 12:20 p.m. and reconvened at 1:15 p.m.

P.M.

The Chairman of the Administration Committee reported that Gayle Rider had been hired as Secretary in the MSU Extension Department which would leave the other secretary position vacant. The Administration Committee will proceed to fill that position.

It was moved by McLeod, seconded by Crawford that computers and other related equipment which would bring the Abstract Department to a level to accommodate the technology changes made in the Register of Deeds office be purchased from the Register of Deeds Automation Fund. 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 Abstract Department charge $5.00 for a search effective immediately and the 2004 General Fund budget be amended to reflect this change. 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 full time position in the County Clerk’s be reinstated and the part time position be eliminated. 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 #28-04 by Robert McLeod, seconded by Eugene Dawson

WHEREAS, county governments are subdivisions of the state government and are required to finance or carry out state mandates in many areas, including public and mental health, disease control, substance abuse, courts jails, detention of juvenile delinquents and care of abused and neglected youth, equalization of assessments, maintenance of vital records, prosecution of crimes, and oversight of elections; and

WHEREAS, the provision of these mandated services constitute the vast majority of county services; and

WHEREAS, the demand for most mandated county services arises from the circumstances of poverty and crime, which directly affect the quality of life for county residents; and,

WHEREAS, funding for these services comes in great part from state-shared revenues; and,

WHEREAS, cities, villages, and townships have constitutional protection for a portion of their revenue sharing while counties do not; and,

WHEREAS, constitutional limits on the growth of property tax revenues decreases in state shared revenues, and statutory limits on the generation of fees and charges are significantly limiting the ability of county governments to provide these services; and,

WHEREAS, the Representatives in the House have introduced a proposed constitutional amendment, House Joint Resolution Y, to protect a portion of state revenue sharing for counties by ensuring that counties would get 5% of the first 4 cents of sales tax constitutionally; and,

WHEREAS, County Boards of Commissioners under House Joint Resolution 7 would then have the same abilities to serve the citizens of the state as do city councils, township boards and village councils.

THERE, BE IT RESOLVED, that the Antrim County Board of Commissioners supports the State Legislators efforts to provide the same constitutional guarantees of state revenue sharing to counties as is afforded to cities, townships, and villages;

BE IT FURTHER RESOLVED that the Antrim County Board of Commissioners recommends that the Michigan Association of Counties, the Governor and the State Legislature support the proposed constitutional amendment House Joint Resolution 7 which will ensure the citizens of Michigan receive stable funding of state mandated and state constitutional services appropriated to their needs.

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

No - None;

Absent – None.

RESOLUTION #28-04 DECLARED ADOPTED.

RESOLUTION #29-04 by Robert McLeod, seconded by Eugene Dawson

WHEREAS Antrim County receives funding for transportation from the State of Michigan through Act 51 of 1951; and

WHEREAS, the Environmental Protection Agency (EPA) recently released new non-attainment designations using the eight-hour standard which impacts Northwest Michigan; and

WHEREAS, both ridesharing and public transit provide an alternative to single occupant vehicles and help relieve traffic congestion; and

WHEREAS, the public transit systems are currently under funded with the existing budget and the diversion of the vehicle related sales tax from the Comprehensive Transportation Fund would exacerbate the difficulty in providing public transit services necessary to provide both a lifeline to the elderly, handicapped and low income residents and providing transportation choices to help retain the creative class who are choice riders; and

WHEREAS, reducing funding of a law cost program like ridesharing and public transit limits the transportation choices for Michigan’s residents and jeopardizes the expansion of the economy. The reductions also do not provide the lifeline services that ensure the access to health and quality of life services for the transit-dependent. Reductions of this type are not in the best interest for the State and its residents, businesses or economy; and

WHEREAS, state public transportation funding provides the necessary match for federal capital funds and the proposed reduction seriously compromises the State’s ability to match federal transit funding

NOW, THEREFORE BE IT RESOLVED that the Antrim County Board of Commissioners hereby opposes Senate Bill 1081 and Senate Bill 1103; and

BE IT FURTHER RESOLVED that the Board of Commissioners directs the County Clerk to forward copies of this resolution to the State Legislators for the District and the remaining 82 counties in Michigan.

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

No - None;

Absent – None.

RESOLUTION #29-04 DECLARED ADOPTED.

The Administration Committee reported that it would be reconvening the investigation of the Construction Code Department issue which began May 14, 2004.

It was moved by McLeod, seconded by Crawford the annuity in lieu of health benefits for the County Commissioners be changed as follows:

*Annuity for not taking the hospitalization (basic) insurance $ 406.50 **

*Annuity for not taking the prescription coverage (rounded down) 40.00

*Annuity for not taking the dental coverage (rounded down) 20.00

**A two-person premium $813.00 divided by 2 = $406.50

At the request of Commissioner Bargy, the above motion was tabled until August.

It was moved by McLeod, seconded by Crawford that Steve Nevers be hired for the vacant Custodian/Maintenance position and that if he is unable to accept the position, James Huffman and Alan Knight be considered second and third respectively. 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 Construction Code Board of Appeals consist of eight (8) members as follows:

1 architect or engineer

1 builder

1 electrical

1 plumber

1 mechanical

1 fire protection

1 County Commissioner

1 at large

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 Howelman, seconded by Stanek the Chairman sign the Antrim County Child Care Agreement with the Michigan Family Independence Agency (Child and Family Services) for the fiscal year October 1, 2004 through September 30, 2005. 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 Howelman, seconded by Allen the rent at the Meadowview Apartments be raised by $17 to $439/mo. for the smaller apartments and by $20 to $512/mo. for the larger apartments effective January 1, 2005 with at least 30-day notice with the exception of the tenants who are currently in a one year lease in which case the rent will increase at the end of the lease. 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 Howelman, seconded by Stanek that ten (10) cooking stoves be purchased for the apartments at Meadowview Apartments at a total cost not to exceed $3,000 and the Meadowview Fund budget expenditures be increased by this amount. 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 Bargy, seconded by Stanek the Chairman and County Clerk be authorized to sign a grant application for $145,912 for a 2004 Homeland Security Grant. 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 Bargy, seconded by Blackmore a system recorder for the Dispatch Center be purchased from DSS Corporation for $24, 978 out of the Wireless Fund and the expenditure budget of the Wireless Fund be increased by $24,978. 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 Bargy, seconded by Blackmore that three computers and associated equipment be purchased for the Dispatch Center from Verizon for $29,060.92 out of the Wireless Fund and the expenditure budget of the Wireless Fund be increased by $29,060.92. 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 Bargy, seconded by Blackmore that the lien compliancy equipment be purchased for $16,040 from the Wireless Fund and the expenditure budget of the Wireless Fund be increased by $16,040. 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 Howelman the Township Ambulance Authority be permitted to consider Antrim County property currently containing the Animal Shelter and Little League ball fields as the primary location for a proposed ambulance barn and they proceed with engineering studies for the site and stake out possible locations for the “barn” in conjunction with the Buildings and Grounds Committee. Motion carried all members present voting yes.

It was moved by Blackmore, seconded by Dawson the Equalization Director and Antrim Conservation District examine the tax foreclosure list yearly for any properties that may be of interest to the County and report to the CLAF Committee. Motion carried all members present voting yes.

It was moved by Blackmore, seconded by Allen that Mike Meriwether enter into negotiations with Mark Sevald for purchase of approximately 50 acres of commercial forest reserve land in Section 14 of Forest Home Township at a price not to exceed $2,000 per acre with the conditions that Antrim County retain outright ownership of the property, the funds for purchase be paid from the Forestry Fund, and Forest Home Township use the county’s purchase amount as a cash match for a potential Michigan Natural Resources Trust Fund grant application for acquisition of adjoining properties. 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 that Springfield Construction repair and replace the damaged shingle area on the Airport Terminal Building for $750.00 and tie in to the Duro Last roof for $1,250.00 to be paid from the Airport budget. 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 that Mihm Enterprises recondition and seal the gutters on the 1905 Courthouse at a cost of $16,375.00 provided it includes application of a rust inhibitor and paint and the expenditure budget of Fund #470 (Capital Projects) be increased by $16,375.00. 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 Allen, seconded by Dawson that any increased expenditures of the Construction Code Enforcement Fund (Fund #249) over the next nine months be covered by an advance from the Self Insured Reserve Fund (Fund #105). 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 Dawson, seconded by McLeod the Airport Director apply to the FAA (Bureau of Aeronautics) for a grant for fencing at the Airport. Motion carried all members present voting yes.

It was moved by Dawson, seconded by Howelman the Chairman be authorized to sign the Amendment No. 1 to the Agreement for Engineering Service with Peckham Engineering Inc. for services concerning Project No. B26-0011-1204 of Contract No. FM 05-01-C37 (Fencing Phase I). 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 Dawson, seconded by McLeod that the proposed five-year development plan (2005-2009) for the Antrim County Airport 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 Bargy the following budget adjustments be approved:

Increase Decrease

GENERAL FUND

Revenue

From Taxes -0-

From Licenses & Permits -0-

From Other Agencies 200

From Current Services 8,000

From Other Sources 1,700

Expenditures

Commissioners – legal 5,000

Secondary Roads – fringes 1,300

Animal Control – electric 1,500

Dams – cont. serv. 500

Health – autopsies 6,000

SELF INSURED RESERVE FUND

Revenue – from Fund 253 10,100

GAS & OIL ROYALTIES FUND

Revenue – royalties 3,000

PROSECUTING ATTORNEY LEGAL FUND

Expenditures – cont. serv. 7,000

ANIMAL CONTROL DONATIONS FUND

Expenditures – equipment 10,700

ROAD PATROL FUND

Expenditures – fringes 3,000

EMS SUPPLEMENTAL PLANNING GRANT FUND

Revenue 10,500

Expenditures 10,500

Revenue – recording fees 8,000

HOMESTEAD PROPERTY TAX

Revenue – penalties & interest 15,500

2003 EMERGENCY SERVICES EXERCISE GRANT

Revenue - 1,000

LOCAL CORRECTIONS OFFICERS TRAINING FUND

Revenue – booking fees 5,200

- interest 100

Expenditures – training 3,000

EMERGENCY SERVICES GRANT FUND

Revenue 6,500

Expenditures 6,000

EMERGENCY SERVICES – SAP GRANT

Revenue 5,000

Expenditures 5,000

CAPITAL PROJECTS FUND

Expenditures – Animal Shelter 14,000

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

It was moved by McLeod, seconded by Crawford that, concerning the Public Information request from Robert Widmer, the cost be reduced to $300 of which there is a remainder of $205 for Mr. Widmer to pay. 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 meeting adjourned at 3:40 p.m.