ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, July 10, 2003

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

The Pledge of Allegiance was given.

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

Crawford, Laura Stanek, Bernard Blackmore, Joseph Allen

Absent: None.

The Chairman requested Public Comment. Jim Gerr spoke on the Commission’s attention to the public when addressing issues. Lawrence Wolgamott objected to the special interest groups influencing Commission’s decisions and encouraged board member’s adherence to the constituents. Ed Martel objected to payments for land information and maintained the Conservation District was doing things that interfere with the process of obtaining soil erosion permits. Alan Martel spoke on Planning Commission issues. Public Comment closed at 9:23 a.m.

Charles Koop, Prosecuting Attorney explained the Sport Target Shooting Ordinance for the Wilks Memorial Forest.

ORDINANCE #01-03 by Larry Bargy, seconded by David Howelman

The County of Antrim does hereby ordain:

ARTICLE 1

1.01.1 PURPOSE: The County of Antrim, having ownership of a large number of parcels of property throughout the County, has the control and stewardship of these parcels for use by the County and for the benefit of all of its citizens. The Board of Commissioners of Antrim County is concerned with the potential liability, which could arise from the use of any County property for sport target shooting, with the possible result of injury to citizens or the general public who may be using those County lands for other recreational purposes. Additionally, the Board of Commissioners is concerned with trash and rubbish being left upon County property by those persons conducting sport target shooting.

1.01.2 STATUTORY PROVISIONS: Michigan’s Sport Shooting Range Protection Act (Public Act 269 of 2989, as amended) is a statutory scheme for the regulation and civil immunity arising from the operation of sport shooting ranges owned and used as sport shooting ranges that conform with the “generally accepted operation practices”. Section 1 of Public Act 269 of 1989, as amended, required the Natural Resources Commission to adopt “generally accepted operation practices” required under Michigan’s Sport Shooting Range Protection Act. However, the Nation Rifle Association has replaced the National Rifle Association Range Manual, A guide to Planning and Construction, 1988 with the National Rifle Association Range Source Book, 1999, and the National Rifle Association has declared the National Rifle Association Range Manual, A Guide to Planning and Construction, 1988 null and void. Since the replacement of the National Rifle Association Range Manual, A Guide to Planning and Construction, 1988, the Natural Resources Commission has not adopted any new “generally accepted operation practices”. However, the Natural Resources Commission is currently developing new “generally accepted operation practices” for both supervised and unsupervised sporting shooting ranges. Thus, the County is concerned that currently there are not any “generally accepted operation practices.”

ARTICLE 2

2.01 DEFINITIONS:

2.01.1 “Sport Target Shooting” means the use of archery, rifles, shotguns, pistols, silhouettes, skeet, black powder, or any other similar device used for sport shooting for the purpose of practice, training or “sighting-in” such devices.

2.01.2 “Person” means an individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity.

ARTICLE 3

3.01 PROHIBITED USES: A person shall not use any property owned by the County of Antrim for the purpose of sport target shooting.

3.02 EXCLUDED FROM PROHIBITED USES: Nothing in this Ordinance shall be deemed to prohibit the use of property owned by the County of Antrim for the following purposes:

3.02.01 Hunting or the discharge or use of any archery rifles, shotgun, pistols

silhouettes, skeet, black powder, or any other similar device while

hunting.

3.02.02 Training, qualification, practice or discharge of any assault weapons, rifles

shotguns, or pistols, by any law enforcement officers, reserve officers, or

any employees of any law enforcement agency or prosecuting attorney’s

Office while doing so at the direction or requirement of their Department.

3.02.03 Any County Property designated by the Antrim County Board of

Commissioners as a sport shooting range.

ARTICLE 4

4.01 PENALTIES: A person who violates any section of this Ordinance, rule or order shall, in accordance with M.C.L.A. 46.10b and M.C.L.A. 600.8701 et. Seq., be deemed responsible for a municipal civil infraction, punishable by a fine of not more than $500.00.

4.02 ENFORCEMENT: Any peace officer, law enforcement officer or conservation officer may enforce this ordinance and may issue municipal civil infraction citations.

ARTICLE 5

5.01 SAVING CLAUSE: The provisions of this Ordinance are hereby declared to be severable, and if any clause, sentence, word, section, or provision is declared void or unenforceable, for any reason, by a court of competent jurisdiction, the remaining portions of said Ordinance shall remain in force.

5.02 EFFECTIVE DATE: This Ordinance shall take effect upon publication of notice of adoption.

It was moved by McLeod, seconded by Crawford that Ordinance #01-03 be tabled. Motion FAILED by a yea and nay vote as follows: No - Bargy, White, Howelman, Stanek, Blackmore; Yes - McLeod, Dawson, Crawford, Allen; Absent - None.

Motion to table having failed, the roll call vote on Ordinance #01-03 was taken as follows:

Yes - Bargy, White, Howelman, Stanek, Blackmore, Allen;

No - McLeod, Dawson, Crawford;

Absent - None.

ORDINANCE #01-03 DECLARED ADOPTED.

Howard Yamaguchi, Associate Planner, reported on the visioning sessions for the County Master Plan.

Stan Moore, MSU Extension Director gave the MSU Extension Annual Report.

It was moved by McLeod, seconded by Dawson that the MSU Extension 2002 Annual Report be accepted. Motion carried all members present voting yes.

It was moved by Dawson, seconded by Allen that the minutes of June 12, 2003 be accepted. Motion carried all members present voting yes.

It was moved by Stanek, seconded by McLeod that the Veterans Counselor purchase a computer and printer, total cost not to exceed $1,300 and the Capital Outlay budget in the General Fund be increased by $1,300. 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 that the claims and accounts totaling $50,344.44 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 that $6,776 be transferred from Capital Outlay Reserve Fund to Jabara Property Acquisition Fund to cover a fund balance deficit 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.

Cathy Odom, Village of Bellaire Clerk, requested approval of annexation to the Village of Bellaire.

Michael Crawford, Board of Commissioners member and owner of Crawford Construction, made the following statement: He is the owner of Crawford Construction and therefore there is a conflict of interest in his participation in the annexation matter and, as such, he would not participate in the discussion or vote on the Village of Bellaire annexation matter.

It was moved by McLeod, seconded by Allen that the annexation of the following described property to the Village of Bellaire be approved:

Property #05-07-224-019-00, E ½ of the SE 1/4 of the SW 1/4 of Section 24 T30N R8W

Forest Home Township, Antrim County

and

Property #05-07-224-020-00, W ½ of SE 1/4 of SW 1/4, of Section 24 T30N R8W.

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

It was moved by McLeod, seconded by Howelman that the Digital Geographic Data Sharing Agreement between Antrim County and Charlevoix County be approved and the Chairman be authorized to sign same. Motion carried all members present voting yes.

It was moved by McLeod, seconded by Allen that the county Privacy Policy (#2003-1) 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 that the following policy concerning computers be approved:

When a computer is being replaced and there is no other use for it within

that department or another County office, the hard drive shall be removed

from the Central Processing Unit (CPU) and destroyed. The remaining CPU

can be sold or properly disposed of.

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 #20-03 by Robert McLeod, seconded by David Howelman

RESTORATION OF THE MI CHOICE MEDICAID WAIVER PROGRAM

WHEREAS, the 2000 Census reports there were 5,459 Antrim County residents age 60 and older; and

WHEREAS, a recent study of adults in Michigan conducted by W.K. Greene and Associates found that 90% of respondents think that people receiving Medicaid assistance for long term care should have the option of choosing where to receive their services and 91% believe it is somewhat to very important that the Governor and Legislature explore lower-cost alternatives for delivering long term care services to Medicaid residents; and

WHEREAS, many disabled residents live alone, or have family care givers who are unable to meet their care needs without help or financial assistance; and

WHEREAS, elderly and disabled residents in Lake County should be able to receive needed long term care in a variety of settings, such as nursing homes and community-based options including their own home; and

WHEREAS, the MI Choice program saves money by costing Medicaid an average of just $39 per person per day compared to Medicaid average payments for nursing home care of $98 per day; and

WHEREAS, MI Choice has contributed toward a 17% reduction in the utilization of Medicaid beds in nursing homes over the past 10 years and can be used by the state to control expensive nursing home costs during this time of fiscal crisis; and

WHEREAS, the MI Choice program served 15,000 individuals in 2001, but will only be helping approximately 5,000 by the end of fiscal year 2003; and

WHEREAS, Michigan citizens should have the freedom to choose where they live, especially when it can be less costly to taxpayers, rather than being forced to choose to live in a nursing home

THEREFORE BE IT RESOLVED that the Antrim County Board of Commissioners calls upon the State of Michigan to re-open Michigan’s MI Choice Medicaid Waiver program so that indigent elderly and disabled individuals will have a community-based long term care option.

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

No - None;

Absent - None.

RESOLUTION #20-03 DECLARED ADOPTED.

It was moved by McLeod seconded by Crawford that the following policy on Driving in Behalf of the County be approved:

Prior to driving an Antrim County vehicle or driving their private vehicle in behalf

of Antrim County, the potential driver must fill out a form that authorizes the County to

check their driving record.

Each department head is responsible for making sure the forms are completed and

signed by all individuals driving an Antrim County vehicle or collecting reimbursement

for driving their private vehicle on behalf of their department.

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 the following bargaining unit agreements be ratified and the Chairman be authorized to sign:

Sheriff Department Command Unit - Teamsters

Corrections/Cooks/Clerical Unit - Teamsters

Deputies/Dispatcher Unit - POAM

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 Chairman announced there would be a special meeting on Tuesday, July 22, 2003 at 7 p.m. to hear presentations on health insurance and to discuss other pertinent matters.

It was moved by Dawson, seconded by Allen that, in the 2003 Airport budget, $1,006 be transferred from wage account #705 to part time wage account #708 (summer intern). Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore, Allen; No - None; Absent - None.

Because Mike Crawford is Chairman of the Buildings and Grounds Committee of the Antrim County Board of Commissioners and also owner of Crawford Construction, he made the following statement: He is the owner of Crawford Construction Company and, as such, he would not participate in the discussion of or vote on the bid award for re-roofing at the Emergency Operations Center.

It was moved by Bargy, seconded by Dawson that the bid from Crawford Construction Company for $2,919.15 for re-roofing of the Emergency Operations Center be accepted. Motion carried by a yea and nay vote as follows: Yes - McLeod, Dawson, Bargy, White, Howelman, Stanek, Blackmore, Allen; No - None; Abstain - Crawford; Absent - None.

Mike Crawford reported that the Village of Elk Rapids had expressed interest in management of the Elk Rapids Day Park.

It was moved by McLeod, seconded by Crawford that the Parks Committee continue with negotiations with the Village of Elk Rapids for management of the Elk Rapids Day Park. Motion carried all members present voting yes.

It was suggested that the September meeting include a trip to Wetzel Lake recreational area.

It was moved by Bargy, seconded by Blackmore that Carl Goeman, Emergency Services Director, use the county car for transportation to work and back and for emergency situations. Motion carried all members present voting yes.

It was moved by Howelman, seconded by Stanek that the 2003 MeadowView appropriation to the General Fund be increased by $10,000 to $15,000 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 recommendation from the Lands Committee concerning an appropriation for the River Restoration program was referred to the Finance Committee.

Kent McNeil gave a presentation on Farmland Preservation.

The meeting adjourned at 11:30 a.m. to the Call of the Chair.

___________________________________

Jack White, Chairman

_______________________________

Laura Sexton, County Clerk