ANTRIM COUNTY BOARD OF COMMISSIONERS

ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, September 8, 2005

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. Brian Donnelly advised against reimbursing Arlen Turner anything for his attorney fees. Ed Martel spoke on the county authority of chartered versus non-chartered counties in regard to enforcing health department regulations. Public Comment closed at 9:08 a.m.

It was moved by McLeod, seconded by Dawson the minutes of August 11 and August 23, 2005 be accepted as corrected. Motion carried all members present voting yes.

The Chairman appointed Mary Lou Tarrant to the Board of Canvassars as member from the Republican Party and Clarence Bennett to the Board of Canvassars as a member from the Democrat Party.

It was moved by Stanek, seconded by Dawson the re-appointment of Mary Lou Tarrant and Clarence Bennett to the Board of Canvassars, terms to expire 10/31/2009 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 McLeod Fund #221, Internet Access Project Fund be closed, the remaining balance in the fund be transferred to the General Fund, and internet access expenses continue to be paid from the Computer Department in the General 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 Stanek, seconded by McLeod, due to the change in billing from the Bellaire Computer Center, the townships be billed for maintenance of the tax and assessment record database and other tax & assessment services as follows:

1) Each township be billed a percentage of the total amount received in 2004

for maintenance of the database for tax and assessment records; the

percentage for each township to be based on the township’s portion of the

total county parcel count.

2) The County Treasurer bill the townships for any expenses relating to the

preparation, printing, and mailing of tax bills and/or any other records

prepared by that office.

3) The County Clerk bill the townships on behalf of the Equalization Director

for any preparation, printing, and mailing of any records including but not

limited to assessment rolls, tax rolls, and change of assessment notice

maintained by that 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 Stanek, seconded by McLeod Fund #516-205 be created for the purpose of receiving and expending the proceeds for 2005 delinquent taxes. 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 millage be set for the 2005 tax collection:

County Operating 5.2866 mills

Commission on Aging 0.3916

Meadowbrook MCF 0.7051

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 Arlen Turner be reimbursed up to $75,000 for expenses incurred in the defense of criminal charges on condition that Arlen and Connie Turner sign a statement that they will not introduce or conduct any litigation against or involving Antrim County concerning any civil or criminal matters involving Mr. Turner, the Antrim County Construction Code Enforcement Department and/or Antrim County. Mr. Howelman requested this matter be tabled until the next meeting. The matter was tabled.

It was moved by Stanek, seconded by Bargy the claims and accounts totaling $72,572.56 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 Dawson the Maintenance Supervisor or any of his staff as requested if called out on emergency be paid $35.00 for any time less than four consecutive hours and $55 for any time more than four consecutive hours. 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 McLeod, seconded by Crawford the corrections office position be reinstated and the position filled. 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 re-filling of a temporary part-time Animal Control officer position (10 hours per week) through the end of October 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 Crawford the hourly rate of the part-time Building Department clerical position be increased to $10.28 per hour retroactive to the one-year anniversary. 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 appointed Patricia Lowery to the Department of Human Services Board, Joe Meyers to the Regional Solid Waste Advisory Committee and Joe Wirtz to the Construction Code Board of Appeals.

It was moved by McLeod, seconded by Blackmore the appointment of Patricia Lowery to the Department Human Services Board, term to expire 10/01/2008, Joe Meyers to the Regional Solid Waste Advisory Committee, and Joe Wirtz to the Construction Code Board of Appeals, term to expire 12/31/2007, 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.

RESOLUTION #34-05 by Robert McLeod, seconded by Eugene Dawson

WHEREAS, the United States Constitution in Article 5 of the Bill of Rights, and the Michigan Constitution in Article X, Section 2, expressly provide for the protection of the private property rights of its citizens; and

WHEREAS, the power of eminent domain has been reserved to the local, state and federal governments for the sole purpose of acquiring private property through the use of condemnation proceedings when said privately held properties are needed for public purposes; and

WHEREAS, the United States Supreme Court recently handed down a decision upholding what they maintain is a local government’s ability to take private property for a vaguely defined “public good” such as economic development, or increased tax revenues to the local government itself; and

ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, September 8, 2005

WHEREAS, this Supreme Court decision put at risk the very right of private individuals to be free from government interference in their right to keep and enjoy their private property; and

WHEREAS, this action by the Supreme Court is contrary to and contravenes the aforementioned constitutional protections against such capricious and willful attacks by any governmental body upon the rights of the citizens.

NOW, THEREFORE, BE IT RESOLVED that we, the Antrim County Board of Commissioners, recognizes and support the original concept of the framers of the Constitution wherein the power of the eminent domain shall be used only as a last resort to acquire private property for a public project, and that any such public project can be demonstrated to be necessary to accomplish the general welfare of the citizens of that jurisdiction.

BE IT FURTHER RESOLVED, that Antrim County strongly feels that any condemnation of private property for use for private development for profit is unconstitutional.

BE IT ALSO FURTHER RESOLVED, that this Board deems any departure from the original principles of eminent domain to be an assault on our basic foundations of liberty and a threat to the rights of private property ownership; and again strongly urge all counties with the State of Michigan to encourage their Federal and State Legislators to use all means necessary to strengthen the original purpose of the Rights of Eminent Domain within the State Constitution.

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

No - None;

Absent – None.

RESOLUTION #34-05 DECLARED ADOPTED.

RESOLUTION #35-05 by Robert McLeod, seconded by Michael Crawford

WHEREAS, Hurricane Katrina has caused wide-spread damage, loss of lives, and extreme hardship to United States citizens residing in the southern states, and,

WHEREAS, the Antrim County Board of Commissioners expresses their compassion and sympathy for the victims of Hurricane Katrina, and,

WHEREAS, the affected states are part of the Emergency Management Assistance Compact, (EMAC) and thus are able to request assistance from other states, including Michigan, that are a part of the compact.

NOW, THEREFORE, BE IT RESOLVED, that the Antrim County Board of Commissioners strongly urges the leadership in the State of Michigan to provide as much assistance as possible to the victims of Hurricane Katrina.

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

No - None;

Absent – None.

RESOLUTION #35-05 DECLARED ADOPTED.

It was moved by McLeod, seconded by Howelman the mileage rate be raised to

$ .405 per mile effective September 8, 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 McLeod, seconded by Crawford the 5% increase in construction code permit fees be implemented effective September 15, 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 McLeod, seconded by Stanek the renewal of Norton anti-virus software for $14 per computer 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.

The Chairman announced that Betty and George Perkins had resigned as managers of Meadow View Apartments.

It was moved by McLeod, seconded by Stanek the Unauthorized Release of Information Policy (see p.) be adopted. 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 Allen that the hiring policy be amended, deleting the part about the candidate for a department head position having to appear for interview before the entire Board of Commissioners. 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 Dawson that quotes be obtained for graveling of the access road to the Skinkle Road property and Mike Meriwether be authorized to award the low quote, the project be paid for from the Forestry Fund, and the Forestry Fund expenditure budget be increased by the amount of the successful quote. 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 Dawson that request from the Village of Elk Rapids to place gazebo pods on the Antrim County property located in front of the Elk Rapids Hydro Dam be approved. Motion carried all members present voting yes.

It was moved by Crawford, seconded by McLeod the payment of $2,483.63 for the waterless urinals and reinstallations of the original urinals be paid from the Barnes Park budget and the $1,000 payment and the $1,000 credit from Nichols (waterless urinals) be applied to the Barnes Park 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 suggested the Parks Committee contact the Village of Elk Rapids again about transferring the county park at Elk Rapids to the Village.

It was moved by Crawford, seconded by McLeod the Park Manager, Eileen Wallick, conduct a Halloween activity at Barnes Park. Motion carried all members present voting yes.

It was moved by Howelman, seconded by Blackmore the proposal by Meadowbrook Medical Care Facility administration to assume management responsibilities for Meadow View Apartments be accepted effective September 8, 2005, contract to be presented at a later date. 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 Palace Painters be paid the balance of $6,824.10 for work completed on the Maltby Building and $2,800 be allocated for additional work that needs to be done on the windows and trim at the Maltby Building and the expenditures budget of Fund #470 be increased by these amounts. 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 McLeod $23,000 be budgeted in Fund #470, Capital Projects Fund, for exterior repair of the Meadow View Apartments and the Buildings and Grounds Committee be authorized to proceed with contracting for this work in the spring. 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 Northern Restoration be paid $2,250 for work in the area around where the clock faces will be installed on the 1905 Courthouse, and the expenditure budget of Fund #470 be increase 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 McLeod, seconded by Howelman the Buildings and Grounds Committee be authorized to proceed with the work securing the support areas in the bell tower of the 1905 Courthouse and the expenditure budget of Fund #470 be increased by the expense incurred for this project. 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 construction of dugouts and installation of a sprinkler system at the Little League ball diamonds on the county property across M-88 from Meadowbrook MCF be approved at no cost to the county. At the request of Commissioner Bernard Blackmore, the motion was tabled until the October meeting.

It was moved by McLeod, seconded by Allen the Public Safety Committee be authorized to award the bids for the sale of the Sheriff Department vehicles. Motion carried all members present voting yes.

RESOLUTION #36-05 by Laura Stanek, seconded by Larry Bargy

WHEREAS, the Antrim Board of Commissioners approved the Antrim County Farmland and Open Space Development Rights Ordinance on July 8, 2004, and

WHEREAS, the Farmland and Open Space Development Rights Ordinance allows for a joint program with Grand Traverse County under the authority of the Urban Cooperation Act of 1967, MCL 124.501 et. seq.

NOW, THEREFORE, BE IT RESOLVED that the Antrim County Board of Commissioners directs Antrim County legal counsel to work with legal counsel from Grand Traverse County to draft an intergovernmental contract under the authority of the Urban Cooperation Act of 1967,

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

No - None;

Absent – None.

RESOLUTION #36-05 DECLARED ADOPTED.

Joseph Allen left the meeting at 11:30 a.m.

It was moved by Bargy, seconded by Howelman the Sheriff Department purchase a detective car for not more than $13,500 and a mini van for not more than $20,000, and $33,500 be transferred from Contingencies to Capital Outlay in the 2005 General Fund budget. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford; No – Stanek, Blackmore; Absent – Allen.

RESOLUTION #37-05 by Larry Bargy, seconded by Robert McLeod

WHEREAS, Antrim County (“County”) has adopted a Final 911 Service Plan (“Plan”), and Plan Service District (“Service District”) pursuant to the Emergency Telephone Service Enabling Act 1986 PA 32, as amended (“Act”);

WHEREAS, the Emergency Telephone Service Committee (“ETSC”) has brought to our attention that the language within our plan, requires amendment to state a firefighter is required on our 911 Board pursuant to 1986 PA 32, 494.1320, Sec. 320 (2);

WHEREAS, this amendment to the Plan is required to bring the Plan into compliance with Act 32, as amended;

NOW, THEREFORE, BE IT RESOLVED that the following Plan Amendment is proposed:

ARTICLE VI

The Board of Directors shall consist of nine (9) members. The Sheriff or his

designate; the Kalkaska Post Commander or his designate (Michigan State

Police); Emergency Management Coordinator; Chairman of the Public Safety

Committee (Antrim Board of Commissioners); Delegate from the Antrim County

Emergency Services (ACES), said delegate shall be a firefighter; one (1)

representative from the Antrim County Road Commission; and three (3)

citizens from Antrim County.

BE IT FURTHER RESOLVED, this amendment’s provisions are designed to modify, amend, supersede, or replace any inconsistent provisions in the County’s Final 911 Service Plan (“Plan”), and to augment, supplement or add to such Plan provisions that are not in any way inconsistent.

BE IT ALSO FURTHER RESOLVED, that in accordance with Section 209 and other of Act 32, a public hearing is hereby scheduled on this amendment on Thursday, December 8, 2005, and the County Clerk is directed to send a copy of this Plan Amendment to all public agencies and to otherwise make the required posting under this Act.

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

No - None;

Absent – Allen.

RESOLUTION #37-05 DECLARED ADOPTED.

RESOLUTION #38-05 by Larry Bargy, seconded by Eugene Dawson

WHEREAS, Antrim County (“County”) has adopted Final 911 Service Plan (“Plan”), and Plan Service District (“Service District”) pursuant to the Emergency Telephone Service Enabling Act, 1986 PA 32, as amended (“Act”);

WHEREAS, the Plan requires the Board to enact Administrative Findings identifying the Telephone service providers facilitating wire-based emergency telephone calls from within the Plan’s Service District and public agencies responding to calls for emergency services within the Service District, and the highest monthly flat rate charged by the service supplier for a 1-party access line within the 911 Service District (“Service District”)

NOW, THEREFORE, THE BOARD HEREBY FINDS that the following is the list of wire-based service suppliers currently facilitating emergency telephone calls from within the Service District; SBC, Verizon, Century Telephone, Pigeon Telephone

THE BOARD FURTHER FINDS that the following is a current list of public service agencies providing emergency services within the Service District in response to emergency telephone calls:

LAW ENFORCEMENT FIRE

Antrim Co. Sheriff Department Alba Fire Department

Bellaire Police Department Banks Township Fire Department

Central Lake Police Department Bellaire Fire Department

DNR Conservation Officers Central Lake Fire Department

Elk Rapids Police Department DNR Wild Fire

Ellsworth Police Department East Jordan Fire Department

Mancelona Police Department Elk Rapids Fire Department

Michigan State Police – Kalkaska Elmira-Warner Fire Department

Mancelona Fire Department

Milton Township Fire Department

South Torch Lake Fire Department

Star Township Fire Department

Torch Lake Township Fire Dept.

MEDICAL MEDICAL RESCUE (non transport)

East Jordan EMS Alba Fire Department

Elk Rapids EMS South Torch Lake Fire Dept. (Alden)

Northflight EMS Banks Fire Department

Allied EMS Bellaire Fire Department

Torch Lake Township EMS Central Lake Fire Department

Mancelona Fire Department

Star Township Fire Department

MISCELLANEOUS

Antrim County Emergency Management

Antrim County Road Commission

THE BOARD FURTHER FINDS that the following is the current highest monthly flat rate charged by a service supplier for a 1-party access line within the Service District: Verizon - $18.18

THE BOARD FURTHER FINDS that the list in Attachment #3 (on file in the County Clerk’s office) covers “Antrim County Emergency Telephone Network Affected Areas”;

THE BOARD FURTHER FINDS that the list in Attachment #4 (on file in the County Clerk’s office) covers “List of Public Agencies Services by 911 Dispatch”

THE BOARD FURTHER FINDS Attachment #9 (on file in the County Clerk’s office) to include P.A. 32, 1986, as amended.

THE BOARD FURTHER RESOLVES that these Administrative Findings shall modify, amend, replace, or supersede any prior resolution or Administrative Findings.

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

No - None;

Absent – Allen;

RESOLUTION #38-05 DECLARED ADOPTED.

It was moved by Dawson, seconded by McLeod the Chairman be authorized to sign the Airport Layout Plan contract with Peckham Engineering; the amount of the contract to be $50,697.48 with the county’s share to be 2.5% of the total or $1,267.44. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore; No – None; Absent – Allen.

The Airport Committee Chairman presented the bids for a Wheel loader for the Airport ranging from $73,345.00 to $117,850.

It was moved by Dawson, seconded by McLeod the following bid be accepted for purchase of a Wheel Loader: Case Model 721D for $75,345.00 from Northern Michigan Equipment in Traverse City. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Howelman, Crawford, Stanek, Blackmore; No – None; Absent – Allen.

It was moved by Stanek, seconded by Bargy the following budget adjustments be approved:

Increase Decrease

GENERAL FUND

Revenue

From Taxes 2,200

From Licenses & Permits 2,200

From Other Agencies 24,000

From Current Services 42,275

From Other Sources 74,800

Expenditures

Purchasing Department 3,000

Microfilm Department 2,000

Elections 9,200

Secondary Roads – vehicle 30,000

Health – autopsies 10,000

Other 2,280

Insurance – miscellaneous 12,000

Fringe benefits Annuity 8,100

MEBS reimb 56,000

Pers. Leave 900

SOLID WASTE RESERVE FUND

Revenue – interest 1,000

GAS & OIL ROYALTIES

Revenue – from gas & oil 3,500

FRIEND OF THE COURT FUND

Revenue 1,000

Expenditures 1,000

PARKS FUNDRAISER FUND

Revenue – sales 1,500

Interest 50

Expenditures 1,500

BARNES PARK GRANT FUND

Revenue – from state 4,000

Expenditures 4,000

EDC REVOLVING

Revenue – interest 50

ROAD PATROL FUND

Revenue – interest 700

HOMESTEAD PROPERTY TAX EXEMPT FUND

Revenue – interest 400

BUDGET STABILIZATION FUND

Revenue – interest 3,000

DRIVING INTOXICATED FORFEIT FUND

Expenditures – jail expense 14,000

LOCAL CORRECTIONS FUND

Revenue – booking fees 4,000

EMERGENCY SERVICES TRAINING GRANT

Expenditures 600

EMERGENCY SERVICES TOTAL GRANT

Revenue – from state 45,600

Expenditures 500

HOUSING 2005 2006

Revenue 9,000

Expenditures 3,500

EMERGENCY SERVICES SAP GRANT

Revenue 10,000

REVENUE SHARING RESERVE FUND

Revenue – interest 25,000

PROBATE GRANT

Revenue 2,500

Expenditures 4,000

HOMEBUYERS PURCHASE REHAB 04-06

Expenditures 8,000

MEADOWVIEW OPERATING FUND

Expenditures – insurance 600

ELK RAPIDS FISH PARK

Revenue – interest 100

CAPITAL PROJECTS FUND (470)

Revenue – inmate room & board 2,000

Interest 7,000

From General 4,821

ELK RAPIDS HYDRO FUND

Revenue – interest 3,000

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

The meeting adjourned at 12:15 p.m. to the Call of the Chair.

The Board members took a lunch tour of the Wetzel Lake and Sand Lake areas.