BOARD OF COMMISSIONERS 11-10-05

ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, November 10, 2005

Jack White, Chairman, called the meeting to order at 9:05 a.m.

Present: Eugene Dawson, Jack White, David Howelman, Michael Crawford, Laura

Stanek, Bernard Blackmore, Joseph Allen;

Absent: Robert McLeod, Larry Bargy.

The Pledge of Allegiance was given.

The Chairman requested Public Comment. There was none.

David Howelman introduced Marna Robertson as Interim Director of Meadowbrook Medical Care Facility.

It was moved by Blackmore, seconded by Allen the minutes of October 13, 2005 be approved as corrected. Motion carried all members present voting yes.

It was moved by Stanek, seconded by Crawford the claims and accounts totaling $102,686.45 be approved and paid. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Stanek, seconded by Crawford the 2006 Meadowview Apartments Fund budget amendment be accepted (see page ). Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Stanek, seconded by Crawford the most usable Sheriff Department vehicle which has become available for disposal be assigned to the Prosecuting Attorney’s office for travel use by all departments. Motion carried all members present voting yes.

It was moved by Stanek, seconded by Crawford the Planning Commission 2006 budget be increased by $10,000 for contracting with a company to do the Master Plan. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Stanek, seconded by Crawford that approximately $1,015.00 be transferred from the 2005 Coordinator/Planner and Planning Commission supply budgets to the Capital Outlay budget for purchase of the following items:

Electric Binding System

Steno Chair for Coordinator/Planner office

Arm Chair Planning Commission

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

It was moved by Blackmore, seconded by Howelman the Chairman be authorized to sign a lease with the Townships Ambulance Authority for the following described property to be used for an ambulance housing structure pending finalization of the lease by the Prosecuting Attorney and clarification of road usage.

In the Township of Kearney, County of Antrim, State of Michigan

Commencing at the E ¼ corner of Section 30, T30N, R7W; thence S00*48’07”

W 668.93 feet along the East line of said Section 30; thence N89*57’10”W

1361.39 feet along the south line of the N ½ of the NE ¼ of the SE ¼ of said

Section 30; thence N01*26’27” E664.17 feet along the east 1/8 line of said

Section 30, to the POINT OF BEGINNING; thence continuing N01*03’06” E

200.00 feet along the east 1/8 line of said Section; thence S89*48’53” E294.92

feet ; thence S01*03’06” W 200.00 feet; thence N89*48’53” W 294.92 feet to the

POINT OF BEGINNING, being a part of the E ½ of said Section 30,T30N, R7W

containing 1.354 acres of land.

Subject to the rights of the public over the westerly 44.92 feet thereof as occupied

by M-88 Highway. Also, subject to and together with other easements,

restrictions and reservations of record if any.

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

A letter from Patty Niepoth, Register of Deeds, was read indicating she would provide computerized access to the Register of Deeds records for the personnel of the Antrim County Abstract by the use of one of the ACS owned workstations. (See page ).

It was moved by Crawford, seconded by Stanek that Theresa Kent’s unused vacation days in excess of 20 days at the end of 2005 be carried over to February 28, 2006 due to extenuating family circumstances. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Crawford, seconded by Stanek the motion of October 13, 2005 concerning the part time secretary position at the Commission on Aging be amended to be an increase to a part time regular position rather then a full time regular position. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Crawford, seconded by Dawson that, for the purpose of accruing vacation benefits, the Administrative Assistant position in the Coordinator/Planner Office accrual be based on a forty (40) hour work week effective with the pay period ending November 20, 2005. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

RESOLUTION #47-05 by Michael Crawford, seconded by Joseph Allen

WHEREAS, the original survey and monumentation of section markers in the State of Michigan was completed in the mid 1800’s; and

WHEREAS, many of the section corner markers had disappeared over the course of 150 years, the State of Michigan established a Remonumentation Program in 1990 to be funded with fees collected in the County Register of Deeds offices to be used solely for the Remonumentation of section corner markers and establishment of geographic information systems in Michigan; and

WHEREAS, it has taken Antrim County 12 years to complete 22% of its corner markers, and

WHEREAS, due to the high volume of documents recorded in the Register of Deeds office during a period of very low mortgage interest rates in 2002-2004, a great increase occurred in the Remonumentation Fund; and

WHEREAS, due to the failure of the Director of the Remonumentation Fund to increase the appropriations of the funds to the counties, the fund has grown to 15 million dollars; and

WHEREAS, the State of Michigan has proposed to take the Remonumentation Funds that have accumulated to use in its General Fund, without regard to the intention of these funds; and

WHEREAS, this would be a fraudulent use of funds collected under the auspices of Remonumentation and would be a great disservice to the landowners of Antrim County and landowners throughout the State of Michigan; now

THEREFORE BE IT RESOLVED that the Antrim County Board of Commissioners and the Antrim County Register of Deed adamantly oppose the transfer of the Remonumentation Funds to the State’s General Fund until the Remonumentation Program has been completed across the State of Michigan; and

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

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

No - None;

Absent – McLeod, Bargy.

RESOLUTION #47-05 DECLARED ADOPTED

It was moved by Crawford, seconded by Dawson that D&R Electric convert the Sheriff Administration area at the Jail to single phase electrical service. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Stanek, seconded by Blackmore the replaced 911 generator be offered for sale by bids. Motion carried all members present voting yes.

It was moved by Allen seconded by Dawson that Michael McPherson be hired as a full time building inspector contingent on no one else signing the job posting. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Stanek, Blackmore, Allen; No – Crawford; Absent – McLeod, Bargy.

ORDINANCE #01-05 by Joseph Allen, seconded by Eugene Dawson

AN ORDINANCE RELATED TO MAKING CERTAIN VIOLATIONS OF THE STILLE-DROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT TO

BE CIVIL INFRACTIONS

THE COUNTY OF ANTRIM HEREBY ORDAINS:

The County has the responsibility of administering and enforcing the Stille-Drossett-Hale Single State Construction Code Act (theAct), being P.A. 1974, No. 230, as amended, MCL 125.1501 et seq.

MCL 125.1523 prescribed violations of the Act to be a misdemeanor.

The County, as the enforcing agency, having assumed the responsibility of administering and enforcing the Act, is permitted, pursuant to MCL 125.1523(3), to designate a violation described in subsection MCL 125.1523(1) or (2) as a municipal civil infraction and prescribe the civil fine for such violation.

The County further, pursuant to MCL 46.11, MCL 46.10b, and MCL 600.8701 et seq. has the authority to adopt ordinances and prescribe for the punishment and collection of civil infraction violations.

A new ordinance to the Ordinances of Antrim County, to read in its entirety as follows:

Section 100 Designation of Violations to be Civil Infractions

101.1 By the Authority vested in the County, as the enforcing agency, does hereby make certain sections of MCL 125.1523, as set forth below, to be municipal civil infractions. Provisions of MCL 125.1523(1) and (2) not set forth herein or otherwise exempted herein remain punishable under MCL 125.1523 as misdemeanors.

101.2 A person who does any of the following shall be guilty of a civil infraction:

101.2.1 Knowingly violates the Act, the code, or a rule for the enforcement of the Act or code, except that any unlawful continuation of work after a validly issued stop work order has been issued shall remain a misdemeanor under provision MCL 125.1523, and shall be prosecuted as proscribed in MCL 125.1523

101.2.2 Knowingly constructs or builds a structure or building in violation of a condition of a building permit.

101.2.3 Knowingly fails to comply with an order issued by an enforcing agency, a construction board of appeals, a board, or the commission pursuant to the Act, except that any unlawful continuation of work after a validly issued stop work order has been issued shall remain a misdemeanor under provision MCL 125.1523, and shall be prosecuted as proscribed in MCL 125.1523.

101.2.4 Knowingly makes a false or misleading written statement, or knowingly omits required information or a statement in an inspection report, application, petition, request for approval, or appeal to an enforcing agency, a construction board of appeals, a board, or the commission.

101.2.5 Unreasonably interferes with an authorized inspection.

101.2.6 Knowingly issues, fails to issue, causes to be issued, or assists in the issuance of a certificate, permit, or license in violation of the Act or a rule promulgated under the Act or other applicable laws.

101.2.7 Having a duty to report violations of the Act or a rule promulgated under the Act or other applicable laws, knowingly conceals a violation.

101.3 With respect to subsection 101.2.3, a person is guilty of a separate offense for each day that the person fails to comply with a stop construction order validly issued by the County and for each week that the person fails to comply with any other order validly issued by the County. With respect to subsection 101.2.1 or 4, a person is guilty of a separate offense for each knowing violation of this act or a rule promulgated under the Act and for each false or misleading written statement or omission of required information or statement knowingly made in an application, petition, request for approval, or appeal to the County, the County construction board of appeals, a board, or the commission. With respect to subsection 101.2.2, a person is guilty of a separate offense for each knowing violation of a condition of a building permit.

Section 200 Definitions

200-1 Definitions used in the Act shall apply to this ordinance unless otherwise set forth herein.

200-2 “Act” means the Stille-Drossett-Hale Single State Construction Code Act, being P.A. 1972, No. 230, as amended, MCL 125.1501 et seq.

200-3 “Person” means: a person, partnership, corporation or other legal entity, including an officer, director, or employee of a partnership, corporation or other legal entity, or a governmental official or agent charged with the responsibility of issuing permits or inspecting buildings or structures.

Section 300 Penalties

300-1 A person who violates any of the sections mentioned above shall, in accordance with MCL 125.1523(1), MCL 46.10b, MCL 600.8701, et seq, be deemed responsible for a municipal civil infraction, punishable by a fine of not more than $500.00 plus costs, judicial system assessments, damages and expenses, and such other orders as permitted by MCL 600.8302.

300-2 Pursuant to section 600-1 or Ordinance #02-03 known as “AN ORDINANCE RELATED TO CIVIL INFRACTIONS” the schedule of civil fines payable to the County Violation Bureau for admissions of responsibility by persons served with civil infraction violation notices is hereby established as set forth in Exhibit “A”.

300-3 Second violation: If the violation occurs within 1 year of a prior civil infraction conviction (held responsible) the person is responsible for civil infraction second offense and shall pay a civil infraction fine, second offense as set forth in the established schedule.

300-4 Third and subsequent violation: If the violation occurs within 1 year of two or more prior civil infraction convictions, (held responsible) the person is responsible for civil infraction third or subsequent offense and shall pay a civil infraction fine, third offense as set forth in the established schedule.

300-5 For the purpose of this section, determining a subsequent civil infraction, the date the person was determined responsible and not the date the citation was issued shall be used. Citation or citations issued to the same person, on the same day and arising out of the same job site or permit shall be considered to be a single violation for the purpose of determining a prior infraction.

300-6 A person found responsible for a civil infraction at either an informal or formal hearing shall pay judicial system assessments, damages and expenses, and such other orders as permitted by law and shall be required to pay the cost of prosecution, including reasonable attorney fees.

Section 400 Authority of Building Inspector/Building Officials to Issue

Civil Infraction Citations

400.1 Building Inspectors and Building Officials are “Authorized County Officials” and are granted authority to issue civil infraction citations for violations of the Act, the code, or a rule for the enforcement of the Act or code.

Section 500 Municipal Ordinance Violations Bureau

500-1 Civil infraction citations issued under this ordinance are to be processed as set forth in Ordinance #02-03 known as “AN ORDINANCE REALTED TO CIVIL INFRACTIONS”.

Section 600 Severability

600.1 The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If a court of competent jurisdiction adjudges any part, clause, sentence, paragraph, or section unconstitutional or invalid, the remainder of the Ordinance shall not be affected thereby.

600.2 In the event this ordinance is determined to be unconstitutional or invalid, the penalty section as set forth in the Stille-Drossett-Hale Single State Construction Code Act (the Act), being P.A. 1972, No. 230, as amended MCL 125.1501 et seq. MCL 125.1523, shall remain in affect and enforceable as if this ordinance had not been adopted.

Section 700 Effective Date

700.1 This ordinance shall become effective upon publication.

The Amendment to this Ordinance shall take effect upon publication of notice of

adoption of the Amendments. If within 50 days after the County Board of Commissioners has adopted an Ordinance, a petition, signed by not less than 20% of the electors residing in the district to be affected by the Ordinance, is filed with the County Clerk asking that the Ordinance be submitted to the electors of the district to be affected by the Ordinance for approval or rejection, then the Ordinance shall not take effect until it has been approved by a majority of the electors of the district affected voting on that issue at a regular election as set by state statute.

Yes – Eugene Dawson, Jack White, David Howelman, Michael Crawford, Laura Stanek

Bernard Blackmore, Joseph Allen;

No - None;

Absent – Robert McLeod, Larry Bargy.

ORDINANCE 01-05 DECLARED ADOPTED.

It was moved by Allen, seconded by Dawson that a policy be approved which allows the Construction Code Department to determine whether or not a mobile home meets the snow load requirements and if it does not, to allow the Construction Code Department personnel to issue a permit to place the mobile home as long as they pull another permit to construct a roof (with the proper snow load) over the top of the mobile home. Motion carried all members present voting yes.

It was moved by Allen, seconded by Dawson that a policy be approved which forbids the establishment of any mobile home manufactured prior to 1975 in Antrim County and to adopt the standards (see page ) for mobile homes manufactured after 1975. Motion carried all members present voting yes.

It was moved by Howelman, seconded by Dawson the septic/sewer pumps at Meadowview Apartments be replaced at a cost of $13,990.69 and the building maintenance budget for Meadowview be increased by this amount. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Howelman, seconded by Stanek that Mike’s Glass of Charlevoix replace windows at Meadowview Apartments for $438.22 and the building maintenance budget for Meadowview be increased by this amount. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Howelman, seconded by Dawson that Arndt Electric replace the hallway lighting at Meadowview for $5,318.00 and the building maintenance budget for Meadowview be increased by this amount. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

It was moved by Stanek, seconded by Crawford the follow 2005 budget adjustments be approved:

Increase Decrease

GENERAL FUND

Revenue

From Taxes 91,000

From Licenses & Permits 12,500

From Other agencies -0-

From Current Services 108,650

From Other Sources 13,100

Expenditures

Commissioners – per diem & trav 4,400

Remonumentation 2,700

Second. Roads – fringes 10,400

VICTIMS RIGHTS RESERVE FUND

Revenue – interest 100

DAMS RESERVE FUND

Revenue – interest 2,000

AIRPORT GRANT FUND

Revenue – from state 28,834

Expenditures – services 28,834

close fund 42

GRASS RIVER FUND

Revenue – interest 150

Expenditures – utilities 200

FORESTRY FUND

Expenditures – 75% to ACD 5,000

ANTRIM CREEK FUND

Revenue – interest 1,000

AIRPORT LANDSCAPING FUND

Revenue – donations 5,000

Expenditures – services 5,000

ROAD PATROL FUND

Revenuer – interest 800

Revenue – interest 2,000

BUDGET STABILIZATION FUND

Revenue – interest 1,000

911 TRAINING FUND

Revenue – interest 500

911 OPERATING FUND

Revenue – interest 5,000

911WIRELESS FUND

Revenue – interest 2,000

From state – wireless 8,600

DRIVING INTOXICATED FUND

Expenditures – equipment 2,000

EMERGENCY SERVICES TRAINING GRANT

Revenue – from grant 500

Expenditures – services 2,200

EMERGENCY SERVICES GRANT

Close fund 577

HOUSING PROJECT INCOME

Received for debt 10,000

EMERGENCY SERVICES TOTAL GRANT

Revenue – from grant 47,500

HOUSING 03/04 GRANT

Revenue – from project income 39,200

Expenditures – projects 9,000

HOUSING 05/06

Revenue – from grant 61,000

Expenditures – services 80,000

PROBATE GRANT FUND

Revenue – from grant 8,300

Expenditures 2,200

HOMEBUYERS PURCHASE GRANT FUND

Revenue – from grant 42,500

Expenditures – services 39,000

CHILD CARE FUND

Expenditures – state wards 26,000

MEADOWVIEW APARTMENTS FUND

Revenue – interest 700

’05 COURTHOUSE DEBT FUND

Revenue – interest 100

CAPITAL PROJECTS FUND

Revenue – interest 2,500

Inmate R&B reimbursement 2,500

ELK RAPIDS HYDRO FUND

Expenditures – cont. services 3,500

Utilities 5,800

Debt payment 5,000

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

It was moved by Stanek, seconded by Allen that the Planning Department circulate a Request for Proposal for a County Master Plan. Motion carried all members present voting yes.

It as moved by Blackmore, seconded by Dawson the Board retire to closed session to consider pending litigation and the Prosecuting Attorney and Coordinator/Planner remain in the closed session. Motion carried all members present voting yes.

The Board retired to Closed Session at 11:30 a.m. and returned to Open Session at 11:45 a.m.

It was moved by Blackmore, seconded by Howelman the Chairman be authorized to sign a Consent Judgment in Circuit Court Case #04-8071-CH, The County of Antrim vs. James R. Banfield and Bonnie K. Banfield indicating the contested property be vested exclusively to the Defendants with the condition that both parties have the right to pursue independent actions seeking further relief. Motion carried by a yea and nay vote as follows: Yes – Dawson, White, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – McLeod, Bargy.

The meeting adjourned at 11:50 a.m. to the Call of the Chair.