ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, December 11, 2003

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

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

David Howelman, Laura Stanek, Bernard Blackmore, Joseph Allen.

Absent: None.

The Pledge of Allegiance was given.

The Chairman requested Public Comment. Linda Gallagher presented a petition, circulated by Janet Brown, and signed by approximately 300 people requesting that the classification of the Antrim County Airport be changed from C-2 to B-2. The purpose of the change in classification being increased environmental protection by decreasing the need for extensive augmentation of the runway ending safety area. Stan Moore thanked the Board for its support of maintaining the state level of funding for MSU Extension. Public Comment ended at 9:10 a.m.

It was moved by Crawford, seconded by Blackmore that minutes of November 13, 2003 be accepted as corrected. Motion carried all members present voting yes.

Charles Koop, Prosecuting Attorney, reported that the non-profit status of the East Jordan Health Center making them exempt from property taxes or not was not a concern of the Board of Commissioners as they cannot control the outcome.

He also reported that the Farmland Preservation statute had been repealed as reported at the November 13 meeting but had been re-adopted under a different statute.

Mr. Koop reported on the acquisition and status of de-icers in local lakes.

RESOLUTION #32-03 by Laura Stanek, seconded by Michael Crawford

WHEREAS, this Board of Commissioners, the Antrim Kalkaska Community Mental Health Board and the Northern Michigan Community Mental Health Board are committed to providing excellent mental health services to those requiring such services in the most efficient and effective manner possible, and improving the quality of those services where they can; and

WHEREAS, pursuant to an amendment to the Mental Health Code, 1974

PA 258, as amended, being MCL 330.1100 et seq., there is an option to create a Community Mental Health Authority with powers and duties as defined in Section 205, being MCL 330.1205; and

WHEREAS, this Board of Commissioners has determined that the creation of the North Country Community Mental Health Authority (hereinafter referred to as the “Authority”) from the community mental health programs serving Antrim, Charlevoix, Cheboygan, Emmet, Kalkaska and Otsego Counties (hereinafter referred to “participating counties” or individually as “participating county”), under the Mental Health Authority structure provided in MCL 330.1205 would better serve the County’s residents by enhancing the effectiveness of mental health services;

WHEREAS, in accordance with Section 205, being MCL 330.1205, at least three (3) public hearings have been held in accordance with the Open Meetings Act, 1976 PA 267, as amended, MCL 15,261015.275; and

WHEREAS, the requisite notifications of the dissolution or termination of the Northern Michigan Community Mental Health Authority and the Antrim Kalkaska Community Mental Health Agency have been given.

NOW, THEREFORE, BE IT RESOLVED that:

1. Creation. There is hereby created a Community Mental Health Authority pursuant to Section 205 of the Mental Health Code, 1974 PA 258, as amended (hereinafter “Act”), being MCL 330.1205. The existing community mental health services programs serving the participating counties of Antrim, Charlevoix, Cheboygan, Emmet, Kalkaska and Otsego, being the Northern Michigan Community Mental Health Authority and the Antrim Kalkaska Community Mental Health agency, are dissolved upon the effective date of this resolution as defined elsewhere herein.

2. Purpose. The purpose and the power to be exercised by the North Country Community Mental Health Authority (hereinafter “Authority”) shall be to comply with and carry out the provisions of the Act.

3. Effective Date, Duration and Termination. The Authority shall commence as of April 1, 2003. The authority shall exist until terminated as hereinafter defined. Termination or dissolution may be accomplished by a resolution of the Community Mental Health Authority to dissolve or terminate, or by a resolution of all participating counties to dissolve or terminate the Community Mental Health Authority. In the event that one or more, but not all, of the participating counties elect to terminate participation in the Community Mental Health Authority, the same must be accomplished by an official notification from the County Board of Commissioners to the Department of

Community Health and to all other participating County Boards of Commissioners. The date of termination in all other instances, whether by withdrawal of a particular County or by total dissolution of the Community Mental Health Authority, shall be one (1) year following receipt of notification by the Department of Community Health, unless the

director of the department consents to an earlier termination date. During the interim between notification and official termination, the respective County’s participation in the Community Mental Authority shall be maintained in good faith.

4. Return of Net Financial Assets. In the event of termination or dissolution of the Community Mental Health Authority or termination by a withdrawing county by exercise of notice as above described, the net financial assets originally made available to the Authority by the participating county or counties will be returned or distributed according to the respective county’s original contribution. All other remaining assets net of liabilities shall be transferred to the Community Mental Health program or programs that replace the Authority, if applicable.

5. County Bonded Property. The Authority shall pay to Antrim County annual rent for the lease of space in the Antrim County Building according to the terms outlined in the lease agreement for the period January 1, 2003 through December 31, 2007. The interest of the agency in that lease shall be assigned to the Authority.

The Authority shall pay to Kalkaska County annual rent for the lease of space in the Mental Health/Public Health Building according to the terms outlined in the lease agreement for the period January 1, 2001 through December 31, 2005. The interest of the agency in that lease shall be assigned to the Authority.

6. Transfer of Assets, Debts, and Obligations to the Authority. Upon the effective date of the Authority, all assets, debts, and obligations of the Northern Michigan Community Mental Health Authority, including but not limited to, equipment, furnishings, supplies, cash and personal property, as listed in attached Exhibit A, shall be transferred to the Authority; and all such assets, debts and obligations of the Antrim Kalkaska Community Mental Health Agency, as listed on attached Exhibit B, shall like wise be transferred to the Authority.

7. Liability of Authority to County. The County acknowledges that it has not made available to the Authority any real or personal property that is not otherwise covered by lease or other agreements.

8. Privileges and Immunities. All the privileges and immunities from liability and exemptions from laws, ordinances, and rules that are applicable to county community mental health agencies or community mental health organizations and their board members, officers, and administrators, and county elected officials and employees of county government are retained by the Authority and the board members, officers, agents, and employees of an Authority created under the Act.

9. Personnel Actions. Personnel actions necessary to establish the Mental Health Authority shall be in accordance with the Act. Further:

(i) Employees of the Authority are public employees. The

Authority and its employees are subject to 1947 PA 336,

MCL 423.201 to 423.217.

(ii) The employees of the former community mental health

services programs shall be transferred to the new Authority

as follows and appointed as employees subject to all rights

and benefits for 1 year. Such employees of the Authority

shall not be placed in a worse position by reason of the

transfer for a period of 1 year with respect to workers’

compensation, pension, seniority, wages, sick leave,

vacation, health and welfare insurance, or any other benefit

that the employee enjoyed as an employee of the former

community mental health services program. Employees

who are transferred shall not by reason of the transfer have

their accrued pension benefits or credits diminished.

(iii) The newly established authority shall assume and be bound

by the existing collective bargaining agreement if either

Northern Michigan Community Mental Health Authority or

Antrim Kalkaska Community Mental Health Agency was

the designated employer or participated in the development

of a collective bargaining agreement. The formation of a

community mental health authority shall not adversely

affect any existing rights and obligations contained in the

existing collective bargaining agreement. For purposes of

this provision, participation in the development of a

collective bargaining agreement means that a representative

of the community mental health agency or organization

actively participated in bargaining session with the

employer representative and union or was consulted with

during the bargaining process.

10. Board Composition. Existing board members of the community mental health services programs are hereby transferred and appointed as board members of the community mental health authority, and shall serve in accordance with the provisions of the Act, subject to the following constraints on board membership. The membership of the Board shall be constituted in accordance with the Act. Each Board of Commissioners shall, by a majority vote, appoint the board members from its county. If the Authority becomes effective prior to April 1, 2003, the initial Board shall consist of up to twenty-four (24) members, seven (7) from Antrim County; five (5) from Kalkaska County;

three (3) from Charlevoix County; three (3) from Emmet County; three (3) from Cheboygan County; and three (3) from Otsego County. At least one (1) county commissioner shall be appointed from each county.

Effective April 1, 2003, the Board shall consist of up to twenty (20) members, five (5) from Antrim County; three (3) from Kalkaska County; three (3) from Charlevoix County; three (3) from Emmet County; three (3) from Cheboygan County; and three (3) from Otsego County. One (1) county commissioner shall be appointed form each county.

Effective April, 2004, the Board shall consist of no more than eighteen (18) members, three (3) from Antrim County; three (3 ) from Kalkaska County; three (3) from Charlevoix County; three (3) from Emmet County; three (3) from Cheboygan County; and three (3) from Otsego County. At least one (1) county commissioner shall be appointed from each county.

Effective April 1, 2005, the Board shall consist of no more than fourteen (14) members, two (2) from Antrim County; two (2) from Kalkaska County; two (2) from Charlevoix County; two (2) from Emmet County; two (2) from Cheboygan County; and two (2) from Otsego County. One (1) county commissioner shall be appointed from each county. The remaining two (2) seats will be at large consumer members, appointed by the commissioners of the county in which they reside, in a fashion that alternates among all counties as needed to fill the seats. If a county is unwilling or unable to appoint a commissioner to a seat on the board of the mental health authority, then that county shall relinquish that seat on the board and the board membership will be reduced by one (1), in accordance with the provisions of the Act specifically, Section 222(2).

11. Powers, Duties, and Responsibilities of Authority. The Authority shall have all of the powers, duties, obligations, rights and protections of community mental health authorities set forth in the Act.

12. County Annual Local Match. The amount of local match required by the county for the Authority will not exceed the amount of funds provided in calendar year 2003, pursuant to the Act, specifically Section 308(2)(b).

13. Depository. The Authority shall be its own depository for all funds received on behalf of the Authority as provided in R 330.3016, Michigan Administrative Code, 1979.

14. Conflict. If any provision of the enabling resolution conflicts with the Act, the Act shall supersede.

15. Additional Powers. All power, duties, obligations, rights and protections not mentioned herein but otherwise provided by the Act are included herein by reference.

16. Liability. Participant counties are not liable for any intentional, negligent, or grossly negligent act or omission, for any financial affairs, or for any obligation of the Authority, its Board, employees, representatives, or agents.

BE IT FURTHER RESOLVED, that the above enabling resolution is not effective until filed with the Secretary of State and County Clerk of each county creating the Authority. If any provision of the enabling resolution conflicts with the Act, the Act shall supersede.

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

No - None.

Absent – None.

RESOLUTION #32-03 DECLARED ADOPTED.

It was moved by Crawford, seconded by McLeod the Prosecuting Attorney contact the Attorney General’s office as well as the Department of Natural Resources legal department to obtain information on possible regulation of de-icers in local lakes. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Stanek, seconded by McLeod that the Prosecuting Attorney purchase a computer for $1,379.99 as budgeted in the 2003 budget. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Stanek, seconded by Howelman that the Housing Director apply for a $225,000 Housing grant for 2004-2005 (local leveraging to be $62,500). Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Stanek, seconded by McLeod, the claims and accounts totaling $158,130.23 be approved and paid. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

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

(see pages 118-120)

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

There was discussion on reconsidering requested 2004 budget items that had been removed from the final budget. The matter was tabled.

It was moved by McLeod, seconded by Allen the Chairman be authorized to sign the agreement with Michigan Employee Benefits Service, $10,000 “up-front” money be sent to MEBS, and the 2003 General Fund Budget be increased by $10,000. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Blackmore, seconded by Allen the Chairman be authorized to sign an Environmental Assessment for the Mentally Disabled Housing Project being implemented in Mancelona by GTP Industries after the legal counsel statutory check list is completed. Motion carried all members present voting yes.

It was moved by McLeod, seconded by Howelman the Privacy Policy be amended. Motion carried all members present voting yes.

RESOLUTION #33-03 by Robert McLeod, seconded by Eugene Dawson

WHEREAS, the Michigan State Senate’s Beverage Container and Recycling Task Force Report recommends that Michigan launch a comprehensive effort to improve it’s 20% recycling rate and finds that such a project will require a regular source of dedicated funding; and

WHEREAS, the Task Force has identified a state imposed surcharge of up to $3 per ton on all residential and commercial waste disposed of in Michigan’s Type II sanitary landfills as the primary option for financing this effort; and

WHEREAS, legislation has been introduced in both the State House and Senate which would assess a $3 per ton surcharge on landfilled waste, stipulating that generated revenue be deposited in a state waste diversion fund, then disbursed to counties for new and existing recycling programs, with a small amount set aside for state coordinated diversion efforts; and

WHEREAS, a portion of the money for counties would be distributed in equal shares to all counties in the state, while the remainder would be distributed based on population; and

WHEREAS, counties, already statutorily designated as the entities responsible for solid waste management planning and strategically situated for advancing local and regional coordination, are the appropriate governmental agencies to receive these surcharge funds; and

WHEREAS, waste delivered to most landfills in Michigan, regardless of origin, is already subject to surcharges through host community agreements (HCAs), with associated revenues benefiting only the community or county where the landfill is located and often without limitation as to how the funds may be spent; and

WHEREAS, under the current circumstances, counties with landfills have substantial resources available to support recycling programs while counties without landfills, whose residents are contributing to landfill surcharge revenues through payments for waste disposal, derive no share of the benefit whatsoever; and

WHEREAS, the proposed surcharge is a user fee, in that users of the system would pay in proportion to their volume of disposed waste and would have an incentive to reduce that volume through increased participation in recycling programs; and

WHEREAS, a statewide surcharge could be conceived and implemented in a manner which would protect existing HCAs and complement local recycling assessments, while restoring fairness to the system and providing a base level of recycling revenue for every county in the state; and

WHEREAS, twenty-five other states in the U.S. now have statutes requiring surcharges on solid waste, ranging from $0.25 per ton to $10 per ton, including all of Michigan’s immediate neighbors, whose rates vary from $0.60 per ton to $3.75 per ton; and

WHEREAS, at a time when Michigan’s communities are facing difficult budgetary challenges, the State Legislature is acting on several bills which will expand local responsibilities and financial obligations for waste management and recycling efforts;

THEREFORE BE IT RESOLVED that, in order to provide a stable funding mechanism for a substantial improvement in waste reduction programs, we urge that the State Legislature approve, and the Governor sign, a bill which would impose a $3 per ton surcharge on solid waste landfilled in Michigan, earmarking all revenues for waste reduction programs and providing that most of the money be disbursed to counties under the formula described above.

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to villages and townships participating in the Antrim County Resource Recovery Program, Boards of Commissioners of other counties, Michigan Department of Environmental Quality, Senator Jason Allen, Representative Bradstreet, Governor Granholm, Michigan Association of Counties, Michigan Municipal League and the Michigan Township Association.

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

No - None;

Absent – None.

RESOLUTION #33-03 DECLARED ADOPTED.

RESOLUTION #34-03 by Robert McLeod, seconded by David Howelman

WHEREAS, the Antrim County Board of Commissioners wishes to communicate to its Representatives and Governor of the State of Michigan the concerns of the possibility of reductions in revenue sharing; and

WHEREAS, Antrim County receives approximately $350,000 of revenue sharing revenue and its reduction would cause significant financial problems for Antrim County; and

WHEREAS, Antrim County understands through communications with other counties that reduction in revenue sharing would dramatically affect them in a negative manner; and

WHEREAS, Antrim County has committed these dollars, since they have been a long-term revenue source to many of our most important functions, including, but not limited to Sheriff Department Road Patrol.

NOW, THEREFORE BE IT RESOLVED that the Antrim County Board of Commissioners requests that Senator Jason Allen and Representative Ken Bradstreet oppose any further reduction in revenue sharing.

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Michigan Association of Counties, all 82 other counties, Senator Jason Allen, Representative Kenneth Bradstreet, and Governor Jennifer Granholm.

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

No - None;

Absent – None.

RESOLUTION #34-03 DECLARED ADOPTED.

RESOLUTION #35-03 by Robert McLeod, seconded by David Howelman

WHEREAS, through state law, judicial courts are partially funded by county governments and those judicial services are mandated by the state, and

WHEREAS, a separation of powers is stated in current state law, and county boards are responsible for approving funds for county employees at serviceable levels in the case of mandated services including those county paid employees working for the courts, and

WHEREAS, from time to time during the budget processes serious disagreements occur relating to the courts requests for county funds and the separation of powers; and

WHEREAS, often levels of judicial support being requested are stated as necessary to reach that serviceable level as determined by the court, and

WHEREAS, the personnel policies of the court are often inconsistent with county personnel policies, resulting in disparity with other county mandated and non-mandated offices causing serious internal county inequities, and

WHEREAS, those inequities are related to the human capital important to the people of Benzie County and when pressures on the expenditure of the general fund tax dollars are requested putting the county board and judicial administrators at odds, and

WHEREAS, when disagreements over the funding of those requests, and mediation fails, counties are unable to afford the logical progression in the process of formal litigation necessary to resolve differences, and

WHEREAS, the county board has no affordable alternative to consider given the potential fiscal threat to general fund dollars generated from public funds, and

WHEREAS, originally the legislature had addressed this potential and predictable controversy, it has become necessary to illuminate the repetitive conflict that lies at the origin in state law established and passed by the Michigan Legislature.

THEREFORE, BE IT RESOLVED that the Antrim County Board of Commissioners urge the Michigan State Legislature to revisit the funding model to ensure that there is a true and workable separation of powers rather than a process that puts county boards in an unaffordable position to capitulate to requests by the court.

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

No - None;

Absent – None.

RESOLUTION #35-03 DECLARED ADOPTED.

It was moved by McLeod, seconded by Crawford the membership of the following Boards be reduced as follows:

Parks and Recreation Commission from 11 to 9 members

Solid Waste and Recycling Council from 12 to 9 members

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

It was moved by McLeod, seconded by Dawson that the union contract between Antrim County and the Teamsters representing Dial-a-Ride be ratified and the Chairman is authorized to sign. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by McLeod, seconded by Crawford that the salaries and wages for the unrepresented employees be established based on the following: (see page for actual salary and wage figures)

Jan 1, 2004 July 1, 2004

Employees at average or above 2%

Employees .1% to 2.9% below average 2.5 %

Employees 3% to 5.9% below average 3% 1%

Employees 6% to 9.9% below average 3% 1.5%

Employees greater than 10% below average 3% 2%

Employees with not less than 3 comparables 2.5%

(Abstractor compared to 2003 Register of Deeds average salary for average comparison)

and that all other fringe benefit requests remain the same as for the general unit and the 2004 budgets be adjusted to reflect these increases. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by McLeod, seconded by Howelman the hiring freeze be lifted and Antrim County Transportation Director hire a temporary bus driver for the period of time which shall end upon the return of the regular bus drivers. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen; No – None; Absent – None.

It was moved by Crawford, seconded by Dawson the bid from Ken Kelly for $1,460 to move the walls in the Register of Deeds office and the bid from Pecar Electrical Service to move the phone and do electrical and phone wiring be accepted and the costs be paid from the Register of Deeds Technology Fund. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Allen; No – Stanek, Blackmore; Absent – None.

It was moved by Bargy, seconded by Blackmore that a grant application to the Office Domestic Preparedness to augment staffing at the Emergency Services Department for 2004; grant amount to be $25,000, be approved. Motion carried all members present voting yes.

The Chairman assigned the matter of the de-icers in local waters to the Health and Public Safety Committee.

It was moved by Blackmore, seconded by Dawson that the request from T.S. Coughlin for an oil and gas lease easement through Grass River Natural Area be denied. Motion carried all members present voting yes.

It was moved by Dawson, seconded by McLeod the bid from Surveillance and Sound Technologies of Kewadin in the amount of $6,787.80 for installation of a closed circuit television system for the gas pump island area at Antrim County Transportation be accepted. Motion carried by a yea and nay vote as follows: Yes – McLeod, Dawson, Bargy, White, Crawford, Howelman, Stanek, Blackmore, Allen. No – None; Absent – None.

The Transportation Committee presented a grant request, county share to be $2,550 be paid from the Airport Grant Fund.

RESOLUTION #36-03 by Eugene Dawson, seconded by Laura Stanek

BE IT RESOLVED that the Antrim County Board of Commissioners does hereby approve the proposed Contract (Antrim County Airport) submitted by the Michigan Department of Transportation;

BE IT FURTHER RESOLVED that Jack White, Chairman, be authorized and directed to execute Contract No. 2004-0047, Federal Project No. B-26-0011-1103, for and on behalf of the Antrim County Board of Commissioners.

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

No - None;

Absent – None.

RESOLUTION #36-03 DECLARED ADOPTED.

There was discussion on changing the status of Antrim County Airport from C-2 to B-2.

The Chairman requested the current Finance Committee to review the claims and accounts for the January Board meeting.

The meeting adjourned to the Call of the Chair.