THE BENZIE COUNTY BOARD OF COMMISSIONERS November 20, 2007

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1 THE BENZIE COUNTY BOARD OF The Benzie County Board of Commissioners met in a regular meeting on Tuesday, November 20, 2007, in the Commissioners Room, Government Center, Beulah, Michigan, Present were: Commissioners Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Walterhouse Absent: None The pledge of allegiance was given with invocation by Commissioner Kelley. Motion by Walterhouse, seconded by Pitcher, to approve the agenda as amended, adding Planning & Zoning Ad Hoc report & Livestock Claims Procedure following County Administrator Report; cancel Tad Peacock at 11:45 and move Child Care Budget to 11:45 from 1:15. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Pitcher, seconded by Smeltzer, to approve the minutes of the October 16, 2007 regular meeting as presented. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 9:05 a.m. Public Input Kathie Bruce, Building Dept employee, stated that if you think the problems in that department are solved, they are not; she has complaints to Chuck Clarke and Board of Commissioners and nothing has been done; you need to get rid of the benefits & cars for the inspectors; we are paying and all the other counties will benefit if we contract with them for inspections; there are inconsistencies and problems in the office due to lack of management. Ted Bruce, stands with his wife on these issues; you jerked her heart out; there is so much friction in the building department and the builders aren t happy; she gets calls and can t answer them because she is told not to, but she has 13 years experience; open your eyes up the morale is gone. Margaret Kibbler, Frankfort, has visited with Chuck Clarke regarding the Prosecuting Attorney. 9:15 a.m. Public Input Closed Elected Officials & Department Head Comments Chuck Clarke introduces Lisa Packard the new Animal Control Clerk. Craig Seger, Zoning Administrator, stated that they now have a newsletter completed and shares it with the board. Steve Fouch, MSUE, asked the board to pick a day for an open house where the Board of Commissioners could visit each office and learn what they do, then have a pot luck lunch. Craig Johnson, EMS Coordinator, stated that the paramedic who had a stroke is back to work and doing well; last week they had an accident with one of the Echo units; reminds the board that his department did not receive the 2 ½% raise that everyone else did, due to their budget issues; will be meeting with Ludington Ford to discuss warranty work on the ambulances. Dave Neiger, Planning Director, informs the board that they had success at the state with the billboard legislation which allows the counties to regulate. Dawn Olney, County Clerk, informs the board that there is still no decision on the January 15 presidential primary hope to know soon so that programming can begin.

2 Page 2 Finance Committee Report Comm Pitcher presents Consent Calendar items 1-8. Comm Sandman removes item 5 Motion by Pitcher, seconded by Sandman, to approve Consent Calendar items 1-4 and 6-8 as presented. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Pitcher, seconded by Sandman, to renew the MERS Benefit Program E traditional annual 2% increase for the retirees in each of the MERS divisions for calendar year Motion by Sandman, seconded by Pitcher, to allow Comm Tom Kelley to abstain due to a conflict of interest. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Vote on original motion: Roll call. Motion carried. Ayes: Damm, Roper, Sandman and Walterhouse Nays: Pitcher and Smeltzer Abstain: Kelley Council on Aging Service Agreement: Motion by Walterhouse seconded by Pitcher, to not seek additional bids and renew the contract with Benzie County and the Benzie County Council on Aging for five years, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 9:50 a.m. Break 9:58 a.m. Reconvene Municipal Civil Infractions Ordinance: 10:00 a.m. Open Public Hearing Dave Neiger states that Mr. Figura would be the county representative and would suggest some type of training which Mr. Figura has offered to do. Comm Sandman inquires as to who authorizes the county official? Mr. Clarke says it is with the ordinance. Comm Sandman asks how many other counties have an ordinance of this type. Mr. Neiger states that it is not only counties, but cities, townships and villages too. Motion by Smeltzer, seconded by Kelley, to close the public hearing. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Pitcher, seconded by Kelley, to adopt the Municipal Civil Infractions Ordinance as presented, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Personnel Committee Motion by Kelley, seconded by Walterhouse, to appoint Joann Worden to the Manistee-Benzie CMH board until March 31, Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and

3 Page 3 Motion by Kelley, seconded by Walterhouse, to appoint Dawn Olney as the Website Coordinator. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Walterhouse Nays: None Motion by Kelley, seconded by Smeltzer, to appoint a website Committee consisting of Chuck Clarke, Kathy Ralston, Patty Roth, Mary Pitcher, and Jim Stamm for a 2 year period, ending November 20, Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Pitcher, to accept the County Planner job description as amended. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Walterhouse Nays: None Motion by Kelley, seconded by Pitcher, to accept the Zoning Administrator job description as amended. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Damm, to accept the job description for the Animal Control Officer as presented. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Walterhouse, to accept the job description for the Animal Control Clerk as presented. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Pitcher, to accept the Building Department Contract with Charles Sessoms as amended. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Walterhouse, to accept the Building Department Contract with Aldo Davis as amended. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Kelley, seconded by Walterhouse, to accept the job description for the Secretary III in the Building Department. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Motion by Roper, seconded by Walterhouse, to hire Brandon Fast as the Animal Control Officer, to begin as soon as possible. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and

4 Page 4 County Administrator s Report Mr. Clarke states that he expected to receive the Construction Code report by now, but will receive it next week from the state; they report that this is one of the best they have seen in a long time; Planning & Zoning Ad Hoc Committee. Motion by Pitcher, seconded by Damm, to increase the Planning Commission to 11 members with the intent to decrease to 9 members once geographic and sector representation is obtained. Motion carried. Ayes: Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 10:55 a.m. Break 11:00 a.m. Reconvene Art Jeannot EDC Semi Annual Report Mr. Jeannot updates the board with the happenings on the EDC: Request adoption of changes to the Articles of Incorporation & Bylaws; EDC will meet every other month, with the Executive Committee meeting in the off months; Community Luncheon was held on October 25 th ; 2007 Focus was on marketing; Strategic Plan approved. Motion by Pitcher, seconded by Walterhouse, to approve the resolution to Amend the Articles of Incorporation & Bylaws for Benzie EDC as presented, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Walterhouse Nays: None 11:20 a.m. Don Schaffer, Benzie Area Christian Neighbors Mr. Schaffer is requesting waiver of building permit fees for the BACN to renovate their pole building; they have served 2,410 people in the first 10 months of Motion by Walterhouse, seconded by Damm, to waive the building department fees for Benzie Area Christian Neighbors (BACN) in the amount of $ for this project. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 11:30 a.m. Tino Breithaupt, Traverse Bay EDC Mr. Breithaupt requests approval of a Notice of Intent for CDBG for Crystal Mountain Resort Infrastructure Improvements; the total project will be approximately $3,863,650 with $250,000 being from CDBG funds; $113,650 local match (Crystal Mountain will cover) with no cost to Benzie County; and $3,500,000 Private contribution; about 25 new jobs will be created with this expansion. Chris MacInnes, President of Crystal Mountain & Michael Call, Supervisor of utilities at Crystal Mountain are both present; this project addition will be on both sides of the fitness center for spa facilities. Motion by Smeltzer, seconded by Kelley, that Benzie County act as the applicant for the Michigan Community Development Block Grant Notice of Intent for Crystal Mountain Resort, authorizing the

5 Page 5 chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 12:00 p.m. Mike Rice & Dennis Swain, Child Care Fund Budget Mr. Swain explains the program and the budget to the board; this is a reimbursement program. Mr. Rice states that the grant covers juvenile placement; staff; materials, etc; we are comfortable with the work we are doing now and never know when we will have to institutionalize a juvenile with that the costs go up. Motion by Kelley, seconded by Smeltzer, to accept the Child Care Fund Budget as presented, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and 12:10 p.m. Break for Lunch 1:00 p.m. Reconvene Livestock Procedures: Comm Smeltzer discussed and thanked the ad hoc committee with a special thank you to the Treasurer and Undersheriff; discussion held on the proposed procedure and the amount to put in for reimbursement to the owner. Motion by Smeltzer, seconded by Pitcher, to adopt the Benzie County Livestock Claims Procedure with the amount of up to $1,000 per claim per incident filled in. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Correspondence Crystal Lake elevation report received. Little Platte Lake elevation report received. Letter from Platte Township regarding the pending ATV ordinance. Letter from Suz McLaughlin, Frankfort, opposing the ATV ordinance. Benzie Transportation Authority amended Articles & Bylaws. Motion by Smeltzer, seconded by Kelley, to approve the resolution to amend the Articles of Incorporation and Bylaws & Procedures of the Benzie Transportation Authority, as presented, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Benzie County Road Commission minutes of September 12; September 28; October 10 and October 24, 2007 received. Manistee-Benzie CMH minutes of September 13, 2007 received. Manistee-Benzie CMH resolution received information only. Letter from Jeff Rose, Interim Director of CMH, thanking the board for efforts regarding the local match. Letter from Frankfort City-County Airport Authority to MDOT information only. Letter from Doug Van Meter, with attachments, regarding the Airport information only.

6 Page 6 Airport Authority minutes of November 1, 2007 received. Resolution received from Bay County regarding the state budget crisis information only. Resolution received from Bay County regarding electric choice law information only. Letter received from MMRMA regarding Sheriff Dept being the recipient of RAP funds. Letter received from NW Mich Council of Government regarding MSUE Workshop. Northern Michigan Substance Abuse Services minutes of September 17, 2007 received. Letter received from Maple Disposal regarding acceptance of one year extension. Building Dept activity report for October 2007 received. Michigan Northern Counties minutes of October 15, 2007 received. Manistee-Benzie CMH minutes of October 11, 2007 received. Letter and resolution from Bay County regarding Ordinance to Ban Fertilizer Containing Phosphorus referred to Planning Commission. Organizational meeting set: Thursday, January 3, 2008 at 9:00 a.m. Commissioner Reports Comm Pitcher talks about the Planning Commission action regarding Homestead and Inland Townships Master Plan; Toured the Huron County Wind Farm; they have 32 wind turbines that support 15,000 20,000 residences and the entire community is supportive. Comm Kelley presented a written report. Comm Sandman presented a written report and agrees with Kathie & Ted Bruce regarding the problems with the building department and nothing is being done. Comm Damm reported that the summit was a real success and she is participating in the Broadband portion; will start working on the comprehensive plan; Benzonia Twp is upset to not get their fire hall millage passed; Benzonia Village is finishing with their water lines; glad for the appointments to the web site committee. Comm Walterhouse reported that he attended a Parks & Rec Commission meeting on October 22; attended four road commission meetings; personnel has held several meetings in the last month; EDC meeting at the Best Western on October 25 went well; the October 30 open house for Graceland was interesting; Betsie Valley Trail; Homestead Township; November 7 the Road Commission renewed the policy for snow removal. Comm Smeltzer said they are making progress with CMH. Comm Roper asked about a public hearing or informational session regarding the ORV ordinance. January 31, 2008 at 7:00 p.m. the public informational session will be held with the venue to be determined.

7 Page 7 Will respond to Kathie Bruce after seeing the state report regarding the building department; wondered about a sign to let people know this meeting is opened even if the doors are shut due to noise; Al Brown agrees with a sign those of us that come all the time know we can come in, others may not. 2:43 p.m. Public Input Al Brown talks about the two villages and their water systems; Elberta is loosing a small piece of property. Jeff Sandman thinks it is a big asset to the Village. Linda Wilson, County Treasurer, invites all commissioners to come by her office and see the tax bills being printed. 2:45 p.m. Motion by Pitcher, seconded by Smeltzer, to adjourn until December 18, 2007, or the call of the chair. Motion carried. Ayes: Damm, Kelley, Pitcher, Roper, Sandman, Smeltzer and Mark E. Roper -- Chairman Dawn Olney Benzie County Clerk INDEX 1. Approved the agenda as amended. 2. Approved the minutes of the October 16, 2007 regular meeting as presented. 3. Approved Consent Calendar items 1-4 and 6-8 as presented. 4. Renewed the MERS Benefit Program E for the retirees for calendar year Approved to not seek additional bids and renew the contract with Benzie County and the Benzie County Council on Aging for five years, authorizing the chairman to sign. 6. Adopted the Municipal Civil Infractions Ordinance as presented, authorizing the chairman to sign. 7. Appointed Joann Worden to the Manistee-Benzie CMH board until March 31, Appointed Dawn Olney as the Website Coordinator. 9. Appointed a website Committee consisting of Chuck Clarke, Kathy Ralston, Patty Roth, Mary Pitcher, and Jim Stamm for a 2 year period, ending November 20, Accepted the County Planner job description as amended. 11. Accepted the Zoning Administrator job description as amended. 12. Accepted the job description for the Animal Control Officer as presented. 13. Accepted the job description for the Animal Control Clerk as presented. 14. Accepted the Building Department Contract with Charles Sessoms as amended. 15. Accepted the Building Department Contract with Aldo Davis as amended. 16. Accepted the job description for the Secretary III in the Building Department. 17. Approved to hire Brandon Fast as the Animal Control Officer, to begin as soon as possible. 18. Auth to increase the Planning Commission to 11 members with the intent to decrease to 9 members once geographic and sector representation is obtained.

8 Page Approved the resolution to Amend the Articles of Incorporation & Bylaws for Benzie EDC as presented, authorizing the chairman to sign. 20. Auth to waive the building department fees for Benzie Area Christian Neighbors (BACN) in the amount of $ for this project. 21. Auth to have Benzie County act as the applicant for the Michigan Community Development Block Grant Notice of Intent for Crystal Mountain Resort, authorizing the chairman to sign. 22. Accepted the Child Care Fund Budget as presented, authorizing the chairman to sign. 23. Adopted the Benzie County Livestock Claims Procedure with the amount of up to $1,000 per claim per incident filled in. 24. Approved the resolution to amend the Articles of Incorporation and Bylaws & Procedures of the Benzie Transportation Authority, as presented, authorizing the chairman to sign. 25. Set the Organizational meeting for Thursday, January 3, 2008 at 9:00 a.m.