THE BENZIE COUNTY BOARD OF COMMISSIONERS October 20, 2009
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1 THE BENZIE COUNTY BOARD OF The Benzie County Board of Commissioners met in a regular meeting on Tuesday,, at 6:00 p.m. in the Commissioners Room, Government Center, Beulah, Michigan, Present were: Commissioners Hollenbeck, Kelley, Pitcher, Roper, Tanner and Walterhouse Absent: Comm Damm arrived at 6:03 p.m. The pledge of allegiance was given with invocation by Commissioner Kelley. Agenda: Motion by Walterhouse, seconded by Roper, to approved the agenda as amended as follows: Add 6:45 p.m. Tom Longanbach, Apportionment Report; Survey for Cole vs Benzie County property; Discuss bid opening time and date; Add Probate Court Recorder agreement under finance; Add Point Betsie Lighthouse Manager appointment under personnel and building permit for Lighthouse under Finance; Possible change of November meeting dates. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Minutes: Motion by Walterhouse, seconded by Pitcher, to approve the September 14 and 15, 2009 minutes as Motion by Walterhouse, seconded by Roper, to approve the September 21 and 29, 2009 minutes as Motion by Walterhouse, seconded by Pitcher, to approve the October 5 and 7, 2009 minutes as Motion by Pitcher, seconded by Roper, to approve the September 21, 2009 closed session minutes as 6:08 p.m. Public Input Wilfred Swiecki, President of the Platte Lake Association, urges adoption of the Platte Lake Overlay District. 6:09 p.m. Public Input Closed ELECTED OFFICIALS & DEPT HEAD COMMENTS Marlene Wood-Zylstra, Recycling Coordinator, recap of the year ; have met 25% waste diversion as stated by the DEQ; land fill trash is down. Next month will give recap of collections. Craig Johnson, EMS Director, states that over the last few weeks he has spent time on the H1N1 virus; EMS is well prepared for it; his entire staff will be vaccinated; asks how we will deal with it in
2 Page 2 the government center; the virus is spreading through Benzie County; anyone with flu like systems should stay home for a week at onset or 24 hours after a fever has broke before coming back to work. Have seen a spike in their call volume in the last couple of weeks. COMMITTEE OF THE WHOLE Finance Motion by Walterhouse, seconded by Roper, to approve the Finance Consent Calendar items 1-7 as presented. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Personnel Motion by Pitcher, seconded by Kelley, to approve the Personnel Consent Calendar items 1 and 2 as Prepaid Vouchers Motion by Walterhouse, seconded by Pitcher, to approve the prepaid vouches in the amount of $4,308, as presented. Roll call. Motion carried. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Probate Court Recorder Payment Options: Linda Wilson, County Treasurer, discusses three options which were presented to her; she states that Circuit Court pays actual time, not guaranteed time which is one option requested here. Comm Kelley says that he has checked with Leelanau County and they said it is not part of the job. Linda Wilson recommends that if you are going to pay, it should be $11.14 for actual hours worked and not a guaranteed amount (this is the difference between the salary and $30.00 per hour requested); they will have to move things around in their budget to take care of the fee. Motion by Pitcher, seconded by Roper, to enter into an agreement for recording with Kim Ireton for recording for Probate Court for $11.14 per hour up to $3, annual. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Pitcher, Roper and Tanner Nays: Kelley and Walterhouse Point Betsie Lighthouse Building Permits: Comm Pitcher states that the contractor went to pick up the building permit and was told it was $1,300; permit fees have always been waived in the past. Chairman Tanner says it should come from the grant. Comm Roper states that the building department is struggling as it is. Motion by Tanner, seconded by Pitcher, to waive the building permit fees for the Lighthouse. Roll call. Motion denied. Ayes: None Nays: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Walterhouse Point Betsie Lighthouse Project Manager: Linda Wilson states that there have been letters received from the State of Michigan that there seems to be discrepancies in documents regarding the barrier-free entrance and we need a project manager to take care of these problems.
3 Page 3 Motion by Walterhouse, seconded by Kelley, to turn the Lighthouse project over to the Building Authority with Jay Pettitt overseeing to be coordinated with the County Board, Parks & Recreation Commission and the Friends of Point Betsie Lighthouse. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and 6:45 p.m. Tom Longanbach, Equalization Director Motion by Walterhouse, seconded by Hollenbeck, to adopt the Apportionment Report as presented. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Walterhouse Nays: None 7:00 p.m. Marlene Wood-Zylstra, Recycling Coordinator Glass Contract; Host Agreement; Green Business Recycling Motion by Pitcher, seconded by Roper, to approve a Glass Bottle Recycling Processing Service Agreement for one year with American Waste, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Motion by Roper, seconded by Hollenbeck, to enter into a Memorandum of Understanding between Benzie County and Richard Rineer for a County Recycling Site as presented, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, roper, Tanner and Motion by Roper, seconded by Damm, to approve an extension of the Green Benzie Business Recycling Initiative for one year with the existing fee structure in place. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and 7:10 p.m. Craig Johnson, EMS Director A few months ago he and the Sheriff talked about a 911 Dispatch Advisory Board; would like to proceed and set up an advisory board; Regionalization of 911 Centers. Motion by Roper, seconded by Walterhouse, to set up a 911 Advisory Committee. Motion carried. Ayes: Damm, Hollenbeck, Pitcher, Roper, Tanner and Walterhouse Nays: Kelley Dispatch Center: A study has been done for possible combination dispatch centers and the consultant says it would be better to fall under a Manistee County connection rather than Grand Traverse and Leelanau; another option is the virtual consolidation; all centers would have the same equipment and allow them to dispatch accordingly. 7:25 p.m. Break 7:30 p.m. Reconvene 7:30 p.m. Dave Neiger, Platte Lake Overlay District & Wind Energy Motion by Pitcher, seconded by Damm, to adopt the Platte Lakes Area Management Plan Amendment into the Benzie County Zoning Ordinance, into the currently unused Article XXIII (Reserved), deleting (Reserved) and now Titled Overlay Districts. The Platte Lakes Area Management Plan (PLAMP) will insert after the new title as, Section 23.1 Platte Lakes Area
4 Page 4 Management Plan (PLAMP). This adoption and approval is subject to the final approval of County Counsel for Zoning Dick Figura to legally construct and fit the Amendment into the Ordinance language. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Motion by Pitcher, seconded by Roper, to adopt the Renewable Energy Devices Amendment to the Benzie County Zoning Ordinance as proposed by the County Planning Commission and as follows: 1. All definitions in the Proposed Renewable Energy Devices Amendment, Section II. Definitions contained on Page 1 and part of Page 2 are to be placed in the Benzie County Zoning Ordinance, within the existing Article II Definitions in alphabetical order. 2. The now former Sec Wind Energy Conversion Devices is to be deleted and in its entirety and replaced with: A. the new title, Sec Renewable Energy Devices B. the content of the New Sec Renewable Energy Devices, will be those Sections II, III, IV, and the Table 16-1, beginning at the bottom of Page 2 of the Proposed Amendment through Pages 3, 4, 5, 6, 7, 8, and 9. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and 7:40 p.m. Greg Piaskowski, Area Agency on Aging Mr. Piaskowski provides the AAA annual report; thank you to the board for the payment of the prior three years; the allocation for 2010 will request $3,466; thank you to Tom he does show up at the meetings; 2010 Census we need to be sure and count our snowbirds. 8:00 p.m. Phil Ellis, Regional Community Foundation Update Teresa Mensching and Suzi Voltz are members of the foundation and are present; over $1 million has been distributed in Benzie County since 2002; Youth Grant Makers Program they evaluate the grants and make the decision as to who is awarded them; represent five counties and are the Foundation for each county; always interested in what you have for us to know. 8:07 p.m. Matt McCaully, NWCOG Grand Vision Award; Energy Grant Matt provides a notebook of the Grand Vision Update; 1 Information on the workshop; 2 Values Research; 3 Public Participation Memo; 4 Public Involvement Committee Report; and 5 Public Opinion Results; Grand Traverse County passed a resolution recognizing all partners in the Grand Vision Project; Also MAC Legislative Meeting also awarded a plaque to Benzie County. Council of Governments have received a $1.1 million grant renewable energies; one of three agencies within the state to receive it; implementing renewable energy for the counties through 10 county region; $48,000 to each county -- $8,000 for an energy audit and $40,000 available for implementation of findings in that audit; stipulation every participating unit must form a Green Energy Team; also an energy savings account where energy savings as a result of the improvements, 50% of the savings will go into that account for future implementation projects.
5 Page 5 Action items: Create Green Team (within next two months); Authorize Energy Savings Account; Authorize single point of contact for the COG staff to interact with. Energy Efficiency & Conservation Block Grant application has been extended two weeks; no local match required. Motion by Pitcher, seconded by Roper, to adopt Resolution Renewables and Energy Efficiency for Local Governments Program as presented. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Comm Pitcher will draw up an idea of what the Green Team should look like and what their charge might be. 8:45 p.m. Break 8:50 p.m. Reconvene Motion by Walterhouse, seconded by Roper, to approve the Agreement with Utility Refund Corporation and the Addendum prepared by Mr. Figura, authorizing the chairman to sign. Roll call. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Walterhouse Nays: None CORRESPONDENCE Little Platte Lake level report received. Crystal Lake level report received. Frankfort City-County Airport Authority minutes of September 3, 2009 received. Dept Head meeting minutes of September 24, 2009 received. Benzie-Leelanau District Health Dept minutes of September 24, 2009 received. Benzie-Leelanau Health notes of October 16, 2009 received. Oceana County resolution regarding Stand-Alone Ag Dept information only. Allegan County resolution regarding lein funding referred to Sheriff. VanBuren County resolution regarding DHS lawsuit information only. Village of Thompsonville resolution re Opting In to the ORV Ordinance. from Mr. Figura re survey on trail property. Motion by Walterhouse, seconded by Roper, that the Board of Commissioners pay for a survey on the property regarding Cole vs Benzie County lawsuit. Motion by Kelley, seconded by Walterhouse, to amend to hire John Smendzuik, Crystal Surveying, to perform the survey. Vote on amendment: Motion carried. Ayes: Hollenbeck, Kelley, Tanner and Walterhouse Nays: Damm, Pitcher and Roper Vote on original motion as amended: Roll call. Motion carried. Ayes: Hollenbeck, Kelley, Tanner and Walterhouse Nays: Damm, Pitcher and Roper VanBuren County resolution re Pure Michigan campaign information only.
6 Page 6 Letter from Attorney Catherine Wolfe regarding Village of Beulah issue forward to MMRMA. Road Commission minutes of August 13, 27 and September 29, 2009 received; repaving of roads; funds are getting less and less; with schedule a meeting to invite the public in to show that they have to create a plan and show what needs to be done; more information to follow. Some roads are too far gone, you will see some road going back to gravel. Animal Control report for September 15 October 15, 2009 received; Comm Damm inquires regarding the salary of the ACO they are upset about being salaried. Comm Hollenbeck stated that Elberta says nothing has been done on the dog issue; Kris talked with Jamie Croel and said that until someone that was bitten files a complaint, nothing can be done. Broadband memo; meeting scheduled Thursday, October 22 at 7 p.m. at the Garden Theater to inform the public of the process; John Axe is still adamant that this is not the thing to do. Frankfort City-County Airport Authority minutes of October 1, 2009 received. Transportation Authority minutes of October 13, 2009 received. Letter from NMSAS that the November 2 meeting is cancelled; next meeting is scheduled for December 7, Building Dept report for September 2009 received. Council on Aging Board of Directors for 2009 provided. Decision from Mr. Daugherty regarding the Veterans Preference Act. Article regarding the Grand Vision. NEW BUSINESS: Bid openings on the HVAC, Cleaning & Snow Removal will be done on Monday, October 26, 2009 at 10:30 a.m. Seven townships would like to meet with the Board of Commissioners regarding Planning & Zoning on Tuesday, October 27, 2009 at 7:00 p.m. at Benzonia Township will be scheduled as a special meeting. November Board meetings: Cancel November 17 Full meeting on November 10. COMMISSIONER REPORT: Comm Hollenbeck Village of Elberta will no longer fund the Frankfort First Responders; Meeting Friday at the American Legion in Frankfort regarding EDC for the City of Frankfort 11 a.m. 4 p.m. Comm Walterhouse Betsie Valley trail will not hold a meeting in November, Public Health 21 full time employees, next Friday will be doing some more cutting of hours or lay offs. Comm Damm has nothing more to add. Comm Roper has nothing more to add. Comm Kelley provides a written report. Comm Pitcher encourages everyone to come to the Broadband meeting on Thursday; Conservation District state funding has been completely zeroed out. Chairman Tanner attached the CMH conference in Traverse City paid close attention to the state budget; Buddy to Buddy program, which is mental health programs for those returning from Iraq.
7 Page 7 10:07 p.m. PUBLIC INPUT Kathy Ralston, Chair of the Planning Commission, asked about noticing for next week s meeting with the townships; talks about grant opportunities to keep things going with the Planning; Planning Commission is approaching EDC and that could be another source of funding; thank you for adopting the wind ordinance. Dave Neiger says the new construction in Benzonia is a 15,000 square foot building with a meat department but no deli Save A Lot grocery store. 10:20 p.m. PUBLIC INPUT CLOSED Motion by Walterhouse, seconded by Roper, to adjourn until November 10, 2009 or the call of the chair. Motion carried. Ayes: Damm, Hollenbeck, Kelley, Pitcher, Roper, Tanner and Walterhouse Nays: None Donald R. Tanner -- Chairman Dawn Olney Benzie County Clerk INDEX 1. Approved the agenda as amended. 2. Approved the September 14 and 15, 2009 minutes as presented. 3. Approved the September 21 and 29, 2009 minutes as presented. 4. Approved the October 5 and 7, 2009 minutes as presented. 5. Approved the September 21, 2009 closed session minutes as presented. 6. Approved the Finance Consent Calendar items 1-7 as presented. 7. Approved the Personnel Consent Calendar items 1 and 2 as presented. 8. Approved the prepaid vouches in the amount of $4,308, as presented. 9. Entered into an agreement for recording with Kim Ireton for recording for Probate Court for $11.14 per hour up to $3, annual. 10. Denied motion to waive the building permit fees for the Lighthouse. 11. Authorized to turn the Lighthouse project over to the Building Authority with Jay Pettitt overseeing to be coordinated with the County Board, Parks & Recreation Commission and the Friends of Point Betsie Lighthouse. 12. Adopted the Apportionment Report as presented. 13. Approved a Glass Bottle Recycling Processing Service Agreement for one year with American Waste, authorizing the chairman to sign. 14. Entered into a Memorandum of Understanding between Benzie County and Richard Rineer for a County Recycling Site as presented, authorizing the chairman to sign. 15. Approved an extension of the Green Benzie Business Recycling Initiative for one year with the existing fee structure in place. 16. Authorized the set up a 911 Advisory Committee.
8 Page Adopted the Platte Lakes Area Management Plan Amendment into the Benzie County Zoning Ordinance as presented. 18. Adopted the Renewable Energy Devices Amendment to the Benzie County Zoning Ordinance as presented. 19. Adopted resolution Renewables and Energy Efficiency for Local Governments Program as presented. 20. Approved the Agreement with Utility Refund Corporation and the Addendum prepared by Mr. Figura, authorizing the chairman to sign. 21. Approved that the Board of Commissioners pay for a survey on the property regarding Cole vs Benzie County lawsuit and to hire John Smendzuik, Crystal Surveying, to perform the survey. 22. Approved bid openings on the HVAC, Cleaning & Snow Removal will be done on Monday, October 26, 2009 at 10:30 a.m. 23. Approved special meeting with townships Tuesday, October 27, 2009 at 7:00 p.m. at Benzonia Township. 24. November Board meetings: Cancel November 17 Full meeting on November 10.
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