ALGER COUNTY BOARD OF COMMISSIONERS REGULAR BOARD MEETING April 20, 2015 Minutes are subject to corrections and approval Pursuant to recess, the Alger County Board of Commissioners convened in the conference room of the county building at 4:04 p.m. on the above date. The meeting was called to order by Chairman Doucette with the following Commissioners present: Commissioners Mattson, Pullen, Rondeau, VanLandschoot, and Doucette. Absent None. The board of commissioners said the Pledge of Allegiance. Public comment session was open. There was no public comment from the floor; thus, the public comment session was closed. It was moved by Commissioner Pullen and seconded by Commissioner VanLandschoot to approve the Committee of the Whole meeting minutes of February 9, 2015; the Special Board meeting minutes of February 17, 2015; the Regular Board meeting minutes of February 17, 2015; the Committee of the Whole meeting minutes of March 9, 2015; and the Regular Board meeting minutes of March 16, 2015. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. It was moved by Commissioner Rondeau and seconded by Commissioner Pullen to amend the current agenda to include 5c. Letter to Russ Mason in Support of Land Swap for AuTrain Wildlife Refuge. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. It was moved by Commissioner Rondeau and seconded by Commissioner Mattson to send a letter to Russ Mason in Support of Land Swap for AuTrain Wildlife Refuge. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Joe Cilc was present to discuss the demolition of the Long Branch Saloon in Trenary. Joe handed out a letter from December 30, 2013 from Stacy M. Rucinski. Joe stated the Long Branch Saloon is a liability to the county now that the board has been informed about it. Joe contacted Gerou Excavating about a price to demolish the building. It was approximately $42,000. Stacy will not return Joe s calls and in his estimation the building is unsafe. Pamela Johnson asked about putting a lien on the property. Kim Peterson from Mathias Township commented Stacy would give up the property, but that Joe Cilc should still contact Stacy. Joe stated we need to contact a lawyer first. Robb Ferguson has agreed to represent Alger County and Mathias Township in the matter. Joe Cilc suggested someone represent the county/township. Commissioner Rondeau offered to represent Alger County. It was moved by Commissioner Pullen and seconded by Commissioner Rondeau to authorize Joe Cilc to talk to Karen Bahrman and Robb Ferguson about the Trenary Saloon. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. Joe Cilc also stated that rooms open to the public must have a secondary exit and sprinklers. He suggested during the jail expansion, it might be a good time to fix building code problems. Commissioner Doucette suggested a building and grounds meeting. Joe also stated that for the last few weeks, there have been combustible materials in the hallway. He said that this is a violation of MIOSHA and the fire code. Lastly, concerning the airport building, Alger County requires permits. Commissioner Pullen stated the board is still working out the details of the new building. Commissioner Rondeau stated that he will stop in on April 22 nd to get a construction permit. Joe Cilc reminded the board that a permit to demo will be required to destroy the current structure. There was discussion about the age of the building. Commissioner Doucette stated the Alger County Clerk, Treasurer and Sheriff all support Compudyne as the Alger County IT Managed Services. It was moved by Commissioner Pullen and seconded by Commissioner VanLandschoot to accept the bid from Compudyne for the Alger County IT Managed Services. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. The clerk s office will send Lee Francisco at 906 Technologies a letter of appreciation. 1
For the jail proposals, Sgt. Webber said that he was happy with all four bids. He stated that DeVere was recommended as the Construction Manager at Risk for the new jail. Undersheriff Brock stated that the sheriff s department wants the construction manager to keep local contractors in mind. Sheriff Hughes stated that two local contractors had bid for the general construction manager at risk position; however, the locals did not have experience building jails and this could lead to delays. He said that DeVere will build the needed materials and still work with local contractors. DeVere will cover bonding and will be fair throughout the process. Undersheriff Brock thanked the jail committee and especially Sgt. Webber for all his hard work. Commissioner Mattson stated that the jail committee viewed jails built by both DeVere and Gundlach and of the two, DeVere shows the most promise. Commissioner Rondeau asked when we can expect prints. Sgt. Webber stated now that we have picked a Construction Manager at Risk, he can meet with DeVere and hopefully in 2-3 weeks we will see plans. It was moved by Commissioner Mattson and seconded by Commissioner VanLandschoot to accept the bid from DeVere as Construction Manager at Risk for the new jail. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. It was moved by Commissioner Pullen and seconded by Commissioner Mattson to authorize the following letters to address that the siting criteria has been met regarding the Alger County Solid Waste Plan: ALGER COUNTY BOARD OF COMMISSIONERS Mary Ann Froberg, Clerk 101 COURT STREET, MUNISING, MI 49862 April 21, 2015 Ms. Christina Miller Constitution Hall, 4 South 525 West Allegan Street P.O. Box 30241 Lansing, MI 48933 RE: ALGER COUNTY SOLID WASTE PLAN CLARIFICATION Dear Ms. Miller: This letter is written to provide clarification regarding an issue included in the current MDEQ-prepared and approved Alger Country Solid Waste Plan (MDEQ, 2002). We are expressing this concern and providing this clarification as it affects Wood Island Waste Management s construction permit application. Specifically, the siting criteria viii, included on Page III-28 states, A facility shall not be located in an area of groundwater recharge as defined by the United States Geological Survey or in a wellhead protection area as approved by the DEQ. This criteria is nearly impossible to meet for two reasons, as follows. According to the United States Geological Survey and the Michigan Geologic Survey, a definition for groundwater recharge area does not exist. A definition does exist for groundwater recharge. However, without a definition or identification of formal recharge areas, it is impossible to determine whether a subject site is located within one. Secondly, if that criterion is interpreted to mean any area of groundwater recharge, it is equally impossible to meet. Based on our references and conversations with the Michigan Department of Environmental Quality (MDEQ), the majority of the state of Michigan receives some groundwater recharge, making the criterion difficult to almost impossible to meet in any location in Alger County. Please consider this letter of clarification for all future determinations of consistency. The language under review has existed in the Alger County Solid Waste Plan since 2002, and has been used multiple times to issue determinations of consistency and only now has become an issue. The Alger County board recognizes that the language in the siting criteria viii should be modified in our plan, and the issue will be reviewed during the next plan amendment or update process. Thank you for your timely attention to this matter. Please do not hesitate to contact myself or Golder Associates if you have any questions. Sincerely, Mr. Jerry Doucette, Chairman Alger County Board of Commissioners 2
ALGER COUNTY BOARD OF COMMISSIONERS Mary Ann Froberg, Clerk 101 COURT STREET, MUNISING, MI 49862 April 21, 2015 Mr. Tom Dykowski Golder Associates 809 Delta Ave Gladstone, MI 49837 RE: Dear Mr. Dykowski: On April 13, 2015 Golder Associates (Golder) attended the committee of the whole board meeting and provided to the members an update with regards to the Construction Permit Application (CPA) process for the expansion of the Wood Island Landfill. At this time you provided a plan view of the proposed expansion that was contained in our meeting package and also provided a full size drawing for your presentation that contained specific isolation distance requirements. Specifically, the following were addressed: siting criteria from page III-28 of the Alger County Solid Waste Plan: 500 from adjacent property lines, road right-of-ways, lakes and perennial streams as shown on handout 1000 from domiciles or public schools as shown on handout Airport isolation distance 100-year floodplain Regulated wetlands Farmland and Open Space Preservation Sensitive environmental areas Historic or archaeological defined by state historical preservation officer As explained to us the first two isolation distance criteria listed above that are contained in the MDEQ prepared and approved Alger County Solid Waste Plan, (2002) are more stringent then the State of Michigan, Solid Waste Management Act, Part 115 rules. The remaining items listed above have the same criteria and are addressed in the CPA. After reviewing the data contained in the meeting package and the presentation by Golder, the Board of Commissioners has determined that the proposed expansion unit meets the siting criteria and is consistent with the Solid Waste Plan. The Board of Commissioners is in support of the expansion at the Wood Island Landfill. Sincerely, Jerry Doucette, Chair Alger County Board of Commissioners Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner Mattson and seconded by Commissioner Pullen to approve the following Equalization L-4024 Report: 3
Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner Pullen and seconded by Commissioner VanLandschoot to approve the following Resolution Authorizing Publication of Notice of Intent to Issue Capital Improvement Bonds and Declaring Intent to Reimburse: 4
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Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner Mattson and seconded by Commissioner Pullen to approve the GEI Consultants of Michigan, P.C. proposal to do a site survey in the amount of $6,300. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. 6
It was moved by Commissioner Mattson and seconded by Commissioner Pullen to approve the following legal services agreement between the County of Alger and D. Robb Ferguson for the new jail: 7
Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and 8
It was moved by Commissioner Mattson and seconded by Commissioner VanLandschoot to authorize the sheriff to purchase a new heavy duty winch from Skip s Auto Repair LLC for the tracked vehicle for rescue in the amount of $980. Monies to come from the ambulance fund rescue supplies line item (210-000-727.040). Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner VanLandschoot and seconded by Commissioner Rondeau to authorize the sheriff to purchase three additional pagers for the ambulance service in the amount of $1,438.48. Monies are to come from the ambulance fund rescue supplies line item (210-000-727.040). Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. It was moved by Commissioner VanLandschoot and seconded by Commissioner Pullen to authorize the sheriff and the law enforcement committee to be able to purchase a meal vehicle with a cost up to $2,500. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Social Media policy was next for discussion. Commissioner Doucette said he would like input from the commissioners. It is also to be brought to the department heads for their input. The Undersheriff said that the commissioners are going in the right direction. Commissioner Pullen stated the policy should include no posting of badges or pictures of county uniforms, buildings, etc. Commissioner Rondeau asked what happens if an employee violates the Social Media Policy. Undersheriff Brock said that he and the Sheriff spent hours on their policy, and the board has every right to implement any policy it so chooses including conditions. Consensus was reached to have a policy to approve by the next regular board meeting. Old business was next. There was none. It was moved by Commissioner Pullen and seconded by Commissioner Rondeau to authorize payment to Pathways for their quarterly mental health appropriation in the amount of $8,305. Those monies are to come from their appropriation (101-649-969.000). Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner Rondeau and seconded by Commissioner VanLandschoot to approve payment of all of the board bills as recommended by the audit committee and the committee of the whole. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and It was moved by Commissioner Mattson and seconded by Commissioner Pullen to approve the financial reports for all funds. A full 30-page report is available upon request with the treasurer. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Doucette. Nays none. Absent none. It was moved by Commissioner Pullen and seconded by Commissioner VanLandschoot to authorize the treasurer to create Fund #466 Jail Building Fund. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and There were no miscellaneous financial matters. It was moved by Commissioner Pullen and seconded by Commissioner VanLandschoot to approve the following Resolution #2015-04 Code Association Annual Conference and Resolution #2015-05 Oppose SB 1123 & 1124: RESOLUTION #2015-04 WHEREAS, most counties in the State of Michigan have a Construction Code Department to serve residents and contractors engaging in construction projects within their county; and WHEREAS, the Code Association Conference of Michigan, Northern Michigan Code Officials, Plumbing Inspectors Association of Michigan, Mechanical Inspectors Association of Michigan and International Association of Electrical Inspectors have annual conferences which feature important and required training and certification opportunities for the individual inspectors; and WHEREAS, the leadership for the inspector association has chosen to hold the conference in September or October; and WHEREAS, September through early December happens to be crunch time for homeowners and contractors seeking inspections from the Construction Code Departments throughout the State and is a time when the weather can make a difference in whether or not the job gets completed by winter. THEREFORE, BE IT RESOLVED THAT, the Alger County Board of Commissioners respectfully requests, in the future, that the leadership of the inspector associations make it a policy to hold their association s annual conference between late December and the end of March thereby providing better service to those constituents engaged in construction projects throughout the counties of Michigan. 9
BE IT ALSO RESOLVED, that this resolution be sent to the Code Association Conference of Michigan, Northern Michigan Code Officials, Plumbing Inspectors Association of Michigan, Mechanical Inspectors Association of Michigan, International Association of Electrical Inspectors, and the other 82 counties. Dated: April 20, 2015 Jerry Doucette, Chair Alger County Board of Commissioners RESOLUTION #2015-05 OPPOSE SB 1123 & 1124 WHEREAS, Alger County may become a location of some wind energy developments in the State of Michigan; and WHEREAS, local control of the placement and monitoring of these utility scale wind developments is crucial for local townships and counties; and WHEREAS, the administration of local zoning is a key component of local government, reflecting local inputs, local control, and local leadership; and WHEREAS, these local controls would be limited by SB 1123 & 1124; now THEREFORE, BE IT RESOLVED that the Alger County Board of Commissioners opposes SB 1123 & 1124 and any legislation that would limit, hinder, or eliminate local control of zoning administration and implementation; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Senator Tom Casperson, Representative John Kivela, Governor Rick Snyder, and the Michigan Association of Counties. Dated: April 20, 2015 Jerry Doucette, Chair Alger County Board of Commissioners Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Committee reports were next. Commissioner Doucette wanted to congratulate Commissioner Pullen who is the Pathways new board chair. Commissioner VanLandschoot stated AMCAB is looking to purchase the Wm. G. Mather school building. Commissioner VanLandschoot stated the auditorium should be preserved. He said that the pool has already been filled with cement. Commissioner Mattson wanted to thank everyone on the jail committee and that he looks forward to the operation moving forward. Commissioner Rondeau also wanted to thank the jail committee. Undersheriff Brock stated that there was an increase in jail housing revenue for the month of April. Correspondence was briefly read from the Department of Environmental Quality (D.E.Q.) for the commissioners to attend their Recycling Summit on May 5, 2015. Also from D.E.Q. was their monthly Air Quality Division s Pending New Source Review Application Report. These will be placed in the board meeting file. Board comments were next. Commissioner Rondeau was concerned with reading through the Hiawatha National Forest yearly informational paper about exchanging land and was asking why Alger County was not in it. There was discussion on the federal land swap regarding the airport and that Alger County has not finalized the project. Commissioner VanLandschoot thanked the jail committee again and that it could really help solve some of the financial problems. He said that they are Sgt. Webber and the Undersheriff are still invited to the four-county judicial meeting and that it really helps them be there. Commissioner Doucette talked to the Department of Natural Resources about the Scott Falls on M-28 and everything should be moving forward soon to replace the culvert. Staff comments were next. Sheriff Hughes said that the jail committee put in a lot of work and to look at the Construction Manager differently. He said that the Construction Manager is like another member of the jail committee and that they will work with the board and getting locals employed. Sgt. Webber thanked the board and the committee as a group. Commissioner Doucette said that it was gratifying for the support from the board. 10
Public comment session was open. Tom Bowles was present and stated that he was there in response to an accident out in their development. He discussed that the EMS was looking for fire numbers. He said that the numbers are botched up and out of sequence. He said that the mapping usage is different than their township maps. It took about 15 20 minutes between the EMT and fire departments meeting. He said if it was a fire, it would have been worse. He said it s a bad situation. There is a potential liability here. He also discussed the lack of ingress/egress and the liability of being isolated out in his development. He said that the township will not do anything about the zoning issues. Commissioner Doucette said there is nothing they can do because it is a private entity problem. The sheriff said the he met with Onota Township and they have developed their own maps. The fire department has been told not to turn around if they noticed a change in the numbers. All EMS, the township board, and the township fire department have taken action. The sheriff s department also has the map numbers with the wrong numbers on it. Toni Mann asked the board if they had made a decision concerning the vaccines resolution. Commissioner Pullen stated they are still investigating it. It was moved by Commissioner Pullen and seconded by Commissioner Mattson to adjourn this meeting at 5:37 p.m. Motion carried by the following vote: Ayes Commissioners Mattson, Pullen, Rondeau, VanLandschoot and Jerry Doucette, Chairman Alger County Board of Commissioners Mary Ann Froberg Alger County Clerk 11