Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman...

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Buildings, Lands & Infrastructure Committee Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From: Pete Garwood, County Administrator Re: Meeting Notice The Buildings, Lands & Infrastructure Committee will meet on Wednesday, August 1, 2017 in Room 211 – 2 nd Floor, Antrim County Building 203 E. Cayuga Street, Bellaire, MI 49615 Agenda: 9:00 a.m. Public Comment 9:01 a.m. Parks Department Update – Eileen Wallick 9:15 a.m. Maintenance Department Update UniFirst Agreement – see attached pg. 2 Jail Pavement/Drainage – see attached pg. 3 9:25 a.m. Building Department Update – Mark Haynes – see attached pgs. 4-5 9:40 a.m. Soil Erosion Control Update – Heidi Shaffer – see attached pgs. 6-11 9:55 a.m. Operator of Dams Update – Mark Stone 10:10 a.m. Facilities Assessment Update – see attached pg. 12 10:20 a.m. Grass River Natural Area Gosling Czubak Engineering Sciences Presentation – Klaus Heinert Boardwalk Reconstruction Project Analysis – see attached pgs. 13-21 Boardwalk Reconstruction Request – see attached pgs. 22-23 11:00 a.m. Warner Township Parcel – see attached pg. 24 11:30 a.m. Approval of Closed Meeting Minutes of July 5, 2017 11:40 a.m. Antrim Conservation District Contract Proposal – see attached pgs. 25-41 2018 Budget Overview 12:15 p.m. Various Matters 12:30 p.m. Public Comment If you have any questions, are unable to attend this meeting, or wish to attend this meeting and require special assistance, please contact the Administration Office, P.O. Box 187, Bellaire, MI 49615; email [email protected]; 231-533-6265. Thank you.

Transcript of Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman...

Page 1: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Buildings, Lands & Infrastructure Committee Dawn LaVanway Bryan Smith, Chairman Scott Kruger

July 27, 2017 To: Buildings, Lands & Infrastructure Committee

From: Pete Garwood, County Administrator

Re: Meeting Notice

The Buildings, Lands & Infrastructure Committee will meet on

Wednesday, August 1, 2017 in Room 211 – 2nd Floor, Antrim County Building

203 E. Cayuga Street, Bellaire, MI 49615 Agenda:

9:00 a.m. Public Comment

9:01 a.m. Parks Department Update – Eileen Wallick

9:15 a.m. Maintenance Department Update • UniFirst Agreement – see attached pg. 2 • Jail Pavement/Drainage – see attached pg. 3

9:25 a.m. Building Department Update – Mark Haynes – see attached pgs. 4-5

9:40 a.m. Soil Erosion Control Update – Heidi Shaffer – see attached pgs. 6-11

9:55 a.m. Operator of Dams Update – Mark Stone

10:10 a.m. Facilities Assessment Update – see attached pg. 12

10:20 a.m. Grass River Natural Area • Gosling Czubak Engineering Sciences Presentation – Klaus Heinert

Boardwalk Reconstruction Project Analysis – see attached pgs. 13-21 • Boardwalk Reconstruction Request – see attached pgs. 22-23

11:00 a.m. Warner Township Parcel – see attached pg. 24

11:30 a.m. Approval of Closed Meeting Minutes of July 5, 2017

11:40 a.m. Antrim Conservation District • Contract Proposal – see attached pgs. 25-41 • 2018 Budget Overview

12:15 p.m. Various Matters 12:30 p.m. Public Comment

If you have any questions, are unable to attend this meeting, or wish to attend this meeting and require special assistance, please contact the Administration Office, P.O. Box 187, Bellaire, MI 49615;

email [email protected]; 231-533-6265. Thank you.

Page 2: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Memorandum Administration Office

August 1, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Pete Garwood, Administrator

RE: UniFirst Agreement

The company the Maintenance Department has been getting their uniforms from has changed their name from Arrow Uniform to UniFirst Corporation. Along with the name change, they presented an agreement for signature. At the recommendation of civil counsel, language changes have been successfully negotiated and include:

• Changing from a five year agreement with an automatic renewal to a three year contract with no automatic renewal.

• Changing from an annual increase of the CPI or the 5% whichever is greater to 2% annually. • Changing from 30 days to pay a receipt to 45 days. • Adding that any communications that deal with a breach of contract or amendments to the

contract be sent by certified mail.

The following motion is presented for your consideration:

Motion by _____________________, seconded by _____________________, to recommend the Board of Commissioners approve the service agreement between Antrim County and UniFirst Corporation for the provision of weekly uniforms for the County maintenance department staff for a thirty-six (36) month period.

Page 3: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

July 26, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Peter Garwood, County Administrator

RE: Jail Parking Lot/ Roof Drain

At the July 10, 2017 Finance Committee meeting, the following request was made:

“Mr. Marcus asked that the maintenance director still work toward solving the roof drainage issues at the jail. Mr. Garwood said he would contact the maintenance director regarding the issue. Ms. Bargy said she was making a note that the issue would go to BLI.”

Dave Vitale, the Maintenance Department Director, is currently on vacation. Mr. Vitale will address the committee’s concerns about this issue at the September BLI meeting.

Memorandum Administration Office

Page 4: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

2017 June

Income Expense2016

Permits Sold

2016 Income

2017 Permits Sold

2017Income

DifferenceFrom Prev.

Year Permits

DifferenceFrom Prev.

Year Income

Janurary $24,644.00 $25,973.46 109 $22,011.00 119 $24,644.00 10 $2,633.00February $19,371.24 $28,904.87 114 $24,701.00 84 $19,371.24 -30 -$5,329.76March $40,667.00 $43,040.40 138 $28,177.00 144 $40,667.00 6 $12,490.00April $46,786.00 $54,373.96 148 $41,734.00 186 $46,786.00 38 $5,052.00May $92,012.00 $38,884.77 204 $46,016.00 269 $92,012.00 65 $45,996.00June $61,084.82 $35,361.20 247 $54,803.00 261 $61,084.82 14 $6,281.82July 0 $0.00August 0 $0.00September 0 $0.00October 0 $0.00November 0 $0.00December 0 $0.00Total YTD: $284,565.06 $226,538.66 960 $217,442.00 1063 $284,565.06 103 $67,123.06

Net RevenueYTD: $58,026.40

Antrim County Building Department BLI Committee Report

Page 5: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

2017 June

Building Plan

ReviewsMonthly

BuildingPlan

ReviewsDaily

BuildingInspections

MonthlyTotal

BuildingInspections

DailyAverage

MechanicalInspections

MonthlyTotal

MechanicalInspections

DailyAverage

PlumbingInspections

MonthlyTotal

PlumbingInspections

DailyAverage

ElectricalInspections

MonthlyTotal

ElectricalInspections

DailyAverage

January 20 1 102 5.1 112 5.6 42 2.1 94 4.7February 20 1 71 3.55 76 3.8 47 2.35 61 3.05March 39 1.95 103 5.15 106 5.3 53 2.65 91 4.55April 68 3.4 139 6.95 76 3.8 54 2.7 108 5.4May 99 4.95 217 10.85 140 7 69 3.45 146 7.3June 75 3.75 203 10.15 129 6.45 65 3.25 145 7.25July AugustSeptemberOctoberNovemberDecemberTotals YTD: 321 2.68 415 6.96 639 5.33 330 2.75 645 5.38

Total Inspections YTD: 2350Total Permits Sold YTD: 1063

Permit Type Number Fees Additionto existing

Average Cost

Building 68 $22,938.00 $989.00 $351.87Year to date 300 $1,116,650.00 $3,763.00 $3,734.71

Plumbing 34 $7,198.00 $648.00 $230.76Year to date 131 $29,594.00 $1,666.00 $238.63

Electrical 97 $15,239.00 $1,677.00 $174.39Year to date 335 $60,651.00 $6,520.00 $200.51

Mechanical 62 $10,227.00 $529.00 $173.48Year to date 297 $49,114.00 $2,777.00 $174.72

Antrim County Building Department BLI Committee Report

Page 6: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

July 2017 Narrative

(including June’s narrative)

I have developed a prioritization schedule for permit inspections: low (l), medium (m), high (h).

I base this on practical experience: slope, distance from water, soil type, area of earth change,

and proposed impervious surface. The low sites – I will visit the 1st time before permit issuance,

once during construction then when it is stable (3 visits). The medium sites I will visit the 1st

time before permit issuance, monthly during construction (that may be modified depending on

the site and need). The high priority sites I will visit the 1st time before permit issuance, monthly

and after every rain event. When the ground is covered in snow or frozen – site visits will be

greatly minimized as soil does not move when covered with snow or frozen.

The Conservation District is exploring purchasing the BS&A tracking software for the soil

erosion program. This will aid in tracking the permits and scheduling site visits. The cost to the

Soil Erosion program is expected to be about $2500.

I have a program review August 14th, 15th, and 16th with the MDEQ. They are required to

review the program every 5 years. My last one, and only one I think, was in 2004. The first day

will be reviewing my paperwork, then the next two days will be random site visits to job sights.

On August 11, the Conservation District will be doing a “Soil Health Field Day” at Shooks Farm

from 10-3 in partnership with Shooks and NRCS. I will be helping with this event.

August 5 from 9-1 is the annual hazardous waste collection in Bellaire. It will be held in the food

pantry parking lot due east of Nifty Thrifty, due west of the Health Dept., and due north of the

county building. We will also be accepting up to 10 scrap tires per person at the Antrim

Conservation District on August 5 from 9-1. I will be helping with this.

On August 3, I will be providing on the job training with 15 AmeriCorps members. We will be

going over the soil erosion control program and functional landscaping. I am taking them to 2

natural shoreline sites, 2 completed functional landscaping site, 1 permitted DEQ wetland/high

risk erosion site, and an open site to do an actual site evaluation. The training will be from 10-

3. (Yes, they are covered by insurance through the AmeriCorps program.)

On July 2, I gave a “functional landscaping” presentation to the Birch Lake Association. There

were about 100 people in attendance. I have since received over a dozen calls from Lake

Association Members wanting to know about shoreline stabilization options.

Page 7: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

On June 8, Tom Clement and I met with the Huron Pines representative for the AmeriCorps

program to provide the mid-year evaluation for Meghan, our AmeriCorps member.

On June 3, the Antrim Conservation District, in partnership with Grass River, Paddle Antrim, and

Glacial Hill hosted the annual National Trails Day. We did a round robin of hiking opportunities

and programs. We had a few participants, not nearly as many as we had hoped. Great effort by

partners.

June and July have been filled with site inspections and preapplication meetings with

contractors and homeowners. I am working on closing out all the remaining 2016 permits

where possible.

Banks Township Banks Township Park: final stabilization review Antrim Creek Natural Area: review on the boat launch. Because this launch is on the bay, it probably should have been engineered. There are significant issues with its functionality. I have received calls. Bradke: preapplication meeting and initial follow up for project

Central Lake Township Village of Central Lake: The Village has two projects going right now: new water lines and renovations at Thurston Park. I meet fairly regularly with the engineers in charge of the projects to make sure work is proceeding without causing erosion. Stones: Working with landscape architect and landscaper to get this site stabilized. Colman: met with Mr. Colman about shoreline erosion and MDEQ limits. I sent pictures to Kleitch, DEQ, to see if Mr. Colman needed a permit for what he wants to do. Have not yet heard back.

Custer Township Custer Twp Supervisor: met with supervisor and deputy to discuss flooding and erosion issues up at a Schuss neighborhood because of inadequate ditching and water controls in the ditches. We also reviewed the proposed paving of Tyler Road and the need for curbing on the slopes down to the creek. The District had worked with the Antrim County Road Commission some years ago to replace the culvert on Tyler/Cold Creek. I wrote a letter to ACRC reminding them of our past involvement and asked what the plans were for water/erosion control when doing the paving. Have not heard back.

Page 8: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Echo Township McLean: McLean hired a contractor to level her lawn and he did not get a permit from either soil erosion or MDEQ. The yard was mostly wetlands. When she received the violation letter, she came immediately to this office. I have been working with her and the MDEQ to remedy the violation and to get her into compliance. Veet: soil erosion permit preapplication meeting. Daniels: met with property owner to discuss temporary stabilization. This family is building a new home and doing all the work themselves as they can afford it…..the landscaping has not been a priority. Have recommended French drains at the eave line, wood chips or seeding with annual rye. Very low possibility of impact, but would like to close out this permit. Gasper: met with the Gaspers to review a lot they hope to purchase. There are wetlands lakeside and they were very aware of limits. We talked permit requirements/DEQ and reviewed soil erosion control requirements. Mr. Gasper and I worked together at NRCS (he was the State Engineer – and has a great understanding of soils and wetlands.) Nuffer: soil erosion preapplication meeting

Elk Rapids Township Johnson/ Tulpa: preapplication meeting with George Drogt. I believe there may be wetland issues on this site and recommended they meet with the MDEQ or private consultant to determine if there are regulated wetlands on site and what their boundaries are. Mr. Tulpa was not happy. Johnson: met with Mr. Johnson on his property. Has a low area he wants to fill. I suggested it might be regulated wetlands and that he could discuss his options with MDEQ or plant native wetland plants and create a garden instead of a lawn. I have been in contact with his wife sharing plant lists and nurseries where plants can be gotten. Terry Denman: met with Terry and his wife to discuss final stabilization at his Elk Lake home site. Discussed functional landscaping, limiting their lawn, proper fertilizer application, and buffer strips. Weiss: met with the Weiss’ to discuss their property, their open soil erosion permit, the wetlands on their site and the plants on the site, their shoreline, and appropriate plants for their property. They have an MDEQ permit and a soil erosion permit for the work they have done. Gribi: met with Mrs. Gribi, Mike Garrod from Powell Excavating, and Brad Gribi (builder and son of Mrs. Gribi) to discuss Mrs. Gribi’s shoreline erosion. They are aware they need an MDEQ permit to do the work they are proposing. Barker Creek: Met with Terry at Barker Creek on a preapplication meeting for a landscape he is installing on Cairn Hwy. Werth: met with Ms. Werth to discuss invasives and shrub growth on Lake Michigan at her mother’s property. Referred her to Dusty Jordan, our invasive species coordinator. Hertler: met with Hertler and his customer for a preapplication meeting. Has wetland issues. Referred him to the MDEQ.

Page 9: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Forest Home Township Cressy: meeting to discuss shoreline stabilization and shoreline buffers. Told her she needed to work with MDEQ if she did shoreline stabilization. Told her about Otsego Conservation District’s native plant nursery if she wanted to plant a native buffer; suggested it would help with stabilization. Hicks: Review of Hicks’ natural shoreline and an additional area of erosion concern. Discussed options to remedy the erosion site and plants for conditions. Her neighbor has giant knotweed and we discussed control/eradication with her. Lorimar: met with contractor on this site to discuss erosion issues. Developed a plan with contractor and homeowner to address the issues.

Helena Township Bob Schmerheim, MidLake Builders, and I met to discuss a beach area he wants to install for his customer. From a soil erosion perspective, the proposal is doable. From a Township perspective, there are some concerns as Helena does not allow any alteration of the first 25’ from the Lake. Recommended Bob contact Bob Loesse at Helena. I have been having some issues with zoning officials. Just because an MDEQ permit or soil erosion permit is issued, it does not mean that a project complies with zoning requirements. I am trying to make sure homeowners/contractors get their zoning permits before they come to me if the proposed activity is within a zoned buffer area. I have concerns that the zoning officials are relying only on my permit issuance to issue their permits. The requirements are different and we have different measures of compliance. Curran: preapplication meeting to discuss proposed activities on her Alden/Torch Lake property. She has a wetland at her concrete patio (one can build right up to the wetland boundary) and the earth beneath the patio is eroding. I recommended she talk with MDEQ/private consultant to determine what the DEQ would allow and secure a permit from them. We also talked about the plants and invasives she has on her property and what she could plant to enhance the beauty of her wetland. She is also proposing leveling her lot across the road from the lake – no issues.

Jordan Township Had concerns with logging operation on the Green River – reached out to both owners asking them to have the logger seed the area when they are done as they are within 100’ of the Green River. I also alerted Brian Bury at the DNR’s Natural River’s program. Did not hear back from Brian. I have loosely monitored the installation of the clear span bridge on Old State Road and the Jordan River.

Page 10: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Milton Township Covington: discussed final stabilization and erosion concerns at their driveway. Discussed native plants for their wetland areas and their shoreline. John Peal is reworking the Torch River Marina this winter. He has secured the MDEQ, soil erosion and zoning permits for this job. Remer/Bellrose: Met Remer on site to discuss severe erosion issues on Mr. Bellrose’s site. Talked to Mr. Bellrose and Jim Puroll, Ultimate Design, about work that needs to be done. (Mr. B had hired JP) Carl Steuer did some preliminary work: added silt fence, removed sediment to get the site in better shape. Received call from concerned neighbor about construction work occurring north of their property. Met with the active site owner and advised them what they needed to do to get into compliance. (they are doing all their own work, so it is not as timely as it should be.)

Star Township Jordan River Fish Hatchery: met with the director and discussed erosion issues with current site development.

Torch Lake Township Dave Hansen: open soil erosion permit site review. Mr. Hansen has a DEQ permit for wetland and high-risk erosion issues. I wanted to talk to Mr. Hansen about storm water runoff and permanent stabilization. Kinnery: soil erosion preapplication meeting

Warner Township EJ: have monitored the development of the new facility. Their erosion control measures have been exemplary. Kudos to Elmers.

Friends of the Jordan Worked with the board of FOJ on eradication of buck thorn at their facility.

Page 11: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Attachement 2:

Soil Erosion Report

Jan Jan Revenue Feb Feb Revenue Mar Mar Revenue Apr Apr Revenue May May Revenue Jun Jun Revenue Jul Jul Revenue Aug Aug Revenue Sep Sep Revenue Oct Oct Revenue Nov Nov Revenu Dec Dec Revenue

Banks 0 -$ 0 -$ 1 50$ 1 100$ 6 900$ 2 350$ 2 150$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Central Lake 0 -$ 1 345$ 0 -$ 2 100$ 3 250$ 0 -$ 2 250$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Chestonia 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Custer 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Echo 0 -$ 0 -$ 0 -$ 0 -$ 1 100$ 1 50$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Elk Rapids 1 50$ 1 235$ 2 100$ 0 -$ 8 600$ 5 400$ 6 400$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Forest Home 0 -$ 0 -$ 1 50$ 0 -$ 6 450$ 2 200$ 1 150$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Helena 0 -$ 0 -$ 2 265$ 2 200$ 3 200$ 2 200$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Jordan 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 2 200$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Kearney 0 -$ 0 -$ 0 -$ 0 -$ 1 50$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Mancelona 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Milton 0 -$ 1 150$ 2 100$ 5 4,005$ 6 350$ 5 500$ 8 1,050$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Star 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ -$ 3 400$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Torch Lake 1 100$ 1 100$ 1 150$ 2 100$ 4 400$ 3 350$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Warner 1 4,415$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Total 3 4,565$ 4 830$ 9 715$ 12 4,505$ 38 3,300$ 20 2,050$ 24 2,600$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Year January February March April May June July August September October November December

2015 1 6 28 59 88 120 142 168 185 203 210 216

2016 5 9 20 27 60 80 109 151 183 208 229 234

2017 3 7 16 28 38 20 24

Year January February March April May June July August September October November December

2015 215.00$ 555.00$ 2,305.00$ 5,025.00$ 7,330.00$ 9,550.00$ 11,797.00$ 13,602.00$ 14,732.00$ 16,237.00$ 16,972.00$ 18,547.00$

2016 440.00$ 690.00$ 1,655.00$ 2,340.00$ 4,985.00$ 7,750.00$ 10,415.00$ 14,200.00$ 17,315.00$ 19,640.00$ 21,990.00$ 22,590.00$

2017 4,565.00$ 5,395.00$ 6,110.00$ 10,615.00$ 13,915.00$ 15,965.00$ 18,565.00$

Running Total of Revenue for Soil Erosion Permits Per Year

Running Total of Number of Soil Erosion Permits Per Year

Page 12: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Memorandum Administration Office

July 26, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Janet Koch, Deputy Administrator

RE: Facilities Assessment Update

The next step in moving forward with the facilities assessment budgeted for 2017 is to select an architect to perform the work. It was suggested at the previous meeting that the Committee have a special meeting to interview architects. We expect to contact the following architects—who all have experience in this type of work—for interviews: Tower-Pinkster, Landmark Design, Hooker DeJong, and Cornerstone Architects.

Please take a look at your schedules for the week of August 21. At the meeting we can discuss dates/times and, with any luck, come up with a special meeting date that will work for everyone.

Page 13: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

\ \}

At their June board meeting, Grass River Natural Area, lnc.'s Board of Directors approved moving ahead with a

Design/Build approach with Gosling Czubak Engineering Sciences LLC for the Boardwalk Reconstruction Project at

Grass River. We are now looking for approval from the Board of Commissioners to move ahead with the Design I Build approach as opposed to a Design/Bid/Build approach. Please see below information and attached references

for information on each approach. This will be presented in more detail at the August 151 BU Committee meeting by

Haley Breniser and Klaus Heinert. We hope to have a constructive discussion while answering your questions and

discussing any concerns.

An Analysis of Design/Build vs. Design-Bid-Build

Capital improvement projects can be

completed under numerous contractual

formats between the owner and design and

construction service providers. Two

commonly applied delivery methods in public

and private projects are design-bid-build

(DBB) and design/build (DB). This summary

examines the differences between the two

and the benefits of one over the other.

"For the past two decades, public owners

have been demanding that the design and

construction industries enhance quality,

decrease cost and compress the delivery

period for public projects. As a result, both

the owners and the industry have

experimented with various forms of project

delivery methods."i

The Construction Industry Institute (Cll)

defines two widely known and accepted

delivery methods as follows:

Design/build: Under this method, an owner

typically hires a single entity, the

design/builder, to perform both design and

construction under a single contract.

Portions or all of the design and

construction may be performed by the

entity or subcontracted to other companies.

DB is characterized by high levels of

collaboration between the design and

construction disciplines, input from multiple

trades into the design, and a single entity

bearing project risk. Typically, the general

contractor is responsible contractually for

this delivery method.

Design-bid-build: This is the most traditional

process in the U.S. construction industry,

where the owner contracts separately with a

designer and a contractor. The design firm is

hired to deliver 100 percent complete

design documents. The owner or agent then

solicits fixed price bids from contractors to

perform the work. Designers and

contractors bear no contractual obligation to

one another and the owner bears all risk

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Page 19: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

AIA Contract Documents

Contract Relationship Diagrams

October 2013

AJA Contract Documents lllE INDUSllH ST\Nl)\IW.

Page 20: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:
Page 21: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Conventional (A201) Design-Bid-Build

Key Attributes

• For use when the Owner's project is divided into separate contracts for design (Architect) and construction {Contractor).

• Suitable for conventional project delivery (design-bid-build).

• Owner retains Architect.

• Architect and his/her Consultants prepare drawings and specifications.

• Architect assists Owner in obtaining bids/proposals, and then Owner awards contract(s) for construction.

• Contractor(s) and Surety(ies) obligate to Owner for bid, performance and payment bonds.

• Contractor and Subcontractors build the work.

• Versions of AIA Documents A101™, A201™, A401™, 0101™ BlOJTM and C401™ developed specifically for use on sustainable projects are also available (e.g., designated as AIA Document AlOl™-2007 SP).

Conventional {A201} Design-Bid-Build Contract Relationships

Surety

Arch~

C401

Consultant

A310 A312

Contractor

A401

Subcontractor

•AJA Documents 8104"' and A107 ,., are in the A201 family of A/A Contmct Documents because the abbreviated General Conditions In A107 are based on AJA Document A201 .... If A/A Documents C401."' and A401,. are used with 8104 and A107, approprlatl! modifications should be made with the assistance of Jnsu~ and legal counsel.

DOCUMENTS: AlA Documents A101"', OWner/Contractor Agreement-Stipulated Sum; A102"", O/C Agreement-Cost of the Work Plus a Fee, with GMP; A103 .. , O/C Agreement-Cost of the Work Plus a Fee, No GMP; Al07"", O/C Agreement-Project of Limited Scope; A201"', General Conditions of the Contract for Construction; A310,.., Bid Bond; A3U"", Performance Bond/ Payment Berni; A401"', Contractor/Subcontractor Agreement; 8101,.., Owner/Architect Agreement; 8103"', O/A Agreement­Large or Complex Project; 8104"', 0/ A Ap"eement- Project of Limited Scope; and C401 "", An:hitect/Consultant Agreement.

ALA Contract Documents 2 HI!'.. 1-.; OUST ltY S' f,\Nll\IU).

Page 22: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Memorandum Administration Office

August 1, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Pete Garwood, Administrator

RE: Grass River Natural Area (GRNA) Boardwalk

Attached is a communication from Haley Breniser, Director of GRNA, Inc. In the first request Ms. Breniser is asking that the Committee recommend the Board of Commissioners approve GRNA, Inc. as the manager of the Grass River Boardwalk Reconstruction Project. Section I, n. of the contract between GRNA, Inc. and Antrim County provides the authority for the Board to assign such a task to the GRNA, Inc.

The following motions are presented for your consideration:

Motion by _____________________, seconded by _____________________, to recommend the Board of Commissioners approve GRNA, Inc. as manager of the Grass River Boardwalk Reconstruction Project.

Motion by _____________________, seconded by _____________________, to recommend Finance Committee identify a funding source and the Board of Commissioners approve an appropriation to GRNA, Inc. of $100,000 in 2017 for the design and construction of Phase 1 of the Boardwalk Reconstruction Project at GRNA, and authorize the Finance Director to make the appropriate transfers and budget amendments.

Page 23: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

July 26, 2017

From: Haley Breniser, Executive Director GRNA, Inc. To: Buildings, Lands and Infrastructure Committee Re: Boardwalk Reconstruction Project

Please consider the following.

MOTION I:

As the commissioners are aware, Grass River Natural Area, Inc. has been working with Gosling Czubak Engineering Sciences LLC since January of 2016 to develop concept plans for the reconstruction of 1.33 miles of wetland boardwalk. GRNA Inc. now seeks a motion from the Building Lands and Infrastructure Committee to recommend the Board of Commissioners allow GRNA, Inc. to officially manage the Grass River Boardwalk Reconstruction Project. This will allow us to move forward with Gosling Czubak Engineering Sciences LLC to begin the Engineering Phase to stay on target for a Spring 2018 build. GRNA, Inc. has the staff capacity and project management skills to manage this reconstruction project, and we feel we are in the best position to do so effectively and efficiently.

MOTION II:

The Grass River Boardwalk Reconstruction Project fundraising goal is $350,000. Antrim County Commissioners generously committed $100,000 to the project if GRNA, Inc. could raise the remaining $250,000. In the last 7 months, GRNA Inc. has done just that: $254,750 from generous individuals, foundations, and businesses. As stated above we intend to have the engineering phase including most preliminary work completed this fall. With any large construction project, it is advised to have all project funds secured in one account before the construction phase begins. In order to stay on target for a spring 2018 build, GRNA Inc. requests the $100,000 committed by Antrim County be transferred to GRNA, Inc.’s Boardwalk Reconstruction Fund in 2017.

GRNA, Inc. is very appreciative of your support. If you have any questions please contact me, I will also be available at your meeting.

Page 24: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Memorandum Administration Office

July 26, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Janet Koch, Deputy Administrator

RE: Warner Township Parcel – Proposed Transfer Station

On Friday, July 21, Pete Garwood, County Administrator received a phone call from Mark Bevelhymer of American Waste, requesting an afternoon meeting on Tuesday, July 25. On that date, Mr. Garwood and I met with Mr. Bevelhymer and two additional American Waste representatives; Vicki Garon and Ed Ascione.

American Waste is interested in the possibility of working with the County to construct a transfer station in Warner Township. If constructed, this could offer the benefits of waste and recycling drop-off to County residents, particularly the residents on the east side of the County. I have spoken to the Michigan Department of Environmental Quality regarding their proposal and the construction of a transfer station would require initiating the Siting Review Procedures listing in the Antrim County Solid Waste Plan Update. The Plan is available on the County’s website; the Siting Review Procedures begin on page III-80 and run through page III-94. The Solid Waste Management Plan states that a transfer station is to be sponsored by the County and that “Sponsorship by the County is defined to mean, at a minimum, ownership of the land on which the disposal area is located with solid waste directed to the disposal area by ordinance, contract or other similar mechanism as provided for in the Plan's Enforceable Program.”

Clearly, if the Board chooses to work with American Waste regarding construction of a transfer station, the process will be a lengthy and complicated one. An initial hurdle would be obtaining the property on which American Waste is proposing to site the transfer station, which is a parcel in Warner Township currently under tax foreclosure. The Board, if they so choose, can exercise its first rights of refusal and purchase the property, but due to the August 17 date of the auction, those rights must be exercised at the August 10, 2017 regular Board of Commissioner meeting.

Ms. Garon will be in attendance at the Committee meeting to discuss the details of the American Waste proposal at this stage, which we’ve been told would include a reimbursement cost to the County for purchase of the parcel. Any materials provided to our office by American Waste regarding this agenda item after the packet has been distributed will be emailed to the Committee members and attached to the meeting minutes.

If, after hearing the request of American Waste on Tuesday, the Committee wishes to move forward with purchasing the parcel, please consider using the following motion:

Motion by _____________________, seconded by _____________________, to recommend the Finance Committee find the funding for the acquisition of parcel 05-15-023-011-30 at a cost of $4,182.09, plus the Summer 2017 and Winter 2017 property taxes, and the Board of Commissioners approve completion of the Application to Purchase Tax Foreclosed Property for parcel 05-15-023-011-30.

Page 25: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

Memorandum Administration Office

August 1, 2017

TO: Buildings, Lands & Infrastructure Committee

FR: Pete Garwood, Administrator

RE: Antrim Conservation District Contract

At the Board of Commissioners meeting on July 13, 2017 the draft contract between the Antrim Conservation District (ACD) and Antrim County was referred back to this Committee. The Chairman of the Board cited three main issues to consider.

1. One identified issue was the fact that there is not a certain dollar amount for the annual appropriation to the ACD, which will require the ACD to prepare a budget request every year of the four year contract. This was by design, as the proposed annual appropriation of $170,000 was requested to be changed by the BLI Committee. Although either way is acceptable, including a firm figure for the annual appropriation is more the norm. Of all the other agreements the County has with outside agencies, the contract with Grass River Natural Area (GRNA), Inc. was the only other one we thought of that required the organization to submit an annual appropriation request. The agreement with GRNA, Inc. expires in 2032 which would have made it difficult to include a firm annual appropriation dollar amount. The draft version of the contract included with this packet does not include a change for compensation from the version recommended to the Board at the last BLI meeting, except to address an observation brought up by the County Treasurer. Ms. Comben pointed out that a property owner may receive an adjustment to their property taxes by either the local board of review or the state tax tribunal, which would affect the funding generated by the millage levy retroactively.

2. Reporting was identified as another issue of concern. I believe the concern was that the contract required the forester and soil erosion control officer to report to the County when they work for the ACD Board, and that it might give the appearance that the County is supervising them. However, in re-reading the draft agreement I think the intent is that the ACD only report on the activities related to the agreement.

• It requires the ACD Director to report to the Committee every other month on all activities related to the contract.

Page 26: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

• It requires ACD (it doesn’t specify the SESC officer) to provide a monthly written report and a quarterly oral report for the Soil Erosion and Sedimentation Control program.

• For the Forestry Program it requires the ACD (it doesn’t specify the forester) to report and work with the appropriate Committee and provide timely information updates on matters related to the contract. The contract does not specify a schedule for when they must report.

• It requires the ACD (it doesn’t specify a specific staff member) attend the Antrim County Solid Waste & Recycling Council meetings and provide an update on the program.

To honor the BLI Committee’s request that most of the oral reporting be done by the ACD director, and to take into consideration the comments and concerns expressed at the Board of Commissioner’s meeting we are recommending the following for discussion:

Require the ACD director or his/her designate appear quarterly or more frequently only if they have an action item. Monthly written reports can remain a requirement for the SESC program and (for consistency) be added to the forestry program.

If recycling remains a part of the contract, the requirement for the ACD to attend the Solid Waste & Recycling Council meetings should remain status quo (they meet four times per year).

3. Whether or not recycling should be included in the contract with the ACD was another identified issue. Recycling was included in the agreement because it seems to be a program that fits into the mission of the ACD, the ACD Board was in favor of including the program in March of 2017, the Solid Waste and Recycling Council was in favor of including the program in April of 2017, the BLI Committee discussed it in previous meetings and voted to include the program in June of 2017 for recommendation to the Board.

At the July 13 Board of Commissioner meeting the Director of the ACD indicated (paraphrasing) if it is included in the contract he could combine the work with other duties and funding sources and hire a full-time employee or near full-time employee. He also indicated the ACD would take a more comprehensive look at the program to determine if there could be some changes that would make the program better and more cost effective.

Another option that was discussed is to leave the program the same, essentially with no one responsible to maintain the sites. This seems like a bad idea, especially since the voters approved a millage for recycling and are likely expecting the County to be proactive regarding maintenance of the sites rather than reacting only when they are concerned or disgusted enough to call.

A third option discussed was to have the townships (in which the bins are located) be responsible to maintain and clean the sites. This could be a viable option if each of the different townships are willing to commit to the same standard of care. The

Page 27: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

current agreement with the townships is not enough to rely on for this to happen. There would have to be (instead of one agreement with the ACD) seven different agreements with the various townships (the County would remain responsible for the Bellaire site at Antrim County Transportation). Also, there is a good chance we would have to pay the townships for the increase in duties.

Since the July Board of Commissioner meeting the Solid Waste & Recycling Council reviewed Exhibit D of the draft contract with ACD which included the recycling program and approved the following motion.

Motion by Melissa Zelenak, seconded by Kathy Peterson, to recommend that the Board of Commissioners approve the proposed Exhibit D - Recycling Program Management as part of the contract between Antrim Conservation District and the County.

Motion carried – unanimous.

Please consider one of the following motions:

Motion by _____________________, seconded by _____________________, to recommend the Board of Commissioners approve the contract with the Antrim Conservation District including the recycling program and the Board Chairman be authorized to sign the contract.

Motion by _____________________, seconded by _____________________, to recommend the Board of Commissioners approve the contract with the Antrim Conservation District excluding the recycling program and the Board Chairman be authorized to sign the contract.

Page 28: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

DRAFT 7-26-2017

Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 1

AGREEMENT FOR SERVICES

This Agreement is made and entered into as of ______ day ____________________, 2017 (the

“Effective Date”) between County of Antrim (the “County”), a Michigan municipal corporation,

whose address is 203 E. Cayuga Street, P.O. Box 520, Bellaire, Michigan 49615, and the Antrim

Conservation District (“ACD”) whose address is 4820 Stover Rd., Bellaire, Michigan 49615

(collectively, the “Parties”).

Introduction

It is the wish of the Antrim County Board of Commissioners and Antrim County residents to

protect the County’s natural resources. The Antrim Conservation District (ACD) has been in

existence since 1944 and has a mission to promote “the exploration and conservation of our

natural resources.”

Contracts between the ACD and the County have included the following: Administration and

Enforcement of the Soil Erosion and Sedimentation Control Act, Forest and Wildlife

Management Assistance Program, and Household Hazardous Waste Program Coordination.

The creation of a single contract between the County and the ACD instead of multiple contracts

was the recommendation of the County’s civil counsel and the direction of the Board of

Commissioners. It is also the wish of the Board of Commissioners that the ACD manage the

operation of the County’s Recycling Program.

In August 2016, the voters of Antrim County approved a millage of “up to one-tenth of (1) 0.10

mill,” to be first levied in 2017, for the sole purpose of funding the ACD. The millage was

approved for a 4-year period.

The estimated revenue of $173,832 from the 2017 levy would be realized in 2018. The final year

of the millage levy will be 2020, with its revenue to be realized in 2021.

Purposes

The purposes of this agreement are to appoint the ACD as the County agency responsible for

administration and enforcement of the Soil Erosion and Sedimentation Control Act, Part 91 of

Public Act 451 of 1994, as amended, to provide for the management of County-owned forest

lands and other County-owned properties as directed by the County, to provide forest

management advice to other property owners in Antrim County, and to provide for the

management of the County’s Household Hazardous Waste and Recycling Programs.

The County requests the ACD to perform services for it and may request the ACD to perform

other environmental and natural resource-related services in the future; and

The Parties therefor agree as follows:

1. Term and Termination

This Agreement takes effect immediately as of the Effective Date, and remains in full force

and effect until December 31, 2021 (the “Term”), unless earlier terminated under this

Section.

If the County terminates any of the services reflected in the Exhibits attached to the

Agreement, both parties agree to negotiate the remainder of the contracted services.

Page 29: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 2

Termination Without Cause

Notwithstanding anything contained in this Agreement to the contrary, either party may

terminate this or any part of this Agreement with a one hundred and eighty (180) day notice

in writing for any or no reason.

Termination For Cause

If it is the County’s determination that ACD has failed to perform in accordance with the

terms of this Agreement or in the event ACD has performed part of the tasks or services, a

prorated amount as determined by the County may instead be owed to ACD, but that

amount may also be adjusted if the County must retain another contractor at a higher cost

to perform the services or tasks, or if the County suffers damages as a result of ACD’s

failure to perform as described in this Agreement.

If the County determines that the ACD is in default or neglect of its duties in accordance

with the Agreement, the County shall issue a written notice to correct the default or

negligence. If the ACD fails to correct the default or neglect within seven (7) business days

after receipt of the written notice, the County may, without prejudice to other remedies,

correct such deficiencies and/or order the ACD to stop all work under the Agreement until

the cause for such order has been eliminated.

In the event of termination for cause, the County will provide a forty-five (45) day written

notice to the ACD. In such case, the ACD shall return all unused funds received pursuant to

the Agreement to the County, and pay for all costs and expenses incurred by the County as

a result of the default, neglect, or failure of ACD.

2. Millage levy

To provide for consistent planning and management of the ACD, the Antrim County Board

of Commissioners shall levy 0.1000 mills for the years 2018-2021. The County shall not be

under any obligation to renew the existing millage for funding of the ACD, and/or to seek a

new millage for such purpose. All pertinent millage adjustments, such as decreases to

valuations by tax tribunal or board of review adjustments, shall be either paid back by the

ACD or reflected in the following year’s appropriation.

3. Duties and Obligations of the ACD

a. The ACD shall provide all the services required by this Agreement, which includes

Exhibits A, B, C, and D. Services provided shall include all labor and staffing, all

fringe benefits, (e.g. health insurance, retirement, etc.) as applicable, and other

employer obligations, (e.g., workman compensation, unemployment, FICA, etc.),

postage, materials, supplies, equipment, to provide a means for transportation of staff

while in performance of his/her duties, carry proper insurance for liability, errors and

omissions, and automobile, and other expenses necessary to fulfill the ACD’s

obligations.

b. If the ACD has obtained employees or agents (the “ACD Personnel”), the ACD shall

be solely responsible for all costs associated with the ACD Personnel.

c. To prepare and submit an annual budget to the County (in a form requested by the

County, if such a form is required);

d. To prepare an annual report (in the form required by the County, if such a form is

required);

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 3

e. To deposit fees received under this Agreement with the County Treasurer, no less

than weekly;

f. To comply with the federal single audit requirements, if applicable.

g. To immediately notify the County Administrator (or his/her designate) of any matter

which there is a possibility or threat of litigation regarding the services provided by

the ACD to the County as described in the Agreement, and in case of actual litigation.

h. To work closely with the County Administrator and the County’s civil counsel to

resolve any matter described in “g” above in which there is a possibility or threat of

litigation and in case of actual litigation.

i. To have the District Manager (or a designee) appear at the appropriate Committee to

report the activities of the ACD no less than quarterly every other month, beginning

with February; agenda action items may require more frequent appearances.

i. To comply with Michigan’s Freedom of Information Act, currently known as MCL

15.231 et seq or 1976 Public Act 442.

4. ACD Compensation

In 2017, the County budgeted appropriations to the ACD for a total amount of Two

hundred and eight, six hundred and fifty-seven thousand Dollars and no Cents

($208,657.00), according to the terms and conditions of this Agreement, and the attached

Exhibits A, B, C, and D. The County shall pay ACD 50% of the amount in January of

2017 and the balance in July 2017.

In 2018, 2019, 2020, and 2021, there will be an annual County appropriation to the ACD

for soil erosion, forestry, household hazardous waste, and recycling services, the amount to

be determined during the County’s annual budgeting process. the County shall pay the

ACD the amount of One hundred seventy thousand Dollars and no Cents

($170,000.00), according to the terms and conditions of this Agreement, and the attached

Exhibits A, B, C, and D. The County shall pay ACD 50% of the amount in January of

each year and the balance in July of each year.

In addition to the allocation above, the County shall forward all revenue generated from the

fully levied 0.1000 mill Antrim Conservation District millage to the Antrim Conservation

District, less any millage adjustments as noted in Section 2, above.

5. Independent ACD Status

The Parties intend that the ACD and any ACD personnel be engaged as an independent

contractor of the County. Nothing contained in this Agreement will be construed to create

the relationship of employer and employee, principal and agent, partnership or joint

venture, or any other fiduciary relationship.

ACD expressly understands and agrees that neither ACD, nor any employee or agent of

ACD, in the performance of ACD’s services required under this Agreement, shall be

treated or otherwise considered to be an employee(s) of the County for taxes, worker’s

compensation, unemployment compensation, insurance, fringe benefits, or any other

purpose. No payroll, employment, or other taxes of any kind shall be withheld or paid by

the County with respect to payments to ACD, unless as otherwise required by law.

Page 31: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 4

ACD understands and agrees that ACD is totally responsible for, and shall comply with all

laws regarding the timely reporting and payment of all income and other taxes and other

governmental liabilities resulting from the performance of ACD’s services.

The ACD may not make any agreements that bind the County in any manner.

6. Representations

Both Parties represent that they are fully authorized and empowered to enter into this

Agreement, and that the performance of the obligations under this Agreement will not

violate or infringe upon the rights of any third-party, or violate any agreement between the

Parties and any other person, firm or organization or any law of governmental regulation.

No person, firm, or organization, other than the parties to this Agreement, are intended to

be a beneficiary of any provision of this Agreement.

7. Indemnification

The ACD shall indemnify and hold harmless the County, its elected officials, board

members, officers, employees, agents, and representatives from any and all claims,

demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees

and costs, arising out of, or relating to, the ACD’s services under this Agreement.

8. Miscellaneous Provisions

a. This Agreement shall be governed by and construed pursuant to the laws of the State

of Michigan.

b. This Agreement and attached Exhibits A, B, C, and D constitute the entire agreement

of the Parties with respect to the subject matter of this Agreement, and supersedes all

prior negotiations, agreements, representations, and understandings of any kind,

whether written or oral, between the Parties, preceding the date of this Agreement.

c. This Agreement may be amended, modified, or supplemented only by written

agreement duly executed by an authorized representative of both Parties.

d. If any provision or provisions of this Agreement shall be held unenforceable for any

reason, then such provision shall be modified to reflect the parties’ intention. All

remaining provisions of this Agreement shall remain in full force and effect for the

duration of this Agreement.

e. This Agreement shall not be assigned by the ACD without the express consent of the

County.

f. A failure or delay in exercising any right, power or privilege in respect of this

Agreement will not be presumed to operate as a waiver, and a single or partial

exercise of any right, power or privilege will not be presumed to preclude any

subsequent or further exercise, of that right, power or privilege or the exercise of any

other right, power or privilege.

g. This Agreement may be executed in any number of counterparts, each of which will

be deemed to be an original, and all counterparts, when taken together, will constitute

one and the same Agreement. The parties agree that signatures on this Agreement

may be delivered by facsimile or electronically in lieu of an original signature and

agree to treat facsimile or electronic signatures as original signatures that bind them

to this Agreement.

Page 32: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 5

h. The ACD shall conform to requirements of any federal, state, or local laws,

ordinances, rules and regulations.

i. The Chairperson of the Board of Commissioners shall appoint a Commissioner to act

as liaison to the ACD. The Board of Commissioners shall confirm the appointment.

The liaison is expected to attend ACD Board meetings and report to the Board of

Commissioners on the activities of the ACD Board.

j. The ACD, in performing under this Agreement, shall not discriminate against any

worker, employee, or applicant for employment because of race, color, religion,

height, weight, marital status, national origin, ancestry, sex, age, (except where

requirements as to age is based upon a bona fide occupational qualification), or

handicap (that is unrelated to the individual’s ability to perform duties of a particular

job or position) under state or federal law.

k. All solicitations or advertisement for employees placed by or on behalf of the ACD,

or subcontractor, shall state that all qualified applicants will receive consideration for

employment without regard to race, color, religion, height, weight, marital status,

national origin, ancestry, sex, age, or handicap

l. Any and all expenditures of County funds must follow the County’s Purchasing and

Bid Policy and be authorized by the County Administrator (or his/her designate).

The Parties are signing this Agreement on the date stated in the introductory clause.

COUNTY OF ANTRIM

Dated: By:

Edgar Boettcher III, Chairperson

Antrim County Board of Commissioners

ANTRIM CONSERVATION DISTRICT

Dated: By:

_______________________, Chairperson

Antrim Conservation District

Page 33: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 6

Exhibit A

Soil Erosion and Sedimentation Control Services

The County having, by resolution, appointed the ACD as the County agency responsible for

administration and enforcement of the SOIL EROSION AND SEDIMENTATION CONTROL

ACT (SESCA), Part 91 of Public Act 451 of 1994, as amended, and the rules promulgated under

SESCA (jointly hereafter referred to as SESCA), and/or the Antrim County Soil Erosion and

Stormwater Runoff Control Ordinance (including the Guidelines) in the name of the County.

The County and ACD having entered into Agreements in the past, setting forth the parties

obligations, duties, and responsibilities for administration and enforcement of SESCA and/or

Antrim County Soil Erosion and Stormwater Runoff Control Ordinance and the parties desire to

continue the relationship through this Exhibit;

Therefore the County and ACD, in consideration of the mutual covenants hereinafter set forth,

agree as follows:

Duties and Obligations of the County

1. The County shall provide legal counsel as needed for:

1.1 Legal support or prosecution for, failure to comply with or, violations of SESCA or

Antrim County Soil Erosion and Stormwater Runoff Control Ordinance;

1.2 Advise the ACD on matters related to SESCA or Antrim County Soil Erosion and

Stormwater Runoff Control Ordinance;

1.3 Litigation resulting from the ACD’s administration of SESCA or Antrim County Soil

Erosion and Stormwater Runoff Control Ordinance, except for litigation arising out of

allegations concerning the breach of this Contract by the ACD;

1.4 Litigation against the Soil Erosion Control Officer directly resulting from

enforcement of SESCA or the Antrim County Soil Erosion and Stormwater Runoff

Control Ordinance, except for litigation arising out of allegations concerning the

breach of this contract by the Soil Erosion Control Officer and any claim arising in

tort including, but not limited to, negligence, brought by third parties against the Soil

Erosion Officer not resulting directly from the enforcement of SESCA or the Antrim

County Soil Erosion and Stormwater Runoff Control Ordinance.

2. To annually fund the administration and enforcement of this Agreement, SESCA or Antrim

County Soil Erosion and Stormwater Runoff Control Ordinance;

3. To work with the ACD and the Soil Erosion Officer to periodically review and update the

fee schedule;

4. To periodically meet with the ACD concerning enforcement and administration of SESCA

or Antrim County Soil Erosion and Stormwater Runoff Control Ordinance;

5. The County shall set up such fund and account as may be required for such fees deposited

with the County by the ACD.

6. To appoint the Antrim County Soil Erosion, Sedimentation and Stormwater Runoff Appeal

Board.

Page 34: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Antrim County/Antrim Conservation District Contract – DRAFT 7/26/2017 Page 7

Duties and Obligations of the ACD

The ACD shall perform all duties as specified or indicated in SESCA and/or Antrim County Soil

Erosion and Stormwater Runoff Control Ordinance as generally described as follows:

1. To carry out the enforcement and administration of SESCA and the Antrim County Soil

Erosion and Stormwater Runoff Control Ordinance;

2. To provide qualified staff, including a state certified Soil Erosion Control Officer who shall

administer SESCA and the Antrim County Soil Erosion and Stormwater Runoff Control

Ordinance, to conduct plan reviews, site inspections, and to provide needed technical

advice for applicants and permit holders;

3. To handle all applications and issue permits and all other requirements of SESCA and the

Antrim County Soil Erosion and Stormwater Runoff Control Ordinance;

4. To maintain proper records related to administration and enforcement of SESCA and the

Antrim County Soil Erosion and Stormwater Runoff Control Ordinance. Maintain

individual file or record for each application and permit issued or denied, which shall

include at a minimum, a copies of any application or amendments, including all supporting

and/or related documentation, site plan and drawing, copies of permits or denial (and

reason for denial), copies of all correspondences, date permit was applied for, date permit

was issued or denied, any technical advice made or given to applicants or permit holder,

date(s) of site inspections, any violation, (including date of violation, action taken, date and

manner which any notice of violation was given, and compliance or non-compliance with

notice) and date of completion;

5. To cooperate with Department of Environmental Quality (DEQ) and to report to the

County any periodic review, recommendations or action taken by the DEQ and to

implement any order, stipulation, or consent agreement issued by the DEQ;

6. To keep the Antrim County Board of Commissioners informed of administration of this

agreement and enforcement of SESCA and the Antrim County Soil Erosion and

Stormwater Runoff Control Ordinance by providing a monthly written report and a

quarterly oral report in a form as required by the County. The monthly written report shall

include, at a minimum, the number of permits applied and issued by location, site visits by

locations, fees collected, expenditures made by line item, violations, total of hours worked

by staff and any enforcement action taken;

7. To promptly forward copies of all permits issued to the Antrim County Construction Code

Department;

8. To remain current with standards and specifications for SESCA and the Antrim County

Soil Erosion and Stormwater Runoff Control Ordinance;

9. To notify the County Administrator of changes in the SESCA and assist the County with

amending the Antrim County Soil Erosion and Stormwater Runoff Control Ordinance

when necessary and to keep the enforcement program in compliance;

10. To timely notify the DEQ (if required), County Administrator and the Antrim County civil

counsel (under the direction of the County Administrator) of any violation or enforcement

action taken under SESCA or the Antrim County Soil Erosion and Stormwater Runoff

Control Ordinance;

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11. To inform/notify applicants when additional environmental or construction permits may be

necessary.

12. To work with the Antrim County Soil Erosion, Sedimentation and Stormwater Runoff

Appeal Board.

Page 36: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Exhibit B

Forest and Wildlife Management Assistance

Duties and Responsibilities of the County

1. The County, having the responsibility for management of all County lands, shall have

final decision on all forestry activities taking place on County lands.

2. The County shall maintain complete control over any and all revenues from forestry

sales on County-owned property.

3. The County recognizes the need to provide for the maintenance and conservation needs

of County-owned property. The County also recognizes that classifying the County-

owned properties would benefit the management of those properties.

4. The County shall provide legal assistance to ACD related to the implementation of the

County forestry management plans and matters related to this agreement. The County

shall provide to ACD legal assistance and representation for any litigation arising from

ACD’s administration of this agreement. The County retains in its sole discretion the

scope of such legal assistance, representation and the selection of any legal counsel. The

County shall not be required to provide any legal assistance or legal counsel to ACD

arising from any dispute between the parties concerning this agreement, and any claim

arising in tort including, but not limited to, negligence, brought by third parties against

the ACD not directly resulting from services provided by the ACD for Forest and

Wildlife Management Assistance.

Duties and Responsibilities of the ACD

1. Hire and supervise a qualified forester to administer forestry activities on behalf of the

County and its residents.

2. Advise the County on forestry activities occurring on County-owned forest land, park

lands and natural areas on such matters including, but not limited to, timber stand

improvements, tree plantings, harvesting, timber sales, management plans, and other

matters related to the forests on County-owned land.

3. Prepare and implement County forestry management plans.

4. Assist the County in negotiating with oil and gas companies and other parties desirous of

using the surface or subsurface of County property.

5. Administer all timber sale activities and issue firewood permits for County property.

6. Conduct all timber sales and associated forest management procedures in accordance

with the Antrim County Forestry Bid Policy adopted March 8, 2012 and any future

amendments thereto.

7. Keep the County fully informed concerning all forestry-related activities on County

lands and all other matters related to this Contract by providing a monthly written report

in a form as required by the County in a manner directed by the Board of

Commissioners. ACD agrees to report to and work with the appropriate County

Committee and to provide timely information updates on matters related to this Contract.

8. Provide assistance to non-industrial private landowners, local units of governments,

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schools, and nonprofit organizations for the management of their forested lands in

accordance with the mission of the ACD and in compliance with Part 93 of Public Act

451 of 1994, allowing them to better plan, manage, protect, and utilize their woodland

and related natural resources.

9. Be a forestry and land management resource for Antrim County residents by fielding

questions and directing residents to the appropriate resource.

10. Maintain records of such assistance rendered to private land owners for review upon

request by Antrim County.

11. Maintain record management and an accounting system approved by the County for all

revenues and expenses under this agreement which will:

Maintain all records, including but not limited to, timber sale contracts and

cutting permits.

Maintain records and account for all revenues received (i.e. timber sales,

cutting permits and surface damages) and for all expenses.

Deposit all funds under this agreement as directed by the County.

Invoice approved expenses in accordance with the County’s Purchasing

and Bid Policy.

Page 38: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Exhibit C

Household Hazardous Waste Program Management

The Household Hazardous Waste Program is a part-time function that covers the management of

the three (3) household hazardous waste (HHW) collections per year scheduled to be held in

Antrim County. Extension, expansion, or termination of the function shall be determined at the

discretion of the Antrim County Board of Commissioners.

The County and the Antrim Conservation District (ACD) agree as follows:

Duties and Responsibilities of the County

1. Provide up-to-date information regarding the HHW Program on the County’s website,

which will include the acknowledgement that the ACD is responsible for managing the

HHW Program.

2. Processing and payment of the HHW invoices.

3. Data provided to the County by the HHW contractor regarding site collections will be

supplied to ACD in a timely manner.

Duties and Responsibilities of the ACD

1. The ACD shall fulfill all duties, tasks, and other activities, with other ACD personnel (and

volunteers, if applicable) providing support as required, to fulfill the terms and conditions

of the contract. Recruitment of volunteers shall also be the ACD’s responsibility.

2. The ACD shall perform all duties and functions necessary to coordinate and implement the

2017-2021 Household Hazardous Waste (HHW) Collection Programs in Antrim County.

This shall include, but not be limited to, the following:

2.1 Liaison with the HHW collection contractor;

2.2 Collection site selection, procurement and coordination, including arrangement of

ancillary services (porta-potties, etc., as needed) in cooperation with the County

Administration Office;

2.3 Reservation management and screening of potential participants;

2.4 Liaison with the Administration Office and the Solid Waste and Recycling Council

(including attendance as required at SWRC meetings leading up to and after the

HHW Days.)

2.5 Design and distribution of relevant flyers, informational/educational brochures,

survey forms, and press releases concerning the HHW collection dates;

2.6 Management of the collection sites on the days of the HHW collections, including

coordination of the volunteers assisting in the collection activities;

2.7 Collection, processing, and reporting of the statistics of HHW collection for the

three (3) collection days;

2.8 Other relevant activities and functions as required for the successful implementation

of the HHW collection programs.

2.9 Proper accounting and transmittal of dollars received for the collection of

Household Hazardous Waste.

Page 39: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Exhibit D

Recycling Program Management

The Antrim County Recycling Program was first implemented in October 2009 as a network of

eight (8) recycling drop-off sites, which was reduced in early 2016 to seven (7) sites. The

Recycling Program was funded by the County through the general fund, however, in August

2016, the voters of Antrim County approved a four-year millage of up to 0.25 mill, to be first

levied in 2017, for the purpose of funding the County-wide recycling program.

To provide for the maintenance of the drop-off stations and additional services, the County and

the Antrim Conservation District (ACD) agree to perform the following:

Duties and Responsibilities of the County

1. Provide up-to-date information regarding the Recycling Program on the County’s website,

which will include the acknowledgement that the ACD is responsible for managing the

Recycling Program.

2. Processing and payment of the Recycling Program invoices.

3. Data provided to the County by the recycling contractor regarding tonnage and pulls will

be supplied to ACD in a timely manner.

Duties and Responsibilities of the ACD

1. Monitoring of each recycling drop-off site to check on cleanliness around the recycling

bins as well as the status of how much material capacity remains in each bin. Such

monitoring shall be performed at least once weekly October through April and twice

weekly May through September. Information regarding bins that are at (or nearing)

capacity shall be communicated in a timely manner to the recycling contractor.

2. Snow and ice removal shall be provided as necessary by the ACD to increase the safety of

site users.

3. Preparation of a hard-copy Recycling Guide; a digital copy shall be made available on the

ACD’s website.

4. Provide up-to-date information regarding the Recycling Program on the ACD’s website.

5. Preparation and delivery of media releases regarding Antrim County’s Recycling Drop-off

Program a minimum of 3 times a year to the Antrim Review, Elk Rapids New, and Traverse

City Record-Eagle.

6. Provide information assistance and education on the Recycling Program to interested

parties through a variety of communication methods.

7. Coordination with the County Administration Office as necessary.

8. Attendance at Antrim County Solid Waste & Recycling Council meetings, during which an

update of the Recycling Program will be provided.

Page 40: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

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Page 14A The Review

• Ours • Yours • Theirs Thursday, July 13, 2017

PINION "He that wrestles with us strengthens our nerves and sharpens our skills.

Our antagonist is our helper." Edmund Burke, 1729 - 1797

Your Letters What can be done about the unsightly recycling bins in the village?

To the Editor: The recycling bins in Bellaire, on many

days, are a disgusting eyesore. The bins themselves are rusted, banged up and are usually overflowing. Litter and debris are strewn all over the area and across the street and down the road.

When visitors come into Bellaire, what is one of the first things (first impression) of our village? Basically an above ground landfill with litter everywhere, appliances and other non-recyclable items just lying alongside these ugly, rusty bins.

How can villages like Mancelona and Al­den have these freshly painted, good-look­ing recycle bins? No trash, no litter .. . the bins are immaculate and I applaud those communities for taking care of their recycle areas. It's called pride of community!

County, township and village officers drive past this mess in Bellaire every day. Why hasn't anyone stepped up and made

some decisions regarding 1) the location; 2) who is in charge of keeping this area cleaned up; 3) does anyone ever monitor this area for those persons who do drop off their unwanted appliances, gas grills, air conditioners, etc.; and 4) can anyone ask American Waste for nice, new bins?

Perhaps a change in location is in order. The Kearny Township building across from the airport has a nice big lot ... or how about moving these bins farther down the parking lot (and out of sight) in its current location?

Many merchants and homeowners in our town spend a great deal of money to keep their property looking good and pleasing to the eye, but that first impression south of town is anything but. Can a village/town­ship/county do something?

Michael Belanger Bellaire

How long can society survive threats to the uniqueness of America?

To the Editor: collective, the rights of society or some This Fourth of July, _like the pr~vious 2~. '. higher righ!~ of government' promoted

Reader feels 'justified' in learning more about other communities

To the Editor: A recent letter to this newspaper strong­

ly suggested that those who do not live or work in a particular community should stay out of that community's business. I find this a little difficult to do and frankly, it's not advice I chose to follow.

I live in Alden but am often in surround­ing towns to shop, play sports, visit medical professionals, worship and contribute to nonprofits. Since I spend money, as well as time, in these communities, I feel justified

in learning about their local governments, business operations, service providers and residents' general attitudes toward people who do not reside there.

If I perceive a community/business/ service-provider as being discriminatory, or even mildly un-welcoming to anyone perceived as "different," you can bet I will be spending my time and money elsewhere.

Dorothy Clore Alden

Community does not need 'hypocritical, holier-than-thou ignorance'

To the Editor: I recently moved to this area from Detroit

and must say that I am truly disheartened by the level of xenophobia here, as reflected in many letters to the editor.

Mr. Marshall says that "Anyone is wel­come here" - I'll paraphrase the rest, "as long as they look, act and live like me."

His description of Muslim lifestyles (all negative) would lead one to believe he has experience living among them. My guess is he has never spoken to, and probably never

The next letter writer, a self-proclaimed "patriotic, Christian American," thinks Christian music "should be played aloud" then condemns the "trash" Muslim mosques play. .

Didn't Christ teach to "love one another as I have loved You?" This hypocritical, holier-than-thou ignorance is not what the community needs.

Lee Astrauckas Mancelona

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Page 41: Buildings, Lands & Infrastructure Committee - Antrim County · Dawn LaVanway Bryan Smith, Chairman Scott Kruger July 27, 2017 To: Buildings, Lands & Infrastructure Committee From:

From: Mark BevelhymerTo: Koch, Janet; Boyd, MargieSubject: Bellaire Recycling New Recycling ContainersDate: Friday, July 21, 2017 10:34:46 AM

Hello Janet & Margie,Just keeping you in the loop as the Bellaire recycling containers will be switched up with the new

recycling containers like the other sites no later than the 15th of August.This will complete the conversion at all locations.

These containers are going into production the week of August 1st and we will receive the new

containers by August 10th. Thank you and have a great weekend! Mark