The Chippewa County Board of Commissioners met in regular session on Monday, February 18, 2003 in the Courtroom of the Chippewa County Courthouse at 7:00 p.m.

Present: Commissioners Ted Postula, Don Cooper, Rita Dale, Richard Timmer, Jim Moore and Chairman Earl Kay

Absent: Aaron Hopper

Also Present: Joy Anderson, Cindy and Joe Moniz, Jeff Moran, Sheriff, Scott Brand, Evening News, Don and Chris McLean, Chris and Mandy McLean, Bernard and Ruth LaJoie, Ann and Gerry Trissell, Wendy Sexton, Mary Piralli, Rosemary Blashill, Seldon Collins, Tim Dolehanty, Controller and Diane Cork, County Clerk

It was moved by Commissioner Postula, supported by Commissioner Cooper, to acknowledge correspondence received in the Clerk' Office and forward to the appropriate committee if necessary. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to approve the County Board minutes of January 13, 2003 as presented by the Clerk. On a voice vote, the motion carried unanimously.

PUBLIC COMMENTS:

Seldon Collins, District Conservationist with the Natural Resources Conservation Service, addressed the Board thanking them for 21 years of support and interest in the programs that she has had in the Eastern Upper Peninsula. Ms. Collins will be retiring February 28, 2003 after 32 years of service.

Chris McLean read a prepared statement to the Board.

"Don and I keep coming to this board for help, because we believe that changes to be made in mental health services need to start at the local level. We continue to pursue federal and state legislation to help make changes, but in reality, real change comes with action and accountability at the local level. We, along with 1260 other Chippewa County residents, have asked this board to work for changes at HBH.

It is time Chippewa County met with the commissioners from Schoolcraft and Mackinac counties and asked for the membership on the HBH board to go back to the Original "state" sanctioned plan. No matter what the HBH board says there is no equality in the present board membership. Having 38,000 people being represented by four individuals, while 17,000 persons get 8 representatives just spells trouble. We need to undo the mistake that was made three years ago.

At last month's regular HBH meeting in Manistique, a favorable bank bid from a Chippewa County bank was almost rejected because the bank did not receive the bid information on time. Some board members were intent on not considering that bank, even though their rate was much better than the bids from banks in Manistique or St. Ignace. Finally, it was decided to divide the money equally between three banks, one in Chippewa, one in Manistique and one in St. Ignace. It that fair? Is that equal? Chippewa County has 68% of the population under HBH territory, much of the funds HBH operates on is based on population, yet they kept 66% of that substantial bank bid out of Chippewa County.

Also at last month's meeting the HBH board allowed another $6,000 for accessories to be added on to the already added on $11,000 additional furniture for the Sault office to the questionable GWA Contract Furniture of Gulliver MI. Last night, the HBH board granted GWA Contract Furniture of Gulliver, MI the bid for furniture for the new St. Ignace office. GWA's bid was considerable less that the only other bid they received which was from National Offices Products. GWA has no local office, no local employees, but they do have local letterhead.

Like most governmental agencies HBH is concerned with the deficient Gov. Granholm inherited when she took office last month. Last night Mr. Harma again voiced HBH staff concerns about how budget cuts would affect their job security. No mention was made about HBH staff being concerned about how budget cuts would affect services to clients.

With budget cuts on the horizon, last night HBH approved the purchase of two vehicles for $35,000 and is letting out bids for an additional five cars. They approved the purchase of 36 PC's for the Sault Office. The lobby of the Sault office has been decorated with new furniture. Security cameras and surveillance systems are being investigated for purchase. A cleaning contract that was to be cut back to the original plan of 4 days per week was kept at 5 days. Are they really worried about jobs and client care?

Finally and most important to me is that it has been two years since our Karen died and no one seems to care to take action that would help others like her. Last December a young Sault, Ontario woman died. Some of the circumstances involving here care were similar to what happened to Karen. Already last month, not even two months after her death, Ontario government and health officials are working with her family to see what could be different. In our great country of equality why are we still waiting after two years?

Again, Don and I ask this board to bring equality back to Chippewa County residents. Meet with the commissioners from the other counties involved and seek "equal" 8-2-2 original state sanctioned membership to the HBH board"

According the Anne Trissell, the Chippewa County Humane Society has agreed to donate quarry tile floors in rooms 106 and 115 of the dogs of the new Chippewa County Animal Shelter. The tile will be purchased and installed by VanSloten Tile Co. The Society hopes that this gift will help the County with some of their finances.

Chairman Kay would like to have a meeting with the Humane Society and the Building, Grounds and Jail Committee to see a sample of the tile.

CONTROLLER'S REPORT: Tim Dolehanty

Sheriff Jeff Moran gave his annual report pointing out a few of the differences between the 2001 figures and 2002 monetary figures.

Controller Dolehanty explained that the Sheriff is working with a couple of Federal Agencies over the last couple of months on addressing some inmates that they would like to house in the jail locally. In researching who is responsible for what in that regard, Mr. Dolehanty stated that there is a State law MCR 801 that says the Sheriff takes these Federal inmates so long as the Federal Government guarantees that it will pay the entire freight (housing, medical costs etc.).

Sheriff Moran briefed the Board on an agreement that he has been working on with the INS. The agreement is that the Federal government will pay the County $56.69 per day per inmate. They would also include all medical at the hospital, two officers at all times, $.36 a mile for the use of a vehicle, overtime and all interpreters. It is up to the Sheriff, as keeper of the Jail, to accept the conditions but would like the support of the County Board.

Discussion was held on hiring additional help due to additional inmates and the average bed count.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to concur with the Sheriff's decision to accept Federal inmates at the dollar figure represented. On a voice vote, the motion carried unanimously.

ACTION ITEMS:

Appointments to the Board of Health and Hiawatha Behavioral Mental Health Authority.

t was moved by Commissioner Cooper, supported by Commissioner Postula, to accept the applications presented to the Board for the Health Department and Hiawatha Behavioral Mental Health Authority vacancies.

Chairman Kay explained that research needed to be done on the appointment to the Hiawatha Behavioral Mental Health Board. It was explained that when Bernard LaJoie was appointed to this Board due to the passing of Gordon Newland, it was not certain or documented if this position was a commissioners seat or as a citizens seat appointment. This appointment is important due to the fact that Chippewa County is the only county out of the three districts that can have 2 commissioners on the board.

In 2002 Commissioner LaJoie was reappointed to this board for a 3 year term and the question is was Bernard LaJoie appointed to represent the County Board or as a citizen and this becomes critical because if this board decides to appoint only one of it's members to Hiawatha Behavioral Mental Health Board, one of the other 2 counties will have the authority to go ahead and appoint the second commissioner and Chippewa County would have less representation.

On the motion, Commissioner Cooper rescinded his motion and Commissioner Postula his support.

After discussion, it was moved by Commissioner Postula, supported by Commissioner Dale, to leave Bernard LaJoie on the Hiawatha Behavioral Mental Health Board to complete the term he was appointed to. (2 years left on term as a private citizen) On a voice vote, the motion carried unanimously.

It was moved by Commissioner Postula, supported by Commissioner Dale, to accept all the applications received for the various board vacancies. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Postula, supported by Commissioner Cooper, to adopt Resolution No. 03-02 as follows:

RESOLUTION OF SPECIAL RECOGNITION

OF KCF/CKO OFFICER OF THE YEAR, JAMES MOORE

WHEREAS, James Moore, a crew leader E-9, has worked for the Michigan Department of Corrections since 1989; and

WHEREAS, James Moore has shown an exemplary work effort coordinating work projects including Camp Koehler prisoners resulting in great benefit to the public agencies he serves; and

WHEREAS, the efforts of James Moore have earned him the honor of being named KCF/CKO Officer of the Year for 2003 by Warden Linda M. Metrish.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners congratulates James Moore on KCF/CKO Officer of the Year for 2003.

2. That the Chippewa County Board of Commissioners respectfully dedicates this document to honor and thank James Moore for his many years of public service and particularly for his dedication to the Kinross Correctional Facility and Camp Koehler.

On a voice vote, the motion carried unanimously.

OLD BUSINESS:

Commissioner Cooper expressed concern about starting the dialogue again about HBH and continue to pursue this subject.

Commission Cooper moved that a workshop be scheduled.

Commissioner Timmer pointed out that eight appointments will expire the end of March and perhaps the Board would act before that time so save appointments that may go nowhere.

Commissioner Dale suggested that a letter be sent to the new CMH in Lansing to find out what is going on down there and invite Scott Dykstra, Vice Chair of CMH, to attend a work session.

Commissioner Timmer seconded the motion previously made. On a voice vote, the motion carried unanimously.

STANDING COMMITTEE REPORTS:

Personnel Committee - Rita Dale - Meeting of January 30, 2003

County Treasurer Marilyn McDonald presented and reviewed documents prepared on behalf of herself, the Clerk and the Register of Deeds, concerning their pay level and that of their chief deputies. Ms. McDonald compared the pay rates of these positions with various other County positions.

Commissioner Kay said the Committee should consider that pay increase requests out of courtesy to the elected officials.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend to the Finance, Claims and Accounts Committee an adjustment in elected officials pay level to grade 14, and that the committee address the pay level of the chief deputies upon recommendation from the elected officials. On a voice vote, the motion carried unanimously.

Controller Dolehanty asked the Committee to consider permanent placement of the part-time Equalization Technician at grade 7 on the compensation schedule. He stated it was the Board's intent to place all positions on the classification and compensation schedule, but this position was mistakenly overlooked. The projected cost of $1,202 would come from the current budget of the Equalization Department.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend placement of the part-time Equalization Technician position at grade 7 on the classification and compensation schedule, and to compensate the employee accordingly. On a voice vote, the motion carried unanimously.

At a department head meeting conducted in late 2002, Controller Dolehanty was asked to present a question to the Committee on behalf of the elected department heads regarding their eligibility for the sick and accident insurance benefit.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend that elected officials not be eligible for the sick and accident insurance benefit because their status as elected officials is sufficiently different that that of appointed officials. On a voice vote, the motion carried unanimously.

Controller Dolehanty reported on a recent request from a non-union employee to receive cash in lieu of taking vacation time off. He noted that, while this request if consistent with past practice, cashing out vacation days amounted to a compensated absence. Like accumulated sick leave, it would be necessary for the County to budget for this action if it was the Board's intention to continue this practice. Mr. Dolehanty noted that Union contracts no longer allow employees to receive cash in lieu of taking vacation time.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend changing the vacation leave policy for non-union employees to eliminate the practice of offering cash in lieu of vacation time off, as presented. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend approval of the tentative collective bargaining agreement between Chippewa Count and the POLC Corrections Deputies Unit. On a voice, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Moore, to accept the Personnel Committee report as presented. On a voice vote, the motion carried unanimously.

Personnel Committee - Rita Dale - February 6, 2003

AFSCME Council 25 invoked its right to a hearing before the Personnel Committee regarding the February 5, 2003 suspension of Legal Secretary Employee 304. The suspension was issued for the following reasons.

1. Unprofessional conduct including intimidation, humiliation, and insult of a fellow employee on January 17, 2003. I a verbally abusive manner, the incident in question included a threat of physical abuse.

2. Insubordinate behavior toward a supervisor on January 17, 2003. After the department head declared and end and end to a staff meeting on that day, Employee 304 was alleged to have, in an animated manner, defiantly state a refusal to leave until certain matters were discussed.

The committee discussed the next steps in the process. It was agreed that the information would be taken into consideration and a decision would be made within the time period prescribed in the collective bargaining agreement.

OES/E9-1-1 Director Tim McKee appeared before the committee to seek authorization to hire two part-time dispatchers. He explained the department was currently short-handed as two full time employees were off on medical leave. Mr. McKee stated he anticipated the return of both employees in March, but this was not certain.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend hiring Kimberly A. Reese and Randall J. Elliot as part time dispatchers at $8.00 per hour, with an increase to $10.00 per hour upon LEIN certification. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to accept the Personnel Committee report as given. On a voice vote, the motion carried unanimously.

Personnel Committee - Rita Dale - February 12, 2003

County Controller Tim Dolehanty offered a brief review of discussion from the February 6 meeting. He stated it would be appropriate for the Committee to begin its deliberation on the grievance.

It was moved by Commissioner Dale, supported by Commissioner Postula, to uphold the suspension issued on February 5 for reasons cited in the notice of suspension. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Postula, to accept the Personnel Committee meeting report as presented. On a voice vote, the motion carried unanimously.

Equalization and Apportionment - Jim Moore - No meeting

Health and Social Services - Ted Postula - No meeting

Building, Grounds and Jail Committee - Earl Kay - February 12, 2003

The County Controller reviewed his April 8, 2003 letter to City Manager Spencer Nebel outlining concerns related to the Joint Building Authority (JBA). It was noted in the letter that the term of JBA member Anthony Pevarnic expired on December 31, 2001 and that the term of the corporation and authority will expire on or about July 6, 2003 according to Article IV, Section 9 of the Articles of Incorporation.

Following discussion, it was the consensus of the Committee that the corporation and authority of the JBA should be allowed to expire on July 6, in compliance with the Articles of Incorporation.

It was moved by Commissioner Postula, supported by Commissioner Cooper, to recommend to the Board of Commissioners that the JBA be allowed to expire on July 6, 2003 and that a letter be written to the City advising them of the County's position.

It was moved by Commissioner Postula, supported by Commissioner Dale, to accept the report of the Buildings and Grounds Committee as presented. On a voice vote, the motion carried unanimously.

Transportation Committee - Ted Postula - No meeting

Legislative and Natural Resources - Richard Timmer - February 13, 2003

The Controller presented a letter addressed to John Campbell from Waste Management regarding the Dafter Landfill. Waste Management proposed expanding the landfill and, as part of the licensing process, asked for a letter of compliance with the solid waste management plan. According to Mr. Campbell, the Michigan Department of Environmental Quality (DEQ) requires the letter of compliance to come from the County and not the Regional Planning Commission. Mr. Campbell assured the Controller the expansion plan did comply with the solid waste management plan.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend approval of the letter of compliance as requested. On a voice vote, the motion carried unanimously.

Commissioner Dale stated the draft personnel files policy should be adopted in order to assure all personnel file are maintained in the Controller's office. It was agreed that this policy should be presented to the Board for consideration and approval.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to recommend approval of the draft personnel files policy as presented. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to accept the report of the Legislative and Natural Resources Committee as presented. On a voice vote, the motion carried unanimously.

Legislation and Natural Resources - Richard Timmer - January 29, 2003

Commissioner Timmer reported on his discussions with Forest Service personnel. The Committee discussed past associations with the Forest Service and the timetable set for the planning process. Commissioner Dale stated this was a good time to get acquainted with the process and suggested asking UPCAP to sponsor a workshop on Forest Service planning activities.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend asking UPCAP to sponsor a workshop on Forest Service planning activities. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to recommend approval of Resolution 03-01 honoring Selden Collins as follows:

RESOLUTION IN APPRECIATION AND SPECIAL RECOGNITION

OF DISTRICT CONSERVATIONIST SELDEN COLLINS

WHEREAS, Selden Collins has served as the District Conservationist of the Chippewa Conservation District since 1981; and

WHEREAS, Selden Collins served the citizens of Chippewa County as the Soil Conservation Service - a branch of the Department of Agriculture - now the Natural Resources conservation Service; and

WHEREAS, Selden Collins has earned the respect and gratitude of the citizens of Chippewa County through her many contributions to the planning and implementation of such projects as the Hakola-Ross Agricultural Drain, the county Road Erosion Control Project, several school nature trails to name just a few.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners respectfully dedicates this document to honor and thank Selden Collins for her many years of public service and particularly for her stewardship of the land in Chippewa County.

2. That the Chippewa County Board of Commissioners extend their best wishes to Selden Collins for many years of good health and enjoyment in her retirement.

On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Dale, to accept the report of the Legislative and Natural Resources Committee as presented. On a voice vote, the motion carried unanimously.

Computer Committee - Don Cooper - No meeting

Finance, Claims and Accounts - Rita Dale - February 6, 2003

Controller Dolehanty reviewed proposals received for the purchase of Sheriff patrol vehicles. He recommend acceptance of the low bid from O'Connor Chrysler- Dodge-Jeep. He reported the cost of four (4) vehicles offered by the low bidder, as request by the Sheriff, is $79,180. An additional $1,300 is needed to equip each car ($5,200 total) with necessary push bars, decals, etc., bring the total cost of this proposal to $84,380.

Sheriff Moran addressed the Board with concerns about a 3-car purchase versus a 4-car purchase. Sheriff Moran explained that his department currently has 4 cars (1994 and 1996) that have been refurbished and have well over 100,000 miles on them that need to be replaced. This purchase falls within the budgeted figure of $90,000.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend purchase of three vehicles from the low bid offered by O'Connor Chrysler- Dodge-Jeep, at a cost of $19,795.00 per unit.

It was moved by Commissioner Postula, supported by Commissioner Timmer, to amend the previous motion to read purchase four vehicles. On a voice vote, the motion carried with Commissioner Cooper voting no.

On the motion to purchase four vehicles, the motion carried with Commissioner Cooper voting no.

Controller Dolehanty presented a draft professional services agreement from Alcalde and Fay for assistance in securing federal funding for County projects. He reminded the Committee of the previous agreement that expired on December 31, 2002.

It was moved by Commissioner Dale, supported by Commissioner Timmer, to recommend approval of the professional services agreement with Alcalde and Fay at a cost of $5,000 per month for a period of three months. On a voice vote, the motion carried with Commissioner Cooper voting no.

Joy Anderson, FOC Office Manager, appeared before the Committee to discuss a correction to the Friend of the Court checking account used to pay out child support. She stated the shortage of $1,823.40 originated several years ago when a client was overpaid and refused to provide reimbursement. Ms. Anderson stated the Supreme Court auditors concluded the County should credit funds to the proper account in order to clear the deficit.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend a transfer of $1,823.40 from Fund 215 to the Friend of the Court Child Support account to cover the deficit revealed by the auditors. On a voice vote, the motion carried unanimously.

Ms. Anderson reviewed a request for the Friend of the Court to replace the co-op student with a permanent part-time employee. She stated the co-op student program was good, but a number of problems have evolved in the past year. Ms. Anderson said the total additional cost for a permanent part-time employee would not exceed $2,700.

It was moved by Commissioner Dale, supported Commissioner Timmer, to forward the request for a permanent part-time position in the Friend of the Court office to the personnel Committee for their recommendation to the Board of Commissioners. On a voice vote the motion carried unanimously.

The Committee reviewed a request from Rudyard Township for inclusion of one employee in the County health insurance pool.

It was moved by Commissioner Dale, supported by Commissioner Timmer, to recommend the addition of Rudyard Township in the County health insurance pool. On a voice vote, the motion carried unanimously.

Controller Dolehanty asked the Committee to consider a motion designating Board Chairman Earl Kay as the County official authorized to sign documents related to the state remonumentation grant.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend designation of Board Chairman Earl Kay as the County official authorized to sign documents related the state remonumentation grant. On a voice vote, the motion carried unanimously.

Salary concerns presented to the Personnel Committee from the County Treasurer, Clerk, and Register of Deeds was forwarded to the Finance, Claims and Accounts Committee for consideration. Controller Dolehanty presented a spreadsheet comparing salaries with other Michigan counties and the impact of adjusting individual budgets to accommodate the requested salary increases.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend the elected officials continue to be compensated at their current rate as established on the compensation schedule. On a voice vote, the motion carried with Commissioner Postula voting no.

Finance Director Dave Carpenter recommended that the Committee establish Fund 362 to account for 2001 City of Sault Sainte Marie water and sewer bonds. He explained this fund was necessary in order to comply with the Uniform Budgeting and Account Act.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend establishing Fund 362 to account for 2001 City of Sault Sainte Marie water and sewer bonds. On a voice vote, the motion carried unanimously.

Finance Director Carpenter recommended that the Committee establish Fund 229 to account for 2000 Superior Township Improvements Maintenance Fund, and Fund 363 to account for 2000 Superior Township Improvements Bond Reserve Fund. Ex explained these funds were required under the Rural Development program agreement for this project. The Committee discussed various components of the program and the administrative impact on the County.

It was moved by Commissioner Dale, supported by Commissioner Timmer, to recommend establishing Fund 229 to account for 2000 Superior Township Improvements Maintenance Fund, and Fund 363 to account for 2000 Superior Township Improvements Bond Reserve Fund. On a voice vote, the motion carried unanimously. It was noted that this in an in and out fund.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend the approval of general fund claims totaling $128,810.16, other fund claims of $265,656.27, payroll of $513,459.31 and health department claims of $729,774.76, vouchers 32802 through 32938 and B-1 through L-125. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Postula, to accept the Finance, Claims and Accounts Committee meeting as presented. On a voice vote, the motion carried unanimously.

NEW BUSINESS:

Chairman Kay introduced Wendy Sexton, Field Specialist with the United States Department of Agriculture, out of Gladstone.

Ms. Sexton explained some of the programs that are available to rural communities and the guidelines involved.

Ms. Sexton said she was trying to get into a routine to meet this fiscal year and future years with all of her governmental bodies at least once a year to remind them of who they are, what they do and what they have to offer.

Ms. Sexton encourage the County Board to contact her if they have any future projects that she could possibly help them with.

It was moved by Commissioner Postula, supported by Commissioner Timmer, to enter into a closed session to discuss strategies connected with the negotiation of a collective bargaining agreement with Chippewa County and the POLC Corrections Deputy Unit pursuant to Sections 8(c) and 8(e) of the Open Meetings Act, Act 267, P.A. 1976, as amended, being MCL 15.268. A roll call vote was taken as follows: Postula- Yes, Cooper-Yes, Dale-Yes, Timmer-Yes, Moore-Yes and Kay-Yes. Motion carried. Thereupon the Board did go into Closed Session at 9:25 p.m.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to resume the regular meeting of the Chippewa County Board of Commissioners. A roll call was taken as follows: Postula-Yes, Cooper-Yes, Dale-Yes, Timmer-Yes, Moore-Yes and Kay-Yes.

It was moved by Commissioner Moore, supported by Commissioner Dale, to approve the collective bargaining agreement as written between Chippewa County and the POLC Corrections Deputies Unit as presented. On a voice vote, the motion carried unanimously.

Having no further business, it was moved by Commissioner Moore, supported by Commissioner Timmer, to adjourn. On a voice vote, the motion carried unanimously and the Board did adjourn at 9:39 p.m.

Respectfully submitted,

Diane S. Cork, County Clerk

Earl Kay, Chairman