The Chippewa County Board of Commissioners met in regular session on Monday, October 11, 2004 at 7:00 p.m. in the Courtroom of the Chippewa County Courthouse.

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

Absent: Commissioner Ted Postula

Also Present: Marilyn McDonald, County Treasurer, Julie Timmer, Tina Ojala, Debbie Sirk, Robert Savoie, Under Sheriff, Don and Chris McLean, Sharon Kennedy, Equalization Director/Register of Deeds, Rosemary Blashill, Health Department, Sue Short, Probate Court, Jim Terrian, Health Department, Scott Brand, Evening News, Julie Trotter, Richard Rathke, Richard Hill, Whitefish Bay Furniture, Frank Blissett, Kelly Beaune, Administrative Assistant and Diane Cork, County Clerk

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

It was moved by Commissioner Dale, supported by Commissioner Timmer, to approve the minutes of September 13, 2004 and the Workshop Sessions of September 23 and September 29, 2004 as presented. On a voice vote, the motion carried.

PUBLIC COMMENTS:

Richard Hill, Whitefish Bay Furniture, spoke on the smoke free regulations as passed. He would wish that the Commissioner would keep the ordinance as is and not water down what has been passed. Mr. Hill stated he has nothing against smoking but he thought public health should be a priority.

A former employee of a manufacturing company spoke on the complications of second hand smoke that caused her to quit her job due to constant illness.

Respiratory Therapist Joe Trombley asked the Commission not to weaken the ordinance by making amendments.

Richard Rathke, LaFrance Motel, stated the only amendment that motel owners wished to have change was the elimination of line 16 which limited the number of smoking rooms for private motel/hotel owners. He stated in the year 2003, if using the percentages in the ordinance, he would have lost over $15,000.

A volunteer from the American Lung Association stated that there had been plenty of time to speak out on the ordinance issue with public hearings being held. She stated the ordinance was passed by due process of law and should not be changed.

Rosa Gardiner, public health nurse, spoke on her duties of teaching pregnant women about second hand smoke found in breast milk which affects babies.

Linda Hoath, Sault Convention and Business Bureau, felt if the ordinance was not amended, the smaller properties would be hurt financially. She felt that the ordinance should be amended as in other counties.

Richard McCartney, speaking for the lodging industry, asked that the owners be allowed to determine what percentage of smoking and non smoking rooms. They have invested the time and money for their own business and that this is a private property issue.

Jim Hendricks, Sault Ste. Marie, E.D.C., felt the ordinance was going to have a severe impediment on recruiting new businesses to the area. Beside the normal regulations, new business will have an additional one with the smoking ordinance.

At this time, Dr. Jim Terrian, presented a plaque to Chairman Kay and Commissioner Timmer, recognizing the Chippewa County Board of Commissioners as leaders in the State of Michigan for enacting the Clean Indoor Air Ordinance for Chippewa County and the first county in the Upper Peninsula to enact such an ordinance.

Dr. Terrian stated the challenges that we face is that we are dealing with an issue that we feel passionately about. He suggested that perhaps the Commission might want to direct questions to a committee and that there maybe some form of an approach that would maximize the protection that we have and that would give exemptions to motels of certain size and define what is a “ manufacturer”.

Rick Everleigh understands that smoking and second hand smoke is not a good thing, but people have the freedom to decide where they stay and don’t stay where they want. He does agree that when you are in a group of people the ordinance should stand, but in a private place, the choice is theirs.

Chris McLean read a statement to the County Board re: Mental Health

CONTROLLER’S REPORT – Kelly Beaune

Under action items, advertising for the Hiawathaland Library Cooperative Board and Family Independence was completed and applications have been received in a timely manner.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to nominate Merrill Lewis to the Hiawathaland Library Cooperative Board for the fiscal year 2004-2005. On a voice vote, the motion carried.

It was moved by Commissioner Dale, supported by Commissioner Moore, to nominate Donn Riley to the Family Independence Agency. On a voice vote, the motion carried.

OLD BUSINESS:

Commissioner Cooper felt that a Controller search should not be delayed and that a committee of citizens should be formed and that ads should be sent out state wide.

Chairman Kay stated that he felt that a workshop should be scheduled with the Commissioners and decide whether to hire an administrator or a controller and what the differences of the job descriptions would be and which the Commission would be most comfortable with.

Commissioner Timmer suggested that MAC be contacted to see what the advantages and disadvantages are in the hiring a controller vs an administrator.

STANDING COMMITTEE REPORTS:

Personnel – Rita Dale – No meeting

Equalization and Apportionment – Jim Moore – October 5, 2004

It was moved by Commissioner Moore, supported by Commissioner Dale, that the County Board of Commissioners at it’s October session, adopt the following millage rates and that the rates and the revenue projections be made a part of the 2005 budget:

Allocated Operating Millage 6.0373
Voted Fire/Ambulance Millage .4213
Voted Roads Millage .9779
Voted Recycle Millage .4908
Voted Jail Millage .6000
Total 8.5273

On a voice vote the motion carried.

Equalization Director Sharon Kennedy presented the 2004 Millage Report, which detailed all of the millages to be levied in 2004. She explained that according to the statute, the County Board of Commissioners must apportion all millages which will be levied in the County in the current year. She further explained that the millage report is a compilation of the tax rate request submitted to the county by the city, village of Detour, townships and schools and that the report will be used to complete the annual apportionment report required to be filed with the State. It was noted that there are four millage questions that will appear on the November ballot, and that likely the Millage Report and Apportionment Report will be amended and will need to be presented again at the November session of the Board of Commissioners.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to recommend that the Millage Report be adopted as presented and that the Clerk and Equalization Director be authorized to complete and submit the Annual Apportionment Report to the State of Michigan as required by statute. On a voice vote the motion carried.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to accept the Equalization and Apportionment report as given. On a voice vote the motion carried.

Health and Social Services – Ted Postula – No meeting

Building, Grounds and Jail – Earl Kay – No meeting

Transportation – Ted Postula – No meeting

Legislative and Natural Resources – Richard Timmer – September 27, 2004

Chairman Timmer opened the floor to those who wished to address the Clean Indoor Air Ordinance.

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to recommend that the Board of Commissioners strike the ordinance text that places limitations on the number of smoking rooms made available to the public.

On clarification, Chairman Kay stated that if this motion passed, this would put the issue to an amendment which would have to be addressed at a public hearing.

On a voice vote, the motion carried with Commissioner Hopper voting no.

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to recommend adding manufacturing facilities to the list of buildings exempt from the provisions of the ordinance.

Chairman Kay confirmed the need for a public hearing to be scheduled if the Board of Commissioners agrees to the recommended changes.

On a voice vote, the motion carried with Commissioner Hopper voting no.

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

Computer – Don Cooper – No meeting

Finance, Claims and Accounts – Rita Dale – October 7, 2004

Brian Barlett, reported to the Committee, the recent change in the JMS/LEIN Interface project with the Michigan State Police now requiring all CHR (LEIN) traffic, must go across a secure tunnel (a data path that secures LEIN specific traffic, between the County and the State).

Further discussion regarding the project included the State Police giving the County an extension to finish the project, putting the project on hold until FY2005, and what, if any, hardships it would cost the county if the project was put on hold.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to postpone the purchase of JMS/LEIN project until FY2005. On a voice vote, the motion carried.

Brian Bartlett reviewed the request and agreement for Chippewa County to offer a fee-based CORE CTC/LEIN subscription service to local law enforcement agencies within Chippewa County. The agreement was reviewed by Prosecuting Attorney Brian Peppler with change specifying who is responsible specifically for section 1.2 through j. The connection fee and the annual connection service fees were discussed.

It wads moved by Commissioner Dale, supported by Commissioner Timmer to recommend the approval of the LEIN Subscription Services Agreement at a cost of $999.50 for the connection fee and $749.50 for the subscription fee. On a voice vote, the motion carried.

Tina Ojala, Bookkeeper, reviewed the current cost of the law library and future savings with the program, if the County was to approve the computerized version of the law library. Judge Lambros has also agreed to pay for the basic plan through the Law Library fund.

It was moved by Commissioner Dale, supported by Commissioner Timmer, to recommend the approval of the new West Law Contract. On a voice vote, the motion carried.

Tim McKee, E 9-1-1 Director, reviewed the Rockview Tower lease with the Committee, the terms of the lease being $266.00 annually and a one-time initial fee of $250.00.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to recommend acceptance of the Surface Lease as presented. On a voice vote, the motion carried.

Sheriff Moran reviewed the New Leaf Substance Abuse Services, Inc. agreement with the Committee, the agreement provides substance abuse education services for inmates with the Chippewa County Correctional Facility who may have substance abuse related problems. The previous agreement was held by Marquette General Hospital who is no longer providing this service.

Commissioner Cooper wanted to know if this followed the county’s purchasing policy and procedure.

Sheriff Moran stated that going out for bids would delay services to inmates currently lodged in the facility.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to recommend approval of the New Leaf Substance Abuse Services, Inc. agreement at a term of September 20, 2004 to January 31, 2006 at a rate of $60.00 per hour, not to exceed $2,800.00 annually.

On a voice vote, the motion carried with Commissioner Cooper voting no.

Sheriff Moran, proposed the County approve the purchase of the GUARD PLUS System. The system was proposed through Risk Management, and the Sheriff will be seeking a Risk Avoidance Program Grant to cover 50% of the cost. The purpose of this is to get a more accurate accountability of when the Officer has been to each cell and the purpose of the check, currently the Officers have to manually enter the data when they get back to the computer.

It was moved by Commissioner Dale, supported by Commissioner Moore, to recommend the purchase from Guard1 Plus, from Fund 225. On a voice vote, the motion carried.

Sheriff Moran proposed the purchase of an intercom system for Sections A,B & work release of the jail. This system will allow for Officers and inmates to have direct contact.

It was moved by Commissioner Dale, supported by Commissioner Timmer, to approve the purchase from Simplex Grinnell, to be purchased from Fund 225. On a voice vote, the motion carried.

Lee Shirey from the Sault Ste. Marie Downtown Development briefly explained the Soo Locks 150th Anniversary Celebration that will last from the last weekend in June through Labor Day.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to approve the pass through request for the 150th Anniversary Celebration in the amount of $15,000. On a voice vote, the motion carried.

A 2% pass through request was received from the Michigan Association for Foster, Adoptive and Kinship Parents group in the amount of $43,240.00 for the training of adoptive and kinship parents.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to approve the pass through request for the MFAK parents. On a voice vote, the motion carried with Commissioner Timmer voting no.

A 2% pas through request was received from the Native American Community Outreach and Education group in the amount of $40,000 to allow a 30 hour per week position at the Chippewa County Animal Control Center.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to approve the pass through request at presented. On a voice vote, the motion carried.

Approval of the snowplowing bid was request for the 2004-2005 season.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to recommend approving the bid and seeking quotations. On a voice vote, the motion carried.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to award Anderson, Tackman & Company (low bidder) the Chippewa County Bid Summary Audit Services contract for a three year period at $29,000 per year. On a voice vote, the motion carried.

It was moved by Commissioner Dale, supported by Commissioner Moore, to recommend the approval of general fund claims totaling $121,873.44, other fund claims of $214,753.65, payroll of $538,729.43 and health department claims of $434,430.29 for a total of $1,309,786.81, vouchers 36788 through 36956 and J-1 through J-181, Superior Township Water Project total claims of $10,400.00. On a voice vote, the motion carried.

It was moved by Commissioner Dale, supported by Commissioner Moore, to accept the report of the Finance, Claims and Accounts Committee report as given. On a voice vote, the motion carried.

NEW BUSINESS:

Commissioner Cooper stated that a long time employee had turned in his resignation and gave a two week notice. The following day that same employee was asked to leave. Commissioner Cooper was questioning the authority of the County Board Chairman to request this employee to leave at that time.

Chairman Kay stated it was not without the consensus of the other Board members. He stated that Commissioner Cooper had already left the meeting and his comment was not available. Chairman Kay requested that this discussion be held in private, after the Board meeting as there were personal things that he wished not to bring before the public.

Commissioner Cooper felt that this was a clear violation of the Open Meetings Act.

Chairman Kay said the long time employee was very distraught at the time and many thought that the possibility of him not being a very productive member and possibly being a bit of a deterrent to the rest of the employees doing business for the next couple of weeks and after speaking with counsel it was determined that this was possibly the best move to make. Therefore, the Chairman thought he was following direction, not make a decision on his own.

Having no further business, it was moved by Commissioner Moore, supported by Commissioner Timmer, to adjourn. On a voice vote, the motion carried and the Board did adjourn at 8:17 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Earl Kay, Chairman