The Chippewa County Board of Commissioners met in regular session on December 13, 2004 in the Courtroom of the Chippewa County Courthouse immediately following (7:02 p.m.) the Public Hearing re: ORV Ordinance

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

Absent: Commissioner Richard Timmer

Also Present: Don and Chris McLean, Robert Savoie, Sheriff’s Department, Sue Short, Probate Court, Irene Lawless, Jim German, Scott Brand, Evening News, Holly Zaborowski, Don Holt, Road Commission, Leslie Askwith, Debbie Green, Michaelene Sullivan, Bernard LaJoie, Mandy Wehr, Wayne Romano, Lanie Hillman, Ann Trissell, Phil Patton, Kelly Beaune, Assistant to the Controller, Kirk Henderson, Anne Goetz, Delores Griggs, William James, Susan Larson, Dan Wehr, Crystal Petersen, Ed and Gwen Carlson, Laura Gorentz, Marty Kirk, Karina Kirk, Keegan Kirk, Lylene Hillman and Diane Cork, County Clerk

It was moved by Commissioner Cooper, supported by Commissioner Postula, to accept 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 Moore, to approve the County Board minutes of November 8, 2004 as prepared by the County Clerk. On a voice vote, the motion carried.

It was moved by Commissioner Postula, supported by Commissioner Dale, to approve the Budget Workshop minutes of November 9, November 16 and November 23, 2004 as presented. On a voice vote, the motion carried.

PUBLIC COMMENTS:

A number of individuals spoke of possible cuts at the Animal Shelter due to budget constraints. Some concerns voiced were that of animal cruelty, disease, increased animal population, the loss of an animal control officer, volunteering and the responsibility of law enforcement.

Anne Goetz and Delores Griggs, Tri-Cops members, stated to the Board that the Cannelton sight will be re-opening next year and voiced their concern with possible contamination landing at the Dafter Landfill from this sight.

Chris McLean read the following statement:

My husband and I have attended these commission meetings for the past 47 months. Month after month, we have pointed out the manner in which Hiawatha Behavioral Health’s management squander taxpayer funds intended for client care and treatment at the expanse of mentally ill clients and their families. Other CMH agencies in Michigan are strapped for funds, yet HBH has funds available for lavish buildings with all the frills that even private industry can’t afford these days.

One HBH employee told this board it was because of good management practices that HBH was able to fund all these extras; but over the years of being involved and interested in the mental health system in Michigan, we still believe it is thru manipulative client screening and an apathetic society that HBH can continue to operate as they choose and spend precious taxpayer monies on themselves.

Last month, the HBH Board chose to award the already adequately compensated HBH employees with another yearly bonus of $350 each. That amounts to over $50,000 for this year. Only three Chippewa County HBH board members had the courage to vote no; members, LaJoie, Kay and Beadle.

What’s wrong with the rest of the HBH Board?

I believe it is the same thing that was wrong with this commission over five years ago when they decided to give up the rights of Chippewa County residents and relinquish four Chippewa County seats on the HBH board. Many of you were on that county commission board; only a couple commissioners voted against that travesty.

I believe it is the same thing that was wrong with the commissioner/HBH board member who stood outside this courthouse over 6 years ago and told Don and I that “it appeared HBH had written Karen off”. He could walk away without a thought to the living hell Karen was going thru or the heartache we endured daily.

It all boils down to “Apathy”, “Void of feeling”, “Indifference”.

Mr. Kay’s vote on the HBH board represents about 9600 Chippewa County residents. Mr. Gady’s vote on the HBH board represents less than 3000 Mackinac County residents and Mr. Rodman’s vote on the HBH bard represents about 2200 Schoolcraft County residents; this allows Mackinac County residents the privilege of having 69% more of the power than Chippewa County residents, while Schoolcraft County residents enjoy 77% more power than Chippewa County residents.

The harmfulness of this unequal distribution of democratic rights is evident throughout HBH upper management decisions. All board committees are chaired by members from Schoolcraft or Mackinac Counties. All HBH top paying, executive jobs are located in Schoolcraft County; resulting in management and staff running up huge transportation and lodging expenses since most lover level HBH employees and 66% of the HBH service area residents are in Chippewa County.

As the New Year approaches, it is time for this Commission to revaluate just who they have been elected to serve. It is time to reevaluate County priorities. It is time this commission works to undo past mistakes.

Don and I plan to continue our efforts to improve mental health services.

Don McLean read the following statement:

At last month’s HBH Board meeting it was business as usual which continues to reflect the mismanagement at the top level.

Part of the meeting’s discussion focused on the purchase of four new automobiles. Two of these were small cars intended for use by the mainline staff and could include the transportation of clients.

Another vehicle was a van intended for transporting clients. The fourth vehicle was a larger car for use by and HBH manager. Of the cost listed for the various vehicles the larger manager’s car was going to cost more than even the van.

When a board member questioned the need for the more expensive car for the HBH manager, a variety of reasons were offered.

One of the reasons was that the manager might not be as comfortable in the smaller car since it was designed for a person who was 5’7” tall. Another reason for a larger car was the manager had to sometimes transport materials between sites.

The most revealing reason offered was that the big car was safer than the small car.

I believe this reflects the misguided attitude of the top management at HBH. They are more concerned about the safety and comfort of the employees, in particular their managers, than they are of clients.

This “Me First” attitude is visible in their pay packages, bonuses, office building, equipment, and parties which they continue to finance out of funds intended for client care.

A few months ago I heard the CFO of HBH explain that the employee bonuses were justified because HBH staff worked so hard keeping the clients out of expensive inpatient facilities.

That comment bothered me because my daughter died because HBH refused to place her in the long, term, inpatient, dual diagnosis program their own psychiatrists recommended. I wonder how much of their bonus was paid for by the money they saved on Karen?

I should point out that through the efforts of Chippewa County representatives Kay, LaJoie and Beadle the vehicle purchase plan was amended and the HBH manager had to settle for the same smaller car.

I would also, at this time, like to offer a few words of recognition for Rita Dale who will be leaving this commission at the end of the month.

My wife and I have taken on the cause of improving the conditions of the mentally ill. With the departure of Rita Dale, the people of Chippewa County are losing a person of sound judgment with tremendous understanding and experience.

With the departure of Rita Dale, the mentally ill and their families are losing a voice and a champion of their cause. We will miss her.

CONTROLLER’S REPORT – Kelly Beaune

Nominations to various boards, committees and agencies:

It was moved by Commissioner Cooper, supported by Commissioner Hopper, to nominate Michael Krzycki for membership on the Pathways Substance Abuse Oversight Council for a two year term ending September 30, 2006. This will lie on the table until the first County Board meeting in January 2005. On a voice vote, the motion carried.

Appointment to various board, committees and agencies:

Building Authority – 3 appointments – Term ending 12-31-05

Applications received: Frank V. Fazi, James German, Michael Krzycki, Marilyn McDonald

On round one, (roll call vote) Commissioners Cooper, Kay, Dale, Hopper, Postula and Moore voted for Frank Fazi.

On round two, (roll call vote) Commissioners Cooper, Kay, Dale, Hopper, Postula and Moore voted for Marilyn McDonald.

On round three, (roll call vote) Commissioners Cooper, Dale, Postula and Moore voted for Michael Krzycki.

Commissioners Kay and Hopper voted for James German.

Those appointed to the Building Authority are: Frank V. Fazi, Marilyn McDonald and Michael Krzycki

Building Code of Appeals - 3 appointments – Term ending 12-31-06

Applications received: Harold Lawson and Samuel H. White

It was moved by Commissioner Cooper, supported by Moore, to appoint Harold Lawson and Samuel White to the Building Code of Appeals. On a voice vote, the motion carried.

Concealed Weapons Licensing Board – One appointment – Term ending 1-1-06

Applications received: Larry Kyle and Damon Lieurance

On a roll call vote: Commissioners Cooper, Kay, Dale, Postula and Moore voted for Damon Lieurance. Commissioner Hopper voted for Larry Kyle.

Damon Lieurance was appointed to the Concealed Weapons Licensing Board.

E 9-1-1 Central Dispatch Board of Directors – one appointment – Term ending 12-31-06

Application received: James German and Larry Kyle

On a roll call vote: Commissioners Kay, Dale, Postula and Moore voted for James German. Commissioners Cooper and Hopper voted for Larry Kyle.

James German was appointed to the E9-1-1 Dispatch Board of Directors as a member of the public.

Regional Planning & Development Commission (Private Sector) – two appointments Term ending 12-31-06

Applications received: Richard Conboy, William Ferguson, James German, George Goetz and Michael Krzycki

Round one (roll call): Commissioners Cooper, Kay, Dale, Hopper, Postula and Moore voted for William Ferguson

Round Two (roll call): Commissioners Cooper, Kay, Dale, Hopper and Moore voted for Richard Conboy. Commissioner Postula voted for Mike Krycki

William Ferguson and Richard Conboy were appointed to the Regional Planning & Development Commission (Private Sector).

Regional Planning & Development Commission (Education Sector) – one appointment – Term ending 12-31-06

Applications received: James Feil

It was moved by Commissioner Hopper, supported by Commissioner Cooper, to appoint James Feil to the Regional Planning & Development Commission. On a voice vote, the motion carried.

Road Commission – one appointment – Term ending 12-31-10

Applications received: Clifford Carr, James Cripe, Darryl Ertel, Jr., James German, Stephen P. Gregorich, Larry Kyle, Duane Piche and Ted Postula

On a roll call vote: Commissioners Cooper Hopper and Moore voted for Clifford Carr. Commissioners Kay, Dale and Postula voted for James German. The vote was declared a tie and the Chairman stated the position will be re-advertised.

Transportation Authority – one appointment – Term ending 12-31-07

Applications received: James German and Ted Postula

On a roll call vote: Commissioners Cooper, Kay, Dale, Hopper, Postula and Moore voted for Ted Postula.

Ted Postula was appointed the Transportation Authority.

Chippewa County War Memorial Hospital, Inc. – one appointment – Term ending 12-31-08

Applications received: Edward Leask, Ted Postula, Victor Preli (received late) and Cynthia Suppa (received late)

On a roll call vote: Commissioners Cooper, Hopper and Moore voted for Edward Leask. Commissioners Kay, Dale and Postula voted for Ted Postula. The Chairman declared the vote a tie.

It was moved by Commissioner Moore, supported by Commissioner Dale, to accept the Controller’s report as presented. On a voice vote, the motion carried.

OLD BUSINESS:

Commissioner Cooper stated at the last Board meeting when the minutes were read he didn’t think they were accurate. He stated the Clerk went back and transcribed the discussion that took place between Commissioner Cooper and Chairman Kay during the New Business on the October 11, 2004 agenda. He asked that this transcription placed as an addendum to those minutes.

It was moved by Commissioner Cooper, that the transcription be added to the October 11, 2004 minutes. This motion was supported by Commissioner Moore. On a voice vote, Commissioners Cooper, Moore and Hopper voted yes. Commissioners Postula, Dale and Kay voted no. The motion failed as a tie.

STANDING COMMITTEE REPORTS

Personnel Committee – Rita Dale – November 18, 2004

The Committee discussed FY04 budget shortfalls to the County as a whole. Two recommendations were discussed for the Animal Control Department. The first being to lower the part time Shelter Attendant hours by eight hours per week, this change to take place immediately. The second to eliminate the part time Animal Control Officer effective December 14, 2005.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to eliminate the part time Animal Control Officer position. On a voice vote, the motion carried with Commissioners Moore and Cooper voting no.

Further discussions of the FY04-05 were discussed by the Committee, particularly benefits and fringes to the employees of Chippewa County. Specifically sick time payout, currently after three years of service accumulated sick time is paid out at 100%, and upon retirement or leaving employment with the County, except for five union members, whom did not sign up for short term/long term benefits and maintain the old system of accumulating sick time. It was agreed by the Committee, that cuts need to be made to save money.

It was moved by Commissioner Dale, supported by Commissioner Postula, to eliminate sick time payout to non-union members upon their retirement or leaving employment with Chippewa County effective December 31, 2004. Discussion followed. On a voice vote, the motion carried with Commissioner Cooper voting no.

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

Equalization and Apportionment – James Moore – no meeting

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 – no meeting

In the absence of Richard Timmer, Chairman Kay stated they needed to address what was addressed at the Public Hearing this evening to effect the change to the ORV Ordinance. The ordinance needs to reflect the Natural Resources and Environmental Protection Act, Act 451 of 194 part 811, Off-Road Recreation Vehicles instead of Public Act 319, of 1975, Section 31.

It was moved by Commissioner Moore, supported by Commissioner Dale, to adopt the above change to the ORV Ordinance. On a roll call vote, the motion carried.

Computer Committee – Don Cooper – no meeting

Finance, Claims and Accounts – Rita Dale – December 8, 2004

Marilyn McDonald reviewed the minutes from the Building Authority of November 24, 2004 with the committee.

It was moved by Commissioner Dale, supported by Commissioner Hopper to acknowledge the receipt of the November 24, 2004 minutes. On a voice vote, the motion carried.

Director Tim McKee submitted a request to purchase EAS Software/Hardware in the amount of $3,217.85 to be purchased by Grants currently in place for Chippewa County Central Dispatch.

It was moved by Commissioner Dale, supported by Commissioner Postula, to approve the purchase for EAS Software/Hardware in the amount of $3,217.85. On a voice vote, the motion carried.

Invoice for FY2005 Multi-Purpose Collaborative Body dues of $100 was presented for approval to the Committee.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to approve the payment of $100 to the Chippewa County Multi-Purpose Collaborative Body for FY2005. On a voice vote, the motion carried.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to approve Resolution 04-20 as follows:

RESOLUTION TO AUTHORIZE SUBMISSION OF A COMMUNITY

DEVELOPMENT BLOCK GRANT COMMUNITY HOME IMPROVEMENT

PROGRAM APPLICATION

WHEREAS, Chippewa County is an eligible applicant under the State of Michigan Small Cities Program; and

WHEREAS, the Chippewa County Small Cities Committee has reviewed the State Guidelines for the Small Cities Program and has recommended that the Chippewa County Controller develop a housing rehabilitation application; and

WHEREAS, THE County Controller , in cooperation with the Chippewa-Luce-Mackinac Community Action Human Resource Authority, Inc., has developed an Application in conformance with State guidelines.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Chippewa County Board of Commissioners authorizes the County Controller to forward said Housing Rehabilitation Application requesting $300,000 in Small Cities funds for a total project cost of $430,000 to the Michigan State Housing Development Authority by January 1, 2005.

2. That the Chairman of the Chippewa County Board of Commissioners is hereby authorized to sign the necessary documents associated with said application.

On a roll call vote, Commissioners Postula, Cooper, Dale, Hopper, Moore and Kay voted yes. The motion carried 6-0.

Documentation Regarding the separate contracts held by Elizabeth Church and the Sault Tribe of Chippewa Indians was presented to the Committee. Discussion included whether the contract with Elizabeth Church was currently valid, following a motion from the March 8, 2004 regular Board meeting.

It was moved by Commissioner Dale, supported by Commissioner Moore, to find out if there is a letter dated March 22, 2004 from Controller Dolehanty to Elizabeth Church, and to honor the date of cancellation if valid if no letter is available to seek legal counsel with the Prosecuting Attorney and seek the fastest way to terminate the contract. On a voice vote, the motion carried.

Brian Bartlett and Under Sheriff Savoie, presented the Committee a proposal to replace the Count’s Livescan unit, through ID Networks the total cost would be $17,931.00, the cost would be reduced by two grants, one through the LLEBG/Byrne Grant in the amount of $12,500.00 and another through Risk Management of $4,000.00. The completed project would cost $4,431.00 to be through the Jail Bond account.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend approval of the project as presented, with $4,431.00 to be paid through the Jail Bond account. On a voice vote, the motion carried.

A budget amendment was presented to the Committee for approval from the Sheriff’s Department. Increasing the services revenue by $10,000.00 and increasing services expenditure by $5,500.00.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to approve the amendment as presented. On a voice vote, the motion carried.

A request to establish a fund to collect registration fees for the Sex Offenders Registration Act was presented to the Committee.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to approve the fund to be established as presented. On a voice vote, the motion carried.

The monthly claims and accounts report was presented.

It was moved by Commissioner Dale, supported by Commissioner Postula, to recommend the approval of general fund claims totaling $307,242.94, other fund claims of $284,283.24, payroll of $269,249.80 and health department claims of $430,034.06, total claims of $1,290,810.04, vouchers 37109 through 37356 and L-1 through L-170. On a voice vote, the motion carried.

Commissioner Timmer brought up an issue with a right of way closure, at a local State park, and requested that a letter be sent questioning that closure.

It was moved by Commissioner Dale, supported by Commissioner Hopper, to recommend a letter be sent to the State of Michigan regarding information on the closure. On a voice vote, the motion carried.

It was noted that a Special Board meeting was scheduled for Thursday, December 23, 2004 at 5:00 p.m. to close out FY2004 bills and to approve the FY2005 Budget.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to accept the report of the Finance Committee as presented. On a voice vote, the motion carried.

NEW BUSINESS:

Chairman Kay noted that Gary McDowell had submitted his resignation from the E.D.C. Board.

It was moved by Commissioner Hopper, supported by Commissioner Dale, to accept Gary McDowell’s resignation from the E.D.C. Board and present him with a memento of his many years of service. On a voice vote, the motion carried.

With the vacancy on the E.D.C. Board, Chairman Kay spoke with Richard Timmer and would nominate him to fill the position.

It was moved by Commissioner Dale, supported by Commissioner Postula, to accept the Chairman’s nomination. On a voice vote, the motion carried.

Chairman Kay announced that there will be a potluck on December 23, 2004 in the Courtroom from 11:00 a.m. until 2:00 p.m. celebrating the service of Rita Dale and Aaron Hopper.

Having no further business, it was moved by Commissioner Cooper, supported by Commissioner Postula, to adjourn. On a voice vote, the motion carried and the Board did adjourn at 8:32 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Earl Kay, Chairman