The Chippewa County Board of Commissioners met in regular session on Monday, June 13, 2005 at 7:00 p.m. in the Courtroom of the Chippewa County Courthouse.

Present: Commissioners Ted Postula, Don Cooper, Scott Shackleton, Bernard LaJoie, Jim Moore and Chairman Earl Kay

Absent: Commissioner Richard Timmer

Also Present: Sue Short, Probate Court, Marian Jenkins, Tina Ojala, Delores Griggs, Anne Goetz, Chad Miller, Randy Pingatore, Scott Brand, Evening News, Eugene Pingatore, Penny Pingatore, Mary Piralli, Don and Chris McLean, Marilyn McDonald, County Treasurer, Tim McKee,OES/9-1-1 Director, Sharon Kennedy, Equalization Director, Kelly Beaune, Assistant to the Controller, Stephanie Rintamaki and Diane Cork, County Clerk

It was moved by Commissioner LaJoie, supported by Commissioner Moore, 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 Cooper, supported by Commissioner Postula, to approve the County Board minutes of May 9, 2005 as presented by the Clerk. On a voice vote, the motion carried.

PUBLIC COMMENTS:

Deloris Griggs spoke on behalf of Tri-Copc. The organization is concerned with the clean-up of the old Tannery site and the 40,000 cubic yards of contaminated toxic sludge that will be deposited in the Dafter landfill that could possibly lead to leakage and ground water contamination. Ms. Griggs asked to be kept informed if any of the commissioners received news dealing with the clean-up.

Chris McLean read a statement to the County Board re: HBH

CONTROLLER’S REPORT – Kelly Beaune

Information purposes only, no action items required.

STANDING COMMITTEE REPORTS:

Personnel – Bernard LaJoie – 5-19-05

Register of Deeds, Sharon Kennedy, presented the Committee with an update of the Technology Fund, including updates on adding indexed records and film conversion to digital, since late 2004 over 7600 pages and 3500 documents have been added with approximately 217,000 pages to scan and 100,000 documents left to be indexed. Ms. Kennedy requested and extension through December 31, 2005, in order to comply with tech fund legislation, of the five additional hours per week for three staff members. This money is already budgeted for in the FY2005 Technology Fund. The approximate price for this request would be $6,650 based on the first five months of FY2005.

It was moved by Commissioner LaJoie, supported by Commissioner Moore, to approve the extension of an additional five hours per week to the three full time staff members of the Register of Deeds office until December 31, 2005, to be paid through the Technology Fund. On a voice vote, the motion carried.

The above being the only action item, it was moved by Commissioner LaJoie, supported by Commissioner Postula, to accept the Personnel Committee report of May 19, 2005 as presented. On a voice vote, the motion carried.

Equalization – Jim Moore – 6-2-05

Equalization Director Kennedy presented the 2005 County Equalization Report. She explained that the equalized values presented in the report, as approved by the Committee in April are the basis for calculating the County’s 2005 taxable values which are also contained in the report The County’s 2005 final taxable value is $850,751,607, which is a 5.99% increase over the 2004 taxable values. It is necessary that the 2005 taxable values be reported to the State Tax Commission by the fourth Monday in June, and Ms. Kennedy has prepared the report in accordance with that requirement.

It was moved by Commissioner Moore, supported by Commissioner Cooper, that the Equalization Report and 2005 Taxable Values be accepted as presented by Equalization Director Kennedy be adopted as reported and that all state required forms regarding the same be completed and filed as required by statute. On a voice vote, the motion carried.

Ms. Kennedy also indicated that the County must formally adopt the millage it expects to collect in the summer. To that end, a draft resolution was presented to the Committee.

It was moved by Commissioner Moore, supported by Commissioner LaJoie, that 1.9935 mills be collected in the summer of 2005, and that the Resolution 05-13 as presented to the Committee be presented to the County Board for their consideration. On a voice vote, the motion carried.

Having completed the report, it was moved by Commissioner Moore, supported by Commissioner LaJoie, to accept the report as presented. On a voice vote, the motion carried.

It was moved by Commissioner Moore, supported by Commissioner Postula, to accept the Work Session meeting minutes of May 26, 2005 as presented to the Commission. 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 – No meeting

Computer Committee – Don Cooper – No meeting

Finance, Claims and Accounts – Richard Timmer – 6-9-05(report given by Jim Moore)

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to recommend approval of the grievance settlements, per the County’s attorney, as discussed in closed session. On a voice vote, the motion carried.

The Committee received a presentation from Michigan Association of Counties and Citizens Management: topics discussed included an overall review of the company, when Chippewa County joined the Fund, premiums, dividends and Chippewa County’s experience modification. Citizens Management has agreed to lower the County’s experience modification to .75 from .88 retroactive back to January 1, 2005.

Randy Pingatore reiterated Madigan/Pingatore’s proposal, and explained the experience modification.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve the quote from Madigan/Pingatore with Accident Fund to provide Worker’s Compensation Insurance. Discussion followed on reductions submitted on the proposals offered by each carrier. It was noted that a savings would not be known until the end of the year depending on how many claims are filed.

On the motion to approve the quote from Madigan/Pingatore, a roll call vote was requested by Commissioner Cooper.

The motion failed by tie vote with Commissioners Cooper, Shackleton and Moore voting yes. Commissioners Kay, LaJoie and Postula voting no.

Friend of the Court Thelma Bosbous, presented the Committee with a request to establish a Fund for a grant “FY05 Access and Visitation”, the grant is at no cost to the County as the 10% requirement has been donated to the County.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to establish a Special Fund for the Access and Visitation Grant. On a voice vote the motion carried.

Ms. Bosbous also presented the Committee with two budget amendments due to the State of Michigan’s reduction to contract CS/FOC 05-17001 and CS/MED 05-17001. The reduction should be able to be handled through line item adjustments, along with reduction in hours on the medical contract starting in September.

It was moved by Commissioner Moore, supported by Commissioner Postula, to sign the contract amendments as presented. On a voice vote, the motion carried.

Director Tim McKee submitted three requests for approval to make purchases from the Homeland Security Grant. The first request was to approve the low bid from Carl Reich Electric of Pickford to purchase five generators.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve the bid from Carl Reich Electric in the amount of $56,250.00 to purchase five generators. On a voice vote, the motion carried.

Director McKee submitted a proposal to purchase three (3) Liebert UPStation GXT 2U, Uninterruptible Power Supply’s (UPS) from Hedrick Associates in the amount of $5,811.00. It was moved by Commissioner Moore, supported by Commissioner LaJoie, to approve the purchase from Hedrick Associates for three (3) Uninterruptible Power Supplies in the amount of $5,811.00. On a voice vote, the motion carried.

Director McKee submitted billings to be paid for the Community Emergency Response Team Training (CERT). The American Red Cross does the leg work for this grant. Commissioner Shackleton asked about the recruitment video use. Commissioner Cooper indicated that the project was not bid out, and that the purchasing policy was not followed.

It was moved by Commissioner Moore, supported by Commissioner Postula, to approve the payment of bills in the amount of $18,674 for the CERT grant.

Commissioner Shackleton stated that among the line items on the CERT Grant, one item was a payment to Davie Communications for a training video that was not bid out and the project was award by the individual’s son. Commissioner Shackleton offered an amendment to the motion, that the payment to Davie Communication be taken out of the CERT Grant bills and be voted on separately. Commissioner Cooper supported the motion. On a voice vote, the amendment to the motion passed with Commissioner Postula voting no. (amend motion)

On the motion to pay the CERT Grant bills minus the Davie Communication line item ($5,280) Commissioners Moore, LaJoie and Postula voted no. Commissioners Cooper, Shackleton and Kay voted yes. The motion failed (tied) with the amendment.

It was moved by Commissioner Moore, supported by Commissioner Lajoie, to reconsider the motion to pay the CERT bills, minus the Davie Communication line item. (amendment) Discussion followed.

Chairman Kay explained that Mr. Davie thought he had full speed ahead on spending the money and needed a training video that was passed by the OES/9-1-1 Board that a training video be produced with the grant money. The grant was given to the County through OES/9-1-1 and then the Red Cross people were asked to administer, but in doing so there was a budget established at OES/9-1-1 and Chairman Kay thought Mr. Davie felt that he was within his parameters of doing that.

On the motion to pay the CERT bills, minus the Davie bill, Commissioners Shackleton Cooper, LaJoie and Moore voted yes, Commissioner Postula voted no.

It was moved by Commissioner Postula, supported by Commissioner Moore, to pay the Davie Communication bill. On a roll call vote, Commissioners Shackleton, Cooper and Kay voted no. Commissioners LaJoie, Moore and Postula voted yes. The motion failed (tied) 3-3.

The Committee was presented the three legal services agreements held by the County on behalf of the Chippewa County Probate Court and 50th Judicial Circuit Court – Juvenile Division to provide legal services for indigent defendants for approval and signature. The contract dates are January 1 through December 31, 2005.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve the legal services agreements for signature in the amount of $30,000 each for Charles Palmer, Njeri Boss and Monica Lubiarz-Quigley. On a voice vote, the motion carried.

Director Sharon Kennedy, Equalization Director, requested 40 hours per week for June and July; this change would need no additional funding, as due to the change in staffing, the funds are available.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve 40 hours per week for six weeks for the Equalization staff. On a voice vote, the motion carried.

A request to hire Anderson Tackman Company to complete the Annual Local Unit Fiscal Report (Form F-65) was presented to the Committee. This report was previously completed by County staff.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to hire Anderson Tackman Company for $500.00 to complete the F-65 report. On a voice vote, the motion carried.

The Michigan Townships Association County membership dues statement was presented to the Committee for approval of the payment of $336.00.

It was moved by Commissioner Moore, supported by Commissioner Cooper, not to pay the Michigan Townships Association dues. On a voice vote, the motion carried.

The annual billing for Fair Labor Standards Handbook was presented to the Committee.

It was moved by Commissioner Moore, supported by Commissioner Postula, to cancel the County’s subscription to the Fair Labor Standards Handbook. On a voice vote, the motion carried.

The annual billing for Gongwer News Service was presented to the Committee. Lack of use of this service was discussed.

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to cancel the subscription with Gongwer News Service. On a voice vote, the motion carried.

The Committee received a request to establish a revenue line item for the Health Departments portion of the liability insurance, the number would be 101-000-676.221 per Phil Wolf of Anderson Tackman.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to establish 101-000-676.221 as a revenue reimbursement for the Health Departments portion of the liability insurance. On a voice vote, the motion carried.

A request to set up a Special Fund for the Salvage Vehicle Inspections was requested.

It was moved by Commissioner Moore, supported by Commissioner Shackleton, to set up a Special Fund for Salvage Vehicle Inspections and to roll over the current balance of $2,620.00 from the General Fund. On a voice vote, the motion carried.

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to recommend the approval of general fund claims totaling $201,983.97, other fund claims of $354,209.18, payroll of $338,509.44 and health department claims of $468,338.39, total claims of $1,363,040.98, vouchers 38279 through 38475 and E-1 through E-220. On a voice vote, the motion carried.

Claims for the Superior Township Water Project were submitted for approval.

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to recommend the approval of claims totaling $35,244 for the Superior Township Water Project. On a voice vote, the motion carried.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to hire the firm of Gillett, Halvorsen and Leonhardt CPA (Leonhardt and Eby) as interim consultants. On a voice vote, the motion carried.

It was moved by Commissioner Postula, supported by Commissioner Cooper, to proceed on getting toward hiring a Controller. On a voice vote, the motion carried.

Having no further action items, it was moved by Commissioner Moore, supported by Commissioner Postula, to accept the report of the Finance, Claims and Accounts Committee as presented. On a voice vote, the motion carried.

NEW BUSINESS:

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve the following Resolution Number 05-08 as follows:

RESOLUTION IN APPRECIATION AND SPECIAL RECOGNITION

OF GIRL SCOUT GOLD AWARD WINNER BRENDA BURBY

WHEREAS, the Gold Award is the highest rank in Girl Scouting, achieved by just 6% of all young women who enter the Girl Scouts; and

WHEREAS, Brenda Burby has earned 34 badges since joining Girl Scout Troop 373 in 1998 and has demonstrated the values, integrity and honesty promoted by the Girl Scout organization; and

WHEREAS, for her Gold Award project, Brenda Burby chose to use her computer knowledge, organizational skills, interest in her community and its people by working at the Kinross Historical Society Museum. She hand labeled and tagged museum items, identifying the item and where or how the item was obtained. She then entered that data into a computerized inventory; and

WHEREAS, Brenda Burby achieved the Gold Award on April 2, 2005; and

WHEREAS, Brenda Burby is the second Girl Scout from Chippewa County to achieve this prestigious award.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners respectfully dedicates this document to honor Brenda Burby and records its pride in her achievements with the Girl Scout program.

2. That the Chippewa County Board of Commissioners extends their best wishes to Brenda Burby for many years of continued success. On a roll call vote, Commissioners Postula, Cooper, Shackleton, LaJoie, Moore and Kay voted yes. The motion carried 6-0.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to reappoint Dale French as the Korean War representative with a term to expire on March 31, 2009.

Eastern U.P. Regional Planning and Development Commission received a letter of resignation from Jim Feil.

It was moved by Commissioner Shackelton, supported by Commissioner Moore, to appoint Peter Everson to the Eastern U.P. Regional Planning and Development Commission to fill the unexpired term of James Feil. Said term to represent the education sector with a term to expire December 31, 2006.

It was moved by Commissioner LaJoie, supported by Commissioner Postula, to approve Resolution number 05-09 as follows:

RESOLUTION IN OPPOSITION TO SENATE BILL 268

SPECIFICALLY THE CLOSING OF NEWBERRY CORRECTIONAL FACILITY

WHEREAS, the Senate Appropriation Sub-Committee for Corrections issued their budget plans proposing a closure to the Newberry Correctional Facility; and

WHEREAS, Newberry Correctional Facility is a primary employer of the area, employing more than 300 persons; and

WHEREAS, the closure would not only effect Newberry and Luce County residents, but also the surrounding area including schools and businesses; and

WHEREAS, the closure of Newberry Correctional Facility would be detrimental to the area; and

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners respectfully records its opposition to the proposal to the closure of the Newberry Correctional Facility; and

2. That a copy of this resolution be forwarded to Governor Granholm, state legislators representing the Upper Peninsula of Michigan, and the Michigan Association of Counties, for their consideration.

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

It was moved by Commissioner Cooper, supported by Commissioner Postula, to approve Resolution number 05-10 as follows:

U.P. AREA AGENCY ON AGING

FY2006 ANNUAL IMPLEMENTATION PLAN

WHEREAS, UPCAP, which serves as the U.P. area Agency on Aging, has developed and is operating under a Multi-Year (FY2004-2006) Area Plan that provides funding for programs for services to older adults in the Upper Peninsula; and

WHEREAS, the Multi-Year Area Plan has been approved by all 15 counties of the Upper Peninsula; and

WHEREAS, the U.P. Area Agency on Aging is required to submit an Annual Implementation Plan which updates the Multi-Year Area Plan; and

WHEREAS, the UPCAP Board of Directors has unanimously approved the proposed, updated Annual Implementation Plan; and

WHEREAS, each U.P. county is represented by a county official on the UPCAP Board of Directors; and

WHEREAS, the Annual Implementation Plan requires review by individual county boards.

THEREFORE, BE IT RESOLVED that the Chippewa County Board of Commissioners has received and hereby supports the U.P. Area Agency on Aging FY 2006 Annual Implementation Plan.

BE IT FURTHER RESOLVED that this resolution be submitted to UPCAP and placed on file.

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

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve Resolution number 05-11 as follows:

CHIPPEWA COUNTY HEALTH DEPT/EUP ISD/SAULT SCHOOLS

SUPPORT SCHOOL BASED HEALTH CARE CENTER

WHEREAS, the Chippewa County Health Department, the EUP ISD and the Sault Schools have collaboratively secured a planning grant to look at the feasibility of locating a full-service clinical Health Care Center within a Sault Area school building; and

WHEREAS, a student Health Center would provide a place for students to access health care right within the school building; and

WHEREAS, a nurse practitioner or physician’s assistant under the direction of a licensed physician would be available to students a minimum of 30 hours per week; and

WHEREAS, services would include primary care for common and acute illnesses, psycho-social problems and preventive services; and

WHEREAS, the goal of a school-based health care center is to achieve the best possible physical, intellectual, and emotional health of area youth by providing services which are of high quality, easy accessibility and are readily acceptable to all students.

NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners supports the application for funding and the need for a school-based health care center to be located in the Sault schools.

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

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to approve Resolution number 05-12 as follows:

PROPERTY TAXES/HEADLEE AMENDMENT

WHEREAS, property taxes are a critical revenue source for local governments; and

WHEREAS, the Headlee Amendment, ratified in 1978, limited the growth of property tax revenue by controlling how a local governments’ maximum authorized millage rate is calculated, particularly as it relates to growth on existing property; and

WHEREAS, the Headlee Amendment requires that when growth on existing property community wide is greater than inflation, the local government must “roll back” its maximum authorized millage rate so that the increase in property tax revenue caused by growth on existing property does not exceed inflation; and

WHEREAS, Proposal A, adopted in 1994, provides that the taxable value on each individual property cannot increase by more than the lesser of inflation or five percent annually until a property is sold or transferred; and

WHEREAS, the difference between state equalized value and taxable value when a property is sold or transferred and before taxable value is reset to state equalized is commonly referred to as the “uncapped value” or “pop up in value”; and

WHEREAS, although not taxed previously, the “uncapped values” were not included in legislation defining exempt property for purpose of the Headlee roll back calculation; and

WHEREAS, the result has been to penalize communities that have had substantial market growth in existing property values by rolling back their millage rates; and

WHEREAS, “roll ups” of a local government’s maximum authorized millage rate were allowed following the Headlee Amendment 9n 1978, the implementing legislation after Proposal A eliminated the Headlee “roll ups”; and

WHEREAS, the overall impact of treatment of “uncapped values” and the elimination of “roll ups” have resulted in less than inflationary increases in tax payments annually, contrary to the intent of the Headlee Amendment; and

WHEREAS, changes to the treatment of “uncapped values” when property is sold or transferred and for the allowance of Headlee “roll ups” are necessary to alleviate some of the financial stress facing local governments.

NOW, THEREFORE, BE IT RESOLVED, that the CHIPPEWA County Board of Commissioners supports amendments to the General Property Tax Act as proposed by the Michigan Municipal League that will exempt “uncapped values” created by property transfers from the Headlee roll back calculation and that will allow Headlee “roll ups.”

BE IT FURTHER RESOLVED, that copies of this resolution be mailed to Governor Jennifer Granholm, Senator Jason Allen, State Representative Gary McDowell, and Michigan Association of Counties.

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

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve Resolution number 05-13 as follows:

RESOLUTION IMPOSING 2005 SUMMER PROPERTY TAX LEVY PURSUANT TO PUBLIC ACT 357 OF 2004, AND NOTICE OF CERTIFICATION OF COUNTY ALLOCATED TAX LEVY

WHEREAS, CHIPPEWA County is authorized under the General Property Tax Act, Public Act 206 of 1893, as amended, to levy and collect County allocated property taxes; and

WHEREAS, the General Property Tax Act has been amended by Public Act 357 of 2004, being MCL 211.44a, to require all Michigan Counties to impose a summer tax levy, with the summer tax levies for 2005 and 2006 to be in the amount of 1/3 and 2/3, respectively, of the total County allocated tax, with the full amount of County allocated tax to be levied and collected as a summer tax levy in 2007;

NOW, THEREFORE, BE IT RESOLVED, that pursuant to Public Act 357 of 2004, the CHIPPEWA County allocated tax shall be levied and collected on July 1, 2005, at the rate of 1/3 of the amount allocated after application of the “Headlee” millage reduction fraction, or 1.0035 mills; and

BE IT FURTHER RESOLVED, that the Treasurer of each city, village and township in CHIPPEWA County is directed to account for and deliver the 1/3 County allocated tax collections for 2005 in accordance with the provisions of Public Act 357 of 2004; and

BE IT FURTHER RESOLVED, that this Resolution constitutes certification of the levy of the County allocated tax and authorized collection of the County allocated tax on July 1, 2005, at the rate of 1/3 of the amount allocated after application of the “Headlee” millage reduction fraction, or 1.9935 mills; and

BE IT FURTHER RESOLVED, that the County Clerk shall deliver a copy of this Resolution by first class mail to the Treasurer of each city, village and township in CHIPPEWA County.

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

Having no further business, it was moved by Commissioner Cooper, supported by Commissioner LaJoie, to adjourn. On a voice vote, the motion carried and the Board did adjourn at 8:13 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Earl Kay, Chairman