The Chippewa County Board of Commissioners met in regular session on Monday, June 11, 2007 at 7:08 p.m. in the Courtroom of the Chippewa County Courthouse, Sault Ste. Marie, MI 49783

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

Also Present: Derek Myerscough, John Willis, Bud Willis, Chris McLean, Sharon Kennedy, Equalization Director, Marilyn McDonald, County Treasurer, Scott Brand, Evening News, Cathy Cairns, Debbie Sirk, Kelly Beaune, Acting Controller and Diane Cork, County Clerk

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

It was moved by Commissioner Postula, supported by Commissioner LaJoie, to approve the County Board minutes of May 7, 2007 (with corrections as follows) and Workshop minutes of May 22, 2007 as presented.

May 7, 2007

Page 1: Under Also Present: “Sir” should read Sirk

Page 4, Paragraph 8: “$10.00 should read $100.00

Page 7, 8, and 9: Listed as Absent “Ted Postula” should read Jim Moore

On a voice vote, with corrections, the motion carried unanimously.

PUBLIC COMMENTS:

John Willis, Sugar Island, questioned the proposed Resolution for defining a day of work or hours per month for MERS Retirement purposes. It was explained that this was for employees and not Commissioners.

Bud Willis, Sugar Island, thanked Chairman Kay for donations given to the Lions Club Walleye Tournament on the island.

CONTROLLER’S REPORT – Kelly Beaune, Acting Controller – Informational purpose only

OLD BUSINESS: None

STANDING COMMITTEE REPORTS:

PERSONNEL – Bernard LaJoie – No meeting

EQUALIZATION – Jim Moore – 5-31-07

Equalization Director Kennedy presented the Final Taxable Value Report which must be filed with the State Tax Commission by the third Monday in June. The report was reviewed in some detail.

It was moved by Commissioner Moore, supported by Commissioner Shackleton, that the 2007 Taxable Values be adopted as reported and that all state required forms regarding the same be completed and filed as per statute. On a voice vote, the motion carried unanimously.

Equalization Director Kennedy presented the final 2007 County Equalization Report. She explained that the equalized values presented in the report are the basis for calculating the County’s 2007 taxable values which are also contained in the report.

It was moved by Commissioner Moore, supported by Commissioner Shackleton, that the Equalization Report be adopted as presented. On a voice vote, the motion carried unanimously.

Having completed the report, it was moved by Commissioner Moore, supported by Commissioner Timmer, to accept the report the Equalization & Apportionment Committee as presented. On a voice vote, the motion carried unanimously.

HEALTH & SOCIAL SERVICES – Ted Postula – No meeting

BUILDING & GROUNDS – Earl Kay – No meeting

TRANSPORTATION – Ted Postula – 6-6-07

No action items need. It was moved by Commissioner Postula, supported by Commissioner Timmer, to accept the report of the Transportation Committee as presented. On a voice vote, the motion carried unanimously.

LEGISLATIVE & NATURAL RESOURCES – Richard Timmer – 5-16-07

The Chippewa County Animal Control Shelter currently has established protocol for use by the employee and staff, clarifying procedures and policies. The Committee was asked to add Section 8: Money Handling to the current protocol as follows:

A) All deposits shall be brought to the Controller’s Office on a weekly basis. Transmittals should balance prior to being brought in. Deposits shall be brought into the Controller’s Office anytime the deposit exceeds $500.00.

B) The vault in the CCACS shall remain locked at all times. Volunteers shall NEVER have access to the vault or its contents.

C) Lack of proper procedures can be deemed as a reason for permanent dismissal of employment with Chippewa County.

Discussion was held on the break-ins that have occurred at the Shelter.

It was moved by Commissioner Timmer, supported by Commissioner Shackleton, to approve Section 8: Money Handling to be added to the current Animal Shelter Protocol. On a voice vote, the motion carried unanimously.

COMPUTER – Don Cooper –No meeting

FINANCE, CLAIMS & ACCOUNTS - Richard Timmer – 6-7-07

Sheriff Jeff Moran provided the Committee with a snap shot of the potential expense and revenue of a forty-eight bed, eight two-man cells, and dayroom and control center expansion project. Discussion included INS and US Marshall inmates, and establishing a workshop with their respective representatives. Commissioner Cooper discussed establishing an enterprise fund, if this is the direction the Board decides to go; with full disclosure of costs and expenses and revenue prior to the decision.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to schedule a workshop with the representatives of the INS, US Marshall, the designers (architects) with the financials. On a voice vote, the motion carried unanimously.

The Committee received a letter from MTA requesting the County’s return to the Association as dues were not paid in FY2006.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to pay the $336.00 dues to MTA. On a voice vote, the motion carried with Commissioners Shackleton and Cooper voting no.

The State of Michigan created an exclusive benefits program for its employees called Benefits for Life programs; the Committee was notified of employee interest in the program, which will cost the County nothing by offering Benefits for Life programs.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to approve participation in the Benefits for Life program for the employees of Chippewa County at no cost to the County. On a voice vote, the motion carried with Commissioner Moore voting no.

The Committee reviewed the bid summary for the Cost Allocation Plan.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the bid from Maximus, Inc. to complete the County’s Cost Allocation Plan for FY06, 07, and 08, at a cost of $4,450.00 per year. On a voice vote, the motion carried with Commission Cooper voting no.

The Committee received the bid summary for Audit Services for a three year contract. Three responses were received with only one meeting bid requirements, two groups declined the offer.

It was moved by Commissioner Moore, supported by Commissioner LaJoie, to approve the bid from Anderson, Tackman & Company for a three-year contract covering FY06, 07 & 08, with yearly payments not to exceed $27,500. On a voice vote, the motion carried unanimously.

The Committee reviewed the bid summary for the purchase of 12 Desktop Computers, with seven responses received. Five responses met the bid requirements, the low bid from PC Mall Gov.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the low bid of $10,144.08 from PC Mall Gov to purchase 12 Desktop Computers per the bid specifications. On a voice vote, the motion carried unanimously.

The Committee reviewed a budget amendment, based on a grant received through the Victim’s Rights Coordinator as follows:

Revenue Original Budged Amendment Amended
101-000-572.000 48,360.00 150.00 48,510.00
       
Expenditures 1,860.00 150.00 2,010.00

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the budget amendments as presented. On a voice vote, the motion carried unanimously.

The monthly claims and accounts report was presented.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to recommend the approval of general fund claims totaling $192,435.91, other fund claims of $325,959.49, payroll of $367,795.08 and health department claims of $489,664.19, total claims of $1,375,854.67, vouchers 43250 through 43473 and E-1 through E-139. On a voice vote, the motion carried unanimously.

Having completed the report, it was moved by Commissioner Timmer, supported by Commissioner LaJoie, to accept the report of the Finance, Claims and Accounts Committee as presented. On a voice vote, the motion carried unanimously.

NEW BUSINESS:

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to adopt Resolution 07-09 as follows:

RESOLUTION IMPOSING 2007 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, 2007, at the rate of 100% of the amount allocated after application of the “Headlee” millage reduction fraction, or 6.1426 mills; 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, 2007, at the rate of 6.1426 mills after application of statutory reduction fractions; 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:

Yeas: Commissioners Ted Postula, Don Cooper, Scott Shackleton, Richard Timmer, Bernard LaJoie, Jim Moore and Earl Kay

Nays: None

RESOLUTION DECLARED ADOPTED

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to table Resolutions 07-10 - Define Day (Gnl), 07-11, - Define Day (Sheriff) and 07-12, Temporary Employees until more research is collected. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Shackleton, to re-appoint Charles Porter to the Veteran’s Affairs Board for a four (4) year term to expire in 2011. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to adopt and publish Ordinance number 07-01, County Jail Contraband as follows:

COUNTY JAIL CONTRABAND

The County of Chippewa ordains:

a) No person shall bring into the Chippewa County Correctional Facility, any building appurtenant to the facility, or grounds of the jail, or dispose of in any manner that allows a prisoner access, any item prohibited by law or any item which could be used to assault another person, or aid in an escape, or otherwise disrupt the order and maintenance of the Chippewa County Correctional Facility, including but not limited to any electronic devise, telephone, narcotics or drugs, cigarettes, weapons or items that can be fashioned or used as a weapon or aid in an escape.

b) Any person who violates this ordinance may be sentenced to a jail term not o exceed six (6) months and/or a fine not to exceed $500.00

c) This ordinance shall take effect immediately.

Note: (replaces Ordinance 97-4)

On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to adopt and publish Ordinance 07-02, Reimbursement for Legal Services as follows:

REIMBURSEMENT TO CHIPPEWA COUNTY FOR LEGAL SERVICES EXTENDED TO INDIGENT CRIMINAL DEFENDANTS

SECTION 1: PURPOSE. Predicated upon the financial records of Chippewa County, the Chippewa County Board of Commissioners finds that the cost to the County taxpayers incurred in the defense of persons charged with criminal offenses in Chippewa County has resulted in an uncompensated burden upon the public treasury. The purpose of this Ordinance is to require that such burden will be lessened by the levy of legal fees upon those defendants who are determined by the courts to be financially able to meet such levy, and to help repay the county taxpayers a portion of the expenses to which they have been placed by the actions of the defendant.

THEREFORE, The County of Chippewa ordains:

SECTION 2:

A) Any person by virtue of any criminal charge levied against him or her through the authority of the Prosecuting Attorney of Chippewa County, the Attorney of the City of Sault Ste. Marie, or the attorney of any township of this county, who shall have appointed for his or her defense, an attorney, when such appointment is deemed necessary by a Judge of a court of record, shall be financially liable to his county.

SECTION 3:

a) There shall be assessed against such defendant by the presiding Judge an amount of not less than $100.00 for the first hour of legal services and the amount of $50.00 for each hour or portion of an hour thereafter; and shall be enforceable through and embodied in a Judgment of Sentence.

SECTION 4:

a). The provisions of Section 3 above are applicable regardless of the guilt or innocence of the defendant and are in addition to any and all other monies or penalties assessed by the court.

Note: (Replaces Ordinance 97-1)

On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Shackleton, to adopt and publish Ordinance 07-03, Operating a Motor Vehicle While Under the Influence as follows:

OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES AND/OR CONTROLLED SUBSTANCES – LIABLE FOR COSTS OF PROSECTUTION

SECTION 1: PURPOSE. Chippewa County finds that a significant number of traffic arrests and prosecutions in the County involve drivers who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. In addition, Chippewa County finds that as a result of the arrests and prosecution for these offenses, a greater operational and/or financial burden is placed upon county services by persons who are operating motor vehicles in Chippewa County while under the influence of alcoholic beverages and/or controlled substances.

THEREFORE, The County Chippewa ordains:

SECTION 2:

a) Any person who, while under the influence of an alcoholic beverage or any controlled substance, or the combined influence of an alcoholic beverage and any controlled substance, operates a motor vehicle; shall be responsible and/or liable for the costs of the prosecution. Costs of prosecution will be determined by the Chippewa County Board of Commissioners.

b) The costs of prosecution identified by this Ordinance shall be construed to be the responsibility and liability of a defendant prosecuted and convicted by county officials pursuant to MCL 257.625. Any court sentencing a defendant for any violation of MCL 257.625 in Chippewa County may order the defendant to pay these costs of prosecution pursuant to MCL 257.625(7).

SECTION 3: ADOPTION:

A) This ordinance shall take effect immediately.

Note: (Replaces Ordinance 94-2)

On a voice vote, the motion carried unanimously.

Having no further business, it was moved by Commissioner LaJoie, supported by Commissioner Timmer, to adjourn. On a voice vote, the motion carried unanimously and the Board did adjourn at 7:47 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Earl Kay, Chairman