The Chippewa County Board of Commissioners met in regular session on Monday, December 10, 2007 at 7:00 p.m. in the Circuit Courtroom of the Chippewa County Courthouse.

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

Also Present: Derek Myerscough, John Willis, Jesse Knoll, Marvin Willis, Rose Menard, Joe Menard, Christine Lundquist, Don McLean, Chris, McLean, Dan Cairns, Pat Shannon, Mary Anne Shannon, Debbie Sirk, Frank Blissett, Chuck Moser, John Kibble, Jeff Moran, Sheriff, Kelly Beaune, Acting Controller, Diane Cork, County Clerk, and others.

It was moved by Commissioner LaJoie, supported by Commissioner Postula, 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 unanimously.

It was moved by Commissioner LaJoie, supported by Commissioner Timmer, to approve the County Board minutes of November 13, 2007, Budget Workshop minutes of November 20, 2007 and Work Session minutes of November 28, 2007 as presented. On a voice vote, the motion carried unanimously.

PUBLIC COMMENTS:

John Willis, Sugar Island, spoke on nominees for various boards committees and agencies.

Derek Myerscough, Sugar Island Supervisor, stated that Sugar Island needed representation on the EUP Transpo Board.

John Kibble, Sugar Island resident, commented on allegations made by Mr. Willis.

Marvin Willis, Sugar Island Trustee, encouraged the Board to appoint Jesse Knoll to the EUP Transpo Authority Board.

Don McLean talked about David Jahn’s appointment and subsequent resignation from the Hiawathaland Behavioral Board and the spending trends of HBH.

CONTROLLER’S REPORT: Kelly Beaune, Acting Controller – Informational purposes only.

OLD BUSINESS:

Appointments to various Boards/Committees/Agencies/Authority Vacancies

CHIPPEWA COUNTY BUILDING AUTHORITY

Term 1\1\08 – 12\31\08

3 Appointments

On a roll call vote, the following votes were cast for the nominees:

 
Paul L. Coutant
Paul Freedman
Marilyn McDonald
Ron Meister
Don Cooper
X
X
X
Early Kay
X
X
X
Scott Shackleton
X
X
X
Bernie LaJoie
X
X
X
Ted Postula
X
X
X
James Moore
X
X
X
Richard Timmer
X
X
X

Paul L. Coutant, Marilyn McDonald and Ron Meister were declared appointed to the Chippewa County Building Authority for a term of 1/1/08 through 12/31/08.

BOARD OF HEALTH

Term 1/1/08 – 12/31/2012

1 Appointment

On a roll call vote, the following votes were cast for the nominees:

 
Kathy Cairns
Aaron Hopper
Mary Anne P. Shannon
Don Cooper
X
Early Kay
X
Scott Shackleton
X
Bernie LaJoie
X
Ted Postula
X
James Moore
X
Richard Timmer
X

Aaron Hopper was declared appointed to the Chippewa County Board of Health for a term of 1/1/08 through 12/31/12.

BUILDING CODE OF APPEALS

Term immediately – 12/31/2008

1 Appointment

Kathy Cairns

It was moved by Commissioner Cooper, supported by Commissioner Timmer, that nominations be closed and a unanimous ballot be cast for Kathy Cairns.On a voice vote, the motion carried unanimously.

EUP TRANSPORTATION AUTHORITY

Term 1/1/08 – 12/31/2010

1 Appointment

On a roll call vote, the following votes were cast for the nominees:

 
John Kibble
Jesse Knoll
Ted Postula
Robert Schallip Jr.
Don Cooper
X
Earl Kay
X
Scott Shackleton
X
Bernie LaJoie
X
Ted Postula
X
James Moore
X
Richard Timmer
X

Ted Postula was appointed to the EUP Transportation Authority Board for a term of 1/1/08 through 12/31/2010.

WAR MEMORIAL HOSPITAL, INC.

Term 1/1/08 – 12/31/2011

1 Appointment

On a roll call vote, the following votes for cast for the nominees:

 
David E. Firack
Willard W. LaJoie
Donald C. Wilson
Don Cooper
X
Earl Kay
X
Scott Shackleton
X
Bernie LaJoie
X
Ted Postula
X
James Moore
X
Richard Timmer
X

Willard W. LaJoie was appointed to the War Memorial Hospital Board for a term of 1/1/08 through 12/31/2011.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to approve the Chippewa County Code of Ethics as presented with the deletion of the word “the” in item #1 which in part reads: “Chippewa County elected officials, employees, and appointees shall be dedicated to the effective and democratic”. With this change, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to table the vote on the County Commissioners Benefits & Compensation Policy. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to approve the Proposed Fraud Policy as presented.

Discussion was held on specific wording contained in the policy.

It was moved by Commissioner Shackleton, supported by Commissioner Moore, to amended the motion to include that the reference of the Legal Department be changed to County Prosecutor’s Office in both instances and that the third paragraph end at “be given out”.

The County Board asked Patrick Shannon, who was in attendance, his opinion of the word Legal Department. Mr. Shannon thought the words Corporate Counsel would be more appropriate.

After discussion, it was moved by Commissioner Shackleton, supported by Commissioner Postula, that the proposed Fraud Policy action be tabled until the language is cleaned up. On a voice vote, the motion carried unanimously.

STANDING COMMITTEE REPORTS:

Personnel – Bernie LaJoie – No meeting

Equalization & Apportionment – Jim Moore – No meeting

Health & Social Services – Ted Postula – No meeting

Building, Grounds & Jail – Earl Kay – 11-29-07, 11-30-07 & 12-05-07

The meetings of 11-29-07 and 11-30-07 were for informational purposes only. No action items necessary.

Meeting of December 5, 2007:

The bids for the ice protection on the Register of Deeds roof was discussed and briefly viewed. It was decided that 2 x 4 sleepers will be placed on the roof top, and then place 42” square pallets on the sleepers. The low bid for this project was $3450.00.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to take the above action for the Register of Deeds roofing ice protection. On a voice vote, the motion carried.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to accept the report of the Building and Grounds Committee meetings as presented. On a voice vote, the motion carried unanimously.

Transportation – Ted Postula – No meeting

Legislative & Natural Resources – Richard Timmer – No meeting

Computer – Don Cooper – No meeting

Finance, Claims & Accounts – Richard Timmer – 12-6-07

The Committee reviewed a request from Straits Area Narcotics Enforcement to authorize and sign the subcontract to cover one (1) Chippewa County Deputy salary, benefits, travel, supplies and materials and equipment for a period covering October 1, 2007 through September 30, 2008, using matching Chippewa County funds of $41,739.

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to authorize and approve signature for the S.A.N.E. subcontract. On a voice vote, the motion carried unanimously.

The Committee reviewed the bid summary from bids received for snowplowing services for the Bingham Street parking lot and the Animal Control Shelter for 2007-2008.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to approve the low bid from Molitor & Son Excavating in the amount of $4,700.00, and to authorize chair signature on the agreement. On a voice vote, the motion carried unanimously.

The Committee reviewed a request from Sheriff Moran to authorize his request to permit budget transfers between the Sheriff’s general fund activities (i.e. 101-301, 101-351) without prior approval from the Board of Commissioners. The Committee was given background information regarding previous transfers that have been completed, based on prior administration decisions, and this action would provide written documentation, as set by the Uniform Budget Manual.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the authorization for the Sheriff to execute transfers between Sheriff’s Departments associated general fund activities without prior approval of the Board of Commissioners, with a copy of the amendment to be provided to the Finance Committee. On a voice vote, the motion carried unanimously.

The Committee was provided with a request from the Sheriff’s Department to purchase a new 2007 snowmobile from Leitz’ Sport Center at the low bid cost of $4,800.00; which will include the trade in of a 2000 Arctic Cat, valued at $1,700.00. Discussion of using the trade-in as the County’s 15% match will be followed up on.

It was moved by Commissioner Timmer, support by Commissioner Moore, to approve the low bid purchase of $4,800.00 from Leitz’ Sports Center of a 2007 Ski-Doo GSX Sport 500cc; including the trade-in of $1,700.00 unless other wise determined to be eligible to be used as the County’s 15% matching funds. On a voice vote, the motion carried unanimously.

The Committee received official notification of a law suit filed by Alcalde & Fay, who previously provided professional services to the County, and whose contract was terminated by a letter dated January 12, 2004. Alcalde & Fay seek payment for FY04 and 05.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to authorize chair signature for a legal representation agreement for Thaler Liebeler LLP, to represent Chippewa County and authorize a $3,000 retainer. On a voice vote, the motion carried with Commissioner Cooper voting no.

The Committee reviewed the 2008 Borrowing Resolution which will be offered at the Regular Board meeting, as presented by the County Treasurer. The Resolution would permit the Treasurer to borrow sufficient monies to adequately fund the Revolving Fund if necessary.

t was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend approval of the 2008 Borrowing Resolution as follows:

2008 BORROWING RESOLUTION

(2007 DELINQUENT TAXES)

WHEREAS, ad valorem real property taxes are imposed by the County and the local taxing units within the County on July 1 and/or December 1 of each year; and

WHEREAS, a certain portion of these taxes remain unpaid and uncollected on March 1 of the year following assessment, at which time they are returned delinquent to the County’s treasurer (the “Treasurer”); and

WHEREAS, the Treasurer is bound to collect all delinquent taxes, interest and property tax administration fees which would otherwise be payable to the local taxing units within the County’ and

WHEREAS, the statutes of the State of Michigan authorize the County to establish a fund, in whole or in part from borrowed proceeds, to pay local taxing units within the County their respective shares of delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer; and

WHEREAS, the County Board of Commissioners (the “Board”) has adopted a resolution authorizing the County’s Delinquent Tax Revolving Fund (the “Revolving Fund Program”), pursuant to Section 87b of Act No. 206, Michigan Public Acts of 1893, as amended (“Act 206”); and

WHEREAS, such fund has been established to provide a source of monies from which the Treasurer may pay any or all delinquent ad valorem real property taxes which are due the County, and any city, township, school district, intermediate school district, community college district, special assessment district, drainage district, or other political unit within the geographical boundaries of the County participating in the County’s Revolving Fund Program pursuant to Act 206 (“local units”); and

WHEREAS, the Treasurer is authorized under Act 206, and has been directed by the Board, to make such payments with respect to delinquent ad valorem real property taxes (including the property tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2007 to the County and the local units (collectively, the taxing units”) which will have remained unpaid on March 1, 2008 and the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for repayment of prior series of notes (or after such prior series of notes are retired as a secondary pledge) all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (“the Delinquent Taxes”); and

WHEREAS, the Board has determined that in order to raise sufficient monies to adequately fund the Revolving Fund, the County must issue its General Obligation Limited Tax Notes, Series 2008 in one or more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and conditions set forth below.

NOW, THEREFORE, IT IS RESOLVED BY THE BOARD AS FOLLOWS:

101. Establishment of 2008 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2008 Delinquent Tax Revolving Fund (the “Revolving Fund”) as a separate and segregated fund within the existing Delinquent Tax Revolving Fund of the County previously established by the Board pursuant to Section 87b of Act 206.

102. Issuance of Noted. The County shall issue its 2008 General Obligation Limited Tax Notes, Series 2008 in one or more series (the “Notes”), in accordance with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent Taxes and/or from the other sources specified below.

On a roll call vote: Commissioners Postula, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. Commissioner Cooper voted no. Motion carried 6-1.

The Committee reviewed the annual resolution to allow a two percent Traditional E increase in the retirement allowance for County retirees.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend approval of Resolution Number 07-24 (on file in the County Controllers Office), the Uniform Resolution for Adopting Benefit Program “E” increase to be effective on adjustment date January 1, 2008.

On a roll call vote, Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. The motion carried 7-0.

The Committee reviewed Resolution 07-23”Opposition to Increased Mackinac Bridge Fare”; with discussion regarding adding additional information regarding State of Michigan lack of funding for the Mackinac Bridge. The Mackinac Bridge is the only Michigan Bridge that does not receive State allocations, even though the State of Michigan receives federal monies for its mileage.

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to recommend approval of Resolution 07-23, with additional information added regarding the lack of any State funding for the Bridge as follows:

Resolution of opposition to increased Mackinac Bridge Fare 07-23

WHEREAS, the Mackinac Bridge serves a vital economic and tourism link between Michigan’s two peninsulas; and

WHEREAS each day more than 11,300 vehicles cross the bridge on an average daily basis, according to statistics published by the Michigan Department of Transportation; and

WHEREAS, the Mackinac Bridge Authority has proposed a fare increase of Proposal A - an immediate 60% rate hike from the current $2.50 per crossing fare to $4 with commuter rates from $1.50 to $2, without researching other funding options. Whereas, if applied, the proposed increases will have an adverse effect on economic and tourism interests in the Upper Peninsula and Chippewa County; and

WHEREAS, Chippewa County recognizes that there are significant and legitimate future expenses that will need to be addressed to properly maintain the Mackinac Bridge: and

WHEREAS, it is the County’s opinion that the Mackinac Bridge Authority and the Michigan Department of Transportation should explore the use of federal funds to offset a portion of the cost instead of raising the cost to residents, visitors, and businessmen who utilize the bridge: and

WHEREAS, Chippewa County understands that MDOT receives federal bridge funds for the Mackinac Bridge, which are allocated statewide to projects other than the Mackinac Bridge.

Now therefore be it resolved, as follows:

1. That the Chippewa County Board of Commissioners opposes the rate increase proposed by the Mackinac Bridge Authority

2. The Chippewa County Board of Commissioners encourage changes in the federal bridge funding, which are not currently allocated to the Mackinac Bridge, in order to reduce the proposed rates to the bridge users before a rate increase.

That a copy of this Resolution be forwarded to the Mackinac Bridge Authority, state legislators representing Chippewa County, and the Michigan Association of Counties for their respective consideration.

On a roll call vote, Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. The motion carried 7-0.

The Committee reviewed monthly reports submitted regarding Fund 212’s declining revenue and its projected shortfall. The Committee also discussed correcting Fund 210 distributions.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to correct the Fund 210 distributions to the townships and City of Sault Ste. Marie, based on the voted millage.

On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the budget adjustments as follows:

Finance – Budget Adjustments

The Committee reviewed the following budget adjustment:

Revenue
Original Budget
Amended Budget
Changes
259-000- 699.101 0.00 5,400.00 5,400.00 Transfer Prior Year Salvage Vehicle Insp to Fund
364-000- 584.000 31,998.00 33,611.00 1,613.00 Interest & Principal Amt not in Original budget
465-000- 584.000 1,615.00 7,750.00 6,135.00 Incorrect schedule used to budget revenue
         
Expenditures
       
101-147- 704.000 0.00 475.00 475.00 Salaries for Jury Board
101-147- 715.00 0.00 175.00 175.00 Jury Board fringes
101-236- 704.000 94,815.76 126,815.76 32,000.00 Salaries for ROD retirements
101-610- 710.000 7,000.00 7,750.00 750.00 Per diem for HB from 2006 not paid until 2007
101-648- 701.000 25,000.00 30,000.00 5,000.00 Medical Examiner over budget
101-996- 998.259 0.00 5,400.00 5,400.00 Transfer Prior Year Salvage Vehicle Insp to Fund
166-000- 843.000 0.00 3,200.00 3,200.00 Payment to D Pepper Shelter not in original budget
259-000- 979.000 0.00 1,100.00 1,100.00 Equipment purchased for Salvage Vehicle Inspection
364-000- 991.000 7,000.00 7,500.00 500.00 One Principal Amt was not included Original Budget
364-000- 995.000 24,998.00 26,111.00 1,113.00 One Principal Amt was not included Original Budget
465-000- 990.000 0.00 5,000.00 5,000.00 Principal Amt was not included Original Budget
465-000- 995.000 1,615.00 2,750.00 1,135.00 Incorrect schedule used to budget interest

On a voice vote, the motion carried unanimously.

The monthly claims and accounts reports were presented.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to recommend the approval of general fund claims totaling $137,079.49, other fund claims of $71,647.47, payroll of $373,279.32 and health department claims of $657,782.17, total claims of $1,239,788.45, vouchers 1008 through 1236 and K-1 through K-125. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to agree to the fair market value of $750,000.00 to purchase the City’s portion of the City/County building, and to work out the details of the purchase agreement. On a voice vote, the motion carried with Commissioners Cooper and Shackleton voting no. The motion carried 5-2.

Having completed his report, it was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the report as given. On a voice vote, the motion carried unanimously.

NEW BUSINESS:

The following Resolution 07-26 was offered by Commissioner Cooper, supported by Commissioner Moore as follows:

RESOLUTION IN APPRECIATION AND SPECIAL RECOGNITION

OF WARDEN LINDA METRISH

WHEREAS, LINDA METRISH, has served as the Michigan Department of Corrections Warden at both the Kinross/Hiawatha Correctional Facilities & Camp Koehler, Kincheloe, Michigan, since November 2002; and

WHEREAS, LINDA METRISH, served as Deputy Warden from February 2000, when she moved to the Newberry Correctional Facility, remaining there until a lateral transfer returned her back to Kinross Correctional Facility; and

WHEREAS, LINDA METRISH; served as Assistant Deputy Warden for Housing at Kinross Correctional Facility from May 1988 to February 2000; Human Resources Developer (trainer) for Kinross Correctional Facility from July 1985 to May 1988; served as Lieutenant and Sergeant following promotions in July 1983 and May 1983 respectively; and began her career as Corrections Officer on August 28, 1977, she was one of a few females to begin as an officer at Kinross Correctional Facility; and

WHEREAS, LINDA METRISH, after over thirty (30) years of dedicated service to the Michigan Department of Corrections, and to the residents of the State of Michigan, LINDA METRISH has announced her retirement; and

NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners extend their appreciation to WARDEN METRISH for her outstanding service and dedication to the people of Chippewa County, and for her many contributions to the welfare of its people, and

FURTHER, BE IT RESOLVED, that the Chippewa County Board of Commissioners, upon her retirement extend their best wishes for many years of good health and enjoyment.

On a roll call vote, Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. The motion carried 7-0.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to recommend approval of Resolution 07-27, Medical Director as follows:

CHIPPEWA COUNTY HEALTH DEPARTMENT

RESOLUTION FOR MEDICAL DIRECTOR

At a meeting of the Board of Health, Elsi M. Baccari, D.O. was appointed as the Medical Director for the Chippewa County Health Department, effective January 1, 2008.

James German, Chairman

Chippewa County Board of Health

December 7, 2007

On a roll call vote, Commissioner Postula, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. Commissioner Cooper voted no. The motion carried 6-1.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend adoption of Resolution Number 07-28 as follows:

CHIPPEWA COUNTY HEALTH DEPARTMENT

RESOLUTION FOR HEALTH OFFICER

At a meeting of the Board of Health, David Martin, RS, MPH, was appointed as the Health Officer for the Chippewa County Health Department, effective January 2008.

James German, Chairman

Chippewa County Board of Health

December 7, 2007

On a roll call vote, Commissioner Postula, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. Commissioner Cooper voted no. The motion carried 6-0.

Discussion was held on the Michigan Agriculture Environmental Assurance Program which is a coalition of farmers, community groups, state and federal agencies, and conservation and environmental groups to provide a venue for farmers to become better educated about management options in order to help protect and enhance the quality of natural resources.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend that a resolution be prepared in support for this endeavor for the Soil Conservation and the Michigan State Cooperative Extension.

On a roll call vote, Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay voted yes. The motion carried 7-0.

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 8:00 p.m.

Respectfully submitted,

Diane S. Cork, County Clerk

Earl Kay, Chairman