The Chippewa County Board of Commissioners met in Special Session on Monday, March 24, 2008 at 5:00 p.m. in the Courtroom of the Chippewa County Courthouse.
Present: Commissioners Ted Postula, Richard Timmer, Bernard LaJoie, Jim Moore, and Chairman Earl Kay
Absent: Commissioners Don Cooper and Scott Shackleton
Also Present: Jim German, Administrator, Tim McKee, OES/9-1-1 Director, Scott Brand, Evening News and Diane Cork, County Clerk
PUBLIC COMMENTS: None
NEW BUSINESS: 9-1-1 Class Action Suit
Tim McKee, 9-1-1 Director addressed the Board and stated that a couple of months ago, the Chippewa County Board of Commissioners approved documents 400A and 400B that were submitted to the Emergency 9-1-1 Service Committee (ETSC) which proposed the funding necessary to operate 9-1-1 in Chippewa County. The surcharge rate was established at $1.50 per line in Chippewa County.
This surcharge rate was submitted to the State of Michigan, Emergency Telephone Service Commission. Under the Public Act, if the charge was more than 2.7% higher than the wire line surcharge revenue for the previous year, it had to be reviewed and approved by the Emergency Telephone Service Committee and a recommendation made to the Michigan Public Service Commission.
The Michigan Public Service Committee set the rate at $.99 which will only generate $415,865: a shortfall of $40,000-$60,000 for this year’s budget.
Mr. McKee stated that there are three avenues to appeal:
1. File for a rehearing, but need new information to do so.
2. Request dispute resolution from the MPSC
3. File an appeal in the appropriate Court .
There are 18 Counties out of 46 that are currently impacted by the MPSC decision.
Grand Traverse County (who are spearheading court action) contacted Mr. McKee and asked if Chippewa County would be interested in joining with a class action suit against the MPSC. There are 30 days to appeal.
Discussion followed on the number of counties included, costs and legislation. It was noted that the cost of the law suit would be determined by the number of counties participating.
It was moved by Moore, supported by Commissioner Postula, to enter into the class action law suit against the MPSC and to allocate a cap of $2,000 from the General Fund.
On a voice vote, the motion carried.
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 5:42 p.m.
Diane S. Cork, Clerk
Earl Kay, Chairman