The Chippewa County Board of Commissioners met in regular session on Monday, November 10, 2008 at 5:00 p.m. in the 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: Ken McCullough, Mary Wilson, Jennifer Pierce, Jeri Wolski, Cecilia Harrison, Judge Nicholas Lambros, Scott Brand, Evening News, Kim Forsythe, Kristin Pilarski, Ann Mikolowski, Derek Myerscough, Cathy Carins, John Willis, Bud Willis, Jesse Knoll, Bonnie Hewer, Don McLean, Judge Lowell Ulrich, Debbie Sirk, Marilyn McDonald, County Treasurer, Marjorie Hank, Frank Blissett, Jim Shrogren, Judge Michael MacDonald Elizabeth Church, Jim German, Administrator, Brian Bartlett, Thelma Bosbous, Friend of Court, Jeannie Goeschel, Cathy Munson, Mary Sue Nelson, Barbara Fortin 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 unanimously.

It was moved by Commissioner LaJoie, supported by Commissioner Timmer, to approve the County Board minutes and Public Hearing minutes of October 13, 2008 and Workshop minutes of October 30, 2008 as presented. On a voice vote, the motion carried unanimously.

PUBLIC COMMENTS:

Jesse Knoll – attended the Finance meeting and does not agree with non-union employees receiving B4 Retirement increase.

Judge Michael MacDonald – upon his pending retirement, thanked the County Board for their years of service and giving him the opportunity to address his issues throughout the years.

Don McLean – felt the advanced retirement benefits are fiscally wrong

ADMINISTRATOR’S REPORT – Jim German- informational purposes only

Mr. German stated that just today, the Notice of Intent on the jail project was received from the bonding attorney.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to add this item to the agenda under New Business. On a voice vote, the motion carried unanimously.

OLD BUSINESS:

a. Department of Veteran Affairs

The following names are nominees for the Department of Veteran Affairs Board: James Beckham, Paul Clement, Ronald Munro, Stanley Schmitigal and Nicholas Small On a roll call vote, Commissioners Don Cooper, Scott Shackleton, Bernie LaJoie, Ted Postula, James Moore, Richard Timmer and Earl Kay voted for Paul Clement. 7-0

Paul Clement was elected to the Chippewa County Department of Veterans Affairs Board to fill the unexpired term of Charles Porter.

b. Announce Boards/Agencies/Committee/Authority vacancy nominees

It was moved by Commissioner Moore, supported by Commissioner Timmer, to accept the following nominees for various boards, agency, committees and authority vacancies as follows:

CHIPPEWA COUNTY BUILDING AUTHORITY

Term 1/1/09 – 12/31/09

Present members: Paul Coutant, Marilyn McDonald, Ron Meister Nominees: Paul Coutant, Marjoire Hank, Ron L. Meister

BUILDING CODE OF APPEALS

Term immediately – 12/31/09

Present members: 1 vacant position, John Kibble, Samuel White Nominees: Kathy Cairns, Samuel H. White

CONCEALED WEAPONS LICENSING BOARD

Term 1/1/09 – 12/31/10

Present member: Damon Lieurance

Nominees:

E 9-1-1 CENTRAL DISPATCH BOARD OF DIRECTORS

Term 1/1/09 – 12/31/10

Present member: David Pietrangelo

Nominees: Kathy Cairns, Earl Kay, David Pietrangelo

EUP REGIONAL PLANNING & DEVELOPMENT

Term 1/1/09 – 12/31/10

Present members: Private: William Ferguson, Louis MacDonald

Education: Pete Everson

Nominees: William G. Ferguson, Zachary Charles Greening, Earl Kay

ROAD COMMISSION

Term 1/1/09 – 12/31/14

1 appointment

Present member: Donald Holt

Nominees: Kathy Cairns, Darryl L. Ertel Jr., Martin Gaylor, Donald M. Holt, Dale Hoornstra, Earl Kay, Bernie LaJoie, John McCormick, Bradley L. Ormsbee, James D. Traynor, Marvin Willis

TRANSPORTATION AUTHORITY

Term 1/1/09 – 12/31/11

1 appointment

Present member: Aaron Hopper

Nominees: Aaron Hopper, Earl Kay, John F. Kibble, Bernie LaJoie, Bradley L. Ormsbee, Marvin Willis

WAR MEMORIAL HOSPITAL, INC.

Term 1/1/09 – 12/31/12

1 appointment

Present member: Ted Postula

Nominees: Thomas W. Ellis, Earl Kay, Ted Postula, William H. Thorne

STANDING COMMITTEE REPORTS:

Personnel – Bernard LaJoie – 11-7-08

At the regular session of the County Board meeting, Judge Ulrich suggested that a new job study be done for employee positions. The last study was done over 10 years ago.

Request for position upgrades were presented at the Committee meeting by department heads. Brian Peppler requested an upgrade for Lisa Wilcox from an 8 to a 10. Jeri Lou Wolski, speaking on behalf of Judge Lambros, requested Marcy Wilson moved from a 7 to a 9. Mr. German requested that Jennifer Pierce be moved from a 9 to level 12.

Extended discussion took place.

It was moved by Commissioner Shackleton, supported by Commissioner Cooper, to table this request until after the New Year. On a voice vote, the motion carried.

Mr. German noted that per his contract, a performance evaluation needed to be completed. He presented performance evaluations from Grand Traverse County for their Administrator and the Performance Evaluation that the City of Sault Ste. Marie uses. The performance evaluation is submitted to the Personnel Committee for approval and then given to the full Board for Commissioners to complete. The evaluation is then compiled and reviewed by the Personnel Committee and then sent to the full Board for approval.

It was moved by Commissioner LaJoie, supported by Commissioner Postula, to use the Grand Traverse performance evaluation model and have the process move through at Mr. German had outlined. On a voice vote, the motion carried unanimously.

Ms. Church provided information as to a replacement for the Public Defender. The Committee reviewed the way it had been done in the past. Accordingly, it was thought that the position should be advertised with input from Ms. Church and the County Administrator’s Office. It was noted that the County Commission will have to approve the hire.

Extended discussion took place.

It was moved by Commissioner LaJoie, supported by Commissioner Moore, to begin advertising for the position and get input from the full Board on the process. On a voice vote, the motion carried unanimously.

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

Equalization – Jim Moore – No meeting

Health & Social Services – Ted Postula – No meeting

Building, Grounds & Jail – Ear Kay – 11-25-08

A presentation was given by Gundlach Champion on possible renovations to the City County Building including District Court. Two possible options were given in regards to District Court. The Committee made various suggestions. The plans will be presented to the entire Commission. Gundlach will review the Committee comments and make another presentation at a later date and department heads will be invited to attend. A Mackinac Environmental preliminary walk through report on asbestos at the County buildings was presented. The City County Building was the only place for concern. It was thought that a formal study should be done with the price totaling $2,019.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to approve the asbestos study (at a price of $2,019) and forward it to the Finance Committee. On a voice vote, the motion carried unanimously.

Lenny Bodenus, from Gunlach Champion, gave an update on the jail expansion. He provided the Committee with information regarding 8 proposed change orders totaling $9,593. The Committee thought item numbers 1, 5, 7 and 8 were important and requested more information on item numbers 4 and 6.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve items 1, 5, 7, and 8 totaling $2,301. On a voice vote, the motion carried unanimously.

Paul Larke spoke with the Committee on the possibility on a heat exchange ventilator for the basement of the Courthouse. A tentative price of $5,000 was provided. The Committee had various questions in regard to the installation and mechanics of the process. Mr. Kay suggested a mechanical engineering quote be obtained and Mr. Larke agreed.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to obtain a quote from a mechanical engineer on the feasibility of the project. On a voice vote, the motion carried unanimously.

At the request of the Commission, Administrator German obtained a quote of $980 from Alert Electronics for added security at the Animal Shelter due to recent break-ins.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to accept the proposal. On a voice vote, the motion carried unanimously.

Having completed the report, it was moved by Commissioner Timmer, supported by Commissioner Postula. 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 – 11-6-08

Spencer Nebel gave a presentation on the City’s new Smart Zone. One of three new Smart Zones has been approved by the State, two of which are in the U.P. To proceed the City must establish a local development funding authority. As part of this process the County must either opt in or out of the plan and must appoint someone to fill a board seat on the LDA. It was pointed out that the only risk to the County for opting in would be the possibility of the City capturing County taxes. If the County opted out it would still have a seat on the LFDA Board.It was noted that Mr. German had request a legal opinion on the matter. Spencer Nebel asked if the County could proceed in a timely manner with a resolution to either opt in or out and name an individual to LFDA Board.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to move the resolution to the full Board opting out and appointing the County Treasurer to the LDFA Board. On a voice vote, the motion carried unanimously.

Sharon Kennedy noted that the Brimley School millage passed at the November 4, 2008 General Election and the County would need to amend the October Apportionment Millage report.

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

Judge Michael McDonald presented a request for his staff to be moved to forty hours like Probate and Circuit Courts have done. Mr. German noted there was also an issue with salaried positions being paid at the rate of a thirty-five hour work week instead of the forty they are working. Mr. Kay suggested that the issue be brought before the Personnel Committee that meets the following day.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the request for hourly staff moving to a forty hour work week in the District Court. On a voice vote, the motion carried with Commissioner Shackleton voting no.

A discussion took place in regard to the Secure Rural Schools Funding. Administrator German and Treasurer McDonald discussed two options for apply for the funding. One option provided the County with $200,000 per year and the other with $600,000 per year, but that option may affect PILT monies that go into the General Fund. How much it would affect PILT monies is just a guess at this point.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to go with the $600,000 option. On a voice vote, the motion carried unanimously.

The Child Care Budget was presented. Mr. German noted this needed an annual approval.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to approve the Child Care Budget for Probate Court as presented. On a voice vote, the motion carried unanimously.

The GASB 45 actuarial was presented. To fully fund the County’s liability, it would cost an additional $500,000 per year over and above what the County currently pays for retiree health care for thirty years. The Commission discussed various options including partially funding the liability or not funding it at all which could affect the County’s bond rating. If the County decided to partially fund the liability they can do it through MERS or a restricted fund that would stay local.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to take $250,000 from the DTRF and fund the liability in an in house special fund.

Discussion ensued.

On the motion, on a voice vote, the motion carried unanimously.

Marilyn McDonald, County Treasurer, gave a presentation on the B-4 retirement request. The cost to the County would be $48,000 per year.

Discussion ensued.

On the motion, on a voice vote, the motion failed 4-3

Bids were presented from Ware Construction and Whiskey River for Courthouse improvements. Whiskey River was the low bidder on all five quotes at $23,500. Monies to come from the General Fund balance.

It was moved by Commissioner Timmer, supported by Commissioner Postula, to accept the bid from Whiskey River in the amount of $23,500 for Courthouse improvements. On a voice vote, the motion carried unanimously.

Dave Jones brought a request before the Board to approve educational expenses as provided for in the Union contract.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to reimburse Mr. Jones as provided for in the Union contract. On a voice vote, the motion carried unanimously.

Annual snow removal bids were presented to the Committee. The low bid was received from Molitor and Son in the amount of $4,700.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to accept the low bid of $4,700 from Molitor and Son. On a voice vote, the motion carried unanimously.

The annual DTRF Borrowing Resolution was presented. Commissioner Cooper said he did not see the need for it because we never use it. Marilyn McDonald, County Treasurer, said it would be there if we needed it for some reason.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to approve the resolution. On a roll call vote:

Yeas: Commissioners Shackleton, LaJoie, Moore, Timmer and Kay

Nays: Commissioner Cooper and Postula

RESOLUTION DECLARED ADOPTED

Chuck Leonhardt gave a presentation on financing the new jail addition. Misinformation provided by the bonding attorney has forced the County to look at alternative financing methods. Mr. Leonhart provided the County Board with three possible options and recommended number three. This would require purchasing capitol improvement bonds and publishing a notice of intent in the local paper to finance it in this manner.

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to use option three as presented by Mr. Leonhardt for the financing of the jail addition. On a voice vote, the motion carried with Commissioner Cooper voting no.

It was moved by Commissioner Timmer, supported by Commissioner Cooper, to recommend the approval of general fund claims totaling $103,506.54, other fund claims of $376,404.67, payroll of $411,961.40 and health department claims of $638,157.57; total claims of $1,530,030.18, vouchers 2961 through 3100 and J-1 through J-152. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend the approval of budget amendments as follows:

Revenue Original Amended Change
277-000-507.000 20,000.00 29,000.00 9,000.00
       
Expenditures      
101-881-701.000 5,000.00 7,000.00 2,000.00
277-000-706.000 9,200.00 12,500.00 3,300.00
277-000-715.000 0.00 3,200.00 3,200.00
277-000-978.000 0.00 2,500.00 2,500.00
101-131-809.000 5,000.00 7,700.00 2,700.00
101-131-805.000 25,900.00 39,900.00 14,000.00
101-131-802.000 8,000.00 9,000.00 1,000.00
101-131-860.000 500.00 825.00 325.00

On a voice vote, the motion carried unanimously.

Veteran’s Affairs received a $120.00 donation in memory of Charles Porter. The Chippewa County Veteran’s Affairs Board would like to use the money to purchase a plaque recognizing Julius Brunk and Charles Porter for their hard work in making the Veteran’s Affairs Office possible.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to accept the donation. On a voice vote, the motion carried unanimously.

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

NEW BUSINESS:

b . Apportionment Resolution

It was moved by Commissioner Moore, supported by Commissioner Cooper, to approve the apportionment Resolution as presented. On a roll call vote:

YEAS: Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay

NAYS: None

RESOLUTION DECLARED ADOPTED

c. LDFA Resolution

It was moved by Commissioner Timmer, supported by Commissioner LaJoie, to approve the LDFA Resolution as presented.

Administrator German explained that counsel had concerns about the LDFA Resolution re: imposing/capturing taxes

Extended Discussion took place.

On a roll call vote:

YEAS: Commissioners Postula, Cooper, Shackleton, Timmer, LaJoie, Moore and Kay

NAYS: None

RESOLUTION DECLARED ADOPTED.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to adopt the General Obligation Capital Improvement Bonds Resolution as follows:

WHEREAS, the County intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000) for the purpose of paying the cost of acquiring, constructing, furnishing, and equipping additions and improvements to the County Jail, together with all necessary appurtenances and attachment (the “Project); and

WHEREAS, a notice of intent to issue bonds must be published before the issuance of the aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public acts of Michigan, 2001, amended.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The County Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in a newspaper of general circulation in the County.

2. Said notice of intent shall be published as a one-quarter (1/4) page display advertisement in substantially the following form:

NOTICE TO ELECTORS

OF THE COUNTY OF CHIPPEWA

OF INTENT TO ISSUE BONDS SECURED BY THE TAXING

POWER OF THE COUNTY AND THE RIGHT OF REFERENDUM THEREON

PLEASE TAKE NOTICE that the Board of Commissioners of the County of Chippewa, Michigan, intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000) for the purpose of paying the cost of acquiring, constructing, furnishing, and equipping additions and improvements to the County Jail, together with all necessary and related appurtenances and attachments.

Said bonds will mature in annual installments not to exceed twenty five (25) in number, with interest rates to be determined at sale but in no event to exceed six (6%) per annum or such other rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may be issued in one or more series as shall be determined by the County Board of Commissioners.

SOURCE OF PAYMENT OF BONDS

THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general funds of the County lawfully available for such purposes including, if necessary, property taxes levied within applicable statutory and constitutional limitations.

RIGHT OF REFERENDUM

THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE COUNTY IS FILED WITH THE COUNTY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE COUNTY VOTING THEREON.

THIS NOTICE is given to the requirements of Section 517, Act 34, Public Acts of Michigan, 2001, as amended.

_______________________

Clerk, County of Chippewa

3. This Board of Commissioners does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the County’s taxpayers and electors of this Board’s intent to issue the bonds, the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.

4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

On a roll call vote:

YEAS: Commissioners, Postula, Shackleton, Timmer, LaJoie, Moore and Kay

NAYS: Commissioner Cooper

RESOLUTION DECLARED ADOPTED.

Having no further business, 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 6:29 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Earl Kay, Chairman