The Chippewa County Board of Commissioners met in regular session on Monday, December 14, 2009 at 7:00 p.m. in the Courtroom of the Chippewa County Courthouse.

Present: Commissioners Ted Postula, Don Cooper, Jesse Knoll, Richard Timmer, Don McLean, Jim Moore and Chairman Scott Shackleton

Also Present: Brian Bartlett, IT Department, Derek Myerscough, Chris McLean, Debbie Sirk, Spencer Nebel, City Manager, John Willis, Bud Willis, John Boger, Frank Blissett, Ken and Jeannie McCullough, Jay Gage, Jim German, Administrator, Steven Christianson, and Diane Cork, Clerk

Additions/Deletions to the Agenda:

It was moved by Commissioner Moore, supported by Commissioner Knoll, to add the following items to the agenda:

1). Resource Advisory Committee

2). First County Board of Commissioners meeting in 2010

On a voice vote, the motion carried

Correspondence:

It was moved by Commissioner Knoll, 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.

Approval of Minutes:

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the Special County Board minutes of November 9, 2009, Department of Public Works meeting minutes of November 9, 2009, Public Hearing minutes of November 9, 2009 and County Board minutes of November 9, 2009 with the following correction on the regular board minutes: Page 3, last paragraph reads: “$200,00” and should read “$200,000. On a voice vote, the motion carried unanimously.

Public Comments:

Steven Christiansen, District Ranger, U.S. Forest Service, talked about the secure rural schools act forest service resource advisory committees, membership solicitation, nomination and the appointment process.

John Willis, Sugar Island, spoke about not being notified about tax increases/decreases from the townships clerk.

Chris McLean spoke HBH’s workshop meeting at the casino the beginning of December.

Old Business:

a. Appointments:

Discussion was held on the meaning of term of office for Commissioners who sit on different boards. This matter will be looked at under policies for the County.

Chippewa County Building Authority – 3 appointments – Term expires – 12/31/2010

Candidates: Marjorie Hank and Ronald L. Meister

It was moved by Commissioner Knoll, supported by Commissioner Moore, to appoint Marjorie Hank and Ronald L. Meister, to the Chippewa County Building Authority. On a voice vote, the motion carried unanimously.

Building Code of Appeals – 3 appointments – Term expires – 12/31/2010

Candidates: Cathy Cairns

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

Historical District Commission – 1 appointment – Term expires – 7/31/2010

Candidates: Norma Castro

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

Regional Planning – Township Level Appointment – No applications

Commissioner Knoll asked that the County Clerk send a letter to all township clerks outlining the vacancies for various boards.

EUP Transportation Authority – 1 appointment – Term expires - 12/31/2012

Candidates: Jesse Knoll, Bernie LaJoie and Frank Sasso

On a roll call vote:

Commissioners Cooper, Knoll and McLean voted for Jesse Knoll

Commissioners Timmer, Moore Postula and Shackleton voted for Frank Sasso

Frank Sasso was appointed to the EUP Transportation Authority Board for a term to expire December 31, 2012.

War Memorial Hospital – 1 appointment – Term expires - 12/31/2013

Candidates: Ronald Calery, Thomas W. Ellis, Jeanne M. McCulligh and Willaim H. Thorne

On a roll call vote:

Commissioners Cooper, Knoll, McLean, Postula, Moore and Timmer voted for Ronald Calery.

Chairman Shackleton voted for Jeanne M. McCulligh

Ronald Calery was appointed to the War Memorial Hospital Board with a term to expire December 31, 2013.

Administrator’s Report – Jim German – Informational purposes only

Standing Committee Reports:

Personnel – Jim Moore – No meeting

Equalization & Apportionment – Jim Moore – No meeting

Health & Social Services – Ted Postula – No meeting

Building, Grounds & Jail – Don McLean – No meeting

Transportation – Ted Postula – No meeting

Legislative & Natural Resources – Richard Timmer – No meeting

Computer – Jesse Knoll – No meeting

Finance, Claims & Accounts – Don Cooper – December 10, 2009

Jim Lucas presented a Memo of Agreement between the County and MSU for payment of staff. The agreement would change the formula to a percentage based scale for fringes and salary.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to accept the agreement with the provision added that payroll and fringes would not exceed $29,500. On a voice vote, the motion carried unanimously.

Administrator German presented a revised agreement with BC/BS that addressed HIPPA concerns.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to approve the revised Business Associate Agreement with BC/BS. On a voice vote, the motion carried unanimously.

The annual EUP Community Corrections Support Agreement was presented for renewal.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the EUP Community Corrections Support Agreement. On a voice vote, the motion carried unanimously.

Tim McKee notified the Commission that the County had received an Electronic Crash Capture Grant in the amount of $36,533.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to accept the Electronic Crash Capture Grant with the monies to run through Fund 277. On a voice vote, the motion carried unanimously.

Tim McKee gave an update along with bids for the Sugar Island Tower. Mr. McKee recommended that the County accept the bid from All Around Services in the amount of $140,470 to build the tower and for site work. He also recommended that Motorola and the MPSCS install the equipment.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to award the bids for the Sugar Island Tower Project as outlined in Mr. McKee’s memorandum. On a voice vote, the motion carried unanimously.

Mr. McKee presented the Michigan Public Safety Communication System Integration Agreement with Chippewa County. Commissioner Cooper asked that the phrase “for discussion only” be removed.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the agreement with the noted change. On a voice vote, the motion carried unanimously.

Snow plowing bids were received from Burton and Molitor. Molitor had the low bid in the amount of $4,600.

It was moved by Commissioner Cooper, supported by Commissioner Postula, to award the snow plowing bid to Molitor and Son Excavating. On a voice vote, the motion carried unanimously.

Dave Pietrangelo presented list of bids for critical infrastructure for Information Systems. All bids recommend were low bids.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to approve the low bids in the amount of $25,073. On a voice vote, the motion carried unanimously.

Chuck Leonhardt gave a presentation on the creation of a line item for a Budget Stabilization Fund and for a Public Improvement Fund.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to establish both line items with discussion on funding them at a later date.

Discussion was held whether the line items are necessary. Chairman Shackleton indicated that he thought the Fund Balance that the County carries is the Budget Stabilization Fund and is the Public Improvement Fund.

On a voice vote, the motion carried, with Commissioners McLean, Knoll and Shackleton voting no.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to recommend the approval of general fund claims totaling $479,032.47; other funds claims of $243,112.54; payroll o $452,970.92 and health department claims of $549,414.71 for total claims of $1,697,530.64; vouchers 4785 through 4972 and K-1 through K-258. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the budget adjustments as listed below:

  8-Dec-09 Chippewa County        
             
    Budget Adjustments        
      Current Budget Amended Budget Change  
Revenue            
101-000- 699-000 General Fund Transfer 0.00 2,883.00 2,883.00 Close out Funds
101-000- 676-331 General Fund Marine Grant for Boat 0.00 246,984.00 246,984.00 New Boat Grant
101-000- 572-000 General Fund Crime Victim Coordinator Grant 48,500.00 49,200.00 700.00 Agree to Grant
152-000- 506-000 HUD MSC Grant Federal Sources 200,000.00 250,000.00 50,000.00 Maximum Grant
201-000- 401-000 County Road Revenue 9,000,000.00 11,000,000.00 2,000,000.00 County Road Transfers
210-000- 402-000 County Ambulance Fund Taxes 416,679.00 418,858.00 2,179.00 Increase in Taxes Collected
211-000- 699-210 Office of Emergency Svc Transfer In 145,838.00 146,600.00 762.00 County's 35% Share
212-000- 676-000 Enhanced 911 Reimburs. 168,000.00 208,000.00 40,000.00 Reimbursemnt Consloe Maint.
213-000- 543-000 Bench Warrent Fund State Sources 0.00 3,000..00 3,000.00 Bench Warrant Revenue
267-000- 506-000 Road Patrol Overtime Federal Sources 30,000.00 35,000.00 5,000.00 More Federal Inmates Transported
291-000- 699-292 Child Care Fund Transfer from Child Care Fund 50,000.00 62,608.00 12,608.00 Maximum per Agreement
362-000- 584-000 2001 SSM Debt Contribution 204,143.00 183,649.00 (20,494.00) Amount per Debt Schedule
364-000- 584-000 Sup Twp Impr Fund Contribution 33,913.00 33,914.00 1.00 Rounding
373-000- 699-225 New Jail Expansion Debt Transfer 225,000.00 0.00 (225,000.00) No Debt Payment Due 2009
465-000- 584-000 Sup Twp Debt Fund Contribution 7,625.00 7,250.00 (375.00) Agree Transfer to Debt Pmt
466-000- 698-000 Corr Facility Building Bond Proceeds 1,191,302.00 1,635,000.00 443,698.00 Proceeds from Bonds
466-000- 699-225 Corr Facility Building Transfer from Corr Fac Maint Fund 0.00 120,000.00 120,000.00 Transfer Amt Needed for Project
             
Expenditures            
101-131- 805-000 General Fund Circuit Court Jury 25,000.00 40,000.00 15,000.00 More Jury Trials
101-131- 806-000 General Fund Circuit Court Transcript 12,000.00 15,000.00 3,000.00 More Jury Trials
101-131- 807-000 General Fund Circuit Court Legal 50,000.00 60,000.00 10,000.00 Moree Trials More Appeals
101-172- 801-000 General Fund Controller Prof Fee 39,000.00 67,000.00 28,000.00 Salary Study 80% Complete
101-231- 978-000 General Fund Crime Victim Coordinator Equipment 0.00 1,200.00 1,200.00 New Equipment for Grant
101-284- 715-000 General Fund Surveyors Office Fringes 14,591.00 16,591.00 2,000.00 Error in Original Fringe Calculation
101-306- 704-000 General Fund Concealed Weapons Board Salaries 10,771.80 11,771.80 1,000.00 Part Time Worked More
101-306- 715-000 General Fund Concealed Weapon Board Fringes 868.00 1,368.00 500.00 Part Time Worked More
101-331- 979-00 General Fund Marine Capital Outlay 0.00 246,985.00 246,985.00 New Boat Marine
101-340- 742-000 General Fund Sane Gas and Oil 5,300.00 6,900.00 1,600.00 More Miles Traveled
101-861- 701-000 General Fund Retirees Hospital. 300,000.00 316,000.00 16,500.00 More Retirees
101-879- 701-000 General Fund Audit 27,700.00 32,000.00 4,300.00 Includes 2009 Preliminary
101-976- 998-000 General Fund Transfer 3,500.00 0.00 (3,500.00) Budgeted Transfer not Required
101-989- 998-372 General Fund Transfer to Annex 199,500.00 199,850.00 350.00 Paying Agent Fee
152-000- 960-000 HUd MSC Grant Operational 200,000.00 250,000.00 50,000.00 Maximum Grant
155-000- 999-101 Dare Fund Transfer to General 0.00 25.00 25.00 Close out Fund
201-000- 950-000 County Road Expenditures 9,000,000.00 11,000,000.00 2,000,000.00 County Road Transfer
210-000- 964-000 Count Ambulance Fund Return to Local Units 270,841.00 272,258.00 1,417.00 65% of Taxes Collected
210-000- 999-211 County Ambulance Fund Transfer Out 145,838.00 146,600.00 762.00 35% of Taxes Collected
212-000- 704-000 Enhanced 911 Salaries 365,182.74 415,182.74 50,000.00 Additional Staff for Mackinaw/Luce
212-000- 706-00 Enhanced 911 Overtime 8,000.00 34,000.00 26,000.00 Additional Staff for Mackinaw/Luce
212-000- 931-000 Enhanced 911 Maint. 55,000.00 77,000.00 22,000.00 Console Maint.
213-000- 956-000 Bench Warrant Fund Operations 0.00 7,454.00 7,454.00 Bench Warrent Expenditures
225-000- 999-366 Corr Fac Maint Fund Transfer to Debt Fund 290,000.00 65,000.00 (225,000.00) No Debt Payment Due New Jail 2009
225-000- 999-466 Corr Fac Maint Fund Transfer to Corr Facility Building Fund 0.00 120,000.00 120,000.00 Transfer Amount Needed for Project
229-000- 701-000 Superior Twp 2000 Impr Expenditure Maint. 9,195.00 22,000.00 12,805.00 Transfer to Sup Twp Maint
230-000- 956-000 Chippewa County Recycling Operations 540,000.00 556,000.00 16,000.00 Funding Request
267-000- 706-000 Road Patrol Overtime Salaries 26,000.00 31,000.00 5,000.00 More Federal Inmates Transported
277-000- 706-000 Highway Safety Fund Salaries 10,000.00 8,000.00 (2,000.00) Agree to Grant Rev = Exp
277-000- 715-000 Highway Safety Fund Fringes 2,500.00 2,000.00 (500.00) Agree to Grant Rev = Exp
277-000- 801-200 Highway Safety Fund Professional Sault Police 7,500.00 4,250.00 (3,250.00) Agree to Grant Rev = Exp
277-000- 801-300 Highway Safety Fund Professional Sault Tribe 1,500.00 500.00 (1,000.00) Agree to Grant Rev = Exp
277-000- 801-400 Highway Safety Fund Professional Kinross 1,800.00 1,250.00 (550.00) Agree to Grant Rev = Exp
277-000- 978-000 Highway Safety Fund Equimpent 0.00 4,000.00 4,000.00 Agree to Grant Rev = Exp
285-000- 727-000 Animal Shelter Donations Supplies 2,000.00 5,000.00 3,000.00 Budget Exp = Rev
291-000- 841-000 Child Care Fund In Home JJDRA 50,000.00 62,608.00 12,608.00 Maximum per Agreement
292-000- 998-291 Child Care Fund Probate Transfer to Child Care Fund 50,000.00 62,608.00 12,608.00 Maximum per Agreement
362-000- 991-000 2001 SSM Debt Principal 65,000.00 80,000.00 15,000.00 Amount per Debt Schedule
362-000- 995-000 2001 SSM Debt Interest 139,143.00 103,649.00 (35,494.00) Amount per Debt Schedule
364-000- 995-000 Sup Twp Impr Fund Interest 25,413.00 25,414.00 1.00 Rounding
369-000- 999-101 Prin Int Chipp County Build Authority Transfer to General 0.00 122.00 122.00 Close out Fund
373-000- 991-000 New Jail Expansion Debt Principal 225,000.00 0.00 (225,000.00) No Debt Due in 2009
465-000- 995-000 Sup Twp Bond Fund Interest 2,625.00 2,250.00 (375.00) Amount per Debt Schedule
466-000- 801-000 Corr Facility Building Prof.Fees 0.00 35,000.00 35,000.00 Bond Counsel Fees
466-000- 970-000 Corr Facility Building Capital Outlay 1,191,302.00 1,127,802.00 (63,500.00) Project Under Budget
466-000- 998-000 Corr Facility Building Transfer to DTRF 0.00 592,198.00 592,198.00 Pay Back DTRF from 2008
470-000- 999-101 Friends of Courthouse Transfer to General 0.00 1,779.00 1,779.00 Close out Fund
471-000- 999-101 Courthouse Annex Transfer to General 0.00 957.00 957.00 Close out Fund
             
  Additional Budget Adjustments          
             
292-000 -832-000 Child Care Fund State Ward Payments 300,000.00 287,392.00 (12,608.00) Decrease State Ward Payment to offset increase for transfer
             

On a voice vote, the motion carried unanimously.

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

New Business:

a. Environment and Regulatory Affairs Committee

A letter was received from Tom Hickson requesting that one or two commissioners from the UP participate on the Committee. No action taken.

b. Resolutions:

It was moved by Commissioner Cooper, supported by Commissioner Moore, to adopt the following Resolution #09-31 as follows:

CREATING A BUDGET STABILIZATION FUND, AUTHORIZING THE BOARD OF COMMISSIONERS TO APPROPRIATE GENERAL FUND SURPLUSES THERETO, AUTHORIZING THE INVESTMENT OF MONEYS IN THE BUDGET STABILIZATION FUNDS, AUTHORIZING THE BOARD OF COMMISSIONERS TO APPROPRIATE MONEYS IN THE BUDGET STABILIZATION FUND FOR CERTAIN PURPOSES AND FOR OTHER MATTERS RELATING THERETO

Budget Stabilization Ordinance

Section 1. Establishment of Fund. There is hereby established for the County of Chippewa a budget stabilization fund (the “Stabilization Fund”) for the purposes, and subject to the limitations, set forth in Act. No. 30, Public Acts of 1978, as amended.

Section 2. Appropriation to Stabilization Fund. The County Board of Commissioners, By ordinance or resolution duly adopted by two-thirds (2/3) of its elected and Serving members, may, during each fiscal year following the fiscal year in which the Stabilization Fund has been established, appropriate all or part of a surplus in the general fund of the County resulting from an excess of revenue in comparison to expenses to the Stabilization Fund.

Section 3. Limitation on Taxes. The County shall not impose any additional taxes for the purpose of producing revenues in excess of that needed for its established budget in order to generate moneys to be appropriated to the Stabilization Fund.

Section 4. Limitation on Size of Stabilization Fund. The moneys in the Stabilization Fund shall not exceed the lesser of (a) 15% of the County’s most recent general fund budget (as originally adopted) or (b) 15% of the average of the County’s five most recent general fund budgets, as amended. In the event moneys in the Stabilization Fund exceed such limits, the excess shall be appropriated in the County’s next general fund budget, but not to the Stabilization Fund.

Section 5. Investments. Moneys in the Stabilization Fund may be invested as provided by law and any earnings from such investments shall be returned to the County’s general funds.

Section 6. Appropriations from Stabilization Funds. The County Board of Commissioners, by ordinance or resolution duly adopted by two-thirds (2/3) of its elected and serving members, may appropriate moneys from the Stabilization Fund for any of the following purposes:

a) To cover a general fund deficit when the County’s annual audit reveals such a deficit.

b) To prevent a reduction in the level of public services or in the number of employees at any time during a fiscal year when the County’s budgeted revenue is not being collected in an amount sufficient to cover budgeted expenses.

c) To prevent a reduction in the level of public services or in the number of employees when in preparing the budget for the next fiscal year the County’s estimated budgeted revenue does not appear sufficient to cover estimated expenses.

d) To cover expenses created by Natural disaster, including flood, fire, or tornado; provided that if federal or state funds are received to offset appropriations for such purposes, such monies shall be returned to the Stabilization Fund.

e) A 2/3rds majority vote is required to transfer money from this fund.

Section 7. Determining Sufficiency of Revenues. In determining whether the County’s revenues are not sufficient to cover its expenses, a reduction in moneys received for the fiscal year from any source in comparison to the moneys received for the previous fiscal year, including a reduction in the allocation if state tax money, shall be considered.

Section 8. Prohibited Uses. Moneys in the Stabilization Fund shall not be appropriated for the acquisition, construction or alteration of a facility as part of a general capital improvements program.

Section 9. Conflict and Severability. All ordinances, resolution and orders or parts thereof in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed, and each section of this resolution and each subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any section or subdivision therefore to be invalid or void shall be deemed or held to affect the validity of any other section or subdivision of this resolution.

Section 10. Paragraph Headings. The paragraph headings in this resolution are furnished for convenience of reference only and shall not be considered to be part of this resolution.

Section 11. Publication and Approval. The County shall publish a notice of adoption of this ordinance in a newspaper of general circulation in the County and submit it for approval by the Governor as required by Act No. 156, Public Acts of 1851, as amended. The County shall thereafter deposit this ordinance with the Secretary of State as required by such act.

Section 12. Effective Date. This ordinance shall take effect on the sixty-first (61st) day after its adoption by the County Board of Commissioners, provided that no petition signed by 20% or more of the electors of the County which asks for a submission of this ordinance to the electors of the County has been received by the County Clerk during the 50 days after adoption of this ordinance by the County Board of Commissioners.

On a roll call vote:

Yeas: Postula, Cooper, Timmer and Moore

Nays: Shackleton, Knoll, McLean

THE RESOLUTION WAS DECLARED ADOPTED

It was moved by Commissioner moved by Commissioner Cooper, supported by Commissioner McLean, to adopt Resolution 09-32 as follows:

RESOLUTION TO SUPPORT COMMUNITY CORRECTIONS ACT FUNDS

WHEREAS, the Eastern Upper Peninsula Community Correction Advisory Board consisting of the Counties of Chippewa, Luce, and Mackinac, has submitted a three-year application for State of Michigan Community Corrections Act Funds and;

WHEREAS, the Eastern UP community Corrections Advisory Board has recommended Continued support for FY2010 funds; and

WHEREAS, the Chippewa County Board of Commissioners has reviewed the comprehensive plan goals and objectives for FY2010, as well as, reviewed the funding level for each county. For the period October 2009 through September 2010, and concurs with the recommendation presented.

NOW, THEREFORE, BE IT RESOLVED, that Chippewa County Board of Commissioners supports the plan goals and objective for FY2010, and respectively supports the recommendation from the Eastern Upper Peninsula Community Corrections Advisory Board.

On a roll call vote:

Yeas: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED.

It was moved by Commissioner Timmer, supported by Commissioner Cooper to approve Resolution 09-33, Chippewa County Water Supply and Sewage Disposal System Limited Tax General Obligation Bonds (City of Sault Ste. Marie), Series 2010. This Resolution is on file with the City of Sault Ste. Marie.

On a roll call vote:

Yeas: Commissioners Postula, Cooper, Knoll, Timmer, McLean, Moore and Shackleton

Nays: None

RESOLUTION WAS DECLARED ADOPTED.

c. Resource Advisory Committee

It was moved by Commissioner Timmer, supported by Commissioner Moore, to recommend that Chippewa County form a committee separate from Delta County and that the County Administrator, County Board Chair and Mr. Christianson work together to form the committee participants. On a voice vote, the motion carried unanimously.

d. 2010 first County Board meeting date

The date of Monday, February 8, 2010 at 5:00 p.m. was established as the first meeting date of the Chippewa County Board of Commissioners.

Commissioners Comments:

Commissioner Cooper stated that there seems to be a issue with notification of tax letters on Sugar Island. The County Administrator will meet with Ms. Kennedy to research the issue.

Commissioner McLean reiterated Mrs. McLean’s public comments on the HBH meeting at the casino.

Adjournment:

Commissioner Knoll would like to see something on the agenda for those commissioners who sit on committees that they report back to the full Board to keep all informed.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to adjourn. On a voice vote, the motion carried unanimously and the Board did adjourn at 8:16 p.m.

Respectfully submitted,

Diane S. Cork, Clerk

Scott Shackleton, Chairman