The Chippewa County Board of Commissioners met in regular session on Monday, February 8, 2010 at 5:00 p.m. in the Courtroom of the Chippewa County Courthouse, Sault Ste. Marie, MI.

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

Also Present: Debbie Sirk, Margie Hank, County Treasurer, Derek Myerscough, Brian Bartlett, IT Dept., Steve Mason, Frank Blissett, Julie Beck, Public Defender, Jim German, Administrator, and Diane Cork, Clerk

Election of Vice-Chair:

It was moved by Commissioner Cooper, supported by Commissioner McLean, to nominate Richard Timmer as Vice-Chair. The Chairman called for additional nominations and none were forthcoming. On a voice vote, the motion carried unanimously to elect Richard Timmer as Vice-Chair.

Additions/Deletions to Agenda

It was moved by Commissioner Knoll, supported by Commissioner McLean, to add under New Business, a new proposal for the rural broadband grant application. On a voice vote the motion carried.

It was moved by Commissioner McLean, supported by Commissioner Timmer, to approve the agenda as amended. On a voice vote, the motion carried unanimously.

Correspondence Received in the Clerk’s Office

It was moved by Commissioner Knoll, supported by Commissioner McLean, 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 County Board minutes

It was moved by Commissioner McLean, supported by Commissioner Timmer, to approve the Department of Public Works minutes of December 14, 2009 and regular County Board minutes of December 14, 2009 as presented by the Clerk. On a voice vote, the motion carried unanimously.

Public Comments

Debbie Sirk spoke to the Commission about 2% pass thru monies. She stated that the Commissioners voted in September of 2009 not to continue this practice, but yet passed thru 3 checks at the last Finance meeting. Ms. Sirk had presented a 2% request and it was turned down.

Old Business

A. Nominations to various boards and authorities

It was moved by Commissioner Timmer, supported by Commissioner Knoll, to close nominations and accept the following names for the various boards as listed below:

Building Authority – 1 appointment – Don Cooper

Building Code of Appeals – 2 appointments – Derek Myerscough and Marvin Willis

EUP Regional Planning Commission – 1 appointment (township) – William Ferguson

On a voice vote, the motion carried unanimously.

Commissioner Cooper stated that a couple of funds have been established for the City/County building project and perhaps this issue should be sent to the Finance Committee to start placing moneys into the funds.

Commissioner Moore asked if the potential candidates list for the Forest Service Resource Advisory Committee had been received. The list has been received by the County and applications will be sent to everyone on the list.

Administrator’s Report

Informational purposes only

Standing Committee Reports

A. Personnel – Jim Moore – No meeting

B. Equalization & Apportionment – Jim Moore – No meeting

C. Health & Social Services – Ted Postula – No meeting

D. Building, Grounds & Jail – Don McLean – No meeting

E. Transportation – Ted Postula – No meeting

F. Legislative & Natural Resources – Richard Timmer – 2-1-2010

A letter was presented from Brian Peppler stating that the County was in compliance with a 1980 incorporation articles at EUPTA. Conflicts of interest of Commissioners on other boards were also discussed.

It was moved by Commissioner Timmer, supported by Commissioner McLean that interested Commissioners work with the County Administrator to form the appropriate questions and concerns to forward to the Attorney General for an opinion. It was explained that the Prosecutor had a different opinion then that of a private attorney and the County should go straight to the Attorney General because this office deals with conflict cases continually. On a voice vote the motion carried unanimously.

The remainder of the Legislative and Natural Resource Committee report was for informational purposes only.

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

G. Computer – Jesse Knoll – 1-26-2010

This report was for informational purposes only. Two corrections needed to be made in the report as follows: 1) The date of the meeting was January 26, 2010 not October 29, 2009 and 2) Commissioner Cooper voted yes under the item labeled Last Mile Connectivity.

It was moved by Commissioner Knoll, supported by Commissioner Timmer, to accept the report as given along with the corrections. On a voice vote, the motion carried unanimously.

H. Finance, Claims and Accounts – Don Cooper

A discussion took place on three recent pass through checks the Sault Tribe had sent to the County for distribution. It was noted that previously Commission had approved one of the checks and all the checks were in the Tribes cycle of distribution before the Commission had voted not to accept pass through monies anymore.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to distribute these three pass through checks that were received by the County; one last time. Discussion ensued. On a voice vote, the motion carried with Commissioner Timmer voting no.

Bids were submitted for the purchase of winter survival suits with funds coming out of the Stonegarden Grant. Back Country Outfitters (Michigan based) was the low bid at $835.00 per suit.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the bid from Back Country Outfitters for ten winter survival suits in the amount not to exceed $8,350.00. On a voice vote, the motion carried unanimously.

A 2010 dues request from UP & RC&D was presented for $300.00. A discussion took place on the need for an alternate Commissioner to be appointed to that board.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the dues for FY10 in the amount of $300.00. On a voice vote, the motion carried unanimously.

The MMRMA renewal was reviewed. The cost to the County and the Health Department was $197,231. Commissioner Cooper noted that he thought that the County should go out for RFP’s for everything possible.

It was moved by Commissioner Moore, supported by Commissioner Timmer, to approve the 2010 MMRMA renewal and Joint Powers Agreement. On a voice vote, the motion carried with Commissioner Cooper voting no.

Changes were presented for the Counties 457 Program for the employees. The changes were a result of federal regulations.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to accept the changes in the County’s 457 Plan presented by Great West. On a voice vote, the motion carried unanimously.

The Committee discussed fee increases presented by CCHD. The proposed increases were for Hospice, Home Health, Influenza and Pneumovax and Private Duty Infusion Therapy; to maximize reimbursements based on rates that allowed by Medicare, Medicaid and BC/BS. Also requested by the Board of Health was the ability to set fees except for Home Health Private Duty and Environmental Health without coming to the County Board. Commissioner Shackleton noted that it was normally only annually that CCHD had to come to the County for the increases and he did not think that was asking too much.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the requested fee increases and give the Board of Health the ability to set its own fees with the exception of Home Health private duty and Environmental fees. Discussion ensued.

It was moved by Commissioner McLean, supported by Commissioner Knoll, to amend the original motion to read “to approve the requested fee increases and not give the Board of Health the ability to set its own fees”.

On the amendment to the original motion, on a voice vote, the motion carried with Commissioner Cooper and Timmer voting no.

On the original motion as amended, on a voice vote, the motion carried with Commissioners Cooper and Timmer voted no.

A contract was presented from New Leaf Substance Abuse services. The cost of the contract is $65.00 per hour (not to exceed $8,500 annually). Commissioner Cooper noted that the RFP process should be done and done more efficiently.

It was moved by Commissioner Moore, supported by Commissioner Postula, to approve the contract with New Leaf Substance Abuse Services. On a voice vote, the motion carried unanimously.

The contract for housing Luce County inmates was presented. The cost charged to Luce County to house an inmate for a day is $40.00; which is paid quarterly at the rate of $21,900.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to accept the contract for housing Luce County inmates for an annual fee of $87,600. On a voice vote, the motion carried unanimously.

The rent agreement between the Chippewa county Remonumentation Program and surveyor Bill Karr in the amount of $3,000 was presented.

It was moved by Commissioner Cooper, supported by Commissioner Postula, to accept the agreement in the amount of $3,000. On a voice vote, the motion carried unanimously.

A ommunity Wildfire Protection Grant in the amount of $17,500 has been awarded to the County. The amount of $12,500.00 will be used to contract with EUP Regional Planning for GIS data and other services.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to accept the grant and contract with EUP Regional Planning. On a voice vote, the motion carried unanimously.

Bill Karr outlined four contracts for 2010 Remonumentation. There are three contracts for Northwoods in the amount of $38,400; Meridian Consultants for $26,400 and Rogers Land Surveying for $12,000 and one contract for an administrator contract for Bill Karr in the amount of $7,500.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the four contracts as presented to the Board. On a voice vote, the motion carried unanimously.

Two RFP’s were presented to contract out some conflict case work in the Public Defender’s Office.

It was moved by Commissioner Timmer, supported by Commissioner Moore, to approve the option 2 RFP to contract out Public Defender conflict services. On a voice vote, the motion carried with Commissioner Cooper voting no.

RFP’s were presented for Sheriff Department vehicles.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to approve the advertising for the request for proposals. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Cooper, supported by Commissioner Timmer, to recommend the approval of general fund claims totaling $124,798.20; other fund claims of 170,733.56; payroll of $729.379.38 and health department claims of $558,345.36 for total claims of $1,583,256.50 for January and general fund claims totaling $249,460.68; other fund claims of $855,081.57, payroll of $485,254.36 and health department claims of $552,562.85 for total claims of $2,142,359.46 for January vouchers 4973 through 5018 and K-1 through K-232 and A-1 through A-249 for a grand total of $3,725,615.96. On a voice vote, the motion carried unanimously.

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

New Business

Appointment to committees by Chair

The 2010 Standing Committees are as follows:

*Denotes Chairperson

Finance, Claims and Accounts *Don Cooper
  Jesse Knoll
  James Moore
  Ted Postula
  Richard Timmer
  Don McLean (Ex-Officio)
  Scott Shackleton (Ex-Officio)
   
Building and Grounds *Don McLean
  Ted Postula
  Richard Timmer
   
Personnel *James Moore
  Jesse Knoll
  Ted Postula
   
Equalization and Apportionment *James Moore
  Don McLean
  Don Cooper
   
Health and Social Services *Ted Postula
  Jesse Knoll
  Don McLean
   
Legislative and Natural Resources *Richard Timmer
  Don McLean
  Scott Shackleton
   
Transportation *Ted Postula
  James Moore
  Jesse Knoll
   
Computer Committee *Jesse Knoll
  Richard Timmer
  Don Cooper
   
U.P.C.A.P. Delegate Richard Timmer
  Don McLean (Alternate)
   
Emergency Food & Shelter  
   
National Board Program Don Cooper

Set 2010 meeting dates and times

It was moved by Commissioner McLean, supported by Richard Timmer, to approve the following dates and times for the County Board meetings and Finance, Claims and Accounts meetings:

Regular Board meetings:

March 8, 2010 7:00pm
April 12, 2010 7:00pm
May 10, 2010 5:00pm
June 14, 2010 5:00pm
July 12, 2010 5:00pm
August 9, 2010 5:00pm
September 13, 2010 5:00pm
October 11, 2010 7:00pm
November 8, 2010 7:00pm
December 12, 2010 7:00pm

Finance meetings (all at 5:00 p.m.)

February 4, 2010
March 4, 2010
April 8, 2010
May 6, 2010
June 10, 2010
July 8, 2010
August 5, 2010
September 9, 2010
October 7, 2010
November 4, 2010
December 9, 2010

On a voice vote, the motion carried unanimously.

Review and Adoption of Board By-laws and Rules of Procedure

It was moved by Commissioner Timmer, supported by Commissioner Moore, to adopt the current County Board By-laws and Roberts Rules of Procedure. It was noted that the By-laws will be reviewed by the Commissioners and any changes they feel are necessary, will be submitted to the Administrator and forwarded to the Legislative Committee for review. On a voice vote, the motion carried unanimously.

Chippewa County Allocation Board appointment

It was moved by Commissioner Moore, supported by Commissioner McLean, to advertise and accept applications for the Chippewa County Allocation Board and that the 1 month waiting period will be waived in order for the appointment to be made effective April 1, 2010. On a voice vote, the motion carried unanimously.

Resolutions

It was moved by Commissioner Timmer, supported by Commissioner Moore, to adopt the following resolution:

RESOLUTION #2010-01

SUPPORT OF THE FINAL REPORT OF THE LEGISLATIVE COMMISSION ON STATUTORY MANDATES, DECEMBER 2009

 

WHEREAS, the electorate of the State of Michigan passed an amendment in November 1978 to the State’s Constitution that required the State to fund mandates imposed on local units of government (often referred to as the “Headlee amendment”); and

WHEREAS, the Headlee Amendment (Article IX, Section 29) states:

“The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the Legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. The provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18.” and

WHEREAS, the Headlee Amendment became effective on December 23, 1978; and

WHEREAS, the State Legislature established the Legislative Commission on Statutory Mandates (LCSM) through P.A. 98 of 2007, as amended by P.A. 356 of 2008 and assigned the LCSM to identify mandates (including those involving reports) and the related cost of the mandates to local units of government, along with recommendations to resolve the unfunded mandates; and

WHEREAS, the LCSM worked with the Citizens Research Council (issued and analysis of other state’s statutes and constitutional requirements similar to the Headlee Amendment) and local units of government associations, including:

• Michigan Association of Counties

• Michigan Municipal League

• Michigan Township Association

• Michigan School Business Officials and Michigan Association of School Administrators

• Michigan Community College Association

• County Road Association of Michigan

WHEREAS, the LCSM issued a report in June 2009 entitled “Interim Report of the Legislative Commission on Statutory Mandates” that indicated, among other matters, that the State had failed to enact legislation enabling the Headlee amendment and has not complied with the Headlee amendment since its adoption in 1978; and

WHEREAS, the LCSM has completed its report in December 2009 entitled “Final Report of the Legislative Commission on Statutory Mandates” that reaffirms the Interim Report results and provides recommendations, including but not limited to:

• Drafted legislation and court rules that would mitigate unfunded mandates imposed on local units of government in the future.

• Proposed procedures that will prevent new unfunded mandates from being imposed on local units of government.

• Proposed procedures that would be corrective should unfunded mandates be imposed that include among other requirements:

◦ A submission of an action before the Court of Appeals to be heard by a special master in order to rule on whether the matter is a mandate in underfunded.

◦ Require the Court of Appeals to rule on the above within six months of the filing.

◦ Should the Court of Appeals not rule on the above within six months, the local unit of government would have no obligation to continue to the services until such time as the State complies with the Headlee Amendment.

WHEREAS, the Michigan Association of Counties adopted a resolution of support for the recommendations contained in the final LCSM report in December 2009.

NOW THEREFORE BE IT RESOLVED that the Chippewa County Board of Commissioners supports the findings and recommendations in the interim and final reports of the Legislative Commission on Statutory Mandates and encourages the Governor, Legislature and Supreme Court to adopt and enact the recommendations cited in the final report.

BE IT FURTHER RESOLVED that the Chippewa County Board of Commissioners approves the release of this resolution to be distributed to the Governor, Legislators, Supreme Court and local units of government legislative boards and executives located within Chippewa County.

On a roll call vote:

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

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED.

It was moved by Commissioner Moore, supported by Commissioner McLean, to adopt the following resolution:

RESOLUTION 2010-02

RESOLUTION IN APPRECIATION AND SPECIAL RECOGNITION OF TROOPER JAMES BOURDLAIS

WHEREAS, James Bourdlais enlisted with the Michigan State Police and entered the 97th MSP Recruit School in 1982; and

WHEREAS, James Bourdlais has served the State Police at posts located in Flat Rock, Newberry and Sault Ste. Marie; and

WHEREAS, James Bourdlais was provided the opportunity to train as a dog handler in 1989 and chose to continue to serve the Sault Ste. Marie Post; and

WHEREAS, James Bourdlais worked side by side with four different K-9’s, Katie and Clyde were the first two issued to Jim; being the first Trooper to do so, Jim personally purchased service dog Jerry on behalf of the MSP. Jerry was later replaced with Josh whom Jim worked with until Josh was removed from service in September 2008; and

WHEREAS, James Bourdlais will retire from service with the Michigan State Police, effective February 1, 2010 after over 28 years of service to the Michigan State Police.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners respectfully dedicates this document to honor and thank James Bourdlais for his many years of public service and particularly for his work in Chippewa County.

2. That the Chippewa County Board of Commissioners extends their best wishes to James Bourdlais for many years of good health and enjoyment in his retirement.

On a roll call vote:

Yeas: Commissioners Ted Postula, Don Cooper, Jesse Knoll, Richard Timmer, James Moore and Scott Shackleton

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED.

It was moved by Commissioner McLean, supported by Commissioner Timmer, to adopt the following resolution:

RESOLUTION NO. 2010-03

RESOLUTTION OBJECTING TO ELECTION MANAGEMENT SYSTEM LICENSE RENEWAL FEES

WHEREAS, the State of Michigan has entered into contract pricing for software license fees established for the GEMS Election Management System; and,

WHEREAS, the pricing is the same for all who utilize the software regardless of whether the County performs the programming, or a vendor performs the programming and the County only utilizes the software for uploading local election results: and

WHEREAS, Chippewa County does not program for elections and utilizes a vendor to provide the programming for elections, and already pays for this service; and

WHEREAS, Chippewa County only utilizes the software to upload local election results, so as to compile reports required by the State of Michigan; and,

WHEREAS, Chippewa would be required to pay an estimated $6,000.00 per year simply to upload local election results on election night; and

WHEREAS, the cost of this license renewal is an unfunded mandate required by the State of Michigan; and

WHEREAS, the original agreement distributed by the State of Michigan in 2004, never mentioned these exorbitant fees.

NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners objects to the contract license cost for GEMS Election Management System in the current structure, and encourages the State of Michigan to negotiate a fee structure which incorporates a prorated payment schedule for counties who do not utilize the entire programming element of the GEMS software.

BE IT FURTHER, RESOLVED, that copies of this resolution be forwarded to Senator Jason Allen, Representative Gary McDowell, Governor Jennifer Granholm, and the County Clerks of the State of Michigan.

On a roll call vote:

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

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED

It was moved by Commissioner McLean, supported by Commissioner by Commissioner Timmer to adopt the following resolution:

RESOLUTION 2010-04

RESOLUTION TO SUPPORT THE PREVENTION OF ASIAN CARP FROM ENTERING THE GREAT LAKES

WHEREAS, the Chippewa County Board of Commissioners supports Michigan House Resolution 186; and encourages the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address the problem; and,

WHEREAS, the State of Michigan has been a leader in the fight to keep invasive species out of the Great Lakes; Michigan was the first state to require ocean-going ships to kill invasive species in ballast water before it is discharged in state waters. It successfully defended in federal court a state’s right to protect its waters, opening the door to state ballast water regulations throughout the Great Lake region; and,

WHEREAS, Asian carp are on the verge of invading the Great Lakes; Asian carp have been detected within eight miles of Lake Michigan and are already past the electrical barrier in the Chicago Sanitary and Ship Canal designed to stop them; and,

WHEREAS, if allowed to enter the Great Lakes, Asian carp could become dominant species in the lakes further disrupting the ecological balance and threatening fishing and boating on the lakes. Asian carp are voracious feeders that would push out native fish and wildlife; and,

WHEREAS, immediate and decisive action is required to protect the $7 billion Great Lakes commercial and recreational fishery and the $9 billion Great Lakes recreational boating industry, the Asian carp threat is imminent, and the time for half-hearted efforts and investigations has passed.

NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem;

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to U.S. Representative Bart Stupak, U.S. Senators Carl Levin and Debbie Stabenow, U.P. State Senator Jason Allen, U.P. Representative Gary McDowell and Michigan Association of Counties.

On a roll call vote:

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

Nays: None

RESOLUTION DECLARED ADOPTED.

Proposal from Lighthouse.net

Commissioner Knoll said the proposal presented tonight is different than the one presented previously. This proposal would be with the Tribe partnering with a governmental agency by a private agency to accomplish a purpose and bring a service to the County that would benefit virtually every type of person in the County even if they don’t have a computer.

It was moved by Commissioner Knoll, supported by Commissioner Moore, to let Lighthouse proceed with the grant application for broadband which will be paid for by Lighthouse.net. If Mackinac and Luce choose not to be involved, Chippewa County will proceed on their own. At this point, there will no cost to the County.

Extended discussion ensued on the benefit to Chippewa County, forming an authority, and the eventual cost to the County.

On a voice vote the motion carried unanimously.

Commissioner Comments:

Commissioner McLean acknowledged Debbie Sirks comments.

Having No further business, it was moved by Commissioner Timmer, supported by Commissioner Moore, to adjourn. On a voice vote, the motion carried and the Board did adjourn at 6:50 p.m.

Respectfully submitted, Diane S. Cork,Clerk

Scott Shackleton, Chairman