The Chippewa County Board of Commissioners met on Monday, February 14, 2011 at 6:13 p.m. in the Courtroom of the Chippewa County Courthouse, Sault Ste. Marie, MI.

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

Also Present: Derek Myerscough, Kathy Noel, Public Defender Robert Stratton, Lou McDonald, Sheriff Robert Savoie, Treasurer Margie Hank, Dep. Administrator Kelly Church, Scott Brand, John Willis, Bud Willis, Kathy Cairns, Administrator Jim German, and County Clerk Diane Cork

Additions/Deletions to the Agenda

It was moved by Commissioner McLean, supported by Commissioner Kinsella, to add the February 8, 2011 Special Board meeting minutes to the agenda under Approval of County Board minutes, 6b. On a voice vote, the motion carried.

It was moved by Commissioner McLean, supported by Commissioner Kinsella, to add the Vice-Chair of Finance under Old Business number 6. On a voice vote, the motion carried.

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

Correspondence

It was moved by Commissioner Cooper, 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.

Approval of County Board minutes

It was moved by Commissioner McLean, supported by Commissioner Cooper, to approve the meeting minutes December 13, 2010, FY2011 Budget Public Hearing, as presented. On a voice vote, the motion carried.

It was moved by Commissioner Moore, supported by Commissioner McLean, to approve the regular County Board minutes of December 13, 2010 which includes the 12/13/2010 budget amendments and the Special County Board meeting of February 8, 2011. On a voice vote, the motion carried.

It was moved by Commissioner McLean, supported by Commissioner Kinsella to approve the Organizational meeting minutes of January 3, 2011 as presented. It was noted that when making committee appointments, Chairman Shackleton inadvertently omitted Commissioner Knoll from the Finance Committee roster. Secondly, Commissioner McLean later asked that his name be removed from the Equalization Committee and the Community Corrections Committee.

It was moved by Commissioner Moore, supported by Commissioner McLean, to amend the minutes to reflect the above changes. On a voice vote, the motion carried.

On the original motion as amended, the motion carried.

It was moved by Commissioner Moore, supported by Commissioner Postula, to approve the Public Defender Ad Hoc Committee meeting minutes of January 21, 2011 and February 4, 2011 as presented.

It was moved by Commissioner McLean, supported by Commissioner Kinsella, to amend the Public Defender Ad Hoc Committee minutes of January 21, 2011 to delete the word “not” under the section Public Defender Services, third paragraph. On a voice vote, the motion carried.

On the motion as amended, the motion carried.

Public Comments

Charles Malette talked about the Public Defenders Office and the logistical nightmare if the County Board privately contracted out services for public defense.

John Willis spoke on the Tax Tribunal Assessment change and notice not being sent out properly before the March Board of Review.

He also spoke on the Public Defender’s Office and ways of saving money by eliminating certain boards. He spoke on the appointment to the Road Commission and the number of assessors in the Equalization Dept. and their job descriptions.

Bud Willis spoke on the Road Commission Board appointment being tabled at the December 2010 Board meeting and the impression that the County Board was trying to put an ex County Commissioner on the Road Commission Board and board applications being ignored. Mr. Willis also asked why so many Commissioners were on the Hospital Board.

Old Business

Appointments to various Board and Agency’s

1. Department of Veterans Affairs – 1 appointment – term expires 3/31/2015

Candidates – Paul Clement, Jeffrey Giddings, John Kibble, Ronald Munro, Bradley Ormsbe

On a roll call vote: Commissioners Cooper, Knoll, McLean, Postula, Moore and Shackleton voted for Paul Clement.

Commissioner Kinsella voted for Jeffrey Giddings.

Paul Clement was appointed to the Dept. of Veterans Affairs Board for a term to expire on March 31, 2015.

2. Economic Development Corporation (chair appointment)

Chairman Shackleton re-appointed Richard Brawley to the E.D.C. Board.

Discussion followed on a commissioner being appointed to this Board, the meaning of “term” of office and the application process for board vacancies.

It was moved by Commissioner Knoll, supported by Commissioner Cooper, to override the Chairs appointment and place Commissioner McLean on the E.D.C. Board. On a voice vote, Commissioners Postula, Kinsella, Moore, Cooper and Shackleton voted no. The motion failed.

3. Hiawatha Behavioral Health – 1 appointment – term expires 3/31/2014

Candidates: Kathy Cairns, Jesse Knoll, Gregory McQuiggin

On a roll call vote: Commissioners Kinsella, Moore, Postula and Shackleton voted for Kathy Cairns

Commissioners Knoll and Cooper voted for Jesse Knoll

Commissioner McLean voted for Gregory McQuiggin

Kathy Cairns was appointed to the Hiawatha Behavior Health Board for a term to expire March 31, 2014.

4. Historical District – No new applicants

It was moved by Commissioner Moore, supported by Commissioner Knoll, to take the tabling motion for the Road Commission Board appointment off the table from the December 13, 2010 County Board meeting. On a voice vote, the motion carried.

5. Road Commission –1 appointment – term expires 12/31/2016

Candidates: Clifford Carr, Robert Casey, Dennis Kreeger, Derek Myerscough, Bradley Ormsbee, Anthony Stackpoole, Richard Timmer, James Traynor (Michael Lynn – late application)

Round 1: On a roll call vote: Commissioners Cooper, Knoll, McLean and Kinsella voted for Clifford Carr

Commissioners Shackleton and Postula and Moore voted for Richard Timmer.

Commissioner Moore voted for Anthony Stackpoole.

Round 2: Candidates – Clifford Carr and Richard Timmer

On a roll call vote: Commissioners Cooper, Knoll and McLean voted for Clifford Carr.

Commissioners Kinsella, Moore, Postula and Shackleton voted for Richard Timmer.

Richard Timmer was appointed to the Road Commission Board for a term to expire December 31, 2016.

6. Vice Chair of Finance – Chairman Shackleton noted that the Vice-Chair of Finance was named as Don McLean and Commissioner McLean has declined that position. Chairman Shackleton appointed Commissioner Moore who accepted the position.

As a point of correction, Chairman Shackleton noted that Commissioner Knoll’s name was inadvertently left off the list of members for the Finance Committee and has been added.

Administrator’s Report – Jim German – informational purposes only

It was moved by Commissioner McLean, supported by Commissioner Moore, to have the Administrator construct a letter to Prosecutor Peppler expressing the Commissions concern/great interest in resolving the $50,000 issue with LMAS. On a voice vote, the motion carried.

Standing Committee Reports:

Personnel – Jim Moore – 1-26-2011

An update to Sheriff Department Policy #000-001 was presented. Changes reflected county sick leave accrual as well as vacation time and other minor updates. The policy now accurately reflects personnel policies and benefits the rest of the County has adopted.

It was moved by Commissioner Moore, supported by Commissioner Postula, to adopt the updates the Sheriff Department Policy #000-001. On a voice vote, the motion carried.

Administrator German asked the Committee to consider updating the life insurance policies for non-union personnel. He noted that all County employees except the Sheriff’s Department would receive only thirty thousand dollars in the event of their death. Recent negations with the union employees allowed their families to receive one years pay in the event of their death. The Administrator asked the same consideration be given to non-union employees. The cost to the County would be approximately five thousand dollars. This was not put in the budget due to pending negotiations during the budget process.

It was moved by Commissioner Moore, supported by Commissioner Cooper, to provide non-union employee family’s one years wages in the event of an employee’s death.

Discussion was held on moneys available and treating all employees equal.

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

The summarized tally sheet for the Administrator’s evaluation was presented to the Board.

It was moved by Commissioner Moore, supported by Commissioner Postula, to accept the summarized evaluation tally sheets as presented.

It was moved by Commissioner McLean, supported by Commissioner Cooper, to amend Commissioner Moore’s motion to say that the Board accept the evaluation documents for individual revue and place the Administrator evaluation on the agenda for the March meeting. On a voice vote, the motion carried with Commissioners Postula and Moore voting no.

On the motion as amended, on a voice vote, the motion carried.

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

Equalization & Apportionment – Jim Moore – No meeting

Health & Social Services – Ted Postula – No meeting

Building, Grounds & Jail – Don McLean – 1-13-2011 – Informational purposes only

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

Transportation – Ted Postula – No meeting

Legislative & Natural Resources – George Kinsella – No meeting

Computer – Jesse Knoll – 1-21-2011

The purchase of new accounting software was discussed. Chairman Knoll and Commissioner Cooper spoke of the need for better information and that the current software was out of date.

It was moved by Commissioner Knoll, supported by Commissioner Cooper, to pursue and research new accounting software and meet with all effected department heads on the topic as well as Anderson and Tackman. Discussion followed. It was decided that the Computer Committee would pursue this matter. Commissioner Knoll, withdrew his motion, Commissioner Cooper withdrew his support.

Wireless Internet for the Courthouse and County Building was discussed. Security was a main issue as well as the public having wi-fi hot spots.

It was moved by Commissioner Knoll, supported by Commissioner Cooper, to approve the wireless internet for the Courthouse and County Building for a price not to exceed $2,500. On a voice vote, the motion carried.

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

Finance, Claims & Accounts – Don Cooper – 2-10-2011

The RFQ for three Sheriff Department vehicles was presented.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the RFQ for three Sheriff Department vehicles. On a voice vote, the motion carried.

The RFQ for substance abuse services was presented.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the RFQ for substance abuse services.

The contract for housing Luce County prisoners was presented at a price of $40.00 per day for a maximum of 12 persons.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the Luce County Prisoner Housing Contract at $40.00 per day person for a maximum of 12 persons.On a voice vote, the motion carried.

The MSU Extension agreement was presented for FY11. It was noted it was for .5 FTE and would not exceed $15,350.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the 2011 MSU Extension agreement not to exceed $15,350. On a voice vote, the motion carried.

The Motorola Service Agreement for annual radio maintenance was presented at an annual price of $20,836.32.

It was moved by Commissioner Cooper, supported by Commissioner McLean, to accept the Motorola Service Agreement in the amount of $20,836.32. On a voice vote, the motion carried.

A request by Under Sheriff Bitnar to wave the County bidding policy and allow the purchase of surveillance equipment in the amount of $5,500 was presented. The equipment would be purchased from Team Intel and includes training and be paid for by the drug seizure monies.

It was moved by Commissioner Cooper, supported by Commissioner McLean, to approve the purchase of surveillance equipment for the Sheriff’s Department in the amount of $5,500 and wave the County bidding policy. On a voice vote, the motion carried.

The retiree health care actuarial fee was presented from Gabriel Roeder Smith and Company in the amount of $17,160. This amount includes the Health Department and the EDC.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the fee for the retiree health care actuarial in the amount of $17,160. On a voice vote, the motion carried.

The RFQ for Public Defender Services was presented. It was suggested that under specification number nine that the number of cases be dropped and instead to put in the RFQ “to handle all cases” and to drop specification number 10

. It was moved by Commissioner Cooper, supported by Commissioner Knoll, to accept the RFQ for Public Defender Services with the above listed changes. On a voice vote, the motion carried.

A proposed real estate purchase of a house adjacent to the Courthouse was discussed.

It was moved by Commissioner Moore, supported by Commissioner Knoll to decline the real estate purchase. On a voice vote, the motion carried with Commissioner Cooper voting no.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve general fund claims totaling $484,323.78; other fund claims of $354,724.41; payroll of $754,523.78 thru 12/31/2010 and $490,614.92 thru 1/31/2011; Health Department claims of $1,208,821.69 for total claims of $3,293,008. (2 months bills) On a voice vote, the motion carried.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the following budget adjustments:

Revenue   Original Amended Change
278-000-676-000 Youth Alcohol 0 $9,000 $9,000
         
Expenditure        
259-000-934-301 Drug Forfeiture 0 588.00 588.00
259-000-934-000 Salvage Vehicle 0 588.00 588.00
278-000-706-000 Youth Alcohol 0 7,300 7,300
278-000-715-00 Youth Alochol 0 1,700 1,700

On a voice vote, the motion carried.

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

New Business

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

Resolution 11-03

MERS Employer Resolution Establishing

Uniform Transfer Provision

WHEREAS, the County of Chippewa is a participating municipality or court in the Municipal Employees’ Retirement System of Michigan (“MERS”); and

WHEREAS, the Standard MERS Transfer Rules became effective in August 2007; and

WHEREAS, under the Standard Rules, all transferees to a new division are covered under the active employee plan in the new division; where the defined benefit plan in the new division is closed to entrants, the accrued defined benefit (based on benefits, service and wages as of transfer date) of transferees is frozen as of transfer date.

WHEREAS, pursuant to Retirement Board action on November 10, 2010, the employing Municipality or court will be allowed, on a one-time irrevocable and uniform basis, to adopt for all its MERS divisions (present and future) an alternate policy which allows all transferred employees an individual choice at the time of transfer to either be placed in: (1) the division’s open plan, or (2) the closed plan if it is the same plan type, provided there are active employees remaining in the plan type.

WHEREAS, this alternate transfer provision applies to transferred employees only; rehired employees will continue to be enrolled into the active plan; and

NOW, THEREFORE BE IT RESOLVED, that effect February 14, 2011, the Governing Body adopts this Resolution (or for a participating court, the Chief Judge by Administrative Order) for all present and future employee divisions requiring that all transferred employees (select only one):

Shall be covered under the active employee plan in the division they are transferred into.

XX Shall be given the individual choice to either be placed in the open plan or the closed division if it is the same plan type (in the division from which the employee is transferred from) provided there are active employees remaining in the closed plan type.

On a roll call vote:

Yeas: Commissioners Postula, Cooper, Knoll, Kinsella, McLean, Moore, Shackleton

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED.

Commissioners Comments

Commissioner McLean stated that he believes the County needs representation on the E.D.C. and that appointments should be for a “term of office”.

Commissioner Postula reminded the Commission that boards have their own by-laws that must be abided by.

Commissioner Knoll thought that there should be a commissioner on all boards to watch the money.

Commissioner Kinsella felt in his opinion, that Richard Timmer was no longer on the E.D.C. Board and office appointments should be for “term of office”.

Having no further business, it was moved by Commissioner Moore, supported by Commissioner Knoll, to adjourn. On a voice voter, the motion carried and the Board did adjourn at 8:25 p.m.

Diane S. Cork, Clerk

Scott Shackleton, Chairman