The Chippewa County Board of Commissioners met in regular session on Monday, June 13, 2011 at 6:22 p.m. (immediately following the Truth & Taxation Public Hearing) in the Circuit Courtroom of the Chippewa County Courthouse.

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

Also Present: Jim and Michele Traynor, Mark and John Lechner, Equalization Director Sharon Kennedy, Sheriff Robert Savoie, Frank Blissett, County Treasurer Margie Hank, Scott Brand, Deputy Administrator Kelly Church, Administrator Jim German and County Clerk Diane Cork

Additions/Deletions to the Agenda

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

Correspondence Received in the Clerk’s Office

It was moved by Commissioner Cooper, supported by Commissioner Knoll, 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 – May 9, 2011

It was moved by Commissioner McLean, supported by Commissioner Moore, to approve the County Board minutes of May 9, 2011 as prepared by the Clerk. On a voice vote, the motion carried.

Public Comments

Mark Lechner spoke to the Commission about an incident that occurred on May 22, 2011 involving the Chippewa County Sheriff’s Department, State Police and the Lechners.

John Lechner questioned a date on an order issued by a local judge and the confiscation of a piece of equipment owned by John Lechner.

Old Business

None

Administrator’s Report – Jim German – Informational purposes only

Standing Committee Reports

Personnel – Jim Moore – 5-19-2011

Administrator German explained that a doctor affiliated with ICE had been up last month to review files. A previous audit suggested that documentation standards were not being met. Sheriff Savoie and Administrator German explained that documentation standards were becoming more stringent and that the current doctor may not have the necessary time to meet the standards. A quote had been received from a Jail Medical Services company that services many counties across the State including Marquette and Mackinac Counties. This company assumes liability for all insurance claims, and would only pass meds twice a day instead of the five times that we currently do. The cost would be approximately 100k more that what is currently being paid, but we may save on staff and transportation costs. Administrator German suggested finding a part-time nurse, possibly from CCHD, to help with the documentation standards.

It was moved by Commissioner Moore, supported by Commissioner Knoll, to hire a contractual nurse, at a cost not to exceed $12,000 per year, with the money for this year coming from the Fund balance.

Discussion was held on the housing of federal prisoners, the documentation problem in the jail and the delay in receiving the ICE report.

On a voice vote, the motion carried with Commissioner Cooper voting no.

Administrator German introduced a new plan presented from Don Wilson for supplemental life insurance as a benefit for the County just awarding its short term/long term life insurance policy to Cigna. Twenty percent of the employees would have to voluntarily sign up for it to become effective. No physical would be required and pre-existing conditions would not be a problem. There would be no cost to the County.

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

Chairman Moore and Commissioner McLean had asked that the Administrator’s contract be brought up for review and possible changes. Specifically mentioned were to change the terms so that when the Administrator negotiates enhanced benefits for County employees, he would not get those same benefits. The duration of the contract was discussed as well as the Administrator being entitled to the same health insurances that other county employees have. Language was inserted addressing all three concerns. The Administrator would pay twenty percent of all health care premiums, any benefits he negotiates for other employees he would not be entitled to and the duration of the contract was extended to four (4) years.

It was moved by Commissioner Moore, supported by Commissioner Kinsella, to approve the contract.

Discussion was held on vacation days, health insurance and extra benefits and pay increases.

It was moved by Commissioner McLean, supported by Commissioner Cooper, to amend the original contract from four years to two years.

Discussion ensued.

On a voice vote:

Yes: Commissioners Cooper, McLean and Knoll

No: Commissioners Kinsella, Postula, Moore and Shackleton

Motion failed.

It was moved by Commissioner Cooper, supported by Commissioner McLean, to amend the motion to strike the health care benefits.

On a voice vote:

Yes: Commissioners Cooper and McLean

No: Commissioners Postula, Moore, Knoll, Kinsella and Shackleton

Motion failed.

On a voice vote on the original motion to approve the contract:

Yes: Commissioners Moore, Kinsella, Postula, Knoll and Shackleton.

No: Commissioners Cooper and McLean

The motion carried.

Having no further action items, it was moved by Commissioner Moore, supported by Commissioner Knoll, to accept the minutes of the May 19, 2011 report. On a voice vote, the motion carried.

Personnel – June 1, 2011

Administrator presented a new Policy #223 at the request of the Personnel Committee to prevent raises in salary and benefits given to non-union employees from also applying to elected officials. Elected officials would have to be given separate consideration by the Commission for salary and benefit increases.

It was moved by Commissioner Moore, supported by Commissioner Postula, to approve the new Policy #223. On a voice vote, the motion carried.

Administrator German presented the new dispatcher contract for the Committees approval. Noted highlights were zero percent wage increases for the duration of the contract; new employees would fall into the hybrid plan and pay twenty-percent of their health care premium. Employees were given an additional personal day and an increase in shift premium.

It was moved by Commissioner Moore, supported by Commissioner Kinsella, to approve the dispatcher contract. On a voice vote, the motion carried.

It was noted that 911 Director Tim McKee requested to fill two vacant part-time positions.

It was moved by Commissioner Moore, supported by Commissioner Knoll, to approve the two part-time hires at 911 and to fix the wage scale for new part-time employees at a rate of ten dollars per hour and twelve dollars per hour after training. On a voice vote, the motion carried.

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

Equalization – George Kinsella – no meeting

Health & Social Services – Ted Postula – no meeting

Building, Grounds & Jail – Don McLean – 5-25-2011 & 6-7-2011

5-25-2011

No action items necessary.

It was moved by Commissioner McLean, supported by Commissioner Moore, to accept the report as given.

Discussion was held on cutting costs for the City/County Building project, keeping the City Police Department in the City/County Building, and the unofficial appraisal of the Courthouse Annex.

On a voice vote, the motion carried.

6-7-2011

Administrator German gave a brief update of the communications since the prior meeting including discussions on the performance bonding and the updated design of the project. Jon Zander then addressed the Committee regarding the mechanical, electrical and structural packages that have been brought back into line with the original intent of the project. The plan for the project is to re-bid all the packages after the July 4th holiday with a 3 ½ week working period for the contractors, prior to the due date.

Gundlach Champion also addressed the payment/performance bonds and the prevailing wage issues for the local contractors’ and has found options to eliminate the issues brought up at the previous meeting. Bob Van Putten addressed the committee regarding the design discussing items in the items which most exceed the intent of the project; mechanical, fire protection, the HVAC system, as well as, miscellaneous items including the bumper guards, display cases and crash guards.

It was moved by Commissioner McLean, supported by Commissioner Moore, to move ahead with the Design/Build with updates as provided by Landmark Design and Gundlach Champion and to eliminate the payment/performance bonds and the prevailing wages for the local contractors, re-bid the whole project after July 4th, and to give a 3 ½ week work period prior to the bids being due.

Discussion was held on new bids, doing the original project as outlined, City Police Department staying in the building and giving them more new space, the changes on the original project, the Annex and Design/Build.

It was moved by Commissioner Kinsella, supported by Commissioner Moore, to amend the original motion that the Chair and the Administrator negotiate a long term lease to accommodate the City Police, expand their space if they need more, and once that is negotiated, bring back to the Board, drop the FOC, Public Defender and IT Department renovations from the package and keep the Annex. In addition, the Public Defender can remain in the Annex dropping the need for more Sheriff Department locker room renovations and all those things. This would include keeping the Annex. The savings would be in excess of $600,000 bringing the total cost of the project down quite a bit.

It was noted by Commissioner Kinsella that the County may have to spend a little more on additional design, $5,000-$10,000.

Discussion was held on a fair market agreement with the City Police Department and trying to negotiate a long term lease with them.

Commissioner Cooper thought the process makes the County Board look foolish.

Commissioner McLean stated that sometimes you have to cut your losses (Annex) and not get your money back at the time. Now, the county has the whole building (City/County Building) and has to operate both ends of the building. He would like to see the Annex sold and go ahead the original project with the changes that have been made.

Commissioner Knoll stated that fixing roof and sheetrock in the Annex will be costly.

Commissioner Kinsella thought that by re-bidding, the local contractors will have another crack at the project and there will still be a savings.

Chairman Shackleton stated that he has two motivations; 1) spend less money, and 2) keep the City Police where they are.

Commissioner Moore is concerned where MSU will be moving as the space on the 3rd floor of the Courthouse is not sufficient. He was not happy with not moving the Public Defender to the City/County building. He was concerned with the showers at the Sheriff Department and was in favor or keeping the Annex for storage.

Discussion was held on the roof on the Annex building.

On the amendment to the original motion:

As stated by Chairman Shackleton to clarify the motion:

To make a number of changes including the accommodation of the City Police for long term accommodations and negotiating a long term contract with them including keeping the Annex building and moving fewer people over.

On the vote to amend the original motion:

Yes: Commissioners Cooper, Kinsella, Moore, Shackleton

Nay: Commissioners Knoll, McLean, Postula

The motion carried.

On the original motion as amended:

Discussion was held on down scaling the project and keeping the Annex.

Yes: Commissioners Kinsella, Moore, McLean, Shackleton

Nays: Commissioners Knoll, Cooper, Postula

The motion carried.

The Committee was provided with studies from both Century 21 and Smith and Company to help determine the value of 300 Court Street. Assumptions and projections were used to determine the values. Both realtors wanted to make it clear that the documents were not appraisals.

It was moved by Commissioner Knoll, supported by Commissioner Moore, to place the values prepared by the realtors on file. On a voice vote, the motion carried.

Having completed the report, it was moved by Commissioner McLean, supported by Commissioner Postula, 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 – No meeting

Finance, Claims & Accounts – Don Cooper – 6-9-2011

FY 2010 Audit

The finalized audit report was presented for approval.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the FY 2010 Chippewa County audit report from Anderson Tackman and place the audit on file with the Bayliss Library and on the Chippewa County website. On a voice vote, the motion carried.

BC/BS County Inmates Administrative Services Renewal

The BC/BS inmate administrative renewal was presented for July 2011 to June 2012.

It was moved by Commissioner Cooper, supported by Commissioner Knoll, to approve the inmate administrative service agreement with BC/BS. On a voice vote, the motion carried.

Furniture Purchase for District Court

Administrator German noted that the City had taken furniture from District Court and that an emergency purchase was needed to replace the furniture. The total amount of the furniture would not exceed $3,524.00.

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the emergency purchase of furniture for District Court in the amount of $3,524.00. On a voice vote, the motion carried.

Finance

It was moved by Commissioner Cooper, supported by Commissioner Moore, to recommend approval of general fund claims totaling $320,838.84; other fund claims of $1,528,391.70; payroll of $446,719.10; health department claims of $498,211.83 for total claims of $2,794,221.47. 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

a. Resolution 11-10 – Imposing 2011 Property Tax Levy

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

RESOLUTION IMPOSING 2011 PROPERTY TAX LEVY PURSUANT TO

MCL 211.24e, 211.34, 211.34d, 211.36, 211.37, and 211.44a, 141.142

AND NOTICE OF CERTIFICATION OF 2011 COUNTY TAX LEVY

WHEREAS, CHIPPEWA County is authorized under the General Property Tax Act, Public Act 206 of 1893, as amended, to levy and collect its allocated and voted property taxes; and

WHEREAS, the General Property Tax Act has been amended by Public Act 357 of 2004, being MCL 211.44a, to require each Michigan County to levy and collect its allocated millage in the summer;

NOW, THEREFORE, BE IT RESOLVED, that pursuant to Public Act 357 of 2004, 6.15 mills, which is the County allocated millage, after application of the “Headlee” millage reduction fraction, shall be levied and collected on July 1, 2011, and

BE IT FURTHER RESOLVED, that the FIRE’AMBULANCE millage of .4275 mill, the Road millage of .9879 mill, the Recycling Programs millage of .5000 mill, the Jail millage of .6000 mill, and Senior Programs millage of .4994 mill, to which the county is entitled, after application of the “Headlee” and other applicable millage reduction fractions, will be levied and collected on December 1, 2011, and

BE IT FURTHER RESOLVED, that the Treasurer of each city, village and township in CHIPPEWA County is directed to account for and deliver the County tax collections for 2011 in accordance with the provisions of statute pertaining to such collections; and

BE IT FURTHER RESOLVED, that this Resolution, constitutes certification of the levy of the County millages as above described and as set forth on the attach 2011 TAX RATE REQUEST (L4029); and

BE IT FURTHER RESOLVED, that the County Clerk shall deliver a copy of this Resolution by first class mail to the Treasurer of each city, village and township in CHIPPEWA County.

On a roll call vote:

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

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED

b. Letter of Support – Frontier Kinross, LLC

It was moved by Commissioner Moore, supported by Commissioner McLean, to send a letter of support for Frontier, Kinross, LLC for the modified air quality Permit to Install, identified as No. 166-09A. On a voice vote, the motion carried.

c. Consider Resolution re: Consolidation of the Regional Planning Enabling Acts

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

RESOLUTION REGARDING THE CONSOLIDATION

OF THE REGIONAL PLANNING ENABLING ACTS

WHEREAS, a local planning at the city, village, township and county level in Michigan is governed by the Michigan Planning Enabling Act of 2008, and

WHEREAS, the Michigan Association of Planning and Michigan Association of Regions is proposing legislation for the performance of regional planning in Michigan, and

WHEREAS, the Michigan Association of Planners and the Michigan Association of Regions both have an interest in seeing the Regional Planning Enabling Legislation is fair, comprehensive, and protects and preserves the rights of the citizens of each of the regions, and

WHEREAS, the regional boundaries are defined by the U.S. Department of Commerce Economic Development Administration as the boundaries of the EDA’s Economic Development Districts, and

WHEREAS, the Regional Planning Commissioners/Councils of Government were established by local units of government to address the needs of the local units of government, and

WHEREAS, Michigan Association of Regions represents the fourteen Regional Commissions and Councils of Government,

THEREFORE, be it resolved that the Upper Peninsula Association of County Commissioners (UPACC) feel that the local units of government as represented by Michigan Association of Regions should be equal participants in the consolidation of the Regional Planning Enabling Legislation, and

BE IT FURTHER RESOLVED, that it is the opinion of the Upper Peninsula Association of County Commissioners that any changes in the boundaries of the regions, at the state or federal level, should be made in collaboration with local units of government who make up the membership of each Regional Planning Commission or Council of Governments in accordance with state and federal law.

On a roll call vote:

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

THE RESOLUTION WAS DECLARED ADOPTED.

d. Appointment to Regional Solid Waste Planning Committee (County Commissioner}

Chairman Shackleton appointed Jim Moore to this committee

Commissions Comments

None

It was moved by Commissioner Cooper, supported by Commissioner Moore, to adjourn. On a voice vote, the motion carried and the Board did adjourn at 8:23 p.m.

Diane S. Cork, Clerk

Scott Shackleton, Chairman