The Chippewa County Board of Commissioners met in regular session on Monday, October 8, 2012 at 6:00 p.m.  in the Courtroom of the Chippewa County Courthouse.

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

Absent: Commissioner Don Cooper

Also Present:  Frank Blissett, Scott Brand, Evening News, Marjorie Hank,
Chippewa County Treasurer, James Lambros, Judge Elizabeth Church, Chippewa County Prosecutor Brian Peppler, Cami Yeck,
Chippewa County Assistant Prosecutor Dennis McShane, Rob
Stratton, Chippewa County Chief Public Defender, Kathy Cairns,
Administrator Jim German and Cathy Maleport, Chippewa County
Clerk                                                      

Additions/Deletions to Agenda - None

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

Correspondence received in the Clerk’s Office

It was moved by Commissioner Moore, seconded 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 Knoll, seconded by Commissioner McLean, to approve the regular County Board meeting minutes of September 10, 2012 as presented.  On a voice vote, the motion carried.

Public Comments

Administrator’s Report - For informational purposes only.

Standing Committee Reports

Personnel- Commissioner Jim Moore – September 19, 2012

Presentation by Judge Church
Judge Church gave a presentation on her view of restructuring the courts. She wanted to combine the magistrate and Probate Court Administrator/Referee with an appropriate pay increase for that position and an overall savings to the County.

It was moved by Commissioner Moore, seconded by Commissioner Knoll, to combine the Probate Court Administrator/Referee and Magistrate at a level 17 at the ninety day rate ($74,530.10).

It was moved by Commissioner Moore, to modify his motion and strike the word Administrator seconded by Commissioner Knoll to strike the word Administrator, on a voice vote, the motion carried.

35 vs 40 hour work week
The Committee discussed moving all employees to a forty hour work week including salaried employees being paid the same at the 40 hour salaried scale.

It was moved by Commissioner Moore, seconded by Commissioner Knoll, to move all hourly employees not at forty hours to forty hours and all salaried employees to the forty hour salaries scale including the County Administrator and sent it through the budget process for review. On a voice vote the motion carried.

It was noted that this motion was to forward this issue to the budget process.

In was moved by Commissioner Moore, seconded by Commissioner Postula, to accept    the Personnel Committee minutes of September 19, 2012 as presented. On a voice vote, the motion carried.

 Finance, Claims & Accounts – Commissioner Cooper – October 4, 2012

AGENDA ITEMS

BC/BS Renewal
The BC/BS renewal was presented. A discussion ensued. Administrator German noted that another option was being looked at besides the current health plan.

It was moved by Commissioner Postula, seconded by Commissioner Kinsella, to allow the Chair to sign the BC/BS renewal unless another option presented itself that would substantially save dollars and would make for a smooth transition and the Chair and the Administrator agreed, then it would come back before the Commission in November. On a voice vote, the motion Carried.

MOU Veteran Affairs
A request from the Veteran Affairs Counselor was presented. He would like to obain a software program from the State for data collection. The State wil pay for the program.

It was moved by Commissioner Postula, seconded by Commissioner Moore, to approve the MOU with the State for Veteran’s affairs software. The cost of the software would be at no cost to the County. On a voice vote the motion Carried.

EUP Community Corrections Board Bylaws
New bylaws were present for the EUP Community Corrections. These are so the County can continue on its path of moving away from Michigan Works controlling administrative cost.

It was moved by Commissioner Pstula, seconded by Commissioner Moore, to approve the new bylaws for the EUP Community Corrections Advisory Board. On a voice vote, the motion Carried.

Comprehensive Plan and Services Grant (Community Correction)
The EUP Community Corrections grant was presented in the amount of $139,800.00.

It was moved by Commissioner Postula, seconded by Commissioner McLean, to approve the Comprehensive Plan and Services Grant for Community Corrections in the amount of $139,800.00. On a voice vote, the motion carried.

Two Percent Funding Request for the Animal Shelter
A two percent request from the Chippewa County Animal Shelter was presented in the amount of $10,000.

It was moved by Commissioner Postula, seconded by Commissioner __________m on a voice vote, the motion Carried.

Change Order for Renovation Project

County Building Name on Plaque

Travel request for 911

Remonummentation Contracts

Finance

Claims and Accounts
It was moved by Commissioner Postula, seconded by Commissioner Knoll, to recommend the approval of the general fund claims totaling $172,163.71, other fund claims of $795,385.60 payroll of $450,629.21, Health Department claims of $664,879.04, total claims of $2,083,057.56 and vouchers H-1 through H-270.
On a voice vote, the motion Carried.

It was moved by Commissioner Postula , seconded by Commissioner Kinsella, to accept the Finance Claims and Accounts Committee meeting minutes of October 4, 2012 as presented. On a voice vote, the motion Carried.

New Business

A)   Resolution 12-19-UP Area Agency on Aging FY13 Area Plan

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Resolution as follows:

RESOLUTION

U.P. AREA AGENCY ON AGING
FY 2013 AREA PLAN/ANNUAL IMPLEMENTATION PLAN

            WHEREAS, UPCAP, which serves at the U.P. Area Agency on Aging, has developed and is operating under a Multi-Year (FY 2010-2013) Area Plan that provides funding for programs for services to older adults in the Upper Peninsula; and

            WHEREAS, the Multi-year Area Plan has been approved by all 15 counties of the Upper Peninsula; and

            WHEREAS, the U.P. Area Agency on Aging is required to submit an Annual Implementation Plan which updates the Multi-Year Plan; and

            WHEREAS, the UPCAP Board of Directors unanimously approved the proposed, updated Annual Implementation Plan; and

            WHEREAS, each U.P. county is represented by a county official on the UPCAP Board of Directors; and

            WHEREAS, the Annual Implementation Plan also requires review by individual county boards.

            THEREFORE, BE IT RESOLVED that the Chippewa County Board of Commissioners has received and hereby supports the U.P. Area Agency on Aging FY 2013 Annual Implementation Plan.

            BE IT FURTHER RESOLVED that this resolution be submitted to UPCAP and placed on file.

A VOTE WAS TAKEN AS FOLLOWS:

AYES: Commissioners Cooper, Kinsella, Knoll, McLean, Moore, Postula and Chairman Shackleton

NAYS: None 

THE RESOLUTION WAS DECLARED ADOPTED.

B)   Resolution 12-20 – Community Corrections Application

It was moved by Commissioner Moore, seconded by Commissioner Kinsella, to approve the Resolution as follows:

RESOLUTION NO. 12-20

RESOLUTION IN SUPPORT OF application for FY 2013 Community Corrections Program and the SUPPORT OF THE collaborative effort of the Luce, Mackinac and Chippewa County’s Community Corrections.

WHEREAS, the Chippewa County Board of Commissioners have previously passed a resolution that Chippewa County be the fiduciary for the Community Corrections program.

WHEREAS, that the transfer of the fiduciary duties has been transferred from E.U.P. Employment and Training Consortium to Chippewa County; and

WHEREAS, that the cooperation and collaboration of the Community Corrections Program in the E.U.P. between Luce, Mackinac and Chippewa Counties should continue; and

NOW, THEREFORE, BE IT RESOLVED, that Chippewa County Board of Commissioners supports application for FY 2013 Community Corrections Program and the continuation of the collaborative effort of the Luce, Mackinac and Chippewa County’s Community Corrections.

A VOTE WAS TAKEN AS FOLLOWS:

AYES: Commissioners Cooper, Kinsella,  McLean, Moore, Postula and Chairman Shackleton

NAYS:  Commissioner Knoll          

THE RESOLUTION WAS DECLARED ADOPTED.

 C) Resolution 12-21- IGT Authorizing Resolution

It was moved by Commissioner Cooper, supported by Commissioner Moore, to approve the Resolution as follows:

IGT AUTHORIZING RESOLUTION

            WHEREAS, CHIPPEWA County is committed to supporting programs that provide access to appropriate health care services for low-income residents  of all fifteen (15) Upper Peninsula Counties;

            WHEREAS, the Federal government has approved Michigan’s Medicaid State Plan Amendment TN No. 05-13, effective June 1, 2006, which creates an “Indigent Care Agreements Pool” for hospitals qualifying for Medicaid Disproportionate Share (“DSH”) payments to receive DSH payments under the Indigent Care Agreements Pool so long as: (a) the hospital has an Indigent Care Agreement with a local health care entity, such as Medical Care Access Coalition; and (b) the Indigent Care Agreement stipulates that direct or indirect health care services be provided to low-income patients with special needs who are not covered under other public or private health care programs;

            WHEREAS,  Medical Care Access Coalition purposes include promoting, organizing, managing and administering programs to create a system for providing or arranging and paying for health care services in a cost effective manner for persons unable to pay for such health care services;

            WHEREAS, Medical Care Access Coalition has entered into an Indigent Care Agreement with (hospitals to be determined), requiring Medical Care Access Coalition to directly or indirectly operate a program of arranging and paying for health care to low-income individuals with special needs who are not covered under other public or private health care programs and who are unable to pay for such services;

            WHEREAS, both the Federal government and the State of Michigan participate in the financing of the Indigent Care Agreements Pool, with the Federal government matching the State’s portion pursuant to the Federal medical assistance percentage formula;

            WHEREAS, certain intergovernmental transfers of public funds from Chippewa County may be made to the State of Michigan to be used as the State’s share in claiming the Federal match.

            NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners hereby authorizes intergovernmental transfers in an amount of $103,177.00 annually, to the State of Michigan for the purpose of participating in the financing of the non-federal share of DSH payments made under the Indigent Care Agreements Pool to Medical Care Access Coalition, so long as Medical Care Access Coalition maintains a current Indigent Care Agreement with (hospitals to be determined).

            BE IT FUTHER RESOLVED, that this resolution shall be effective commencing on October 1, 2012 and ending September 30, 2013.

A VOTE WAS TAKEN AS FOLLOWS:

AYES:  Commissioners Cooper, Kinsella, Knoll, McLean, Moore, Postula and Chairman Shackleton

NAYS:  None 

THE RESOLUTION WAS DECLARED ADOPTED.

 D) Resolution 12-22 – Opting Out of the Requirements of PA 152 of 2012

It was moved by Commissioner Moore, supported by Commissioner Kinsella to approve the Resolution as follows:

 
RESOLUTION NO. 12-22
Resolution Opting Out of the Requirements of PA 152 of 2011

Whereas, bargaining is strictly the responsibility of the county commission on behalf of the good citizens it serves; and

Whereas, PA 152 of 2011 erodes the responsibilities of duly elected local county commissioners and the trust held between those commissioners and their constituents; and

Whereas, PA 152 of 2011 constitutes an attempt by the legislature to dictate the terms on which counties bargain with their employees; and

Whereas, PA 152 of 2011 is a new foray by the state into dictating the terms of healthcare at the local level; and

NOW THEREFORE BE IT RESOLVED, that pursuant to the provisions of PA 152 of 2011, Section 8(1), Chippewa County exercises its right to opt out of the requirements of the Act for the plan year beginning January 1, 2013 by two-thirds majority vote of this Board in support of this resolution.

A VOTE WAS TAKEN AS FOLLOWS:

AYES:  Commissioners Cooper, Kinsella, Knoll, McLean, Moore, Postula and Chairman Shackleton

NAYS:  None 

THE RESOLUTION WAS DECLARED ADOPTED.

 E) Resolution 12-23 – EUP Regional Planning – ORV Trail Study

 It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to approve the Resolution as follows:

RESOLUTION NO. 12-23

RESOLUTION OF SUPPORT
FOR THE EASTERN U.P. REGIONAL PLANNING AND DEVELOPMENT COMMISSION PROPOSAL TO THE HIAWATHA NATIONAL FOREST
 RESOURCE ADVISORY COMMITTEE (RAC)
FOR AN ORV TRAIL STUDY IN CHIPPEWA AND MACKINAC COUNTIES

WHEREAS, Chippewa County desires to promote outdoor recreation in Michigan’s Upper Peninsula;

WHEREAS, Chippewa County is interested in promoting economic development through tourism activity;

WHEREAS, Chippewa County desires to promote responsible off road vehicle recreation;

WHEREAS, Chippewa County is interested in offering increased recreational opportunities for off road vehicle riders in the Eastern Upper Peninsula;

WHEREAS, Chippewa County desires to make Chippewa County and its townships a prominent destination for off road vehicle riders;

NOW, THEREFORE, BE IT RESOLVED, that Chippewa County supports the Eastern U.P. Regional Planning & Development Commission’s proposal for funding through the Resource Advisory Committee (RAC) for an ORV trail study within the Hiawatha National Forest East Unit in Chippewa and Mackinac County’s.

A VOTE WAS TAKEN AS FOLLOWS:

AYES:  Commissioners Cooper, Kinsella, Knoll, McLean, Moore, Postula and Chairman Shackleton

NAYS:   None 

THE RESOLUTION WAS DECLARED ADOPTED.

F) Resolution 12-24 SORVA – Trail #1 & Trail #2

It was moved by Commissioner Cooper, seconded  by Commissioner Knoll, to approve the Resolution as follows:

RESOLUTION  NO. 12-24

RESOLUTION OF SUPPORT
FOR THE CHIPPEWA COUNTY
SPORSMENT OFF ROAD VEHICLE ASSOCIATION
PROPOSALS FOR TWO TRAILS IN CHIPPEWA COUNTY.
TRAIL #1 RUNNING FROM STRONGS CORNERS TO BRIMLEY AND
TRAIL #2 RUNNING FROM STRONGS CORNERS TO TROUT LAKE

WHEREAS, Chippewa County desires to promote outdoor recreation in     
Michigan’s Upper Peninsula;

WHEREAS, Chippewa County is interested in promoting economic development
through tourism activity;

WHEREAS, Chippewa County desires to promote responsible off road vehicle
recreation;

WHEREAS, Chippewa County is interested in offering increased recreational
opportunities for off road vehicle riders in the Eastern Upper Peninsula;

WHEREAS, Chippewa County desires to make Chippewa County and its
townships a prominent destination for off road vehicle riders;

NOW, THEREFORE, BE IT RESOLVED, that Chippewa county supports the
Sportsmen Off Road Vehicle Association’s proposals to have the Michigan 
Department of Natural Resources designate Trail #1 and Trail #2 as
official DNR sponsored and maintained trails for off road vehicles.

A VOTE WAS TAKEN AS FOLLOWS:

AYES:  Commissioners Cooper, Kinsella, Knoll, McLean, Moore, Postula and Chairman Shackleton

NAYS:  None 

THE RESOLUTION WAS DECLARED ADOPTED.

Commissioners Comments

Commissioner Kinsella stated that he believes it is important to identify Mr.  Mattson and thanked him for his comments.

Chairman Shackleton noted one of the goals that the Board did agree on was that they take a look at the Courthouse windows and try to find a way to make them at least more energy efficient.

Commissioner McLean stated that they are waiting for the air conditioners to come out of the windows as that is the only way they will get a valid test.

Chairman Shackleton added, “I think what you’ll find is that some of them are bad and some are terrible.”

Commissioner Cooper noted, in the interim, if you latch the windows down you could save a lot of wind coming through. Further explaining,  that every window  he looked at during the winter was unlatched.

Having completed all the agenda items, it was moved by Commissioner Moore, seconded Commissioner McLean to adjourn. On a voice vote, the Board did adjourn at 6:45 p.m.

Respectfully submitted,

Catherine C. Maleport, Clerk                                

Scott Shackleton, Chairman