CHIPPEWA COUNTY
BOARD OF COMMISSIONERS

Regular Session
May 13, 2013

The Chippewa County Board of Commissioners met in regular session on Monday, May 13, 2013 at 2:00 p.m. in the 91st District Courtroom of the Chippewa County Building.

Present: Commissioners Don Cooper, George Kinsella, Don McLean,
Ted Postula and Chairman Scott Shackleton.

Absent: None

Also Present: Scott Brand, Evening News, Sheriff Robert Savoie, Chippewa County Treasurer Margie Hank, Dave Martin, Kelly Church, Jennifer Pierce, Undersheriff Mike Bitnar, Kathy Cairns, John Willis, Naomi Nelson, Tim McKee, Ryan Hering, Jordan Perry, Jereme Daniels, Cody Mayer, Bud Willis, Administrator Jim German and  Cathy Maleport, Clerk.  

ADDITIONS AND DELETIONS TO THE AGENDA

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, 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 Postula, seconded by Commissioner Cooper, 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, seconded by Commissioner Kinsella, to accept the regular County Board meeting minutes of April 8, 2013 as presented. On a voice vote, the motion carried.

PUBLIC COMMENTS

Scott Brand apologized for being late and thanked Jim German for providing him with  a copy of the agenda.

Old Business

BOARD OF HEALTH APPOINTMENT
Expires: 12-31-2013

Candidates: Michael Millette, Thomas L. Farnquist, Sr., Bradley L. Ormsbee,
James Traynor and James A. Bias

On a roll call vote:
Commissioner Cooper       -           Michael Millette
Commissioner Kinsella      -           Tom Farnquist, Sr.
Commissioner McLean      -           Tom Farnquist, Sr.  
Commissioner Postula       -           James Bias
Chairman Shackleton        -           Tom Farnquist, Sr.

Tom Farnquist, having received the majority,  was appointed to the Board of Health for a term to expire December 31, 2013.

Administrator’s Report:  For informational purposes only.

Standing Committee Reports

Personnel, Equalization and Apportionment/Transportation/Health and
Social Services Committee - Commissioner Kinsella - April 23, 2013

Sheriff Vacancy Request

The Committee received a request to fill two vacancies that have occurred recently and are included in the FY13 budget; one position in the jail and the other with the Straits Area Narcotics Enforcement Team. Cody Mayer who has been with the County part-time for almost five years has been selected to fill the Corrections position in the jail. Ryan Hering has been selected for the S.A.N.E. Road Patrol position; Mr. Hering is a State of Michigan certified police officer and has worked for the County for the past three and a half years. It was requested that the hire dates take effect on May 12, 2013.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to approve the hiring of Cody Mayer, as a Corrections Officer and Ryan Hering, as the S.A.N.E. Road Patrol Officer effective May 12, 2013. A discussion took place which included    a hiring freeze, controlling costs through attrition, growth trend, only filling one position and the budget.

On a voice vote, the motion carried with Commissioner Cooper and McLean voting Nay.

Hiring Freeze Exploration

Administrator German sought the Committee’s approval to explore a County Hiring Freeze through Michigan Association of Counties, as well as, legal opinions.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to approve the Administrator to explore a County Hiring Freeze.

A discussion ensued. It was noted that if a hiring freeze was in place, positions would not be automatically filled when they become vacant; it would come to the Commission for consideration. The Board would look at individual cases/positions, review them very closely,   and decide if that is a position that needs to be filled or could be put off.

 On a voice vote, the motion carried with Commissioner Cooper voting Nay.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to accept the Personnel/Equalization/Health and Social Services Committee minutes of April 23, 2013 as presented. On a voice vote, the motion carried.

Finance, Claims and Accounts Committee  Commissioner Cooper – May 9, 2013

Correspondence and Informational Items

The Committee received the monthly Treasurer’s report, the monthly travel report, and information on a June 10th Public Hearing for MSHDA. Administrator German asked that his  travel be approved that was listed on the monthly travel report. Chairman Cooper asked that the Administrator’s travel be listed as an agenda item and that the travel be presented at Monday’s Board meeting. (See attached)

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, that the travel, requested by the Administrator, be approved.

On a voice vote, the motion carried with Commissioner Cooper voting Nay.

AGENDA ITEMS

Health Department and EDC FY13 Allocation Adjustments

The Committee received the information and backup documentation regarding the budgetary adjustments that were necessary due to the health insurance changes made during the FY13 Budget process, with assumptions of certain savings being made by the Health Department and EDC. These savings were not met and the County Board is now making both the agencies whole, based on the previously approved budgeted dollars.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve the FY13 budget allocation increase to the Chippewa County Health Department of $15,093.16; for a total FY13 allocation of $95,093.16; and to approve the FY13 budget allocation increase to the Chippewa County EDC of $28,433.04; for a total FY13 allocation of $28,433.04, and approve the budget amendments regarding this motion.  On a voice vote, the motion carried.

Medical Examiner Investigator Contracts

The Committee received copies of renewal contracts for Medical Examiner Investigator for both Thomas McBryde and Michael Bitnar; who would provide medical examiner services as needed at the request of the Medical Examiner. The rate of pay for Mr. McBryde would be $125.00 per episode plus mileage, workers compensation, unemployment compensation and FICA. There would be no per episode payment made to Undersheriff Bitnar, as he is a salaried employee of Chippewa County. The Committee was also made aware of a third agreement for Medical Examiner Investigator that is being processed for approval by the Michigan State Police; which will be submitted for approval at a later date.

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Medical Examiner Investigator contracts as presented for Thomas McBryde, with a $125.00 per episode plus fringe cost and a contract for Undersheriff Michael Bitnar, with no additional compensation.  It was noted that Mr. McBryde currently has employee status.

On a voice vote, the motion carried.

Blue Cross Blue Shield Inmate Renewal

The Committee received a copy of the renewal Administrative Services Contract (ASC) for the term of July 2013 through June 2014, with Blue Cross Blue Shield. It was noted that the Administrative Fees would not increase and still be at the 11% per contract. Commissioner Shackleton asked that Employee Benefits be contacted to get additional options for future Inmate health care contracts.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve Blue Cross Blue Shield Administrative Services Contract for Chippewa County Inmates for a term of July 2013 through June 2014 as presented. A discussion ensued. Chairman Shackleton suggested that employee benefits could possibly provide us a savings.

It was moved by Commissioner McLean, seconded by Commissioner Postula, that this vote be tabled for one month. On a voice vote, the motion carried.

2011 Homeland Security Grant Program

The Committee received a copy of the 2011 Homeland Security Grant Program Interlocal Funding Agreement between Houghton County and Chippewa County for review and approval. The purpose of outlining  the relationship and responsibilities between the Fiduciary (Houghton County) the Grantee (County of Chippewa) and the Region 8 Planning Board, regarding use of grant funds, purchases, tracking of equipment purchased, purchase/reimbursement of services with Grant Program funds, and/or reimbursements for certain salaries and/or overtime with Grant Program funds.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve the 2011 Homeland Security Grant Program Interlocal Funding Agreement between Houghton County and Chippewa County as presented.  On a voice vote, the motion carried.

Mailing Machine Pitney Bowes Lease

The Committee reviewed a proposal from Pitney Bowes to replace the current mail machine with a DM400c Digital Mailing System at the cost of $138 per month; we currently pay $127.45 monthly. The Proposal is a sixty month lease which includes installation, service contract, training, updates with lower costs for supplies than we are currently paying.

It was moved by Commissioner Cooper, seconded by Commissioner Postula, to approve the sixty (60) month lease from Pitney Bowes for a DM400c Digital Mailing System with a 5# scale, maintenance, installation and rates updates at the cost of $138 per month. On a voice vote, the motion carried.

RFQ - Snowmobile Trailer

The Committee reviewed the request for quotations for a Snowmobile Trailer to be used by the Sheriff’s Department to be released on May 14, 2013. The trailer will be paid from the snowmobile donation fund, and will have an approximate cost of $5,000.

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the release of the Sheriff Department Snowmobile Trailer RFQ. On a voice vote, the motion carried.

Sheriff’s Department Request from Personnel

The Committee reviewed the motion from the Personnel Committee meeting held on April 23, 2013, and is a follows:

“It was moved by Commissioner McLean, supported by Commissioner Postula, to forward to Finance, two options:

1) Hire four full-time officers (using the four staff who would potentially get   promoted):

 

Current Monthly

Proposed

Salary

7,673.34

$12,133.33

Health

$0.00

$5,424.00

Retirement

$0.00

$613.95

STD/LTD

$0.00

$153.16

W/C

$246.49

$488.97

Total

$7,919.83

$18,813.41

Annual Difference

$130,722.96

 

 

 

 

 

2) Offer Health Insurance to four part-time staff; using exemption of the law.

Single Cost:

$485.34 X 2 =

$970.68

month

 

Two-person plan:

$1,094.81 X 2 =

$2,189.62

month

 

 

 

 

Total $3,160.30

month

Annual Cost

$37,923.60

 

 

 

Fee/penalty for exemp

$12,000.00

 

 

 

Annual Difference

$49,923.60

 

 

 

 

 

 

 

 

These options would be paid from the fund balance, Administrator German would seek legal advice regarding discrimination, on which part-time staff would be selected to receive health insurance coverage.

Commissioners reviewed the issues regarding Affordable Health Care, and the other options regarding part-time staff covering hours in the Jail. Commissioner Shackleton reviewed expenses and revenues from 2006 to 2012 showing the expenses of the jail doubling and the revenue only increasing by approximately $100,000. Commissioner Shackleton noted these types of trends cannot continue. Commissioner Cooper noted that the jail expansion is not making a profit, as it was supposed to, and that the current budget is already in the hole and estimated $300,000, and that the County cannot sustain at this expenditure rate. Sheriff Savoie addressed the Committee regarding the current situation and how the jail staff is top heavy with part-time staff. Discussion also included the proposed millage, medical expenses, gas prices and the average daily bed count.

It was moved by Commissioner McLean, seconded by Commissioner Postula, to allow four part-time employees in the jail to work above the 30 hours, per week, for the remainder of this year; and offer them Health Insurance starting January 1st 2014 in compliance with all laws and regulations. A discussion ensued.

On a voice vote, the motion carried, with Commissioner Cooper voting Nay.

Service Agreement between EUP Regional Planning & Chippewa County
The Committee received a copy of a service agreement between EUP Regional Planning Commission and Chippewa County for review and approval. The Committee first addressed the GIS 2013 Fee Schedule, which was previously presented to the Finance Committee, with no action taken; the fees had not been approved by the Board of Commissioner’s during the FY13 budget process. The rates have been reduced, since the information is date. (See attached)

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Chippewa County GIS 2013 Fee Schedule. Commissioner Cooper noted that there were fees in the budget they did and that the fees are going down because the data is dated.

On a voice vote, the motion carried.

The Committee then addressed the service agreement to establish a coordinated effort and partnership with respect to the development and on-going operation of a common Geographic Information System (GIS). EUPRPDC will provide GIS support to County Departments and local Townships located with Chippewa County. The County and EUPRPDC will combine funding and staff resources and share common information required to create a successful County GIS. The service agreement has been a work in progress, and Administrator German noted three items that needed to be discussed and changed.  Discussion and changes to the agreement were made and noted by Nathan Fazer.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to accept the Amended Service Agreement between EUP Regional Planning & Development Commission and Chippewa County. On a voice vote, the motion carried. (See attached)

Senior Services and Programs Millage Renewal Langquage

Senior Services Director Donn Riley and Johann Ingold briefly addressed the Committee regarding their request for language approval for the Senior Services and Programs Millage renewal.  Mr. Riley updated the Committee on the increased number of meals served over the past three years, with Meals on Wheels increasing 39%, and site meals increasing 20% and an additional Center being opened in Kincheloe. Commissioner Shackleton stated he thinks the renewal should be voted on in November, during the General Election.

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Senior Services and Programs Millage Renewal Proposal language for the August primary as follows:

CHIPPEWA COUNTY
SENIOR SERVICES and PROGRAMS MILLAGE RENEWAL PROPOSAL
(This proposal, if approved by the voters, will permit the County to continue the millage previously authorized for Senior Services and Programs within the County)
Shall the expired previously voted increase in the tax limitation imposed under Article IX, Section 6 of the Michigan Constitution on general ad valorem taxes within Chippewa County Michigan of .5 mill ($0.50 per $1,000 of taxable value) which was reduced to .4994 mill by the required millage rollbacks, be renewed at .4994 mill ($0.4994 per $1,000 of taxable value) for a period of four years, being 2013, 2014, 2015, and 2016, inclusive for the purpose of providing operating funds to continue Chippewa County Community Action Agency’s Senior Meals and Chippewa County Community Action Agency’s Senior Services in Chippewa County, thereby raising in the first year (2013) an estimated $544,500?

A discussion ensued which included this proposal being on the November ballot rather than the August Primary ballot.

On a voice vote, the motion carried.

FINANCE
Claims and Accounts

The Committee reviewed the bills and payroll presented for approval.

It was moved by Commissioner Cooper, seconded by Commissioner Postula, to recommend the approval of the general claims totaling $404,833.50, other fund claims $3,878,322,.87, payroll of  $444,396.54 and Health Department claims of $458,465.95, total claims of $5,186,018.86 and voucher H-1 through H-480.

On a voice vote, the motion carried.

Budget Amendments

The Committee reviewed the budget amendments presented for approval. Chairman Cooper noted the differences in the revenue versus expenditures, with the increase expenditures being $96,400 higher than the increase to revenue.

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

Revenue

 

Original

Amended

Change

 

101-000-613.285 G/F

Plat Books

$1,800.00

16,800.00

15,000.00

New Plat Books

101-000-676.301 G/F

Ins Reimb.

$14,000.00

15,300.00

1,300.00

Reimb. Equip.

211-000-680.000 OES

Other Rev

42,000.00

54,500.00

12,500.00

Reimb/Reg Planning

258-000-678.229

Prosecutor

0

1,200.00

1,200.00

Funds Received

Expenditures

 

 

 

 

 

101-131-979.00 G/F

Circuit Equip

1,250.00

63,550.00

62,300.00

JAVS System

101-148-807.000 G/F

Probate Prof

0

4,000.00

4,000.00

Court Appointed Atty

101-174-801.000 G/F

I.S. Profession

1,000.00

4,000.00

3,000.00

D.P. Services

101-285-903.000 G/F

Plat Books

0

42,100.00

42,100.00

New Plat Books

101-301-742.000 G/F

Sheriff Gas/Oil

114,000.00

115,300.00

1,300.00

Reimbursed Equip

211-000-801.000 OES

Professional

0

12,500.00

12,500.00

Reg. Planning

258-000-979.301 Drug Forf. Equipment

 

2,900.00

4,100.00

1,200.00

Equipment

 

 

 

 

 

 

 A discussion ensued. On a voice vote, the motion carried.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella  to accept the Finance minutes of May 9, 2013 as presented. On a voice vote, the motion carried.

New Business

A)        Resolution 13-04 – Special Recognition Anthony Bosley       

It was moved by Commissioner Cooper, seconded by Commissioner Postula to accept Resolution 13-04 as follows:      

 

SPECIAL RECOGNITION
RESOLUTION
13-04

Anthony Bosley

WHEREAS, Anthony Bosley  was hired to the position of Building Inspector and then advanced to not only the Building Official but also elected to the Chippewa County Drain Commissioner, a position he still holds; and

WHEREAS, Anthony Bosley served the residents of Chippewa County for over eighteen years; and

WHEREAS, Anthony Bosley served the community through his association not only with his office but also with the Township and Local Officials; and

WHEREAS, Anthony Bosley served the citizens of Chippewa County from February of 1995 until his retirement on April 1, 2013.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the Chippewa County Board of Commissioners respectfully dedicates this document to honor and thank Anthony Bosley for his many years of public service and particularly for his work in with the Building Inspector’s Office.

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

A roll call vote was taken as follows:

Yeas:  Commissioner Cooper, Kinsella, McLean, Postula and Chairman Shackleton

Nays:  None

THE RESOLUTION WAS DECLARED ADOPTED

B Resolution 13-05 – Michigan Public Service Commission

It was moved by Commissioner McLean, seconded by Commissioner Kinsella,  to accept Resolution 13-05 as follows:

 

Michigan Public Service Commission
Resolution 13-05
Whereas, the Chippewa County ("County") Board of Commissioners ("Board") held the authority under 2007 PA 164, which amended Michigan's Emergency 9-1-1 Service Enabling Act, being MCL 484.1101 et seq, as amended ("9-1-1 Act") to set a default county 9-1-1 surcharge cap ("default surcharge cap") on all communications devices of residents within the County under Section 401 e(l) and (2) of the 9-1-1 Act, being MCL §484.1401e(l) and (2) provided the Board acted before February 15, 2008 and the Michigan Public Service Commission ("MPSC") approved the rate set:
Whereas the Board and MPSC approved default surcharge cap set for July 1, 2008 may thereafter only be exceeded upon an authorization of the voters in the County pursuant to Section 401b(l), being MCL §484.1401b(l);
Whereas the Board approved a default surcharge cap for Chippewa County prior to February 15, 2008 at the rate of $1.50 per month but the MPSC did not approve the rate and instead reduced that rate effective July 1,2008 to $.99;
Whereas, the County timely appealed the MPSC's rejection and reduction of the County's default surcharge cap in the Michigan court system, resulting in a remand of the issue to the MPSC in February of 2013 by the Michigan Court of Appeals;
Whereas, the staff of the MPSC has indicated that the MPSC on remand will approve the default surcharge rate set by the Board of $1.50 if the County waives any entitlement to
retroactive surcharge payments that could have been assessed by the County between July 1,2008 and July 1,2013 (collectively referred to as the "Retroactive Surcharge";
Whereas, the residents of the County would have to pay the Retroactive Surcharge not the MPSC or State of Michigan and the County can avoid legal expenses and further delay in the implementation of its default surcharge rate if it accepts the MPSC staffs offer:
Whereas, the Board believes it is in the best interests of the County to expedite a resolution of the rate dispute with the MPSC thereby avoiding further delay and expense in the implementation of the Board set default surcharge rate of 1.50 and to avoid the burden on its citizens by the Retroactive Surcharge provided the dispute can be efficiently and expeditiously resolved, effective July 1, 2013;
Now, Therefore, Be It Resolved, that the Board accepts the MPSC staffs proposal and will waive and release its Retroactive Surcharge rights for denied surcharge between July 1, 2008 and July 1, 2013 provided that the MPSC approves the default surcharge rate set by the Board for July 1, 2008 by May 15, 2013, so that this $1.50 rate becomes the County's default surcharge rate under the 9-1-1 Act, effective July 1, 2013;
Be it Further Resolved, that the Board sets the surcharge rate for Chippewa County effective July 1, 2013 at $1.50 or the highest rate allowable under the law.
Be It Further Resolved, that the County Clerk, Board Chairperson, 9-1-1 Director, legal counsel and/or any other county officials or representative are authorized to execute any settlement agreement or other documentation to memorialize the terms and conditions of the settlement between the County and the MPSC and to implement the default 9-1-1 surcharge rate effective July 1, 2013.
A roll call vote was taken as follows:

Yeas: Commissioners:   Cooper, Kinsella, McLean, Postula and Chairman  
Shackleton   

Nays: None

THE RESOLUTION WAS DECLARED ADOPTED 

 

COMMISSIONERS COMMENTS

  • Commissioner Cooper noted that they did not have a report from the Sheriff’s Department and asked what they needed to do, to get one on a consistent basis?
  • Commissioner McLean noted that the Public Defender’s report is a new format, easier to understand; it shows the revenue that’s occurring relative to the handling of the cases. He went on to say that they gave the credit for this to Judge Lambros, as he has made it easier for them to put it together.

Having completed the agenda items, it was moved by Commissioner Kinsella, seconded by Commissioner Postula, that the Board adjourn. On a voice vote, the motion carried and the Board adjourned at 2:59 p.m.

 

Scott Shackleton, Chairman                               

Catherine C. Maleport, Clerk