CHIPPEWA COUNTY
BOARD OF COMMISSIONERS

Regular Session
August 12, 2013

The Chippewa County Board of Commissioners met in regular session on Monday, August 12, 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, Deputy Administrator Kelly Church, Tom Farnquist, Undersheriff Mike Bitnar, Jeff Hagan, Jim Traynor, Administrator Jim German and Cathy Maleport, Clerk                   

ADDITIONS AND DELETIONS TO THE AGENDA

It was moved by Commissioner Postula, 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 Kinsella, seconded by Commissioner McLean, to accept the Regular Board meeting minutes of July 8, 2013. On a voice vote, the motion carried.

PUBLIC COMMENTS

  • None

Administrator’s Report – For informational purposes only.

Standing Committee Reports: 

Personnel/Equalization/Health and Social Services
Commissioner Kinsella – July 23, 2013
July 23, 2013

Agenda Items

Veteran Affairs Counselor
Administrator German noted that the Veterans Affairs Committee had accepted Beth Yeack as the new Veteran’s Affair Counselor.  Ms. Yeack will be starting on July 29th so that training can be accomplished.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to concur with the Veteran Affairs Committee and hire Beth Yeack as the new Veteran Affairs Counselor at a Grade Level nine (9) start rate. On a voice vote, the motion Carried.

Part Time Policy - 241
The Committee had discussions on waiving the part time policy 241 which states employees will only be allowed to work 29 hours per week until next May 2014 since penalties for the Affordable Health Care Act had been waived for a year on the Employer Mandate section.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to approve waiving Policy 241 until May 2014.

A discussion took place regarding legal authority; it was also noted that they may have to revisit this in December based on what happens at the Federal level. Chairman Shackleton asked that they make certain every Department Head, that this may affect, be put on Notice that they’re going have to be flexible for changes based on what happens at the Federal level.

On a voice vote, the motion Carried.

Prosecutor Personnel
Administrator German noted that Eliza Carte had been promoted to the Legal Secretary II position at the Prosecutor’s Office.  He also noted that her replacement has been advertised.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean, to accept the promotion of Eliza Carte to a Legal Secretary II position in the Prosecutor’s office, effective July 1, 2013, and to follow policy 214, with regards to the wages. A discussion took place regarding a hiring freeze and part time.  On a voice vote, the motion Carried.

Committee and Chairman’s Comments
Commissioner Kinsella noted three problems:  Drainage in Dafter Township, Brimley State Park Water quality, and Whiskey River navigation problems. 

  • In regards to Brimley State Park, they have identified through the Health Department and their pressure testing, that they have been causing their own problems; it is their own onsite sewage that’s causing the problem in their waters. 
  • The Drainage problem in Dafter Township has been a long standing problem; the Health Department has gathered up some preliminary information and the Township is going to work together with the Health Department on this matter.
  • In regards to the Whisky River Land Slide, Commissioner Kinsella indicated that water has gotten through the blockage and that it is partly open, as individuals trying to navigate the river have done their own chain saw work. He also noted that he along with the township supervisor, and Christy Wilson from the DEQ office in Marquette looked at it. They have developed a project; they’re going to apply for a grant and that the Township is going to handle it. They’re going to ultimately get it dredged out so that it is navigable.

It was moved by Commissioner Kinsella, seconded by Commissioner McLean that the minutes July 23, 2013 minutes of Personnel/Equalization/Health and Social Services Committee be accepted as presented. On a voice vote, the motion Carried.

 

Building, Grounds and Jail, Legislative and Natural Resources and Information Technology
Commissioner McLean – July 23, 2013

Agenda Items

AT&T Fiber Contract
The Committee reviewed a contract by AT&T for fiber to be run into the FOC by the State at no cost to the County except for a possible permit.

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to approve the contract to run fiber into the FOC paid for by the State.  On a voice vote, the motion Carried.

Delta Letter of Support
The committee reviewed a request by the EDC for a letter of support by the County for continuing service with Delta Airlines.

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to approve a letter of support for Delta Airlines. A discussion took place regarding services. On a voice vote, the motion Carried.

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to accept the July 23, 2013 Committee minutes of the Building Grounds and Jail, Legislative and Natural Resources and Information Technology as presented. On a voice vote, the motion Carried. 

Finance, Claims and Accounts Committee 
Commissioner Cooper – August 8, 2013

Agenda Items

Travel
The Committee received an out-of-state travel request, which had previously been sent out via e-mail, seeking travel approval earlier, due to the travel dates. This was for Shelter Manager Holly Henderson to attend a ‘No Kill Advocacy Center Conference’ in Washington DC, at no cost to the County, as she was invited to sit on one of the panels.

It was moved by Commissioner Cooper, seconded by Commissioner Postula, to approve the out-of-state travel for Holly Henderson to go to Washington DC at no cost to the County. On a voice vote, the motion Carried.

The Committee received an out-of-state travel request from Veterans Affairs Counselor Beth Yeack, to attend the National Association of County Veterans Services Officers – Accreditation Training in Kearney, Nebraska, so that she can become accredited so she can legally file for VA benefits for veterans and dependents. The request will also require a budget adjustment into the travel line item of $1500.00, as this travel was not budgeted.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve out-of-state travel request for Beth Yeack to attend the National Association of County Veterans Service Officers-Accreditation Training in Kearney, Nebraska and to make a line item budget amendment of $1500.00 for the mandatory training. On a voice vote, the motion Carried.

The Committee received a travel request for Administrator German to attend the annual MERS Conference October 1-3, 2013 at the Grand Traverse Resort, and to approve Administrator German as the Officer Delegate for Chippewa County.

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to approve the travel for Administrator German to attend the MERS Conference, as the Officer Delegate for Chippewa County, October 1-3-2013.

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

Contract Approval-U.S. Army Corp of Engineers
The Committee received a request to approve a contract with the US Army Corp of Engineers, to install a cross patch radio at the Sugar Island Tower site and to record up to four of their 800 MHz talk groups. Commissioner McLean described the project, as it had already been recommended by the OES/9-1-1 Board. The US Army Corp of Engineers will pay $8,500 for the project plus $400.00 per year for configuration costs.

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the contract of $8,500.00 with the U.S. Army Corp of Engineers to install a cross patch radio and to record up to four of their 800 MHz talk groups, as well as, $400.00 per year for configuration costs. On a voice vote, the motion carried.

Administrative Credit Card
The Administrator addressed an idea, which was brought up by one of the Board members, to approve of the Administrator’s Office getting a credit card to assist in making reservations for travel for the Board of Commissioners and the Administration. Discussion followed regarding the billing approval, and having the itemized bill available for monthly reviews.

It was moved by Commissioner McLean, seconded by Commissioner Postula, to approve the Administration to obtain a credit card for Board of Commissioners and Administration to assist in making reservations for travel and conferences. On a voice vote, the motion carried with Commissioner Cooper voting Nay.

Chippewa County EDC-MERS Merging and Change
The Committee received a request from the Chippewa County EDC to approve changes to their current MERS divisions, which will eliminate Division #14 – officials and to merge all into Division #13, with a new Division to be established for new hires. Chippewa County EDC is not seeking any type of financial assistance from the County toward any obligations which may arise as a result of this merger.

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Chippewa County EDC request, to amend the MERS ‘Defined Benefit Adoption Agreement’, eliminating Division 14 of Municipality #1703. On a voice vote, the motion carried.

Approval to Release Bids-Three Used Sheriff Department Vehicles
The Committee received a notice of receiving bids notice for three used vehicles from the Sheriff’s Department.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve the release of and to advertise for bids on three used Sheriff Department vehicles. On a voice vote, the motion carried.

Approval to Release RFQ for Retiree Health Care Actuarial
The Committee received an RFQ for the Retiree Health Care Actuarial which needs to be completed every three years. The RFQ will be released now so that, we can properly budget for the FY2014 completion of the Retiree Health Care Actuarial.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to approve the release of the RFQ for Retiree Health Care Actuarial, which will be completed and budgeted for in FY2014. On a voice vote, the motion carried.

Millages
Animal Protection Millage Proposal
The Committee received and reviewed a request to place a millage proposal regarding Chippewa County Animal Protection on the General Election ballot. This request is being brought forward as the Shelter has had financial assistance provided previously by Guardian Angels for Animals, in the amount of $77,974.94 over the past three and half years, which paid for medical care, this funding is depleting and soon will no longer be provided. The language reads as follows:

Chippewa County Animal Protection
Millage Proposal

(This proposal, if passed, will permit the County to increase its tax levy by a tenth (.1) of a mill to provide additional operating funds to the Chippewa County Animal Shelter to be used exclusively to continue the facility as a no-kill shelter, and, as such, the funding will be used to provide medical and supplemental care for the health, safety, and well-being of the animals housed and cared for at the Chippewa County Animal Shelter.)

Shall the 15 mill limitation imposed under Article IX, Section 6 of the Michigan Constitution on general ad valorem taxes within Chippewa County Michigan be increased by .1 mill ($0.10 per $1,000 of taxable value) for a period of six years, being 2013, 2014, 2015, 2016, 2017, and 2018, inclusive, for the purpose of providing additional operating funds to the Chippewa County Animal Shelter to be used exclusively to continue the facility as a no-kill shelter, and used to provide medical and supplemental care for the health, safety, and well-being of the animals housed and cared for at the Chippewa County Animal Shelter, and shall the County levy such millage for said purpose, thereby raising in the first year an estimated $109,000?

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the millage language proposal for the Chippewa County Animal Protection Millage Proposal, for the General Election. On a voice vote, the motion carried.

                           Yes                  No

Superior District Library
The Committee reviewed Superior District Library Proposal to approve the language for the General Election. The language reads as follows:

Superior District Library
Library Millage Proposal

Shall the Superior District Library, Counties of Chippewa and Mackinac, Michigan, levy an amount not to exceed .5 mill ($.50 on each $1,000 of taxable value) against all taxable real and tangible personal property within the Superior District Library District for a period of two (2) years, 2013 to 2014, inclusive, for the purpose of providing funds for all District Library purposes authorized by law; and shall the Superior District Library levy such new additional millage for said purpose?  The estimate of the revenue the Superior District Library will collect if the millage is approved and levied in the 2013 calendar year is approximately $618,000. A portion of the revenue collected may be subject to capture by the City of Sault Sainte Marie Downtown Development Authority and the City of Sault Sainte Marie Economic Development Corporation.

                            Yes                     No   

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to approve the Superior District Library Millage Proposal language for the General Election. 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 McLean to recommend the approval of the general claims totaling $305,198.73, other fund clams of $437,814.64, payroll of $427,712.94 and Health Department claims of $470,751.30, total claims of $1,641,477.61 and voucher H-1 through H-416. On a voice vote, the motion carried.

The Committee also reviewed budget amendments as follows:

It was moved by Commissioner Cooper, seconded by Commissioner Postula to approve the following budget amendments. A discussion took place.

Revenue   Original Amended Change  
280-000-506.000-ROV Grant Federal Sources $0.00 $167,999.00 $167,999.00 ROV Grant
Expenditures          
232-000-979.000-Community Corr. Equipment $860.00 $2,410.00 $1,550.00 2 Computers
280-000-979.000-ROB Grant Equipment

$0.00

$167,999.00 $167,999.00 Robot

On a voice vote, the motion carried.

It was moved by Commissioner McLean, seconded by Commissioner Postula, to hire Silver & Van Essen, to dismiss the lawsuit no: 2013-839-CK, with the Michigan Department of Human Services, to include MMRMA’s counsel, to release Silver & Van Essen’s opinion dated August 6, 2013 to the Michigan Association of Counties and any other interested party. A discussion ensued. On a voice vote, the motion carried, with Commissioner Cooper voting Nay.

It was moved by Commissioner McLean, seconded by Commissioner Kinsella, to hire Silver & Van Essen, to represent the Chippewa County Board of Commissioners, and to file a declaratory judgment to articulate for prospective relief only, regarding the 1993 Stipulation for Entry of Consent Judgment.  A brief discussion took place.

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

It was moved by Commissioner Cooper, seconded by Commissioner McLean, to accept the Finance Claims and Accounts Committee meeting minutes of August 8, 2013 as presented. On a voice vote, the motion carried.

New Business

Resolution 13-12 – opposing HB 4785

 

It was moved by Commissioner McLean, seconded by Commissioner Kinsella,
to accept Resolution 13-12 as follows:

RESOLUTION NO. 13-12

RESOLUTION OPPOSING HB 4785

WHEREAS, the Chippewa County Board of Commissioner, upon recommendation from the Office of Emergency Services Committee oppose HB 4785, which would amend Public Health Code regarding Emergency Medical Services, and;

WHEREAS, these proposed amendments would inhibit local ambulance services in rural communities by increasing fees and imposing new (additional) fines, and;

WHEREAS, these proposed amendments will be the decline, or possible elimination, of volunteer EMS services; and

WHEREAS, volunteer EMS services are crucial to Chippewa County, and its surrounding area, which is predominately rural communities,

NOW, THEREFORE, BE IT RESOLVED, that Chippewa County Board of Commissioners opposes HB 4785 due to the adverse effects it will have on volunteer EMS services in Chippewa County and its rural communities; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all Michigan counties, Representative Frank Foster, Senator Howard Walker and the Michigan Association of Counties.

A VOTE WAS TAKEN AS FOLLOWS:

AYES: Commissioners Cooper, Kinsella, McLean, Postula and Chairman Shackleton                          
NAYS: None 

THE RESOLUTION WAS DECLARED ADOPTED

Resolution 13-13 – To Adopt the 2009 Edition of the Michigan Building Code and the Michigan Residential Code

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

RESOLUTION NO. 13-13

RESOLUTION TO ADOPT
THE 2009 EDITION OF THE MICHIGAN BUILDING CODE
AND THE MICHIGAN RESIDENTIAL CODE

WHEREAS, THE State Construction Code Act (Act 230, P.A. 1972, as amended) provides that a local unit of government may administer and enforce the code (s) as promulgated under the Act; and

WHEREAS, Chippewa County desires to continue administration and enforcement of these codes with the boundaries of Chippewa County, and to utilize the State of Michigan Square Foot Construction Cost Table as it is approved by the State of Michigan, and;

WHEREAS, the Michigan Department of Consumer and Industry Services requires that Chippewa County adopt and submit an Ordinance to incorporate the 2009 edition of the Michigan Building Codes and Michigan Residential Codes; and

NOW, THEREFORE, BE IT RESOLVED, that Chippewa County Board of Commissioners hereby reaffirms Ordinance No. 97-3 incorporating the 2009 edition of the Michigan Building Codes and the Michigan Residential Codes.

A VOTE WAS TAKEN AS FOLLOWS:

AYES: Commissioners Cooper, Kinsella, McLean, Postula and Chairman Shackleton                          
NAYS: None

THE RESOLUTION WAS  DECLARED ADOPTED

Resolution 13-14 – Requesting Full Funding of Revenue Sharing

It was moved by Commissioner McLean, seconded by Commissioner Postula, to adopt Resolution 13-14 as follows:

RESOLUTION NO. 13-14

Resolution Requesting Full funding of Revenue Sharing

WHEREAS, in the Governor’s recommendation for the FY 2014 budget, counties are scheduled to receive a 22.9% cut from what they were projected to receive based on the deal struck in 2004/2005,  a deal that was advocated by the Michigan Association of Counties; and,

WHEREAS, the Governor is recommending an appropriation of $140.6 million, $41.7 million less than statutorily required, and counties will be required to “earn” 20 percent of their funding by fulfilling the County Incentive Program (CIP) requirements; and,
WHEREAS, with the proposed budget for FY 2014, counties would receive a cut of about $42 million, and at first glance, it appears that the administration has recommended an additional $10 million for county revenue sharing and CIP payment, but in reality, these additional funds result in less money to each county this year; and,
WHEREAS, counties have worked diligently for the past decade by leading the effort to reform, consolidate, and right size government in an effort to increase efficiency and adjust to declining revenues, but a one-size-fits-all approach to the CIP Employee Compensation Category is not acceptable; and,
WHEREAS, each local unit of government is in a different financial place, some growing, some declining, some healthy, and some struggling with their long-term liabilities.  To say that all counties need to comply with a prescriptive formula on employee compensation would be a step backward for some and unattainable for others; and,
WHEREAS, compliance with the third category for this fiscal year is attainable because all counties are following the 80/20 healthcare law enacted last session, and the category should remain the same with the state stopping all attempts to move the bar; and,
WHEREAS, in 2004/2005, counties agreed to forego revenue sharing for a period of time in order to assist Michigan in balancing the budget and were promised a return of that funding once reserves were depleted; and,

WHEREAS, revenue sharing is more than just a pot of money to be allocated in whole or in part to counties; it is a statutory promise made to counties in exchange for giving up local taxing authority and for a more recent change in local taxing administration; and,

WHEREAS, the concept of earning what has already been earned is unfair and unacceptable; and,

WHEREAS, revenue sharing is used by counties to pay for a fractional share of the multitude of state-mandated services, including the courts, the jails, the constitutional officers, elections, and the public health system; and  coupled with the recent reductions in property values and increased mandated state service delivery, counties are stretched to the financial limit; and,            

WHEREAS, the County of Chippewa is without the economic resources to fund any new or additional state-mandated services, and, as a result thereof, the County of Chippewa will be unable to assume and/or provide any additional mandated responsibilities or duties without being provided the economic resources; and,

WHEREAS, any new mandates will not be assumed or done without the necessary state funding needed to assume or perform the same; and,

WHEREAS, it is projected that the Governor’s recommended FY 2014 revenue sharing cut to Chippewa County is $54,167.

NOW, THEREFORE, BE IT RESOLVED, that the Chippewa County Board of Commissioners calls upon the Governor and the state legislature to live up to their promise by fully funding revenue sharing payments to counties in FY 2014 so that what is promised in Lansing can actually be accomplished and performed by counties at the local level.

A discussion took place.

A VOTE WAS TAKEN AS FOLLOWS:

AYES: Commissioners Cooper, Kinsella, McLean, Postula and Chairman Shackleton                              
NAYS: None  

THE RESOLUTION WAS DECLARED ADOPTED.

It was moved by Commissioner Cooper, seconded by Commissioner Kinsella, to accept Resolution 13-15 as follows:
SPECIAL TRIBUTE
13-15
James B. Shogren

Let It Be Known, that it is with great pride that the Chippewa County Board of Commissioners join together with the employees and residents of Chippewa County, to express their wish of good health and happiness upon his retirement and as he prepares for the new and exciting experiences that lie ahead.

James B. Shogren has served the citizens of Chippewa County in a manner above reproach, and for this we extend our thanks.  James B. Shogren has provided outstanding service to hundreds of individuals for more than fourteen years.

James B. Shogren has taken personal pride in his work with Chippewa County and has worked hard to continue the improvements of benefits for the Veterans of Chippewa County. 

James B. Shogren through his persistence, his high performance standards, his kind friendship, his professionalism, and his insight to his fellow Veterans, his Board, co-workers and citizens place him in the highest of categories.

James B. Shogren has brought recognition to himself, the Veterans of Chippewa County and the County of Chippewa.  The Chippewa County Board of Commissioners, on behalf of the Veterans and residents of Chippewa County, extends their appreciation to a Department Official, friend and mentor who is thoughtful, caring, involved and dedicated, and who made a favorable impact on the betterment of life and well being in Chippewa County.


IN SPECIAL TRIBUTE, therefore upon his retirement from Chippewa County, this document is signed and dedicated to honor James B. Shogren, for his countless contributions to Chippewa County, and the individuals he served so well.  For his efforts in improving the welfare of the Veterans of this County, we join together to extend to James B. Shogren a gracious thank you for a job well done, and wish him continued success in which he so richly deserves.

A VOTE WAS TAKEN AS FOLLOWS:

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

NAYS: None

THE RESOLUTION WAS DECLARED ADOPTED

COMMISSIONERS COMMENTS

  • Commissioner Kinsella added to his earlier comments in regards to Brimley State Park , “The latest is two of the restrooms facilities of four are closed stemming the discharge. Luckily the cold weather has decreased campers, so they’re able to accommodate using the other two restroom facilities.”

Having completed the agenda items, it was moved by Commissioner Kinsella, seconded by Commissioner McLean, that the Board adjourn. On a voice vote, the motion carried and the Board adjourned at 3:05 p.m.

 

Catherine C. Maleport, Clerk                                            

Scott Shackleton, Chairman