The Chippewa County Board of Commissioners met in regular session on Monday, July 9, 2001 at 5:30 p

The Chippewa County Board of Commissioners met in regular session on Monday, July 9, 2001 at 5:30 p.m. in the Courtroom of the Chippewa County Courthouse.

Present: Commissioners Cooper, Dale, Hopper, LaJoie, Postula and Kay (arrived at 5:50 p.m.)

Absent: Chairman McDowell

Also Present: Tim Dolehanty, County Controller, Diane S. Cork, Clerk, Mary Peralli, Information Systems Director, Helen Kennedy, Scott Brand and Jeff Moran, Sheriff

It was moved by Commissioner Cooper, supported by Commissioner Dale, to accept the correspondence received in the Clerk’s Office and forward to the appropriate committee if necessary. Motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner LaJoie, to accept the June II, 2001, Board minutes as presented. Motion carried unanimously.

PUBLIC COMMENTS: None

CONTROLLERS REPORT: Timothy Dolehanty

Mr. Dolehanty stated that about a month ago, the Court of Appeals ruled on a case, Pittsfield Township vs. Washtenaw County and City of Ann Arbor, which basically allows a township block the building of a county facility. The Michigan Association of Counties is going to file an amicus brief on behalf of all the counties to try to get this particular case overturned at the Supreme Court level.

It was moved by Commissioner Dale, supported by Commissioner Postula, that the following resolution be adopted in support of MAC:

RESOLUTION 0 1-07

RESOLUTION TO SUPPORT FILING OF AN AMICEJS BRIEF IN THE CASE OF

PITTSFIELD TOWNSHIP V. WASHTENAW COUNTY AND CITY OF ANN ARBOR

WHEREAS, Act 156, P. A. 1851, as amended, defines the powers and duties of Michigan county boards of commissioners, and confers upon them certain local, administrative and legislative powers; and

WHEREAS, Section 11(b) of Act 156 (MCL 46.11 [ duly authorizes county boards of commissioners, and no other government agency, to determine and designate the site

for a county building, subject to any requirement of law that the building be located at the county seat; and

WHEREAS, Section 11(d) of Act 156 (MCL 46.11 [ frirther assigns to county boards of commissioners, and no other government agency, authorization to erect the necessary building for jails, clerks’ offices, and other county building, and prescribe the time and manner of erecting them; and

WHEREAS, zoning ordinances enacted by local municipalities (i.e., townships, cities and villages) typically lack the means to deal with “issues of greater than local concern, “ such as public facilities intended to serve county-wide interests that are broader than the interests of a local municipality; and

WHEREAS, in its ruling in Pittsfield Charter Thwnshi v. Washtenaw County and City of Ann Arbor, the Michigan Court of Appeals severely limited the ability of county boards of commissioners to fulfill their statutory authority under MCL 46. 11.

NOW, THEREFORE, BE iT RESOLVED as follows:

1. The Board of Commissioners hereby supports the Michigan Association of Counties in filing an amicus brief on behalf of the counties in Pittsfield Charter Township i’. Wash/enaw County and City ofAnn Arbor, COA docket No. 219480.

2. A copy of this Resolution shall be provided to the Michigan Association of Counties.

3. A copy of this Resolution shall be made available to all other Michigan counties for their consideration.

Motion carried unanimously.

Due to the transfer of Terry Harris, State Police Post Commander, it was moved by Commissioner Postula, supported by Commissioner LaJoie, to appoint F/Lt. John Matchulak, new Post Commander, to the Chippewa County Central Dispatch Board of Directors. Motion carried unanimously.

The legislature’s enactment of 2000 PA 381 changing the Carry a Concealed Weapon statute to a “Shall Issue” statute permits the Prosecuting Attorney under section 5(a)(a)(a) to withdraw from the Concealed Weapons Licensing Board for the balance of their term of office upon written notification to the County Board of Commissioners. The Board is limited to whom they can appoint. The person must be a nationally certified fire arms instructor or certified thru MCOLES. Advertising will begin immediately.

The Economic Development Corporation received a letter of resignation from Tim Murphy, board member. Mr. Dolehanty will check to see if this is an advertised position or if the County Board Chairman appoints.

As a house cleaning matter, the Transportation Committee meeting minutes of May 15 and May 30, 2001, were moved and supported to be approved at the June11 Board meeting, but not officially voted on.

It was moved by Commissioner Postula, supported by Commissioner, Laioie, to approve the May 15 and May 30, 2001 Transportation minutes as presented. Motion carried unanimously.

During the Finance Committee meeting of July 5, 2001, the committee members talked about seeking an Attorney General’s opinion concerning the availability of State finds to offset the costs with the new Concealed Weapon’s Law. Brian Peppler, Prosecuting Attorney, did request the opinion and has received a response back with the guidelines for collecting finds.

Mr. Dolehanty did write to the State Police, per the guidelines, about receiving money for the County from a grant and a response should be coming soon.

OLD BUSINESS: None

NEW BUSINESS: None

STANDING COMMITTEE REPORTS:

Personnel Committee - Aaron Hopper - No Meeting

Equalization and Apportionment Committee - Bernard LaJoie - No Meeting

Building, Grounds and Jail Committee - Earl Kay - Meeting of June 18, 2001 & July 2, 2001

Commissioner Kay read the minutes of June 18, 2001. No action was necessary. Commissioner Kay proceeded to give his report for the July 2, 2001 meeting.

It was moved by Commissioner Kay, supported by Commissioner LaJoie to authorize the Joint Building Authority to seek proposal for roof replacement, electrical work and installation of an air- conditioning system. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Kay, supported by Commissioner Dale, to approve the minutes of the Building, Grounds and Jail Committee minutes of June 18 and July 2, 2001, as presented. On a voice vote, the motion carried unanimously.

Transportation Committee - Ted Postula - No meeting

Legislative and Natural Resources - Earl Kay - No meeting

Computer Committee - Don Cooper - No meeting

Finance, Claims and Accounts - Rita Dale - Meeting of July 5, 2001

It was moved by Commissioner Dale, supported by Commissioner Kay, to approve the monthly travel requests as presented. Motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to issue bonds for the City’s ongoing water, sewer and road improvements through the county pursuant to Act 185. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to make an amendment to the General Fund budget by transferring $13,250 from find balance to Department 306 for expenditure only to implement the provisions of the new concealed weapon law, as presented. On a roll call vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Postula, to approve the $5,295 expenditure for the purchase and installation of a water heater for the jail isolation area, finds to be provided through the jail renovation finds. On a voice vote, the motion carried unanimously.

It was moved by Commissioner Kay, supported by Commissioner LaJoie, to approve the

operating budget for the Chippewa County-Sault Ste. Marie Joint Building Authority for

September 1, 2001 through August 31, 2002, as presented, with the understanding that the

$100,000 building and grounds improvement line item is an estimated cost of the roof repair. On

a roll call vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner LaJoie, to host an event at the Michigan Association of County Clerks Conference in recognition of the former County Clerk with the understanding that the chosen event not be one during which alcohol is served. On a roll call vote, the motion carried. (The event will be the Saturday morning sit down breakfast).

It was moved by Commissioner Dale, supported by Commissioner LaJoie, to allocate $5,000 toward roof repairs at the Kinross Heritage Museum. On a roll call vote, the motion carried unanimously.

It was moved by Conm Dale, supported by Commissioner Postula, to approve Resolution 0 1-04 as follows:

RESOLUTION FOR PARTICIPATION IN THE

FEDERAL PROPERTY ASSISTANCE PROGRAM

WHEREAS, The Chippewa County Office of Emergency Services, State of Michigan, has met all other State and Federal Requirements for participation in the Federal Property Assistance Program under the Public Law 94-915; and

WHEREAS, it is a requirement that a resolution be adopted by the governing body specifically designating a coordinator as Surplus Property Donee and Custodian, to be responsible for the acceptance and accountability and authorized to sign for surplus property.

NOW, THEREFORE, BE IT RESOLVED as follows:

I That the governing Body for the Chippewa County Office of Emergency Services of the State of Michigan hereby designated Tim I. McKee, who is the authorized coordinator, as the person responsible for accepting Federal Surplus Property, with the power and thIl authority to sign for such surplus property.

2. The coordinator named above is to be held responsible for the accountability and will maintain the necessary records for all surplus property obtained for public purposes until relieved from accountability by State and Federal authorities.

3. That money is available to pay service charges for surplus property obtained.

4. That the coordinator is further hereby authorized to direct payment of service charges for the surplus property to complete all transactions.

On a roll call vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner LaJoie, to approve Resolution 01-05, as presented, naming the firm of CohI, Stoker & Toskey, P.C. as County Counsel.

RESOLUTION TO

ESTABLISH COUNTY COUNSEL AND

TO PRESCRIBE RULES FOR COMMUNICATION WITH LEGAL COUNSEL

WHEREAS, Chippewa County desires to conduct governmental business within the bounds of federal, state and local law as defined by various statutes and also as defined by court interpretation of the statutes; and

WHEREAS, the bulk of the County’s legal affairs are handled through the County Prosecutor; and

WHEREAS, because of complexity and/or office workload demands, the County Prosecutor may be unable to provide certain services to the County.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Board of Commissioners hereby retains the law firm CohI, Stoker & Toskey. P.C. as “County Counsel” in those instances when the County Prosecutor is not able to provide needed legal services.

2. Communication with legal counsel shall be undertaken only as prescribed in the attached policy of the Chippewa County Board of Commissioners.

COMMUNICATIONS WITH LEGAL COUNSEL

General It isa policy of the Chippewa County Board of Commissioners to have the governmental business of the County conducted within the bounds of Federal, State and local law as defined by statute and also as defined by court interpretation of the statute. To this end, it will be necessary, from time to time, to consult with legal counsel regarding issues in order to ensure that County officials act within the letter and/or spirit/intent of the law.

2. Policy/Procedures There are three main avenues for the conduct of the County’s governmental legal affairs. They are as follows:

a. Risk management legal matters are handled through the Michigan Municipal Risk Management Association (MIIY

b. The bulk of the rest of the County’s legal affairs are handled through the County Prosecutor.

c. Occasionally, the County may find it necessary to route certain legal matters pertaining to governmental operations to a private law firm (referred to in the following paragraphs as “County Counsel”).

3. Rules of Contact The following rules are established in order to maintain control of the costs associated with obtaining legal counsel.

a. M Costs for legal services by MMRMA are paid through a flat annual administrative fee. Therefore, contact with the MMRMA organization by County staff Personnel is not restricted.

b. County Prosecutor There are no restrictions pertaining to contact with the County Prosecutor.

c. County Counsel Costs for legal services are billed at an hourly rate. Because of this and in order to minimize costs, contact with County Counsel is limited to the following County officials.

1.) Chairman, Board of Commissioners

2.) Elected officials

3.) County Controller

4.) Other County officials as designated from time to time by the Board.

On discussion, Commissioner Cooper felt that Peck & Associates had the experience Chippewa County was looking for in sexual harassment cases, labor negotiations etc. and they were local.

On a roll call vote, the motion carried with Commissioner Cooper voting nay.

It was moved by Commissioner Dale, supported by Commissioner Cooper, to approve Resolution 01-06, as presented, naming Northwoods, Inc. as the project engineer/surveyor for the drain project on the south side of Sault Ste. Marie.

RESOLUTION TO AUTHORIZE BUDGET AMENDMENT AND EXECUTION OF ENGINEERING AND SURVEYING SERVICES AGREEMENT

FOR DRAIN DETERMINATION

WHEREAS, The City of Sault Ste. Marie has petitioned the Chippewa County Drain Commissioner to lay out a drainage district; and

WHEREAS, provisions of the state Drain Code require the Drain Commissioner to determine whether the proposed drain is practical; and

WHEREAS, Chippewa County desires to enter into an agreement with Northwoods, Inc. to provide engineering and surveying services to aid in determining whether the proposed drain is practical, in accordance with the provisions of Act 40, PA. 956, being MCL 280.52; and

WHEREAS, Northwoods, Inc. has provided an acceptable proposal for this service, with total cost to the County not to exceed $3,250; and

WHEREAS, the fiscal year 2001 general ifind budget for the Drain Commissioner does not include an allocation for this service.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Board of Commissioners hereby accepts the proposal from Northwoods, Inc. to provide the necessary engineering and surveying services associated with this drain project.

2. The Finance Office is directed to execute the attached budget amendment as presented and recommended by the Finance, Claims and Accounts Committee to cover the cost of this project.

3 Should a drainage district be established, finding for this phase of the drain project shall be returned to the General Fund from monies collected through special assessment, as provided by law.

4. Upon affirmative review by the Prosecuting Attorney or County Counsel, the County Controller and Drain Commissioner are hereby authorized to execute the applicable agreement associated with this transaction.

On a roll call vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Postula, to pay vouchers 28918 through 29192 and F-i through F-8;

General Fund Claims $ 302,509.52

Other 77,948.86

Payroll 718,168.38

Total $1,098,626.76

On a voice vote, the motion carried unanimously.

It was moved by Commissioner Dale, supported by Commissioner Kay, to sponsor Commissioner Hopper as a nominee to the National Urban and Community Forest Action Council. On a voice vote, the motion carried unanimously. It was noted that this is at no cost to the County.

It was moved by Commissioner Dale, supported by Commissioner Postula, to accept the Finance, Claim and Accounts meeting as presented. On a voice vote, the motion carried unanimously.

Having no further business, it was moved by Commissioner Kay, supported by Commissioner Postula to adjourn. On a voice vote, the motion carried and the meeting adjourned at 6; 15 p.m.

Respect Ily submitted, -

Diane S. Cork, County Clerk Aaron Hopper, ic hairman