The Chippewa County Board of Commissioners met on Monday, November 12, 2002
at 7:00 p.m. in the Courtroom of the Chippewa County Courthouse.
Present: Commissioners Ted Postula, Don Cooper, Rita Dale, Bernard LaJoie, Aaron
Hopper, Earl Kay and Chairman Gary McDowell
Also Present: Tim Dolehanty, Controller, Dave Carpenter, Finance Director, Diane
Cork, County Clerk, Ron Cross, Don and Chris McLean, Sam Harma, HBH, Tom
Farnquist, Great Lake Shipwreck Society, Jim Moore, Scott Brand, Evening News, Lisa
Wilcox, Dick Carmody, Whitefish Concerned Citizens, various individuals from HBH
and Whitefish Concerned Citizens (a complete list is on file in the County Clerk's Office)
It was moved by Commissioner Postula, supported by Commissioner Cooper, to
acknowledge correspondence received in the Clerk's Office and if necessary forward to
the appropriate committee. On a voice vote the motion carried unanimously.
It was moved by Commissioner Cooper, supported by Commissioner Kay, to approve
the County Board minutes of October 14, 2002 with the following correction:
CORRECTION:
Page 1, paragraph 7, reads as follows: "It was moved by Commissioner Hopper,
supported by Commissioner LaJoie, to support future endeavors of the Great Lakes
Historical Shipwreck Society. On a voice vote, the motion carried unanimously."
Should read:
"It was moved by Commissioner Hopper, supported by Commissioner LaJoie, to
consider future endeavors of the Great Lakes Historical Shipwreck Society.
With this correction, the motion carried unanimously.
With so many people in attendance, Chairman McDowell explained the bylaw rules
for public comments. He asked that each individual who wished to address the Board
keep their comments to a maximum of fifteen minutes for one topic and three minutes for
each individual.
PUBLIC COMMENTS:
In place of Bridget Nordurft, who was scheduled on the agenda, Dick Carmody spoke
on behalf of the Concerned Citizens of Whitefish Township.
Mr. Carmody stated the purpose of attending the Board meeting was to inform the
Board and asked for their assurance in informing the Township of Whitefish of things
that impact them.
The following letter, addressed to the County Board, was read into the minutes:
TO: Chippewa County Board of Commissioners
Sault Ste. Marie Tribe of Chippewa Indians
Bay Mills Tribe of Ojibway Indians
SUBJECT: Proposed Acquisition of Property Adjacent to Whitefish Point
Dear Sirs and Madams:
A proposal had been made in the spring of 2002 that Whitefish Township acquire
approximately 1,300 feet of beachfront property adjacent to Whitefish Point. The
intended goal of the purchase was to create a waterfront park for visitors and residents to
enjoy. On April 4, 2002 the Whitefish Board passed a resolution authorizing the
Township to acquire these lands.
Since the passage of the April 4, 2002 motion several things have come to the attention of
the Board that necessitated a reversal of the resolution. These include the following
issues:
A. The use of the land as a waterfront park has taken a dramatic turn. The proposed
uses now include an International Port of Call for Great Lakes cruise ships.
B. The covenants that are in effect on the land, which the Townships had wanted
to use for the Marina, preclude the use of the land for that purpose. One of the
covenants states that the land shall be used for residential purposes only.
C. An undated, unsigned letter on Township letterhead was sent to Township
residents stating that the Township was going to purchase this land and proceed
with the development of the parkland, this letter was completely unauthorized.
To further complicate the matter, we have since found out that the letter was sent
to the printers by the Great Lakes Shipwreck Historical Society (GLSHS) and subsequently
mailed by the GLSHS without Township knowledge. This type of interference in Township
operations by outside activities cannot and will not be tolerated. The Board is currently
reviewing its options as they pertain to this wrongful use of official stationary and the
fraudulent impression that was passed on to the residents.
D. A Township meeting was conducted on August 8, 2002 and the topic of the land purchase was
again revisited. The general consensus from everyone in attendance was that the Township
should drop the project and not pursue the purchase of the land. Points noted in the
discussion included:
1. Any construction would require an environmental impact study.
2. The infra structure to support the process is non-existent and the
addition of the infra structure would place large fiscal burden on
the Township.
3. The covenants on the land will be impossible to combat and
would require costly legal expenses.
A request was made to the Township Board to pass a resolution that would in fact reverse
the April 4, 2002 resolution. A motion was made and seconded and the Board
unanimously passed the motion.
To that end and in order to give the residents of the Township closure on this matter a
second request was made that the Township Board convey the results to the August 8,
2002 vote to the County Board and the two Indian Tribes and request that the afore
mentioned groups not pursue this initiative either. This motion was made, seconded and
unanimously passed. This letter is a result of that motion.
The Township Board and the residents of Whitefish Township believe that based on past
practices of the GLSHS management that the County and/or the Tribes will also be asked
to pursue this initiative. We the duly elected representatives of the residents of Whitefish
Township want to make it perfectly clear that we do not want the proposed parking our
Township. However, if it was preserved, with Township restrictions, we would be
interested in such a proposal in the future. We sincerely hope that the County and Tribes
will fully support our decision and we can put this issue behind us.
Thank you for your time and consideration in this matter.
The Whitefish Township Board
Currently, Whitefish Township and GLSHS are involved with two different grants,
one of which was being closed out tonight. Mr. Carmody thought it was unfair that the
closing of the grant was being held outside the Township of Whitefish.
Mr. Carmody explained that the residents of Whitefish Township only want the land
and environment to be treated with the utmost respect and that the residents of Whitefish
Township did not want to be bypassed in the process of issues dealing with their
township. They wanted clarification as to the County Board's position.
In response to the concerns of Mr. Carmody, Tom Farnquist, GLSHS, responded.
Mr. Farnquist stated he was not sure whom all these people represent, they have never
attended a GLSHS Board meeting nor have members of GLSHS been invited to any of
their gatherings to discuss any of their issues.
Mr. Farnquist stated that GLSHS has worked with Whitefish Township and the
County of Chippewa for over 20 years and it's only been the last year or so that
objections have been raised with what GLSHS has tried to accomplish in Whitefish
Township.
Mr. Farnquist went on to say at no time was the 1,000 feet of beachfront ever going to
be developed as port of call for Great Lake cruise ships.
Chairman McDowell asked the two entities if the County Board could facilitate a
meeting between the two groups to come to some understandings. He felt as if there was
a lot of misunderstanding.
Commissioner Hopper reiterated by saying he and the County were willing to help
both groups.
Sam Harma, HBH, addressed the County Board concerning the resolution that was
prepared for tonight's meeting. Mr. Harma explained that in 1997 a merger took place
between Schoolcraft, Mackinac and Chippewa County for mental health services. At that
time, the new board would have equal representation set at five members from each
county for the initial three year time period following the merger. This representation
continues to this time.
Mr. Harma presented some statistics related to Chippewa County's attendance at
HBH meetings. He did not feel that the County was being fully represented and with
Chippewa County' proposed action, Mr. Harma felt that as director of mental health
services for Chippewa County it was his duty to inform the public that this proposed
action will have serious financially consequences for the tax payers of this County that
would result in the reduction of mental health services and would mean the loss of good
jobs in the community.
Mr. Harma was asking the County Board to set aside the proposed resolution and
meet with his board to discuss any concerns they may have.
Several employees of HBH addressed the County Board explaining the services
provided by HBH to the community, courts and schools and what the impact would be if
these services were not available.
Commissioner Cooper stated that he thought there was a misconception that services
were going to be cut and he wanted it known that that was not the case.
Don McLean read the following statement:
We are here again tonight as we have been for the last 20 months.
We are not here as employees of Hiawatha Behavioral Health with a vested interest in our jobs.
We are not here as outside experts who really have some connection or vested interested in HBH.
We are here, as always, as residents of Chippewa County and our vested interest was our
daughter, Karen, until here death on February 14, 2001.
Our vested interest now is the 1260 residents of Chippewa County who signed our
petitions last spring.
Our vested interest now is in changing the top management of HBH so what happened to
our daughter will not happen to any other residents of Chippewa County.
Our efforts have involved contacting our congressman, our national senators, our state
senator and our state legislator.
As a result of those efforts a bill should be soon introduced in Lansing that will correct
the problem officials had when the CEO of HBH refused to share Karen's records with
the Chippewa County Medical Examiner, even after we as the personal representatives of
her estate had signed the authorization.
We have filed recipient rights complaints only to have them referred to the HBH CEO for
action, even though the CEO was part of the complaint.
We have filed formal complaints against the probate judge with the Judicial Tenure Commission.
We have filed complaints with the Michigan Dept. of Consumer & Industry Services
against the HBH psychiatrist and caseworker.
We have attended every monthly meeting of HBH for the last 21 months and have made
short presentations at each of the last 18 meetings.
During those presentations we have explained a number of examples of how HBH
mishandled Karen's case and how it resulted in here death.
We explained how HBH repeatedly failed to provide the long term inpatient dual
diagnosis treatment by eight psychiatrists HBH had evaluate Karen during the five years
she was under their care.
We explained how HBH filed a petition in probate court to terminate our guardianship of
Karen because we kept advocating for treatment instead of simply warehousing her in an
AFC home in Battle Creek.
We explained the situation of when in 1999 we had found a program in Florida and had
taken Karen there at our own expense and she was being successful in the program.
Medicare had been paying for the entire 5 weeks of treatment, then it was up to HBH to
approve Medicaid funding for Karen to continue in the treatment program.
Unfortunately, HBH never came thru with the Medicaid funding and Karen was thrown
out on the streets of Naples, Florida.
We explained the situation when just 9 months before Karen's death, here HBH
caseworker, one of 12 caseworkers Karen had in 5 years at HBH, came to our home and
asked us to become Karen's guardians again because the caseworker feared for Karen's
safety. However, someone at HBH cut off the efforts of the caseworker and Karen was
left on her own.
We explained the situation where just 2 months before Karen's death when the HBH
psychiatrist interviewed Karen for 35 minutes while Karen was in jail and determined
that Karen was a person no longer needing mental health services. This after 8 reputable
psychiatrists, HBH had selected over a 5 year period, had all found Karen was suffering
from severe depression, anorexia, bulimia, borderline personality and alcoholism.
We explained the situation when after Karen's death the HBH CEO refused to meet with
the Chippewa County Medical Examiner to discuss how situations like Karen's could be
prevented in the future.
For 18 months the Board has just sat thru our presentations and then went about their
other business.
I have copies of those 18 presentations if you are interested in them.
HBH has a very important responsibility to the residents of our county.
We are not talking about the successful Special Olympics program for the 20% of the
HBH clients who take advantage of that fine program.
We are not talking about maintaining an agency so all of these fine people can have some
place to work.
We are talking about services for the mentally ill people in our community who make up
80 % of HBH clients.
The mentally ill who are the most vulnerable of all people in our community; people like
our Karen was. HBH top management intervened and Karen was not provided the
treatment she desperately needed. Since her death I know of 3 other people from
Chippewa County who have died because of mishandling by HBH.
I believe it is time tonight to start the process to change things so what happened to Karen
does not happen to anyone else.
I ask you to start that process tonight.
This concluded the public comments.
CONTROLLER'S REPORT - Tim Dolehanty
It was moved by Commissioner Cooper, supported by Commissioner Hopper, to
approve Resolution 02-22 as follows:
RESOLUTION TO SUPPORT
THE 2003 EASTERN UPPER PENINSULA
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
WHEREAS, the E.U.P. Regional Planning and Development Commission has the
function of developing the annual Comprehensive Economic Development
Strategy (CEDS) report; and
WHEREAS, Chippewa County is an active participant in the Comprehensive Economic
Development Strategy; and
WHEREAS, the Chippewa County CEDS Committee (EDC) and the E.U.P. Regional
Advisory CEDS Committee have developed this economic development
program and recommended its adoption; and
WHEREAS, the County Board finds the CEDS to be consistent with the goals,
objectives and policies of Chippewa County and the tri-county region; and
WHEREAS, the County Board concurs with the County and Regional Priorities and
finds them to be in full accord with our short and long-range goals and
objectives for economic development; and
WHEREAS, the Chippewa County Board of Commissioners actively supports and
currently participates in the economic development district activities of the
EUP Regional Planning and Development Commission.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Chippewa County Board of Commissioners does hereby endorse
and concur with the updated CEDS report for the Eastern Upper Peninsula.
2. That the Chippewa County Board of Commissioners supports the E.U.P.
Regional Planning and Development Commission's application to the
Economic Development Administration for planning funds.
On a voice vote, the motion carried unanimously.
It was moved by Commissioner Hopper, supported by Commissioner Kay, to accept
the applications of interest from nominees for various board/committees/agencies and
close nominations at this time. These applications will be considered in thirty days.
On a voice vote, the motion carried unanimously.
Mr. Dolehanty stated the paperwork for the self insurance program was received for
the Blue Cross. Commissioner Kay preferred to see the documents before any action was
taken. Commissioner Cooper asked if the Board were to approve the self-insurance,
when would it take effect. Mr. Dolehanty replied, January 2, 2003.
OLD BUSINESS: None
COMMITTEE REPORTS:
Personnel Committee - Aaron Hopper - 11-04-2002
It was moved by Commissioner Hopper, supported by Commissioner LaJoie, to
recommend adding Nicholas Vaught and Erin Johnson to the roster of part-time
dispatchers, as recommended by the OES/9-1-1 Director. On a voice, vote the motion
carried unanimously.
It was moved by Commissioner Hopper, supported by Commissioner Cooper, to
accept the Personnel Committee report as given. On a voice vote, the motion carried
unanimously.
Equalization and Apportionment - Bernard LaJoie - No meeting
Health and Social Services - Ted Postula - No meeting
Building, Grounds and Jail Committee - Earl Kay - 10-16-2002
Informational purposes only, no action items needed.
It was moved by Commissioner Kay, supported by Commissioner Dale, to accept the
Building, Grounds and Jail Committee report as given. On a voice vote, the motion
carried unanimously.
Transportation Committee - Ted Postula - No meeting
Legislative and Natural Resource Committee - Earl Kay - No meeting
Computer Committee - Don Cooper - No meeting
Finance, Claims and Accounts - Rita Dale - 11-07-2002
Controller Tim Dolehanty reviewed supplemental information provided by Dr. Mary
Beth Skupien regarding the physical therapy joint partnership. In response to an earlier
inquiry from the Board of Commissioners, it was noted that the beneficiaries of the
project would be tribal members, non-Tribal spouses, family members, Tribal employees
and Medicaid patients. The Controller also quoted from Section 8 of the Consent
Judgment that established two percent payments stating, "Each tribe shall determine
which local unit or units of government shall receive payments and the amounts thereof;
provided, however, the guidelines governing the tribes in making said determinations
shall be based upon compensating said local units of government for governmental
services provided to the tribes and the impacts associated with the existence and location
of the tribal casino in its vicinity."
The Committee questioned the appropriateness of describing this request as a county
project. Chairperson Dale observed that the contract included with the supplemental
information had more to do with War Memorial Hospital than it did with the County.
Commissioner Kay observed the $49,544 project includes $41,544 for costs to renovate
and equip the Chi Mukwa facility, which is owned by the Tribe.
It was moved by Commissioner Dale, supported by Commissioner Hopper, to
recommend returning the check submitted for the physical therapy joint partnership to the
Tribe because the project does not fulfill the intended purpose of payments to be made to
local units of government under the Consent Judgment. On a voice vote, the motion
carried unanimously.
It was moved by Commissioner Dale, supported by Commissioner Cooper, to
recommend approval of the uniform Resolution for Adopting Benefit Program "E"
Increase to be effective on adjustment date of January 1, 2003. On a voice vote, the
motion carried unanimously.
Controller Dolehanty reviewed several proposals submitted by insurance carriers
interested in providing short term and long-term disability insurance.
The Committee discussed various components of the recommend insurance plans. It
was confirmed that both of the proposed programs complied with the provisions of
County labor contracts.
It was moved by Commissioner Dale, supported by Commissioner Cooper, to
recommend approval of the short-term disability and life insurance policies proposed by
the Baltimore Life Insurance Company, and the long-term disability insurance policy
proposed by Unum Provident. On a voice vote, the motion carried unanimously.
Controller Dolehanty asked the Committee to consider the method by which
accumulated sick leave would be paid out to applicable employees. He stated the County
could make a single, lump sum payment to the employees or may pay in three equal
annual installments.
It was moved by Commissioner Dale to recommend providing accumulated sick
leave compensation to applicable employees in three equal annual installments. The
motion died for a lack of support.
Commissioner Kay thought the Board was misinformed of the intent of the
employees and he felt it was not going to adversely affect the County by giving the
employees a lump sum.
It was moved by Commissioner Kay to recommend providing the accumulated sick
leave compensation in one lump sum to applicable employees. Motion supported by
Commissioner LaJoie. On a voice vote, the motion carried with Commissioner Hopper
voting nay.
After discussion, Commissioner LaJoie withdrew his support for the above mentioned
motion and Commissioner Kay amended his previous motion to say the accumulated sick
leave compensation pay out be at the discretion of the employee, either in a one lump
sum or in installments for three years at their current rate of pay for the year 2002. On a
voice vote, the motion carried unanimously.
The committee reviewed carpet purchase and installation quotes gathered by the
County Clerk. Proposal from Shunk Furniture, The Carpet Mart, Northern Hospitality
and Floors & More were considered.
It was moved by Commissioner Dale, supported by Commissioner Cooper, to
recommend approval of the quote submitted by the Carpet Mart for $1,300.73 as the most
complete proposal. On a voice vote, the motion carried unanimously.
Controller Dolehanty presented the results of a request for proposals (RFP) for ten
personal computers. Bids were received from five prospective vendors.
It was moved by Commissioner Dale, supported by Commissioner Hopper, to
recommend acceptance of the proposal from National Office Products for ten personal
computers at a cost of $16,999.70. On a voice vote, the motion carried unanimously.
A resolution to continue Chippewa County's participation in the Straits Area
Narcotics Enforcement program was considered by the Committee. It was noted that the
County already approved a contractual agreement to continue its participation.
It was moved by Commissioner Dale, supported by Commissioner Hopper, to
recommend approval of the Resolution to Approve the Intergovernmental Task Force
Agreement to continue participation in the Straits Area narcotics Enforcement program.
On a voice vote, the motion carried unanimously.
It was moved by Commissioner Dale, supported by Commissioner Cooper, to
recommend approval of general fund claims totaling $165,279.23, other fund claims of
$628,389.41, payroll of $484,097.66 and health department claims of $408,806.74,
vouchers 32215 through 32394 and K-1 through K-163, with amended totals to be
presented at the regular Board meeting scheduled for November 12. On a voice vote, the
motion carried unanimously.
It was moved by Commissioner Hopper, supported by Commissioner Kay, to approve
the AFSCME contract with the County Health Department Unit. On a voice vote, the
motion carried unanimously.
It was moved by Commissioner Dale, supported by Commissioner, to accept the
Finance, Claims and Accounts Committee report as given. On a voice vote, the motion
carried unanimously.
It was moved by Commissioner Postula, supported by Commissioner Cooper, to
approve the Finance Work Session Minutes of November 4, 2002 as presented. On a
voice vote, the motion carried unanimously.
Moved by Commissioner Postula, supported by Commissioner Kay, to approve the
October 25 and October 26, 2002 County Board Work Session Meeting minutes as
presented. On a voice vote, the motion carried unanimously.
It was moved by Commissioner LaJoie, supported by Commissioner Postula, to
recommend Resolution 02-24, Hiawatha Behavorial Health Resolution, be tabled until
the next County Board meeting. The motion carried with Commissioner Cooper voting nay.
NEW BUSINESS: None
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 Board did
adjourn at 9:05 p.m.
Respectfully submitted,
Diane S. Cork, Clerk Gary McDowell, Chairman