April 5, 2004

A meeting of the Chippewa County Board of Commissioners’ Legislation and Natural Resources Committee was held on Monday, April 5, 2004 at the Chippewa County Courthouse in Sault Ste. Marie, Michigan. County Board Chairman Earl Kay called the meeting to order at 5:00 p.m. with a quorum present.

MEMBERS PRESENT: Richard Timmer, Chairman (5:30), Rita Dale and Earl Kay

MEMBERS ABSENT: None

OTHER

COMMISSIONERS PRESENT: Don Cooper

OTHERS PRESENT: Tim Dolehanty, County Controller, Mark Keilhorn, (MDCH), Lindsley Fernette, Peter Markham, Bernie LaJoie, Don McLean, Christine McLean, Patrick Rodman, Mary Pirelli, Frances Hoholik, Lisa Lalond, and 16 Others

Approval of the Agenda

Chairman Kay called for changes to the agenda. No changes were offered.

It was moved by Commissioner Dale, seconded by Chairman Kay, to approve the agenda as presented. On a voice vote, the motion was CARRIED.

Public Comments

The Chairman recognized Lindsley Fernette, Peter Markham, and Bernie LaJoie who all asked to defer comment until after hearing comments from Mr. Keilhorn.

Don McLean reviewed his experiences with the Hiawatha Behavioral Mental Health Authority (HBH) over several years.

Correspondence and Information Items

County Controller Tim Dolehanty reviewed several pending House and Senate Bills that could potential effect County government.

Agenda Item: Courthouse Emergency Action Plan

Mr. Dolehanty presented the County Courthouse Emergency Plan on behalf of Tim McKee, OES/E 9-1-1 Director. He stated the Plan was presented to County department heads several months ago.

It was moved by Commissioner Dale, seconded by Chairman Kay, to forward the County Courthouse Emergency Plan to the Board of Commissioners for final action. On a voice vote, the motion was CARRIED.

City of Sault Ste. Marie TIF Plan Amendments

The Committee received a copy of the revised tax increment finance (TIF) plan and public hearing notice provided by the City of Sault Ste. Marie. It was agreed that the Plan should be addressed at the next meeting of the Board of Commissioners.

Discussion of Mental Health Issues

Chairman Kay introduced Mr. Mark Keilhorn of the Michigan Department of Community Health (MDCH). In response to questions posed by Mr. Dolehanty, Mr. Keilhorn discussed how mental health agencies are funded through Medicaid, State government, and the counties. He also spoke about the relationship between the State, HBH and Pathways Mental Health Authority, the Medicaid agent for the entire Upper Peninsula.

Mr. Keilhorn discussed the statutory process the County would have to follow in order to establish its own mental health program. He explained that the program would have to be certified as fully operational before State funding could be provided. Prior to that time, Mr. Keilhorn said the County would be required to fund the entire program.

Participation in another community mental health (CMH) authority was discussed by Mr. Keilhorn. He said joining an adjacent CMH might require changes to CMH agreements in other counties. Mr. Keilhorn also cautioned that joining another CMH might result in less representation than the County currently has on the HBH Board.

In regard to services provided by HBH, Mr. Keilhorn said HBH does not have much flexibility. He said Medicaid and the State will not provide funds for services that exceed minimum requirements. However, local funds could be used to provide additional services. He also explained that state, federal or local funds could be used to provide employee bonuses, depending on how the bonuses were structured.

Lindsley Fernette, Chairman of the Schoolcraft County Board of Commissioners, asked about local match dollars. Mr. Keilhorn said four counties have asked for hardship consideration, and that only the Chippewa County request has been granted so far.

Bernie LaJoie, an HBH Board member from Chippewa County, asked whether money used to pay for employee bonuses and administrative pay raises could be used to supplant funds required from the counties. Mr. Keilhorn said this was not possible because the funding may have come from the state or Medicaid.

Peter Markham asked about control the counties have over HBH funding, and whether the counties could collectively decide to reduce that funding. Mr. Keilhorn stated counties do not have the ability to set funding levels for mental health. He added that any of the counties could opt out of participation in HBH. If this occurred, the State would be required to assume responsibility for the mental health program. As a result, the counties would be required to pay for mental health programs under the statutory formula.

Mr. Markham referred to a recent situation in which a Schoolcraft County employee was fired based on reports created by HBH. He said the employee was denied access to the HBH reports in question, then asked about the authority exercised by HBH to sequester the documents. Mr. Keilhorn said the reports could possibly be recipient rights reports protected by client confidentiality rules, but he had no way of knowing the circumstances of the situation.

Commissioner Cooper said the amount of effort put into recent investigations of mental health service options should have been undertaken before the decision to join HBH was made. He added that it did not seem right that the County should have to cut employee positions because it must provide fund to HBH while HBH holds over $2.5 million in fund balance.

Mr. Keilhorn said there appeared to be some confusion over the roles of the different government bodies associated with HBH. He said Chippewa County may have concerns, but the Board of Commissioners is not the proper forum to raise those concerns. He added that there is no mechanism to bring issues to the County with the thought that they would easily translate to another government body such as HBH. Mr. Keilhorn said the only recourse is through the courts.

Chairman Kay said he understood earlier statements to mean the counties could disband HBH, which Mr. Keilhorn then confirmed.

Christine McLean clarified that the County would have to provide a one-year notice of its intention to leave HBH. Mrs. McLean asked whether Medicaid dollars could be used to pay for the costs associated with a number of recent HBH expenditures. Mr. Keilhorn said he was not able to answer in detail.

HBH employee Fran Hoholik asked about the definition of a contiguous county as it pertains the membership in a CMH. Mr. Keilhorn said the current definition includes counties within 50 miles of a county boundary, but pending federal legislation might change the definition.

Mr. Markham asked if surplus funds held by HBH could be transferred to the member counties. Mr. Keilhorn said such a transfer was not possible.

Committee Chairman Richard Timmer expressed concern about persons in need of assistance who are left out of the system. He said there is a need to establish a method for getting care to these persons. Mr. Timmer also cited a need to address those with drug and alcohol issues in a more consistent manner. He concluded by stating the County was not getting answers from HBH.

Adjourn

Chairman Timmer declared the meeting adjourned at 6:28 p.m.

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Timothy J. Dolehanty, AICP, Recorder Richard Timmer, Committee Chairman