Missaukee County Board of Commissioners Lake City, Michigan Organizational Meeting Commissioners Room January 12th, 2016 @ 2:00 PM Meeting Called to Order by Clerk Nielsen who gave the Prayer and Pledge of Allegiance. Roll Call of Districts – All present except Commissioner Vivian. Nominations opened for 2016 Chairperson. Motion by Rogers, supported by Hughston, to nominate Frank Vanderwal. Carried. Motion by Niebrzydowski, supported by Rogers, to close nominations and cast a unanimous ballot for Vanderwal. Carried. Frank Vanderwal elected 2016 Chairperson. Nominations opened for 2016 Vice-Chairperson. Motion by Rogers, supported by Bridson, to nominate Hubert Zuiderveen. Carried. Motion by Niebrzydowski, supported by Bridson, to close nominations and cast a unanimous ballot for Zuiderveen. Carried. Hubert Zuiderveen elected 2016 Vice-Chairperson. Chairperson Vanderwal thanked Commissioner Rogers for her term as Chairperson. Motion by Rogers, supported by Zuiderveen, to approve minutes from December 8th and from closed session portion only of December 3rd 2015 Finance Meeting, as presented. Carried. Correspondence received. Motion by Zuiderveen, supported by Niebrzydowski, to approve the agenda with the following addition: add Finance item d.: Probate Registrar position. Carried. Public Comment Citizen Don Sears wondered if decisions were made after the closed session on 12-3-15. Sheriff Bosscher reviewed his monthly and annual reports. Barb Hancock, County Treasurer, reviewed her annual financials report. Hancock also asked for approval of the County Depository listing, with Chemical Bank as the main Depository. Motion by Rogers, supported by Zuiderveen, to approve the listing of 2016 Depositories, as presented, with Chemical Bank as the main. Carried. Precia Garland, County Administrator, gave her monthly report including updates on the CDBG Housing Committee and the transitioning of the TNT Grant to Grand Traverse County. She also asked for Policies be approved as presented at the last Finance Meeting. Motion by Hughston, supported by Niebrzydowski, to approve policies P-19500 Smoking Policy, P-8250 HIPAA Policy, and F-18400 Revenue Policy as presented. Carried. Chairperson Vanderwal presented a Resolution on behalf of the Board for Barbara Hancock in regards to her retirement: Resolution 2016-1 Resolution Honoring Barbara Hancock January 12, 2016 WHEREAS, Barbara Hancock was appointed Missaukee County Treasurer August 2, 2003, and WHEREAS, Barbara came to Missaukee County with superb credentials in finance from her career in banking, and WHEREAS, Barbara also brought outstanding leadership to this position, having been previously recognized as Citizen of the Year by the Lake City Chamber of Commerce, Kiwanian of the Year by the Lake City Kiwanas Club, and having served on the Missaukee County Habitat for Humanity Board, and WHEREAS, Barbara has now decided to retire from Missaukee County to enjoy more time with her family and pursue her personal interests, therefore BE IT RESOLVED that the Missaukee County Board of Commissioners would like to recognize and honor Barbara for her time and efforts on behalf of the County and wish her success and happiness in her future endeavors. Linda Hartshorne-Shafer, Planning/EMD, introduced Cadillac/Wexford Transit Authority Executive Director, Carrie Thompson. Thompson provided the Board with some scenarios for public transportation in Missaukee County as to what could be provided with projected costs. The Board will review the information and discuss at their next Finance Committee meeting. Finance Committee Report The Board reviewed the Park Rules and Duties document as presented by the Park Commission. The Board will send back to the Park Commission for further revision. The Board discussed the wages for Elected Officials for the new terms that will begin 1-1-2017. The Board will defer that to the Finance Committee meeting next month. The Board discussed the recent legislation that became PA 269 (2015) and reviewed a resolution in opposition, as proposed by Michigan Municipal League. Motion by Rogers, supported by Niebrzydowski, to adopt the Resolution in Opposition to Public Act 269. Roll Call Vote: 5 Yeas (Niebrzydowski, Bridson, Hughston, Vanderwal, Rogers) 1 Abstain (Zuiderveen) 1 Absent (Vivian). Carried. Resolution 2016-2 RESOLUTION In Opposition to Public Act 269 WHEREAS, Governor Snyder signed into law, with immediate effect, Public Act 269 (Senate Bill 571) despite wide spread calls for a veto of this bill, including members of his own party; and WHEREAS, both the Michigan Senate and the Michigan House of Representatives passed Senate Bill 571 late into the night of December 16, 2015, just prior to recessing for the year; and WHEREAS, one of the last minute amendments made to Senate Bill 571, without the knowledge of the Michigan Municipal League or other local government organization, and approved without public testimony or awareness, was the new language inserted into Section 57, subsection (3); and WHEREAS, this new law prohibits a public body, or a person acting for a public body, from using public funds or resources for the purpose of communicating any information to the electorate regarding a local ballot question that is to appear on the ballot, within 60 days of an election, and WHEREAS, this law places an immediate gag order on entities with ballot questions on the March 8 ballot and every election thereafter; and WHEREAS, municipal elected and appointed officials have a civic and legal duty to the residents of their communities to fully inform them regarding the issues placed before them, upon which they may exercise their constitutional right to vote; and WHEREAS, existing laws, including the former language in Section 57, and decades of guidance from the Michigan Secretary of State, already prohibit the use of public funds to advocate for or against ballot issues; and WHEREAS, existing laws already provided for an allowance for elected and appointed officials to express their views without fear of violating the act; and WHEREAS, because the new law bans only communication on local ballot issues, it creates inconsistent treatment of statewide ballot questions versus local initiatives; and WHEREAS, there are substantial questions regarding the constitutionality and legality of the new law, including a possible ban on freedom of speech; NOW, THEREFORE, BE IT RESOLVED, that the Missaukee County Board of Commissioners calls for immediate repeal of the new language in Section 57, subsection(3) of PA269 of 2015; and NOW, THEREFORE, BE IT FINALLY RESOLVED, that a copy of this Resolution be forwarded to the County’s state representatives in the Michigan House of Representatives and the Michigan Senate. The Board discussed the Probate Registrar position salary as requested by the Probate Judge, Charles Parsons. The Board agreed Commissioners Rogers, Niebrzydowski, and Hughston will meet to discuss further. Personnel Committee Report Motion by Bridson, supported by Hughston, to appoint Bill Mosher, Sharon Pintrick, and Aldyne Ebels to the Missaukee County Commission on Aging as Board Members for regular terms expiring 12-31-2018. Carried. Claims and Accounts Report Motion by, supported by, to pay Claims and Accounts and Own Accounts as presented. Roll Call Vote: 6 Yeas (Rogers, Hughston, Zuiderveen, Bridson, Vanderwal, Niebrzydowski) 0 Nays 1 Absent (Vivian). Carried. Commissioner Reports Chairperson Vanderwal reported the board appointments for the year: Lan Bridson and Star Hughston will be alternates on the Planning Commission. The alternate on the Health Board will now be Star Hughston. Frank Vanderwal will now be the Primary on the LEPC Committee. The Missaukee County Housing Committee in whole will be replaced by the recently appointed CDBG Housing Committee. The NW Michigan Action Agency representative will now be Pam Niebrzydowski. The remaining Committees and Commissions appointments will remain the same as 2015. The Board Members reported on their monthly meetings. Motion by Zuiderveen, supported by Bridson, to go into closed session pursuant to Section 8(h) of the Open Meetings Act to consider material which is exempt from disclosure under Section 13(1)(g) of Michigan’s Freedom of Information Act to consult with the County’s Attorney regarding a legal opinion on pending litigation, excluding everyone but the County Administrator and Clerk/Register. Roll Call Vote: 6 Yeas (Rogers, Hughston, Zuiderveen, Bridson, Vanderwal, Niebrzydowski) 0 Nays 1 Absent (Vivian) Carried. CLOSED SESSION Motion by Zuiderveen, supported by Bridson, to return to open session at 4:30pm. Carried. Commissioner Hughston now absent. Public Comment: Citizen Don Sears asked if the Park Rules and Duties document has always been in place. He also asked that the Commissioners request anyone who presents something at a meeting to provide copies for the public as well. Motion by Rogers, supported by Zuiderveen, to go into closed session pursuant to Section 8(h) of the Open Meetings Act to consider material which is exempt from disclosure under Section 13(1)(g) of Michigan’s Freedom of Information Act as requested by Administrator Precia Garland for a periodic evaluation, excluding everyone but the County Administrator and Clerk/Register. Roll Call Vote: 5 Yeas (Zuiderveen, Bridson, Vanderwal, Niebrzydowski, Rogers) 0 Nays 2 Absent (Hughston, Vivian) Carried. CLOSED SESSION Motion by Rogers, supported by Bridson, to return to open session at 4:55PM. Carried. Meeting adjourned until February 9, 2016 at 2PM or Call of the Chair. _______________________________ Frank Vanderwal, Chairman __________________________________ Jessica Nielsen, Clerk