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1 Tuesday, November 6, The regular meeting of the Sanilac County Board of Commissioners was called to order by Chairman Daniel Dean at 1:00 p.m., on Tuesday, November 6, 2018 in the Board of Commissioners Chambers at 60 W. Sanilac Avenue, Sandusky, Michigan. The prayer was given by Commissioner Conely and the pledge was led by Commissioner Muxlow. Roll call was taken. Members present: Bob Conely, Paul Muxlow, Bill Sarkella, Gary Heberling and Daniel Dean. Quorum present. Administrator / Controller Tara Griffith also present. Additions, Corrections and Deletions to the Agenda: None. Adoption of Agenda: MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER SARKELLA THAT WE ADOPT THE AGENDA AS PRESENTED. Motion carried. Approval of Minutes: MOVED BY COMMISSIONER CONELY AND SECONDED BY COMMISSIONER HEBERLING THAT WE APPROVE THE MINUTES OF OCTOBER 16 AND 24, 2018 AS PRINTED. Motion carried. Communications and Introductions: 1. Minutes from the Sanilac County Council on Aging meeting held on October 15, Resolution Supporting Ojibway Correctional Facility. 3. Bay County Board of Commissioners Resolution in Opposition to Senate Bill 1031, a Bill to Amend 1893 PA206, Entitled, The General Property Tax Act, (MCL to ) By adding section 9p. 4. Letter from the Department of the Army, Detroit District, Corps of Engineers has posted a public notice to their internet home page for the proposed project: Filed Number: LRE S18, Applicant: Richard and Judith Martin. 5. Berrien County Resolution Opposing the Legalization of Non-Medical and Recreational Marijuana. 6. Minutes from the Sanilac County Department of Veterans Affairs Committee meeting held on October 30, Thank you card to the Board of Commissioners for allowing the Sandusky Community Hearts to use the Courthouse lawn for their scarecrow display.
2 Tuesday, November 6, Public Notice from the Michigan Department of Environmental Quality, Water Resources Division, File No. HNH-MC2K-7AK7J, Port Sanilac Marina, 7365 Cedar Street, Port Sanilac, Michigan Letter from the Department of Health and Human Services, approving the annual plan and budget for Child Care Fund (CCF) expenditures from the Corps of Engineers Public Notice, Project LRE S18, Applicant: Great Lakes Shores, Inc. Commissioner Reports: Commissioners reported on meetings attended and updates on current projects within their jurisdictions. Administrator s Report: Update on the Pension Bond Application process with the Department of Treasury. Update on the Indigent Defense program, funding and hiring a MAC Director. Non-General Fund Budgets discussed and are included in today s motion. Keyser Agency and Priority Health will be hosting an educational meeting tomorrow at 10:00 a.m. Public Comments: Chairman Dean opened the Public Hearing for 2019 Proposed General Fund Budget at 1:10 p.m. Tara Griffith, County Administrator / Controller, reviewed the changes implemented since the previous proposed budget, which has a negative impact on the Contingency Line by $27,473.13, leaving a Contingency budget of $396, for Commissioner Heberling, Finance Chairman, discussed the extra bond payment made each year on the jail to pay down the debt quicker. The proposed budget has the extra payment removed, but the Board will be revisiting this issue and hopes to replace the funding for the extra payment to be made in Trudy Nicol, County Treasurer, addressed the Board regarding the proposed transfer from the Tax Foreclosure Fund in the 2019 General Fund Budget. Trudy requested the Board amend the budget and the amount be transferred from the Delinquent Tax Revolving Fund instead. Funding is necessary in the Tax Foreclosure Fund to pay for services such as cleanup, environmental testing etc. for properties the County acquires through foreclosure. Greg Alexander, Drain Commissioner, thanked the Board for the increased funding for the Drains At Large. Greg requested that all the Elected Officials be included in the budget process in the future. Jerry Johnson, MSU Extension District Coordinator presented an extensive overview of the services provided through the Extension Office as well as a financial
3 Tuesday, November 6, review of the funds supporting these services. Jerry introduced staff members Betty Jo Krosnicki, Martin Nagelkirk and Colleen Wallace. Jerry reviewed numerous programs that are broken down into four institutes: Health & Nutrition; Children & Youth; Agriculture & Agribusiness; and Greening Michigan. Jerry reviewed the 4-H Youth Development program and statistical information. In Sanilac County, there are 8,256 youths between ages 5-19; in 4-H programs 2,065 are participating with 307 Adult Leaders and 48 Volunteer Leaders. Colleen Wallace, 4-H Coordinator, detailed the programs available for the youth and new programs added for Colleen s daughter, Riley, provided a presentation of all the activities that she has participated in and experiences gained while being involved in the 4-H programs. Appointments to Standing Committee: None. County Commission Appointments to Boards: Chairman Dean added County Treasurer and Finance Director to the Budget Committee. General Resolutions: None. Committee Reports: None. Unfinished Business: None. New Business: Chairman Dean closed the Public Hearing for the 2019 Proposed General Fund Budget at 1:56 p.m. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER CONELY THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY ADOPTS THE 2019 COUNTY BUDGET RESOLUTION, GENERAL FUND BUDGET AND APPROPRIATION ACT AS FOLLOWS: (SEE ATTACHED) Yes: Heberling, Muxlow, Conely, Sarkella and Dean. No: None. Resolution declared adopted. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER CONELY THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY APPROVES THE PAYMENT OF
4 Tuesday, November 6, CURRENT CLAIMS FOR 2018 IDENTIFIED ON THE ACCOUNTS PAYABLE REPORT DATED OCTOBER 30, 2018, FOR THE GENERAL BANK ACCOUNT IN THE AMOUNT OF $375, Motion carried. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER SARKELLA THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY APPROVES THE FOLLOWING AMENDMENTS, TRANSFERS AND ESTABLISHES THE FOLLOWING ACCOUNTS, AND FURTHER, ADOPTS THE FOLLOWING 2019 BUDGETS: 2018 BUDGET AMENDMENTS REVENUE: Increase: Transfer In-General Fund $ (148,000.00) Decrease: Transfer In $ 148, Increase: Transfer In -General Fund $ (48,000.00) Decrease: Transfer In $ 48, Increase: Transfer In -General Fund $ (5,000.00) Decrease: Transfer In $ 5, EXPENSE: Decrease: Defined Benefit/Pension $ (4,743.73) Increase: Deferred Contribution $ 4, Decrease: Transfer Out $ (148,000.00) Increase: Transfer Out-Police Vehicle $ 148, Decrease: Transfer Out $ (5,000.00) Increase: Transfer Out-Mail Dept $ 5, Increase: Court Appointed Attorney Fees $ 7, Decrease: Contingency $ (7,000.00) FURTHER, ESTABLISH THE FOLLOWING ACCOUNTS: Gas and Oil Non Business License & Permits - Airport Legal Fees Transfer In-US Marshall Transfer Out-Police Vehicle Transfer In-General Fund Transfer Out-Mail Dept Transfer In -General Fund Gas and Oil Gas and Oil
5 Tuesday, November 6, Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Gas and Oil Propane Gas and Oil Gas and Oil Gas and Oil Gas and Oil Vehicle Liability Insurance Vehicle Liability Insurance Vehicle Liability Insurance Witness Fees Interpreter Fees Professional Development-Mentoring Professional Development-Peer Review Investigators Conferences Travel-Motel & Meals Memberships Transportation-Mileage Reimbursement Cell Phone Reimbursement Office Equipment
6 Tuesday, November 6, Office Supplies Building Improvements Postage Transfer Out-Indigent Defense FURTHER, AUTHORIZE THE FOLLOWING 2018 TRANSFERS: Transfer In-Crime Victims Rights $ (9,278.50) Transfer Out- Retirees Health Ins. $ 9, Transfer In-US Marshall $ (30,576.00) Transfer Out-Police Vehicle $ 30, Transfer In-Crime Victims Rights $ (4,807.00) Transfer Out- Retirees Health Ins. $ 4, FURTHER, ADOPTS THE FOLLOWING 2019 BUDGETS: FUND #207 -DRUG TASK FORCE REVENUE $ 796, EXPENSE $ 796, FUND #210 - MEDICAL CONTROL $ 305, REVENUE $ 305, EXPENSE FUND #214 -S.A.V.E. REVENUE $ 339, EXPENSE $ 339, FUND #224 -SOIL EROSION REVENUE $ 35, EXPENSE $ 35, FUND #225 -ENVIRONMENTAL TRUST REVENUE $ 185, EXPENSE $ 185, FUND #230 MATERIAL RECOVERY REVENUE $ 381, EXPENSE $ 381, FUND #242 -LAND BANK AUTHORITY REVENUE $ 37,633.54
7 Tuesday, November 6, EXPENSE $ 37, FUND #256 -REGISTER OF DEEDS-AUTOMATED REVENUE $ 48, EXPENSE $ 48, FUND #259 - VETERANS AFFAIRS REVENUE $ 344, EXPENSE $ 344, FUND #260 -INDIGENT DEFENSE REVENUE $ 353, EXPENSE $ 353, FUND #263 -CONCEALED PISTOL LICENSING REVENUE $ 18, EXPENSE $ 18, FUND #264 -LOCAL CORRECTIONS TRAINING REVENUE $ 20, EXPENSE $ 20, FUND #269 -LAW LIBRARY REVENUE $ 23, EXPENSE $ 23, FUND #273 -CRIME VICTIMS RIGHTS REVENUE $ 92, EXPENSE $ 92, FUND #275 -REMONUMENTATION REVENUE $ 75, EXPENSE $ 75, FUND #288 -SANILAC TRANSPORTATION REVENUE $ 890, EXPENSE $ 890, FUND #296 -SENIOR COUNCIL ON AGING REVENUE $ 406, EXPENSE $ 406,305.00
8 Tuesday, November 6, FUND #298 -MAINTENANCE OF EFFORT REVENUE $ 350, EXPENSE $ 350, FUND # EMERGENCY REVENUE $ 522, EXPENSE $ 522, FUND #508 -PARKS REVENUE $ 1,483, EXPENSE $ 1,483, FUND #595 -SHERIFF COMMISSARY REVENUE $ 85, EXPENSE $ 85, FUND #636 -DATA PROCESSING REVENUE $ 532, EXPENSE $ 532, Motion carried. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER CONELY THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY AUTHORIZES NANCY RICH TO PURCHASE POLYCOM EQUIPMENT FROM CDWG, WITH INSTALLATION SERVICES PROVIDED BY J EWING, LLC., FOR A TOTAL COST NOT TO EXCEED $4,257.52, FOR EQUIPMENT AND INSTALLATION, WITH FUNDING FROM INDIGENT DEFENSE PLAN, NUNC PRO TUNC TO 10/16. Motion carried. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER CONELY THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY AUTHORIZES THE RECLASSIFICATION RECOMMENDATIONS AND PAY GRADE ASSIGNMENTS FOR THE DISTRICT COURT CLERK I, PAY GRADE 4 AND THE MAGISTRATE CLERK, PAY GRADE 4, TO THE STEP WHICH PROVIDES AN INCREASE, EFFECTIVE JANUARY 1, Motion carried. FA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER SARKELLA THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY AWARDS THE BID FOR CARPETING THE EQUALIZATION AND PUBLIC GUARDIAN OFFICES TO ORCHARD S
9 Tuesday, November 6, CARPET SERVICE AT A COST NOT TO EXCEED $5635, WITH A 50% DEPOSIT OF $2,817.50, FOR THE PURCHASE OF MATERIALS, WITH FUNDING FROM THE BUILDING & GROUNDS MAINTENANCE FUND, NUNC PRO TUNC TO 10/16. Motion carried. NFA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER MUXLOW THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY APPROVES THE FOLLOWING SCHOOL INTERVENTION OFFICER CONTRACT, EFFECTIVE OCTOBER 1, 2018 TO SEPTEMBER 30, 2019: School Intervention Officer Contract This agreement made and entered on this 1 st day of October 2018 between the Sanilac County Family Division-Juvenile Department, hereafter referred to as the County, and Brenda Cutler, 2490 Marlette Road, Applegate Michigan 48401, hereafter referred to as the Contractor. TERM OF CONTRACT This Agreement will become effective October 1, 2018 and will continue in effect until September 30, 2019, unless terminated in accordance with the provisions contained within this Agreement. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that the Contractor is an independent contractor and not an agent or employee of the County. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee. Both parties acknowledge that the Contractor is not an employee for state or federal tax purposes. Contractor shall retain the right to perform services for others during the term of this Agreement. The Contractor agrees to indemnify and hold harmless the County against loss or threatened loss or expense by reason of the liability or potential liability of the Contractor for or arising out of any claims for damages. SERVICES TO BE PERFORMED BY CONTRACTOR The Contractor agrees to provide truancy and behavioral intervention services to youth and/or family members of the youth. 1. The Contractor will provide truancy and behavioral intervention services for the County for the months of October 2018 through September The intervention services will be provided during the regular working hours of the Juvenile Division of the 24 th Circuit Court and such other times and days as necessary to fulfill this contract.
10 Tuesday, November 6, The School Intervention Officer will be expected to provide services from October 1, 2018 to September 30, 2019 for 3 ½ days per week. The assigned officer will be given time off in accordance with the school year calendar with no services scheduled or performed during school breaks except as necessary to fulfill this contract. 3. The Contractor will meet weekly with the Juvenile Court Director. 4. The Contractor will be expected to have the student and his/her parent(s) sign a truancy agreement to make sure the student attends school as expected. 5. The Contractor will make weekly contact and/or monitor the youth s attendance for any youth who signs a truancy agreement until his/her truancy agreement is completed or he/she is referred to the Court for further services. 6. The Contractor will meet with youth who are referred by the schools for continued behavioral issues, as deemed necessary by the Contractor and the Juvenile Court Director. 7. The Contractor will complete In Home Care documents as required by the Child Care Fund or Sanilac County. 8. The Contractor will be responsible for additional duties as assigned to this contract. COMPENSATION In consideration for the School Intervention Officer services the County shall pay the Contractor $20.86 per hour but not to exceed $28,000 for the completion of the contract in full. It shall be dispersed through bi-weekly paychecks. The Contractor will maintain a log of service hours and invoice the County bi-monthly. The contractor is responsible for paying all required state and federal taxes and charges that accrue due to compensation pursuant to this contract, included but not limited to: FICA/Medicare, federal and state unemployment insurance contributions, state and federal income taxes. COUNTY PROVISIONS The County will make available a vehicle for use by the Contractor and further designate up to $2, in the County Child Care Fund to offset the cost of gas/mileage that will be accrued for completion of the contract. Use of the Family Division-Juvenile Department vehicles will be permitted with the prior permission of the Juvenile Court Director. The County will provide the worker with office space and office equipment and supplies needed to fulfill the contract.
11 Tuesday, November 6, At any time, upon the demand of the County, and upon termination of the Agreement, with the Contractor, the Contractor will immediately deliver to the County all keys, all documents, equipment or tangible materials, including copies or duplicates, regarding the contractual services. TERMINATION OF SERVICES Either party may terminate this Agreement after not less than fourteen (14) days written notice to the other party. GENERAL PROVISIONS Any notice to be given by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the following addresses: County Contractor Juvenile court Director Brenda Cutler 60 West Sanilac Ave., Room Marlette Rd. Sandusky MI Applegate MI Notices delivered personally will be deemed communicated as of actual receipt, mailed notices will be deemed communicated as of three days after mailing. ENTIRE AGREEMENT OF THE PARTIES This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to rendering of services by Contractor. This agreement represents the entire agreement, oral or written, between the parties. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. PARTIAL INVALIDITY If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. GOVERNING LAW This agreement will be governed by and construed in accordance with the laws of the State of Michigan. Motion carried.
12 Tuesday, November 6, NFA MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER CONELY THAT THE SANILAC COUNTY BOARD OF COMMISSIONERS HEREBY APPROVE THE ATTACHED LETTER OF AGREEMENT BETWEEN THE SANILAC COUNTY SHERIFF, COUNTY OF SANILAC AND THE POLICE OFFICERS LABOR COUNCIL (POLC) COMMAND UNIT, AND FURTHER, AUTHORIZES THE BOARD CHAIRMAN SIGN THE AGREEMENT. Motion carried. Public Comments: None. Adjournment: MOVED BY COMMISSIONER HEBERLING AND SECONDED BY COMMISSIONER SARKELLA THAT WE ADJOURN AT 2:00 P.M. Motion carried. Denise McGuire, County Clerk Daniel Dean, Chairman
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