Muskegon County Board of Commissioners September 25, 2018 721 Benjamin E. Cross, Chairman Marvin Engle Gary Foster Susie Hughes Kenneth Mahoney Muskegon County Board of Commissioners Hall of Justice, 990 Terrace, 4 th Floor Muskegon, MI 49442 Charles Nash, Vice Chair Robert Scolnik I. John Snider II Rillastine R. Wilkins Board Minutes may be found on the web at http://co.muskegon.mi.us/clerk Tuesday, September 25, 2018 Chairman Benjamin E. Cross, Presiding The Full Board of Commissioners meeting was called to order by Chairman Cross. The Invocation was given by Commissioner Wilkins. The Pledge of Allegiance was led by Chairman Cross and recited in unison. Roll Call Present: Benjamin E. Cross, Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins Also Present: Beth Dick, Finance Director/Assistant County Administrator Nancy A. Waters, County Clerk Jeanne Pezet, Interim Elections Coordinator Doug Hughes, Corporate Counsel 2018-337 APPROVAL OF THE AGENDA Moved by Commissioner Wilkins, seconded by Commissioner Nash, to approve the agenda. Voice vote Motion Carried 2018-338 APPROVE THE MINUTES OF SEPTEMBER 11, 2018 Moved by Commissioner Engle, seconded by Commissioner Mahoney, to approve the Minutes of September 11, 2018. Voice vote Motion Carried PUBLIC COMMENT (on an agenda item) Beth Dick, Finance Director/Assistant County Administrator, noted Ways and Means report item 106 the original agenda approved at Ways and Means, the print range cut off some of the items on the last page so a revised attachment had been distributed to Commissioners to correct that printing error.
Muskegon County Board of Commissioners September 25, 2018 722 COMMUNICATIONS The following item was provided to Commissioners for information: (See Attachment) - Menominee Board of Commissioners Resolution: Opposition to HB 5752 & 5753 COMMITTEE/BOARD REPORTS Commissioner Scolnik reported that the Community Development/Strategic Planning Committee met on September 20, 2018. There were no action items presented. 2018-339 AUTHORIZE TO TERMINATE WIND ENERGY LEASE AND APPROVE NEW SOLAR ENERGY LEASE WITH SAME; AND AUTHORIZE THE BOARD CHAIR TO SIGN APPROPRIATE DOCUMENTS BPW-18-100 The Board of Public Works recommends, moved by Commissioner Hughes, seconded by Commissioner Engle, to authorize to terminate wind energy lease and approve new solar energy lease with same; and authorize the Board Chair to sign appropriate documents. 2018-340 AUTHORIZE TO RATIFY AND CONFIRM THE PURCHASE OPTION AGREEMENT WITH MUSKEGON COUNTY SOLAR PROJECT, LLC, TO CONSUMERS ENERGY PREVIOUSLY EXECUTED SOLAR ENERGY LEASE AND APPROVE THE AMENDMENT TO THE SOLAR ENERGY LEASE AND EASEMENT AGREEMENT, THE ASSOCIATED MEMORANDA, AND ESTOPPEL PERTAINING TO THE VARIOUS AGREEMENTS, AND AUTHORIZE BOARD CHAIR TO SIGN BPW-18-101 The Board of Public Works recommends, moved by Commissioner Hughes, seconded by Commissioner Engle, to authorize to ratify and confirm the purchase option agreement with Muskegon County Solar Project, LLC, to Consumers Energy previously executed solar energy lease and approve the amendment to the solar energy lease and easement agreement, the associated memoranda, and estoppel pertaining to the various agreements, and authorize Board Chair to sign.
Muskegon County Board of Commissioners September 25, 2018 723 2018-341 APPROVE THE MUSKEGON AREA TRANSIT SYSTEM WRITTEN POLICY FOR PUBLIC COMMENT ON FARE AND SERVICE CHANGES AS REVISED AUGUST 2018 TR18/09-30 The Transportation Committee recommends, moved by Commissioner Wilkins, seconded by Commissioner Foster, to approve the Muskegon Area Transit System Written Policy for Public Comment on Fare and Service Changes as revised August 2018. 2018-342 APPROVE PAYMENT OF THE ACCOUNTS PAYABLE OF $8,153,234.54, COVERING THE PERIOD OF AUGUST 24, 2018 THROUGH SEPTEMBER 7, 2018 FOR CHECKS AND AUGUST 1, 2018 THROUGH AUGUST 31, 2018 FOR EFT PAYMENTS, AS PRESENTED BY THE COUNTY CLERK WM18/09-102 by Commissioner Hughes, to approve payment of the accounts payable of $8,153,234.54, covering the period of August 24, 2018 through September 7, 2018 for checks and August 1, 2018 through August 31, 2018 for EFT payments, as presented by the County Clerk. 2018-343 ADOPT THE FY2019 COUNTY OF MUSKEGON APPROPRIATION ORDINANCE INCLUDING THE BUDGET AMENDMENTS, POSITION CHANGES, FY2019 EQUIPMENT ITEMS AND FY2019 CAPITAL PROJECTS, WHICH COLLECTIVELY REPRESENT THE IMPLEMENTATION OF THE COUNTY OF MUSKEGON S FY2019 OPERATING BUDGET WM18/09-103 by Commissioner Hughes, to adopt the FY2019 County of Muskegon Appropriation Ordinance including the Budget Amendments, position changes, FY2019 Equipment Items and FY2019 Capital Projects, which collectively represent the implementation of the County of Muskegon s FY2019 Operating Budget.
Muskegon County Board of Commissioners September 25, 2018 724 2018-344 AUTHORIZE THE LIQUIDATION OF SURPLUS ITEMS LOCATED FROM CHILD HAVEN WM18/09-104 by Commissioner Hughes, to authorize the liquidation of surplus items located from Child Haven. 2018-345 AMEND THE FY2018 SHERIFF JAIL BUDGET (1010-0351) FOR AN INCREASE OF $109,000 FROM $7,601,411 TO $7,710,411 RESULTING IN A CORRESPONDING INCREASE TO TOTAL GENERAL FUND EXPENDITURES FROM $51,177,249 TO $51,286,249 WM18/09-105 by Commissioner Hughes, to amend the FY2018 Sheriff Jail budget (1010-0351) for an increase of $109,000 from $7,601,411 to $7,710,411 resulting in a corresponding increase to total General Fund expenditures from $51,177,249 to $51,286,249. 2018-346 AUTHORIZE THAT THE VENDOR AND CONTRACTOR RELATIONSHIPS OUTLINED ON THE ATTACHED SCHEDULE BE APPROVED TO CONTINUE UNDER EXISTING ARRANGEMENTS FOR THE TIME PERIOD FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019 WM18/09-106 by Commissioner Hughes, to authorize that the vendor and contractor relationships outlined on the attached schedule be approved to continue under existing arrangements for the time period from October 1, 2018 through September 30, 2019.
Muskegon County Board of Commissioners September 25, 2018 725 2018-347 AUTHORIZE THE ASU GROUP, AS MUSKEGON COUNTY S THIRD PARTY ADMINISTRATOR FOR WORKERS COMPENSATION, FOR THE THREE (3) YEAR PERIOD OF 1/1/2019 TO 12/31/2021 AT A FIXED RATE OF $8,500.00 PAID ANNUALLY AND A PER CLAIM FEE OF $140.00 FOR NEW/TAKE OVER MEDICAL ONLY CLAIMS AND $725.00 FOR NEW/TAKE OVER INDEMNITY CLAIMS, OPTION TO RENEW FOR TWO (2) SUBSEQUENT, ONE (1) YEAR EXTENSIONS, BASED ON MUTUAL AGREEMENT BETWEEN BOTH PARTIES AT A FIXED RATE OF $8,500.00 PAID ANNUALLY WITH A PER CLAIM FEE OF $150.00 FOR NEW/TAKE OVER MEDICAL ONLY CLAIMS AND $750.00 FOR NEW/TAKE OVER INDEMNITY CLAIMS EACH YEAR WM18/09-107 by Commissioner Hughes, to authorize The ASU Group, as Muskegon County s Third Party Administrator for Workers Compensation, for the three (3) year period of 1/1/2019 to 12/31/2021 at a fixed rate of $8,500.00 paid annually and a per claim fee of $140.00 for New/Take over Medical only claims and $725.00 for New/Take over Indemnity claims, option to renew for two (2) subsequent, one (1) year extensions, based on mutual agreement between both parties at a fixed rate of $8,500.00 paid annually with a per claim fee of $150.00 for New/Take over Medical only claims and $750.00 for New/Take over Indemnity claims each year. 2018-348 AUTHORIZE A CONTRACT WITH UNITED HEALTH CARE TO PROVIDE THE MEDICARE ADVANTAGE PLAN TO MUSKEGON COUNTY POST-65 RETIREES FROM JANUARY 1, 2019 THROUGH DECEMBER 31, 2020 FOR A 2019 MONTHLY PREMIUM RATE OF $201.20 PER RETIREE WM18/09-108 by Commissioner Hughes, to authorize a contract with United Health Care to provide the Medicare Advantage Plan to Muskegon County post-65 retirees from January 1, 2019 through December 31, 2020 for a 2019 monthly premium rate of $201.20 per retiree.
Muskegon County Board of Commissioners September 25, 2018 726 2018-349 APPROVE CREATING A NEW POSITION, LAND BANK SPECIALIST (NO- 00195, $16.749/HR. - $21.102/HR.), FILLING THE POSITION THOUGH COUNTY STANDARD PROCEDURES AND AUTHORIZE DELETION OF THE LAND BANK SECRETARY, HOURLY POSITION NUMBER N47401 WM18/09-109 by Commissioner Hughes, to approve creating a new position, Land Bank Specialist (NO- 00195, $16.749/hr. - $21.102/hr.), filling the position though County standard procedures and authorize deletion of the Land Bank Secretary, Hourly position number N47401. 2018-350 APPROVE THE COLLECTIVE BARGAINING AGREEMENTS FOR THE GENERAL EMPLOYEES UNIT, CIRCUIT/PROBATE COURT UNIT, DISTRICT COURT UNIT, CMH AIDE UNIT, SHERIFF DEPUTY UNIT AND CORRECTIONS OFFICER UNIT AND AUTHORIZE THE COUNTY BOARD CHAIR AND COUNTY CLERK TO SIGN WM18/09-110 by Commissioner Hughes, to approve the collective bargaining agreements for the General Employees Unit, Circuit/Probate Court Unit, District Court Unit, CMH Aide Unit, Sheriff Deputy Unit and Corrections Officer Unit and authorize the County Board Chair and County Clerk to sign. CHAIRMAN S REPORT/COMMITTEE LIAISON REPORTS Chairman Cross announced the following upcoming events: A. 4 th Annual Halloween Harvest Weekend Friday, Sept. 28 th and Saturday, Sept. 30 th at Pioneer Park. For more information, go to: https://visitmuskegon.org/event/4th-annual-halloween-harvest-weekend/ B. Jason Quigno Sculpture Dedication, Reception & Lecture will be held Thursday, October 4: Sculpture Dedication @ 5:30 p.m. at the Muskegon County Visitor Center, 610 W. Western Ave. with the Reception & Artist Talk with Jason Quigno at 6:00 pm at the Muskegon Museum of Art, 380 W. Western Ave., Suite 202. For more information, go to: https://muskegonartmuseum.org/event/jasonquigno-sculpture-dedication-reception-lecture/
Muskegon County Board of Commissioners September 25, 2018 727 C. Dr. Alveda King: Redeeming the Dream on Thursday, October 4 th at 7 p.m. at the Frauenthal Theater. For more information, go to: https://frauenthal.org/event/redeeming-the-dream/ D. Depot to Depot Fall Color Tour: the following Saturdays - October 6 th, 13 th & 20 th, 10 a.m. to 4 p.m. Muskegon County Convention & Visitors Bureau/White Lake Area Chamber/CVB https://www.whitelake.org/event/depot-to-depot/2018-10-06/ E. Knowsmoke Zombie Walk will take place on Saturday, October 6 th from noon to 3 p.m. at Heritage Landing. For more information, go to: https://visitmuskegon.org/event/knowsmoke-zombie-walk-2/ Commissioner Hughes reported on the MAC meeting for Health & Human Services where they approved making opioid medications dispensed with lockable tops although can request different top at pharmacy. New changes at HealthWest that will be more focused on the child.
Muskegon County Board of Commissioners September 25, 2018 728 ADMINISTRATOR S REPORT 2018-351 APPROVE A FORMAL BID PROCESS FOR THE BOARD AND CARE OF DOGS IMPOUNDED BY LAW ENFORCEMENT AGENCIES A/K/A ANIMAL CONTROL AND ENFORCEMENT FOR MUSKEGON COUNTY AS SET FORTH BY THE STATUTORY OBLIGATIONS UNDER MCL 2873.266-287.277; MICHIGAN PUBLIC ACT 339 OF 1919 (DOG LAW) AND FURTHER AUTHORIZE THE EXTENSION OF THE CURRENT CONTRACT WITH POUND BUDDIES UNTIL THIS FORMAL BID PROCESS IS COMPLETE The Administrator recommends, moved by Commissioner Hughes, seconded by Commissioner Mahoney, to approve a formal bid process for the board and care of dogs impounded by law enforcement agencies a/k/a animal control and enforcement for Muskegon County as set forth by the statutory obligations under MCL 2873.266-287.277; Michigan Public Act 339 of 1919 (Dog Law) and further authorize the extension of the current contract with Pound Buddies until this formal bid process is complete. Commissioner Foster asked for an update; he heard from a local Township Supervisor that Pound Buddies is not up and running. Sheriff Michael Poulin noted members of Pound Buddies were in the audience but he understood things were moving right along. Chairman Cross indicated that calls at 6 p.m. are not answered and messages are not returned. Sheriff Poulin indicated that processes have not changed. Lana Carson, Director of Pound Buddies reported that, effective the end of June, Pound Buddies is running Central Dispatch calls seven days a week, 8 a.m. to 8 p.m. Ms. Carson was not aware of any issues. Ms. Carson indicated there are 5 people trained and responding to calls with one or two going out depending on the call. The entire staff is being trained. Commissioner Foster asked if this is for a temporary or long-term contract. Beth Dick, Finance Director/Assistant County Administrator, indicated this is an extension until the bid process is complete. Charles Nash, I. John Snider II, Rillastine Wilkins No: Robert Scolnik Motion Carried
Muskegon County Board of Commissioners September 25, 2018 729 2018-352 AUTHORIZE THE MUSKEGON COUNTY BOARD CHAIR TO EXECUTE A RELEASE OF THE REPURCHASE RIGHTS AND RIGHTS OF FIRST REFUSAL IN THE OPTION AGREEMENT DATED OCTOBER 10, 1994, AND WARRANTY DEEDS DATED JANUARY 26, 2995, AND MAY 2, 1995, AND CONSENT TO THE CHANGE OF OWNERSHIP The Administrator recommends, moved by Commissioner Hughes, seconded by Commissioner Snider, to authorize the Muskegon County Board Chair to execute a release of the repurchase rights and rights of first refusal in the option agreement dated October 10, 1994, and warranty deeds dated January 26, 2995, and May 2, 1995, and consent to the change of ownership. 2018-353 AUTHORIZE SETTLEMENT OF THE SHERIFF COMMAND UNIT COLLECTIVE BARGAINING AGREEMENT AND AUTHORIZE THE COUNTY BOARD CHAIR AND COUNTY CLERK TO SIGN THE AGREEMENT SUBSEQUENT TO SIGNATURES BEING OBTAINED FROM UNION REPRESENTATIVES The Administrator recommends, moved by Commissioner Nash, seconded by Commissioner Mahoney, to authorize settlement of the Sheriff Command Unit collective bargaining agreement and authorize the County Board Chair and County Clerk to sign the agreement subsequent to signatures being obtained from union representatives. OLD BUSINESS Commissioner Foster asked for an update on placement of a Veterans Monument at Veterans Memorial Park. Beth Dick, Finance Director/Assistant County Administrator, indicated she will follow up on this. Discussion ensued with Commissioner agreeing they would like the monument placed prior to Veterans Day, November 11, 2018. Commission Snider inquired about the timing Veterans Memorial Park will be complete. Matt Farrar, Director of Public Works, could not provide an exact completion date but provided an update and indicated it will comply with the timeframe set by the original grant document. Discussion ensued.
Muskegon County Board of Commissioners September 25, 2018 730 NEW BUSINESS There was no new business. PUBLIC COMMENT (on a non-agenda item) Nancy Beeman, creator and designer of the Modern Day Warriors Monument, addressed the Board. Ms. Beeman stated she has been waiting for 10 months, with $14,000 secured from the general public, for a space to place a Monument to honor our four Modern Day Warriors that have been killed since 2011. Ms. Beeman stated she has been left in the dark; the money has been there for 10 months free and clear; not associated with any political party or what is going on with draining the swamp at the causeway; she just wants recognition for Muskegon County s four dead. Ms. Beeman would like to be able to tell the four families that their warriors are recognized by Muskegon County citizens. The Monument has not cost the County anything, Ms. Beeman is just asking for a square space. Ms. Beeman is also the curator of the Viet Nam Veterans Final Approach Memorial at the LST. Ms. Beeman is deeply committed to the Veterans of Muskegon County. Ms. Beeman stated she was appalled by the opposition she has faced since day one of trying to present this to the community. Chairman Cross indicated that we are moving in the right direction and it will be done. Ms. Beeman thanked Commissioners for their time. Commissioner Engle noted Muskegon County had the offer to commemorate the two Medal of Honor winners that are from Muskegon, free of charge, and that has not come to fruition in over a year. 2018-354 MOVED BY COMMISSION NASH, SECONDED BY COMMISSION ENGLE, TO ADJOURN Voice vote Motion Carried Meeting adjourned at 4:31 p.m. Nancy A. Waters, County Clerk NAW/jmp To be approved at the on Tuesday, October 16, 2018.