January 27, 2010

 

 

The Roscommon County Board of Commissioner’s met on Wednesday, January 27, 2010 for a regular meeting.  Chairman Nellist called the meeting to order at 10:25 A.M.

 

The Pledge of Allegiance was recited.

 

Roll Call:  Nellist, Melvin, Schneider, Milburn, Stephan.

Absent:  None.

 

Also Present:  Mark Chapman, Lt. Sheriff’s Dept.;  Ed Stern, Undersheriff;  Steve LeMire, Lt. Sheriff’s Dept.;  Patricia Wiley, E-911;  Larry Paxton;  Bill Ancel, Road Commission;  Glenn Schicker, H.L. Resorter;  Fred Koenigbauer, Lyon Twp.;  Rosalie Meyer, Economic Development;  Shari Dickson, M.S.U. Ext.;  Rick Meeks, H.L.P.O.A.;

Frank Homola, Gerrish Twp.;  Ric Federau, Higgins Lake Civic Assoc.;

 

            1.         Moved by Stephan, seconded by Milburn to approve the agenda and

                        delete motion #7 regarding MERS.  On roll call:  Ayes:  Nellist, Melvin,

                        Schneider, Milburn, Stephan.  Nays:  None.  Motion carried.

 

Public Comment – Shari Dickson, M.S.U. thanked the Commissioner’s for her kitchen.  She will have an Open House for the employees.

 

Controller’s Report – Key cards; Year end figures; Brownfield Agreement (Economic Development)

 

Correspondence

            A.        Michigan DEQ

                        Re:  Dam Safety Inspection Report.

            B.         Joel Sheltrown

                        Re:  Nokomis Center

 

Review of Monthly Reports – Animal Control; Gypsy Moth;  Economic Development;

 

Visitors – None.

 

Old Business/New Business – None

 

            2.         Moved by Milburn, seconded by Stephan to appoint Barbara Stauffer to

                        the Planning Commission Board to fill the remainder of Lois Byrd’s term

                        that began June 10, 2009 and will end June 10, 2012.  On roll call:  Ayes:

                        Nellist, Melvin, Schneider, Milburn, Stephan.  Nays:  None.  Motion

                        carried.

 

            3.         Moved by Stephan, seconded by Melvin to appoint Carl Seils to the

                        Planning Commission Board to fill the remainder of Dave Padden’s

                        term which began on June 10, 2009 and will end on June 10, 2010.  On

                        roll call:  Ayes:  Nellist, Melvin, Schneider, Milburn, Stephan.  Nays:

                        None.  Motion carried.

 

            4.         Moved by Stephan, seconded by Schneider to adopt Resolution for

                        Hazard Mitigation Plan as presented and authorize Chairman, Edward

                        Nellist to sign.

 

Hazard Mitigation Plan Adoption Resolution

 

                        WHEREAS, Roscommon County, Michigan has experienced disasters

                        that have damaged commercial, residential, and public properties,

                        displaced citizens and businesses, closed streets and bridges, and

                        presented general public health and safety concerns; and

 

                        WHEREAS, Roscommon County has prepared a Hazard Mitigation Plan

                        that outlines the County’s options to reduce overall damage and impact

                        from natural hazards; and

 

                        WHEREAS, the Hazard Mitigation Plan has been reviewed by County

                        residents, business owners, and federal, state, and local agencies, and

                        has been revised to reflect their concerns;

 

                        NOW, THEREFORE, BE IT RESOLVED THAT

·        The Roscommon County Hazard Mitigation Plan is hereby adopted

as an official plan of Roscommon County, Michigan.

·        A Hazard Mitigation Planning Committee is hereby established as a permanent county advisory body.  The County Local Emergency

Planning Committee (LEPC) shall function as the Hazard Mitigation Committee.  The Committee’s duties shall be designated in the Hazard Mitigation Plan.

·        The Hazard Mitigation Committee is charged with supervising

the implementation of the Plan’s recommendations within the

funding limitations as provided by the Roscommon County Board

of Commissioner’s or other sources.

·        The Hazard Mitigation Committee shall give priority attention to

action items recommended by the Hazard Mitigation Plan as high

priority.

·        The Hazard Mitigation Committee’s facilitator shall convene the

Hazard Mitigation Committee at least once per year.  The Committee shall monitor implementation of the plan and shall

submit a written progress report to the County Board of

Commissioners in accordance with the following format

 

                                    On roll call:  Ayes:   Nellist, Melvin, Schneider, Milburn, Stephan.

                                    Nays:  None.  Motion carried.

 

            5.         Moved by Milburn, seconded by Schneider to approve Resolution to

                        Support the Final Report of the Legislative Commission on Statutory

                        Mandates, December 2009 as presented and authorize Chairman, Edward

                        Nellist to sign. 

 

SUPPORT OF THE FINAL REPORT

OF THE LEGISLATIVE COMMISSION ON STATUTORY

MANDATES, DECEMBER 2009

 

                        WHEREAS the electorate of the State of Michigan passed an amendment

                        in November 1978 to the State’s Constitution that required the State to

                        fund mandates imposed on local units of government (often referred to

                        as the “Headlee Amendment”); and

 

                        WHEREAS, the Headlee Amendment (Article IX, Section 29) states:

 

                        “The state is hereby prohibited from reducing the state financed proportion

                        of the necessary costs of any existing activity or service required of units

                        of Local Government by state law.  A new activity or service or an increase

                        in the level of any activity or service beyond that required by existing law

                        shall not be required by the Legislature or any state agency of units of Local

                        Government, unless a state appropriation is made and disbursed to pay the

                        unit of Local Government for any necessary increased costs.  The provision

                        of this section shall not apply to costs incurred pursuant to Article VI, Section

                        18.” and;

 

                        WHEREAS the Headlee Amendment became effective on December 23, 1978;

                        and

 

                        WHEREAS, the State Legislature established the Legislative Commission on

                        Statutory Mandates (LCSM) through P.A. 98 of 2007, as amended by P.A. 356

                        of 2008 and assigned the LCSM to identify mandates (including those involving

                        reports) and the related cost of the mandates to local units of government, along

                        with recommendations to resolve the unfunded mandates; and

 

                        WHEREAS, the LCSM worked with the Citizens Research Council (issued an

                        analysis of other state’s statutes and constitutional requirements similar to the

                        Headlee Amendment) and local units of government associations, including:

·        Michigan Association of Counties.

·        Michigan Municipal League.

·        Michigan Township Association

·        Michigan School Business Officials and Michigan Association of School

Administrators.

·        Michigan Community College Association.

·        County Road Association of Michigan

                        WHEREAS the LCSM issued a report in June 2009 entitled “Interim Report of                                     the Legislative Commission on Statutory Mandates” that indicated, among other

                        matters, that the State had failed to enact legislation enabling the Headlee

                        Amendment and has not complied with the Headlee Amendment since its

                        adoption in 1978; and

 

                        WHEREAS the LCSM has completed its report in December 2009 entitled

                        “Final Report of the Legislative Commission on Statutory Mandates” that

                        reaffirms the Interim Report results and provides recommendations,

                        including but not limited to:

·        Drafted legislation and court rules that would mitigate unfunded mandates

imposed on local units of government in the future.

·        Proposed procedures that will prevent new unfunded mandates from being

imposed on local units of government.

·        Proposed procedures that would be corrective should unfunded mandates

be imposed that include, among other requirements:

                                                A submission of an action before the Court of Appeals to be heard

                                                by a special master in order to rule on whether the matter is a

                                                mandate and if the mandate is under funded.

                                                Require the Court of Appeals to rule on the above within six

                                                months of the filing.

                                                Should the Court of Appeals not rule on the above within six

                                                months, the local unit of government would have no obligation

                                                to continue to provide the services until such time as the State

                                                complies with the Headlee Amendment.

                        WHEREAS, the Michigan Association of Counties adopted a resolution of

                        support for the recommendations contained in the final LCSM report in

                        December 2009.

 

                        NOW THEREFORE BE IT RESOLVED that the Roscommon County Board of

                        Commissioners supports the findings and recommendations in the interim and

                        final reports of the Legislative Commission on Statutory Mandates and

                        encourages the Governor, Legislature and Supreme Court to adopt and enact

                        the recommendations cited in the final report.

 

                        BE IT FURTHER RESOLVED that the Roscommon County Board of

                        Commissioners approves the release of this resolution to be distributed to

                        the Governor, Legislators, Supreme Court and local units of government

                        legislative boards and executives located within Roscommon County.

 

                        On roll call:  Ayes:  Nellist, Melvin, Schneider, Milburn, Stephan.  Nays:  None.

                        Motion carried.

 

            6.         Moved by Stephan, seconded by Schneider to continue the Rules of Order dated

                        April 11, 2007, amended February 25, 2009 and further    amended on January

                        27, 2010 as presented.  On roll call:  Ayes:  Nellist, Schneider, Stephan.  Nays:

                        Melvin, Milburn.  Motion carried.

 

            7.         Moved by Milburn, seconded by Stephan to reduce mileage reimbursement from

                        50.5 cents per mile to .50 cents per mile effective February 1, 2010.  On roll call:

                        Ayes:  Nellist, Melvin, Schneider, Milburn, Stephan.  Nays:  None.  Motion

                        carried.

 

            8.         Moved by Stephan, seconded by Melvin to approve maintaining the 2008-2009

                        wage gap of 7.25% between the Undersheriff and Lieutenants retroactive to the

                        first pay in January, 2010.  On roll call:  Ayes:  Nellist, Melvin, Schneider,

                        Milburn, Stephan.  Nays:  None.  Motion carried.

 

            9.         Moved by Melvin, seconded by Stephan to discontinue providing 100% paid

                        health insurance for MERS retired employees (age 62-65) for any new

                        employees hired after February 1, 2010.  This change pertains to employees

                        of the General Group, including elected officials and appointees, Friend of

                        the Court and E-911 Union Group.  On roll call:  Ayes:  Nellist, Melvin,

                        Schneider, Milburn, Stephan.  Nays:  None. Motion carried.

 

Committee Reports

 

Public Comment – Bill Ancel spoke regarding Gypsy Moth.

 

            10.       Moved by Milburn, seconded by Schneider to adjourn meeting.  On roll call: 

                        Ayes:  Nellist, Melvin, Schneider, Milburn, Stephan.  Nays:  None.  Motion

                        carried.

 

Meeting adjourned at 11:30 A.M.

 

 

_____________________________       _____________________________

Edward Nellist, Chairman                           Ann M. Bonk, County Clerk