Muskegon County Board of Commissioners February 13, 2018 27 Full Board Meeting 4:00 p.m.

Muskegon County Board of Commissioners

Hall of Justice, 990 Terrace, 4th Floor Muskegon, MI 49442

Benjamin E. Cross, Chairman Charles Nash, Vice ChairMarvin Engle Robert ScolnikGary Foster I. John Snider IISusie Hughes Rillastine R. WilkinsKenneth Mahoney

Board Minutes may be found on the web at http://co.muskegon.mi.us/clerk Full Board Meeting Tuesday, February 13, 2018

4:00 p.m.

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 Vice Chair Nash 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: Mark E. Eisenbarth, Administrator

Nancy A. Waters, County Clerk Jeanne Pezet, Administrative Secretary Doug Hughes, Corporate Counsel

2018-52 APPROVAL OF THE AGENDA Moved by Commissioner Engle, seconded by Commissioner Wilkins, to approve the agenda. Voice vote Motion Carried 2018-53 APPROVE THE MINUTES OF THE FULL BOARD MEETING OF JANUARY 30,

2018 Moved by Commissioner Engle, seconded by Commissioner Hughes, to approve the minutes of the Full Board Meeting of January 30, 2018. Voice vote Motion Carried

Muskegon County Board of Commissioners February 13, 2018 28 Full Board Meeting 4:00 p.m. PUBLIC COMMENT (on an agenda item) Marcia Hovey-Wright, former 92nd District State Representative, addressed the Board regarding the Communication Item from Alger County, noting that these bills are before the Committee now. HB5097 and 5098 would limit the County’s ability to charge fees for communication infrastructure and pass on the cost to the County. MAC and MML are opposed and most Road Commissions are opposed. Ms. Hovey-Wright urged action by Commissioners to call representative Hughes and Senator Hansen and join with Alger County and oppose those bills. On item #10, Ms. Hovey-Wright noticed that none of the appointed positions include a woman and asked that this be held off until some women could be considered. Chair Cross noted there are women currently on these committees and that these spots were vacant and needed to be filled, stating that there are at least 3 women on the Friends of County Parks. Vice Chair Nash noted some committees have more women than men. Commissioner Scolnik asked if the House Bill limits the size of the bond which is a problem for some contractors. Administrator Eisenbarth will look at this issue and respond. Commissioner Mahoney noted the concern for the Road Commission is that they cannot charge enough to cover the cost of completing projects. COMMUNICATIONS The following communication item was distributed to Commissioners for information:

Alger County Resolution in Opposition of HB 5096-5098 (See attached) COMMITTEE/BOARD REPORTS 2018-53 APPROVE THE ADDITION OF THE FOLLOWING HOURLY FILL-IN

POSITIONS FOR CIRCUIT/FAMILY/PROBATE COURT: FIVE CLERK BAILIFF HOURLY FILL-IN POSITIONS (NO170, $16.22-$20.08/HR) AND FIVE CIRCUIT COURT LEGAL AND SCHEDULING SECRETARY HOURLY FILL-IN POSITIONS (NO200, $16.74-$22.08/HR)

CPS18/02-08 The Courts and Public Safety Committee recommends, moved by Commissioner Wilkins, seconded by Commissioner Engle, to approve the addition of the following hourly fill-in positions for Circuit/Family/Probate Court: five Clerk Bailiff hourly fill-in positions (NO170, $16.22-$20.08/hr) and five Circuit Court Legal and Scheduling Secretary hourly fill-in positions (NO200, $16.74-$22.08/hr) Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, Rillastine Wilkins, Benjamin E. Cross No: None Abstain: I. John Snider II Motion Carried

Muskegon County Board of Commissioners February 13, 2018 29 Full Board Meeting 4:00 p.m. 2018-54 AUTHORIZE THE BOARD CHAIR TO SIGN THE AGREEMENT WITH THE

WEST MICHIGAN HAZARDOUS MATERIALS ASSOCIATION EFFECTIVE FROM OCTOBER 1, 2017 TO SEPTEMBER 30, 2020; SUBJECT TO A ONE-YEAR AUTOMATIC RENEWAL

CPS18/02-09 The Courts and Public Safety Committee recommends, moved by Commissioner Wilkins, seconded by Commissioner Engle, to authorize the Board Chair to sign the agreement with the West Michigan Hazardous Materials Association effective from October 1, 2017 to September 30, 2020; subject to a one-year automatic renewal. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, Rillastine Wilkins, Benjamin E. Cross No: None Abstain: I. John Snider II Motion Carried 2018-55 AUTHORIZE THE USE OF MMRMA PAYOFF FUNDS AND BUDGETED

VEHICLE/EQUIPMENT FUNDS TO PURCHASE THREE (3) USED VEHICLES AT A COST NOT TO EXCEED $42,000

CPS18/02-10 The Courts and Public Safety Committee recommends, moved by Commissioner Wilkins, seconded by Commissioner Engle, to authorize the use of MMRMA payoff funds and budgeted vehicle/equipment funds to purchase three (3) used vehicles at a cost not to exceed $42,000. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, Rillastine Wilkins, Benjamin E. Cross No: None Abstain: I. John Snider II Motion Carried

Muskegon County Board of Commissioners February 13, 2018 30 Full Board Meeting 4:00 p.m. 2018-56 APPROVE THE MUSKEGON COUNTY SHERIFF TO EXTEND AN

AGREEMENT WITH MEDIATION & RESTORATIVE SERVICES FOR THE PARTICIPATION IN THE WORK RELEASE PROGRAM AT A RATE OF $100.00 PER SPACE PER WEEK; VENDOR AGREEMENT NUMBER IS EXIT-MR&S-06 AND EXTENDS THE CONTRACT FROM 10/1/17 – 9/30/18 (CFDA #17.270 AND EXTENSION AMOUNT FOR THE PERIOD IS $62,400.00

CPS18/02-11 The Courts and Public Safety Committee recommends, moved by Commissioner Wilkins, seconded by Commissioner Engle, to approve the Muskegon County Sheriff to extend an agreement with Mediation & Restorative Services for the participation in the work release program at a rate of $100.00 per space per week; Vendor Agreement Number is EXIT-MR&S-06 and extends the contract from 10/1/17 – 9/30/18 (CFDA #17.270 and extension amount for the period is $62,400.00. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, Rillastine Wilkins, Benjamin E. Cross No: None Abstain: I. John Snider II Motion Carried 2018-57 ACCEPT THE “AGREEMENT FOR EXTENSION SERVICES” FOR FY2018 TO

COLLABORATE WITH MICHIGAN STATE UNIVERSITY EXTENSION AND AUTHORIZE THE BOARD CHAIR TO SIGN

HS18/02-05 The Human Services Committee recommends, moved by Commissioner Hughes, seconded by Commissioner Engle, to accept the “Agreement for Extension Services” for FY2018 to collaborate with Michigan State University Extension and authorize the Board Chair to sign. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried

Muskegon County Board of Commissioners February 13, 2018 31 Full Board Meeting 4:00 p.m. 2018-58 APPROVE FY18 MILLAGE FUNDING OF $329,280 FOR PURCHASE OF

SERVICE ACTIVITIES AS PROPOSED/REQUESTED BY SENIOR RESOURCES AND RECOMMENDED BY THE SENIOR ACTIVITIES COMMITTEE; AND TO AUTHORIZE THE DESIGNATED SENIOR MILLAGE GRANTS ADMINISTRATOR, SENIOR RESOURCES, TO PROCEED WITH THE ADMINISTRATION OF THE PROGRAM TO SERVE AN ADDITIONAL 120 MUSKEGON COUNTY RESIDENTS IN 2018, INCLUDING SNOW REMOVAL AND LAWN CARE FOR APPROXIMATELY 86 QUALIFIED PARTICIPANTS

HS18/02-06 The Human Services Committee recommends, moved by Commissioner Hughes, seconded by Commissioner Engle, to approve FY18 millage funding of $329,280 for Purchase of Service activities as proposed/requested by Senior Resources and recommended by the Senior Activities Committee; and to authorize the designated Senior Millage Grants Administrator, Senior Resources, to proceed with the administration of the program to serve an additional 120 Muskegon County residents in 2018, including snow removal and lawn care for approximately 86 qualified participants. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried 2018-59 APPROVE PAYMENT OF THE ACCOUNTS PAYABLE OF $4,002,378.01,

COVERING THE PERIOD OF JANUARY 12, 2018 THROUGH JANUARY 25, 2018 FOR CHECKS AND DECEMBER 1, 2017 THROUGH DECEMBER 31, 2017 FOR P-CARD PAYMENTS, AS PRESENTED BY THE COUNTY CLERK

WM18/02-15 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to approve payment of the accounts payable of $4,002,378.01, covering the period of January 12, 2018 through January 25, 2018 for checks and December 1, 2017 through December 31, 2017 for P-Card payments, as presented by the County Clerk. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried

Muskegon County Board of Commissioners February 13, 2018 32 Full Board Meeting 4:00 p.m. 2018-60 APPROVE CIRCUIT COURT AND DISTRICT COURT TO REQUEST

REIMBURSEMENT FROM THE STATE TREASURER FOR JUROR COMPENSATION MILEAGE EXPENSE AT THE RATE OF 20 CENTS PER MILE ROUND TRIP FOR JURORS ACTUAL ATTENDANCE AND $30.00 PER DAY AND $15.00 PER ½ DAY FOR A FIRST DAY OR ½ DAY OF ACTUAL ATTENDANCE AT THE COURT AND FOR EACH SUBSEQUENT DAY OR ½ DAY OF ACTUAL ATTENDANCE AT THE COURT, NOT LESS THAN $45.00 PER DAY AND $22.50 PER ½ DAY, IN ACCORDANCE WITH PUBLIC ACT 236 OF 1961, 600.1344 (1), (2)(B)(I) AND (II)

WM18/02-16 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to approve Circuit Court and District Court to request reimbursement from the state treasurer for juror compensation mileage expense at the rate of 20 cents per mile round trip for jurors actual attendance and $30.00 per day and $15.00 per ½ day for a first day or ½ day of actual attendance at the court and for each subsequent day or ½ day of actual attendance at the court, not less than $45.00 per day and $22.50 per ½ day, in accordance with Public Act 236 of 1961, 600.1344 (1), (2)(b)(i) and (ii). Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried 2018-61 ALLOW COUNTY CLERK’S OFFICE TO BE OPENED ONE SATURDAY IN

MARCH AND ONE SATURDAY IN OCTOBER FOR A SPECIAL FULL SERVICE SATURDAY, EMPLOYING TWO SHERIFF DEPUTIES FOR SECURITY

WM18/02-17 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to allow County Clerk’s office to be opened one Saturday in March and one Saturday in October for a special Full Service Saturday, employing two Sheriff Deputies for security. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried

Muskegon County Board of Commissioners February 13, 2018 33 Full Board Meeting 4:00 p.m. 2018-62 APPROVE THE RECLASSIFICATION OF THE FISCAL ANALYST POSITION

N37902 PAY TABLE NX-0220 ($22.089-$27.836/HR) TO A SENIOR FISCAL ANALYST POSITION PAY TABLE NX-0280 ($24.229-$30.572/HR) AND PLACE THE INCUMBENT AT STEP 4 TO BE EFFECTIVE ON THE INCUMBENT’S MOST RECENT ANNIVERSARY DATE

WM18/02-18 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to approve the reclassification of the Fiscal Analyst position N37902 pay table NX-0220 ($22.089-$27.836/hr) to a Senior Fiscal Analyst position pay table NX-0280 ($24.229-$30.572/hr) and place the incumbent at step 4 to be effective on the incumbent’s most recent anniversary date. Commissioner Snider asked if there was a change in the manner of payment. Beth Dick, Finance Director/Assistant County Administrator, stated this is the reclassification with no increase at this time but allows for a couple additional steps. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried 2018-63 AUTHORIZE THE BOARD CHAIR TO WAIVE THE BIDDING PROCESS AND

EXECUTE THE PROPOSED EXTENSION WITH APPLIED IMAGING FOR A PERIOD OF 36 MONTHS AT AN ESTIMATED COST OF $4,934.44 PER MONTH (TO INCLUDE PRINTERS AND SUPPLIES) BASED ON AVERAGE NUMBER OF PAGES PRINTED PER MONTH

WM18/02-19 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to authorize the Board Chair to waive the bidding process and execute the proposed extension with Applied Imaging for a period of 36 months at an estimated cost of $4,934.44 per month (to include printers and supplies) based on average number of pages printed per month. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney,Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: Charles Nash Motion Carried

Muskegon County Board of Commissioners February 13, 2018 34 Full Board Meeting 4:00 p.m. 2018-64 AUTHORIZE THE ADOPTION OF THE RESOLUTION TO WAIVE THE

MONTHLY INTEREST CHARGE OF 1% AND THE ADMINISTRATIVE FEE OF 4% FOR THE PERIOD MARCH 1ST TO APRIL 30TH FOR 2017 DELINQUENT TAXES (FIRST YEAR OF DELINQUENCY) FOR A SENIOR CITIZEN, PARAPLEGIC, HEMIPLEGIC, QUADRIPLEGIC, ELIGIBLE SERVICEMAN, ELIGIBLE VETERAN, ELIGIBLE WIDOW, TOTALLY AND PERMANENTLY DISABLED PERSON, OR BLIND PERSON IN ACCORDANCE WITH SECTIONS 211.59 AND 211.51 OF THE GENERAL PROPERTY TAX ACT 206 OF 1893, AS AMENDED

WM18/02-20 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to authorize the adoption of the resolution to waive the monthly interest charge of 1% and the administrative fee of 4% for the period March 1st to April 30th for 2017 delinquent taxes (first year of delinquency) for a senior citizen, paraplegic, hemiplegic, quadriplegic, eligible serviceman, eligible veteran, eligible widow, totally and permanently disabled person, or blind person in accordance with sections 211.59 and 211.51 of the General Property Tax Act 206 of 1893, as amended. Commissioner Scolnik confirmed that senior is age 62 or older. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried 2018-65 AUTHORIZE THE ADOPTION OF THE RESOLUTION ALLOWING THE

COUNTY OF MUSKEGON TREASURER TO BORROW UP TO TWELVE MILLION DOLLARS ($12,000,000) AGAINST THE ANTICIPATED 2017 DELINQUENT REAL PROPERTY TAXES

WM18/02-21 The Ways and Means Committee recommends, moved by Commissioner Mahoney, seconded by Commissioner Hughes, to authorize the adoption of the resolution allowing the County of Muskegon Treasurer to borrow up to twelve million dollars ($12,000,000) against the anticipated 2017 delinquent real property taxes.

Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried

Muskegon County Board of Commissioners February 13, 2018 35 Full Board Meeting 4:00 p.m. CHAIRMAN’S REPORT/COMMITTEE LIAISON REPORTS 2018-66 APPOINT ROBERT GUSTAFSON TO THE PUBLIC SLOT OF THE AIRPORT

ADVISORY COMMITTEE WITH A TERM ENDING 12/31/2019 The Chairman recommends, moved by Commissioner Engle, seconded by Commissioner Hughes, to appoint Robert Gustafson to the Public Slot of the Airport Advisory Committee with a term ending 12/31/2019. Voice vote Motion Carried 2018-67 APPOINT ANDREW MANN TO THE BUILDING AUTHORITY FOR A TERM

THROUGH 6/30/2020 The Chairman recommends, moved by Commissioner Snider, seconded by Commissioner Wilkins, to appoint Andrew Mann to the Building Authority for a term through 6/30/2020. Voice vote Motion Carried 2018-68 REAPPOINT WILLIE MINOR TO THE ECONOMIC DEVELOPMENT

CORPORATION (UNDESIGNATED SLOT) TERM ENDING 12/31/2023

The Chairman recommends, moved by Commissioner Engle, seconded by Commissioner Wilkins, to reappoint Willie Minor to the Economic Development Corporation (Undesignated Slot) term ending 12/31/2023 Voice vote Motion Carried 2018-69 APPOINT STEPHEN CARLSON TO THE LOCAL PLANNER SLOT AND

REAPPOINT TERRY MACALLISTER TO THE DISTRICT #6 SLOT AND REAPPOINT DAN PARKER TO THE DISTRICT #9 SLOT OF THE FRIENDS OF THE COUNTY PARKS WITH TERMS THROUGH 12/31/2019

The Chairman recommends, moved by Commissioner Engle, seconded by Commissioner Hughes, to appoint Stephen Carlson to the Local Planner Slot and reappoint Terry MacAllister to the District #6 Slot and reappoint Dan Parker to the District #9 Slot of the Friends of the County Parks with terms through 12/31/2019.

Voice vote Motion Carried

Muskegon County Board of Commissioners February 13, 2018 36 Full Board Meeting 4:00 p.m. 2018-70 THAT THE ADMINISTRATOR’S EMPLOYMENT CONTRACT BE ADOPTED

AND THAT THE CHAIRMAN BE AUTHORIZED TO SIGN THE SAME The Chairman recommends, moved by Commissioner Engle, seconded by Commissioner Hughes, that the Administrator’s employment contract be adopted and that the Chairman be authorized to sign the same. Commissioner Scolnik asked why the document they received was already signed. Chairman Cross explained that it was not the final contract but a Tentative Agreement or TA per negotiations. The final decision would be at this meeting and if it is not approved then the Administrator, Corporate Counsel and the Chairman would return to negotiations. Commissioner Scolnik expressed that Commissioners should have seen it sooner. Commissioner Hughes indicated it was a direct result of the Administrator’s evaluation. Commissioner Nash expressed concern with the contract regarding severance pay. Commissioner Nash indicated this should be monthly and should not be continued if they find other employment. County Clerk Waters indicated that she did not have any knowledge of the issue being discussed and has not received or seen a copy of the document being discussed so cannot address it properly in the minutes. Chairman Cross indicated it was the labor agreement between the County Administrator and this Board which was distributed to Commissioners on Friday. Roll Call: Yes: Marvin Engle, Gary Foster, Susie Hughes, Kenneth Mahoney, Charles Nash, Robert Scolnik, I. John Snider II, Rillastine Wilkins, Benjamin E. Cross No: None Motion Carried Note: The Board approved a 3-year contract for the County Administrator (See attached). ADMINISTRATOR’S REPORT Administrator Eisenbarth expressed his honor and privilege to work with and for this Board and thanked the Board, Directors, Elected Officials and staff for their support and that he looks forward to continuing the great work with everyone to continue to make Muskegon County and the residents a better place to raise their families, work, and vacation. Administrator Eisenbarth announced that there will be a Board Work Sessions at 3:00 p.m. on Tuesday, February 27th, Michigan Department of Civil Rights will be doing a presentation. Administrator Eisenbarth noted he will be inviting Directors or Supervisors to attend this presentation.

Muskegon County Board of Commissioners February 13, 2018 37 Full Board Meeting 4:00 p.m. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. PUBLIC COMMENT Dave Kieft Jr., Muskegon Township Supervisor for 2 more days, announced that he has been selected as County Administrator of Manistee County. Mr. Kieft thanked the Commissioners, Administrator, Corporate Counsel and many others in attendance for being a part of his career. Chairman Cross wished Mr. Kieft congratulations. Commissioner Scolnik noted Mr. Kieft’s wife is a nurse at his doctor’s office and that he will probably miss Mrs. Kieft even more. 2018-71 MOVED BY COMMISSIONER MAHONEY, SECONDED BY COMMISSIONER

HUGHES, TO ADJOURN Voice vote. Motion Carried Meeting adjourned at 4:20 p.m. __________________________________ Nancy A. Waters, County Clerk NAW/jmp

To be approved at the Full Board Meeting on Tuesday, February 27, 2018.