MUSKEGON COUNTY BOARD OF COMMISSIONERS REVISED REGULAR MEETING AGENDA

January 12, 2021 – 4:00 PM Robert Scolnik, Chair Electronic via Zoom Charles Nash, Vice-Chair

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View the meeting on YouTube at: https://www.co.muskegon.mi.us/1597/Board-Meeting-Videos

1) Call to Order

2) Invocation: Commissioner Rillastine Wilkins Work Session Regarding the 3) Pledge of Allegiance Muskegon County

4) Roll Call (state location/city) begins at 3:00 p.m. today.

5) Approval of the Agenda

6) Approval of the Minutes of December 17, 2020 (Regular Meeting) & Approval of the Minutes of January 5, 2021 (Organizational Meeting)

7) Presentations: Director of Public Health Kathy Moore – COVID-19

8) Public Comment (on an agenda item)

9) Communications

Wexford County Board of Commissioners Resolution Supporting Local Businesses

10) Committee/Board Reports

A) Courts & Public Safety B) Ways & Means

11) Chairman’s Report/Committee Liaison Reports

A) Museum Board (term through 12/31/2023) o Jackie Engel (Appointment) HealthWest Board (term through 12/31/2024) o I. John Snider, II (Appointment)

Public Comment Persons may address the Commission during the time set aside for Public Comment or at any time by suspension of the rules. All persons must address the commission and state their name for the record. Comments shall be limited to two (2) minutes for each participant, unless time is extended prior to the public comment period by a vote of a majority of the commission. Full Board Agenda January 12, 2021 Page 2 of 2

11) Chairman’s Report/Committee Liaison Reports – continued

B) 2021 – 2022 Commissioner Liaison Appointments C) Resolution Condemning Storming of U.S. Capitol Building on January 6, 2021

12) Administrator’s Report

A) Muskegon County Airport Management B) To accept and consent to allowing Foster Swift Collins & Smith PC, the county’s corporate counsel and separately, the Muskegon County Airport’s fixed base operator’s counsel, to represent both Executive Air/FlyByAir and the County of Muskegon to resolve lease and related issues. C) Extension of Emergency Declaration

13) Unfinished Business

14) New Business

15) Public Comment

16) Final Board Comments

17) Closed Sessions:

A) Pursuant to MCL 15.268(h): To discuss a confidential written legal opinion with the County’s attorney. B) Pursuant to MCL 15.268(e): To consult with the County’s attorney regarding trial or settlement strategy in connection with the State of Court of Claims Case No. 20-0000420-MB, Muskegon County and HealthWest, an agency of Muskegon County v. State of Michigan, et. al.

18) Adjournment

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE MUSKEGON COUNTY BOARD OF COMMISSIONERS AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES The County of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting upon 24-hours’ notice to the County of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the County of Muskegon by writing or calling: Administration, 990 Terrace Street, Muskegon, MI 49442 (231) 724-6520 3 4 Courts & Public Safety Summary Sheet Chairman Malinda Pego

The Courts & Public Safety Committee met on January 7, 2021, it was recommended and I move:

CPS21/01 – 01 To accept the 2019 Homeland Security Grant Program Intergovernmental Agreement between the Regional Medical Consortium (WMRMC) and the Muskegon County on behalf of the Muskegon County Emergency Services/Management, and direct the Board Chair and appropriate staff to sign the agreement.

CPS21/01 – 02 To accept the FY21 Snowmobile and Off Road Vehicle (ORV) Law Enforcement Grant in the amount of $2,000.00 (Snowmobile) and $10,000.00 (ORV) from the Michigan Department of natural resources.

CPS21/01 – 03 To approve the Sheriff’s Office to accept their portion of the Innovations in Supervision Initiative Grant in the amount of $67,167.00 and amend the budget accordingly.

CPS21/01 – 04 To authorize the Sheriff's Office to pay the outstanding invoices to Concierge Corrections, LLC and ProMed totaling $58,711.44 related to FY2020 based on the attached listing.

CPS21/01 – 05 To authorize the Board Chairperson to sign the contract with the Michigan Department of Corrections and accept the FY21 Community Corrections grant in the amount of $196,200.00.

CPS21/01 – 06 To grant permission for the Public Defender Office to apply for the OJJDP FY 2021 Enhancing Juvenile Indigent Defense Grant.

CPS21/01 – 07 To authorize the Public Defender to reassign the remaining Board approved contract with Amanda Heys-Westendorp to a new contract with Carly McNeil for conflict attorney services on neglect/abuse and juvenile delinquency cases from January 1, 2021 through September 30, 2021 for the amount of $22,500.

CPS21/01 – 08 To authorize the Public Defender’s Office to create a new Holistic Mitigation Specialist position and fill the position with the Board's approval. The Holistic Mitigation Specialist will receive pay grade NX-00210 ($22.39-$28.18/hr).

CPS21/01 - 09 To authorize the Prosecutor to accept and authorize the County Administrator to sign the FY2021 Byrne JAG – WEMET grant (MSP #JAG-70834- W.E.M.E.T.-2021) in the amount of $16,284.00 and amend the budget accordingly.

CPS21/01 – 10 To accept and sign the FY21 Byrne JAG – WEMET grant (MSP #JAG 70834 WEMET-21) in the amount of $16,284.00 and amend the budget accordingly.

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5 Ways & Means Summary Sheet Chairman Kim Cyr

The Ways & Means Committee met on January 7, 2021, it was recommended and I move:

WM21/01 – 01 To approve payment of the accounts payable of $5,451,927.41 covering the period of December 4, 2020 through December 25, 2020 for checks and P Card payments for the period covering November 1 through November 30, 2020 as presented by the County Clerk.

WM21/01 – 02 To approve the lease agreement with Cherry Street Services, Inc., for a three-year term beginning April 1, 2021 and ending September 30, 2024 with a beginning lease rate of $11.66 per square foot with 3% increases on October 1st of each year and authorize the board chair to sign the lease agreement.

WM21/01 – 03 To authorize the sale of the 2006 Chevy Impala VIN# 2G1WB55K969390888 though Miedema Auctioneering, Inc.

WM21/01 – 04 To authorize Steven Reynolds, Muskegon County Sheriff Deputy, to purchase 3 years and 7 months of MERS generic service credit at a cost of $111,899.00 as provided by the MERS Plan Document and in keeping with the County policy regarding purchase of generic service credit with 100 percent of the total actuarial cost being paid by the employee.

WM21/01 – 05 To authorize staff to allocate 775 square feet of vacant space on the second floor of the Central Services Building to the Public Defender and move forward with necessary alterations to accommodate the Public Defender’s space needs with costs to be paid by the MIDC grant.

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6 Muskegon County Full Board Request for Board Approval

Requestor: Robert M. Lukens Full Board Date: 01/12/2021 ​ ​ Requesting Department: Community ​ Development/Airport

Budget: Budgeted Agenda Number: ​

Suggested Motion: (State the following exactly as it should appear in the minutes.) ​ ​ Move to accept and consent to allowing Foster Swift Collins & Smith PC, the county’s corporate counsel and separately, the Muskegon County Airport’s fixed base operator’s counsel, to represent both Executive Air/FlyByAir and the County of Muskegon to resolve lease and related issues.

Summary of Request: (General description of financing, other operational impact, possible alternatives.) ​ ​ The county’s corporate counsel, Foster Swift Collins & Smith PC, is also counsel to the airport’s fixed-base operator, Executive Air/FlyBy Air. This presents a conflict of interest in resolving certain non-adversarial lease and related issues between the two parties.

A Conflict of Interest Waiver can be prepared and signed by both parties to allow the firm to resolve these lease and related issues. If the relationship between the two parties becomes adversarial, Foster Swift Collins & Smith PC would withdraw representation of both parties and both would be required to engage other firms to resolve any issues.

Kristen Wade, HR Director Analysis Required? No Beth Dick, Finance Director/Management Analysis: ​

✓

Michael Homier, Corporate Counsel Analysis Required? Mark Eisenbarth, County Administrator Recommendation: Yes Approved, Michael Homier ✓

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Lansing Southfield Grand Rapids 313 S. Washington Square 28411 Northwestern Highway, Suite 500 1700 E. Beltline NE – Suite 200 Lansing MI 48933 Southfield MI 48034 Grand Rapids MI 49525

Detroit Holland St. Joseph 333 W. Fort Street – Suite 1400 151 Central Avenue – Suite 260 800 Ship Street – Suite 105 Detroit MI 48226 Holland MI 49423 St. Joseph MI 49085

Walter S. Foster Brent A. Titus Michael D. Homier Mindi M. Johnson Stephen W. Smith Michael A. Cassar 1878-1961 Stephen J. Lowney David M. Lick Ray H. Littleton, II Brett R. Schlender Hilary J. McDaniel Stafford Richard B. Foster Jean G. Schtokal Scott H. Hogan Jack L. Van Coevering Nicolas Camargo Emily R. Wisniewski 1908-1996 Brian G. Goodenough Richard C. Kraus Anna K. Gibson Mark T. Koerner Amanda J. Dernovshek Theodore W. Swift Matt G. Hrebec Benjamin J. Price Patricia J. Scott Warren H. Krueger, III Lydia H. Kessler 1928-2000 Deanna Swisher Michael R. Blum Nicholas M. Oertel Sarah J. Gabis Brandon M. H. Schumacher John L. Collins Thomas R. Meagher Jonathan J. David Alicia W. Birach Amanda Afton Martin Alexander J. Thibodeau 1926-2001 Douglas A. Mielock Andrew C. Vredenburg Adam A. Fadly Allison M. Collins Cody A. Mott Scott A. Chernich Jack A. Siebers Michael J. Liddane Leslie A. Dickinson Alaina M. Nelson Webb A. Smith Paul J. Millenbach Julie I. Fershtman Ryan E. Lamb Julie L. Hamlet Caroline N. Renner Gary J. McRay Dirk H. Beckwith Todd W. Hoppe Clifford L. Hammond Michael C. Zahrt Joseph B. Gale Stephen I. Jurmu Brian J. Renaud Jennifer B. Van Regenmorter Matthew S. Fedor Taylor A. Gast Sydney T. Steele Scott A. Storey Bruce A. Vande Vusse Thomas R. TerMaat Andrea Badalucco Rachel G. Olney Charles A. Janssen Lynwood P. VandenBosch Frederick D. Dilley John W. Mashni Tyler J. Olney Charles E. Barbieri Lawrence Korolewicz David R. Russell Stefania Gismondi Mark J. DeLuca James B. Jensen, Jr. James B. Doezema Joel C. Farrar Gilbert M. Frimet Thomas K. Dillon Scott L. Mandel Anne M. Seurynck Laura J. Genovich Mark J. Colon Robert A. Easterly Michael D. Sanders John P. Nicolucci Karl W. Butterer, Jr. Paul D. Yared Robert A. Hamor

Writer's Direct Phone: 616.726.2230 Fax: 517.367.7120 Reply To: Grand Rapids E-Mail: [email protected]

January 8, 2021 via Email only [email protected] Mr. Robert Scolnik Board Chair County of Muskegon 990 Terrace Street Muskegon, MI 49442

RE: Lease and Issues with Executive Air Transport, Inc.

Dear Mr. Scolnik:

This firm has been requested by the County of Muskegon (the “County”) and Executive Air Transport, Inc. and affiliated entities (“Executive Air”), to represent them in the negotiation and written resolution of lease and related issues between the County and Executive Air. Because Foster Swift Collins & Smith PC has represented Executive Air and the County in several unrelated matters, our acceptance of the request for representation would, without the consent of both parties, present an ethical conflict under Michigan Rule of Professional Conduct 1.7.

We will be representing both the County and Executive Air in this matter. Our role will be limited to discussions and then drafting a possible resolution of the Lease and related issues between the County and Executive Air. If the parties are unable to agree upon a written resolution of these matters, then we would refer the County and Executive Air to other lawyers.

Our limited role in this matter still presents a conflict of interest.

Under the applicable rule, two requirements must be satisfied before this firm can accept the proposed representation of the parties. First, we must reasonably believe that representing both parties would not adversely affect our relationship with either party.

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Robert Scolnik County of Muskegon January 8, 2021 Page 2

In addition, we believe that the matters in which this firm has represented Executive Air and the County are unrelated to the matter described herein. We believe that this firm has not obtained any confidential information about Executive Air or the County in the course of our prior representation which could be used in any way to either benefit or disadvantage either party. Based on our understanding of the contemplated transaction, we believe that our firm can fully satisfy its professional and ethical responsibilities while representing the County and Executive Air regarding this matter.

Second, the potential conflict must be waived by both Executive Air and the County. This letter will confirm our understanding that the County agrees to waive the potential conflict and agrees to our representation of both parties on the limited basis described in this letter. We have obtained a separate consent and waiver from Executive Air.

Based on our understanding of the contemplated transaction and our preliminary discussions with the parties, we believe that the interests of Executive Air and the County, while differing, are not adversarial. In the event that the circumstances change and the interests of Executive Air and the County become adversarial, this firm would be required to withdraw from its representation of the County and Executive Air, and would not represent either party in connection with these matters.

If you have any questions concerning any potential conflict, please do not hesitate to contact me or to consult with your own separate counsel concerning the matters discussed in this letter. If this firm’s representation as described herein is acceptable to the County, please sign below and return a copy to me.

Very truly yours,

FOSTER SWIFT COLLINS & SMITH PC

Michael D. Homier

MDH:jgr

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Robert Scolnik County of Muskegon January 8, 2021 Page 3

ACCEPTANCE AND CONSENT:

The undersigned consents and agrees to the representation of the County and Executive Air in connection with the possible resolution of the lease and related issues between Executive Air and the County. The undersigned further agrees to waive any conflict arising from such representation and waives any claims, causes of action, or damages against Foster Swift Collins & Smith PC and/or its attorneys relative to such conflict of interest or representation.

COUNTY OF MUSKEGON

Dated: January , 2021 By: Robert Scolnik Its: Board Chairperson

86083:00006:5183831-2

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R E S O L U T I O N

RESOLUTION CONDEMNING STORMING OF U.S. CAPITOL BUILDING ON JANUARY 6, 2021

WHEREAS, the Muskegon County Board of Commissioners have taken an oath to support the Constitution of the United States and the State of Michigan; and

WHEREAS, Muskegon County supports the fundamental right of all Americans to peacefully protest and exercise their First Amendment rights; and

WHEREAS, the Muskegon County Board of Commissioners denounce and condemn the violent acts that occurred at the U.S. Capitol on January 6, 2021, which cannot be tolerated and are a threat to our nation’s core democratic principles; and

WHEREAS, the Muskegon County Board of Commissioners mourn the loss of lives and share in the outrage directed at those who stormed the U.S. Capitol building on January 6, 2021; and

WHEREAS, we recognize the deep divide that exists in our country – which is evident in our own community – and hope that this unprecedented event invites productive and civil discussions that will move the country and this community toward unity.

NOW, THEREFORE, BE IT RESOLVED, on this 12th day of January 2021, that the Muskegon County Board of Commissioners do hereby denounce and condemn the shocking violence and destruction that occurred at the U.S. Capitol on January 6, 2021.

______

Muskegon County Board of Commissioners Robert Scolnik, Chair Charles Nash, Vice-Chair Doug Brown Kim Cyr Marcia Hovey-Wright Susie Hughes Zach Lahring Malinda Pego Rillastine Wilkins January 12, 2021

Consent to Extend Local State of Emergency By the County Board of Commissioners

To: Commanding Officer – Emergency Management and Homeland Security Division, MSP District 6 Emergency Management and Homeland Security Division Coordinator

WHEREAS, Michigan is continuing to experience illnesses and deaths due to the COVID-19 pandemic, and the number of cases of COVID-19 within Muskegon County has increased this past week.

WHEREAS, pursuant to Section 10 of the Emergency Management Act (“EMA”), Act 390 of 1976, MCL 30.401 et seq., the Chairman of the Muskegon County Board of Commissioners declared a local state of emergency and implemented certain measures to provide for the health and safety of persons and property in the County, which would end 7 days after the date of the declaration unless the County Board of Commissioners consented to the continuation of the state of emergency for a designated period of time.

WHEREAS, at an open meeting on December 8, 2020, the County Board of Commissioners consented to the declaration of the local state of emergency and extended it through January 11, 2021.

THEREFORE, in accordance with Section 10 of the EMA, a local state of emergency exists within the County.

BE IT FURTHER DECLARED that the Muskegon County Administrator, or the Assistant County Administrator in his absence, is authorized to impose, modify, or authorize exceptions to any existing County policy or established practice as necessary to respond to the COVID-19 pandemic, including but not limited to strategies to reduce transmission among staff, protect people at higher risk for adverse health complications, and to balance the maintenance of essential and necessary governmental operations and services while minimizing the spread of the virus and the negative impacts to County residents. These powers include, but are not limited to, restricting access to facilities (including requiring members of the public to schedule an appointment for in-person services), reassigning employment duties, acquiring new software, authorizing County-funded work from remote locations, waiving expenditures to acquire necessary facilities or supplies. The Administrator or the Assistant Administrator must document and report all such measures taken to the Board, which retains control to reverse or modify any such measures.

BE IT FURTHER DECLARED that this local state of emergency will expire at 11:59 P.M. on January 15, 2021, unless it is further extended or extinguished by the County Board of Commissioners.

Date: January 11, 2021 Robert Scolnik, Chairman Muskegon County Board of Commissioners