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Work Session Regarding the Muskegon County Airport Begins At 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 Connect to Zoom from your computer, tablet or smartphone at: https://zoom.us/j/93180420798?pwd=N3Nqa2s5dVZUL0lwN2UvcHdmUnJ6Zz09 Meeting ID: 931 8042 0798 Join Zoom by Phone: Phone: (312) 626-6799 US Passcode: 103259 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 Airport 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 Michigan 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 West Michigan 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. *** 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. *** 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 ✓ 7 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.
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