Editor's Note: I apologize to the attendees of the Special Meeting of the Emergency 911 Committee and our readers for the lack of photos accompanying this article. When I started to download the photos, I accidentally erased them. I promise I will be more careful in the future! -- Jim Albert

BESSEMER, MI - Wednesday, March 26, 2008 - A special meeting of the Emergency 911 Committee was held at 1:00 PM CST in the basement conference room of the Gogebic County Courthouse in Bessemer, Tuesday, March 25, 2008. The purpose of the special meeting was to update the Committee members on developments regarding possible legal action to be taken against the Michigan Public Service Commission (MPSC) on behalf of Gogebic County and 47 other Michigan counties affected by an MPSC adjustment in surcharges.

Present at yesterday's meeting were Jim Loeper, 911 coordinator, Rachael Paquette, assistant 911 coordinator, John Suutala, Michigan Township Association Representative, Bruce Mahler, Marenisco Police Department, Mike Peterson, Bessemer Township Representative, Don Bennetts, City of Bessemer, Bob Morin, County Commissioner, Mike Wiemeri, 911 Committee Chairman, Julie Ann Giackino, County Administrator & Committee Secretary, Ken Jacobson, Gogebic County Firefighters Representative, Leroy Kangas, Chairman of the County Board, Bruce Noren, Ironwood Mayor, Bob Burchell, Ironwood City Commissioner, Bob Erspamer,

Ironwood Public Safety Department Director, and Scott Erickson, Ironwood City Manager.

The meeting was called to order by Committee Chairman Mike Wiemeri at 1:00 PM.

THE ASSISTANT COORDINATOR

The first order of business was the introduction of Rachael Paquette to the Committee. Rachael is the new assistant 911 coordinator. Members of the Committee introduced themselves to Ms. Paquette and told her who they represented.

BACKGROUND

In February the Emergency 911 Committee and the Gogebic County board approved an increased surcharge for 911. The proposed surcharge went from 52 cents to 60 cents. The increase in the surcharge would cover the increase for 2009 for Negaunee regional dispatch service.

According to Statute, the Michigan Public Service Commission (MPSC) is responsible for reviewing surcharge increases. On March 11, 2008, they denied Gogebic County's request for a 60 cent surcharge.

Gogebic County was authorized 30 cents per line, which would increase revenues only about $1,500 over 2007.

The Michigan Public Service Commission granted counties a 2.7% increase over 2007 surcharge revenues, attempting to initiate a statewide surcharge. Virtually every county that was over the 2.7%, and even some that weren't, was cut. Forty-eight counties statewide were denied by the MPSC. The 2.7% increase is essentially equal to the rate of inflation. The Committee was given 30 days from the time the order was issued to file an appeal. That deadline is April 11, 2008.

At the last 911 meeting, the Commission voted unanimously to allow the 911 coordinator, with the assistance of an experience 911 lawyer, along with the other 48 counties that have been denied, to join together as one voice to make a collective appeal.

SURCHARGE DENIED BY MSPC

At yesterday's meeting Jim Loeper informed the 911 Committee that he went to Lansing last week to attend the Emergency Telephone Service Committee (ETSC) meeting. The MPSC order that denied the $0.60 surcharge stated that appeals needed to go through the ETSC. The Attorney General's representative in charge of the ETSC informed Loeper that the ETSC has no bearing over what the MPSC does, so the ETSC cannot give any input throughout the appeal process.

The ETSC sent a letter to the MPSC stating the position of the counties that were denied and the recommendations that they made before the hearing. All forty-eight counties, according to Loeper, appear to be "onboard" and will be hiring the same Grand Rapids attorney to file an appeal as well as a class-action suit.

According to Loeper, the initial cost for the appeal will be anywhere between $5,000 and $8,000.

Loeper mentioned that he briefly discussed this issue with Dick Adams. He told Adams, who has a heavy caseload, that the County will be joining with the other denied counties with the Grand Rapids attorney representing all parties.

Speaking before the ETSC, and on behalf of all the denied counties, Loeper said it is a shame that the MPSC listened to the telephone companies and not the counties that have to run their 911 systems. He told the ETSC that all of the counties he was representing at the meeting need to stand up and fight this bureaucracy. He said, "We need to keep 911 out the MPSC, because they have no idea what the 911 system does and the costs associated with the 911 system."

County Board Chairman Leroy Kangas told the Committee that he met with Mike Lahti at the college and Lahti warned Kangas that an MSPC appeal could be very costly and very lengthy. "But what do we do in the meantime..." Kangas questioned, "While this process is going through?"

"We're going to appeal the Order," Loeper responded, "We're stuck with the $0.30 per line. Depending on what the law does – I know the House has introduced a Bill to extend the `sunset' of the law to 2013, the way the law was originally written." He said having all of the counties filing jointly will help contain costs and will be more effective.

Loeper asked the Committee what course of action to take. He said he thinks the action to take is to hire the Grand Rapids attorney; file an appeal; and join the class-action suit with the other counties.

Bruce Mahler suggested getting a temporary restraining order to stop any action before the matter can be heard before the appeals court.

Mike Peterson asked Jim Loeper who is in charge according to the law as it is written, the MPSC or the ETSC. Loeper stated that the ETSC is in charge "as it is written." Peterson suggested that the Committee submit their 2009 budget to the ETSC since the law states that they are in charge. He suggested that the other counties follow suit and do the same. This would force the issue, making the ETSC do the job the counties were told they had the authority to do.

Ironwood Mayor Bruce Noren expressed concern that the Committee might be throwing $8,000 away since the MPSC is under no time restraints to take action on the appeal. The appeal needs to be submitted by April 10, 2008, but the MPSC is under no deadline to act on the appeal. "They could stick in a drawer and say, `We'll get to it when we get to it!'" Noren said.

Loeper pointed out that the MPSC ruling leaves the Committee with very little choice since Negaunee Regional Dispatch has severely raised their charges and they need to be paid. The Committee would need to find other revenue sources or find a way to replace Negaunee Regional Dispatch.

John Suutala asked if it was possible to for the Gogebic County to join in with one or two other counties and form a new dispatch, should the MPSC ruling stand.

Loeper said it can be done, but a millage would have to be imposed that would help fund it.

Bruce Mahler told the Committee if they are forced to go the millage route, that local voters will not stand for paying salaries in Negaunee or Lansing, or anywhere else. He went on to say that the only way the voters would even consider such a plan is if local people are hired to do the dispatching.

Mahler went say, "The real question is, can we afford to enhance a 911 center and is there anywhere else that can do that? Is there Homeland Security money available through grant process or that sort of thing?"

Loeper said he is weighing all the options, should a change be required.

Mahler asked, if a temporary restraining order cannot be obtained, and the appeal doesn't go through, how long can the County continue to operate.

Loeper told Mahler that it is hard to estimate because the telephone companies won't supply the number of devices involved. However using 93% of the 2000 population, like the State of Michigan does, the County will take in $3,500 in additional revenues. This, Loeper said would leave the County approximately $50,000 short of their Negaunee Regional Dispatchobligation.

"So we'd run a deficit is what it amounts to. And will they let us run a deficit?" Mahler asked.

"No!" replied Loeper.

"So when do we drop dead?" Mahler asked.

Loeper said if everything stays the same with the .30 surcharge, he believes the County can continue to operate through 2009.

Loeper included in the member packets charts that show alternative lists of costs and projections. To view those charts click the page number you wish [Charts 1  2  3  4  5  6  7  8  9]

Mahler examined the figures and told the Committee that the costs from Negaunee Regional Dispatch are ridiculous. The payroll, according to Mahler, for one manager equals that of three officers in any of the departments the Dispatch now serves. "We're throwing good money after bad," Mahler said, "If we can find a way to find funding to do it ourselves, we can take this money and we can supplement that Sheriff's department and make law enforcement better in this county. Because I know, I do it every day... I won't speak for Bob... But we know what's going on. We know who's out there to respond. We know who's not there to respond. We know the problems we have, at times, with Negaunee Regional Dispatch, like when I pulled in here and I can't get anybody on the radio... And I'm tired of it! I think we really need to think about how we can make it work for ourselves!"

After further discussion, the Committee unanimously agreed pursue the appeal along with the other affected counties and not to exceed $8,000.

The next meeting will be announced at a later date.

AUDIO 

To email Mike Lahti regarding 911 funding: mikelahti@house.mi.gov

To email Mike Prusi regarding 911 funding: senMPrusi@senate.mi.gov

Jim Albert