Commissioner John Malnar

Commissioner Steven Viau

Commissioner Bob Barron

Commissioner David Moyle

Commissioner Robert Peterson

Re: Delta Conservation District Contract

Commissioners:

The commission should seek legal advice about the recent action by the Delta Conservation District.

Last summer the county entered into a 10 year agreement with the Delta Conservation District. Under the contract the county was to pay the Delta Conservation District $100,000.00, provide office space for the District, provide maintenance and IT assistance. $75,000.00 of the appropriation pays the Conservation District for park management and $25,000.00 for providing natural resource/environmental assistance/support to various county properties. The Conservation District would also retain 10% of earned revenue.

In October 2022, at the request of the Conservation District, the county honored its contractual duty for the fiscal year, in full, to the Conservation District. It paid the district the annual appropriation of $100,000.00 for the fiscal year (October 2022 to October 2023).

At the January 17, 2023 county board meeting Delta Conservation District CEO Rory Mattson presented you with a letter from the Delta Conservation District.

The letter, dated January 16, 2023 states that the Conservation District has “…no interest in continuing to operate the Delta County parks system…There are many reasons for this decision, and we feel that it is in the best interests of both the Conservation District and the County of Delta to dissolve the current agreement we have for the parks operations management.”

The night before your January 17th board meeting the Delta Conservation District decided:

McNamee motioned to have the Delta Conservation District cease to operate the Delta County Parks system and provide transition assistance until the parks open May 15th 2023 at which time the contract/agreement for parks operations will be terminated, also that Mattson will inform the County at their January 17th meeting under Committee Reports – Parks & Recreation

(From January 16, 2023 minutes. Yet to be approved)

The motion passed unanimously.

The Conservation District actions do not conform to its agreement with the county. According to the terms of the agreement, the agreement can only be terminated by a party in the month of June and the termination will not take effect until October 1. The contract:

To protect both parties and for budget reasons, this MOU/Contract may be terminated by either party upon a 120-day written notice. If a termination notice is issued/served, it can only be done each year during the month of June and will take effect at the beginning of the following fiscal-year starting October 1.

The Conservation District is terminating its agreement now and offering “transition assistance” until May 15, 2023.

The board can and should refer this matter to the prosecuting attorney who represents the county in civil matters. MCL 49.153.

Richard Clark

Escanaba