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Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
October 1, 2009
The Annual Session of the Calhoun County Board of Commissioners
convened at 7:02 p.m., Thursday, October 1, 2009 in the Commissioners
Chambers, Calhoun County Building, 315 West Green Street, Marshall,
Michigan.
Chairman Rae called the meeting to order and requested the Clerk call
the roll.
Roll Call: Present: Comrs. Camp, Gerow, Haadsma, Lee,
Rae, Rocho and Todd.
Staff Present: Corporation Counsel Richard Lindsey, Jr., County
Administrator/Controller Kelli Scott, Sheriff Allen Byam, Water
Resources Commissioner Larry Cortright, Chief Prosecuting Attorney
Eusebio Solis, Health Officer James Rutherford, Finance Director Mark
Stuhldreher, Human Resources Manager Kim Archambault and Deputy
Clerk/Board Executive Secretary Mary Lou Barrett.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Silent Prayer was observed; followed by the Pledge of
Allegiance, led by Comr. Gerow.
APPROVAL OF AGENDA:
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the October 1, 2009 agenda as presented.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Camp, supported by Comr. Lee, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
September 17, 2009 minutes as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. Gary Sellar, Emmett Township resident, addressed the proposed
Health Department fees regulating body art, and inquired who is
qualified to assess the businesses and why the county decided to pursue
the business owner rather than the individual.
Chairman Rae advised Mr. Sellar that his questions can be answered
after the meeting.
Calhoun County Conservation District Director James Coury announced
that the District has been awarded a portion of $27 Million of grant
funding allocated to the Kalamazoo, Black and St. Joseph River
watersheds from the U.S. Department of Agriculture to improve water
quality, irrigation, water utilization and energy conservation.
Mr. Carl Alcon, Emmett Township resident, voiced concern regarding
the condition of D Drive North. Chairman Rae offered to discuss Mr.
Alcon’s concern after the meeting.
Mr. Bob Coward, Battle Creek resident, stated that it is his
understanding that there is an attempt to ban the use of fertilizers
containing phosphorus, to which he is opposed.
SPECIAL ORDER OF BUSINESS:
Special Tribute to Eusebio Solis
Chairman Rae read, and accompanied by the entire Board, presented the
following tribute to Attorney Solis.
Res. 153-2009
“Motion by Comr. Todd, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners approve the following tribute:
WHEREAS, EUSEBIO SOLIS served on the Calhoun County Board of
Commissioners for Four {4} Years from 2005 through 2008, representing
the citizens of District 7, during his tenure he served his Albion
area constituents and all the people of Calhoun County with honor,
courage and dedication to help make county government work better for
its citizens prior to his accepting the position as Chief Assistant
Prosecuting Attorney of the Calhoun County Prosecutor’s Office; and
WHEREAS, former Commissioner Eusebio Solis further served the
Calhoun County Board of Commissioners through his membership on
various committees and workshops including the Budget Committee,
Community Corrections, Health Board, Mental Health and Substance Abuse
Board, Road Commissioner Selection Committee, and other positions of
leadership, and was passionate in providing services to seniors
through his service as Chairman of the Senior Millage Allocation
Committee for 2007 and 2008, plus he served as Board Vice Chairman in
2008; and
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun County Board of
Commissioners that EUSEBIO SOLIS is hereby honored and thanked
for his years of dedicated service to the residents of Albion and all
of Calhoun County, and the Calhoun County Board of Commissioners. On
behalf of Calhoun County residents and the workforce of Calhoun
County, we offer this tribute as our thanks for all Eusebio
accomplished during his tenure on the Board of Commissioners.”
Voice Vote: Motion CARRIED
Chief Assistant Prosecuting Attorney Solis advised that the four
years he spent on the Board was very challenging and rewarding. Atty.
Solis commended Board members for their service and stated that he knows
that the county is in good hands.
Board of Canvassers Election
Res. 154-2009
“Motion by Comr. Gerow, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners elect
Republican candidate Judy Byam and Democratic candidate Rick McKelvey
to the Calhoun County Board of Canvassers with terms to expire October
31, 2013.”
Voice Vote: Motion CARRIED
2009 Drain and Lake Level Assessments
Res. 155-2009
“Motion by Comr. Todd, supported by Comr. Lee, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, pursuant to §MCL 280.262(2), the certified drain and lake
level assessment roll was filed by the Water Resources Commissioner
with the County Clerk’s office on or before the date of the Calhoun
County Board of Commissioners Annual Meeting; and
WHEREAS, the Water Resources Commissioner has presented the 2009
Drain and Lake Level Special Assessment Summary and Annual Report to
the Calhoun County Board of Commissioners; and
WHEREAS, the drain and lake level assessments contained on the
certified rolls are to be spread on the various tax rolls of the
townships, villages and cities in Calhoun County.
NOW, THEREFORE, BE IT RESOLVED, that the Calhoun County Board of
Commissioners accept the 2009 Drain and Lake Level Special Assessment
Summary (ATTACHMENT A) and Annual Report and authorize the spread of
the drain and lake level special assessments to the various
municipalities.”
Comr. Camp inquired why the assessments for Leroy Drain 5 are not
included in the assessment summary. Water Resources Commissioner Larry
Cortright responded that those assessments will not be assessed until
next year.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Water Resource Commissioner’s 2009 Annual Report
Res. 156-2009
“Motion by Comr. Rocho, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
accept the 2009 Annual Report as presented by the Water Resources
Commissioner.”
Voice Vote: Motion CARRIED
CONSENT AGENDA:
Res. 157-2009
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following October 1, 2009 Consent Agenda as presented:
- Petitions, Communications, Reports:
| (1) |
Resolution received from Oakland
County supporting continuation of the state fair. (Received and
placed on file) |
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| (2) |
Notice of a public hearing
scheduled for October 6, 2009 regarding granting an Obsolete
Property Rehabilitation District Certificate to BC Equities
Limited Partnership received from Battle Creek City. (Received
and placed on file, with a copy remitted to Equalization Deputy
Director John Hippensteel) |
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| (3) |
Resolution received from Allegan
County opposing the current Sheriff Department lien funding
formula. (Received and placed on file, with a copy remitted to
Sheriff Allen Byam) |
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| (4) |
Copy of a communication remitted to
Governor Granholm opposing merger of the Michigan Department of
Agriculture with another state department received from Oceana
County. (Received and placed on file) |
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| (5) |
Resolution received from Huron
County advising of the County’s intent to explore legal means of
withholding payments due the State of Michigan where the State
has withheld mandated payments to the County. (Received and
placed on file) |
Voice Vote: Motion CARRIED
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Calhoun County Information Technology Executive Committee
Committee Member Camp stated that one of the Board’s strategic goals
is to improve the county website and involve the public. Public comments
for web site improvements are being accepted by the Administrator’s
office. Comr. Camp advised that one position in Information Technology
has been filled and that the new site shall be developed by 2010. Comp
Camp further advised that the Committee is reviewing the possibility of
having the Board meeting videos posted on the site the day after the
meeting, bookmarking it whereby viewers will not have to watch the
entire meeting, and placement of the videos in the archives.
Budget Committee and Calhoun County Consolidated Dispatch Center
Authority
Chairman Rae advised that the minutes have been provided.
Comr. Camp noted that the proposed Health Department budget provides
for a three percent increase, and inquired whether that percentage of
increase is anticipated for the other departments.
Budget Committee Chairman Todd responded “It’s possible.” Comr. Todd
advised that the Committee is looking at the mandated versus
non-mandated services. Comr. Todd stated that the increase for the
Health Department has been a long time coming and that he believes the
three percent increase is pretty reasonable since the need is great for
health related services.
Comr. Camp stated that she would prefer to receive the budgets all at
one time rather than piece meal. Comr. Rocho pointed out that the Health
Department has a different fiscal year which is why it is being
presented separately.
Comr. Camp addressed the Dispatch Center, voicing concern that with
the Center located within the County Building and now with the county
handling the administrative functions for the Authority, that it gives
the appearance of a county function. Comr. Camp requested Chairman Rae
convey her concern to the Authority.
Chairman Rae pointed out that the Authority is independent of the
county. Chairman Rae stated that he believes the Consolidated Dispatch
Center is the next step in providing needed services to the county and
that the county is committed to making the Center work.
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
County Administrator/Controller Kelli Scott reported that the state
is on a continuation budget for the next month and that the impact upon
the county budget will take awhile to determine. Revenue sharing is
addressed within Senate Bill 245, and includes between a ten to fourteen
percent cut, which is approximately $300,000 to $400,000 for Calhoun
County. Ms. Scott advised that the Michigan Association of Counties
shall continue to monitor the Bill which has been passed on to the
Governor. Ms. Scott stated that there may be the possibility of a veto
and that she will keep the Board apprised. Ms. Scott advised that she
will send out her report for September tomorrow.
FY 2009-2010 Secondary Road Patrol & Traffic Accident
Prevention Program Grant Application
Res. 158-2009
“Motion by Comr. Todd, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2009-2010 Secondary Road Patrol Grant Application in
the amount of $199,106 for the period commencing October 1, 2009
through September 30, 2010; further, authorize the Board Chairman to
execute said Application on behalf of Calhoun County for remittance to
the Michigan Office of Highway Safety Planning.”
Sheriff Allen Byam advised that the amount of funding is based on a
formula determined by Public Act 416. There is no county match required.
Comr. Rocho inquired whether the remaining funding for the third
deputy shall be within the Department’s budget projection. Sheriff Byam
responded that he believes funding for the position is 80/20, and
advised that the funding shall be requested in the Department’s budget.
Comr. Gerow inquired whether the difference is currently coming from the
General Fund. Sheriff Byam responded no, that in the budget process the
Department will negotiate for the remaining funds.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Recovery Act Justice Assistance Grant Program Award Agreement
Ms. Scott advised that the City of Battle Creek is the fiscal manager
of the grant.
Sheriff Byam advised that the funding shall be utilized for technical
improvements.
Res. 159-2009
“Motion by Comr. Rocho, supported by Comr. Lee, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2009-2013 Recovery Act: Justice Assistance Grant
Program Award Agreement between the City of Battle Creek and Calhoun
County in an amount not to exceed $39,774 for the period commencing
August 2009 through February 28, 2013, and authorize the County
Administrator/Controller to execute said Agreement on behalf of
Calhoun County; further, approve the following FY 2009 Sheriff
Department budget amendment to fund the purchase of portable radios
for correction deputies and laptop computers for patrol vehicles:
| Federal Grant |
($39,774) |
| Small Equipment Purchase |
$33,220 |
| Equipment Purchase |
$ 3,600 |
| Office Supplies |
$ 2,954 |
Roll call vote: Yes - 7 Motion CARRIED Unanimously
FY 2009-2010 Health Department Budget
Ms. Scott advised that the Budget Committee reviewed and supports the
budget recommended. Ms. Scott stated that the county’s match is a three
percent increase from last year for inflation. Ms. Scott pointed out
that the county’s revenue forecast does not support an across-the-board
increase of three percent for next year and each department shall be
reviewed separately to determine what amount is appropriate.
Health Officer James Rutherford stated that the Board of Health
believes that the budget presented is acceptable. Mr. Rutherford
addressed highlights of the budget; e.g., elimination of a 0.8 FTE
within Environmental Health, fee increases of approximately two percent,
work with the Battle Creek Community Foundation and United Way to
improve a teen outreach program, a Nurse Family Partnership Program, the
hiring of a epidemiologist, software investment and hiring of a health
education position mid year to provide for Nutrition and Health
Disparity programming. Mr. Rutherford advised that for the Nurse Family
Partnership Program the Department shall be looking to the Kellogg
Foundation, the Battle Creek Community Foundation and United Way for
funding.
Mr. Rutherford continued that the Department shall utilize $148,931
of its fund balance to develop a Health Disparities Program, leaving a
reserve of 4.01 percent of expenditures at year end. Mr. Rutherford
addressed the 3.09 percent increase, pointing out that the increase
amounts to $25,000. Mr. Rutherford further addressed the proposed
epidemiologist that will allow the Department to be more competitive in
pursuing grant funding, and the Board of Health’s strategic plan to
reduce the teen pregnancy population and work on healthy lifestyles.
Chairman Rae advised that the Health Department explored the
possibility of sharing an epidemiologist, however, the other counties
wanted their own. Comr. Haadsma stated that he believes the position is
going to provide many returns through better grants.
Comr. Rocho addressed the fee increases, and inquired whether people
would be denied the services if they are unable to pay. Mr. Rutherford
responded no, that if someone cannot afford to pay, the Department will
still provide the service. Mr. Rutherford pointed out that there is a
sliding scale on the fees based upon income; further, advised that the
Department attempts to keep the fees in line with the cost of living.
Res. 160-2009
“Motion by Comr. Gerow, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2010 Health Department Budget in the amount of
$4,932,027; further approve the FY 2010 Fee Schedule (ATTACHMENT B)
and Position Allocation Schedule (ATTACHMENT C), as recommended by the
Board of Health.”
Comr. Camp stated that inspection of tattoo parlors appears to be
another unfunded mandate of the state. Mr. Rutherford responded that in
January 2009 Public Act 149 was created that calls for body art parlors
to be inspected on an annual basis, and the local health departments are
responsible for those inspections. Mr. Rutherford stated that most of
the body artists are in favor of this law.
Comr. Camp expressed concern regarding approving salary increases for
one department when the county is facing funding reductions
across-the-board to balance the General Fund budget at the end of the
year.
| Roll call vote: |
Yes - 6 (Comrs. Gerow, Haadsma, Lee,
Rae, Rocho and Todd) |
| |
No - 1 (Comr. Camp) |
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Motion CARRIED |
Consolidated Dispatch Center Administrative Services Agreement
Ms. Scott stated that the Calhoun County Consolidated Dispatch Center
Authority wishes to contract with the county to provide payroll,
accounts payable, bookkeeping, accounting, budgeting, etc. services. Ms.
Scott advised that Corporation Counsel developed the Agreement.
Res. 161-2009
“Motion by Comr. Lee, supported by Comr. Todd, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
Administrative Services and Fringe Benefits Agreement between the
Calhoun County Consolidated Dispatch Center Authority and Calhoun
County; further, authorize the Board Chairman to execute said
Agreement on behalf of Calhoun County.”
Comr. Rocho applauded the collaboration. Comr. Rocho inquired whether
the services for the Authority can be provided without additional staff.
Ms. Scott responded yes, advising that after a year the costs will be
reviewed. Ms. Scott advised that information technology costs shall be
billed separately.
Chairman Rae stated that the collaboration is a win-win for both
entities, pointing out that the space which the Center will occupy had
been vacant for a long time and is now being remodeled with the cost
borne by the Authority.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Jail Population Study Agreement
Ms. Scott pointed out that the last study was conducted in 2001 and
an updated study is needed to assess current and future demand from
federal agencies and other governmental units, and to address location
of the Sheriff’s principal office and the adequacy of the Juvenile Home.
Ms. Scott advised that the $36,450 cost for the study will come from the
current Sheriff Department budget.
Res. 162-2009
“Motion by Comr. Todd, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize the Board Chairman to enter into an Agreement with GSA,
Ltd/Michael Croft Enterprises, Inc. for a fixed fee of $36,450 to
conduct a corrections study to assess current and future jail bed
demand.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Renaissance Zone Status Extension
Ms. Scott advised that the request for extension of the renaissance
zone status came through Battle Creek Unlimited (B.C.U.) so that the
Kellogg Company can utilize economic development incentives.
B.C.U. Marketing Director Doug Voshell advised that the renaissance
zone is part of the downtown renovation.
Res. 163-2009
“Motion by Comr. Haadsma, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, the County of Calhoun is supportive of the Kellogg
Company’s plan for corporate consolidation which will result in the
location of 600 employees at their downtown Battle Creek campus; and
WHEREAS, the plan will contribute to the downtown area’s growth and
expansion and helps to achieve the County’s overall economic goal; and
WHEREAS, the Kellogg Company will not move forward with
consolidating its corporate campus downtown unless the City of Battle
Creek, the County of Calhoun, the State of Michigan and the Hinman
Company can meet cost containment objectives; and
WHEREAS, the larger Kellogg project will help contribute to the
continuing success of Battle Creek’s downtown by utilizing unoccupied,
existing space; and
WHEREAS, the plan will provide a greater concentration of educated
talent, enabling greater company interaction with the new National
Center for Food Protection, the International Food Protection Training
Institute, and the proposed new Math and Science Center; and
WHEREAS, the concentration of more highly compensated people will
enhance the success of the downtown’s ability to attract and retain
new retail, entertainment, service, residential development and other
mixed-use activities; and
WHEREAS, a more centralized corporate presence downtown will
increase Battle Creek’s, Calhoun County’s and Michigan’s ability to
attract additional food science companies, entrepreneurs, investors
and talent.
THEREFORE, BE IT RESOLVED, that the Calhoun County Board of
Commissioners approve the extension of the Renaissance Zone status on
property at 70-78 West Michigan Avenue for nine (9) years through
January 1, 2024.”
Comr. Rocho disclosed that she is a Board Member and Executive
Director of BCU that is partnering on the project. Comr. Rocho stated
that the transformation of Battle Creek shall have an impact on all of
Calhoun County; i.e., employment, tourism, etc.
Comr. Camp advised that the people in Athens wish that Calhoun County
and all the units of government could give all businesses a tax break.
Chairman Rae pointed out that the transformation shall result in 300
new jobs with the new additions to the research facilities; further,
addressed the relocation of 600 people from the Porter Street plant.
Chairman Rae stated that by approving this extension the county is
passing a message to the Kellogg Company that the Board of Commissioners
is committed to working with the Company.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CITIZENS’ TIME:
Health Board Member Jeff Mitchell thanked the Board for approving the
Health Department’s 2010 budget. Mr. Mitchell stated that the Health
Board is focusing on long term goals, will be responsible with the
funds, and will work hard to improve the health statistics.
Health Board Chairman Rick Tsoumas also thanked the Board for
approving the budget. Mr. Tsoumas advised that the Health Department
went for a number of years with no increase to the budget, and stated
that an epidemiologist is going to be extremely important to the
Department.
Mr. Gerry Keller, Battle Creek resident, inquired “When, why and
where, does an elected board conduct a public meeting and does not
answer the questions of the people?”
COMMISSIONERS’ TIME:
Comr. Todd expressed his appreciation to the Health Board, the Health
Officer and the Health Department for starting to more aggressively
address health disparities.
Comr. Camp thanked Administration for launching the effort to place
the Board meeting videos on the website, and for the town hall meetings.
ANNOUNCEMENTS:
Comr. Camp announced that the Potawatomi Resource Conservation and
Development Council is having a river clean-up in Bailey Park on
Saturday commencing at 8:00 a.m.
Comr. Rocho announced that the Wilder Creek Conservation Club is
having their haunted house on October 9 and 10, October 16 and 17,
October 23 and 24, and October 30 and 31. The cost is $5.00. Comr. Rocho
invited everyone to go out and view the improvements at Wilder Creek.
CLAIMS PAYABLE LISTING:
Res. 164-2009
“Motion by Comr. Rocho, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve payment of the list of claims against the county in the total
amount of $3,165,859.03 for the two {2}weeks ending September 23,
2009.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CLOSED SESSION:
Res. 165-2009
“Motion by Comr. Lee, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners meet
in Closed Session for the purpose of discussing pending litigation
with Corporation Counsel.”
Voice Vote: Motion CARRIED
The Board met in Closed Session commencing at 8:40 p.m. until 9:00
p.m. with Corporation Counsel Richard Lindsey, Jr., County
Administrator/Controller Kelli Scott, Finance Director Mark Stuhldreher,
Human Resource Manager Kim Archambault, Sheriff Allen Byam and Deputy
Clerk/Board Executive Secretary Mary Lou Barrett present.
OPEN SESSION -- Lawsuit Settlement:
Res. 166-2009
“Motion by Comr. Haadsma, supported by Comr. Camp, resolved by the
Calhoun County Board of Commissioners adopt the following:
IT IS HEREBY RESOLVED, that the settlement of the pending legal
matter of Uasheka Tellis, Personal Representative of the Estate of
Lamond Donnell Taylor, Deceased, v Calhoun County, Calhoun
County Sheriff’s Department, Jacqueline Hill, R.N., Correctional
Medical Services, Inc., Sheriff Allen Byam, John Doe, and Mary Roe,
Case No. 1:09-cv-1053 is hereby authorized; and
IT IS FURTHER RESOLVED, that the Administrator/Controller shall be
authorized to execute any further document(s) required for the release
of claims relative to said settlement.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ADJOURNMENT:
The meeting adjourned at 9:01 p.m. at the call of the Chair.
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