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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
February 6, 2003
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:00 p.m., Thursday, February 6, 2003 in the Commissioners'
Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Austin, Frederick, Ivey, Miller, Moore, Segal
and Strowbridge.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Invocation was given by Sheriff Allen Byam; followed by a Moment of
Silence for Columbia’s astronauts. The Pledge of Allegiance was led by
Comr. Moore.
The Leroy, Smitty, Smith, Young male Choir directed by Mr. James Brown
sung the Black National Anthem.
APPROVAL OF AGENDA/ADDENDUM:
A Motion by Comr. Miller, supported by Comr. Frederick, adopt the
following: Resolved by the Calhoun County Board of Commissioners approve
the February 6, 2003 agenda and addendum as presented.
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
A Motion by Comr. Miller, supported by Comr. Segal, adopt the
following: Resolved by the Calhoun County Board of Commissioners approve
the December 19, 2002 minutes, the January 3, 2003 minutes and the
January 16, 2003 minutes as presented.
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Ms. Pearl Gray-McWhorther, Battle Creek resident, advised that her son
was murdered December 19, 2002 in Georgia and that due to his death and
her court case her finances are at “rock bottom.” Ms. Gray-McWhorther
further advised that the City of Battle Creek assisted her in getting
her van back on the road, and thanked Marie Kuzma, City Manager George
Strand, Reverend Mary Gault, Clara Daniels, Peggy Glave and Pastor
William Stein.
Ms. Gray-McWhorther stated that she intends to establish a $500
emergency fund for individuals who require similar assistance.
SPECIAL ORDER OF BUSINESS:
Special Tribute to Rosetta Poke
Res. 15-2003
A Motion by Comr. Segal, supported by Comr. Miller, resolved by the
Calhoun County Board of Commissioners adopt the following tribute:
WHEREAS, ROSETTA POKE, Deputy Court Clerk for the Tenth District Court,
retires from her employment with the Court on February 20, 2003; and
WHEREAS, Rosetta's service to the citizens of Calhoun County consists
not only of her employment with the District Court beginning January 1,
1975, but also her employment as a Judicial Clerk with the Eleventh
District Court, City of Battle Creek, from November 8, 1972 until its
merger with the Tenth District Court on January 1, 1975; and
WHEREAS, Rosetta's over 30 years of employment have been marked by
loyalty and commitment to public service; and
WHEREAS, Rosetta will be greatly missed by everyone in the Tenth
District Court.
NOW, THEREFORE, BE IT RESOLVED by the Calhoun County Board of
Commissioners that ROSETTA POKE is hereby honored and thanked for her
many years of dedicated service to Calhoun County and its citizens. We
offer her our best wishes for a healthy, happy, and well-deserved
retirement.
Voice Vote: Motion CARRIED
Chairman Austin and District Court Administrator Michelle Hill presented
the tribute to Ms. Poke and her son, Nick. Ms. Hill advised Rosetta that
everyone at the Court will really miss her, and pointed to the two rows
of fellow employees present.
“Child Passenger Safety Awareness Week” Proclamation
Chairman Austin presented the following proclamation to Battle Creek
Area Transportation Services (B.C.A.T.S.) Director Patricia Karr.
Res. 16-2003
A Motion by Comr. Ivey, supported by Comr. Frederick, resolved by the
Calhoun County Board of Commissioners adopt the following proclamation:
WHEREAS, February 9-15, 2003 has been declared National Child Passenger
Safety Awareness Week; and
WHEREAS, the best thing families can do to safeguard the health and well
being of their children is to establish safety habits that set a pattern
for safety for the rest of their lives; and
WHEREAS, even though child passenger protection laws in Michigan and all
other states and the District of Columbia require proper restraints and
safety belt use for children, many children are still not properly
restrained; and
WHEREAS, Michigan has more stringent child restraint laws requiring
children to be in child seats until 4 years of age and buckled up
regardless of where they sit in the vehicle until 16 years of age; and
WHEREAS, parents, guardians and care-givers must make sure that children
under age 13 always ride in the back seat of vehicles, buckled up or
properly installed in child safety seats/booster seats/seat belts, as
appropriate, away from front seat air bags.
NOW, THEREFORE, I, Marvin B. Austin, Chairman of the Calhoun County
Board of Commissioners, do hereby proclaim support for National Child
Passenger Safety Awareness Week, and urge all citizens to buckle up
every child properly in an approved restraint, or seat belt, as
applicable, every time a child rides in a vehicle. Let us all help
spread these important child safety messages. The Board of Commissioners
calls upon all citizens, government agencies, public and private
institutions, businesses, hospitals and schools in Calhoun County to
observe this week with appropriate resolutions and ceremonies.
Voice Vote: Motion CARRIED
Ms. Karr thanked the Commission for the tribute and advised that this is
B.C.A.T.S’ thirteenth year promoting National Child Safety Awareness
Week and that she just finished delivering flyers, stickers and
promotional materials to seventy organizations.
CONSENT AGENDA:
Res. 17-2003
A Motion by Comr. Miller, supported by Comr. Segal, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
following February 6, 2003 Consent Agenda as presented:
- Petitions, Communications, Reports:
- Notice of a public hearing scheduled for January 21, 2003 regarding
granting an Industrial Facilities Exemption Certificate to Franklin Iron
and Metal received from Battle Creek City. (Received and placed on file,
with a copy provided to Interim Equalization Director Jean Cortright)
- Communication received from Leroy Township regarding the condition
of Capital Avenue S.W. from the Township’s northern line to D Drive
South. (Referred to Road Commission Managing Director Dennis Randolph)
- Resolution regarding random drug and alcohol testing for all
non-bargaining unit employees, department heads, elected/appointed
officials, County Commissioners and deputy sheriffs received from Gardy
Berezonsky. (Received and placed on file)
- Resolution received from Ottawa County requesting the Michigan
Department of Environmental Quality resolve issues raised in Ottawa
County’s April 29, 2002 letter and fully fund local governments under
the NPDES Phase II regulations to meet the obligations of the State
under the Headlee Amendment. (Referred to the Legislative Liaisons, with
a copy remitted to Drain Commissioner Blaine Van Sickle)
- Communication received from Mr. Orlen Van Driejsche of Olivet
addressing funding for the Juvenile Home, Road Patrol and the Road
Commission. (Received and placed on file, with a copy remitted to Road
Commission Managing Director Dennis Randolph)
- Resolutions:
- Board of Health Appointment (Term Shall Expire December 31, 2003)
- Jeffrey Mitchell {Replacing Charles Seifert}
- Family Independence Agency Board Appointment
- Rev. Stanley Sims (Term Shall Expire October 31, 2005)
- Solid Waste Management Planning Advisory Committee Appointment
(Term Shall Expire December 31, 2004)
- Charles Kohs – City Representative
Voice Vote: Motion CARRIED
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Chairman Austin announced that the Board shall be going on a 12 hour
retreat and is anticipating a productive session to get acclimated to
the issues the Board shall be addressing.
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
2003 Board Rules Amendment
County Administrator/Controller Greg Purcell advised that Section
3.2.{7} requires revision to follow the intent of Resolution 221-2002
which allows him to approve budget transfers or amendments up to $20,000
per business unit, but only with respect to the 2003 budget. The Board
Rules presently only allow budget amendments under $10,000.
Res. 18-2003
A
Motion by Comr. Strowbridge, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners amend
Section 3.2 Resolutions {7} of the 2003 Board Rules as follows:
3.2 ITEMS COVERED BY CONSENT AGENDA
PETITIONS, COMMUNICATIONS, REPORTS:
{1} Monthly and other departmental and divisional reports.
{2} Requests for Commercial and Industrial Exemption Certificates.
{3} Requests for use of County facilities and areas.
{4} Communications from utility companies.
{5} Planning Commission Reports.
{6} Annual Reports.
{7} Petitions and requests for street paving, street lighting and
utility improvements.
{8} Requests to vacate property.
{9} Informative communications.
{10} Barricading for activities, parties, etc.
{11} Erection of temporary signs.
RESOLUTIONS:
{1} Appointments to various boards, committees, commissions; except in
connection with receipt of certificates or awards.
{2} Setting public hearings.
{3} Accepting bids under $10,000.
{4} Approving requests for utility companies for easements, street cuts,
etc.
{5} Authorization to file grant applications.
{6} Approving fund transfers (under $10,000).
{7} Approving budget amendments (under $10,000) (under $20,000).
{8} Acceptance of utility easements.
{9} Authorizing change orders (under $10,000).
{10} Authorizing additional street lighting.
{11} Confirming assessments for demolition.
{12} Establishing special assessment and other special fund budgets.
{13} Authorizing lease agreements for County-owned property.
{14} Approving signatures for checking accounts.
{15} Approving requests for reduction of retention on contracts.
{16} Authorizing sale of tax reverted properties.
{17} Making permanent Temporary Traffic Control Orders.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Revised 2003 Board of Commissioners Meeting Schedule
Mr. Purcell recommended the schedule be changed to move the July 3
meeting to July 10 and the July 17 meeting to July 24 due to the Fourth
of July holiday.
Res. 19-2003
A
Motion by Comr. Segal, supported by Comr. Miller, adopt the following:
Resolved by the Calhoun County Board of Commissioners amend the 2003
Board Meeting Schedule as follows:
* Friday, January 3, 7:00 p.m.
Thursday, January 16, 7:00 p.m.
Thursday, February 6, 7:00 p.m.
Thursday, February 20, 7:00 p.m.
Thursday, March 6, 7:00 p.m.
Thursday, March 20, 7:00 p.m.
Thursday, April 3, 7:00 p.m.
** Tuesday, April 15, 7:00 p.m.
Thursday, May 1, 7:00 p.m.
Thursday, May 15, 7:00 p.m.
Thursday, June 5, 7:00 p.m.
Thursday, June 19, 7:00 p.m.
Thursday, July 3, 7:00 p.m. **** Thursday July 10, 7:00 p.m.
Thursday, July 17, 7:00 p.m. **** Thursday, July 24, 7:00 p.m.
Thursday, August 7, 7:00 p.m.
Thursday, August 21, 7:00 p.m.
Thursday, September 4, 7:00 p.m.
Thursday, September 18, 7:00 p.m.
Thursday, October 2, 7:00 p.m.
*** Tuesday, October 14, 7:00 p.m.
Thursday, November 6, 7:00 p.m.
Thursday, November 20, 7:00 p.m.
Thursday, December 4, 7:00 p.m.
Thursday, December 18, 7:00 p.m.
All meetings shall be held in the Commissioners’ Meeting Room, County
Building, 315 West Green Street, Marshall, Michigan, unless otherwise
specified.
* Organizational Session in compliance with M.C.L. 46.3.
** Equalization Session in compliance with M.C.L. 209.5.
*** Annual Session in compliance with M.C.L. 46.1.
**** Revised due to scheduling conflict.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Community Corrections Grant Agreement Amendment
Mr. Purcell advised that the amendment is due to a reduction in the
grant amount from $439,460 to $401,008. Mr. Purcell stated that Calhoun
County was not singled out for the reduction, that the reduction was
applied across the board to all the counties. Mr. Purcell advised that
the reduction will affect the number of offenders that can receive
probation residential services provided by the Kalamazoo Probation
Enhancement Program.
Res. 20-2003
A
Motion by Comr. Miller, supported by Comr. Frederick, adopt the
following: Resolved by the Calhoun County Board of Commissioners approve
the Amendment to the September 19, 2002 Community Corrections Grant
Agreement, Federal Identification Number 38-6004358, between the State
of Michigan Department of Corrections and Calhoun County; further,
authorize the Board Chairman to execute said Amendment on behalf of
Calhoun County.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Road Commission Notes Issuance Authorization
Mr. Purcell advised that the resolution is the annual authorization for
the Road Commission to issue and sell notes for the road improvement
projects. The amount this year is $850,000 which does not exceed the
overall debt limit of ten percent.
Res. 21-2003
A
Motion by Comr. Ivey, supported by Comr. Frederick, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
Resolution Authorizing the Board of County Road Commissioners to Issue
Notes in an amount not to exceed $850,000 (ATTACHMENT A).
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Solid Waste Function Agreement Extension
Mr. Purcell stated that the addendum extends the agreement to December
31 2005 for Community Development to administer the county solid waste
functions, and recommended approval.
Res. 22-2003
A
Motion by Comr. Moore, supported by Comr. Miller, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the Third
Addendum to the September 3, 1998 Agreement between the Calhoun County
Board of Public Works and the Calhoun County Board of Commissioners for
the management of Calhoun County Solid Waste functions for the period of
January 1, 2003 through December 31, 2005; further, authorize the Board
Chairman to execute said Addendum on behalf of the Board of
Commissioners.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Health Department School Nurses Association Memorandum of Understanding
Mr. Purcell advised that the Memorandum is effective retroactive to
August 15, 2002 and changes the number of work weeks as it applies to
the 2002 - 2003 school year and clarifies how pay and benefit issues are
to handled.
Health Officer Heidi Oberlin stated that the Memorandum is specific to
the school nurses and is part of restructuring the Health Department
budget.
Res. 23-2003
A Motion by Comr. Miller, supported by Comr. Segal, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
Memorandum of Understanding for School Nurses between the Calhoun County
Health Department School Nurses, the Calhoun County Health Department,
Calhoun County, and the Michigan Nurses Association effective August 15,
2002 for the 2002 - 2003 school year; further, authorize the Human
Resource Coordinator to execute said Memorandum of Understanding on
behalf of Calhoun County.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
M.S.U. Extension Office 4-H Youth Agent Memorandum of Agreement
Extension Director Rita Klavinski advised that the Office had a
resignation in July 2002 and has been negotiating with the University to
secure funding to maintain the position. The University committed fringe
benefit costs and fifty percent of the salary of the previous funding to
fill that position. Ms. Klavinski continued that a proposal to the
University was made to match the fifty percent funding with current
grant funding to create a full time position. The Memorandum of
Understanding will create a 4-H Youth Agent position to utilize the
University funding and current grant funding.
Ms. Klavinski advised that she proposes to promote Marquetta Frost who
meets the qualifications to the 4-H Youth Agent position.
Comr. Moore inquired whether the vacant position will continue to remain
vacant. Ms. Klavinski responded that the vacant Program Associate
position will not be filled.
Res. 24-2003
A Motion by Comr. Segal, supported by Comr. Ivey, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
Memorandum of Agreement between the Calhoun County Board of
Commissioners and Michigan State University Extension effective March 1,
2003 for funding of the Extension 4-H Youth Agent, and authorize the
Board Chairman to execute said Memorandum of Agreement on behalf of the
Board of Commissioners; further, concur with the direct appointment by
Michigan State University of Marquetta Frost to the 4-H Youth Agent
position; and further, amend the MSU Extension Department’s Special
Revenue Fund 289-2890 as follows:
|
289-2890 MSU Staff |
Current |
|
|
Revenues |
|
|
| Local Contributions |
$27,722 |
$16,500 |
|
|
|
|
Expenditures |
|
|
| Other Services and
Charges |
$27,722 |
$16,500 |
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Juvenile Home Food Services Manager Position Hiring Authorization
Assistant Juvenile Home Director Brent Cole stated that in October 2001
Canteen Food Services was hired to prepare the meals which resulted in
the layoff of the kitchen employees including the Food Services Manager.
Presently the Juvenile Home has an employee that fills the
qualifications for the position and would like the position reinstated.
Res. 25-2003
A Motion by Comr. Moore, supported by Comr. Segal, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the hiring
of a full time Food Services Manager at the County Juvenile Home.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
County Policy No. 280 - Fund Balance Amendment
Finance Director James Latham advised that the amendment is a technical
change in the language to conform with how transactions are recorded on
the general voucher; i.e., changing the definition of Internal Service
Funds to exclude the County’s Delinquent Tax Revolving Fund, which is
now defined as an Enterprise Fund.
Treasurer Ann Petredean advised that no one contacted her regarding the
amendment and that this is the first she has seen it.
Mr. Purcell stated that the amendment does not change the authority of
the Treasurer over the Delinquent Tax Revolving Fund, however,
recommended the amendment be tabled until the February 20 Board Meeting.
Res. 26-2003
A Motion by Comr. Miller, supported by Comr. Strowbridge, adopt the
following: Resolved by the Calhoun County Board of Commissioners table
amendment of County Policy No. 280 - Fund Balance until the February 20,
2003 Board of Commissioners Meeting.”
Voice Vote: Motion CARRIED
Committee/Workshop Appointments
Chairman Austin stated that he will be making further appointments at
the February 20 Board Meeting. Chairman Austin advised that when
appropriate he set the appointment term expirations to coincide with
Members’ terms.
Res. 27-2003
A Motion by Comr. Ivey, supported by Comr. Segal, adopt the following:
Resolved by the Calhoun County Board of Commissioners confirm the
committee/board appointments as presented by the Board Chairman.”
Comr. Moore inquired whether the work of the casino committee will
continue. Chairman Austin responded that the assignment of the Casino
Impact Mitigation Committee ended December 1, 2002, therefore, a new
assignment will be handled by separate action.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CITIZENS’ TIME:
Ms. Gray-McWhorther also thanked Mrs. Lafayette for providing
assistance, and again advised that once her court case is resolved she
intends to establish a fund in her son’s name for anyone who needs
financial assistance in a time of emergency.
Chairman Austin offered Ms. Gray McWhorther the Board’s condolences and
best wishes in her time of heartache.
COMMISSIONERS’ TIME:
Comr. Miller stated that this nation’s hopes are again darkened by the
Columbia tragedy, and addressed the previous disaster of the Challenger.
Comr. Miller further stated that as the nation mourns the soles of those
lost in the Columbia he prays that the nation’s leaders remember the
words of President John F. Kennedy daring man to walk on the moon during
his 1991 State of the Union Speech, “If we are to only go half way and
reduce our sights in the face of difficulty, it is my judgement that it
would be better not to go at all.” Comr. Miller continued that in
remembering those words he prays that our leaders will renew our
national determination to continue pushing the limits of science,
extending our manifest destiny to explore new worlds, and aspire us to
reach new heights.
CLAIMS PAYABLE LISTINGS:
Res. 28-2003
A Motion by Comr. Strowbridge, supported by Comr. Miller, 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
$660,267.63 for the week of January 14, 2003; further, approve payment
of the list of claims against the county in the total amount of
$16,261.79 for the week of January 17, 2003; further, approve payment of
the list of claims against the county in the total amount of
$1,396,140.09 for the week of January 21, 2003; finally, approve payment
of the list of claims against the county in the total amount of
$915,765.15 for the week of January 28, 2003.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ANNOUNCEMENTS:
Comr. Frederick announced that February 16 from 12:30 p.m. to 2:30 p.m.
is the Men Who Cook fund raiser in Albion hosted by the Citizens to
Beautify Albion. Comr. Frederick advised that the cost is $6 for adults
and $3 for children, and encouraged Board Members to attend. Comr. Moore
advised that he will be there cooking desserts.
CLOSED SESSION:
Res. 29-2003
A Motion by Comr. Moore, supported by Comr. Segal, adopt the following:
Resolved by the Calhoun County Board of Commissioners meet in Closed
Session for the purpose of discussing pending litigation.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
The Board met in Closed Session commencing at 7:57 p.m. until 8:26 p.m.
with General Counsel Nancy Mullett, County Administrator/Controller Greg
Purcell, Assistant County Administrator Wendee Woods, Sheriff Allen Byam,
Prosecutor John Hallacy and Deputy Clerk Mary Lou Barrett present.
OPEN SESSION -- RECESS:
The meeting reconvened in Open Session and recessed at 8:26 p.m. at the
call of the Chair.
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Several photos included in this 
