Minutes Archive

Board of Commissioners Minutes

CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
September 4, 2003

The Regular Session of the Calhoun County Board of Commissioners convened at 7:02 p.m., Thursday, September 4, 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:

A Moment of Personal Prayer was observed; followed by the Pledge of Allegiance, led by Comr. Moore.

APPROVAL OF AGENDA/ADDENDUM:

“Motion by Comr. Moore, supported by Comr. Frederick, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the September 4, 2003 agenda, as amended, with addition of an addendum and an “Operation Tribute to Freedom Day” Proclamation.”

Voice Vote: Motion CARRIED

APPROVAL OF MINUTES:

“Motion by Comr. Miller, supported by Comr. Strowbridge, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the July 10, 2003 and July 24, 2003 minutes as presented.”

Voice Vote: Motion CARRIED

CITIZENS’ TIME:

Ms. Pearl Gray-McWhorter, Battle Creek resident, advised of a 1997 theft from her residence which the Prosecutor has advised her to forget prosecution as the offense was too long ago. Ms. Gray-McWhorter stated that she still wants justice and does not want her case thrown out of court.

SPECIAL ORDER OF BUSINESS:

N.A.A.C.P. Annual State Convention Resolution

Chairman Austin advised that he presented the resolution at the convention.

Res. 145-2003

“Motion by Comr. Miller, supported by Comr. Segal, resolved by the Calhoun County Board of Commissioners approve the following resolution:

WHEREAS, the 67th Annual State Convention of the NAACP is being held in Battle Creek, August 14th to 17th, 2003; and

WHEREAS, this is the first time in 20 years since Battle Creek has had the privilege of hosting this convention; and

WHEREAS, the theme of this year’s conference is “Having Our Say 100 Years Later”; and

WHEREAS, the conference will focus on education excellence, health advocacy, and economic and political empowerment which a focus on voter registration; and

WHEREAS, the mission of the NAACP is to ensure the political, educational, social and economic equality of minority groups, to achieve equality of rights and eliminate racial prejudice among the citizens of the United States; to remove barriers of racial discrimination through the democratic process and seek to enact and enforce all federal, state and local laws securing civil rights.

NOW, THEREFORE, on behalf of the citizens of Calhoun County, it is my honor and privilege to welcome all attendees to our area and further, extend our very best wishes for a most successful convention.”

Voice Vote: Motion CARRIED

“Union Label Week 2003" Proclamation

Vice Chairperson Frederick read and presented the proclamation to Steve Franklin of the International Brotherhood of Electrical Workers Local 445.

Res. 146-2003

“Motion by Comr. Segal, supported by Comr. Miller, resolved by the Calhoun County Board of Commissioners approve the following proclamation:

WHEREAS, Calhoun County unions build a better America by empowering their members to be better citizens; and

WHEREAS, because unions raise wages, standards and working conditions for all working families, they contribute to the economic strength and vitality of the community, the region and the state; and

WHEREAS, unions are also at the vanguard of efforts to help the community mobilize behind policies which enhance the quality of life for all, from public education and fair taxes, to job creation and a stable business environment for the long-range vitality of Calhoun County; and

WHEREAS, the key to maintaining strong and resilient economy at every level is to create and maintain decent jobs, a goal which Calhoun County shares with our unions; and

WHEREAS, the union label and union shop card are emblems of the dedication of union members to the principles of team work and commitment to each other and the greater good of Calhoun County; and

WHEREAS, the union label and union shop card indicate that employment standards, wages and working conditions that prevail in a given establishment are derived from the process of collective bargaining, providing workers there a voice on the job and ensuring them of fair treatment.

THEREFORE, BE IT RESOLVED, that the Calhoun County Board of Commissioners hereby declare the week of September 1st through the 6th UNION LABEL WEEK, and hereby encourage working families to look for and patronize employers who proudly display union labels on their products and union shop cards in their businesses.”

Mr. Franklin thanked the Commission on behalf of all unions.

Voice Vote: Motion CARRIED

“Operation Tribute To Freedom Day” Proclamation

Comr. Moore advised that he shall be emceing the welcome home event planned by the Yellow Ribbon Committee on Saturday, September 6 at 5:00 p.m. at the WACO Aircraft Facility at W.K. Kellogg Airport.

Res. 147-2003

“Motion by Comr. Moore, supported by Comr. Strowbridge, resolved by the Calhoun County Board of Commissioners approve the following proclamation:

WHEREAS, “Operation Tribute to Freedom” is a Department of Defense program of nationwide celebrations and activities to demonstrate public appreciation for American men and women in uniform and reinforces the bond between the citizenry and the military; and

WHEREAS, the program’s mission is to help Americans express their support for the troops who are returning from operations in Iraq and Afghanistan, and who continue to fight in the ongoing effort toward victory in the Global War On Terrorism; and

WHEREAS, “Operation Tribute to Freedom” encourages and facilitates public participation at every level - from corporations and organizations to families and individuals; and

WHEREAS, a local grass-root committee entitled the “Yellow Ribbon Committee” has planned the first “Operation Tribute to Freedom” event in Michigan being held Saturday, September 6, 2003, at WACO Hanger at the W. K. Kellogg Airport to honor our local soldiers, sailors, airmen, marines and their families for the vital role they played in Operation Iraqi Freedom.

NOW, THEREFORE, BE IT RESOLVED, that the Calhoun County Board of Commissioners hereby declare Saturday, September 6, 2003, as “OPERATION TRIBUTE TO FREEDOM DAY” in Calhoun County, and hereby encourage citizens to attend the Tribute event scheduled to take place on Saturday, September 6, 2003, beginning at 5:00 p.m. at WACO Class Aircraft, 2850 W. Territorial Road in Battle Creek, to honor our local heros for fighting to keep us free.”

Voice Vote: Motion CARRIED

CONSENT AGENDA:

Res. 148-2003

“Motion by Comr. Miller, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the following September 4, 2003 Consent Agenda as presented:

A. Petitions, Communications, Reports:

(1) Resolutions received from Lake County {1} supporting restoration of revenue sharing funds to counties at their prior rates, {2} urging all counties to request local government participation in the State’s pharmaceutical drugs purchasing program, {3} supporting legislation allowing for change in the composition of county boards of road commissioners, and {4} supporting amendment of Public Act 451 of 1994 [Watershed Regulation]. (Referred to the Legislative Liaisons, with a copy of {3} remitted to the Road Commission Managing Director)

(2) Resolution received from Cheboygan and Midland Counties urging all counties to request local government participation in the State’s pharmaceutical drugs purchasing program. (Referred to the Legislative Liaisons)

(3) Resolution received from Oceana County requesting no further State revenue sharing reductions. (Referred to the Legislative Liaisons)

(4) Communication received from the Michigan Department of Treasury regarding level 4 assessor certification of county equalization directors. (Received and placed in file, with a copy remitted to Interim Equalization Director Jeanne Cortright)

B. Resolution:

(1) Defined Benefit Plan Advisory Committee Appointment

{a} Alexander Lamm – Term Expires December 31, 2004"

Voice Vote: Motion CARRIED

WORKSHOP/COMMITTEE REPORTS:

2004 Budget Workshop

Comr. Moore reported that the Workshop met yesterday morning and is working on whittling down $8 Million of department requests. Discussions have commenced and the Workshop anticipates that things will get moving when the Workshop receives the revised figures and when the salary survey is received in November.

Chairman Austin inquired what is occurring currently. Comr. Moore responded that Administration is starting a second round of meetings with department heads and the Workshop is focusing on Board priorities. The budget process is pretty much “on track.”

PETITIONS AND NEW BUSINESS:

County Administrator/Controller’s Report

Potawatomi Resource Conservation and Development Office Lease

County Administrator/Controller Greg Purcell advised that the lease is a one-year extension of the RC & D’s existing lease of space within the Marshall County Building which shall generate revenue of $5,900.

Res. 149-2003

“Motion by Comr. Moore, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the one {1} year Office Lease Agreement with Potawatomi Resource Conservation and Development for office space located on the First Level of the Marshall County Building, effective upon approval through March 20, 2004; further, authorize the Board Chairman to execute said Lease Agreement on behalf of Calhoun County.”

Roll call vote: Yes - 7 Motion CARRIED Unanimously

District Court Staff Reorganization Request

Mr. Purcell advised that the request is to increase a part-time position to full-time which the Court believes shall generate additional revenue.

Court Administrator Michelle Hill advised that the District Court Judges, administration, supervisors and staff have been meeting since the beginning of 2003 to evaluate and plan for implementation of an Accounts Receivable Program to avoid the number of bench warrants for non-payment of fines and costs. Currently the Court is entering approximately 150 warrants per month which captures a significant amount of resources for the police, jail and Court.

Ms. Hill stated that no additional county appropriation will be required to increase the position to full time due to savings from eight vacancies left unfilled until March and April. Ms. Hill advised that the Court anticipates that the new program shall be implemented by January 1.

Res. 150-2003

“Motion by Comr. Miller, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners grant the Tenth District Court’s request to increase a .50 FTE Accounts Receivable Clerk position to an 1.0 FTE position; further, require a review of the forecasted revenue on or before July 31, 2004.”

Comr. Moore inquired why the non-payments are not turned over to a collection agency. Ms. Hill responded that there is a cost for collection and the Court would like to attempt collection itself. Ms. Hill advised that in some cases the Court may have to use a collection agency.

Chairman Austin stated that he had some concern, however, has been assured by the Administrator/Controller that there will be review of the revenue generated to ensure that the revenues fund the position.

Roll call vote: Yes - 7 Motion CARRIED Unanimously

FY 2004 Health Department Fee Schedules

Mr. Purcell stated that the new fees will generate an additional $84,000 of revenue which has been “plugged” into the Department’s 2004 budget. Mr. Purcell addressed the article he provided addressing the food fee increases that appeared in the Enquirer and News, and advised that the Commission is being requested to approve the fee increases tonight, and then the rules that accompany the fees. Mr. Purcell advised that the rules are not before the Commission tonight as they must go before the Board of Health on September 15 and after which shall be presented to the Commission at the October 2 Board Meeting.

Health Officer Heidi Oberlin stated that the Department reviewed the time it takes to provide the services and worked out the recommended fees. Ms. Oberlin advised that the proposed restaurant/food fee schedule has been changed and public forums have been held in Battle Creek, Marshall and Albion with notice provided to all who would be affected. Ms. Oberlin further advised that the Board of Health approved the fees at their August 18 meeting where a public hearing was conducted.

Ms. Oberlin continued that a portion of the new restaurant/food license fee covers the cost of the certified food manager’s class to ensure the safety of food preparation.

Environmental Health Director Ted Havens stated that the staff worked hard to develop the fees, meeting with the builders and realtors and conducted five public hearings.

Res. 151-2003

“Motion by Comr. Miller, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the 2004 Health Department Fee Schedule as presented.”

Comr. Miller advised that certain fee increases are a result of changes in state law to perform more detailed and lengthy inspections; and that none of the increases are to generate additional revenue, only to cover the cost of the inspections. Comr. Miller advised that the restaurants are not happy with the idea of changing the Health Code to require a certified food manager on site, however, their concerns have been listened to and the Board of Health has advised that it shall not proceed down that road.

Comr. Frederick advised that she has received several telephone calls from small restaurant owners on the eastern side of the county who shall have to pay the same fee as much larger restaurants with more seating capacity. Comr. Frederick stated that she believes it would be better to establish the fixed food license fee on a sliding scale based upon seating capacity.

Ms. Oberlin pointed out that the restaurant/food fee schedule proposed is based on how the food is prepared. A restaurant that prepares food from scratch must have the complex inspection. Mr. Havens advised that restaurants that prepare food with multiple ingredients pose a higher health risk regardless of their seating capacity than food establishments that serve pre-packaged food as that food is already regulated.

Mr. Havens stated that the Department shall provide the training and provide a certificate once the course is passed. Mr. Havens pointed out that a food manager will not be required to be on site for the whole shift. Restaurants will only be required to have a certified food manager on site for an 8 hour shift. Comr. Frederick inquired whether the food manager program is a Calhoun County program rather than a state requirement. Mr. Havens responded yes, and advised that there are courses available on the internet or from other people in Calhoun County who teach such classes.

Comr. Frederick inquired how long certification is good for. Mr. Havens responded that the Department is proposing renewal every three years. Comr. Frederick inquired whether out of county restaurants who send employees for training are charged the same as Calhoun County restaurants. Mr. Havens responded that out of county restaurants are charged $50 per employee.

Comr. Frederick advised that she has a problem with the rules not being presented with the fees.

Comr. Moore inquired what license category a restaurant serving at a festival would fall under versus a club that serves food from a home cooker. Mr. Havens responded “A temporary food license.”

General Counsel Nancy Mullett stated that she is not clear whether the food manager class is a requirement or not. Ms. Oberlin responded that the class is not a requirement unless the Health Code changes, however regardless, the class is being offered by the Department. Atty. Mullett stated that although she believes the class would be a benefit, she does not believe the fee can be included in the fee schedule as the class is optional; pointing out that the restaurants may opt out.

Mr. Havens advised that the Department is still going to require each restaurant to have a certified food manager.

Atty. Mullett questioned whether each restaurant will be required to send at least one employee to the class; further, whether restaurants would receive a rebate should they receive certification from some place else other than the Health Department. Mr. Havens responded that the fee would not be rebated.

Mr. Purcell suggested that the Commission might wish to table approval of the fees schedule until the Board of Health has taken action on the rules, and inquired regarding the impact of delaying action. Ms. Oberlin responded that she does not believe delay would have a significant impact.

Comr. Frederick voiced concern with the large increase for the fixed food license.

Res. 151-A-2003

“Substitute Motion by Comr. Strowbridge, supported by Comr. Moore, adopt the following: Resolved by the Calhoun County Board of Commissioners table the 2004 Health Department Fee Schedule until the October 2, 2003 Board of Commissioners Meeting.”

Comr. Miller stated that he can support sending the fees schedule back to the Board of Health until the rules are provided, however, believes that it would be inappropriate for the Commission to approve the FY 2003-2004 Health Department budget if the fees structure is not approved as the budget is predicated on the $84,000 increase in fees.

Comr. Miller pointed out that Board Members have had the agenda for some time prior to the meeting and if Members had some concerns, he believes it would have been more appropriate to address their concerns with the Administrator/Controller, the Health Department or the Commissioners that serve on the Board of Health whereby those concerns could have been addressed prior to the Board meeting. Comr. Miller invited Board Members to attend the next Board of Health meeting.

Roll call vote on Substitute Resolution 151-A-2003: Yes -7 Motion CARRIED Unanimously

FY 2003-2004 Health Department Budget

Mr. Purcell again advised that the budget includes revenue predicated upon some of the fees within the proposed fees schedule. Mr. Purcell advised that the addendum includes some changes in the staffing levels and that the county shall be providing the same level of maintenance of effort from the county general fund.

Ms. Oberlin advised that the budget has been established based upon the best information the Department has at this point. Ms. Oberlin stated that she hopes the budget can be approved tonight because of the proposed personnel changes.

Ms. Oberlin advised that in state grants, funding reductions equaling $144,000 in a wide variety of programs was offset by an increase of $153,000 in the Bio-Terrorism/Emergency Preparedness Program. In local grants, funding was lost for the Lead and Great Choices Programs, and reduced for the Nursing Clinic. Burnham Brook funding for senior health assessments was also eliminated and funding for the Network for Young Children staff was drastically reduced; however, funding for the senior millage dental program is expected to increase. Ms. Oberlin advised that workforce reductions were not necessary due to a combination of attrition and transfers between programs.

Res. 152-2003

“Motion by Comr. Miller, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the FY 2003-2004 Health Department Budget, as recommended by the Board of Health.”

Comr. Frederick recommended the amounts for senior millage health screenings and dental services be reviewed as she believes there is a discrepancy. Ms. Oberlin explained that the discrepancy is due to the difference between the fiscal year and the calendar year.

Comr. Moore inquired when the budget must be approved. Ms. Oberlin responded that she plans on posting the positions tomorrow to have the staff “on board” by October, pointing out that the staffing piece is tied to the budget. Comr. Moore advised that he has a real problem with approving the budget prior to approving the fees schedule.

“Motion by Comr. Moore, adopt the following amendment to Resolution 152-2003: Resolved by the Calhoun County Board of Commissioners approve the FY 2003-2004 Health Department Budget recommended by the Board of Health, as amended, with deletion of $84,000 of revenue and $84,000 of expenditures.”

Mr. Purcell stated that the timing is the critical issue; and pointed out that if the fees need to be adjusted, the budget can be amended. Mr. Purcell further pointed out that a number of the revenues in the budget are estimates and that some of those estimates will change. Mr. Purcell recommended the budget be approved as presented.

Comr. Moore again voiced concern that the budget is predicated upon the fee increases. Comr. Moore withdrew his amendment to Resolution 152-2003.

Comr. Miller advised that if the budget is approved, it is with the understanding that any adjustment shall come back before the Commission; further that in the event that the fee schedule changes, the Board of Health will make the appropriate adjustments to balance the budget.

Comr. Strowbridge inquired whether only the staffing levels could be approved tonight without the budget. Mr. Purcell responded that the Department would be starting their fiscal year without a budget. Ms. Oberlin questioned whether the budget could be brought back before the Commission right after the Board of Health Meeting. Chairman Austin inquired how close the rules are to being finalized. Ms. Oberlin responded that the rules must be reviewed by General Counsel.

Comr. Ivey offered a friendly amendment to Resolution 152-2003 to approve the budget contingent upon approval of the fees schedule. Comrs. Miller and Segal accepted the friendly amendment.

Res. 152-A-2003

“Motion by Comr. Miller, supported by Comr. Segal, adopt the following as amended: Resolved by the Calhoun County Board of Commissioners approve the FY 2003-2004 Health Department Budget as recommended by the Board of Health, contingent upon approval of the 2004 Health Department Fee Schedule.”

Roll call vote on Resolution 152-A-2003: Yes - 7 Motion CARRIED Unanimously

FY 2003-2004 Health Department Comprehensive Planning, Budgeting and Contract

Mr. Purcell advised that the agreement reflects a net increase of $8,952 from fiscal year 2002/2003.

Ms. Oberlin stated that the agreement is the Department’s annual agreement with the state and addressed the reductions outlined, executive order budget reductions and the increase for bio-terrorism.

Res. 153-2003

“Motion by Comr. Miller, supported by Comr. Moore, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the FY 2003/2004 Comprehensive Planning, Budgeting and Contract Agreement in the amount of $1,544,538 for the period of October 1, 2003 through September 30, 2004 between the Michigan Department of Community Health and the Calhoun County Board of Commissioners on behalf of the Calhoun County Health Department; further, authorize the Board Chairman to execute said Agreement on behalf of the Calhoun County Board of Commissioners.”

Roll call vote: Yes - 7 Motion CARRIED Unanimously

FY 2003-2004 Friend of the Court C.R.P. Medical Support Enforcement Grant Agreement

Circuit Court Administrator Jeffrey Albaugh stated that the grant has been received since 1995 and provides for payment of approximately 1.79 of 2 full time positions to enforce the medical support provisions in domestic relations cases as required by federal regulation and state law. The remaining 0.21 of staff expense is paid through the State Cooperative Reimbursement Program.

Res. 154-2003

“Motion by Comr. Frederick, supported by Comr. Ivey, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the FY 2003-2004 Friend of the Court Medical Support Enforcement Grant Agreement, CS/MED-04-13001, between the Michigan Family Independence Agency and Calhoun County in the amount of $87,424, (federal and state funds) for the period of October 1, 2003 through September 30, 2004; further, authorize the Board Chairman to execute the Agreement on behalf of Calhoun County.”

Roll call vote: Yes - 7 Motion CARRIED Unanimously

CITIZENS’ TIME:

Mr. Greg Kapazoria advised that his Firm, Criminal International, provides criminal rehabilitation in 27 countries in the world and has come to assist in bringing the crime rate down in the State of Michigan. Mr. Kapazoria advised that the Firm offers programs to those in prison and currently has provided service to over 2,000 prisons in the United States.

Ms. Gray-McWhorter commended Police Officer Brian who carried her television back upstairs after an attempted robbery at her residence.

Mr. Jerry Keller, Battle Creek resident, stated that he thought that Calhoun County was quite successful and prosperous and had been astounded to discover that the county provides welfare in the amount of $42 Million.

Mr. Keller addressed the proposed fixed food license fee, pointing out that there are a lot of small restaurants that will not be able to pay the increased fee. Mr. Keller stated that he likes the small restaurants and is concerned that the county may be putting small restaurants out of business and people out of work.

Mr. Keller voiced his support for the proposed casino, advising that he attended the last meeting at the church and that the people in attendance have “an axe to grind.”

Mr. Gardy Berezonsky inquired how the office space lease rate had been determined for Item 12.A. (1); further, questioned the delay in renewing the expired lease.

COMMISSIONERS’ TIME:

Comr. Segal reported that the Youth Council shall be conducting its first regular meeting September 11 at 6:00 p.m. Comr. Segal stated that the Council had a good preliminary meeting in August and she believes the Commission will be excited with what the Council is doing.

Comr. Segal wished her Mother a happy birthday and her Mother and Father a happy anniversary.

Comr. Moore reminded everyone of the Operation Tribute to Freedom event on Saturday, September 6.

Comr. Moore advised that the Corporate Cup Kickoff will be next week and that this year a hospitality tent has been added. Comr. Moore invited everyone to attend and advised that the judges will be providing hot dogs.

Comr. Moore further advised that Character Unlimited shall be hosting Dr. David Brooks for the entire week of October 5 and there shall be a number of events. On October 7 from 9:30 a.m. to 11:30 a.m. at the Kendall Center there shall be discussion of juvenile justice. On Monday, October 6 from 6:00 p.m. to 8:00 p.m. there will be a workshop at the Y Center for parents and care givers to improve decision making and problem solving with children. Babysitting and refreshments will be provided. On Wednesday, October 8 from 6:00 p.m. to 8:00 p.m. there will be a workshop at Summit Pointe for youth to discuss issues they face at school, home and within the community and to discuss some solutions.

Comr. Ivey reminded everyone of Marshall’s Annual Historic Homes Tour this weekend.

CLAIMS PAYABLE LISTINGS:

Res. 155-2003

“Motion by Comr. Strowbridge, supported by Comr. Frederick, adopt the following: Resolved by the Calhoun County Board of Commissioners approve payment of the lists of claims against the county in the total amounts of $38,885.67 and $1,171,920.40 for the week of August 19, 2003; further, approve payment of the list of claims against the county in the total amount of $421,628.55 for the week of August 26, 2003.”

Roll call vote: Yes - 7 Motion CARRIED Unanimously

ANNOUNCEMENTS:

Asst. County Administrator Wendee Woods announced that tomorrow is the United Way’s Tenth Annual Day of Caring in the Battle Creek community. Marshall shall be kicking off their campaign on September 16. Ms. Woods advised that Calhoun County will have a garage sale at the Justice Center and encouraged everyone to attend.

Comr. Moore advised that the Community Development Department was able to get Calhoun County listed in the land use book with a nice write up regarding the county’s effort to control urban sprawl and protect the environment. Comr. Moore further advised that Calhoun County is the only governmental entity listed in the publication.

RECESS:

The meeting recessed at 8:50 p.m. at the call of the Chair.

Calhoun County
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Marshall, MI 49068
Phone: (269) 781-0700
Fax: (269) 781-0140

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