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 Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
June 3, 2004
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:02 p.m., Thursday, June 3, 2004 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. Ivey.
APPROVAL OF AGENDA:
“Motion by Comr. Segal, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners approve
the June 3, 2004 agenda, as amended, to include Item 7.A. - Calhoun
County Youth Council Presentations and deletion of Items 11.A. (7) -
Non-Supervisory Police Officers Labor Council Labor Agreement
Ratification and (8) - Command Officers Association of Michigan Labor
Agreement Ratification.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Miller, supported by Comr. Segal, adopt the
following: Resolved by the Calhoun County Board of Commissioners approve
the May 6, 2004 minutes as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. Gardy Berezonsky, Battle Creek resident, questioned whether
passage of Item 11.A. (10) - Notice of Right of Referendum on Limited
Tax Bonds shall deny the residents the right to vote regarding issuance
of the bonds.
ELECTED/APPOINTED COUNTY OFFICIALS’ COMMENTS:
Calhoun County Youth Council Presentations
Chairman Austin and Commissioners Segal and Miller presented plaques
to Youth Council members in appreciation for their service on the
Council. Chairman Austin thanked Commissioners Segal and Miller for
their work in making the Council a success. Council Chairman Eric Roth
presented Board Members serving on the Council with clocks on behalf of
the Council.
CONSENT AGENDA:
Comr. Segal requested Item A.(2) be removed from the Consent Agenda
for separate consideration.
Res. 96-2004
“Motion by Comr. Segal, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following June 3, 2004 Consent Agenda, as amended, with
deletion of Item A.(2) - Communication received from Mr. and Mrs.
Deryck Wilson:
A. Petitions, Communications, Reports:
(1) Notice of a public hearing scheduled for May 18, 2004
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 remitted to Equalization Director
Richard Gruber)
B. Resolutions:
(1) Summit Pointe Board of Directors Appointment
(Term Shall Expire December 31, 2004)
{a} Dr. Pollis Robertson (Replacing Catherine Lucas)
(2) Veterans Affairs Committee Appointment
(Term Shall Expire October 31, 2008)
{a} David Martin -- Vietnam & Persian Gulf Veteran”
Voice Vote: Motion CARRIED
Comr. Segal requested the communication from Mr. and Mrs. Wilson be
remitted to the Senior Services Department.
Res. 96-A-2004
“Motion by Comr. Segal, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners
receive and place on file a communication received from Mr. and Mrs.
Deryck Wilson, Battle Creek residents, addressing Burnham Brook
Center’s membership fees increase and remit a copy to the Senior
Services Department.”
Voice Vote: Motion CARRIED
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Purchasing Policy Review Workshop
Workshop Chairman Miller reported that Mr. Wilcox has done a lot of
research for the Workshop; further, that the Workshop is working to
determine what is local and then shall review the policy as a whole and
present a an update. Comr. Miller stated that he anticipates presenting
the report sometime in September.
Employee Recognition and Relations Committee
Committee Chairperson Segal advised that Commissioner Strowbridge and
Cornwell’s Turkey Farm is sponsoring the birthday lunch for the month of
June. Comr. Segal requested Chairman Austin draw the winning name, and
announced that the employee for June is Jeanne Cortright.
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
Emergency Management Performance Grant Agreement
County Administrator/Controller Greg Purcell advised that the
Agreement is in the amount of $29,761.
Emergency Services Director Gregory Babcock addressed accomplishments
since he became Director; e.g., revision of the Emergency Action Guide
to include livestock and terrorism, training of 80 individuals in
incident command, training of 200 individuals in severe weather and
emergency management awareness, creation of a technical response team,
update of the Calhoun Intermediate School District’s crisis plan,
completion of a state-wide vulnerability needs assessment; and addressed
recent activities; e.g., responding to the blackout in Marshall City,
working on flood issues in Pennfield Township, responding to
environmentally hazardous spills, responding to two large fires, and
providing assistance after the storm damage in Fredonia Township. Mr.
Babcock advised that he has hired a planner and has conducted two table
top exercises.
Res. 97-2004
“Motion by Comr. Segal, supported by Comr. Moore, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Emergency Management Performance Grant Agreement between
the Michigan Department of State Police, Emergency Management
Division, and Calhoun County Emergency Services in the amount of
$29,761 for the period of October 1, 2003 through September 30, 2004;
further, authorize the Board Chairman to execute said Agreement on
behalf of Calhoun County and Calhoun County Emergency Services.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Michigan 2004 Homeland Security Grant Application
Mr. Babcock advised that the application has not been received yet,
that he must complete the narrative first.
Res. 98-2004
“Motion by Comr. Moore, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Michigan 2004 Homeland Security Grant Program Application
in the amounts of $126,255 for the Law Enforcement Terrorism
Protection Program and $414,191 for the State Homeland Security
Program.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Health Department Nurse Practitioner Agreement
Health Officer Heidi Oberlin stated that the agreement is for a 30
day period and may be renewable for subsequent 30 day periods for a
maximum of 6 months. Ms. Oberlin advised that the Nurse Practitioner who
works in the Breast and Cervical Cancer Control and Family Planning
Programs had an unexpected need to take leave from work. Ms. Oberlin
further advised that the agreement has been approved by the Board of
Health and the Michigan Nurses Association. Ms. Oberlin stated that Ms.
Ackerson is very experienced and can assure that there shall be no
interrupted services.
Res. 99-2004
“Motion by Comr. Miller, supported by Comr. Frederick, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Family Planning/Breast and Cervical Cancer Control Program
Nurse Practitioner Agreement between the Calhoun County Public Health
Department and Kelly Ackerson, RNC, Independent Contractor effective
June 1, 2004; further, authorize the Board Chairman to execute said
Agreement on behalf of Calhoun County and the Health Department.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Ms. Oberlin reported that the state has revised the funding formula
for the Womens, Infants and Childrens (W.I.C.) Program and this year an
additional $50,000 shall be coming. The Department has until October 1
to spend the money and intends to provide services to more individuals.
Ms. Oberlin further reported that the Community Foundation has made a
four year commitment to assist in funding the Minority Partnership
initiative.
Comr. Moore inquired regarding the increase in the W.I.C. caseload.
Ms. Oberlin responded that she believes the increase is due to economic
conditions and increased knowledge that the program exists. Ms. Oberlin
advised that the caseload has increased the most in Albion, from 600 to
700 cases.
Justice Complex Fencing Bid Award
Sheriff Allen Byam stated that the 2003 Homeland Security Grant
provides the opportunity to install a fence around the correctional
portion of the Justice Center to keep people out. Sheriff Byam stated
that the need for fencing has been a matter of concern and is
recommended by the Justice Center Security Committee.
Mr. Babcock advised that the vulnerability needs assessment
determined that the back of the building needs to be more secure.
“Motion by Comr. Strowbridge, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners award
the bid for purchase of perimeter fencing around the Justice Center to
D-K Fencing of Battle Creek, Michigan in the amount of $25,643.”
Mr. Purcell stated that this recommendation has created some
discussion with the City of Battle Creek. Mr. Purcell advised that he
attended a meeting with the City Manager to address the City’s concerns
regarding the fence and to review alternatives. Mr. Purcell advised that
galvanized fencing can be acquired for $25,643, vinyl coated fencing for
$41,920 and an ornamental fence for $123,413.
Mr. Purcell advised that he presented the information to the City and
inquired whether the City had an interest, and that he again discussed
the issue with the City Manager this afternoon. The City would prefer
there be no fence. Mr. Purcell pointed out that the county does not need
the City’s approval to install the fencing.
Mr. Purcell recommended the fencing be upgraded to the vinyl coated
for a cost of $41,920, pointing out that the grant provides for $30,000
and that Administration would have to determine the remainder either
through the Facilities budget or the Sheriff Department budget.
Comr. Moore stated that although he agrees that the vinyl coated
fencing would look nicer, the vinyl is not permanent and would require
maintenance. Comr. Moore stated that prior to approving expenditure of
an additional $10,000 to $15,000 he would like to hear who shall be
responsible for maintenance of the fence and the cost of such
maintenance.
Comr. Segal advised that she has been attending the Battle Creek
Downtown Development meetings and the organization has been working to
make the downtown area look nice. Comr. Segal stated that she is aware
of the importance of a fence, however, pointed out that the fence shall
be visible from the Linear Park.
Mr. Purcell pointed out that he approached the City over a month ago.
Mr. Purcell inquired when the decision regarding the fencing needs to be
made. Mr. Babcock responded “Tomorrow.”
Administrative Services Director Bradley Wilcox advised that issues
regarding maintenance were addressed during the pre-proposal
conferences. Mr. Wilcox stated that different types of vinyl coating was
discussed and the higher grade and longest-lasting coating was selected.
The vinyl selected is marketed as maintenance free and there is a
warranty. Mr. Wilcox stated that his issues regarding on-going
maintenance have been satisfied.
Comr. Miller stated that he sympathizes with the City that the
downtown area be aesthetically pleasing; however if the City is
concerned, he would ask that the City pay a share for the upgraded
fencing.
Mr. Purcell stated that he shall ask the City for the funds to
upgrade the fence, however, pointed out that the money to upgrade to the
vinyl coated fencing may have to be located from the county’s budget.
Comr. Strowbridge stated that unless additional funds outside of the
county budget are acquired or the City will “chuck in” the extra, then
he would like the resolution he proposed for expenditure of $25,643 to
stand.
Comr. Segal inquired whether the check has to be written tomorrow.
Mr. Babcock responded that the purchase order has to be assigned to a
vendor tomorrow. Mr. Purcell suggested issuing the purchase order for
the galvanized fencing pointing out that if the City provides the
additional funding, the purchase could be upgraded. Comr. Segal stated
that she believes such would be a good compromise.
Mr. Purcell stated that he would like the entire grant funding of
$30,000 put towards the purchase and shall request the balance from the
City.
Comrs. Strowbridge and Miller accepted the friendly amendment to the
resolution.
Res. 100-2004
“Motion by Comr. Strowbridge, supported by Comr. Miller, adopt the
following, as amended: Resolved by the Calhoun County Board of
Commissioners award the bid for purchase of perimeter fencing around
the Justice Center to D-K Fencing of Battle Creek, Michigan and
authorize expenditure not to exceed $30,000 of Homeland Security Grant
funds for the fencing. If additional funding is acquired from an
outside source other than county funds, the fencing may be upgraded
from galvanized to vinyl coated.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
2005 Budget Committee Creation/Appointments
Res. 101-2004
“Motion by Comr. Segal, supported by Comr. Miller, adopt the
following: Resolved by the Calhoun County Board of Commissioners
create the 2005 Budget Committee and appoint Gregory Moore as
Chairman, Kate Segal and Barbara Frederick. The Committee shall sunset
December 31, 2004.”
Chairman Austin stated that he looks forward to working with the
Committee again and building upon the progress of last year.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Policy and Practices Committee Creation/Appointments
Mr. Purcell advised that the Committee shall be working to review the
long term issues addressed at the Board Retreat.
Res. 102-2004
“Motion by Comr. Miller, supported by Comr. Frederick, adopt the
following: Resolved by the Calhoun County Board of Commissioners
create the Policy and Practices Committee and appoint Kate Segal as
Chairperson, Benjamin Miller and Gregory Moore. The Policy and
Practices Committee will review policies and practices that have
direct and significant impact on the county budget and make
recommendations that will improve the Board of Commissioners’ ability
to manage the budget. The Committee shall report to the Board of
Commissioners by July 31, 2004 and shall sunset June 30, 2005.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Cherry LAN Software License/Enhancements Agreement
Mr. Purcell advised that the agreement is from the Clerk’s Office for
software enhancements and that the funds shall be expended from the
Register of Deed’s Technology Fund. Mr. Purcell further advised that the
agreement has been reviewed by the Information Technology Department.
Res. 103-2004
“Motion by Comr. Moore, supported by Comr. Frederick, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the three {3} year Agreement between Cherry LAN Systems, Inc.
and the Calhoun County Clerk/Register Office for lease of computer
software products from Cherry LAN Systems, Inc. for the period of June
3, 2004 through December 31, 2006 at $17,700 per year to be funded
from the Register of Deed’s Technology Fund 256-2560; further,
authorize the Board Chairman to execute said Agreement on behalf of
Calhoun County and the Calhoun County Clerk-Register Office.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Notice of Intent to Issue Limited Tax General Obligation Capital
Improvement Bonds and Right of Referendum
Mr. Purcell stated that Administration was advised by legal counsel
that the county should publish the notice at this time to speed the
process along as the county is concerned that interest rates shall
increase in the near future and the county would like to take advantage
of the lower interest rates. Mr. Purcell pointed out that publishing the
notice at this time does not deny the rights of the people to file a
petition. Mr. Purcell advised that the homeland security grant is
providing $126,000 that will be allocated for the purchase of radios for
the police departments, and that he anticipates more good news regarding
grants in the near future. Mr. Purcell stated that the county is
attempting to keep the project cost down for the taxpayers.
Res. 104-2004
“Motion by Comr. Frederick, supported by Comr. Strowbridge,
resolved by the Calhoun County Board of Commissioners adopt the
following:
WHEREAS, the County of Calhoun, Michigan (the “County”) determines
it to be necessary for the public health, safety and welfare of the
County and its residents to acquire, construct, furnish, and equip a
new E 9-1-1 consolidated public safety communications center including
the site and any related site improvements (collectively, the
“Project”); and
WHEREAS, the County is placing a proposal on the ballot for voter
approval to levy additional mills to acquire, construct, and operate
the Project; and
WHEREAS, if the proposal is approved by the voters, then the
issuance by the County of limited tax general obligation bonds for the
purpose of financing costs of acquisition and construction of the
Project appears to be the most practical means to that end; and
WHEREAS, under the provisions of Section 517 of Act No. 34, Public
Acts of Michigan, 2001, as amended (“Act 34") a county may issue bonds
to pay the cost of any capital improvement items within the
limitations provided by law; and
WHEREAS, the issuance by the County of bonds under Section 517 of
Act 34 in an amount not to exceed Fifteen Million Three Hundred
Thousand Dollars ($15,300,000) (the “Bonds”) for the purpose of
financing costs of acquisition and construction of the Project appears
to be the most practical means to that end; and
WHEREAS, Act 34 requires that the aggregate outstanding balance of
municipal securities issued under Section 517 of Act 34 by a county
shall not exceed 5% of the state equalized valuation of the property
assessed in that county, and after the issuance of the Bonds the
outstanding balance of all municipal securities issued under Section
517 of Act 34 by the County will not exceed this limit; and
WHEREAS, a notice of intent to issue bonds must be published in
order to comply with the requirements of Section 517 of Act 34; and
WHEREAS, the Internal Revenue Service has issued Treasury
Regulation § 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended, governing proceeds of debt used for reimbursement, pursuant
to which the County must declare official intent to reimburse
expenditures with proceeds of such debt before making the
expenditures.
NOW, THEREFORE, BE IT RESOLVED, THAT:
- The County Clerk is hereby authorized and directed to publish a
notice of intent to issue the Bonds in the Battle Creek Enquirer, a
newspaper of general circulation in the County.
- The notice of intent shall be published as a one-quarter (1/4)
page display advertisement in substantially the following form:
NOTICE TO ELECTORS
OF THE COUNTY OF CALHOUN
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE COUNTY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the County Board of Commissioners of the
County of Calhoun, Michigan, intends to issue and sell general
obligation capital improvement bonds, pursuant to Act 34, Public Acts
of Michigan, 2001, as amended, in an amount not to exceed Fifteen
Million Three Hundred Thousand Dollars ($15,300,000) for the purpose
of paying all or part of the cost to acquire, construct, furnish, and
equip a new E 9-1-1 consolidated public safety communications center
including the site and any related site improvements.
The bonds may be issued in one or more series as shall be
determined by the County Board of Commissioners and may be combined
with bonds issued for other purposes. Each series of the bonds will
mature in annual installments not to exceed fifteen (15) in number,
with interest on the unpaid balance from time to time remaining
outstanding on said bonds to be payable at rates to be determined at
sale of the bonds but in no event to exceed such rates as may be
permitted by law.
SOURCE OF PAYMENT OF BONDS
The County intends to pay the principal and interest of the bonds
from a portion of the new E 9-1-1 millage which the County is placing
on the ballot for voter approval. In the event of the insufficiency of
the millage, the bonds would be payable from the general funds of the
County lawfully available for such purposes including property taxes
levied within applicable statutory and constitutional limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A
PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OR 15,000
OF THE REGISTERED ELECTORS, WHICHEVER IS LESS, RESIDING WITHIN THE
COUNTY, IS FILED WITH THE COUNTY CLERK WITHIN FORTY-FIVE (45) DAYS
AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS
MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE
QUALIFIED ELECTORS OF THE COUNTY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517,
Act 34, Public Acts of Michigan, 2001, as amended. Additional
information regarding the new E 9-1-1 consolidated public safety
communications center to be financed with bond proceeds can be
obtained from the Calhoun County Administrative Office.
| Anne B. Norlander |
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| Calhoun County Clerk |
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- The County Board of Commissioners does hereby determine
that the foregoing form of Notice of Intent to Issue Bonds, and the
manner of publication directed, is adequate notice to the electors of
the County and is the method best calculated to give them notice of
the County’s intent to issue the Bonds, the purpose of the Bonds, the
security for the Bonds, and the right of referendum of the electors
with respect thereto, the newspaper named for publication is hereby
determined to reach the largest number of persons to whom the notice
is directed, and the newspaper complies with the requirements of Act
No. 247, Public Acts of Michigan, 1963.
- The County hereby makes the following declaration of intent for
the purpose of complying with the reimbursement rules of Treas. Reg. §
1.150-2 pursuant to the Internal Revenue Code:
| (1) |
The County reasonably expects to reimburse itself
with proceeds of debt to be incurred by the County for the
expenditures made to pay certain costs associated with the Project
which were or will be paid subsequent to sixty (60) days prior to
the date hereof from the general funds or capital fund of the
County. |
| (2) |
As of the date hereof, the maximum principal
amount of debt expected to be issued for reimbursement purposes,
including reimbursement of debt issuance costs, is $15,300,000. |
| (3) |
A reimbursement allocation of the expenditures
described in paragraph (1) above with the proceeds of the
borrowing described herein will occur not later than 18 months
after the later of (i) the date on which the expenditure is paid,
or (ii) the date the Project are placed in service or abandoned,
but in no event more than three (3) years after the original
expenditure is paid. A reimbursement allocation is an allocation
in writing that evidences the County’s use of the proceeds of the
debt to be issued for the Project to reimburse the County for a
capital expenditure made pursuant to this Resolution. |
| (4) |
The expenditures for the Project are “capital
expenditures” as defined in Treas. Reg. § 1.150-1(b), which are
any costs of a type which are properly chargeable to a capital
account (or would be so chargeable with a proper election or with
the application of the definition of “placed in service” under
Treas. Reg. § 1.150-2(c)) under general Federal income tax
principles (as determined at the time the expenditure is paid). |
| (5) |
No proceeds of the borrowing paid to the County in
reimbursement pursuant to this Resolution will be used in a manner
described in Treas. Reg. § 1.150-2(h) with respect to abusive uses
of such proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that
results in the creation of replacement proceeds (within Treas.
Reg. § 1.148-1) within one year of the reimbursement allocation
described in (3) above. |
- The County recognizes that Miller, Canfield, Paddock and Stone,
P.L.C., has represented from time to time, and currently represents
financial institutions and other potential participants in the bond
financing process for unrelated projects, any of which might offer to
purchase the County’s Bonds or to act as Transfer Agent for the Bonds.
The County appoints Miller, Canfield, Paddock and Stone, P.L.C. as
bond counsel for the Bonds, notwithstanding the potential concurrent
representation of any such bidder regarding any unrelated matter.
- All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution are hereby rescinded.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
COMMISSIONERS’ TIME:
Comr. Segal reminded everyone that next Friday, June 11, is the
deadline for accepting applications for next year’s Youth Council
members.
CLAIMS PAYABLE LISTINGS:
Res. 105-2004
“Motion by Comr. Segal, supported by Comr. Strowbridge, 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 $675,774.76 and $480,632.93 for the week of May 25, 2004.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ANNOUNCEMENTS:
Mr. Purcell announced that the Juvenile Home Golf Outing is next
week; further, that the Battle Creek Cereal Festival is June 12. Mr.
Purcell stated that he shall be doing some planting at the Juvenile Home
this weekend, and advised that the plants were donated by Representative
Wenke.
RECESS:
The Board recessed at 8:13 p.m. at the call of the Chair.
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Several photos included in this 
