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Board of Commissioners Minutes

CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS

June 17, 2004

The Regular Session of the Calhoun County Board of Commissioners convened at 7:03 p.m., Thursday, June 17, 2004 in the Commissioners' Meeting Room, County Building, Marshall, Michigan.

Roll Call: Present: Comrs. Frederick, Ivey, Miller, Moore, Segal and Strowbridge. Excused: Comr. Austin.

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. Strowbridge, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the June 17, 2004 agenda as presented.”

Voice Vote: Motion CARRIED

APPROVAL OF MINUTES:

“Motion by Comr. Strowbridge, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the May 20, 2004 and June 3, 2004 minutes as presented.”

Voice Vote: Motion CARRIED

CITIZENS’ TIME:

Juvenile Home Asst. Director Brent Cole thanked Mr. Purcell and Attorney Mullett for their time at the Juvenile Home during the management transition period, and presented a plaque to Ms. Woods in special recognition of her time and efforts and advised that at some future date the plaque shall be collected and displayed at the Home.

CONSENT AGENDA:

Res. 106-2004

“Motion by Comr. Segal, supported by Comr. Strowbridge, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the following June 17, 2004 Consent Agenda as presented:

A. Petitions, Communications, Reports:

(1) Resolution received from Emmett Township supporting passage of the E 9-1-1 Central Dispatch millage. (Received and placed on file, with a copy remitted to E 9-1-1 Services Coordinator Robert Muladore)

(2) Resolutions received from Antrim County {1} opposing House Bill No. 4234 {Personal Property Tax Exemptions for Businesses}, {2} opposing the reopening of inmate sentencing guidelines, {3} opposing increasing the Veterans Administration Hospital Drug Co-Pay and charging veterans an annual fee, {4} calling upon the State Legislature to fully fund existing positions within the Department of Transportation’s Multi-Modal Bureau, {5} opposing the property tax collection proposal for county revenue sharing funds, {6} opposing any changes or reductions in revenue sharing to counties, and {7} opposing the State’s proposal for PILT funding. (Referred to the Legislative Liaisons, with a copy of {1} remitted to Equalization Director Richard Gruber; {2} remitted to Sheriff Allen Byam; and {3} remitted to Veterans Affairs Director Scott Losey)

(3) Resolution received from Ingham County donating the Spanish-American War flag of Company F, 1st Regiment Michigan State Troops, to the Michigan Historical Museum. (Received and placed on file)

(4) Resolutions received from Washtenaw County {1} urging the Michigan Department of Environmental Quality to consider a maximum contaminant level of 3ppb or below for 1,4-dioxane in drinking water, {2} opposing Senate Bill Nos. 1081 and 1103 {Public Transportation Funding Reduction}, and {3} opposing Senate Bill No. 1147 and House Bill No. 5762 {Proposed Regional Transportation Plan}. (Referred to the Legislative Liaisons, with a copy of {1} remitted to Environmental Health Director Ted Havens)

B. Resolutions:

(1) Metropolitan Planning Commission Appointment
     (Term Shall Expire December 31, 2006)

{a} Robert Bolton (Replacing David ThunderEagle)”

Voice Vote: Motion CARRIED

SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:

General Counsel Nancy Mullett reported that on July 1 at 6:00 p.m. there will be a joint Board of Commissioners/Emergency Telephone District Board Meeting in the Law Library.

PETITIONS AND NEW BUSINESS:

County Administrator/Controller’s Report

District Extension Agent Funding Memorandum of Agreement

County Administrator/Controller Greg Purcell advised that the agreement with Michigan State University (M.S.U.) will provide 30 percent salary and fringe benefits reimbursement for a District Agent position within the Extension Office.

Extension Director Rita Klavinski stated that for several years M.S.U. has been providing funding for the position.

Res. 107-2004

“Motion by Comr. Moore, supported by Comr. Segal, 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 for provision of 30 percent salary and fringe benefits reimbursement for the Extension Office District Agent position effective January 1, 2004; further, authorize the Board Chairman to execute said Memorandum of Agreement on behalf of the Board of Commissioners.”

Roll call vote: Yes - 6 (Comrs. Strowbridge, Frederick, Ivey, Miller, Moore and Segal)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

FY 2005 Community Corrections Grant Application

Mr. Purcell advised that the grant application is in the amount of $789,113, of which $239,788 is allocated for plans and services and $549,325 for probation residential services.

Res. 108-2004

“Motion by Comr. Segal, supported by Comr. Moore, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the FY 2005 Community Corrections Grant Application in the amount of $789,113, as recommended by the Community Corrections Advisory Board.”

Roll call vote: Yes - 6 (Comrs. Frederick, Ivey, Miller, Moore, Segal and Strowbridge)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

Deputy Equalization Director Position Creation

Mr. Purcell stated that the goal is to have a full time Level IV Director on staff, and requested Ms. Woods address the recruitment process.

Asst. County Administrator Wendee Woods advised that considerable measures have been made over the past 18 months to attract a Level IV candidate; however, those attempts have been unsuccessful. Ms. Woods stated that Mr. Gruber has been named the Equalization Director in order to meet the state requirement for retaining a Level IV Assessor, however, that the arrangement does not provide for daily oversight within the Department; therefore, Administration proposes to advertise for a Deputy Director who has completed their Level III course work and is working on obtaining their Level IV certification to move into the Director position over time.

Equalization Director Richard Gruber stated that he has no wish to be the Equalization Director for the long term, that he is here to assist the county in getting a Director. Mr. Gruber addressed the interaction between the Department and the local units of governments, and voiced concern for continued cooperation should the county hire someone from the outside.

Comr. Moore inquired regarding the status of reports required by the state. Mr. Gruber advised that presently all the reports have been submitted to the state, the appraisal studies have begun, all of the properties that have been sold in three of the classifications have been examined, and that he is presently turning in a interim report to the state.

Mr. Purcell advised that the county has a competitive hiring selection process which will be utilized to acquire the best candidate for Calhoun County and that Mr. Gruber, George Bratcher, a township assessor, and a Commissioner have been invited to assist in the process. Mr. Purcell further advised that Ms. Cortright has been invited to apply for the position.

Res. 109-2004

“Motion by Comr. Strowbridge, supported by Comr. Moore, adopt the following: Resolved by the Calhoun County Board of Commissioners approve the creation of a Deputy Equalization Director position at Grade 7 of the county Non-Union pay scale and authorize commencement of the hiring process to fill the position.”

Comr. Frederick requested clarification whether approval is just to hire a Deputy and that there shall be another process to hire the Director. Mr. Gruber responded “Correct.” Ms. Woods stated that at the time the individual attains their Level IV certification Mr. Gruber’s contract shall require action and a Director will have to be appointed. Mr. Purcell stated that the position being created is not being filled tonight, that the intent is that the candidate hired shall achieve their Level IV certification and become a candidate for the Director position.

Comr. Moore stated that a time frame for the individual to attain their Level IV certification should be established. Mr. Purcell advised that the time frame shall be stated within the position’s requirements. Mr. Purcell stated that if the individual does not attain their Level IV certification within two years, the county would again have to advertise for a Level IV Assessor at that time.

Mr. Gruber stated that he believes it is tough to state “within two years,” that he believes Administration needs to discuss the process with the individual on an on-going basis as the certification process is tough. Mr. Gruber further pointed out that after the person gets their report back from the State Assessors Board there is the opportunity to correct and resubmit the report which may fall within the two year time frame. Mr. Purcell stated that two years is the goal time.

Comr. Miller inquired whether the two year time frame for attaining Level IV certification shall be stated within the employment agreement. Mr. Purcell responded “Yes.”

Roll call vote: Yes - 6 (Comrs. Frederick, Ivey, Miller, Moore, Segal and Strowbridge)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

Interactive Video Hearings Technology Equipment Memorandum of Understanding

Mr. Purcell advised that the State Court Administrative Office is providing some money for equipment to conduct interactive video hearings.

Family Court Administrator Michael Boltz advised that in 2001 the Supreme Court issued an order approving the use of two-way interactive video technology in certain circumstances within the Family Division of the Circuit Court of Calhoun County. The Supreme Court and the Family Independence Agency have entered into an agreement which will provide $31,423.58 for the purchase of necessary equipment for installation at the Justice Center and the Juvenile Home that will allow for interactive video hearings between the two sites which will reduce the need for and expense of transporting the juveniles.

Res. 110-2004

“Motion by Comr. Segal, supported by Comr. Strowbridge, adopt the following: Resolved by the Calhoun County Board of Commissioners authorize the County Administrator/Controller to sign on behalf of Calhoun County, the Memorandum of Understanding between the State Court Administrative Office, Calhoun County, and the Thirty-Seventh Judicial Circuit Court for funding for equipment to conduct interactive video hearings; further, approve the necessary budget adjustments consistent with the Memorandum of Understanding once it is executed by the State Court Administrative Office.”

Comr. Strowbridge stated that he has reservations with this type of system, advising that several years ago Albion went to this type of system and due to software and telephone issues the system has not worked for over a year. Comr. Strowbridge advised that he shall support the resolution, however, would like to be kept informed regarding how the system is operating.

Roll call vote: Yes - 6 (Comrs. Ivey, Miller, Moore, Segal, Strowbridge and Frederick)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

2004 Hiring Freeze Waiver Request(s) Report

Ms. Woods reported that the savings to date are $163,687 with some of the savings in grant funded positions, some attributed to the normal time frame to hire a replacement for vacant positions, and some attributed to the Hiring Freeze Waiver Committee extending the period for which a vacant position remained vacant.

May Financial Statements

Finance Director James Latham reported that the budget is within $51,000 of last year’s pace, being a little over budget with expenditures.

Justice Center Perimeter Fencing

Mr. Purcell advised that he asked Battle Creek City to participate in the expense between the galvanized fencing and the vinyl coated fencing and that today the City Manager indicated that the City shall provide $6,000, with the funds to come from the Downtown Development Association. Mr. Purcell pointed out that the county shall have to come up with an additional $6,000 to purchase the vinyl coated fencing and recommended the $6,000 be taken from the Contingency Fund. Mr. Purcell advised that the Contingency Fund is presently depleted due to the Duck Lake settlement, however, that the Fund shall be replenished later and shall include the $6,000.

Res. 111-2004

“Motion by Comr. Strowbridge, supported by Comr. Segal, adopt the following: Resolved by the Calhoun County Board of Commissioners authorize the County Administrator/Controller to expend an additional $6,000 towards the purchase of vinyl coated perimeter fencing for the Calhoun County Justice Center with the expenditure to be expended from the Contingency Fund.”

Comr. Moore inquired regarding the warranty period. Mr. Purcell responded that he believes the warranty is for 10 years and that he understands that the vinyl coated fencing shall last longer than galvanized fencing.

Vice Chairman Miller stated that he is grateful that the City is contributing towards the fence, and thanked Mr. Purcell for finding the additional $6,000.

Comr. Segal thanked Administration and the Sheriff for working together as she believes the vinyl coated fence vs. galvanized is a good solution.

Roll call vote: Yes - 6 (Comrs. Miller, Moore, Segal, Strowbridge, Frederick and Ivey)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

Juvenile Home Landscaping Update

Mr. Purcell advised that Ms. Woods did something unique over the weekend and has some pictures.

Ms. Woods acknowledged State Representative Wenke for donating the landscaping items, and Commissioners Frederick and Moore, Mr. Purcell, Mr. Cole and family, Sandy and Richard Eis, and Tim and Sue Hauxwell for spending hours planting. Ms. Woods showed pictures and advised that she has received many comments of how good the grounds look.

CITIZENS’ TIME:

Mr. Gardy Berezonsky, Battle Creek resident, addressed the Notice of Intent to Issue Limited Tax General Obligation Capital Improvement Bonds and Right of Referendum published within the newspaper, and inquired regarding the definition of an elector.

Vice Chairman Miller responded that an elector is a registered voter of Calhoun County over the age of 18. Mr. Berezonsky advised that an elector is a property owner.

Atty. Mullett advised that the intent in the notice is that residents of Calhoun County wishing to vote on the millage issue must be registered to vote.

Mr. Berezonsky noted that the notice stated as source of payment of the bonds, “that in the event of the insufficiency of the millage, the bonds would be payable from the general funds of the County, including property taxes levied,” and pointed out that a vote of the people would not be required. Mr. Berezonsky stated that the notice implies to him that the E 9-1-1 Dispatch Center shall be built whether the millage is approved or not.

COMMISSIONERS’ TIME:

Comr. Strowbridge advised that he was approached at a township meeting with the same concern, that the E 9-1-1 Dispatch Center shall be built and operated with general fund monies. Comr. Strowbridge stated that this is not the Board’s intent; further, pointed out that the County’s general fund could not support such.

Comr. Strowbridge reminded everyone of Urbandale’s Homecoming this Saturday.

Comr. Moore announced that June 26 from 11:00 a.m. to 3:00 p.m. is the Annual Bridge Park demonstrations.

Comr. Frederick announced that this Saturday from 10:00 a.m. to 4:00 p.m. is the Tekonsha Bean Festival at Tekonsha High School. Comr. Frederick stated that there shall be a lot of crafts, information booths and good food. Vice Chairman Miller stated that he really enjoyed the Festival last year.

Vice Chairman Miller acknowledged and welcomed Juvenile Home Director Reggie LaGrand.

Mr. Purcell requested General Counsel address the E 9-1-1 Dispatch Center millage notice.

Atty. Mullett advised that when the county bonds out a project it is required by law that the county ensure its full faith and credit. The project will be financed through the millage if approved, however, should something happen and the county could not make the bond payments through the taxes collected, the county must guarantee that the payments will be made through its general fund.

CLAIMS PAYABLE LISTINGS:

Res. 112-2004

“Motion by Comr. Strowbridge, supported by Comr. Frederick, 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 $511,346.00 for the week of June 3, 2004; further, approve payment of the lists of claims against the county in the total amounts of $280,259.16 and $484,223.65 for the week of June 8, 2004.”

Roll call vote: Yes - 6 (Comrs. Moore, Segal, Strowbridge, Frederick, Ivey and Miller)
                     Excused - 1 (Comr. Austin)

Motion CARRIED

RECESS:

The Board recessed at 7:54 p.m. at the call of the Vice Chair.

 

   
 

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