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Board of Commissioners MinutesCALHOUN COUNTY PROCEEDINGS OF THE BOARD OF COMMISSIONERS March 17, 2005 The Regular Session of the Calhoun County Board of Commissioners convened at 7:00 p.m., Thursday, March 17, 2005 in the Commissioners' Meeting Room, County Building, Marshall, Michigan. Roll Call: Present: Comrs. Bolger, Moore, Segal, Solis and Todd. Excused: Comrs. Miller and Strowbridge. PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was led by Comr. Solis; followed by Invocation, given by Comr. Todd. APPROVAL OF AGENDA/ADDENDUM:
APPROVAL OF MINUTES:
CITIZENS’ TIME: Ms. Pearl Gray-McWhorter, Battle Creek resident, advised that she paid to get a computer and training and that she never received that training and would like to receive what she was promised. Ms. Gray-McWhorter further advised that Washington Heights Community Ministries is not serving balanced meals and requested that the Board request a menu everyday to determine how the county’s funds are being spent. Ms. Kris Vogel, Springfield City Clerk and President of the Calhoun County Municipal Clerks Association, stated that she is present to express her concerns with the unfortunate circumstances regarding the May 3 election. Ms.Vogel thanked Vice Chairperson Segal for allowing her to speak to her to provide some background information. Ms. Vogel advised that all but one school district in Calhoun County elected to hold their elections annually in May, however, as a result of the consolidated elections legislation, the schools are no longer responsible for administering elections. Ms. Vogel stated that the transition has been far from smooth and has been met with many challenges in Calhoun County which she does not feel has kept the voters in mind. Ms. Vogel read a portion of a resolution adopted by the Calhoun County Municipal Clerks Association at its March 14 meeting which reinforces why the Association believes that it is crucial for the Board to support Clerk Norlander’s appeal of the judge’s ruling of March 16 which went far beyond an Open Meetings Act violation. Ms. Vogel advised that the Association posted meeting notices March 10 in all municipalities to conduct a meeting on March 11 and March 14 for the purpose of discussing the judge’s ruling in relation to election law and conducting the May 3 election in Calhoun County. At those meetings the Association discussed increased costs to in-county and out-county school districts due to the legal action; confusion and frustration to the voters due to re-mapping of all school district precinct boundaries; unknown A.D.A. compliance of school precincts and the ease of voting for elderly voters; elimination of timely receipt of election materials due to the legal action; coding of ballots, election tabulators, printing of ballots in time for absent voter requests, additional costs for public notices due to the length of precinct listings; disenfranchisement of overseas and military voters; timely training of election inspectors; inability to combine district local municipal precincts in same locations to under 5,000 voters due to the injunction; the cost of time to re-map school districts to lawful precincts of under 2,999; the additional costs of local and county municipalities paying vendors in a timely manner and waiting for reimbursement from school districts; and increase in voter apathy due to perceived petty infighting of bureaucrats. Marshall Township Clerk Cindy Sink advised that the Clerks of Calhoun County have individually and as a group explored the choice of municipal vs. school precincts and came to the conclusion that municipal boundaries are the most logical precincts for elections. This was conveyed to Clerk Norlander at the December 21, 2004 meeting. Ms. Sink stated that several points were considered in this decision; i.e., the A.D.A. survey, local municipal precincts are closer to the residents, and voter turnout. Ms. Sink advised that the clerks were required by the state to review and report on whether or not each precinct met A.D.A. standards. If the precinct did not meet the standards, the clerk had to provide a report regarding how and when the precinct would be brought into A.D.A. compliance. Ms. Sink addressed precinct location in proximity to voters, advising that the local clerks have the authority to issue absent voter ballots to anyone over 60 years of age and the authority to have permanent absent voter lists which the school precincts no longer have this option. Ms. Sink stated that local municipalities make voting more accessible and less confusing to the residents. Ms. Sink further advised that municipal clerks strive to increase voter turnout and have had a 32 percent voter turnout for the past 8 years while school precincts have had a 8.6 percent voter turnout during the past 8 years. Ms. Sink commended Lakeview High School for choosing odd-year November elections saving several thousands of dollars for education, for saving municipal monies by not interfering with the use of the municipal precincts, for not forcing the clerks to spend money for sending out voter identification cards twice a year, and for insisting that the state-certified election officials make the decision regarding elections. Emmett Township Clerk Gloria Maichele stated that she is one of the senior clerks of the Calhoun County Municipal Clerks Association, has served as President of the State Clerks Association, President of the Michigan Townships Association, serves on the qualified voters task force, and several other state task forces. Ms. Maichele stated that consolidation of election places is not new, advising that over 20 years ago she attended her first meeting regarding the qualified voter system and consolidation of elections. Ms. Maichele stated that the state has been waiting to go forward with the system until the qualified voter system was established and ready to proceed, which happened a few years ago. The system provides for four elections a year where anyone can choose to participate. Ms. Maichele advised that over 500 school districts in Michigan were represented and they opted for elections in May including most of the school districts in Calhoun County. Ms. Maichele voiced concern as the clerks are fast approaching a May 3 election day and absent voter ballots and identification cards cannot be ordered for mailing out because of the restraining order. Calhoun Intermediate School District (I.S.D.) Superintendent Chris Wigent stated that he agrees that the schools and municipalities need to move forward as elections are coming up. Mr. Wigent advised that Ms. Sink’s statement that Lakeview High School has gone to November elections is not factual. Lakeview High School went to elections every other year in May. Mr. Wigent stated that the legislation clearly give districts a choice of whether to have November elections or May elections and that all of the districts choose to have every year May elections, or in Lakeview, where they chose every other year May elections. Mr. Wigent stated that the school districts may be out of the election business, and do not feel that this should be an issue here; however the schools are still in the business of fiscal responsibility and have an issue when, if forced, which is what the school districts feel happened, to go to political precincts if it would increase the schools’ election costs. Mr. Wigent encouraged people to now accept the court decision made and move forward with the May election, and then have everyone sit down and work the process like it was supposed to be. Mr. Wigent advised that the school districts did not have a say in the process which is what brought the issue to where it stands today. Mr. Wigent further advised that the schools did not intend for this issue to go this far and tried to settle the issue before it went to court, unfortunately that did not occur. Mr. Wigent again encouraged everyone to move on. Bedford Township Clerk Thomas Sprau advised the he has a dilemma with election equipment. Mr. Sprau stated that he has four school districts and a contract with two, however, that he would have to open all four precincts for those two schools and would not have enough equipment to do so. Mr. Sprau advised that the attorney for the school districts mentioned that the Calhoun County Election Commission is comprised of three individuals of which two have said that they were misled by the Calhoun County Clerk. Mr. Sprau stated that he has a problem believing that the Clerk misled the Election Commission, and hopes that the two individuals who have a foggy memory can set aside their differences and help work this issue out. Homer Township Clerk Jennifer Johnson advised that the Clerks and representatives of the schools were at the meeting on January 28, and it was obvious at that meeting that the school districts were not happy with the way that the precincts and polling places were established. Ms. Johnson continued that at that meeting Clerk Norlander advised that if the school districts were not happy to discuss it. Ms. Johnson stated that the agreements were prepared, however, the provisions of the agreements could have been discussed and re-worked, however, nothing was stated during the meeting. Ms. Johnson voiced concern regarding how ballots shall be provided to overseas voters. Ms. Johnson stated that Homer Township is fiscally responsible, however, the Township is flat broke and she does not want to spend a penny more than is necessary, nor does she want the schools to have to spend more than necessary. Ms. Johnson stated that the recommendation made as the group was believed to be the best. Battle Creek Public Schools Chief Financial Officer David Disler stated that he does not wish to debate tonight who is more righteous, as he believes the issue will have to be decided by the courts based upon the facts. Mr. Disler stated that a colleague mentioned that this is an unfortunate incident, to which he disagrees, and believes that it was unavoidable. Mr. Disler advised that there were certainly overtures made to avoid litigation on this matter, however, they were not taken advantage of. Mr. Disler stated that when the Battle Creek Board of Education went on record when it chose May, they also wanted to keep the precincts as close to the school precincts as much as possible by law. Mr. Disler stated that it was his understanding according to the law and his full expectation that the schools were to participate with the County Election Coordinating Committee and the township officials to decide these election matters, and that the biggest disappointment was that at the January 28 meeting there was no discussion regarding what the Board of Education felt was best for the community. The decision was already made by the Calhoun County Election Commission to go to the political precincts, and the Commission provided agreements for the schools to simply sign. Mr. Disler stated that the school districts were cut out of the process and had no input into the Commission’s decision, which is the concern. Pennfield Schools Superintendent Dale Kimble stated that when the law was changed he started educating his Board of Education way in advance, had several discussions regarding what would be best for Pennfield Schools, and chose May 3 of every year for a lot of reasons; i.e., it fits better with the school’s budget year and it gets new school board members on before the new school year. The Board of Education took the option that was available by law. Mr. Kimble advised that the School District never received any communication from anyone prior to the Board of Education making their decision saying please consider the November date as it would be cheaper for the schools. Mr. Kimble stated that had someone communicated with the School District, the Board of Education may have thought differently regarding its vote. Eckford Township Clerk Kimberly Hinkley advised that since October 2004 she received many documents which were sent to the schools and the clerks from Clerk Norlander. Ms. Hinkley stated that when she went to the January 28 meeting she was frustrated to see the attorneys present. Ms. Hinkley stated that the townships were open and trying to help the schools with the transition to make it as easy as possible for the schools, and that if the schools were unhappy, they should have discussed it at that time. Ms. Hinkley advised that only Marshall Public Schools came in to discuss the issue with Clerk Norlander. Ms. Hinkley urged the Board to support the Clerk and all the clerks in resolving the issue whereby the May 3 election can be conducted. Calhoun Intermediate School District Assistant Superintendent Becky Rocho pointed out that the issue is regarding a legal, statutory process, and that all the schools are asking for is that the process be followed. Ms. Rocho stated that the statutory law was not followed and the schools are simply asserting their rights to have the schools included in this process. Marshall City Clerk Gail Budrow-Bradstreet stated that the clerks are to follow the statute in the best interests of the voters, and for the ease of the voters, local precincts are the best choice. Ms. Budrow-Bradstreet stated that she does not know whether the election costs shall increase, however, that all shall be sharing the costs. Ms. Budrow-Bradstreet stated that she believes the Board should support the County Clerk and all the other clerks. Homer Township Supervisor Jim Lingenfelter pointed out that all schools are hurting for finances as people do not have the money and are tired of taxes and all of these elections. Mr. Lingenfelter stated that the Township cannot afford to pay attorney fees. Chief Deputy Clerk of Elections for Calhoun County Teri Loew stated that she would like to address the accusations regarding the County Clerk and the school districts not being heard, or being including in the decision of the Election Commission. Ms. Loew advised that on October 14, 2004 the Clerk held a meeting with the State Bureau of Elections and invited everyone to come to hear regarding the new legislation. Two schools opted not to send a representative. Ms. Loew continued that the representative from the I.S.D. and some of the clerks met in the Clerk’s office and the Clerk made herself available and listened to the school districts and the local clerks. Ms. Loew further advised that everyone was also notified of the January 28 meeting and the purpose of that meeting. Two weeks in advance of the meeting the schools were requested to review the agreements and to discuss them with the local clerks. Ms. Loew continued that both members of the Election Commission fully understood the issue, and both thought using local precincts made sense. The Commission fulfilled their responsibility and set the precincts. Ms. Loew further advised that all of the members of the Commission were notified of the date to review the initial agreements and either make corrections or sign them. Vice Chairperson Segal advised Ms. Loew that her time for citizen comment had expired. Clerk Anne Norlander requested that Ms. Loew be allowed her time to finish comments. Ms. Loew advised that at the January 28 meeting the dialog consisted of three hours of public comments and then the Clerk asked for a resolution. The resolution to approve the agreements was voted upon with no one dissenting. Ms. Loew further advised that the Clerk posted notice of the meeting and fulfilled her duties as coordinator of the Election Commission. CONSENT AGENDA:
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 was negotiated by the Administrative Services Department staff. Administrative Services Director Bradley Wilcox advised that the Potawatomi Resource Conservation and Development Council has been leasing the space on a month by month basis and a new five-year lease has been negotiated.
Health Officer Employment Agreement Amendment Mr. Purcell stated that the amendment extends the length of the agreement through December 31, 2006. Mr. Purcell advised that the Board of Health conducted a positive evaluation of Ms. Oberlin’s work performance and have recommended the following amendment to the agreement for the Board’s approval. Mr. Purcell further advised that the amendment also allows for accrual of Paid Time Off and provides a 2.5 percent salary increase which is consistent with the percentage paid to the other non-union employees.
Student Health Center and Battle Creek Nursing Clinic 2005 Fee Schedule Mr. Purcell advised that the fee schedule is recommended by the Board of Health after conducting a public hearing. Health Department Finance Director Kathleen Ferguson stated that the Department recommends the fee increase for services provided at Battle Creek Central High School and for primary care services provided at the Nursing Clinic. Ms. Ferguson stated that in the past the Student Health Center and the Clinic have only billed for clinical services for which the fees were easily established, however, the Department is now being required by funding sources to establish fees for all of the services performed for the purpose of billing the insurance companies. Ms. Ferguson pointed out that the Department cannot turn clients away for inability to pay, therefore, a sliding fee schedule based on the Federal poverty level has been established.
Family Planning Fee Increases Ms. Ferguson stated that the fee increases are for family planning services provided at the Albion site. Ms. Ferguson advised that the fees are only being increased to cover the costs to acquire the full reimbursement that Medicaid allows. Ms. Ferguson again advised that the Department will not turn clients away that cannot pay, and that the schedule is on a sliding scale.
Laboratory Services Bid Award Mr. Wilcox pointed out that Regional Medical Laboratories, Inc. is not the low bidder, being approximately ten percent higher; however, that the evaluation committee conducted a detailed analysis of the proposals, with price being twenty percent of the criteria, and recommend award to Regional Medical Laboratories. Mr. Wilcox advised that Regional Medical Laboratories provides a courier service to Battle Creek, Marshall and Albion and an after hours drop off. Mr. Wilcox requested approval to enter into a three-year agreement with Regional Medical Laboratories.
FY 2004 Semi-Final Budget Amendments Mr. Purcell advised that there shall be another budget adjustment presented soon. Finance Director James Latham stated that it had been his intent to present the adjustments as the final adjustments for the 2004 budget, however, that there is an item coming regarding the union agreements within the Sheriff Department and retroactive pay. Mr. Latham advised that the adjustments presented accounts for the areas where spending was in excess of the spending amounts or to reflect excess revenues.
February 2005 Financial Statements Mr. Latham reported that the statements reflect the revenues and expenditures for the first two months of 2005. Mr. Latham advised that the budget is ahead of last year’s pace by $3.2 Million, however, pointed out that the major portion of that amount is due to taxpayers paying their property taxes sooner. 2005 Byrne Memorial Justice Assistance Grant Application and Memorandum of Understanding Mr. Purcell advised that the item came with short notice and the requirement that the application be coordinated between the County and the Cities of Battle Creek and Albion. Sheriff Allen Byam thanked Ms. Woods and General Counsel Mullett for assisting in the application process. Sheriff Byam advised that the application in the amount of $122,656 is due by March 31. Sheriff Byam stated that there is no grant match required. Sheriff Byam advised that the Memorandum of Understanding determines how the funding shall be divided; e.g., 50 percent of the funds shall be used to complete the Livescan and Mugshot System and 50 percent will go to the City of Battle Creek. Sheriff Byam further advised that by February 2006 all fingerprint identification must be submitted electronically.
CITIZENS’ TIME: Ms. Gray-McWhorter stated that she is financially impoverished and needs a lift chair. Ms. Gray-McWhorter advised that she went to Life Span last week to inquire regarding a chair and again today and was advised that she would require a prescription and measurements. Ms. Gray-McWhorter stated that the chair costs $1,017 with ten percent off. Ms. Gray-McWhorter stated that she was advised to contact 2-1-1 to ask for assistance, which she did and was advised that they never heard of anyone receiving help to purchase a lift chair and instead offered her a wheelchair. Ms. Gray-McWhorter requested assistance in determining someone that can help her pay for a lift chair. Ms. Sink addressed Ms. Rocho’s statements regarding the statutes not being followed, advising that the statutes were adhered to, that notices of the meetings were posted. Ms. Sink stated that the clerks take the law seriously and never excluded the schools. Ms. Sink advised that numerous meetings were conducted and that the school representatives could have attended some of them. Ms. Sink inquired when the Board goes into closed session whether the Board shall be making any decision regarding whether to take action to appeal the judge’s decision. Vice Chairperson Segal advised Ms. Sink that the Board will not know until the closed session is conducted. Mr. Gardy Berezonsky, Marengo Township resident, recommended that when the Board approves salary increases, to not add the increase to the base salaries. COMMISSIONERS’ TIME: Vice Chairperson Segal advised that Chairman Miller is in Ireland and Commissioner Strowbridge is in Florida. Vice Chairperson Segal wished everyone a happy St. Patrick’s Day. CLAIMS PAYABLE LISTINGS:
CLOSED SESSION:
The Board met in Closed Session commencing at 8:21 p.m. until 9:55 p.m. with General Counsel Nancy Mullett; Clerk-Register Anne Norlander; County Administrator/Controller Greg Purcell; Assistant County Administrator Wendee Woods; Elections Specialist Teri Loew; Attorney Michael Hodges of Miller, Canfield, Paddock and Stone; and Deputy Clerk Mary Lou Barrett present. OPEN SESSION -- ADJOURNMENT:
The meeting adjourned at 9:56 p.m.
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