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 Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
June 2, 2005
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:00 p.m., Thursday, June 2, 2005 in the Commissioners'
Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Bolger, Miller, Moore,
Segal, Solis, Strowbridge and Todd.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Personal Prayer was led Comr. Bolger; followed by the
Pledge of Allegiance, led by Comr. Segal.
APPROVAL OF AGENDA:
“Motion by Comr. Segal, supported by Comr. Todd,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the June 2, 2005 agenda, with correction to the
verbiage of Item 12.A. (4) - Resolution Imposing 2005 Summer Property
Tax Levy and Notice of Certification of County Allocated Tax Levy.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Moore, supported by Comr.
Strowbridge, adopt the following: Resolved by the Calhoun County Board
of Commissioners approve the May 5, 2005 minutes as presented.”
Voice Vote: Motion CARRIED
SPECIAL ORDER OF BUSINESS:
Special Tribute to William H. Burgess
Chairman Miller read, and accompanied by Sheriff Byam, presented the
following tribute to William Burgess and his wife.
Res. 82-2005
“Motion by Comr. Bolger, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners approve the
following tribute:
WHEREAS, WILLIAM BURGESS, Lieutenant and Commander
of the Law Enforcement Division, retired effective June 1, 2005 after
Twenty-Eight {28} years of dedicated service to the Calhoun County
Sheriff Department and the citizens of Calhoun County; and
WHEREAS, William Burgess has served the Department
under four administrations during his career and has worked in
Dispatch, Corrections, the Marine Division, and during the past nine
years, in the Law Enforcement Division; further, has been an active
member of the A.L.U.R.T. Dive Team.
William came to work for the Department on March
14, 1977 and held the position of Deputy Sheriff from 1977 through
1992 when he was promoted to Sergeant, and served in that capacity
until his promotion to Lieutenant on November 3, 1995; and
WHEREAS, while being employed full time and raising
four children with his wife Barb, William received his Associate
Degree in 1982 from Kellogg Community College, completed Eastern
Michigan University School of Police Staff and Command in 2001, and
earned his Bachelors Degree in 2003 from Spring Arbor University; and
WHEREAS, William Burgess took advantage of every
opportunity to attend training during his career including: Criminal
Justice Leadership Academy, Community Policing Consortium,
Barricaded/Hostage Initial Response/Tactical Alternatives, Forensic
Science Seminar, Arson Investigation training, Pressure Point Control
Tactics, Latent Print School, Bomb Threat Response training, Firearms
training, and Preliminary Breath Test training; only to mention a few;
and
WHEREAS, William has received numerous
commendations, a few being, Battle Creek Exchange Club Officer of the
Year in 1980, the Michigan State Police Citation for Professional
Excellence in 1981, Battle Creek Exchange Club A.L.U.R.T. Dive Team
Officer of the Year in 1984, Marshall Exchange Club Officer of the
Year in 1986, A.L.U.R.T. Dive Team Member of the Year in 1988, the
Distinguished Service Medal and Certificate of Merit from the Calhoun
County Sheriff Department; further, ten {10} departmental Letters of
Commendation; and
WHEREAS, William Burgess has been recognized by
many organizations for volunteering and for career development
programs, and has received numerous letters of appreciation from
citizens.
NOW, THEREFORE, BE IT RESOLVED, that the Calhoun
County Board of Commissioners offer our thanks to LT. WILLIAM BURGESS
for his many years of dedicated service and wish him a healthy, happy
and a well-deserved retirement.”
Voice Vote: Motion CARRIED
Resolution of Support for Michigan State University Extension in
Calhoun County
Chairman Miller read and presented the following resolution to Rita
Klavinski and members of the M.S.U. Extension staff.
Res. 83-2005
“Motion by Comr. Segal, supported by Comr. Todd,
resolved by the Calhoun County Board of Commissioners approve the
following:
WHEREAS, MSU Extension utilizes the research and
knowledge base of the state’s land grant university to connect the
campus to Calhoun County, providing educational programming to assist
youth, families, businesses and the community; and
WHEREAS, Calhoun County provides $185,616 to help
support MSU Extension programming and this county investment is
coupled with state and federal appropriations, as well as grants,
ensuring that the programming will meet the needs and interests of the
county’s residents; and
WHEREAS, the investment of state funding enables
the Calhoun County MSU Extension Department to annually leverage
$144,000 in grants for program and staff resources from federal,
foundation and public funds; and
WHEREAS, MSU Extension further leverages support by
recruiting, training and mobilizing over 250 volunteers who contribute
to the community by donating their time and talent to over 1,000 youth
members of the 4-H Youth Development Program, and through 4-H, youth
are learning leadership, responsibility, career development and higher
education goals; and
WHEREAS, the Family Nutrition Program teaches
low-income youth and families how to practice healthy behaviors and
consume nutritious diets through in-home and group instruction; and
WHEREAS, MSU Extension provides the most current
research to help the agricultural community deal with environmental
management practices, and land use issues; and
WHEREAS, the state currently provides $28.6 Million
in funding for MSU Extension and reductions of that funding would
severely impact this important educational network, and adequate state
support for MSU Extension is essential for the survival of the
county-state-federal partnership.
NOW, THEREFORE, BE IT RESOLVED, that the Calhoun
County Board of Commissioners support full state funding for MSU
Extension; and
BE IT FURTHER RESOLVED, that this Board conveys to
Governor Jennifer Granholm and the State Legislature that full funding
of MSU Extension will continue programs critical to the agricultural
community, our youth citizens, limited income families and community
members of Calhoun County. Copies of this Resolution will be forwarded
to Senator Mark Schauer, Representative Mike Nofs and Representative
Lorence Wenke.”
Voice Vote: Motion CARRIED
Resolution of Support for YouthBuild Battle Creek Grant Funding
Comr. Segal read and presented the following resolution to Community
Action Board Member Matt Lind.
Res. 84-2005
“Motion by Comr. Moore, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners approve the
following:
WHEREAS, YouthBuild Battle Creek, a program of
Community Action Agency of South Central Michigan, has been working in
our communities to improve the lives of young people between the ages
of 17 and 24 years old; and
WHEREAS, YouthBuild Battle Creek offers
educational, leadership and job readiness skills to assist young
people who reside at the lowest levels of the economic ladder to
advance economically and socially; and
WHEREAS, YouthBuild Battle Creek is in the process
of seeking Housing and Urban Development funding to continue this
effective and important program in our community; and
WHEREAS, YouthBuild Battle Creek will be seeking an
increased amount of funding to allow for increase program services,
including entrepreneurship training and the servicing of more youth.
THEREFORE, BE IT RESOLVED, that the Calhoun County
Board of Commissioners support the federal Housing and Urban
Development YouthBuild grant at an increased level of funding for
YouthBuild Battle Creek; and
BE IT FURTHER RESOLVED, that copies of this
Resolution be forwarded to Senator Levin, Senator Stabenow,
Congressman Schwarz, Governor Granholm, Lt. Governor Cherry, State
Senator Schauer, State Representative Nofs, and State Representative
Wenke.”
Voice Vote: Motion CARRIED
CONSENT AGENDA:
Res. 85-2005
“Motion by Comr. Strowbridge, supported by Comr.
Segal, adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the following June 2, 2005 Consent Agenda as
presented:
- Petitions, Communications, Reports:
| (1) |
Notice of a public
hearing scheduled for May 17, 2005 regarding granting an
Industrial Facilities Exemption Certificate to Hoover Universal,
Inc. received from Battle Creek City. (Received and placed on
file, with a copy remitted to Equalization Director Richard
Gruber) |
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| (2) |
Copy of a
communication remitted to Halloo Farms, LLC received from the
Michigan Department of Agriculture advising that the dairy
facility is now in compliance with manure management and
utilization practices. (Received and placed on file, with a copy
remitted to Environmental Health Director Ted Havens and Drain
Commissioner Blaine Van Sickle) |
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| (3) |
Communication
received from the Department of Health & Human Services advising
that the initial review of Calhoun County’s 2003 Audit Report
meets Federal audit requirements and that no findings have been
identified for formal action by the Department. (Received and
placed on file, with a copy remitted to County
Administrator/Controller Greg Purcell and Finance Director James
Latham) |
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| (4) |
Resolutions received
from Antrim County {1} opposing funding reduction of community
development programs, and {2} expressing gratitude to
Representative William Huizenga for sponsoring House Bill 5657
{Records Media Act}. (Referred to the Legislative Liaisons, with a
copy of {1} remitted to Road Commission Managing Director Dennis
Randolph) |
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| (5) |
Copy of a
communication remitted to Denso Manufacturing Michigan, Inc.
received from the Michigan Department of Environmental Quality
advising that Permit to Install No. 277-04 has been approved and
Permit to Install No. 23-03B has been voided. (Received and placed
on file, with a copy remitted to Equalization Director Richard
Gruber and Environmental Health Director Ted Havens) |
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| (6) |
Copy of a
communication remitted to C & C Expanded Sanitary Landfill
received from the Michigan Department of Environmental Quality
apologizing for an oversight regarding acceptance of solid waste
from St. Joseph County. (Received and placed on file) |
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| (7) |
Notice received from
the Michigan Department of Treasury advising that the real and
personal property components of Industrial Facilities Exemption
Certificate No. 1997-741 for Surfinco Inc. in the City of Albion
has been revoked effective December 30, 2004. (Received and placed
on file, with a copy remitted to Equalization Director Richard
Gruber) |
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| (8) |
Calhoun County
Planning Department 2004 Annual Report |
- Resolutions:
| (1) |
Community Corrections
Advisory Board Appointment |
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{a} |
Robert Coles -- City Law Enforcement
Representative |
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(Replacing Dwayne Hartup) |
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| (2) |
Criminal Justice System
Workshop Appointments |
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(Terms Expire December
31, 2006) |
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{a} |
Judge Allen Garbrecht |
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{b} |
Laraine VanLopik |
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{c} |
Greg Purcell |
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{d} |
Jeffrey Albaugh |
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{e} |
Judge John Holmes |
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{f} |
Michelle Hill |
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{g} |
Trina McGaffigan |
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{h} |
Judge Gary Reed |
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{i} |
Michael Boltz |
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{j} |
Allen Byam |
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{k} |
Marshall Weeks |
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{l} |
John Hallacy |
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{m} |
Matthew Glaser |
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| (3) |
Keyperson Committee
Appointment |
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{a} |
Benjamin Miller -- Term Expires
December 31, 2006 |
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| (4) |
Southwest Michigan Solid
Waste Consortium Appointments |
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(Terms Expire December
31, 2006) |
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{a} |
Terris Todd |
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{b} |
Tiffany Seymour” |
Voice Vote: Motion CARRIED
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Employee Recognition and Relations Committee
Committee Chairperson Segal advised that she will be providing the
birthday luncheon for this month at Palermo Ristorante. Comr. Segal
announced the winner to be Dave Tendziegloski, and wished a happy
birthday to Mr. Tendziegloski, whose birthday is June 21.
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
FY 2004/2005 Amended Health Department Budget and Staffing Plan
Health Officer Heidi Oberlin addressed revenue and
expenditure changes provided in her cover memorandum; and advised that
the Department was able to carry over funds from the Healthy Communities
Access Program, reprogram and continue with the work from year one. Ms.
Oberlin advised that there was state funding reduction to the Hearing
and Vision Screening Program which the Department was able to pretty
much absorb with a staffing change; however that unfortunately, the
reduction did result in decreased services towards the end of the school
year. Ms. Oberlin stated that as the Program goes into the summer the
pre-school screenings will have to be done with only half the staff, and
that the Department still does not know whether the Program will be
preserved after October 1. Ms. Oberlin advised that the Department is
looking at some other sites and shall employ as many techniques as
possible to do more group screenings so as not to compromise the quality
of the Program.
Ms. Oberlin reported that there were some other
funding changes within the Emergency Preparedness Program and a small
change within the Breast and Cervical Cancer Screening Program. Ms.
Oberlin stated that there were some increases, one being within the
W.I.C. Program allowing the Department to allocate the lease for Albion,
pay for renovations and create a couple of part time positions within
the W.I.C. Program. Ms. Oberlin further advised that because of some
increases in the grant funds, the Department was able to adjust the
staffing in the Care Source area.
Res. 86-2005
“Motion by Comr. Segal, supported by Comr. Solis,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the amended FY 2004/2005 Health Department
budget and staffing plan, as recommended by the Board of Health.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Meningococcal Vaccine Fee Increases
Ms. Oberlin advised that the cost of the products
increased from last year. Ms. Oberlin stated that the vaccines are
primarily for college students, and advised that last year Calhoun
County had five cases of bacterial meningitis.
Res. 87-2005
“Motion by Comr. Segal, supported by Comr. Bolger,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve increase in the Menomune vaccine fee from $86.00
per dose to $96.00 per dose, and increase in the Menactra vaccine fee
from $82.00 per dose to $92.00 per dose, as recommended by the Board
of Health.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Calhoun Health Plan Creation and Authorization of
Intergovernmental Funds Transfer
Ms. Oberlin stated that the result is that people
classified as the working poor will have access to health care,
particularly preventive health care.
Res. 88-2005
“Motion by Comr. Solis, supported by Comr.
Strowbridge, resolved by the Calhoun County Board of Commissioners
adopt the following:
WHEREAS, Calhoun County has an objective to assure
access to appropriate levels of health care for Calhoun County
residents; and
WHEREAS, the County has supported the development
of the Calhoun Health Plan Corporation to serve as a vehicle for a
health benefit plan to serve uninsured citizens of Calhoun County; and
WHEREAS, Calhoun County, the State of Michigan and
the Federal Government will contribute to the funding to be made
available to the Calhoun Health Plan Corporation to implement the
health benefit plan, which is likely to include: a) primary care
physician services, b) specialist physician services, c) laboratory
services, d) pharmacy services; and
WHEREAS, the State of Michigan will issue a
Medicaid Policy Bulletin to authorize a special Disproportionate Share
Hospital (DSH) Program to facilitate payments to Calhoun County
hospitals that meet the federal minimum requirements for Medicaid DSH
and have a signed Indigent Care Agreement to purchase managed health
care for indigent patients; and
WHEREAS, the Medicaid Policy Bulletin will
establish that the DSH payments will be funded by local funds supplied
using an intergovernmental transfer, state funds which will not exceed
the estimated level of funds that would have been expended for the
State Medical Program in Calhoun County and Federal matching funds;
and
WHEREAS, the non-profit Calhoun Health Plan
Corporation has been formed with purposes which include promoting,
arranging, and managing an effective system for quality coordinated
health care in a manner which decreases the cost of health care
services to the community at large for persons unable to pay for such
care; and
WHEREAS, the Calhoun Health Plan Corporation is
prepared to contract with Ingham County to secure the resources of the
Nursing Clinic of Battle Creek, Family Health Center, and private
providers to serve persons enrolled in the Calhoun Health Plan; and
WHEREAS, the Health Officer recommends that the
Board of Health and the Board of Commissioners authorize the
intergovernmental transfer of up to $500,000 on an annual basis from
the annual appropriation to the Health Fund.
THEREFORE, BE IT RESOLVED, that the Calhoun County
Board of Commissioners authorizes the County Treasurer and the County
Controller to implement an intergovernmental transfer of up to
$500,000 on an annual basis to the State of Michigan with the purpose
of contributing to a new Disproportionate Share Hospital pool which
will be used to ensure access to medical care for the indigent
population in Calhoun County, said funds to be added to State funds
budgeted for the State Medical Program in Calhoun County and matched
by Federal funds, to be paid to Calhoun County hospitals that have
signed Indigent Care Agreements with the Calhoun Health Plan
Corporation; and
BE IT FURTHER RESOLVED, that the intergovernmental
transfer is authorized once the following conditions are in place:
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The State has issued policy bulletins to direct
State Medical Program benefits in Calhoun County to be provided
through the Calhoun Health Plan Corporation, and to create a
disproportionate share hospital pool for hospitals that meet federal
minimum requirements and have signed Indigent Care Agreements to
purchase managed health care for indigent patients.
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The Calhoun County hospital(s) participating have
signed the Indigent Care Agreement with the Calhoun Health Plan
Corporation.
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The Calhoun Health Plan Corporation has executed an
agreement with the Ingham County Health Department to purchase
administrative support services for the Corporation.
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The Calhoun County Health Plan Corporation has
executed an agreement with the Calhoun County Public Health Department
to facilitate the prompt return of the County funds to be applied for
their original purpose.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Resolution Imposing 2005 Summer Property Tax Levy and Notice of
Certification of County Allocated Tax Levy
Res. 89-2005
“Motion by Comr. Segal, supported by Comr. Todd,
resolved by the Calhoun County Board of Commissioners adopt the
following resolution:
WHEREAS, Calhoun County is authorized under the
General Property Tax Act, Public Act 206 of 1893, as amended, to levy
and collect County allocated property taxes; and
WHEREAS, a public hearing concerning the budget was
held on December 2, 2004; and
WHEREAS, the Calhoun County Board of Commissioners
adopted a Fiscal Year 2005 Appropriation Act on December 16, 2004; and
WHEREAS, the General Property Tax Act has been
amended by Public Act 357 of 2004, being MCL 211.44a, to require all
Michigan Counties to impose a summer tax levy, with the summer tax
levies for 2005 and 2006 to be in the amount of 1/3 and 2/3,
respectively, of the total County allocated tax, with the full amount
of County allocated tax to be levied and collected as a summer tax
levy in 2007.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to
Public Act 357 of 2004, the Calhoun County allocated tax shall be
levied and collected on July 1, 2005, at the rate of 1/3 of the amount
allocated after application of the "Headlee" millage reduction
fraction, or 1.7926 mills; and
BE IT FURTHER RESOLVED, that the Treasurer of each
city, village and township in Calhoun County is directed to account
for and deliver the 1/3 County allocated tax collections for 2005 in
accordance with the provisions of Public Act 357 of 2004; and
BE IT FURTHER RESOLVED, that this Resolution
constitutes certification of the levy of the County allocated tax and
authorized collection of the County allocated tax on July 1, 2005, at
the rate of 1/3 of the amount allocated after application of the "Headlee"
millage reduction fraction, or 1.7926 mills; and
BE IT FINALLY RESOLVED, that the County Clerk shall
deliver a copy of this Resolution by first class mail to the Treasurer
of each city, village and township in Calhoun County.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CDBG Housing Rehabilitation Program Grant Agreement, Authorized
Signature Designation and Certifying Officer Designation
Planning Director Jennifer Bomba introduced Mary Jo
Crumpton, Secretarial Clerk for the Community Development Department,
whom the Commission is requested to authorize to execute and submit the
grant related reports and documents.
Ms. Bomba addressed the time line for the grant and release of funds.
Res. 90-2005
“Motion by Comr. Segal, supported by Comr.
Strowbridge, adopt the following: Resolved by the Calhoun County Board
of Commissioners approve the CDBG Housing Rehabilitation Program Grant
Agreement between the Michigan State Housing Development Authority and
Calhoun County in the amount of $121,900 for the period of April 1,
2005 through March 31, 2007, the Authorized Signature Designation
Form, and the Certifying Officer Form; further, authorize the Board
Chairman to execute said Agreement and accompanying forms on behalf of
Calhoun County.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Haley vs. Norlander Lawsuit Estimated Legal Fees and Costs
County Administrator/Controller Greg Purcell advised
that the Board Chairman and Commissioner Moore requested he do some
review of estimated legal fees and costs for the litigation of Haley
versus Norlander. Mr. Purcell advised that the estimated fees and costs
for Miller, Canfield, Paddock and Stone are $67,750, and the estimated
settlement cost is $30,000 for a total of $97,750.
Mr. Purcell stated that the Clerk specifically
requested he advise the Commission that she has been raising
contributions to cover some the cost, and at this point has raised
$8,000 from the County Clerks Association and the Municipal Clerks
Association. Mr. Purcell pointed out that there also have been in-house
costs of the General Counsel’s time as well, and thanked Atty. Mullett
for taking the initiative to assist in resolving the issue.
Comr. Moore stated that this settlement is
particularly troubling to him, because this Board discussed this case at
great length as far back as the first Board Retreat in March and made at
least two attempts to resolve this issue to no avail. Comr. Moore
questioned what changed from that time to the current date of
settlement, and submitted that nothing changed, that the only ones that
made out in this case were the attorneys. Comr. Moore stated that this
whole sordid mess just irritates him to no end, pointing out that the
Board heard at least two or more times that the lawsuit was all about
doing what was right for the taxpayers; and in the end all the taxpayers
got was a bill.
Comr. Moore further stated that another thing that
disturbs him is that Calhoun County was left holding the bag for the
entire cost of the lawsuit while there were other parties to the suit
that could have been held liable; and that it is interesting to him that
when there was the potential that those others could be enjoined in the
case and their budgets could be potentially tapped, suddenly the log jam
regarding settlement was broken. Comr. Moore pointed out that now the
county will not have almost $100,000 that should have gone to fund other
services.
Comr. Moore thanked Atty. Mullett for her work, and
the Clerk for raising funds to help offset the cost.
Comr. Bolger echoed Commissioner Moore’s frustration.
Comr. Bolger also thanked Atty. Mullett for her work and constant drive
to put the case to bed on behalf of the taxpayers.
Chairman Miller echoed both Commissioners’ comments
and expressed his disappointment that the county taxpayers have been
stuck with the bill. Chairman Miller expressed his appreciation to Atty.
Mullett for all her work on the case.
CITIZENS’ TIME:
Mr. Gardy Berezonsky, Marengo Township resident,
addressed the Board regarding Sheridan Township’s proposed ethanol
plant, advising that the Township has not conducted a public hearing yet
because they have not followed the proper procedure in publishing notice
of their meetings.
COMMISSIONERS’ TIME:
Comr. Segal reminded Board members that next Friday
is the Juvenile Home Golf Outing, and encouraged everyone to attend.
Comr. Segal announced that next Saturday is the
World’s Longest Breakfast Table in downtown Battle Creek and encouraged
everyone to attend.
Comr. Moore wished Veterans Service Officer Jude
Lonergan a happy birthday.
Chairman Miller announced that the Beans and Corn
Bread Celebration is this Saturday at the Upton Avenue Original Church
of God from 2:00 p.m. to 4:00 p.m. Chairman Miller advised that the
N.A.A.C.P. fund raiser is for the Youth Program, and encouraged everyone
to attend.
Chairman Miller also wished Ms. Lonergan a happy
birthday.
Chairman Miller announced that he is selling forget
me nots for $1 each, also purple bracelets of hope on behalf of the
Alzheimers Association.
CLAIMS PAYABLE LISTINGS:
Res. 91-2005
“Motion by Comr. Strowbridge, supported by Comr.
Segal, 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 $1,835,623.67 for the week of May 17, 2005;
further, approve payment of the list of claims against the county in
the total amount of $431,948.56 for the week of May 24, 2005.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ADJOURNMENT:
Res. 92-2005
“Motion by Comr. Segal, supported by Comr.
Strowbridge, adopt the following: Resolved by the Calhoun County Board
of Commissioners adjourn the June 2, 2005 Board of Commissioners
Meeting.”
Voice Vote: Motion CARRIED
The meeting adjourned at 8:10 p.m.
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Several photos included in this 
