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Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
January 5, 2006
The Organizational Session of the Calhoun County Board of
Commissioners convened at 7:05 p.m., Thursday, January 5, 2006 in the
Commissioners' Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Bolger, Miller, Moore, Segal (via.
telephone), Solis, Strowbridge and Todd.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Personal Prayer was observed; followed by the Pledge of
Allegiance, led by Comr. Moore.
SPECIAL ORDER OF BUSINESS:
Election of Vice Chairperson
Comr. Solis nominated Comr. Kate Segal. Chairman Miller inquired if
there were any further nominations. No other nominations were offered.
Res. 1-2006
“Motion by Comr. Solis, supported by Comr. Moore, adopt the
following: Resolved by the Calhoun County Board of Commissioners close
nominations for the Office of Vice Chairperson of the Calhoun County
Board of Commissioners for 2006 and unanimously elect Katherine Segal
Vice Chairperson of the Board of Commissioners for 2006.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Adoption on Board Rules
Res. 2-2006
“Motion by Comr. Strowbridge, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners adopt
the 2006 Board Rules as presented.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
APPROVAL OF AGENDA/ADDENDUM:
Res. 3-2006
“Motion by Comr. Strowbridge, supported by Comr. Bolger, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the January 5, 2006 agenda and addendum, as amended, with
deletion of Item 9.B. (1){c} Appointment of James Keefer to the
Metropolitan Planning Commission and Item 12.A. (1) - Union Letters of
Understanding for Defined Benefit Pension Plan Enhancements.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
Res. 4-2006
“Motion by Comr. Strowbridge, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the December 1, 2005 minutes as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. Gardy Berezonsky, Marengo Township resident, inquired whether the
Board’s rules only apply to the Board.
Mr. Berezonsky stated that at the December 15 Board Meeting he
advised that the Sheriff is in violation of the Michigan Constitution as
he took an Oath of Office declaring that his office would be at the
county seat. Mr. Berezonsky stated that this is his second notice of the
violation.
Mr. Berezonsky addressed the County Administrator/Controller’s Office
comprised of three employees, with a salary and fringe benefits budget
of $225,488; an automobile allowance of $10,800, which he presumes is
for two employees; and an employee travel budget of $3,150. Mr.
Berezonsky questioned the accountability of taxpayers’ monies for such
travel as the employees do not have to fill out travel expenditure
vouchers and are automatically issued a monthly check for their travel.
Mr. Berezonsky further questioned the need for the travel with all the
technology available; e.g., conference calling, e-mails. Mr. Berezonsky
stated that he would like to know where those employees are driving and
requested more accountability within the county budget.
CONSENT AGENDA:
Comr. Bolger requested Item B.3. - Medical Examiner Re-appointment be
removed from the Consent Agenda for separate consideration.
Res. 5-2006
“Motion by Comr. Bolger, supported by Comr. Strowbridge, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following January 5, 2006 Consent Agenda, as amended, with
deletion of Item B.(3) - Medical Examiner Re-Appointment for separate
consideration:
- Petitions, Communications, Reports:
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Notice of a public hearing scheduled
for December 20, 2005 regarding granting Industrial Facilities
Exemption Certificates to Kraft Foods North America, 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) |
Resolution received from Ottawa
County opposing House Bill No. 5124 {Access to All Electronic
Records}. (Received and placed on file) |
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| (3) |
Invitation received from the Michigan
Department of Transportation to attend the Marshall Transportation
Service Center’s January 31, 2006 Meeting regarding MDOT’s Five
Year Projects Plan. (Received and placed on file, with a copy
remitted to Road Commission Managing Director Dennis Randolph)
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| (4) |
Resolutions received from St. Joseph
County {1} requesting the Governor and Legislature develop tax
incentives to keep Michigan competitive and to partner in the
County’s vision of a four-lane U.S. 131 highway, and {2}
recommending legislation be adopted requiring the State to pay all
of its approved invoices and obligations in a timely manner.
(Referred to the Legislative Liaisons) |
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| (5) |
Copy of a communication remitted to
Rod Puff, Ceresco resident, received from the Michigan Department
of Agriculture requesting Mr. Puff provide soil tests. (Received
and placed on file, with a copy remitted to Environmental Health
Director Ted Havens, Manure Management Specialist Natalie Rector
and Drain Commissioner Blaine VanSickle) |
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| (6) |
Resolutions received from Gratiot
County {1} opposing any reduction of Cooperative Reimbursement
Program funding, and {2} recommending the State adopt legislation
requiring the State to pay all of its approved invoices and
obligations in a timely manner. (Referred to the Legislative
Liaisons) |
- Resolutions:
| (1) |
Metropolitan Planning
Commission Appointments |
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(Terms Expire December
31, 2008) |
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{a} |
Clarence Millard |
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{b} |
Dian Schubel |
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| (2) |
Solid Waste Management
Planning Advisory Committee Appointments |
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(Terms Expire December
31, 2007) |
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{a} |
Marilyn Hennon - Environmental
Interest Representative |
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{b} |
Arnold Arquette - General Public
Representative |
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{c} |
John Bomba - General Public
Representative |
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{d} |
Lewis Cooper - General Public
Representative |
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{e} |
Michael Myszka - Industrial Waste
Generator Representative |
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{f} |
Steve Essling - Solid Waste Industry
Representative |
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{g} |
Eugene Klisiak - Solid Waste Industry
Representative |
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{h} |
John Laforge - Solid Waste Industry
Representative |
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Voice Vote: Motion CARRIED
Calhoun County Medical Examiner Re-appointment
Comr. Bolger questioned the re-appointment. County
Administrator/Controller Greg Purcell stated that there had been some
issues last year regarding liability insurance, and advised that the
county can include the doctor under the county’s liability insurance
coverage with the Michigan Municipal Risk Management Authority. Mr.
Purcell advised that he has requested Corporate Counsel prepare the new
Medical Examiner Services Agreement for the January 19 Board Meeting.
Mr. Purcell recommended the re-appointment be approved contingent upon
the Board’s approval of the new agreement with Dr. Ismailoglu.
Comr. Bolger inquired whether the re-appointment can be rescinded if
the new agreement is not approved. Mr. Purcell responded Yes.
Comr. Strowbridge inquired whether the county went through the bid
process for the services previously. Mr. Purcell responded no, and
advised that the doctor has been in the position for more than five
years. Comr. Strowbridge inquired whether the county advertised for
someone when the appointment and agreement expired. Mr. Purcell
responded no, and advised that he has received no contact from doctors
interested in the Medical Examiner appointment.
Res. 6-2006
“Motion by Comr. Bolger, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners
re-appoint Dr. Mehmet B. Ismailoglu with term to expire December 31,
2009, contingent upon approval of the Medical Examiner Services
Agreement at the January 19, 2006 Board of Commissioners Meeting.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Calhoun County Youth Council
Comr. Segal reported that the Council has entered into a partnership
with the veterans facility in Battle Creek and did some caroling for the
veterans. The Council is looking for more projects to do in the Spring.
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
Adoption of New County Policy No. 231 - Social Security Number
Privacy
Mr. Purcell stated that the policy is required to comply with the
Michigan Social Security Number Privacy Act.
Human Resource Coordinator Jennifer Bucienski advised that in March
of last year the Michigan Legislature adopted the Act to protect
individuals social security numbers.
Res. 7-2006
“Motion by Comr. Bolger, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners adopt
new County Policy No. 231 - Social Security Number Privacy Policy.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Community Emergency Response Training Grant Agreement
Mr. Purcell advised that the grant is in the amount of $248,230.02.
Emergency Management Coordinator Larry Utterback advised that the
grant is to provide training to first responders in the county. Mr.
Utterback further advised that there has been an on-going Community
Emergency Response Training Program and that some good goals have been
established. Mr. Utterback stated that through the assistance of Mr.
Wilcox, some of the equipment expenditures were reduced and the state
will allow the county to purchase some additional items with the
savings.
Res. 8-2006
“Motion by Comr. Solis, supported by Comr. Bolger, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Agreement between Calhoun County and the Michigan State
Police Emergency Management Division for community emergency response
training funding in the amount of $248,230.02; further, authorize the
Board Chairman to execute said Agreement on behalf of Calhoun County.”
Comr. Moore voiced concern regarding the cost of the backpacks and
contents at $228 each, pointing out that the same exact backpacks with
contents can be purchased for $57 each. Comr. Moore advised that he
contacted Mr. Utterback requesting an explaination and was advised that
the state requires that the backpacks be American made. Comr. Moore
addressed the state’s requirement, stating that he believes the
requirement is a grievous waste of taxpayers’ funds.
Mr. Utterback concurred and advised Commissioner Moore that he
contacted that state to advise that those backpacks could be provided by
the State Police and is awaiting a response which he shall forward to
him.
Comr. Bolger inquired how individuals have been advised of the
training program. Mr. Utterback responded that there were a number of
public services announcements on the radio stations prior to the end of
the last year, also distribution of brochures.
Comr. Todd suggested Mr. Utterback contact Pastor Hess to get an
announcement on the WFRN Gospel station.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Equalization Director Appointment
Mr. Purcell introduced David Lee, and advised that upon completion of
the interview process the selection committee recommends the appointment
of Mr. Lee.
Mr. Lee advised that he is currently working for the State Tax
Commission and has been employed by the Commission for 5 ½ years. Mr.
Lee continued that prior to working with the Tax Commission he was the
City Assessor for Portage for 5 years, and prior to that had been a
property appraiser for the Kalamazoo City Assessor’s Office.
Mr. Purcell advised that Mr. Lee can commence work on January 30. Mr.
Purcell thanked Ms. Cortright for her efforts. Mr. Purcell stated that
the believes Mr. Lee will be an excellent asset to the Department.
Res. 9-2006
“Motion by Comr. Moore, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners
appoint David C. Lee Equalization Director for Calhoun County.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CITIZENS’ TIME:
Mr. Berezonsky again addressed the travel allowances provided to the
County Administrator/Controller’s Office; pointing out that if it is
permissible for Comr. Segal to sit home and conduct Board business, he
believes that Mr. Purcell could conduct business via other ways rather
than driving all over the place.
Battle Creek City Assessor Judy Mudge thanked the Board for hiring a
full-time Equalization Director to provide some guidance to the local
assessors. Ms. Mudge stated that she looks forward to working with Mr.
Lee.
COMMISSIONERS’ TIME:
Comr. Strowbridge stated that he is befuddled with what “went down”
tonight and believes that the Board set a bad precedent by allowing any
member of the Board to conduct county Board business without being
present. Comr. Strowbridge stated that he does not believe
telecommunication should be considered as being present.
Comr. Strowbridge inquired whether it is permissible for the Board
Chairman to participate in Board business from his home, whether he can
conduct Board business while on vacation in Florida, or whether any
Board Member could simply stay home for all the Board meetings and
conduct the county’s business over the telephone. Comr. Strowbridge
again stated that he believes allowing a Commissioner to conduct Board
business over the telephone is a bad precedent.
Comr. Moore echoed Commissioner Strowbridge’s concern; further,
pointed out that previously another Board Member could have done the
same during his absence, however, was not afforded that opportunity.
Comr. Moore stated that he believes the Board should have a legal ruling
regarding what is considered present.
Comr. Moore expressed his sorrow for the passing of Angela Wiseley,
stating that she will be missed by hundreds of people for all the work
she did. Comr. Moore requested everyone pray for her husband and young
children.
Comr. Solis requested Corporate Counsel provide clarification of her
ruling allowing Commissioner Segal the option of conducting Board
business via teleconferencing.
Interim Corporate Counsel Nancy Mullett responded that the opinion
allowing for the teleconferencing vote is based upon the Open Meetings
Act which allows for vote by telecommunications provided the vote can be
heard by the public. Ms. Mullett pointed out that the Board’s Rules do
not prohibit such. Ms. Mullett offered to address the issue in a formal
opinion whereby the Board can base its decision and address the issue
within the Board Rules.
Comr. Solis stated that he does not understand the problem that it
poses as it was not as if Commissioner Segal did not have a significant
event in her life that prohibited her attendance. Comr. Solis pointed
out that Commissioner Segal arrived home with her child only two hours
ago, and he believes it is appropriate for her to participate in the
meeting via telecommunications.
Comr. Segal stated that Commissioner Solis is correct, that she was
just discharged from the hospital two hours ago after giving birth to a
lovely baby girl. Comr. Segal thanked her fellow colleagues for allowing
her to join them by phone whereby she could represent her constituents.
Comr. Strowbridge stated that his comments regarding present, or not
present was in no way directed at Commissioner Segal, however, that his
concern is the precedent that it set. Comr. Strowbridge recommended the
issue be addressed in the Board Rules whereby present means physically
present.
Comr. Moore requested Corporate Counsel provide a formal legal
opinion regarding the issue of present versus physical presence.
Comr. Bolger stated that he hopes that the Board shall address this
issue. Comr. Bolger stated that he has not been happy with how the Board
has been operating during the past year, and advised that his vote for
Commissioner Segal as Vice Chairperson was in an effort for the Board to
work together. Comr. Bolger stated that the county needs good government
which includes cooperation, and that he hopes this year will be a new
year of cooperation and compromise.
Chairman Miller requested Corporate Counsel address the issue
regarding county offices being required to be located at the county
seat.
Ms. Mullett stated that this is an issue that has been raised since
the time when the Justice Center was built. Ms. Mullett advised that
state law cases do allow for the Sheriff to conduct business at the
Justice Center because he also has an office in Marshall in the Road
Patrol Division. Ms. Mullett advised that she shall update that opinion
and provide it at the next Board meeting.
Comr. Bolger congratulated Commissioner Segal upon her appointment as
Board Vice Chairperson and upon the birth of her daughter.
Comr. Bolger stated that Angela Wiseley was passionate, caring, and
persistent in her efforts for the seniors of Calhoun County. Comr.
Bolger advised that when he learned of the loss he spoke with former
Commissioners who stated that it is incumbent upon this Board to share
just how special Angela was.
Chairman Miller congratulated Commissioner Segal on the birth of her
daughter Elise Mae, who weighs 7 pounds 9 ounces and is 19.5 inches
long.
Comr. Moore advised that he learned of Angela Wiseley’s passing when
a reporter contacted him for his comments, and he was speechless for a
moment. Comr. Moore stated that everyone has said wonderful things about
her. Comr. Moore stated that Angela shall be greatly missed, and advised
that his thoughts and prayers are with her family.
CLAIMS PAYABLE LISTINGS:
Res. 10-2006
“Motion by Comr. Solis, supported by Comr. Bolger, 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 $804,486.28 for the week of December 15, 2005; further,
approve payment of the list of claims against the county in the total
amount of $659,856.02 for the week of December 21, 2005.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
RECESS:
The meeting recessed at 8:04 p.m at the call of the Chair.
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