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Board of Commissioners MinutesCALHOUN COUNTY PROCEEDINGS OF THE BOARD OF COMMISSIONERS September 7, 2006 The Regular Session of the Calhoun County Board of Commissioners convened at 7:02 p.m., Thursday, September 7, 2006 in the Commissioners' Meeting Room, County Building, Marshall, Michigan. Roll Call: Present: Comrs. Bolger, Moore, Segal, Solis, Strowbridge and Todd. Excused: Comr. Miller. INVOCATION AND PLEDGE OF ALLEGIANCE: A Moment of Personal Prayer was observed; followed by the Pledge of Allegiance, led by Comr. Bolger. APPROVAL OF AGENDA:
APPROVAL OF MINUTES:
CITIZENS’ TIME: Ms. Cindy Thomas, Fredonia Township resident, requested the Board reject the Lyon Lake level special assessment roll as proposed, and send it back to the Drain Commissioner to be re-determined, and then presented to Corporation Counsel for review. Ms. Thomas advised that she is not opposed to the project; however is opposed to who shall have to pay for it, pointing out that everyone that shall be benefitting from the project is not being charged the special assessment; e.g., the people with deeded legal access to the Lake. Mr. Gardy Berezonsky, Marengo Township resident, advised that a couple of weeks ago he went to the Justice Center and it is a disgrace with cigarette butts out front, cement deteriorating off the walls and peeling paint. Mr. Berezonsky requested that Corporation Counsel determine whether there is a conflict of interest by Chester Travis being a Marshall City Commissioner and also a Road Commissioner. Mr. Gerald Diver, Lyon Lake Association President, stated that the Association believes the special assessment roll should “stand” as presented. Mr. Diver advised that there is no public access on the Lake and that those with deeded access cannot go out on the Lake with a boat unless they receive permission. Mr. Dan Livingston, Fredonia Township resident, advised that he supports Cindy Thomas’ request that the special assessment roll be rejected. Mr. Livingston questioned why the Drain Commissioner is operating in secrecy, advising that the Drain Commissioner advised him that those assessed can pay the assessment off early and pay less if the check is made out to the Drain Commissioner; however that if the check is made out to the township, the assessment is the same as listed on the roll. Mr. Livingston advised that he is in favor of the project, but expects a paid servant of the county to act appropriately. Ms. Nancy Stulberg, Fredonia Township resident, urged the Board to approve the Lyon Lake level special assessment roll whereby there is no further delay of the project. Ms. Stulberg advised that she is the Lyon Lake Association Secretary and that the Association unanimously voted not to include those people in the cul-de-sac for assessment. Ms. Stulberg stated that Mr. Van Sickle was very forthright with the Association. SPECIAL ORDER OF BUSINESS: “National Alcohol and Drug Addiction Recovery Month” Proclamation
“National Alcohol and Drug Addiction Recovery Month”
Truth In Taxation Public Hearing and Resolution to Levy
Vice Chairperson Segal declared the Truth In Taxation Public Hearing open for public comment at 7:17 p.m. County Administrator/Controller Greg Purcell advised that Commissioner Moore notified him that WBCK addressed the proposed millage rate on its program as a millage increase, which is not correct. Mr. Purcell advised that he requested Mr. Lee provide a Truth In Taxation explanation. Equalization Director David Lee advised that the county has an authorized millage rate of 6.0258 mills. The tax base upon which millage rates are levied typically increases from one year to the next due to property value appreciation, new construction, etc. and as a result the county will often receive increased revenues from property taxes over the prior year levying the same millage rate that was levied in the prior year. Mr. Lee stated that a statute was enacted in the 1980's which calls for a base tax rate hearing if the county is to levy the maximum authorized mills and provides for a Truth-In-Taxation notice to be published to conduct the hearing. Mr. Lee advised that the county’s maximum authorized millage rate of 6.3713 mills does not represent an increase in the county’s millage rate over 2005 and is the same rate that was levied in 2005 and 2004, and is less than the rate levied in 2003. Mr. Lee stated that the individual property owner, unless ownership transferred in 2005 or there was a physical change made to the property in 2005, will see the same property tax as last year, plus the inflation amount of 3.3 percent. Comr. Moore stated that the Truth In Taxation Hearing is conducted on an annual basis and that the county must by law notice the public hearing in accordance with the statute requirements which determines what must be stated within the notice. Comr. Moore advised that for the county to increase property taxes, the voters would have to vote for an increase. Ms. Beverly Shafer, Newton Township resident, inquired whether any money has been budgeted for the Road Commission. Mr. Purcell responded that the county budget is in a deficit, and there are no additional funds to share with the Road Commission for roads. Mr. Purcell stated that some counties provide money for the Road Commission, however, pointed out that Kalamazoo and Jackson Counties do not fund their Road Commissions either. Ms. Shafer stated the many of Calhoun County’s neighboring counties do fund their Road Commissions. Ms. Shafer inquired how funding can be provided for the Road Commission. Mr. Purcell responded that the Road Commission could request funding during the budget sessions, however, that it would be his recommendation that the county not provide the Road Commission funding. Mr. Purcell stated that the townships could provide funds for the Road Commission. Ms. Shafer inquired when the county quit funding the Road Commission. Mr. Purcell responded that it has been quite a number of years, if ever. Mr. Purcell offered to research the issue if Ms. Shafer would like to leave her name and address. Vice Chairperson Segal declared the public hearing closed at 7:28 p.m.
CONSENT AGENDA:
PETITIONS AND NEW BUSINESS: County Administrator/Controller’s Report Friend of the Court FY 2006-2007 Cooperative Reimbursement Program Grant Agreement Mr. Purcell advised that grant is in the amount of $2,805,745. Assistant Court Administrator Thomas Whitesell stated that the funding is used for the collection and enforcement of child support orders in domestic relations cases. Mr. Whitesell advised that the grant provides for two-thirds federal funding of Title IV-D required services and that the remaining one-third of non IV-D services is paid for through a combination of federal and state collection incentives, statutory fees and the county General Fund. Mr. Whitesell advised that the agreement does not commit any local funds at this time. Mr. Whitesell advised that in addition to the enforcement activities funded, the Court has requested additional funding of $138,600 for an agreement with the Sheriff Department to clear up the bench warrants, however, that the Court has not been able to find a funding source for the agreement yet. Mr. Whitesell continued that the Federal Budget Reduction Act shall likely result in funding changes for 2008 and the Court will not know that impact until May of 2007. The Court suspects that if the Federal Government decreases the funding, the State will come up with additional funding.
Senior Millage Mid-Year Funding Re-Allocations Mr. Purcell advised that the Senior Millage Allocation Committee recommends re-allocation of $83,000 of funding turned back in from vendors that were unable to spend all their funding. Senior Services Manager Christine Schauer advised that a couple of the vendors were underspending and turned back a portion of their funds; i.e., the Family Health Center from their dental services agreement due to restoration of Medicaid funding for adult dental services and the loss of one their dentists, and Guardian Advocacy & Financial Services because Guardian received more funds than expected from the Burnham Brook-Area on Aging, Region III B. Ms. Schauer advised that she remitted a letter to all the current vendors to give them the opportunity to apply for additional funds for the services they currently provide. The Senior Millage Allocation Committee recommends Legal Services of South Central Michigan, who requested $10,000, receive $9,120; that Senior Health Partners, who requested $2,864, be granted $2,700; that Burnham Brook-Area Agency on Aging, Region III B receive $5,00 for transportation services and $27,180 for case management; and that the Community Action Agency of South Central Michigan receive $29,500 for minor home repairs and $9,500 for home delivered meals. Ms. Schauer pointed out that the two services that received full funding were in the top three services most requested by seniors.
Comr. Bolger stated that he was happy to see that the Committee constantly evaluates the services and that key priorities received the funding. Comr. Strowbridge advised that there was an article in the newspaper regarding the Burnham Brook Center, and inquired whether the Center has approached the county for senior services funding. Ms. Schauer responded that she has had limited discussion with the Director; however the Senior Services Department received a small proposal for senior outreach funding, and there was a late submission from the Center which she has not seen yet, however, it is her understanding that it is to take some of their programs “on the road,” not to fund the facility.
Lyon Lake Level Special Assessment Roll Mr. Purcell advised that the Drain Commissioner could not attend the meeting tonight, however, has been working closely with Corporation Counsel. Corporation Counsel Nancy Mullett stated that the Drain Commissioner is the county’s delegated authority in determining and maintaining proper lake levels. The Drain Commissioner developed the roll, held a public hearing and is presenting the assessment roll for the Board’s approval. Comr. Solis inquired whether there is an appeal process should the Board approve the assessment roll. Ms. Mullett responded that a property owner that feels they are aggrieved has 15 days to appeal to the Circuit Court in Calhoun County. Comr. Bolger asked Corporation Counsel if she reviewed the assessment roll and whether the current parcels were used in determining the assessments. Ms. Mullett responded Yes. Comr. Bolger inquired whether the Drain Commissioner noticed the affected homeowners of the public hearing. Ms. Mullett responded Yes. Comr. Strowbridge inquired regarding the length of the assessment. Ms. Mullett responded “Ten years.” Comr. Strowbridge requested the term of the assessment be stated within the resolution. Comr. Bolger advised that he shall speak with the Drain Commissioner regarding the early payment option whereby property owners know how to avail themselves of that option if it exists. Comr. Bolger stated that he is comfortable with the assessment district and believes that a homeowner with lake front property is more impacted by the lake level; further pointed out that if the assessment roll is not approved tonight, it shall cause more project delays and more expense assessed upon the property owners. Comr. Bolger advised that he shall support approval of the special assessment roll, with the request that the Drain Commissioner communicate the early payment option. Ms. Mullett advised that there is no early payment option provided for within the statute; therefore, that she does not believe any language regarding an early payment option should be stated within the resolution.
Secondary Road Patrol and Traffic Accident Prevention Grant Application Mr. Purcell advised that the application is in the amount of $243,076. Sheriff Allen Byam stated that the grant monies allow the Department to fund three full time road patrol officers.
Comr. Strowbridge inquired whether the amount of the grant has decreased. Sheriff Byam responded that the funding increased a little this time, however, has been decreasing over the years.
Juvenile Legal Representation Services Bid Awards Mr. Purcell advised that the request for qualifications (R.F.Q.) process shall result in a significant savings over the years. Administrative Services Director Bradley Wilcox stated that this service has been provided without an agreement for a number of years, however, it was difficult to budget and has run over budget for the last three years. Mr. Wilcox advised that the Purchasing Division issued R.F.Q.s to 155 area attorneys and the local Bar Association and received 21 responses for a total of 2,300 appointments. The County and the Court recommend offering 1,200 appointments. Mr. Wilcox continued that the Purchasing Division and the Court reviewed the proposals and the Court recommends a total of 12 agreements which include 10 individual attorneys and two associations of attorneys, and the continuation of the roster style of appointments whereby each attorney or group would receive a number of appointments relative to the ratio of the number of appointments requested to the total number of appointments accepted by the Court. Mr. Wilcox advised that acceptance of the recommendation shall result in an estimated savings of $462,000 over the three year agreement. Comr. Moore inquired whether there were any unresponsive bids. Mr. Wilcox responded No. Family Court Administrator Michael Boltz advised that Judges Reed and Garbrecht developed a matrix to evaluate the proposals and each Judge separately scored the R.F.Q.s, then provided their input regarding the attorneys’ experience, sought input from the five referees regarding the attorneys’ experience, and then came up with an average score to determine their recommendation. Mr. Boltz continued that the process commenced in January or February when the Judges met with all the attorneys to present their proposal, which the attorneys rejected. The Judges presented a second proposal which was also rejected, at which time Mr. Wilcox developed the R.F.Q.s. Comr. Solis stated that he agrees with all of the attorneys/associations recommended for bid award; however that when he looks at some of the attorneys/associations that received zero appointments, he cannot understand the reason. Comr. Solis inquired whether the matrix shall be available to the attorneys/associations that received no appointments. Mr. Boltz responded that he cannot say as he has not seen the matrix. Comr. Solis stated that the matrix should be made available to those who lost the contracts.
Industrial Facilities Exemption Certificate Applications Discussion Mr. Purcell advised that on the Consent Agenda there are industrial facilities exemption certificates proposed for Advanced Plastic Manufacturing and Prairie Farms Dairy totaling $12,921. COMMISSIONERS’ TIME: Comr. Moore invited everyone to attend Newton Township Fire Department’s 50th Anniversary Open House on Sunday from 2:00 p.m. to 5:00 p.m. Comr. Solis invited the public to the Festival of the Forks the weekend of September 16th through the 18th. Comr. Bolger invited everyone to the Historic Homes Tour in Marshall. CLAIMS PAYABLE LISTINGS:
RECESS: The meeting recessed at 8:16 p.m. at the call of the Vice Chairperson.
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