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Board of Commissioners MinutesCALHOUN COUNTY PROCEEDINGS OF THE BOARD OF COMMISSIONERS September 20, 2007 The Regular Session of the Calhoun County Board of Commissioners convened at 7:02 p.m., Thursday, September 20, 2007 in the Albion City Council Chambers, Albion City Hall, 112 West Cass Street, Albion, Michigan. Roll Call: Present: Comrs. Arnquist, Bolger, Rae, Segal, Solis and Todd. Temporarily Excused: Comr. Moore (Arrived at 7:08 p.m.) INVOCATION AND PLEDGE OF ALLEGIANCE: A Moment of Silent Prayer was observed; followed by the Pledge of Allegiance, led by Comr. Todd. APPROVAL OF AGENDA/ADDENDUM:
CITIZENS’ TIME: Albion middle school students thanked the Board for approving the smoking regulation. Environmental Health Sanitarian Bob Overley read a statement from I.U.O.E. Business Agent Jennifer Trudeau addressing the FY 2007-2008 Health Department budget and proposed layoff of a 24 year employee, citing that the Union has a serious problem with laying off a 24 year employee who is one of the least paid employees. Mr. Overley stated that the Health Department cannot continue to operate with a skeleton crew, and pointed out that over the last several years the other departments have had few layoffs. Mr. Overley stated that he believes the county is on the edge of a health crisis, pointing out that bed bugs are back, lice, e-coli. Mr. Overley advised that in 2005 there were 14 positive cases of tuberculosis, in 2006 – 119 cases. Mr. Overley stated that without proper follow-up and oversight, the number of cases will mushroom; further, pointed out that the low income population is increasing and the Health Department is the first line of defense. Mr. Overley addressed the county’s appropriation to the Department, pointing out that for the past 17 years the county has provided the minimum maintenance of effort, and stated that he believes the county can do better than the minimum. Mr. Overley requested the Board fund the Department at the 2006 level or consider other options rather than eliminating a 24 year employee. Ms. Ashley Gradwell advised that it is her mother who is being laid off. Ms. Gradwell stated that her mother is a single parent raising two girls, and she does not feel that the layoff is fair. Health Department Program Clerk Carol Gradwell advised that she is the employee intended to be laid off. Ms. Gradwell stated that to balance the budget, the Department needs to start at the top in making cuts, not the bottom. Ms. Gradwell advised that when she started working in the Department there was one financial person, now there are three. ELECTED/APPOINTED COUNTY OFFICIALS’ COMMENTS: Property Forfeiture Foreclosure Report Treasurer Ann Petredean reported that there were 119 foreclosures for 2007, of which 28 properties were placed in the Land Bank; e.g., 8 houses, 1 factory and 19 vacant properties. Ms. Petredean advised that 33 properties were sold at the first auction, and the second auction shall be held on November 8. The minimum bid is $50, and on-line bidding is available on November 2. Ms. Petredean stated that there are 15 houses, 23 vacant properties and 1 school for sale. Ms. Petredean further reported that the Environmental Protection Agency (E.P.A.) has been working at Harvard Industries for two weeks. The E.P.A. is planning on the clean-up to cost between $1.2 and $1.5 Million. Ms. Petredean advised that the Office also discussed asbestos clean-up work required at the Dalrymple School with the E.P.A., and the E.P.A. will be taking that asbestos out as well as clean-up a body shop that the Office has. Ms. Petredean continued that the Office is still mowing lawns, however, that 19 vacant lots were given to the neighbors to maintain. Ms. Petredean advised that staff is back on the road again on the east side in Albion and shall work toward Marshall and Battle Creek. SPECIAL ORDER OF BUSINESS: Special Tribute to Robert Pedersen Comr. Moore read, and Chairwoman Segal presented the following tribute to Mr. Pedersen.
Mr. Pedersen thanked the Board for the tribute, stating that it means a lot to him to be recognized by his community. FY 2006 Department of Human Services Annual Report Department of Human Services Director Gwain McCree reported that during 2006 the Department had an overall 11 percent increase of expenditures and an increase in the number of children coming into the system. Mr. McCree addressed the following increases: Family Independence Program - 9 percent increase with expenditures of $7,841,231; Food Assistance Program - 14 percent; Low Income Energy Assistance Programs - 97 percent; Out of Home Foster and Delinquency Placements - 10 percent; and Purchase of Service Contacts - 20 percent. Mr. McCree advised that the increase within the Low Income Energy Assistance Programs is due to policy change which included categorical eligibility if the recipient receives food assistance, rather than review of income; further, that the increase within Purchase of Service Contracts is due to the addition of two contracts in Battle Creek and Albion for the Before and After School Programs and the Family First Program. Mr. McCree addressed program decreases; e.g., State Emergency Relief - 4 percent, Child Day Care Services - .03 percent, and salaries and wages - 1 percent. Mr. McCree advised that total expenditures were $58,927,000 and that caseloads increased by 50 percent. Mr. McCree pointed out that 17.5 percent of Michigan’s population receives Department of Human Services assistance. Comr. Moore inquired what provisions the Department has in place should the state government shut down. Mr. McCree responded that there is a plan, which has not been filed; however, that he believes the Department would have to provide the mandated services. Mr. McCree speculated that if funding was disrupted that he does not believe there would be any cuts to the programs in place; however, payment staff would not be available for a period of time. CONSENT AGENDA:
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS: Solid Waste Management Planning Advisory Committee Committee Member Todd reported that Monday night the Committee was successful, by an 8 to 3 vote, in amending the solid waste budget to provide the funding to allow the Community Compost Center to remain open for all county residents for the remainder of this year. Comr. Todd thanked Committee members for their work. Comr. Todd stated that he believes the Committee requires more direction regarding priorities, and he would like the Solid Waste Planning Workshop to set those priorities. Comr. Bolger thanked Commissioner Todd and the Committee for making the decision to fund the Community Compost Center. Comr. Bolger stated that he believes the Center is an important service and hopes that the service shall be provided next year. Comr. Moore concurred. Calhoun County Agricultural Preservation Board Board Member Moore presented a copy of the Board’s new brochure, “What’s it Worth,” printed in cooperation with Michigan State University Extension and Farm Bureau. Comr. Moore invited Commission members to attend the upcoming Annual Land Use Tour on October 5 which this year shall be in conjunction with the Albion Corn Harvest. Comr. Moore advised that the tour is of Harrison’s Orchard and then there shall be dinner and a short program regarding farmland preservation. Comr. Moore advised that at the next Board meeting he shall be bringing information regarding the first farm that the Board is considering. Comr. Moore stated that the Commission shall have the final say regarding the purchase of property. Comr. Moore further advised that there is a meeting tonight with the farmer. Emergency Telephone District Board Board Member Bolger reported that the surcharge legislation in Lansing has stalled and the deadline has passed. Comr. Bolger advised that the September 13 Special Session was cancelled, and that at this time he does not know where the legislation is at. Area Agency on Aging Advisory Committee Committee Member Segal reported that the Area Agency on Aging is getting a six-month extension from the state to continue assisting seniors and the Burnham Brook Center is working towards separating itself from the Agency and getting their finances in order. Chairwoman Segal stated that the Agency is still going forward and will advocate to make sure the funding continues. PETITIONS AND NEW BUSINESS: County Administrator/Controller’s Report FY 2007-2008 Secondary Road Patrol Grant Application County Administrator/Controller Greg Purcell advised regarding the E 9-1-1 surcharge legislation, that one thing that has changed from the previously proposed legislation is that the surcharge collections shall be paid directly to the state rather than the counties which is a major jeopardy to E 9-1-1 services because if the state decides that at anytime it requires more money, the state can just take those funds. Sheriff Allen Byam advised that this is the 30th year for receipt of the Secondary Road Patrol Grant, and requested the Board authorize the Office of the Sheriff to submit the application in the amount of $216,726. Sheriff Byam stated that no match is required. Sheriff Byam stated regarding the proposed E 9-1-1 funding legislation, that the Emergency Telephone District Board thought the issue important enough to provide a recommendation to the Board of Commissioners in preparation for the September 13 Special Session which would have provided a reduction to citizens telephone bills. The approach the Board was proposing was thought to be a good starting point and prior to April the Board could have come back before the Commission with more projections. Sheriff Byam stated that the county is in dire jeopardy of losing the E 9-1-1 funding and encouraged Commission members to speak to their legislators and senators.
Chairwoman Segal noted the number of deputies listed upon the application and inquired whether the number has increased. Sheriff Byam responded no, advising that the number may be a typographical error, pointing out that Page 13 of the application provides for 2.5 positions.
Department of Human Services Office Space Lease Agreement Mr. Purcell advised that the lease is with the state for the Department of Human Services office space within the Toeller Building. Administrative Services Director Bradley Wilcox advised that the lease is for ten years with two five year renewals and provides for rent of $15.32 per square foot with an annual increase of 2 percent. Mr. Wilcox stated that the lease terms require the county to provide building improvements which include the replacement of flooring, walls, ceiling, office lighting, restrooms, roofing and the security system. Mr. Wilcox advised that as a result of the execution of the month-to-month rental agreement in August, the state contributed $150,000 to offset the costs of the building improvements. The balance of the improvement costs, which are estimated at $350,000, shall be repaid to the county by the state over the next 10 years through proceeds of the lease term. Mr. Wilcox continued that the Department is consolidating into less space, therefore, the open space can be used for more leasing opportunities; further, pointed out that there are indirect savings with the lease as the county has taken over management of the building which shall save the 7 percent fee on all leases and the 5 percent commission fee.
Comr. Rae stated that it is important to note that the Battle Creek T.I.F.A. partnered with the county in providing money to get the improvements project “on its feet” for which the county owes a debt of thanks. Mr. Purcell advised that it was the Downtown Development Authority that provided $175,000, which is much appreciated. Comr. Bolger thanked Mr. Wilcox for all his work on the lease and for saving the county money.
FY 2007-2008 Highway Safety Grant Application Mr. Purcell stated that the grant in the estimated amount of $37,000 shall be electronically submitted. Sheriff Byam advised that funding for highway safety is another issue pending in the state budget. Sheriff Byam stated that the grant pays for the deputies’ overtime wages and no match is required.
FY 2007 Friend of the Court Budget Amendment Mr. Purcell advised that the budget amendment is required to maximize use of federal child support performance incentive funds as local match. The amendment is in the amount of $65,974.
Comr. Bolger noted that there will be no General Fund impact. Interim Finance Director Pam Kline explained that the county will receive five payments instead of four this year, however, the fifth payment must be deferred until the next year.
August 2007 Financial Statements Ms. Kline reported that expenditures still exceed revenues by $2.2 Million. Ms. Kline advised that as of August, activity should be at the targeted level of 66.67 percent of the budget. Currently revenues have started to increase closer to the budget percentage, whereas expenditures are slightly below that level. Ms. Kline stated that September should be the county’s “break even” point, as it was in 2006. City of Battle Creek Property Easements Mr. Purcell advised that the easements are for property in front of the Toeller Building to allow for curb and sidewalk improvements. Mr. Wilcox stated that the county shall receive $1 from the City for each easement. Mr. Wilcox advised that the two easements would provide right-of-way over approximately 173 square feet. Mr. Wilcox stated that the City is partnering with the Michigan Department of Transportation to make the I-94 Business Loop property more accessible to individuals with disabilities. The county will not be assessed any costs associated with, or as a result of the improvement project.
Substance Abuse Services Coordinating Agency Designation Chairwoman Segal advised that after a year and two resolutions, the Board has received a letter from the Michigan Department of Community Health (DCH) approving Calhoun County’s change in coordinating agency designation to the Kalamazoo Community Mental Health and Substance Abuse Services in combination with Summit Pointe. Chairwoman Segal stated that during discussions with the DCH last year, Administration stressed the importance of local decisions, and received a caveat that allows Kalamazoo Community Mental Health and Substance Abuse Services to contract directly with Summit Pointe to provide the local services in Calhoun County and still provides Calhoun County with the regional funding. The re-designation goes into effect on October 1. Chairwoman Segal thanked Commissioner Moore for his role in the meetings, Commissioners Solis and Rae for dealing with the Mid-South Substance Abuse Commission during the re-designation process, and Senator Schauer for meeting directly with the DCH. Chairwoman Segal advised that there was a meeting with the substance abuse treatment and prevention service providers this morning to advise them of the re-designation and what the impact would be, and recommended that funding to the current services providers be continued for a three month period while Summit Pointe develops a plan to present to the Board of Commissioners regarding how services will be provided in Calhoun County. Summit Pointe CEO Ervin Brinker advised that Summit Pointe and Kalamazoo Community Mental Health and Substance Abuse Services have started working on the contract. Mr. Brinker stated that Summit Pointe will have local control and input of substance abuse issues in Calhoun County. Mr. Brinker advised that Summit Pointe and Kalamazoo Community Mental Health and Substance Abuse Services are in the process, and his goal by the end of next week, is to have that first draft of a plan regarding how the money will flow. Mr. Brinker stated that Summit Pointe has a history of working with Kalamazoo Community Mental Health and Substance Abuse Services over the past number of years.
Chairwoman Segal advised that the proposed resolution does not solve the Public Act 2 issue. Chairwoman Segal stated that the Mid-South Substance Abuse Commission has that funding sitting in their coffers. Chairwoman Segal advised that Administration is attempting to rectify the situation, and advised that the 2007 funding can be sent through. Comr. Moore stated that he is pleased that the re-designation is moving forward, however, disappointed in what the DCH did not do; e.g., accept the original model put forth; however instead, forced the county to go through the re-designation process. Comr. Moore inquired whether Kalamazoo Community Mental Health and Substance Abuse Services shall maintain control of the funding “pass down.” Mr. Brinker responded that this is an issue that will be detailed within the agreement, however, advised that in discussion with his counterpart at Kalamazoo Community Mental Health and Substance Abuse Services he is comfortable passing the funding through. Comr. Moore inquired whether both the treatment providers and the prevention providers will receive the continuation funding. Mr. Brinker responded “Both for the next three months, during which Summit Pointe will receive community input to build a plan to start in January.” Comr. Rae inquired, since Calhoun County has been cut loose from the Mid-South Substance Abuse Commission, what possible argument Mid-South can have for continuing to hold the Public Act 2 funding. Chairperson Segal responded that there are various interpretations to the law that have to be reviewed. Mr. Brinker stated that Summit Pointe is not sure how Mid-South used the funding; i.e., for cash flow purposes, reserves, etc. as Summit Pointe has not received very good reports. Mr. Brinker advised that Summit Pointe has reserves, therefore, does not have to wait for a check to come; and it is Summit Pointe’s intent to put as much money into play, in terms of financing and working with the organizations, as possible. Comr. Solis addressed the lengthy process to change the designation, and challenged Board members to stay engaged in this process and to focus upon that portion of the society requiring the services to improve Calhoun County’s health indicators. Chairwoman Segal advised that the Board will be seeing the agreement between Summit Pointe and Kalamazoo Community Mental Health and Substance Abuse Services, and Summit Pointe’s plan for providing services in Calhoun County. Comr. Rae advised that when the Board made the determination to change coordinating agencies, the Board directed Summit Pointe to provide quarterly reports, and stated that he shall look forward to those reports.
RECESS:
FY 2007-2008 Health Department’s Comprehensive Planning, Budgeting and Contract Agreement Health Board Chairman Larry Anderson addressed the FY 2007-2008 proposed budget and chart reflecting full time equivalent employee trends. Mr. Anderson pointed out that revenue is projected at $3,771,524, expenditures at $4,019,400, or a deficit of $247,876. Mr. Anderson addressed the county’s minimal maintenance of effort for the Department, pointing out that the amount has remained the same for the past 17 years with no increase for inflation. Mr. Anderson further addressed central service costs assessed the Department by the county pointing out that it impacts services; further addressed the Department’s need to increase fees, pointing out that most of the fee increases are still below the cost of providing the services. Health Officer Dottie-Kay Bowersox advised that the FY 2007-2008 agreement is the Department’s annual contract with the Michigan Department of Community Health to provide mandated public health services. Ms. Bowersox pointed out that the funding has been reduced by $13,830 as the Department is only being reimbursed at 33 percent for the mandates. Ms. Bowersox advised that the Pan Flu funding and the Tobacco Reduction funding was a one-time funding source. Ms. Bowersox stated that the state says that the Pan Flu funding shall be provided for a second year, however, the state still does not have that contract.
FY 2007-2008 Health Department Fee Schedule Mr. Purcell advised that the Department is proposing approval of the fee schedule as well as an additional four percent increase over a three year time frame. Ms. Bowersox advised that the Department requested a four percent increase of fees last year also. Ms. Bowersox pointed out that there are two exceptions to the four percent increase within the fee schedule for Medicaid services to allow the Department to receive the full reimbursement. Ms. Bowersox projected a revenue increase of $33,360 for FY 2007-2008.
Mr. Purcell presented a substitute fee schedule providing for a three percent increase for FY 2007-2008. Ms. Bowersox pointed out that the proposed fee increases are incorporated into the Department’s FY 2007-2008 budget and that reducing the percentage would result in an annual $10,000 revenue reduction. Mr. Purcell advised that the amount would be $8,000 or $9,000. Comr. Moore advised that he cannot support increasing the fees over a three year period of time. Comr. Moore noted that the Department’s proposed sewage alternate system permit fee, presently with a fee of $200 would go up to $400, while the Administrator proposes that the fee only be increased to $206. Comr. Moore inquired regarding the reason for the difference. Ms. Bowersox responded that the Department reviewed all the fees in comparison to current costs, and that to provide that service the cost is $500; further that the Department also conducted a comparison of fees with other counties, and the only comparable county was Berrien whose fee is $300. Comr. Moore voiced concern with the huge “jump” in the fee, pointing out that the increase amounts to a 100 percent increase. Comr. Moore addressed the $10,000 difference projected through fee increases to the proposed budget, and inquired should the Board approve only a three percent increase of fees, where that extra $10,000 shall come from. Ms. Bowersox responded that the $10,000 could come from the Department’s fund balance, however, pointed out that the Department is already using $50,000 of the fund balance to balance the budget for this year. Mr. Purcell stated that he does not believe there has been justification for the fees to be increased so high.
Ms. Bowersox advised that in 2005 and 2006 the Department conducted nine town hall meetings with Calhoun County’s well drillers, sewage installers, food establishment owners and the Board of Realtors, and a standardized fee increase of four percent over three years was well received. Comr. Solis encouraged the Health Officer and Board of Health to present fee increases on a yearly basis.
FY 2007-2008 Health Department Budget Mr. Purcell advised that he shall be presenting a substitute resolution. Mr. Purcell further advised that for the first time in 17 years the county’s maintenance of effort to the Department shall be increased. Mr. Purcell stated that the budget he is proposing will keep the WIC Clinic in Marshall open and add back the part-time I.U.O.E. employee.
Comr. Solis inquired what the Department uses the fund balance for. Ms. Bowersox responded “Unexpected expenses.” Ms. Bowersox advised that the fund balance has been used for increased central services costs, medication, hearing and vision screenings, and emergencies. Comr. Solis inquired whether those emergency situations have been provided for within the proposed budget. Ms. Bowersox responded No. Comr. Solis voiced concern that employees shall be laid off while the Department has a fund balance. Comr. Arnquist advised that she supports the Administrator’s proposed budget as the WIC Clinic would remain open. Comr. Arnquist stated regarding proposed layoffs, that times are such that people and businesses need to do more for less and that she believes if the other employees can absorb the work, then layoffs are something the Department should do and that she can support. Discussion continued regarding services provided at the WIC Clinic in Marshall in comparison to services and number served in Battle Creek and Albion. Comr. Bolger pointed out that the number of residents served at the Clinic has increased 25 percent from 2003 to 2006. Comr. Bolger stated that he believes it is important that the last Health Department office located at the county seat remain. Comr. Bolger inquired whether the Department has made any reductions within administration. Ms. Bowersox responded that the budget for administration has been reduced 46 percent. Comr. Todd inquired why a low-paid staff member who directly provides services is being eliminated rather than someone within administration. Ms. Bowersox responded “Because of the availability of other staff that can handle those responsibilities.” Comr. Moore advised that he has watched as the Department has attempted to rectify fiscal issues over the past two years, and questioned whether the Board intends to make the tough decisions to get the Department’s budget issues resolved. Comr. Moore requested clarification of the budgets presented. RECESS:
Chairwoman Segal stated that she is very pleased to support increasing the maintenance of effort; however, is concerned that the employees are expected to continue to do more for less and its impact upon services.
Comr. Moore pointed out that the Department is presenting a deficit spending budget; therefore, he can determine no justification to pay for enforcement of a new regulation and does not believe that taxpayer monies should pay for that enforcement either.
Any funding required for the implementation and enforcement of the Calhoun County Clean Indoor Air Regulation during FY 2007-2008 shall come from sources other than the County’s General Fund. No County General Fund dollars shall be used to support the regulation.” Comr. Arnquist advised that the Department has received $25,000 to enforce the regulation, and that the main cost shall be for mailings to the businesses. The regulation shall be enforced by existing staff. Comr. Arnquist stated that the proposed amendment, in effect is an effort to revoke the regulation. Comr. Arnquist stated that even if enforcement of the regulation costs more than $25,000 and General Fund monies are required, she believes money will be saved in the long run. Comr. Solis pointed out that the Board spent hours in approving the regulation. Comr. Solis advised that he will not support the amendment. Comr. Bolger pointed out that at the time the regulation was being considered he specifically inquired whether the county would be spending money to enforce it, and was advised no. Comr. Bolger stated that he believes the amendment “locks up” what the Board was advised regarding the regulation. Comr. Rae advised that he shall not support the amendment. Chairwoman Segal stated that she believes Administration and the Health Department need to be working together on this issue.
CITIZENS’ TIME: Mr. Paul Hickey, Albion resident, questioned why the county’s maintenance of effort to the Health Department has been at the minimum level for the past 17 years and why that amount is changing. Mr. Gardy Berezonsky, Marengo Township resident, questioned whether the county is going to install signs around the county stating that Calhoun County is smoke free; further, what shall occur with the Highway Safety Grant Program if the state budget is not approved. Mr. Berezonsky stated that he finds it ironic that the Health Department is against smoking, however, accepts cigarette tax money from those that smoke. Mr. Berezonsky addressed the Board’s statement regarding employees/businesses having to do more with less, and pointed out that at the previous Board meeting the Board added two Road Commissioners. Mr. Berezonsky stated that perhaps there should be two less Commissioners on the Board, and then the Board can do more with less. COMMISSIONERS’ TIME: Comr. Solis invited everyone to attend the Festival of the Forks. Comr. Solis advised that the main event is Saturday commencing with a parade. Chairwoman Segal thanked the City of Albion for hosting tonight’s Board meeting. CLAIMS PAYABLE LISTINGS:
ADJOURNMENT: The meeting adjourned at 10:52 p.m. at the call of the Chair.
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