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Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
April 3, 2008 The Regular Session of the Calhoun County Board of
Commissioners convened at 7:02 p.m., Thursday, April 3, 2008 in the
Commissioners' Meeting Room, County Building, 315 West Green Street,
Marshall, Michigan.
Roll Call: Present: Comrs. Bolger, Moore, Rae, Segal,
Solis and Todd. Temporarily Excused: Comr. Arnquist (Arrived at
7:11 p.m.)
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Silent Prayer was observed; followed by the Pledge of
Allegiance, led by Comr. Bolger.
APPROVAL OF AGENDA/ADDENDUM:
“Motion by Comr. Rae, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the April 3, 2008 agenda and addendum as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. Robert Bonds, Battle Creek resident, addressed an article
published in the Enquirer and News, and explained his rationale for
having a vehicle towed which was blocking in employees in his parking
lot.
Mr. Richard Logan, Battle Creek resident, encouraged the Board to
attempt to get fair taxes for the State of Michigan placed on the
November 8 ballot.
Two women thanked the Board for approving the smoking regulation.
ELECTED/APPOINTED COUNTY OFFICIALS’ COMMENTS:
Property Foreclosure Report
Treasurer Ann Petredean reported that Monday was the last day to pay
2005 property taxes. Ms. Petredean advised that this year the Office
foreclosed 144 parcels. Last year 131 parcels were foreclosed. Ms.
Petredean stated that of the 144 foreclosures, 69 are homes and 75 are
vacant lots. Ms. Petredean advised that the largest parcel is Union
Steel in Albion.
Ms. Petredean advised that on March 1 the Office began the
foreclosure process on the 2006 unpaid taxes by forfeiting 2,085
parcels, while last year 1,756 parcels were forfeited; an increase of
330 forfeitures. Currently, the Office is reviewing the title work to
ensure that everyone is notified, and then the process of knocking on
doors will commence. Ms. Petredean further reported that beginning in
May the Office shall contract for the required 30 year title work
update, which when completed, the Office shall internally bring up to
date to keep from having to pay for another 30 year title search.
Ms. Petredean further reported that the Office is finishing up its
settlements and getting ready to market the delinquent tax notes. Ms.
Petredean advised that current projections are that delinquencies will
be up approximately $1.3 to $1.5 Million more than last year, and that
this year she shall have to borrow between $12 to $12.5 Million. Ms.
Petredean stated that Public Act 213 of 2007 requires her to provide
quarterly written reports to the Board concerning the investment of
funds. Ms. Petredean advised that the investment summary shall be
provided tomorrow.
Introduction of Senior Services Manager Carl Gibson
Comr. Solis introduced Carl Gibson. Comr. Solis stated that the
county was fortunate to have a group of well qualified candidates and
that three rounds of interviews were conducted. Comr. Solis advised that
Mr. Gibson was the Senior Program Director at the Center for Long Term
Care for the Michigan Public Health Institute in Okemos.
Comr. Arnquist stated that the Board is delighted to have Mr. Gibson
and welcomed him to the county.
Mr. Gibson stated that he is here to assist the Board in making any
changes the Board desires.
SPECIAL ORDER OF BUSINESS:
Alcohol Awareness Month Proclamation
Comr. Todd read and presented the following proclamation to Substance
Abuse Council Executive Director Suzanne Horsfall.
Res. 50-2008
“Motion by Comr. Rae, supported by Comr. Moore, resolved by the
Calhoun County Board of Commissioners approve the following
proclamation:
WHEREAS, each year about 1,900 persons who are under 21 die in
motor vehicle crashes that involve underage drinking; and
WHEREAS, alcohol is also involved in about 1,600 homicides and 300
suicides each year among persons under 21; and
WHEREAS, alcohol is the most frequently used drug by high school
seniors; and
WHEREAS, young people begin drinking, on average, at 13.1 years of
age; and
WHEREAS, young people who begin drinking before age 15 are 5 times
more likely to develop alcohol dependence than those who begin
drinking at age 21; and
WHEREAS, alcohol abuse is linked to as many as two-thirds of all
sexual assaults and date rapes of teens and college students and is a
major factor in unprotected sex among youth, increasing their risk of
contracting HIV or other transmitted diseases; and
WHEREAS, the typical American young person will see 100,000 beer
commercials before he or she turns 18 (that is more than for sneakers,
gum, and jeans); and
WHEREAS, 13 percent of all youth, ages 12 -17, had at least one
serious problem related to drinking in the past year.
- The Substance Abuse Council and Concerned Marshall Citizens hosted
a Town Hall Meeting to Reduce Underage Drinking on March 24th to Kick
off the April Alcohol Awareness Month Campaign.
- The Underage Drinking Prevention Forum of the Substance Abuse
Council will promote the state motto: Preventing Underage Drinking is
Everybody’s Business: It’s not a Minor problem, and will host a Media
Conference on April 2nd at 1:00 PM at the Justice Complex.
- The Substance Abuse Council will present their new underage
drinking prevention brochure to the public which highlights the cost
of underage drinking in Calhoun County, why the legal drinking age
should remain 21 and specific steps that everyone can take to stop
underage drinking.
- Local leaders and alcohol free youth throughout the county are
invited to be part of the solution by volunteering to teach a lesson
on alcohol to 5th grade students throughout the county, during April
or May. The Substance Abuse Council will provide training and
materials for “Teach-In” presenters upon request.
- The Underage Drinking Prevention Forum will provide schools and
organizations in Calhoun County with flyers and check lists for
parents, youth and retailers to help ensure a safe, fun and alcohol
free spring break, prom and graduation season.
- Calhoun County Sheriff’s Department will be offering a Deputy at
all proms and will be stepping up patrol during prom and graduation
season which starts in April.
NOW, THEREFORE, the Calhoun County Board of Commissioners hereby
proclaim that April 2008 is Alcohol Awareness Month in Calhoun County.
We also call upon all citizens, parents, youth, governmental agencies,
public and private institutions, businesses and workplaces, hospitals,
and schools in Calhoun County to support efforts that will reduce and
prevent underage drinking in our community.”
Voice Vote: Motion CARRIED
Ms. Horsfall stated that everyone has a role in the prevention of
underage drinking. Sheriff Allen Byam advised that a number of town hall
meetings have been conducted which were very successful. Prosecutor John
Hallacy stated that this is the time for all adults to step up and talk
about the impacts of alcohol.
Sexual Assault Awareness Month Proclamation
Comr. Solis read and presented the following proclamation to
Prosecutor Hallacy.
Res. 51-2008
“Motion by Comr. Rae, supported by Comr. Moore, resolved by the
Calhoun County Board of Commissioners approve the following
proclamation:
WHEREAS, the month of April 2008 has been designated as National
Sexual Assault Awareness Month; and
WHEREAS, only 36% of rapes and sexual assaults are reported to law
enforcement; and
WHEREAS, among female victims of rape and sexual assault, 67% of
the crimes were committed by intimate partners, relatives, friends or
acquaintances; and
WHEREAS, one in four girls/women and one in seven boys/men will be
sexually assaulted in their lifetime.
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun County Board of
Commissioners that April 2008 is recognized as Sexual Assault
Awareness Month in Calhoun County. The Calhoun County Board of
Commissioners thank and recognize Sexual Assault Services of Calhoun
County, the Calhoun County Prosecutor’s Office, the Calhoun County
Sheriff’s Department and other Law Enforcement and Service Agencies,
who, through their cooperative effort have coordinated the events of
Sexual Assault Awareness Month.”
Voice Vote: Motion CARRIED
Child Abuse Prevention Month Proclamation
Chairwoman Segal read and presented the following proclamation to
Prosecutor Hallacy.
Res. 52-2008
“Motion by Comr. Solis, supported by Comr. Bolger, resolved by the
Calhoun County Board of Commissioners approve the following
proclamation:
WHEREAS, the month of April 2008 has been designated as National
Child Abuse Prevention Month; and
WHEREAS, approximately three million cases of child abuse are
reported each year - on average a case of child abuse is reported
every 10 seconds; and
WHEREAS, each day in the United States more than three children die
as a result of child abuse in the home; and
WHEREAS, most of the children who die from child abuse are under
the age of five years old.
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun County Board of
Commissioners that April 2008 is recognized as Child Abuse Prevention
Month in Calhoun County. The Calhoun County Board of Commissioners
thank and recognize the Calhoun County Child Abuse/Neglect Prevention
Council, the Calhoun County Prosecutor’s Office, the Calhoun County
Sheriff’s Department and other Law Enforcement and Service Agencies,
who, through their cooperative effort have coordinated the events of
Child Abuse Prevention Month.”
Voice Vote: Motion CARRIED
Prosecutor Hallacy advised that the fund raiser is April 18 at the
Burnham Brook Center.
Crime Victims’ Rights Week Proclamation
Comr. Arnquist read and presented the following proclamation to
Prosecutor Hallacy.
Res. 53-2008
“Motion by Comr. Solis, supported by Comr. Moore, resolved by the
Calhoun County Board of Commissioners approve the following
proclamation:
WHEREAS, President Ronald W. Reagan first declared “National Crime
Victims’ Rights Week” in 1981 to focus our Nation’s attention on the
plight of crime victims; and
WHEREAS, since 1981, America has joined together annually to
recognize the needs and rights of crime victims and survivors during
National Crime Victims’ Rights Week; and
WHEREAS, the week of April 13-19, 2008 has been designated as
National Crime Victims’ Rights Week - with the theme “Justice for
Victims - Justice for All;” and
WHEREAS, despite impressive accomplishments in crime victims’
rights and services, there remain many challenges to ensure that all
crime victims and survivors are treated with dignity and respect,
recognized as key participants within our systems of justice, and
afforded services that provide help and hope to them.
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun County Board of
Commissioners that April 13-19, 2008 is recognized as Crime Victims’
Rights Week in Calhoun County. The Calhoun County Board of
Commissioners thank and recognize those Victims of Crime, members of
the Calhoun County Prosecutor’s Office, the Calhoun County Sheriff’s
Department and other Law Enforcement and Service Agencies, who,
through their cooperative effort in coordinating the events of Crime
Victims’ Rights Week, help heighten awareness of the plight of those
who are or become a victim of crime.”
Voice Vote: Motion CARRIED
Prosecutor Hallacy advised that a couple of citizens shall be
honoring the Cold Case Team this year and that there shall be a ceremony
in the Rotunda in Lansing on Wednesday.
CONSENT AGENDA:
Res. 54-2008
“Motion by Comr. Moore, supported by Comr. Bolger, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following April 3, 2008 Consent Agenda as presented:
- Petitions, Communications, Reports:
| (1) |
Order Modifying and Approving the
City of Marshall’s Streamflow Monitoring Plan received from the
United States Federal Energy Regulatory Commission. (Received
and placed on file, with a copy remitted to Health Officer
Dottie-Kay Bowersox) |
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| (2) |
Communication received from The
White House thanking the Board of Commissioners for their letter
regarding the United States Environmental Protection Agency’s
proposal to revise the National Ambient Air Quality Standards
for ground-level ozone. (Received and placed on file) |
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| (3) |
Resolution received from Lake
County urging the Legislature to ratify the Great Lakes - St.
Lawrence River Basin Water Resources Compact. (Referred to the
Legislative Liaisons) |
- Resolutions:
| (1) |
Emergency Telephone
District Board Appointment |
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{a} |
Mark Burke -- Medical Control
Authority Representative |
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(Replacing Paula Lange) |
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| (2) |
Solid Waste Management
Planning Advisory Committee Appointment |
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(Term Expires December
31, 2010) |
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{a} |
Brandy Cherney – Solid Waste
Industry Representative |
Voice Vote: Motion CARRIED
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
Drainage Rules and Regulations Amendment
County Administrator/Controller Greg Purcell advised that Agenda Item
No. 1 was removed due to some legal issues associated with the upcoming
election. Mr. Purcell advised that the item shall be placed on the next
Board agenda, and announced that the next Board Meeting is Tuesday,
April 15.
Mr. Purcell advised that amendment of the rules and regulations is
for compliance with the Clean Water Act.
Drain Commissioner Blaine Van Sickle advised that the Department of
Environmental Quality is in the process of re-writing their rules
regarding the permitting process for the Clean Water Act. Mr. Van Sickle
advised that the Drain Commissioner’s Rules and Regulations currently
provide that the minimum treatment volume for storm water is the first
one half inch and that he wants the Board to officially approve the
rule, advising that the standard will be “grand fathered” in.
Res. 55-2008
“Motion by Comr. Moore, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following amendment to the Calhoun County Drain
Commissioner’s Rules & Regulations Within The County, by adding the
following language to Page 21, under Construction Details and
Specifications Section:
- Water Quality Design
All stormwater management systems proposed for development or
redevelopments of one (1) acre or more in size shall be designed so
that stormwater is managed based on the following criteria:
- The minimum treatment volume shall be the first half (½) inch of
rainfall on impervious surfaces. Water quality treatment methods
shall be designed to achieve a minimum of 80% removal of Total
Suspended Solids (TSS) as compared with uncontrolled runoff; and so
that discharge concentrations of TSS do not exceed 80 milligrams per
liter (mg/l).
- Detention basins and any other system proposed to discharge
stormwater off-site must restrict the peak discharge rate of the
post-development 25 year storm whose duration equals the time of
concentration, to the peak discharge rate of the pre-development 25
year, 24 hour storm event.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Resolution Authorizing Appeal of the Michigan Public Service
Commission’s Adjustment of the E 9-1-1 Telephone Surcharge
Mr. Purcell advised that the Emergency Telephone District Board has
met with the cities, the Area Metropolitan Services Agency (AMSA), the
Sheriff Department, and State Representative Nofs regarding appealing
the Michigan Public Service Commission’s denial of the county’s proposed
surcharge rate. Mr. Purcell advised that the appeal must be filed by an
attorney and that Atty. Mullett has a draft ready to be submitted next
week.
Comr. Bolger stated that the county is submitting the appeal based
upon new information regarding consolidation of the dispatch centers.
Comr. Bolger advised that the cities will be providing support of the
appeal by resolution.
Res. 56-2008
“Motion by Comr. Moore, supported by Comr. Arnquist, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize an appeal of the March 11, 2008 Order of the Michigan Public
Service Commission denying Calhoun County’s request for a telephone
surcharge in the amount of $.60 cents per telephone line.”
Comr. Rae inquired whether it would make the appeal stronger if AMSA
were to also provide a resolution of support. Comr. Bolger discussed the
short time frame for submitting the appeal. Comr. Rae stated that he is
sure AMSA could conduct a special meeting to support the appeal. Comr.
Bolger advised that he will contact AMSA immediately to make that
request.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Exception to County Policy No. 305 - County Temporary/Seasonal
Employees
Asst. County Administrator Wendee Woods requested an exception to
County Policy No. 305 to allow temporary Emergency Services Coordinator
Durk Dunham to purchase the county’s health insurance at 100 percent of
the premium’s cost.
Res. 57-2008
“Motion by Comr. Rae, supported by Comr. Arnquist, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize an exception to County Policy No. 305 - County
Temporary/Seasonal Employees to allow Durk Dunham to purchase the
county health insurance for a period of up to three (3) months by
paying 100 percent of the monthly premiums.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Deputy Health Officer Position Creation
Mr. Purcell advised that the proposed position is a consolidation of
a Deputy Health Officer and an Environmental Health Manager position.
Health Officer Dottie-Kay Bowersox advised that the position shall be
a non-union, confidential position, and has been approved by the Board
of Health. Ms. Bowersox advised that since June 2007 the Environmental
Health Manager position has been vacant.
Res. 58-2008
“Motion by Comr. Moore, supported by Comr. Solis, adopt the
following: Resolved by the Calhoun County Board of Commissioners
create a non-union, confidential Deputy Health Officer position, with
a salary range of $58,104 to $70,626, as recommended by the Board of
Health.”
Comr. Todd stated that the position’s job description looks like the
responsibilities of the Health Officer, and asked Ms. Bowersox if she is
overworked. Ms. Bowersox responded Yes. Comr. Todd inquired whether the
Department has anyone in mind that shall be hired. Ms. Bowersox
responded no, advising that the position is new. Comr. Todd inquired
whether there is anyone within the Department that could assume the
position with training. Ms. Bowersox responded No.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Equalization Department Staffing Increase
Mr. Purcell advised that the Department requires some additional
assistance. Mr. Purcell pointed out that the position is part time with
no benefits. Mr. Purcell requested Mr. Hippensteel also address the
policy and procedures manual for the Department.
Deputy Director John Hippensteel advised that the position is a part
time Records Clerk that shall answer the phone, assist customers at the
front counter, and perform some data input. Mr. Hippensteel advised that
there is funding within the Department’s budget to cover the position
for 2008, however, that for 2009 the Department shall require funding
for the position.
Mr. Hippensteel advised that a manual is being prepared which shall
be provided to the employees that he believes shall relieve the
animosity. The employees shall be given time to review the policies and
procedures, and then the manual will be discussed with them.
Res. 59-2008
“Motion by Comr. Solis, supported by Comr. Arnquist, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve increase of the staffing level from 4 to 4.5 FTEs within the
Equalization Department by adding a permanent, part-time Records Clerk
position.”
Comr. Moore stated that in the past there had been discussion
regarding “bringing up” people with skills to do the job. Comr. Moore
inquired whether there is the potential of sharing the position with the
Drain Commissioner’s Office. Mr. Hippensteel responded that he had that
discussion with the Drain Commissioner, and that the Drain Commission
currently has someone who handles those functions. Mr. Hippensteel
stated that “That’s something we can look at down the road.”
Chairwoman Segal inquired whether the position shall be an evaluated
position. Mr. Hippensteel responded that the phone calls and people
coming into the Department shall be tracked.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CITIZENS’ TIME:
Mr. Creighton Burrows, Battle Creek resident, stated that he takes
exception to the E 9-1-1 surcharge being assessed upon each telephone
line, pointing out that a lot of people have more than one line and that
he believes the county shall be collecting three times as much from
every household.
Mr. Burrows objected to the Geographic Information System (GIS)
fly-over of the county as it is an invasion of individuals’ right to
privacy. Mr. Burrows stated that Calhoun County is a municipal
corporation and as such operates as a governmental entity with legal
rights and responsibilities to be exercised for the benefit of the
public. Mr. Burrows pointed out that a governmental unit’s
duty/function, as defined by the Constitution, is for the benefit of the
public. Mr. Burrows stated that the proposed GIS system and fly-over
does not benefit the public at large. It benefits private developers and
the governmental entity itself. Mr. Burrows further pointed out that the
GIS system and fly-over does not fit the definition of a governmental
duty as it is not essential to maintain the health and safety of the
public at large.
Mr. Burrows cited Article IV, Section IV of the U.S. Constitution, .
. . The United States shall guarantee to every state in this union a
republican form of government. A republican government is one in which
the powers of sovereignty are vested in the people and are exercised by
the people, either directly, or through representatives chosen by the
people, to whom those powers are specially delegated.” Mr. Burrows
stated that he chooses to exercise his rights directly by not granting
permission to the county to take any pictures of his land. Mr. Burrows
pointed out that he cannot trespass on the privacy rights of his
neighbors by taking pictures of their possessions and that neither does
the county possess that power as the public has not delegated that power
to the county.
Mr. Gardy Berezonsky, Marengo Township resident, advised that he
attended the last Marshall City Council meeting and offered to work at
the Community Compost Center for minimum wage, and was advised that the
City already hired someone at $14 per hour.
Mr. Berezonsky addressed Board addendums, advising that he receives
the Board agendas the Thursday before the Board meeting, however, that
the addendums are not available until the afternoon of the meeting which
does not allow him time to review and research the items to be
addressed. Mr. Berezonsky pointed out that it appears that most of the
time one department is responsible for necessitating the addendums.
COMMISSIONERS’ TIME:
Comr. Todd advised that he has known Mr. Bonds for a long time and
was very upset when he saw the article published in the paper. Comr.
Todd expressed appreciation to Mr. Bonds for advising the Board
regarding the parking lot issue.
“Motion by Comr. Rae, supported by Comr. Solis, adopt the following:
Resolved by the Calhoun County Board of Commissioners recognize the
outstanding achievement of the Albion High School Basketball Team for
making it to the quarter finals.”
Chairwoman Segal inquired whether the recognition could be presented
at the next Board meeting or a Board meeting in May.
Comr. Rae withdrew his motion, and Comr. Solis withdrew his support
of the motion.
Comr. Moore reported that he attended the meeting of substance abuse
prevention and treatment providers to discuss plans for moving forward
in Calhoun County. Comr. Moore advised that Kalamazoo Community Mental
Health and Substance Abuse Services requires a decision regarding what
organization shall be working of the federal programs regarding underage
drinking and traffic crashes.
CLAIMS PAYABLE LISTINGS:
Res. 60-2007
“Motion by Comr. Rae, supported by Comr. Arnquist, 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 $524,828.33 for the week of March 20, 2008; further, approve
payment of the list of claims against the county in the total amount
of $552,881.12 for the week of March 25, 2008.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ANNOUNCEMENTS:
Chairwoman Segal announced that the next Board meeting is Tuesday,
April 15 in the Marshall County Building at 7:00 p.m.
ADJOURNMENT:
The meeting adjourned at 8:17 p.m. at the call of the Chair.
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