 |
Minutes Archive |
|
|
Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
March 18, 2010
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:05 p.m., Thursday, March 18, 2010 in the Commissioners'
Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Camp, Gerow, Haadsma, Rae,
Rocho and Todd. Excused: Comr. Lee.
Staff Present: Corporation Counsel Richard Lindsey, Jr., Human
Resources Manager Kim Archambault, Finance Director Mark Stuhldreher,
Assistant County Administrator Bradley Wilcox, Juvenile Home Director
Michael Gillum, Health Officer James Rutherford, Dispatch Center
Director Jeff Troyer, County Administrator/Controller Kelli Scott,
Deputy Equalization Director John Hippensteel and Deputy Clerk/Board
Executive Secretary Mary Lou Barrett.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Silence was observed in remembrance of Bill Knapp;
followed by the Pledge of Allegiance, led by Comr. Rocho.
APPROVAL OF AGENDA:
“Motion by Comr. Camp, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the March 18, 2010 agenda as presented.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Todd, supported by Comr. Gerow, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the March 4, 2010 minutes as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ COMMENTS:
Calhoun County Conservation District Coordinator and Calhoun County
Trailway Alliance Member James Coury, urged the county to be the
fiduciary for the Calhoun County Trailway; further, to support the
phosphorus ban.
Battle Creek City Planners Jeff Spolstra and Chris Kosmowski urged
the Board to support the fertilizer regulation.
Mr. Bob Coward urged the Board not to support the fertilizer
regulation as the Health Department has advised that the regulation will
not be enforced, and because he believes such laws are a clean water
issue which should be regulated by the Department of Agriculture.
Mr. Adrian McGill, Marshall resident, urged the Board to support the
trailway.
SPECIAL ORDER OF BUSINESS:
Calhoun County Trailway Trust Grant Application Public Hearing
Chairman Rae declared the public hearing open for discussion at 7:18
p.m.
Calhoun County Trailway Alliance President Tom Garnett requested that
the county be the applicant for $500,000 to support the balance of funds
coming from the Michigan Department of Transportation (MDOT), and local
funds being worked on at this time.
Ms. Nancy Krupers of the Michigan Trails and Greenways Alliance
advised that she supports the trailway which she believes is important
to Michigan’s tourism.
Chairman Rae declared the public hearing closed at 7:26 p.m.
Special Tribute in Remembrance of Jude Lonergan
Comr. Camp read and Chairman Rae presented the following tribute to
James Lonergan.
Res. 33-2010
“Motion by Comr. Haadsma, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners approve the following tribute:
WHEREAS, JUDE LONERGAN, Veterans Service Officer of the Calhoun
County Veterans Affairs Department, is missed by her fellow employees,
friends and loved ones, and the veterans of Calhoun County; and
WHEREAS, JUDE LONERGAN first commenced her employment with Calhoun
County within the Clerks Office, and then transferred to the Calhoun
County Veterans Affairs Department; where she was the sole person in
the Veterans Affairs Department for over two years while building
knowledge to become a full fledged Veterans Service Officer through
the National Association of County Veterans Services Office.
Jude was always the first person to effectively represent the
veterans that required assistance, including acting as
Attorney-in-Fact to assist veterans in applying for benefits. She was
thorough in following up with landlords, employers, and various
service support agencies; and fellow employees have commented that
Jude was a joy to work with, always respectful and compassionate.
WHEREAS, Jude was instrumental in establishing a solid relationship
with the Veterans Administration Medical Center in Battle Creek; and
WHEREAS, Jude tirelessly volunteered for several veterans support
activities sponsored by the Michigan Department of Veterans Affairs,
the Michigan Army National Guard, the Michigan Air National Guard and
the National Cemetery in Battle Creek; and
WHEREAS, Jude was current with all Federal, State and local
veterans benefits information, was a dedicated member of the Michigan
Association of County Veterans Counselors, and faithfully attended
many Board of Commission meetings in her quest for information.
NOW, THEREFORE, WE, the Calhoun County Board of Commissioners wish
to posthumously honor JUDE LONERGAN for her tireless support of and
assistance to the veterans of Calhoun County.”
Voice Vote: Motion CARRIED
State Representative Jase Bolger and Senator Mike Nofs also presented
Mr. Lonergan with a tribute on behalf of the House of Representatives,
the Senate, the Governor’s Office and Representative Segal.
CONSENT AGENDA:
Res. 34-2010
“Motion by Comr. Haadsma, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following March 18, 2010 Consent Agenda as presented:
- Resolutions:
| (1) |
Calhoun County Solid
Waste Management Planning Advisory Committee Appointments |
| |
(Terms Expire December
31, 2011) |
| |
|
| |
{a} |
Arnold Arquette -- General Public
Representative |
| |
{b} |
Brandy Cherney – Solid Waste
Industry Representative |
| |
{c} |
Lewis Cooper -- General Public
Representative |
| |
{d} |
Steve Essling – Solid Waste
Industry Representative |
| |
{e} |
John LaForge – General Public
Representative |
| |
{f} |
Mike Myszka – Industrial Waste
Generator Representative |
| |
|
| (2) |
Southwest Michigan
Solid Waste Consortium Appointment |
| |
|
| |
{a} |
Tiffany Eichorst -- Term Expires
December 31, 2010 |
| |
|
| (3) |
Southwest Michigan
Solid Waste Consortium Advisory Committee Appointment |
| |
|
| |
{a} |
Tiffany Eichorst -- Term
Expires December 31, 2010 |
Voice Vote: Motion CARRIED
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
March 19, 2010 Strategic Planning Session
County Administrator/Controller Kelli Scott announced that tomorrow
is the Board’s strategic planning session commencing at 1:00 p.m. at the
Calhoun Intermediate School District. Ms. Scott advised that there is a
different facilitator this year and that the elected officials were
invited to attend the update of the plan from last year, which will be
either reaffirmed or objectives deleted.
March 3-5, 2010 M.M.R.M.A. Workshop Update
Ms. Scott reported regarding topics addressed at the workshop in
Grand Rapids; i.e., the Governor’s race, the census, redistricting,
legislative updates, and the two seats that will be open on the Michigan
Supreme Court next year.
2010 Property Values
Ms. Scott advised that April is the county equalization session at
which the Board shall receive the assessed property valuations. Ms.
Scott stated that last year the county experienced a negative CPI that
resulted in a 3.5 percent reduction. Assessed valuations are down 6
percent and the valuations for the residential classification are down 9
percent county-wide. Ms. Scott advised that another decrease is expected
for next year.
Calhoun County Trailway Grant Application
Ms. Scott advised that the reason the county must apply for the
funding is because program must fit within the County’s Master Park
Plan. The Road Commission will be the applicant for most of the project.
Ms. Scott further advised that it will be necessary to have an agreement
with the Calhoun County Trailway Alliance, the Road Commission, and the
County regarding the funding.
Res. 35-2010
“Motion by Comr. Haadsma, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the 2010 Grant Application for the Calhoun County Trailway
Project in the amount of $500,000 and authorize the County
Administrator/Controller to execute the grant application; further,
authorize the Board Chairman to execute the Documentation of Site
Control for remittance to the Michigan Department of Natural Resources
Trust Fund.”
| Roll call vote: |
Yes - 6 (Comrs. Rae, Rocho, Todd,
Camp, Gerow and Haadsma) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Energy Efficiency and Conservation Multipurpose Block Grant
Acceptance
Ms. Scott advised that the grant will allow the county to do energy
improvements in most of the county facilities. Ms. Scott advised that
the agreement has been approved by Corporation Counsel.
Res. 36-2010
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize the County Administrator/Controller to execute the Energy
Efficiency and Conservation Multipurpose Block Grant Agreement between
the County of Calhoun and the State of Michigan Department of Energy,
Labor and Economic Growth, Bureau of Energy Systems in the amount of
$351,450 on behalf of Calhoun County.”
Comr. Rocho inquired regarding anticipated cost savings. Ms. Scott
responded that she does not have the final scope yet, however, that the
overall savings shall be reported with the Honeywell Project. Comr.
Rocho inquired when the Honeywell Project shall be completed. Asst.
County Administrator Bradley Wilcox responded that 20 years is the
length of the bonding period.
Comr. Camp requested an explanation of the progress plan. Mr. Wilcox
advised that the plan shall be presented in May along with the Honeywell
contract.
| Roll call vote: |
Yes - 6 (Comrs. Rae, Rocho, Todd, Camp, Gerow and
Haadsma) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Discovery of Non-Filing Businesses Agreement
Ms. Scott stated that the Firm identifies businesses that have not
filed their personal property statements and shall most likely
undercover more property for the tax rolls. Ms. Scott advised that
Corporation Counsel has reviewed the agreement.
Res. 37-2010
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Discovery of Non-Filing Businesses Contract between Tax
Management Associates, Incorporated and Calhoun County for the period
of February 18, 2010 through June 30, 2011; further, authorize the
Board Chairman to execute said Contract on behalf of Calhoun County.”
Comr. Camp inquired whether the inquiries to the businesses shall be
sent out on county letterhead, and to whom the businesses are to contact
should they disagree with any value assessed. Tax Management Associates
Representative Bob Lucas responded that the Firm will provide a letter
to be placed on county letterhead with Mr. Hippensteel’s signature, and
those businesses that do not respond, will be contacted by telephone.
Mr. Lucas continued that those that continue to fail to respond, the
Firm shall place a value on personal property and the business shall be
visited. If the visit is refused, an estimation of value shall be
assessed. Mr. Lucas stated that the business can appeal to their local
assessor or to the Equalization Department.
Comr. Haadsma asked Mr. Hippensteel how important he perceives the
service. Mr. Hippensteel responded that there are a lot of businesses
not reporting their personal property and that he believes it is an
issue of fairness. Comr. Haadsma inquired of Mr. Hippensteel why he
believes there are a lot of businesses in Calhoun County not filing. Mr.
Hippensteel responded that he worked with the City of Battle Creek to
locate those businesses. Mr. Hippensteel advised that Van Buren County
utilizes the service and is very pleased with the results. Comr. Haadsma
requested an estimate of the return on the county’s investment. Mr.
Lucas responded that he does not have the actual numbers with him,
however, that within Mr. Hippensteel’s memorandum Detroit’s tax roll was
increased by 30 percent which added $276 Million in discovered value.
Comr. Camp inquired whether the Board will have the opportunity to
assign the amount payable to the businesses. Mr. Lucas responded “That’s
the function of your Equalization Director.”
Comr. Haadsma advised that last night Commissioner Gerow and he
discussed this agreement, and that Commissioner Gerow raised a
legitimate concern regarding the small business owners. Comr. Haadsma
advised that he intends to support the agreement,
Comr. Gerow advised that she shall not support the service because
she believes there is a big gap between franchises and “mom and pop”
businesses.
Comr. Camp noted that the Department can assess back 3 years, and
inquired how a business would be able to get “caught up,” pointing out
that a business could be totally unaware. Comr. Camp further inquired
what provision the Department envisions for working with the businesses.
Mr. Lucas responded that it shall be at the Equalization Director’s
discretion to work out payment arrangements. Comr. Camp inquired whether
the local units of government support the service. Mr. Hippensteel
advised that he has discussed and received support of the service from
the local units, most of the school districts, and all of the libraries.
Ms. Scott advised that she has discussed the service with the city
managers and they support the service.
Comr. Camp advised that two township supervisors within her district
feel they were not given the opportunity to discuss the service prior to
its coming before the Board for a vote, and wishes that the county could
have done more of an educational role. Ms. Scott stated that the county
attempted to reach out, further pointed out that the county is not
asking for the local units of government’s commitment or to cover any of
the costs of the service; therefore, she is not sure why there should be
the concern.
Chairman Rae stated that there is good reason to believe that certain
businesses have not been paying what they should have, and that if every
business were not to pay, then the other businesses would have to pay
more. Chairman Rae pointed out that there is a procedure in place to
resolve disputes.
Comr. Rocho called for the question of whether to cease debate and
vote on the question on the floor.
| Roll call vote: |
Yes - 4 (Comrs. Rocho, Todd, Haadsma
and Rae) |
| |
No - 2 (Comrs. Camp and Gerow) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
FireKeepers Local Revenue Sharing Board Administrative Services
Agreement
Ms. Scott advised that at the March 8 Local Revenue Sharing Board
Meeting, the Board requested a proposal to perform administrative
functions for the Board. An agreement for a cost of $25,000 for 2010 has
been developed and approved by the Board. The money would be placed
within the General Fund.
Res. 38-2010
“Motion by Comr. Rocho, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Agreement for Administrative Services between Calhoun
County and the FireKeepers Local Revenue Sharing Board in the amount
of $25,000 for the period of January 1, 2010 through December 31,
2010; further, authorize the Board Chairman to execute said Agreement
on behalf of Calhoun County.”
| Roll call vote: |
Yes - 6 (Comrs. Todd, Camp, Gerow,
Haadsma, Rae and Rocho) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Chairman Rae advised that the Board will have letterhead, that
accounts have been established, and a federal identification number has
been secured. Ms. Scott stated that there was a lot of discussion
regarding the Board having the appearance of independence. Chairman Rae
pointed out that a lot of the work to get the Board “up and running” has
been accomplished.
Tentative Emergency Telephone Service District Final Plan
Adoption
Ms. Scott advised that a public hearing is being scheduled for June
17, then the Board shall be requested to adopt the final updated plan.
Corporation Counsel Richard Lindsey, Jr. advised that the plan has
been filed with the state. Mr. Lindsey stated that the plan reflected
the consolidated dispatch authority and shall be sent out to the local
units of government who have an opportunity to exempt themselves.
Dispatch Center Director Jeff Troyer advised that last week he
received cessation to function as PSAPs from the three cities.
Res. 39-2010
“Motion by Comr. Rocho, supported by Comr. Gerow, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, the Board of the Calhoun County Consolidated Dispatch
Authority has reviewed and recommend that the Calhoun County Board of
Commissioners, pursuant to MCL 484.1303 of the Emergency 9-1-1 Service
Enabling Act, tentatively adopt the revised Calhoun County Emergency
Telephone Service District “Final Plan”; and
WHEREAS, pursuant to MCL 484.1309, the Tentative Plan will become
the final plan after a public hearing is held as required by MCL
484.1309, and, pursuant to MCL 484.1310, after formal adoption of the
Final Plan by the Calhoun County Board of Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the attached tentative
Emergency Telephone Service District “Final Plan” is hereby adopted;
and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a public hearing shall
be held on June 17, 2010, at 7:00 p.m., in the Board of Commissioners
Chambers, Calhoun County Building, 315 W. Green Street, Marshall, MI
49068.”
Comr. Camp advised that she shall not support the plan because
although the local municipalities have been “brought along” in the
process, she does not believe the citizens have. Chairman Rae questioned
whether anyone can remember when three separate entities in Calhoun
County gave up something. Chairman Rae stated that to even suggest that
the general public has not been kept advised of changes to the plan,
just is not true. Chairman Rae advised that staff has gone out and
talked to the fire and police chiefs, township people; and has done more
than due diligence to bring this wonderful entity into fruition.
| Roll call vote: |
Yes - 5 (Comrs. Gerow, Haadsma, Rae,
Rocho and Todd) |
| |
No - 1 (Comr. Camp) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Juvenile Accountability Block Grant Agreement
Ms. Scott advised that the grant requires a $1,501.10 match from the
county, which will come from the Juvenile Home Building and Ground Fund.
Res. 40-2010
“Motion by Comr. Haadsma, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Juvenile Accountability Block Grant Agreement
{JAIBG-10-13001} between the Michigan Department of Human Services and
Calhoun County in the amount of $13,509.90 for the period of April 1,
2010 through March 31, 2011; further, authorize the Board Chairman to
execute said Agreement on behalf of Calhoun County.”
| Roll call vote: |
Yes - 6 (Comrs. Gerow, Haadsma, Rae,
Rocho, Todd and Camp) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Household Hazardous Waste Collection Services Bid Award
Ms. Scott advised that the bid is for five years in the annual amount
of $20,500.
Res. 41-2010
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners award
the bid {RFP#101-10} for the provision of household hazardous waste
collection services for Calhoun County in the estimated annual amount
of $20,500 to Drug & Laboratory Disposal, Inc. of Plainwell, Michigan;
further, authorize the Board Chairman to execute an Agreement not to
exceed five {5} years with Drug & Laboratory Disposal, Inc. on behalf
of Calhoun County.”
| Roll call vote: |
Yes - 6 (Comrs. Haadsma, Rae, Rocho,
Todd, Camp and Gerow) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Health Department Regulation Regarding the Use of Lawn
Fertilizer
Ms. Scott advised that the regulation shall be effective 45 days
after its adoption.
Chairman Rae inquired how the regulation shall be enforced. Health
Officer James Rutherford responded that enforcement shall be handled by
existing Health Department staff. Mr. Rutherford advised that there is
not a lot of history of regulatory oversight, that the regulation is
similar to the smoking regulation.
Comr. Camp inquired regarding the Department’s process of notifying
the public, and how the Department shall determine infractions. Mr.
Rutherford responded that the regulation is an educational regulation,
and that if the Department gets involved in its regulation, infractions
would be handled on a complaint basis.
Res. 42-2010
“Motion by Comr. Haadsma, supported by Comr. Gerow, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Health Department Regulation Regarding The Use Of Lawn
Fertilizer In Calhoun County, effective 45 days upon approval of said
Regulation by the Calhoun County Board of Commissioners.”
Comr. Camp stated that she does not believe her inquiries were
answered, and again inquired whether the Health Department shall be
notifying the public. Mr. Rutherford responded that the public shall be
notified similar to what the City of Battle Creek did. Mr. Rutherford
stated that he anticipates letters going out to the businesses that sell
the products. Mr. Rutherford advised that there was not a significant
amount of input from the citizens at the public hearing.
Comr. Haadsma advised that he is a member of the Goguac Lake Board,
and that none of the members addressed any concerns with the regulation.
Comr. Haadsma further advised that he, Ms. Kosmowski and Mr. Rutherford
met with Mr. Coward and that it was a constructive meeting. Comr.
Haadsma called for the question of whether to cease debate and vote on
the question on the floor.
| Roll call vote: |
Yes - 5 (Comrs. Rae, Rocho, Todd,
Gerow and Haadsma) |
| |
No - 1 (Comr. Camp) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
Internal Revenue Service 2007-2008 Audit Settlement
Ms. Scott advised that the Internal Revenue Service conducted an
audit in June with a focus on independent contractors and employee tax
reporting issues. The examination disclosed that payments to
approximately 80 vendors were not reported to the IRS and the vendors
through the filing of required 1099's, and it was determined that
certain workers classified as contractors should have been classified as
employees. Ms. Scott advised that the settlement amount will come out of
the General Fund fund balance.
Res. 43-2010
“Motion by Comr. Rocho, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve settlement with the Internal Revenue Service in the amount of
$58,857.65 for payment of taxes and penalties for FY 2007-2008;
further, authorize the County Administrator/Controller to execute the
Closing Agreement and Forms 2504 and 2504-WC; and further, authorize a
FY 2010 budget amendment in the amount of $58,857.65 to be expensed
from the General Fund fund balance.”
| Roll call vote: |
Yes - 6 (Comrs. Rae, Rocho, Todd,
Camp, Gerow and Haadsma) |
| |
Excused - 1 (Comr. Lee) |
| |
Motion CARRIED |
CLAIMS PAYABLE LISTINGS:
Res. 44-2010
“Motion by Comr. Haadsma, supported by Comr. Todd, 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 $1,118,969.43 for the two {2}weeks ending March 11, 2010.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. Garnett thanked the Board for approving the trailway grant
application.
Ms. Kosmowski thanked the Board for approving the fertilizer
regulation.
Mr. Coward pointed out that the numbers on the fertilizer bags are
the minimum. Mr. Coward advised that he has discussed the regulation
with fertilizer distributors, and they will simply change the numbers on
the bags to comply.
Mr. Coward advised that he was invited to a Health Board meeting to
speak, however, that he felt that the decision regarding the regulation
had already been determined; further, that when he did speak regarding
the regulation, he was advised that he should not, that he did not have
the right.
COMMISSIONERS’ TIME:
Comr. Camp thanked Ms. Kosmowski for her work in promoting soil
testing. Comr. Camp stated that she agrees that phosphorus is not good
for the environment, however, believes that there should have been an
educational program.
Comr. Haadsma addressed Bill Knapp’s contributions to his community,
and advised that a memorial service for Mr. Knapp will be March 26 at
11:00 a.m. at the Burnham Brook Center.
Comr. Todd offered his condolences to Mr. Knapp’s family. Comr. Todd
advised that he knew Mr. Knapp for several years and that one thing he
loved about him was his passion to see people treated fairly and with
respect, and the love he had for his family. Comr. Todd stated that Mr.
Knapp will be dearly missed.
Comr. Camp invited everyone to attend the steak dinner benefit at the
Home Grange on March 24 at 7:00 p.m.
Comr. Rocho advised that she worked with Mr. Knapp on the Private
Industry Council and he was very tenacious in his efforts. Comr. Rocho
expressed her deep regret of Mr. Knapp’s passing.
Chairman Rae stated that Mr. Knapp was a really, really good man.
ADJOURNMENT:
The meeting adjourned at 9:08 p.m at the call of the Chair.
|