Approved 8/16/05
COUNTY SERVICES
July 19, 2005
Minutes
Members Present: Victor Celentino, Dale Copedge, Debbie DeLeon, Andy Schor, Mike Severino, Don Vickers and Board Chairperson Mark Grebner
Members Absent: None
Others Present: Harold Hailey, Jerry Ambrose, Comm. Nolan, Ordy Norkin, Pat Lindemann, Paul Kindel, Eric Schertzing, Sheryl Fritze, Sharon Schope, Lynn Page, Leonard Proventure, Stacy Sheridan, Chris Jordan-Foreman, Ganesh Reddy, Eric Hewitt and others
The meeting was called to order by Chairperson Celentino at 6:06 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the June 21, 2005 Minutes
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. VICKERS, TO APPROVE THE JUNE 21 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comms. DeLeon and Copedge
Additions to the Agenda
6a. Substitute Resolution
6b. Substitute Resolution
11. Informational Item Regarding East Lansing DDA
Limited Public Comment
Mr. Orkin, Okemos Travel, distributed copies of an email from a registered member of FlyLansing.com. The email advertises an Allegiant Air Special. This ad does mention the public can book reservations through Allegiant Air or through their favorite travel agent. However, the ad also included a parking discount for bookings made through the website. Mr. Orkin stated the local travel agencies cannot compete with the advertisement regarding the discounted parking.
(Comm. DeLeon arrived at 6:09 p.m.)
Mr. Orkin further stated he does not know if this was intentional on the part of FlyLansing.com or if it was a mistake. Either way, the offer is unfair to the travel agencies. He requested this Committee’s consideration of this matter.
Chairperson Celentino stated he will contact Mr. Selig on Wednesday regarding this matter. He will report his findings to this Committee at its next regularly scheduled meeting in August.
Ms. Fritze, Okemos resident, stated the court ruling has not changed the behavior of the Road Commission. Serious issues still remain unresolved. Ms. Fritze stated her hope that this Committee can appoint better people to the Road Commission in the future.
Ms. Schope, Wood Street resident, addressed this Committee regarding her Road Commission concerns. The Commission decided to close Wood Road to truck traffic without holding a public hearing with the Wood Road residents.
(Comm. Copedge arrived at 6:14 p.m.)
Ms. Schope stated Mr. Gunther, Road Commission, arranged for an open community meeting on Thursday at 6:00 p.m. at an area church. She further stated she supports previous public requests to have two of the three Road Commissioners removed from office.
The Committee held a brief discussion regarding dates of previous Road Commission Public Hearings. Comm. DeLeon stated County Commissioners will now receive notices of Road Commission Public Hearings when they are to be held in their districts.
Mr. Reddy, Meridian Township Planning Commission Director, stated he is not satisfied with the Road Commission at this time; however, he is not ready to ask for any resignations.
Eric Hewitt expressed his concerns regarding the Ingham County Road Commission. He stated the Commission does not include the public in matters that would concern the public. Residents should be notified when an action of the Road Commission will affect their neighborhoods. The resident stated he researched previous Road Commission minutes and was not able to find any mention of the Wood Street closing. Removing two of the Road Commissioners would show that the Board of Commissioners is taking the public’s concerns seriously.
Ms. Page stated the history of the 2005 Okemos Road project shows the single-mindedness on the part of the Ingham County Road Commission. She commended the County Services Committee for following up with resident concerns regarding the Road Commission. Ms. Page respectfully requested that information regarding Road Commission projects should be available to the public.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SCHOR, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
2. Drain Commissioner
a. Resolution Pledging Full Faith and Credit for the Towar Gardens & Branches Drain Drainage District 2005 Drainage District Bonds
b. Resolution Pledging Full Faith and Credit for the Towar Snell Drain Drainage District 2005 Drainage Bonds
c. Resolution Approving Drain Commissioner’s Special Assessment Roll for Lake Lansing Lake Level Special Assessment District
3. Register of Deeds – Resolution Authorizing an Amendment to the Contract with HTC Global Services for Indexing Services for Register of Deeds Records
5. Facilities Department – Resolution Authorizing a Contract with Spartan Asphalt Paving Co. to Construct New Parking and Roadway at the Ingham County Animal Control
6b. Ingham County MSU Extension/Youth Violence Prevention Coalition
b. Resolution to Authorize a Third Year Contract between the Ingham County/City of Lansing Youth Prevention Coalition/Ingham County MSU Extension and the Michigan Department of Human Services for a Juvenile Justice V Prevention Grant and Associated Subcontracts
7. Health Department
a. Resolution to Adjust the Staffing in Women’s Health Services
b. Request to Start a Dentist at Step 2
8. Human Resources Department
b. Resolution Certifying Representatives for the MERS Annual Meeting
c. Resolution Approving a Collective Bargaining Agreement between the ICEA Park’s Unit and County Board of Commissioners
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SCHOR, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
9. Road Commission
b. Resolution to Investigate the Possibility of Removing Two Members of the Ingham County Road Commission Pursuant to State Law
a. Resolution Asking for Resignations from the Road Commission
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. VICKERS, TO SEND THE RESOLUTION TO INVESTIGATE THE POSSIBILITY OF REMOVING TWO MEMBERS OF THE INGHAM COUNTY ROAD COMMISSION PURSUANT TO STATE LAW TO THE BOARD OF COMMISSIONERS WITHOUT RECOMMENDATION.
Chairperson Celentino explained that the two Resolutions in agenda item nine were referred to this Committee by the Board of Commissioners. Comm. Vickers stated two of the Road Commissioners should have an opportunity to resign before they are removed by the Board of Commissioners. He then listed several concerns regarding the Road Commission. Some of those were:
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. VICKERS, TO REFER THE RESOLUTIONS TO THE BOARD OF COMMISSIONERS WITHOUT RECOMMENDTION.
Comm. Schor stated there should be further discussion regarding this matter, and the Board of Commissioners should have some input on the issue. Comm. Schor requested this Resolution be separated to address the two Road Commissioners individually. Chairperson Celentino granted this request. Chairperson Grebner suggested that Ms. McDonald be addressed in the first Resolution, and Mr. Smith in the second Resolution.
Chairperson Grebner stated his concern that this Committee’s actions require a finding of misconduct on behalf of the Road Commissioners. The misconduct could be an illegal action plus willfulness; or, there has to be a pattern of misconduct. The standards for the removal of the Road Commissioners have not been met. Comm. Copedge suggested the Road Commissioners’ actions regarding the Okemos Road project and the Meridian Township road issue constitute a pattern. Chairperson Grebner explained the Michigan Supreme Court ruled the Road Commissioners did not violate the Open Meetings Act.
Comm. Severino stated there are several different interpretations of the Open Meetings Act. He stated he would like to know if the attorney/client privilege can be waived so that the public can review the opinion regarding the Open Meetings Act. Chairperson Grebner stated the County Attorney would have to be consulted on this matter. Chairperson Celentino stated he would pursue this matter.
Comm. DeLeon expressed her concern that the negative actions on the part of the two Road Commissioners are not considered “illegal.” Also, she wonders what this Committee is missing regarding the complaints because it is not the one to make the decisions of the Road Commission.
Comm. Schor stated this Committee should base its decisions regarding the possible removal of the two Road Commissioners on the County Attorney’s opinion. He further stated he believes the Road Commissioners have mistreated the public, the press and fellow County Commissioners. The Board of Commissioners can make this determination next Tuesday after it has reviewed the attorney’s legal opinion.
Comm. Severino suggested the two Resolutions be tabled for approximately two months in order to give the Road Commission time to perform. Tabling will also give us time to further consider the matter. Chairperson Celentino stated the Board of Commissioners discussed its concerns with the Road Commissioners at a recent Board Leadership meeting. Two main issues came out of that discussion: 1) illegal acts, 2) the frustration on the part of County Commissioners as to if the Road Commissioners demonstrated the conduct which would warrant their removal. He further stated many people have come before this Committee and the Board of Commissioners to complain about the Road Commission’s mistreatment of them and their disagreement regarding how the Road Commission deliberates prior to making a decision.
Chairperson Celentino stated Ms. McDonald’s term will expire at the end of 2006. Mr. Smith’s term will expire at the end of 2008 and he will not be eligible for reappointment due to term limits. The concerns of this Committee should be put in a letter which would be forwarded to the Road Commission. Comm. Severino suggested the letter containing the concerns be sent to the Road Commission and then they should be allowed some time to act on any recommendations. In the meantime, this Committee will hold off on the two Resolutions before this Committee tonight.
Comm. DeLeon stated she agrees with Comm. Severino. The Road Commission should be given time to respond to our concerns and recommendations. Comm. Vickers stated the two Road Commissioners were arrogant and they interrupted people during the recent Board Leadership meeting. He would prefer this matter be forwarded to the Board of Commissioners without recommendation as suggested by Comm. Schor earlier this evening.
The Committee discussed other items to be placed in the letter regarding the Road Commissioners’ actions and their recommendations. Comm. Copedge suggested the Road Commission be requested to be responsive to public comment during their open meetings. Chairperson Grebner stated the letter should also include the concern that the Road Commission should not use public funds to generate the appearance of public support.
Comm. Schor suggested this matter be forwarded to the Board of Commissioners so they can determine if any action is warranted. He also expressed his concern regarding the suggestion to allow the Road Commission two months to make changes. They have not addressed the Board of Commissioners’ concern regarding the appearance of using public funds to generate public support as suggested by the Board at its Leadership meeting two weeks ago.
Comm. DeLeon stated she still supports the suggestion to allow the Road Commission time to act on our recommendations. She further stated she reserved the right to vote differently on the Board floor.
Chairperson Celentino suggested the Road Commission be requested to appear at Board Leadership meetings twice a year so that any concerns can be addressed by all the Commissioners.
Comm. Nolan suggested the letter include the following requests: the Road Commission should take the initiative regarding any and all of their communications regarding public hearings, ask for staff training as to their handling of sensitive issues with the public regarding road design.
Chairperson Grebner stated forwarding our concerns and recommendations to the Road Commission is fine. However, at some point they will have to be allowed to do their jobs. Comm. Vickers stated that when people have to be told how to do their jobs, they should be replaced.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. DELEON, TO TABLE AGENDA ITEMS 9A AND 9B UNTIL THIS COMMITTEE’S SEPTEMBER 20, 2005 MEETING; AND, TO AUTHORIZE THE CHAIR OF THIS COMMITTEE TO SEND A LETTER TO THE ROAD COMMISSION ADVISING THEM OF THIS COMMITTEE’S CONCERNS; AND, TO INVITE THEM TO THIS COMMITTEE’S SEPTEMBER 20, 2005 MEETING.
Comm. Schor requested the above motion be divided so that the Committee will vote separately on the motion to Table and the authorization to send a letter to the Road Commission. Chairperson Celentino accepted this request.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. DELEON, TO TABLE AGENDA ITEMS 9A AND 9B UNTIL THIS COMMITTEE’S SEPTEMBER 20, 2005 MEETING. MOTION CARRIED with Comms. Schor and Vickers voting NO.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. DELEON, TO AUTHORIZE THE CHAIR OF THIS COMMITTEE TO SEND A LETER TO THE ROAD COMMISSION ADVISING THEM OF THIS COMMITTEE’S CONCERNS; AND, TO INVITE THEM TO THIS COMMITTEE’S SEPTEMBER 20, 2005 MEETING. MOTION CARRIED UNANIMOUSLY.
1. Agricultural Preservation Board – Resolution Authorizing a Contract between Sheridan Land Consulting and Ingham County to Provide Technical Assistance to the Ingham County Agricultural Preservation Board
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION AUTHORIZING A CONTRACT BETWEEN SHERIDAN LAND CONSULTING AND INGHAM COUNTY TO PROVIDE TECHNICAL ASSISTANCE TO THE INGHAM COUNTY AGRICULTURAL PRESERVATION BOARD.
Comm. Severino stated he had concerns regarding ethics during the creation of the Agricultural Board. He then expressed his current concern regarding who may be awarded the Contract. Ms. Sheridan worked very hard to get the Agricultural Board up and running. His concern is that she is very close to the Agricultural Board. Awarding her the contract may have the appearance of impropriety.
Mr. Kindel explained that RFP’s were issued through the normal County process. Two responses were received. The Agricultural Board thoroughly discussed both proposals before making this recommendation. Due to Ms. Sheridan’s experience with the purchase of development rights and her great familiarity with Ingham County, the Agricultural Board believes she is the best person for this contract.
Mr. Ambrose stated the RFP was drafted by County staff. Staff worked with the Agricultural Board regarding the proposals; they did not make any recommendations. Ms. Sheridan has worked with more properties than the other respondent.
Comm. Schor stated he initially shared the concerns of Comm. Severino. He now feels that Ms. Sheridan has provided free consultation to the Agricultural Board during its formation. It would be unfair to penalize her for her previous involvement with the Agricultural Board.
Ms. Foreman stated she has seen Ms. Sheridan in action in the past. She believes Ms. Sheridan would be the best person for the contract.
Comm. Severino stated he appreciates Comm. Schor’s comments. He does agree that Ms. Sheridan is competent to perform under the contract. His only concern involves the appearance of impropriety. Comm. Severino asked Ms. Sheridan why her proposal was submitted late. Ms. Sheridan explained why she missed the deadline.
Comm. Severino stated there was previous discussion regarding the possibility of sharing the cost of this contract with Clinton County. Mr. Kindel stated he believes the Agricultural Board is getting a reduced rate for the contract because Ms. Sheridan is doing the same type of work with Clinton County.
Comm. Severino stated he did not want Ms. Sheridan to take his concern personally. The County will be well served by having Ms. Sheridan as its consultant. Comm. Vickers stated Ms. Sheridan has knowledge, interest and availability. She also lives in Mason.
MOTION CARRIED with Comm. Severino voting NO.
(Comm. Severino left the meeting at this time.)
4. Treasurer – Resolution Authorizing the County Treasurer to Enter into an Intergovernmental Agreement with the State Land Bank Fast Track Authority to Create the Ingham County Land Bank Fast Track Authority, and to Provide for the Exercise of the Powers, Functions and Responsibilities of a Land Bank Fast Track Authority
MOVED BY COMM. DELEON, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION AUTHORIZING THE COUNTY TREASURER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE LAND BANK FAST TRACK AUTHORITY TO CREATE THE INGHAM COUNTY LAND BANK FAST TRACK AUTHORITY, AND TO PROVIDE FOR THE EXERCISE OF THE POWERS, FUNCTIONS AND RESPONSIBILITIES OF A LAND BANK FAST TRACT AUTHORITY.
Comm. Schor stated he is a big supporter of the Land Bank Authority. He then stated he had some concerns with how the Agreement was written. Comm. Schor asked why the Board of Commissioners would not have a say in a dissolution of the Land Bank Authority (Authority). He also asked why a County Commissioner would not be a member of the Authority.
Mr. Schertzing, Treasurer, stated the Agreement was patterned after the Genesee County Agreement with the State. He then explained this Committee is only approving the form of the Agreement tonight. Comm. DeLeon asked why the Agreement indicates dissolution of the Authority would take six months. Mr. Schertzing stated it would take some time to withdraw from the Agreement. The Genesee County Agreement includes this same provision.
In response to Comm. DeLeon’s question regarding the Agreement’s non-discrimination provision, Mr. Ambrose stated the County’s Non-Discrimination Policy would be included in this Agreement. He further stated that much of the Agreement is covered by State Statute.
In response to Chairperson Grebner, Mr. Schertzing explained how the Authority would function. He also addressed further questions from the Committee regarding the Agreement. Mr. Schertzing stated the Authority would draft and adopt its bylaws.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Severino
6a. Ingham County MSU Extension/Youth Violence Prevention Coalition – Resolution to Authorize a Contract between Ingham County MSU Extension/Youth Violence Prevention Coalition and the Michigan Department of Human Services (MDHS) for a Summer/Before and After School Programming Grant and Associated Subcontracts
MOVED BY COMM. VICKERS, SUPPORTED BY COMM. DELEON, TO APPROVE THE RESOLUTION TO AUTHORIZE A CONTRACT BETWEEN THE INGHAM COUNTY MSU EXTENSION/YOUTH VIOLENCE PREVENTION COALITION AND THE MICHIGAN DEPARTMENT OF HUMAN SERVICES (MDHS) FOR A SUMMER/BEFORE AND AFTER SCHOOL PROGRAMMING GRANT AND ASSOCIATED SUBCONTRACTS.
Comm. Schor requested clarification regarding the financial aspects of this matter. Mr. Ambrose stated the State is providing the grant funds.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Severino
8a. Human Resources Department – Discussion Item – Proposed Facilities Reorganization
Mr. Hailey stated this matter was before this Committee recently. The Union objected to the proposition. The matter was then referred to the County Attorney to determine if the proposed Reorganization was just that, or if it was actually a Reclassification. It was determined that this issue has to be negotiated with the bargaining unit. Mr. Hailey stated the Human Resources Department will revisit this matter at a later date.
10. Board of Commissioners
a. Commissioner Andy Schor – Resolution Supporting Wireless Internet Through Counties
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION SUPPORTING WIRELESS INTERNET THROUGH COUNTIES.
Comm. Schor stated he has an interest in the Oakland County wireless initiative. Mr. Ambrose provided this information at his request. Comm. Schor further explained that Counties need to preserve local control and municipalities should be allowed to make these types of decisions.
Chairperson Celentino stated he supports this Resolution.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Severino
b. Resolution Honoring Reverend Walter Reid on the Event of his 50th Anniversary with the African Methodist Episcopal Church
MOVED BY COMM. VICKERS, SUPPORTED BY COMM. DELEON, TO APPROVE THE RESOLUTION HONORING REVEREND WALTER REID ON THE EVENT OF HIS 50TH ANNIVERSARY WITH THE AFRICAN METHODIST EPISCOPAL CHURCH. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Severino
The fourth WHEREAS of the Resolution was amended to say, in part, “social issues of the day; the need of maintaining personal health.”
Comm. Schor stated the Board of Commissioners would receive additional information regarding this event prior to the next Board meeting.
Announcements
Comm. Copedge updated the Committee regarding funding of the D.A.R.E. program. Mid-South will fund the program at 50% of the previous year’s funding level. A coalition within the County will address this issue in an effort to resolve same next year.
Comm. Vickers informed the Committee that it would be receiving a packet of Ingham County Fair information.
Public Comment
Ms. Foreman stated she was pleased that the County is addressing the Road Commission issues. She also suggested the Road Commission be requested to televise their Public Hearings. Ms. Foreman addressed the Wood Street matter. She stated the decision to close the Street was made a long time ago. The Road Commission has no intention of dismissing their public liaison. She asked that this Committee not let the Commission’s behavior continue.
Ms. Page recommended the Board of Commissioners make its own findings regarding the conduct of the Road Commission.
Mr. Proventure stated the Road Commission should have written guidelines as to what is expected of it regarding its conduct.
The meeting adjourned at 8:48 p.m.
Respectfully submitted,
Debra Neff