Amended 10/16/07
COUNTY SERVICES
October 2, 2007
Minutes
Members Present: Debbie DeLeon, Deb Nolan, Dale Copedge, Tim Soule, Mike Severino, Steve Dougan and Board Chairperson Marc Thomas
Members Absent: None
Others Present: Matthew Myers, Tony Lindsey, Jim Hudgins, Janeil Valentine, Peter Cohl, Dan Hudson, Jayson Welter, Becky Bennett, Bob Sheehan, David Stoker, Dr. Sienko, Steve Hayward and Stacy Byers
The meeting was called to order by Chairperson DeLeon at 7:02 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the September 4, 2007, September 18, 2007 and August 21, 2007 Executive Session Minutes
MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. NOLAN, TO APPROVE THE SEPTEMBER 4 AND THE SEPTEMBER 18 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY.
The September 4 Minutes were amended to reflect the following:
Page 4, item p, second paragraph – “MMRMA” was changed to “Michigan Municipal Risk Management Authority.”
The September 18 Minutes were amended to reflect the following:
Page 4, item 9, third paragraph – Mr. Johnson was changed to Ms. Johnson
Page 5, item 11a, motion – “. . . Controller’s Recommended Budget . . .” was changed to “. . . Controller’s Recommended Amount . . .”
MOVED BY COMM DOUGAN, SUPPORTED BY COMM. NOLAN, TO APPROVE THE AUGUST 21 EXECUTIVE SESSION MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY.
Additions to the Agenda
3. Drain Commissioner’s Office – 2006 Ingham County Drain Assessment Invoice – The item was pulled from the agenda at the request of the Drain Commissioner
4. Equal Opportunity Committee – Ingham County Equal Opportunity Employment Plan (EOE Plan) – The item was pulled as it was referred back to Equal Opportunity Committee.
Limited Public Comment: None
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. NOLAN, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
6. Health Department
a. Resolution to Authorize a Contract with PTD Technology
b. Request to Start a Jail Nurse at Step 3
c. Resolution to Appoint Dennis Jurczak, M.D. and D. Bonta Hiscoe, M.D. as Deputy Medical Directors and Deputy Medical Examiners and to Authorize Employment Contracts
7. County Services Committee
a. Resolution Congratulating the Ingham County Fair Board and Staff on the 153rd
Ingham County Fair
b Resolution Specifying the Board of Commissioner’s Authority to Appoint,
Employ and Remove Certain Positions
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. NOLAN, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
1. Interviews
a. Agricultural Preservation Board
The Committee interviewed Dan Hudson and Lynn Wilson for a position on the Agricultural Preservation Board.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SOULE, TO RECOMMEND THE APPOINTMENT OF DAN HUDSON TO THE AGRICULTURAL POSITION ON THE AGRICULTURAL PRESERVATION BOARD. MOTION CARRIED UNANIMOUSLY.
Chairperson DeLeon informed Ms. Wilson that she would be placed on the waiting list for a position on the Agricultural Preservation Board.
b. Equal Opportunity Committee
The applicant was not present this evening for his interview.
Comm. Copedge asked Ms. Bennett to mail Shawn Butler an application at the City of Lansing. Ms. Bennett indicated she would mail the application.
2. Discussion
a. C/E/I Community Mental Health – Robert Sheehan, Executive Director
Mr. Sheehan provided the details of the purchase of the land and the construction of the CMH facility at 812 East Jolly Road. The details are outlined in Mr. Sheehan’s June 7, 2007 letter to the Board of Commissioners. As of July 1, 2007, the balance owed on the bonds is $4,297,394.84. CMH is prepared to pay Ingham County $4,547,394 for the purchase of the facility. The price includes $250,000 for the value of the land at the time of construction.
Mr. Sheehan stated CMH is interested in purchasing the parcel of land northwest of the CMH facility if the County is willing to sell said property.
Comm. Copedge commended Ms. Cates for her comments and information she provided to the Law Enforcement Committee last Thursday. Chairperson DeLeon echoed his statements.
Mr. Sheehan stated taking ownership of the CMH building would save CMH money. CMH could construct an office facility on the northwest parcel of land in the future. Mr. Sheehan stated he is requesting this Committee’s approval to seek bond counsel and an appraisal of the facility and the property.
Comm. Nolan asked what other considerations there maybe for the northwest parcel of land. Mr. Myers stated the County currently does not have any plans for the vacant property. It would be a benefit to CMH to purchase this property. Mr. Myers also stated he would provide separate financial information regarding the CMH facility and the vacant property to this Committee when the information is available.
Mr. Sheehan explained the vacant property would not be appropriate for residential construction due to the nature of business at the CMH facility.
Comm. Severino requested clarification regarding the $2 million used to purchase the property for the CMH facility. Mr. Sheehan explained federal funds were used to pay for a specific wing of the facility. Mr. Cohl stated if CMH sells the CMH facility, the $2 million would be returned to the County.
Mr. Myers stated the Building Authority suggested Mr. Sheehan approach this Committee for approval to move ahead and seek bond counsel and appraisal.
Chairperson DeLeon stated the Committee gave its consensus for CMH to seek bond counsel and appraisals for the property.
b. Lansing Township DDA – East Towne Village, Update on the Project and Future Development
Chairperson DeLeon stated Lansing Township and Ingham County entered into a Tax Sharing Agreement in 2004 to share $11,000,000 in new taxes generated within the DDA to implement infrastructure projects. The Agreement required the Township to submit to the County a specific project list, cost estimate, etc.
Mr. Hayward, Lansing Township Director of Planning and Development, stated the DDA has moved forward with infrastructure projects as promised to this Committee three years ago. Major infrastructure projects are currently under way at this time. The Township DDA is working in partnership with East Lansing and DeWitt Township on various projects.
Comm. Copedge asked Mr. Hayward about the Township’s relationship with the City of Lansing. Mr. Hayward stated the relationship has been better. The City of Lansing is unwilling to discuss regional cooperation without giving away land use, taxation and self-governance. Mr. Hayward stated the Township is working to keep its door open to the City of Lansing.
Comm. Copedge asked about the Township’s relationship with the Ingham County Road Commission. Mr. Hayward commended the Committee for appointing Ms. Rodgers to the Road Commission. He stated Ms. Rodgers has been very helpful to the Township. The Township has seen a remarkable difference in the Road Commission in the last three years. The Township has a very positive working relationship with the Road Commission.
Mr. Hayward further stated the DDA published its second bi-monthly newsletter to keep the area residents informed on current and upcoming projects.
Comm. Copedge asked Mr. Hayward about the Township’s relationship with the Ingham County Drain Commissioner. Mr. Hayward stated pipes are being installed for the roads. The Township has overcome a few problems with the Drain Office, such as taking 65 days to get a soil erosion permit. The average time to obtain a soil erosion permit is 15 days. Mr. Hayward reviewed other concerns associated with the Drain Office.
This discussion continued. Chairperson Thomas stated he has not seen an updated project list. Mr. Myers stated that information is included in tonight’s agenda material. Mr. Hayward explained that he did not forward the 2006 project list to the County. Chairperson Thomas asked if the Township has a project timeline. Mr. Hayward stated the timeline is included in the agenda material.
The Committee reviewed and discussed the Attachment B Project List. Mr. Myers explained that Lansing Township and the Drain Commissioner had different views as to how the money would be spent. He stated he met with the Drain Commissioner and Mr. Hayward to discuss this matter. Once there is an understanding and that understanding has been reviewed by the County Attorney, Mr. Hayward will provide the Committee with a written updated project list. The Committee can then expect to see yearly updates.
Chairperson DeLeon thanked Mr. Hayward for the verbal update. She then stated this Committee looks forward to receiving the written project update in the near future.
5. Ingham County Parks and Recreation Commission – Resolution Authorizing the Construction of a New Entrance to Potter Park
MOVED BY COMM. SOULE, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW ENTRANCE TO POTTER PARK.
Comm. Dougan requested clarification regarding this request. Mr. Hudgins explained the project will involve a sign further into the Park, at the turn around point. The turn around area will be filled in with plants. Comm. Dougan stated the language in the Resolution should refer to the entrance gates. Mr. Hudgins explained the project will include more than just the placement of a new sign.
Comm. Dougan stated he does not remember this item being a part of the first year’s expense budget. He then stated if this Committee is going to receive additional requests of this nature, the Zoo should provide it with a master plan. Mr. Hudgins stated the master plan is being completed. The plan will include short and long term goals for the Zoo. Comm. Dougan stated he hopes we will not see anymore requests of this type until the master plan is completed.
Chairperson DeLeon stated any further requests should include an accounting of what has been spent to date with the current request information. Comm. Nolan stated she agreed with Comm. Dougan. She wants to see the big picture.
Mr. Myers stated he will have Mr. Moore document ongoing projects at the Zoo. He will also ask the Zoo Advisory Board to provide this Committee with a list of upcoming projects. Chairperson DeLeon asked that the list include an explanation of why the expense is necessary.
MOTION CARRIED UNANIMOUSLY.
8. Controller’s Office – Resolution to Terminate the Contract Between Ingham County and
Cohl, Stoker, Toskey & McGlinchey (Previously Known as Cohl, Salstrom & Stoker,
P.C. and Hereinafter Referred to as the “Contractor”) as of December 31, 2007
Comm. Severino requested an update on the negotiations. Mr. Myers stated he met with Chairperson Thomas, Mr. Neilsen and the four partners in the Firm. Several ideas were exchanged during that meeting. The parties agreed to continue to informally submit information back and forth without flooding the airwaves with paperwork. Information exchanges continued today. Mr. Myers stated he remains hopeful that an agreement can be reached which meets the needs of all parties.
Mr. Cohl stated he appreciated the meetings and that Chairperson Thomas was very helpful during this process. He then stated he thought the parties had an agreement, with the exception of a few small details. Mr. Cohl distributed information to the Committee regarding the Firm’s understanding. He then reviewed some of the details of the Firm’s offer.
Comm. Nolan asked Mr. Myers if he had seen the Firm’s proposal. Mr. Myers stated he just received the information when it was distributed to the Committee. He stated he has not had the time to review the information.
Comm. Soule suggested the Committee approve the Resolution to terminate the 1984 contract and then discuss its alternatives. It is not in the County’s best interest to continue on a year to year basis.
MOVED BY COMM. SOULE, SUPPORTED BY COMM. COPEDGE, TO APPROVE THE RESOLUTION TO TERMINATE THE CONTRACT BETWEEN INGHAM COUNTY AND
COHL, STOKER, TOSKEY & MCGLINCHEY (PREVIOUSLY KNOWN AS COHL, SALSTROM & STOKER, P.C. AND HEREINAFTER REFERRED TO AS THE “CONTRACTOR”) AS OF DECEMBER 31, 2007.
Comm. Severino stated he would like to know how the agreement will be replaced before approving the termination of the current contract. Comm. Soule stated he likes the Firm’s proposal that Mr. Cohl distributed a few minutes earlier. He then commended Mr. Myers for his efforts to reach an agreement.
Comm. Severino asked if this Committee’s goal was to resolve this matter this evening. Mr. Myers stated this is a complex issue. A number of questions have not been resolved as of this date. The parties are getting closer to an agreement with each discussion.
Chairperson Thomas stated he listened to this Committee discuss this matter and he has also talked with other Commissioners regarding this item. He stated there is a sense that the Board wants this issue resolved very soon. The Committee could terminate the existing contract and approve something close to an agreement this evening. Chairperson Thomas stated the agreement could be approved contingent upon resolving the small details. He further stated he was disappointed that the Firm did not provide their most recent information to this Committee prior to this meeting.
Mr. Myers stated it is his sense that the Board would like to approve at least a one year agreement with Mr. Cohl’s Office. The Human Resources numbers may be different than in Mr. Cohl’s proposal. He then stated he appreciates the Board’s position regarding the resolution of this matter.
Comm. Severino stated he appreciates the comments from Chairperson Thomas and Mr. Myers.
The Committee discussed various options for amending the Resolution. Comm. Soule suggested the following language be removed from the BE IT FURTHER RESOLVED paragraph of the Resolution “. . . or provide a reorganization plan and proposal . . .” Comm. Severino stated he could support this proposed amendment if there is a consensus that a final agreement will be reached soon.
Chairperson DeLeon stated the Resolution should indicate an agreement will be reached by this Committee’s October 16, 2007 meeting. Comm. Nolan stated she is very comfortable with Mr. Cohl’s recent proposal. She stated her hope that the parties can move forward and finalize an agreement.
Comm. Nolan stated she would like to see billable hours from Mr. Cohl’s Office in order to determine our need for legal services. Mr. Myers stated the new contract would anticipate a more detailed monthly statement. Comm. Nolan requested a two year contract and that the contract requires monthly statements.
Mr. Cohl requested this Committee wait until October 16, 2007 to vote on this Resolution. Comm. Copedge asked if an agreement can be reached by October 16. Mr. Myers indicated an agreement could be reached by that date.
Chairperson Thomas asked Mr. Cohl if the County would be at risk if the contract is terminated tonight. Mr. Cohl stated the County would not be at risk if it tables the Resolution to its October 16 meeting. Mr. Stoker explained the County would be at risk if it does not have legal representation as of January 1, 2008.
Comm. Soule commended both parties for their progress during the negotiations. The Controller has provided us with a competitive agreement and Mr. Cohl’s Office has provided a proposal which serves the County well. Terminating the contract has nothing to do with the Office’s service to the County. Comm. Soule encouraged both parties to reach a final agreement by this Committee’s next meeting.
Chairperson Thomas stated it’s in the best interest of the County to stop the year to year approval of this contract without reviewing same.
Comm. Soule suggested the BE IT FURTHER RESOLVED paragraph be amended to indicate the Controller will finalize the negotiations, rather than enter into negotiations. This was considered a Friendly Amendment to the Resolution.
Comm. Dougan suggested the third WHEREAS paragraph be amended to indicate the County wishes to continue with Mr. Cohl’s firm under a new contract. The Committee consented to add a new WHEREAS paragraph as follows:
WHEREAS, the County wishes to enter into a new agreement with the Contractor.
Comm. Copedge stated he had requested a new two year agreement for comparison purposes. One year’s data is adequate for a review.
Mr. Cohl pledged to this Committee that he will work to reach a final agreement with Mr. Myers by October 16, 2007. He then encouraged the Commissioners to notify him if they need any additional information from his Office.
MOTION CARRIED UNANIMOUSLY.
9. Purchasing – Informational Item Regarding Prevailing Wage Monitoring
Mr. Hudgins reviewed the content of his memorandum to this Committee. The memorandum is included in the agenda material. He explained that a contract was not in compliance with the County’s Prevailing Wage Policy. The contractor was also not in compliance with the Michigan Fair Contracting Center. The County has contracted with the Center to monitor its Prevailing Wage Policy.
The contractor was informed of his non-compliance status and that it must make appropriate restitutions, including any retroactive pay, to the affected employees within 30 days. The contractor complied with this notice in a timely manner. Mr. Hudgins further stated the contractor was informed that additional violations, on the current project or a future project, will constitute an ineligibility to bid on future County contracts for a period of five years.
Comm. Copedge asked if other municipalities had experienced the same problems with this contractor. Mr. Hudgins stated he was not aware of any such problems.
Chairperson DeLeon commended Mr. Hudgins and his Office for addressing this issue in a timely manner.
10. Board Referrals
a. Resolution from Lake County Expressing Opposition to House Bill 4780-4788
b. Resolution from Antrim County Urging the Department of State to Reconsider Its Recent Policy Regarding Acceptance of Passport Applications
c. Letter Requesting Smoking Ban for Indoor and Outdoor Areas at Potter Park Zoo
The Committee referred the letter to the Zoo Advisory Board.
Chairperson Thomas asked if the age issue for school students was addressed. Comm. Soule stated the Parks Board voted that all school students, regardless of age, will be allowed in the Zoo free of charge for school related functions.
Announcements: None
Public Comment: None
The meeting adjourned at 9:31 p.m.
Respectfully submitted,
Debra Neff