Amended 6/3/08
COUNTY SERVICES
May 20, 2008
Minutes
Members Present: Deb Nolan, Debbie DeLeon, Dale Copedge, Tim Soule, Mark Grebner, Mike Severino and Board Chairperson Marc Thomas
Members Absent: None
Others Present: Matthew Myers, Tony Lindsey, Todd McCastle, Tom Eastwood, Renee Canady, Jim Hudgins, Maureen Winslow, Jayson Welter, Rick Terrill, Mike Hughes, Willis Bennett, Janeil Valentine, Mike Bryanton, Becky Bennett, Steve Hayward and Timothy Perrone
The meeting was called to order by Chairperson Nolan at 7:01 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the May 6, 2008 Minutes
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SOULE, TO APPROVE THE MAY 6 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY.
The Minutes were amended to reflect the following:
Page five, fifth paragraph, first line: “Comm. Copedge asked about the warning process.” This was changed to “Comm. Copedge asked about the disciplinary process.
Page five, sixth paragraph, first line: “Comm. Copedge asked if there are a number of rude conduct cases with staff or customers.” This was changed to “Comm. Copedge asked if there are a number of disciplinary cases with staff or customers.”
Page seven, seventh paragraph, first line: “Comm. Copedge asked about the employee manual.” This was changed to: “Comm. Copedge asked if there is an employee manual.”
Additions to the Agenda: None
Limited Public Comment
Mr. McCastle, Michigan Regional Council of Carpenters, addressed the Committee regarding item 7b. He distributed information regarding Lansing Tile & Mosaic, Inc. The information detailed complaints about Lansing Tile & Mosaic not paying the prevailing wage. Mr. McCastle stated the information also addressed Lansing Tile & Mosaic’s work performance. He requested the Committee to wait to make a decision on item 7b until they review the information.
Mr. Eastwood spoke regarding agenda item 8. He stated the County should contract with businesses that follow the local, state and federal laws. Mr. Eastwood further stated a best bid policy would be good for the County and its residents.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. GREBNER, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS.
3b. Family Division – Circuit Court - Resolution to Establish the Position of Supervisor at the Ingham County Family Center
5b. Parks and Recreation Commission - Resolution Authorizing a Weekly Discounted Entrance Rate and an Annual Free Day at the Potter Park Zoo for Residents of Ingham County and the City of Lansing
6. Health Department
a. Request to Start Employee at Step 3
b. Request for a 90 Day Unpaid Leave of Absence
c. Resolution to Authorize a Contract with Linda Gail Diepenhorst.
7a. Facilities Department - Resolution Authorizing the Boiler Replacement at the Hilliard Building to be Performed by William E. Walter, Inc.
9. County Services Committee – Resolution to Changed the Composition of the Environmental Affairs Commission
10a. Controller’s Office - Resolution to Authorize a Reorganization within Ingham County Financial Services Department
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. GREBNER, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
Mr. Myers informed the Committee that Mr. Restuccia, Financial Director, is retiring this Friday. Robin Naeyert is the interim Financial Director. Mr. Restuccia and Ms. Naeyert are present this evening.
1. Interviews – Environmental Affairs Commission
The Committee interviewed Thomas Matt and Russ Kavalhuna for a position on the Environmental Affairs Commission. Chairperson Nolan explained that the forestry position will be a general position.
2. Discussion – Steve Hayward, Lansing Township, Update on Eastwood Town Center
Mr. Hayward, Lansing Township, provided a power-point presentation to the Committee. The presentation reviewed the history of the development of the Eastwood Town Center (Center). He then stated a number of hotel chains have expressed interest in constructing a hotel in that area. The property owner received a proposal to build a hotel/water park complex. Mr. Hayward stated the developer has agreed to allow the property owner time to consult with the necessary people and organizations regarding this proposal.
A feasibility study has been conducted. Another study will be conducted to determine the economic impact on other businesses in the Center. The advantages and disadvantages of the complex have been reviewed. Mr. Hayward stated the proposed complex will have the largest water park in the state. The complex will also have everything else that families will expect in such a facility.
The complex will have 363 employees. Mr. Hayward reviewed the tax information as contained in the presentation material. The Township needs a consensus for partnerships to link the Center into the loop and to strengthen the North town area. Mr. Hayward stated the Township wants people who visit the complex to be aware of other interesting sites in the Lansing area. The Township is exploring all options for the complex.
Mr. Hayward stated the Township has contacted their bond authority regarding this complex. We may partner on a regional basis to construct the complex.
Comm. Grebner stated the Township has to address the traffic concerns in the area before the complex opens to the public. Mr. Hayward stated those concerns are being addressed. Comm. Grebner asked if the Township will ask for a new tax capture from the County. Mr. Hayward indicated the Township will not ask for a new tax capture from the County.
Comm. DeLeon shared her experience with a road project. She commended the Township for working with the Visitors and Convention Bureau on this matter. The communication regarding the proposal has been open and inclusive.
Comm. Severino stated the Township has done a great job in terms of economic development. He then stated he hopes the Township will not follow the City of Lansing/Radisson Hotel scenario.
Chairperson Nolan thanked Mr. Hayward for his presentation. Mr. Myers stated copies of the study are available in his Office.
3. Family Division – Circuit Court
a. Resolution to Appropriate Funds for Equipment and Furniture for the Ingham County Family Center
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SOULE, TO APPROVE THE RESOLUTION TO APPROPRIATE FUNDS FOR EQUIPMENT AND FURNITURE FOR THE INGHAM COUNTY FAMILY CENTER.
Ms. Winslow stated the Resolution will authorize the purchase of equipment and furniture for the Center. She then explained the Academy and the Evening Reporting program are eligible for 50% match for the Child Care Fund. The goal is to reduce residential placements. Ms. Winslow stated she does not believe the costs for the equipment and furniture will exceed her projections.
Comm. Severino asked if the Center’s youths will have restrictions for entering and leaving the Center. Ms. Winslow stated the Center will be very cautious regarding this matter. She further stated the Center is not an overnight facility.
Comm. Copedge asked if the Center will use purchase any used equipment. Ms. Valentine stated the Center may use some of the Church’s furniture. Comm. Grebner asked if the van will be leased or if it will be purchased. He stated leasing a vehicle would be eligible for the Child Care Fund. Ms. Winslow stated the operational cost is a great concern. Comm. Grebner stated the staff should look into this issue. Mr. Myers stated this matter would be reviewed.
MOTION CARRIED UNANIMOUSLY.
4. Ingham County Clerk’s Office – Resolution to Authorize a Reorganization within the Ingham County Clerk’s Office
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION TO AUTHORIZE A REORGANIZATION WITHIN THE INGHAM COUNTY CLERK’S OFFICE.
Comm. De Leon asked for clarification regarding the four positions. Mr. Bryanton stated three of the positions are management level positions. The election coordinator is a union position and the Chief Deputy is a Professional/Confidential Employee.
Comm. Grebner suggested that staff should include the “current top range” for positions when they are going to be reorganized.
The Committee approved the following FRIENDLY AMENDMENT:
WHEREAS, THE LONG TERM EFFECT ON THE POSITION ALLOCATION LIST WILL BE TO INCREASE SALARIES BY $17,000 ON AN ANNUAL BASIS.
Mr. Bryanton thanked Mr. Lindsey and Mr. Myers for their assistance on this matter.
MOTION CARRIED UNANIMOUSLY.
5. Parks and Recreation Commission
a. Resolution Authorizing the Replacement of Thatch Roofing at the Potter Park Zoo
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION AUTHORIZING THE REPLACEMENT OF THATCH ROOFING AT THE POTTER PARK ZOO.
Comm. De Leon stated the Staff Review information indicates that some of the labor will be provided by the Parks Department staff and participants in the Jail Alternative Sentencing Program. She stated this information is not included in the Resolution. Mr. Bennett stated the Resolution authorizes the purchasing of the materials.
The Committee approved the following FRIENDLY AMENDMENT:
WHEREAS, THE NECESSARY LABOR WILL BE DONE BY COUNTY STAFF AND AUGMENTED BY THE JASP PROGRAM.
MOTION CARRIED UNANIMOUSLY.
7. Facilities Department
b. Resolution Authorizing a Contract with Laux Construction, LLC to Provide Renovations at the Ingham County Family Center for the Ingham Academy
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION AUTHORIZING A CONTRACT WITH LAUX CONSTRUCTION, LLC TO PROVIDE RENOVATIONS AT THE INGHAM COUNTY FAMILY CENTER FOR THE INGHAM ACADEMY.
Comm. Tennis stated he supported this Resolution for the Judiciary Committee last week. He then stated this is another example of why the County’s Purchasing Policy should be amended. Comm. Tennis stated he now has questions about this vendor. An Eaton County vendor was the lowest bidder. Laux Construction was the lowest local bidder per the Local Preference Policy. He then referred to Mr. McCastle’s comments during Limited Public Comment. If Mr. McCastle’s statements are true, then they raise a huge flag.
Mr. Hudgins stated he requested a list of Laux’s subcontractors. Eight of the thirteen subcontractors are located in Ingham County. Per our policy, local vendors who use non local vendors for more than 50% of the project are not eligible for the local policy. Laux is willing to reduce their bid price to meet our policy.
Comm. Tennis asked what would happen if a local vendor subcontracted with a vendor outside of Ingham County. Mr. Hudgins stated if the vendor does this, the vendor would be in breach of its contract with the County. Mr. Terrill stated Laux will conduct interior renovations. They will not conduct much excavation work.
Chairperson Nolan asked how the Policy requirements are monitored. Mr. Hudgins stated the County has contracted with Michigan Fair Contractors for seven years to monitor the Policy requirements. Mr. Terrill stated the fair wage information is posted at each project. Mr. Myers explained that the County’s staff will also be on site on a regular basis due to the time constraints for this project.
Comm. Copedge asked if the County has someone on staff to conduct a project review and to look over the contract materials that are presented to this Committee. Mr. Terrill stated the Purchasing Department conducts the review of the materials.
Comm. Grebner stated the Committee should approve the vendor that meets our Policy. The Board of Commissioners should not choose who is awarded a contract. Even if the County’s Policy is in question, the Board should follow same until it is amended.
Comm. Tennis stated he tends to agree with Comm. Grebner; however, the goals of the Policies are to make sure the County is using good vendors and that it is using the tax dollars properly. Lansing Tile & Mosaic have had dozens of complaints. The complaints do not appear on any lists because they have been resolved. Comm. Tennis then stated the Policy should punish offenders.
Comm. Copedge asked if the renovations warrant a 12% contingency. Mr. Terrill stated the industry standard is between 10% and 15%. The Controller has to approve the use of the contingency fund. Comm. Copedge asked if the Purchasing Department can look into Kares Construction’s proposal to determine how many of it’s subcontractors are located in the County. Staff said they did not. Mr. Terrill stated the time frame to complete the project was dependent upon approving the project tonight. Looking into another vendor would decrease the time frame. Mr. Myers stated Kares Construction, Inc. sent the County a letter stating they will not do business with Ingham County due to its local preference policy.
Comm. Copedge stated that he did not like being put in a position to approve the projects with no lead way to table them if it becomes necessary to have more review/research/information.
Comm. Severino asked if all the bidders are aware of the County’s local preference policy. Mr. Hudgins stated the solicitation document refers to our local preference policy.
Comm. De Leon expressed her concern regarding the time line for this project. She then stated she is concerned about the information from Mr. McCastle. Comm. De Leon stated she does not believe that Laux is a responsible bidder. Our policy does not have a definition for a “responsible bidder.”
Comm. Grebner stated Laux is completely compliant with our Policy. The subcontractor has some issues but we do not qualify subcontractors. Our job is to consider whether staff followed current policies and if there is a reason to reject their recommendation. Comm. Grebner also stated the County created the timeline for this project.
Comm. Tennis stated he agreed with Comm. Grebner. We created this situation and he is comfortable that staff will do the right thing. The County needs to make changes to our Policy before we get into this situation again.
Chairperson Nolan stated she has work background regarding wage and hour issues. She then stated she is committed to being involved with our youth. The Center is a dream. We are under really tight deadline, not unlike the Fairgrounds. Chairperson Nolan further stated she is sure staff will monitor Lansing Tile & Mosaic very closely to ensure their compliance with our Policy. She said she is committed to improving our bidding process and to ensure that Commissioners cannot meddle with the direction that the contract goes. County staff follows our direction.
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. DELEON, TO AMEND THE RESOLUTION BY ADDING THE FOLLOWING LANGUAGE:
WHEREAS, CONCERNS WERE RAISED OVER A PARTICULAR SUBCONTRACTOR REGARDING PRACTICES AND A VIOLATION.
WHEREAS, THE BOARD OF COMMISSIONERS WANTS TO COMMUNICATE WITH LAUX CONSTRUCTION, LLC AND LANSING TILE & MOSAIC, INC.’S PAST RECORD AND EXPRESSES IT’S DESIRE THAT THEY WILL NOT REPEAT THE VIOLATIONS ON THE INGHAM COUNTY PROJECT.
Mr. Terrill stated Lansing Tile & Mosaic has been an excellent subcontractor on County projects. They go above and beyond the requirements of the contracts.
Comm. Severino stated the amendment is premature. The amendment language should be more diplomatic. Comm. Soule agreed with Comm. Severino. Mr. Terrill’s hands should not be bound when working with vendors. Comm. Soule stated his primary concern regards the local piece of the Policy. He will support the recommendation so the school can open on time.
Comm. Copedge stated he agrees with Chairperson Nolan’s comments regarding the need for amendments to the Policy. He then stated he still has questions and believes it is his responsibility to ask questions. Chairperson Nolan stated her comments were not geared toward a specific Commissioner.
Comm. Copedge stated he questions approving this Resolution tonight. The Commissioners should be comfortable with the process. He then stated the Center is in his district and he strongly supports the project but he has a problem with the timeliness of presenting information to his constituents. The County made a commitment at the public meeting at Our Savior Lutheran to keep the neighborhood organizations informed about the project.
Comm. Grebner clarified his motion to amend as follows:
WHEREAS, CONCERNS HAVE ARISEN ABOUT A PREVIOUS VIOLATION REGARDING LANSING TILE & MOSAIC, INC.
BE IT FURTHER RESOLVED, THAT THE BOARD OF COMMISSIONERS EXPRESSES ITS DESIRE THAT STANDARDS FROM THE STATE AND THE COUNTY SHOULD BE STRICTLY OBSERVED.
The Committee consented to the following Friendly Amendments:
The third WHEREAS, third line, strike “and responsible.”
Add:
(Note: this language came from the County Service’s April 8, 2008 meeting. The amended language is bold.)
BE IT FURTHER RESOLVED, the Facilities Department will closely monitor the performance at the job site by requiring copies of certified payrolls, check stubs, fringe benefit breakdowns for every employee on a weekly or bi-weekly basis based on the payroll and the journeymen to apprentice ratio and any job and/or safety violations could result in Ingham County refusing to award future contracts to the vendor.
BE IT FURTHER RESOLVED, that the Purchasing Department will require and closely monitor to ensure that each employee on the job is also properly licensed and that each employee is working only within their proper classification.
MOTION CARRIED with Comm. DeLeon voting NO.
10c. Resolution Updating Various Fees for County Services
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SOULE, TO APPROVE THE RESOLUTION UPDATING VARIOUS FEES FOR COUNTY SERVICES.
Mr. Myers stated the Human Services Committee amended the fee schedule for point of sale. The fees for the point of sale should remain at the 20008 level for 2009. This amendment will cause a $5,800 gap in the Health Department’s 2009 budget. The Human Services Committee has asked the Health Department to recommend other adjustments to make up the difference in their 2009 budget.
MOTION CARRIED with Comm. Severino voting NO.
8. Purchasing Department
a. Discussion – Criteria for Evaluating Bids and Proposals
Chairperson Nolan stated that due to the late hour, she would like to postpone this item to the next meeting.
10. Controller’s Office
b. Information – 2007 Annual Report from Visitors and Convention Bureau
The 2007 Annual Report was received and placed on file.
Public Comment
Mr. Eastwood stated he supports the County’s policies. If the Committee amends the Policy, it could be very beneficial to the current Policy. He then spoke of his past negative experiences on various job sites. Mr. Eastwood then asked the Committee to allow him to bring in people who work in the field to speak to their concerns. He then commended the staff for doing their work on the Policies. The County should look at the best bid policy during their upcoming discussions.
Chairperson Nolan asked Mr. Eastwood to provide this Committee with information on the best bid policy.
Mr. McCastle thanked the Committee for the opportunity to share his information. He stated he wants to be a part of the solution to the current Policy.
Announcements
Mr. Myers stated the Human Services Committee addressed the issue of the liability insurance for the Community Agencies. After staff conducted research into increasing their liability level to one million dollars, it determined the cost would be minimal. Human Services waived the one million dollar level for this year but it will be required for 2009.
Comm. Grebner asked about the attorney/client information. Mr. Myers stated he would look into this matter.
The meeting adjourned at 9:36 p.m.
Respectfully submitted,
Debra Neff