EATON COUNTY BOARD OF COMMISSIONERS NOVEMBER 20, 2013

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1 EATON COUNTY BOARD OF COMMISSIONERS NOVEMBER 20, 2013 The Eaton County Board of Commissioners met in regular session at the County Facilities in the City of Charlotte, Wednesday, November 20, Chairman Mulder called the meeting to order at 7:00 PM. Pledge of Allegiance was given by all. Invocation was given by Commissioner Eakin. Roll call. Commissioners present; Michael Hosey, Blake Mulder, Terrance Augustine, Howard T. Spence, James Osieczonek, Jane M. Whitacre, Glenn Freeman, Joseph Brehler, Walter Miars, Roger Eakin, Wayne Ridge, L. Daryl Baker, Dale Barr, Jeremy Whittum, Roger Harris. Commissioners absent: none Chairman Mulder asked for amendments to the agenda. Commissioner Eakin requested the addition of items #11 Resolution to Amend the 2013/2014 Position Allocation list and # 12 - Resolution To Approve I.T. Infrastructure Upgrade Project and Financing Proposal. Commissioner Barr moved the agenda be approved as amended. Seconded by Commissioner Baker. Carried. Commissioner Spence requested an amendment to the agenda under New Business to include his presentation of a resolution to expand the composition of the Eaton County Road Commission from 3 members to 5 members. Commissioner Barr moved the agenda be approved as amended. Seconded by Commissioner Augustine. Nays: Commissioner Baker. Carried. Commissioner Baker moved the minutes of October 16, 2013 be approved as presented. Seconded by Commissioner Whitacre. Carried. Communications: none Public Comments: Sue Hoffman, 501 S. Bridge Street, Grand Ledge, commented on a past year s County Commissioner strategic planning workshop. Rod Schultz, 1303 Montgomery Street, Eaton Rapids, commented regarding easing restrictions of well and septic (time of sale or transfer) requirements upon property ownership change. Linda Marquardt, 204 Geneva Circle, Lansing, MI spoke in support of candidate Dorothy Maxwell for the Eaton County Road Commission vacancy. Representative Theresa Abed, Chairman of Parks Commission Bob McConnell, and Parks Director John Greenslit presented the 3 rd annual Alvin Whitfield Community Service Awards. (on file). 1

2 Central Dispatch Director April Heinze gave an informational presentation of Smart911, a free voluntary emergency service now available to Eaton County citizens. Commissioner Ridge moved the approval of the following appointments. James Stewart to the Department of Human Services Board - a three-year term expiring December 31, David Taylor to the Tri-County Aging Consortium Advisory Council - a three-year term expiring December 31, 2016 Seconded by Commissioner Barr. Carried. Commissioner Whittum moved the approval of Resolution to Authorize Sheriff Department to Participate in a Regional Homeland Security Grant Application. WHEREAS, the Michigan State Police Emergency Management and Homeland Security Division has grant funds available through the U.S. Department of Homeland Security; and WHEREAS, the City of Lansing has prepared a grant application on behalf of Region I (including the Counties of Gratiot, Clinton, Shiawassee, Eaton, Ingham, Livingston, Jackson, Hillsdale and Lenawee) and will be acting as the fiduciary for the Region whose allocation is $895,055; and WHEREAS, the total Eaton County allocation is an amount up to $75,000; and WHEREAS, the Region approved a planner assigned to Eaton County to work for the Region in an amount not to exceed $50,000 through the regional allocation; and WHEREAS, the Eaton County Sheriff Department has hosted the planner on-site through a contractual services agreement with a local temporary employment agency for the designated grant period and would like to continue through this grant period. Eaton County will pay the local temporary employment agency and submit for reimbursement through the grant process; and WHEREAS, the grant performance period is August 1, 2013 to April 30, 2015; and WHEREAS, there are no required matching funds. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners approves Eaton County s participation in the Region I grant application; and BE IT FURTHER RESOLVED, that the use of grant funds is contingent upon approval by the Local Planning Team and the Public Safety Committee; and BE IT FURTHER RESOLVED, that the Controller be authorized to approve any necessary budget amendments to increase expenditures and increase grant revenue if the grant is approved by the United States Department of Justice and State of Michigan; and BE IT FURTHER RESOLVED, that the Chairperson or his designee is authorized to sign any necessary documents pertaining to the County s participation. Seconded by Commissioner Harris. Carried. Commissioner Whittum moved the approval of Resolution Changing the Alternate Representative of the Regional Homeland Security. WHEREAS, Eaton County previously (Resolution # ) designated a primary representative, Sgt. Aaron Brown, Eaton County Emergency Manager and an alternate 2

3 representative, Steve Leese, Central Dispatch Director, elected by, and from, the County s Local Planning Team of record to the Regional Homeland Security Board, Region 1. WHEREAS, Steve Leese resigned from Eaton County effective March 29, 2013; and NOW, THEREFORE, BE IT RESOLVED, that Eaton County continues to support this National Priority by providing representation through a primary representative, Sgt. Aaron Brown, Eaton County Emergency Manager, and alternate representative, John Imeson, Eaton County Central Dispatch Deputy Director elected on October 31, 2013 by, and from, the County s Local Planning Team of record to the Regional Homeland Security Board, Region 1. Seconded by Commissioner Hosey. Carried. Commissioner Whittum moved the approval of Resolution to Approve Delta Township Sheriff Department Contract Renewal. WHEREAS, the current Delta Township Sheriff Department Contract expires September 30, 2014; and WHEREAS, Eaton County and Delta Township are desirous of renewing the Contract; and WHEREAS, such contract has been reviewed by the Public Safety Committee and Delta Township. NOW, THEREFORE BE IT RESOLVED, that the Eaton County Board of Commissioners authorizes a Sheriff Department Contract between Eaton County and Delta Township for the period of October 1, 2014 through September 30, 2024; and BE IT FURTHER RESOLVED, that the Chairperson on the Board and the County Clerk be authorized to sign the Contract. Seconded by Commissioner Spence. Carried. Commissioner Baker moved to approve the appointment of Dorothy Maxwell to the Eaton County Road Commission for a six-year term expiring December 31, Seconded by Commissioner Eakin. Discussion held. Roll call vote. Ayes: Spence, Osieczonek, Miars, Eakin, Ridge, Baker, Whittum, and Mulder. Nays: Hosey, Augustine, Whitacre, Freeman, Brehler, Barr and Harris. Carried. Commissioner Baker moved the approval of the following Public Works and Planning Committee Appointments: Zoning Board of Appeals Nicole Chmielewski to a three-year term expiring December 31, 2016 Marilyn Rutter to a three-year term expiring December 31, 2016 Benjamin Tirrell to a three-year term expiring December 31, 2016, as alternate Planning Commission Jack Owens to a three-year term expiring December 31, 2016 Brian Ross to a three-year term expiring December 31, 2016 Michelle Stahl to a three-year term expiring December 31, 2016 Parks Commission Jerry Roe to a three-year term expiring December 31, 2016 Shane Powers to a three-year term expiring December 31, 2016 Construction Code Board of Appeals Michael Stahl (Mechanical) to a three-year term expiring December 31,

4 Joe Hubbard to a three-year term expiring December 31, 2016, as Mechanical alternate Ronald Johnson to a three-year term expiring December 31, 2016 Purchase of Development Rights Selection Committee Barbara Rogers to a two-year term expiring December 31, 2015 Allen Krizek to a two-year term expiring December 31, 2015 Darius Ryennet to a two-year term expiring December 31, 2015 Brownfield Redevelopment Authority Board Travis Brininstool to a three-year term expiring December 31, 2016 Robert Robinson to a three-year term expiring December 31, 2016 Dave Starr to a three-year term expiring December 31, 2016 Seconded by Commissioner Whittum. Carried. Commissioner Baker moved the approval of # Resolution to Enter into a Service Agreement with the Michigan Veteran s Trust Fund Central Office. WHEREAS, the Michigan Veterans Trust Fund (MVTF) is a State of Michigan program that dispenses approved grants to wartime veterans and their families to relieve unforeseen, temporary, emergent financial crisis or hardships; and WHEREAS, the Eaton County Board of Commissioners approves entering into a Service Agreement to administer this program, for Eaton County Veterans, for the MVTF; and WHEREAS, Eaton County would be compensated $2,000 annually to provide this service; and WHEREAS, the Eaton County Veteran Services Officer would be responsible for application intake from veterans, follow up interviews, case preparation and administrative support for the MVTF Board; and WHEREAS, Eaton County would provide adequate record keeping and forward grant documentation as requested to the MVTF central office; and WHEREAS, Eaton County would assume responsibility for all expenses involving associated office space, support and supplies; and WHEREAS, the terms of said agreement are binding for the fiscal year beginning October 1, 2013 and subsequent fiscal years, except as amended by mutual consent or upon termination by either party. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of Eaton County approves entering into a Service Agreement with the Michigan Veterans Trust Fund Central Office and authorizes the Chairperson of the Board of Commissioners to sign the Service Agreement and any other related documents on behalf of Eaton County. Seconded by Commissioner Augustine. Carried. Commissioner Baker moved the approval of Resolution # Resolution to Establish a Tri-County Regional Brownfield Redevelopment Coalition and to allow Eaton County to Support or be a Party to a Grant Application to USEPA. WHEREAS, Eaton County has a Brownfield plan and has successfully implemented a BRA program that generated interest and need for assistance with Brownfield Redevelopment; and WHEREAS, the mid-michigan region of Clinton, Eaton and Ingham Counties in Michigan is host to a variety of previously used and/or contaminated development sites and shares many common concerns and challenges in the identification, assessment, and successful redevelopment of previously used and potentially contaminated sites; and 4

5 WHEREAS, Eaton County has identified a need to identify, assess, and implement the cleanup and redevelopment or reuse of its Brownfield sites in order to encourage economic development; and WHEREAS, together in a Brownfield Redevelopment Coalition we can improve and expand our regional economy while protecting our region s rural farmlands and undeveloped areas by encouraging and supporting the reuse and redevelopment of existing sites throughout our three county region; and WHEREAS, participating in a regional Brownfield redevelopment coalition does not preclude or limit the activities of our existing Brownfield redevelopment and economic development initiatives but does capitalize on our cooperation and offers us economies and efficiencies that can enhance our effectiveness on a regional basis; NOW THEREFORE BE IT RESOLVED that Eaton County hereby resolves to join Ingham and Clinton Counties in forming a Brownfield Redevelopment Coalition and establish it for the purpose of developing and implementing Brownfield projects in our region; and BE IT FURTHER RESOLVED that on behalf of the Coalition, Ingham County will serve as the applicant for USEPA grants and funding to facilitate conducting environmental assessments for redevelopment of properties that will reduce risk and increase successful job creation and retention while supporting Brownfield site assessments, cleanups, and developments in our region; and BE IT FURTHER RESOLVED that the Coalition will apply to USEPA for a Hazardous Materials Assessment and Petroleum grant of $600,000. In order to provide education and to conduct environmental assessments to facilitate the cleanup and reuse of Brownfield sites that will reduce risk and increase successful job creation and retention while supporting Brownfield site assessments, cleanups, and developments in our region; and BE IT FURTHER RESOLVED that if awarded grant funds, the fiduciary responsibilities would be managed by Ingham County and the grant funds will be shared equally among the Coalition members. After the first year if funds are not being expended, the Coalition would reallocate funds based on identified projects to maximize the use of grant funds by the end of the grant period. Seconded by Commissioner Harris. Carried. Commissioner Eakin moved the approval of the following Ways and Means Committee appointments: Randall Tooker to be appointed to the Historical Commission for a three-year term expiring December 31, Paula McCloy to be appointed to the Historical Commission for a three-year term expiring December 31, Coral Hanje to be appointed to the Historical Commission for a three-year term expiring December 31, Seconded by Commissioner Ridge. Carried. Commissioner Eakin moved to accept the Statement Showing Mills Apportioned by the County Board of Commissioners and submitted to the State Tax Commission. (on file) Seconded by Commissioner Hosey. Carried. 5

6 Commissioner Eakin moved the approval of # Resolution to Approve an Application for a Farmland and Open Space Developmental Rights Agreement (Public Act 451 of 1994, as amended). WHEREAS, John & Judith Locke filed a Farmland and Open Space Application for property located in Benton Township with the Eaton County Clerk s Office in August of 2013; and WHEREAS, this application includes acres; and WHEREAS, the applicant is requesting a 15 year agreement; and WHEREAS, a copy of this application was sent to all reviewing agencies as required by the act; and WHEREAS, the Eaton County Ways & Means Committee has reviewed this application and is recommending approval. THEREFORE, BE IT RESOLVED, that the Eaton County Board of Commissioners at its regularly scheduled meeting on November 20, 2013 does hereby approve the Farmland and Open Space Application filed by John & Judith Locke for property located in Benton Township. Seconded Commissioner Freeman. Carried. Commissioner Eakin moved the approval of # Resolution to Approve an Application for a Farmland and Open Space Developmental Rights Agreement (Public Act 451 of 1994, as amended). WHEREAS, Melvin D Lilly filed a Farmland and Open Space Application for property located in Carmel Township with the Eaton County Clerk s Office in September of 2013; and WHEREAS, this application includes acres; and WHEREAS, the applicant is requesting a 25 year agreement; and WHEREAS, a copy of this application was sent to all reviewing agencies as required by the act; and WHEREAS, the Eaton County Ways & Means Committee has reviewed this application and is recommending approval. THEREFORE, BE IT RESOLVED, that the Eaton County Board of Commissioners at its regularly scheduled meeting on November 20, 2013 does hereby approve the Farmland and Open Space Application filed by Melvin D. Lilly for property located in Carmel Township. Seconded by Commissioner Freeman. Carried. Commissioner Eakin moved the approval of # Resolution to Approve Collective Bargaining Settlement Agreement with the International Union of Operating Engineers. WHEREAS, the Board of Commissioners has been in negotiations with the International Union of Operating Engineers Local 324 A, B, C, D, G, H, P, RA, S AFL-CIO ( the Union ), which represents the Maintenance, Groundskeepers and Custodians, to reach a new collective bargaining agreement; and WHEREAS, the parties reached a settlement agreement attached hereto; and WHEREAS, the Controller was notified that the terms of the settlement agreement were ratified by the Union s membership; and WHEREAS, the Ways and Means Committee has reviewed the terms of the settlement agreement and are recommending its approval to the Board of Commissioners. NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners approval the proposed settlement agreement for the collective bargaining agreement with the International Union of Operating Engineers Local 324 A, B, C, D, G, H, P, RA, S AFL-CIO for the threeyear period from October 1, 2012 through September 30, 2015; and 6

7 BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners is authorized to sign any necessary documents. Seconded by Commissioner Baker. Roll call vote. Ayes: Spence, Osieczonek, Whitacre, Miars, Eakin, Ridge, Baker, Barr, Whittum, Mulder. Nays: Hosey, Augustine, Freeman, Brehler, and Harris. Carried. Commissioner Eakin moved the approval of # Resolution to Approve Collective Bargaining Settlement Agreement with the Fraternal Order of Police Animal Control Unit. WHEREAS, the Board of Commissioners has been in negotiations with the Fraternal Order of Police ( the Union ), which represents the Animal Control Unit, to reach a new collective bargaining agreement; and WHEREAS, the parties reached a settlement agreement through mediation; and WHEREAS, the Controller was notified that the terms of the settlement agreement were ratified by the Union s membership; and WHEREAS, the Ways and Means Committee has reviewed the terms of the settlement agreement and are recommending its approval to the Board of Commissioners. NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners approval the proposed settlement agreement for the collective bargaining agreement with the Fraternal Order of Police Animal Control Unit for the three-year period from October 1, 2012 through September 30, 2015; and BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners is authorized to sign any necessary documents. Seconded by Commissioner Baker. Roll call vote. Ayes: Spence, Osieczonek, Whitacre, Miars, Eakin, Ridge, Baker, Barr, Whittum, Mulder. Nays: Hosey, Augustine, Freeman, Brehler, and Harris. Carried. Commissioner Eakin moved the approval of Holiday Schedule. Seconded by Commissioner Freeman. Carried. (on file). Commissioner Eakin moved the approval of # Resolution to Authorize Application for Foreclosure Counseling Grant. WHEREAS, the Eaton County Community Foundation has grant funds available; and WHEREAS, the Treasurer is requesting approval to apply for a grant to provide foreclosure counseling to individuals through a contractual agreement with Housing Services of Eaton County; and NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners authorize the Treasurer to submit a grant application in an amount not to exceed $40,000 for the period of October 1, 2013 to September 30, 2014 requiring no matching funds for the purpose of providing foreclosure counseling; and BE IT FURTHER RESOLVED, that the Controller be authorized to approve any necessary budget amendments to increase expenditures and increase grant revenue if the grant is approved by Eaton County Community Foundation; and BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners be authorized to sign any necessary documents. Seconded by Commissioner Augustine. Carried. 7

8 Commissioner Eakin moved the approval of Resolution # to Approve 2013/2014 Budget Amendments: WHEREAS, the Eaton County 2013/2014 Appropriations Act of September 18, 2013 states that any amendment to increase a salary and/or a Capital Outlay line-item in excess of $2, or any amendment to increase the total budget of any fund or department in excess of $2, shall be amended by the Board of Commissioners, except that any amendment to decrease the General Fund Contingency shall be approved by the Board of Commissioners; and WHEREAS, such amendments are needed in order to comply with the Uniform Budgeting and Accounting Act of 1978, P.A NOW, THEREFORE BE IT RESOLVED, that the following budget amendments be approved and added to the 2013/2014 Eaton County Budget: GENERAL FUND TRANSFERS OUT 101 Increase Transfers Out $ 500,000 Increase Revenue $ 500,000 To increase transfers in to the Computer Fund from the MMRMA Fund for down payment for the Information Technology upgrade as recommended by the Information Technology and Communications and the Ways and Means Committees. SPECIAL REVENUE FUND CENTRAL DISPATCH 261 Increase Transfers Out $ 250,000 Increase Fund Balance Carryover $ 250,000 To increase transfers out to the Computer Fund for down payment for the Information Technology upgrade as recommended by the Information Technology and Communications and the Ways and Means Committees. REGISTER OF DEEDS TECHNOLOGY FUND 257 Increase Transfers Out $ 75,000 Increase Fund Balance Carryover $ 75,000 To increase transfers out to the Computer Fund for down payment for the Information Technology upgrade as recommended by the Information Technology and Communications and the Ways and Means Committees. COMPUTER FUND Increase Debt Service $ 1,000,000 Increase Capital Outlay $ 1,968,000 Increase Transfers In $ 825,000 8

9 Increase Transfers In Delinquent Tax Fund $ 50,000 Increase Proceeds from Borrowing $2,093,000 To increase Capital Outlay to the Computer Fund for down payment for the Information Technology upgrade as recommended by the Information Technology and Communications and the Ways and Means Committees. JUVENILE MILLAGE 296 Increase Contractual Services Prevention Grant $72,132 Increase Fund Balance Carryover $72,132 To increase contractual services for additional Juvenile Justice Millage program allocations as recommended by the Health and Human Services Committee. Seconded by Commissioner Ridge. Carried. Commissioner Eakin moved the approval of claims as audited by the Ways and Means Committee in the amount of $625, and to accept the report of previously authorized payments. Seconded by Commissioner Baker. Carried. Commissioner Eakin moved the approval of Juvenile # Resolution to Amend the 2013/2014 Position Allocation List. WHEREAS, the Eaton County Board of Commissioners approved a Positions Allocation List with the 2013/2014 Approved Budget Resolution # ; and WHEREAS, the Court has requested to amend the allocation list by eliminating a full-time cook position and replacing it with a full-time Youth Specialist, and; WHEREAS, the Court has evaluated the overtime and on-call workers for the Youth Specialist positions in the secure unit and the kitchen coverage with on-call workers and has determined filling the Youth Specialist position in lieu of the cook to be better operationally, and; WHEREAS, the Ways and Means Committee has evaluated this request and is recommending this amendment, and; NOW, THEREFORE, BE IT RESOLVED, that the 2013/2014 Eaton County Position Allocation List is amended to reflect the addition of one (1) Youth Specialist position and the reduction of one (1) Cook position. Seconded by Barr. Carried. Commissioner Eakin moved the approval of # Resolution to Approve IT Infrastructure Upgrade Project and Financing Proposal. WHEREAS, Cisco submitted an Information Technology Infrastructure Upgrade Proposal to Eaton County on November 5, 2013; and WHEREAS, such Proposal has been reviewed by the Information Technology and Communications Committee and the Ways and Means Committee; and WHEREAS, the total amount of the project will not exceed $2,093,000 with $875,000 in a down payment from County funds and an amount not to exceed $1,218,000 in financing; and 9

10 WHEREAS, Cisco through Key Government Finance, Inc. is providing five-year financing at 0% interest; and NOW, THEREFORE, BE IT RESOLVED, that the Information Technology and Communications Committee and the Ways and Means Committee recommend approval of this project; and BE IT FURTHER RESOLVED, that the Ways and Means Committee also recommends approval of a five (5) year financing contract with Key Government Finance, Inc at interest rate of 0% in an amount not to exceed $1,218,000. The first payment will be scheduled for March 1, 2014; and BE IT FURTHER RESOLVED, that the Chairperson be authorized to sign the necessary agreements. Seconded by Commissioner Baker. Carried. Public Comment: Rod Schultz, 1303 Montgomery Street, Eaton Rapids, spoke regarding well and septic requirements and televising Commission meetings. Darrell Tennis, 5675 S. Stine Road, Charlotte, commented regarding the appointment to the Eaton County Road Commission and thanked the Board for the opportunity to serve in that capacity. Barbara Rogers, Friedley Lane, Eaton Rapids, commented regarding the appointment to the Eaton County Road Commission. Commissioners Comments: Commissioner Harris commented Sheriff Reich will organize the Fill the Cop Car charity program in Eaton County. He stated that the Eaton Rapids Christmas craft sales chili cook-off would be held on Saturday December 7 th. Commissioner Brehler spoke regarding the appointment to the Eaton County Road Commission vacancy. Commissioner Augustine stated that the Grand Ledge Christmas Parade is to be held on December 6th. Commissioner Spence thanked the commissioners who attended the Annual Delta Township Community Awards Reception. He noted that Delta Township had passed an anti-discrimination ordinance in housing, employment and public accommodation. He commented regarding the community grant reinvestment applications through the Eaton County United Way. Commissioner Whitacre commented on the Community Grant countywide food plan. New Business: Commissioner Spence spoke regarding a resolution to expand the Eaton County Road Commission from 3 members to 5 members. Commissioner Mulder requested the matter be referred to Public Works and Planning Committee. Commissioner Brehler commented regarding public meeting notice requirements for the consideration of such a measure. No Unfinished Business or Old Business. Chairman Mulder adjourned the meeting to Tuesday, December 18, 2013 at 7:00 p.m. Chairman of the Board of Commissioners Clerk of the Board of Commissioners 10

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