MONTCALM COUNTY BOARD OF COMMISSIONERS Regular Meeting Monday, May 23, :30 PM

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1 MONTCALM COUNTY BOARD OF COMMISSIONERS Regular Meeting Monday, May 23, :30 PM The regular meeting was called to order by Chairman Carr at 1:30 p.m. The meeting opened with the Pledge of Allegiance. Pastor Denis Ross from Nevins Lake Church in Stanton offered invocation. Members present at roll call: Commissioners Reyburn, Lindeman, Kellenberger, Braman, Retzloff, Carr, Baker, Porter and Johansen. Members absent: None. Others present that signed in: Kristen Millard, Bob Clingenpeel, Luke Sawyer, Mike Kotenko, Brandon Allen, Trent and Amanda Moeggenberg, Dick Kepler, Dirk Chapin, Ray Holloway, Kim and John Davis, Lynn Toersey, Carol Reed, Marilyn Parr, Kathy Buskirk, Helen Hamler, Kathy Jo VanderLaan, James Solak, Jackie Kemler, Andrea Krause, Dawn Thurwachter, Debra Hollinshead, Shirley Pyle, Mark Bellinger, Jeremy Miller and Elisabeth Waldon. Moved by Commissioner Kellenberger supported by Commissioner Reyburn to approve the April 25, 2016 Regular meeting minutes and the May 9, 2016 Special meeting minutes as written. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Lindeman to approve the agenda with the following additions: #3 under New Business entitled Ad Hoc Remonumentation Grant Administrator; 2:15 p.m. Dr. Jennifer Morse; and 2:30 p.m. Angela Sova, Animal Control. Motion carried. Public comments were offered. Mike Kotenko, a Deputy employed with the Montcalm County Sheriff s Department for 14 years, addressed the board regarding the proposed cuts to the Sheriff Department. Deputy Kotenko was shot in the line of duty in October, He is angered and saddened that 8 to 9 county deputies will potentially lose their jobs due to budget cuts when those deputies are willing to put their lives on the line for the safety of others. He feels that public safety should be the last thing cut. Gisela Peek, Greenville, addressed the board regarding how much work has been put into the Animal Shelter to keep it in good working order and stated that services have vastly improved. Ms. Peek stated that in The Daily News article the Animal Shelter was the only department that proposed a decrease to their budget and all other departments requested increases. Cheryl McCloud, Newaygo, stated she runs the Lake Haven Rescue and has taken many animals from the Montcalm County Animal Shelter over the years. She noted the improvements to the Animal Shelter in the past year. She stated that the shelter may not be a mandated service but it s a necessary service. Mia Morgan, Stanton, addressed the board. She stated that she has volunteered at the Animal Shelter since she was 8 years old and doesn t understand why it s being cut. Her mother, Janelle Morgan informed the board that 3,602 people have signed the on line petition to save the Animal Shelter. Dawn Thurwachter, Edmore, addressed the board regarding the appeal of her Kennel License. She stated that June 1 st is the deadline for her kennel inspection and at this point there isn t time to meet that deadline. She is asking the board to waive that deadline if her appeal is granted. It is her hope this can be resolved soon. 1

2 Public comment was suspended for the 1:45 p.m. agenda item. At 1:45 p.m. Kathy Jo VanderLaan and Rob Spohr from Montcalm Economic Alliance were in attendance to present the board with the 2015 Montcalm Economic Alliance yearend report. They presented the board with a Powerpoint presentation on the Right Place s progress in Montcalm County. Mr. Spohr explained that the Right Place has currently 50 investors totaling over $480,000 over three years. He presented the board with a Business Development Coordinator Report which shows that there is an additional investment in Montcalm County totally $141,110,000, which includes both real and personal property. The return on investment is currently $1,033: $1. Ms. VanderLaan explained that there are currently 8 projects in the pipeline. If they all come thru it will be over $101,000,000 investment in Montcalm County. A copy of the presentation is on file in the County Clerk s Office. Ms. VanderLaan and Mr. Spohr left the board meeting at 2:03 p.m. At 2:03 p.m. Ms. Patricia Smith was in attendance to address the board regarding the closure of McCarthy Park. She stated that she started a petition to keep McCarthy Park open. The petition asked that the Board of Commissioners keep McCarthy Park open because it is a memorial park, named after Montcalm County Deputy Bill McCarthy who died in the line of duty. Ms. Smith stated that to close the park would be to dishonor his memory. Ms. Smith stated that residents of this county are emotionally attached to McCarthy Park. While the County is having to make difficult financial decisions she encourage the board members not to panic and make rash decisions. She is asking the board to find a better solution than closing McCarthy Park. At 2:14 p.m. Dr. Jennifer Morse, Medical Director for the Mid Michigan District Health Department, addressed the public health implications with shutting down Animal Control. She is concerned that the county could face future litigation if Animal Control were to be shut down. Laura Grosskopf, Public Health Nurse for the Mid Michigan District Health Department, was also in attendance and stated she works closely with Animal Control. Last year she processed 172 animal bites and 26 of those bites were sent in for testing for rabies. She stated that they had one positive bat return that had exposed two kittens, and Animal Control had to monitor those cats for two months. Ms. Grosskopf stated that Animal Control does play a vital role in helping protect the public health from rabies, which can be spread through bites and scratches. She stated that following an animal bite the Health Department relies heavily on Animal Control to find the animal, test and quarantine them. She stated that the residents of the county will be affected because health expenses will be incurred if the animal cannot be located. At 2:20 p.m. Angela Hollinshead, Animal Control Director, was in attendance to address the board regarding the proposed closure of Animal Control. She informed the board that Animal Control takes about 1,000 calls per year, deals with about 200 dog bite complaints and takes in between 900 and 1,200 dogs annually. She stated that elimination of Animal Control could be a large revenue loss because people won t purchase licenses since there would be no one to enforce licensing. She stated that the loss of Animal Control services is going to be detrimental to the residents of the county, therefore she is asking the board to consider restructuring the office instead of eliminating it. She also asked the board to consider keeping at least one Animal Control Officer employed, whether that be under the Sheriff or under the County Controller. 2

3 Ms. Hollinshead asked that action on the elimination of Animal Control be tabled today so there could be more discussion on the issue. She stated that she would need at least a couple of months to formulate a budget and find a solution to supplement the county allocated budget of $139,000. Commissioner Kellenberger asked about bringing in a non profit group and if they would be able to meet the needs of the Health Department. Ms. Hollinshead stated that she really isn t sure at this point. She stated that Midland County has Animal Control officers to take care of the health side of it, but they use a non profit for a shelter. Public comments resumed at 2:31 p.m. Dr. Jennifer Morse addressed the board again and stated that only an Animal Control Officer can order the quarantine of an animal. Dave Feldpausch, Director of Emergency Services, addressed the board regarding a request he has before the board today to reclassify one of his staff. He stated that the request is based on the streamlining of processes in his office which allowed him to eliminate one position. Mr. Feldpausch stated that his department is an example to other county offices on how to be more efficient. He asked the board to please not penalize the EMS Department for the shortfalls in the General Fund as his department is funded by a millage, not by the general fund. Kathleen Milthaler, Lake Haven, asked the board how they are going to draw people into the county that have pets. Lake County is the poorest county in Michigan and they have an Animal Control System that is up and running. She does believe that Montcalm County does need to look at getting a non profit group to come in and run the shelter. Nancy Jenkins addressed the board regarding the proposal that the Humane Society take over the Animal Shelter. She stated that the Humane Society is anti hunting and anti farming. She asked that the board please postpone any action on eliminating Animal Control until more research can be done. Helen Hamler, Vestaburg, addressed the board and asked the board to table any action on cuts to Animal Control. She stated the Shelter s budget is very small when compared to other departments and while she understands the urgency, she suggested the board slow down in taking action. She stated that it takes nearly a year to become a 501c3 Non Profit Organization, therefore time is needed. Kristen Millard, County Clerk, provided the board with three PA 116 Farmland Agreements for Wayne, Mary, Keith and Heather Waldron. Approval has been received from the Conservation District as well as the Montcalm County Planning Commission. Moved by Commissioner Retzloff, supported by Commissioner Johansen to approve PA 116 application numbers , , for Wayne, Mary, Keith and Heather Waldron. Motion carried. Dave Feldpausch, Emergency Medical Services Director, provided the board with a request to allow EMS to adjust the In County Discount rates so the balance is equal to that allowed by Medicare and consistent with the Centers for Medicare & Medicaid Services fee schedule. Moved by Commissioner Retzloff, supported by Commissioner Baker to allow EMS to adjust the In County Discount rates so the balance is equal to that allowed by Medicare and consistent with the fee schedule published annually by Centers for Medicare & Medicaid Services. Motion carried. JoAnne Vukin, County Treasurer, provided the board with a list of properties that she will be selling at public auction in August, Moved by Commissioner Retzloff, supported by Commissioner 3

4 Lindeman to place the list of properties that will be sold at public auction by the County Treasurer on file. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to approve consent agenda items 4 through 10 and move stated action: Controller AAAWM Match Requirements for Federal and State Funding Place on file Controller Crystal Township Police Protection Agreement, 2016 Place on file Controller BCBSM Montcalm County Inmate Services Contract Place on file Controller I.T. Infrastructure Project, Exchange Migration Place on file Scott Minard Dodge Report, April 2016 Place on file Controller Solid Waste Management Committee Minutes, April 21, 2016 Place on file Controller Planning Commission Committee Minutes, May 16, 2016 Place on file Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to approve and adopt RESOLUTION RESOLUTION TO WITHDRAW FROM AND APPROVE THE DISSOLUTION OF THE CENTRAL AREA MICHIGAN WORKS CONSORTIUM: WHEREAS, the Central Area Michigan Works! Consortium (CMWC) was established through a Charter/Agreement pursuant to the Michigan Constitution of 1963, Article VII, Section 28, and 1967 PA 7, as amended, begin MCLA , et seq, in June and July of 2000, entered into by the Counties of Gratiot, Ionia, Isabella, and Montcalm; and WHEREAS, this Charter/Agreement provide that: The CAMWC is hereby established for the purpose of providing various workforce development programs and other services for the economic developments of the four county region; and WHEREAS, this Charter/Agreement also provided that This Charter shall continue in perpetuity; but provided that each of the participating Counties could withdraw; and WHEREAS, the State of Michigan hs no longer designated the CAMWC to provide the workforce development programs within the four county region; and WHEREAS, the change will cause significant harm to local farmers, stall the development of businesses, take control of land used for sustainable food production out of our local providers' hands, and negatively impact county owned and maintained infrastructure such as roadside ditches and county drains; and WHEREAS, Michigan has robust programs to protect water quality in our state; and WHEREAS, the rule change would bring enormous costs to our farms, municipalities and taxpayers. THEREFORE, in consideration of the foregoing, BE IT RESOLVED that the Montcalm County Board of Commissioners of Montcalm County wholly support preventing the furtherance of the U.S. Environmental Protection Agency and the Army Corps of Engineers proposed rule expanding the definition of "Waters of the United States" and requiring these agencies to work with state and local governments on rule development; and BE IT FURTHER RESOLVED that copies of this Resolution be provided to all Michigan Counties, Gov. Rick Snyder, the Michigan Association of Counties and representative members of the Michigan congressional delegation. 4

5 Moved by Commissioner Kellenberger, supported by Commissioner Reyburn to appoint Mike Adams to the Parks and Recreation Commission as a Montcalm Alliance representative. The term expires when his term of office expires with Montcalm Alliance. Motion carried. Moved by Commissioner Kellenberger, supported by Commissioner Porter to hire a contractual employee to sell advertisements for the Discover Montcalm publication. Moved by Commissioner Lindeman to table action on this motion. Motion to table failed for lack of support. Original motion carried with Commissioners Lindeman and Retzloff voting no. Moved by Commissioner Kellenberger, supported by Commissioner Retzloff to place the May 3, 2016 Parks and Recreations Commission minutes on file. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Reyburn to approve and adopt a RESOLUTION, EPA and Army Corp of Engineers Implementation for Regulations for Defined Waters of the U.S. under The Clean Water Act: WHEREAS, in August 2015, The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) implemented a regulation for the Definition of Waters of the U.S. Under the Clean Water Act, which has since been temporarily halted by the 6 th U.S. Circuit Court of Appeals; and WHEREAS, both agencies are seeking a rule change to give the federal government more authority by expanding the definition of "navigable waters" in the Clean Water Act; and WHEREAS, that under the rule change, Michigan's Wetlands Law will be in violation of the Clean Water Act; and WHEREAS, if Michigan loses delegated authority and must work directly with the Corps, the agency can take months or years to answer a permit application, and can even deny permits with impunity; and WHEREAS, the change will cause significant harm to local farmers, stall the development of businesses, take control of land used for sustainable food production out of our local providers' hands, and negatively impact county owned and maintained infrastructure such as roadside ditches and county drains; and WHEREAS, Michigan has robust programs to protect water quality in our state; and WHEREAS, the rule change would bring enormous costs to our farms, municipalities and taxpayers. THEREFORE, in consideration of the foregoing, BE IT RESOLVED that the Montcalm County Board of Commissioners of Montcalm County wholly support preventing the furtherance of the U.S. Environmental Protection Agency and the Army Corps of Engineers proposed rule expanding the definition of "Waters of the United States" and requiring these agencies to work with state and local governments on rule development; and BE IT FURTHER RESOLVED that copies of this Resolution be provided to all Michigan Counties, Gov. Rick Snyder, the Michigan Association of Counties and representative members of the Michigan congressional delegation. 5

6 Roll call vote: Ayes: Commissioners Porter, Johansen and Reyburn. Nays: Carr, Baker, Lindeman and Kellenberger. Motion failed. Commissioners Retzloff, Moved by Commissioner Johansen, supported by Commissioner Lindeman to place the May 9, 2016, Economic Development and Physical Resources Committee minutes on file. Motion carried. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to place the May 9, 2016, Health & Human Services Committee minutes on file. Motion carried. Moved by Commissioner Baker, supported by Commissioner Kellenberger to allow the Prosecutor to hire a temporary, part time clerical worker, up to 24 hours per week, for an employee on sick leave. Motion carried with Commissioner Carr voting no. Moved by Commissioner Baker, supported by Commissioner Porter to allow Animal Control Department to move funds from other supplies to conference training in the amount of $ to attend the Society of Animal Welfare Administrators Conference. Motion carried. Moved by Commissioner Baker, supported by Commissioner Porter to reclassify the EMS Account Billing Manager 1 to Accounts Billing Manager II. Motion carried with Commissioner Carr voting no. Moved by Commissioner Baker, supported by Commissioner Kellenberger to allow the Register of Deeds to spend $82,000 from the Automation Fund to Fidlar Technologies for the back file conversion project. Under discussion Chairman Carr stated that he spoke with the Register of Deeds this morning and while she has the funds in the Automation Fund she is asking that this motion be tabled today and referred to the County Controller. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to table this motion and allow the Register of Deeds and Controller to work together on this file conversion project. Motion to table carried. Moved by Commissioner Baker, supported by Commissioner Retzloff to recommend the closing of the parks with the exception of Camp Ford Lincoln and Artman Park. Under discussion Commissioner Reyburn stated that Patricia Smith had reserved McCarthy Park and paid a deposit of $200 on the park. He asked if those reservations would be honored. Chairman Carr stated that anyone who had made a reservation and paid a deposit would be honored. Commissioner Lindeman stated that he does not feel a motion to close the parks is in order at this time. He feels the board needs to do more work and develop a plan on how that closure would occur. Moved by Commissioner Johansen, supported by Commissioner Lindeman to table the motion to close the parks until the next regular board meeting. Motion to table carried with Commissioner Carr voting no. Moved by Commissioner Baker, supported by Commissioner Retzloff to close Animal Control and assign the Controller to look into a Humane Society type organization to take in animals that need to be quarantined similar to other agencies. Under discussion Commissioner Reyburn stated that $123,800 in revenue is brought in for dog licenses and other various fees. He does not feel it is appropriate at this time to eliminate Animal Control. Commissioner Retzloff stated that while he made the motion to close the Shelter it is not worded the way he meant it so he will probably vote against the motion himself. 6

7 Commissioner Johansen proposed amending the motion to extend the decision on closing the shelter until the August board meeting to direct the Animal Control Director and the Controller to work on possible solutions. However the amendment changed the intent of the motion, therefore Commissioner Johansen withdrew his motion to amend. Motion to close Animal Control failed. Moved by Commissioner Baker, supported by Commissioner Lindeman to approve warrant number in the amount of $1,136, and warrant number in the amount of $160, Motion carried. Moved by Commissioner Baker, supported by Commissioner Kellenberger to place the May 9, 2016, Finance and Personnel Committee minutes on file. Motion carried. Moved by Commissioner Retzloff to have the Controller/Administrator work with Animal Control to come up with a reorganization plan. Motion failed for lack of support. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to continue with electronics recycling and charging the fee of.20 cents per pound until it s no longer sustainable. Motion carried with Commissioner Lindeman voting no. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to place the May 19, 2016 Solid Waste Management Planning Committee minutes on file. Motion carried. Bob Clingenpeel, Controller/Administrator, informed the board that on June 13 th, he and department heads will be meeting with the Finance Committee to make recommendations. He suggested that cuts be made immediately following those committee meetings. Moved by Commissioner Baker, supported by Commissioner Retzloff that a special Board of Commissioners meeting be scheduled June 13, 2016 at 1:30 p.m. Motion carried. Mr. Clingenpeel reported that he met with the auditor this morning and stated that a full report will be presented at the June, 13, 2016, meeting. Motion carried. Commissioner Johansen asked to be replaced as the Remonumentation Grant Administrator. Moved by Commissioner Johansen, supported by Commissioner Lindeman to appoint Bob Clingenpeel as the Remonumentation Grant Administrator. Motion carried. Moved by Commissioner Lindeman, supported by Commissioner Retzloff to allow the Health Department to restrict access to the large delivery trucks and to approve the Health Department to pay for all costs incurred. Motion carried. Public comments were offered. Bill Grice, Pierson Township, addressed the board regarding the Whitefish Lake Sewer meeting will be on May 31 st. He asked for the cost of the payoff. He left a packet for the board members to review. I Dawn Thurwachter, Edmore, addressed the board again and asked if it was possible to get a decision today regarding her kennel license. Chairman Carr stated that this is only public comment and it is his hope that action will be taken soon and would make it retroactive. 7

8 Commissioner Kellenberger addressed the board reminding them that the Montcalm Care Network is having their 50 th bday party May 25 th and the board of commissioners is being recognized at 4 p.m. Commissioner Johansen asked for the sound system to be looked at before the next meeting. Moved by Commissioner Retzloff, supported by Commissioner Lindeman to adjourn at 3:54 p.m. Motion carried. Kristen Millard, County Clerk Patrick Q. Carr, Chairman 8