Charlevoix County Board of Commissioners February 10, 2010
Page 27 February 10, 2010 CHARLEVOIX COUNTY BOARD OF COMMISSIONERS
FEBRUARY 10, 2010
The Chairman called the meeting to order at 9:30 a.m. Present were Commissioners Christensen, Reinhardt, Roloff, Evans, Drebenstedt and Tripp, 6.
Chairman Evans led the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Drebenstedt and supported by Commissioner Reinhardt to approve the minutes of the January 27th meeting as presented. Motion carried. Vote: 6.0
Motion by Commissioner Tripp and supported by Commissioner Roloff to approve the minutes of the January 28th meeting as presented. Motion carried. Vote: 6.0
UNSCHEDULED PUBLIC COMMENT ON CURRENT AGENDA ITEMS
No public comment
DEPARTMENT HEAD COMMUNICATIONS
The Board reviewed the budget status and investment report for January. Commissioner Christensen would like to start the budget process early. The Board would like to have Betsy Mason attend the Board meeting as soon as she has revenue figures available for property taxes to enable the Board to start the budget process earlier.
Marilyn Cousineau was available to answer questions concerning her investment report. Also addressed were both the correspondence and minutes from the Planning Commission. The Planning Commission would like to have a joint meeting with the County Board.
The Board agreed to meet with the Planning Commission on Monday, March 1, 2010 at 7:00 p.m. The Clerk was instructed to send a memo to the Planning Commission to see if this date is acceptable to them.
Correspondence was received from Nelson Fletcher asking the Board to clarify the Resolution passed on January 27, 2010 concerning the Registration fee. He would like the resolution to be changed as follows:
WHEREAS, the Building Official has requested the authority to charge a $15.00 registration fee prior to obtaining a contractor’s first permit of the new registration cycle; and
WHEREAS, this fee would be a one time fee on only electrical, mechanical and plumbing contractor licenses for each license cycle during which a permit application is received (currently the cycle period is three years); and….. Motion by Commissioner Reinhardt and supported by Commissioner Roloff to adopt this clarification of the Registration Fee Resolution. Motion carried. Vote: 5.1 No on the motion: Commissioner Tripp.
UNFINISHED BUSINESS
Lyn Johnson:
Mr. Johnson, Emmet County Controller, met with the Board to explain how the Land Bank works in Emmet County. They have been in operation for approximately 6 months and have received some criticism from persons that were hoping to pick up property that was taken by the Land Bank. They have about 6 properties and the only downside is the time commitment involved. Emmet wants to put property back on the Page 28 February 10, 2010
tax rolls and provide affordable housing. There will be some cost to the county to set this up.
Commissioner Roloff does not feel that there is a need in this area, but she can see where it is beneficial in the larger downstate counties.
Mr. Johnson does not feel that the idea is to take any property away from anyone; the properties involved are properties that were lost and had gone to tax sale. The Land Bank Authority can sell it back to the persons that lost it. The Land Bank Authority can buy, sell, fix up and enter into partnerships. They are interested in putting more people into affordable housing and entering into partnerships that will enable them to attain their goal.
Commissioner Reinhardt asked if the Land Bank can take property if someone is interested in bidding on the property.
Mr. Johnson said that once you are through the redemption process then the Land Bank could have the opportunity to take the property. The concept of a Land Bank is not to accumulate large amounts of property; the concept is to turn the property back to the tax rolls as soon as possible. You can hang onto the property as long as they want, or turn around and sell it the next day.
Commissioner Drebenstedt asked how long a county would hang on to properties due to the economy and the low property sales.
Mr. Johnson said that as long as the County has the property it is off the tax rolls, but that is not the intent. The intent is to rehabilitate the property and put it back into service.
The Board proceeded to ask Mr. Johnson specific procedural questions concerning obtaining and selling properties through a Land Bank Authority.
Mr. Johnson said that a Land Bank Authority can be set up anyway that the Board would like.
Marilyn Cousineau told the Board that Antrim County is now in the process of creating a Land Bank. The Genesee County Treasurer has now resigned and has been appointed as the head of Land Bank Education in Washington D.C. to coordinate education on Land Banks throughout the entire United States.
Chairman Evans agrees with the Land Bank concept, it is up to Charlevoix County to set it up the way they want and how they handle it is what is important.
Sheriff W. D. Schneider:
Sheriff Schneider updated the County Board on the issue facing the City of East Jordan. East Jordan is looking at having a major financial problem and is considering limiting their police department to alleviate some of their expenses. The Sheriff has asked the City of East Jordan to investigate different scenarios to cut costs.
Commissioner Reinhardt asked if the City was considering closing the doors to their police department and turning over enforcement to the County. The Sheriff indicated that was one option. He has researched the cost of providing a full-time deputy to patrol the City. The cost is approximately $83,000 for all of the costs of an officer only; it does not include any other costs, vehicle costs to name one.
Commissioner Christensen asked what was to stop other cities from doing the same thing. There is nothing to stop them.
Chairman Evans asked what level of service is the county required to provide. Sheriff Schneider said that according to statute, they are statutorily required to provide Page 29 February 10, 2010
safety for the county. Chairman Evans asked if the Sheriff and Undersheriff feel that a city police department is necessary.
The Sheriff feels that a presence is necessary because of the city ordinances that need to be enforced. He does not know what East Jordan is going to do; he just wanted the Board to be aware of what the County might be looking toward.
Commissioner Reinhardt asked if the city has to cut their police department, then the County will have to cover during the hours that they have no one on duty.
The Sheriff also wanted to discuss SANE. Both Lt. Ken Mills and Chet Wilson from MSP were present to answer questions concerning SANE. 95% of their operational budget is personnel and vehicles. Charlevoix County is a member of SANE and provides an officer and a vehicle towards the program.
SANE provides the County with office space, 5 officers, vehicles and approximately $7,000. There are budget issues and they are in the red every year which is made up from forfeiture dollars. The forfeiture dollars are dwindling every year. Officer Wilson has advised the SANE board to do away with the position of a SANE prosecutor, a position that he felt was a luxury that they could no longer afford. The SANE Board disagreed and kept the position.
Chairman Evans asked for comments from Sheriff Schneider, Undersheriff Vondra and Chief Assistant Prosecutor Shaynee Fanara.
Sheriff Schneider asked how we can justify the cost when other counties are not carrying their financial load and Charlevoix County is carrying more.
Undersheriff said that this boils down to dollars. We provide an officer and a vehicle and other counties provide very little in comparison.
Shaynee Fanara said the reason they started having meetings was because it looks like SANE needs to use approximately $120,000 from forfeiture funds and last year they received less than $30,000 and the year before approximately $40,000 to replenish the forfeiture fund. At this rate the forfeiture funds will be exhausted at the end of this year. Ms. Fanara went over the figures and what they had suggested that SANE cut and how things could be run differently to maximize the funds available. SANE is not interested in changing how they run things. The Activity report, shows that for three months, Charlevoix County had only 3 arrests which she feels is not enough activity to warrant going $120,000 in the red.
Commissioner Christensen said that he has been in on these discussions concerning budgets in the past. He believes that it is family first and Charlevoix County is their family. He would like to scale back Charlevoix County’s participation and bring back our officer to handle our own family and give them cash to mirror what other counties are doing.
Commissioner Reinhardt said that in the United States there are police departments that run on forfeited funds. He thinks that Charlevoix County is putting in more money and getting the same service that the counties that do not put anything into the program.
Sheriff Schneider wants to be clear that the integrity of SANE is not in question; it is just a matter of dollars and the bottom line.
Shaynee Fanara said that she does not believe that SANE pads their numbers, the only reason she discussed budget was that Otsego County provides $1,000 and the City Page 30 February 10, 2010
of Gaylord donates $5,000 and they had approximately the same number of arrests that Charlevoix County has had.
A lengthy discussion followed concerning the advantages of SANE, the cost and the benefit to Charlevoix County.
Mr. Wilson would like to respond to the financial commitment that Otsego County makes. They do make a small financial commitment and there is an officer at the Gaylord State Police post that is provided. Charlevoix County is getting a larger portion of the grant money in comparison.
Chairman Evans said that we could talk about this for a long time and Charlevoix County has great respect for the State Police, but the question is whether they stay with SANE in the same capacity that they are in now or change the current financial arrangements or remove ourselves from SANE entirely.
Sheriff Schneider asked if real estate wise is SANE too big. In other words should the team be divided into two teams instead of having one team that includes the Upper Peninsula?
Chairman Evans said that it will be up to the Board to decide what direction they need to go. We are talking to our legal counsel and the Sheriff to make a decision on this matter.
Commissioner Christensen would like to consider bringing our officer home at the present time and just provide cash commitment to SANE.
Kelly Martin:
Kelly Martin along with Frank Hamilton, members of the Phragmite Steering Committee, told the Board the progress that they have made. She handed out copies of their Invasive Phragmites Steering Committee Report. Ms. Martin briefly went over their report with the Board.
Ms. Martin told the Board where they are now and what they plan on doing next.
The Board asked questions concerning the cooperation they received from property owners and the one or two property owners that would not give permission to treat the Phragmites.
Beaver Island had almost 30 acres to deal with when they took on the problem. It has never reached that point on the mainland.
Frank Hamilton said that their purpose for being here today was twofold. One was to update the Board on the control of the Phragmites. The committee that they have in place needs to have projects to work on and invasive species do include the cormorants.
Mr. Hamilton would like the Board to provide one county employee along with community service help to cut down the dead Phragmites so any new shoots can be treated. Or perhaps the Sheriff could provide them with inmates to help with the removal of phragmites.
Commissioner Christensen objects to having any county employee going on private property to do anything.
Sheriff Schneider indicated that Community Corrections has many individuals that have community service commitments and perhaps there would be some help there.
Ms. Martin said that it was not their intent to ask for a county employee being paid by the county to do the work. The person in question has the expertise to take care of the problem. Page 31 February 10, 2010
Chairman Evans wants Ms. Martin to know that she has done a wonderful job with the Phragmites.
Frank Hamilton reported that there is a window to remove the dead plants and it has been determined to be April 15th.
Motion by Commissioner Tripp and supported by Commissioner Reinhardt to allow Marc Seelye to work on the Phragmites at a cost not to exceed $3,000. Discussion on the motion. Commissioner Christensen stated that the reason for cutting the hours for Mr. Seelye in the first place was for budgetary purposes. Sheriff Schneider said that inmates could do the work, but his concern is the cost of paying a bailiff to monitor the inmates out of his budget. Commissioner Reinhardt would like to see Mr. Seelye do the training to teach community service persons what to do with the dead phragmites. Shaynee Fanara feels that there is a liability issue with using a county employee. Motion carried. Roll Call Vote: Yeas, 4 Nays, Commissioners Evans and Christensen.
UNFINISHED BUSINESS
Diane Gustin:
Ms. Gustin is uncomfortable going in front of the Board because she feels she was being attacked when all she wanted was an inspection. She understands that Nelson Fletcher has gone to other building departments and they don’t want to do the inspection either.
Chairman Evans asked if Mr. Fletcher told her that the State does not have an answer for her yet. She was aware of that. Mr. Fletcher will be notifying her as soon as the State gets back to him with any information for her.
NEW BUSINESS
No new business.
COMMITTEE REPORTS:
Commissioner Tripp reported that Larry Sullivan did a very good job of laying out an extended plan for the Planning Commission. She would like the Building & Grounds Committee to work on a five year plan also.
Commissioner Roloff reported that the Road Steering Committee will be holding a meeting shortly on what roads will be done next. Northwest Design Group does not have the engineering done yet. As soon as it is finished the Steering Committee will meet.
Commissioner Reinhardt reported on a meeting he attended in Mackinaw. The State is looking for a $.04 per gallon increase on gas.
Commissioner Drebenstedt reported on the Substance Abuse meeting where they were still discussing cost cutting measures. After the Health Department meeting, he was approached by the head of the dental clinic concerning Veteran’s. Dental benefits have been dropped for adults in the welfare system and he asked if they could bring the Veteran’s into the program if they qualify. Commissioner Drebenstedt received support from several state organizations to push forward with dental benefits for any adults that qualify for Medicaid. Commissioner Drebenstedt will be meeting with someone on Friday that can help.
Commissioner Christensen talked to Eric Grandstaff that was formerly the head of technology at North Central Michigan College. He is now with Merit which has received a large amount of money to provide Broadband in Northern Michigan. Broadband will be putting fiber up M-66 through East Jordan to the south side of Charlevoix and to either Page 32 February 10, 2010
Behling Road or Advance. Charlevoix County will be receiving the fiber optics it is just a question of when.
RESOLUTION-APPROVE COUNTY EXPENDITURES (#10-025)
Motion by Commissioner Tripp supported by Commissioner Drebenstedt that the bills in the amount of $1,885,955.90 be approved as follows:
WHEREAS, the Charlevoix County Audit Committee reviewed the January invoices on the 28th of January; and
WHEREAS, the total expenditures for the month of January is $1,885,955.90; and
WHEREAS, the Audit Committee recommends that the above invoices be approved for payment by the entire Board;
NOW THEREFORE BE IT RESOLVED, that the Charlevoix County Board of Commissioners accepts the above recommendation and approves the January expenditures in the amount of $1,885,955.90. Roll Call Vote: Yeas, Commissioners Evans, Tripp, Roloff, Christensen, Drebenstedt and Reinhardt. Motion carried.
RESOLUTION-AGREEMENT REGARDING NON SKILLED COMMUNITY HEALTH NURSING SERVICES (#10-026)
Motion by Commissioner Drebenstedt supported by Commissioner Tripp that the following resolution be adopted:
WHEREAS, an agreement between Charlevoix County and the Northwest Michigan Community Health Agency has been received and reviewed by the Internal Government Committee; and
WHEREAS, this agreement is to provide non-skilled community health nursing services to the residents of Charlevoix County age 60 or over; and
WHEREAS; the Internal Government Committee recommends that the entire Board adopt this agreement;
NOW THEREFORE BE IT RESOLVED, that the Charlevoix County Board of Commissioners hereby accepts the above recommendation and authorizes the Chairman to sign said agreement. Motion carried. Vote: 6.0
CORRESPONDENCE AND COMMUNICATIONS
Correspondence was received and reviewed from: Joseph F. Seidel, Robert Draves, Jr, Department of Natural Resources & Environment, Jason Allen, MAC Legislative Update and the Northwest Michigan Council of Governments.
Commissioner Drebenstedt talked about how the COA has lowered the number of members on their Board and he would like to see the same thing happen on the Planning Commission. Commissioner Reinhardt agrees and would like to see no appointment made to replace Mr. Seidel on the Planning Commission. Commissioner Tripp thinks that there needs to be someone appointed because Mr. Wieland will be out for a while.
Commissioner Christensen knows that we have to re-do the Planning Commissioner ordinance. He would like to wait until the County does their part. The Clerk was instructed to publish a notice concerning an opening on the Planning Commission due to the resignation of Mr. Seidel.
A letter received from the DNR concerning the cormorants was reviewed by the Board. Mr. Haggard was present at today’s meeting and was provided a copy of the letter to enable him to contact them directly.
The letter from Jason Allen concerning “Good time credits” was addressed by John Jarema. The more criminals that are released, means that more will be coming Page 33 February 10, 2010
home and much sooner. The Prosecutor’s are against it but if the bills pass there is nothing that they can do. The bills will make this retroactive concerning “good time”. This is another unfunded mandate.
Sheriff Schneider responded that the Michigan Sheriff’s Association is also opposed to this legislation. The bottom line that everyone forgets about is the victim that thinks the defendant will be gone for a specific length of time, and then it changes.
Commissioner Reinhardt said that other states have “good time”, and asked if the statistics concerning crime increased in the other states due to the good time release. John Jarema will check on the statistics and present a resolution at the next Board meeting to send on to the legislature concerning good time.
ANNOUNCEMENTS
No announcements.
UNSCHEDULED PUBLIC COMMENT
Eric Beishlag met with the Board and handed out a letter concerning the employee/employer relationship at Grandvue. He is here as a buffer between the employee and employer. He knows that he is told that the County Board has nothing to do with the Grandvue Board although the County Board appoints 2/3 of the Board as well as the liaison. Mr. Beishlag went over his concerns that are outlined on his handout. He will be meeting with the DHS Board at their next meeting.
Kathy Helsley is attending today as a taxpayer. And she is requesting that the County Board investigate this matter since her husband was one of the nurses terminated and escorted off the Grandvue property without any explanation as to why he was being terminated. Neither she nor Mr. Beishlag is willing to drop this matter.
Janet Renkiewicz, one of the nurses that were terminated after 13 years with a spotless personnel record also addressed the Board. Her concern is the treatment that the staff is receiving under the current administration. She worked under Penny Drury and the staff was never treated as they are now. She is begging the Board to follow up on this.
John Vrondran, Eveline Township Supervisor, has heard these comments from others that work there and the Board does need to follow up on this since the next time the Grandvue millage comes up for renewal, it may not pass.
Commissioner Reinhardt feels that there is something not right.
Commissioner Christensen wants the County Board to define their role concerning this before they get involved. He would like the DHS Board to meet before the County Board meets with them.
Sheriff Schneider, Shaynee Fanara and John Jarema wanted to bring up the SANE issue again. The Sheriff heard some good suggestions today. The Sheriff’s office is prepared to pick up the ball with the help of the Prosecutor’s office if the Board is willing to make a decision today. The Sheriff feels that Commissioner Christensen had a good idea about pulling our officer to take care of our family and give SANE the same amount of cash that other counties are giving them.
Shaynee Fanara reported that there are very few SANE cases to justify the officer. SANE is a great outfit, but they are spread too thin to give us the coverage that we need.
Commissioner Christensen said there are some fundamental issues concerning paying a prosecutor $40,000 to cover the entire area and paying two supervisors $80,000 each to cover only half of the area each. Page 34 February 10, 2010
Chairman Evans would like to recommend that we pull out of SANE, he has been to SANE meetings and they are not willing to compromise.
Commissioner Christensen feels that it would be a political issue to pull out completely. We just need to have the same financial obligation that Otsego County has.
John Jarema will have no problem picking up the caseload with a new assistant prosecutor coming on board later in the year. Otsego County has double the arrests and only contributes $1,000 towards the program.
Commissioner Reinhardt would like to see Charlevoix County contribute more than Otsego County contributes.
The Chairman would like to see a motion to remove the officer from SANE.
Commissioner Drebenstedt would like to postpone this matter to another meeting since it is not on the agenda. It will be placed on the next Board meeting.
Commissioner Tripp wanted to know what is going on with the Health Department building. Perhaps we should drop the health department building if no decision can be made and look at other property. John Jarema needs to get the information from the health department he will provide it to the Board as soon as he gets the information from the health department’s attorney.
COMMISSIONER COMMENTS
The Clerk spoke on Frank Shaler’s behalf concerning bids that he has received. He has bids coming back on Friday and he would like the permission of the Renovation Committee to meet with the engineer and open the bids to assure that all of the bids are for the same thing. Commissioner Roloff does not feel that they can be opened anywhere but in an open meeting. Chairman Evans asked if it could be set up with Frank Shaler to meet with the engineer and the Renovation Committee. Mr. Shaler will contact the 3 members of the Building & Grounds Committee to set up a time for a meeting and enable the Clerk to post the meeting.
Commissioner Reinhardt reported on a letter that Chairman Evans has from Boyne Valley concerning fighting the appeals with the Tax Tribunal. Boyne Valley has asked to be on the next Board meeting agenda. If Boyne Mountain was to win this case, there are many other businesses waiting to also fight their taxes. They want the County to be involved. Is this a county issue or is it just a township issue? John Jarema would like the Clerk to check with the auditor to see whether we can put money into this legal fight.
Commissioner Drebenstedt wanted to thank everyone that went to the Castle on Saturday. Commissioner Drebenstedt said that Earl Muma has talked to him about not being paid a fee that he has received for the last 5 years, he told him he would check into it for him.
Commissioner Drebenstedt asked how the search for the executive director is going. David Emmel stated that they have received 8 additional applicants The Personnel Committee will hold a special meeting on Friday, February 19, 2010 to hold more interviews.
Chairman Evans said that he has received a call concerning the COA Board that in addition to the liaison there were 2 other commissioners present. The person that was called asking why so many Board members are being paid when the Board is asking everyone else to cut back. He just wanted to bring it to everyone’s attention. Page 35 February 10, 2010
Moved by Commissioner Reinhardt and supported by Chairman Evans to adjourn the meeting at 12:45 p.m.
JOEL EVANS, CHAIRMAN CHERYL POTTER BROWE, COUNTY CLERK
