Members Present: Chris Swope, Marc Thomas, Debbie DeLeon, Curtis Hertel, Mike Severino and Board Chairperson Victor Celentino
Members Absent: John Nevin
Others Present: Jerry Ambrose, Harold Hailey, Bob Moore, Christine Timmon, Comm. Weatherwax-Grant, Bruce Bragg, Terri Younger, Donna Rummel, Joseph Chartkoff, Kerry Chartkoff, Craig Whitford, Susan Aten, Mike Gresens, Gordon VanWieren, Kathleen Rodgers, Howard Love, Timothy Perrone, John Daher, Jose Samber, Steven Hayward and others
The meeting was called to order by Chairperson Swope at 7:08 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the April 6, 2004 Minutes
MOVED BY COMM. DELEON, SUPPORTED BY COMM. HERTEL, TO APPROVE THE APRIL 6 MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY. Absent Comms. Nevin and Severino
Additions to the Agenda
3b. Recommendation to Authorize Starting Salary
3c. Resolution to Transfer Funds to Temporarily Expand Dental Access to Deal with Emergency Needs
8d. DEQ - Notice Regarding County's Eligibility for Membership on the Upper Grand River Watershed Council
Limited Public Comment
Ms. Timmon spoke regarding a problem she experienced with the County's email system. She then expressed her concerns regarding agenda item number 8a.
(Comm. Severino arrived at 7:14 p.m.)
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
c. Resolution to Transfer Funds to Temporarily Expand Dental Access to Deal with Emergency Needs
7d. Controller's Office - Resolution Approving a Deficit Elimination Plan
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Nevin
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DELEON, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
Mr. Ambrose explained that this Resolution would end the County's lawsuit against Lansing Charter Township, and under the authority of the Urban Cooperation Act, would allow the capture of up to $11 million of County property taxes over as many as the next 30 years. The captured County property taxes would be used to pay for a portion of eight infrastructure projects in the area in and surrounding Eastwood Towne Center (Center). The initial capture year would be 2003, with a capture of $122,000. The $122,000 is 80% of the property tax growth which has occurred in the area primarily as a result of the construction of the Center. This amount would increase annually as values increase and as new development occurs. Only 80% of the increased value can be captured each year.
Mr. Daher, Lansing Township Supervisor, stated he was very happy to be here this evening. He appreciated meeting with this Committee. This meeting is very important to Lansing Charter Township (Township). Mr. Daher further stated that, according to the Open Meetings Act, the Township is holding its board meeting at this time. Members of the Township Board are in attendance tonight.
Mr. Daher stated that as a result of court ordered mediation, a satisfactory agreement has been reached between the Township and the County. He further stated that without the County's participation, the Township's vision may not be realized. Mr. Hayward, Township, stated two nationally recognized consulting firms have studied the Township's plans. The studies indicated the plans are viable. He further stated the County will receive a return on its investment. This return should double in the future.
Chairperson Swope asked if the two studies assessed the number of jobs and development which would be new versus relocated. Mr. Hayward stated the studies did not provide any percentages regarding this matter. The studies recognized the expansion of jobs, population, the retention of General Motors, etc. which would result from the proposed plans. Retail business will be centered around the Center. The remaining growth will include housing, light industrial and an urban village.
Mr. Hayward addressed further questions from Chairperson Swope. He explained that specific projects may not be implemented if the financing mechanism is not in place. He further explained that some projects are contingent on right-of-way issues. Chairperson Swope asked if a proposed project is not feasible under the current Agreement, would the money designated for that project be spent on other projects within the Agreement. Mr. Ambrose explained that if a project is deemed unfeasible, the Township will request an amendment to the Agreement.
Chairperson Swope expressed his concern regarding some of the larger projects contained in the Agreement. Mr. Hayward explained that some utility lines, referred to in Exhibit B, will need to be buried underground where necessary so that the proposed sidewalk may be completed.
Comm. Hertel requested an update regarding the two remaining lawsuits against the Township. Comm. Grebner stated discussions are currently taking place to reach settlement agreements in the two cases.
Comm. Thomas asked when the County would be provided with more descriptive and detailed project plans. Mr. Hayward stated the Township will now prioritize the projects and determine actual costs and time commitments for the projects. Mr. Ambrose explained the Township will provide periodic updates to the County. Mr. Ambrose stated the Agreement provides that the Township will provide Progress Reports beginning January 15, 2005 (Section 2, part 5). The Report shall describe the capture and the expenditure of Ingham County tax revenues, a timetable for the commencement and completion of the projects identified in the Project List, Exhibit B. Also the Report will include the progress made towards the construction and completion of the projects. The annual Reports will continue until one year after the Township ceases the capture of County tax revenues pursuant to this Agreement.
Comm. Thomas asked the Township how they view the proposed arrangement between the Township and the County. Mr. Hayward stated he views the arrangement as a partnership between the Township and the County. Also, Mr. Hayward stated the Wood Road sewer project has already started. Therefore, the Township can provide a project status shortly. With the exception of the Footbridge, the Township hopes to complete its plans within three years.
Comm. Thomas asked what the Township would do if the County proposed an alternative timetable. Mr. Hayward stated the Township would need to see the proposed alternative before he could respond. He hopes the County and the Township will have a good partnership. Comm. Thomas asked if there would be an equitable partnership in regards to project oversight and project expenditures. Mr. Daher stated the Township Board would need to discuss this matter. It is not prepared to address that question tonight.
Mr. Daher further stated the Township is not adverse to a partnership. This issue did not come up during the mediation process. Mr. Hayward stated the Township would seek the advice of Mr. Hanieski in regard to the plan projects.
Comm. Severino asked if the proposed Agreement is comparable to other County agreements of this nature. Mr. Ambrose stated the County only has one other comparable situation. This situation involves Stockbridge. The County also has a DDA status agreement with Delhi Township. These agreements do not require a specific timetable.
Comm. DeLeon stated she like the direction and compromises made regarding this proposed Agreement. She then stated her concern as to why the developers did not contribute more to the infrastructure. Mr. Hayward explained that the developers met several of the Township's requirements. Comm. DeLeon stated she hopes the Township will rank the Lake Lansing Road sidewalk project highly.
MOVED BY COMM. DELEON, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION TO APPROVE A TAX SHARING AGREEMENT WITH LANSING TOWNSHIP UNDER THE URBAN COOPERATION ACT, TO ENTER INTO A SETTLEMENT AGREEMENT WITH LANSING TOWNSHIP AND THE LANSING TOWNSHIP DOWNTOWN DEVELOPMENT AUTHORITY TO RESOLVE PENDING LITIGATION, AND TO AUTHORIZE THE SIGNING OF DOCUMENTS TO SETTLE PENDING LITIGATION.
Chairperson Hertel asked if this Agreement would tie the hands of future Boards of Commissioners. Mr. Perrone stated future Boards would be bound under the Urban Cooperation Act. However, this Agreement could be amended by a mutual agreement between the County and the Township. Mr. Perrone also stated he hopes any disputes regarding the projects could be resolved between the partners without the need for litigation. Comm. Hertel stated his belief that forming a dispute resolving entity would be beneficial to both parties.
Mr. Daher stated the Township is not opposed to discussing this issue. It is his intent that current and future Township Boards will work amicably with the County.
The Committee continued its discussion of this item.
In response to Mr. Ambrose, Mr. Hayward stated the Township will start work on purely economic development projects as soon as possible. However, the Township must focus on tangible projects which would generate additional tax base.
Comm. Thomas stated he is trying to assess how serious the Township is regarding a joint and equal partnership. He is pleased the Township is willing to consider this relationship. Comm. Thomas further stated he wants to ensure proper communication between the partners in an effort to avoid any further litigation. Comm. Thomas stated he would delay his support of this item until his concerns have been addressed. These concerns include well-defined project descriptions and the issue of a joint and equal partnership.
In response to Comm. Thomas, Mr. Ambrose stated the Agreement provides that the Township will provide the County will a more detailed project list by January 15, 2005.
MOVED BY COMM. THOMAS, SUPPORTED BY COMM. HERTEL, TO AMEND THE RESOLUTION TO APPROVE A TAX SHARING AGREEMENT WITH LANSING TOWNSHIP UNDER THE URBAN COOPERATION ACT BY ADDING THE FOLLOWING LANGUAGE:
BE IT FURTHER RESOLVED, THAT LANSING TOWNSHIP WILL PROVIDE THE INGHAM COUNTY BOARD OF COMMISSIONERS WITH DETAILED PROJECT DESCRIPTIONS OF THE EIGHT PROJECTS OUTLINED IN THE AGREEMENT.
MOTION CARRIED with Comm. Severino voting NO.
Comm. Hertel stated he does not want to prevent the Township from moving forward. These concerns can be discussed and resolved during the next week. He further stated he believes the Agreement already contains an adequate amendment process. However, he would appreciate some form of agreement between the County and the Township as to how to resolve disputes.
Comm. Thomas explained he is concerned with how the County's funds will be spent. He would also like an agreement to having a mutual decision making process between the County and the Township. Comm. Hertel stated the amendment addresses this concern.
MOVED BY COMM. THOMAS, SUPPORTED BY COMM. HERTEL, TO AMEND THE TAX SHARING AGREEMENT UNDER THE URBAN COOPERATION ACT BY ADDING THE FOLLOWING LANGUAGE:
LANSING TOWNSHIP AND THE INGHAM COUNTY CONTROLLER'S OFFICE WILL DISCUSS THE CREATION OF AN OVERSIGHT MECHANISM WHEREBY THEY MUTUALLY AGREE UPON THE PROJECTS AND THEIR COSTS.
MOTION CARRIED with Comm. Severino voting NO.
MAIN MOTION: CARRIED with Comm. Thomas voting NO.
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION AUTHORIZING THE TRANSFER OF UP TO $70,000 WITHIN THE CAPITAL IMPROVEMENT BUDGET TO THE HAWK ISLAND PLAYGROUND.
In response to Chairperson Swope, Mr. Moore stated the requirements of the Kellogg grant have been met. Chairperson Swope expressed concerns regarding the last paragraph of the Resolution.
Mr. Ambrose stated he would include language in the Resolution which waives the Purchase Policy and authorizes the Controller to approve the necessary purchases. The Committee accepted Mr. Ambrose's suggestion as a Friendly Amendment to the Resolution.
FRIENDLY AMENDMENT TO LAST PARAGRAPH OF RESOLUTION:
BE IT FURTHER RESOLVED, THAT THE PURCHASE POLICY WILL BE WAIVED TO GIVE THE CONTROLLER AUTHORITY TO APPROVE THE NECESSARY PURCHASES FOR THE PROJECT; THE BOARD OF COMMISSIONERS WILL APPROVE THE PURCHASES.
The appropriate amendment language will be provided at the Finance Committee meeting tomorrow night.
MOTION CARRIED UNANIMOUSLY as amended. Absent: Comm. Nevin
Mr. Ambrose stated Resolution #02-155, which sets various fees for County services, directed the Controller's Office to annually review the fees and to recommend adjustments. This review has been completed and some adjustments are being presented to the Commissioners for their consideration. A resolution recommending any fee increases will be presented during the next round of meetings.
The Committee held a brief discussion regarding some of the fees. Chairperson Swope asked that the Drain Office fees be reviewed further. Ms. Younger stated she would conduct this review.
(Comm. Severino left the meeting at 9:05 p.m.)
Mr. Ambrose stated he will submit a report to this Committee regarding the County's credit card program.
Mr. Ambrose stated the Committees will be requested to act on a resolution setting guidelines for development of the 2005 budget during the next round of meetings. No action is requested this evening. Any suggestions to any of the proposed changes would be appreciated.
The Report was received and placed on file.
8d. Board of Commissioners - DEQ - Notice Regarding County's Eligibility for Membership on the Upper Grand River Watershed Council
Chairperson Swope stated it makes sense for the County to participate in the Watershed Council. The Committee will discuss appointments to this Council during the next caucus meeting.
The Board Referral was received and placed on file.
Announcements
Comm. DeLeon distributed copies of a school board bid summary. She stated she would like the County to prepare this type of report for County projects. Please share this information with the EOC. Mr. Ambrose stated he would speak with the Purchasing Director regarding this request.
Public Comment
Ms. Timmon spoke regarding Comm. Thomas's comments during discussion of agenda item one. She then restated her position on the issue of same-sex marriages.
The meeting adjourned at 9:17 p.m.
Respectfully submitted,
Debra Neff