COUNTY SERVICES

Approved 4/19/05

COUNTY SERVICES

April 5, 2005

Minutes

Members Present: Victor Celentino, Dale Copedge, Debbie DeLeon, Andy Schor and Mike Severino

Members Absent: Don Vickers

Others Present: Harold Hailey, Jerry Ambrose, Bob Moore, Paula Johnson, Fred Featherly, Sue Pigg, Tim Perrone, Dennis Probst and others

The meeting was called to order by Chairperson Celentino at 7:02 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.

Additions to the Agenda

2b. Revised Resolution

3b. Substitute Resolution

10. Late: Resolution to Authorize Reorganization in the Sheriff’s Medical Clinic

Limited Public Comment

Mr. Dyer, Dyer Well Drilling Inc., addressed the Committee regarding agenda item 3a. Mr. Dyer stated his company was the lowest bidder on the contract in item 3a. He conducts a lot of business in Ingham County, is a County property owner and tax payer. The County did not award him the contract for well drilling because of his previous violations and fines as cited by the MDEQ. Mr. Dyer explained that he did not have any issues with the Ingham County Health Department. The Department has worked well with his company.

MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SCHOR, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:

4. Register of Deeds – Resolution Amending the Register of Deeds Automation Fund Budget and Approving the Purchase of Capital Equipment

6. Board of Commissioners

a. Resolution Declaring the Week of April 10 – 16, 2005 as “National County Government Week” in Ingham County

b. Resolution in Honor of the 2005 State Arbor Day Celebration

c. Resolution Designating the Week of May 1 – 7, 2005 as “Holocaust Remembrance Week” in Ingham County

7a. Controller’s Office – Resolution Authorizing Adjustments to the 2005 Ingham County Budget

MOTION CARRIED UNANIMOUSLY. Absent: Comm. Vickers

MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SCHOR, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Vickers

1. Environmental Affairs Commission – 2004 Annual Report

Mr. Featherly stated the Commission is progressing through its site visits. The Ash Borer situation is under control.

Chairperson Celentino thanked Mr. Featherly for his work with the Commission.

2. Economic Development Corporation

a. Resolution Adopting Revised Bylaws of the Ingham County Economic Development Corporation

MOVED BY COMM. SCHOR, SUPPORTED BY COMM. DELEON, TO APPROVE THE RESOLUTION ADOPTING REVISED BYLAWS OF THE INGHAM COUNTY ECONOMIC DEVELOPMENT CORPORATION.

Comm. Schor expressed his concern regarding the member dismissal clause in the Bylaws. It was his understanding that the Board of Commissioners was the only entity that could dismiss members of Board appointed commissioners. Mr. Ambrose stated the Commission is to recommend a dismissal to the Board of Commissioners. The Bylaws could be amended to reflect that fact. Mr. Ambrose stated he will revise Section 11 of Article 3 prior to the Board meeting.

MOVED BY COMM. SCHOR, SUPPORTED BY COMM. SEVERINO, THAT SECTION 11 OF ARTICLE 3 OF THE REVISED BYLAWS OF THE INGHAM COUNTY ECONOMIC DEVELOPMENT CORPORATION BE AMENDED TO REFLECT THE RECOMMENDATION OF THE COUNTY ATTORNEY. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Vickers

MOTION AS AMENDED CARRIED UNANIMOUSLY. Absent: Comm. Vickers

b. Revised Resolution Establishing a Policy on Tax Sharing Agreements

MOVED BY COMM. DELEON, SUPPORTED BY COMM. COPEDGE, TO APPROVE THE REVISED RESOLOLUTION ESTABLISHING A POLICY ON TAX SHARING AGREEMENTS.

Ms. Pigg reviewed the changes included in the Revised Resolution. Comm. Schor stated the title of the Revised Resolution should be corrected. The term “Revised” should be placed after “Establishing a.” This was accepted as a Friendly Amendment to the Revised Resolution.

MOTION CARRIED with Comm. Schor voting NO. Absent: Comm. Vickers

3. Parks Department

a. Resolution Authorizing a Contract Between Maurer & Parks Well Drilling and Ingham County for the Construction of an Irrigation Well at Hawk Island County Park

In response to Mr. Dyer’s statements during Limited Public Comment, Mr. Ambrose stated all vendors were asked to indicate if they had any violations filed against them. Dyer Well Drilling, Inc. (Dyer) has been cited and fined for four violations as detailed in the Recommendation to Enter Into Contract with Maurer & Parks Well Drilling. This information was included in the agenda packet.

Mr. Ambrose stated he supports the recommendation of the Purchasing Department. Dyer was cited and fined for violations which were more than just clerical errors. These violations were substantive. Mr. Moore also expressed his support for the recommendation of the Purchasing Department. Mr. Probst stated the Parks Department also supports the recommendation.

Comm. Severino stated he was not aware of a County policy which authorizes an automatic denial of a vendor based on previous violations. Mr. Ambrose explained Dyer was not automatically rejected based on their violations. Dyer was only one of the four bidders with violations within the past five years. The Purchasing Director conducted his own review of this situation. Mr. Ambrose stated the County does not have such a policy which supports the automatic denial of a vendor’s proposal based on previous violations. The current recommendation was made based on the judgment of the Purchasing Department.

Comm. DeLeon asked about the location of the four bidders. Mr. Ambrose stated the recently adopted Local Purchasing Preference policy was not a factor in determining the lowest, or in this case, the second lowest, responsive bidder. Mr. Dyer explained his business is located in Eaton County, and he lives in Ingham County. He also owns commercial property in Ingham County.

Mr. Dyer stated he assumed full responsibility for the violations of his company. Action has been taken to assure these violations will not be repeated in the future. Mr. Dyer then apologized for his mistakes. In response to Comm. Schor, Mr. Dyer detailed his violations which were cited by the Michigan Department of Environmental Equality. Mr. Dyer further stated he believes the violations were minor.

Comm. DeLeon asked about previous violations on the part of Dyer. Mr. Dyer stated his company has had previous minor violations. Comm. Severino asked Mr. Dyer about his perception of a minor violation. Mr. Dyer explained his minor violations involved paperwork. The Committee discussed this issue further.

Chairperson Celentino asked if Dyer was restricted from any activities as a result of his violations. Mr. Dyer stated he, personally, could not use machinery on work sites. However, he could be on the work sites.

Comm. Schor asked if there would be any negative implications of this Committee waiting to make a decision for two weeks. Mr. Moore explained there may be some extra costs to the County if the project is delayed. The costs are related to the purchase of water from the Lansing Board of Water & Light.

Mr. Ambrose stated he spoke with Mr. Gaber, MDEQ, regarding this matter. Also, this is a good discussion as it illustrates the Purchasing Department’s efforts in its recommendation of contracts to the County.

Comm. DeLeon stated she believes the Purchasing Department followed appropriate policy in making their recommendation. She further stated it is appropriate for this Committee to review the recommendation in this instance. Comm. Severino agreed with Comm. DeLeon’s statements. He expressed his inclination to allow a second recommendation opportunity.

Comm. Schor stated Mr. Hudgins and the Purchasing Department have done a great job on this process. In this case, however, the Committee should consider the lowest bidder.

Mr. Ambrose explained staff does not have any concerns regarding Dyer Well Drilling, Inc. The concern involves the fact that the violations were recent. Mr. Ambrose also expressed his concern regarding what directions this Committee will give to the Purchasing Department for future proposals.

Comm. Schor stated staff should follow the same procedure for future proposals as they did with the current proposal. The Committee is deciding that it does not agree with the recommendation of staff.

MOVED BY COMM. SCHOR, SUPPORTED BY COMM. SEVERINO, APPROVE THE RESOLUTION AUTHORIZING A CONTRACT BETWEEN MAURER & PARKS WELL DRILLING AND INGHAM COUNTY FOR THE CONSTRUCTION OF AN IRRIGATION WELL AT HAWK ISLAND COUNTY PARK AND TO AMEND THE RESOLUTION TO INDICATE DYER WELL DRILLING, INC. RECEIVED THE CONTRACT WITH THE COUNTY.

Comm. Copedge stated he would like to discuss this matter further with the MDEQ before making his decision on this item.

MOVED BY COMM. COPEDGE, SUPPORTED BY COMM. DELEON, TO TABLE THIS RESOLUTION AND PROPOSED AMENDMENT UNTIL THIS COMMITTEE’S SPECIAL MEETING ON APRIL 12, 2005 AT THE INGHAM COUNTY COURTHOUSE.

Mr. Ambrose indicated his concern that the contract specifies a date by which the well should be drilled. Mr. Dyer stated the completion date in the RFP was April 14, 2005.

Comm. Copedge withdrew his motion to table. Comm. DeLeon expressed her interest in hearing from Comm. Copedge after his discussion with the MDEQ. Comm. Copedge stated he could provide his information to Mr. Ambrose prior to the special meeting.

MOVED BY COMM. SCHOR, SUPPORTED BY COMM. COPEDGE, TO TABLE THIS RESOLUTION AND PENDING AMENDMENT UNTIL THIS COMMITTEE’S SPECIAL MEETING ON APRIL 12, 2005. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Vickers

b. Substitute Resolution Establishing the Ingham County Parks and Recreation Commission Under Public Act 261 of 1965

MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. DELEON, TO APPROVE THE SUBSTITUTE RESOLUTION ESTABLSHING THE INGHAM COUNTY PARKS AND RECREATION COMMISSION UNDER PUBLIC ACT 261 OF 1965.

Comm. Schor asked if the Parks Board receives a per diem. Mr. Ambrose stated it was determined the Parks Board would receive a per diem when it was created. The decision was made at that time by the Board of Commissioners. The Resolution Establishing the Parks and Recreation Commission is creating a new Parks Board. The Resolution mirrors the current Resolution as it relates to compensation.

The Committee held a lengthy discussion regarding the issue of per diems as paid to County Commissions and Boards. Comm. Severino stated he doesn’t know if it is really necessary to pay an extra stipend when the Parks Board has a full-time employee. The duties of the Parks Board Director would be lessened because of the full-time employee.

There was a brief discussion regarding Park Police at this time.

MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. SCHOR, TO AMEND THE 12^TH THEREFORE BE IT RESOLVED PARAGRAPH OF THE SUBSTITUTE RESOLUTION ESTABLISHING THE INGHAM COUNTY PARKS AND RECREATION COMMISSION UNDER PUBLIC ACT 261 OF 1965 BY REMOVING THE LAST TWO LINES OF THAT PARAGRAPH DEALING WITH STIPENDS BEING PAID AT THE END OF THE OFFICERS’ TERMS IN OFFICE.

Comm. Schor stated his belief that it is inappropriate to pay Park Commission Officers a stipend at the end of their terms in office. Mr. Probst, Parks Board, stated he was not aware this issue would be discussed this evening. This Committee should consider this matter with any other commissions which receive a stipend at the end of their terms.

Mr. Ambrose suggested the Committee approve the Resolution with a clause which indicates the stipend issue will be addressed in a separate resolution. Comm. Severino stated staff could evaluate this issue regarding the Parks and Fair Boards for a future discussion of this Committee. Comm. DeLeon stated the Resolution could be approved this evening and then staff could conduct a comprehensive review of the stipend issue.

Mr. Probst expressed his concern about this Committee passing the Resolution containing the issuance of stipends and then reducing or eliminating the stipend at another time during the terms of the current Parks Board.

MOTION TO AMEND CARRIED with Comms. Copedge and DeLeon voting NO. Absent: Comm. Vickers

In response to Comm. Copedge’s question regarding park police, Mr. Moore explained the Sheriff’s Office would only authorize the park police as deputy officers if they carried the appropriate equipment.

MOVED BY COMM. SEVERINO, TO RECOMMEND APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE PARKS AND RECREATION COMMITTEE:

Tina Weatherwax-Grant John Czarnecki

William Matt Neila Tillman

Dennis Probst Michael McDonald

Pam Weil

MOTION DIED due to lack of support. Absent: Comm. Vickers

Comm. DeLeon stated Comm. Holman may want to be appointed to the new commission. A telephone call was made to Comm. Holman during which she indicated she did not wish to be appointed to the new commission.

Mr. Probst suggested the Committee indicate that Comm. Weatherwax-Grant is the Board of Commissioners’ appointment to the new commission.

MOVED BY COMM. DELEON, SUPPORTED BY COMM. SEVERINO, TO RECOMMEND THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE PARKS AND RECREATION COMMISSION:

Tina Weatherwax-Grant John Czarnecki

William Matt Neila Tillman

Dennis Probst Michael McDonald

Pam Weil

MOTION CARRIED with Comm. Schor voting NO. Absent: Comm. Vickers

5. Treasurer’s Office – Land Bank Authority Grant Information

The Information was received and placed on file.

6d. Board of Commissioners – Informational Item – Board Rule Changes (Final Version)

The Committee accepted the Final Version of the Board Rule Changes.

7b. Controller’s Office – Introduction of 2006 Strategic Planning Information Report Information from County Offices, Departments and the Courts Regarding 2006 Strategic Planning and Budget Process. This Report includes background information, activity indicators and performance measures.

Mr. Ambrose explained the Report contains background information on County departments. He encouraged the Commissioners to read this information as it will be helpful during the upcoming budget hearings. At this Committee’s next meeting, it will approve a Resolution which establishes the Board’s priorities for 2006. Mr. Ambrose reviewed some of the information contained in the Report.

8. Informational Item – Greater Lansing Conventions & Visitors Bureau 2004 Annual Report

The Report was received and placed on file.

9. Human Resources Department - Closed Session – Labor Relations Discussion

MOVED BY COMM. DELEON, SUPPORTED BY COMM. SCHOR, TO ENTER INTO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSING LABOR RELATIONS. MOTION APPROVED WITH THE FOLLOWING ROLL CALL VOTE: ALL YEAS. Absent: Comm. Vickers

The Committee returned to regular session at this time.

Announcements: None

Public Comment: None

The meeting adjourned at 9:25 p.m.

Respectfully submitted,

Debra Neff