Amended 2/5/08
COUNTY SERVICES
January 15, 2008
Minutes
Members Present: Deb Nolan, Debbie DeLeon, Dale Copedge, Tim Soule, Mark Grebner and Mike Severino
Members Absent: None
Others Present: Matthew Myers, Tony Lindsey, Sally Auer, Robert Smith, Stacy Byers, Eric Schertzing, Becky Bennett, Bob Moore, Dave Stoker, Dr. Sienko, Rod Villarreal, Tom Krug, Charlyn Stratton, Jeff Fleming, Paul Kindel, Dalen Agnew, Penny Gardner, Doak Bloss, Marcus Cheatham and others
The meeting was called to order by Chairperson Nolan at 7:03 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the December 4, 2007
MOVED BY COMM. DELEON, SUPPORTED BY COMM. SOULE, TO APPROVE THE DECEMBER 4 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Copedge
The Minutes were amended to include Randy Mayville under Others Present on page one.
Additions to the Agenda
5. Attorney Letter
5. Letter from ICEA Union
(Comm. Copedge arrived at 7:05 p.m.)
Limited Public Comment: None
MOVED BY COMM. SOULE, SUPPORTED BY COMM. GREBNER, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
1. Ingham County Treasurer
a. Resolution to Authorize Treasurer to Purchase HUD Foreclosed Property in the Name of the County for Deposit into the Ingham County Land Bank Fast Track Authority Inventory
3. Economic Development Corporation
a. Resolution Setting a Public Hearing on the Adoption of an Amendment to the Ingham County Brownfield Redevelopment Authority Brownfield Plan Called Redevelopment of Ingham County Fast Track Land Bank Authority Parcels
b. Resolution Setting a Public Hearing on the Adoption of an Amendment to the Ingham County Brownfield Redevelopment Authority Brownfield Plan Called Shaw’s on Newton LLC and Ingham County Fast Track Land Bank Authority
4. Parks Department
a. Resolution to Pursue an Agreement with the Potter Park Zoological Society
b. Resolution Authorizing a Fund Transfer to the Potter Park Zoological Society
6. Human Resources Department – Tri-County Office on Aging 2007 Year-End Report
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SOULE, SUPPORTED BY COMM. GREBNER, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
5. Financial Services/Insurance Department
a. Resolution to Terminate Domestic Partner Coverage
Ms. Auer, Chief Steward and Bargaining Chair, stated her union negotiated same sex partner benefits, as permitted by law, in their last contract. The Resolution will affect one person in her union. Ms. Auer stated she does not want that person to lose his/her health benefits.
Ms. Auer stated the premiums are based on claims. Larger groups typically receive cheaper insurance rates. She stated her union would never propose a contract for four employees which would be a detriment to the other employees. Our union cannot afford any additional increases in health care premiums.
Ms. Auer stated the Resolution in agenda item 5b would not apply to family members. If the County is going to offer health benefits to “other qualified adults,” they should also be offered to all the employees. Ms. Auer asked if the four employees who currently receive same sex benefits would qualify under the Ingham Health Plan. This arrangement would not increase insurance premiums for other employees.
Mr. Krug, FOP, stated their contract does not cover domestic partners. Ingham County has the highest municipal premium share of anyone in this area. Adding people to the County’s insurance plans will drive up the premiums for the employees. The plan in agenda item 5b would result in higher premium costs for the employees. Mr. Krug further stated the Healthcare Coalition is against adding anyone else to the insurance plans.
Mr. Stoker stated the process of dealing with domestic partners began in 2004 when a constitutional amendment was passed. A 2005 Attorney General opinion indicated domestic partner benefits were not a part of the amendment. The next legal sequence was a lawsuit to stop organizations which provided same sex benefits. Mr. Stoker further stated the 2006 Court of Appeals decision said that domestic benefits were in fact barred by the amendment for public employees. This decision is current law.
The Michigan Supreme Court has not ruled on this matter. The County Attorney issued an opinion indicating there is potential liability if the County continues to offer a benefit which is contrary to State law. Mr. Stoker explained that many of the County contracts indicate that if same sex benefits are provided, they are done so to the extent permitted by law.
Mr. Stoker stated the County should comply with State law and make the necessary changes to the County policy. We need to speak with the unions that offer the benefits regarding the potential effects of the change before the County makes any changes. Mr. Stoker explained that the Resolution in agenda item 5b directs staff to put together a replacement program. The timeframe for the non union employees is February 28, 2008.
Comm. Grebner stated the Resolution in agenda item 5b should also direct staff to consult with the unions about to deal with the employees who will lose the benefit. Comm. Severino asked if the Committee could verbally direct staff to consult with the unions versus approving a Resolution. The Committee consented to the verbal direction.
Chairperson Nolan stated agenda item 5b is pulled from tonight’s agenda. Comm. Grebner stated staff should begin the discussions and draft a cost effective proposal for this Committee’s consideration.
Mr. Krug suggested staff begin their discussions with the Health Coalition. Ms. Auer and Ms. Stratton, Michigan Nurses Association, concurred with Mr. Krug’s suggestion. Ms. Stratton expressed her support for the employees involved in this issue.
Mr. Fleming, OPEIU, respectfully disagreed with his colleagues. He stated it’s important to preserve the benefits for the employees. If this process drags out too long, the employees will be left without healthcare coverage.
Comm. Severino asked if the affected employees would qualify for COBRA benefits. Mr. Stoker explained the employees would not qualify for COBRA benefits due to IRS regulations.
The Committee discussed the timeline issue. Comm. DeLeon asked if the February 28 deadline could be extended to March 31. Mr. Stoker stated the February 28 date is not a legal date. The County is, however, operating contrary to State law.
Comm. Grebner stated the affected employees will be worse off with a replacement program. It’s fine to speak with the Health Coalition, but this process should be completed quickly. Comm. Grebner stated his hope that this issue is largely settled in the context of the unions.
Ms. Gardner, Lansing Association of Human Rights, stated she appreciates the extra effort the County is using to comply with the law. She then stated same sex partners contribute to the well being of the County. The principle of equality should be maintained. Any additional costs should be borne across the board.
Mr. Bloss, Health Department, stated his family is his
partner. They have been together for 15 years and were very happy when the
County offered same sex health benefits. Mr. Bloss stated he didn’t feel like
a second class employee in the County when these benefits were offered. He
thanked the County for being the kind of employer that it is. Fairness and
equity should be continued. The cost should be very minimal for doing the
right thing.
Mr. Cheatham, Health Department, congratulated the Committee for exploring other ways to offer same sex benefits. The cost per member for offering health benefits to other qualified adults should be the same as for other employees. If the eligibility criteria are strict enough, the number of people asking for the coverage should not increase greatly. Offering the coverage makes financial sense. Michigan will discover very soon that the constitutional amendment is not right.
Ms. Auer stated the UAW is not opposed to the current benefit. We negotiated this benefit into the contract. The union is against the burden of additional healthcare costs on its employees
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION TO TERMINATE DOMESTIC PARTNER COVERAGE. THE FEBRUARY 28, 2008 DATE IN THE RESOLUTION IS TO BE CHANGED TO MARCH 31, 2008. MOTION FAILED with Comms. DeLeon, Copedge and Soule voting NO.
b. Resolution Authorizing Offering Other Qualified Adult Benefits to Managerial/Confidential Employees
This item was pulled from the agenda during the previous discussion.
Comm. Soule explained that he voted against the above motion because a replacement mechanism is not in place. Comms. DeLeon and Copedge concurred with Comm. Soule’s statement.
1. Ingham County Treasurer
b. Resolution to Provide Additional Funding for Mortgage Foreclosure Prevention
Mr. Schertzing explained the Resolution approves the efforts which began last year. Clinton and Eaton Counties supports these efforts as well as Delhi Township.
Comm. Severino asked Mr. Schertzing to explain the foreclosure process and to provide success stories. This information would provide the Committee with some incentive to continue funding this effort. Mr. Schertzing explained that the counselors who work with the homeowners should provide this information to the Committee.
Comm. Copedge commended Mr. Schertzing for his efforts on this matter. Mr. Schertzing is also doing a great job chairing the Land Bank Authority.
MOVED BY COMM. COPEDGE, SUPPORTED BY COMM. SOULE, TO APPROVE THE RESOLUTION TO PROVIDE ADDITIONAL FUNDING FOR MORTGAGE FORECLOSURE PREVENTION. MOTION CARRIED UNANIMOUSLY.
2. Agricultural Preservation Board – Resolution Approving Selection Criteria (Scoring System) for Ranking Landowner Applications to the Ingham County Farmland Preservation Program and Authorizing the Ingham County Preservation Board to Proceed with the 2008 Purchase of Development Rights Application Cycle
MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION APPROVING SELECTION CRITERIA (SCORING SYSTEM) FOR RANKING LANDOWNE APPLICATIONS TO THE INGHAM COUNTY FARMLAND PRESERVATION PROGRAM AND AUTHORIZING THE INGHAM COUNTY PRESERVATION BOARD TO PROCEED WITH THE 2008 PURCHASE OF DEVELOPMENT RIGHTS APPLICATION CYCLE.
(Comm. Grebner left the meeting at 7:55 p.m.)
Mr. Kindel stated the Agricultural Preservation Board is starting its 2008 cycle. Ms. Byers reviewed the changes to the selection criteria. She explained that the bulk of the changes were made to section 13 of the criteria.
Comm. Copedge asked how many farms qualified for the MAEAP program. Ms. Byers stated she did not have that information with her this evening.
Comm. DeLeon stated the Agricultural Preservation Board is very important to the County. She then expressed her concern that the farms qualifying for the program are so far out in the County. Comm. DeLeon asked of the AP Board plans to balance this issue. Ms. Byers stated this is a strong concern of the AP Board and is a constant source for discussion. The selection criteria are as objective as possible. The AP Board is trying to locate farms that are not so close to development. We are not looking to compete with development; however, we don’t want to the farms to be too far away. Comm. Copedge stated he understands this situation, but he doesn’t quite agree with the AP Board’s position.
Mr. Kindel stated the Agricultural Preservation Board is optimistic about funding this year. He then reviewed some of the funding opportunities.
Chairperson Nolan stated Comm. Grebner had a concern that properties close to the county borders are benefiting the adjacent counties by participating in the farmland preservation program. The system should be skewed to address this Committee’s concerns about the properties that are adjacent to outlying counties as opposed to interior municipalities.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Grebner
4. Parks Development
d. Resolution Establishing a “No Smoking Policy” Within the Potter Park Zoo
MOVED BY COMM. SOULE, SUPPORTED BY COMM. COPEDGE, TO APPROVE THE RESOLUTION ESTABLISHING A “NO SMOKING POLICY” WITHIN THE POTTER PARK ZOO.
Comm. DeLeon stated she received an email from Comm. Bahar- Cook regarding this matter. She feels that the proposal would be a detriment to some visitors of the Zoo. Mr. Moore stated the Parks & Recreation Commission felt the Zoo should be totally smoke free. The Zoo Board is recommending that designated smoking areas be established within the Zoo.
Mr. Moore stated the Zoo has a number of missions; however, the no smoking issue is not one of them. He further stated Zoos are often considered as children’s places. We want to encourage adults to visit the Zoo. Unfortunately, some of those adults smoke. Designated smoking areas should be provided for those adults.
Dr. Sienko stated he agreed with having designated smoking areas at the Zoo. This reflects reality. Designated smoking areas will keep the smoke away from the children. Dr. Sienko stated this policy will help the Health Department’s position on the smoking issue.
Comm. Soule stated many issues were addressed during this discussion on the Parks & Recreation Commission. A Park Commissioner cited, during those discussions, that attendance usually increases when no smoking ordinances are put in place. The Parks & Recreation Commission approved the motion unanimously after being amended.
Chairperson Nolan stated the Resolution does not approve designated smoking areas. Mr. Moore stated language could be added to the Resolution to include these areas. The smoking areas would be established by the Parks Board.
Comm. Copedge asked if Zoo visitors will be fined for smoking outside of designated smoking areas. Mr. Moore stated those visitors would probably be warned. Last year, 125 tickets were issued in the County Parks. Tickets are reserved for serious offenses.
Comm. Severino stated he would like to implement designated smoking areas for one year to see how the Zoo visitors will react. Comm. DeLeon stated she also supports the designated smoking areas.
The Committee consented to the following Friendly Amendment:
FRIENDLY AMENDMENT TO ADD THE FOLLOWING LANAUGE TO THE END OF THE SIXTH WHEREAS AND THE THEREFORE BE IT RESOLVED PARAGRAPHS: “WITH THE EXCEPTION OF DESIGNATED SMOKING AREAS.”
MOTION CARRIED UNANIMOUSLY.
Chairperson Nolan stated it is the sense of this body that the Zoo should have designated smoking areas.
c. Resolution Authorizing a Contract for Services Between Ingham County and the Charter Township of Meridian to Maintain the Watershed Management Plan for Lake Lansing Including the Lake Frontage Owned by Ingham County
MOVED BY COMM. SOULE, SUPPORTED BY COMM. COPEDGE, TO APPROVE THE RESOLUTION AUTHORIZING A CONTRACT FOR SERVICES BETWEEN INGHAM COUNTY AND THE CHARTER TOWNSHIP OF MERIDIAN TO MAINTAIN THE WATERSHED MANAGEMENT PLAN FOR LAKE LANSING INCLUDING THE LAKE FRONTAGE OWNED BY INGHAM COUNTY.
Comm. DeLeon requested clarification regarding this matter. Mr. Myers stated this Resolution is a result of a letter the County received last year from Meridian Township. The Township asked the County to increase its funding level. This request was forwarded to the Parks Board for review and recommendation. The Parks Board has recommended the County increase its funding level to $10,000. Meridian Township will also increase its funding level to $10,000.
Comm. Soule stated it’s important to increase educational efforts for the property owners. Meridian Township wanted a 10 year commitment from the County. The County made it clear to the Township that the County will renew its funding commitment on an annual basis. Comm. Soule further stated the Township was informed that it should provide an accounting of how the County’s funds were used. This accounting is to be provided on an annual basis.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. Grebner
Announcements
Comm. Severino commended Chairperson Nolan on chairing the first County Services meeting of this year.
Mr. Myers informed the Committee that the LEAP cards will be distributed on a quarterly basis. The Commissioners received the cards prior to the start of this meeting.
Comm. Copedge apologized to the Committee for being late. He explained that he came from a neighborhood association meeting. During that meeting, the association discussed a possible date for addressing the Our Savior Lutheran Church issue.
Public Comment: None
The meeting adjourned at 8:36 p.m.
Respectfully submitted,
Debra Neff