Approved 5/1/06
HUMAN SERVICES
April 17, 2006
Minutes
Members Present: Mark Grebner, Rebecca Bahar-Cook, Curtis Hertel, Lisa Dedden, Andy Schor, Mike Severino and Board Chairperson Victor Celentino
Members Absent: None
Others Present: John Neilsen, Bruce Bragg, Tim Perrone, Dr. Sienko, Jim Wilson, Frank Hatfield, Kay Trosko, Nena Bondarenko, William Haun, Delbert Mokme, Gerald Hart, Par Marrison, Quenda Story, Nancy Bujold and others
The meeting was called to order by Chairperson Grebner at 7:37 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the April 3, 2006 Minutes
The Minutes were approved as submitted.
Additions to the Agenda
2. Memorandum from Mr. Lindemann, Drain Commissioner
Public Hearing – Resolution to Amend the Ingham County Sanitary Code by Adding Chapter VII to Approve Regulations for the Inspection of Onsite Water and Sewage Disposal System at the Time of Property Transfer
Mr. Hatfield, Okemos resident, encouraged the Committee to reject the proposed Regulation, in word and content. Property owners are intelligent and responsible owners. The Department of Health does a good job regarding the maintenance of the wells and septic systems. Mr. Hatfield further stated there may be a few negligent property owners.
The proposed Regulation would be expensive to homeowners. Mr. Hatfield asked who would be qualified to act as inspectors. The fees are unspecified and there are no suggested fee limits. Homes are currently sold without the proposed Regulation. The Regulation would reduce marketability. Mr. Hatfield continued his comments on the proposed Regulation. He stated property owners have a strong incentive to maintain their well and septic systems.
Mr. Brown, resident, stated he is not in favor of the proposed Regulation. The Regulation would discourage property owners from taking necessary action to resolve a well or septic problem. Mr. Brown stated he worked for the Ingham County Drain Commissioner’s Office for ten years; he currently works for Eaton County. The Drain Office receives many calls from people regarding their drain concerns. These people are referred to the appropriate municipality. The Regulation doesn’t deal with this issue.
Mr. Brown stated the Regulation does not mention the appropriate response time for the Health Department. When a home buyer applies for a mortgage, he/she already has engaged specific time limits. The Regulation also does not state when a person would receive the money placed in an escrow account per the Regulation. Loose ends would need to be addressed if this Regulation is approved.
Mr. Mokme stated he assisted with the development of the proposed Regulation. All questions and concerns from people were addressed immediately during the process. The first two speakers during this Public Hearing have more experience with drain and septic issues due to their professions. Other people need to be educated regarding the well and septic systems. Washtenaw and Shiawassee Counties found 20% to 25% of homes inspected had drain problems. He asked how long this County should wait before it makes changes for the betterment of its residents and the environment.
Ms. Bondarenko, Realtor, stated she has concerns regarding the well and septic system inspections. She stated she has had a well and septic system for approximately 35 years. She is not against the inspections. The Greater Lansing Board of Realtors has contracts which address these inspections. Ms. Bondarenko asked if independent contractors would have liability insurance. She further stated she understands the County would not have any responsibility due to governmental immunity.
Ms. Bondarenko further stated the proposed Regulation has not been advertised to people in the southern part of this County. These people do not read the Lansing State Journal. Ms. Bondarenko stated the inspections will end up being the responsibility of the area realtors. The proposed fees are too high. The inspection fees should be negotiated between the buyers and the sellers.
Ms. Bondarenko stated the County has financial matters to attend to which are more important than adding staff for the Regulation. The education process should take place between the buyers and sellers. This would be less expensive than the proposed fees and would be more beneficial to the parties to the sales transaction.
Mr. McGlockin stated he replaced his well recently. His septic system works properly. Mr. McGlockin stated the proposed Regulation would be an infringement on personal rights. Homeowners should be responsible for their own well and septic systems. Education is necessary. The Regulation would be expensive to the County and its residents.
Mr. Hatfield asked for the names of the members on the interest group involved in the development of the proposed Regulation. Mr. Wilson stated the representatives include Mr. Foster, Paula Johnson, Marty Sloan, Jerry Hart, Christine Spitzley, Delbert Mokme, Mike Stevens, Tim Perrone, Gary Rowe and Bill Haun. Many of these representatives are present this evening.
Mr. Wilson explained the County made presentations to interested agencies and asked for representatives from the agencies to be involved in the development of the Regulation.
Mr. Stevens, SCS Systems, stated he assisted with the development of the Regulation. He explained that properties change hands every five to ten years. The Regulation would educate all buyers and sellers when a well and septic system are involved. Mr. Stevens stated he has learned in his business that many homeowners do not understand how their well and septic systems operate. Many sites represent a public health risk. Mr. Stevens stated he supports the Regulation as a positive first step. The ultimate goal is to educate all homeowners regarding their well and septic systems over time.
Mr. Perrone, County Attorney, stated he was not present to support or discourage the passage of the proposed Regulation. He was present to address questions and concerns from the speakers. Sellers and buyers can make arrangements regarding the payment of the inspections. The Regulation does not deal with property owners with public water and sewer systems because they do not fall within the jurisdiction of the Ingham County Health Department. Regarding the escrow account, Mr. Perrone stated surety bonds can be obtained if necessary. Revenues from the Regulation would pay for the required staff.
Ms. Bondarenko stated the proposed Regulation is over-regulation. Property owners should take responsibility for their well and septic systems.
Dr. Sienko stated he has a well and septic system at his home. He explained the Health Department is in support of the proposed Regulation to protect our groundwater now and in the future. Dr. Sienko stated the Regulation will probably reveal 20% to 30% of well and septic systems that need correction.
The Public Hearing was closed at this time.
Limited Public Comment: None
2. Health Department
a. Resolution to Amend the Ingham County Sanitary Code by Adding Chapter VII to Approve Regulations for the Inspection of Onsite Water and Sewage Disposal Systems at the Time of Property Transfer
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. DEDDEN, TO APPROVE THE RESOLUTION TO AMEND THE INGHAM COUNTY SANITARY CODE BY ADDING CHAPTER VII TO APPROVE REGULATIONS FOR THE INSPECTION OF ONSITE WATER AND SEWAGE DISPOSAL SYSTEMS AT THE TIME OF PROPERTY TRANSFER.
Comm. Schor asked if the Regulation states the buyer can pay for the required inspections. Mr. Perrone explained the seller has to make sure the inspection and the payment of same are made. Mr. Wilson explained the Health Department will only evaluate compliance with the Regulation. He further stated the property owner must initiate action for the inspection.
Comm. Hertel stated it is very important for residents to be aware of any health risks regarding their well and septic systems. How does a person weigh the right of someone to conduct the inspections versus possible health risks?
Chairperson Grebner stated buyers and sellers currently have incentives to not fix any problems with their systems. Some sellers use other than the standard buy/sell agreement to avoid the disclosure of any system problems. The Regulation only requires an inspection when a home is to be sold. The Board of Commissioners believes that public health is important.
Comm. Schor asked for clarification regarding the response time. Dr. Sienko explained homeowners can use County or private inspectors. Mr. Wilson stated the Health Department will try to respond five days from when it receives notice of an inspection. Chairperson Grebner stated the response time should be specific. Comm. Bahar-Cook stated the Regulation states the response time will be five days.
Comm. Severino asked why the County is not currently conducting these inspections in order to protect its groundwater. Chairperson Grebner explained that municipalities have historically used waterways as dumping sites. The County is now requiring standards. Comm. Severino stated the Public Health Code has been in effect for many years. The Regulation is a good first step. He then asked why all homes which may be interfering with our groundwater are not included in the Regulation. Chairperson Grebner stated it is not the government’s business to monitor this issue.
Comm. Severino asked why the Health Department cannot assess specific high risk areas on a regular basis. Chairperson Grebner explained the County is moving into the future by making incremental progress, such as the Regulation. Comm. Schor stated he does not believe tax dollars should be used to assess public systems.
Comm. Schor stated this Committee, at its last meeting, suggested the Health Department advertise the proposed Regulation in community newspapers. He asked if this was done. Mr. Bragg stated that within a few days of this Committee’s last meeting, a press release was developed and distributed to the County newspaper as well as other publications. The Community News said it would be happy to print the advertisement.
Comm. Hertel stated if the Committee wishes to work on an expanded program and funding source, he would be happy to work with the Health Department on such a program.
MOTION CARRIED with Comm. Severino voting NO.
b. Resolution to Establish a Fee Schedule for the Point of Sale Regulation
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE THE RESOLUTION TO ESTABLISH A FEE SCHEDULE FOR THE POINT OF SALE REGULATION.
Comm. Hertel asked if the fees will cover the cost of implementing the Regulation. Mr. Bragg stated the fees should cover the costs. He then stated the lower section of the Fee Schedule is not a part of the Fee Schedule. Mr. Bragg then stated many private inspectors are interested in conducting the inspections. He stated he would be happy to report back on this issue at a later date.
Comm. Schor suggested the Health Department report back to this Committee in seven to eight months regarding the number of inspections conducted by the County’s Health Department.
MOTION CARRIED with Comm. Severino voting NO.
1. Appointments – Board of Health
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. BAHAR-COOK, TO RECOMMEND THE APPOINTMENT OF DR. BARRY SALTMAN TO THE BOARD OF HEALTH. MOTION CARRIED UNANIMOUSLY.
3. Human Services Committee – Resolution to Submit to the Electorate a Special Millage Question for a Countywide Transportation System Primarily for the Disabled and Elderly
MOVED BY COMM. HERTEL, SUPPORTED BY COMM. SEVERINO, TO APPROVE THE RESOLUTION TO SUBMIT TO THE ELECTORATE A SPECIAL MILLAGE QUESTION FOR A COUNTYWIDE TRANSPORTATION SYSTEM PRIMARILY FOR THE DISABLED AND ELDERLY.
Mr. Neilsen distributed copies of the Capital Area Transportation Authority Ingham County Billing and CATA Services for FY 2003/04 through FY 2005/06 to the Committee for their review. Chairperson Grebner stated the costs of Spectran and Rural Services have increased. The State reduced its funding for operational costs.
Comm. Schor stated Mr. Mecher’s memorandum to Mr. Neilsen, dated March 6, 2006, indicates State funding decreased by 33% during the past two years. Chairperson Grebner stated the County’s funding level was reduced by approximately 30% mainly because millage funds have not increased at the same rate as the provided services.
Comm. Dedden stated her constituents already pay an additional 2.2 mills because it is a highly populated area. Considering the current economy, increasing the millage would put an additional burden on her constituents’ income. She will not support the Resolution for this reason; however, she does support CATA.
Chairperson Grebner explained that CATA intends to place an additional millage on the November ballot for its line haul services.
MOTION CARRIED WITH Comms. Dedden and Schor voting NO.
4. County Services Committee – Review of Process for Making Appointments to Boards, Committees and Commissions
The Commissioners indicated they had reviewed this information prior to tonight’s meeting.
5. Controller’s Office – Discussion of the 2007 Budget: Draft – Resolution Establishing Area of Priority Emphasis Guiding 2007 Activities and Budget Process
Mr. Neilsen stated the Committee should communicate any changes or additions to the draft 2007 guidelines to him soon. Information regarding the perspectives of county offices, departments, and courts on budgetary and program issues for 2007 was presented during the last round of meetings. Included in the agenda information is an overview of issues and indicators which may be important when considering the development of the budget and a copy of the resolution establishing areas of priority for development of the 2006 budget.
6. Board Referral – Letter from the City of Mason Requesting they become a Participating Municipality and to Increase the Capital Area District Library’s Membership
Ms. Bujold, Capital Area District Library (CADL), distributed CADL’s 2005 Annual Report and their 2006 Spring Program Guide to the Committee.
Ms. Story, CADL, stated allowing Mason to have a seat in rotation would give them an inordinate amount of representation on the CADL Board. Chairperson Grebner stated he thought the amount of representation would be about right. Ms. Story stated CADL has approximately 200,000 people in the service area and approximately 10,000 in the City of Mason.
Mr. Neilsen explained that adding another member to the CADL Board would require the Michigan State Library approval. Chairperson Grebner suggested CADL allow the City of Mason to become a participating member to be courteous. He then stated participating members can withdraw from CADL after specific steps have been completed. Comm. Hertel stated it would be unlikely that the City of Mason would want to withdraw from CADL in the future.
Chairperson Grebner suggested that staff bring a resolution to this Committee’s next meeting which would approve allowing the City of Mason to become a participating member on the CADL Board. The Committee would not take action on the board issue.
Announcements: None
Public Comment: None
The meeting adjourned at 9:19 p.m.
Respectfully submitted,
Debra Neff