By By JOHN EBY / Niles Daily Star
CASSOPOLIS – Dowagiac Commissioner John Cureton said Howard Township was "jerking around" the Board of Commissioners with a $9,190 services contract with the Sheriff's Office.
"I don't think it's worth passing," Cureton said Thursday.
"On top of that, if it passes, it says Cass County has a $5 million liability policy. The township will be included as conditional insureds and it doesn't specify for what purpose. The way it's written, any other problem which might come up in Howard Township if we incur a liability or a lawsuit. There needs to be additional wording."
The issue, which Cass County Sheriff Joseph Underwood addressed, divided the board in a 9-4 roll-call vote, with Cureton joined by Democrats Bill Steele and David Taylor and Republican Ron Francis in the minority.
Chairman Robert Wagel had declared the measure passed on a voice vote, a decision some commissioners disputed, which led to the roll-call vote.
Commissioner Ed Goodman, D-Silver Creek Township, said, "I was at a Road Commission meeting when Howard Township officials came in and wanted the Road Commission to enforce an ordinance to keep truck traffic off Barron Lake Road. The Road Commission gave them a real good reason why they couldn't do that. It's a primary road that truck traffic has to travel on."
"This contract says they're hiring the Sheriff's Office to enforce the laws of the State of Michigan and all of Howard Township's ordinances," Goodman continued. "I think we might have a conflict there with the Sheriff's Office being caught in the middle."
Howard Township Supervisor Mike Sutherland and Clerk Shirley Tuttle signed the four-page contract Oct. 16 for police services Nov. 1, 2007-March 31, 2008.
Underwood said, "The Road Commission is not putting up signs on Barron Lake Road, therefore, there is no enforcement action concerning truck traffic. There is no conflict" in furnishing part-time police services.
"We're going to enforce traffic laws," the sheriff continued. "If you're speeding on Barron Lake Road, you're probably going to get a ticket on Barron Lake Road. If you're speeding on Huntly Road, you're probably going to get an enforcement action on Huntly Road," he told Commissioner Bill Steele, D-Calvin Township.
The contract provides for 20 hours of coverage a week from 6 a.m. to 11 a.m. Tuesday and Wednesday and 3 p.m. to 8 p.m. on Thursday and Friday.
Under enforcement area, the Howard Township Safety Committee determined as "primary police areas when calls for services are not being handled" will be: speed enforcement, primarily on Barron Lake Road; liquor inspections; noise; and commercial vehicles.
"I don't know how to answer Commissioner Cureton's concern except to say that any time they would be added as an additional insured, it's only for the operation of this agreement with them," County Administrator Terry Proctor said. "That's standard and does not cover them for anything else besides this contract."
"I guess I agree with Commissioner Cureton," said Francis, R-Cassopolis, the commission vice chairman, as long as the $9,190 sum covers county costs, which Underwood assured him it would.
"They're giving an amount they feel they can afford at this time," the sheriff said.
"Certainly, it is a small contract, but I feel I would be remiss in my duties as county sheriff to refuse an area that wants to give us money to provide that service. It's a wash, basically. We're going to spend X amount of dollars and they're going to get 20 hours of service. Court costs would be subtracted from those hours. The person designated for those hours in Howard Township is over and above. We're absolutely obligated to serve Howard Township, like any other township, but they want something in addition to what they already get."
Underwood said Howard Township once purchased 80 hours of service.
That was cut to 40 and now 20.
"They've continued to cut back to go along with their budget," the sheriff said.
"If you'll recall, two years ago they had a millage proposal on the ballot to provide for services. That millage did not pass."