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 Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
December 17, 2009
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:02 p.m., Thursday, December 17, 2009 in the Commissioners
Meeting Room, County Building, 315 West Green Street, Marshall,
Michigan.
Chairman Rae called the meeting to order and requested the Clerk call
the roll.
Roll Call: Present: Comrs. Camp, Gerow, Haadsma, Lee,
Rae, Rocho and Todd.
Staff Present: Corporation Counsel Richard Lindsey, Jr.,
County Administrator/Controller Kelli Scott, Finance Director Mark
Stuhldreher, Sheriff Allen Byam, Assistant County Administrator Bradley
Wilcox, Human Resources Manager Kim Archambault, Budget Analyst Pam
Kline, Circuit Court Administrator Jeffrey Albaugh, Prosecutor Susan
Mladenoff, Assistant Prosecuting Attorney John Puzzuoli, Community
Corrections Manager Roselynn Goff, Water Resources Commissioner Larry
Cortright, Emergency Management Coordinator Durk Dunham, Road
Commissioner Christopher Vreeland, Road Commissioner Scott Brown,
Medical Examiner Dr. Mehmet Ismailoglu, Senior Services Manager Carl
Gibson and Deputy Clerk/Board Executive Secretary Mary Lou Barrett.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Invocation was given by Vice Chairman Todd; followed by the Pledge of
Allegiance, led by Comr. Lee.
APPROVAL OF AGENDA:
“Motion by Comr. Rocho, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the December 17, 2009 agenda, as amended, to add Item 10.A. -
Correction of the amount of the Community Corrections Program
Agreement, under Unfinished and Old Business.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Lee, supported by Comr. Todd, adopt the following:
Resolved by the Calhoun County Board of Commissioners approve the
December 3, 2009 minutes as presented.”
Voice Vote: Motion CARRIED
CITIZENS’ TIME:
Mr. John LaPietra, Marshall resident, requested to be advised what
Agenda Item 10.A. pertains to. Chairman Rae advised that Item 10.A. is
correction of the amount of the Community Corrections Program Agreement.
Ms. Dorothy Dilsaver, Battle Creek resident; Mr. Dick Fink of the
Charitable Union; Assistant Prosecuting Attorney John Puzzuoli; Pastor
Doug Nettle; Road Commissioner Christopher Vreeland; Ms. Kathryn LaSepta
on behalf of Father Brian Coleman of St. Thomas Episcopal Church; Mrs.
Carmen Puzzuoli; Mr. Gary Andrews; Battle Creek resident; Pastor Billie
Dalton; and Mr. George Gray, Battle Creek resident, voiced concern
regarding the proposed FY 2010 County budget, elimination of positions
within the Prosecutor’s Office, and a proposed one percent salary
increase for non-union employees, and urged the Board’s reconsideration.
Community Corrections Manager Roselynn Goff advised that she has been
a non-union employee for fourteen years, and that all the staff in the
Community Corrections Division are non-union, and that none are overpaid
or receive lavish remuneration. Ms. Goff pointed out that the union
employees are receiving salary increases and that salary increases for
the non-union employees is an issue of fairness.
ELECTED/APPOINTED COUNTY OFFICIALS’ COMMENTS:
Road Commission Board Chairman Scott Brown invited Board members to
participate in discussion with the Road Commission over the next several
months regarding how the road system shall be adjusted due to lack of
funding. Mr. Brown advised that the Road Commission must determine
whether to reconstruct or turn roads back to gravel. Mr. Brown advised
that the township supervisors were invited to a meeting and were advised
how many hundreds of miles may be affected. Mr. Brown further advised
that January 20 shall be another meeting and that the Road Commission
shall be releasing what roads will be affected. Mr. Brown advised that
no decisions shall be made at the January 20 meeting, that the Road
Commission shall be going into a Board retreat later where the decisions
shall be made.
Mr. Brown advised that the Road Commission spent $2.5 Million this
year patching potholes and did no chipping and sealing. Mr. Brown stated
that the Road Commission cannot continue to spend its money simply
filling potholes as the other roads fail.
Comr. Lee asked Mr. Brown whether he could work with Ms. Scott
whereby the Board is aware of the time of the meetings. Mr. Brown
responded Yes.
Chairman Rae stated that the Road Commission’s present administration
came into a terrible situation, coupled by the lack of money from the
state. Chairman Rae stated that the Road Commission needs to attempt to
get the state gas tax increased.
Comr. Camp thanked Mr. Brown for the communications from the Road
Commission. Comr. Camp stated that the supervisors in her district
appreciated the Road Commission meeting with them. Comr. Camp encouraged
the Road Commission to talk with the legislators to reapportion the gas
tax, and encouraged the citizens to contact their legislators as well.
Prosecutor Susan Mladenoff addressed the proposed FY 2010 county
budget, advising that the Prosecutor’s Office has had a number of budget
and staff reductions over the past five years. Prosecutor Mladenoff
stated that when she was advised to reduce the Office’s budget by
$240,000, she had no choice other than to eliminate staff to attain that
amount of reduction. Prosecutor Mladenoff addressed the requirements of
the Office, advising that support staff is low, therefore, there was no
room to cut within the support staff; further, pointed out that one
position has remained vacant since July. Prosecutor Mladenoff stated
that one position elimination is an Investigator within the Bad Check
Program, for which the Office attained restitution; however, the Program
has been eliminated as the Office must provide its mandated services.
Prosecutor Mladenoff advised that also being eliminated is service on
prevention boards; i.e. truancy in elementary schools, as the Office
will not have the manpower to attend the meetings. Prosecutor Mladenoff
addressed the number of violent crimes which the Office cannot cover the
cases adequately as they should be. Prosecutor Mladenoff advised that if
she determines a month from now that she cannot provide the services
that are mandated, she will be back before the Board for more funding to
do her job which the Board is required to fund.
Comr. Haadsma requested to read a communication from Judge Harter.
Chairman Rae ruled that Agenda Item 7. is for elected/appointed county
officials’ comments, not presentation of communications. Chairman Rae
suggested Commissioner Haadsma provide copies of the communication to
Board members. Road Commissioner Vreeland offered to read the
communication into the record. Chairman Rae responded no, that he had
made his ruling.
CONSENT AGENDA:
Res. 202-2009
“Motion by Comr. Rocho, supported by Comr. Gerow, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following December 17, 2009 Consent Agenda as presented:
- Petitions, Communications, Reports:
| (1) |
Resolution received from Antrim
County requesting that the Michigan Senate introduce legislation
that mirrors the bills introduced by the Michigan House
providing an alternative funding plan for the Pure Michigan
Program calling for a $2.50 tax on car rentals at major
airports. (Received and placed on file) |
| |
|
| (2) |
Resolutions received from Alger
County {1} urging the Governor to sign the Higher Education
budget as passed by the Legislature, {2} requesting legislation
requiring the State of Michigan and the State of Wisconsin to
allow transfer of fire fighter training credentials, {3}
supporting merit curriculum adjustments to support career and
technical education, {4} supporting the Back Forty Joint Venture
for the Hudbay Minerals/Aquila Resources Project, and {5}
opposing the MIWater Ballot Initiative. (Received and placed on
file) |
| |
|
| (3) |
Notice of public hearings scheduled
for December 15, 2009 regarding granting an Obsolete Property
Rehabilitation District Certificate to Covance, Inc., the
Brownfield Plan for proposed Lot 35 Project, Brownfield
Redevelopment Authority Site #9, and granting an Industrial
Facility Exemption Certificate to Covance, Inc. received from
Battle Creek City. (Received and placed on file, with copies
remitted to Deputy Equalization Director John Hippensteel) |
- Resolutions:
| (1) |
Calhoun County Economic
Development Corporation Appointment |
| |
(Term Expires December
31, 2015) |
| |
|
| |
{a} |
Mark Montross |
| |
|
| (2) |
Calhoun County
Metropolitan Planning Commission Appointment |
| |
(Term Expires December
31, 2012) |
| |
|
| |
{a} |
Robert Bolton |
| |
|
| (3) |
Local Emergency
Planning Committee Appointments |
| |
|
| |
{a} |
David Schmidt |
| |
{b} |
Jeannette Glen |
| |
{c} |
Michael Lewis |
Voice Vote: Motion CARRIED
UNFINISHED AND OLD BUSINESS:
Correction of Community Corrections Program Agreement Amount
County Administrator/Controller Kelli Scott advised that the
Agreement was approved December 3, however, that the amount needs to be
corrected from $330,279.38, the total amount allocated for residential
services beds, not the granted amount as the residential services
allocation is not distributed or administered directly by the county and
is not part of the contract. The correct amount should be $214,689.
Res. 203-2009
“Motion by Comr. Lee, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2010 Community Corrections Plan, and Drunk Driver Jail
Reduction and Community Treatment Program Agreement between the State
of Michigan Department of Corrections and Calhoun County in the
corrected amount of $214,689 for the period of October 1, 2009 through
September 30, 2010; further, authorize the Board Chairman to execute
said Agreement on behalf of Calhoun County.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
PETITIONS AND NEW BUSINESS:
Governor’s Discretionary Grant Award Acceptance Authorization
Ms. Scott advised that the state grant in the amount of $43,585 was
awarded to the Juvenile Home to assist at-risk youth.
Res. 204-2009
“Motion by Comr. Haadsma, supported by Comr. Todd, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize the Calhoun County Juvenile Home to accept the Governor’s
Discretionary Grant Award in the amount of $43,585.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Albion Community Foundation Youth Services Council Grant Award
Acceptance Authorization
Res. 205-2009
“Motion by Comr. Haadsma, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize the Calhoun County Juvenile Home to accept the Albion
Community Foundation Youth Services Council Grant Award in the amount
of $250, and authorize the Juvenile Home Director to execute the Grant
Agreement between the Albion Community Foundation and the Calhoun
County Juvenile Home.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
FY 2010 Survey and Remonumentation Program Grant Application
Ms. Scott advised that Program is in its seventeenth of a proposed
twenty year program. The budget for the 2010 program totals $99,794
which includes $10,000 in county matching funds.
Planning Consultant Jennifer Bomba advised that the Program is just
over seventy percent completed. Ms. Bomba stated that 2013 is the end of
the Program, however, that she has heard that the Program may be
extended.
Res. 206-2009
“Motion by Comr. Rocho, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2010 Survey and Remonumentation Program Grant
Application in the amount of $89,794 of state funding and $10,000 of
county match, for a total amount of $99,794; and authorize the Grant
Administrator and County Representative to execute and remit said
Grant Application to the Michigan Department of Energy, Labor &
Economic Growth, Office of Land Survey and Remonumentation, on behalf
of Calhoun County.”
Comr. Camp inquired whether the project shall be completed by 2013.
Ms. Bomba responded “Probably not.” Ms. Bomba stated that the state
allocation has diminished; further, that there used to be a fund balance
built into the program, however, it was taken away. Comr. Rocho
requested Ms. Bomba provide a summary report that provides the work
completed. Ms. Bomba responded that she can have it available by next
week.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
2008 Michigan Citizen Corps Grant Program Intergovernmental
Funding Agreement
Emergency Management Coordinator Durk Dunham advised that negotiation
by the District Board with the state resulted in a seventy percent
funding increase from 2007. Mr. Dunham stated that there is no match
requirement and that the state funding provides training and equipment
for the C.E.R.T. Program.
Res. 207-2009
“Motion by Comr. Lee, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the 2008 Michigan Citizen Corps Program Intergovernmental
Funding Agreement between the County of Van Buren and the County of
Calhoun for the period of October 1, 2009 through September 30, 2010;
further, authorize the Board Chairman to execute said Agreement on
behalf of Calhoun County.”
Comr. Camp disclosed that she is a member of C.E.R.T.
Voice Vote: Motion CARRIED
Video Arraignment M.M.R.M.A. Risk Avoidance Program Grant Award
Acceptance
Ms. Scott advised that the Michigan Municipal Risk Management
Authority has awarded a grant in the amount of $10,000 to assist in
funding the video arraignment project to reduce the county’s liability
risk. Ms. Scott advised that the total cost of the project is $21,000
and that the remaining $11,000 will be paid from the Building and
Grounds budget.
Res. 208-2009
“Motion by Comr. Haadsma, supported by Comr. Lee, adopt the
following: Resolved by the Calhoun County Board of Commissioners
authorize the Assistant County Administrator to accept the Risk
Avoidance Program Grant Award in the amount of $10,000 from the
Michigan Municipal Risk Management Authority to assist in funding the
Video Arraignment Project linking the Sheriff Department and the
Calhoun County Juvenile Home to the Circuit Court hearing rooms.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
FY 2009 Final Budget Adjustments
Ms. Scott stated that the adjustments are to match actual
expenditures and revenues within the special revenue funds.
Res. 209-2009
“Motion by Comr. Rocho, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2009 Final budget adjustments for the Revenue Sharing
Reserve Fund and DHS General Assistance Fund totaling $51,750 and
$110,000 respectively, as presented by the Finance Director.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
FY 2010 County Budget Adoption
Ms. Scott addressed the general appropriations resolution, advising
that this year a new fee revenue schedule and a staff allocation report
are attached. Ms. Scott advised that the resolution does not officially
eliminate any position, however, several are not funded but are still
authorized and will remain vacant if the funding is not available. Ms.
Scott stated that 528.145 FTEs are authorized, however, only 509.57 FTEs
are funded. Ms. Scott advised that the General Fund is $40 Million which
is a four percent decrease. Ms. Scott advised that the budget includes a
one percent salary increase for all non-union positions, and that the
Administration’s strategy is to continue to work on health insurance
costs. Ms. Scott stated that not providing the one percent increase
would only save the county $44,000 which would not save one of the
positions being eliminated. Ms. Scott pointed out that 400 of the
county’s 500 employees work within the courts, the Sheriff Department
and the Prosecutor’s Office, and that it is impossible to avoid funding
reductions that do not affect those three areas. Ms. Scott stated that
she has heard from no department head indicating that they would not
accept a salary increase to save any position. Ms. Scott continued that
the budget presented is similar to the budget presented December 3, with
additional reductions within the Prosecutor’s Office, the Clerk’s
Office, the Sheriff Department and District Court.
“Motion by Comr. Todd, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, the provisions of the Uniform Budgeting and Accounting Act
for Local Government, MCLA 141.121, et. seq., requires that each unit
of local government adopt a balanced budget for all required funds;
and
WHEREAS, the Calhoun County Budget Committee and Board of
Commissioners (“Board”) have reviewed the 2010
Administrator/Controller Recommended II budget and budget requests for
2010 from the various departments, agencies, offices and activities,
including the courts, which by law the Board must finance or assist in
financing; and
WHEREAS, the Board has taken into consideration the fact that there
are certain required functions of County Government or operations
which must be budgeted at a serviceable level in order to provide
statutorily and constitutionally required services and programs; and
WHEREAS, the Board has determined the maximum authorized 2010
millage rate and estimates the property tax revenue generated to be as
follows:
| General Operating |
5.3779 mills |
$18,028,870 |
| Medical Care Facility |
.2482 mills |
$ 869,710 |
| Senior Services |
.7452 mills |
$ 2,678,949 |
AND WHEREAS, the Board shall order that money raised by taxation,
within statutory and charter limitations, to be paid into the funds of
the local unit; and
WHEREAS, the Board has reviewed the Recommended Budget for 2010 and
believes the same to contain funds sufficient to finance all mandatory
County-funded services at or beyond a serviceable level.
NOW, THEREFORE, BE IT RESOLVED, that the 2010 Calhoun County
Budget, dated December 17, 2009 and as set forth in the attached
documents, is hereby adopted on an account group level for the General
Fund and all Special Revenue Funds, subject to all County policies
regarding the expenditure of funds and the conditions set forth in
this Resolution. The Administrator/Controller shall monitor each fund
on an activity and an account group basis and also provide appropriate
interim financial reports; and
BE IT FURTHER RESOLVED, #1 that no budget transfer to or from
personnel services, fringe benefits, supplies, other services and
charges, or capital outlay account groups shall occur unless in
accordance with Board Policy #275 and only after approval by the
County Administrator/Controller; and
BE IT FURTHER RESOLVED, #2 that any increase in wages or salaries,
above those set forth in the salary wage schedule, or a newly created
position, shall be made only by resolution or motion of the Board of
Commissioners; and
BE IT FURTHER RESOLVED, #3 that it is the responsibility of every
Department Head/Elected Official to ensure that spending within each
account group within each business unit does not exceed the amount
appropriated. In turn, the County Administrator/Controller will
oversee this operation and will expect to be informed by the
Department Head/Elected Official of any anticipated budget variances;
and
BE IT FURTHER RESOLVED, #4 that unspent balances of previously
authorized capital improvements or construction projects not completed
by 12/31/2009 are hereby reappropriated for 2010. Any such
carry-forwards will be presented to the Board of Commissioners as an
informational item at a future meeting; and
BE IT FURTHER RESOLVED, #5 that all Judges, County Elected
Officials and County Department Heads shall abide by the Purchasing
and Budget Policies, as adopted and amended from time to time by this
Board, for all purchases made with funds appropriated by the Board of
Commissioners and that these budgeted funds are appropriated
contingent upon compliance with the Purchasing and Budget Policies,
and the County Clerk shall not be authorized to make payment of any
claims not in compliance with such Purchasing Policies and monies so
budgeted; and
BE IT FURTHER RESOLVED, #6 that the attached Fee Schedule (EXHIBIT
A) is hereby established to be effective as noted; and
BE IT FURTHER RESOLVED, #7 that the attached Position Allocation
Schedule (EXHIBIT B) is hereby established to be effective as noted
and shall limit the number of employees who can be employed and no
funds are appropriated for any positions not on said scheduled;
further, that certain positions on said schedule which are supported
in whole or in part by a grant, cost sharing or other source of
outside funding, are only approved contingent upon the County
receiving the budgeted revenues and, if not received, shall be
considered eliminated; and
BE IT FURTHER RESOLVED, #8 that this budget includes wage increases
of 1% for 2010 for non-union employees, County-wide Elected Officials,
and County Commissioners, and that wage increases for employee groups
with contracts that have not been settled as of December 7, 2009 are
not yet determined; and
BE IT FURTHER RESOLVED, #9 that all Judges, County Elected
Officials and County Department Heads will hold any vacant position
vacancy that occurs during the 2010 fiscal year open for the
appropriate duration of time to properly compensate for vacation
and/or sick payouts to insure budgetary savings are achieved, provided
that the Judges and Elected Officials can still perform their mandated
functions at a serviceable level; and
BE IT FINALLY RESOLVED, #10 that the Administrator/Controller is
authorized to make reductions in any department each time a
substantial reduction is made in Federal, State and local funds. The
affected department head shall promptly make the necessary layoffs and
advise those affected by the service that those services are being
discontinued as a result of reductions in Federal and/or State
funding.”
Res. 210-2009
“Substitute Motion by Comr. Camp, supported by Comr. Haadsma, adopt
the following: Resolved by the Calhoun County Board of Commissioners
table adoption of the FY 2010 County budget because the four
Commissioners not members of the Budget Committee need to fully engage
in the budget process, and schedule a Special Session to discuss the
budget.”
Comr. Camp thanked Administration for their good work, however,
stated that she believes if all of the Commissioners were allowed to
participate in the budget process, it would have been a great job. Comr.
Camp expressed appreciation to Prosecutor Mladenoff for her comments.
Comr. Camp advised that she is not aware of what the department heads
said in the Budget Committee meetings, however, that throughout the
budget process she has been asking questions and receiving
documentation, however, did not have the benefit of discussion with the
Committee members. Comr. Camp stated that she believes there should be
more Commissioner engagement in the budget process. Comr. Camp stated
that she does not agree with the 6.6 percent cut; further, pointed out
that the Board approved three union contracts with salary raises. Comr.
Camp advised that she kept asking where the money was going to come
from.
Comr. Camp stated that she does not feel that those Commissioners not
on the Budget Committee have been involved in the process; questioning
how those not on the Committee can be engaged and ask any questions if
the Committee minutes are provided two or three weeks after the
meetings.
Comr. Camp addressed the Committee of the Whole meetings, pointing
out that although the presentation was interesting, there was no
interaction between the members of the Board; further, that no line item
budget was provided. The Board did not discuss eliminating travel, etc.
Comr. Camp further pointed out that at the budget hearing the public was
not given the opportunity to review a line item budget. Comr. Camp
stated that she would like a budget that is based upon reality.
Comr. Haadsma advised that he supports tabling the budget because he
is confused with some of the data. Comr. Haadsma addressed the amount of
savings should 129 non-union employees not be granted the one percent
salary increase, advising that when he does the math the amount is
$67,080. Ms. Scott advised that $44,000 is General Fund positions and
$24,000 is Non-General Fund positions.
Comr. Haadsma pointed out that the amount of the Board’s policy
regarding fund balance is between 8 to 12 percent, advising that the
perimeter of 13 percent was not discussed. Ms. Scott concurred, advising
that between 8 to 12 percent is the perimeter established by the Board,
that 13 percent is the Department of Treasury’s percentage to measure
fiscal health; further, pointed out that bond rating agencies look at
the fund balance and that 15 percent has been quoted by the Michigan
Government Finance Officers as the lower threshold.
Comr. Lee advised that he is opposed to tabling the budget as he has
faith in the Budget Committee.
Comr. Camp pointed out that the appropriations resolution provides a
one percent salary increase for Commissioners. Chairman Rae advised that
all the Board members that he has talked with have indicated that they
will not accept the raise. Comr. Camp advised that she has not had that
discussion with other Board members. Ms. Scott advised that the
appropriations resolution would require amendment to exclude the
Commissioners from receiving the one percent salary increase.
Comr. Camp voiced concern that the new fee schedule which has been
attached to the budget has been addressed separately in the past, and
that the fee schedule has just been presented today. Comr. Camp stated
that she is uncomfortable attaching the fees to the budget.
Comr. Rocho inquired whether Commissioners have the individual option
regarding whether to accept or reject the salary increase or whether all
the Commissioners must oppose the increase. Ms. Scott responded that the
salary increase could be approved, and that Commissioners not wishing to
accept the increase could reimburse the county. Comr. Rocho inquired
whether the Board has seen the fee schedule prior to tonight. Finance
Director Mark Stuhldreher advised that the schedule was presented at the
public hearing.
Comr. Haadsma stated that any declaration from Chairman Rae to him
regarding accepting/declining a salary increase is a news flash to him.
| Roll call vote on Substitute
Resolution 210-2009: |
| |
Yes - 2 (Comrs. Camp and Haadsma) |
| |
No - 5 (Comrs. Lee, Rae, Rocho, Todd and Gerow) |
| |
Motion DEFEATED |
Res. 210-A-2009
“Substitute Motion by Comr. Haadsma, supported by Comr. Camp, adopt
the following: Resolved by the Calhoun County Board of Commissioners
adopt the FY 2010 County Budget with elimination of the one percent
(1%) salary increase to non-union employees, and modification of the
General Fund fund balance from 9.75 percent to 9.6 percent to be
reallocated to the Calhoun County Prosecutor Office’s budget.”
Comr. Haadsma read a communication from Assistant Prosecuting
Attorney Mike Jaconette addressing the detrimental impact of further
funding reduction to the Prosecutor’s Office and imploring the Board to
retain the two positions to be eliminated.
Comr. Rocho advised that the budget information was shared and the
process has been more open than in previous years. Chairman Rae
concurred, stating that he does not appreciate being castigated as
callous in the budget decisions. Chairman Rae advised that Committee
members spent innumerable hours going over the department budgets, and
now to suddenly have an attack on the process is baloney. Chairman Rae
again advised that all the Commissioners that he spoke with indicated
that they would not accept the one percent salary increase. Chairman Rae
stated that he is “floored” by some of the stuff that has come out.
Comr. Camp stated that her questions regarding the process are not
new and that she hopes that the process can be changed for next year.
| Roll call vote on Substitute
Resolution 210-A-2009: |
| |
Yes - 1 (Comr. Haadsma) |
| |
No - 6 (Comrs. Rae, Rocho, Todd, Camp, Gerow and
Lee) |
| |
Motion DEFEATED |
Res. 210-B-2009
“Substitute Motion by Comr. Haadsma, supported by Comr. Gerow,
adopt the following: Resolved by the Calhoun County Board of
Commissioners amend the FY 2010 County Budget, to eliminate the one
percent (1%) salary increase proposed for the County Commissioners.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Comr. Haadsma read a communication from Ms. Garrin, Marshall Township
resident, addressing position eliminations within the Prosecutor’s
Office. Comr. Haadsma again requested to read Judge Harter’s
communication. Chairman Rae again upheld his previous ruling.
Res. 210-C-2009
“Motion by Comr. Todd, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners adopt the following, as amended:
WHEREAS, the provisions of the Uniform Budgeting and Accounting Act
for Local Government, MCLA 141.121, et. seq., requires that each unit
of local government adopt a balanced budget for all required funds;
and
WHEREAS, the Calhoun County Budget Committee and Board of
Commissioners (“Board”) have reviewed the 2010
Administrator/Controller Recommended II budget and budget requests for
2010 from the various departments, agencies, offices and activities,
including the courts, which by law the Board must finance or assist in
financing; and
WHEREAS, the Board has taken into consideration the fact that there
are certain required functions of County Government or operations
which must be budgeted at a serviceable level in order to provide
statutorily and constitutionally required services and programs; and
WHEREAS, the Board has determined the maximum authorized 2010
millage rate and estimates the property tax revenue generated to be as
follows:
| General Operating |
5.3779 mills |
$18,028,870 |
| Medical Care Facility |
.2482 mills |
$ 869,710 |
| Senior Services |
.7452 mills |
$ 2,678,949 |
AND WHEREAS, the Board shall order that money raised by taxation,
within statutory and charter limitations, to be paid into the funds of
the local unit; and
WHEREAS, the Board has reviewed the Recommended Budget for 2010 and
believes the same to contain funds sufficient to finance all mandatory
County-funded services at or beyond a serviceable level.
NOW, THEREFORE, BE IT RESOLVED, that the 2010 Calhoun County
Budget, dated December 17, 2009 and as set forth in the attached
documents, is hereby adopted on an account group level for the General
Fund and all Special Revenue Funds, subject to all County policies
regarding the expenditure of funds and the conditions set forth in
this Resolution. The Administrator/Controller shall monitor each fund
on an activity and an account group basis and also provide appropriate
interim financial reports; and
BE IT FURTHER RESOLVED, #1 that no budget transfer to or from
personnel services, fringe benefits, supplies, other services and
charges, or capital outlay account groups shall occur unless in
accordance with Board Policy #275 and only after approval by the
County Administrator/Controller; and
BE IT FURTHER RESOLVED, #2 that any increase in wages or salaries,
above those set forth in the salary wage schedule, or a newly created
position, shall be made only by resolution or motion of the Board of
Commissioners; and
BE IT FURTHER RESOLVED, #3 that it is the responsibility of every
Department Head/Elected Official to ensure that spending within each
account group within each business unit does not exceed the amount
appropriated. In turn, the County Administrator/Controller will
oversee this operation and will expect to be informed by the
Department Head/Elected Official of any anticipated budget variances;
and
BE IT FURTHER RESOLVED, #4 that unspent balances of previously
authorized capital improvements or construction projects not completed
by 12/31/2009 are hereby reappropriated for 2010. Any such
carry-forwards will be presented to the Board of Commissioners as an
informational item at a future meeting; and
BE IT FURTHER RESOLVED, #5 that all Judges, County Elected
Officials and County Department Heads shall abide by the Purchasing
and Budget Policies, as adopted and amended from time to time by this
Board, for all purchases made with funds appropriated by the Board of
Commissioners and that these budgeted funds are appropriated
contingent upon compliance with the Purchasing and Budget Policies,
and the County Clerk shall not be authorized to make payment of any
claims not in compliance with such Purchasing Policies and monies so
budgeted; and
BE IT FURTHER RESOLVED, #6 that the attached Fee Schedule (EXHIBIT
A) is hereby established to be effective as noted; and
BE IT FURTHER RESOLVED, #7 that the attached Position Allocation
Schedule (EXHIBIT B) is hereby established to be effective as noted
and shall limit the number of employees who can be employed and no
funds are appropriated for any positions not on said scheduled;
further, that certain positions on said schedule which are supported
in whole or in part by a grant, cost sharing or other source of
outside funding, are only approved contingent upon the County
receiving the budgeted revenues and, if not received, shall be
considered eliminated; and
BE IT FURTHER RESOLVED, #8 that this budget includes wage increases
of 1% for 2010 for non-union employees and County-wide Elected
Officials, excluding County Commissioners, and that wage increases for
employee groups with contracts that have not been settled as of
December 7, 2009 are not yet determined; and
BE IT FURTHER RESOLVED, #9 that all Judges, County Elected
Officials and County Department Heads will hold any vacant position
vacancy that occurs during the 2010 fiscal year open for the
appropriate duration of time to properly compensate for vacation
and/or sick payouts to insure budgetary savings are achieved, provided
that the Judges and Elected Officials can still perform their mandated
functions at a serviceable level; and
BE IT FINALLY RESOLVED, #10 that the Administrator/Controller is
authorized to make reductions in any department each time a
substantial reduction is made in Federal, State and local funds. The
affected department head shall promptly make the necessary layoffs and
advise those affected by the service that those services are being
discontinued as a result of reductions in Federal and/or State
funding.”
| Roll call vote: |
Yes - 5 (Comrs. Todd, Gerow, Lee, Rae
and Rocho) |
| |
No - 2 (Comrs. Camp and Haadsma) |
| |
Motion CARRIED |
November 2009 Financial Statements
Received.
Amendment of County Policy No. 340 - Employee Benefits
Ms. Scott advised that the amendment is required to modify the health
insurance section and buy up costs to be paid by the employees.
Res. 211-2009
“Motion by Comr. Rocho, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve amendment of County Policy No. 340 - Employee Benefits, as
recommended by the Human Resources Manager.”
| Roll call vote: |
Yes - 6 (Comrs. Gerow, Haadsma, Lee,
Rae, Rocho and Todd) |
| |
No - 1 (Comr. Camp) |
| |
Motion CARRIED |
Resolution Pledging the County’s Full Faith and Credit on the
Spectacle Lake & Branches Drain Notes
Res. 212-2009
“Motion by Comr. Lee, supported by Comr. Rocho, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, Act 40, Public Acts of Michigan, 1956, as amended (“Drain
Code”) authorizes the Board of Commissioners to adopt a resolution
pledging the full faith and credit of the County for the prompt
payment of principal and interest on drain notes issued pursuant to
law; and
WHEREAS, the Water Resources Commissioner of the County has issued
an order authorizing the issuance of drain notes to pay the cost in
connection with the construction of improvements to a certain drain in
the Township of Albion and Township of Sheridan, Calhoun County,
Michigan, designated as the Spectacle Lake & Branches Drain (the
“Drain”), serving the area designated as the Spectacle Lake & Branches
Drain Drainage District (the “District”); and
WHEREAS, said Note or Notes are designated as SPECTACLE LAKE &
BRANCHES DRAIN NOTES, 2009 (the “Notes”) in the aggregate principal
amount not to exceed Three Hundred Fifty-Five Thousand and 00/100
Dollars ($355,000.00), to bear interest at a rate or rates to be
hereafter determined but, in any event, not exceeding six percent (6%)
per annum maturing serially as hereafter determined; and
WHEREAS, the Drain has been determined to be necessary for the
public health and welfare of the County and it is in the best interest
of the County that the notes be sold; and
WHEREAS, all proceedings for the construction and financing of said
project have been taken under the provisions of the Drain Code (Act
40, Public Acts of Michigan, 1956, as amended) and in order to effect
the sale of said Notes authorized by order of the Water Resources
Commissioner, it is necessary that payment of principal and interest
on said Notes be guaranteed by the County pursuant to and as
authorized by the provisions of Section 434, Chapter 18, of Act 40,
Public Acts of Michigan, 1956, as amended, herein referred to.
THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF CALHOUN:
- That pursuant to the authorization contained in Act 40, Public
Acts of Michigan, 1956, as amended, in consideration of the public
health and welfare of the County of Calhoun and in order to finance
successfully the construction of improvements to the drain
designated as SPECTACLE LAKE & BRANCHES DRAIN, the Board of
Commissioners of the County of Calhoun does hereby irrevocably
pledge the full faith and credit of the County of Calhoun for the
prompt payment of principal and interest on the SPECTACLE LAKE &
BRANCHES DRAIN NOTES, 2009, and does agree that in the event that
the property owners or public corporations in the Drainage District
shall fail or neglect to account to the Treasurer of the County of
Calhoun for the amount of any special assessment installment and
interest, when due, then the amount thereof shall be immediately
advanced from County funds and the County Treasurer is directed to
immediately advance such payment to the extent necessary.
- That in the event that, pursuant to said pledge of full faith
and credit, the County of Calhoun advances out of County funds, all
or any part of said installment and interest, it shall be the duty
of the County Treasurer, for and on behalf of the County of Calhoun,
to take all actions and proceedings and pursue all remedies
permitted or authorized by law for the reimbursement of such sums so
paid.
- That the issuance and sale of the Notes is subject to permission
being granted therefor by the Department of Treasury of the State of
Michigan or an approval being granted by the Department of Treasury,
and the County Treasurer is hereby authorized to file an application
for approval of the issue with the Michigan Department of Treasury,
Municipal Finance Division, if necessary.
- That all resolutions and parts of resolutions, insofar as the
same may be in conflict with the provisions of this Resolution, be
and the same are hereby rescinded.”
Water Resources Commissioner Larry Cortright advised that the Drain
was established in 1911 and there have been maintenance issues over the
years. Mr. Cortright stated that the Board of Determination determined
that it would be better to replace the old system.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Calhoun County Medical Examiner’s Appointment and Contractual
Services Agreement
Ms. Scott advised that the county is required to have a Medical
Examiner, and that Dr. Ismailoglu has been the county’s previous Medical
Examiner. Ms. Scott stated that the Agreement is in the amount of
$97,375 annually and includes all the expenses of that office. Ms. Scott
stated that the terms of the Agreement are similar to the previous
agreement, however, advised that the Internal Revenue Service audit
indicated that the position needs to be a county position, and
Administration is working to reclassify the position to a county
position.
Res. 213-2009
“Motion by Comr. Camp, supported by Comr. Lee, adopt the following:
Resolved by the Calhoun County Board of Commissioners appoint Dr.
Mehmet B. Ismailoglu Calhoun County Medical Examiner, with term to
expire December 31, 2013; further, approve the Agreement between the
Calhoun County Board of Commissioners and Mehmet B. Ismailoglu for the
period of January 1, 2010 through December 31, 2013 in the annual
amount of $97,375, and authorize the Board Chairman to execute said
Agreement on behalf of Calhoun County and the Board of Commissioners.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Resolution Allocating Recovery Zone Facility Bond Volume Cap to
the Calhoun County Economic Development Corporation
Ms. Scott advised that the Corporation met this month and request
that the $14 Million of Facility Bond Volume Cap be allocated to the
Corporation to determine the projects to be allocated. Ms. Scott stated
that the Corporation is comprised of individuals involved in economic
development county-wide and the Corporation shall meet to review the
projects, which is the method best recommended by the bond attorneys.
Ms. Scott advised that the bonds need to be issued by December 31, 2010,
and that if the funding cannot be issued by June 30, the funding shall
revert back to the county for reallocation.
Corporation Counsel Richard Lindsey, Jr. advised that the Board will
have to appoint two additional members to the Corporation from the
area(s) of the project(s).
Comr. Rocho requested that the Board receive a summary report of the
projects.
Res. 214-2009
“Motion by Comr. Rocho, supported by Comr. Todd, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, Division B of the American Recovery and Reinvestment Act
of 2009 (the “ARRA”) added sections 1400U-1 through 1400U-3 to the
Internal Revenue Code of 1986, as amended (the “Internal Revenue
Code”), to provide for the issuance of Recovery Zone Facility Bonds
(the “Recovery Zone Facility Bonds”) by states and local units of
government for purposes described in the ARRA; and
WHEREAS, the ARRA provides a national Recovery Zone Facility Bond
volume cap of $15,000,000,000, all to be allocated among the states
and suballocated to counties and certain large municipalities; and
WHEREAS, under the allocation formula determined by the United
States Department of the Treasury, the County of Calhoun, Michigan
(the “County”) has received an allocation of $14,479,000 of the
Recovery Zone Facility Bond volume cap (“Recovery Zone Facility Bond
Volume Cap”); and
WHEREAS, the County, in its discretion, is authorized to allocate
its Recovery Zone Facility Bond Volume Cap to eligible issuers for
eligible costs in any reasonable manner as it shall determine in good
faith; and
WHEREAS, on November 5, 2009 Board of County Commissioners
designated the entire County as a Recovery Zone within the meaning of
1400U-1(b) of the Internal Revenue Code, as required prior to the
issuance of Recovery Zone Facility Bonds; and
WHEREAS, it is the desire of the Board of County Commissioners to
allocate its entire $14,479,000 Recovery Zone Facility Bond Volume Cap
to The Economic Development Corporation of the County of Calhoun (the
“EDC”) for projects to be selected by the EDC. NOW,
THEREFORE, BE IT RESOLVED:
- The Board of County Commissioners hereby allocates its entire
$14,479,000 Recovery Zone Facility Bond Volume Cap to the County for
bonds to be issued by the EDC, or any entity designated by the EDC,
for the purpose of paying costs to construct or acquire projects to
be located within the County as selected by the EDC based upon
guidelines to be developed by the EDC. At the discretion of the EDC,
project costs can include paying capitalized interest on the bonds
proposed to be issued, paying the costs of credit enhancement, if
any, and paying the costs of issuance of bonds.
- This allocation order will not exceed the County’s total
allocation of Recovery Zone Facility Bond Volume Cap.
- This allocation shall cease to be effective for any portion of
the Recovery Zone Facility Bond Volume Cap which is not used as of
July 1, 2010.
- Within 10 days from the issuance of any bonds making use of the
allocation, the EDC, or the designee of the EDC which issued the
bonds, shall file a written notice with the County that such bonds
were issued and delivered, which written notice shall be accompanied
by (1) a copy of the IRS Form 8038, or any successor form, filed
with the Internal Revenue Service and (2) an opinion of bond counsel
as to tax exempt status of such bonds.
- All actions of the officers, agents and employees of the County
and the EDC that are in conformity with the purposes and intent of
this resolution, whether taken heretofore or hereinafter the
adoption hereof, are hereby ratified, confirmed and adopted.
- All resolutions and parts of resolutions insofar as they
conflict with this resolution are hereby rescinded.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CITIZENS’ TIME:
Mr. Steven Mobley, Athens Village resident, commended the Board for
not taking a salary increase. Mr. Mobley inquired whether the county has
accepted any federal stimulus funding. Chairman Rae advised Mr. Mobley
that the issue can be discussed after the meeting.
Road Commissioner Brown stated regarding the roads, that it is one
thing to talk about miles of roads, but when they are named it will be
personal for a lot of the Board’s constituents.
Mr. LaPietra commented that he hopes that the county has enough
resources to oil the door to the Chambers.
COMMISSIONERS’ TIME:
Comr. Todd stated that budget adoption time is never an easy time for
the Board, however, that as Chairman of the Budget Committee he was
impressed with the process and the cooperation of the department heads,
follow Commissioners and Administration. Comr. Todd extended his support
to those employees being laid off and commended the Board for not
accepting a salary increase. Comr. Todd wished everyone a Happy Holiday
season.
Comr. Haadsma wished everyone a Happy Hanukkah, a Merry Christmas, a
Happy New Year and a Happy Kwanza.
Chairman Rae addressed a Detroit Free Press news article regarding
Commissioner Rocho’s services to protect kids.
CLAIMS PAYABLE LISTING:
Res. 215-2009
“Motion by Comr. Rocho, supported by Comr. Lee, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve payment of the list of claims against the county in the total
amount of $1,619,188.98 for the two {2}weeks ending December 9, 2009.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
ANNOUNCEMENTS:
Chairman Rae wished everyone a Merry Christmas and a Happy New Year.
CLOSED SESSION:
Res. 216-2009
“Motion by Comr. Rocho, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners meet
in Closed Session for the purpose of discussing labor negotiations.”
Voice Vote: Motion CARRIED
The Board met in Closed Session commencing at 9:50 p.m. until 10:08
p.m. with County Administrator/Controller Kelli Scott, Corporation
Counsel Richard Lindsey, Jr., Human Resources Manager Kim Archambault,
Asst. County Administrator Bradley Wilcox and Deputy Clerk/Board
Executive Secretary Mary Lou Barrett present.
OPEN SESSION -- ADJOURNMENT:
The meeting convened in Open Session at 10:08 p.m. and adjourned at
the call of the Chair.
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Several photos included in this 
