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 Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
February 4, 2010
The Regular Session of the Calhoun County Board of Commissioners
convened at 7:00 p.m., Thursday, February 4, 2010 in the Commissioners'
Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Camp, Gerow, Haadsma, Lee,
Rocho and Todd. Excused: Comr. Rae.
Staff Present: Asst. County Administrator Bradley Wilcox,
Sheriff Allen Byam, County Administrator/Controller Kelli Scott, Senior
Services Manager Carl Gibson, Corporation Counsel Richard Lindsey, Jr.,
Human Resources Manager Kim Archambault, Water Resources Commissioner
Larry Cortright, Accounting Clerk Patty Keiper, Health Officer James
Rutherford, Treasurer Ann Rosenbaum, Community Corrections Manager
Roselynn Goff and Deputy Clerk/Board Executive Secretary Mary Lou
Barrett.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Silence was observed; followed by the Pledge of
Allegiance, led by Comr. Rocho.
APPROVAL OF AGENDA:
“Motion by Comr. Haadsma, supported by Comr. Rocho, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the February 4, 2010 agenda as presented.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Haadsma, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the January 21, 2010 minutes as presented.”
Voice Vote: Motion CARRIED
CONSENT AGENDA:
Res. 14-2010
“Motion by Comr. Rocho, supported by Comr. Gerow, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the following February 4, 2010 Consent Agenda as presented:
- Petitions, Communications, Reports:
| (1) |
Resolution received from Oceana
County supporting the final report of the Legislative Commission
on Statutory Mandates. (Received and placed on file) |
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| (2) |
Communication received from the
Department of Labor, Employment and Training Administration,
providing Bostik, Inc. certification regarding workers’
eligibility to apply for worker adjustment assistance. (Received
and placed on file) |
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| (3) |
Resolution to approve debt issuance
received from the Road Commission Board. (Received and placed on
file) |
- Resolutions:
| (1) |
Senior Millage
Allocation Committee Appointment |
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(Term Expires April 30,
2012) |
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{a} |
Tiana Cannon (Replacing Matt Lynn) |
Voice Vote: Motion CARRIED
SPECIAL COMMITTEE/WORKSHOP/BOARD REPORTS:
Legislative Liaisons
Res. 15-2010
“Motion by Comr. Haadsma, supported by Comr. Camp, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, the electorate of the State of Michigan passed an
amendment in November 1978 to the State’s Constitution that required
the State to fund mandates imposed on local units of government (often
referred to as the “Headlee Amendment”); and
WHEREAS, the Headlee Amendment (Article IX, Section 29) states:
“The state is hereby prohibited from reducing the state financed
proportion of the necessary costs of any existing activity or service
required of units of Local Government by state law. A new activity or
service or an increase in the level of any activity or service beyond
that required by existing law shall not be required by the Legislature
or any state agency of units of Local Government, unless a state
appropriation is made and disbursed to pay the unit of Local
Government for any necessary increased costs. The provision of this
section shall not apply to costs incurred pursuant to Article VI,
Section 18.”; and
WHEREAS, the Headlee Amendment became effective on December 23,
1978; and
WHEREAS, the State Legislature established the Legislative
Commission on Statutory Mandates (LCSM) through P.A. 98 of 2007, as
amended by P.A. 356 of 2008 and assigned the LCSM to identify mandates
(including those involving reports) and the related cost of the
mandates to local units of government, along with recommendations to
resolve the unfunded mandates; and
WHEREAS, the LCSM worked with the Citizens Research Council (issued
an analysis of other state’s statutes and constitutional requirements
similar to the Headlee Amendment) and local units of government
associations, including:
- Michigan Association of Counties.
- Michigan Municipal League.
- Michigan Township Association.
- Michigan School Business Officials and Michigan Association of
School Administrators.
- Michigan Community College Association.
- County Road Association of Michigan; and
WHEREAS, the LCSM issued a report in June 2009 entitled “Interim
Report of the Legislative Commission on Statutory Mandates” that
indicated, among other matters, that the State had failed to enact
legislation enabling the Headlee Amendment and has not complied with
the Headlee Amendment since its adoption in 1978; and
WHEREAS, the LCSM has completed its report in December 2009
entitled “Final Report of the Legislative Commission on Statutory
Mandates” that reaffirms the Interim Report results and provides
recommendations, including but not limited to:
- Drafted legislation and court rules that would mitigate unfunded
mandates imposed on local units of government in the future.
- Proposed procedures that will prevent new unfunded mandates from
being imposed on local units of government.
- Proposed procedures that would be corrective should unfunded
mandates be imposed that include, among other requirements:
- A submission of an action before the Court of
Appeals to be heard by a special master in order to rule on whether
the matter is a mandate and if the mandate is underfunded.
- Require the Court of Appeals to rule on the above
within six months of the filing.
- Should the Court of Appeals not rule on the above
within six months, the local unit of government would have no
obligation to continue to provide the services until such time as
the State complies with the Headlee Amendment.
WHEREAS, the Michigan Association of Counties adopted a resolution
of support for the recommendations contained in the final LCSM report
in December 2009.
NOW, THEREFORE, BE IT RESOLVED, that the Calhoun County Board of
Commissioners supports the findings and recommendations in the interim
and final reports of the Legislative Commission on Statutory Mandates
and encourages the Governor, Legislature and Supreme Court to adopt
and enact the recommendations cited in the final report; and
BE IT FURTHER RESOLVED, that the Calhoun County Board of
Commissioners approves the release of this resolution to be
distributed to the Governor, Legislators, Supreme Court and local
units of government legislative boards and executives located within
Calhoun County.”
Voice Vote: Motion CARRIED
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
Foreclosure Update
Treasurer Ann Rosenbaum provided information regarding Neighborhood
Stabilization Program II funding being received by Battle Creek City,
state foreclosure rates, and county foreclosure totals from 2005 through
2009.
Resolution to Borrow Against Anticipated 2009 Delinquent Taxes
Res. 16-2010
“Motion by Comr. Rocho, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Resolution to Borrow Against Anticipated Delinquent 2009
Taxes (ATTACHMENT A) as presented by the Calhoun County Treasurer.”
| Roll call vote: |
Yes - 6 (Comrs. Rocho, Todd, Camp,
Gerow, Haadsma and Lee) |
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Excused - 1 (Comr. Rae) |
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Motion CARRIED |
County Agent Designation Resolution
Res. 17-2010
“Motion by Comr. Haadsma, supported by Comr. Lee, resolved by the
Calhoun County Board of Commissioners adopt the following:
WHEREAS, the County Board of Commissioners of the County of
Calhoun, Michigan (the “County”) has adopted a resolution authorizing
issuance of the County’s General Obligation Limited Tax Notes, Series
2010 (the “Notes”) for the purpose of establishing a fund (the “100%
Tax Payment Fund”) to pay the 2009 delinquent taxes on real property
to the County and political subdivisions within the County pursuant to
Act No. 206 of the Public Acts of 1893, as amended (“Act 206"); and
WHEREAS, the County Board of Commissioners wishes to appoint the
County Treasurer as Agent for the County in connection with the Notes
and all transactions relative to the 100% Tax Payment Fund, and the
County Treasurer is eligible for payment of services as Agent for the
County pursuant to Section 87c subsections 3 and 15 of Act 206
(“Section 87c”); and
WHEREAS, the County Board of Commissioners wishes to authorize
payment to the County Treasurer for services as Agent and to the
County Treasurer’s Office to defer administrative expenses in
connection with the issuance of the Notes and the maintenance of the
100% Tax Payment Fund, all as authorized by Section 87c.
NOW, THEREFORE, BE IT RESOLVED THAT:
- The County Treasurer is hereby designated as Agent for the
County in connection with the Notes and all transactions relative to
the 100% Tax Payment Fund pursuant to Section 87c. The County
Treasurer is eligible to be paid for services as Agent for the
County pursuant to Section 87c, and the County Treasurer and the
Treasurer’s Office shall respectively receive such sums as are
provided in Section 87c for the services as Agent for the County and
to cover administrative expenses, after current debt service
requirements on the Notes have been met. Such sums may be surplus
moneys in the 100% Tax Payment Fund or from County property tax
administration fees before such fees are applied to debt service on
the Notes.
- All resolutions or parts of resolutions conflicting with this
Resolution are hereby repealed.”
| Roll call vote: |
Yes - 6 (Comrs. Rocho, Todd, Camp,
Gerow, Haadsma and Lee) |
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Excused - 1 (Comr. Rae) |
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Motion CARRIED |
Cognitive Education Programs Agreement
Res. 18-2010
“Motion by Comr. Rocho, supported by Comr. Camp, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the FY 2010 Cognitive Education Programs Agreement between
Calhoun County Community Corrections and Cognitive Interventions for
the provision of cognitive education programs to inmates in the
Calhoun County Correctional Facility in the amount not to exceed
$34,786 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 and Calhoun County Community Corrections.”
| Roll call vote: |
Yes - 6 (Comrs. Todd, Camp, Gerow,
Haadsma, Lee and Rocho) |
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Excused - 1 (Comr. Rae) |
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Motion CARRIED |
Software Purchase and Implementation Request
Res. 19-2010
“Motion by Comr. Gerow, supported by Comr. Haadsma, adopt the
following: Resolved by the Calhoun County Board of Commissioners
approve the Health Department’s request to purchase and implement the
Netsmart Insight Software for a total cost of $94,374.28; further,
authorize the Health Officer to execute the Business Associate
Agreement, and the License and Service Agreement between Netsmart
Technologies, Inc. and the Calhoun County Health Department.”
| Roll call vote: |
Yes - 6 (Comrs. Camp, Gerow, Haadsma,
Lee, Rocho and Todd) |
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Excused - 1 (Comr. Rae) |
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Motion CARRIED |
COMMISSIONERS’ TIME:
Comr. Rocho thanked Mr. Gillum for the tour of the Juvenile Home
School Program for school officials. Comr. Rocho advised that students
at the Juvenile Home were not receiving credit for work at the Home,
which was a stumbling block for the schools, and as a result of the tour
people were convinced that the Juvenile Home provides good schooling.
Vice Chairman Todd recognized Sheriff Department Officer Luis Rivera,
who was willing to try to save a life even while that individual was
willing to take Officer Rivera’s life. Vice Chairman Todd commended all
the men and women in uniform.
CLAIMS PAYABLE LISTINGS:
Res. 20-2010
“Motion by Comr. Haadsma, supported by Comr. Rocho, 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 $1,235,126.74 for the two {2}weeks ending January 28, 2010.”
| Roll call vote: |
Yes - 6 (Comrs. Gerow, Haadsma, Lee,
Rocho, Todd and Camp) |
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Excused - 1 (Comr. Rae) |
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Motion CARRIED |
ANNOUNCEMENTS:
Comr. Camp invited everyone to Community Action’s Walk For Warmth on
Saturday, February 27 in Battle Creek and Albion.
ADJOURNMENT:
The meeting adjourned at 7:36 p.m at the call of the Vice Chair.
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Several photos included in this 
