October 14, 2009

 

 

The Roscommon County Board of Commissioner’s met on Wednesday, October 14, 2009 for a regular meeting.  Chairman Nellist called the meeting to order at 10:00 A.M.

 

The Pledge of Allegiance was recited.

 

Roll Call:  Nellist, Melvin, Schneider, Milburn, Stephan.

 

Also Present:  Herb Weatherly;  Larry Miller;  Maureen Daugherty, Roscommon County Transit Authority;  Lois Byrd, Roscommon County Economic Board;  Al Schultz, RCTA;

Glenn Schicker, H.L. Resorter;  Jeff Patrus, Herald News;  Carrie Perialas, E-911;  Larry Paxton;  Rebecca Ragan, County Treasurer;  Bill Ancel, Road Commission;  Randy Stevenson, Sheriff;  Steve LeMire, Lt. Sheriff’s Dept.;  Theresa Roberts;  Frank Homola,

Gerrish Twp.;  John Clark, Equalization Director;  Lucille Eisbrenner, Gypsy Moth;  Dorothy Sunman, Canvasser’s;

 

            1.         Moved by Milburn, seconded by Schneider to approve the agenda as

                        presented and add #11 to implement GIS Improvement Program for

                        Roscommon County.  On roll call:  Ayes:  Nellist, Melvin, Schneider,

                        Milburn, Stephan.  Nays:  None.  Motion carried.

 

            2.         Moved by Stephan, seconded by Schneider to approve Board of

                        Commissioner’s Meeting minutes of September 9 and 23, 2009.

                        On roll call:  Ayes:  Schneider, Nellist, Melvin, Milburn, Stephan.

                        Nays:  None.  Motion carried.

 

            3.         Moved by Stephan, seconded by Milburn to approve Class A bills.

                        On roll call:  Ayes:  Melvin, Nellist, Milburn, Schneider, Stephan.

                        Nays:  None.  Motion carried.

 

            4.         Moved by Schneider, seconded by Stephan to approve Claims and

                        Accounts.  On roll call:  Ayes:  Milburn, Stephan, Schneider, Melvin,

                        Nellist.  Nays:  None.  Motion carried.

 

Controller’s Report – Cheryl still working on 2010 Budget.  There will be 911 union negotiations at 11:00 A.M. today in meeting room.  Road Commission approved Resolution to refinance.  There were 37 applicants for the maintenance position.  Interviews will be held next week. Talked about Energy Efficiency Grant.

 

Correspondence

            A.        Village of Roscommon

                        Re:  cancel meeting – Lear

            B.        St. Helen Shooting Club

                        Re:  St. Helen Lake Level

            C.        Citizens for Consolidation

                        Re:  Petition

            D.        Roscommon Road Commission

                        Re:  Closure of Drains

 

Visitors – None.

 

Old Business/New Business – repair of employees parking lot on hold because of budget.

It will be fixed.

 

Phil Bendily explained the GIS Program with John Clark, Equalization Director;  Carrie

Perialas, E-911;  and Lucille Eisbrenner, Gypsy Moth;

 

            5.         Moved by Stephan, seconded by Milburn to appoint Debra Van Wert

                        to fill vacancy to replace Judy Kobman’s term on the Board of Canvassers

                        from the Republican Party with term ending October 31, 2011.  On roll

                        call:  Ayes:  Melvin, Nellist, Schneider, Milburn, Stephan.  Nays:  None.

                        Motion carried. 

            6.         Moved by Milburn, seconded by Stephan to appoint Yvonne Snabes to the

                        Board of Canvasser’s from the Republican Party for a 6 year term.  On roll

                        call:  Ayes:  Schneider, Nellist, Melvin, Milburn, Stephan.  Nays:  None.

                        Motion carried.

 

            7.         Moved by Stephan, seconded by Schneider to appoint Janet Kozak to the

                        Board of Canvasser’s from Democratic Party for a 6 year term.  On roll

                        call:  Ayes:  Milburn, Schneider, Melvin, Nellist, Stephan.  Nays:  None.

                        Motion carried.

 

            8.         Moved by Melvin, seconded by Nellist to approve attached resolution in

                        regards to state funding and authorize all Commissioner’s to sign and send

                        a copy of signed resolution to Governor Granholm, State Senator Michelle

                        McManus and State Representative Joel Sheltrown.

 

RESOLUTION

 

                        WE, the ROSCOMMON COUNTY BOARD OF COMMISSIONER’S,

                        submit the following resolution for your consideration:

 

                        WHEREAS, each county government primarily acts as an “agent” of the

                        state, with the majority of budgeted activity performed to extend various

                        powers of state government throughout the state, providing state mandated

                        services for the benefit of Michigan residents; and

 

                        WHEREAS, state legislators pass into law various provisions as to how

                        these state mandated services performed by the county are to be

                        proportionately  funded by the state; and

 

                        WHEREAS,  over time, many state elected officials have apparently lost

                        an understanding of this inter-connected relationship between the two

                        levels of Michigan government, and of the laws in place that REQUIRE

                        certain levels of state funding to counties and prohibit unfunded

                        mandates; and

 

                        WHEREAS, recent examples which are crippling county governments’

                        ability to provided necessary and mandated services, include the

                        following:

 

                                    In 1978, the voters of Michigan approved the “Headlee

                                    Amendment”, which protects counties from unfunded

                                    mandates from the state legislature; yet despite this

                                    constitutional limit placed upon the state government, the

                                    legislature has continued to add more mandates for counties,

                                    while cutting funding year after year to county governments;

 

                                    PA 140 “Glenn Steil state revenue sharing act of 1971”, whereas    

                                    for the past several years the state has not followed the statutory

                                    formula (MCL 141.911) that requires 21.3% of the 4% of

                                    sales tax be directed to local governments and 25% of that local

                                    government revenue sharing go to counties;

 

                                    PA 356 of 2004 “County Revenue Sharing Reserve Fund” (MCL

                                    141.911) temporarily suspended the above law, taxed all Michigan

                                    residents earlier than previously scheduled for property taxes, and

                                    utilized these revenues as a temporary replacement to the statutory

                                    revenue sharing for counties, with a stipulation to return counties

                                    IN FULL to their previous revenue sharing when this alternate

                                    source of revenue is depleted, yet state proposals now call for

                                    ignoring that statutory mandate as well;

 

                                    PA 245 of 2008, Part 1, Line Item Appropriations, Section 103,

                                    Planning and Community Support, County Jail Reimbursement

                                    Program (MCL 769.35), whereas the county once again has been

                                    notified by the state that they will not make a fourth quarter

                                    reimbursement payment to the county for diverted felons, under a

                                    most disingenuously crafted provision of state law that states

                                    “expenditures shall not exceed the amount appropriated”;

 

                                    PA 513 OF 2004 “Payment in Lieu of Taxes on Certain Lands”

                                    (PILT), whereas payments to counties for certain real property

                                    owned by the state and controlled by the DNR in lieu of paying

                                    local property taxes (MCL141.91) have not been made; and

 

                        WHEREAS, state officials must follow their own state laws if they expect

                        the citizens to do so, must pass appropriate legislation that properly funds

                        mandates and not disingenuous laws that provide loopholes for the state

                        government to shift their burden when desired, and must not balance their

                        budget by withholding required payments to counties while expecting to

                        receive revenues back from the counties in full; and

 

                        WHEREAS, it is the right and duty of citizens to hold their government

                        accountable to follow the law, and the ROSCOMMON COUNTY

                        BOARD OF COMMISSIONER’S , as duly elected citizens, insists

                        that the state government adhere to ALL the laws passed by the state

                        legislature and pay ALL payments in FULL to the counties; now

 

                        THEREFORE, BE IT RESOLVED that this Board of Commissioners of

                        Roscommon County intends to explore every legal means of withholding,

            dollar for dollar, any payment due to the State of Michigan where the

            state has withheld payments to the County of Roscommon that are

            mandated, utilizing the same criteria as state legislation, in which the

            county will direct that “expenditures shall not exceed the amount

            appropriated”, wherein to ensure a balanced budget as required by

            law, the amount appropriated for various payments to the state

            shall be decreased if state mandated payments to the county are

            decreased if state mandated payments to the county are decreased; and

 

BE IT FURTHER RESOLVED, that this Board of Commissioner’s  of

                        Roscommon County does so begrudgingly, as we and all citizens expect

                        better from our government that serves us;  we hope that we will not

                        have to resort to such a measure, but rather that the state will find a

                        way to balance its revenues and expenditures the same way counties

                        do-through appropriate cuts that do not include withholding payments

                        that have been legally agreed to be made for services directed to be

                        provided.

 

                        Respectfully submitted,

                        ROSCOMMON COUNTY BOARD OF COMMISSIONERS  

                        Dated:  October 14, 2009

 

                        On roll call:  Ayes:  Stephan, Melvin, Nellist, Schneider, Milburn.

                        Nays:  None.  Motion carried.                                                                                                                                                                                                                       

            9.         Moved by Stephan, seconded by Milburn to adopt the L-4402 Statement

                        showing taxable valuations and mills apportioned by the County Board of

                        Commissioner’s for the year 2009 and authorize John Clark, Equalization

                        Director to sign the L-4402.  On roll call:  Ayes:  Melvin, Nellist,

                        Schneider, Milburn, Stephan.  Nays:  None.  Motion carried.

 

            10.       Moved by Schneider, seconded by Stephan to re-appoint Al Shultz, Greg

                        Bush, Richard Wood and Richard Koupal for a two (2) year term

                        beginning October 1, 2009 through September 30, 2011 to the

                        Roscommon County Transit Authority Board of Directors.  On roll call:

                        Ayes:  Schneider, Melvin, Nellist, Stephan, Milburn.  Nays:  None.

                        Motion carried.

 

            11.       Moved by Milburn, seconded by Schneider to approve Michigan Green

                        Communities Challenge Resolution as presented and authorize Chairman

                        Edward Nellist to sign. 

 

Michigan Green Communities Challenge Resolution

 

                        WHEREAS, the Board of Commissioner’s for Roscommon County wants

                        to emphasize the benefits of energy efficiency and conservation.;

 

                        The Board of Commissioners wants to demonstrate that energy efficiency

                        and conservation practices can be applied to the daily governmental

                        operations and to infrastructure projects;

 

                        The Board of Commissioners  seeks to find methods of service delivery

                        and operations that conserve energy and resources, savings taxpayer

                        dollars and protecting and preserving the environment;

 

                        The Board of Commissioners recognizes that sound energy efficiency and

                        conservation practices can reduce government costs over the long term;

 

                        The Board of Commissioners will lead by example to show the

                        practicality and effectiveness of these practices; and

 

                        The Board of Commissioners seeks to encourage its citizens and

                        businesses to initiate stewardship activities that benefit the environment

                        and their community;

 

ACCORDINGLY, IT IS RESOLVED THAT THE Board of

                        Commissioners for Roscommon County accepts the Michigan

                        Green Communities Challenge and pledges to work toward

                        achieving the goals of the Basic Challenge over the next three

                        years.

 

                        Adopted by the Board of Commissioners of Roscommon County this 14th

                        day of October, 2009.

 

                        On roll call:  Ayes:  Stephan, Melvin, Nellist, Schneider, Milburn.  Nays:

                        None.  Motion carried.

 

            12.       Moved by Melvin, seconded by Milburn to enter into the Multi-County

                        Buying Agreement as presented and authorize Chairman, Edward Nellist

                        to sign.  On roll call:  Ayes:  Stephan, Milburn, Schneider, Melvin, Nellist.

                        Nays:  None.  Motion carried.

 

            13.       Moved by Schneider, seconded by Milburn to award ACH Payroll Direct

                        Deposit to Chase Bank who presented the lowest proposal.  On roll call:

                        Ayes:  Milburn, Schneider, Melvin, Nellist, Stephan.  Nays:  None. 

                        Motion carried.

 

            14.       Moved by Stephan, seconded by Nellist to approve resolution to amend

                        resolution to authorize issuance of Michigan Transportation Fund

                        Refunding Bonds, Series 2009 and authorize necessary personnel

                        to sign documentation.

 

COUNTY OF ROSCOMMON

STATE OF MICHIGAN

 

RESOLUTION TO AMEND

RESOLUTION TO AUTHORIZE ISSUANCE OF MICHIGAN

TRANSPORTATION FUND REFUNDING BONDS, SERIES 2009

Minutes of a regular meeting of the Board of Commissioners of the County

            of Roscommon, Michigan, held in the County Building in Roscommon,

            Michigan on the 14th day of October, 2009, at 10:00 A.M. Local Time.

            Present:  Commissioners: Nellist, Melvin, Schneider, Milburn, & Stephan

            Absent:   None.

            The following preamble and resolution were offered by Commissioner Stephan

            and supported by Commissioner Nellist.

           

WHEREAS, the County Board of Commissioners on June 13, 2007 adopted

            the “Resolution to Authorize Issuance of Michigan Transportation Fund

            Refunding Bonds, Series 2007” (the “ Bond Authorizing Resolution”),

            which provided, in part, in Paragraph 15 that the Refunding Bonds were

            to be sold, upon satisfaction of various conditions, to Oppenheimer & Co.,

            Inc. as the Underwriter, pursuant to a Bond Purchase Agreement; and

           

WHEREAS, the County Board of Commissioners on November 14, 2007

            amended Paragraph 15 of the Bond Authorizing Resolution to add Robert W.

            Baird & Co., Inc. as co-Underwriter; and     

           

WHEREAS, the County Board of Commissioners on February 27, 2008 further

            amended Paragraph 15 of the Bond Authorizing Resolution to approve Raymond

            James & Associates, Inc. as sole Underwriter for the proposed refunding bonds;

            and

            On roll call:  Ayes:  Schneider, Melvin, Nellist, Milburn, Stephan.  Nays:  None.

            Motion carried.

 

15.       Moved by Melvin, seconded by Schneider to authorize infogeographics, Inc. to

            implement GIS Improvement Program for Roscommon County as outlined in

            GIS Program Report dated May, 2009 at a cost of $40,755.00.  Cost to be

            split as follows:  911 – 60%, Gypsy Moth – 20% and General Fund – 20%.

            On roll call:  Ayes:  Melvin, Nellist, Schneider, Milburn, Stephan.  Nays:  None.

            Motion carried.

 

COMMITTEE REPORTS

Schneider – Discussed budget meetings.  We need to run County like a business.  Dept.

Heads told to cut back 10%.  He welcomes any ideas.  Anybody can come to the meetings and listen.  We need to work together as a group on the budget.  Nikomis is

closing.  Hub Market in Prudenville and Daly’s Market in Roscommon is having financial difficulty.  Fine Arts Show in the Annex next weekend from Kirtland.

Nellist – will attend meeting at NMC Assoc. in Gaylord, any commissioners invited.

Milburn – Attended Denton Township Meeting last week. 

Melvin – Attended Veterans Affairs meeting first of the month.  Paid gas bill for a single mom whose service was being shut off.  Dam is flowing too fast for fish going into

Higgins Lake.  Met with DNR.

Stephan – On the 28th of September met with Second Chance Academy.  Meeting today with budget.  Meeting with District Health next Monday in Mt. Pleasant. Meeting with all

employees on the 20th at 3:30 P.M.

 

16.       Moved by Milburn, seconded by Schneider to adjourn meeting.  On roll call: 

            Ayes:  Melvin, Schneider, Milburn, Stephan. Nellist.  Nays:  None.  Motion

            carried.

 

Meeting adjourned at 11:30 A.M.

 

 

______________________________            ______________________________

Edward Nellist, Chairman                              Ann M. Bonk, County Clerk