MONTCALM COUNTY BOARD OF COMMISSIONERS Regular Meeting Monday, December 19, 2016 1:30 PM The regular meeting was called to order by Chairman Carr at 1:30 p.m. The meeting opened with the Pledge of Allegiance. Pastor Mark Edwards from Trinity Church in Stanton offered invocation. Members present at roll call: Commissioners Reyburn, Lindeman, Kellenberger, Braman, Retzloff, Carr, Baker, Porter and Johansen. Members absent: None. Others present: Kristen Millard, Jeremy Miller, Marty Posekany, Roger Thelen, John Ax, JoAnne Vukin, Brenda Taeter, Mike Williams, Lori Wilson, Andrea Krause, Holly Cook and Elisabeth Waldon. Moved by Commissioner Reyburn supported by Commissioner Lindeman to approve the November 7, 2016 minutes as written. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Kellenberger to approve the agenda as presented. Motion carried. Public comments were offered. Holly Cook, Trufant, addressed the board and urged them to consider holding some of their meeting in the evening in 2017 so the public can attend. The Controller s office provided the board with a one year Extension of Agreement with Kent County for Equalization Services. Chairman Carr stated that since Matt Woolford could not be in attendance today, and correspondence has been received from Bob Clingenpeel indicating that he is recommending the transfer of the day to day oversight of the Equalization Department to Lori Wilson, Register of Deeds, however that transfer is not referenced in the agreement presented today, he is recommending that the board postpone acting on the agreement until the January 10, 2016 meeting. Moved by Commissioner Retzloff, supported by Commissioner Kellenberger to postpone the one year extension of the Kent County agreement until January 10, 2016. Motion carried. Chairman Carr stated that Bob Clingenpeel indicated in his email that he wants to transfer the supervision of day to day operations of Equalization to Lori Wilson. Ms. Wilson entered the meeting and was asked if delaying the extension with Kent County would negatively impact her assuming the day to day operations of the Equalization Department. Ms. Wilson indicated that there has been discussion and she is interested in talking about the transfer of day to day operations to her office, but she believes there are still things that need to be talked about so she is in agreement with waiting until January 10, 2016. Commissioner Retzloff stated that with what is on the table, a year extension may not be necessary. Possibly the board should consider a 6 month extension instead. That will be discussed at the January 10 th meeting. The Controller s office provided the board with a letter from the Montcalm Care Network asking that Amanda Shaffer be appointed to the Mental Health Board to replace Ralph Hauenstein. Moved by Commissioner Retzloff, supported by Commissioner Kellenberger to appoint Amanda Shaffer to the Mental Health Board, term to expire March 31, 2017. Motion carried. The Controller s office provided the board a letter from the Montcalm Conservation District asking that Mark Sabin be appointed to the Montcalm County Solid Waste Committee to replace Merrill Johnson. 1
Moved by Commissioner Retzloff, supported by Commissioner Reyburn to appoint Mark Sabin, Montcalm Conservation District Director, to the Montcalm Solid Waste Committee. Motion carried. The Controller s office provided the board with list of fees charged by Montcalm County departments. Moved by Commissioner Reyburn, supported by Commissioner Kellenberger to approve the Montcalm County fee schedule. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Johansen to approve consent agenda items 5 through 10 and move stated action: Controller 2017 Blue Cross Blue Shield Rates Place on file Controller MMDHD Resource Recovery Services Agreement Place on file Controller Resolution Adopting MERS Defined Benefit Plan Place on file Controller Letter of Agreement, MI AFSCME Council 25, Local 3067.03 Place on file Controller Agreement for MSU Extension Services Place on file Scott Minard Dodge Report, November 2016 Place on file Motion carried. At 1:41 p.m. Scott Wright and Eric McLaughlin were in attendance to request a cooling system in the server room at the Sheriff s Department. Mr. McLaughlin explained that the current cooling system is liquid cooled and cost the maintenance department approximately $1,000 a year in city water bills. That system quit working two and half weeks ago and they are currently using a portable cooling system to cool the room. Bids were requested and they are recommending the board to accept the bid from Collar Heading and Cooling in the amount of $4,265.00 for a non liquid cooled system. Moved by Commissioner Johansen, supported by Commissioner Lindeman to accept the recommendation from Mr. McLaughlin and Mr. Wright and accept the bid from Collar Heating and Cooling in the amount of $4,265.00. Motion carried. At 1:48 p.m. Eric McLaughlin, IT Director, addressed the board regarding replacing the commissioner s ipad s with either a new ipad Pro or Chromebooks. The current ipads are outdated and not able to be updated. Mr. McLaughlin stated that the nice thing about the Chromebook is that it does have a keyboard. Mr. McLaughlin obtained quotes and received the following: ipad s would be $825 each. Chromebook comes in either HP or Samsung: o HP $178.40 o Samsung $189.82 Mr. McLaughlin recommended allowing the commissioners to buy their current devices if they would like, as well addressed whether the Commissioners would buy their own new devices, or whether the county would buy them. He stated that some Commissioners have indicated that they want to stay with the ipad and others have indicated they would like something with a keyboard, which would be the Chromebook. If the commissioner s start picking and choosing which device they use it could possibly change the pricing because the bids were received based on 13 devices. However he does not think it will have a significant impact. Mr. McLaughlin stated that he would be able to support whichever device individual commissioners decide on. Moved by Commissioner Johansen, supported by Commissioner Baker that the County Commissioners personally purchase their own correspondence devices. Motion carried. 2
Mr. McLaughlin needs all of the board members to let him know which device they would like and then he will request new bids. Brenda Taeter stated that it would be best if the commissioners would write a check directly to the county for their new devices. Mr. McLaughlin addressed the Cost Recover/Disposal program. He explained that this is the third revision of the plan and has reached out to find out if it is allowable to sell to employees first. He stated that most counties do sell to employees first, then to the public and then to salvage. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to approve and adopt the Cost Recovery/Disposal Program as presented by Eric McLaughlin. Motion carried. Commissioner Johansen stated that there are alot of items stored in the old jail and he would like to see something similar to this disposal program happen with those items. Mr. McLaughlin explained that once he goes through the process with the IT equipment then he will discuss disposal of the other items with Scott Wright, Maintenance Director. Moved by Commissioner Retzloff, supported by Commissioner Baker to place the November 7, 2016 Collective Bargaining Committee minutes on file. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Porter to submit the 2017 Survey and Remonumentation Grant Application in the amount of $51,994.00. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Porter to continue with membership dues of $4,117.23 with West Michigan Regional Planning Commission. Motion carried. Moved by Commissioner Johansen, supported by Commissioner Reyburn to place the December 5, 2016, Economic Development and Physical Resources Committee minutes on file. Motion carried. Moved by Commissioner Baker, supported by Commissioner Retzloff to approve the Crystal Township Police Protection agreement and allow for the appropriate signatures. Motion carried. Moved by Commissioner Baker, supported by Commissioner Retzloff to allow the Sheriff to recall one employee from laid off status. Motion carried. Moved by Commissioner Baker, supported by Commissioner Retzloff to approve the Reynolds Township Police Agreement and allow for the appropriate signatures. Motion carried. Moved by Commissioner Baker, supported by Commissioner Retzloff to approve the Village of Howard City Police Protection Agreement and allow for appropriate signatures with rates for 2019 to be set at a later date. Motion carried. Moved by Commissioner Baker, supported by Commissioner Lindeman to retain the Child Support Specialist job under the Prosecutor s Office budget indefinitely with quarterly reviews to mark progress. Motion carried. Moved by Commissioner Baker, supported by Commissioner Johansen to approve adopting RESOLUTION 2016 13 as presented by the Treasurer to transfer $1.3 million from the Delinquent Tax Revolving Fund to the General Fund: RESOLUTION RECEIVING ADVICE FROM THE COUNTY TREASURER AS TO A SURPLUS WHICH CAN BE TRANSFERRED FROM THE MONTCALM COUNTY DELINQUENT TAX REVOLVING FUND TO THE MONTCALM COUNTY GENERAL FUND 3
WHEREAS, Section 87b(7) of Act No. 206, Michigan Public Acts of 1893, as amended ("Act 206") authorizes the Board of Commissioners to transfer to the Montcalm County General Fund any surplus in the Montcalm County Delinquent Tax Revolving Fund (the DTRF ) by appropriate action of the Board of Commissioners; and WHEREAS, the Montcalm County Controller, working in conjunction with Rehmann and Municipal Financial Consultants Incorporated, has recommended that an additional $1,300,000 be transferred from the DTRF to the General Fund in order to cover additional amounts which will be needed to be transferred from the General Fund to various other funds to balance the obligations of the General Fund as of September 30, 2016; WHEREAS, the Montcalm County Treasurer is in the process of issuing General Obligation Limited Tax Notes, Series 2016 (the 2016 Borrowing ) in order to provide sufficient funds to make such transfer; and WHEREAS, the funds from the 2016 Borrowing should be available in December of 2016 or January of 2017; and WHEREAS, once the 2016 Borrowing is completed, the Montcalm County Treasurer hereby declares that a surplus of $1,300,000 exists in the DTRF. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD AS FOLLOWS: 1. The Montcalm County Treasurer is authorized to transfer $1,300,000 to the General Fund as soon as she receives the proceeds of the 2016 borrowing. 2. The Montcalm County Treasurer intends to hold the balance of the proceeds from the 2016 borrowing in the DTRF until and unless further amounts are determined to be needed by the General Fund after this resolution is adopted. 3. Further transfers of surplus amounts will be specifically approved after recommendation by the Montcalm County Treasurer by resolution of the Board of Commissioners. Under discussion John Axe and JoAnne Vukin, County Treasurer, were in attendance to discuss the proposed resolution. Mr. Axe referred to a memorandum he sent to the board last week. In October the board authorized the Treasurer to borrow against the balance that is still owed on the 2014 & 2015 delinquent taxes, as of November 1, 2016. He stated the bond was being sold tomorrow, December 20, 2016. Mr. Axe referred to a second memorandum that he sent to the board from Municipal Financial. He explained that it is taking longer than anticipated to have the 2016 audit completed because it has been discovered that the figures used for the 2015 audit are not adding up. Rehmann is doing the work to get a good number as of September 30, 2015. Mr. Axe stated he is very disappointed it is taking this long. However, everything that can be done is being done. This has not been an easy situation. Motion carried on the resolution. Moved by Commissioner Baker, supported by Commissioner Kellenberger to allow EMS to sell the 2011 Chevy 3500 VIN # 1GBCOG1BF249442 to the highest bidder using M & W Auction Service. Motion carried. 4
Moved by Commissioner Baker, supported by Commissioner Lindeman to approve the Staffing Control Summary and Wage Scale for 2017. Motion carried. Moved by Commissioner Baker, supported by Commissioner Kellenberger to approve warrant number 120516 in the amount of $602,340.28 Motion carried with Commissioner Lindeman voting no. Moved by Commissioner Baker, supported by Commissioner Braman to place the December 5, 2016, Finance and Personnel Committee minutes on file. Motion carried. Kristen Millard, County Clerk, addressed the board regarding the election programming stipend she has been paid since 2005. She was informed by the County Controller that the board needs to approve the stipend, even though it was authorized in the 2017 budget. Ms. Millard provide the board with information regarding how the stipend came about and provided the board with documentation on the fees set by the board; the revenues produced by her doing the election programming; as well as the expenses saved by her agreement with the board for her to program the past 46 elections. She is paid a stipend of $7,000 per year to do the programming instead of contracting with ES&S. She then bills the local units based on the fees set by the board, producing revenues for 2016 in excess of $73,000. She stated that by her conducting the programming instead of hiring an outside vendor she has offset bills from a programming vendor in the amount of $315,000 over the past 11 years. Ms. Millard provided the board with invoices from Gratiot County; the programming fees charged by ES&S; the revenues her programming generated in 2016; and the fees set by the Board of Commissioners for programming. Commissioner Retzloff stated that he feels a savings should be given to the local units instead of the county generating revenue. Ms. Millard responded by saying that the local units of government will be paying these fees regardless of whether they are paying them to the vendor, which is outside of the state of Michigan, or to the County. She stated that the local units of government have been very happy with the services they are provided with her programming. They are provided their test deck sheets, which is very complicated and would not be provided by the outside vendor. She isn t opposed to giving the local units a break on the programming but the county has come to rely on the revenue she has generated. Should the board wish to give the local units a break, the board can do so since they set the fees. Commissioner Johansen and Kellenberger voiced their concerns over the legality of paying an elected official a stipend over their regular wage. Commissioner Kellenberger read from a statute that referenced elected officials salaries for services provided. Ms. Millard informed the board that the election programming is not part of her statutory duties. As clerk she is required to prepare and furnish the ballots, but there is no requirement for the clerk to conduct the programming. She stated that most counties outsource the programming. Commissioner Lindeman asked the Clerk if she has staff to assist her in the programming. Ms. Millard indicated that she does not. Her Chief Deputy handles the Qualified Voter File function for the local units, but when it comes to the programming and conducting the election she does not have any help. She does it all herself and it is done after hours. Commissioner Lindeman stated he has always been in support of her programming and commended her on a job well done. Moved by Commissioner Johansen, supported by Commissioner Baker to postpone a decision on the County Clerk Election Stipend until the first regular meeting of the Board of Commissioners in January and advise the County Controller that the board needs an opinion on the legality of paying such a stipend. Motion carried. 5
Moved by Commissioner Retzloff, supported by Commissioner Baker to change the defined benefit pension vesting scheduled to match those of the deferred vesting schedules and eliminate deferred vesting effective January 1, 2017. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Reyburn to eliminate the late retirement option of the defined benefit pension plan for any employee hired on or after January 1, 2017. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Baker to allow employees to use the loan option through the defined contribution plan. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Johansen to place the December 5, 2016 Pension Trust Committee minutes on file. Motion carried. Moved by Commissioner Kellenberger, supported by Commissioner Braman to close any park that has not been adopted by March 15, 2017, for the 2017 season. Moved by Commissioner Lindeman, supported by Commissioner Porter table this issue. Roll call vote to table: Ayes: Commissioners Baker, Johansen, Reyburn and Lindeman. Nays: Commissioners Porter, Kellenberger, Braman, Retzloff and Carr. Motion to table failed. Roll call vote on original motion: Ayes: Commissioners Retzloff, Johansen, Kellenberger and Braman. Nays: Commissioners Carr, Baker, Porter, Reyburn and Lindeman. Motion failed. Moved by Commissioner Kellenberger, supported by Commissioner Johansen to appoint Commissioner Kellenberger to represent the Parks & Recreation Commission at the Millage Exploration Committee meetings. Under discussion Chairman Carr stated that he is not aware of a Millage Exploration Committee and therefore is not comfortable making an appointment to the committee. Commissioner Johansen stated that a public group is forming to explore putting millages on the ballot for non mandated services. Motion carried with Commissioners Carr and Lindeman voting no. Moved by Commissioner Kellenberger, supported by Commissioner Braman to place the December 6, 2016 Parks & Recreation Commission minutes on file. Motion carried. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to allow the Resource Recovery Coordinator to send out bids for corrugated cardboard disposal for 2017. Motion carried. Moved by Commissioner Lindeman, supported by Commissioner Kellenberger to place the December 8, 2016, Solid Waste Management Planning Committee minutes on file. Motion carried. Moved by Commissioner Retzloff, supported by Commissioner Kellenberger to place the December 13, 2016, Collective Bargaining Committee minutes on file. Motion carried. Public comments were offered. Commissioner Reyburn addressed the board and stated today is his last meeting and he has appreciated his time on the board. Moved by Commissioner Retzloff, supported by Commissioner Johansen to adjourn at 3:12 p.m. Motion carried. 6
Kristen Millard, County Clerk Patrick Q. Carr, Chairman 7