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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
April 18, 2006
The Equalization Session of the Calhoun County Board
of Commissioners convened at 7:00 p.m., Thursday, April 18, 2006 in the
Commissioners' Meeting Room, County Building, Marshall, Michigan.
Roll Call: Present: Comrs. Bolger, Miller, Moore,
Segal, Solis, Strowbridge and Todd.
INVOCATION AND PLEDGE OF ALLEGIANCE:
A Moment of Personal Prayer was observed; followed by
the Pledge of Allegiance, led by Comr. Todd.
APPROVAL OF AGENDA/ADDENDUM:
“Motion by Comr. Solis, supported by Comr. Bolger,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the April 18, 2006 agenda and addendum as
presented.”
Voice Vote: Motion CARRIED
APPROVAL OF MINUTES:
“Motion by Comr. Segal, supported by Comr. Moore,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the March 2, 2006 minutes as presented.”
Voice Vote: Motion CARRIED
SPECIAL ORDER OF BUSINESS:
National Business Women’s Week Proclamation
Comr. Solis read and presented the following
proclamation to Business Women’s Albion Chapter President Gail Loveless
and Chapter Vice President Barbara Frederick.
Res. 65-2006
“Motion by Comr. Segal, supported by Comr. Todd,
resolved by the Calhoun County Board of Commissioners approve the
following proclamation:
WHEREAS, working women constitute 66 million of the
nation’s work force and strive to serve their communities, their
states and their nation in professional, civic and cultural
capacities; and
WHEREAS, women-owned businesses account for 28
percent of all U.S. business, generating $1.15 Trillion in sales; and
WHEREAS, the major goals of Business and
Professional Women/USA and Business and Professional Women/MI are to
promote equality for all women and to help create better conditions
for working women through the study of social, educational, economic
and political problems; all of us are proud of their leadership in
these many fields of endeavor; and
WHEREAS, for 78 years Business and Professional
Women/USA and Business and Professional Women/MI have been
spotlighting the achievements and contributions of working women
during National Business Women’s Week.
THEREFORE, WE, the Calhoun County Board of
Commissioners, do hereby proclaim April 24 through April 29, 2006
NATIONAL BUSINESS WOMEN’S WEEK
in Calhoun County and urge the citizens of Calhoun
County, all civic and fraternal groups, all educational associations,
all news media and other community organizations to join this salute
to working women and encourage and promote the celebration of the
achievements of all business and professional women as they contribute
to our economic, civic and cultural purposes.”
Voice Vote: Motion CARRIED
Ms. Loveless advised that Tuesday of Business Women’s
Week is Equal Pay Day and the Chapter shall be holding an expo at the
Sheridan Township Hall.
Ms. Frederick thanked the Commission for the
proclamation and for their support for equal pay for women.
Crime Victims’ Rights Week Proclamation
Comr. Strowbridge read and presented the following
proclamation to Prosecutor Hallacy.
Res. 66-2006
“Motion by Comr. Bolger, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners approve the
following proclamation:
WHEREAS, President Ronald W. Reagan first declared
“National Crime Victims’ Rights Week” in 1981 to focus our Nation’s
attention on the plight of crime victims; and
WHEREAS, since 1981, America has joined together
annually to recognize the needs and rights of crime victims and
survivors during National Crime Victims’ Rights Week; and
WHEREAS, the week of April 23-29, 2006 has been
designated as National Crime Victims’ Rights Week; and
WHEREAS, despite impressive accomplishments in
crime victims’ rights and services, there remain many challenges to
ensure that all crime victims and survivors are treated with dignity
and respect, recognized as key participants within our systems of
justice, and afforded services that provide help and hope to them.
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun
County Board of Commissioners that April 23-29, 2006 is recognized as
Crime Victims’ Rights Week in Calhoun County. The Calhoun
County Board of Commissioners thanks and recognizes those Victims of
Crime, members of the Calhoun County Prosecutor’s Office, the Calhoun
County Sheriff’s Department and other Law Enforcement and Service
Agencies, who, through their cooperative effort in coordinating the
events of Crime Victims’ Rights Week, help heighten awareness of the
plight of those who are or become a victim of crime.”
Voice Vote: Motion CARRIED
Prosecutor John Hallacy expressed appreciation to the
Board for taking the time to recognize the week and invited Board
members, county staff and the community to attend the ceremony that
shall be held on the steps of the Calhoun County Justice Center.
Sexual Assault Awareness Month Proclamation
Comr. Segal read and presented the following
proclamation to Prosecutor Hallacy.
Res. 67-2006
“Motion by Comr. Bolger, supported by Comr. Solis,
resolved by the Calhoun County Board of Commissioners approve the
following proclamation:
WHEREAS, the month of April 2006 has been
designated as National Sexual Assault Awareness Month; and
WHEREAS, only 36% of rapes and sexual assaults are
reported to law enforcement; and
WHEREAS, among female victims of rape and sexual
assault, 67% of the crimes were committed by intimate partners,
relatives, friends or acquaintances; and
WHEREAS, one in four girls/women and one in seven
boys/men will be sexually assaulted in their lifetime.
NOW, THEREFORE, BE IT RESOLVED, by the Calhoun
County Board of Commissioners that April, 2006 is recognized as Sexual
Assault Awareness Month in Calhoun County. The Calhoun County
Board of Commissioners thanks and recognizes Sexual Assault Services
of Calhoun County, the Calhoun County Prosecutor’s Office, the Calhoun
County Sheriff’s Department and other Law Enforcement and Service
Agencies, who, through their cooperative effort have coordinated the
events of Sexual Assault Awareness Month.” Voice Vote: Motion CARRIED
Prosecutor Hallacy thanked the Commission for their
support, stating that it is important to heighten awareness regarding
the issue of sexual assaults. Prosecutor Hallacy advised that ten years
ago sexual assault services in Calhoun County came into existence.
Alcohol Awareness Month Proclamation
Comr. Moore read and presented the following
proclamation to Ms. Carol Meyer-Neidzwicki of the Substance Abuse
Council.
Res. 68-2006
“Motion by Comr. Moore, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners approve the
following proclamation:
WHEREAS, each year about 1,900 persons who are
under 21 die in motor vehicle crashes that involve underage drinking;
and
WHEREAS, alcohol is also involved in about 1,600
homicides and 300 suicides each year among persons under 21; and
WHEREAS, alcohol is the most frequently used drug
by high school seniors; and
WHEREAS, young people begin drinking, on average,
at 13.1 years of age; and
WHEREAS, young people who begin drinking before age
15 are 5 times more likely to develop alcohol dependence than those
who begin drinking at age 21; and
WHEREAS, alcohol abuse is linked to as many as
two-thirds of all sexual assaults and date rapes of teens and college
students and is a major factor in unprotected sex among youth,
increasing their risk of contracting HIV or other transmitted
diseases; and
WHEREAS, the typical American young person will see
100,000 beer commercials before he or she turns 18 (that is more than
for sneakers, gum, and jeans); and
WHEREAS, 13 percent of all youth, ages 12 -17, had
at least one serious problem related to drinking in the past year.
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A town hall meeting to reduce underage drinking
was held on March 28th to discuss actions to be taken and to kick
off alcohol awareness month in Calhoun County.
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A follow-up meeting will take place on April
25th.
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Local leaders and citizens throughout the county
are invited to be part of the solution by volunteering to teach a
lesson about alcohol to 5th and 6th grade students during the last
two weeks in April or the first two weeks in May. The Substance
Abuse Council will provide training and materials for “Teach-In”
presenters at sessions on April 13th and April 19th.
-
The Substance Abuse Council will provide schools
in Calhoun County with a letter addressed to parents to make them
aware of underage drinking events that may take place during the
prom and graduation season.
-
A media campaign will be conducted throughout the
month, including information about the dangers of underage drinking
during prom and graduation, as well as the community’s
responsibilities to help prevent underage drinking.
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The Substance Abuse Council will present a
display throughout the community to inform parents and youth about
underage drinking.
NOW THEREFORE, the Substance Abuse Council hereby
proclaims that April 2006 is Alcohol Awareness Month in Calhoun
County. We also call upon all citizens, parents, youth,
governmental agencies, public and private institutions, businesses and
workplaces, hospitals, and schools in Calhoun County to support
efforts that will reduce and prevent underage drinking in our
community.”
Voice Vote: Motion CARRIED
Ms. Meyer-Neidzwicki thanked the Board for the
proclamation and invited Board members to the Council’s next forum.
2006 Equalization Report
Equalization Director David Lee advised regarding the
assessment process. Mr. Lee reported that with one exception; e.g.,
Homer Township’s industrial real property category, all of the values
recommended are the same as recommended by the local units. Mr. Lee
advised that there was fairly good growth in values; e.g., an increase
of 4.68 percent for 2006. Mr. Lee recommended approval of the Report.
Comr. Strowbridge noted that from 2001 to 2006 the
agricultural classification has increased 53 percent.
Res. 69-2006
“Motion by Comr. Segal, supported by Comr. Bolger,
resolved by the Calhoun County Board of Commissioners adopt the
following:
WHEREAS, the Equalization Department has examined
the assessment rolls of the 19 Townships and four Cities within
Calhoun County to determine whether the real and personal property in
the respective Townships and Cities has been equally and uniformly
assessed; and
WHEREAS, based on this examination and studies it
conducted, the Equalization Department has prepared and presented to
the County Board of Commissioners the 2006 Equalization Report; and
WHEREAS, said Equalization Report presents
recommended County equalized valuations for each of the 19 Townships
and four Cities within the County; and
WHEREAS, the recommended County equalized
valuations were determined by adding to or deducting from the assessed
valuations of taxable property in the 19 Townships and four Cities
within the County an amount which represents true cash value.
NOW, THEREFORE BE IT RESOLVED, that the Calhoun
County Board of Commissioners accepts and adopts the recommended
County equalized valuations presented in the 2006 Equalization Report
prepared by the Calhoun County Equalization Department for a total
2006 equalized valuation of real and personal property of
$4,305,027,216, with the breakdown of equalized valuation by property
classification as follows:
| Agricultural Real Property |
$ 381,903,983 |
| Commercial Real Property |
$ 547,919,215 |
| Industrial Real Property |
$ 201,823,719 |
| Residential Real Property |
$2,643,131,761 |
| Developmental Real Property |
$ 5,378,800 |
| |
|
| Total Real Property |
$3,780,157,478 |
| |
|
| Total Personal Property |
$ 524,869,738 |
| |
|
| Total Real and Personal Property |
$4,305,027,216 |
BE IT FURTHER RESOLVED, that the Calhoun County
Board Chairman and the County Clerk/Register of Deeds are authorized
to sign the Report; further, that the County Administrator/Controller
and the Equalization Director are authorized to represent Calhoun
County at both preliminary and final State equalization sessions, if
deemed necessary.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
CONSENT AGENDA:
Res. 70-2006
“Motion by Comr. Strowbridge, supported by Comr.
Segal, adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the following April 18, 2006 Consent Agenda as
presented:
- Petitions, Communications, Reports:
| (1) |
Notice received
from the Michigan Department of Environmental Quality advising
that Presbyterian Villages of Michigan of Southfield, Michigan
has applied for a permit to construct a senior housing
development on a parcel located southeast of the intersection of
Dickman Road and Carl Avenue. (Received and placed on file) |
| |
|
| (2) |
Resolution received
from Oceana County supporting passage of legislation to allow
County Boards of Commissioners the option to assume the powers,
functions and duties of its Road Commission and to dissolve its
Board of County Road Commissioners. (Referred to the Legislative
Liaisons, with a copy remitted to Road Commission Managing
Director Dennis Randolph) |
- Reports:
| (1) |
2006 First Quarter Out-of-State
Travel Report |
Voice Vote: Motion CARRIED
UNFINISHED AND OLD BUSINESS:
Amendment of Board Resolution 36-2006 -- Senior Millage Renewal
Ballot Proposal
Res. 71-2006
“Motion by Comr. Bolger, supported by Comr. Moore,
adopt the following: Resolved by the Calhoun County Board of
Commissioners amend Resolution 36-2006 as follows:
Resolved by the Calhoun County Board of
Commissioners approve the proposed Senior Millage Renewal ballot
language (ATTACHMENT A) and the placing of the ballot proposal on the
August 8, 2006 election ballot as County Proposal 1.”
Comr. Bolger pointed out that the amendment only
designates the proposal as County Proposal 1 on the ballot.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
PETITIONS AND NEW BUSINESS:
County Administrator/Controller’s Report
2004 Homeland Security Grant Program Agreement
and FY 2006 Emergency Management Budget Amendment
County Administrator/Controller Greg Purcell advised
that the grant in the amount of $22,000 shall be used to purchase
communications equipment.
Sheriff Allen Byam advised that the grant is from the
Michigan Emergency Management and Homeland Security Division and
requires no county matching funds.
Res. 72-2006
“Motion by Comr. Bolger, supported by Comr. Moore,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the State of Michigan 2004 Homeland Security
Grant Program Grant Agreement between the Michigan Department of State
Police, Emergency Management and Homeland Security Division, and
Calhoun County in the amount of $22,000 for the period of April 1,
2006 through August 31, 2006, and authorize the Board Chairman to
execute said Agreement on behalf of Calhoun County; further, approve
the following budget amendment to the Sheriff Department’s 2006
Emergency Management budget:
| 266-2301-50200 |
SHSP: Interoperable Communications
Equipment |
$22,000 |
| 266-2301-98000 |
Equipment Purchase |
$22,000 |
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Calhoun County Medical Care Facility Millage Re-authorization
Mr. Purcell stated that the resolution presented is
for re-authorization of the Medical Care Facility’s current millage. Mr.
Purcell advised that the millage does not expire until 2007; however
that there is no county-wide election in 2007, and the county is
attempting to avoid the cost of a special election.
Medical Care Facility Finance Director Jill Robbins
advised that the Facility is a 120 bed skilled nursing home which is
owned and operated by the county and governed by the Human Services
Board that is appointed by the Board of Commissioners. Ms. Robbins
addressed services provided by the Facility; e.g., the Adult Day Care
Center, transportation services, a 24-hour Respite Program; and offered
to provide a brochure advising regarding the programs. Ms. Robbins also
pointed out that the Facility is the employer of 170 full time
employees, with two unions, one for the services unit and one for the
nurses.
Ms. Robbins advised that the Facility has received
the millage for 15 years at the same rate of one-quarter mil which has
allowed the Facility to provide the same level of care for the residents
and assisted in keeping the buildings in good repair. Ms. Robbins stated
that the cost of the millage to the taxpayers equates to $12.41 a year
on a $100,000 home.
“Motion by Comr. Moore, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners adopt the
following:
WHEREAS, the County of Calhoun, State of Michigan
(the “County”) currently levies extra voted mills in the amount of
0.2482 mill to provide funding for operation of the Calhoun County
Medical Care Facility, a County owned medical care facility; and
WHEREAS, the County’s authorization to levy the
mills expires in 2007; and
WHEREAS, the County has not been required to reduce
the mills by operation of the Headlee amendment; and
WHEREAS, in order to continue the levy of mills to
operate the Calhoun County Medical Care Facility, it is necessary to
submit the question of renewing the levy of the mills to the qualified
electors of the County for a vote; and
WHEREAS, the County Board of Commissioners wishes
to submit the question of renewing the levy of mills to the vote of
the qualified electors of the County at the primary election which is
to be held in the County on Tuesday, August 8, 2006.
NOW, THEREFORE, BE IT RESOLVED THAT:
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At the primary election which is to be held on
Tuesday, August 8, 2006 the proposal shown on Exhibit A of this
Resolution shall be submitted to a vote of the qualified electors of
the County.
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The County Clerk is directed to publish notice of
the last day of registration and of the election as required by law
and take all other necessary actions to conduct the special
election.
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All resolutions and parts of resolutions, insofar
as they conflict with the provisions of this Resolution, are hereby
repealed.”
Comr. Strowbridge inquired whether the
re-authorization is for another five year period. Corporation Counsel
Nancy Mullett responded Yes. Comr. Strowbridge inquired why the
re-authorization cannot be for a four or six year period of time. Ms.
Mullett responded that the period could be changed, however, that she
would have to review the issue to determine whether changing the period
of years would make the proposal a new proposal rather than a
re-authorization of the previous millage approved by the voters.
Ms. Robbins stated that it is her understanding that
if the period of time is changed the millage rate requested would
actually be considered an increase and would have to be stated as such
on the ballot. Mr. Purcell concurred.
Res. 73-2006
“Motion by Comr. Moore, supported by Comr. Segal,
adopt the following: Resolved by the Calhoun County Board of
Commissioners amend the proposed Resolution Submitting Proposal For
Renewal of Operating Millage For The Calhoun County Medical Care
Facility to be County Proposal 2 on the August 8, 2006 election
ballot.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Res. 73-A-2006
“Motion by Comr. Moore, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners adopt the
following as amended:
WHEREAS, the County of Calhoun, State of Michigan
(the “County”) currently levies extra voted mills in the amount of
0.2482 mill to provide funding for operation of the Calhoun County
Medical Care Facility, a County owned medical care facility; and
WHEREAS, the County’s authorization to levy the
mills expires in 2007; and
WHEREAS, the County has not been required to reduce
the mills by operation of the Headlee amendment; and
WHEREAS, in order to continue the levy of mills to
operate the Calhoun County Medical Care Facility, it is necessary to
submit the question of renewing the levy of the mills to the qualified
electors of the County for a vote; and
WHEREAS, the County Board of Commissioners wishes
to submit the question of renewing the levy of mills to the vote of
the qualified electors of the County at the primary election which is
to be held in the County on Tuesday, August 8, 2006.
NOW, THEREFORE, BE IT RESOLVED THAT:
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At the primary election which is to be held on
Tuesday, August 8, 2006 the proposal shown on Exhibit A of this
Resolution shall be submitted to a vote of the qualified electors of
the County as County Proposal 2. (ATTACHMENT B)
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The County Clerk is directed to publish notice of
the last day of registration and of the election as required by law
and take all other necessary actions to conduct the special
election.
-
All resolutions and parts of resolutions, insofar
as they conflict with the provisions of this Resolution, are hereby
repealed.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Calhoun County Medical Care Facility Bond Issuance
Authorization
Mr. Purcell advised that the request presented is for
authorization to issue bonds not to exceed $8 Million for capital
improvements to the Facility.
Medical Care Facility Administrator Donna Mahoney
stated that in Spring of 2005 Governor Granholm initiated a Long Term
Care Facility Innovative Design Supplemental Program. An application for
the construction project of a 53,800 square foot, two-story building
addition was submitted in October of 2005, and acceptance was received
in February 2006. Ms. Mahoney advised that although the total bed count
will remain the same, the addition will add 84 new private rooms
adhering to a neighborhood concept, new living and dining areas and
nursing stations, and a large common activity area. Ms. Mahoney further
advised that the present Facility will also be upgraded with a fire
suppression system, a wireless nurse call system, wander management
systems, also upgrade of the mechanical and electrical systems.
Ms. Mahoney advised that groundbreaking must occur by
October of this year; further, that the Facility will contribute $7.5
Million from reserves and requests that the Board issue a general
obligation bond not to exceed $8 Million for the balance of the funding.
Ms. Mahoney stated that the construction plans will be presented
tonight, and introduced Architect Pat Horan of Plante and Moran and
Construction Manager Mark Hires.
Mr. Horan advised that the project’s financial
statements provided were based upon the 2005 audit, and stated that he
believes it is a conservative projection. Mr. Horan stated that Plante
and Moran works with all 36 medical care facilities in the state, and
that the Calhoun County Medical Care Facility is in outstanding
condition.
Ms. Katie Jacobs of Plante and Moran added that the
project shall provide 70 additional square feet of space, a new entry,
new residential rooms, a new chapel, a laundry, and new lounge for the
staff; further, renovations to the existing facilities.
Comr. Todd noted the age of the existing Facility,
and questioned its structural integrity. Mr. Horan responded that
structurally, the building is very strong.
Mr. Hires addressed the four phases of the project
which will take two years to complete.
Comr. Todd inquired how frequently the Facility is
inspected. Mr. Hires responded that the Facility is inspected annually
by the state, and then the “Feds” conduct a follow-up survey. Comr. Todd
inquired whether the Facility has been in compliance. Mr. Hires
responded Yes, advising that if the Facility was not in compliance, it
would lose its license.
Comr. Todd inquired whether more staff will be
required for the increased facilities. Ms. Mahoney responded Yes, that
there will be more space to cover and additional house cleaners will be
required; however, pointed out that the laundry being added will provide
a substantial savings. Comr. Todd inquired regarding the number of
additional employees that shall be required. Ms. Mahoney responded that
a total of eight additional employees are in the forecast, two being
licensed nurses.
Chairman Miller inquired whether the project is
contingent upon the county issuing the bonds. Mr. Hires responded Yes,
advising that the application will not be approved without approval of
the certificate of need by the county.
Human Services Board of Directors Vice Chairman
Michael Lind addressed the functions of the Human Services Board, and
stated that the project will provide a cultural change for the residents
wherein they shall be able to live in such a manner as they were
“brought up,” with safety features added and some control whereby they
do not miss their medications. Mr. Lind advised that the Facility shall
be using its “nest egg” and a minimal amount of bonding.
Comr. Moore inquired whether there will be an
increase in cost to the residents. Mr. Lind stated that the project
shall offset itself, advising that every facet in the construction is
being reviewed to save money.
Res. 74-2006
“Motion by Comr. Bolger, supported by Comr. Segal,
resolved by the Calhoun County Board of Commissioners adopt the
following:
WHEREAS, the County of Calhoun, Michigan (the
“County”) determines it to be necessary for the public health, safety
and welfare of the County and its residents to acquire and construct
an addition to and renovation of the Calhoun County Medical Care
Facility and any related furnishings and equipment and site
improvements therefor (collectively, the “Capital Improvements”); and
WHEREAS, under the provisions of Section 517 of Act
No. 34, Public Acts of Michigan, 2001, as amended (“Act 34”) a county
may issue municipal securities to pay the cost of any capital
improvement items within the limitations provided by law; and
WHEREAS, the issuance by the County of bonds under
Section 517 of Act 34 in one or more series in an amount not to exceed
Eight Million Dollars ($8,000,000) (the “Bonds”) for the purpose of
financing part of the costs of acquisition and construction of the
Capital Improvements appears to be the most practical means to that
end; and
WHEREAS, Section 517 of Act 34 requires that the
aggregate outstanding balance of municipal securities issued under
Section 517 by a county shall not exceed 5% of the state equalized
valuation of the property assessed in that county, and after the
issuance of the Bonds the outstanding balance of all municipal
securities issued under Section 517 of Act 34 by the County will not
exceed this limit; and
WHEREAS, a notice of intent to issue the Bonds must
be published in order to comply with the requirements of Section 517
of Act 34; and
WHEREAS, the Internal Revenue Service has issued
Treasury Regulation § 1.150-2 pursuant to the Internal Revenue Code of
1986, as amended, governing proceeds of debt used for reimbursement,
pursuant to which the County must declare official intent to reimburse
expenditures with proceeds of such debt before making the
expenditures.
NOW, THEREFORE, BE IT RESOLVED THAT:
-
The County Clerk is hereby authorized and
directed to publish a notice of intent to issue the Bonds in the
Battle Creek Enquirer, a newspaper of general circulation in the
County.
-
The notice of intent shall be published as a
one-quarter (1/4) page display advertisement in substantially the
following form:
NOTICE TO ELECTORS
OF THE COUNTY OF CALHOUN
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE COUNTY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the County Board of
Commissioners of the County of Calhoun, Michigan, intends to issue and
sell general obligation capital improvement bonds, pursuant to Act 34,
Public Acts of Michigan, 2001, as amended, in an amount not to exceed
Eight Million Dollars ($8,000,000) for the purpose of paying part of
the cost to acquire and construct an addition to and renovation of the
Calhoun County Medical Care Facility and any related furnishings and
equipment and site improvements therefore.
The bonds may be issued in one or more series as
shall be determined by the County Board of Commissioners. Each series of
the bonds will mature in annual installments not to exceed twenty-five
(25) in number, with interest on the unpaid balance from time to time
remaining outstanding on said bonds to be payable at rates to be
determined at sale of the bonds but in no event to exceed such rates as
may be permitted by law.
SOURCE OF PAYMENT OF BONDS
The County intends to pay the principal and interest
of the bonds from a portion of the millage which the County levies for
operation of the Calhoun County Medical Care Facility. In the event of
the insufficiency of the millage, the principal and interest of the
bonds shall be payable from the general funds of the County lawfully
available for such purposes including property taxes levied within
applicable statutory and constitutional limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE
ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS
THAN 10% OR 15,000 OF THE REGISTERED ELECTORS, WHICHEVER IS LESS,
RESIDING WITHIN THE COUNTY, IS FILED WITH THE COUNTY CLERK WITHIN
FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION
IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
MAJORITY OF THE QUALIFIED ELECTORS OF THE COUNTY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of
Section 517, Act 34, Public Acts of Michigan, 2001, as amended.
Additional information regarding the construction to be financed with
bond proceeds can be obtained from the office of the Calhoun County
Administrator.
Anne B. Norlander
Calhoun County Clerk
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The County Board of Commissioners does hereby
determine that the foregoing form of Notice of Intent to Issue
Bonds, and the manner of publication directed, is adequate notice to
the electors of the County and is the method best calculated to give
them notice of the County’s intent to issue the Bonds, the purpose
of the Bonds, the security for the Bonds, and the right of
referendum of the electors with respect thereto, the newspaper named
for publication is hereby determined to reach the largest number of
persons to whom the notice is directed, and the newspaper complies
with the requirements of Act No. 247, Public Acts of Michigan, 1963.
- The County hereby makes the following declaration of intent for
the purpose of complying with the reimbursement rules of Treas. Reg.
§ 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:
| (1) |
The County
reasonably expects to reimburse itself with proceeds of debt
to be incurred by the County for the expenditures made to pay
certain costs associated with the Capital Improvements which
were or will be paid subsequent to sixty (60) days prior to
the date hereof from the general funds or capital fund of the
County. |
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| (2) |
As of the date
hereof, the maximum principal amount of debt expected to be
issued for reimbursement purposes, including reimbursement of
debt issuance costs, is $8,000,000. |
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| (3) |
A reimbursement
allocation of the expenditures described in paragraph (1)
above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (I) the date
on which the expenditure is paid, or (ii) the date the Capital
Improvements are placed in service or abandoned, but in no
event more than three (3) years after the original expenditure
is paid. A reimbursement allocation is an allocation in
writing that evidences the County’s use of the proceeds of the
debt to be issued for the Capital Improvements to reimburse
the County for a capital expenditure made pursuant to this
Resolution. |
| |
|
| (4) |
The expenditures
for the Capital Improvements are “capital expenditures” as
defined in Treas. Reg. § 1.150-1(b), which are any costs of a
type which are properly chargeable to a capital account (or
would be so chargeable with a proper election or with the
application of the definition of “placed in service” under
Treas. Reg. § 1.150-2( c ) under general Federal income tax
principles (as determined at the time the expenditure is
paid). |
| |
|
| (5) |
No proceeds of
the borrowing paid to the County in reimbursement pursuant to
this Resolution will be used in a manner described in Treas.
Reg. § 1.150-2(h) with respect to abusive uses of such
proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner
that results in the creation of replacement proceeds (within
Treas. Reg. § 1.148-1) within one year of the reimbursement
allocation described in (3) above. |
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The County recognizes that Miller, Canfield,
Paddock and Stone, P.L.C., has represented from time to time, and
currently represents various financial institutions and other
potential participants in the bond financing process for unrelated
projects, any of which might offer to purchase the County’s Bonds or
to act as Transfer Agent for the Bonds. The County appoints Miller,
Canfield, Paddock and Stone, P.L.C. as bond counsel for the Bonds,
notwithstanding the potential concurrent representation of any such
bidder regarding any unrelated matter.
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All resolutions and parts of resolutions, insofar
as they conflict with the provisions of this Resolution, are hereby
repealed.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
March 2006 Financial Statements
Mr. Purcell advised that there is an $8.2 Million
difference in revenue collected at this time as compared to last year.
Finance Director James Latham reported that the
difference is due to the State of Michigan not paying revenue sharing;
and the shift in the property taxes, which is affecting the county for
the first time this year. Mr. Latham advised that under the new
financing arrangement, the county has to wait until July through
December to collect the summer taxes.
Mr. Latham advised that the remainder of the
difference is due to the timing of receipt of certain revenue and
certain expenditures falling in a different time frame. Mr. Latham
stated that there is no major area of overspending for the first three
months of the year. Mr. Latham advised that property tax revenue is on
the watch list.
Title V Juvenile Justice and Delinquency Prevention
Act Grant Application
Mr. Purcell advised that the application in the
amount of $30,000 is the first step in receiving some funding for
juvenile justice and delinquency prevention. Mr. Purcell stated that the
county had hoped for such funding a few years ago, however, the county
now has a strong likelihood in receiving that funding with this grant
application.
Calhoun Intermediate School District (ISD) Assistant
Superintendent Rebecca Rocho advised that with the grant funding ISD and
Summit Pointe shall attempt to impact juvenile delinquency by looking at
the primary causes; e.g., family problems and peer relationships, and
shall utilize the existing community structures. Ms. Rocho stated that
area intervention is the key. Ms. Rocho continued that the strategies of
what has helped shall be evaluated.
Res. 75-2006
“Motion by Comr. Bolger, supported by Comr. Todd,
adopt the following: Resolved by the Calhoun County Board of
Commissioners approve the Title V Juvenile Justice and Delinquency
Prevention Act Grant in the amount of $30,000 for remittance to the
Michigan Department of Human Services, Bureau of Juvenile
Justice-Justice Grant Unit, on behalf of Calhoun County.”
Comr. Segal inquired regarding the local share listed
on the budget summary. Ms. Rocho explained that all of the amounts
listed as local share shall be “soft match” of in-kind contributions
from the partners.
Comr. Strowbridge pointed out that three years ago he
supported a $50,000 Title V grant application. Mr. Purcell stated that
the grant application presented is almost the same exact application as
was submitted in 2003, however, the county did not receive the
implementation funding. Mr. Purcell stated that he is hopeful that this
time the county will have a better opportunity to receive that funding.
Comr. Strowbridge inquired what happened to the last
grant funding. Mr. Purcell responded that the funds were spent on the
planning process, the application was submitted to the state; however,
the county did not receive the award.
Ms. Rocho advised that in reviewing the previous
implementation grant application there were a lot of items that were not
submitted, and therefore the application was not competitive. ISD and
Summit Pointe have evaluated the comments, further there are now
different “players at the table.” Ms. Rocho further advised that the
partners have made a larger contribution to the grant. Ms. Rocho stated
that she believes they have paid attention to where they have been
successful in the past and the comments of the grant application
reviewers.
Comr. Strowbridge stated that the county received
$50,000 and basically “chalked” it up to a learning process. Mr. Purcell
stated “Yes, it was a learning process.” Mr. Purcell pointed out that
one of the Board’s strategic priorities is to address the juvenile
system and juvenile delinquency prevention. Mr. Purcell stated that it
is true that the county spent the money and got nowhere last time. Mr.
Purcell stated that he believes this time the application will be
competitive and that the county will have an opportunity to improve
services to Calhoun County’s youth.
Ms. Rocho stated that she has taken the grant writing
very seriously and that the partners have put together a great team.
Comr. Strowbridge requested progress updates.
Comr. Moore addressed items that did not come out of
the last grant process; i.e., progress reports, stating that all too
often the county goes after money for the sake of getting it. Comr.
Moore pointed out that the goal of the planning grant last time was to
go after the implementation funding, and advised that he has a problem
with doing that again.
Ms. Rocho assured the Board that they will receive
reports throughout the process.
Roll call vote: Yes - 7 Motion CARRIED Unanimously
Sheriff Department Lobbyist Agreement Extension
Sheriff Byam advised that the Sheriff Department has
been working with Mr. Summerill of Dykema Gossett to prepare, file and
negotiate a higher inmate per diem rate for federal detainees housed at
the jail. Sheriff Byam addressed his April 13th letter to Board members
advising of the work of the first phase which is nearly completed.
Sheriff Byam stated that at this point it is clear that more work and
time will need to be invested in the project to file the request and
negotiate the final approval with the Bureau of Immigration and Customs
Enforcement and the U.S. Marshal’s Office. Sheriff Byam stated that he
is pleased to state that the rate increase could range as high as $58
per detainee per day compared to the current rate of $51.25, which could
mean an annualized revenue increase for the county of as much as
$394,000.
Sheriff Byam stated that he is pleased with the
progress of Dykema Gossett, advising that Mr. Summerill and his
assistant Mr. Bryan have been very aggressive in seeking the necessary
data from the Department and the Finance Department and in moving the
project consistently forward.
Sheriff Byam requested that the Board authorize
continuation of the agreement.
Res. 76-2006
“Motion by Comr. Bolger, supported by Comr.
Strowbridge, adopt the following: Resolved by the Calhoun County Board
of Commissioners authorize continuation of the Agreement between
Dykema Gossett PLLC and Calhoun County through December 31, 2006, with
the Sheriff to provide no less than quarterly progress reports to the
Board.”
Comr. Bolger pointed out that the Sheriff Department
budget is at great risk this year, therefore, he shall support the
request.
Comr. Moore advised that he also has no problem with
supporting continuation of the agreement. Comr. Moore questioned the
reason of extending the agreement from a three month term through the
remainder of year as opposed to another three month period.
Ms. Mullett responded that the agreement provides for
quarterly renewals, and that by extending the agreement to the end of
the year the Sheriff will not have to come back before the Board for
another extension. Ms. Mullett stated that if at the end of the next
quarter should the Sheriff be dissatisfied, the agreement can be
terminated prior to commencement of the next quarter. Ms. Mullett
advised that the extension to the end of the year is more of a
convenience than a necessity.
Mr. Purcell addressed the potential revenue increase.
Mr. Purcell advised that the Sheriff is in the process of scheduling a
meeting with the Budget Committee, and that this revenue increase is a
critical piece in the Department making revenue projections for the
year.
Comr. Moore stated that he does not “buy” the
convenience from a taxpayer’s stand point and believes the three month
extensions should be kept to make the consultants prove their worth,
which was the Board’s expectation when the agreement was approved.
“Substitute Motion by Comr. Moore, supported by
Comr. Strowbridge, adopt the following: Resolved by the Calhoun County
Board of Commissioners authorize continuation of the Agreement between
Dykema Gossett PLLC and Calhoun County through July 31, 2006, with the
Sheriff to provide no less than quarterly progress reports to the
Board.”
Sheriff Byam stated that the Department is dealing
with a professional individual with high integrity who has been working
aggressively, and voiced concern with placing the individual in limbo
every three months. Sheriff Byam pointed out that the relationship with
the individual is important as well, and that he would just as soon not
have to go through the process of wondering whether the agreement shall
be renewed every three months.
Comr. Segal inquired regarding the length of period
to terminate the agreement prior to the quarterly renewal. Ms. Mullett
responded that there is a two week termination period prior to automatic
renewal of the agreement.
Comr. Moore withdrew the substitute resolution and
Comr. Strowbridge withdrew his support of the substitute resolution.
Comr. Solis stated that the reports are very general
and suggested that perhaps the Firm could provide an itemized billing as
well as the reports.
Chairman Miller stated that he has no reason to doubt
the statements from Sheriff Byam or Mr. Summerill; however that as a
fellow lobbyist, he is aware of the billing statements of those firms.
Chairman Miller advised that he requested an itemized statement of the
first three months and Mr. Summerill indicated that the Firm is unable
to provide such a document, and provided only the number of hours worked
by himself, Mr. Bryan and Mr. Sharp. Chairman Miller further advised
that he contacted Mr. Summerill’s administrative assistant and again
requested the information, and that as of 7:00 p.m. tonight no one
contacted him. Chairman Miller advised that it is for this reason alone
that he shall vote against extending the agreement as he believes for
$12,000 the Firm should be able to provide an itemized invoice.
Comr. Segal requested that a progress report be
placed on the July 6 Board agenda.
| Roll call vote: |
Yes - 6 (Comrs. Todd, Bolger, Moore,
Segal, Solis and Strowbridge) |
| |
No - 1 (Comr. Miller) |
Motion CARRIED
CITIZENS’ TIME:
Senior Services Manager Christine Schauer thanked the
Board for clarifying the senior millage proposal.
COMMISSIONERS’ TIME:
Comr. Todd stated regarding the recent approval of
special use permits, that he finds it unsettling that the Board approved
a proclamation tonight to make people aware of alcohol and requesting
that everyone in Calhoun County support the events to reduce alcohol use
in the county. Comr. Todd advised that he supports the economic growth
of the community, however, cannot support someone coming into the
county’s parks and setting up a beer tent. Comr. Todd stated that he is
upset regarding the morals of the Board saying “Do away with drinking,”
but under special circumstances it is okay.
Comr. Todd advised that May 17 he is hosting the
second annual banquet for the Future Leaders at which he shall be
honoring Battle Creek School District youths in the fifth, eighth and
twelfth grades for their achievements in government and social studies.
Comr. Todd stated that the event will be conducted in the Battle Creek
Urban League Building from 5:30 p.m. to 7:00 p.m. and invited everyone
to come to support the youth. Comr. Todd also stated that anyone wishing
to make a contribution towards the event may do so through the Battle
Creek Community Foundation. Comr. Todd thanked Commissioner Solis and
Mr. Purcell for their contribution.
CLAIMS PAYABLE LISTINGS:
Res. 77-2006
“Motion by Comr. Solis, supported by Comr. Segal,
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 $724,363.60 for the week of April 7, 2006.”
Roll call vote: Yes - 7 Motion CARRIED Unanimously
RECESS:
The Board recessed at 9:12 p.m. at the call of the Chair.
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Several photos included in this 
