Farwell woman complains to commissioners about prosecutor

Wednesday’s Clare County Board of Commissioners meeting dealt not only with the usual business of budget-watching and governing, but Commissioners also grappled with several residents’ complaints.

The first such complaint came early, during the first of two Public Comment portions of the regular meeting. Clare County resident Melody Garrow came before the Commission to complain about the lack of communication from the Sheriff’s Department and the Prosecutor’s Office regarding an incident involving an assault on her daughter on the Farwell Area School campus last December. 

Garrow stated that the Sheriff’s Department conducted the investigation, but did not communicate with her about the status of the case.  The perpetrator was a minor at the time of the incident.  “There are some limitations and some obligations that the Prosecutor is required to provide because [she’s dealing with] a minor, so be very careful where you tread around that…” Commissioner Don David cautioned. 

But Garrow’s inability to get information regarding the case turned out to be the smaller of two issues. Garrow told the Board, “My biggest concern was that the Prosecutor’s Office seems like they have no one to answer to; there’s no chain of command.

 I called the Michigan Bar Association because I believed it was not ethical and her conduct was not appropriate.  And according to their handout, I should have the right to sit down and talk with her [Prosecutor Michelle Ambrozaitis]; my daughter should get that right.  And that never happened.  And when I did speak with her, she was rude.”  Garrow said that when she complained to the Bar Association, they directed her to the Grievance Board.

“Did you say the Grievance Board did not do anything?” Jim Gelios asked.  “They said it was unfounded,” Garrow replied, adding, “I think Michelle did a great job when that girl got prosecuted; I’m happy with that.  But I’m not happy with her dealing with the public, with me.” 

Chairperson Karen Lipovsky commented, “I think the problem that this Board has is that she’s an elected official – elected by the people – and we don’t control her office.”  Garrow continued, “She [doesn’t] answer to nobody?  She can act like a tyrant to the people who put her in office?  That is crazy.”

 Commissioner David responded, “We’re telling you that she’s an elected official and that we have no authority over what she does, how she acts.  We can’t do anything about that.  You, as a voter and a citizen, have more authority than we do.  The only authority we have are individual voters’ rights.  Being a citizen, you need to, and can, if you want, exercise those rights that you have.”  “Then I will follow through with what I have to follow through with.  I’ll be looking for signatures,” Garrow responded.  “That would be appropriate,” Lipovsky replied.

Several Commissioners commented that they had heard at their township meetings that residents are unhappy with the level of gypsy moth and tent caterpillar infestation.  Lipovsky commented that it is too late to spray for gypsy moths this year, but that if the population continues to increase, there are funds in the Gypsy Moth Program for possible spraying next year.  Commissioner David also commented that Gypsy Moth funds cannot be used for spraying tent caterpillars. 

Other complaints at township meetings included the cost of the County’s permit fees for simple repairs or small additions.  Commissioner Lynn Grim commented, “We passed [the permit fee schedule], so if it’s a problem, it’s us.  It’s not somebody else and it’s not him [Building and Electrical Department Director Albert Esser].”  Chairperson Lipovsky said she would discuss the matter with Mr. Esser. 

Later in the meeting, Mr. Esser addressed the Board, to speak to the issue some residents and contractors were having with the current fee schedules.  Esser admitted the fee structures seem to favor larger projects.  “[It] means if the project is big you pay little, and if the project is small, you pay a lot,” Esser told the Board, adding,  “The fee schedules – they are too high in some instances.  But I can’t just lower them and I can’t just turn my head because we are the County enforcing agency.”

Esser continued, “[Public Act 230 of 1972 says] you need to charge appropriately for what you’re doing so that you can recover your costs.”  He estimated that the actual cost of an inspection is around $40 to $45, considering the current gas prices.  “All I want is to recoup that,” Esser said.

Commissioner Lynn Grim commented, “If we need to change it in order to be fair and equitable, I think we need to do that.”  “Now that people are somewhat following the rules across the board…I think that we could lower some of the fees,” Esser said.  “The thing is, we’re here to help the residents of Clare County.  I appreciate we need to make money, we need to pay our expenses, but…” Commissioner David began, but Esser interrupted, “We don’t need to, we’re required to.”   “If we can save some people in Clare County some money, that’s our job,” David contended.  Esser said he will present the Board with readjusted building and electrical fee schedules that better represent the scope of the projects being undertaken.

Vice Chair Jim Gelios updated the Board with progress on finding a new Emergency Management Director.  “We took applications for a new Emergency Director up until Monday, and we’re going to set…interviews for next week,” Gelios reported.  Administrator/Controller Bill Newkirk said there were nine applications for the position.

Gelios also reported that he and Mr. InSung Oaks Lee, a retired Homeland Security expert who has been volunteering his time, have made progress on sorting out the paperwork required to reinstate funding to the County’s Emergency Management Program.  Gelios told the Board, “A lot of little things that we’re doing is kind of bogging us down, but we’re getting there…Mr. Lee is a wonderful resource.”  Commissioner Jordon Lockmiller commended Gelios on the “great job” he has been doing, to which Gelios replied, laughing, “Mr. Lee came in here and volunteered – he makes me look a lot better.”  Gelios also said that, although he has been “twisting his arm,” Mr. Lee has said he is not interested in the position of Emergency Management Director. 

Administrator/Controller Newkirk gave Commissioners an update on the state of the 2009 budget.  Newkirk said that the County is 75 percent of the way through the fiscal year, and the budget is showing a $7,664.730.29 revenue shortfall.  Newkirk said that about 4.5 million of that is expected to come in as summer taxes are paid, leaving about 3.1 million in other revenues to be collected over the next three months.  Newkirk cautioned the Board that that level of income would be extremely unlikely.  “The stimulus [funding] is not going to resolve the problem in Lansing that is flowing down to us,” Newkirk noted.

Jim Neff and 911 Director Keith Yats gave a presentation on a proposal to improve the technology between County departments, which would eliminate duplicate ISPs and firewalls.  Despite concerns about how it will be funded, Commissioners voted 7-0 to allow them to proceed with the technology enhancement project.

In other business, Commissioners:

* concurred with a resolution requesting the Michigan State Legislature restore Healthy Michigan Fund and Department of Community Health cuts proposed in the Governor’s budget recommendation. 

* approved the canine handler reimbursement in the amount of $5,096.

* agreed that the Sheriff’s Department could use donated funds to purchase and train a new police dog, providing legal counsel approved the contract and Chairperson Lipovsky signed it.

* after discussion, voted 6-1 to move $6,870 from the Contingency Fund in to the Prosecutor’s New Equipment line item to cover the cost of a printer/copier/fax.  Commissioner David cast the opposing vote.

* approved changes to the courthouse phone system in the amount of $5,668.04 and approve the resulting budget adjustment.

* approved expenditures for the month of May 2009 in the amount of $3,767,481.82 with the General Fund expenditures totaling $1,032,836.56.  Newkirk explained the higher-than-usual total was due to May being a three-pay month for County employees and that several quarterly payments come due in May every year.

* approved the Clare County Parks and Recreation Master Plan and adopted a resolution authorizing it as a guideline for improving recreation for residents of Clare County.

* discussed the Solid Waste department and whether or not to renew or take bids on the Custodial contract that is about to expire.

* voted 6-1 to make the Clare County Master Plan available only on disc for those that request it, with Commissioner Lockmiller dissenting.

* held a Public Hearing for Truth in Taxation, after which Commissioners unanimously passed the resolution to impose the 2009 Summer Property Tax Levy for the County.