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HomeMy WebLinkAboutBudget/Finance Committee Minutes 01.19.2016 MINUTES BUDGET/FINANCE COMMITTEE JANUARY 19,2016 5:30 P.M. COUNCIL CONFERENCE ROOM MEMBERS PRESENT: Emelie Eaton Chuck Dickerson Tom Nelson Doug Poehls OTHERS PRESENT: Shirley Ewan Mayor Mark Mace CAO Heidi Jensen Judge Jean Kerr Sheri Phillips Sam Painter via Skype Monica Salo Chairman Eaton called the regular meeting of the Budget/Finance Committee to order at 5:30 p.m. There was no public present. Chairman Eaton opened the discussion with the audit write-ups for the court system. Everyone has read the write-ups. In regards to Sam's response to these audit write-ups,he stated that the Judge,the CAO and staff need to write a policy which gives guidance to the Court system as to who and when accounts need to be collected or turned to collection. Sam stated that the Court possibly is unaware that the collections on those delinquent accounts impacts the City's finances and audits. The Court and City need to develop a policy that is workable for both parties. The Judge stated that she and her clerks have developed a policy,which she passed out at that time. (See attached policy.) She then read the plan to the Committee and explained. Sam stated that he can understand where the Judge is coming from,but the policy needs additional language and changed verbiage. Sam feels that,although the Judge would like to control all accounts,everyone needs to be treated equally,and therefore,the policy needs to be edited and several changes made. Emelie requested that Staff,the Attorney and the Judge meet to develop a workable policy. Heidi stated that all will work on the policy and bring it back in February for the Committee's comments. Sheri stated that she and the Judge have gone through a lot of old accounts and have written off around$28,000 additional accounts. Emelie asked the Judge to tell the Committee what she has planned for the second write-up in regards to the Crime Victim's Fund not being used since funds were deposited in the fund since 2011. The Judge explained that she is trying to get a MOU from the YMCA to develop a plan to engage an advocate for victims of crimes. She stated that Georgette Boggio,the City's prosecuting attorney,has developed a MOU,but the Judge is having trouble getting it signed due to the changes in personnel at the Y. Sam stated that he will send an e-mail to Georgette requesting the MOU so he can review it prior to the Council approving it. The Judge will have the MOU to the Council for the workshop on February 9th. The Chairman thanked the Court for coming to the meeting and dismissed them. The next scheduled meeting will be February 2,2016. Doug mentioned that he may not be at the meeting. The minutes of the January 5,2016 meeting were presented. Doug made a motion to approve the minutes as presented, seconded by Tom,motion passed. The Utility Billing adjustments were reviewed by the Committee. Shirley stated there were no unusual adjustments. The Mayor has reviewed and signed the December journal voucher. Tom made a motion to approve the December journal voucher and the utility billing adjustments. The motion was seconded by Doug. All in favor,motion passed. The quarterly financial statements were reviewed by the Committee. Shirley stated that 50% of the fiscal year has expired and the City is at 20% revenue collected and 17% of authorized expenditures spent. Shirley briefly went through the report with the Committee showing what capital items have been purchased and how projects are proceeding. She mentioned that the City has spent $2.3 million in capital and projects in the first 6 months of this fiscal year. After 1 reviewing the Employee Status, Emelie asked if the Fire Chief will continue to direct the Fire and Ambulance Departments. Heidi stated that it is not a permanent position. Doug made a motion to accept the financial statements, seconded by Tom. Motion passed. There were no Purchase Requisitions presented to the Committee. The Comp/Overtime report for PPE 1/03/16 was reviewed by the Committee. Overtime was high due to 2 holidays being paid. The Payroll Register for PPE 1/03/16 totaling$209,609.46 was reviewed by the Committee. Tom made a motion to recommend approval of the payroll register to the Council,Doug seconded the motion. Motion passed. Clerk/Treasurer's Comments: LURA Semi-Annual Report Shirley stated that she realizes the LURA report needs to come to the Council twice a year and this is the report that she has developed. The report was taken to LURA this morning and they seemed to think it was fine. She will continue to do the report every 6 months and distribute it to the Council. Heidi reported on the LURA meeting that took place today. Noel and Heidi will be working on the Large Grant Program and will be making several changes in it. The grant application needs to state a timeframe for the project to be done and claims to be submitted. Heidi mentioned that she will be going to the Chamber of Commerce dinner/meeting on Thursday evening. W/S/G Collection Policy Doug had asked regarding the water/sewer/collection policy. Shirley read the policy to the Committee. Mayor's Comments: The Mayor thanked staff for working on the policy for the Court. Other: Chuck stated that he thinks the Collection Policy that is being developed should include all Judges,not just for this Judge. A policy has to be developed and followed regardless of which Judge is elected. The Judge should not be the sole person to develop the policy. For the Next Agenda: Emelie would like to be kept informed of how the policy for the Judge is developing and would like to review it on February 16th. The meeting adjourned at 6:30 p.m. Respectfully submitted, u Shirley Ewan,City Clerk/Treasurer 2 Laurel City Court Collections Policy January 19, 2016 Judge Jean M. Kerr The Policy as set by Judge Jean M. Kerr for Laurel City Court collections of outstanding monies due is as follows: Upon failure to pay one monthly payment, as contracted with the Court, the) Defendant will be sent proper notice and be ordered to pay the fine in full . or their driver's license will be suspended and a warrant issued, if appropriate. After one year of no account activity, the account will be turned over for collection. Each case is treated on an individual basis and may be assessed sooner than one year at the discretion of the Judge. The Judge reserves the right to review all accounts prior to collection agency action. The Court will utilize the services of Montana Department of Revenue Debt \,\. Recovery Service and Collections Professionals, Inc. to tolled outstanding debt owed Laurel City Court. MCA §46-17-303 (2)(a) OW C%'j- All monies due, except restitution, that are over 10 years old will be written off. All monies collected will be dispersed as per MCA§46-17-303(1). Disclaimer: Laurel City Court Collections Policy may be amended in the future by Judge Jean M. Kerr. Note: This policy will be valid during the term of Judge Jean M. Kerr. A newly elected Judge is not obligated to uphold this policy, in whole or part, during their term(s) of office. MCA§46-17-3o3(2)(a). 46-17-303. Deposit of fines — collection. (1) Except as provided in subsection (2), all fines imposed and collected by the court must be paid to the appropriate treasurer of the county, city, or town within 30 days of receipt. The judge shall file a copy of any receipt given for a collected fine with the appropriate county, city, or town clerk. (2) (a) The court may contract with a private person or entity for the collection of any final judgment that require as payment to the court. (b) In the event that a private person or entity is retained to collect a judgment, the court Jrjzy assign the judgment to the private person or entity and the private person or entity may,as =assignee,institute suit or other lawful collection procedure and other postjudgment remedies in its own name. (c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment.The fee incurred by the court must be added to the judgment amount. (3) If the 'ud_ment is for a fine alone execution may issue on the 'lid:Ment for an un s aid interest accrue.on the ju s gmen ,costs,and fees in co ecting t e me as on a judgment in a civi case. lb ,4 1, 45 --�Iistory: En.95-2008 by Sec.1,Ch.196,L.1967;R.C.M.1947,95-2008(part);amd.Sec.29,Ch.557,L.1987; amd.Sec.2,Ch.63,L. 1999;amd.Sec. 15,Ch.515,L.2001;amd.Sec.7,Ch. 510,L.2003. Cross-References Justices'Courts—collection and disposition of fines,penalties,forfeitures,and fees,3-10-601. Justices'Courts—fees,25-31-112. L 4' a 0 Fines in felony and misdemeanor cases,46-18-231. 4 1® I ;6 46-19-102. Execution of judgment. (1) If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on thefine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a jugmen In a civil case. 2015 MCA