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untanglingwebs
El Supremo
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Genesee County commissioners to treasurer: No more payments to Land Bank without our approval
Print Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com The Flint Journal
on April 13, 2013 at 6:00 AM, updated April 13, 2013 at 6:09 AM
GENESEE COUNTY, MI -- The county Board of Commissioners is telling Treasurer Deb Cherry to stop making payments to the county Land Bank without their permission.
Commissioners voted 7-2 Wednesday, April 10, to direct Cherry to make no further payments from a delinquent tax account to the Land Bank, money that's used to maintain hundreds of vacant properties -- most in the city of Flint.
Cherry and the county board have been at odds over the payments for several years and this year, Cherry apparently made two payments worth $335,000 to the Land Bank without asking for the commissioners' blessing.
"This legislative body ... was totally disregarded," said county board Chairman Jamie Curtis. "She entered into a contract with herself (and) sent two payments out."
As county treasurer, Cherry also serves as the chairwoman of the Land Bank Board of Directors. The contract between the two offices calls for the Land Bank to inspect, board and secure, and handle weed and trash abatement onproperties that were taken by the county through tax foreclosure and have yet to be transferred to the Land Bank.
Signed Oct. 29, 2012, the contract is for $670,000 to be paid in four equal payments. It was signed one day before commissioners warned Cherry that they planned to take money from the same delinquent tax fund to help balance their general fund budget.
The fund is made up of penalties and interest paid by owners who are delinquent in paying property taxes.
Curtis asked commissioners to direct Cherry not be make the two remaining payments to the Land Bank and to authorize interim corporation counsel Celeste Bell to "work with the treasurer on an agreed upon method to resolve the issue as quickly and as inexpensively" as possible.
Commissioners also said they would send representatives to meet with Cherry, who was on vacation and not available for comment this week.
Bell said possible solutions to the disagreement on how to interpret state law on the question could include requesting an attorney general's opinion, a "friendly lawsuit" designed to have an independent party settle the dispute , or mediation.
Commissioners Pegge Adams, D-Davison, and Brenda Clack, D-Flint, voted against the resolution.
MLive-The Flint Journal could not reach Cherry for comment after the commissioners' vote, but the treasurer said last week that she felt "pretty strongly (I) can do these kind of activities" without commissioner approval.
"The treasurer has the authority to enter into contracts," she said then.
Land Bank Executive Director Doug Weiland declined comment. |
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Sat Apr 13, 2013 7:29 pm |
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untanglingwebs
El Supremo
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XFlintasiteThis is exactly a conflict of interest. In charge of of the Treasury while serving as the Chairwoman for the Land Bank Board of Directors? Having the power to direct hundreds of thousands of dollars to an entity without any questioning. Is the Land Bank a non-profit organization and what are their intentions with these checks? It sounds like the perfect marriage for the Land Bank, dipping their hands freely into the cash "Bank". Thank you Mr. Curtis for bringing this to light and to Mr. Fonger for bringing this to the citizens attention. This is what journalism should be, not the chickens fights of the left or right but what is wrong with the people we elect. They should respect on honor their jobs of governing but that is a total impossibility once they have their given "absolute power". ...
jacksondmWhile not a 'Department' of the County - the Land Bank is set up by state law to have the County Treasurer as the head of the Land Bank. That varies somewhat, in that in small counties the Treasurer may be the operating director with an assistant who runs the Bank' day to day operations -- or with the Treasurer as Chair. It is established BY LAW that way because the Land Bank deals with properties in receivership by the county. There is NO CONFLICT of INTEREST. ...
Regardless, this is another case of Flint scheming to use county revenues on their cesspool operation. Residents of Flint should pay their own way.
There should be an audit tallying line item by item exactly how much money Flint is drawing from the rest of the county. This should include state and federal dollars with a breakdown of how much of each is drawn from the county, and the state as a whole.
It also appears that county officials conspire to hide how much of our money is being flushed down Flint's toilet.
It is not unreasonable for the public to expect complete transparency on the flow of non Flint taxpayer monies to Flint |
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Sat Apr 13, 2013 7:39 pm |
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untanglingwebs
El Supremo
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There are several issues here as I see it. Dan Kildee played a large role in the latest land bank law .There are several county commissioners on the board and they select the other members. When complaints are made to the County Commissioners, they are quick to point out the Land Bank is a quasi-governmental stand-alone entity.
As Board members they should have had the authority to enter into a contract. It seems wrong to me that Cherry can enter into a contract without the board's approval and be the sole party on both sides of the contract. If the commissioners, as board members, approved the contract then I don't understand the conflict.
Is the commission stating they don't want to maintain the properties they receive by virtue of the very law they pushed for? Then they are just wrong! That goes for the out-county properties as well. Just because they are a governmental entity that does not mean they do not have a responsibility to the communities in which hey own properties. After all HUD and the State of Michigan respond to complaints about properties owned by them.
It was Kildee who promised rewards for a system that was supposedly better than the previous system. Now instead of protecting communities from independent investors, the county needs protection from the investment deals of the Land bank! |
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Sat Apr 13, 2013 7:54 pm |
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flygirl311
F L I N T O I D
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Dear Untanglingwebs,
What is the solution to cold fusion?? |
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Sat Apr 13, 2013 8:25 pm |
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untanglingwebs
El Supremo
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| Somewhere there must be case law that defines what the forfeiture tax funds can be used for. Cherry has probably already sought an attorney opinion and precedent. As an elected official, just what power does the County Commission have? They created this problem. |
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Sat Apr 13, 2013 9:58 pm |
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theboyzmom
F L I N T O I D
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| But the real evil is that the county, and the land bank, can take and hold property. It is really just a front for political favors for Uptown Redevelopment and other such. |
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Sun Apr 14, 2013 7:47 am |
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untanglingwebs
El Supremo
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County Treasurer; Duties as to County Moneys - Mich. Comp. Laws Section 48.40
Legal Research Home > Michigan Laws > County Treasurers > County Treasurer; Duties as to County Moneys - Mich. Comp. Laws Section 48.40
48.40 County treasurer; duties as to county moneys.
Sec. 40.
It shall be the duty of the county treasurer to receive all moneys belonging to the county, from whatever source they may be derived; and all moneys received by him for the use of the county, shall be paid by him only on the order of the board of supervisors, signed by their clerk, and countersigned by their chairman, except when special provision for the payment thereof is or shall be otherwise made by law.
History: R.S. 1846, Ch. 14 ;-- CL 1857, 382 ;-- CL 1871, 516 ;-- How. 524 ;-- CL 1897, 2539 ;-- CL 1915, 2366 ;-- CL 1929, 1266 ;-- CL 1948, 48.40 |
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Mon Apr 15, 2013 3:11 pm |
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untanglingwebs
El Supremo
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Mon Apr 15, 2013 3:13 pm |
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untanglingwebs
El Supremo
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Mon Apr 15, 2013 3:14 pm |
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untanglingwebs
El Supremo
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Mon Apr 15, 2013 3:23 pm |
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untanglingwebs
El Supremo
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Quote:
"This legislative body ... was totally disregarded," said county board Chairman Jamie Curtis. "She entered into a contract with herself (and) sent two payments out."
As county treasurer, Cherry also serves as the chairwoman of the Land Bank Board of Directors. The contract between the two offices calls for the Land Bank to inspect, board and secure, and handle weed and trash abatement onproperties that were taken by the county through tax foreclosure and have yet to be transferred to the Land Bank
End Quote.
I am not a lawyer, but it appears to me Cherry is wrong. Cherry was a former county commissioner and a chair of the commissioners so she should know all of the roles of the various offices. |
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Mon Apr 15, 2013 3:34 pm |
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untanglingwebs
El Supremo
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There will be a lawsuit as the Count Commissioners and Cherry have a dispute over the amount of authority Cherry has.. The Flint Journal reported that if Cherry continues and spends the money then at least 7 county employees will be laid off. County revenues are coming in at least $200,000 less than projected.
Brenda Clack abstained from the vote to direct Cherry to stop the payments in contention as she is a member of the Land bank Board of Directors. But since other commissioners also sit on that Board, should they also have abstained? Does this mean the Board did not authorize the contract? If they did authorize it, then why don't they take it up at the land bank meetings?
The Land Bank web site is now stating the agency is a developer. Since when was that the intent? There are a great many residents voicing disapproval of Land Bank policies. The intent was theoretically to keep out private investors who did nothing with the land. Well the Land Bank is doing the same thing when they keep whole areas for future development and make back room deals with shady nonprofits. Cherry should not expect a whole lot of support in her endeavors from certain areas of Flint. |
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Fri Apr 19, 2013 7:52 am |
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Dave Starr
F L I N T O I D
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| Shouldn't you be supporting the land bank & everything they do? After all, they ARE democrats & we all know they are all blameless in everything they do. |
_________________
I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Fri Apr 19, 2013 8:16 am |
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untanglingwebs
El Supremo
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I don't support any politician that believes they are anointed and that they don't have to obey the laws. Cherry told the Journal that she believes she is right, but she still does not show any approval from her own land bank board. Nor has she demonstrated what legal authority she is basing her decisions upon. Instead of blaming Jamie Curtis, she needs to seek legal advise. She is not an attorney and the commissioners have already consulted Corporation Counsel to seek interpretation of the law.
I also believe the county is right when they told Gleason to seek his own lawyer for the pending lawsuit against him. The circumstances of the lawsuit occurred prior to his swearing in to his office and thus the county is refusing to indemnify him. |
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Wed Apr 24, 2013 7:22 pm |
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Dave Starr
F L I N T O I D
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| It's interesting that you say that, but I have never heard you say anything positive about any Republican in any office. |
_________________
I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Thu Apr 25, 2013 7:03 am |
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