HomeMy WebLinkAboutResolutions - 2011.04.21 - 18203MISCELLANEOUS RESOLUTION #11069 April 21, 2011
BY: FINANCE COMMITTEE, THOMAS MIDDLETON, CHAIRPERSON
IN RE: ESTABLISHMENT OF OAKLAND COUNTY TELEPHONE OPERATING
SURCHARGE RATE FOR THE PERIOD JULY 1, 2011 TO JUNE 30, 2012
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution 1499279 authorized the telephone companies
operating within Oakland County to levy up to four (4%) percent surcharge for emergency
telephone operations (with the actual levy being $.57 per wireline, as then defined by State
statutes, while the authorized amount could have been up to $.80 per wireline) with recognition
that the surcharge would expire on December 31, 2006; and
WHEREAS enabling legislation permitted the extension of wiretine and wireless
operating surcharges from January 1, 2007 and through February 28, 2008 pending a more
permanent solution; and
WHEREAS the Board of Commissioners extended the telephone operating surcharge for
2007 and through February 28, 2008 at a rate of $.28 per line, as defined (down from the $.57
per line); and
WHEREAS the $.28 per line, as defined, was to fund the construction of a new radio
communication system and related operations ($.19 per line) and a one-time charge of $.09 per
line for the acquisition of IP-based call-taking equipment ("NG-911 Project) for the County
Sheriffs Office and local public safety answering points operating within Oakland County; and
WHEREAS the Michigan Public Services Commission (MPSC) interpreted the
legislation to limit the Board of Commissioner approved telephone operating surcharge of $.28
per line, as defined, to $A8 per line through Case Number U-15489 causing a restructuring of the
NG-911 Project fund (capital costs) and the capital and operating costs of the new radio
communications system; and
WHEREAS Public Act 379 of 2008 requires the Board of Commissioners to review the
amount of the operational surcharge it annually authorizes each spring and adjust, if applicable,
the amount effective July 1 of that year; and
WHEREAS the Board of Commissioners established a telephone operating surcharge rate
for the period of Julyl, 2009 to June 30, 2010 of $.18 per line, as defined; and
WHEREAS the telephone operating surcharge for the period July 1, 2010 through June
30, 2011 was set at $.23 per line, as defined, by the Board of Commissioners in spring 2010 to be
used to construct and maintain the radio communications / E-9-1-1 functions for public safety
(law enforcement, fire and emergency medical services) within Oakland County; and
WHEREAS a memorandum dated February 4, 2011 from County Administration
covering the financial and programmatic status of the Radio Communications Fund for the
quarter ended December 31, 2010 was submitted to the Finance Committee for its March 17,
2011 meeting as well as a March 1, 2011 memorandum involving the recommendation of the
telephone operating surcharge rate for the July 1, 2011 through June 30, 2012 period; and
WHEREAS the Radio Oversight Committee, a committee of the CLEMIS Advisory
Board, unanimously approved the extension of the $.23 per line telephone operating surcharge
on March 3, 2011 for the July 1,2011 through June 30, 2012 period; and
WHEREAS such approved operating surcharge resolution shall be submitted to the
MPSC no later than May 16, 2011 for the period of july 1, 2011 through June 30, 2012; and
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
WHEREAS the County Administration believes that the °parity issue' as defined in
correspondence supplied in connection with the setting of the prior year telephone operating
surcharge requiring out-County law enforcement agencies (sans the City of Livonia Police
Department, as Livonia is the CLEM1S disaster recovery / back-up site; such back-up costs have
been and continue to be borne by Livonia) to increase their financial support of CLEMIS
remains unresolved even as on-going discussions have occurred in fall and up to the present; and
WHEREAS the non-County law enforcement agencies are charged a membership fee
10% higher than those agencies within Oakland County and are generally required to connect to
the CLEMIS systems at their cost but such amounts are inadequate to provide parity with the
CLEMIS subsidies provided by Oakland County taxpayers; and
WHEREAS it was determined that the resolution of the CLEMIS Operating Fund
financial issues were paramount to the operating efficiencies of local. law enforcement agencies,
particularly given the reduction in most, if not all, agencies arising from the regional economy
and declines in property values and, now, the anticipated reductions facing local units of
government from State support reductions (e.g. revenue sharing and other State support); and
WHEREAS increases in CLEMIS membership and other fees burdened on Oakland
County law enforcement agencies could exacerbate the reductions in law enforcement services.
WHEREAS the resolution of the parity issue is not going to occur prior to the submission
of the operating surcharge rate requirement imposed by the State.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the extension of the operating surcharge on telephone lines, defined
by State statute, for the period of July 1, 2011 through June 30, 2012 to cover the operations,
construction and necessary provisions of the Radio Communications Fund in the amount of $.23
per line, as defined.
BE IT FURTHER RESOLVED that the anticipated telephone operating surcharge
revenue for the period of July 1, 2011 through June 30, 2012 was based on the 5.23 per line, as
defined was used for the County's FY-2011 and 2012 operating budgets; therefore, no budget
amendment is required at this time.
BE IT FURTHER RESOLVED that County Administration and the law enforcement
agencies plan to continue working towards resolving the "parity issue" as described in FY 2010
for discussion with the Board of Commissioners no later than the FY 2012-2014 CLEMIS Fund
budget hearing,
BE IT FURTHER RESOLVED that the Chairman of the Finance Committee shall
appoint a task -three of commissioners to consider the parity issue with a report due back no later
than June 30, 2011 for consideration in the budget hearings in the summer; such task force shall
include local law enforcement officials and CLEMIS staff members as appropriate.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
I !,tEREE$11 AFT.OVE FORE OtUTION
Resolution #11069 April 21, 2011
Move by Covey supported by Long the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic, Covey. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 21,
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 21st day of April, 2011.
094
Bill Bullard Jr., Oakland County