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HomeMy WebLinkAboutResolutions - 2013.12.12 - 21122MISCELLANEOUS RESOLUTION 113306 December 12, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - APPROVAL OF FY 2013 DEFICIT ELIMINATION PLAN TO THE OAKLAND COUNTY HOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS Public Act 140 of 1971 (the General Revenue Sharing Act) and Public Act 34 of 2001 (revised Municipal Finance Act)required local units of government submit a "deficit elimination plan" when any governmental fund experience negative unreserved fund balance and when any proprietary fund experiences negative unrestricted net assets; and WHEREAS Oakland County completed the fiscal year ending September 30, 2013 with three (3) funds with negative unassigned fund balances, which required submission of a deficit elimination plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves submission of the attached deficit elimination plan to the Michigan Department of Treasury. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Scott and Matis absent. COAKLAN L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN DEPARTMENT OF MANAGEMENT AND BUDGET FISCAL SERVICES DIVISION Timothy J. Soave, Manager December 12, 2013 Bureau of Local Government Services Michigan Department of Treasury Treasury Building 430 West Allegan Street Lansing, MI 48922 DRAFT For the fiscal year ending September 30, 2013, Oakland County reports three (3) funds with a negative unassigned fund balance (e.g. a "deficit). Below, please find a listing of those funds, the amount of the deficit, and a deficit elimination plan: Capital Projects Fund - Lake Levels - Act 146 $(225,629) The negative unreserved fund balance in the Lake Levels - Act 146 Fund primarily reflects costs that are related to the Bush Lake Level project in the amount of $192,060 and the Upper Straights Lake Level Dam Reconstruction project in the amount of $39,412. Bush Lake Level- Construction of a new lake level control structure has been completed and a Long Term Special Assessment for the project commenced in FY 2011. In 2010, the Oakland County Board of Commissioners authorized a loan in the amount of $300,000 from the County's Long Term Revolving Fund to the Bush Lake Special Assessment District to be collected in ten annual installments. The long-term receivable is now on the balance sheet to track the collection of the Long Term Special Assessment. The deficit amount has been reduced by S36,659 to $192,060 for FY 2013, Upper Straits Lake Dam Replacement - The project consists of replacing an existing lake level control structure in West Bloomfield Township, Oakland County, Michigan. The project is currently in the design phase. When the design phase is completed, the estimated project cost will be determined. It is planned that the project will be financed with a loan from the Oakland County Board of Conunissionef s Long Term Revolving Fund. The loan will be repaid by an assessment to the Upper Straits Lake Level Special Assessment District over a proposed ten year period. The Special Assessment District must be updated prior to requesting the loan. Updating the district requires Circuit Court action and therefore, the project schedule is directly affected by the Court schedule, Any delays in receiving the Court judgment on the district update will be reflected in the timing of receiving loan money and approval of special assessment. Capital Projects Fund — Drain Chapter 4 Construction $(122,740) The negative unreserved fund balance in the Chapter 4 Drain Construction Fund reflects costs that are related to the Lower Pettibone Lake Sanitary Chapter 4 Drain Construction project: A loan from the Long Term Revolving Fund was approved by the Oakland County Board of Commissioners to provide advance funding for this project. A five year assessment is proposed to repay the loan. The draws from the Long Term Revolving Fund loan are being tracked on the Balance Sheet of the Construction Fund. The design for the project is complete and bids are scheduled to be received in November 2013. Municipal bonds will be sold to finance the project and repay the Long Term Revolving Fund. The bond sale has been delayed due to litigation regarding the project. It is anticipated that the bond sale will occur in FY 2014. Special Revenue Fund - Lake Levels - Act 146 $(258,173) The Lake Levels - Act 146 consists of 30 separate lake level funds. Annually, lake level funds are reviewed and assessments authorized. Assessments are determined in July and are placed on December tax bills. The assessments are meant to cover any individual fund deficits identified at that time and also to cover the anticipated operating costs for the following year. However, our maintenance and operation costs are directly affected by weather conditions and several of our lake level controls have electrically operated augmentation pumps, making it difficult to predict future expenses. Below is an explanation for the significant lake level maintenance fund negative unreserved fund balances. Negative unreserved fund balances in the other lake level funds will be reviewed and eliminated in future year's assessments 1.) Bush Lake Level Maintenance Fund- This negative unreserved fund balance is primarily due to an invoice from Oakland County Corporation Counsel that was received several years after the closure of the construction fund. The beginning 2013 negative unreserved fund balance was $24,112.96 and has been reduced to $21,654.04 by the end of FY 2013. This negative unreserved fund balance will be eliminated over the next several years. 2.) Oxford Multi Lakes Level Maintenance Fund- the Oxford Multi Lake Level Fund negative unreserved balance is due to a large maintenance project that is being funded through a five (5) year special assessment through 2014. In 2008, the Oakland County Board of Commissioners authorized a loan in the amount of $126,000 from the County's Long Term Revolving Fund to the Oxford Multi-Lakes Special Assessment District to be collected in five annual installments. The beginning 2013 negative unreserved fund balance was $31,148.20 and has been reduced by $10,448.26 to $20,699.94 by the end of FY 2013. This negative unreserved fund balance should be eliminated in two (2) years. 3.) Tipsico Lake Level-Lake level assessments for Tipsico Lake will be increased in FY 2014 to eliminate the FY 2013 negative unreserved fund balance of $7,411.19. 4.) Waterford Multi Lakes-(FY 2013 negative unreserved fund balance of $75,468.98). A maintenance repair project was performed on the Van Norman Lake Level structure in 2013. The cost of the repair was included in the FY 2014 assessment and the negative unreserved fund balance should be eliminated by FY 2015. 5.) White Lake Level- (FY2013 negative unreserved fund balance of $65,320.56). The augmentation well for this lake required a project to repair the pump. The costs for the repair has been included in the FY 2014 assessment and the negative unreserved fund balance should be eliminated by FY 2015 6.) Bunny Run Lake Level — Lake Level assessments for Bunny Run will be increased in FY 2014 to eliminate the FY 2013 negative unreserved fund balance of $4,270.95. 7.) Crystal Lake Level — (FY 2013 negative unreserved fund balance of $6,759.94) A fence replacement project was completed in FY 2013. The cost of the project was included in the FY 2014 assessment and will be recovered by FY 2015. 8.) Lake Louise Lake Level — Lake Level Assessments for Lake Louise will be increased in FY 2014 to eliminate the FY 2013 negative unreserved fund balance of $5,089.01. 9.) Oxbow Lake Level — (FY 2013 negative unreserved fund balance of $100,771.25) A dam repair project was completed in FY 2013. The cost of the project was included in the FY 2014 assessments and the negative unreserved fund balance should be eliminated by FY 2015. Additional Plan Information: A review of the equity balances over the last 5 years led to the realization that the initial review for budgets and assessments may not have been adequate to cover the deficit and next year's expenses. Through further review, it has become known that the age of these structures is such that they are going to require more maintenance and possible structural improvements. In addition to increasing next year's Special Assessments to cover the existing negative unreserved fund balances, and anticipated maintenance expenses, plans include the establishment of a contingency reserve for each of the lake level funds in order to cover unanticipated expenses. The additional amount to be collected to begin the establishment of reserves for these funds will initially be 5% and will increase to 15% of the annual expenditures for each Lake Level Fund, which is the maximum allowed under the authority of Part 307 of P.A. 451 of 1994, as amended. In addition, the Oakland County Water Resources Commissioner will implement a process using our Comprehensive Asset Management System (CAMS) to compare actual operation and maintenance expenses with lake level budgets on a quarterly basis. We trust that the above demonstrates that Oakland County has sufficient plans in place to eliminate the negative unassigned fund balance reported in the financial records for the fiscal year ending September 30, 2013. Any questions regarding this matter should be directed to my attention at 248-858-0807, or by e-mail at soavet@oakgov.com . Sincerely, Timothy J. Soave, CPFO Manager, Fiscal Services Division Department of Management and Budget Oakland County, Michigan cc: Robert Daddow, Deputy County Executive Laurie Van Pelt, Director, Management and Budget Jim Nash, County Water Resources Commissioner Resolution #13306 December 12, 2013 Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Rdnestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). ,SactA-U I HEREBY 09140\9E 7M RESOLUTION CHIEF DEPUTY OO(JNTY EXECUTW ACTING PURSUANT TO MCL 45.569A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I I Lisa Brown, 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 December 12, 2013, 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 12th day of December 2013. Lisa Brown, Oakland County