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HomeMy WebLinkAboutMinutes - 2012.07.18 - 36644CHRISTINE LONG Chairperson KATHY CRAWFORD Vice Chairperson MARCIA GERSHENSON Minority Vice Chairperson July 9, 2012 Chairperson Long called the meeting of the General Government Committee to order at 9:37 a.m. in the Board of Commissioners’ Committee Room A, County Service Center in Pontiac, Michigan. COMMITTEE MEMBERS PRESENT : Christine Long, Kathy Crawford, Marcia Gershenson, John Scott, Bob Gosselin, Jeff Matis, Bob Hoffman, Mattie Hatchett, Jim Nash, Nancy Quarles COMMITTEE MEMBERS ABSENT WITH NOTICE: OTHERS PRESENT CORPORATION COUNSEL Judith Cunningham, Corporation Counsel Keith Lerminiaux, Deputy Joellen Shortly, Attorney Mary Mara, Attorney Carmen Lyon, Attorney HEALTH AND HUMAN SERVICES George Miller, Director LIBRARY BOARD Laura Mancini, Director AREA AGENCY ON AGING 1-B Tina Abbate Marzolf, CEO Andrea Layman OAKLAND LIVINGSTON HUMAN SERVICE Ron Borngesser, CEO AGENCY BOARD OF COMMISSIONERS Jim Ver Ploeg, Admin. Director Sheryl Mitchell, Sr. Analyst Helen Hanger, Sr. Com. Coordinator APPROVAL OF THE PREVIOUS MINUTES Scott moved approval of the minutes of June 11, 2012 as printed. Supported by Matis. Motion carried on a voice vote. APPROVAL OF THE AGENDA Crawford moved approval of the agenda as printed. Supported by Gosselin. Motion carried on a voice vote. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 N. TELEGRAPH ROAD, PONTIAC, MI 48341-0475 Telephone (248) 858 -0100 FAX (248) 858 -1572 GENERAL GOVERNMENT COMMITTEE John Scott Bob Gosselin Jeff Matis Bob Hoffman Mattie Hatchett Jim Nash Nancy Quarles GENERAL GOVERNMENT COMMITTEE Page 2 July 9, 2012 PUBLIC COMMENT None. AGENDA ITEMS 1. BOARD OF COMMISSIONERS – AREA AGENCY ON AGING 1 -B – FY 2013 ANNUAL IMPLEMENTATION PLAN The Area Agency on Aging 1 -B is requesting approval by resolution of its Fiscal Year 2013 Annual implementation Plan to convey such support to the Michigan Office of Services to the Aging. The plan has been approved by the AAA 1 -B Advisory Council and subjected to public hearing. The local match of $80,472 and Community Care Management of $108,034 for Oakland County remain unchanged from FY 2012. Ms. Abbate Marzolf explained that $12 million worth of services are provided to Oakland County each year for a variety of services and community based senior outreach programs such as Meals on Wheels. Rather than doing a three year plan, the State requested agencies do a one -year continuation plan because they are in the process of reviewing census information to determine future funding allocations. The State was awarded an additional $1.1 million for the region and the Agency is waiting to hear what its additional allocation from this award will be . Commissioner Crawford recognized the efforts of Ms. Abbate Marzolf and Mr. Miller for working to implement additional programs and services . “My Ride 2” is a new program allowing seniors to go on line and find out by zip code what transportation services are available. Nash moved to recommend approval of the attached suggested resolution. Supported by Hoffman. Motion carried unanimously on a roll call vote . 2. CORPORATION COUNSEL PRESENTATION Ms. Cunningham introduced staff and explained that the General Government Committee is liaison to her department and as such she felt it appropriate to provide the committee with an update from time to time. The office of Corporation Counsel was created on January 5, 1942 and placed under the County Executive on January 1, 1975 pursuant to Act 139 of 1973. Corporation Counsel performs all civil law functions for the county as provided by law. Corporation Counsel subscribes to the Institution of Continuing Legal Education so that its attorneys and other staff may participate in offsite as well as in -office/on line programs, the latter being a cost savings to the county . Other departments are invited to participate in these on -line programs as well. Attorneys specialize in various matters that include litigation, financial legal issues, intellectual property, intergovernmental contracts . On average, less than 10% of litigation cases are handled by outside counsel. Of 129 contested matters closed in a 24 -month time frame (2010 -2011) 116 or 90% were resolved by pre -trial procedures and/or dismissals w ith no payments from the County. When settlements occur, they are funded through the County’s Building and Liability Fund. Interlocal contracts are time intensive because they involve communities and their attorneys and multiple meetings. Larger more recent issues included working on a Sheriff’s contract with the City of Pontiac, which began under one Emergency Manager and then another, and apportionment, which began under one law with one committee and ended under a new statute with a new committee and included questions on the Voting Rights Act and a challenge to the original plan. Unanticipated issues arise as well, such as Independence Township appealing GENERAL GOVERNMENT COMMITTEE Page 3 July 9, 2012 the presence of the Sheriff’s deputies in meetings falling under the Open Meetings Act. Departments are being encouraged to answer their own Freedom of Information Act questions as often as possible as many times the answer is on the county website . Corporation Counsel has also had to handle less popular causes such as suing Blue Cross and the Michigan Department of Corrections on behalf of the County. T he Retirement Board and the Deferred Compensation Board (DCB) were merged at Ms. Cunningham’s insistence so that she could act as advisor and review their contracts for investment consultants, etc. As a result, Ms. Cunningham also gave up her seat on the DCB Board. Ms. Mara reported that th e County had won a $850,000 settlement from the Michigan Department of Human Services regarding Child Care Fund Budget rates. The Law requires the State to notify Counties in September of rate changes for the following calendar year in order to set the budget. Problems began in 2007 when they changed the rates in August and applied them r etroactively. A large copy of the check representing two years or rate adjustments was shared with the committee. The case never went to merit as MDHS Director Maura Corrigan directed her staff to resolve the matter. Other counties were invited to join in the declaratory judgment but none did so. Ms. Mara explained that she was notified by the County’s Reimbursement Unit of settlement of a class action lawsuit against the Michigan Department of Corrections filed by 800 -900 female prisoners claiming abus e by prison guards . The names of these female prisoners were suppressed from court files. Statutes provide that when inmates receive an award they first have to make good on outstanding court fees and n o such provision was made in the settlement. This is public money but no transparency is provided. A motion was filed to make these names public and require that court fees, child support owed and crime victims could deservedly be made whole. Wayne County has joined this effort and the County is awaiting an answer from the Court of Appeals. Ms. Mara, Ms. Cunningham and Ms. Corrigan, on behalf of the MDHS and the child support piece, have testified before the legislature. Mr. Lerminiaux reported that the County’s lawsuit to recover against Freddie Mac for MERS (Mortgage Electronic Recording System) transfer fees has resulted in a favorable ruling by the Federal District Court of $900,000 . Freddie Mac claimed early on they were an instrument of the U.S. Government and therefore exempt from the transfe r tax. The Federal District Court has ruled against Freddie Mac, stating that Freddie Mac is not an instrument of the U.S. Government but rather a government-sponsored publicly traded entity. Freddie Mac is appealing. Another aspect of the case filed but not as yet ruled on may result in an additional award for the County . Another case involves the Sheriff taking people into custody from Circuit Court to detention and then to jail and corrections officers using strip search to make sure nothing is smu ggled into the jail. A case was filed but Counsel requested a stay pending the outcome of a strip search case in New Jersey. In April, the U.S. Supreme Court ruled that suspicion is enough to perform a strip search if someone is being put into the jail population. Quarles moved to receive and file the presentation outline provided by corporation Counsel. Supported by MATIS. Motion carried on a voice vote. 3. BOARD OF COMMISSIONERS – LIBRARY BOARD APPOINTMENTS As of August 24, 2012 terms for two B oard of Commissioners’ appointed members of the Library Board will expire. The application process was opened through July 6, 2012. Mr. Chambers has GENERAL GOVERNMENT COMMITTEE Page 4 July 9, 2012 re-applied. Mr. Jensen indicated that he was retiring and would not re -apply. Three other applications were received as well. There is no special designation for these two seats . Scott moved to set up interviews for the four applicants. Supported by Matis. Motion carried on a voice vote. 4. BOARD OF COMMISSIONERS – COMMUNITY MENTAL AUTHORITY – RESIGNATION AND REPLACEMENT OF GENERAL PUBLIC MEMBER MYRNA LEBRUN Ms. Myrna LeBrun has submitted a letter of resignation dated June 8, 2012 indicating her last Board meeting would be June 19. Ms. LeBrun served in a “General Public” designated seat. A letter dated June 25, 2012 from the Community Mental Health Authority regarding the filling of this vacancy was received and has been placed on the communications portion of the agenda to receive and file. The website will be updated and a press release done to accept applications through Friday, August 24, 2012. COMMUNICATIONS A. Letter from Jeff Brown, Executive Director of Community Mental Health Authority dated 6/25/12 Re: Myrna LeBrun Resignation B. Department of Health and Human Services – Health Division 2012 Water Quality Monitoring Grant – Application C. Oakland County Library Board Minutes – 4-20/12 D. Oakland County Library Board Minutes – 5/22/12 E. MI Dept. of Human Services -OC Board Minutes – 5/22/12 F. Road Commission for Oakland Co unty Minutes – 5/10/12, 5/24/12, 6/7/12 Hoffman moved to receive and file the communications. Supp orted by Crawford. Motion carried on a voice vote. OTHER BUSINESS/ADJOURNMENT Circuit Court is still waiting on recommendations for the Jury Board. Commissioner Scott reported that the Veterans’ Advisory Committee (VAC) Study Group held a public hearing June 18, 2012 on MR #11229 - to create the VAC. A meeting of the Study Group will be held to review the comments from this event and report back to the committee. There being no other business to come before the committee, the meeting was adjourned at 10:50 a.m. ______________________________ __________________________________ Helen A. Hanger Jim Ver Ploeg Sr. Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval.