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HomeMy WebLinkAboutMinutes - 2010.09.23 - 7107981 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 23, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:40 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Bob Gosselin. Pledge of Allegiance to the Flag. Moved by Long supported by Coleman the minutes of the September 1, 2010 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be amended, to move: Move Finance Committee, item b. – Board of Commissioners – Tri-Party Improvement Program Fiscal Year 2010 Appropriation Charter Township of Commerce – Cooley Lake Road – Project No. 50171; and item d. – Board of Commissioners – Tri-Party Improvement Program Fiscal Year 2010 Appropriation – Charter Township of White Lake Cooley Lake Road – Project No. 50171 to the Regular Agenda. Move to amend previously adopted MR #10202 to correct the Fiscal Note to reflect the correct funding appropriation of $61,345 and Move to amend previously adopted MR #10203 to correct the Fiscal Note to reflect the correct funding appropriation of $40,955. Vote on Agenda, as amended: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. September 23, 2010 982 Deputy County Clerk, Mike Senyko read a thank you card from the family of the late Commissioner Jeff Potter. Chairperson Bill Bullard, Jr. along with Commissioners Burns, Gingell, and Larry Obrecht, Manager of Animal Control, Presented a Plaque Presentation to Somerset Collections. Chairperson Bill Bullard, Jr. introduced Toine Murphy - U.S. Census Bureau, National Regional Office to present a Proclamation Plaque to the Board of Commissioners and County Executive, L. Brooks Patterson for participation in the US Census. Chairperson Bill Bullard, Jr. and County Executive, L. Brooks Patterson addressed the Board. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the FY 2011 General Appropriations Act. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the Board during public comment: Commissioner Shelly Taub and Alice Benbow. Moved by Middleton supported by Hatchett the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 998. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *REPORT (MISC. #10221) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: MR #10221 - BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – PONTIAC TRAIL AT M-5 – PROJECT NO. 50471 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on September 16, 2010, reports with the recommendation that the resolution be amended to correct $59,964 to $359,964 in the seventh and final WHEREAS. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #10221 BY: Commissioner Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – PONTIAC TRAIL AT M-5 – PROJECT NO. 50471 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and Commissioners Minutes Continued. September 23, 2010 983 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Commerce, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of Commerce and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Commerce has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Commerce is $ 59,964. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Commerce. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission and Cost Participation Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10221) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – PONTIAC TRAIL AT M-5 – PROJECT NO. 50471 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $317,889 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50471 construction of a modern roundabout at Pontiac Trail and M-5. 4. Funding of $42,075 is available in the General Fund Designated Fund Balance for Tri Party 2010 funding (account #371510) for the balance of the above mentioned project. 5. The FY 2010 budget be amended as follows: Commissioners Minutes Continued. September 23, 2010 984 General Fund #10100 Revenue FY 2010 10100-010101-196030-665882 Planned Use of Fund Balance $359,964 Total Revenues $359,964 Expenditures 10100-9010101-153010-740135 Tri-Party $359,964 Total Expenditures $359,964 FINANCE COMMITTEE (The vote for this motion appears on page 998.) *REPORT (MISC. #10223) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE GRAVEL ROAD IMPROVEMENT PROGRAM – PROJECT NO. 50582 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on September 16, 2010, reports with the recommendation that the resolution’s title be amended to strike “IMPAROVEMT” and insert “IMPROVEMENT”. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #10223 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE GRAVEL ROAD IMPROVEMENT PROGRAM - PROJECT NO. 50582 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of White Lake, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and Commissioners Minutes Continued. September 23, 2010 985 WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of White Lake and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of White Lake has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Charter Township of White Lake is $ 16,885. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of White Lake as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of White Lake. Chairperson, I move the adoption of the foregoing resolution. JIM RUNESTAD Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County, and Cost Participation Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10223) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE GRAVEL ROAD IMPROVEMENT PROGRAM – PROJECT NO. 50582 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $16,885 is available in the General Fund Designated Fund Balance for Tri-Party 2010 and prior funding (account #371510) for project #50582, spreading and chloride of gravel on roads. 3. The FY 2010 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $16,885 Total Revenues $16,885 Expenditures 10100-9010101-153010-740135 Tri-Party $16,885 Total Expenditures $16,885 FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10227 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2010 HURON CLINTON METROPOLITAN AUTHORITY TAX RATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Huron-Clinton Metropolitan Authority (HCMA) has requested that the Oakland County Board of Commissioners apportion a 0.2146 mill property tax rate, consistent with Michigan Law (MCL 211.34d(16) the Headlee “amendment”; and Commissioners Minutes Continued. September 23, 2010 986 WHEREAS the Finance Committee recommends the 2010 Huron-Clinton Metropolitan Authority rate be set at 0.2146 mills, the maximum allowable tax rate; and WHEREAS $11,814,040 is estimated to be raised by the 0.2146 levy. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2010 a tax rate of 0.2146 mills for the Huron-Clinton Metropolitan Authority, to be applied to the 2010 Taxable Value of all property located within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of 2010 Huron–Clinton Metropolitan Authority Tax Levy on file in County Clerk’s office. (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10228 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2010 PARKS AND RECREATION PROPERTY TAX LEVY To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Oakland County Board of Commissioners has the authority to levy 0.2415 mills tax to support the Oakland County Parks and Recreation Commission activities, during Fiscal Year 2011; and WHEREAS this levy was approved by the Oakland County voters on August 8, 2000 and as modified consistent with Michigan Law (MCL 211.34D(26)), the “Headlee amendment”; and WHEREAS $12,566,000 is estimated to be raised by the 0.2415 levy. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2010, a tax rate of 0.2415 mills for Oakland County Parks and Recreation activities, to be applied to the 2010 Taxable Value of all property within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of 2010 Tax Rate Request on file in County Clerk’s office. (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10229 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2010 THIRD QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2010 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment is recommended to reallocate $11,737 from the 52/2 (Clarkston) District Court’s excess Budget Task savings reflected in their Budget Transition account, to the Non- Departmental Budget Task Transition account to be consistent with accounting for all the Elected Official’s Budget Task shortfall and/or excess savings; and Commissioners Minutes Continued. September 23, 2010 987 WHEREAS MR #10083 authorized the creation of a Marine Deputy I for the Addison Township Law Enforcement Services Agreement, and a budget amendment is requested to correct the budgeted hours from 640 hours/year to 125 hours/years, which reduces the budget by $16,057; and WHEREAS a budget amendment is recommended to Corporation Counsel’s budget to reallocate $1,000 from FA Proprietary Equipment Expense to Expendable Equipment ($500) and Computer Supplies ($500) to better account for actual expenses; and WHEREAS a budget amendment is recommended to reflect savings realized from the reduction in Salaries of the County Elected Officials as donated revenue in a total amount of $159,472; and WHEREAS the cost for replacing carpet in the offices of the Equalization Division is estimated at $6,000, and the division is projected to be favorable in Personal Mileage due to the decline in new construction, and therefore, has requested to utilize the favorability towards the Project Work Order of replacing the carpet; and WHEREAS the Economic Development & Community Affairs Department is requesting to reallocate funds totaling $200,000 within the department’s budget to more accurate reflect the budget where the actual operating expenditures are incurred; and WHEREAS all County Automated External Defibrillators (AED’s) were replaced to update expired pads, batteries, and other components, as well as the purchase of additional ones, from the Building and Liability Fund by approximately $22,000; and WHEREAS Central Services Administration is reflecting insufficient funding ($4,400) for retirement expenditure due to a programming complication in the Salary Forecast, and both the Central Services Administration and Support Services divisions are reflecting projected unfavorability in hospitalization budget of ($14,200) due to an increase in costs; and WHEREAS a budget amendment is recommended to recognize projected favorability in the Clerk/Register of Deed’s Enhanced Access Fee revenue; and WHEREAS a budget amendment is requested in the amount of $594,000 to offset a projected shortfall in Sheriff’s budget for Fringe Benefits – Hospitalization, with projected favorable revenue from the Treasurer’s Office for TIFA/DDA Recovery in the amount of $494,000 and the Sheriff’s revenue for Reimbursement of Salaries in the amount of $100,000; and WHEREAS a Project Work Order to repair/upgrade showers (#100000001398) and install carpet in the Children’s Village facilities (#100000001397) is estimated to cost $32,000, along with replacing worn mattresses estimated at $10,000, and the Department of Health and Human Services has requested a budget amendment to utilize projected favorability in Health and Human Services Administration Division’s Private Institutions line-item, (savings from Havenwyck contract and fewer state wards), to cover the cost of the project; and WHEREAS Children’s Village is requesting a reallocation of funds in the amount of $3,500 from projected savings in Laundry and Cleaning to cover expenses in outside Printing; and WHEREAS a budget amendment in the amount of $6,875,000 is recommended to separate revenue from departments for Prescription Coverage Insurance and revenue from departments for Hospitalization Insurance to better account for these revenues against the associated expenditures; and WHEREAS the Water Resources Commissioner is requesting to amend the Drain Equipment Fund budget by $19,978 for leased vehicles operating expense and $158,092 for the capital cost of replacing six (6) department owned vehicles with six (6) leased vehicles owned by the Motor Pool Fund for FY 2010; and WHEREAS an amendment is requested for the Printing, Mailing and Convenience Copier Fund to re- appropriate budgets in the amount of $36,434 to recognize changes in standard mail costs, indirect costs, and the completion of phase II mailroom software update; and WHEREAS Community Corrections requests a budget amendment to transfer funds in the amount of $7,000 from the Community Corrections Grant Fund (#27370) to the Information Technology (IT) Fund to cover costs associated with technology enhancements for the Offender Link Interface; and WHEREAS the Department of Information Technology has requested a budget amendment in the amount of $1,409,765 to reappropriate funds for previously approved projects such as E-Health, Treasurer’s Office System, Collaborative Asset Management System (CAMS), and funding is available in the IT Fund Net Assets – Designated for Projects; and WHEREAS the Children’s Village Regional Mini-Grant award approved by the Board of Commissioners per MR #10200 reflected an error in the budget amendment to accept the award, and a revised budget Commissioners Minutes Continued. September 23, 2010 988 amendment is requested to reverse the amendment as presented with MR #10200, and transfer $4,000 directly from the Arts, Culture, and Film Grant Fund (29210) to the Child Care Grants Fund (28010); and WHEREAS on September 1, 2010 the Parks and Recreation Commission approved amendments to the FY 2010 Budget and is requesting that the Board of Commissioners amend the county budget to include these; and WHEREAS the Road commission has notified the Department of Management and Budget that two (2) 2009 Tri-Party projects, Walton Boulevard in Waterford and White Lake Road in White Lake have exceeded their project budget requiring an additional county tri-party contribution of $4,422 and $7,170 respectfully (totaling $11,592); funding is available in the General Fund Designated Fund Balance for Tri- Party 2009 and prior funding (GL account #371509) to cover these expenses; and WHEREAS the Probate Court received funding from the State’s Judicial Technology Improvement Funds in FY 2009 to use towards technology improvements, but had not completed them by year-end of FY 2009, and remaining funds (under Probate Svc/Estate – Special Projects) were inadvertently omitted from the FY 2009 funds carried forward and reappropriated into the FY 2010 Budget, and a budget amendment is requested to reinstate $7,510 from FY 2010 Undesignated Fund Balance (GL #390100) into Probate Court’s FY 2010 budget to cover expenses for completing the project; and WHEREAS the County has received an additional donation of $500 for the Oakland County Lady Justice Restoration Project; and WHEREAS there are two delinquent One-Stop Shop accounts totaling $23.00 for customers that are no longer in business and the Department of Management and Budget is requesting the balances be written off or deemed as uncollectible; and WHEREAS the Parks and Recreation Commission has six (6) checks which they have been unable been process due to insufficient funds amounting to $1,017.98, and it is requested the amount due and Non- Sufficient Fund Fees (NSF) for these checks be written off or deemed uncollectible. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2010 Third Quarter Financial Report. BE IT FURTHER RESOLVED that the FY 2010 Budget be amended pursuant to Schedules A and B. BE IT FURTHER RESOLVED that $11,592 from the FY 2010 Designated Fund Balance for Tri-Party 2009 and prior funding be appropriated as follows: GENERAL FUND (10100) Revenues 9010101-196060-665882 Planned Use of Fund Balance $11,592 Total Revenues $11,592 Expenditures 9010101-153010-740135 Tri-Party $11,592 Total Expenditures $11,592 $ 0 BE IT FURTHER RESOLVED that $7,510 from the FY 2010 Undesignated Fund Balance be appropriated as follows: GENERAL FUND (10100) Revenues 9010101-196030-665882 Planned Use of Fund Balance $7,510 Total Revenues $7,510 Expenditures 3040403-124010-731822 Probate Court/Estates – Special Projects $7,510 Total Expenditures $7,510 $ 0 BE IT FURTHER RESOLVED that the donation for the Lady Justice Restoration Project be accepted and applied to the Facilities Maintenance & Operations Courthouse Sublet Repairs Fund. BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of Management and Budget and stated above are authorized to be written off. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of FY 2010 Third Quarter Report on File in County Clerk’s office. Commissioners Minutes Continued. September 23, 2010 989 (The vote for this motion appears on page 998.) *REPORT (MISC. #10230) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2010 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on September 15, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10230 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2010 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the seventeenth (17th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $325,381 consists of $225,381 in current program costs and $100,000 as reimbursement for past expedited expenditures; and WHEREAS the Remonumentation Program basic work has been accomplished and the scope of work has changed; and WHEREAS this Program has the support of one (1) SR full-time eligible GIS/CAD Technician I position and for CY 10 the grant will provide limited funding for personnel expenditures; and WHEREAS to operate in a more cost-effective manner, the Register of Deeds proposes to streamline the Remonumentation Program by deleting the current full-time eligible SR GIS/CAD Technician I position retroactive to January 2, 2010 and redirect available funding to partially reimburse one existing full-time eligible Plat & Boundary Review Specialist position that is in charge of the monitoring and administrative matters of the program; and WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS approximately 4,419 corners have been remonumented and approved by the Peer Review process and 40 corners are currently being remonumented through the Remonumentation Program; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2010 through December 31, 2010 in the amount of $325,381. BE IT FURTHER RESOLVED that one (1) SR full-time eligible GIS/CAD Technician I position (#2010401- 07330) be deleted retroactive to January 2, 2010. BE IT FURTHER RESOLVED that one (1) GF/GP full-time eligible Plat & Boundary Review Specialist position (#2010401-09329) be partially reimbursed by the Remonumentation program effective January 1, 2010 through September 30, 2010. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, or her designee, as the Grant Administrator. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment. Commissioners Minutes Continued. September 23, 2010 990 Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Clerk/Register of Deeds and Grant Between the state of Michigan Department of Energy Labor and Economic Growth and Oakland County on file in County Clerk’s office. FISCAL NOTE (MISC. #10230) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2010 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Labor and Economic Growth has awarded the Oakland County Clerk/Register of Deeds on-going funding in the amount of $325,381 for the Remonumentation program, with no County match required. 2. Of the total grant award, $225,381 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 3. The grant funding period is January 1, 2010 through December 31, 2010. 4. The Register of Deeds proposes to delete a vacant full-time eligible SR GIS/CAD Technician I position #07330 and redirect available annual funding to partially reimburse one (1) existing full- time eligible GF/GP Plat & Boundary Review Specialist, position #09329. 5. In 2009, the Clerk/Register of Deeds received a grant award of $321,224. 6. The FY 2010 Budget for the Clerk Survey Remonumentation Fund is $928,690, which was based on the 2008 award. 7. Subsequently, $928,690 is also reflected in the FY 2011 – FY 2013 Finance Committee Recommended Budget. 8. A budget amendment is recommended for Fiscal Year 2010 and the FY 2011 – FY 2013 Finance Committee Recommended Special Revenue Budgets to reflect the new grant award and the position changes as follows: CLERK SURVEY REMONUMENTATION FUND #29220 Grant #0000000345. Activity A, Analysis Type GLB Adopted Change Amended Revenues 2010401-172180-615571 Grant-State $928,690 ($603,309) $325,381 Total Special Revenue Fund Revenues $928,690 ($603,309) $325,381 Expenses 2010401-172180-702010 Salaries $ 49,273 ($ 41,614) $ 7,659 2010401-172180-722740 Fringe Benefits $ 29,494 ($ 25,153) $ 4,341 2010401-172180-730709 Fees-Per Diem $ 15,000 ($ 10,000) $ 5,000 2010401-172180-740128 Admin $833,216 ($526,566) $306,650 2010401-172180-778675 IT/Phone $ 1,707 24 $ 1,731 Total Special Revenue Fund Expenses $928,690 ($603,309) $325,381 FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10231 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: OAKLAND COUNTY DRIVER SAFETY POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. September 23, 2010 991 WHEREAS the Department of Risk Management and Safety conducts oversight for vehicle safety, vehicle and third party liability; and WHEREAS recent changes to Michigan law prohibiting certain activities on a 2 way communication device while driving; and WHEREAS the City of Troy has enacted an ordinance prohibiting the operation of a motor vehicle while engaged in certain activities (distracted driving); and WHEREAS vehicle crashes are the number one cause of workplace fatalities per Travelers Insurance Fleet Exposure Management; and WHEREAS it is important that the County make it very clear to employees operating a County vehicle or their own vehicle while conducting County business that all laws must be obeyed; and WHEREAS a written policy has been created to specifically address driver safety and identifies certain actions beyond written laws that must be followed while operating a County vehicle or an employees own vehicle while conducting County business; and WHEREAS the County Driver Safety Policy specifically specifies disciplinary action for those who are non-compliant with the policy and is within the intent of Merit Rule 8 related to disciplinary actions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and adopts the attached county Driver Safety Policy and that the policy be disseminated to all County employees once adopted by the Board of Commissioners. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of County of Oakland Driver Safety Policy on file in County Clerk’s office. The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10232 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2011 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (O.C.E.U.) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Employee Union (O.C.E.U.), have been negotiating an extension of the current collective bargaining agreement for Fiscal Year 2011 for approximately 283 employees; and WHEREAS a one year agreement has been reached for the period October 1, 2010 through September 30, 2011, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 1.5% wage reduction for all employees represented by this bargaining unit for Fiscal Year 2011; and WHEREAS this agreement provides that should the salary rates for the general, non represented employee group be reduced less that 1.5%, members represented by this bargaining unit shall have their wages affected in a similar manner; and WHEREAS this agreement has been reduced to writing in the form of a memorandum of agreement; and WHEREAS the agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Oakland County Employees Union, covering the period of October 1, 2010, through September 30, 2011, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Commissioners Minutes Continued. September 23, 2010 992 Copy of Memorandum of Agreement and Bi-Weekly Salaries FY 2011 for Animal Control, Maintenance, Custodial and Grounds, Sheriff’s Department Clerical and Maintenance Employees, Parks and Recreation Department, and Water Resources Commissioner on file in County Clerk’s office. FISCAL NOTE (MISC. #10232) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2011 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (O.C.E.U.) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Employee Union (O.C.E.U.) of approximately 283 employees have negotiated an extension of the current collective bargaining agreement for the period of October 1, 2010, through September 30, 2011. 2. The agreement provides for a 1.5% wage reduction for FY 2011, which totals approximately $262,173 (Salaries - $182,572; Fringe Benefits - $79,601). 3. The FY 2011 Finance Committee Recommended Budget includes the 1.5% wage reduction, and therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10233 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT- FISCAL YEAR 2011 WAGE RE-OPENER FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association have negotiated a wage rate pursuant to a wage re-opener for Fiscal Year 2011 for approximately six Prosecutor’s Investigators; and WHEREAS this agreement provides for a 1.5% wage decrease effective with the pay period beginning September 25, 2010; and WHEREAS this agreement provides that should the salary rates for the general, non-represented employee group be reduced less that 1.5%, members of this bargaining unit shall have their wages affected in a similar manner; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Human Resources Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Memorandum of Agreement between the County of Oakland and the Oakland County Prosecutor’s Investigators Association covering the period of October 1, 2010, through September 30, 2011, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. Commissioners Minutes Continued. September 23, 2010 993 FISCAL NOTE (MISC. #10233) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2011 WAGE RE-OPENER FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have negotiated a wage rate pursuant to a wage re-opener for Fiscal Year 2011 for approximately six (6) Prosecutor’s Investigators. 2. The County of Oakland and the Oakland County Prosecutor’s Investigators Association, Bargaining Unit #042 have agreed to a 1.5% wage reduction consistent with other County employees for FY 2011. 3. The employees represented by this bargaining unit will receive the same salary and fringe benefit modifications (Me-Too) as general non-represented County employees. 4. The 1.5% wage reduction represents a reduction in salaries and related fringe benefits of $8,482 (Salaries - $5,415; Fringe Benefits - $3,067), and is included in the FY 2011 Finance Committee Recommended Budget. 5. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10234 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FY 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for FY 2010 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2010, which includes the following classification changes: Salary Grade Total Points Classification From To From To Director – Library Services 16 16 553 547 Sewage Treatment Supervisor I 11 11 381 393 BE IT FURTHER RESOLVED that the following positions be reclassified to a new classification with no change in salary grade: Position Number From Classification To Classification 1060501-00702 Casework Supervisor Treatment Services Supervisor 1060501-00949 Youth & Family Casework Supervisor Treatment Services Supervisor BE IT FURTHER RESOLVED that the following unused classification title be deleted: Master Appraiser Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Commissioners Minutes Continued. September 23, 2010 994 (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10217 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH TERRY AND MARTHA FOSHIA, SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park; and WHEREAS a one-story three bedroom house identified as 12080 Clark Road is located on the grounds of Springfield Oaks County Park; and WHEREAS it is the desire of the Parks and Recreation Commission to lease said house located at 12080 Clark Road to Terry and Martha Foshia, a County employee, for a period of five years commencing September 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Terry and Martha Foshia will pay rent in the amount as follows: September 1, 2010 – December 31, 2010 $705.00 January 1, 2011 – December 31, 2011 $719.00 January 1, 2012 – December 31, 2012 $733.00 January 1, 2013 – December 31, 2013 $748.00 January 1, 2014 – December 31, 2014 $763.00 January 1, 2015 – December 31, 2015 $778.00 and they will pay all utility costs, provide after hours security, coordinate all emergency activities with local police and fire agencies and provide after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Terry and Martha Foshia. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Terry and Martha Foshia, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10217) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH TERRY AND MARTHA FOSHIA, SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: Commissioners Minutes Continued. September 23, 2010 995 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Terry and Martha Foshia for the rental of a house identified as 12080 Clark Road and located on the grounds of Springfield Oaks County Park. 2. The residential lease agreement with Terry and Martha Foshia stipulates she will pay rent in the amount of $705 per month in the first four (4) months, with annual increases for a period of five years, and pay all utility costs, commencing September 1, 2010 through December 31, 2015. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities, Terry and Martha Foshia will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and provide emergency maintenance as necessary for Springfield Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on August 4, 2010. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Springfield Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10218 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2010 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2010 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been reviewed by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2010 season, as was established by Miscellaneous Resolution #09257. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Police Protection – Michigan Renaissance Festival on file in County Clerk’s office. FISCAL NOTE (MISC. #10218) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2010 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Renaissance Festival has requested the Oakland County Sheriff’s Department to supply Patrol Officers for the Law Enforcement Services for the upcoming 2010 season. 2. The Oakland County Sheriff’s Office contracted with the Michigan Renaissance Festival for the 2009 season by Miscellaneous Resolution #09123. Commissioners Minutes Continued. September 23, 2010 996 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #09257 that established standard overtime rates for calendar year 2010. 4. The contract will take effect on August 21, 2010 and expires October 3, 2010; or fifteen (15) event days. 5. The proposed agreement will result in approximately $62,181 in revenue and expenditures for Fiscal Year 2010, a decrease of $242 from Fiscal Year 2009. 6. Revenue is currently budgeted in the Fiscal Year 2010 Amended Budget and therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10219 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: CIRCUIT COURT – FAMILY DIVISION – OAKLAND COUNTY CHILD CARE FUND BUDGET 2010-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of Juvenile Justice, Department of Human Services, annually; and WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Department of Health and Human Services have developed the attached foster care services budget for the State's fiscal year, October 1, 2010 through September 30, 2011; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 2010-2011 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Unit, Department of Human Services. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary, Child Care Fund Summary Report, In Home Care Certification and in home Care Basic Grant Budget Detail Report on file in County Clerk’s office. FISCAL NOTE (MISC. #10219) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – FAMILY DIVISION – OAKLAND COUNTY CHILD CARE FUND BUDGET 2010-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Under the provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for funding foster care services to the Child and Family Services Office of the Bureau of Juvenile Justice, Department of Human Services annually. 2. The Circuit Court/Family Division and the Oakland County Department of Human Services have developed the foster care services budget for the period covering October 1, 2010 through September 30, 2011. 3. The application reflects $35,440,638 in gross expenditures and $2,300,000 in offsetting revenues, leaving a net expenditure of $33,140,638. The Child Care fund reimburses 50% for all Child Care Fund eligible expenditures of $33,140,638, rendering a State reimbursement of $16,570,319 should the State approve the budget, and the County expends all funds listed in the application. 4. The application reflects an approximate .56% decrease from last year’s application, totaling $186,973. Commissioners Minutes Continued. September 23, 2010 997 5. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on current available data, and may not reflect the eventual adopted budget and/or expenditures for this program. The application expenditures exceed the FY 2011 Finance Committee Recommended Budget by approximately 9.72% or $1,611,620. 6. If necessary, a budget amendment will be recommended at the time of contract agreement. FINANCE COMMITTEE (The vote for this motion appears on page 998.) *MISCELLANEOUS RESOLUTION #10235 BY: Public Services Committee, Jim Runestad, Vice-Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE – 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice – Office of Justice Programs has awarded Oakland County, along with 2 local jurisdictions, grant funding in the amount of $281,129 for the period of October 1, 2009 through September 30, 2013; and WHEREAS Oakland County’s share of the $281,129 is $46,644 and the remaining $234,485 is distributed among the 2 local jurisdictions based on a Federal allocation of $145,732 to the City of Pontiac, and $88,753 to the City of Southfield, with no grant match required; and WHEREAS Oakland County projects under this award include a surveillance camera upgrade project for Children’s Village and equipment acquisition for the Sheriff’s Office, and Circuit Court; and WHEREAS under an Intergovernmental Agreement between Oakland County and the City of Pontiac, and the City of Southfield as authorized by Miscellaneous Resolution #09193, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Agreement in the amount of $281,129 which includes Oakland County’s share of $46,644 allocated to the following three departments: Children’s Village $12,000 Circuit Court $4,860 and the Sheriff’s Office $29,784. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement and that the Chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED the continuation of this program is contingent upon future levels of grant program funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign off – Sheriff’s Office, Circuit Court and Children’s Village, Letter from James H. Burch II, Acting Director, Department of Justice, Letter from Michael L. Alston, Director, Department of Justice, Grant, Project Narrative-Attachment 1, and Project Budget-Attachment 2 on file in County’s Clerk’s office . FISCAL NOTE (MISC. #10235) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTI-DEPARTMENTAL: SHERIFF’S OFFICE, CIRCUIT COURT, AND CHILDREN’S VILLAGE – 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. September 23, 2010 998 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice has awarded Oakland County, the City of Southfield and the City of Pontiac total grant funding in the amount of $281,129. 2. Oakland County’s share of the award is $46,644, of which the Sheriff’s Office will receive $29,784, Children’s Village $12,000, and Circuit Court $4,860 for the purchase of law enforcement equipment, a surveillance camera upgrade project, and other electronic expendable equipment. 3. The remaining grant award of $234,485 is allocated to the City of Pontiac in the amount of $145,732 and to the City of Southfield in the amount of $88,753, pursuant to the Inter-local Agreement approved by Miscellaneous Resolution #09193. 4. The grant funding period is October 1, 2009 through September 30, 2013. 5. No County match or positions are required. 6. The Fiscal Year 2010 Special Revenue Budget is amended as follows to reflect the grant award and operating expenses: LOCAL LAW ENFORCEMENT BLOCK GRANT FUND #27375 FY 2010 Revenues 1020601-110030-610313-40420 M&B–Grants–Federal $145,732 1020601-112670-610313-40460 M&B–Grants–Federal 88,753 4030501-116230-610313 Sheriff/Emerg Prep & Trng-Grants-Fed 29,784 3010101-121100-610313 Circuit Court-Grants-Federal 4,860 1060501-131010-610313 Children’s Village-Grants-Federal 12,000 Total Grant Fund Revenues $281,129 GRANT FUND #27375 Expenses 1020601-110030-731465-40420 M&B/City of Pontiac – Program $ 145,732 1020601-112670-750170-40460 M&B/City of Southfield – Equip 12,640 1020601-112670-750154-40460 M&B/City of Southfield – Equip 76,113 4030501-116230-750567 Sheriff/Emg. Prep. Trng – Train. Ed. Supplies 29,784 3010101-121100-750154 Circuit Court – tOther Exp. Equip 2,860 3010101-121100-750170 Circuit Court – Other Exp. Equip 2,000 1060501-131010-750154 Children’s Village – Other Exp. Equip 3,200 1060501-131010-750170 Children’s Village – Other Exp. Equip 2,800 1060501-131010-760157 Children’s Village – Other Exp. Equip 6,000 Total Grant Fund Expenses $ 281,129 FINANCE COMMITTEE (The vote for this motion appears on page 998.) Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (24) 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). MISCELLANEOUS RESOLUTION #10220 BY: Commissioner Thomas F. Middleton, District #4 IN RE: WATER RESOURCES COMMISSIONER – REQUEST FOR $125,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR ADMINISTRATION, DESIGN AND CONSTRUCTION OF THE LOWER PETTIBONE LAKE SANITARY DRAIN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. September 23, 2010 999 WHEREAS Lower Pettibone Lake is an inland lake located in the Charter Township of Highland, County of Oakland, State of Michigan; and WHEREAS residents living on Lower Pettibone Lake are currently served by individual septic systems that are in various stages of disrepair posing potential health and environmental concerns affecting the water quality of Lower Pettibone Lake; and WHEREAS residents living on Lower Pettibone Lake have filed an application and petition with the Oakland County Water Resources Commissioner to proceed with the establishment, design, construction of a new drain designated as the Lower Pettibone Lake Sanitary Drain that would provide collection and disposal of domestic sewage from properties within the proposed Lower Pettibone Lake Sanitary Drain Drainage District (“Drainage District”); and WHEREAS the Water Resources Commissioner has prepared an estimated cost that includes the administration, legal proceedings, design and construction of the sewage collection system (“Project”) in the amount of $750,000 attached hereto as Exhibit A; and WHEREAS the proposed Drainage District intends to issue a series of Bonds pursuant to Section 275 through Section 280 of the Drain Code (MCL 280.275 through 280.280) to finance costs of the Project in anticipation of the collection of special assessments against properties within the drainage district in accordance with the applicable provisions of the Drain Code of 1956, as amended (MCL 280.1 et seq.), and pledge the full faith and credit of the Drainage District for the prompt payment of the principal thereof and the interest thereon; and WHEREAS pursuant to Miscellaneous Resolution #02019, adopted February 21, 2002, established a Long Term Revolving Fund to assist in the financing of water and sewer projects; and WHEREAS Miscellaneous Resolution #02019 authorized loans up to $150,000; and WHEREAS in order to pay for the initial costs associated with administration and design of the Project, the proposed drainage district requests a loan from the Long Term Revolving Fund in the amount of $125,000 with the understanding that the proposed drainage district agrees to pay back to the County upon the issuance of bonds and or upon collection of assessments against properties within the proposed Drainage District. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The County Board of Commissioners hereby authorizes loan not to exceed $125,000 from the County’s Long Term Revolving Fund to the proposed Lower Pettibone Lake Sanitary Drain Drainage District with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the administration, legal proceedings and construction of the Project. 2. The loan shall be applied to interim costs for administration and design of the Project. 3. The loan with applicable interest shall be paid in full upon the issuance of bonds for the Project. In the event, bonds are not issued, then the amount of loan shall be assessed in five (5) annual installments against the properties within the Drainage District beginning with 2011 tax year. 4. The proceeds of the loan shall not be disbursed to the drainage district until and only after all proceedings for establishing the drain and special assessment district as provided in the Drain Code of 1956, as amended (MCL 280.1 et seq.) have been completed and the time for contesting the validity of said proceedings has passed. Disbursal of said funds will occur when the Water Resources Commissioner provides notice to County Treasurer and County Fiscal Services that all necessary drainage proceedings have been completed. Chairperson, I move the adoption of the foregoing resolution. THOMAS MIDDLETON FISCAL NOTE (MISC. #10220) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER – REQUEST FOR $125,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR ADMINISTRATION, DESIGN AND CONSTRUCTION OF THE LOWER PETTIBONE LAKE SANITARY DRAIN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. September 23, 2010 1000 1. The resolution authorizes a loan from the Long-Term Revolving Fund for an amount not to exceed $125,000 for the Lower Pettibone Lake Sanitary Drain; a recently petitioned Drainage District. 2. Miscellaneous Resolution #02019 authorized that monies be made available for loans for water and sewer projects up to $150,000 for each project requested. 3. The total project is currently estimated at $750,000 but a loan of $125,000 is being requested to cover interim costs for administration and design of the Project. 4. The loan will be paid in full upon the issuance of bonds for the project. In the event that bonds are not issued, the loan will be paid back from a five (5) year assessment against the properties within the Drainage District beginning with the 2011 tax year. 5. Miscellaneous Resolution #89276 states that an interest rate no less than the prevailing six- month Treasury Bill rate should be charged. The six-month Treasury Bill rate is currently lower than the average interest rate from the Treasurer’s pooled investments and therefore the rate to be charged will be the last published Treasurer’s pooled investment average monthly rate as of August 2010 of 1.443%. 6. Funding is currently available in the Long-Term Revolving Fund to issue a loan for an amount not to exceed $125,000 for Lower Pettibone Lake Sanitary Drain project. 7. Management and Budget will not disburse funds until all proceedings for establishing the drain and special assessment district as provided in the Drain Code of 1956, as amended (MCL 280.1 et seq), have been completed and the time for contesting the validity of said proceedings has passed. 8. No budget amendment is required. FINANCE COMMITTEE Moved by Middleton supported by Long the resolution (with fiscal note attached) be adopted. AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns. (23) NAYS: None. (0) ABSTAIN: Bullard. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10222 BY: Commissioner Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COOLEY LAKE ROAD – PROJECT NO. 50171 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and Commissioners Minutes Continued. September 23, 2010 1001 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Commerce, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of Commerce and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Commerce has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Commerce is $2,075. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Commerce. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of Correspondence from Patricia Z. Wierzbicki, Road Commission for Oakland County, and Cost Participation Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10222) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COOLEY LAKE ROAD – PROJECT NO. 50171 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive. 4. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri-Party 2010 funding (account #371510) for the balance of the above mentioned project. 5. The FY 2010 budget be amended as follows: Commissioners Minutes Continued. September 23, 2010 1002 General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $4,150 $2,075 Total Revenues $4,150 $2,075 Expenditures 10100-9010101-153010-740135 Tri-Party $4,150 $2,075 Total Expenditures $4,150 $2,075 Moved by Middleton supported by Long the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Long the fiscal note be amended to coincide with the recommendation by the Finance Committee as follows: 2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive. 5. The FY 2010 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $4,150 $2,075 Total Revenues $4,150 $2,075 Expenditures 10100-9010101-153010-740135 Tri-Party $4,150 $2,075 Total Expenditures $4,150 $2,075 FINANCE COMMITTEE A sufficient majority having voted in favor, the amendment carried. Vote on resolution: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #10224 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE COOLEY LAKE ROAD – PROJECT NO. 50171 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and Commissioners Minutes Continued. September 23, 2010 1003 WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of White Lake, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of White Lake and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of White Lake has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Charter Township of White Lake is $ 2,075. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of White Lake as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of White Lake. Chairperson, I move the adoption of the foregoing resolution. JIM RUNESTAD Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of Board for the Road Commission for Oakland County and Cost Participation Agreement on file in County’s Clerk’s office. FISCAL NOTE (MISC. #10224) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE COOLEY LAKE ROAD – PROJECT NO. 50171 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). Commissioners Minutes Continued. September 23, 2010 1004 3. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive. 4. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri-Party 2010 funding (account #371510) for the balance of the above mentioned project. 5. The FY 2010 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $4,150 $2,075 Total Revenues $4,150 $2,075 Expenditures 10100-9010101-153010-740135 Tri-Party $4,150 $2,075 Total Expenditures $4,150 $2,075 FINANCE COMMITTEE Moved by Middleton supported by Runestad the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Runestad the fiscal note be amended to coincide with the recommendation by the Finance Committee as follows: 2. Unused Tri-Party funding of $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $2,075 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50171 preliminary engineering for the gravel road paving of Cooley Lake Road from Rippleway to Havenwood Drive. 5. The FY 2010 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $4,150 $2,075 Total Revenues $4,150 $2,075 Expenditures 10100-9010101-153010-740135 Tri-Party $4,150 $2,075 Total Expenditures $4,150 $2,075 A sufficient majority having voted in favor, the amendment carried. Vote on resolution: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #10236 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – RENEWAL OF THE INTER- GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. September 23, 2010 1005 WHEREAS the Oakland County Health Division, Office of Substance Abuse Services, coordinates substance abuse services in Oakland County under a contract with the Michigan Department of Community Health (MDCH); and WHEREAS MDCH and the Oakland County Community Mental Health Authority (OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients; and WHEREAS an Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority was negotiated for the Health Division by Corporation Counsel and the Department of Human Services; and WHEREAS the Oakland County Health Division has been providing substance abuse services to Medicaid recipients and is willing to continue this service subject to the terms and conditions outlined in the ongoing inter-governmental agreement; and WHEREAS Oakland County Health Division, as the designated Coordinating Agency for Oakland County, continues to have the capacity to administer Medicaid funds and to deliver services through a treatment network of substance abuse providers; and WHEREAS the Oakland County Corporation Counsel has developed the attached Intergovernmental Contract which facilitates this transaction; and WHEREAS the Inter-Governmental Agreement is effective upon approval and will remain in effect until terminated by either of the parties; and WHEREAS the Contract calls for OCCMHA to pay to Oakland County $2,200,000 annually for Specialty Substance Abuse Medicaid Services for Fiscal Years 2010 and 2011 and up to $125,000 and $300,000 annually for Fiscal Years 2010 and 2011 respectively for Substance Abuse Adult Benefit Waiver; and WHEREAS acceptance of these funds does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority. BE IT FURTHER RESOLVED that services associated with this contract be contingent upon continued funding at a level sufficient to maintain the services. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement and approve changes and extensions not to exceed fifteen percent (15%) which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Interlocal Agreement between Oakland County and the Oakland County Community Mental Health Authority Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10237 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE, FY 2010-2012 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan Law requires the Waterford School District to provide educational services to the youth who reside at Children’s Village because Children’s Village is located within the legal boundaries of the Waterford School District; and WHEREAS providing a quality education for residents of Children’s Village is an essential component of the Children’s Village treatment program; and WHEREAS Oakland County and the Waterford School District have contracted to ensure a quality education through the provision of educational and administrative staff by the District, partially reimbursed by the County; and WHEREAS the majority of the Waterford School District’s revenue support for Children’s Village School comes from State Aid; and Commissioners Minutes Continued. September 23, 2010 1006 WHEREAS representatives of the County and the Waterford School District have reached agreement as to staffing requirements, contract language, and estimates of revenues and expenditures as detailed in attachments; and WHEREAS in order to maintain a quality level of education the negotiated agreement is proposed for three (3) school years beginning July 1, 2010, and ending June 30, 2013, with annual budget negotiations to begin no later than February 28 of each year; and WHEREAS the funding for this agreement is subject to the County Board of Commissioners’ budget process; and WHEREAS this agreement is included in the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the Waterford School District and that the Chairperson of the Board is authorized to sign said agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Oakland County Agreement between Oakland County and the Waterford School District Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human Resources Committee. Commissioner Scott set a Public Hearing for October 6, 2010 at 7:10 p.m. – Planning and Economic Development Services Division – Resolution Approving Project Plan (Trynex, Inc. Project) – City of Madison Heights. MISCELLANEOUS RESOLUTION #10238 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER- 2010 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Part 307 of Act 451 of 1994, as amended, Inland Lake Levels, the Oakland County Water Resources Commissioner operates and maintains 35 lake level control devices/structures and 7 lake augmentation pumps that regulate the legally established water level of 53 lakes located within Oakland County; and WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and WHEREAS Section 30722(4) of Act No. 59 requires that the Water Resources Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually; and WHEREAS for the year 2010, the Water Resources Commissioner proposes to assess 28 separate Lake Level Districts for the total aggregate amount of $354,825.91 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 15 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring the Board of Commissioners’ authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2010, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $354,825.91, being the sum total of all assessments for the said year to be assessed against all of the befitting properties and government entities comprising the assessment rolls of 28 separate Lake Level Districts itemized on the listing hereto, including 15 assessments in excess of $10,000.00. Commissioners Minutes Continued. September 23, 2010 1007 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 2010 Lake Level Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #10238) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2010 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $354,825.91 for the year 2010 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 28 lake levels located within Oakland County. 2. Oakland County’s share of the assessments for operations and maintenance of lake levels is $3,607.40, which includes $3,042.93 for roads at large and $564.47 for properties. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 21, 2010, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #10239 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2010 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Water Resources Commissioner to levy assessments against the Drainage District of drains established in accordance with said Chapter 4, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2010, the Water Resources Commissioner proposes to assess the 25 Drainage districts the total aggregate amount of $128,750.00 for the maintenance, operation, clean out and repair of 25 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2010, for the purpose of operating, maintaining, cleaning out and repairing 25 drains located in Oakland County, the total aggregate amount of $128,750.00, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 25 Drainage Districts itemized on the listing attached hereto. Commissioners Minutes Continued. September 23, 2010 1008 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #10239) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2010 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $128,750.00 for the year 2010 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 25 Chapter 4 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $6,561.75, which includes $6,507.15 for roads at large and $54.60 for properties. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 21, 2010, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #10240 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2010 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner operates and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West Bloomfield Townships; and WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the Michigan Drain Code shall be the same as if originally laid out and designated, located, established and constructed by procedures set forth in other sections of the Michigan Drain Code; and WHEREAS the Water Resources Commissioner incurs costs for the operation and maintenance of these Drains that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 18 of the said Drain Code permits the Water Resources Commissioner to levy assessments against Drainage District of Drains established in accordance with said Chapter 18, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2010, the Water Resources Commissioner proposes to assess the 18 Drainage Districts the total aggregate amount of $56,250.00 for the maintenance, operation, cleanout and repair of 18 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2010, for the purpose of operating, maintaining, cleaning out and repairing 18 drains located in Oakland County, the total aggregate amount of $56,250.00, being the sum total of assessments for the said year to be Commissioners Minutes Continued. September 23, 2010 1009 assessed against all of the benefiting properties and government entities comprising the assessment rolls of 18 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 2010 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #10240) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2010 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $56,250.00 for the year 2010 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 18 Chapter 18 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $8,625.46 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 21, 2010, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #10241 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - REQUEST FOR ADDITIONAL $33,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE BUSH LAKE LEVEL CONTROL STRUCTURE AND APPROVAL OF THE ASSESSMENT ROLL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Bush Lake is an inland lake located in the Charter Township of Holly and the Village of Holly, County of Oakland, State of Michigan; and WHEREAS pursuant to Miscellaneous Resolution no. 04159 the Board of Commissioners authorized and appointed the Water Resources Commissioner to initiate legal action in the Circuit Court to establish a normal level for Bush Lake; and WHEREAS on July 14, 2006, the Circuit Court established the normal lake level for Bush Lake pursuant to the provisions of Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act (NREPA), MCLA 324.30701 et seq. (“Part 307”); and WHEREAS said court order confirmed the boundaries of the special assessment district for Bush Lake; and WHEREAS the Office of the Water Resources Commissioner, as the delegated authority, inspected the lake level control structure utilized to maintain the normal level for Bush Lake and has determined that the public health, safety and welfare of the property owners and residents of Holly Township and the Village of Holly require the replacement of the structure; and WHEREAS the delegated authority obtained bids and prepared a budget that includes costs for the administration, legal proceedings and replacement of the dam in the amount of $300,000 attached hereto as Exhibit A; and WHEREAS pursuant to Part 307, Section 30711 provides that the County Board of Commissioners may determine that the whole or part of the cost of a project shall be defrayed by special assessments against Commissioners Minutes Continued. September 23, 2010 1010 the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality; and WHEREAS pursuant to Part 307, Section 30715, the County Board of Commissioners may also provide that the special assessments on properties benefited may be made in installments; and WHEREAS Miscellaneous Resolution no. 02019, adopted February 21, 2002, established a Long Term Revolving Fund to assist in the financing of water and sewer projects that do not require the issuance of bonds; and WHEREAS Miscellaneous Resolution no. 02019 authorized loans up to $150,000 and an exception is being requested to authorize a loan to the Bush Lake Special Assessment District in an amount not to exceed $300,000; and WHEREAS pursuant to Miscellaneous Resolution no. 10080 approved on May 5, 2010 the County Board of Commissioners authorized a loan not to exceed $267,000 that was based on the estimated cost for the project; and WHEREAS the bids for the project came in higher than anticipated and therefore, an additional $33,000 is necessary to move forward and complete the project; and WHEREAS following public notice a public hearing was held on May 19, 2010 with respect to the project cost and special assessment roll in accordance with part 307. NOW THEREFORE BE IT RESOLVED by The Board of Commissioners of The County of Oakland, Michigan, as follows: 1. The County Board of Commissioners hereby authorizes an additional $33,000 to the loan previously approved pursuant to Miscellaneous Resolution No. 10080. Said loan shall not exceed $300,000 from the County’s Long Term Revolving Fund to the Bush Lake Special Assessment District with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the administration, legal proceedings and construction of the Bush Lake level control structure (“Bush Lake Level Dam Project”). 2. All costs of the Bush Lake Level Dam Project shall be defrayed by special assessments against the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality. 3. The delegated authority is authorized to apply the special assessment on benefited lands in ten (10) annual installments. 4. The attached special assessment roll is hereby approved in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.30701 et seq.). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Bush Lake Dam Estimate of Cost on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10242 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL OF DECLARATION OF CHARITABLE GIFT AGREEMENT WITH WETLANDS AMERICA TRUST, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Wetlands America Trust, Inc. (“WAT”) and the County of Oakland (“County”) willingly choose to enter into this declaration to facilitate the County’s acceptance of WAT’s donation of property located in Oakland County, Michigan known as the Eisele Parcel (hereinafter “Property”) as specifically described in Exhibit A of the Declaration of Charitable Gift and hereby made a part of this Agreement; and Commissioners Minutes Continued. September 23, 2010 1011 WHEREAS WAT is a supporting organization of Ducks Unlimited, Inc. which holds most real estate interests on behalf of Ducks Unlimited, Inc.; and WHEREAS WAT owns the Property located in Independence Township, Oakland County, Michigan and this Property is adjacent to the Independence Oaks County Park; and WHEREAS the County’s acquisition of the Property will increase the size of Independence Oaks County Park; and WHEREAS the acquisition of the Property will provide for access to wetland habitat at Independence Oaks County Park allowing for stewardship and maintenance opportunities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve and accept the attached Declaration of Charitable Gift between the County of Oakland and Wetlands America Trust, Inc. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or his designee to execute the attached Declaration of Charitable Gift between the County of Oakland and Wetlands America Trust, Inc. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Decleration of Charitable Gift on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10243 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL OF ACQUISITION FUNDING AGREEMENT WITH DUCKS UNLIMITED FOR UPPER BUSHMAN ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Ducks Unlimited and the County of Oakland willingly choose to enter into this Agreement to facilitate the County’s acquisition of properties located in Oakland County, Michigan known as the Upper Bushman Tract and the Eisele Parcel (hereinafter “Sites”) as specifically described in Exhibit A and hereby made a part of this Agreement; and WHEREAS the acquisition of the Sites has also been undertaken to substantially increase the size of Independence Oaks County Park; and WHEREAS Wetlands America Trust, Inc. (WAT) owns the Eisele Parcel located in Independence Township, Oakland County, Michigan and this property is adjacent to the Independence Oaks County Park; and WHEREAS the acquisition of the Eisele Parcel by the County from WAT will be accomplished via a separate “Declaration of Charitable Gift” agreement; and WHEREAS the parties desire to work together to further the goals and purposes of the project as well as the mission and purpose of each respective organization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve and accept the terms and conditions of the attached Funding Agreement between the County of Oakland and Ducks Unlimited. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute said Acquisition Funding Agreement between the County of Oakland and Ducks Unlimited. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Upper Bushman Cash Donation and Eisele Parcel Donation and Acquisition Funding agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 23, 2010 1012 MISCELLANEOUS RESOLUTION #10244 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KRISTY OTTMAN LEAHY, INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a one-story one bedroom house identified as 5511 Oakhill Road is located on the grounds of Independence Oaks County Park; and WHEREAS it is the desire of the Parks and Recreation Commission to lease said house located at 5511 Oakhill Road to Kristy Ottman Leahy, for a period of one year commencing September 15, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Kristy Ottman Leahy will pay rent in the amount as follows: September 15, 2010 – September 14, 2011 $700.00 each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Kristy Ottman Leahy. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Kristy Ottman Leahy, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Residential Lease Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Runestad stated there were no items to report on the Regular Agenda for the Public Services Committee. MISCELLANEOUS RESOLUTION #10245 BY: Jim Nash, Commissioner, District #15; Shelley Goodman Taub, District #16; Steven Schwartz, District #14; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS/WATER RESOURCES COMMISSIONER - RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE PROJECT EXPENDITURES FROM BOND PROCEEDS AND AUTHORIZING NOTICE OF INTENT TO ISSUE BONDS FOR EVERGREEN- FARMINGTON SEWAGE DISPOSAL SYSTEM IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") is in urgent need of sewage disposal facilities constituting a part of the Evergreen-Farmington Sewage Disposal System (the "System") as described in the notice hereinafter set forth in this resolution (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents served by the System, which sewage disposal facilities also would benefit the County and its residents, and such facilities can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and Commissioners Minutes Continued. September 23, 2010 1013 WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its tax credit or tax exempt bonds to finance the cost of the acquisition and construction of the Project, which bonds will be secured by revenues of the System and the County's full faith and credit pledge; and WHEREAS it is anticipated that the County will advance all or a portion of the costs of the Project prior to the issuance of the bonds, such advance to be repaid from proceeds of the bonds upon the issuance thereof; and WHEREAS Section 1.150-2 of the Treasury Regulations on Income Tax ( the "Reimbursement Regulations") specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the County intends by this resolution to qualify amounts advanced by the County to the Project for reimbursement from proceeds of the bonds in accordance with the requirements of the Reimbursement Regulations. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. DECLARATION OF INTENT TO REIMBURSE PROJECT EXPENDITURES. The County hereby declares its official intent to issue its limited tax general obligation bonds in one or more series in the aggregate principal amount of not to exceed $7,000,000 to finance all or part of the cost of the Project. The County hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution. The bonds shall be authorized by proper proceedings subsequent to this resolution. 2. NOTICE OF INTENT TO ISSUE BONDS The County Clerk is hereby instructed to publish the following notice once in a newspaper of general circulation in the County of Oakland, which notice shall not be less than ¼ page in size in such newspaper, to wit: NOTICE OF INTENT TO ISSUE BONDS BY THE COUNTY OF OAKLAND, MICHIGAN NOTICE IS HEREBY GIVEN, that the County of Oakland, Michigan, intends to issue bonds in one or more series in the aggregate principal amount of not to exceed $7,000,000 for the purpose of defraying all or part of the cost of acquiring, constructing and installing sewage disposal facilities consisting of (i) the replacement of sanitary sewers and manholes and related appurtenances on Middlebelt Road south of 13 Mile Road in the City of Farmington Hills, (ii) the rehabilitation of approximately 1,700 feet of CIPP-36" sanitary sewer on Middlebelt Road south of 13 Mile Road, and (iii) the acquisition, construction and installation of approximately 6,500 feet of sanitary sewer/force main and a 24 CFS pump station on Middlebelt Road from south of 13 Mile Road to north of I-696, which facilities are designated as the "Evergreen-Farmington Sewage Disposal Systems 2010 Improvements," to serve the users of the Evergreen-Farmington Sewage Disposal System (the "System") and the residents of the County of Oakland. The bonds will bear interest from their date at a rate or rates not exceeding 8% per annum. The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts of Michigan, 2001, as amended, and the full faith and credit of the County of Oakland will be pledged to pay the principal of and interest on the bonds as the same shall become due. It is expected that the principal of and interest on the bonds will be paid from revenues of the System. In addition, the County of Oakland will be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay the principal of and interest on the bonds as the same shall become due. Taxes levied by the County of Oakland for the payment of such principal and interest will be subject to applicable constitutional and statutory limitations. RIGHT TO PETITION FOR REFERENDUM This notice is given, by order of the Board of Commissioners of the County of Oakland, to and for the benefit of the electors of the County of Oakland in order to inform them of their right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The bonds will be issued, without submitting such a question to a vote of the electors, unless within 45 days after the date of publication of this notice a petition requesting a referendum upon such question, signed by not less than 10% or 15,000 of the registered electors residing within the County of Oakland, whichever is the lesser, shall have been filed with the undersigned County Clerk. In the event that such a petition is filed, the bonds will not be issued unless and until the issuance thereof shall have been approved by the vote of a majority of the electors of the County of Oakland qualified to vote and voting thereon at a general or special election. Commissioners Minutes Continued. September 23, 2010 1014 FURTHER INFORMATION Further information relative to the issuance of said bonds and the subject matter of this notice may be secured at the office of the Clerk of the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341. This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended. RUTH A. JOHNSON, Clerk County of Oakland 3. CONFLICTING RESOLUTIONS All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, SHELLEY GOODMAN TAUB, MARCIA GERSHENSON Moved by Nash supported by Taub to suspend the rules and vote on Miscellaneous Resolution #10245 – Board of Commissioners – Resolution Declaring Official Intent to Reimburse Project Expenditures from Bond Proceeds and Authorizing Notice of Intent to Issue Bonds for Evergreen-Farmington Sewage Disposal System Improvements. Vote on motion to suspend the rules: AYES: Douglas, Gershenson, Gingell, Gosselin, Gremiel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10245 - Board of Commissioners – Resolution Declaring Official Intent to Reimburse Project Expenditures from Bond Proceeds and Authorizing Notice of Intent to Issue Bonds for Evergreen- Farmington Sewage Disposal System Improvements carried. Moved by Nash supported Taub the resolution be adopted. AYES: Gershenson, Gingell, Gosselin, Gremiel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #10202 BY: Commissioner Michael J. Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF LYON; 8 MILE ROAD – PROJECT NO. 49781 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Commissioners Minutes Continued. September 23, 2010 1015 Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Lyon, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of Lyon and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Lyon has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Lyon is $61,345. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Lyon as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Lyon. Chairperson, I move the adoption of the foregoing resolution. MICHAEL GINGELL Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission and Cost Participation Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10202) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CHARTER TOWNSHIP OF LYON; 8 MILE ROAD – PROJECT NO. 49781 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $102,299 $61,345 is available in the General Fund Designated Fund Balance for Tri- Party 2010 and prior funding (account #371510) for project #49781 paving of 8 Mile Road from Dixboro Road to Pontiac Trail. 3. The FY 2010 budget be amended as follows: Commissioners Minutes Continued. September 23, 2010 1016 General Fund # 10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $102,300 61,345 Total Revenues $102,300 61,345 Expenditures 10100-9010101-153010-740135 Tri-Party $102,300 61,345 Total Expenditures $102,300 61,345 FINANCE COMMITTEE Moved by Middleton supported by Gosselin to amend the previously adopted Miscellaneous Resolution #10202 to correct the fiscal note to reflect the correct funding appropriation of $61,345. AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to amend the previously adopted Miscellaneous Resolution #10202 to correct the fiscal note to reflect the correct funding appropriation of $61,345 carried. MISCELLANEOUS RESOLUTION #10203 BY: Commissioner Michael J. Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF SOUTH LYON 8 MILE ROAD – PROJECT NO. 49781 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the City of South Lyon, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project for the City of South Lyon and said appropriation has been transferred to a specific project account; and Commissioners Minutes Continued. September 23, 2010 1017 WHEREAS the City of South Lyon has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the City of South Lyon is $40,955. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of South Lyon as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of South Lyon. Chairperson, I move the adoption of the foregoing resolution. MICHAEL GINGELL FISCAL NOTE (MISC. #10203) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY SOUTH LYON – 8 MILE ROAD – PROJECT NO. 49781 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2009, the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $102,300 $40,955 is available in the General Fund Designated Fund Balance for Tri- Party 2010 and prior funding (account #371510) for project #49781 paving of 8 Mile Road from Dixboro Road to Pontiac Trail. 3. The FY 2010 budget be amended as follows: General Fund #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $102,300 $40,955 Total Revenues $102,300 $40,955 Expenditures 10100-9010101-153010-740135 Tri-Party $102,300 $40,955 Total Expenditures $102,300 $40,955 FINANCE COMMITTEE Moved by Middleton supported by Gosselin to amend the previously adopted Miscellaneous Resolution #10203 to correct the fiscal note to reflect the correct funding appropriation of $40,955. AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to amend the previously adopted Miscellaneous Resolution #10203 to correct the fiscal note to reflect the correct funding appropriation of $40,955 carried. MISCELLANEOUS RESOLUTION # 10246 BY: Commissioner David Woodward, District #18; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS - INCORPORATING "BUY OAKLAND FIRST" POLICY IN PURCHASING PROCEDURES To the Oakland County Board of Commissioners Commissioners Minutes Continued. September 23, 2010 1018 Chairperson, Ladies and Gentlemen: WHEREAS a commitment to reinvesting in our local economy is an essential element to the ongoing stability and growth of local businesses based in Oakland County and the State of Michigan; and WHEREAS in 1992, with the adoption of Miscellaneous Resolution #92057, entitled Made in the USA, the Oakland County Board of Commissioners affirmed "that it was in the best interest of the United States and the County of Oakland to promote the purchase and use of goods and services manufactured and/or originating in the United States; and WHEREAS MR #92057 is incorporated into Section 2400.1 of the Oakland County Purchasing Policies and Procedures - providing that when Oakland County makes a purchase of $10,000 or more, the County of Oakland shall give preference to products manufactured in the United States when they are available at competitive prices and are of equal, superior, or similar quality; and WHEREAS small business enterprises and county-based enterprises employ or are more likely to employ younger workers, who represent the largest segment of the unemployed population; and WHEREAS Oakland County has a compelling public interest in ensuring that there are as many job opportunities available to residents of the county as possible; and WHEREAS Oakland County has a compelling interest in economically strengthening county-based enterprises and reducing unemployment among residents of the county; and WHEREAS the cost of living in Oakland County is 22% higher than the national average. Combined with higher taxes, this makes living and conducting business in Oakland County and Michigan comparatively costly; and WHEREAS offering incentives to retain and attract local businesses is necessary, especially in light of the current economic downturn being experienced in the State of Michigan; and WHEREAS the Emerging Sectors strategy, wherein County Executive L. Brooks Patterson travels internationally, seeks to diversify the economy in Oakland County by attracting new companies and attracting a highly skilled workforce to help retain existing businesses in Oakland County. WHEREAS economically strengthening small and county-based enterprises would improve the region's economy and aid in the reduction of the rate of unemployment experienced by persons residing in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby affirms that Oakland County has a responsibility to create and maintain job opportunities for residents of the county and to ensure that county-based and Michigan-based enterprises have a reasonable share of the contracts awarded by Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a purchasing preference policy for products manufactured locally and services provided by businesses based in the County of Oakland, the State of Michigan and/or the United States. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the County of Oakland shall be deemed reasonable and competitive if they are five (5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the County of Oakland. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the State of Michigan shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the State of Michigan. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the United States shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the United States. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, TIM GREIMEL, TIM BURNS, JANET JACKSON, ERIC COLEMAN, MATTIE HATCHETT, HELAINE ZACK, JIM NASH, DAVID COUTER, GARY McGILLIVRAY Moved by Woodward supported by Coulter to suspend the rules and vote on Miscellaneous Resolution #10246 – Board of Commissioners – Incorporating “Buy Oakland First” Policy in Purchasing Procedures. Commissioners Minutes Continued. September 23, 2010 1019 Vote on motion to suspend the rules: AYES: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Taub, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson. (14) NAYS: Jacobsen, Long, Middleton, Potts, Runestad, Scott, Bullard, Douglas, Gingell, Gosselin. (10) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10246 – Board of Commissioners - Incorporating “Buy Oakland First” Policy in Purchasing Procedures carried. Moved by Woodward supported by Coulter the resolution be adopted. Discussion followed. Vote on resolution: AYES: Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel. (13) NAYS: Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin. (11) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #10247 BY: Helaine Zack, District #22; and Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS A RESOLUTION ENCOURAGING SUPPORT AND UTILIZATION OF FEDERALLY FUNDED SCHOOL BREAKFAST PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners encourages the support and utilization of federally-funded school breakfast programs in Oakland County; and WHEREAS Oakland County lost over thirteen percent of its jobs the second-largest decrease in the nation; ten percent of its families with children under eighteen are in poverty; and over seven percent of its households received food stamp benefits within the last twelve months; and WHEREAS there are 57,888 Oakland County school children eligible for the School Lunch Program and only 15,828 are participating in the School Breakfast Program. That is a gap of 40,060 school age children who are not receiving breakfast at school. 20 of the 21 school districts in Oakland County have 20 percent or more of their students eligible and must participate in the School Breakfast Program.; and WHEREAS school nutrition programs including the School Breakfast Program are the most powerful tools we have to fight childhood hunger. Hungry children are more likely to be hyperactive, tardy, absent or have to repeat a grade. Hungry children cannot concentrate and perform the tasks they need in order to learn. They have lower math scores. Recent research has shown that in addition to having a detrimental affect on the cognitive development of children, under-nutrition results in lost knowledge, brainpower and productivity; and WHEREAS the School Breakfast Program provides our children with the fuel they need to learn and develop and provides a healthy start to their day. It is imperative that Oakland County school children also be fed breakfast at school along with lunch. NOW THEREFORE BE IT RESOLVED by the board of commissioners speaking for and on behalf of all county citizens as follows: THAT BY THESE PRESENTS, THE OAKLAND COUNTY BOARD OF COMMISSIONERS supports the utilization of federally-funded school breakfast programs. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this resolution will be transmitted to the appropriate people. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, JANET JACKSON, JIM NASH, GARY McGILLIVRAY, MARCIA GERSHENSON, TIM GREIMEL, DAVID COULTER, TIM BURNS Commissioners Minutes Continued. September 23, 2010 1020 Moved by Zack supported by Jackson to suspend the rules and vote on Miscellaneous Resolution #10247 – Board of Commissioners – A Resolution Encouraging Support and Utilization of Federally Funded School Breakfast Programs. Vote on motion to suspend the rules: AYES: Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett. (13) NAYS: Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin. (11) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10247 – Board of Commissioners – A Resolution Encouraging Support and Utilization of Federally Funded School Breakfast Programs carried. Moved by Zack supported by Jackson the resolution be adopted. Discussion followed. Moved by Douglas supported by Jacobsen the resolution be referred to the General Government Committee. Discussion followed. Vote on referral to the General Government Committee: AYES: Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin. (12) NAYS: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (12) A sufficient majority not having voted in favor, the resolution was not referred to the General Government Committee. Discussion followed. Vote on resolution: AYES: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (12) NAYS: Long, Middleton, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen. (12) A sufficient majority not having voted in favor, the resolution was not adopted. REPORT (MISC. #10248) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2011 SALARY RECOMMENDATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee recommends the following actions: 1. Decrease the current salary ranges for salary grades 1 - 21 by 1.5% effective September 25, 2010. This date is the beginning of the first pay period for fiscal year 2011. 2. Decrease all remaining classifications not represented by bargaining units by 1.5% effective September 25, 2010 including County Executive, appointed officials, classes designated as exceptions to salary grades 1 - 21, part-time and hourly classes, students, and summer and seasonal classes but excluding: a. Circuit, Probate and District Court Judges which are currently at the maximum rate allowed; and Commissioners Minutes Continued. September 23, 2010 1021 b. Appointed Board and Commission members; and c. Commissioners addressed by Miscellaneous Resolution #10025; and d. The County Clerk/Register of Deeds, the Water Resources Commissioner, the Sheriff, the County Treasurer, the Prosecuting Attorney and the Assistant Prosecutors. Note: The county-wide elected officials are exempted because 1879 PA 154, MCL 45.421 provides that the annual salary of each salaried county officer shall be fixed by the Board before November 1 each year and shall not be diminished during the term for which the officer has been elected or appointed. Similarly, 1925 PA 329, MCL 49.34 provides that the salaries of assistant prosecuting attorneys shall be fixed by the Board and shall not be diminished during the term for which they were appointed. However, given the economic situation facing the State and County and the reductions proposed herein, in order to maintain and stabilize service levels for Oakland County taxpayers, it is recommended that the Elected Officials and Assistant Prosecuting Attorneys voluntarily donate an amount equivalent to 1.5% of their salary back to the County. 3. Re-title the part-time non-eligible Seasonal Program Specialist I classification to Seasonal Program Specialist with the following hourly salary range: Base 1 Year 2 Year 3 Year 11.3526 12.4326 13.9259 15.6743 4. Change the overtime eligibility for the classification of Administrative Assistant to Elected Officials from Non-Exempt (eligible for overtime) to Exempt (not eligible for overtime). 5. Delete the following classifications from the County’s Salary Schedule. Automation Alley Coordinator Senior Human Resources Analyst Chief-Prosecutor Administration Social Services Board Chairperson Human Resources Information Analyst Social Services Board Member Human Resources Project Supervisor Supervisor Employee Records Seasonal Program Specialist II Supv-Prosecuting Attorney Adm Srvcs Seasonal Program Specialist III Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE COUNTY OF OAKLAND FISCAL YEAR 2011 BUDGETGENERAL APPROPRIATIONS ACT MISCELLANEOUS RESOLUTION #10248 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FISCAL YEAR 2011 GENERAL APPROPRIATIONS ACT AND 2011 COUNTY GENERAL PROPERTY TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973, the Unified Form of County Government Act, and Public Act 621 of 1978 (as amended by P.A. 493 of 2000), the Uniform Budgeting and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of Commissioners to establish and adopt the annual County Budget and work program; and WHEREAS the Finance Committee received budget requests from all County Departments, and has reviewed in detail the County Executive's Fiscal Year 2011 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $761,629,955 for Fiscal Year 2011, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of Oakland on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained; to define the powers and duties of the County's officers in relation to that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with information by the departments, boards, commissions and offices relating to their financial needs, revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to Commissioners Minutes Continued. September 23, 2010 1022 provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution; and WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the total cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as requested by the Court and approved by the Board of Commissioners; and WHEREAS the Board of Commissioners supports the concept of cultural diversity training for Oakland County employees and requires all supervisory, division manager and director level employees to attend cultural diversity training. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt and amend the Fiscal Year 2011 General Appropriations Act recommended by the Finance Committee as advertised and placed in the Clerk's Office for public inspection. BE IT FURTHER RESOLVED that $540,000 of Cigarette Tax Revenue distributed by the State to Oakland County under the authority of the Health and Safety Fund Act, P.A. 264 of 1987, be divided between the Health Division (12/17 or $381,176) and the Sheriff's Department (5/17 or $158,824). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to cover the total costs incurred in Fiscal Year 2011 for the Civil Mediation Program. BE IT FURTHER RESOLVED that the following policy be established regarding administration of the Delinquent Tax Revolving Fund: 1) The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of Public Act 206 of 1893 (as amended) for the purpose of paying local taxing units within the County their respective shares of delinquent ad valorem real property taxes, in anticipation of the collection of those taxes by the County Treasurer. This policy statement, which encompasses the precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the functional intent or operational success of the DTRF as originally established. 2) To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted balance to fall below a level that would assure a prompt payment of all current and future outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of the DTRF as specified in the preceding paragraph. 3) Penalties and investment interest generated by the DTRF may be transferred, in whole or in part, to the General Fund of the County upon majority vote of the Board of Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above. 4) Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment interest, shall be limited to one-time expenditures, as opposed to recurring operations. 5) Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term advances (with specific time frames detailed in the authorizing resolution), to be repaid with interest as specified below. 6) Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest, not considered advances to be repaid within a time certain shall require a two-thirds majority vote of the Board of Commissioners. 7) All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a time certain shall require a majority vote of the Board of Commissioners. 8) Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing resolution, including interest obligations detailed as follows: a. Interest on each payment will be based on the average monthly rate paid during the term of the agreement by the agent of the DTRF for that year's outstanding borrowing, or b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made in accordance with the previously established "Loan of County Funds Policy" (Miscellaneous Resolution #89276) which requires Board approval of repayment terms at an interest rate no less than the prevailing six-month Treasury Bill rate and that such rates shall be computed and compounded quarterly. BE IT FURTHER RESOLVED that $23,150,000 in DTRF interest earnings will be transferred to the General Fund to support General Fund/General Purpose activities. BE IT FURTHER RESOLVED that an indirect cost charges will be billed by the General Fund to the DTRF, in accordance with Oakland County’s approved Central Services Indirect Cost Allocation Plan. Commissioners Minutes Continued. September 23, 2010 1023 BE IT FURTHER RESOLVED that $1,450,000 (or one-half of the $2,900,000 convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans' Services Soldier Relief. BE IT FURTHER RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township of city tax rolls for the year 2011 a County General Property Tax Levy of 4.1900 Mills to be applied to the 2011 Taxable Value of all property located within their respective jurisdictions. BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization Director including the examination of the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value and to make recommendation to that fact to the County Board of Commissioners. BE IT FURTHER RESOLVED that: 1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful and necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed fiscal year and estimated expenditures, or amended budget, for the current fiscal year. (b) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers. (c) Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year. Commissioners Minutes Continued. September 23, 2010 1024 (d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal years. (e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year. (f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years. (g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget. (h) An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service, and enterprise funds. (i) A comparison of the revenue and expenditure amounts in the recommended budget to the most recently approved budget adopted by the Board of Commissioners with appropriate explanation of the variances. (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in, which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. (b) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the most recently approved current year budget, together with an analysis and explanation of the variances there from, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than September 30, the Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the Commissioners Minutes Continued. September 23, 2010 1025 County of Oakland. The supporting budgetary data to the general appropriations measure shall include at least the following: (a) Expenditure data for the most recently completed fiscal year. (b) The expenditures budget as originally adopted by the Board of Commissioners for the current fiscal year. (c) The amended current year appropriations. (d) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers. (e) Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year. (f) Budgeted revenue estimates as originally adopted by the Board of Commissioners for the current fiscal year. (g) The amended current year Budgeted revenues. (h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal year. (i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year. (j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal year. (k) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital project, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget. (l) An informational summary of projected revenues and expenditures/expenses of capital projects, internal service, and enterprise funds. (m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County. (n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners. 14. The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph #22 and #23 of this resolution. 15. A deviation from the original general appropriations measure shall not be made without first amending the general appropriations measure through action by the Board of Commissioners, except within those limits provided for in paragraph #16 of this resolution. 16. Appropriations accumulated at the following three summary levels of expenditure within each County Department will be deemed maximum authorization to incur expenditures: Personnel Expenditures, Operating Expenditures, and Internal Support Expenditures. The County Executive or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures within these limits, holding expenditures below individual line-item appropriations or allowing overruns in individual line-items providing that at no time shall the net expenditures exceed the total appropriation for Personnel and Operating Expenses, respectively, for each department as originally authorized or amended by the Board of Commissioners. Further, Personnel Expenses are authorized only for positions specifically authorized pursuant to this Act as adopted and amended by Board of Commissioner resolution, and appropriated overtime, holiday overtime, on- call pay, shift premium summer help, emergency salaries, and any adjustments required by collective bargaining agreements. The Fiscal Officer shall submit to the Finance Committee a quarterly listing of new governmental funded appropriations and internal service fund line items created administratively which were not properly classifiable. Line-item detail, division, unit or cost center detail and allotments, which provide a monthly calendarization of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives Commissioners Minutes Continued. September 23, 2010 1026 authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. 17. In order to amend the General Appropriations Act the amendment must specifically identify the fund, department, division, unit, program and account affected by the amendment. Additionally, if the amendment increases an appropriation, the source of funding for that additional appropriation, whether an increase in revenue or an offsetting decrease in expenditure, must be presented as part of the amendment. 18. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which are to be recorded such expenditure encumbrances and obligations for the future payment of appropriated funds as the Fiscal Officer may approve. 19. Each purchase order, voucher or contract of Oakland County shall specify the funds and appropriation designated by number assigned in the accounting system classification from which it is payable and shall be paid from no other fund or appropriation. The necessary amount of the appropriation from such account shall be transferred pursuant to the provisions of this resolution to the appropriate general appropriation account and the expenditure then charged thereto. 20. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All capital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 21. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: (a) A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances. (b) A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances, and. (c) A forecast of actual expenditures, encumbrances and transfers from each of the several non- departmental appropriations accounts compared with authorized appropriations accompanied by an explanation of any significant variances. 22. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any appropriation for transfer account to any other appropriations account may not be made without amendment of the general appropriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the following instances: (a) Transfers may be made from the non-departmental overtime account and fringe benefit adjustment account to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations may be transferred between divisions within a department at the request of the Department Head, if authorized by the Fiscal Officer or his designee. (b) Transfers may be made from the non-departmental appropriation accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. (c) Transfers may be made from the non-departmental appropriation accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Human Resources Department. (d) Transfers may be made from salary and fringe benefit savings, resulting from use of Merit System Administrative Leave without Pay provisions, from departmental budgets to a non- departmental Administrative Leave account. Quarterly reports identifying such transfers and detailing the status of the non-departmental Administrative Leave account shall be provided to the appropriate Board committees. (e) Fringe benefit rates shall be established annually in the budget process to charge all General Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, tuition reimbursement, employee training, retirees' Commissioners Minutes Continued. September 23, 2010 1027 medical, required debt service on the Intermediate Retiree Medical Benefit Trust established pursuant to M.R. 07147, and retirement administration. All funds collected for Retirement, Tuition Reimbursement, Social Security (FICA), Medical for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as established by Miscellaneous Resolution #81-312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by Miscellaneous Resolution #96024. (f) The transfer of funds to the Capital Improvement Fund and Building Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer. (h) A transfer of any or all of the appropriation allocated under the Non-Departmental account for Legislative Expense (#10100-9090101-196030-731080) shall not be made to any departmental budget without adoption of an Oakland County Board of Commissioners resolution. 23. The Board of Commissioners may make supplemental appropriations by amending this general appropriations measure as provided by this resolution, provided that revenues in excess of those anticipated in the original general appropriations measure become available due to: (a) An unobligated surplus from prior years becoming available. (b) Current year revenue exceeding original estimate in amounts sufficient enough to finance increased appropriations. The Board of Commissioners may make a supplemental appropriation by increasing the dollar amount of an appropriation item in the original general appropriations measure or by adding additional items. At the same time the estimated amount from the source of revenue to which the increase in revenue may be attributed shall be increased, or other source and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case may such appropriations cause total estimated expenditures, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. 24. Whenever it appears to the County Executive or the Board of Commissioners that actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, the County Executive shall present to the Board of Commissioners recommendations which, if adopted, will prevent expenditures from exceeding available revenues for the current fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues, or both. After receiving the recommendations of the County Executive for bringing appropriations into balance with estimated revenues, the Board of Commissioners shall amend the general appropriations measure to reduce appropriations or shall approve such measures necessary to provide revenues sufficient to equal appropriations, or both. 25. All appropriations are annual and the unexpended portion shall lapse at year-end. Encumbrances and appropriations carried forward shall be recorded as a designated fund balance, and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by Miscellaneous Resolution #93-156, will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the purposes of determining their continuation for the remainder of the year. The recommended year-end budget amendment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2) Commissioners Minutes Continued. September 23, 2010 1028 budget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 26. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt, incur a financial obligation on behalf of the County against an appropriation account in excess of the amount authorized, (2) apply or divert money of the County for purposes inconsistent with those specified in this general appropriations measure as approved and amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93-135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Fiscal Services Division, are hereby authorized to be adjusted in accordance with Public Act 212 of 1994 with the resultant amount of the write-off subsequently reported to the Board of Commissioners as part of the Quarterly Financial Report. Also, within the administrative authority of the Fiscal Officer and with the general approval of the Court, Circuit Court and Probate Court financial orders for $2,500 or less may be reduced and amended by the Fiscal Services Division based on an individual’s ability to pay. Waiver of fees in excess of $2,500 shall require the approval of the Court. Except as otherwise stated in the General Appropriations Act, funds shall not be expended without specific appropriation or other appropriate action by the Board of Commissioners from reserved, designated or undesignated fund equity; from balance sheet accounts for the purchase of fixed assets not cited in paragraph 26 of the General Appropriations Act, non-routine prepaid items or non-routine obligations related to a specific appropriation; or from funds not budgeted. 27. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing, upgrading or disposing of those assets. 28. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 29. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal action in a court of competent jurisdiction for the recovery of County funds disclosed by an examination to have been illegally expended or collected as a result of malfeasance, and for the recovery of public property disclosed to have been converted or misappropriated. 30. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health Authority, the Community Mental Health Authority shall submit to an annual performance audit by an entity to be selected by the Board of Commissioners with the parameters of said annual performance audit to be determined by the County’s Audit Committee. Commissioners Minutes Continued. September 23, 2010 1029 BE IT FURTHER RESOLVED that the FY 2011 – 2013 Finance Committee Recommended Budget, as presented on September 23, 2010 be amended to create a FY 2011 designation in general fund equity of $100,000 to be dedicated for use in the Micro Loan Program upon appropriation of the Board of Commissioners. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Middleton supported by Gingell the resolution be adopted. Moved by Middleton supported by Gingell the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Greimel supported by Gershenson to amend the resolution as follows: BE IT FURTHER RESOLVED that the FY 2011-2013 Finance Committee Recommended Budget, to be presented on September 23, 2010, be amended to include an additional $500,000 appropriation in FY 2011 (for a total appropriation of $1.5 million) to the Tri-Party Road Improvement Program, to be paid for out of the budget favorability in FY 2010. Discussion followed. Eric Wilson, Oakland County Road Commission, addressed the board. Discussion followed. Laurie VanPelt, Director of Management and Budget, addressed the board. Robert Daddow, Deputy County Executive, addressed the board. Discussion followed. Gerald Poisson, Deputy County Executive, addressed the board. Discussion followed. Commissioner Greimel withdrew his amendment. Commissioner Gershenson withdrew her support. Chairperson Bill Bullard, Jr. declared a brief recess. Moved by Greimel supported by Gershenson to amend the resolution as follows: BE IT FURTHER RESOLVED that the FY 2011-2013 Finance Committee Recommended Budget, to be presented on September 23, 2010, be amended to include an additional $500,000 designation in FY 2011 (for a total appropriation of $1.5 million) to the Tri-Party Road Improvement Program designated fund balance, to be paid for out of the budget favorability in FY 2010. Discussion followed. Vote on amendment: AYES: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (13) NAYS: Middleton, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin, Jacobsen, Long. (11) Commissioners Minutes Continued. September 23, 2010 1030 A sufficient majority having voted in favor, the amendment carried. Moved by Zack supported by Nash to amend the resolution as follows: BE IT FURTHER RESOLVED that the FY 2011-2013 Finance Committee Recommended Budget, to be presented on September 23, 2010, be amended to include an additional $84,000 to pay for the salary and benefits of an additional housing counselor, to be paid for out of the budget favorability in FY 2010. Discussion followed. Chairperson Bill Bullard, Jr. declared a brief recess. Moved by Scott supported by Zack to amend the amendment as follows: BE IT FURTHER RESOLVED that the FY 2011-2013 Finance Committee Recommended Budget, to be presented on September 23, 2010, be amended to include an additional $84,000 to pay for the salary and benefits of an additional housing counselor, to be paid for out of the Commissioners Non Departmental Legislative Expense (10100-9090101-10000-731080). Discussion followed. Laurie VanPelt, Director of Management and Budget, addressed the board. Discussion followed. Vote on Commissioner Scott’s amendment: AYES: Nash, Schwartz, Scott, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray. (14) NAYS: Middleton, Potts, Runestad, Taub, Bullard, Douglas, Gingell, Jacobsen, Long. (9) A sufficient majority having voted in favor, Commissioner Scott’s amendment to Commissioner Zack’s amendment carried. Vote on original amendment as amended: AYES: Nash, Schwartz, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray. (13) NAYS: Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Jacobsen, Long, Middleton. (10) A sufficient majority having voted in favor, the amendment, as amended, carried. Discussion followed. Commissioner Middleton thanked everyone for their hard work. Vote on resolution, as amended: AYES: Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended was adopted. The Board adjourned at 12:00 p.m. to the call of the Chair or October 06, 2010, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson