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HomeMy WebLinkAboutMinutes - 2012.09.20 - 7869608 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 20, 2012 Meeting called to order by Chairperson Michael Gingell at 9:40 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Gershenson. (1) ABSENT: None. (0) Quorum present. Invocation given by Gary McGillivray. Pledge of Allegiance to the Flag. Moved by Runestad supported by Covey the minutes of the September 5, 2012 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Quarles the agenda be approved as printed. AYES: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Chairperson Michael Gingell addressed the Board to introduce Commissioner Zack. Commissioner Zack addressed the Board to present a proclamation to Michael Earl, Oakland Family Services CEO, honoring the organization for their 90th Anniversary and their dedicated efforts of spreading goodwill and critical services to County residents. Oakland Family Services has joined forces to address many social, economic, educational and health-related issues that confront our society today. Chairperson Michael Gingell addressed the Board to introduce Commissioner Scott. Commissioners Minutes Continued. September 20, 2012 609 Commissioner Scott addressed the Board to introduce Paul Tait, Executive Director – SEMCOG, Kathleen Lomako, Deputy Executive Director – SEMCOG; and Amy Malmer, Manager, Membership, External Affairs - SEMCOG. Paul Tait, Executive Director – SEMCOG, Kathleen Lomako, Deputy Executive Director – SEMCOG; and Amy Malmer, Manager, Membership, External Affairs – SEMCOG addressed the Board to give a presentation. The following people addressed the Board during public comment: Kath Chiaravalei, Carol Cousineau, Vickie Krigner, Geraldine Amato, Don Hughes, and Ann Suzauis. Moved by River supported by Covey the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 619. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION # 12228 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – DEPARTMENT OWNED VEHICLES – FLEET EXPANSION OF ONE (1) VEHICLE FOR CHILDREN’S VILLAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted a leased vehicle policy through Miscellaneous Resolution #93230 which was amended by Miscellaneous Resolution #94357 and requires additional vehicles to be approved by the Board of Commissioners; and WHEREAS the Department of Central Services has requested the addition of one vehicle to the County auto fleet, a passenger van, and WHEREAS the vehicle will be assigned for lease to Children’s Village to provide transportation for residents transitioning back to the community as part of the Oakland County Reentry Process; and WHEREAS the estimated capital costs, recommended by the Support Services Division, would be $23,803 and the estimated operating expenses would be $11,909; and WHEREAS funding in the amount of $23,803 is available for transfer from the Children’s Village Demonstration Programs Division Grant (Second Chance Grant Fund #28014), approved per MR #11262, to the Motor Pool Fund (Fund #66100); and WHEREAS as required by policy, the County Executive’s Department of Central Services has reviewed the request and determined it is justified within the policy; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the expansion of the County auto fleet by (1) vehicle with the purchase of a passenger van. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of funding in the amount of $23,803 from the Second Chance Grant Fund (#28014) to the Motor Pool Fund (#66100). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the payment of fuel and lease charges in the amount of $11,909 from the Child Care Fund (#20293). BE IT FURTHER RESOLVED that the FY 2012-2015 budget be amended as detailed below: FY 2012 FY 2013-2015 SECOND CHANCE GRANT FUND (#28014) Expenses: 1060501-112090-730373 Contracted Services ($ 23,803) $ -0- 1060501-112090-788001-66100 Transfer Out-Motor Pool Fund $ 23,803 $ -0- Total Expenses $ -0- $ -0- CHILD CARE FUND (#20293) Revenues: 9010101-112700-615359 Child Care Subsidy $ -0- $ 5,955 9090101-112700-695500-10100 Transfer In $ -0- $ 5,954 Total Revenues $ -0- $11,909 Commissioners Minutes Continued. September 20, 2012 610 Expenses: 1060501-112090-776659 Motor Pool Fuel Charges $ -0- $ 3,120 1060501-112090-776661 Motor Pool $ -0- $ 8,789 Total Expenses $ -0- $ 11,909 GENERAL FUND (#10100) Revenue: 9010101-196030-665882 Planned Use of Balance $ -0- $ 5,954 Total Revenues $ -0- $ 5,954 Expense: 9010101-112700-788001-20293 Transfer Out $ -0- $ 5,954 Total Expenses $ -0- $ 5,954 MOTOR POOL FUND (#66100) Revenues: 1030811-184010-695500-28014 Transfer In-Second Chance Grant Fund $ 23,803 $ -0- 1030811-184010-631071 Leased Equipment $ -0- $ 8,789 1030811-184010-630833 Gasoline Oil Grease Charges $ -0- $ 3,120 Total Revenues $ 23,803 $ 11,909 Expenses: 1030811-184010-796500 Budgeted Equity Adjustment $ 23,803 $ 7,148 1030811-184010-761156 Depreciation Vehicles $ -0- $ 4,761 Total Expenses $ 23,803 $ 11,909 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 619.) *MISCELLANEOUS RESOLUTION #12229 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2012 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) 2012 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS the 52nd District Court - Division II (Clarkston) and the Circuit Court have requested a budget amendment to correct a budget amendment made with 2nd Quarter that contained an incorrect Department number; and WHEREAS a budget amendment is recommended for the Prosecuting Attorney to recognize expense reductions and revenue increases for FY 2012 to offset anticipated DHS revenue reductions for which budget task credit was previously awarded; and WHEREAS a budget amendment is recommended in the Clerk/Register of Deeds office to reallocate funds in the amount of $10,000 from Professional Services to Micrographics – Maintenance Contract to accurately account for actual expenditures; and WHEREAS a budget amendment totaling $36,400 is recommended to reallocate funds from the Board of Commissioner’s Non-Departmental Legislative Expense to the Public Information line item to accurately account for Webcasting expenditures; and WHEREAS the Water Resources Commissioner is requesting to amend the General Fund budget to correct the General Fund and Drain Equipment Fund for hospitalization illustrative rates. The Commissioners Minutes Continued. September 20, 2012 611 implementation of the Collaborative Asset Management System (CAMS) moved the General Fund salaries and fringes to the Drain Equipment Fund. The hospitalization illustrative rates should have been deducted from the Drain Equipment Fund instead of the General Fund; and WHEREAS the Township of Milford Tri-Party Project #50361 was originally approved per MR #10123 at a total project cost of $706,726 of which the County agreed to fund $235,575. The Township of Milford and the Road Commission for Oakland County (RCOC) approved additional funding from Tri-Party monies allocated since Project #50361 was initiated. The County share for this additional cost is $2,788. Funding for this additional $2,788 is available in the General Fund Assigned Fund Balance for Tri-Party funding (GL acct #383510); and WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding from MDCH through the Comprehensive Planning, Budgeting, and Contracting (CPBC) Agreement in the amount of $52,254 which is less than fifteen percent of the original agreement required to accept the amendment via separate resolution. Actual amendments to the County budget will consist of $53,460. The difference of $1,206 is related to Grant Fees and Collections obtained from the grant award for WIC Resident Services. Funding in the amount of $40,000 relating to Tobacco Retailer Inspections will be budgeted in the General Fund as the grantor has recently changed the contract terms allowing the County to bill on a fixed fee for service; and WHEREAS a budget amendment is recommended to transfer funding in the amount of $22,300 from the Professional Services line item within the Health and Human Services Admin Division to the Training-Educational Supplies line item within the Children’s Village Division to cover costs associated with a research based treatment component being incorporated into residential programming; and WHEREAS the Department of Information Technology has requested a budget amendment in the amount of $1,500,000 to reappropriate funds previously approved by the Board for various IT projects such as Medical Examiner’s, E-Health, and CAMS; funding is available in the IT Fund Net Assets-Designated for Projects; and WHEREAS a budget amendment totaling $27,065 is requested within the Motor Pool Fund (#66100) to reallocate revenues and expenditures as a result of a decrease in used replacement vehicle purchases, insurance costs, indirect costs, external business revenue and external-warranty reimbursement, with an increase in depreciation, internal parts and accessories usage, productive labor services, and gain on sale of equipment and vehicles; and WHEREAS a budget amendment is recommended in the Friend of the Court - Access and Visitation Grant (#27120) fund to reallocate revenue from State Operating Grants to Federal Operating Grants; and WHEREAS a budget amendment is recommended in the Prosecuting Attorney – Cooperative Reimbursement Program (CRP) Grant (#27315) fund to move the budget for FY 2012 to the account where actual revenue is being received; and WHEREAS the Prosecuting Attorney received contributions (donations) in the amount of $235.45 for the Victim Services Section; and WHEREAS the Parks and Recreation Commission has one (1) check unable to be processed due to insufficient funds amounting to $19.00 and reports that the amount due and Non-Sufficient Fund Fees (NSF) for these checks be written off or deemed uncollectible; and WHEREAS the Oakland County Department of Economic Development and Community Affairs has attempted to collect funds from loan recipients for the Community Development Block Grant ($49,822.51) and the Home Investment Partnership Act Accounts ($50,109.00) and recommends ($99,931.51) be written off in uncollectible loans. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2012 Third Quarter Financial Report. BE IT FURTHER RESOLVED that the contributions made to the Prosecuting Attorney are accepted as previously detailed. BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of Management and Budget and detailed in schedules are authorized to be written off. BE IT FURTHER RESOLVED that the FY 2012 Budget is amended pursuant to Schedule A (General Fund/General Purpose Budget Amendments) and Schedule B (Proprietary and Special Revenue Budget Amendments). Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. September 20, 2012 612 Copy of Correspondence from members of the Finance Committee FY 2012 Third Quarter Report on file in County Clerk’s office. *MISCELLANEOUS RESOLUTION #12223 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF BLOOMFIELD AND WATERFORD AND THE CITY OF BERKLEY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Townships of Bloomfield and Waterford and the City of Berkley are requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Corporation Counsel has drafted an agreement for said townships and city to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreements with the Charter Townships of Bloomfield and Waterford and the City of Berkley to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreements between the County and Charter Townships of Bloomfield and Waterford and the City of Berkley. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement Between the Charter Township of Bloomfield and Oakland County to Utilize the Services of the Oakland County Board of Canvassers Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12223) BY: Finance Committee, Tom Middleton, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION - AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF BLOOMFIELD, WATERFORD AND THE CITY OF BERKLEY 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 Clerk Register of Deeds – Elections Division is authorized to establish a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954. 2. The Charter Townships of Bloomfield, Waterford and The City of Berkley is requesting to utilize the services of the Oakland County Board of Canvassers. 3. The approval and exercise of this agreement will generate an estimated $1,700 of general fund revenue in the Board of Canvasser Services Fee line item with corresponding operating expense increase of the same amount in the Fees Per Diems line item. • $800 for the Charter Township of Bloomfield (32 precincts @ $25 per precinct). • $725 for the Charter Township of Waterford (29 precincts @ $25 per precinct). • $175 for the City of Berkley (7 precincts @ $25 per precinct). 4. The Charter Township of Bloomfield is a contract renewal and revenues and expenditures associated with these services are incorporated in the FY 2012, 2013, 2014 and 2015 Budget. Therefore, no budget amendment is recommended. Commissioners Minutes Continued. September 20, 2012 613 5. The Charter Township of Waterford and The City of Berkley are new agreements and a budget amendment is recommended to the FY 2012, 2013, 2014 and 2015 General Fund Budget to recognize and authorize the exercise of this agreement and increase revenues and expenses as follows: GENERAL FUND (#10100) FY 2012 FY 2013-2015 Revenue 2010301-185010-630147 Bd. Of Canvasser Svc Fee 900 $900 Total Revenues $900 $900 Expenditure 2010301-185010-730709 Fees-Per Diems $900 $900 Total Expenditures $900 $900 FINANCE COMMITTEE (The vote for this motion appears on page 619.) *MISCELLANEOUS RESOLUTION #12225 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FY2012 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 2012 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 FEMA State Homeland Security Grant fund for positions in Homeland Security and the Cooperative Reimbursement Grant fund for the Friend of the Court position to implement salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS the Public Services Department/MSU Extension is requesting an exception to Merit Rule 2.10.1.2 with regards to payment of overtime for three classifications, Extension Home Economist/Food Preservation, Four-H Youth Development Program Coordinator, and Natural Science Program Coordinator (new classification). Overtime shall be paid after 40 hours in a workweek in accordance with the Fair Labor Standards Act. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2012, which includes the following classification changes: Create the following new classifications: Classification Title Salary Grade Total Points FLSA Status Funding Chief – Building Safety 14 466 Exempt PR FOC Computer Specialist 12 428 Exempt SR Natural Science Program Coordinator 11 385 Non-Exempt GF/GP Reclassify the following positions and employees with no change in salary grade: Position Number From Grade To 1040770-03574 Chief – Fire & Security 14 Chief – Building Safety Commissioners Minutes Continued. September 20, 2012 614 1070510-07996 Environmental Program Coordinator 11 Natural Science Program Coordinator Reclassify the following position and employee: Position Number From Grade To Grad e 3010404-01082 User Supp Spec I 10 FOC Computer Specialist 12 Changes in the Salary Administration Plan Factors: Salary Grade Total Points Classification From To From To Funding Chemist Forensic Lab 16 16 528 528 GF/GP Supervisor Court Business Operations 14 15 471 513 GF/GP Forensic Toxicology Chemist 12 12 410 400 GF/GP WRC Time & Labor Supervisor 10 10 343 353 PR Homeland Security Regional SAP 8 9 295 315 SR Delete the following classification: Classification Title Chief – Fire & Security BE IT FURTHER RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2012, which includes the exception to Merit Rule 2.10.1.2 for overtime after 40 hours in a work week instead of eight hours in a day to accommodate a flexible work schedule for the following classifications in MSU Extension: Classification Title Extension Home Economist/Food Preservation Four-H Youth Development Program Coordinator Natural Science Program Coordinator Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #12225) Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 3RD QUARTERLY REPORT FOR FY 2012 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 Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2) The following 3 new positions will be created-Homeland Security-Chief-Building Safety-Salary Grade 14, Friend of the Court-FOC Computer Specialist-Salary Grade 12, and Public services/MSU EXT-Natural Science Program Coordinator-Salary Grade 11. 3) Two positions (2) will be reclassified with no change in salary grade. The first position, in Facilities Management (1040770-03574) went from: Chief-Fire & Safety (Grade 14) to Chief-Building Safety (Grade 14). The second position in Public Services/MSU EXT (#1070510-07996) went Commissioners Minutes Continued. September 20, 2012 615 from: Environmental Program Coordinator (Grade 11) to Natural Science Program Coordinator (Grade 11). 4) The following Friend of the Court Position and employee will be reclassified- Position Number 3010404-01082 from User Supp Spec 1 (Grade 10) to FOC Computer Specialist (Grade 12). 5) One (1) position, Supervisor Court Business Operations in the Circuit Court/Court Business Operations Division will be upgraded from a Grade 14 to a Grade 15 at an annual cost of $5,676. 6) One (1) position, User Support Specialist 1 to FOC Computer Specialist (new classification), in the Circuit Court/Family/FOC Division will be upgraded from a Grade 10 to a Grade 12 at an annual cost of $2,242. The cost will be funded by the Friend of the Court Fund (#27100). 7) Two (2) positions, Homeland security Regional SAP, in the HHS/Homeland Security Division will be upgraded from a Grade 8 to a Grade 9 at an annual cost of ($1,973 x 2) $3,946.00. The cost will be funded by the Domestic Preparedness Equipment Fund (#29340). 8) Two (2) positions, Chemist Forensic Lab-Grade 16, in the Sheriff/Investigative & Forensic Services Division will remain the same; no fiscal implications. 9) One (1) position, Forensic Toxicology Chemist-Grade 12, in the Sheriff/Investigative & Forensic Services Division will remain the same; no fiscal implications. 10) One (1) position, WRC Time & Labor Supervisor-Grade 10, in the WRC/Administration Division will remain the same; no fiscal implications. 11) One (1) position, Chief-Fire & Security to Chief-Building Safety-Grade 14, in Facilities Management/FM&O Division will remain the same; no fiscal implications. 12) The following classification title for Facilities Management/FM&O, Chief-Fire & Safety, will be deleted. 13) Public Services Dept/MSU Ext will pay overtime after 40 hours in a work week to accommodate a flexible work schedule for three classifications, Extension Home Economist/Food Preservation, Four-H Youth Development Program Coordinator, and Natural Science Program Coordinator (new classification) in accordance with the Fair Labor Standards Act. 14) The following budget amendment is recommended to the FY 2013-2015 Budget: GENERAL FUND (#10100) FY 2013-FY 2015 Expenditures 9090101-196030-740037 Non-Dept - Class & Rate Change $ (5,676) 3010201-121100-702010 Circuit Court Court Business-Salaries $ 3,838 3010201-121100-722900 Circuit Court Court Business-Fringe Benefit Adj $ 1,838 Total General Fund Expenditures $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 619.) *MISCELLANEOUS RESOLUTION #12226 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2012-2013 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, 2012 through September 30, 2013; 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 2012-2013 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. Commissioners Minutes Continued. September 20, 2012 616 PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary on file in County Clerk’s Office. FISCAL NOTE (MISC. #12226) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2012-2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to the 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 budget for foster care services covering the period of October 1, 2012 through September 30, 2013. 3. The application reflects $35,418,782 in gross expenditures and $2,100,500 in offsetting revenues, leaving a net expenditure of $33,318,282. The Child Care fund reimburses 50% for all Child Care Fund eligible expenditures of $33,318,282, rendering a State reimbursement of $16,659,141 should the State approve the budget and the County expend all funds listed in the application. 4. The application reflects an approximate .446% increase from last year’s application totaling $148,921. 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 2013 Finance Committee Recommendation by approximately 12.35% or $2,056,297. 6. If necessary, a budget amendment will be recommended at the time of the contract agreement. FINANCE COMMITTEE (The vote for this motion appears on page 619.) *MISCELLANEOUS RESOLUTION #12230 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2013 VICTIM ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1, 2012 through September 30, 2013; and WHEREAS this is the thirteenth (13th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, crisis intervention, court accompaniment, agency referrals, assistance with compensation, and support services; and WHEREAS this grant funds one (1) Victim Advocate position who will provide on site services to crime victims in all courts in Oakland County; and WHEREAS the Fiscal Year 2013 application amount of $112,890 resulted in an award of $83,710; and WHEREAS the State contribution is $66,968 (80%), the County contribution is $16,742 (20%) and is in the form of in-kind Prosecuting Attorney Victim Rights Supervisor’s salary and FICA fringe benefit cost; and WHEREAS the FY 2013 award amount of $83,710 is the same as the FY 2012 award amount; the FY 2012 cash match requirement of $6,583 is no longer required. Commissioners Minutes Continued. September 20, 2012 617 WHEREAS this award allows for the continuation of one (1) FTE SR grant funded Victim Advocate position (#4010101-135170-09647) and the continuation of in-kind Prosecuting Attorney Victim Rights Supervisor’s position cost contribution; and WHEREAS the grant award 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 grant funding from the State of Michigan, Department of Community Health in the amount of $66,968 and recognizes in-kind Prosecuting Attorney Victim Rights Supervisor’s salary and FICA fringe benefit cost of $16,742 to meet the match requirement for the period of October 1, 2012 through September 30, 2013. BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (#4010101- 135170-09647) is continued, but only partially funded by grant funds. BE IT FURTHER RESOLVED that in-kind Prosecuting Attorney Victim Rights Supervisor’s salary and FICA fringe benefit cost be recognized to meet the County match contribution; with no cash match requirement. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award. 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 – Prosecuting Attorney Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12230) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2013 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) 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 Prosecuting Attorney has been awarded $83,710 for the Fiscal Year 2013 Victims of Crime Act (VOCA) Grant. 2. The total Fiscal Year 2013 award is for the same amount as the Fiscal Year 2012 award. 3. The State’s contribution is $66,968 (80%) and the County’s contribution is $16,742 (20%). The County contribution is in the form of in-kind Prosecuting Attorney Office staff position cost. 4. Total program costs is decreased to $86,382 due to significant changes in fringe benefit cost between the application and the acceptance of this grant, a funding shortfall of $19,414 is realized. The Prosecuting Attorney has chosen to address this shortfall by a one-time reduction of General Fund budgets for Personal Mileage Expense (Account #731346) of $10,000 and a reduction to Printing Expense (Account #731388) of $9,414 and transfer this amount to the grant fund budget (Fund #27325). 5. In addition to the County match requirements, the County is expected to incur $4,061 in administrative and support costs, which have been included in the Fiscal Year 2013 Budget. This grant does not allow for recovery of those costs. 6. Resolution continues to fund one (1) SR FTE position #4010101-135170-09647 Victim Advocate, and recognizes in-kind Prosecuting Attorney Office staff position cost to meet the County Local Match requirement in the amount $16,742. 7. There is no cash match requirement for this FY 2013 grant award; General Fund expense budget reductions to Personal Mileage and Printing are offered to cover the balance of the position cost not funded by this grant. 8. The FY 2013 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as follows to recognize the grant award and transfer the grant match from the General Fund to the grant fund: Commissioners Minutes Continued. September 20, 2012 618 FY 2013 FY 2013 Cnty Exec FY 2013 Amended Rec Budget Amendment Budget GENERAL FUND (#10100) Expenditures 4010201-135170-731346 Personal Mile. 31,796 ( 10,000) 21,796 4010101-135170-731388 Printing 54,562 ( 9,414) 45,148 4010101-135170-788001-27325 Trans Out 0 19,414 19,414 Total General Fund Expenditures $1,246,358 $ -0- $1,246,358 VOCA GRANT FUND (#27325) 4010201-135170-610313 Grants Federal $69,501 $ (2,533) $ 66,968 4010201-135170-695500 Transfers In 20,811 (1,397) 19,414 Total Grant Revenues $ 90,312 ($ 3,930) $ 86,382 Expenditures 4010201-135170-702010 Salary $ 44,459 $ (315) $ 44,144 4010201-135170-722740 Fringe Benefits 42,553 (315) 42,238 4010201-135170-731346 Personal Mileage 3,300 (3,300) 0 Total Grant Expenditures $ 90,312 ($ 3,930) $ 86,382 FINANCE COMMITTEE (The vote for this motion appears on page 619.) *MISCELLANEOUS RESOLUTION #12231 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFFS OFFICE — 2012 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Office applied to the Michigan Department of Natural Resources & Environment for $236,465 in grant funding from Public Act 451 to conduct Marine Safety activities for the period January 1, 2012 through December 31, 2012: and WHEREAS Oakland County has been awarded the amount of $164,200, of which $100,000 is State funding and $64,200 is Federal funding WHEREAS this award is $22,566 less than the Calendar Year 2011 award of $186,766; and WHEREAS the total program of $197,533 approved by the Michigan Department of Natural Resources consists of $164,200 in grant funding and a 25% ($33,333) County match required on the State portion. No match is required on the Federal portion. The county match is included in the Sheriff’s Office budget; and WHEREAS funding covers reimbursement of salaries and other operating expenses; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of this program is contingent upon future levels of grant funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Calendar Year 2012 Marine Safety Grant Award from the Michigan Department of Natural Resources in the amount of $197,533 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 Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12231) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - 2012 MARINE SAFETY PROGRAM GRANT ACCEPTANCE Commissioners Minutes Continued. September 20, 2012 619 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 Sheriff's Office applied for $236,465 in total funding for the FY 2012 Marine Safety program. 2. The Michigan Department of Natural Resources (MDNR) awarded the Sheriff’s Office $164,200 for Marine Safety activities, consisting of $64,200 in Federal funding and $100,000 in State funding. 3. No county match is required with the Federal funding. However, the State requires a twenty-five percent (25%) county match, which totals $33,333 based on the State’s formula for meeting the County’s match (State funding divided by 75% then multiplied by 25%). 4. The State recognizes the use of the Sheriff’s Marine Safety expenses in the General Fund as grant match. 5. Sufficient funds for the grant match portion are available in the Sheriff’s Office FY 2012 budget. 6. The total program cost for FY 2012 is $197,533 (Federal Funds - $64,200; State Funds $100,000; County Match - $33,333). 7. The change in total grant program funding from the previous year represents a reduction of $30,091; the current award of $164,200 is $35,800 less than the FY 2012 Budget of $200,000. 8. The State grant period is January 1, 2012 through December 30, 2012 and the Federal grant period is January 1, 2012 through September 30, 2012. 9. The FY 2012 Budget is amended to reflect the grant award as follows: GENERAL FUND (#10100) FY 2012 Revenues 4030601-116200-626619 Sheriff Marine Safety ($35,800) 9010101-196030-665882 Planned Use of Fund Bal. $35,800 Total General Fund Revenues ($ 0) FINANCE COMMITTEE Vote on Consent Agenda: AYES: Covey, Crawford, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. Chairperson Michael Gingell made the following statement: A Public Hearing is now called on the FY 2013 General Appropriations. Is there anyone present who wishes to speak?” Geraldine Amato addressed the Board to speak during the Public Hearing, no one else requested to speak the Chairperson declared the Public Hearing closed. REPORT (MISC. #12232) BY: Human Resources Committee, John Scott, Chairperson IN RE FISCAL YEAR 2013 SALARY RECOMMENDATIONS To the Finance Committee and the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee recommends the following actions: 1. Maintain the current salary ranges for salary grades 1 - 21 by recommending a 0% salary adjustment for Fiscal Year 2013, which begins September 22, 2012. 2. Maintain the current salary ranges for all remaining classifications not represented by bargaining units by recommending a 0% salary adjustment for Fiscal Year 2013, including 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 Commissioners Minutes Continued. September 20, 2012 620 allowed; b. Appointed Board and Commission members; and c. Assistant Prosecuting Attorneys* whose salary was not decreased with the other County employees, it is recommended that the salary for these classifications be decreased by 2.5% and 1.5% effective January 1, 2013. 3. Provide a salary adjustment for the Prosecuting Attorney, County Clerk/Register of Deeds, Water Resources Commissioner, Sheriff, County Treasurer of -2.5%; - 1.5% effective January 1, 2013.* 4. Provide a salary adjustment of 0% for the County Executive* effective January 1, 2013. 5. Provide salary adjustments for County Commissioners of 0% effective January 1, 2013, and 0% effective January 1, 2014. 6. To convert the Executive Officer – Parks & Recreation classification from Merit System to Excluded from the Merit System pursuant to Merit Rule 1.1.3., when the position becomes vacant. 7. To retitle the following classification: From Classification Job Code To Classification Secretary III 000432 Executive Secretary 8. Delete the following classifications from the County’s Salary Schedule: Manager – Auditing General Maintenance Supervisor Supervisor – Auditing Dental Clinic Assistant I Senior Auditor Dental Clinic Assistant II *Note: Given the continuing economic situation facing the State, County Elected Officials (excluding the County Executive whose salary was reduced by 2.5% in 2010 and 1.5% in 2011) and the Assistant Prosecuting Attorneys have voluntarily donated an amount equivalent to 4% of their salary back to the County. This is consistent with the salary reductions experienced by County employees during fiscal years 2010 and 2011. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #12232 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FISCAL YEAR 2013 GENERAL APPROPRIATIONS ACT AND 2013 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 2013 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $776,237,427 for Fiscal Year 2013, 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, Commissioners Minutes Continued. September 20, 2012 621 revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to 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 2013 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 $77,000 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 $54,000) and the Sheriff's Department (5/17 or $23,000). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to cover the total costs incurred in Fiscal Year 2013 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 $10,800,000 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 20, 2012 622 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 2013 a County General Property Tax Levy of 4.1900 mills to be applied to the 2013 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, Commissioners Minutes Continued. September 20, 2012 623 (c) Revenue data for the most recently completed Fiscal Year and estimated revenues, or amended budget, for the current fiscal year, (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 Commissioners Minutes Continued. September 20, 2012 624 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 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. Commissioners Minutes Continued. September 20, 2012 625 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 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/her designee. (b) Transfers may be made from the non-departmental appropriation accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the Commissioners Minutes Continued. September 20, 2012 626 appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer or his/her designee. (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' medical, required debt service on the Intermediate Retiree Medical Benefit Trust established pursuant to MR 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 #96-024. (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 or his/her designee. (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 Commissioners Minutes Continued. September 20, 2012 627 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 an assigned 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) 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 (Bad Debt Write-Off Policy) and Miscellaneous Resolution #12-048 (Short Sale Policy). 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 or his/her designee. Application of the foregoing Short Sale policy may be invoked to allow the County to consider less than the balance owed on an Oakland County home improvement loan in a proposed sale of property, unless prohibited by Federal Regulations, as determined by the Manager of the Oakland County Community and Home Improvement Division or his/her designee. 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 (including short sales) 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 Commissioners Minutes Continued. September 20, 2012 628 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. FINANCE COMMITTEE Moved by Middleton supported by Long the resolution be adopted. Moved by Middleton supported by Runestad the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Zack supported by Woodward the resolution be amended as follows: Additional Housing Counselor BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; 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 2012. Discussion followed. Vote on amendment: AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) NAYS: Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell. (16) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Nash supported by Woodward the resolution be amended as follows: Commissioners Minutes Continued. September 20, 2012 629 Increased Road Funding BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; 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 2012. Discussion followed. Vote on amendment: AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) NAYS: Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin. (16) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Quarles supported by Covey the resolution be amended as follows: Oakland County Buy Local Campaign BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include an additional $100,000 designation in FY 2013 for the Oakland County “Buy Local” Program designated fund balance, to be paid for out of the budget favorability in FY 2012. Funds intended for use to support locally focused campaigns to promote the value and importance of buying goods and services from local small businesses. Discussion followed. Vote on amendment: AYES: Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey Hatchett. (8) NAYS: Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin, Hoffman. (14) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Woodward supported by Zack the resolution be amended as follows: Oakland County RATS Program BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include an additional $200,000 designation in FY 2013 for the Oakland County Rodent Abolition and Termination (RAT) Program RATS designated fund balance, to be paid for out of the budget favorability in FY 2012. Funds intended for use to support community collaboratives that reduce rodent population, educate residents and businesses, and eradicate potential rodent habitats. Discussion followed. Vote on amendment: AYES: McGillivray, Nash, Quarles, Woodward, Zack, Covey, Hatchett, Jackson. (8) NAYS: Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin, Hoffman. (15) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Commissioners Minutes Continued. September 20, 2012 630 Moved by Jackson supported by Quarles the resolution be amended as follows: Oakland County Local Business Incubator Initiative BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include an additional $100,000 designation in FY 2013 for the Local Business Incubator Feasibility Studies designated fund balance, to be paid for out of the budget favorability in FY 2012. Funds intended for use to partner with local economic development efforts to study the feasibility for new business incubators that warrant further support. Discussion followed. Vote on amendment: AYES: McGillivray, Quarles, Woodward, Zack, Covey, Hatchett, Jackson. (7) NAYS: Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin, Hoffman, Long. (15) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Woodward supported by Quarles the resolution be amended as follows: Oakland County Active Shooter Training BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include an additional $100,000 designation in FY 2013 for the Local Law Enforcement Active Shooter Training designated fund balance, to be paid for out of the budget favorability in FY 2012. Funds intended for use to increase active shooter training for Oakland County’s Cities, Villages, and Townships law enforcement departments. Discussion followed. Vote on amendment: AYES: Nash, Quarles, Woodward, Zack, Hatchett, Jackson. (6) NAYS: McGillivray, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hoffman, Jackson, Long. (17) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Quarles supported by Woodward the resolution be amended as follows: Oakland County Microloan Program Outreach BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include an additional $25,000 designation in FY 2013 for the Oakland County Microloan Program designated fund balance, to be paid for out of the budget favorability in FY 2012. Funds intended for use for expanding promotion of county microloan program to targeted eligible small businesses. Discussion followed. Vote on amendment: AYES: Nash, Quarles, Woodward, Zack, Covey, Hatchett, Jackson, McGillivray. (8) NAYS: Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis. (15) Commissioners Minutes Continued. September 20, 2012 631 A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Covey supported by Zack the resolution be amended as follows: Emergency Contraception BE IT FURTHER RESOLVED that the FY 2013-2015 Finance Committee Recommended Budget, presented on September 20, 2012; be amended to include for FY 2013 an additional $50,000 to the Health Division to implement a self-sustaining fee-for-service Emergency Contraception program for the purchase of contraception, supplies, and printed materials to be fully offset by fee reimbursement, and to be paid for out of the budget favorability in FY 2012. Discussion followed. Vote on amendment: AYES: Nash, Quarles, Woodward, Zack, Covey, Hatchett, Jackson, McGillivray. (8) NAYS: Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton. (15) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Vote on resolution: AYES: Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash. (22) NAYS: Covey. (1) A sufficient majority having voted in favor, the resolution was adopted. Discussion followed. Moved by Middleton supported by Woodward to reconsider Miscellaneous Resolution #12232 – Fiscal Year 2013 Salary Recommendations. Vote on reconsideration: AYES: Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long Matis, McGillivray, Middleton, Nash, Nuccio. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was before the Board for reconsideration. Moved by Woodward supported by Long the resolution be amended to add: Commissioner Craig Covey vote to AYES. Vote on resolution, as amended: AYES: Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray Middleton, Nash, Nuccio, Potts. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended was adopted. There were no items to report on the Regular Agenda for the General Government Committee. Commissioners Minutes Continued. September 20, 2012 632 MISCELLANEOUS RESOLUTION #12224 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - $500 PAYMENT TO NON-REPRESENTED FULL-TIME ELIGIBLE EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as a result of the economic downturn during the past several years, County employees had their pay decreased by a total of 4.0% for fiscal years 2010 and 2011; and WHEREAS the pay of County employees was frozen for fiscal year 2012 and it is recommended to remain frozen for fiscal year 2013; and WHEREAS the citizens of Oakland County have continued to receive quality services during this time of economic challenge; and WHEREAS as a result of fiscally prudent management demonstrated by all County-wide Elected Officials including adherence to budget task reductions, position deletions, hiring freeze, etc. the County Executive is recommending that a one-time $500 lump sum payment be paid during the first quarter of fiscal year 2013 to all full-time employees employed on the date of issuance; and WHEREAS this payment will not be applied to, or enhance, any other County benefit including but not limited to Defined Contribution or Defined Benefit retirement. NOW THEREFORE BE IT RESOLVED that a one-time lump sum taxable payment of $500 be provided to all full-time non-represented employees employed on the date of issuance during the first quarter of fiscal year 2013, excluding judges whose salaries are established by law and cannot be increased in this manner. BE IT FURTHER RESOLVED the Board of Commissioners voluntarily decline the $500 bonus. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #12224) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - $500 PAYMENT TO NON-REPRESENTED FULL-TIME ELIGIBLE EMPLOYEES 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 a one-time lump sum taxable payment of $500 to be provided to all full- time non-represented employees employed on the date of issuance during the first quarter of fiscal year 2013. 2. The one-time payment excludes judges whose salaries are established by law and cannot be increased in this manner. 3. The Board of Commissioners voluntarily declines the $500 one-time payment. 4. The $500 one-time payment is already reflected in the Finance Committee Recommended Budget. 5. The estimated total cost, assuming all bargaining units, positions and funds are included, would be approximately $1.6 million for Fiscal Year 2013. 6. No budget amendment is required. FINANCE COMMITTEE Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted. Discussion followed. Moved by Scott supported by Middleton the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED paragraph strike “bonus” and insert “one-time lump sum taxable payment.” Commissioners Minutes Continued. September 20, 2012 633 Vote on amendment: AYES: Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic. (16) NAYS: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Hatchett supported by Zack the resolution be amended as follows: Strike FIRST “BE IT FURTHER RESOLVED” clause. Insert: BE IT FURTHER RESOLVED the Board of Commissioners and all countywide elected officials are not eligible for the one-time lump sum taxable payment of $500.00. Vote on amendment: AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) NAYS: Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford. (16) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Vote on resolution, as amended: AYES: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (16) NAYS: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended was adopted. MISCELLANEOUS RESOLUTION #12233 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER- 2012 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 2012, the Water Resources Commissioner proposes to assess 29 separate Lake Level Districts for the total aggregate amount of $476,832.93 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 14 of the proposed assessments are in excess of the said $10,000 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 2012, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $476,832.93, 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 Commissioners Minutes Continued. September 20, 2012 634 of 29 separate Lake Level Districts itemized on the listing hereto, including 14 assessments in excess of $10,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Memorandum from Steven A. Korth, P.E. and Oakland County Water Resources Commissioner 2012 Lake Level Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #12233) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2012 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 $476,832.93 for the year 2012 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 29 lake levels located within Oakland County. 2. Oakland County’s share of the assessments for operations and maintenance of lake levels is $3,227.36 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 until October 18, 2012, Board meeting for Final Approval. There were no objections. MISCELLANEOUS RESOLUTION #12234 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2012 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 2012, the Water Resources Commissioner proposes to assess 49 Drainage Districts the total aggregate amount of $247,500.00 for the maintenance, operation, clean out and repair of 49 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 2012, for the purpose of operating, maintaining, cleaning out and repairing 49 drains located in Oakland County, the total aggregate amount of $247,500.00, being the sum total of assessments for the said year to be Commissioners Minutes Continued. September 20, 2012 635 assessed against all of the benefiting properties and government entities comprising the assessment rolls of 49 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 Memorandum from Steven A. Korth, P.E. and Oakland County Water Resources Commissioner 2012 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #12234) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2012 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 $247,500.00 for the year 2012 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 49 Chapter 4 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $16,814.93 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 until October 18, 2012, Board meeting for Final Approval. There were no objections. MISCELLANEOUS RESOLUTION #12235 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2012 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 2012, the Water Resources Commissioner proposes to assess 38 Drainage Districts the total aggregate amount of $107,500.00 for the maintenance, operation, cleanout and repair of 38 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 2012, for the Commissioners Minutes Continued. September 20, 2012 636 purpose of operating, maintaining, cleaning out and repairing 38 drains located in Oakland County, the total aggregate amount of $107,500.00, 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 38 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 Memorandum from Steven A. Korth, P.E. and Oakland County Water Resources Commissioner 2012 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #12235) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2012 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 $107,500.00 for the year 2012 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 38 Chapter 18 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $12,234.45 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 until October 18, 2012, Board meeting for Final Approval. There were no objections. MISCELLANEOUS RESOLUTION #12236 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – EXTENSION OF NO HAZ PROGRAM THROUGH 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, through its Waste Resource Management Unit, has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) for the past ten years; and WHEREAS the cost of facilitating this program is reimbursed to the County by the member communities; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, and they also contribute to Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS more than 25,000 residents have used the program, resulting in more than 2.6 million pounds of household hazardous waste being collected and recycled or properly disposed of; and WHEREAS Oakland County originally agreed to facilitate this program for three years (2003, 2004, 2005), and then agreed to three additional extensions through 2012; and WHEREAS budget constraints restrict the communities’ ability to facilitate the program individually; and WHEREAS all current member communities have passed resolutions encouraging the County to continue as the facilitator of the program; and WHEREAS the county administration strongly supports the continuation of the program for an additional three years (2013, 2014 and 2015); and Commissioners Minutes Continued. September 20, 2012 637 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Waste Resource Management Unit to continue facilitating the NO HAZ Program for an additional three years (2013, 2014 and 2015) as long as the member communities fully reimburse the County for all costs and expenses connected with the operation of the program. BE IT FURTHER RESOLVED that during this three-year period Oakland County and the member communities will take steps to increase the number of member communities during this three-year period. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12237 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: BOARD OF COMMISSIONERS - CONTRACT EXTENSION WITH HAVEN, INC. TO PROVIDE SERVICES TO VICTIMS OF SEXUAL ASSAULT THROUGH THE SAFE THERAPEUTIC ASSAULT RESPONSE TEAM (START) 2012-2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolutions #05169, #06166, and #09160 authorized the award and extension of a Professional Services Contract to HAVEN, Inc. for the purpose of establishing an effective law enforcement tool for the successful prosecution of those committing sexual attacks; and WHEREAS HAVEN provides an investigative resource relating to criminal sexual attacks and provides victims of sexual assault or rape with examinations, counseling services and courtroom support through the Safe Therapeutic Assault Response Team (START) program, and WHEREAS the START program provides Forensic Examiners who are specially trained registered nurses and physicians assistants who perform medical forensic examinations of victims of sexual assault and collect evidence from victims and suspects, counsel victims, and testify in court; and WHEREAS evidence of sexual assault collected by specially trained nurse examiners provide more effective evidence compared to evidence collected by non-trained emergency room personnel; and WHEREAS the contract with HAVEN expires September 30, 2012; and WHEREAS the Oakland County Board of Commissioners wishes to continue the services provided by HAVEN to victims of sexual assault and to Oakland County law enforcement agencies and courts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a three-year extension of the Professional Services Contract with HAVEN. Inc. to provide victims of sexual assault or rape that have occurred in Oakland County with examinations, counseling services and courtroom support through the START program. BE IT FURTHER RESOLVED that the contract amount shall be for an amount not to exceed $30,000 per year and that the contract extension shall terminate on September 30, 2015, unless otherwise agreed to by the parties. BE IT FURTHER RESOLVED that the reporting requirements in the Professional Services contract are continued through the life of the contract extension. BE IT FURTHER RESOLVED that the Chairman of the Oakland County Board of Commissioners is authorized to execute the three-year contract extension on behalf of the Board of Commissioners. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. Copy of Correspondence from Beth L. Morrison, President & CEO of HAVEN on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12238 BY: Michael Gingell, Shelley Taub IN RE: OPPOSITION TO HB 5804 - ESTABLISHMENT OF THE MICHIGAN INDIGENT DEFENSE COMMISSION To the Oakland County Board of Commissioners Commissioners Minutes Continued. September 20, 2012 638 Chairperson, Ladies and Gentlemen: WHEREAS Oakland County supports the goals of improving criminal defense services to the indigent in order to ensure fair and consistent legal representation, and WHEREAS the state’s creation of the Michigan Indigent Defense Commission ( MIDC ) and its delineation of its role, responsibilities, standards and other processes, without funding support, clearly constitute the establishment of an unfunded mandate, and WHEREAS the state, by creating the MIDC has given powers to create and enforce new criminal defense standards to an unelected board, and WHEREAS the MIDC will increase the cost of criminal defense to the taxpayer, and WHEREAS the MIDC will reduce the appropriation responsibilities of all elected Boards of Commissioners in Michigan for criminal indigent defense to a ministerial action, and WHEREAS the appeal process of an aggrieved local unit of government would be required to appeal its grievance to the MIDC, the very autonomous entity that likely is involved in imposing the grievance, and WHEREAS under the proposed HB 5804, every county shall first set aside $7.25 per capita for indigent defense even before the MIDC is formed and the underlying rules, standards and responsibilities for criminal indigent defense is developed, and WHEREAS in Oakland County, indigent defense is budgeted at $4.97 million, and WHEREAS the County would be mandated to set aside another $ 4.27 million, and WHEREAS the County would then be forced to reduce services to taxpayers not charged with a crime and/or employees who have taken reductions in compensation over several years could also be impacted. NOW THEREFORE BE IN RESOLVED that the Oakland County Board of Commissioners opposes the passage of HB 5804 in its current form. BE IT FURTHER RESOLVED that the Oakland County Clerk send a copy of this resolution to the governor, senate majority leader, speaker of the house, Oakland County legislators, and Michigan Association of Counties. SHELLEY TAUB, MICHAEL GINGELL, JEFF MATIS, CHRISTINE LONG, ANGELA RIVER, BILL DWYER, PHIL WIEPERT, BETH NUCCIO, KATHY CRAWFORD, TOM MIDDLETON, ROBERT GOSSELIN, MIKE BOSNIC, JOHN SCOTT, JIM RUNESTAD, DAVID POTTS, BOB HOFFMAN Moved by Taub supported by Potts to suspend the rules and vote on Miscellaneous Resolution #12238 – Opposition to HB 5804-Establishment of the Michigan Indigent Defense Commission. Vote on motion to suspend rules: AYES: River, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles. (19 NAYS: Zack, Nash. (2) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12238 – Opposition to HB 5804-Establishment of the Michigan Indigent Defense Commission carried. Moved by Taub supported by Potts the resolution be adopted. AYES: Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. September 20, 2012 639 The Board adjourned at 1:10 p.m. to the call of the Chair or October 3, 2012, at 7:00 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson