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HomeMy WebLinkAboutMinutes - 2014.09.18 - 7947 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 18, 2014 Meeting called to order by Chairperson Michael Gingell at 9:37 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (20) EXCUSED ABSENCE WITH NOTICE: Hatchett. (1) Quorum present. Invocation given by Bill Dwyer Pledge of Allegiance to the Flag. Moved by Hoffman supported by McGillivray the minutes of the September 4, 2014 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Gershenson the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE d. Health & Human Services Department (DHHS)/Health Division – Transfer of Office of Substance Abuse Services (OSAS) to Oakland County Community Mental Health Authority (OCCMHA) and Deletion of Associated Positions Reason for suspension Waiver of Rule III – Resolution was taken up by the Human Resources Committee immediately prior to today’s meeting. (Was Direct Referral from General Government to both Human Resources Committee and Finance Committee.) Vote on Agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (20) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Chairperson Michael Gingell addressed the Board to inquire if there were any communications. 486 Commissioners Minutes Continued. September 18, 2014 Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from County Executive, L. Brooks Patterson re-appointing Jeffery Hauswirth and the Honorable Julie A. Nicholson effective as of May 1, 2014 to the Oakland County Zoological Authority Board for the next two year term; and Richard Strenger and Jody McLeod will continue as alternate representatives. There were no objections the appointments were confirmed. The following people addressed the Board during public comment: Jeanne Towar, Jody Rockamello, Maria Smith, Tim Smith and Rohnda Rockamello. Moved by Spisz supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 507. The resolutions on the amended Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #14213 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2014 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) 2014 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment of $26,724 is recommended to transfer funding from Sheriff Restricted funds Law Enforcement (LE) Enhance Sheriff (#21341) to the Sheriff General Fund General Purpose (GFGP) budget to cover the additional cost for the helicopter Air - 2 gear box overhaul; and WHEREAS a budget amendment of $294,000 is recommended to transfer $194,000 of funding from the Sheriff LE Enhance Lab Fees Restricted Fund to Sheriff’s Office GF/GP budget, Investigative/Forensic Service and to reallocate $100,000 from Sheriff’s Office Corrective Services Contracted Services to cover Forensic Lab/DNA Lab Enhancements; and WHEREAS the Sheriff's Office receipt of forfeiture/enhancement funds were previously posted to a liability account (deferred revenue) within the General Fund; due to the implementation of GASB 63, the deferred revenue account can no longer be used for this activity and these funds were moved to separate restricted funds that will require a transfer to the General Fund for use of the monies. Transfers In from the various restricted funds in the amount of $100,738 is being recognized for K-9 Program dog acquisition, eligible forensic lab, dispatch, officer's training, and Correction Officer Training Fund costs; and WHEREAS a budget amendment is recommended in the Sheriff’s Office to transfer $10,926 from Contracted Services to the Project Work Order Fund for the relocation of the Results Office to the South Oakland Building; and WHEREAS a budget amendment is recommended to move Commissions Contract revenue budget of $650,000 from Sheriff’s Administrative Services division to Sheriff’s Office Corrective Services division to reflect actual receipts; and WHEREAS a budget amendment is recommended to transfer $55,000 from the Animal Control Legacy Fund (#21310) to the Public Services/Animal Control General Fund Budget to cover expenditures in various line items; and WHEREAS a budget amendment of $5,204 is recommended in Economic Development & Community Affairs for operating revenues and expenditures related to the Elite 40 under 40 Conference; and WHEREAS a budget amendment of $18,526 is recommended in Economic Development & Community Affairs for operating revenues and expenditures related to the Fire and Ice Festival; and 487 Commissioners Minutes Continued. September 18, 2014 WHEREAS the Economic Development & Community Affairs received $24,000 for operating expenditures for the Business Roundtable and requests an amendment to accept this contribution; and WHEREAS a budget amendment is recommended to transfer $2,400 from the Circuit Court Special Projects account to the Emergency Salaries Reserve account in Non-Departmental to cover the costs of an Emergency Salary position (Senior Systems Analyst) that is assisting with data mapping and conversion in an effort to move the Juvenile Court operations from the County's mainframe system to the State's Trial Court System (TCS) case management system; and WHEREAS a budget amendment totaling $8,000 is recommended to reallocate funds from the Circuit Court General Jurisdiction's Civil Mediation Payments account (GL #240201) to the Judicial Administration's Professional Services expense account to partially offset expenses by the Oakland County Bar Association related to their assistance for case evaluation; and WHEREAS a budget amendment of $18,798 is recommended for the FY 2014 Secondary Road Patrol Grant to reallocate line item budgets to reflect Amendment #1 within 15% of grant award; and WHEREAS a budget amendment of $600 is recommended for the 2014 Michigan Drug Court Grant Fund (#27151) to reallocate line item budgets to reflect Amendment #1 within 15% of the current grant award; and WHEREAS a budget amendment of $101,526 is recommended to Friend of the Court’s Cooperative Reimbursement Program to recognize Amendment #1 within 15% of original agreement; and WHEREAS a budget amendment of $4,600 is recommended for the Community Corrections Comprehensive Plan Grant (#27370) to reallocate line item budgets to reflect Amendment #1 within 15% of grant agreement; and WHEREAS a budget amendment of $10,000 is recommended for the Community Corrections Comprehensive Plan Grant (#27370) to reallocate line item budgets to reflect Amendment #2 within 15% of the current grant award; and WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding Amendment #4 from MDCH through the Comprehensive Planning, Budgeting and Contracting (CPBC) Agreement in the amount of $181,215 which is less than fifteen percent of the original agreement required to accept each of the amendments via separate resolution; and WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding Amendment #5 from MDCH through the Comprehensive Planning, Budgeting and Contracting (CPBC) Agreement in the amount of $7,700 which is less than fifteen percent of the original agreement required to accept each of the amendments via separate resolution; and WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding from MDCH through the Substance Use Disorder Grant Agreement Amendment #3 in the amount of $39,020 which is less than fifteen percent of the original agreement required to accept each of the amendments via separate resolution; and WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding from MDCH through the Substance Use Disorder Grant Agreement Amendment #4 in the amount of $16,323 which is less than fifteen percent of the original agreement required to accept each of the amendments via separate resolution; and WHEREAS the Department of Information Technology has requested a budget amendment in the amount of $1,400,000 to re-appropriate funds previously approved by the Board for various IT projects such as, Medical Examiner’s, E-health, IT Print Management Services, Cyber Security and Collaborative Asset Management System (CAMS); funding is available in the IT Fund Net Assets-Designated for Projects; and WHEREAS a budget amendment of $8,986 is recommended to transfer fund from the Health HIV Surveillance Grant (#28558) to the Project Work Order Fund (#40400) to cover costs for one-time installation of an entrance door, telephone lines and connectivity per MR #13247 for the relocation of the State’s HIV office to the Oakland County South Oakland Health Center; and WHEREAS a budget amendment is recommended for the Fringe Benefit Fund to increase the budget for Retirement Health Saving Expense $2,132,875 based on the number of employees who voluntarily elected to irrevocably convert from the VEBA Plan to the RHS Plan (MR #14055) and Professional Services expense due to the Dependent Eligibility Audit $86,560, 2014 Special Medical Plan Open Enrollment $12,000 and Independent Audit of Blue Cross Blue Shield (BCBS) Claims $25,000; and 488 Commissioners Minutes Continued. September 18, 2014 WHEREAS a Parks and Recreation budget amendment is recommended to transfer Building Maintenance funds in the amount of $213,293 from the Facilities Maintenance cost center to various cost centers incurred during the third quarter of FY 2014; and WHEREAS the Parks and Recreation Commission has one (1) check unable to be processed due to insufficient funds amounting to $30.00 and recommends that the amount due and Non-Sufficient Fund Fees (NSF) for these checks be written off and deemed uncollectible; and WHEREAS Parks & Recreation received donations totaling $17 for various programs; and WHEREAS Health and Human Services Department received $500 donation which will be used to purchase produce for low-income families and Children’s Village received a donation of 2,017 new and gently used books, valued at $12,001. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2014 Third Quarter Financial Report. BE IT FURTHER RESOLVED that $8,000 be transferred in FY 2014 from the Circuit Court General Jurisdiction’s Civil Mediation Payments account (#10100-3010301-121150-240201) to the Judicial Administration’s Professional Services account to partially offset expenses by the Oakland County Bar Association related to their assistance for case evaluation. GENERAL FUND (#10100) Revenues FY 2014 3010301-121150-630245 Cir Crt Gen Jur – Civil Mediation Payments $ 8,000 Total Revenues $ 8,000 Expenditures 3010101-121100-731458 Professional Services $ 8,000 Total Expenditures $ 8,000 BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of Management and Budget and detailed in the attached schedules are authorized to be written off. BE IT FURTHER RESOLVED that the donations be recognized in the Parks and Recreation Department and the Health and Human Services Department. BE IT FURTHER RESOLVED that the FY 2014 Budget is amended pursuant to Schedules A and B. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Correspondence from Laurie Van Pelt, Director, Management and Budget, Letter of Transmittal – Fiscal Year 2014 Third Quarter Forecast on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #14214 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – PROPOSED CITY OF AUBURN HILLS DOWNTOWN DEVELOPMENT AUTHORITY-TAX CAPTURE-“OPT OUT” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS one of the tools used to promote this economic growth is tax increment financing used in conjunction with Downtown Development Authorities (DDAs) and Local Development Finance Authorities (LDFAs); and WHEREAS to review requests from the County’s cities, villages and townships to establish DDAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #99010, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee (Ad Hoc Committee) to evaluate and recommend to the Finance Committee on the County’s participation in these proposed authorities; and WHEREAS the DDA is currently in the process of amending its boundaries to halt property value deterioration and increase property tax valuation to promote economic growth; and WHEREAS the City and DDA held a public hearing on August 11, 2014, concerning the amended boundaries of the plan; and 489 Commissioners Minutes Continued. September 18, 2014 WHEREAS the DDA and the City appeared before the Ad Hoc Committee on September 4, 2014, to present the proposed plan; and WHEREAS faced with the legal mandate that the County act on the issue of tax capture exemption within 60 days of the August 11, 2014, public hearing, the Ad Hoc Committee recommends to the Finance Committee that the County exempt its taxes from capture by the proposed revised DDA; and WHEREAS the Ad Hoc Committee further recommends that the County, through its Corporation Counsel, attempt to negotiate a contract consistent with the DDA’s presentation to the Ad Hoc Committee on September 4, 2014. NOW THEREFORE BE IT RESOLVED that pursuant to Section Three (3) of 1975 Public Act 197, as amended, MCLA 125.1653(3), the Oakland County Board of Commissioners hereby exempts its taxes from capture by the Proposed Modifications to the TIF and City of Auburn Hills Downtown Development Plan. BE IT FURTHER RESOLVED that the County, through its Corporation Counsel, will negotiate a contract with the City and the DDA consistent with the concepts presented to the Ad Hoc Committee on September 4, 2014. BE IT FURTHER RESOLVED that when a contract is successfully negotiated, the County may revise its decision to exempt its taxes from capture by the DDA. 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 507.) *MISCELLANEOUS RESOLUTION #14215 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2014 HURON-CLINTON METROPOLITAN AUTHORITY TAX LEVY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Huron-Clinton Metropolitan Authority (HCMA) has requested that the Oakland County Board of Commissioners apportion a 0.2146 mill property tax rate, consistent with Michigan Law (MCL 211.34d(16)) the Headlee “amendment”; and WHEREAS the Finance Committee recommends the 2014 Huron-Clinton Metropolitan Authority rate be set at 0.2146 mills, the maximum allowable tax rate; and WHEREAS this rate will produce an estimated levy of $10,721,459 based on a final 2014 Taxable Value of $49,960,199,257. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2014 a tax rate of 0.2146 mills for the Huron-Clinton Metropolitan Authority, to be applied to the 2014 Taxable Value of all property located within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Correspondence from Rebecca L. Franchock, Controller, Huron-Clinton Metroparks and 2014 Tax Rate Request on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #14216 BY: General Government Committee, Christine Long, Chairperson IN RE: ESTABLISHMENT OF A SUBSTANCE USE DISORDER OVERSIGHT POLICY BOARD AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 490 Commissioners Minutes Continued. September 18, 2014 WHEREAS effective October 1, 2014, Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5), and changed the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department(DHHS)/Health Division to the Oakland County Community Mental Health Authority (OCCMHA); and WHEREAS the designation as the community mental health entity to assume the responsibilities of providing substance use disorder services requires OCCMHA to establish the Substance Use Disorder Oversight Policy Board, and by this Agreement OCCMHA and Oakland County intend to comply with that requirement; and WHEREAS the Oakland County Board of Commissioners shall appoint no more than two members to serve on the Substance Use Disorder Oversight Policy Board. The Board of Commissioners may appoint any combination of county commissioners or others as allowed by Michigan law that it deems best represents the interests of the County; and WHEREAS the previous Substance Abuse Advisory Council is thereby dissolved effective September 30, 2014; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Substance Use Disorder Oversight Policy Board agreement between the County of Oakland and the Oakland County Community Mental Health Authority. BE IT FURTHER RESOLVED there are no fiscal implications to Oakland County for these appointments. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendments on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement to Create Substance Use Disorder Oversight Policy Board Between Oakland County and the Oakland County Community Mental Health Authority Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION # 14217 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – AMENDMENT #5 AND #6 TO THE INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and the Oakland County Community Mental Health Authority (OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients; and WHEREAS an Interlocal Agreement between the County of Oakland and the Oakland County Community Mental Health Authority was approved by the Oakland County Board of Commissioners in 2010 by Miscellaneous Resolution #10236; and WHEREAS as of October 1, 2014, Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5), and changed the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department(DHHS)/Health Division to the Oakland County Community Mental Health Authority (OCCMHA); and WHEREAS the OCCMHA now as the designated substance abuse coordinating agency wishes to amend the Interlocal agreement to remove Medicaid services and include Prior Authorization and Central Evaluation (PACE) and Substance Abuse Disorder Health Education services; and WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., the agreement and subsequent amendments for provision of the assessments and compensation for the assessments must be an Intergovernmental Agreement; and WHEREAS Amendment #5 provides for the change in services to be provided by the County and the payment to be made by OCCMHA; and 491 Commissioners Minutes Continued. September 18, 2014 WHEREAS Amendment #6 provides for the changes to the sublease agreement between Oakland County and OCCMHA; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves Amendment #5 and Amendment #6 to the Interlocal Agreement between the County of Oakland and the Oakland County Community Mental Health Authority. BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendments on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Interlocal Agreement between Oakland County and the Oakland County Community Mental Health Authority Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14217) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – AMENDMENT #5 AND #6 TO THE INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY 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 approves Amendment #5 and Amendment #6 to the Interlocal Agreement between the County of Oakland and Oakland County Community Mental Health Authority (OCCMHA). 2. Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5), and changed the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department (DHHS)/Health Division to the OCCMHA. 3. The funding and services amend the initial FY 2010 Inter-Governmental contract (approved per MR #10236) with an allocation of $851,835 for PACE Services, $204,463 for Health Education Services, and $49,960 to provide a Substance Abuse Prevention Coordinator for a total of $1,106,258 in funding for this agreement. 4. Future level of services is contingent upon level of funding for this program. 5. The FY 2015, FY 2016 and FY 2017 Special Revenue budgets are amended as follows: OSAS ADULT BENEFIT WAIVER FUND (#28227) Budget Reference 2014/GR0000000272 FY 2015 – FY 2017 Amendment Revenues 1060261-134790-610313 Federal Operating Grants ( $ 61,302 ) 1060261-134790-615571 State Operating Grants ( 30,193 ) Total Revenues ( $ 91,495 ) Expenditures 1060261-134800-702010 Salaries ( $ 46,850 ) 1060261-134800-722740 Fringe Benefits ( 29,963 ) 1060261-134800-730366 Contract Administration ( 7,659 ) 1060261-134800-730926 Indirect Costs ( 7,023 ) Total Expenditures ( $ 91,495 ) CMH OSAS MEDICAID FUND (#28565) Budget Reference 2014/GR0000000208 492 Commissioners Minutes Continued. September 18, 2014 FY 2015 – FY 2017 Amendment Revenues 1060261-134790-610313 Federal Operating Grants ( $ 551,712 ) 1060261-134790-615571 State Operating Grants ( 271,738 ) Total Revenues ( $ 823,450 ) Expenditures 1060261-134800-702010 Salaries ( $ 421,646 ) 1060261-134800-722740 Fringe Benefits ( 269,665 ) 1060261-134800-730366 Contract Administration ( 68,934 ) 1060261-134800-730926 Indirect Costs ( 63,205 ) Total Expenditures ( $ 823,450 ) HEALTH MDPH OSAS FUND (#28249) Budget Reference 2014/GR0000000203 FY 2015 – FY 2017 Amendment Revenues 1060261-134790-610313 Federal Operating Grants ( $ 259,612 ) 1060261-134790-615571 State Operating Grants ( 53,174 ) 1060261-134795-610313 Federal Operating Grants 204,463 1060261-134796-610313 Federal Operating Grants 49,960 1060261-134800-610313 Federal Operating Grants 851,835 Total Revenues $ 793,472 Expenditures 1060261-133405-730373 Contracted Services ( $ 225,034 ) 1060261-133960-702010 Salaries ( 30,837 ) 1060261-133960-722740 Fringe Benefits ( 1,776 ) 1060261-133960-730366 Contract Administration ( 6,057 ) 1060261-133960-730926 Indirect Costs ( 4,622 ) 1060261-134795-702010 Salaries 101,980 1060261-134795-722740 Fringe Benefits 70,542 1060261-134795-730926 Indirect Costs 15,287 1060261-134795-731346 Personal Mileage 3,673 1060261-134795-731213 Membership Dues 450 1060261-134795-731388 Printing 5,000 1060261-134795-732018 Travel and Conference 1,327 1060261-134795-750245 Incentives 300 1060261-134795-750294 Materials and Supplies 400 1060261-134795-750392 Metered Postage 1,500 1060261-134795-750399 Office Supplies 600 1060261-134795-750567 Training-Educational Supplies 2,500 1060261-134795-770631 Bldg Space Cost Allocation 904 1060261-134796-702010 Salaries ( 5,203 ) 1060261-134796-722740 Fringe Benefits 10,733 1060261-134796-730926 Indirect Costs ( 780 ) 1060261-134796-732018 Travel and Conference 350 1060261-134796-731346 Personal Mileage 400 1060261-134800-702010 Salaries 468,496 1060261-134800-722740 Fringe Benefits 299,628 1060261-134800-730926 Indirect Costs 70,228 1060261-134800-731346 Personal Mileage 467 1060261-134800-731388 Printing 500 1060261-134800-731997 Client Transportation 100 1060261-134800-732018 Travel and Conference 1,500 1060261-134800-750392 Metered Postage 1,133 493 Commissioners Minutes Continued. September 18, 2014 1060261-134800-750567 Training-Educational Supplies 1,200 1060261-134800-774637 Info Tech Managed Print Svcs 300 1060261-134800-774677 Insurance Fund 1,850 1060261-134800-778575 Telephone Communications 6,433 Total Expenditures $ 793,472 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #14218 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2014/2015 FAMILY CENTER FOR CHILDREN AND YOUTH WITH SPECIAL HEALTH CARE NEEDS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Family Center for Children and Youth with Special Health Care Needs (FCCYSHCN)/Southeastern Michigan Health Association (SEMHA), has awarded a grant to the Oakland County Health Division for outreach efforts, parent input and feedback, and family involvement into the Children’s Special Health Care Services (CSHCS) local health department policy and procedure process; and WHEREAS the grant period is for one year beginning September 1, 2014 through August 31, 2015; and WHEREAS grant funding is in amount of $7,355; and WHEREAS no personnel have been requested to carry out this program; and WHEREAS this Grant Agreement has been submitted through the County Executive's Contract Review Process and is recommended for approval with negotiated modifications. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FCCYSHCN/SEMHA Agreement in the amount of $7,355, beginning September 1, 2014 through August 31, 2015. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Grant Agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14218) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2014/2015 FAMILY CENTER FOR CHILDREN AND YOUTH WITH SPECIAL HEALTH CARE NEEDS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Children’s Special Health Care Services (CSHCS)/Southeastern Michigan Health Association (SEMHA) has awarded the Oakland County Health Division funding in the amount of $7,355 to improve communication and obtain satisfaction and program improvement suggestions by implementing a systematic process of gathering email addresses. 2. This is the first year for the application. 3. The grant funding period is September 1, 2014 through August 31, 2015. 4. Funding will be used for outreach efforts to families regarding the (CSHCS) program and benefits, 494 Commissioners Minutes Continued. September 18, 2014 as well as, increase parent input and obtain feedback from families in the community regarding improvements in the system of care and how to more successfully involve, support and incorporate family involvement into the Local Health Department (LHD) policy and procedure process. 5. No County match is required with this grant. 6. The application and acceptance of this grant does not obligate the county to any future commitment and continuation of the grant is contingent upon future levels of grant funding. 7. The following budget amendment is recommended to the FY 2015 Budget: GENERAL FUND (#10100) FY 2015 Amendment Revenues 1060231-134420-631799 Reimb Contracts $ 7,355 9010101-196030-665882 Planned Use of Balance ( $ 7,355 ) Total Revenues -0- FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #14219) BY: Human Resources Committee, John Scott, Chairperson IN RE: HEALTH & HUMAN SERVICES DEPARTMENT (DHHS)/HEALTH DIVISION – TRANSFER OF OFFICE OF SUBSTANCE ABUSE SERVICES (OSAS) TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (OCCMHA) AND DELETION OF ASSOCIATED POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on September 18, 2014 reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #14219 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH & HUMAN SERVICES DEPARTMENT (DHHS)/HEALTH DIVISION – TRANSFER OF OFFICE OF SUBSTANCE ABUSE SERVICES (OSAS) TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (OCCMHA) AND DELETION OF ASSOCIATED POSITIONS To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5), changing the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department (DHHS)/Health Division to the Oakland County Community Mental Health Authority (OCCMHA); and WHEREAS MCL 330.1287(8) states “Being no later than October 1, 2014, or at the time of implementation of the changes in this chapter are complete, whichever is sooner, department-designated community mental health entities are coordinating agencies for purposes of receiving any funds statutorily required to be distributed to coordinating agencies.”; and WHEREAS the Prior Authorization and Central Evaluation (PACE) function will remain within the DHHS/Health Division; and WHEREAS the Substance Abuse Disorder Health Education function will also remain within the DHHS/Health Division; and WHEREAS functions related to the administration of substance abuse disorder services will transition to OCCMHA; and WHEREAS the positions associated with the administration of substance abuse disorder services within the DHHS/Health Division shall be deleted; and WHEREAS these changes shall be effective September 30, 2014. 495 Commissioners Minutes Continued. September 18, 2014 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes that the department designated community mental health entity is now Oakland County Community Mental Health Authority (OCCMHA). BE IT FURTHER RESOLVED to delete the following Oakland County positions: Position Number Classification Funding 1060261-01942 Account Clerk II SR 1060261-02963 Office Supervisor I GF/GP 1060261-07153 Technical Assistant SR 1060261-07398 Substance Abuse Program Analyst SR 1060261-07499 Substance Abuse Program Analyst SR BE IT FURTHER RESOLVED that these changes shall be effective September 30, 2014. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #14219) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH & HUMAN SERVICES DEPARTMENT (DHHS)/HEALTH DIVISION – TRANSFER OF OFFICE OF SUBSTANCE ABUSE SERVICES (OSAS) TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (OCCMHA) AND DELETION OF ASSOCIATED POSITIONS 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. Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5) changing the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department (DHHS)/Health Division to the Oakland County Mental Health Authority (OCCMHA). 2. MCL 330.1287(8) states that effective no later than October 1, 2014 “department-designated community mental health entities are coordinating agencies for purposes of receiving any funds statutorily required to be distributed to coordinating agencies”. 3. Previous years General Appropriations Act resolutions included that 50% of convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, PA 106 of 1985 be earmarked for substance abuse programs. 4. Effective FY 2015 the General Appropriations Act resolution be amended to reflect that “the proceeds received by the taxing unit shall be distributed to the designated coordinating agency pursuant to section 6226 of the public health code, 1978 PA 368 , MCL 333.6226, and used only for substance abuse prevention and treatment programs in the county from which the proceeds originated”. Such language has been incorporated into the Fiscal Year 2015 General Appropriations Act and 2015 County General Property Tax Rates resolution scheduled for the September 18, 2014 Board of Commissioners meeting agenda. 5. The Oakland County restricted fund balance for substance abuse prevention and treatment programs (GL #381352) is $4,366,139.67 and does not reflect the complete FY 2014 activity. 6. Effective October 1, 2014 the County will transfer $3,866,139.67 of the $4,366,139.67 substance abuse restricted fund balance to OCCMHA, as the substance abuse coordinating agency, to be used for substance abuse prevention and treatment programs in Oakland County. 7. The remaining $500,000 substance abuse restricted fund balance will be withheld until the FY 2014 year-end close is completed with any additional payments due to OCCMHA, and applicable budget amendments, to be included in the FY 2014 Year-End Report. 8. Effective with FY 2015 convention facility tax revenue distributions, the County will pay 50% of the distribution to OCCMHA after the County receives the payment from the State of Michigan; such distribution to OCCMHA will be based on a mutually agreed upon timeframe between Oakland County and OCCMHA. 9. With the change of the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department (DHHS)/Health Division to the Oakland County Mental Health Authority (OCCMHA) one (1) GF/GP Office Supervisor I position (#1060261- 496 Commissioners Minutes Continued. September 18, 2014 02963); one (1) SR Account Clerk II position (#1060261-01942); one (1) SR Technical Assistant position (#1060261-07153); and two (2) SR Substance Abuse Program Analyst positions (#1060261-07398 and 07499) will be deleted effective September 30, 2014 in the SA Admin Treatment and PACE units of the Health Division. 10. The SR positions were not included in the FY 2015 – FY 2017 County Executive Recommended Budget therefore no budget amendment is required. 11. The FY 2015, FY 2016 and FY 2017 budgets are amended as follows: GENERAL FUND (#10100) FY2015 FY 2016 – FY 2017 Amendment Amendment Revenues 9010101-196030-665882 Planned Use of Balance $ 3,866,140 $ 0 Total Revenues $ 3,866,140 $ 0 Expenditures 1060261-134790-731682 Satellite Centers ( $ 1,820,000 ) ( $ 1,820,000 ) 9010101-134790-740160 Substance Abuse Coord Agency 5,686,140 1,820,000 Total Expenditures $ 3,866,140 $ 0 GENERAL FUND (#10100) FY 2015 FY 2016 – FY 2017 Amendment Amendment Revenues 9010101-196030-665882 Planned Use of Balance ( $ 80,917 ) ( $ 80,917 ) Total Revenues ( $ 80,917 ) ( $ 80,917 ) Expenditures 1060261-134790-702010 Salaries ( $ 46,378 ) ( $ 46,378 ) 1060261-134790-722750 Workers Comp ( 104 ) ( 104 ) 1060261-134790-722760 Group Life ( 143 ) ( 143 ) 1060261-134790-722770 Retirement ( 9,721 ) ( 9,721 ) 1060261-134790-722780 Hospitalization ( 18,597 ) ( 18,597 ) 1060261-134790-722790 Social Security ( 3,548 ) ( 3,548 ) 1060261-134790-722800 Dental ( 1,460 ) ( 1,460 ) 1060261-134790-722810 Disability ( 672 ) ( 672 ) 1060261-134790-722820 Unemployment Insurance ( 148 ) ( 148 ) 1060261-134790-722850 Optical ( 146 ) ( 146 ) Total Expenditures ( $ 80,917 ) ( $ 80,917 ) FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #14206 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT/HEALTH & HUMAN SERVICES DEPARTMENT – NEW CLASSIFICATION AND POSITION OF LACTATION SPECIALIST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Comprehensive Planning Budgeting and Contracting (CPBC) grant, MR #13270, amendment #4, was received with approval from the Oakland County Health & Human Services Department; and WHEREAS the amendment is intended to allow the Health & Human Services Department to provide lactation support services to pregnant and breastfeeding clients of the Woman, Infant and Children (WIC) program; and WHEREAS this would be accomplished by staff providing support, encouragement, and knowledge on common breastfeeding practices and concerns to approximately 930-950 pregnant and breastfeeding WIC clients, including traveling approximately 8 hours per month to hospitals, human service agencies or providers locations; and 497 Commissioners Minutes Continued. September 18, 2014 WHEREAS to aid in providing this service, the Human Resources Department proposes to create a new classification and position of Lactation Specialist, Full Time Eligible at a flat rate of $13.00 per hour within in the Health & Human Services Department; and WHEREAS the position of Lactation Specialist would be 100% grant funded through the CBPC grant including the salary, wages, travel, and all incidentals to complete the job; and WHEREAS this funding is available from Amendment #4 and will be reflected in the 3rd Quarter Forecast from Fiscal Services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves to create a new classification of Lactation Specialist, excluded from the Salary Administration Plan, with a flat rate of $13.00 per hour. BE IT FURTHER RESOLVED to create one (1) SR funded, Full Time Eligible Lactation Specialist position in Health and Human Services Department, Health Division, Unit number 1060284. BE IT FURTHER RESOLVED that continuation of this position would be contingent upon future grant funding. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #14206) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT/HEALTH & HUMAN SERVICES DEPARTMENT NEW - CLASSIFICATION AND POSITION OF LACTATION SPECIALIST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Community Health (MDCH) through the Comprehensive Planning, Budgeting and Contracting (CPBC) grant is anticipated to award the Oakland County Health Division funding in the amount of $141,259 under the WIC (Women, Infants and Children) Breastfeeding program. 2. The Oakland County Health Division is proposing the creation of one (1) Special Revenue funded, full time eligible Lactation Specialist position to provide lactation support services to pregnant and breastfeeding clients of the Women, Infants and Children (WIC) program. 3. The Lactation Specialist will also provide support, encouragement, and knowledge on common breastfeeding practices and concerns to clients of the WIC program through routine contact during their breastfeeding experience, including visits at hospitals, clinics, and human service agencies. 4. The annual cost of the position is $27,040.00 in salaries and $25,628 in fringe benefits, for a total annual cost of $52,668. 5. An amendment is included in the FY 2014 3rd Quarter Forecast resolution which provides funding to perform these services for the remainder of FY 2014 using Contracted Services. 6. The position will not be filled until the FY 2015 CPBC grant allocation is awarded and accepted by the Board of Commissioners. A budget amendment will be included with the grant acceptance. 7. The future level of service, including personnel, will be contingent upon the level of funding available from the State. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #14207 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 498 Commissioners Minutes Continued. September 18, 2014 WHEREAS as a result of improvements in the economy, an increase in the filling of vacant positions and changes from federal and state regulations that impact employee benefits, the Human Resources Department has examined its operations and future personnel requirements; and WHEREAS several position changes are needed to align staff with department needs; and WHEREAS we are experiencing an increase in the requests to fill County positions, thus increasing the workload of the Recruitment and Workforce Planning area of the Human Resources Department; and WHEREAS a need has been identified for a position to market the County as an employer of choice in order to attract and retain a qualified workforce; and WHEREAS in addition to marketing, this position will also focus on creating materials for job fairs and advertising, coordinating the onboarding of new employees and an exit interview program and efforts to retain current employees; and WHEREAS an Office Assistant II is currently under-filling a Human Resources Analyst II position in the Recruitment and Workforce Planning Unit; and WHEREAS is it proposed to create one (1) full-time eligible GF/GP Office Assistant II position in the Workforce Management Division, Recruitment & Workforce Planning Unit (#1050402), at the three year step, to continue to provide clerical support to the Recruitment function of the division, thus freeing up the Human Resources Analyst II position to perform Recruitment and Workforce Planning duties; and WHEREAS it has also been determined that a working supervisor is now needed to oversee the daily workflow of the compensation and classification area due to the increasing demands of the Recruitment area that currently shares a supervisor position; and WHEREAS it is requested to create a new classification titled Compensation & Classification Supervisor at a salary grade 14, overtime exempt; and WHEREAS the Employee Benefits Unit in the Benefits Administration Division has a need for a Human Resources Analyst I position to provide analytical support to the unit because of implementation and changes as a result of State of MI PA 152 of 2011 and the Affordable Care Act; and WHEREAS it is important for the County to ensure compliance with regulations in order to avoid fees and penalties, as well as continue to offer a benefits package that is competitive with the local labor market; and WHEREAS it is proposed to create one (1) PR funded full-time eligible Human Resources Analyst I position in the Benefits Unit (#1050520); and WHEREAS a recent Miscellaneous Resolution from a Management and Budget reorganization has savings that can be applied to the GF/GP funded Human Resources position changes; and WHEREAS these changes result in no extra GF/GP funding needed and PR funding is available within the Fringe Benefit Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Human Resources Department to create a new classification titled Compensation & Classification Supervisor, at a salary grade 14, overtime exempt. BE IT FURTHER RESOLVED to create one (1) GF/GP full-time eligible Office Assistant II position, at the three year step, in the Workforce Planning Division, Recruitment and Workforce Planning Unit (#1050402). BE IT FURTHER RESOLVED to create one (1) PR funded full-time eligible Human Resources Analyst I position in the Benefits Administration Division, Employee Benefits Unit (#1050520). Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #14207) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – POSITION CHANGES 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 has examined its operations and future personnel requirements and a need for a position to market the County as an employer of choice in order to attract and retain a qualified workforce has been identified. 499 Commissioners Minutes Continued. September 18, 2014 2. This position will also focus on creating materials for job fairs and advertising, coordinating the onboarding of new employees and an exit interview program and efforts to retain current employees. 3. It is proposed to create one (1) full-time eligible GF/GP Office Assistant II position in the Workforce Management Division, Recruitment & Workforce Planning Unit (#1050402), at the three year step, to continue to provide clerical support to the Recruitment function of the division. 4. The Employee Benefits Unit in the Benefits Administration Division has a need for a Human Resources Analyst I position to provide analytical support to the unit because of implementation and changes as a result of State of MI PA 152 of 2011 and the Affordable Care Act. 5. It is proposed to create one (1) PR funded full-time eligible Human Resources Analyst I position in the Benefits Unit (#1050520). 6. It is also proposed to increase the HR Workforce Recruitment line item by $4,200 due to a need for additional recruitment funding. 7. It has also been determined that a working supervisor is now needed to oversee the daily workflow of the compensation and classification area due to the increasing demands of the Recruitment area that currently shares a supervisor position and it is requested to create a new classification titled Compensation & Classification Supervisor at a salary grade 14, overtime exempt. 8. Miscellaneous Resolution #14191 titled Department of Management and Budget Position Modifications contained savings of $67,275 that can be applied toward the GF/GP Human Resource position and Recruitment Expense line item changes totaling $67,249; resulting in no additional GF/GP funding being required. 9. Funding for the PR funded Human Resources Analyst I position is available within the Fringe Benefit Fund. 10. The FY 2015-2017 Budget is amended as follows: GENERAL FUND (#10100) FY 2015-FY 2017 Revenues 10100 9010101 196030 665882 Planned Use of Balance $ 67,249 Total Revenue $ 67,249 Expenditures 10100 1050402 183020 702010 Salaries $ 34,509 10100 1050402 183020 722900 Fringe Benefit Adjustments $ 28,540 10100 1050402 183020 731570 Recruitment Expense $ 4,200 Total Expenditures $ 67,249 FRINGE BENEFIT FUND (#67800) Expenditures 67800 1050520 183160 702010 Salaries $ 45,660 67800 1050520 183160 722900 Fringe Benefit Adjustments $ 32,886 67800 9011501 183190 730870 Hospitalization ( $ 78,546 ) Total Expenditures $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #14208) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS – WONCH LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends the following amendment: 500 Commissioners Minutes Continued. September 18, 2014 Change the 3rd WHEREAS paragraph: WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 10275 Sashabaw Road, Waterford Clarkston, MI 48348 to Cecilia Wonch and Tyler Williams for a period commencing August September 1, 2014 through December 31, 2019; and Under the 4th WHEREAS paragraph, correct the beginning date of the 2014/2015 lease period: August September 1, 2014 – December 31, 2015 Include after the last BE IT FURTHER RESOLVED paragraph: Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #14208 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS – WONCH LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a 1368-square foot house, identified as 10275 Sashabaw Road, Clarkston, MI 48348, is located on the grounds of Independence Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 10275 Sashabaw Road, Waterford, MI 48348 to Cecilia Wonch and Tyler Williams for a period commencing August 1, 2014 through December 31, 2019; and WHEREAS under the terms and conditions of the attached Lease Agreement Cecilia Wonch and Tyler Williams will pay rent as follows: August 1, 2014 – December 31, 2015 $638.00 per month January 1, 2016 – December 31, 2016 $650.00 per month January 1, 2017 – December 31, 2017 $663.00 per month January 1, 2018 – December 31, 2018 $677.00 per month January 1, 2019 – December 31, 2019 $690.00 per month each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Cecilia Wonch and Tyler Williams. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Cecilia Wonch and Tyler Williams, which may be required. PLANNING AND BUILDING COMMITTEE Copy of Parks and Recreation Resolution, Residential Lease Agreement Incorporated by Reference. Original on file in County Clerk’s Office Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14208) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS-WONCH LEASE 501 Commissioners Minutes Continued. September 18, 2014 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland is owner of Independence Oaks County Park. 2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 1,368-square foot house, identified as 10275 Sashabaw Road, Clarkston, Michigan, to Cecilia Wonch and Tyler Williams. 3. Lease period runs from September 1, 2014 through December 31, 2019. 4. Attached Lease Agreement specifies the rent to be paid Oakland County from Cecilia Wonch and Tyler Williams. 5. No budget amendment is required as revenues for this rental are included in the FY 2014 – FY 2016 budget. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #14209) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WATERFORD OAKS - ROWLAND LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends the following amendments: Change the 2nd WHEREAS Paragraph: WHEREAS a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, MI 48386 48328, is located on the grounds of Waterford Oaks County Park; and Change the 3rd WHEREAS paragraph: WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 2866 Watkins Lake Road, Waterford, MI 48386 48328 to Ila Rowland for a period commencing January 1, 2015 through December 31, 2019; and Include after the last BE IT FURTHER RESOLVED paragraph: Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #14209 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WATERFORD OAKS – ROWLAND LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and WHEREAS a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, MI 48386, is located on the grounds of Waterford Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 2866 Watkins Lake Road, Waterford, MI 48386 to Ila Rowland for a period commencing January 1, 2015 through December 31, 2019; and WHEREAS under the terms and conditions of the attached Lease Agreement Ila Rowland will pay rent as follows: January 1, 2015 – December 31, 2015 $776.00 per month January 1, 2016 – December 31, 2016 $791.00 per month January 1, 2017 – December 31, 2017 $807.00 per month January 1, 2018 – December 31, 2018 $823.00 per month 502 Commissioners Minutes Continued. September 18, 2014 January 1, 2019 – December 31, 2019 $840.00 per month each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Ila Rowland. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Ila Rowland, which may be required. PLANNING AND BUILDING COMMITTEE Copy of Parks and Recreation Resolution, Residential Lease Agreement Incorporated by Reference. Original on file in County Clerk’s Office. FISCAL NOTE (MISC. #14209) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WATERFORD OAKS-ROWLAND LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland is owner of Waterford Oaks County Park. 2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, Michigan, to Ila Rowland. 3. Lease period runs from January 1, 2015 through December 31, 2019. 4. Attached Lease Agreement specifies the rent to be paid Oakland County from Ila Rowland. 5. No budget amendment is required as revenues for this rental are included in the FY 2014 – FY 2016 budget. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #14210) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WHITE LAKE OAKS – RATLEDGE LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends the following amendments: Include after the last BE IT FURTHER RESOLVED paragraph: Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE 503 Commissioners Minutes Continued. September 18, 2014 MISCELLANEOUS RESOLUTION #14210 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WHITE LAKE OAKS – RATLEDGE LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of White Lake Oaks County Park; and WHEREAS a 600-square foot house, identified as 1540 Orchard Street, White Lake, MI 48386, is located on the grounds of White Lake Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 1540 Orchard Street, White Lake, MI 48386 to Brian Ratledge for a period commencing January 1, 2015 through December 31, 2019; and WHEREAS under the terms and conditions of the attached Lease Agreement Brian Ratledge will pay rent as follows: January 1, 2015 – December 31, 2015 $446.00 per month January 1, 2016 – December 31, 2016 $455.00 per month January 1, 2017 – December 31, 2017 $464.00 per month January 1, 2018 – December 31, 2018 $474.00 per month January 1, 2019 – December 31, 2019 $483.00 per month each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Brian Ratledge. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Brian Ratledge, which may be required. PLANNING AND BUILDING COMMITTEE Copy of Parks and Recreation Resolution, Residential Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14210) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – WHITE LAKE OAKS – RATLEDGE LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland is owner of White Lake Oaks County Park. 2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 600-square foot house, identified as 1540 Orchard Street, White Lake, Michigan, to Brian Ratledge. 3. Lease period runs from January 1, 2015 through December 31, 2019. 4. Attached Lease Agreement specifies the rent to be paid Oakland County from Brian Ratledge. 5. No budget amendment is required as revenues for this rental are included in the FY 2014 – FY 2016 budget. FINANCE COMMITTEE (The vote for this motion appears on page 507.) 504 Commissioners Minutes Continued. September 18, 2014 *MISCELLANEOUS RESOLUTION #14211 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: CIRCUIT COURT – FAMILY DIVISION – OAKLAND COUNTY CHILD CARE FUND BUDGET 2014-2015 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, 2014 through September 30, 2015; 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 2014-2015 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Unit, Department of Human Services. Chairperson on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary Michigan Department of Human Services (DHS) Child and Family Services on file in Clerk’s office. FISCAL NOTE (MISC. #14211) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2014- 2015 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, 2014 through September 30, 2015. 3. The application reflects $35,655,292 in gross expenditures and $2,300,000 in offsetting revenues, leaving a net expenditure of $33,355,292. The Child Care fund reimburses 50% for all Child Care Fund eligible expenditures of $33,355,292, rendering a State reimbursement of $16,677,646 should the State approve the budget and the County expend all funds listed in the application. 4. The application reflects an approximate .17% increase from last year’s application totaling $57,581. 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 2015 Finance Committee Recommendation by approximately 11.58% or $1,929,813. 6. If necessary, a budget amendment will be recommended at the time of the contract agreement. FINANCE COMMITTEE 505 Commissioners Minutes Continued. September 18, 2014 Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). There were no items to report on the Regular Agenda for the Finance Committee. MISCELLANEOUS RESOLUTION #14220 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES - HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – THE TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS The Township of Holly, has executed the attached Interlocal Agreement Amendment; and WHEREAS The Township of Holly has agreed to pay seventy-five percent of the total estimated cost of two sirens; and WHEREAS consistent with the Original Interlocal Agreement (reference Miscellaneous Resolution #12300), The Township of Holly agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Severe Weather Warning System Interlocal Agreement Amendment with the Township of Holly and authorizes the Board Chairperson to execute the agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and The Township of Holly. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE THE TOWNSHIP OF HOLLY TORNADO SIRENS BUDGET SUMMARY Purchase of two warning sirens: THE TOWNSHIP OF HOLLY (75%) $34,500.00 OAKLAND COUNTY (25%) $11,500.00 TOTAL COST OF TWO SIRENS: $46,000.00 Breakdown of siren costs: One Siren- Pole Mounted $17,500.00 Siren Model 2001 2-Way Siren Controls Batteries Cable Transformer, Rectifier 506 Commissioners Minutes Continued. September 18, 2014 Decoder Installation $5,500.00 Antenna Battery Warmers Total $23,000.00 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. Copy of Amendment #1 to Severe Weather Warning System Interlocal Agreement between Oakland County and Holly Township, Holly Township Board of Trustees August 20, 2014 Regular Meeting Synopsis, Oakland County Outdoor Warning Sirens map and 2012 Severe Weather Warning System Interlocal Agreement between Oakland County and Holly Township Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. There were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #14221 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – 2014 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 2014, the Water Resources Commissioner proposes to assess 29 separate Lake Level Districts for the total aggregate amount of $432,600.00 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 19 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 2014, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $432,600.00, being the sum total of assessments for the said year to be assessed against the befitting properties and government entities comprising the assessment rolls of 29 separate Lake Level Districts itemized on the listing hereto, including 19 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 Oakland County Water Resources Commissioner Memorandum from Steven A. Korth, P.E., Manager, Oakland County Water Resources Commissioner 2014 Lake Levels Detail Summary by Community, Oakland County Water Resources Commissioner 2014 Lake Level Drain Assessments for Maintenance and Operation and Oakland County Water Resources Commissioner 2014 Lake Levels Detail Summary by Project on file in County Clerk’s office. FISCAL NOTE (MISC. #14221) BY: Finance Committee, Tom Middleton, Chairperson 507 Commissioners Minutes Continued. September 18, 2014 IN RE: WATER RESOURCES COMMISSIONER - 2014 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 $432,600.00 for the year 2014 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 $1,260.65 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 23, 2014, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #14222 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – 2014 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; and WHEREAS for the year 2014, the Water Resources Commissioner proposes to assess 56 Drainage Districts the total aggregate amount of $412,188.13 for the maintenance, operation, clean out and repair of 56 drains. 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 2014, for the purpose of operating, maintaining, cleaning out and repairing 56 drains located in Oakland County, the total aggregate amount of $412,188.13, 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 56 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 Oakland County Water Resources Commissioner Memorandum from Steven A. Korth, P.E., Manager, Oakland County Water Resources Commissioner 2014 Chapter 4 Drains Detail Summary by Community, Oakland County Water Resources Commissioner 2014 Chapter 4 Drain Assessments for Maintenance and Operation and Oakland County Water Resources Commissioner 2014 Chapter 4 Drains Detail Summary by Project on file in County Clerk’s office. FISCAL NOTE (MISC. 14222) BY: Finance Committee, Tom Middleton, Chairperson 508 Commissioners Minutes Continued. September 18, 2014 IN RE: WATER RESOURCES COMMISSIONER - 2014 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 $412,188.13 for the year 2014 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 56 Chapter 4 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $30,744.93 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 for 30 days until the October 23, 2014, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #14223 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2014 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; and WHEREAS for the year 2014, the Water Resources Commissioner proposes to assess 55 Drainage Districts the total aggregate amount of $211,300.00 for the maintenance, operation, cleanout and repair of 55 drains. 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 2014, for the purpose of operating, maintaining, cleaning out and repairing 55 drains located in Oakland County, the total aggregate amount of $211,300.00, 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 55 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 Oakland County Water Resources Commissioner Memorandum from Steven A. Korth, P.E., Manager, Oakland County Water Resources Commissioner 2014 Chapter 18 Drains Detail Summary by Community, Oakland County Water Resources Commissioner 2014 Chapter 18 Drain Assessments for Maintenance and Operation and Oakland County Water Resources Commissioner 2014 Chapter 18 Drains Detail Summary by Project on file in County Clerk’s office. 509 Commissioners Minutes Continued. September 18, 2014 FISCAL NOTE (MISC. #14223) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2014 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 $211,300.00 for the year 2014 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 55 Chapter 18 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $30,874.46 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 23, 2014, Board meeting. There were no objections. There were no items to report on the Regular Agenda for the Public Services Committee. Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the FY 2015 General Appropriations ACT. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. REPORT (MISC. #14224) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: FISCAL YEAR 2015 SALARY RECOMMENDATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the Fiscal Year 2015 Salary Recommendations Report from the Human Resources Committee recommends the following amendment: Insert as 4a. the following: 4a. NOW THEREFORE BE IT RESOLVED currently elected and serving County Board of Commission Members Jeff Matis, John Scott, (add additional Commissioners as desired), if elected to a new term of office for the years 2015 and 2016, hereby commit to freezing any compensation paid for their service as Oakland County Commissioners at the level paid for calendar year 2014 and state that they shall immediately donate and return to the County of Oakland any compensation established for the Office of Oakland County Commissioner that exceeds the level established and paid for the office of County Commissioner for calendar year 2014. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE REPORT (MISC. #14224) BY: Human Resources Committee, John Scott, Chairperson IN RE: FISCAL YEAR 2015 SALARY RECOMMENDATIONS To The Finance Committee and Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee recommends the following actions: 1. Increase the current salary ranges for salary grades 1-21 by a 3.0% general salary increase for Fiscal Year 2015, which begins September 20, 2014. 2. Increase the current salary ranges for all remaining classifications not represented by bargaining units by a 3% general salary increase for Fiscal Year 2015, including appointed officials, classes 510 Commissioners Minutes Continued. September 18, 2014 designated as exceptions to salary grades 1-21, part-time and hourly classes, students, and summer and seasonal classes but excluding: a. Circuit, Probate and District Court Judges which are currently at the maximum rate allowed b. Oakland County Road Commission members c. Board of Commissioners and all other elected officials whose salaries are addressed below 3. Provide a 3% salary adjustment to the County Executive, Prosecuting Attorney, County Clerk/Register of Deeds, Water Resources Commissioner, Sheriff, and County Treasurer effective September 20, 2014. 4. Provide a 3% adjustment for County Commissioners effective January 1, 2015, and a 2% salary adjustment effective January 1, 2016. Create the following new classifications: Chief – CHPIS Chief – P&R Business Strategy & Development Emergency Management Operations Supervisor Delete the following classifications: Supervisor Golf Revenue & Operations Increase annual Tuition Reimbursement maximums from $800 to $1,400 per semester, and from $2,400 to $4,200 annually. Further that no transfer of fund is required for these increases since sufficient funds have been budgeted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE COUNTY OF OAKLAND FISCAL YEAR 2015 BUDGET GENERAL APPROPRIATIONS ACT MISCELLANEOUS RESOLUTION #14224 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FISCAL YEAR 2015 GENERAL APPROPRIATIONS ACT AND 2015 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 2015 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $801,860,013 for Fiscal Year 2015, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of Oakland on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained; to define the powers and duties of the County's officers in relation to that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with information by the departments, boards, commissions and offices relating to their financial needs, revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution; and 511 Commissioners Minutes Continued. September 18, 2014 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 2015 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 $48,000 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 $34,080) and the Sheriff's Department (5/17 or $13,920). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to cover the total costs incurred in Fiscal Year 2015 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. BE IT FURTHER RESOLVED that $1,820,000, or one-half of the $3,640,000 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. The proceeds received by the taxing unit shall be distributed to the designated coordinating agency pursuant to section 512 Commissioners Minutes Continued. September 18, 2014 6226 of the public health code, 1978 PA 368, MCL 333.6226, and used only for substance abuse prevention and treatment programs in the county from which the proceeds originated. 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 2015 a County General Property Tax Levy of 4.1900 Mills to be applied to the 2015 Taxable Value of all property located within their respective jurisdictions. BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization Director including the examination of the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value and to make recommendation to that fact to the County Board of Commissioners. BE IT FURTHER RESOLVED that: 1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful and necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed fiscal year and estimated expenditures, or amended budget, for the current fiscal year, (b) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, (c) Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year, 513 Commissioners Minutes Continued. September 18, 2014 (d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal years, (e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years, (g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (h) An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service, and enterprise funds, (i) A comparison of the revenue and expenditure amounts in the recommended budget to the most recently approved budget adopted by the Board of Commissioners with appropriate explanation of the variances, (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in, which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. (b) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the most recently approved current year budget, together with an analysis and explanation of the variances there from, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 514 Commissioners Minutes Continued. September 18, 2014 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. 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 515 Commissioners Minutes Continued. September 18, 2014 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 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 516 Commissioners Minutes Continued. September 18, 2014 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 #81012 and modified by Miscellaneous Resolution #96024. (f) The transfer of funds to the Capital Improvement Fund and Building Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer 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 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 517 Commissioners Minutes Continued. September 18, 2014 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 #93156, 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 #93135 (Bad Debt Write-Off Policy) and Miscellaneous Resolution #12048 (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 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 518 Commissioners Minutes Continued. September 18, 2014 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 continuing debt covenants the Department of Management and Budget and Treasurer’s Office are hereby directed to take any and all ministerial actions that may be necessary to facilitate the payment of the principal and interest on all debt obligations that have been authorized through separate action by the Board of Commissioners and the payment of all other obligations. FINANCE COMMITTEE Moved by Middleton supported Woodward the resolution be adopted. Moved by Middleton supported by Jackson the Finance Committee and the Human Resources Committee Reports be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Middleton supported by Jackson the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Spisz supported by Scott the resolution be amended as follows: Please amend line item 4., on the Human Resources Committee Report as follows: 4. Provide a 3% 0% adjustment for County Commissioners effective January 1, 2015, and a 2% 0% salary adjustment effective January 1, 2016. Vote on amendment: AYES: Gosselin, Long, Runestad, Scott, Spisz, Weipert, Bosnic, Dwyer. (8) NAYS: Gershenson, Gingell, Hoffman, Jackson, Matis, McGillivray, Middleton, Taub, Woodward, Zack, Crawford. (11) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Chairperson Michael Gingell addressed the Board and stated that the following amendment is Bipartisan as follows: Moved by Woodward, Zack, Taub and Dwyer; and supported by Middleton and Gershenson the resolution be amended as follows: Oakland County Emergency/Crisis Funding The Oakland County Board of Commissioners authorizes the creation of an emergency/crisis line item for the FY 2015 budget. This shall be a unique line item within the County Executive’s budget that will be funded as part of the closing process of the current fiscal year in an amount of $300,000. Discussion followed. 519 Commissioners Minutes Continued. September 18, 2014 Vote on amendment: AYES: Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson. (19) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell. (19) NAYS: None. (0) A sufficient majority having voted favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #14225 BY: Commissioners Shelley Goodman Taub, District #12; Michael Spisz, District #3; Bill Dwyer, District #14; Marcia Gershenson, District #13; Helaine Zack, District #18 IN RE: BOARD OF COMMISSIONERS – ANALYSIS OF ANIMAL CONTROL SHELTER/PET ADOPTION CENTER AND ASSESSMENT OF FACILITY NEEDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the current Oakland County Animal Control Shelter and Pet Adoption Center was purchased from the Michigan Humane Society in 1980; and WHEREAS the population of animals in Oakland County has grown over the last several decades; and WHEREAS Oakland County has taken over the responsibility of providing animal control services for significantly more local communities over the past several years; and WHEREAS the Board of Commissioners desires to ensure the staff and volunteers at the Animal Control Shelter and Pet Adoption Center have the best possible environment in order to encourage the adoption of healthy pets. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests Facilities Management to initiate a facility needs and assessment analysis for the Animal Control and Pet Adoption facilities. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the report include, but not be limited to: • An assessment of the current facilities and their ability to meet requirements for the current and likely future intake of animals, their care, adequate housing and treatment. • An overall evaluation of the existing shelter site, constraints on the facilities, investments that may be necessary to provide an improved environment for staff, visitors and animals, technological or any upgrades otherwise recommended by staff. • An analysis of requirements (i.e. cost estimates) and potential sites for the construction of a new shelter and adoption center. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the results of this analysis be presented within six months of the adoption of this resolution. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, MICHAEL SPISZ, BILL DWYER, MARCIA GERSHENSON, HELAINE ZACK, GARY MCGILLIVRAY, TOM MIDDLETON, DAVE WOODWARD, KATHY CRAWFORD, PHIL WEIPERT, JANET JACKSON The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. 520 Commissioners Minutes Continued. September 18, 2014 Commissioner Spisz gave notice that he plans to discharge Miscellaneous Resolution #14202, entitled Board of Commissioners – Support of Rerouting the Proposed ET Rover Pipeline at the next regular Board meeting on October 8, 2014. MISCELLANEOUS RESOLUTION #14226 BY: Commissioners Marcia Gershenson, District #13; Helaine Zack, District #18; Mattie McKinney Hatchett, District #10; John Scott, District #5; Bill Dwyer, District #14; Gary McGillivray, District #20; Janet Jackson, District #21; Nancy Quarles, District #17 IN RE: BOARD OF COMMISSIONERS – MEDICAID REBASING AND GENERAL FUND REDUCTIONS THAT ARE BEING IMPOSED UPON OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (OCCMHA) BY THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH (MDCH) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Community Mental Health Authority and its network of core provider service agencies offer support to more than 23,000 Oakland County residents; and WHEREAS by helping the individuals it serves, lead independent and self-directed lives, OCCMHA also impacts the lives of their family members, friends, classmates, and colleagues, totaling approximately 500,000 people, nearly half of Oakland County’s population; and WHEREAS the reduction of vital funding to Oakland County’s public mental health system has a direct and negative impact on the services received by individuals who have a developmental disability, mental illness, substance use disorder, or serious emotional disturbance; and WHEREAS the Oakland County Community Mental Health Authority received $14 million in reduced Medicaid funding in 2014; and WHEREAS the Oakland County Community Mental Health Authority was given a $20 million General Fund reduction in support from the State of Michigan; and WHEREAS these reductions have not been replaced with funds from Healthy Michigan as promised, causing $8 million General Fund budget gap in the Oakland County Community Mental Health Authority budget; and WHEREAS more than 60% of Medicaid recipients live in Macomb, Oakland, or Wayne County, yet these three counties are getting a disproportionally smaller distribution of Medicaid dollars and rebasing; and WHEREAS during a recent community forum, an announcement was made by the MDCH’s Bureau Director of Community Based Services that another Medicaid rebasing will occur for fiscal year 2014/2015; and WHEREAS many legislators who supported increases in Medicaid funding are unaware that the rebasing is a creating a funding decrease for Oakland County; and WHEREAS false assumptions regarding the number of citizens who would sign up for the Healthy Michigan program combined with steep cutbacks to local mental health programs in the state budget are putting critical human services at risk. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports OCCMHA, its service providers, and the community at large in their efforts to encourage MDCH to reconsider and reevaluate its decision to reduce valuable funding that inspires hope, empowers people, and strengthens communities in Oakland County and across the state. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls on the members of the Michigan Legislature and Governor Snyder to take action to change MDCH’s unfair rebasing formula which is causing severe cutbacks to mental health care in Oakland County and throughout the region. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls on the members of the Michigan Legislature and Governor Snyder to restore adequate funding to mental health programs until the anticipated savings are realized from new enrollments in the Healthy Michigan program. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder. the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; the Michigan Press Association and the Oakland County legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. MARCIA GERSHENSON, JOHN SCOTT, BILL DWYER, GARY MCGILLIVRAY, JANET 521 Commissioners Minutes Continued. September 18, 2014 JACKSON, NANCY QUARLES, MICHAEL SPISZ, KATHY CRAWFORD, PHIL WEIPERT, JIM RUNESTAD, MIKE BOSNIC, TOM MIDDLETON The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #14227 BY: Commissioner Marcia Gershenson, District #13 IN RE: BOARD OF COMMISSIONERS – TRANSFER OF FUNDS TO PROVIDE ADMINISTRATIVE SERVICES CONTRACT FOR WOMEN’S ADVISORY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Women’s Advisory Board for Oakland County was established with the adoption of Miscellaneous Resolution #07236 for the purpose of conducting public forums and studying matters concerning women in Oakland County, the results of which were reported to the Oakland County Board of Commissioners; and WHEREAS the Women’s Advisory Board for Oakland County has provided educational forums, participated in community outreach projects and presented two annual reports addressing the status and needs of women, girls and families in Oakland County; and WHEREAS “OPERATION: SUCCESS” a one-day Women Veterans Job and Networking Fair held in May provided valuable information for women veterans seeking access to services for career and employment opportunities; and WHEREAS extensive opportunities exist to provide additional programs to enhance access for women in Oakland County; and WHEREAS the lack of administrative support is hampering the ability of the Women’s Advisory Board to fulfill their potential and a limited contract for services would remedy this situation; and WHEREAS generous donations in support of the efforts of the Women’s Advisory Board’s efforts have accrued in the Women’s Advisory Board Donation Fund; and WHEREAS this use of the funds in Women’s Advisory Board Donation Fund would add no cost to county taxpayers NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the use of $7,100 of funds in the Women’s Advisory Board Donation Fund for contractual services to provide administrative support. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the transfer of funds from the Women’s Advisory Board Donation Fund to Board of Commissioners Special Projects line item. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, DAVE WOODWARD, GARY MCGILLIVRAY, JANET JACKSON, NANCY QUARLES, PHIL WEIPERT, HELAINE ZACK, BILL DWYER The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14228 BY: Commissioners Dave Woodward, District #19; Mike Bosnic, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 1023 TO RETURN CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS prior to the enactment of PA 256 of 2011, Michigan granted broad powers to local governments to regulate the ignition and discharge of fireworks; and WHEREAS the preemption clause of PA 256 of 2011 prohibits local governments from providing effective appropriate regulations that citizens are requesting; and 522 Commissioners Minutes Continued. September 18, 2014 WHEREAS lack of respect of local control has created a situation where the lack of appropriate regulation has caused serious problems, especially in urbanized areas; and WHEREAS noise related complaints from fireworks are creating serious problems for citizens, such as sleep deprivation and decreased productivity, and local governments are unable to provide adequate remedies; and WHEREAS the City of Auburn Hills experienced an 88% increase in fireworks related complaints since the adoption of PA 256; and WHEREAS municipalities throughout Oakland County are reporting significant numbers of fireworks related complaints; and WHEREAS a “one size fits all” approach to fireworks regulation is clearly not working and a return to local control would allow appropriate conduct for varying environments to be taken into account. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners expresses its support for Senate Bill 1023 to return control of fireworks regulation to local governments. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder. the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; the Michigan Press Association and the Oakland County legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, MIKE BOSNIC, GARY MCGILLIVRAY, MARCIA GERSHENSON, HELAINE ZACK, NANCY QUARLES, MICHAEL SPISZ, JANET JACKSON Moved by Woodward supported by Zack to suspend the rules and vote on Miscellaneous Resolution #14228 – Board of Commissioners – Support for Senate Bill 1023 to Return Control for the Regulation of Fireworks to Local Governments. Vote on motion to suspend the rules: AYES: Hoffman, Jackson, McGillivray, Spisz, Weipert, Woodward, Zack, Bosnic, Dwyer, Gershenson. (10) NAYS: Long, Matis, Middleton, Runestad, Scott, Taub, Crawford, Gingell, Gosselin. (9) A sufficient majority having not voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #14228 – Board of Commissioners – Support for Senate Bill 1023 to Return Control for the Regulation of fireworks to Local Governments failed. Commissioner Woodward addressed the Board and requested that the Resolution be referred to the General Government Committee. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #14229 BY: Commissioner Michael Gingell, District #1 IN RE: BOARD OF COMMISSIONERS – ADOPTION OF ARTICLES OF INCORPORATION ESTABLISHING THE GREAT LAKES WATER AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 1, 2013 the City of Detroit was declared to be in a state of financial emergency, on March 14, 2013 an emergency manager was appointed to oversee Detroit’s financial operations and on July 18, 2013, the City filed for bankruptcy protection under Chapter 9 of the Bankruptcy Code; and WHEREAS as part of the bankruptcy process the City’s Emergency Manager approached Oakland, Wayne and Macomb County with a proposal to create a regional water and sewer authority to lease the assets of the Detroit Water and Sewer Department (DWSD), a system then serving some 4 million residents and thousands of businesses in southeast Michigan; and 523 Commissioners Minutes Continued. September 18, 2014 WHEREAS 1955 PA 233 (Act 233) authorizes any 2 or more municipalities to incorporate an authority for the purpose of acquiring, owning, improving, enlarging, extending, and operating a sewage disposal system, a water supply system, or a combination of systems by the adoption of articles of incorporation by the legislative bodies of each of the municipalities; and WHEREAS after 15 months of negotiation, including five months of Federal Court-ordered confidential mediation, the County Executives of Oakland, Wayne and Macomb Counties and the Mayor of the City of Detroit, with the support of the Oakland County Water Resources Commissioner, executed a Memorandum of Understanding (MOU) (incorporated herein as Exhibit 1) agreeing to submit to their respective legislative bodies the question of adopting the Articles of Incorporation (incorporated herein as Exhibit 2) to create a Great Lakes Water Authority (GLWA) for the purpose of establishing a regional authority under Act 233 to lease and operate the common-to-all and regional assets of the DWSD; and WHEREAS the provision of clean water supplies and the safe and cost effective disposal of sewage and storm water runoff is essential to the personal and economic health, safety and welfare of our community; and WHEREAS DWSD’s water system currently serves approximately 837,044 residents from 340,262 households in 35 Oakland County communities; and WHEREAS DWSD’s sewer assets serve approximately 849,962 residents from 345,513 households in 36 Oakland County communities; and WHEREAS the County Executive asserts that the opportunity to form a regional water and sewer authority in a form consistent with the attached MOU and Articles of Incorporation is in the best interest of the residents, ratepayers and taxpayers of Oakland County, the southeast Michigan region and the State of Michigan; and WHEREAS the GLWA as contemplated in the MOU contains the following essential elements and protections in favor of Oakland County residents: 1. The GLWA has no taxing power. 2. There is no Oakland County General fund obligation for the creation or operation of the GLWA. 3. The City of Detroit maintains responsibility for its own, local (retail) water and sewer system. 4. The GLWA will be operated by a regional 6 member Board, with 3 members representing counties, one state appointee representing areas served by DWSD outside of the City of Detroit and the Counties of Wayne, Oakland and Macomb and 2 members representing the City. 5. Ratepayers are protected by supermajority voting requirements meaning major issues require 5 out of 6 votes for approval. Major issues include appointment of an executive director, approval of rates, fees and charges and rate setting protocols, issuance of debt which shall be revenue backed debt, approval of an annual operating budget, annual approval of a rolling Five Year Capital Improvement Plan, adoption of a procurement policy, approval of the lease of systems from the City, removal of a board member for cause and the determination of any compensation for Board Members which shall be consistent with practices for other large public utilities. 6. The GLWA will lease regional assets from the City for a term of 40 years for $50 million per year. These assets include approximately 400 miles of regional water mains, 360 miles of regional sewer pipe, 5 water filtration plants, the Jefferson Avenue Sewage Treatment Plant and a number of retention basins and pump stations. 7. All lease payments must stay within the system to fix the City’s failing infrastructure. Detroit must use the $50 million annual lease payment only for capital improvements to the system and may not use them to support payments to its general fund. The Detroit local system has suffered more than 5,000 water main breaks the last three years, and the rate of incidents is rising dramatically. The City must use these funds for the repair and rebuilding of the City’s local water system under DWSD, to build more capacity for storm water events, or to contribute to the City’s share of the costs of GLWA’s capital improvements. 8. The lease payments can support bond issues to speed up City water and sewer system repair and rebuilding. If the City chooses to bond (rather than contract and repair on an annual basis), the GLWA lease payments will fund the debt service (principal and interest) associated with potentially $500-800 million in bond issues to allow the City to move quickly to rebuild its deteriorating local water and sewer system. 9. The City remains solely responsible for paying its local system operating costs. Detroit retains and takes full responsibility for billing and collection for the Detroit local system, including the 524 Commissioners Minutes Continued. September 18, 2014 inability to collect from its residents and businesses. Any collection shortfalls will be the responsibility of Detroit only, and not any other community. 10. A regional $4.5 million Water Resources Affordability Fund (WRAP) will be created to assist those most in need throughout the entire GLWA area. The GLWA will create a WRAP with a dedicated contribution of 0.5% of revenues (a figure consistent with other water and sewer programs nationally). The first year’s funding will be approximately $4.5 million (based on FY-2015 operating budget), and is expected to grow annually as revenues increase. 11. Revenue requirement rate increases to be limited to no more than 4% a year for 10 years. Based on an extensive analysis by several financial experts, the parties believe that the savings resulting from actions taken in bankruptcy, lower financing costs, better energy usage, and more efficient operations, will allow the GLWA to make these payments within existing and already projected revenues and operate on annual revenue increases of no more than 4% a year for the next 10 years. Individual communities might have differing rates if they choose to make additional improvements to their local systems, use water and sewer equity in lieu of imposing rate increases, and for other causes specific to their local system. The parties have retained a consultant, Veolia, to do an independent review to validate the revenue assumption and perform other due diligence necessary to formulate a strategic plan upon the launch of the Authority. The parties have the right to opt out of the deal if the review shows that the 4% annual revenue requirement limit will not be able to be achieved. 12. All current collective bargaining contracts will be honored. Of the approximately 1,400 current DWSD employees, it is expected that approximately 500 will stay at the City’s DWSD with no change in their employment status or collective bargaining agreement. Approximately 900 workers are expected to transfer to GLWA. GLWA will become a successor employer and, as is required by Michigan law, will assume and honor all DWSD collective bargaining agreements. 13. All current customer contracts will be honored. Counties, cities, villages, townships and authorities currently under contract with the DWSD will have their existing contracts honored in full and will realize the benefits of the contracts as they previously bargained for. 14. The GLWA to be up and running in 200 days. The formal start of the GLWA will occur within 200 days of its legal formation (on or about April 27, 2015), subject to the due diligence process, obtaining the necessary legal approvals, and execution of the final documents; and WHEREAS the MOU requires approval of the proposed GLWA Articles of Incorporation by County Boards of Commissioners is by October 10, 2014; and WHEREAS if the City and at least one other county have acted by October 10, 2014, 1955 PA 233 provides that the GLWA will be created and the Memorandum of Agreement will be in effect. If any of the counties have not acted by October 10, or if they choose to reject the Articles, the Governor will appoint the representative from that county and be subject to the provision of Act 233 that provides that the charges or rates charged for services to a non-constituent municipality may be greater than those to constituent municipalities; and WHEREAS in order to secure the benefits provided in the MOU and Articles noted above, avoid a forced resolution crafted solely by the City Emergency Manager, and avoid the application of Section 290 of Act 233 allowing the imposition of greater rates on municipalities that do not become incorporating municipalities, the County Executive and the Oakland County Water Resources Commissioner recommend the Board of Commissioners approve the Articles of Incorporation attached hereto as Exhibit 2. NOW THERFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby adopt the Articles of Incorporation attached hereto as Exhibit 2 creating the Great Lakes Water Authority. BE IT FURTHER RESOLVED that the fact of adoption shall be endorsed on such articles of incorporation by the chairperson of the Oakland County Board of Commissioners and the Clerk of Oakland County in the manner provided in MCL 124.282. BE IT FURTHER RESOLVED that the Oakland County Clerk shall cause the Articles of Incorporation shall be published at least once in the Detroit News, a Detroit Media Partnership newspaper of general circulation, and the Clerk shall cause one printed copy of the Articles of Incorporation certified as a true copy with the date and place of the publication to be filed with the secretary of state and with the Clerk of Oakland County, Wayne County and Macomb County. Chairperson, I hereby move adoption of this resolution. 525 Commissioners Minutes Continued. September 18, 2014 MICHAEL GINGELL, SHELLEY TAUB, MICHAEL SPISZ, JEFF MATIS, TOM MIDDLETON, KATHY CRAWFORD, BOB HOFFMAN, PHIL WEIPERT, JOHN SCOTT, BILL DWYER, CHRISTINE LONG, MIKE BOSNIC Copy of Exhibit 2 Articles of Incorporation of Great Lakes Water Authority, Memorandum of Understanding Regarding the Formation of the Great Lakes Water Authority Incorporated by Reference. Original on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:20 a.m. to the call of the Chair or October 8, 2014, at 7:00 p.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson 526