HomeMy WebLinkAboutMinutes - 1993.05.27 - 8149
194
May 27, 1993
Meeting called to order by Chairperson Larry Crake at 10:30 A.M. in the Courthouse Auditorium,
1200 N. Telegraph Road, Pontiac, Michigan.
Roll Called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf. (25)
ABSENT: (0)
Quorum present.
Invocation given by Commissioner Wolf.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of May 13, 1993 Board meeting be approved as
printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Price the rules be suspended and the agenda be amended as
follows:
ITEMS ALREADY ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE:
c. MR 93076-Rescind PA 312 of 1969. (Waiver of Rule XXVII-Personnel Committee Report
not included in Board packet. Personnel Committee meeting 5/27)
PUBLIC SERVICES COMMITTEE:
a. Sheriff's Department-Privatization of Civil Unit. (Waiver of Rule XXVII-Fiscal Note not
included in Board packet. Finance Committee meeting 5/27)
ITEMS NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE:
Ins. & Human Services - Community Mental Health "Full Management" Contract (Waiver of Rule
XXVII-General Government Committee meeting 5/26/93.)
AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price, Schmid, Taub,
Wolf. (24)
NAYS: (0)
A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda
Commissioners Minutes Continued. May 27, 1993
195
carried.
Clerk read a letter from the Director of Cultural Affairs, Steve Weikal regarding the appointments of
Kenneth Gross, Ben Tiseo, Lorraine Chambers McCarty, Dwight Rinke, Peggy Hill, Dick Irwin, Nora
Mendoza and Jennifer Davidson to the Oakland County Cultural Council, term ending 12/31/94. Also Dr.
Larry Miller and Judith Wiser for terms ending 12/31/94.
A sufficient majority having voted therefor, the appointments were confirmed.
Clerk read a letter from County Executive, L. Brooks Patterson withdrawing his veto of Misc.
Resolution #93072 (entitled "Solid Waste-Removal of Waterford Hills Landfill from Act 641 Plan") and
Miscellaneous Resolution #93048 (entitled "Board of Commissioners-Amendment to Board Rules Sec. X,
Construction Project Approval").
Moved by Obrecht supported by Garfield the veto of two Resolutions under special order of
business, be removed from the Agenda.
Commissioner Moffitt stated, for the record, that the Board of Commissioners is not taking an action
to override the County Executive's vetoes of Resolutions #93072 and #93048 in reliance upon the
Executive's letter of withdrawal of vetoes dated May 25, 1993, and upon Corporation Counsel's written
opinion dated May 24, 1993, that the County Executive has the power to rescind or nullify his veto.
A sufficient majority having voted therefor, the motion carried.
Moved by Aaron supported by Pernick the Agenda be amended by considering Item D under
General Government (Community Mental Health "Full Management" Contract) as the first order of business
before the Finance Committee
Resolutions.
A sufficient majority having voted therefor, the motion carried.
Several persons addressed the Board regarding the Community Mental Health "Full Management"
Contract.
MISCELLANEOUS RESOLUTION #93092
BY: General Government Committee - Donald W. Jensen, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH
"FULL MANAGEMENT" CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Investigating Team created pursuant to Miscellaneous Resolution #92064, has
explored the potential advantages and disadvantages of a "Full Management" contract between the Oakland
County Community Mental Health Services Board and the Michigan Department of Mental Health, and has
recommended a contract that maximizes the advantages to the County inherent in the State's model, while
minimizing or eliminating many of the disadvantages; and
WHEREAS the Community Mental Health Services Board has recommended that it enter into the Full
Management contract developed by the Investigating Team, whereby the Community Mental Health Services
Board would assume responsibility for funding and oversight of all public mental health services to Oakland
County citizens, whether rendered by the State, the County or other contractual providers; and
WHEREAS the Oakland County Executive supports the proposed Full Management contract at total
State funding level of $82,492,131, which improves the County's position in per-capita State mental health
funding in comparison with other counties; and
WHEREAS the Oakland County Board of Commissioners is supportive of its Community Mental
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196
Health Services Board assuming Full Management authority, and recognizes that the contract as presented
would be financially and programmatically beneficial to the County's Community Mental Health program and
the citizens it serves.
NOW THEREFORE BE IT RESOLVED that the Oakland County Community Mental Health Services
Board is authorized to execute the Full Management contract as developed and recommended by the
Investigating Team.
BE IT FURTHER RESOLVED that termination of the Full Management contract (except as provided in
Part I (A) (8) of the contract), or amendment of the contract, shall require the prior and express approval of
the Oakland County Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (Misc. #93092)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH
"FULL MANAGEMENT" CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution
#93092 and finds:
1. The Oakland County Community Mental Health Services Board (CMH) and the Oakland
County Board of Commissioner's General Government Committee recommends the full
Board authorize CMH to enter into a full management contract with the Michigan
Department of Mental Health (DMH).
2. Total annual authorization for this contract equals $96,345,472, with DMH providing
$82,492,131, other revenue sources (medicaid, etc.) generating $4,806,565 and County
match equalling $9,046,776 as detailed on the attached Schedule A.
3. The DMH allocation of $82,492,131 represents a per capita expenditure of $76.13 and
becomes the base allocation for the Fiscal Year 1994 allocation.
4. Due to the fact that only four (4) months remain in the 1992/1993 fiscal year, projected
spending for the contract period equals $93,895,855, with DMH providing $80,758,522,
other revenue sources generating $4,806,565 and County match equalling $8,330,768, also
detailed on the attached Schedule A.
5. The 1993 County budget anticipated a County match of $8,330,768, there is no anticipated
increase in the required County match above that budgeted amount.
6. The 1993 County budget be amended, as reflected in attached Schedule B, to reflect the
anticipated contract expenditure. Further amendments may be presented in the fourth
quarter of 1993 as the state legislature formalizes the Fiscal Year 1994 appropriations for
DMH.
FINANCE COMMITTEE
MICHIGAN DEPARTMENT OF MENTAL HEALTH/
OAKLAND COUNTY COMMUNITY MENTAL HEALTH SERVICES BOARD
CONTRACT FOR FULL MANAGEMENT
PART I
A. General Provisions
1. The Michigan Department of Mental Health (hereinafter "Department") and the Oakland
County Community Mental Health Services Board (hereinafter "Board"), agree to the
provisions of this Contract for the purpose of ensuring the provision of services to identified
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197
populations according to standards and policies as specified in this Contract.
Notwithstanding any provisions in this Contract, the Department shall retain its constitutional
and statutory responsibility for providing Mental Health services for county residents with the
Board acting under contract with the State. Nothing in this Contract shall require the County
of Oakland or its Board to commit funds in excess of the local match requirements
established in the Michigan Mental Health Code.
2. This Contract is entered into under the authority granted by Sections 116(e)(ii) and (j) and
Sections 226(g) and 228 of Act 258 of the Public Acts of 1974, as amended. Provisions of
that Act, all rules promulgated and adopted under that Act and applicable state and federal
laws shall govern the expenditure of funds and provision of services. The Board enters into
this Contract under the authority granted in Section 226(g) and 228 of Act 258 of Public Acts
of 1974 and by Oakland County Board of Commissioners Miscellaneous Resolution
93_______, or pertinent subsequent resolutions authorizing full management status.
3. This Contract shall not be construed to establish any employer-employee or principal-
agency relationship between employees of the Board and the Department, nor between any
of the Board's subcontractors or subcontractor's employees and the Department.
4. The Board shall have the freedom to arrange for the provision of Mental Health services as
it deems necessary and appropriate, in accordance with Oakland County Board of
Commissioners procedures. The Board may subcontract for the provision of any of the
services specified in this Contract. The terms and conditions of its contracts shall be within
the exclusive discretion of the Board and not subject to the review of the Department. The
Board shall ensure that all subcontracts are consistent with the provisions of this Master
Contract and the affirmative action requirements as set forth in Part I, B, Paragraphs 5 and
6.
In the event a subcontract is determined to be inconsistent with this Master Contract, the
provisions of the Master Contract shall prevail.
5. This Contract shall commence on October 1, 1992 and shall constitute a continuing
contractual arrangement unless amended or terminated according to the provisions for
amendment or termination. The budget and fiscal provisions of this Contract shall be
adjusted as funding authorizations issued by the Department change. An initial adjustment
shall be made to reflect the DMH authorizations issued at the beginning of each fiscal year.
The Department shall respond in writing to the submission of said adjustments covering a
new fiscal year within thirty (30) days of submission of the document, signed by the Board, to
the Department's Area Manager. The response shall either approve the adjustments or
identify specific reasons for failure to approve. Failure to respond within thirty (30) days shall
constitute approval of the adjustments.
6. With the exception of those amendments described in Part I, C, 3, below, amendments may
be made only by written agreement of the Department and the Board acting under the
authority of Oakland County Board of Commissioners Resolution. A request for such
amendment must be received no later than forty-five (45) days following the end of the state
fiscal year. Failure by any party to approve or deny in writing a request for amendment
within thirty (30) days of receipt of such request shall constitute approval of the amendment.
7. A written request for a compliance review of provisions of this Contract may be initiated by
either party to the Contract. Such a request shall include a statement of specific areas of
alleged non-compliance. A written response to such a request shall be provided by certified
mail within thirty (30) calendar days of receipt of the request. The response shall either (a)
present facts which refute the allegation of non-compliance, or (b) present a proposal for
remediation which may include amendment to the Contract. Failure to respond in writing
within thirty (30) days shall be deemed as verification and acceptance of the allegation.
Should the response be unsatisfactory, a request for a hearing involving the Department
Director, the Board Director and other parties as may be designated by either will be held.
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Such hearing shall be scheduled within thirty (30) days of receipt of the request. The results
of this hearing shall be provided in writing to both parties within fifteen (15) days of the
hearing.
8. This Contract may be terminated at any time by either party by giving one hundred twenty
(120) days notice in writing to the other party by certified mail or within a time frame mutually
agreed upon. Such termination shall not relieve either party of any obligations incurred prior
to the effective date of such termination.
It is mutually agreed that if total State funding for all programs and populations for Oakland
County drops below either (a) 95% of the previous year's full year cost funding, or (b) the
sum of $72,598,700 as adjusted for inflation, whichever is greater, then this shall cause the
Contract to cease within 120 days or a time mutually agreed upon, unless contraindicated by
the Oakland County Board of Commissioners.
9. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities to be carried out pursuant to the obligation of the County of Oakland or the
Board under this Contract shall be the responsibility of the County and the Board, and not
the responsibility of the Department, if the liability, loss, or damage is caused by, or arises
out of, the actions or failure to act on the part of any County or Board member, employee, or
agent, provided that nothing herein shall be construed as a waiver of any governmental
immunity the County, the Board, their agencies or employees has, as provided by statute or
modified by court decisions.
10. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities to be carried out pursuant to the obligations of the Department under this
Contract shall be the responsibility of the Department and not the responsibility of the
County or the Board if the liability, loss, or damage is caused by, or arises out of, the action
or failure to act on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity the State, its agencies
or employees has, as provided by statute or modified by court decisions.
11. All costs, including reasonable attorney fees which the County and/or the Board may incur in
the event that the courts of this state hold that a co-employer status exists with reference to
persons employed in non-inpatient residential facilities under contract with the Board, shall
be the responsibility of the Department and not the responsibility of the County or the Board,
provided, that said costs are attributable solely to that period of time prior to the transfer of
contracts for such residential facilities from the State of Michigan to the County and the
Board.
12. Both parties recognize that the Department will abide by and enforce the operating
procedures contained in the State Facility/Board Agreement(s), and the said Agreement(s),
when agreed upon by the Department, State Facilities/Centers, and the Board, will be
appended to this Master Contract between the Department and the Board.
The operating procedures contained in these agreements shall establish the Board as the
single point of entry to and exit from State facilities/centers and shall include provisions for
all of the following:
a. Evaluating the appropriateness of an individual for admission and preparation of an
alternative treatment report.
b. Serving as the single point of entry to a state facility/center.
c. Participation by the Board in providing treatment.
d. Discharge of residents at the time and in the manner determined by the Board.
e. State facility or center/Board agreements shall provide a procedure for Board review
of recipient rights formal complaints filed by or on behalf of Oakland County patients
in the facility/center or its contracted services.
f. All physicians employed by or under contract to the Board shall have the right to be
accorded admitting, treatment and discharge privileges at State managed
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facilities/centers in accordance with medical staff by-laws.
13. In the event that circumstances occur that are not reasonably foreseeable, or are beyond
the Board's or Department's control, which substantially reduce or otherwise interfere with
the Board's or Department's ability to provide or maintain specified services or operational
procedures for its County, the parties to the Contract shall immediately notify the other party
and shall negotiate a revision of the Service Summary and Spending Plan reflective of the
reduction which shall become an amendment to this contract. Examples of such
occurrences include, but are not limited to, default of subcontracts, acts of God, damage to
facilities, employee strikes, and ruling(s), order(s) and/or opinion(s) of a State or Federal
Court.
14. Department policies to be implemented by the Board during the life of the Contract shall be
limited to applicable Federal and State statutes and local ordinances and policies
enumerated in this Contract, including its attachments and in the CMH/State inpatient
facility/center contracts.
15. In the event that a new Fiscal Addendum to this Contract is not signed by the end of the
State fiscal year of the current Addendum, the terms, conditions and funding levels
contained in the current Fiscal Addendum attached to this Contract shall remain in effect,
subject to legislative appropriation for ninety (90) days following issuance of the Board's
base continuation allocation and appropriated economic increases applicable to the new
fiscal year. By mutual written consent, this Fiscal Addendum, in whole or in part, may be
extended further. The conditions in the contract governing fiscal year closing and cost
settlement shall pertain if the Contract is continued.
16. Inquiries and requests concerning the terms and conditions of this Contract, including
requests for amendment, should be directed by the Board to the attention of the
Department's Area Manager serving the Board's area. Performance and expenditure
reports should be submitted to the Department of Mental Health, Finance Division, with a
copy to the Area Manager, and a copy to the Department's Bureau of Community Mental
Health Services in Lansing.
17. Notwithstanding any provision of this agreement to the contrary, this Contract shall not be
construed or interpreted to permit a violation of the Consent Judgment of July 29, 1991,
entered in the matter of Oakland County v State of Michigan Department of Mental Health,
et. al., Oakland Circuit Court Case NO. 85-305141 CZ, nor shall it constitute a waiver of the
provisions of said judgment by Oakland County. Further, it shall not be construed to allow a
violation of Const. 1963, art. 9, 29.
B. Board Assurances
The Board agrees:
1. To ensure the provision of services to populations designated in Part II of this Contract. The
populations to be served shall include:
a. Individuals located in the service area of the Board who are not residents of
Department state inpatient facilities/centers or Department contracted residential
settings; and
b. Individuals located in Department state inpatient facilities/centers or Department
contract residential settings for whom the Board (County) is financially liable for the
cost of care under P.A. 258 of 1974, Sec. 306.
2. To comply with the operational procedures specified in Part III of this Contract.
3. To immediately notify the Department of modifications in provision of services and
compliance with operational procedures under the following conditions:
a. Action by the Oakland County Board of Commissioners which removes the Board's
funding for or authority to provide specified services.
b. Action by the Oakland County Board of Commissioners which reduces the Board's
funding level below that required to maintain specified services in the Board's
service area.
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c. Action by Federal or local funding sources which removes funding or reduces the
Board's funding levels below that required to maintain specified services in the
Board's service area.
In the event of any or all of the conditions specified in "a" through "c" occurring, the Board
shall submit a revision of the Service Summary and Spending Plan reflective of the
reduction, which shall become an amendment to this Contract. Such amendments shall be
received by the Department no later than forty-five (45) days following the end of the
contract period. Failure by the Department to approve or deny the request within thirty (30)
days shall constitute approval.
4. To permit authorized representatives of the Department or a properly identified
representative of a DSS Medicaid Review Office, to make such review of the records of the
Board as may be deemed necessary to satisfy audit purposes.
5. That no otherwise qualified person shall be excluded from participation in, be denied the
benefits of, or be subject to discrimination in any programs or activities solely on the basis of
race, color, national origin, religion, age, sex, marital status, physical or mental handicap, or
ability or inability to pay therefor. The Board agrees to analyze service delivery by age, race,
sex and physical handicap, to identify barriers to service delivery for those groups found to
be under served, and to prepare a plan for removing such barriers.
6. That no employee or applicant for employment shall be subjected to discrimination with
respect to hiring, recruitment, advancement or discharge or in the terms, conditions or
privileges of employment, or a matter directly or indirectly related to employment solely
because of religion, race, color, national origin, age, sex, height, weight, marital status,
record of arrest without conviction, or physical or mental handicap, and that affirmative
action will be taken to assure equal employment opportunity for Blacks, Hispanics, American
Indians, Asians, women and handicappers where they are under utilized, by making all
good-faith efforts to comply with the goals contained in Oakland County's approved
Affirmative Action Plan.
7. To comply with program and fiscal standards identified in Attachments A and B, which are
attached to and made a part of this Contract.
8. To furnish to the Department statistical and other management information as designated in
Parts II and III of this Contract. Information concerning services provided and expenditures
shall be submitted no later than thirty (30) days following the end of each reporting period. A
preliminary written estimate of anticipated accounts payable to the Department or accounts
receivable from the Department shall be submitted within sixty (60) days following the end of
the contract year. The final year-end report shall be submitted within ninety (90) days
following the end of the State's fiscal year. The reporting requirements for grant projects
shall be specified in the agreement governing the grant, which shall be appended to and
become part of this Contract.
9. To ensure the collection of information required by the CMH Face Sheets (DMH-1810 &
DMH-1830), Staff Activity Form (DMH-1709) and Client Attendance Form (DMH-1710). The
Board agrees to submit information generated from these data when specifically requested
with at least thirty (30) days notice from the Department.
10. To submit a written report to the Department explaining deviations from the Contract with
regard to services provided or expenditures by non-Department agencies within sixty (60)
days of the end of each reporting period. This report must present a proposal to bring
performance and/or expenditures into conformance with the total contractual commitment or
request a revision to the Contract, if:
a. The deviation is projected to result in a deviation in excess of ten percent (10%)
from the total projected end of year expenditures.
b. The deviation is projected to result in a deviation in excess of five percent (5%) from
projected end of year expenditures for Board Administration.
The Department shall approve or disapprove the Board proposal for remediation in writing
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within thirty (30) days of receipt of the Board's report. If approval or disapproval is not
received within thirty (30) days, the proposal shall be deemed approved.
A report of deviation shall not be construed as a determination of compliance or non-
compliance with this Contract.
C. Department Assurances
The Department agrees:
1. To provide funds to the Board, subject to legislative appropriation and availability of funds,
as stipulated in the Fiscal Addendum to this Contract for assuring that services designated
in Part II and the Fiscal Addendum of this Contract are provided.
2. To ensure funding stability, subject to the availability of legislatively appropriated and
allocated funds, to the Board during the life of the Contract. The Department shall
immediately notify the Board of modifications in funding commitments in the Contract under
the following conditions:
a. Action by the State legislature which removes the Department's funding for, or
authority to provide for, specified services.
b. Action by the State legislature which reduces the Department's funding level below
that required to maintain services on a Statewide basis.
c. Action by the Governor pursuant to Const. 1963, art. 5, 320 which removes the
Department's funding for specified services, or which reduces the Department's
funding level below that required to maintain services on a Statewide basis.
d. A formal directive by the Governor, or Department of Management and Budget on
behalf of the Governor, requiring a reduction in expenditures below that
incorporated in contracts.
In the event of any of the conditions specified in "a" through "d" occurring, the Board shall
submit a revision of its Service Summary and Spending Plan reflective of the funding
reduction, which shall become an amendment to this Contract.
In the event of a reduction of funding to the Board, the Board shall, subject to the provisions
of Part I, Section A, paragraph 8, decide how the reduction is to be implemented within its
programs, within policy established in the P.A. 258 of 1974 and its Rules, except that:
i. Reduction of services underwritten by funds allocated by the State legislature for
demonstration and prevention grants shall be negotiated with the Department.
ii. Funding in the base for continuation of demonstration projects shall be governed by
Department Guideline IV-H-007-0001.
3. To permit the Board to redirect funds within target populations (MI-A, MI-C, DD, Other)
among program elements as clients move to more appropriate treatment settings, with the
exceptions noted in the Fiscal Addendum, Section 2 (A). The Board may redirect
Department funds, with the exception of those funds identified in the Fiscal Addendum,
Section 2(A), among target populations (MI-A, MI-C, DD, Board Administration and Other
Populations) as changing needs of the Board's residents require response from the Board,
so long as the amount of Department funding transferred into or out of each population
group and Board Administration, in any given State fiscal year, does not exceed five percent
(5%) of the amount allocated to each population and Board Administration in the original
Contract. If movement of clients and the funds associated with their care results in cost
savings, the Board may utilize funds saved for the purpose of expanding or improving the
Board's program, as contained in this Contract, during the life of this Contract. Redirected
funds and cost savings realized as a result of movement of clients to more appropriate
treatment settings shall be included in the Board's base program for the purpose of planning
for the following fiscal year.
Additional funds awarded to the Board beyond the base funding of this Contract as indicated
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in the Fiscal Addendum shall not be restricted for special categorical programs by the
Department, unless so mandated by the State legislature or accepted by the Board for a
specific program or population.
Funds authorized to the Board by the Department for those purposes specified in the Fiscal
Addendum, Section 2 of this Contract shall not be redirected without prior approval of the
Department.
4. To provide ongoing assistance to the Board in the implementation of this Contract.
5. That it will not establish any direct funding to an agency or individual, absent legislative
mandate, to serve Oakland County residents, nor with any Oakland County family,
circumventing the Board. The Department certifies that all such contracts which it held prior
to the inception of this Contract have, as of that date or a mutually agreed upon date, been
terminated or transferred to the Board. This provision does not apply to contracts held by
facilities/centers of the Department, for purchase of services consistent with the statutory
function of said facilities/centers.
6. That it agrees to cooperate and assist in the Board's effort to pursue and collect funds from
third-parties, whenever possible.
7. That it shall be financially responsible for all audit exceptions pertaining to State provided
services which occurred prior to the date of this contract.
8. Nothing in this Contract shall negate the State of Michigan's ultimate constitutional
responsibility to provide appropriate treatment for those persons adjudged to be a threat to
themselves or others, in accordance with the provisions of P.A. 258 of 1974.
PART II
SPECIFICATION OF SERVICES, FUNDING LEVELS
AND RELATED REPORTING REQUIREMENTS
Section 1. Service Plan
Service Plan funding levels are as set forth in the Fiscal Addendum attached to this Contract.
Section 2. Funding Levels and Reporting Requirements
A. Total Obligations
Total funding obligations are set forth in the Fiscal Addendum attached to this Contract.
B. Cash Advances Including Medicaid Advances
Cash advances and Medicaid advances shall be made as set forth in the Fiscal Addendum attached to this
Contract.
The Medicaid advance amount will be adjusted at least annually and/or upon approval of a spending plan
amendment which reflects a change in total Title XIX revenues of at least $300,000. Any decrease to this
advance will be deducted from the regular monthly cash advances to the Board and the Department will
notify the Board to adjust its Medicaid cash advance liability. Any increase to the Medicaid advance will be
paid to the Board, and the Department will advise the Board to increase its Medicaid cash advance liability.
The Department will also provide advances monthly, subject to availability of funds or conditions identified in
Part I. The amount of each advance will be determined in accordance with the Board's Service Summary
and Spending Plan. This amount will consist of 1/12 of Federal Medicaid as reflected in the Contract plus
1/12 of the Contract obligation which includes the State share of Medicaid. These cash advances will be
reduced by the amount of gross Medicaid/Personal Care payments received since the previous Department
advance of funds.
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This advance will not be affected by the fiscal year change. The Board's October advances will, therefore, be
reduced by actual Medicaid payments processed by DSS/DMH during the month of August and so on.
Advances are conditional upon receipt, within thirty (30) days of the end of each reporting period during the
life of the Contract, of the following required reports completed in accordance with Department instructions:
1. A semi-annual report of services provided during the first two quarters of the State fiscal
year which indicates number of clients served and units of services, by population and
program element, completed according to instructions issued by the Department.
2. A bi-monthly expenditure report, completed according to instructions issued by the
Department.
Section 3 - Funding Obligations for State-Operated Services
A. Funding obligations shall be as set forth in the Fiscal Addendum attached to this Contract.
The Board may withhold payment for days of care provided to specified individuals when
such care is delivered in a fashion which is contrary to the provisions stated in either the
Master Full Management Contract or the facility/center subcontracts. Payments shall not be
withheld until the Board has notified the facility/center director of specific areas, related to a
specified client, in which the subcontract has been violated. A copy of this notification shall
be forwarded by the Board to the Department's Area Manager within five (5) days of the
point of non payment.
B. The Department commits itself to a good-faith effort to achieve equitable funding for
Oakland County in comparison with other counties, based on consideration of per-capita
funding and other relevant factors.
C. This Contract shall be reopened and the funding base revised in the event that the Board
and/or the Department discovers data which supports such a revision.
D. The Department agrees that when State-managed services are transferred to the Board, the
State shall transfer dollars representing the negotiated amount that reflects the costs
necessary to operate the program, including but not limited to, administrative and support
costs, day programming, transportation, recipient rights protection, public relations costs,
one to one staffing, power and other utility costs, exception payments, and day program
funding for residential clients.
Any and all programs and services currently under development by the Department for
Oakland County residents shall be transferred to the Board with full funding folded into the
base of this Contract.
Any and all cost increases, either economic or salary, made to State-managed services or
employees shall also be made available to the Board if funding is appropriated.
E. Changes in State-operated facilities/centers' per diem rates will be accompanied by a
corresponding change in State allocation to the Board's Contract base.
F. The Department agrees to fund costs of serving "out-of-county" residents of residential
facilities situated in Oakland County until such time as legislation is passed which addresses
the transfer of financial responsibility for this population.
G. All public mental health funds designated for direct or indirect treatment, administration,
public relations, recipient rights or other support activities for Oakland County residents shall
be provided by the Department to a single source, the Board.
H. The Department will arrange for the Board to receive notice from the Center for Forensic
Psychiatry as soon as possible when the status of a forensic client may change to a
probated order. It is the Department's intent that at least thirty (30) days prior notice shall be
given. The Board is liable for the State share of inpatient costs under the probated order
Commissioners Minutes Continued. May 27, 1993
204
when the client is receiving service from a hospital under contract to the Board, except that
such liability shall be waived for up to thirty (30) days from the date of receipt by the Board of
the notice described in the preceding sentence. If this waiver is to be activated by a the
Board, it will provide appropriate documentation to its Area Manager demonstrating less
than thirty (30) days notification.
The Board agrees to initiate an effort with the probate courts and prosecutors in its
catchment area within ninety (90) days after signing the Contract to develop agreements
providing that those agencies notify and involve the Board in arranging services for persons
being considered for a probated order, as well as persons in need of aftercare services.
I. The Board shall have the right to admit its clients to State facilities/centers outside of its
usual catchment areas for persons requiring specialized services not available at Clinton
Valley Center or Fairlawn Center, with authorization from the Department.
J. Full management bills for services provided by the Department will not be payable by the
Board until thirty (30) days after the end of the month in which services were rendered.
Payment for State-operated services shall be made at the full management billing rate in
effect on October 1, 1992 based upon a bill which identifies the individuals served and days
of care provided at a fixed net State cost per day. The Board shall authorize payment of
undisputed bills within thirty (30) days of receipt of the bill, or thirty (30) days following receipt
of the advance, whichever is later. Failure to authorize payment of undisputed billings when
due will result in delayed advances.
K. The Board agrees to authorize payment of the County match portion of the net cost of
services provided to persons who are its residents as defined by Section 306 of P.A. 258 of
1974. Authorization of undisputed bills or undisputed portions of bills will be made within
thirty (30) days of receipt of the billing. The Board agrees to identify to the Department
disputes concerning bills on a case-by-case basis within thirty (30) days of the bill and to
work with the Department in resolving these disputes on a timely basis. The Department
may refer to the Department of Treasury for collection all bills which are both undisputed and
overdue.
Section 4. Cost Settlement
With regard to funds expended for provision of services covered by the Board's Service
Summary and Spending Plan, the Department will cost settle with the Board subject to
contract limitations based upon the Board's reported actual net matchable costs by target
population, identified in accordance with generally accepted accounting principles and in
accordance with the Community Mental Health Financing Guidelines published by the
Department pursuant to Administrative Rules R.2038 and R.2044 (IV-F-001-0001, 11/7/85),
as revised, contained in the addendum to Attachment C of this Contract. Matchable
expenses are subject to audit by the Department or by the Auditor General.
End-of-the-year cost settlements shall be considered final and not reopened for negotiation
in subsequent fiscal years as it regards the State share of cost of services, except where
audit finds the basis for cost settlement to be inaccurate or out of compliance with
Department guidelines.
PART III
OPERATING PROCEDURES
A. Financial Management Procedures.
1. Payable for Medicaid Fund Advance.
The Medicaid advance is provided as additional cash to meet current obligations pending
Commissioners Minutes Continued. May 27, 1993
205
receipt of reimbursement for Title XIX billings. This advance amount does not increase the
Department's commitment or establish any additional spending authority in excess of
Department matchable costs as obligated in the approved spending plan.
It is agreed that the Medicaid advance represents an on going liability due to the state. In
the event that the Contract is amended, terminated, or the Legislature requires the return of
this advance to the State, the Board will refund the permanent advance in full within thirty
(30) days. If the Board is unable to return the full amount of the advance, it is agreed that
the Department will collect the outstanding advance from future cash advances to the
Board, Medicaid or personal care payments and/or from the County's revenue sharing
payments through the Department of Treasury.
At the end of each fiscal year, the Board must certify in writing to the Department with
submission of the final expenditure report or earlier with the new year Contract Fiscal
Addendum submission that the permanent advance has been maintained and a liability
totaling $1,145,832 is recognized as being due to the State of Michigan. It should be further
indicated that this advance has not been committed or obligated for expansion of Board
operations beyond the amounts authorized in the approved spending plan.
Upon receipt of this certification and approval of a Board Spending Plan for the new fiscal
year, any decrease indicated to the Medicaid advance will be deducted from the regular
monthly cash advances to the Board, and the Department will advise the Board to adjust its
Medicaid cash advance liability accordingly. Any increase to the Medicaid advance will be
processed as an additional payment to the Board with a letter advising the Board to increase
its Medicaid cash advance liability.
2. Accounting and Auditing Standards, Principles and Procedures:
Expenditure reports are to reflect the accrual of client-based revenues. The following
documents should guide Board accounting procedures:
a. National Council of Governmental Accounting (MGA) - Statement Nos. 1 and 2
(March 1979), No. 3 (December 1981) and No. 4 (August 1982).
b. Michigan Governmental Accounting and Auditing Guide, issued by the Department
of Treasury, State of Michigan (April 1982).
c. Uniform Reporting Format for Financial Statements for Counties and Local Units of
Government in Michigan, issued by the Department of Treasury, State of Michigan
(April 1982).
d. Audits of State and Local Governmental Units, issued by the American Institute of
Certified Public Accountants in 1978.
3. Fiscal Auditing
a. The Board will ensure that a fiscal audit of each of its service agencies identified by
the Board and the Department is performed in conformance with the Department's
CMH Financing Guidelines, and the results submitted to the Department, if
requested.
b. The Board agrees to permit the Department to conduct an annual financial audit of
the Board's fiscal records and/or submit an independent audit for this contract
period.
4. County Appropriation Process
The appropriation by the County Board of Commissioners and the appropriation process, as
it relates to the responsibility of the County Executive and the Board of Commissioners, shall
be in accordance with Public Act 2 of the Public Acts of 1968, as amended, known as the
"Uniform Budgeting and Accounting Act," and the General Appropriations Act Resolution
adopted by the Oakland County Board of Commissioners.
Signatures:
___________________________________________________ __________________
Commissioners Minutes Continued. May 27, 1993
206
Chairperson, Oakland County Community Mental Health Date
Services Board
___________________________________________________ ___________________
Director, Michigan Department of Mental Health Date
Concurrence:
__________________________________________________ __________________
Chairperson, Oakland County Board of Commissioners Date
___________________________________________________ __________________
County Executive, Oakland County Date
___________________________________________________ __________________
Director, Oakland County Community Mental Health Date
Services Board
Fiscal Addendum
Michigan Department of Mental Health/
Oakland County Community Mental Health Services Board
CONTRACT FOR FULL MANAGEMENT
It is agreed among the parties, the Michigan Department of Mental Health ("Department") and the Oakland
County Community Mental Health Services Board ("Board") that the following constitutes the fiscal provisions
for State fiscal year 1992-93 related to the CONTRACT FOR FULL MANAGEMENT.
Section 1. Service Plan
The parties agree that the population will be served in accordance with the Service Summary and Spending
Plan of the Board with funding from all sources of $85,439,733 Grand Total for Service Summary and
Spending Plan). Portions of this service plan are supported by categorical and other funding sources
(substance abuse, Federal sources, other State departments, local non-match, Department grants, and
earned revenue) in the amount of $707,595 (Lines A through F). The remaining portions of this service plan
are supported by formula funding (the maximum match totals) in the amount of $84,732,138 (Line G).
Section 2. Funding Levels and Reporting Requirements
A. Total Obligations
The parties agree that decisions and actions outside of the terms of the Contract may influence the level of
categorical and other funding sources, and therefore service performance. Changes in categorical and other
funding sources which occur during the fiscal year will be reported to the Department in the form of Contract
amendments.
The parties agree to obligate their respective share of formula funds in accordance with the Service
Summary and Spending Plan. The Department has obligated $72,519,860 in State funds in support of
formula funding.
This obligation includes State funds as identified below which may be used only for the specified purpose:
1. Funds allocated in FY 90 for development or expansion of the following programs:
a. Services to Seriously and Persistently Mentally Ill Adults
Commissioners Minutes Continued. May 27, 1993
207
$ -0-
b. Services to Persons with DD Residing in the Community
$ -0- __
c. Services to Children $ -0-
d. Services to Fulfill the Requirements of OBRA with Regard to Nursing Homes
$ -0-
e. Residential and Support Service Programs
$ -0-
2. Funds allocated in FY 91 for development or expansion of the following programs:
a. Services to Seriously and Persistently Mentally Ill Adults
$ -0-
b. Services to Persons with DD Residing in the Community
$ -0-
c. Services to Children $ -0-
d. Services to Fulfill the Requirements of OBRA with Regard to Nursing Homes
$ 476,867 _
e. Residential and Support Serviced Programs $ -0- _
3. Funds allocated in FY 92 for development or expansion of the following programs:
a. Services to Fulfill the Requirements of OBRA with Regard to Nursing Homes
$ 39,958
b. Residential and Support Service Programs $ -0- _
4. Funds to support transportation to sheltered workshops.
$ 17,707
5. Funds to support the cost of drugs formerly provided by state facilities.
$ -0-
6. Funds to support services to children under DMH Model Waiver II.
$ 197,363
Such categorical funds shall be automatically rolled over into the Board's base funding unless contraindicated
by legislative appropriations or conditions of original funding.
Specifically, the Department agrees to pay the Board, on a net matchable basis, the state share of non-
reimbursed expenditures not to exceed the State ceiling established in this Contract, unless amended, for
formula funding for each service element within the various population groups and for Board Administration.
The Board has obligated $7,693,630 in local funds in support of formula funding. The Board agrees to pay
its share of non-reimbursed expenditures or the balance of formula fund expenditures, whichever is higher.
B. Medicaid Advances
The Department agrees to provide the Board with an advance equal to 1/6th of the total Title XIX revenues
(Federal and State share) as reflected in the attached approved spending plan. Based upon total expected
Title XIX revenues of $6,874,993 (total of items G 1 a(1) plus G 1 b(1) plus G 2 a(1) plus G 2 b (2)(a) of
Service Summary and Spending Plan). The Board acknowledges that upon receipt of this advance, a liability
due to DMH for $1,145,832 (1/6 of above) will be established separately.
Section 3 - Funding Obligations for State-Operated Services
The parties agree that the Board shall authorize payment for the actual number of days of care provided to its
residents in State inpatient and residential facilities/centers, up to the maximum funding obligation
aggregated by population, as follows:
Contract Base Vulnerability Maximum Funding
Factor Obligation
Commissioners Minutes Continued. May 27, 1993
208
MI ADULTS:
Inpatient 112,054 Days/$19,653,011
Residential 80,300 Days/$ 5,058,900
$24,711,911 x 1.05 = $25,947,506
MI CHILDREN:
Inpatient 22,307 Days/$ 5,145,593
Residential 25,185 Days/$ 2,956,865
$ 8,102,458 x 1.05 = $ 8,507,581
DEVELOPMENTALLY
DISABLED:
Inpatient 19,741 Days/$ 1,999,603
Residential 243,331 Days/$19,186,499
$21,186,102 x 1.04 = $22,033,546
Signatures:
__________________________________________________ __________________
Chairperson, Oakland County Community Mental Health Date
Services Board
__________________________________________________ ___________________
Director, Michigan Department of Mental Health Date
Concurrance:
__________________________________________________ __________________
Chairperson, Oakland County Board of Commissioners Date
___________________________________________________ __________________
County Executive, Oakland County Date
___________________________________________________ __________________
Director, Oakland County Community Mental Health Date
Services Board
Moved by Jensen supported by Pernick the resolution be adopted.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Kingzett, Law, McCulloch,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Aaron. (21)
NAYS: Johnson, Kaczmar, Wolf. (3)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: COMMUNITY MENTAL HEALTH SERVICES BOARD APPOINTMENTS -
Shelley G. Taub, Richard A. Herrle, Sr., Judith Summers
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the following appointments to the
Community Mental Health Services Board:
TERM ENDING 12/31/95
Shelley G. Taub
Commissioners Minutes Continued. May 27, 1993
209
TERMS ENDING 12/31/94
Richard A. Herrle, Sr., Judith Summers
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Schmid the report be accepted.
Moved by Kaczmar supported by Aaron the report be referred back to Committee.
AYES: Kaczmar, Kingzett, Oaks, Pernick, Price, Aaron. (6)
NAYS: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Law, McCulloch, Miltner, Moffitt,
Obrecht, Powers, Schmid, Taub, Wolf, Crake. (16)
A sufficient majority not having voted therefor, the motion failed.
Moved by Jensen supported by Law, the appointments be confirmed.
Moved by Oaks supported by Aaron, to place the name of Judge Sandra Silver for a term ending
12/31/95.
Moved by Aaron supported by Pernick, to add the names of Cal Lippett and Marcella Montante for
terms ending 12/31/94.
Discussion followed.
The vote was as follows:
Douglas - Taub, Herrle, Summers
Garfield - Taub, Herrle, Summers
Huntoon - Taub, Herrle, Summers
Jensen - Taub, Herrle, Summers
Johnson - Taub, Herrle, Summers
Kaczmar - Summers, Silver, Lippett
Kingzett - Declined to vote
Law - Taub, Herrle, Summers
McCulloch - Taub, Herrle, Summers
McPherson - Summers, Silver, Lippett
Miltner - Taub, Herrle, Summers
Moffitt - Taub, Herrle, Summers
Oaks - Silver
Obrecht - Taub, Herrle, Summers
Pernick - Summers, Silver, Lippett
Powers - Taub, Herrle, Summers
Price - Lippett
Schmid - Taub, Herrle, Summers
Taub - Taub, Herrle, Summers
Wolf - Taub, Herrle, Summers
Aaron - Silver, Lippett, Montante
Crake - Taub, Herrle, Summers
Dingeldey - Taub, Herrle, Summers
The vote was as follows:
Commissioners Minutes Continued. May 27, 1993
210
Taub - 16
Herrle - 16
Summers - 19
Lippett - 5
Silver - 5
Montante - 1
Shelley G. Taub declared elected for a term ending December 31, 1995
Richard A. Herrle, Sr. and Judith Summers declared elected for a term ending December 31, 1994.
MISCELLANEOUS RESOLUTION #93093
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: SENATE BILL 215 (OPPOSE) - PLACING RESPONSIBILITY OF PERSONAL PROPERTY TAX
ON LESSEE INSTEAD OF LESSOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 215, which has passed the Senate and is in the House Taxation Committee,
would change the state collection procedure on personal property taxes; and
WHEREAS the existing state law on personal property tax calls for assessing the owner or lessor but
Senate Bill 215 would require lessees of personal property to pay the tax; and
WHEREAS the provisions of Senate Bill 215 could create a great deal of confusion because
responsibility will rest with the lessee and the lessor would have no way of knowing if the lessee is paying the
taxes; and
WHEREAS Senate Bill 215 would increase costs to government since more transactions will occur in
treating each lessee on an individual basis and each transaction will increase computer and personnel costs;
and
WHEREAS Senate Bill 215 barely passed the Senate on a vote of 19 to 15 and four senators,
including three former tax assessors, registered a protest against the bill's passage, saying in effect that the
legislation is a bad idea.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners takes a
position opposing Senate Bill 215.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Association of
Counties, all House members from Oakland County and to the County's Legislation Agent and State
Government Liaison.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Wolf the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas. (24)
None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93076)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: RESCIND P. A. 312 OF 1969, COMPULSORY ARBITRATION OF LABOR DISPUTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. May 27, 1993
211
The General Government Committee, having reviewed the above referenced resolution, reports with
the recommendation that the resolution be adopted with the BE IT FURTHER RESOLVED paragraph
amended by adding at the end, "Michigan Association of Counties, Michigan Municipal League, Michigan
Township Association, Senate Leader, House Co-Speakers and the two pertinent Oakland County Unions."
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #93076)
By Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: RESCIND P.A. 312 OF 1969, COMPULSORY ARBITRATION OF LABOR DISPUTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on May 27, 1993, reports
with the recommendation that the resolution be adopted with the amendment proposed by the General
Government Committee.
Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93076
BY: Commissioner Sue Douglas, District #8
IN RE: RESCIND P.A. 312 of 1969, COMPULSORY ARBITRATION OF LABOR DISPUTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS P.A. 312 of 1969 was enacted on an experimental basis in response to a public need to
bring about an end to a perceived outbreak of work stoppages amongst public safety employees; and
WHEREAS P.A. 312, while designed to provide for an alternate, expeditious, effective and binding
procedure for the resolution of labor disputes, has had several unintended consequences which are
detrimental to the provision of responsible government for the taxpayers; and
WHEREAS compulsory arbitration under P.A. 312 is first and foremost an adversary process and, by
default, creates a perceived adversarial relationship between a governmental entity and its public safety
employees; and
WHEREAS the compulsory arbitration component of P.A. 312 wrestles control of negotiations from the
hands of the interested parties, those being the governmental entity and its public safety employees, and
surrenders jurisdiction in such matters to an unaffiliated party; and
WHEREAS by virtue of the State's public policy prohibiting strikes by public safety employees, the
compulsory arbitration component of P.A. 312 necessarily creates a differentiation between collective
bargaining practices amongst a governmental entity's bargaining units and creates an elite bargaining
process for public safety employees; and
WHEREAS due to the stringent time constraints imposed by P.A. 312, compulsory arbitration may
prevent the acquisition of sufficient actuarial cost data necessary to determine the impact of economic
disputes on the taxpayers; and
WHEREAS it is in the best interest of its citizens that Oakland County 1) have conformity and
standardization between collective bargaining procedures amongst all its bargaining units, 2) keep
negotiations pertaining to collective bargaining disputes in the hands of the interested parties, and 3) maintain
sufficient time to accurately and thoroughly assess the impact of each disputed issue.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
opposes the compulsory arbitration provisions of P.A. 312 of 1969 and urges the Governor and Legislature to
rescind P.A. 312 in the best interest of the citizens of the state of Michigan.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor and Oakland
County's delegation of state legislators.
I move the adoption of the foregoing resolution.
Sue Ann Douglas, District #8
Commissioners Minutes Continued. May 27, 1993
212
Kevin A. Miltner, Dennis N. Powers,
Ruth Johnson, Shelly Taub, Kay Schmid,
Donald W. Jensen, Thomas A. Law,
John Garfield, Marilynn Gosling,
Kay Schmid, John McCulloch,
Charles Palmer, Lawrence A. Obrecht
Moved by Jensen supported by Wolf the General Government and Personnel Committee Reports be
accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Jensen supported by Wolf the resolution be amended to correspond with the Reports.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Gosling, Jensen, Johnson, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Schmid, Wolf,
Crake, Dingeldey, Douglas, Garfield. (15)
NAYS; Huntoon, Kaczmar, Kingzett, McPherson, Pernick, Powers, Price, Aaron. (8)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #93094
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT-HEALTH SAVINGS BUDGET AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1993 Adopted Budget included a projected savings from the privatization of the Jail
Health Clinic of $285,724; and
WHEREAS after analysis of the various proposals from vendors, the Sheriff and the County Executive
recommended and the Board of Commissioners approved the Oakland County Health Department continue
to operate the Jail Health Clinic; and
WHEREAS the privatization of the Civil Unit functions provided additional savings of $18,661 in 1993
reducing the required savings to $267,063; and
WHEREAS the Sheriff remains committed to the appropriation process and therefore submitted a
proposal to reduce alternate expenditure accounts as detailed on the attached schedule A (Items 1-6); and
WHEREAS the County Executive, upon review, recommends adoption of the first four items,
specifically: reducing the budget for the Hospitalization of Prisoners and eliminating one Sergeant position
from the Fugitive Apprehension Team, one Arson Investigator position and one Crime Lab Specialist II
position effective June 25, 1993 saving $174,488 (see attached Schedule A); and
WHEREAS sufficient additional revenues in Sheriff's Department are currently available, thus avoiding
the need for additional staff reductions in the Sheriff's Department at this time, therefore the County
Executive recommends increasing the Sheriff's Revenue Budget by the remaining $92,575.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners approves the elimination of one
Sergeant position (#43915-01519) assigned to the Fugitive Apprehension Team, one Arson Investigator
position (#43915-02670), and one Crime Lab Specialist II position (#43910-01418).
BE IT FURTHER RESOLVED the Board of Commissioners approves the elimination of one vehicle
from the Oakland County Leased Vehicle fleet assigned to the Sheriff's Department.
BE IT FURTHER RESOLVED the Board of Commissioners authorizes the following 1993 Budget
amendment increasing revenues by $95,575 and reducing expenditures $174,488 to meet the anticipated
but not realized budget savings from the jail health clinic.
REVENUE: (3-10100)
Commissioners Minutes Continued. May 27, 1993
213
Board & Care 433-01-00-2036 $ 22,575
Board & Care 434-30-00-2036 25,000
O.I.U.L. 3rd Offense 433-01-00-2379 45,000
Total Revenue Increase $ 92,575
EXPENDITURE: (4-10100)
Hospitalization of Prisoners 433-10-00-3396 ($ 50,000)
Salaries - Regular 439-15-00-1001 ( 81,465)
Fringe Benefits 439-15-00-2070 ( 39,477)
Uniform Replacement 439-01-00-4822 ( 559)
Deputy Supplies 439-01-00-4820 ( 253)
Leased Vehicles 436-01-00-6610 ( 2,234)
Radio Communications 439-01-00-6600 ( 518)
Sub-Total ($174,488)
Jail Health Savings 433-10-00-7999 $267,063
Total Expenditure Increase $ 92,575
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93095
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: RISK MANAGEMENT - WORKERS' COMPENSATION THIRD PARTY ADMINISTRATION
IMPREST CASH ACCOUNT FOR ASU RISK MANAGEMENT SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #88002 authorized the establishment of an imprest cash account
for the administrator of the Workers' Compensation Fund; and
WHEREAS the firm ASU Risk Management Services will be retained for the administration of Workers'
Compensation claims; and
WHEREAS a $50,000 imprest cash account is requested to cover claim payments; and
WHEREAS funds are available in the Workers' Compensation Fund; and
WHEREAS the Board of Commissioners requires notification and approval of all cash advances.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners authorizes a $50,000 advance for
payment of workers' compensation claims on behalf of the County of Oakland.
BE IT FURTHER RESOLVED funds be transferred within the Workers' Compensation Fund as follows:
1-73510-001-001 Cash Operating $(50,000)
1-73510-060-001 Imprest Cash 50,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Dingeldey the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling. (24)
NAYS; None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93096
Commissioners Minutes Continued. May 27, 1993
214
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR 1993
ASPHALT PAVING PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #92179 the Board of Commissioners authorized the County
Executive's Facilities Engineering Division to receive bids for the paving of several parking lot expansion
projects to offset parking space lost due to the construction of the Courthouse West Wing Expansion Project;
and
WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned
project were received and opened on May 6, 1993; and
WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and
recommends that the lowest responsible bidder, Asphalt Specialists, Inc. of Pontiac, Michigan, be awarded a
contract in the amount of $280,400; and
WHEREAS the total project cost is estimated to be $320,000; and
WHEREAS funding of $300,000 is available in the 1993 Capital Improvement Program - Utilities
Section for this project and the remainder of $20,000 is available in the South Water Connection Project of
the Capital Improvement Program - Utilities Section.
NOW THEREFORE BE IT RESOLVED as follows:
1) The Board of Commissioners authorizes the transfer of $320,000 from the 1993
Capital Improvement Program - Utilities Fund #40200 to the Project Work Order
Fund #40400 to establish the 1993 Asphalt Paving Program.
2) The contract proposal of Asphalt Specialists, Inc. of Pontiac, Michigan in the amount
of $280,400 be accepted and the contract awarded in concurrence with Planning and
Building Committee recommendations.
3) Funds be provided in the amount of $39,600 to cover the remaining project costs
including Contingency.
4) The Chairperson of the Board of Commissioners is hereby authorized and directed to
execute a contract with Asphalt Specialists, Inc. of Pontiac, Michigan on behalf of the
County of Oakland.
5) The County Executive's Department of Public Works, Facilities Engineering Division,
shall notify the selected vendor of this award, in writing, no later than 10 days after
adoption of this resolution. The award will not be effective until the selected vendor
has been notified.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
REPORT (#93096)
BY: Planning and Building Committee, Charles Palmer,, Chairperson
TO: Finance Committee, John McCulloch, Chairperson
IN RE: Award of Contract-1993 Asphalt Paving Program (Project 92-16)
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the bid summary for the above-referenced
project on May 18, 1993, reports with the recommendation that the contract be awarded to Asphalt
Specialists, Inc., of Pontiac, Michigan, in the amount of $280,400; for a total project cost of $320,000.
Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by McCulloch supported by Aaron the Planning and Building Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Aaron the resolution be adopted.
Commissioners Minutes Continued. May 27, 1993
215
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93083
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
RE: PERSONNEL DEPARTMENT-SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR
1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners
for Grades 1 - 21 provide for a review and appeal process for departments and employees wishing to
challenge the salary grade placement of classifications; and
WHEREAS the First Quarterly Report for 1993 was submitted to the Personnel Committee identifying
the reviews requested and the salary grade changes recommended by the Personnel Department after
completion of this review process; and
WHEREAS funds have been established in the Classification and Rate Change fund to implement
salary grade changes resulting from salary administration quarterly report recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes implementation of
changes in salary grade placement as shown:
Salary Grade
Classification From: To: Location-Position
Library Technician II 6 8 511301 - 02140
(Retitle 1 position only
to new class of Jail Library
Technician, Reg. OT)
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #93083)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR
1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution
#93083 and finds:
1) The Personnel Committee has approved the attached Salary Administration First Quarterly report
for 1993;
2) Governmental funded salary cost for the period May 29,1993 through December 31, 1993 is $676,
fringe benefit cost for the same period is $216;
3) Governmental annual cost is $1,123 for salaries, $359 for fringe benefits, as shown in Schedule 1
(Attached);
4) Funds are available in the 1993 Appropriation Reserve for
Transfer Classification and Rate Changes Account and the following amendments are recommended:
1993
4-10100-909-01-00-9902 Rate & Classification ($892)
Changes
Board of Commissioners
Commissioners Minutes Continued. May 27, 1993
216
4-10100-513-02-00-1001 Library Board - Salaries 676
4-10100-513-02-00-2077 Fringe Benefits - Retirement 164
4-10100-513-02-00-2079 Fringe Benefits - Social Security 52
892
$ -0-
FINANCE COMMITTEE
Moved by Gosling supported by Douglas the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Gosling, Huntoon, Jensen. (22)
NAYS: Aaron, Garfield. (2)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93097)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: SHERIFF'S DEPARTMENT - PRIVATIZATION OF CIVIL UNIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on May 20, 1993, reports
with the recommendation that the resolution be adopted with the following amendments to the contract:
Paragraph 10: Add language stating the books and records kept by the contractor are subject to
approval of the Oakland County Department of Management and Budget.
Paragraph 18, first sentence: Change December 31 1996 to December 31, 1994 and add and shall
be renewable annually thereafter until December 31, 1996.
Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93097
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - PRIVATIZATION OF CIVIL UNIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff's Department is required by State of Michigan Law to serve certain Circuit Court
civil process including Writs of Restitution Execution and Attachments, Tax Title Notices, Foreclosure Sales,
Levy of Real Estate, among others; and
WHEREAS in 1992 the Sheriff's Department Civil Unit, which was comprised of eleven employees,
performed this function; and
WHEREAS the 1993 Adopted Budget included the elimination of the Civil Unit and the privatization of
these functions by April 1, 1993; and
WHEREAS Miscellaneous Resolution 93046 extended this function by extending five positions in the
Civil Unit which will be eliminated June 1, 1993; and
WHEREAS by privatizing these functions the county can save $350,000 per year by deleting all Civil
Unit positions except one Account Clerk II and four Civil Unit vehicles ; and
WHEREAS if the Sheriff fails to have certain civil processes served in a timely fashion, State Law
allows for the Sheriff to be personally responsible up to and including removal from office; and
WHEREAS the service of certain process can only be performed by a deputized individual who must
work closely with the Sheriff's Department; and
WHEREAS the Sheriff has the power to deputize an individual or individuals to perform this function;
and
WHEREAS the Sheriff ultimately remains responsible for the service of these papers and must be able
to authorize these activities to a trusted individual or company by contract; and
Commissioners Minutes Continued. May 27, 1993
217
WHEREAS the Sheriff's Department will need to retain one Sergeant position through September 3,
1993 to assist in the smooth transition to the privatization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the privatization of the Civil Unit functions and authorizes the Sheriff and the Chairperson of the Board to
execute the attached contract with the selected individual or company to perform the process of civil papers
for the Sheriff.
BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners reaffirms the
elimination of positions consistent with Miscellaneous Resolution # 93046 and further authorizes the
elimination of one Sergeant position (43205-00832) effective September 3, 1993.
BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners authorizes the
reduction of four vehicles from the Sheriff's Department Civil Unit in the Oakland County Leased Vehicle
fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. 93097)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - PRIVATIZATION OF CIVIL UNIT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above named resolution
and finds:
1) The net costs to operate the Civil Unit in 1992 were $420,054. The projected cost to operate the Civil
Unit in 1994 are $62,510 saving the County an estimated $357,544 per year. (See Attachment B for
detail.)
2) To privatize the Civil Unit functions will require a professional services contract with an annual cost of
$18,000 and the elimination of a Sergeant position effective September 3, 1993 and the deletion of four
vehicles assigned to the Sheriff's Department Civil Unit from the County's Leased Vehicle fleet.
3) By privatizing the Civil Unit effective June 1, 1993, the 1993 cost for the privatization is $252,183, a
reducing costs by $12,361 from the 1993 Budget and 1993 Revenue of $32,050 is an increase of
$6,300 from the 1993 Budget for a total savings of $18,661 as shown on Attachment A.
4) The savings should be transferred to the Projected Jail Health Savings which did not materialize.
5) The Finance Committee recommends the Budget be amended as shown on Attachment A.
FINANCE COMMITTEE
Moved by Obrecht supported by Huntoon the Personnel Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Huntoon the resolution be amended to correspond with the Personnel
Committee Report and amended to concur with items 5 & 6 in the Fiscal Note.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid,
Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (21)
NAYS: McPherson, Oaks, Aaron. (3)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Commissioners Minutes Continued. May 27, 1993
218
MISCELLANEOUS RESOLUTION #93098
BY: Dennis N. Powers, Commissioner, District #10
IN RE: DRAIN COMMISSION - LAKE BOARDS: EXEMPT COUNTY COMMISSIONERS FROM
MANDATORY MEMBERSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Inland Lake Improvement Act of 1966 (P.A. 345) was adopted under the Constitutional
provision for the protection of air, water and other natural resources of the State from pollution, impairment
and destruction; and
WHEREAS the local governing body of any local unit in which the whole, or any part, of the waters of
any public inland lake is situated may establish a lake board to administer lake improvement projects not
inconsistent with P.A. 345; and
WHEREAS Section 4(1)(a) of P.A. 345 requires that a lake board consist of, among others, a member
of the county board of commissioners who shall be appointed by the chairperson of the county board of
commissioners; and
WHEREAS there are 35 lake boards currently in Oakland County, and, with more than 400 lakes, the
potential exists for the establishment of a significantly larger number of lake boards; and
WHEREAS the role of the county commissioner is diminished since project decisions are primarily
made by representatives of each local governmental unit, other than a county, affected by the project, yet the
attendance requirements imposed on county commissioners for limited participation at lake board meetings
is another layer of government inflicted on our citizens which is not needed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
opposes the requirement of P.A. 345 that county commissioners serve on lake boards and requests that the
Governor and Legislature revisit P.A. 345 to exempt county commissioners from the membership
requirements as outlined in Section 4(1)(a).
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor, Oakland County's
delegation of state legislators, and the Department of Natural Resources.
I move the adoption of the foregoing resolution.
Dennis N. Powers, Shelley Goodman Taub,
Kay Schmid, Donna R. Huntoon
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #93099
BY: Donn L. Wolf, County Commissioner-District #19
IN RE: BOARD OF COMMISSIONERS-SUPPORT EXEMPTION OF COUNTIES, STATES AND LOCAL
GOVERNMENTS FROM PROPOSED ENERGY TAX
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners has been a strong advocate for, and
participant in, intergovernmental partnerships with federal, state and municipal governments; and
WHEREAS, President Clinton has proposed an energy tax based on BTU's which would be paid by
most consumers including counties, states, cities and other local governments; and
WHEREAS, the tax would be phased in over a three year period and would be fully in effect in 1997;
and
WHEREAS, it is estimated by the Joint Congressional Committee on Taxation that approximately 13
percent of the revenues from the tax would come from state and local governments which is estimated to
amount to $3 billion a year when fully implemented; and
WHEREAS, the cost of this tax will result in the need for other local governments to increase property
taxes, sales taxes and service fees or to reduce local services to its citizens; and
WHEREAS, this would result in double taxation of citizens in order to raise the revenue projected in the
Commissioners Minutes Continued. May 27, 1993
219
Energy Tax proposal; and
WHEREAS, the burden on counties, cities and states is particularly onerous at this time when most of
these governments are still experiencing the adverse effects of the recession.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly
urges Congress to respect the traditional standards of reciprocal tax immunity between federal, state and
local levels of government.
BE IT FURTHER RESOLVED that Congress should exempt states, counties, cities and other local
governments from having to pay this tax.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, the Legislators
representing Oakland County, the Michigan Association of Counties and the National Association of
Counties.
Chairperson, I move the adoption of the foregoing resolution.
Donn L. Wolf
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
In accordance with Rule XXII, the following referrals were made by the Chairperson.
FINANCE
a MAC - Fiscal Year 1992-93 Medicaid Intergovernmental Transfer
GENERAL GOVERNMENT
a. MAC - Fiscal Year 1992-93 Medicaid Intergovernmental Transfer
b. MAC - Indigent Paternity Attorney/Domestic Relations Rules
c. City of Sylvan Lake - (Support) SB 85, Creation of a Regional Sewer & Water Authority Act
d. Nat Pernick - Request to Forgive Debt Hospital, Medical Bills for Raymond Wells
e. Oceana County Board of Commissioners - Property Tax Changes & County Revenue Loss
Reimbursement
PLANNING & BUILDING
a. City of Sylvan Lake - (Support) SB 85, Creation of a Regional Sewer & Water Authority Act
There were no objections to the referrals.
The next meeting of the Board will be June 10, 1993 at 9:30 A.M.
The Board adjourned at 12:40 P.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson