Loading...
HomeMy WebLinkAboutMinutes - 2002.09.19 - 8313411 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 19, 2002 Meeting called to order by Chairperson Thomas Law at 10:05 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub. (23) ABSENT: Brian, Webster (absent with notice). (2) Quorum present. Invocation given by Tim Melton. Pledge of Allegiance to the Flag. Moved by Palmer supported by Moss the minutes of the September 5, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Sever supported by Suarez the rules be suspended and the agenda be amended, as follows: GENERAL GOVERNMENT COMMITTEE: c. Department of Information Technology – Partnership Agreement with the Federal Emergency Management Agency (FEMA) to Redelineate Floodplain Boundaries in Oakland County. PLANNING AND BUILDING COMMITTEE: c. Drain Commissioner – 2002 Lake Level Assessments for Operation and Maintenance. d. Drain Commissioner – 2002 Chapter 4 Drain Maintenance Assessment Resolution. e. Drain Commissioner – 2002 Chapter 18 Drain Maintenance Assessment Resolution. (Reason for Suspension of General Government Committee, item c, and Planning and Building Committee, items c, d, and e: Waiver of Rule XII.C.1 – Direct Referral to Finance Committee.) f. Department of Facilities Management – Acceptance and Approval of Purchase Agreement for the Sale of 20.06 Acres of Residential Property Located in the City of Pontiac, Known as Tax Identification No. 14-15-276-001. (Reason for Suspension of General Government Committee, item f: Waiver of Rule XII.C.1 – Suspension of Referral to Finance Committee for action by the board on September 19, 2002.) The Chairperson made the following statement, “A Public Hearing is now called on the Fiscal Year 2003- 2004 Budget and General Appropriations Act. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. Commissioners Minutes Continued. September 19, 2002 412 Moved by Coleman supported by Crawford the resolutions on the Consent Agenda be adopted. (The vote for this motion appears on page 431.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #02207 BY: Nancy Dingeldey, District #11 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF COMMERCE – FISCAL YEAR 2000 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Township of Commerce has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Township of Commerce is requesting reimbursement for expenses directly related to water main connection; and WHEREAS authorized funding for FY 2000 for the Township of Commerce is $117,321.87 from the Environmental Infrastructure Fund as repayment to the Township of Commerce for expenses incurred in connection with the water main connection project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Commerce as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2000 appropriation in the amount of $117,321.87 from the Environmental Infrastructure Fund (Account #90-263206-41000-3985) to repay the Township of Commerce for expenses incurred in connection with the water main connection project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. NANCY DINGELDEY Copy of attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #02207) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INTRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF COMMERCE – FISCAL YEAR 2000 ALLOCATION 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. Funding of $117,321.87 is available in the Environmental Infrastructure Fund for Fiscal Year 2000, to reimburse the Charter Township of Commerce for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 431.) Commissioners Minutes Continued. September 19, 2002 413 *MISCELLANEOUS RESOLUTION #02208 BY: David Galloway, District #2, Tom Middleton, District #4, Lawrence Obrecht, District #3 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2001 AND FISCAL YEAR 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Township of Independence has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Township of Independence is requesting reimbursement for expenses directly related to Clarkston Gardens storm water drainage; and WHEREAS authorized funding for FY 2001 and FY 2002 for the Township of Independence is $112,473.23 annually from the Environmental Infrastructure Fund as repayment to the Township of Independence for expenses incurred in connection with the storm water drainage project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Independence as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2001 and FY 2002 appropriation in the amount of $112,473.23 annually from the Environmental Infrastructure Fund (Account #90-263212- 41000-3985) to repay the Township of Independence for expenses incurred in connection with the Clarkston Gardens storm water drainage project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. THOMAS MIDDLETON Copy of attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #02208) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2001 AND FISCAL YEAR 2002 ALLOCATION 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. Funding of $112,473.23 is available annually in the Environmental Infrastructure Fund for Fiscal Year 2002 to reimburse the Charter Township of Independence for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02209 BY: Tom Middleton, District #4, Fran Amos, District #5 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WATERFORD – FISCAL YEAR 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share Commissioners Minutes Continued. September 19, 2002 414 of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Township of Waterford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Township of Waterford is requesting reimbursement for expenses directly related to numerous sanitary sewer projects; and WHEREAS authorized funding for FY 2002 for the Township of Waterford is $262,893.19 from the Environmental Infrastructure Fund as repayment to the Township of Waterford for expenses incurred in connection with the sanitary sewer projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Waterford as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $262,893.19 from the Environmental Infrastructure Fund (Account #90-263229-41000-3985) to repay the Township of Waterford for expenses incurred in connection with sanitary sewer extension projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. THOMAS MIDDLETON Copy of letter from Terry E. Biederman, PE, Charter Township of Waterford and Attachment A on file in County Clerk’s office. FISCAL NOTE (MISC. #02209) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WATERFORD – FISCAL YEAR 2002 ALLOCATION 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. Funding of $262,893,19 is available in the Environmental Infrastructure Fund for Fiscal Year 2002, to reimburse the Charter Township of Waterford for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02211 BY: Shelley G. Taub, District #12 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE – FISCAL YEAR 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the City of Orchard Lake has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the City of Orchard Lake is requesting reimbursement for expenses directly related to sewer and drainage related to the Indian Trail paving project; and Commissioners Minutes Continued. September 19, 2002 415 WHEREAS authorized funding for FY 2002 for the City of Orchard Lake is $20,101.47 from the Environmental Infrastructure Fund as repayment to the City of Orchard Lake for expenses incurred in connection with the paving project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Orchard Lake as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $20,101.47 from the Environmental Infrastructure Fund (Account #90-263250-41000-3985) to repay the City of Orchard Lake for expenses incurred in connection with the sewer and drainage related to the Indian Trail paving project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB Copy of attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #02211) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE – FISCAL YEAR 2002 ALLOCATION 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. Funding of $20,101.47 is available in the Environmental Infrastructure Fund for Fiscal Year 2002, to reimburse the City of Orchard Lake for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02215 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT – AUTHORIZATION TO PROCEED AND APPROPRIATION OF FUNDS FOR 52-2 DISTRICT COURT RENOVATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has mandated an additional judgeship, effective January 1, 2003, for the 52nd District Court, 2nd Division located in Clarkston, Michigan; and WHEREAS renovations to approximately 4,000 square feet of the 52-2 District Court Courthouse are required to accommodate the new judge, associated staff, and the resulting increase in the volume of business at the court; and WHEREAS the FY 2002 Capital Improvement Program includes funding in the amount of $600,000 for the 52-2 District Court Renovations Project; and WHEREAS the scope of the project has been significantly reduced through further development of the design, reducing total estimated project costs to $235,000; and WHEREAS the proposed renovations will be performed by the building landlord, based on Oakland County construction drawings and specifications; and WHEREAS furniture and equipment will be obtained through the Purchasing Division in accordance with Purchasing procedures; and WHEREAS funding in the amount of $235,000 is available for transfer from the FY 2002 Capital Improvement Program/Building Improvement Fund (#401) to the Project Work Order Fund (#404) for the 52-2 District Court Renovations Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the 52-2 District Court Renovations Project in the amount of $235,000. Commissioners Minutes Continued. September 19, 2002 416 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $235,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) to establish the 52-2 District Court Renovations Project. BE IT FURTHER RESOLVED that the FY 2002 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($235,000) Project Work Order Fund #404 3-14-310007-80303-1701 Operating Transfer In 235,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (MISC. #02215) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: FACILITIES MANAGEMENT - AUTHORIZATION TO PROCEED AND APPROPRIATION OF FUNDS FOR 52-2 DISTRICT COURT RENOVATIONS To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the need to accommodate an additional judgeship effective January 1, 2003 at the 52nd District Court in Independence Township, and the Department of Facilities Management report dated September 10, 2002, recommends approval of the 52- 2 District Court Renovations Project. The Committee further recommends funding for the project cost of $235,000.00 including contingency, be approved. Additionally, the Planning and Building Committee supports the attached Finance Committee Resolution. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02216 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION –APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH CHARTER TOWNSHIP OF COMMERCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for these contracts are included in the FY 2003 budget, and therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the Charter Township of Commerce. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the aforementioned municipality as required by law. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract for Oakland County Equalization Division Assistance Services with the Charter Township of Commerce on file in County Clerk’s office. Commissioners Minutes Continued. September 19, 2002 417 (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02217 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - PROSECUTING ATTORNEY - USE OF PROGRAM INCOME FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney has implemented alternative prosecution programs including the Bad Check Restitution Program; and WHEREAS revenue for this program is currently unbudgeted and totaled $10,164.32 as of August 31, 2002; and WHEREAS a furniture assessment was done in the Prosecuting Attorney’s office and a number of furniture items were determined to be unstable and pose a risk of injury; and WHEREAS the Prosecuting Attorney seeks to utilize a portion of the year-to-date Program Income funds to offset the cost of the replacement of approximately 22 unstable Task Chairs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes the Program Income revenue to offset the acquisition of task chairs. BE IT FURTHER RESOLVED that the Prosecuting Attorney FY 2002 Budget be amended as follows: Revenue 41-110000-41700-0820 Program Income $10,100 Expenditures 41-211000-41700-4100 FA Exp. Equip. Exp. $10,100 $ -0- 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 431.) *MISCELLANEOUS RESOLUTION #02218 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - SUPPORT OF FEDERAL FUNDING FOR WEST NILE VIRUS PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the House of Representatives is reviewing the Labor Health and Human Services (LHHS) Fiscal Year 2003 Appropriations Bill this week. This is also a critical time for our counties to fight to protect our citizens against the West Nile virus threat; and WHEREAS the Center for Disease Control reports 29 positive cases of West Nile Virus in the State of Michigan, with two associated deaths. Of these, Oakland County has 18 reported human cases - the highest in the State; and WHEREAS Representative David Vitter has sent a letter to Representative Ralph Regula, Chairman of the Labor, Heath and Human Services, and Education Subcommittee requesting $55 million in funding for the West Nile virus program; and WHEREAS continuing to fight West Nile outbreaks has drained significant state resources, and while the federal government -- specifically the Department of Health and Human Services and the Centers for Disease Control – has allocated some federal funds, combating the outbreaks absolutely requires additional federal funds; and WHEREAS we are concerned that since response time is critical, “frontline” agencies on the local level lack the resources they need to respond swiftly to reported cases. Therefore, our request is twofold: 1) We would like to see significant additional resources to address this serious public health threat. We request an additional $40 million for the Centers for Disease Control West Nile virus program and an additional $15 million for the National Institute of Health (NIH) to research treatment and a vaccine. While there is no vaccine available at this time for West Nile virus, NIH has indicated that perhaps it may begin testing one this fall. Funding at this juncture will provide the boost necessary to forward this research. 2) Local governments are primarily responsible for mosquito surveillance and eradication efforts. Yet in the Commissioners Minutes Continued. September 19, 2002 418 past, federal funds were only available for monitoring the outbreaks. The success of these programs requires more flexibility from the federal government, and should include public education as well as building and updating laboratory, diagnostic, and storage facilities; and WHEREAS the Centers for Disease Control’s efforts to complete a national plan for West Nile virus response including surveillance, prevention, and control of the virus nationwide. However, political subdivisions of states such as local and county/parish governments, play a significant role in combating outbreaks, and must also be fully prepared to perform these functions. A significant amount of the funding provided in the Fiscal Year 2003 Labor/HHS/Education Appropriations bill for West Nile virus response, therefore, should be used to fund these purposes at the local level. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby urge our Congressional Delegation to support the efforts to provide funding in Fiscal Year 2003 for the West Nile virus program. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Oakland County Delegation: Congress Members Mike Rogers, Dale Kildee, Joe Knollenberg and Sander Levin; President George Bush, Chairman Ralph Regula, the National Association of Counties and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. WILLIAM R. PATTERSON, PETER H. WEBSTER, TIM W. MELTON, SHELLEY TAUB, HUGH D. CRAWFORD, CHUCK MOSS, TOM MIDDLETON, RUEL E. MCPHERSON, MICHELLE FRIEDMAN APPEL, CHARLES PALMER, JOHN GARFIELD (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02200 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2002 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the third Quarter 2002 data processing development charges to be $1,389,527.60 and the imaging development charge to be $22,568.00 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $143,807.30 and non-county agencies are $0 for the Third Quarter 2002; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Third Quarter 2002 Data Processing Development Report and approves the Third Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary Third Quarter 2002 on file in County Clerk’s office. Commissioners Minutes Continued. September 19, 2002 419 FISCAL NOTE (MISC. #02200) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD QUARTER 2002 DEVELOPMENT APPROPRIATION TRANSFER 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 appropriates and charges the Information Technology Third Quarter 2002 Development cost to benefiting departments. 2. The third quarter data processing development charges are $1,389,527.60; imaging development charges are $22,568 for General Fund/General Purpose departments; direct charges to Special Revenue and Proprietary Fund departments are $143,807.30; and charges to non-county agencies are $0. 3. The respective departmental Fiscal Year 2002 budgets are to be amended as specified in the attached detailed schedule. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02219 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO THE UNITED STATES ARMY CORPS OF ENGINEERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Army Corps of Engineers (USACE) has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement and none previously existed relating to the use of this data by USACE; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel and final approval of its terms and conditions by Corporation Counsel is pending; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that on final approval of its terms and conditions by Corporation Counsel, the Board of Commissioners approves and executes the attached intergovernmental agreement and authorizes the transfer of the information cited therein. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement between the County of Oakland and The United States Army Corps of Engineers on file in County Clerk’s office. (The vote for this motion appears on page 431.) Commissioners Minutes Continued. September 19, 2002 420 *MISCELLANEOUS RESOLUTION #02220 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PARTNERSHIP AGREEMENT WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO REDELINEATE FLOODPLAIN BOUNDARIES IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has developed topography and hydrography GIS data that can be used to accurately re-delineate floodways and floodplains; and WHEREAS the re-delineation of floodways and floodplains will assist the County and local units of government with the review of new land developments, mitigation of natural disasters, and the management of infrastructure; and WHEREAS the re-delineation of floodways and floodplains and the adoption of new Flood Insurance Rate Maps (FIRMs) will lower the cost of flood insurance for residents of the County; and WHEREAS the County has solicited federal funding from FEMA to assist in the re-delineation of floodways and floodplains; and WHEREAS FEMA will fund seventy-five percent of Phase 1 & 2 of the project and the County will fund twenty-five percent of Phase 1 & 2 of the project with in-kind services; and WHEREAS a Partnership Agreement and Mapping Activity Statement has been drafted by the County and final approval of its terms and conditions by Corporation Counsel is pending. NOW THEREFORE BE IT RESOLVED that on final approval of its terms and conditions by Corporation Counsel, the Board of Commissioners approve and execute the Partnership Agreement and Mapping Activity Statement and authorize the receipt of federal funding cited therein. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Contract Review – Information Technology on file in County Clerk’s office. FISCAL NOTE (MISC. #02220) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PARTNERSHIP AGREEMENT WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REDELINEATE FLOODPLAIN BOUNDARIES IN OAKLAND COUNTY 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 purpose of this project is to re-delineate floodways and floodplains. This will assist local communities reviewing new developments, mitigation of natural disasters, and support the effort to lower the cost of flood insurance for the residents of Oakland County. 2. The resolution applies for and accepts the FEMA funding related to the attached Memorandum of Understanding, Mapping Activity Statement and budget once final approval of terms and conditions has been obtained from Corporation Counsel. 3. Total project cost is estimated to be $79,357. The funding will be split with seventy-five percent coming from the Federal Government and twenty-five percent will consist of in-kind contribution provided by the Department of Information Technology operating budget ($59,518 and $19,839 respectively). 4. Funding will be utilized for personnel costs, contractual services, travel, training and supplies as delineated in the Mapping Activity Statement. No additional General Fund/General Purpose appropriation is required. 5. The period of this agreement is October 2002 through July 2003. 6. A budget amendment is recommended to reflect the budget detail for the agreement per the attached Schedule. FINANCE COMMITTEE Commissioners Minutes Continued. September 19, 2002 421 Copy of Budget Detail to Fiscal Note Department of Information Technology Memorandum of Understanding with Federal Emergency Management Agency (FEMA) to Redelineate Floodplain Boundries in Oakland County on file in County Clerk’s office. (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02221 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2002/2003 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has been awarded by the Michigan Department of Community Health (MDCH) $5,029,571 in Substance Abuse Grant Funds for the period of October 1, 2002 through September 2003; and WHEREAS the 2002/2003 grant award includes $5,029,571 in grant revenue and expenditures for this program, an increase of $98,405 (1.95%) from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County’s competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2002/2003 Substance Abuse Grant from the Michigan Department of Community Health in the amount of $5,029,571. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County’s approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Department of Human Services Health Division Fiscal Year 2002/2003 Substance Abuse Grant Acceptance and Contract Review – Health Division on file in County Clerk’s office. FISCAL NOTE (MISC. #02221) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2002/2003 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Department of Human Services/Health Division has been awarded by the Michigan Department of Community Health (MDCH) $5,029,571 in Substance Abuse Grant funds. Commissioners Minutes Continued. September 19, 2002 422 Other sources of funding include fees and collections in the amount of $137,200, Local funds of $533,377, Federal funding of $39,599 and Medicaid funding in the amount of $173,872 which totals funding in the amount of $5,913,619. 2. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 3. Grant acceptance represents an increase from the prior year grant amount of $98,405 a (1.95%) increase from the previous year. 4. The grant period extends from October 1, 2002 through September 30, 2003. 5. The Fiscal Year 2003 budget of $2,362,527 should be amended to match the Fiscal Year 2003 award as delineated on the attached schedule. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02222 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (THE CATHOLIC CENTRAL HIGH SCHOOL OF DETROIT PROJECT) - CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (The Catholic Central High School of Detroit Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the EDC to this Board is hereby certified as approved. BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20 (b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 431.) Commissioners Minutes Continued. September 19, 2002 423 *MISCELLANEOUS RESOLUTION #02223 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (THE CATHOLIC CENTRAL HIGH SCHOOL OF DETROIT PROJECT) - CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (The Catholic Central High School of Detroit Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the appointments of John DiPonio and Frank Murphy, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4 (2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor; and BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict; and BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02224 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2002 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 the Inland Lake Level Act, Act No. 146 of the Public Acts of 1961, as amended by Act No. 59 of the Public Acts of 1995 (Part 307), the Oakland County Drain Commissioner operates and maintains 35 lake level control devices/structures and 6 lake augmentation pumps that regulate the legally established water level of 53 lakes located within Oakland County; and WHEREAS the Drain 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 said Act No. 59 requires that the Drain 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 2002, the Drain Commissioner proposes to assess 28 separate Lake Level Districts for the total aggregate amount of $364.177.40 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 13 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring Board of Commissioner authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2002, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $364,177.40, being the sum total of assessments for the said year to be assessed against all Commissioners Minutes Continued. September 19, 2002 424 of the benefiting properties and government entities comprising the assessment rolls of 28 separate Lake Level Districts itemized on the listing attached hereto, including 13 assessments in excess of $10,000.00. 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 Drain Commissioner 2002 Lake Level Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #02224) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – 2002 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 Drain Commissioner to assess, levy, and collect $364,177.40 for the year 2002 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 28 lake levels located within Oakland County. 2. The County’s share of the assessments for operations and maintenance of lake levels is $1,851.84. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02225 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER 2002 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 Drain Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Drain 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 Drain Commissioner to levy assessments against Drainage District of drains established in accordance with said Chapter 4, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500.00 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2002, the Drain Commissioner proposes to assess the 24 Drainage Districts the total aggregate amount of $71,959.77, for the maintenance, operation, clean out and repair of 24 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2002, for the purpose of operating, maintaining, cleaning out and repairing 24 drains located in Oakland County, the total aggregate amount of $71,959.77, 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 24 Drainage Districts itemized on the listing attached hereto. Commissioners Minutes Continued. September 19, 2002 425 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 Drain Commissioner 2002 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #02225) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – 2002 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 Drain Commissioner to assess, levy, and collect $71,959.77 for the year 2002 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 24 Chapter 4 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 4 drains is $3,585.20. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02226 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2002 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 Drain Commissioner operates and maintains a number of open ditch and/or enclosed pipe 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 Drain 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 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage Districts of Drains established in accordance with said Chapter 18, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500.00 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2002, the Drain Commissioner proposes to assess the 14 Drainage Districts the total aggregate amount of $29,296.15 for the maintenance, operation, clean out and repair of 14 drains, all in accordance with the said $2,500.00 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2002, for the purpose of operating, maintaining, cleaning out and repairing 14 drains located in Oakland County, the total aggregate amount of $29,296.15, 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 14 Drainage Districts itemized on the listing attached hereto. Commissioners Minutes Continued. September 19, 2002 426 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 Drain Commissioner 2002 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #02226) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – 2002 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 Drain Commissioner to assess, levy, and collect $29,296.15 for the year 2002 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 14 Chapter 18 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 18 drains is $1,875.58. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02205 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2002-2003 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, Family Independence Agency, annually; and WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Family Independence Agency have developed the attached foster care services budget for the State's fiscal year, October, 1, 2002 through September 30, 2003; 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 2002-2003 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Division, Family Independence Agency. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #02205) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2002- 2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: Commissioners Minutes Continued. September 19, 2002 427 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 Juvenile Justice, Family Independence Agency. 2. The Circuit Court / Family Division and the Oakland County Family Independence Agency has developed the foster care services budget for the period covering October 1, 2002, through September 30, 2003. 3. 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. 4. The application reflects $26,213,038 in gross expenditures and $4,692,522 in offsetting revenues, leaving a net expenditure of $21,520,516 which is a $3,320,516 decrease from the Fiscal Year 2002 net expenditure. 5. Net expenditures are shared 50/50 by the State and County rendering a State reimbursement of $10,760,258 should the State approve the budget and the County expends the funds. 6. Anticipated General Fund/General Purpose reimbursement, as located in the non- departmental portion of the Fiscal Year 2003 Executive Recommended Budget, equals $9,390,719. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02227 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Family Independence Agency of the State of Michigan has awarded the Office of the Prosecuting Attorney funding in the amount of $1,949,894 for the period October 1, 2002 through September 30, 2003; and WHEREAS this is the 30th year of grant acceptance for this program; and WHEREAS the contract award of $1,949,894 is an increase of $88,147 (4.73%) of the current award; and WHEREAS the Federal contribution is $1,286,930 (66%), the County contribution is $589,756 (30.25%), and the State supplement is $73,208 (3.75%); and WHEREAS the required County match of $589,756 has been included in the FY 2003 County Executive Recommended Budget; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the contract renewal for the Prosecuting Attorney's Cooperative Reimbursement Program in the total amount of $1,949,894 for the period of October 1, 2002 through September 30, 2003. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program. BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney’s grant budget to reflect the changes in the award as detailed in Attachment A. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Cooperative Reimbursement Program Grant Fiscal Year 2002 budget compared to Fiscal Year 2003 Award and Contract Review – Prosecutor’s Office on file in County Clerk’s office. Commissioners Minutes Continued. September 19, 2002 428 FISCAL NOTE (MISC. #02227) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the FY 2003 Cooperative Reimbursement Program Grant. This is the 30th year of grant acceptance. 2. The grant award of $1,949,894 is $88,147 (4.73%) more than the current award. The Federal contribution is $1,286,930 (66%), the County contribution is $589,756 (30.25%), and the State supplement is $73,208 (3.75%). 3. The Prosecutor’s Cooperative Reimbursement Program Grant budget will be amended as shown on Attachment A. 4. A grant match increase of $65,611 from the current year award is included in the FY 2003 Finance Committee Recommended Budget Non-departmental grant match line item. 5. The Fiscal Year 2003 Budget be amended as follows: General Fund 90-290000-25000-2872 Grant Match ($65,611) 41-211000-43200-2872 Grant Match $65,611 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02228 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 VICTIMS OF CRIME ACTS (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims of Crime Act grant funding in the amount of $129,249 for the period of October 1, 2002 through September 30, 2003; and WHEREAS this is the fourth (4th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS the FY 2003 award of $129,249 is $13,908 (12.06%) higher than the current award; and WHEREAS the State contribution is $103,399 (80%), the County contribution is $25,850 (20%); and WHEREAS the required County grant match of $14,000 and In Kind match of $11,850 for two (2) voluntary part-time Victim Advocate Intern positions is included in the FY 2003 Executive Recommended Budget; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) FTE Victim Advocate positions (#41101-09398, #41101-09647) and also includes funding for travel costs, mileage, office supplies, and equipment; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $129,249, including the Prosecuting Attorney’s In Kind Match of two voluntary part-time Victim Advocate Intern positions, and $14,000 in grant match for the period of October 1, 2002 through September 30, 2003. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. Commissioners Minutes Continued. September 19, 2002 429 BE IT FURTHER RESOLVED that continuation of this program, including positions is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Prosecutor’s Office and Agreement between Michigan Department of Community Health and County of Oakland on file in County Clerk’s office. FISCAL NOTE (MISC. #02228) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the FY 2003 Cooperative Reimbursement Program Grant. This is the 30th year of grant acceptance. 2. The grant award of $1,949,894 is $88,147 (4.73%) more than the current award. The Federal contribution is $1,286,930 (66%), the County contribution is $589,756 (30.25%), and the State supplement is $73,208 (3.75%). 3. The Prosecutor’s Cooperative Reimbursement Program Grant budget will be amended as shown on Attachment A. 4. A grant match increase of $65,611 from the current year award is included in the FY 2003 Finance Committee Recommended Budget Non-departmental grant match line item. 5. The Fiscal Year 2003 Budget be amended as follows: General Fund 90-290000-25000-2872 Grant Match ($ 65,611) 41-211000-43200-2872 Grant Match $ 65,611 $ -0- FINANCE COMMITTEE Copy of Prosecuting Attorney VOCA Victim Assistance Grant Comparison of Fiscal Year 2002 Revised Budget to Fiscal Year 2003 Grant Award on file in County Clerk’s office. (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02229 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency, Office of Child Support has approved the Oakland County Friend of the Court’s Fiscal Year 2003 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2002 through September 30, 2003; and WHEREAS the Fiscal Year 2003 Title IV-D program totals $10,390,289 of which $22,139 will be funded by fees collected, the remaining $10,368,150 is funded by the State in the amount of ($6,576,295, 66%), the County match is ($3,387,788, 34%), in addition there is a contract funded State supplement allocation of $404,067; and WHEREAS the requested County match is included in the Circuit Court budget, no additional General Fund appropriation is required; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2003 Cooperative Reimbursement Program Contract through September 30, 2003 for the Commissioners Minutes Continued. September 19, 2002 430 Friend of the Court in the amount of $6,980,362 (Title IV-D program ($6,576,295 and State supplement $404,067). BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Friend of the Court on file in County Clerk’s office. FISCAL NOTE (MISC. #02229) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Family Independence Agency has awarded the FY 2003 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2002 through September 30, 2003. 2. The grant provides Title IV-D funding to continue the Friend of the Court/Cooperative Reimbursement Program in the amount of $10,390,289 of which $22,139 will be funded by fees collected, the remaining $10,368,150 is funded by the State in the amount of $6,576,295 (66%), the County match is $3,387,788 (34%), in addition there is a contract funded State supplement allocation of $404,067. 3. The amount of the grant award is $6,980,362, comprised of $6,576,295 in Title IV-D program funding, and $404,067 in State supplemental funding, the County match of $3,387,788 is budgeted in the general fund under Circuit Court, no additional General Fund appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 431.) *MISCELLANEOUS RESOLUTION #02230 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT – AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN FALL AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the fall auction will be held on Saturday, October 5, 2002; and WHEREAS the Sheriff of Oakland County, by letter of August 14, 2002, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the fall auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. September 19, 2002 431 Copy of County of Oakland Inventory Sheet Spring/Fall Auctions on file in County Clerk’s office. Vote on resolutions on the Consent Agenda: AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. MISCELLANEOUS RESOLUTION #02231 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – FISCAL YEAR 2002 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, Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, adjustments are required; and WHEREAS the Fiscal Year (FY) 2002 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment requesting utilization of the Prosecuting Attorney's projected favorable variance in Controllable Personnel, to cover connection fees related to replacement of obsolete Intergraph Desktops used for warrant teleconferencing; and WHEREAS the Sheriff's Department was approved to receive six (6) MDC computers for Patrol Services contracts, and projected favorability, in the Sheriff's General Fund Aviation account can be used to offset the MDC cost and add funding to the Non-Department Contingency account; and WHEREAS Information Technology is contracting for the development of software to enhance the Equalization Division's Digital Photography program to include the capability for field personnel to sketch buildings during field assessments and sufficient funding is available within Equalization's budget to transfer to Information Technology to cover the cost; and WHEREAS the Clerk is continuing to reflect a favorable variance in mortgage revenue, and a budget amendment is requested to utilize this favorability to offset Record Retention's substantial increase in microfilming and reproductions, as the volume is 80% higher than anticipated; and WHEREAS a budget amendment is requested to transfer funding from the Human Resource Division to the Project Work Order Fund for the purchase of furniture for vacated office space in the County Executive Office Building and related renovations; funding was specifically set aside for this project during the FY 2002 budget process and is available in the Personnel Department's FY 2002 budget; and WHEREAS Planning and Economic Development has funding as approved with the FY 2002 budget to participate in the Oakland County Trail Study, and a transfer of these funds from the Planning and Economic Development Division budget to Parks and Recreation is requested as part of the contribution to the Study; and WHEREAS a budget amendment is requested to reallocate budget appropriations in the FY 2002 Solid Waste Management unit to reflect actual FY 2002 expenditures; and WHEREAS a budget amendment is requested to reflect the funding of the $250,000 "incentive" funding for non-52nd District Courts approved pursuant to Miscellaneous Resolution #02147 from Public Act 189 not from Prior Year Balance; and WHEREAS a budget amendment is requested to correctly classify charges for Insurance Reserve Expense budgeted in Non-Departmental; and WHEREAS the Sheriff's Aviation Unit recently acquired its second helicopter, and a budget amendment is recommended to the Sheriff Aviation Fund to more accurately reflect actual expenditures, with an offset to the General Fund/General Purpose Sheriff's Department Patrol Services budget; and Commissioners Minutes Continued. September 19, 2002 432 WHEREAS the Drain Commissioner is requesting to amend the Drain Equipment Fund to reduce Transfer In and Professional Services for GIS Record Conversion; funding for this project is available in the Designated Fund Balance of the General Fund and will be appropriated as needed; and WHEREAS $263,657 from prior year's operating transfers are included in the Information Technology retained earnings and reserved for further implementation of the GIS project, and of this amount, $155,064 will be expended in FY 2002 for Software Rental/Lease Purchase and Software Support/Maintenance, with the balance of $108,593 to be submitted for appropriation in FY 2003; and WHEREAS a reduction was made to departments for Building Liability charges during the FY 2002 budget process, and it is recommended that the Building Liability Fund be amended to reflect this reduction, offset by an increase in Property Insurance due to the increase in cost; and WHEREAS a budget amendment is requested to correctly reclassify the charges for the Senior Citizen Prescription Program to the General Fund Non-Department Senior Citizen Prescriptions account; and Management System (JIMS), which designated funds from the DTRF to be transferred over a three-year period ($5,000,000 - FY 2000; $2,519,000 - FY 2001; and $1,660,000 - FY 2002); and WHEREAS a transfer of $1,679,000 is requested from the DTRF in order to complete the authorized transfer for the Phase II implementation and; WHEREAS appropriations and expenditures for the 52-3 District Court/Sheriff's Department Sub-Station Project require transfer of funds from the Project Work Order Fund (#404) to the 52-3 District Courthouse/Sheriff's Sub-Station Fund (#414) and the Building Improvement Fund requires reimbursement from bond proceeds as authorized by Miscellaneous Resolution #01165. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2002 Third Quarter Financial Forecast. BE IT FURTHER RESOLVED that the Board authorizes amendments to the FY 2002 Budget as detailed on the resolution and on the attached Schedules. BE IT FURTHER RESOLVED that funding previously transferred from the Building Improvement Fund (#401) to the Project Work Order Fund (#404) for the 52-3 District Courthouse/Sheriff's Sub-Station Project be reimbursed to the Building Improvement Fund from bond proceeds. BE IT FURTHER RESOLVED that appropriations and expenditures recorded in the Project Work Order Fund for the 52-3 District Courthouse/Sheriff's Sub-Station Project be transferred to the 52-3 District Courthouse/Sheriff's Sub-Station Fund (#414). BE IT FURTHER RESOLVED that the FY 2002 budget be amended to correctly classify charges for the Senior Citizen Prescription Program (#9407-081000) as follows: 90-190000-14000-1582 Prior Years Balance ($81,412) 90-210000-21000-9074 Senior Citizen Prescriptions 81,412 Total $ -0- BE IT FURTHER RESOLVED that the FY 2002 Budget be amended, as specified below, to utilize funds from the Delinquent Tax Revolving Fund to complete the authorized transfer for the Judicial Information Management System (JIMS) - Phase II implementation: General Fund (101) Revenue 90-360000-13000-1701 Del. Tax Rev. Fund $1,679,000 Expenditure 90-310000-40000-8000 Info Tech Fund Transfer 1,679,000 Total $ -0- Information Technology Fund (636) Revenue 18-636123-12000-1701 Transfer In $1,679,000 Expenditure 18-636122-12000-3348 Professional Services $ 820,049 18-636122-15000-3756 Travel & Conference 93,100 18-636142-15000-3597 Software Supp/Maint 617,760 $1,530,909 18-636113-10000-8005 Change in Fund Equity 148,091 Total $1,679,000 $ -0- Commissioners Minutes Continued. September 19, 2002 433 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of attachments on file in County Clerk’s office. Moved by Douglas supported by Causey-Mitchell the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02232 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – 2002 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage rate of 5.26 mills (voter approved 8/8/78) and a voter approved (8/8/00 - Term 2002-2011) 0.2500 mill for Parks and Recreation; and WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to apportion a 0.25 mill property tax rate; and WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's Maximum Allowable Tax Rate to the 2002 "Headlee" rollback (Article 9, Section 31 of the Michigan Constitution) tax rate of 4.2886 mills, a Parks and Recreation maximum allowable tax rate of 0.2453 mill and a Huron-Clinton Authority maximum allowable tax rate of 0.2186 mill; and WHEREAS Public Act 42 of 1995, "Truth in Budgeting" Act, allows the County Board of Commissioners to hold a single public hearing as a prerequisite to both approval of the Property Tax Levy and Budget adoption, if the recommended property tax rate necessary to support the ensuing year’s operating budget is included in the General Appropriations Act; and WHEREAS the Board of Commissioners, upon the recommendation of the County Executive, adopted Miscellaneous Resolution #98217 establishing a 1998 County Property Tax rate of 4.1900 mills, 0.273 mills less than the Maximum Allowable Tax Levy as constrained by State law, equivalent to a total tax reduction of $10.7 million in 1998, the tax rate of 4.19, unchanged for tax years 1999 through 2001, has resulted in total tax reduction of $9.6 million in 1999, and $7.9 million in 2000, and 6.5 million in 2001 respectively, for a four-year total taxpayer savings of $34.7 million; and WHEREAS the County Executive recommends that the County 2002 tax rate be set at 4.1900 mills, the same since 1998, 0.0986 mill below the Maximum Allowable Tax Levy as constrained by State law, equivalent to a tax reduction of $4.9 million, without jeopardizing the County’s ability to deliver quality public services; and WHEREAS the Finance Committee recommends that the 2002 County General Fund Property Tax rate be set at 4.1900 mills, 0.0986 mill below the maximum allowable tax rate; the Oakland County Parks and Recreation Tax rate be set at 0.2453 mill, the maximum allowable tax rate; and the Huron-Clinton Metro Park Authority Tax rate be set at 0.2186 mill, the maximum allowable tax rate; and WHEREAS $212,411,059 is the estimated amount of the Fiscal Year 2003 County General Fund Budget to be raised by taxation based on the 2002 Taxable Value of all property located in Oakland County ($50,694,763,579) at the recommended rate of 4.1900 mills, together with the voted .2453 mill for Parks and Recreation of $12,435,425 and the 0.2170 mill for the Huron-Clinton Authority of $11,081,875. Commissioners Minutes Continued. September 19, 2002 434 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 2002 the following tax rates to be applied to the 2002 Taxable Value of all property located within their respective jurisdictions: 2002 County Voted for Huron-Clinton General Property Tax Levy Parks & Recreation Park Authority 4.1900 Mills 0.2453 Mill 0.2170 Mill Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of attachments on file in County Clerk’s office. Moved by Douglas supported by Dingeldey the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Coleman. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02233) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2003 SALARY INCREASES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee recommends to amend the Fiscal Year 2003 Budget document in the following manner: 1. Increase the current salary ranges for salary grades 1-21 by an initial general salary increase of 1.5% effective September 21, 2002, and an additional 1.5% effective March 22, 2003. These dates are the beginning of the first and fourteenth pay periods for fiscal year 2003. 2. Increase all remaining classifications not represented by bargaining units by an initial general salary increase of 1.5% effective September 21, 2002, and an additional 1.5% effective March 22, 2003, including appointed officials, classes designated as exceptions to salary grades 1-21, summer, student, seasonal, and part-time/hourly classes, but excluding: Circuit, Probate and District Court Judges, which are currently at the maximum rate allowed; and Commissioners, which will be addressed by a separate report; and Elected Officials, which will be addressed by a separate report; and Appointed Board and Commission members. 3. Increase the bi-weekly stipend for the Deputy Chief Forensic Pathologist, who acts as the Laboratory Director, from $330.93 to $529.12. 4. The positions that function in the Youth Assistance Program in Circuit Court are recommended to be re-titled with no change in salary as shown below: Current Title Proposed Title Youth & Family Casework Supervisor Youth Assistance Casework Supervisor Youth & Family Caseworker I, II Youth Assistance Caseworker I, II 5. Delete the following classifications from the County's Salary Schedule because they are no longer utilized: Chief Engineer-Solid Waste Horseback Riding Instr/Handicapped Stenographer I, II* Clerks I, II, III* IT Training Specialist Supv-Drain/Lk Level Maint Gypsy Moth Coordinator Production Typist* Typist I, II* 4-H Activity Facilitator Property Validation Supv 6. Further that no transfer of monies is required to fund these increases since sufficient monies have been budgeted to the departmental salaries and fringe benefit line items. Commissioners Minutes Continued. September 19, 2002 435 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #02233) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2003 SALARY INCREASE FOR THE COUNTY COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee recommends to amend the Fiscal Year 2003 Budget document by increasing the current salary of the County Commissioners by 7% effective January 1, 2003. Further that no transfer of monies is required to fund these increases since sufficient monies have been budgeted to the departmental salaries and fringe benefit line item. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #02233) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2003 SALARY INCREASE FOR THE COUNTY EXECUTIVE, PROSECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee recommends to amend the Fiscal Year 2003 Budget document by increasing the 2002 salary of the County Executive, Prosecuting Attorney, County Clerk/Register of Deeds, Drain Commissioner, Sheriff and County Treasurer by 1.5% effective September 21, 2002, and an additional 1.5% effective March 22, 2003. Further that no transfer of monies is required to fund these increases since sufficient monies have been budgeted to the departmental salaries and fringe benefit line item. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #02233) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: AMENDMENT TO FISCAL YEAR 2003 GENERAL APPROPRIATIONS ACT To: the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, recommends that the FY 2003 General Appropriations Act be amended by removing paragraph #17 from the eleventh "be It Further Resolved," allowing a full year allocation to the 52nd District Court - Division 1. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE REPORT (MISC. #02233) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: AMENDMENT TO FINANCE COMMITTEE RECOMMENDED BUDGET FISCAL YEAR 2003 AND FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, recommends that the FY 2003 and FY 2004 Finance Committee Recommended Budget be amended by deleting amendment B - 7, which established the Non-Departmental account titled "CMHA - Jail Services' for Community Mental Health Authority services. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Commissioners Minutes Continued. September 19, 2002 436 Copy of letter from William J. Allen, Interim Executive Director on file in County Clerk’s office. MISCELLANEOUS RESOLUTION # 02233 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FISCAL YEAR 2003 GENERAL APPROPRIATIONS ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as amended by P.A. 100 of 1980), the Unified Form of County Government Act, and Public Act 621 of 1978, 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 2003 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $510,926,934 for Fiscal Year 2003, 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 WHEREAS the Circuit Court Mediation Fund (Misc. 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 2003 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 $900,000 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 $635,294) and the Sheriff's Department (5/17 or $264,706). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (1-10100-201-011) be utilized to cover the total costs incurred in Fiscal Year 2003 for the Civil Mediation Program. BE IT FURTHER RESOLVED that Road Improvement Funds may be released to the Road Commission upon approval of the specific projects by the General Government Committee of the Board of Commissioners. 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. Commissioners Minutes Continued. September 19, 2002 437 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" (Misc. 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 $2,100,000 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 charge 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 $2,900,000 (or one-half of the $1,450,000) convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans' Services Soldier Relief. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners proposes to levy a millage rate of 4.1900 mills upon the total Taxable Value of Real and Personnel Property so as to generate $206,090,005 to support the FY 2003 County General Fund/General Purpose Operating Budget. 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 and/or Deputy 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. Commissioners Minutes Continued. September 19, 2002 438 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 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 for the current fiscal year, (d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal years, (e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years, (g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (h) An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service, and enterprise funds, (i) A comparison of the revenue and expenditure amounts in the recommended budget to the budget previously 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. Commissioners Minutes Continued. September 19, 2002 439 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 current year adopted budget, together with an analysis and explanation of the variances therefrom, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than September 30, the Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the 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 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, Commissioners Minutes Continued. September 19, 2002 440 (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 #21 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: Controllable Personnel Expenditures, Controllable Operating Expenditures, and Non- Controllable Operating Expenditures (Internal Service Funds). 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 Controllable Personnel and Operating Expenses, respectively, for each department as originally authorized or amended by the Board of Commissioners. The Fiscal Officer shall submit to the Finance Committee a quarterly listing of new governmental funded appropriations and internal service fund line items created administratively which were not properly classifiable. Line-item detail, division, unit or cost center detail and allotments, which provide a monthly calendarization of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. 17. Upon approval of the Finance Committee, the Fiscal Officer shall sub-divide the annual appropriation for the 52nd District Court - Division I into quarterly allotments. 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. 18. 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. Commissioners Minutes Continued. September 19, 2002 441 20. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All capital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 21. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: (a) A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances, (b) A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances, and (c) A forecast of actual expenditures, encumbrances and transfers from each of the several non-departmental appropriations accounts compared with authorized appropriations accompanied by an explanation of any significant variances. 22. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any appropriation for transfer account to any other appropriations account may not be made without amendment of the general appropriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the following instances: (a) Transfers may be made from the non-departmental overtime account and fringe benefit adjustment account to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations may be transferred between divisions within a department at the request of the Department Head, if authorized by the Fiscal Officer or his designee. (b) Transfers may be made from the non-departmental appropriation accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. (c) Transfers may be made from the non-departmental appropriation accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Personnel Department. (d) 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' hospitalization and retirement administration. All funds collected for Retirement, Tuition Reimbursement, Social Security (FICA), Hospitalization for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as established by Miscellaneous Resolution #81-312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by Miscellaneous Resolution #96-024. Commissioners Minutes Continued. September 19, 2002 442 (e) An amount for capital improvements and rental charges for principal payments on Building Authority bonds shall be added to the Building Space Cost Allocation charges. Funds collected as a result of these charges shall be accumulated in the Facilities Maintenance and Operations Fund for subsequent transfer to the Capital Improvement Fund and Building Authority Fund. The transfer of these funds to the Capital Improvement Fund and Building Authority Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (f) (1) Annually, from FY 1999 through FY 2003, $5,000,000.00 will be transferred from the Delinquent Tax Revolving Fund to the General Fund to fund the previously established Environmental Infrastructure Fund (#263). These funds will then be allocated and transferred from the General Fund Operating Transfer account (#90- 310000-41000-8001) to the Environmental Infrastructure Fund. The allocation of the Environmental Infrastructure Fund to local cities, villages and townships (CVTs) will be based upon criteria established by the Board of Commissioners. The total allocation, however, to any approved CVT will coincide with an allocation that is based 50% on the percentage each CVT's state taxable value (STV) to the Countys total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT's population, to the County's total population based on the most recently completed Decennial Census. (2) The remaining portions for Fiscal Year 2001 through 2003 ($13,127,000) is authorized to be transferred from the Delinquent Tax Revolving Fund to implement an Optional Accelerated Payment Schedule for Environmental Infrastructure Fund distributions. The allocation of funds for those CVTs that choose the Optional Accelerated Payment Schedule will be based on 50% of the percentage of each CVTs State Taxable Value (STV) to the County's total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVTs population, to the County's total population based on the most recently completed Decennial Census (3) Finally, any final expenditure and transfer shall be done in conformance with state law. (g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer. (h) A transfer of any or all of the appropriation allocated under the Non-Departmental account for Legislative Expense (#90-290000-25000-3064) 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. Commissioners Minutes Continued. September 19, 2002 443 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 will be recorded as a reservation of fund balance and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by Misc. Resolution #93-156, will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the purposes of determining their continuation for the remainder of the year. The recommended year-end budget amendment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2) budget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 26. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt, incur a financial obligation on behalf of the County against an appropriation account in excess of the amount authorized, (2) apply or divert money of the County for purposes inconsistent with those specified in this general appropriations measure as approved and amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93-135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Reimbursement 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 Reimbursement 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. Commissioners Minutes Continued. September 19, 2002 444 27. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing, upgrading or disposing of those assets. 28. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 29. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal action in a court of competent jurisdiction for the recovery of County funds disclosed by an examination to have been illegally expended or collected as a result of malfeasance, and for the recovery of public property disclosed to have been converted or misappropriated. 30. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health Authority, the Community Mental Health Authority shall submit to an annual performance audit by an entity to be selected by the Board of Commissioners with the parameters of said annual performance audit to be determined by the County’s Audit Committee. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution which embodies the Fiscal Year 2003 General Appropriations Act as detailed in the Fiscal Year 2003 Budget document, including subsequent amendments. FINANCE COMMITTEE Moved by Douglas supported by Appel the resolution be adopted. Moved by Douglas supported by Dingeldey the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2003 SALARY INCREASE be accepted. A sufficient majority having voted therefore, the Personnel Committee report was accepted. Moved by Douglas supported by Dingeldey the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2003 SALARY INCREASE FOR THE COUNTY COMMISSIONERS be accepted. A sufficient majority having voted therefore, the Personnel Committee report was accepted. Moved by Douglas supported by Dingeldey the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2003 SALARY INCREASE FOR THE COUNTY EXECUTIVE, PROSECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER be accepted. A sufficient majority having voted therefore, the Personnel Committee report was accepted. Moved by Douglas supported by Crawford the Finance Committee Report, AMENDMENT TO FISCAL YEAR 2003 GENERAL APPROPRIATIONS ACT be accepted. A sufficient majority having voted therefore, the Finance Committee report was accepted. Moved by Douglas supported by Crawford the Finance Committee Report, AMENDMENT TO FINANCE COMMITTEE RECOMMENDED BUDGET FISCAL YEAR 2003 AND FISCAL YEAR 2004 be accepted. A sufficient majority having voted therefore, the Finance Committee report was accepted. Commissioners Minutes Continued. September 19, 2002 445 Moved by Moffitt supported by Coleman that the resolution be amended to coincide with the recommendation in the Personnel Committee and Finance Committee Reports. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas. (20) NAYS: Middleton, Galloway. (2) A sufficient majority having voted therefore, the resolution, as amended, was adopted. REPORT (MISC. #02212) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02212 - BOARD OF COMMISSIONERS - SUPPORT PREVENTING THE ISSUANCE OF DRIVER'S LICENSES TO ILLEGAL IMMIGRANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on September 9, 2002, recommends that the resolution be adopted Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #02212 BY: Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS – SUPPORT PREVENTING THE ISSUANCE OF DRIVER'S LICENSES TO ILLEGAL IMMIGRANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a recent tragic drunken driving incident involved a driver who was in the United States illegally - yet was able to obtain a driver's license from the Michigan Secretary of State; and WHEREAS this individual, even after having been deported from the United States on two occasions, was not prohibited from obtaining a Michigan Driver's License; and WHEREAS policy within the State of Michigan prohibits the Secretary of State's office from inquiring about an applicant's immigration status or to determine if applicants are legal residents of this country; and WHEREAS to prevent future tragedies and abuses, it is imperative that the Secretary of State's office be empowered to ascertain the immigration status of applicants for driver's licenses in the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature and the Michigan Secretary of State to move forward on approving the appropriate statute and/or administrative regulation that will authorize the Secretary of State to verify the immigration status of driver's license applicants in the State of Michigan. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor, the Michigan Secretary of State, the Michigan State Legislature, the Michigan Association of Counties and to the County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB, JOHN GARFIELD, FRAN AMOS, PETER WEBSTER Moved by Patterson supported by Taub the resolution be adopted. Moved by Patterson supported by Taub the General Government Committee Report be accepted. Commissioners Minutes Continued. September 19, 2002 446 A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02213) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02213 - BOARD OF COMMISSIONERS - SUPPORT OF CREATION OF SENIOR CITIZENS COORDINATOR POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on September 9, 2002, recommends that the resolution be adopted Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #02213 BY: Shelley Goodman Taub, District #12, William R. Patterson, District #1 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF CREATION OF SENIOR CITIZENS COORDINATOR POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS recognizing that a growing segment of Oakland County's population - senior citizens - are facing many challenges, the Oakland County Board of Commissioners adopted Miscellaneous Resolutions #00166 and #01012 authorizing the creation of the Oakland County Senior Summit Task Force; and WHEREAS the Oakland County Senior Summit Task Force was a multi-agency collaboration that included: the Oakland County Health Division, local caregivers, and public and private agencies, working in conjunction with the Oakland County Board of Commissioners, undertaking an initiative to integrate and coordinate policy, planning and program development for older adults through Oakland County; and WHEREAS the 2000 census clearly identifies the tremendous growth in Oakland County's senior population. The age group over 85 has increased 33% since 1990 in Oakland County. The minority population within Oakland County in age group 60 and over has increased 108% since 1990; and WHEREAS in order to assist the growing senior population within Oakland County, there is a pressing need for Oakland County government to have a key person to focus on the needs of senior citizens, serve as a resource to community organizations, act as a liaison with all senior centers in the county and establish a centralized Oakland County database for senior related information; and WHEREAS the Oakland County Senior Summit Task Force supports the creation of a Senior Citizens Coordinator position in Oakland County; and WHEREAS the Oakland County Executive has proposed the creation of a Senior Citizens Coordinator in the Fiscal Year 2003 Budget, with the cost associated with this position being offset with the elimination of other positions within the County Executives administration. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby recognize the compelling need for the creation of a position within Oakland County to provide information, technical and support services to older persons and senior organizations in Oakland County and supports the creation of a Senior Citizens Coordinator position. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, WILLIAM R. PATTERSON, CHARLES MOSS Commissioners Minutes Continued. September 19, 2002 447 Moved by Patterson supported by Crawford the resolution be adopted. Moved by Douglas supported by Crawford the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02234 BY: General Government Committee, William R. Patterson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND COMMERCE TOWNSHIP FOR THE FIRE RECORDS MANAGEMENT SYSTEM AND REMOVAL OF THE OUT OF COUNTY RESTRICTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and WHEREAS the resolution was amended to restrict the program to only Oakland County Fire agencies; and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and complete the recording in a standard records management system, promoting communication and the sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and WHEREAS the implementation of the Fire Records Management project for Oakland County agencies is near completion as set forth in the original scope of the Board resolution; and WHEREAS the Department of Information Technology has received additional requests to expand the Fire Records Management system to include Commerce Township and several out of county fire agencies; and WHEREAS the Fire Governance Committee has recommended lifting the out of county restriction and supports expanding the Fire Records Management system to both additional Oakland County and out of county fire agencies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached Fire Records Management System Interlocal Agreement with Commerce Township. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners removes the restriction from only Oakland County Fire Departments to allow expansion of the Fire Records Management system to fire agencies outside of Oakland County’s borders. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Miscellaneous Resolution #02045, letter from Commerce Township Fire Department, and Fire Records Management Agreement on file in County Clerk’s office. Commissioners Minutes Continued. September 19, 2002 448 The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #02235) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – ACCEPTANCE OF 2002/2003 COMPREHENSIVE, PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT AND PERSONNEL RELATED ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above mentioned resolution on September 11, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #02235 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 2002/2003 COMPREHENSIVE, PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Oakland County Health Division funding in the amount of $7,489,764, which is a 7.51% ($608,267) decrease from the Fiscal Year 2001/2002 amended allocation of $8,098,031; and WHEREAS the budget detail for the various programs is a matter of negotiation between the Health Division and MDCH; amendments will be recommended to the FY 2003 Budget when details are finalized; and WHEREAS this agreement is for the period of October 1, 2002 through September 30, 2003; and WHEREAS the grant includes funding for the creation of one (1) Special Revenue position as follows: One (1) Medical Technologist (full-time) – Laboratory WHEREAS the CPBC Agreement has been submitted through the County Executive Review Process, including Corporation Counsel and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the 2002/2003 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $7,350,006 for the period of October 1, 2002, through September 30, 2003. BE IT FURTHER RESOLVED the Board approves the creation of one (1) Special Revenue position in Human Services/Health/Laboratory (16212) as allowed for by contract: One (1) Medical Technologist (full-time) – Laboratory BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County’s approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the Countys approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 19, 2002 449 Copy of County of Oakland Department of Human Services Health Division Fiscal Year 2002/2003 Comprehensive Planning, Budgeting, and Contracting Agreement CPSC Acceptance, CPSC Agreement Funding Analysis FY 2002/03 and Contract Review – Health Division on file in County Clerk’s office. FISCAL NOTE (MISC. #02235) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2002/2003 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Community Health (MDCH) has awarded Oakland County Comprehensive Planning, Budgeting and Contracting (CPBC) funding in the amount of $7,489,764 for the period of October 1, 2002 through September 30, 2003. This award reflects a 7.51% ($608,267) decrease from the FY2001/2002 amended funding allocation of $8,098,031. 2. Changes from the previous award have been made by the MDCH including: a. Funding from Aids/HIV Prevention has been decreased by $15,058. b. Funding for the bio-terror Coordinator has increased by $70,000. c. The following decrease was for one-time Funding in FY2001/02 for: 1. Bio-terror Planning $270,349 2. Bio-terror EPC $10,000 3. Bio-terror CO IT $3,000 d. Funding in the amount of $47,725 for the Cardiovascular Disease Prevention Program has been discontinued. e. Family Planning Funding has been eliminated from this year’s agreement, which is a decrease of $222,949. f. The Immunization Action Plan has been decreased by $943. g. Funding for Minority Health has been discontinued in the amount of $48,495. h. Funding for TB Control has been reduced by $4,229. i. Funding in the amount of $139,758 has been amended to include equip and staff the laboratory to attain “Level B” status. This will allow the laboratory to examine potential bio-terrorism-related materials including the request of one Medical Technologist position to assist the Laboratory. This position is 100% grant funded. j. Funding for Vaccine Replacement/Handling has been increased by $10,091. k. Funding for Women Infants, and Children (WIC) has been decreased by $205,431. 3. The acceptance of this grant does not obligate the County to any future commitment. 4. The budget detail for the various programs is a matter of negotiation between the Health Division and the Michigan Department of Community Health (MDCH). Amendments will be recommended to the FY2003 budget when details are finalized. FINANCE COMMITTEE Moved by Patterson supported by McPherson the resolution be adopted. Moved by Patterson supported by McPherson the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. September 19, 2002 450 Vote on resolution: AYES: McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02236 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: DEPARTMENT OF PERSONNEL/INCENTIVE PROGRAM FOR RETIREMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Management and Budget has projected a significant budget shortfall for fiscal year 2004 as a result of the combined impact of anticipated reductions in State funding, as well as reduced investment income and increased health care costs; and WHEREAS one means of addressing the projected shortfall while simultaneously creating opportunities for reorganization and position deletions is to provide a strong incentive for County employees to retire; and WHEREAS a retirement “incentive window” to currently eligible employees and an “early out window” to certain employees not yet eligible for retirement could generate an estimated annual savings of $7.4 MILLION; and WHEREAS the stated savings is predicated on an estimated 50% of employees retiring who are currently eligible or newly eligible to retire under the proposal and refilling only 50% of positions vacated through this retirement proposal; and WHEREAS the proposed Incentive Program For Retirement has been reviewed and recommended by the County Executive. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the following INCENTIVE PROGRAM FOR RETIREMENT to be offered to non- represented Retirement System members, who will be eligible to retire by December 31, 2002 or whose age and service, including military service credits and Michigan Reciprocal Retirement Act service time, will total 75 by that date, with a minimum service of twenty (20) years and a minimum age of fifty (50) years. BE IT FURTHER RESOLVED that the INCENTIVE PROGRAM FOR RETIREMENT be offered during a one hundred thirty-seven (137) day window of opportunity beginning November 15, 2002 and ending March 31, 2003, with a lump sum retirement incentive pay of 26 weeks salary determined as of September 30, 2002 to apply only to retirements that take place during that period. BE IT FURTHER RESOLVED that funding for the INCENTIVE PROGRAM FOR RETIREMENT shall be obtained from surplus funds available in the existing Oakland County Employees Retirement System retirement account. BE IT FURTHER RESOLVED that employees on the defined benefit and defined contribution retirement plans desiring to participate in the INCENTIVE PROGRAM FOR RETIREMENT must file written application no less than 30 days in advance of their requested retirement date with the Retirement Commission, on the appropriate form, but in no event no later than January 31, 2003. BE IT FURTHER RESOLVED that the lump sum Retirement Incentive pay will not be included in the final average compensation (FAC) for employees on the defined benefit plan and no additional contributions will be made to the employees defined contribution plan by the County or the employee as a result of this lump sum payment. BE IT FURTHER RESOLVED that the Personnel Department be authorized to offer these changes as a package to all represented groups excluding the employees represented by the Oakland County Deputy Sheriff’s Association and Oakland County Command Officer’s Association whose contracts already provide a means of early retirement; BE IT FURTHER RESOLVED that elected officials are not eligible for the INCENTIVE PROGRAM FOR RETIREMENT. Commissioners Minutes Continued. September 19, 2002 451 BE IT FURTHER RESOLVED that in order to achieve the projected savings, the fifty (50%) reduction in the cost of positions vacated through the Incentive Program For Retirement Proposal, excluding special revenue positions, shall be adhered to prior to the filling of these retirement vacancies. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02237 BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: PERSONNEL DEPARTMENT – FISCAL YEAR 2002-2004 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Government Employees Labor Council (GELC), have been negotiating a contract covering approximately 125 Children’s Village Employees; and WHEREAS a 3–year agreement has been reached for the period October 1, 2001, through September 30, 2004, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002; a 1.5% increase with the pay period beginning September 21, 2002, and a 1.5% increase with the pay period beginning March 22, 2003 unless a greater increase is approved for the general, non-represented employees; and a wage re- opener for Fiscal Year 2004; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and Government Employees Labor Council, covering the period of October 1, 2001, through September 30, 2004, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of The County of Oakland and Governmental Employees Labor Council Collective Bargaining Agreement 2001-2004 and Appendix A on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02238 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – ACCEPTANCE AND APPROVAL OF PURCHASE AGREEMENT FOR THE SALE OF 20.06 ACRES OF RESIDENTIAL PROPERTY LOCATED IN THE CITY OF PONTIAC, KNOWN AS TAX IDENTIFICATION NO. 14-15-276-001 To the Oakland County Board of Commissioners Chairperson, Ladies, And Gentlemen: WHEREAS the County of Oakland is the owner of a 20.06 acre parcel of residential property located in the City of Pontiac known as Tax Identification No. 14-15-276-001 on the City tax rolls; and WHEREAS the said property was originally acquired pursuant to Oakland County Board of Supervisor’s, Resolution #1812 of 1940 from the State of Michigan for the use and benefit of the Oakland County 4-H Clubs; and WHEREAS the Oakland County 4-H Clubs have not occupied the property since the early 1970’s; and WHEREAS the property had been subsequently occupied by Project Warmth (OLSHA) and Furniture Resource Center until August 2000; and WHEREAS on October 16, 2001, the Department of Facilities Management received authorization from the Oakland County Board of Commissioners’ Planning and Building Committee to advertise for the sale of the above property in its "as is" condition making no warranties, pursuant to Board of Commissioners’ Procedures for the Sale of County-owned Property; and Commissioners Minutes Continued. September 19, 2002 452 WHEREAS pursuant to the Board of Commissioner’s Procedures for the Sale and Purchase of Property, this property was advertised for sale in the Oakland Press, Craine’s Detroit Business and on the Oakland County Government Internet Website to receive sealed offers; and WHEREAS on January 28, 2002, nine offers were received for the sale of the property; and WHEREAS it is the recommendation of the Department of Facilities Management to accept the offer of A. G. Construction Company, A Michigan Corporation, 23309 Quinn Rd., Clinton Township, MICHIGAN 48035, in the amount of $825,000; and WHEREAS upon acceptance of the Purchase Agreement from A. G. Construction Company in the amount of $825,000, the County of Oakland hereby agrees to sell 20.06 acres of residential land located in the City of Pontiac, Michigan, known as Tax Identification No. 14-15-276-001; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary agreements and documents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the attached Purchase Agreement from A. G. Construction Company for a cash sale price of $825,000 for the sale of 20.06 acres of residential land located in the City of Pontiac, being more specifically described as: That part of the east ½ of the northeast ¼ section 15, T.3N., R.10E., City of Pontiac, Oakland County, Michigan, lying easterly of the easterly right-of-way line of M-24 highway (Perry Street), said right-of-way line being 78.00 feet easterly of the centerline of M-24 as established by MDOT Project No. 28561A, control section 63091, construction sheets No. 18-22. Said parcel more particularly described as: Beginning at the east ¼ corner of said section 15 thence south 87°59’53” west, 932.36 feet along the east – west ¼ line of said section 15 to the east line of the easterly right-of- way line of M-24 highway, thence along the said right-of-way line on a non-tangent curve to the left a distance of 1361.56 feet, having a radius of 2213.41 feet, passing through a central angle of 35°14’42”, with a chord bearing north 24°50’04” east 1340.20 feet; thence continuing along said right-of-way line north 07°12’43” east, 548.82 feet; thence continuing along said right-of-way line on a tangent curve to the right a distance of 626.38 feet, having a radius of 1646.33 feet, passing through a central angle of 21°47’58”, with a chord bearing north 18°06’42” east, 622.61 feet to a point on the east line of said section 15; thence along said line south 02°37’39” east 2322.37 feet to the Point of Beginning. Containing 20.06 acres of land, more or less, and being subject to existing easements and restrictions of record, if any. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or its designee to execute the necessary documents for the sale of this property located in the City of Pontiac and identified as Tax Identification No. 14-15-276-001. BE IT FURTHER RESOLVED that it is mutually understood this is a cash sale and “as is” condition. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Purchase Agreement and description of Parcel No. 14-15-276-001 on file in County Clerk’s office. Moved by Palmer supported by Melton the resolution be adopted. AYES: Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. September 19, 2002 453 MISCELLANEOUS RESOLUTION #02239 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT – USE OF FORFEITED FUNDS/SOUTHEASTERN OAKLAND COUNTY RESOURCE TEAM (SOCRT) AND CONTINUATION OF ONE (1) DEPUTY II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #96186 allowed the Sheriff Department to participate in a COPS grant through the City of Troy to form a Community Policing Resource Team; and WHEREAS the funding has expired and the local communities would like to continue this successful effort; and WHEREAS Miscellaneous Resolution #01190 authorized the Sheriff’s Office to utilize Forfeited Funds for the funding of this position for the 2002 fiscal year budget; and WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $537,052.12 (balance as of 7/31/02) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to continue to fund this position until September 30, 2003; and WHEREAS the estimated costs are $89,198 for the period October 1, 2002 through September 30, 2003. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $89,198 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-23101- 10000-2203-60053) to continue to fund and operate one (1) GF/GP funded Deputy II (#43915-07927) for the purpose of the Southeastern Oakland County Resource Team, through 9/30/03. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02240 BY: John P. Garfield, District #9 IN RE: BOARD OF COMMISSIONERS – OPPOSE HOUSE JOINT RESOLUTION BB – TRICOUNTY REGIONAL SALES TAX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Joint Resolution BB (HJR BB) proposes to amend that Michigan State Constitution, Section 8 of Article IX, to provide a tricounty regional sales tax option of not more than one (1%) percent; and WHEREAS HJR BB provides that beginning on January 1, 2003, the Michigan Legislature shall provide for a local option sales tax for any tricounty region with a total population of more than 4 million upon approval of a majority of voters voting on the question in the tricounty region; and WHEREAS HJR BB requires that sixty (60%) of the proceeds from this increase in the tricounty sales tax shall be used only for regional transportation purposes and coordination in that tricounty region; and WHEREAS HJR BB requires that twenty (20%) of the proceeds from this increase in the tricounty sales tax shall be used only for funding roads; and WHEREAS HJR BB requires that twenty (20%) of the proceeds from this increase in the tricounty sales tax shall be used for water and sewage infrastructure in that tricounty region; and WHEREAS HJR BB also includes language that allowing a county that does not contain a city with a population of more than 750,000 may decline to collect the local option sales tax if a majority of the voters voting on the question in that county do not approve the question and the county Board of Commissioners adopts a resolution to decline to collect the local option sales tax – in which case, none of the proceeds from that local option sales tax shall be used for allowed purposes in that county; and WHEREAS HJR BB was introduced on September 17, 2002 and referred to the Committee on Tax Policy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes House Joint Resolution BB and the concept of putting before the voters of Oakland County a proposal to amend the State Constitution to provide for a regional sales tax increase – because of the negative Commissioners Minutes Continued. September 19, 2002 454 economic impact that such a localized sales tax increase would have upon Oakland County and the unfair burden it would place upon Oakland County’s taxpayers. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of Michigan, the Oakland County delegation to the state legislature, the House Committee on Tax Policy, the Michigan Association of Counties, the Michigan Municipal League and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. JOHN GARFIELD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #02241 BY: Thomas A. Law, District #13 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BEVERLY HILLS – FISCAL YEAR ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Village of Beverly Hills has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Village of Beverly Hills is requesting reimbursement for expenses directly related to the repair, rehabilitation and improvement of the combined sewer system; and WHEREAS the FY 2002 authorized amount of funding for the Village of Beverly Hills is $48,520.79 annually from the Environmental Infrastructure Fund as repayment to the Village of Beverly Hills for expenses incurred in connection with the environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Beverly Hills as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $48,520.79 from the Environmental Infrastructure Fund (Account #90-263225-41000-3985) to repay the Village of Beverly Hills for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. THOMAS LAW The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XII.G, the Chairperson made the following referrals: PLANNING AND BUILDING COMMITTEE a. Drain Commissioner – Receipt of Petition from City of Rochester Hills – Requesting Location, Establishment and Construction of an Intra-County Drain PUBLIC SERVICES a. Letter from Senator William Van Regenmorter – Support of Grant Request by the Oakland County Prosecutor’s Office for Oakland County District Court Advocacy Program The Board adjourned at 10:40 a.m. to the call of the Chair or October 10, 2002, at 9:30 a.m. FRANK H. MILLARD, JR. THOMAS A.LAW Deputy Clerk Chairperson