Loading...
HomeMy WebLinkAboutMinutes - 2003.09.18 - 8332439 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 18, 2003 Meeting called to order by Chairperson Thomas Law at 10:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (25) ABSENT: None. (0) Quorum present. Invocation given by Tom Middleton. Pledge of Allegiance to the Flag. Moved by Moss supported by Coulter the minutes of the September 4, 2003, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Crawford the rules be suspended and the agenda be amended, as follows: PLANNING AND BUILDING COMMITTEE: f. Drain Commissioner – 2003 Chapter 4 Drain Maintenance Assessment Resolution. g. Drain Commissioner – 2003 Chapter 18 Drain Maintenance Assessment Resolution. h. Drain Commissioner – 2003 Lake Level Assessments for Operation and Maintenance. (Reason for Suspension of Planning and Building Committee, items f, g, and h: Waiver of Rule XII.C.1 – Direct Referral to the Finance Committee.) Moved by Webster supported by Crawford the Agenda be further amended by removing General Government Committee, item g: Department of Human Services/Children’s Village Division Fiscal Year 2003-2004 Children’s Village Screening Project Grant Acceptance. Vote on agenda as amended: AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (25) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. Commissioners Minutes Continued. September 18, 2003 440 County Deputy Clerk James VanLeuven read a communication from Kevin B. MacKenzie expressing his displeasure on the Board of Commissioners’ recently adopted resolution condemning same-sex marriage. County Deputy Clerk James VanLeuven read a communication from Michael Bryce expressing his support of the Board of Commissioners’ recently adopted resolution condemning same-sex marriage. County Deputy Clerk James VanLeuven read a communication from James H. VanLeuven resigning his position as Administrative Director for the Oakland County Board of Commissioners effective September 05, 2003. The following people addressed the board: L. Brooks Patterson, County Executive, William Allen, Mari Cooper, Janis Warren, Kendra Kleber, Priscilla Greenberg, and Elsa Shartsis. The Chairperson made the following statement, “A Public Hearing is now called on the Fiscal Year 2004- 2005 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. Moved by Wilson supported by Coulter the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 450.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #03253 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION - CONCURRENCE OF OAKLAND COUNTY BOARD OF COMMISSIONERS WITH COUNTY EQUALIZATION MANAGER TO ELECT TO AUDIT HOMESTEAD EXEMPTIONS UNDER THE PROVISIONS OF PUBLIC ACT 105 OF 2003, MCL 211.7cc(10) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Legislature created a homestead exemption audit program in Public Act 105 of 2003 in order to generate $50 million in revenue for Michigan school districts as part of the 2003-2004 school budget; and WHEREAS Public Act 105 allows counties to deny improper homestead exemptions and pays counties for the work involved in reviewing homestead exemptions; and WHEREAS PA 103 of 2003 imposes interest of 1- 1/4 percent per month on denied homestead exemptions, and earmarks that interest to townships/cities, counties, and the Department of Treasury with seventy percent (70%) of the interest going to the entity that denies the exemption and the other entities sharing the remaining interest; and WHEREAS under prior law, county officials could not deny any homestead exemptions and assessors could not deny prior year exemptions but under PA 105 of 2003, county equalization directors and county treasurers will now have the same authority as Treasury to deny exemptions for the current year and three prior years, if the county, not later than October 1, 2003 chooses to accept this authority; and WHEREAS the election by County Equalization Manager (who functions as the County’s Equalization Director) to audit homestead exemptions under the provisions of PA 105 of 2003 needs the concurrence of the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby gives authority to the Oakland County Equalization Manager to elect to audit homestead exemptions under the provisions of PA 105 of 2003. BE IT FURTHER RESOLVED that a special revenue fund be established to record all expenditures incurred, and revenue received, as a result of homestead exemptions audits. 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 450.) Commissioners Minutes Continued. September 18, 2003 441 *REPORT (MISC. #03245) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03245 on September 10, 2003, reports with a recommendation 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 #03245 BY: Tom Middleton, District #4 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Independence has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Independence is $15,232.31 from the West Nile Virus Fund as repayment to the Charter Township of Independence for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Independence as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $15,232.31 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Independence for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TOM MIDDLETON Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request from Charter Township of Independence, and Attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #03245) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE - FISCAL YEAR 2003 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 $15,232.31 is available in the West Nile Virus Fund for FY 2003 to reimburse the Charter Township of Independence for this project; no additional appropriation is required. Commissioners Minutes Continued. September 18, 2003 442 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *REPORT (MISC. #03248) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03248 on September 10, 2003, reports with a recommendation 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 #03248 BY: Martin J. Knollenberg, District #13; Charles E. Palmer, District #19; Chuck Moss, District #20; and George W. Suarez, District #24 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Troy has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Troy is $30,057.91 from the West Nile Virus Fund as repayment to the City of Troy for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Troy as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $30,057.91 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Troy for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. MARTIN KNOLLENBERG, CHARLES PALMER, CHUCK MOSS, GEORGE SUAREZ Copy of letter from George J. Miller, M.A., Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. FISCAL NOTE (MISC. #03248) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF TROY - FISCAL YEAR 2003 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: Commissioners Minutes Continued. September 18, 2003 443 1. Funding of $30,057.91 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Troy for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *REPORT (MISC. #03250) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF LAKE ORION - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03250 on September 10, 2003, reports with a recommendation 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 #03250 BY: Eric S. Wilson, District #3 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF LAKE ORION – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Lake Orion has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Lake Orion is $1,031.78 from the West Nile Virus Fund as repayment to the Village of Lake Orion for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Lake Orion as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $1,031.78 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Lake Orion for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ERIC WILSON Copy of letter from George Miller, M.A., West Nile Virus Fund Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. FISCAL NOTE (MISC. #03250) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF LAKE ORION - FISCAL YEAR 2003 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: Commissioners Minutes Continued. September 18, 2003 444 1. Funding of $1,031.78 is available in the West Nile Virus Fund for FY 2003 to reimburse the Village of Lake Orion for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *REPORT (MISC. #03251) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF ORTONVILLE - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03251 on September 10, 2003, reports with a recommendation 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 #03251 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF ORTONVILLE – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Ortonville has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Ortonville is $617.78 from the West Nile Virus Fund as repayment to the Village of Ortonville for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Ortonville as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $617.78 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Ortonville for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Village of Ortonville West Nile Virus Fund Reimbursement Request, and Attachments A, B, and C on file in County Clerk’s office. FISCAL NOTE (MISC. #03251) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF ORTONVILLE - FISCAL YEAR 2003 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: Commissioners Minutes Continued. September 18, 2003 445 1. Funding of $617.78 is available in the West Nile Virus Fund for FY 2003 to reimburse the Village of Ortonville for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *REPORT (MISC. #03252) BY: General Government Committee, William R. Patterson, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI - FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03252 on September 10, 2003, reports with a recommendation 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 #03252 BY: Hugh D. Crawford, District #9 and Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Novi has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Novi is $19,191.92 from the West Nile Virus Fund as repayment to the City of Novi for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Novi as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $19,191.92 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Novi for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, we move the adoption of the foregoing resolution. HUGH CRAWFORD, JEFF POTTER Copy of letter from George J. Miller, M.A. Oakland County Health Division, letter from City of Novi authorizing West Nile Virus Fund Request for Reimbursement, Resolution from the City of Novi authorizing request for reimbursement, and Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #03252) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI - FISCAL YEAR 2003 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: Commissioners Minutes Continued. September 18, 2003 446 1. Funding of $19,191.92 is available in the West Nile Virus Fund for FY 2003 to reimburse the City of Novi for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *MISCELLANEOUS RESOLUTION #03241 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/AUTOMATION OF DRAIN COMMISSIONER’S WATER, SANITARY/COMBINED SEWER AND STORM WATER RECORDS – PHASE 2 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS recent federal regulatory actions surrounding the newly introduced concept of Capacity Management for Operations and Maintenance (CMOM) will lead to future significant environmental related projects; and WHEREAS financial reporting requirements of newly issued Statement #34 of the Governmental Accounting Standards Board (GASB) require capitalization of all infrastructure assets, including water, sewer and drain systems; and WHEREAS these demands result in an increased need for a standardized infrastructure records management system; and WHEREAS the Infrastructure Management Geographic Information System will automate all water, sanitary/combined sewer and storm water records maintained by the Oakland County Drain Commissioner and convert those records to a GIS format; and WHEREAS the functions in the future system will integrate with the County’s GIS program and support day-to-day operations, public education, preventive maintenance, compliance matters, assessing, planning/modeling, and other functions critical to the operation of the Drain Commissioner’s Office; and WHEREAS this effort will permit future access to the records by the public, developers, consulting engineers and other individuals; and WHEREAS this effort will provide future benefit to cities, villages, and townships within Oakland County; and WHEREAS monies previously appropriated to the Drain Commissioner’s Office have been used to review technology and data requirements, establish defined standard data elements, upgrade computer hardware and complete Phase 1 of the Drain Commissioner’s Infrastructure Management Geographic Information System; and WHEREAS included are supporting documents: Exhibits A, showing high-level cost estimates for completion of Phase 2 and, Exhibit B, a detailed cost and scope and approach for the Water portion of the conversion effort; and WHEREAS $2,070,000 has been designated in the County’s General Fund for Phase 2 of the Drain Commissioner’s Office Infrastructure Management Geographic Information System. NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s approves Phase 2 of the Drain Commissioner’s Infrastructure Management Geographic Information System conversion project with a total estimated cost of $2,365,718. Chairperson, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Drain GIS/IT Appropriation – Phase 2: Full Conversion Estimate and Exhibit B on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 447 FISCAL NOTE (MISC. #03241) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – AUTOMATION OF DRAIN COMMISSIONER’S WATER, SANITARY/COMBINED SEWER AND STORM WATER RECORDS – PHASE 2 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. Oakland County Drain Commissioner is requesting a continuation of funding for Phase 2 of converting records maintained for water, sewer and storm water systems into a Geographic Information System format. 2. Total estimated cost for Phase 2 is $2,365,718 with most of the costs being capitalized. 3. Funding is available from $300,000 remaining in the Drain Equipment Fund from Phase I appropriations and $2,070,000 from General Fund Designated Fund Balance (GL# 9407- 76000). 4. The following budget amendment is recommended for fiscal year 2003: FY 2003 General Fund (101) Revenue 90-190000-14000-1582 Prior Year Balance $2,070,000 Expenditures 90-310000-98639-8001 Transfer Out $2,070,000 $ -0- Drain Equipment Fund (639) Revenue 61-311317-98101-1701 Transfer In $2,070,000 Equity 61-311317-35400-8005 Change in fund Equity $2,070,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 450.) *MISCELLANEOUS RESOLUTION #03242 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF FARMINGTON HILLS FOR THE NEW COUNTY-WIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperability between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached construction license and lease agreement for the premises located at 31655 West Eleven Mile Road, Farmington Hills, Michigan; and WHEREAS under the attached construction license and lease agreement, the County will construct the tower located at 31655 West Eleven Mile Road, Farmington Hills; the County will sell the tower to the City of Farmington Hills for one ($1) dollar upon completion, and the City of Farmington Hills will lease the Commissioners Minutes Continued. September 18, 2003 448 County space on the tower for one ($1) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached construction license and lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson to execute the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Construction License and Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #03242) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF FARMINGTON HILLS FOR THE NEW COUNTY-WIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and Farmington Hills. 2. Under the construction license and lease agreement, the County will construct a tower for the County-wide radio system in Farmington Hills, the County will sell the tower to the City of Farmington Hills for one ($1) upon completion, and the City of Farmington Hills will lease the County space on the tower for one ($1) per year. 3. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 4. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 450.) *REPORT (MISC. #03244) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF DEPARTMENT – USE OF FORFEITED FUNDS/SOUTHEASTERN OAKLAND COUNTY RESOURCE TEAM (SOCRT) TO RECLASSIFY ONE (1) DEPUTY II TO SERGEANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #03244 on September 10, 2003, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Commissioners Minutes Continued. September 18, 2003 449 MISCELLANEOUS RESOLUTION #03244 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/SOUTHEASTERN OAKLAND COUNTY RESOURCE TEAM (SOCRT) TO RECLASSIFY ONE (1) DEPUTY II TO SERGEANT 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 the Community Policing Resource Team focuses on neighborhoods and quality of life issues and has requested the leadership of the Sheriff's Department; and WHEREAS Miscellaneous Resolution #02239 authorized the Sheriff’s Office to utilize Forfeited Funds to continue the funding of one (1) Deputy II position for the 2003 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 $692,386.23 (balance as of 8/11/03) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to upwardly reclassify this position from a Deputy II to Sergeant to provide adequate leadership to this community project and to fund this position until September 30, 2004. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of funds from the Sheriff Department Law Enforcement Enhancement Account (#101-43-23101- 10000-2203-60053) to continue to fund and operate one (1) GF/GP Deputy II funded position (#43915- 07927) for the purpose of the Southeastern Oakland County Resource Team, through 9/30/04. BE IT FURTHER RESOLVED that the Deputy II position (#043915-07927) be reclassified to Sergeant in order to function as the leader of the Community Policing Resource Team. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #03244) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S DEPARTMENT-USE OF FORFEITED FUNDS/SOUTHEASTERN OAKLAND COUNTY RESOURCE TEAM (SOCRT) TO RECLASSIFY ONE (1) DEPUTY II TO SERGEANT 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. 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. 2. Funding has expired and the local communities have requested to continue this successful effort. Miscellaneous Resolution #02239 authorized the Sheriff Department to utilize Forfeited Funds for the funding of one (1) Deputy II position for FY 2002 and FY 2003. 3. Section 333.7524 of Public Act 368 of 1978 authorizes the Courts to distribute property and funds to participating agencies and have distributed $692,386.23 (balance as of 8-11-03). Funds are available in the Sheriff Department Law Enforcement Account (#101-43-013101- 10000-2203-60053) to continue this operation. 4. The Sheriff is requesting a portion of those funds be used to upwardly reclassify a Deputy II position (#043915-07927) to a Sergeant and to continue to fund this position until September 30, 2004. Incremental costs of the upward reclassification equal $10,866 (Salary $8,109, Fringe Benefits $2,757). Total estimated costs are $93,945 for the period October 1, 2003 through September 30, 2004. A budget amendment is recommended to the Finance Committee Recommended FY 2004/ FY 2005 Budget as follows: Commissioners Minutes Continued. September 18, 2003 450 Dept OCA PCA Object FY 2004 FY 2005 Revenue 43 013901 40000 1568 Enhancement Funds $93,945 $93,945 Expend 43 023901 40000 2001 Salaries $ 8,109 $ 8,109 43 023901 40000 2074 Fringe Benefits 2,757 2,757 90 290000 27030 2564 Contingency 83,079 83,079 $ -0- $ -0- FINANCE COMMITTEE Voted on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #03254 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2003 THIRD QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2003 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS the Probate Court is projected to be unfavorable ($66,000) in Fees for Guardian Ad Litem expenses due to an increase in caseload; sufficient Salaries and Fringe Benefits are projected within Probate Court's budget to offset the unfavorability; and WHEREAS the Drain Commissioner is requesting to amend the General Fund revenue and expenditure budget to increase Reimbursed Salaries revenue $240,000 charged to projects for 80% of salaries and fringe benefit expenditures for the Drainage District Legal Counsel, Drainage District Insurance Administrator and Drain Community Liaison positions; and WHEREAS a budget amendment is necessary to reallocate budgets within the County Executive's Administration Division budget for Expendable Equipment Expenses $1,700 and Furniture and Fixtures $19,061; and WHEREAS a budget amendment of $35,000 is recommended for the Health Division office renovations in the North Health Center, to improve office efficiency and ensure privacy of health records and funding is available within the division to transfer to the Project Work Order Fund (404); and WHEREAS Community Corrections is requesting an amendment to increase revenues and expenditures for the Step Forward Program $51,000, due to an increase in activity; and WHEREAS the Public Services divisions request an amendment to reclassify the budget allocations for Postage, Postage Fees, Mailing Handling Services to Mail room, to reflect the use of in-house services; and WHEREAS the Solid Waste Program is utilizing the Print Shop for its printing needs instead of outside printing as originally anticipated; therefore a budget amendment is requested to reallocate funding for this activity; and WHEREAS an amendment is also necessary for Professional Services for the Solid Waste Program's planning and implementation efforts and additional work performed by the Environmental Program Commissioners Minutes Continued. September 18, 2003 451 Coordinator for the Gypsy Moth and West Nile Programs; funding is available within the division's Controllable Personnel projected favorability to cover the additional expense; and WHEREAS Information Technology GIS is requesting to transfer $5,000 from IT-Professional Services to the General Fund to assist Planning and Economic Development with developing inventory of sensitive natural areas that will be mapped using the County's GIS System; and WHEREAS an amendment is recommended for the Non-Departmental budget to move the appropriation for Community Mental Health Authority ($9,620,616) and Road Commission Tri-Party ($3,500,000) expenditures into accounts in accordance with the proper GASB 37 account classification; and WHEREAS the Clerk's Office is projecting a favorable variance in Mortgages; a budget amendment is recommended to recognize the additional revenue to offset a projected unfavorable variance in the Clerk's Jury Commission Division due to under budgeted personnel costs ($7,174), Emergency Response and Preparedness Controllable Personnel ($16,000) for On-Call charges, Tornado Siren Equipment replacement ($94,000), Probation Residential Centers Contracts ($200,000) due to increase in activity, and Non-Departmental Transfer to IT for Phase III of Jail Data Warehouse support ($148,000); and WHEREAS an amendment is necessary to cover the cost of replacing ten (10) owned vehicles with ten (10) leased vehicles under the County's vehicle replacement guidelines for the Drain Commissioner in the amount of $273,440, and funding is available within the Drain Equipment Fund (639) to cover the cost; and WHEREAS an amendment totaling $55,696 is recommended to fund the cost of miscellaneous computer equipment per the requests of various departments, which were not originally included in the Information Technology Fund budget; sufficient funding is available with in the departments' budgets to cover the cost of the equipment; and WHEREAS several Proprietary Fund amendments are recommended as attached in Schedules B through E for the following: Schedule B - To reallocate Liability Insurance within the departments to correspond with Budget Task amendment during Phase I. Schedule C - To move Fringe Benefit Budget allocations into the proper accounts to comply with GASB 34 reporting requirements. Schedule D - To reduce Building Space Allocations per Budget Task for Facilities Management. Schedule E - To reallocate Information Technology Operations and Telephone Communications budgets within various departments to correspond with actual usage; and WHEREAS an amendment is requested from the Designated Fund Balance in the amount of $3,800 to fund the cost of a Project Work Order to install privacy materials at the Health Clinic-South Office; and WHEREAS amendments are also requested by Information Technology to transfer funds from Designated Fund Balance per M.R. #02319 for the following: • $1,000,000 - Replacement funding for future information technology needs. • $427,101 - Funding of E-Health operations. • $165,525 - General Fund support (75%) of a Fire Records • Management System for FY 2003; and WHEREAS per Section 25 of the General Appropriations Act, the Department of Management and Budget is informing the Board of the uncollectable inmate expenditures, as well as recommending the "write-off" of $306,249 in uncollectable Home Improvement Deferred Loans, which have been processed through the Sheriff's Sale, the loans against the Community Home Improvement Division have been removed, and the properties have been sold. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2003 Third Quarter Financial Report. BE IT FURTHER RESOLVED that the Board authorizes amendments to the FY 2003 Budget as detailed in the resolution per Schedules A, B, C, D, and E. BE IT FURTHER RESOLVED that the uncollectable debts, as recommended by the Department of Management and Budget, and as listed on Schedule F, are authorized to be written off. BE IT FURTHER RESOLVED that $3,800 of the FY 2003 Designated Fund Balance (GL Acct #9407- 970000) be appropriated to the Health Division Budget for the installation of cubical walls within Health Clinic - South Office to maintain HIPPA compliance, as specified below: GENERAL FUND Revenue 90-190000-14000-1582 Planned Use of Fund Balance $3,800 Commissioners Minutes Continued. September 18, 2003 452 Expenditure 16-233200-46000-6311 Health - Clinic $3,800 $ -0- BE IT FURTHER RESOLVED that $1,592,626 of the FY 2003 Designated Fund Balance be appropriated for Information Technology for replacement funding for future information technology needs ($1,000,000 - GL Acct #9407-021000), E-Health operations ($427,101 - GL Acct #031000) and FY 2003 General Fund support (75%) of Fire Records Management System ($165,525 - GL Acct #061000) as specified below: GENERAL FUND Revenue 90-190000-14000-1582 Planned use of Fund Balance $1,592,626 Expenditure 90-310000-98636-8001 Transfer Out to IT $1,592,626 $ -0- INFORMATION TECHNOLOGY FUND (636) Revenue 18-636113-98101-1701 Transfer from General Fund $1,427,101 Expenditure 18-636122-15000-3348 Professional Services $ 427,101 Change in Fund Equity $1,000,000 FIRE RECORDS MANAGEMENT (531) Revenue 23-531003-98101-1701 Transfer from General Fund $ 165,525 Change in Fund Equity $ 165,525 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of letter to Members of the Finance Committee, County of Oakland Fiscal Year 2003 Third Quarter Forecast Report, Schedules A, B, C, D, E, and F on file in County Clerk’s office. Moved by Moss supported by Suarez the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03255 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – 2003 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 2003 "Headlee" rollback (Article 9, Section 31 of the Michigan Constitution) tax rate of 4.2602 mills, a Parks and Recreation maximum allowable tax rate of 0.2436 mill and a Huron-Clinton Authority maximum allowable tax rate of 0.2161 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 Commissioners Minutes Continued. September 18, 2003 453 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 2002, has resulted in total tax reduction of $9.6 million in 1999, and $7.9 million in 2000, 6.5 million in 2001 and 5.0 in 2002 respectively, for a five-year total taxpayer savings of $39.7 million; and WHEREAS the County Executive recommends that the County 2003 tax rate be set at 4.1900 mills, the same since 1998, 0.0702 mill below the Maximum Allowable Tax Levy as constrained by State law, equivalent to a tax reduction of $3.7 million, without jeopardizing the County’s ability to deliver quality public services; and WHEREAS the Finance Committee recommends that the 2003 County General Fund Property Tax rate be set at 4.1900 mills, 0.0702 mill below the maximum allowable tax rate; the Oakland County Parks and Recreation Tax rate be set at 0.2436 mill, the maximum allowable tax rate; and the Huron-Clinton Metro Park Authority Tax rate be set at 0.2161 mill, the maximum allowable tax rate; and WHEREAS $222,823,722 is the estimated amount of the Fiscal Year 2004 County General Fund Budget to be raised by taxation based on the 2003 Taxable Value of all property located in Oakland County ($53,179,886,010) at the recommended rate of 4.1900 mills, together with the voted 0.2436 mill for Parks and Recreation of $12,954,620 and the 0.2161 mill for the Huron-Clinton Authority of $11,492,173. 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 2003 the following tax rates to be applied to the 2003 Taxable Value of all property located within their respective jurisdictions: 2003 County Voted for Huron-Clinton General Property Tax Levy Parks & Recreation Park Authority 4.1900 Mills 0.2436 Mill 0.2161 Mill Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Moss supported by Suarez the resolution be adopted. AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted, therefore, the resolution was adopted. REPORT (MISC. #03256) BY: Finance Committee, Chuck Moss, Chairperson IN RE: FISCAL YEAR 2004 AND FISCAL YEAR 2005 PARKS AND RECREATION BUDGET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the FY 2004 and FY 2005 Parks and Recreation Budget on September 11, 2003, reports with the recommendation that the budget be approved as outlined in the attached report. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE Copy of Fiscal Year 2004 and Fiscal Year 2005 Finance Committee Recommended Budget for Parks and Recreation Department on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 454 REPORT (MISC. #03256) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2004 GENERAL SALARY INCREASES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee recommends to amend the FY 2004 Budget document in the following manner: 1. Increase the current salary ranges for salary grades 1 - 21 by a general salary increase of 2% effective September 20, 2003. This date is the beginning of the first pay period for fiscal year 2004. 2. Increase all remaining classifications not represented by bargaining units by a general salary increase of 2% effective September 20, 2003, including appointed officials, classes designated as exceptions to salary grades 1 - 21, and part-time/hourly classes, but excluding: Summer, Student, and Seasonal; and Parks Helper; and Circuit, Probate and District Court Judges which are currently at the maximum rate allowed; and Commissioners; and Other Elected Officials which will be addressed by a separate report; and Appointed Board and Commission members. 3. Delete the following classifications from the County's Salary Schedule because they are no longer utilized: Asst Admin-Parks & Technical Support Asst Chief Court Service Officer Chief Systems Development Coordinator CV Special Programs Customer Service Supervisor Data Processing Equipment Operator Supv Deputy Prosecutor-Litigation Grants Writer Manager-Data Center Operations Program Activities Coordinator Senior Psychiatrist Special Projects Coordinator Staff Physician State Government Liaison Supv-Data Communications Supv Data Base Administrator Supv-IT Admin Services 4. 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. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #03256) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2004 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 FY 2004 Budget document by increasing the FY 2003 salary of the County Executive, Prosecuting Attorney, County Clerk/Register of Deeds, Drain Commissioner, Sheriff and County Treasurer by 2% effective September 20, 2003. Commissioners Minutes Continued. September 18, 2003 455 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 MISCELLANEOUS RESOLUTION #03256 BY: Finance Committee, Chuck Moss, Chairperson IN RE: FISCAL YEAR 2004 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 2004 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $518,094,592 for Fiscal Year 2004, 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 2004 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 (1-101-2853-050110) be utilized to cover the total costs incurred in Fiscal Year 2004 for the Civil Mediation Program. BE IT FURTHER RESOLVED that appropriations to the Tri-Party Program may be permitted in accordance with Public Act 253 of 1917, MCL 247.121, in an amount to be determined on an annual basis in accordance with said act. 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. Commissioners Minutes Continued. September 18, 2003 456 2) To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted balance to fall below a level that would assure a prompt payment of all current and future outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of the DTRF as specified in the preceding paragraph. 3) Penalties and investment interest generated by the DTRF may be transferred, in whole or in part, to the General Fund of the County upon majority vote of the Board of Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above. 4) Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment interest, shall be limited to one-time expenditures, as opposed to recurring operations. 5) Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term advances (with specific time frames detailed in the authorizing resolution), to be repaid with interest as specified below. 6) Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest, not considered advances to be repaid within a time certain shall require a two- thirds majority vote of the Board of Commissioners. 7) All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a time certain shall require a majority vote of the Board of Commissioners. 8) Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing resolution, including interest obligations detailed as follows: a. Interest on each payment will be based on the average monthly rate paid during the term of the agreement by the agent of the DTRF for that year's outstanding borrowing, or b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made in accordance with the previously established "Loan of County Funds Policy" (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 $1,450,000 (or one-half of the $2,900,000) convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans' Services Soldier Relief. BE IT FURTHER RESOLVED that 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 $213,144,000 to support the FY 2004 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 Commissioners Minutes Continued. September 18, 2003 457 estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed fiscal year and estimated expenditures 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 most recently approved budget adopted by the Board of Commissioners with appropriate explanation of the variances, Commissioners Minutes Continued. September 18, 2003 458 (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. (b) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the most recently approved current year budget, together with an analysis and explanation of the variances 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, Commissioners Minutes Continued. September 18, 2003 459 (h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal year, (i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal year, (k) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital project, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (l) An informational summary of projected revenues and expenditures/expenses of capital projects, internal service, and enterprise funds, (m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County, (n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners, 14. The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph #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. 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 18, 2003 460 19. 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. 20. 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. 21. 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) Transfers may be made from salary and fringe benefit savings, resulting from use of Merit System Administrative Leave without Pay provisions, from departmental budgets to a non-departmental Administrative Leave account. Quarterly reports identifying such transfers and detailing the status of the non-departmental Administrative Leave account shall be provided to the appropriate Board committees. (e) Fringe benefit rates shall be established annually in the budget process to charge all General Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, tuition reimbursement, employee training, retirees' 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 Commissioners Minutes Continued. September 18, 2003 461 thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by Miscellaneous Resolution #96-024. (f) The transfer of funds to the Capital Improvement Fund and Building Authority Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer. (h) A transfer of any or all of the appropriation allocated under the Non-Departmental account for Legislative Expense (#90-290000-25000-3064) shall not be made to any departmental budget without adoption of an Oakland County Board of Commissioners resolution. 22. 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. 23. 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. 24. All appropriations are annual and the unexpended portion shall lapse at year-end. Encumbrances will be recorded as a reservation of fund balance, appropriations carried forwards shall be recorded as a designated fund balance, and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by 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, Commissioners Minutes Continued. September 18, 2003 462 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. 25. 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. 26. 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. 27. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 28. 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. 29. 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 Commissioners Minutes Continued. September 18, 2003 463 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 2004 General Appropriations Act as detailed in the Fiscal Year 2004 Budget document, including subsequent amendments. FINANCE COMMITTEE Copy of memo from Chuck Moss, Chairperson, Finance Committee, Oakland County, Michigan Additional Budgeted Funds, Oakland County Michigan Fiscal Year 2004 and Fiscal Year 2005 Budget Revised Expenditure Summary Totals on file in County Clerk’s office. REPORT (MISC. #03256) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2004 CAPITAL IMPROVEMENT PROGRAM – BUILDINGS To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the 2004 Capital Improvement Program (Buildings Section) on August 5, 2003, reports with the recommendation the Buildings Section of the Program, a conceptual identification of possible future capital improvement needs, be approved in the amount of $25,598,000 as outlined in the attached Index dated August 5, 2003. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of Index 2004 Capital Improvement Program for Buildings on file in County Clerk’s office. REPORT (MISC. #03256) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2004 CAPITAL IMPROVEMENT PROGRAM – UTILITIES To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the 2004 Capital Improvement Program (Utilities Section) on August 5, 2003, reports with the recommendation the Utilities Section of the Program, a conceptual identification of possible future capital improvement needs, be approved in the amount of $1,182,000 as outlined in the attached Index dated August 5, 2003. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of Index 2004 Capital Improvement Program for Utilities, Roads and Parking on file in County Clerk’s office. REPORT (MISC. #03256) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2004 FACILITIES MAINTENANCE AND OPERATIONS DIVISION – SPECIAL PROJECTS BUDGET To the Oakland County Board of Commissioners Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the 2004 FM & O Special Projects Budget on August 5, 2003, reports with the recommendation that the Special Projects Budget be approved in the amount of $325,000 as outlined in the attached list. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of 2004 Special Projects on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 464 Moved by Moss supported by Palmer the resolution be adopted. Moved by Moss supported by Scott the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2004 GENERAL SALARY INCREASES, be accepted. Moved by Moss supported by Scott the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2004 SALARY INCREASE FOR THE COUNTY EXECUTIVE, PROSECUTING ATTORNEY, COUNTY CLERK/REIGSTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER, be accepted. Moved by Moss supported by Scott the Planning and Building Committee Report, 2004 CAPITAL IMPROVEMENT PROGRAM – BUILDINGS, be accepted. Moved by Moss supported by Scott the Planning and Building Committee Report, 2004 CAPITAL IMPROVEMENT PROGRAM – UTILITIES, be accepted. Moved by Moss supported by Scott the Planning and Building Committee Report, 2004 FACILITIES MAINTENANCE AND OPERATIONS DIVISION – SPECIAL PROJECTS BUDGET, be accepted. Discussion followed. Moved by McMillin that the Personnel Committee Report, RECOMMENDED FISCAL YEAR 2004 SALARY INCREASE FOR THE COUNTY EXECUTIVE, PROESECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER, be voted upon seperately. There being no support, the motion failed. Moved by Moss supported by Crawford the Finance Committee Report, FISCAL YEAR 2004 AND FISCAL YEAR 2005 PARKS AND RECREATION BUDGET, be accepted. A sufficient majority having voted therefore, the Finance Committee Report was accepted. Moved by Moss supported by Middleton the resolution be amended to coincide with the recommendation in the Personnel Committee and the Planning and Building Committee Reports. A sufficient majority having voted therefore, the motion carried. Moved by Moss supported by Kowall the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Discussion followed. Moved by McMillin the FISCAL YEAR 2004 AND FISCAL YEAR 2005 BUDGET be amended to cut County Commissioner Travel Expense Account, by 50%. Showing no support, the motion failed. Moved by McMillin the FISCAL YEAR 2004 AND FISCAL YEAR 2005 BUDGET be amended to cut County Commissioner Travel Expense Account, by 25%. Showing no support, the motion failed. Commissioners Minutes Continued. September 18, 2003 465 Moved by McMillin the FISCAL YEAR 2004 AND FISCAL YEAR 2005 BUDGET be amended to cut County Commissioner Travel Expense Account, by 10%. Showing no support, the motion failed. Discussion followed. Vote on resolution, as amended: AYES: Douglas, Gregory Hatchett, Jamian, Knollenberg, Kowall, Law, Long, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford. (24) NAYS: McMillin. (1) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #03257 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 2003/2004 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 $7,044,863, which is a 3.8% ($278,356) decrease from the Fiscal Year 2002/2003 amended allocation of $7,323,219; 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 2004 Budget when details are finalized; and WHEREAS this agreement is for the period of October 1, 2003 through September 30, 2004; and 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 2003/2004 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $7,044,863 for the period of October 1, 2003 through September 30, 2004. 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 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 Contract Review – Health Division, County of Oakland Department of Human Services Health Division – FY 2003/2004 Comprehensive Planning, Budgeting, Contracting Agreement (CPBC) Acceptance, and Agreement between Michigan Department of Community Health and Oakland County Health Division on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 466 FISCAL NOTE (MISC. #03257) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2003/2004 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT 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 Health Division funding in the amount of $7,044,863 for the period of October 1, 2003 through September 30, 2004. This award reflects a 3.8% ($278,356) decrease from the FY2002/2003 amended funding allocation of $7,323,219. 2. Changes from the previous award have been made by the MDCH including; i) Funding for the continuation of an Emergency Preparedness Specialist position in the amount of $100,000. ii) Related Bio-terrorism funding to defray the costs of housing the Regional Epidemiologist and SNS Planner, in the amount of $20,000. iii) An increase of $19,000 for Enhancement of communications capabilities. iv) Funding has been awarded to equip and staff the laboratory to attain “Level B” status, which will allow the laboratory to examine potential bio-terrorism related materials, an increase of $155,992. 3. Acceptance of this grant does not obligate the County to any future commitment. 4. The impact of this agreement was included in the FY 2004 Finance Committee Budget. Therefore, no amendments are required. FINANCE COMMITTEE Copy of Oakland County Health Division CPBC Agreement Funding Analysis Fiscal Year 2003-2004 on file in County Clerk’s office. Moved by Patterson supported by Knollenberg the resolution be adopted. AYES: Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03238 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF’S ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Deputy Sheriff’s Association (OCDSA) have been negotiating a 2 year contract covering approximately 720 Sheriff’s Department employees including Deputy 1 (primarily assigned to the jail), Deputy II (primarily assigned to the road) and Sheriff Communication Agents (dispatch); and WHEREAS a 2–year agreement has been reached for the period October 1, 2001, through September 30, 2003, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 4% increase for Fiscal Year 2002 for Deputy I and Deputy II and a 5.5% increase for Sheriff Communication Agents; 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; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. Commissioners Minutes Continued. September 18, 2003 467 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and Oakland County Deputy Sheriff’s Association, covering the period of October 1, 2001, through September 30, 2003, 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 Summary of Agreement between Oakland County and Oakland County Deputy Sheriff’s Association, and County of Oakland and Oakland County Deputy Sheriff’s Association Collective Bargaining Agreement 2001-2003 on file in County Clerk’s office. FISCAL NOTE (MISC. #03238) BY: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and Oakland County Deputy Sheriff's Association have reached an agreement on a salary increase for employees covered by the (OCDSA) effective September 22, 2001. 2. The two-year agreement covers the period October 1, 2001 through September 30, 2003. 3. Wage and Benefit costs are estimated at $2,478,331 for FY 2002 and FY 2003. 4. Sufficient funds are currently budgeted for FY 2003 in the Sheriff's Department to cover the agreement. No budget amendment is required. FINANCE COMMITTEE Moved by Middleton supported by Long the resolution be adopted. AYES: Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #03239) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION METHODS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted with amendments as follows: 1) Amend Ninth WHEREAS WHEREAS the Citizens Advisory Council accepted and approved recommended to the Planning and Building Committee the review committee's appropriation recommendations on August 13, 2003 by a roll call vote of 9 yeas and 1 nay; and 2) Amend Tenth WHEREAS WHEREAS the Citizens Advisory Committee Planning and Building Committee recommends the Board of Commissioners approval of the committee's proposed CDBG appropriation allocation modifications which a.) deduct administrative funds up to twenty percent from the grant and apportions allocates forty 33.3% percent of the grant balance to the Oakland County Home Improvement Program and sixty 66.7% percent of the balance to participating communities, Commissioners Minutes Continued. September 18, 2003 468 b.) allocate community funding by a formula expressed as (Population of Community R) + 3 (Low/mod Income Households in Community R) ÷ 4 = Allocation Percentile and c.) grant a minimum of $8,000 to any participating community that generates less than $8,000 under the formula; and 3) Strike the Eleventh WHEREAS Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #03239 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – COMMUNITY AND HOME IMPROVEMENT DIVISION – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION METHODS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland by Miscellaneous Resolution #6961 of January 23, 1975, declared its intention to become designated as an Urban County under the Federal Housing and Community Development Act of 1974, as amended; and WHEREAS the County of Oakland receives U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds; and WHEREAS the County has allocated CDBG funds based on an appropriation methodology since the program's inception which deducts administrative funds up to twenty percent from the grant and apportions one-third of the grant balance to the Oakland County Home Improvement Program and two- thirds of the balance to participating communities; and WHEREAS the County distributes CDBG funds among its participating communities by an allocation formula designed to benefit low and moderate income residents in compliance with federal directives; and WHEREAS the current allocation formula is expressed as (Population of Community R) + 2 (Low/mod Income Households in Community R) + (Overcrowded Households in Community R) ÷ 4 = Percentile for Allocation of the Applicable Funds to the Participating Communities; and WHEREAS a minimum community allocation of $8,000 is granted to any participating community that generates less than $8,000 based on the formula; and WHEREAS the CDBG appropriation methodology and CDBG formula are reviewed every ten years when new U.S. Census information becomes available; and WHEREAS the Oakland County Community and Home Improvement Citizens Advisory Council (CAC) established a review committee to assess the existing allocation methodology, formula and minimum allocation amount; and WHEREAS the Citizens Advisory Council accepted and approved the review committee's appropriation recommendations on August 13, 2003 by a roll call vote of 9 yeas and 1 nay; and WHEREAS the Citizens Advisory Committee recommends approval of the committee's proposed CDBG appropriation modifications which a.) deduct administrative funds up to twenty percent from the grant and apportions forty percent of the grant balance to the Oakland County Home Improvement Program and sixty percent of the balance to participating communities, b.) allocate community funding by a formula expressed as (Population of Community R) + 3 (Low/mod Income Households in Community R) ÷ 4 = Allocation Percentile and c.) grant a minimum of $8,000 to any participating community that generates less than $8,000 under the formula; and WHEREAS the Planning and Building Committee has reviewed the proposed CDBG allocation methods. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Community and Home Improvement Division to administer the Community Development Block Grant funding using the recommended allocation methods beginning with the 2004 CDBG Program Year as follows: a.) deduct administrative funds up to twenty percent from the grant and apportions one- third of the grant balance to the Oakland County Home Improvement Program and two-thirds of the balance to participating communities; and b.) allocate community funding by a formula expressed as (Population of Community R) + 3 (Low/mod Income Households in Community R) ÷ 4 = Allocation Percentile; and Commissioners Minutes Continued. September 18, 2003 469 c.) grant a minimum of $8,000 to any participating community that generates less than $8,000 under the formula. BE IT FURTHER RESOLVED that any future changes in the allocation methods would require approval of the Oakland County Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #03239) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT – COMMUNITY AND HOME IMPROVEMENT DIVISION – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION METHODS 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 Community and Home Improvement Division to administer Community Development Block Grant (CDBG) funding using recommended allocation methods beginning with the 2004 CDBG Program Year. 2. CDBG appropriation methodology and CDBG formula are reviewed every ten years when new U.S. Census information becomes available. 3. The recommended allocation methodology and formula will not affect current or future CDBG funding allocated to Oakland County by the U.S. Department of Housing and Urban Development. 4. No budget amendment is required. FINANCE COMMITTEE Moved by Palmer supported by Rogers the resolution be adopted. Moved by Palmer supported by Rogers the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Wilson the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted, therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. September 18, 2003 470 REPORT (MISC. #03240) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER - CONTINUATION OF WATERSHED MANAGEMENT PROGRAM AND OF TWO (2) ENVIRONMENTAL PLANNER I, ONE (1) ENGINEERING TECHNICIAN, ONE (1) GIS/CAD TECHNICIAN I POSITION AND ONE (1) CONSTRUCTION INSPECTOR I, FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed the above referenced resolution, reports with the recommendation that the resolution be amended as follows: Strike WHEREAS paragraphs 7 and 13. In the 4th BE IT FURTHER RESOLVED, strike the words "that funding contingency beyond Fiscal 2003 as provided in Miscellaneous Resolution #02104, is hereby extended to FY 2004 and the continuation of said positions beyond FY 2004 is contingent upon establishment of watersheds or sub watersheds under Chapter 20 of the Drain Code" and insert the words "that the continuation of the Watershed Management Program ("Environmental Unit") beyond Fiscal Year 2004 is contingent upon securing special revenue funding." Also, add the following: BE IT FURTHER RESOLVED that the Drain Commissioner shall be responsible for all costs associated with these positions including salary, fringe benefits and ancillary operating costs, effective October 1, 2004. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #03240 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – CONTINUATION OF WATERSHED MANAGEMENT PROGRAM AND OF TWO (2) ENVIRONMENTAL PLANNER I, ONE (1) ENGINEERING TECHNICIAN, ONE (1) GIS/CAD TECHNICIAN I POSITION AND ONE (1) CONSTRUCTION INSPECTOR I, FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the U.S. Environmental Protection Agency’s Phase II Storm Water Regulations (“Phase II”) under the Federal Clean Water Act went into effect March, 2003; and WHEREAS the Phase II regulations mandate that communities located within or near an "urbanized" area must establish a program that comprises six minimum requirements designed to eliminate or reduce polluted storm water runoff into separate storm drain systems; and WHEREAS the six minimum requirements include: (1) Public Education and Outreach; (2) Public Participation/Involvement; (3) Illicit Discharge Detection and Elimination; (4) Construction Site Runoff; (5) Post-Construction Site Runoff; and (6) pollution Prevention and Good Housekeeping; and WHEREAS the Michigan Department of Environmental Quality can initiate enforcement actions and impose fines against communities that fail to comply with the Phase II regulations; and WHEREAS Oakland County and 40 of the 61 Oakland County communities sought coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit No. MIG610042 ("general permit") issued by the Michigan Department of Environmental Quality; and WHERES the Phase II requirements are set forth in the in the general permit; and WHEREAS in 2002 the Oakland County Drain Commissioner (OCDC) proposed a program (“watershed management program”) that would be coordinated through Chapter 20 of the Drain Code; and WHEREAS Miscellaneous Resolution #02104 was adopted by the Board of Commissioners for the creation of the watershed management program with General Fund funding through fiscal year 2003; and WHEREAS due to the County budget concerns for fiscal year 2002-2003, the County implemented a hiring freeze that delayed the hiring of staff for the watershed management program; and WHEREAS the watershed management program is addressing water quality and stormwater issues including soil erosion and sedimentation control, stormwater design standards and engineering practices, watershed planning, and operations and maintenance; and Commissioners Minutes Continued. September 18, 2003 471 WHEREAS the watershed management program is presently coordinating the general permit requirements that includes sub-watershed/stormwater planning assistance, Public Education-Outreach, and Illicit Discharge Detection and Elimination; and WHEREAS the watershed management program is facilitating and coordinating existing and newly developed programs to maximize efficiencies that would not be possible at the local level; and WHEREAS although no community has petitioned for a new Chapter 20 drainage district along watershed boundaries, many are still considering the OCDC proposal; and WHEREAS the Drain Commissioner requests the continuation of funding through Fiscal Year 2004 for the Watershed Management Program and for the two (2) Environmental Planner I positions, one (1) Engineering Technician, and one (1) GIS/CAD Technician I position to implement the proposed program; and WHEREAS the Drain Commissioner requests the continuation one Construction Inspector I position 61326-07094 to remain within the Environmental Unit and continue to be listed as GF/GP funding; and WHEREAS the funding for said unit is a carry over from the remaining Fiscal Year 2003 budget and therefore will not require any additional general fund appropriation beyond what was designated and appropriated in the Fiscal 2003 budget as identified in the attached Exhibit A ("Estimated FY 2004 cost for the continuation of the watershed management program"); and WHEREAS an organizational unit titled "Environmental Unit" will continue within the Engineering & Construction Division of the Drain Commissioner's Office. NOW THEREFORE BE IT RESOLVED that the organizational unit titled "Environmental Unit" be continued within the Engineering & Construction Division of the Drain Commissioners Office. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes one Construction Inspector I position 61326-07094 remain within the Environmental unit and continue to be listed as GF/GP funding. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the continuation of two (2) GF/GP Environmental Planner I positions, one (1) GF/GP Engineering Technician position, and one (1) GIS/CAD Technician I position in the Watershed Management unit. BE IT FURTHER RESOLVED that the funding of said program and positions remain GF/GP funding for Fiscal Year 2004. BE IT FURTHER RESOLVED that funding contingency beyond Fiscal 2003 as provided in Miscellaneous Resolution #02104, is hereby extended to FY 2004 and the continuation of said positions beyond FY 2004 is contingent upon establishment of watersheds or sub-watersheds under Chapter 20 of the Drain Code. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Exhibit A on file in County Clerk’s office. FISCAL NOTE (MISC. #03240) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – CONTINUATION OF WATERSHED MANAGEMENT PROGRAM AND OF TWO (2) ENVIRONMENTAL PLANNER I, ONE (1) ENGINEERING TECHNICIAN, ONE (1) GIS/CAD TECHNICIAN I POSITION AND ONE (1) CONSTRUCTION INSPECTOR I, FISCAL YEAR 2004 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. Due to timing delays such as the hiring freeze, Oakland County Drain Commissioner is requesting a continuation of funding through Fiscal Year 2004 for the Watershed Management Program that consist of two (2) Environmental Planner I, one (1) Engineering Technician, one (1) GIS/CAD Technician I and one (1) Construction Inspector I. 2. A continuation of funding for said positions beyond fiscal year 2004 would be contingent upon securing special revenue funding. Commissioners Minutes Continued. September 18, 2003 472 3. Failure to comply with Phase II regulations may result in and enforcement action and fines for non-compliance by the Michigan Department of Environmental Quality. 4. Funding for the continuation of Watershed Management program for fiscal year 2004 is available from amounts appropriated in fiscal year 2003 that have not yet been expended. 5. The monies remaining in the fiscal year 2003 General Fund Watershed appropriation will need to be designated as part of the year-end closing process. The budget will be amended with the FY 2003 Year-End Report to reappropriate as shown in Exhibit A (attached). FINANCE COMMITTEE Moved by Palmer supported by Bullard the resolution be adopted. Moved by Palmer supported by Coleman the Finance Committee Report be accepted. Discussion followed. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Coleman the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Gregory, Hatchett, Jamian. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #03258 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO USE EXCESS PROCEEDS FROM THE SALE OF THE $23,400,000 OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY BONDS, SERIES 2001, DATED JANUARY 1, 2002 (WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM AND VIDEO ARRAIGNMENT SYSTEM) LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, Michigan (the "County"), and the Oakland County Building Authority (the "Authority") have entered into a Lease Contract dated as of November 1, 2001 (the "Lease Contract"), pursuant to which the Authority constructed a project, a description of which is attached as Exhibit A to the Lease Contract (the “Project”) contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS pursuant to Act 31 and the Lease Contract, the Authority issued its $23,400,000 Building Authority Bonds, Series 2001, dated January 1, 2002 (the “Bonds”) to pay for the cost of constructing the Project; and WHEREAS the County has determined that the Project as originally described needs to be expanded to include the demolition of the existing work release facility which is described in Exhibit I attached hereto; and WHEREAS the cost of the demolition of the existing work release facility is within the original cost estimates for the Project and will not require additional bonds to be issued by the Authority; and Commissioners Minutes Continued. September 18, 2003 473 WHEREAS in order to expand the description of the Project the County and the Authority must enter into an Amendment to Lease Contract which is attached hereto as Appendix I. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The description of the expanded Project including demolition of the existing work release facility in EXHIBIT I attached hereto is hereby approved and ordered filed with the County Clerk. 2. The Amendment to Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. 3. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix I Amendment to Lease Contract and Exhibit I Description of Work – Work Release Facility, Project 98-22 Demolition of Old Work Release Facility on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03259 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2003 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 4 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 $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2003, the Drain Commissioner proposes to assess the 37 Drainage Districts the total aggregate amount of $162,187.05, for the maintenance, operation, clean out and repair of 37 drains, all in accordance with the said $1,250 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 2003, for the purpose of operating, maintaining, cleaning out and repairing 37 drains located in Oakland County, the total aggregate amount of $162,187.05, 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 37 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Drain Commissioner 2003 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 474 FISCAL NOTE (MISC. #03259) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2003 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 $162,187.05 for the year 2003 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 37 Chapter 4 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 4 drains is $9,695.26. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE The Chairperson ordered the resolution be laid over for 30 days until the October 30, 2003 board meeting. There were no objections. MISCELLANEOUS RESOLUTION #03260 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2003 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 18 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 $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2003, the Drain Commissioner proposes to assess the 24 Drainage Districts the total aggregate amount of $47,099.61 for the maintenance, operation, clean out and repair of 24 drains, all in accordance with the said $1,250 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 2003, for the purpose of operating, maintaining, cleaning out and repairing 24 drains located in Oakland County, the total aggregate amount of $47,099.61, 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. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. September 18, 2003 475 Copy of Oakland County Drain Commissioner 2003 Chapter 18 Drain Assessments for Maintenance and Operation, Oakland County Drain Commissioner 2003 Drain and Lake Level Assessment Rolls Detail Summary by Community, Oakland County Drain Commissioner 2003 Drain and Lake Level Assessment Rolls Detail Summary by Community and Project on file in County Clerk’s office. FISCAL NOTE (MISC. #03260) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2003 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 $47,099.61 for the year 2003 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 24 Chapter 18 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 18 drains is $5,162.17. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE The Chairperson ordered the resolution be laid over for 30 days until the October 30, 2003 board meeting. There were no objections. MISCELLANEOUS RESOLUTION #03261 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2003 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 2003, the Drain Commissioner proposes to assess 25 separate Lake Level Districts for the total aggregate amount of $367,802.45 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 15 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring 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 2003, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $367,802.45, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 25 separate Lake Level Districts itemized on the listing attached hereto, including 15 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 Commissioners Minutes Continued. September 18, 2003 476 Copy of Oakland County Drain Commissioner 2003 Lake Level Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #03261) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2003 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 $367,802.45 for the year 2003 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 25 lake levels located within Oakland County. 2. The County’s share of the assessments for operations and maintenance of lake levels is $1,788.13. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE The Chairperson ordered the resolution be laid over for 30 days until the October 30, 2003 board meeting. There were no objections. MISCELLANEOUS RESOLUTION #03262 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – AUTHORIZATION TO PROCEED AND APPROPRIATION OF FUNDS FOR COUNTY WATER AND SEWER MASTER PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS Oakland County's water and wastewater services are a complex combination of community water and/or wastewater systems, individual well and on-site septic systems, and the reliance on the services from the Detroit Water and Sewer regional system; and WHEREAS the protection of the environment, quality of life, and economic viability of Oakland County is directly impacted by the water and wastewater challenges in each community; and WHEREAS older developed communities will face challenges to their existing aging infrastructure, while developing and rural communities will be evaluating alternatives for meeting their water and wastewater needs; and WHEREAS security concerns of the region warrant a study that would identify secondary or back up water and wastewater sources in the event there were a disruption in primary sources; and WHEREAS Oakland County has never conducted a study of the current and future infrastructure needs within the county; and WHEREAS to compliment and assist Oakland County's 61 communities and their respective master plans, the Drain Commissioner proposes to conduct a comprehensive evaluation of current and future water and wastewater needs of the County ("Water and Sewer Master Plan"); and WHEREAS this Water and Sewer Master Plan would evaluate and develop alternative strategies to fill gaps between current services and projected needs; develop structural or facility alternatives that considers the current reliance on or expansion of the service of area of community water and/or wastewater systems, on-site septic and well systems and the services from the Detroit Water and Sewer regional system; and, evaluation of alternative institutional and funding arrangements for effective capital improvement plan; and WHEREAS after consultation with County's Economic Development and the OCDC staff, and the request for proposal (RFP) process, the Drain Commissioner has secured a nationally recognized firm, URS Corporation, to undertake the Water and Sewer Master Plan; and Commissioners Minutes Continued. September 18, 2003 477 WHEREAS the estimated cost for the Water and Sewer Master Plan will not exceed two million dollars ($2,000,000) of which the Drain Commissioner has secured $500,000 from special revenue sources; and WHEREAS the Drain Commissioner is proposing an appropriation of $1,500,000 from the County. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby authorizes the Drain Commissioner to proceed with conducting a Water and Sewer Master Plan study for the County. BE IT FURTHER RESOLVED that the Drain Commissioner will report semi-annually to the Planning and Building Committee on the status of the "Water and Sewer Master Plan" study. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03263 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - TRANSFER OF PROPERTY TO THE ESTATE OF DELORES MURRAY OR DESIGNEE, TAX PARCEL NO. 17-06-376-001 AND APPROVAL OF TRANFER AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is the owner of certain real property identified by parcel identification number 17-06-376-001, commonly referred to as 4002 Cherry Garden Lane, located in Commerce Township, Oakland County, Michigan ("Premises"), and specifically described as follows: Part of the S.W. 1/4 of Section 6, T2N., R. 8E., Commerce Township, Oakland County, Michigan, described as commencing at the S. 1/4 corner of Section 6; thence S 89º 48' 36" W along the south line of said Section 6, 1346.44 ft.; thence N 00º 14' 00 " E 742.19 ft. to the point of beginning; thence continuing N 00º 14' 00" E 646.15 ft.; thence S 89º 40' 58" E 360.22 ft.; thence S 44º 18' 48" E 175 ft.; thence S 16º 18' 36" W 313.39 ft.; thence S 73º 41' 24" E 220.47 ft.; thence S 16º 18' 36" W 60.00 ft.; thence N 73º 41' 24" W 220.47 ft.; thence S 16º 18' 36" W 208.29 ft.; thence N 83º 01' 15" W 323.44 ft. to the point of beginning, containing 6.54 acres, more or less; and WHEREAS said Premises was conveyed by Warranty Deed dated June 5, 1976 from Delores Murray to the County, with the intent and purpose of providing a site for community water pumping facilities for the use and benefit by the inhabitants of the County; and WHEREAS the Warranty Deed was recorded on June 7, 1976, Liber 6682, Pages 795-796, Oakland County Records; and WHEREAS the Warranty Deed provides, in pertinent part, that "whenever said pumping facilities cease to be used as a community water system and the said premises shall be considered abandoned, the same shall revert to Delores Murray, her heirs a nd assigns, upon payment to County of the reasonable costs, if any, of abandonment of the aforesaid premises and search for legal heirs of Delores Murray"; and WHEREAS the Premises are no longer required for the purpose and intent as identified in the Warranty Deed and the pumping facilities are to be abandoned; and WHEREAS Delores Murray is deceased and is represented by the Estate of Delores Murray, Oakland County Probate Court number 1982-15,592 ("Estate"); and WHEREAS the Estate has entered into an agreement to sell the Premises subject to certain conditions that includes the recovery of the abandonment costs of the County; and WHEREAS to ensure proper abandonment of the pumping facilities of the community water system, and recovery of the costs related to the abandonment of the system incurred by the County prior to conveying the property back to the Estate, the County proposes to enter into the attached agreement that includes the Estate and purchaser of the Premises. NOW THEREFORE BE IT RESOLVED that the County Board of Commissioners hereby directs its Chairperson to execute the warranty deed, agreement to recover abandonment costs and other necessary documents to effectuate the transfer of the premises. Commissioners Minutes Continued. September 18, 2003 478 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Warranty Deed and Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03264 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES - JANUARY 1, 2004 THROUGH DECEMBER 31, 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS new contract rates have been developed for the 60-month period commencing January 1, 2004, through December 31, 2008, consistent with the attached schedule. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1, 2004, through December 31, 2008: Contract 2004 2005 2006 2007 2008 Captain $138,411 $143,729 $148,516 $153,363 $158,434 Lieutenant 118,459 123,205 127,577 131,997 136,628 Patrol Sergeant 107,926 112,336 116,472 120,610 125,143 Det. Sergeant 110,050 114,470 118,581 122,731 127,084 Dep II(w/fill) 114,488 119,151 123,492 127,841 132,591 Dep II(no-fill) 96,424 100,387 104,165 107,934 112,087 Dep II(no-fill/ no vehicle) 92,008 95,971 99,557 103,326 107,287 Patrol Inv. 98,548 102,522 106,274 110,055 114,027 Dep I(no-fill) 77,913 81,159 84,360 87,535 91,076 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board and the Sheriff to sign agreements for Law Enforcement Services at these established standard rates. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Law Enforcement Patrol Services Annual Contract Rates for Captain, Lieutenant, Patrol Sergeant, Detective Sergeant, Deputy II (with Fill-In), Deputy II (with no Fill-In), Deputy II (No Fill-In and No Vehicle), Patrol Investigator, and Deputy I (No Fill-In) on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03265 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2004 THROUGH DECEMBER 31, 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office to enter into contractual agreements with various communities and organizations for the purpose of providing deputies for traffic and security assignments for various activities and events; and WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the appropriate overtime rate and will invoice the requesting agency at rates established by the Board of Commissioners; and Commissioners Minutes Continued. September 18, 2003 479 WHEREAS overtime rates have been developed for the period January 1, 2004 through December 31, 2008; and WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry, and rates which conform to estimated costs for all non-Oakland County communities and organizations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following hourly overtime rates for the period January 1, 2004, through December 31, 2008, for each officer for the purpose of providing contracted traffic and security services: Contract 2004 2005 2006 2007 2008 Lieutenant $67.87 $69.90 $72.00 $74.16 $76.38 Sergeant $61.90 $63.75 $65.55 $67.64 $69.66 Deputy II $53.73 $55.34 $57.00 $58.71 $60.46 Deputy I $40.58 $41.70 $43.05 $44.34 $45.68 BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol Services, may be entered into at the prevailing, established contract overtime rates, upon the review and approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will be provided to the Public Services Committee on a semi-annual basis. 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 #03266 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF JAIL BOARDING FEES - JANUARY 1, 2004 THROUGH DECEMBER 31, 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98010, the Oakland County Board of Commissioners established daily jail boarding fee rates of $77.29 for 1999, $79.61 for 2000, $81.84 for 2001, $84.30 for 2002, and $86.83 for 2003; and WHEREAS by adoption of Miscellaneous Resolution #98010, the Board of Commissioners also continued the policy of not charging a daily jail boarding fee rate for the period 1999 through 2003 for the housing of prisoners for local units of government within Oakland County; and WHEREAS cost to house prisoners at the Oakland County Jail from 2004 through 2008 have been estimated to correspond to the increase in the Law Enforcement Patrol Services Contract rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes jail boarding fee rates for the housing of out-of-County prisoners at the Oakland County Jail of $86.83 per day for 2004, $89.86 per day for 2005, $93.01 per day for 2006, $96.27 per day for 2007, and $99.64 per day for 2008. BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail for local units of government within Oakland County for the period January 1, 2004 through December 31, 2008. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 18, 2003 480 MISCELLANEOUS RESOLUTION #03267 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF DISPATCH SERVICES CONTRACT RATES - JANUARY 1, 2004 THROUGH DECEMBER 31, 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office to enter into contractual agreements with various communities and organizations for the purpose of providing dispatch services; and WHEREAS dispatch costs have been estimated for the period 2004 through 2008 pursuant to the increase in the Law Enforcement Contract rates; and WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following per call fire and police dispatch service rates for the period January 1, 2004, through December 31, 2008: Contract 2004 2005 2006 2007 2008 Fire Dispatch/ Per call $18.00 $18.63 $19.28 $19.95 $20.65 Police Dispatch/ Per FTE per year $4,178 $4,303 $4,432 $4,565 $4,702 BE IT FURTHER RESOLVED that each contract between the Sheriff's Office and additional communities and organizations be approved by the Board of Commissioners prior to implementation of the agreement. 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. Commissioner Crawford requested a Public Hearing be scheduled for the purpose of allowing Public Comment on the Fiscal Year 2003 Local Law Enforcement Block Grant. The Chairperson scheduled the hearing for October 2, 2003 at 9:45 a.m. in the Board of Commissioners Auditorium. The Chairperson declared a recess at 11:32 a.m. to allow the Republican Caucus to meet. The Board reconvened at 1:25 p.m. Vice-Chairperson David Moffitt assumed the chair. Roll called. PRESENT: Bullard, Coleman, Coulter, Crawford, Gregory, Jamian, Knollenberg, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Webster, Wilson, Zack. (19) ABSENT: Douglas, Hatchett, Kowall, Middleton, Scott, Suarez. (absent with notice) (6) Quorum Present. Moved by Webster supported by Coleman to postpone Appointment of Board of Commissioners Administrative Director of Program Evaluation and Operations Analysis until the October 2, 2003, Board Meeting. AYES: Long, McMillin, Patterson, Potter, Rogers, Webster, Zack, Coleman, Coulter, Gregory. (10) NAYS: Moffitt, Moss, Palmer, Wilson, Bullard, Crawford, Jamian, Knollenberg. (8) A sufficient majority having voted therefore, the motion to postpone carried. Commissioners Minutes Continued. September 18, 2003 481 Discussion followed. The Vice-Chairperson stated the motion to reconsider must come from the prevailing side. No one on the prevailing side chose to reconsider and the matter was closed. MISCELLANEOUS RESOLUTION #03268 BY: Charles E. Palmer, District #19 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF CLAWSON – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Clawson has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the City of Clawson is $4,300.94 from the West Nile Virus Fund as repayment to the City of Clawson for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Clawson as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $4,300.94 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Clawson for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHARLES PALMER Copy of letter from George J. Miller, M.A. Department of Human Services, and Request for West Nile Virus Fund Reimbursement Expense on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03269 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF OXFORD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Oxford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Oxford is $1,315.28 from the West Nile Virus Fund as repayment to the Village of Oxford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Oxford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $1,315.28 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Commissioners Minutes Continued. September 18, 2003 482 Oxford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Oakland County Health Division, Village of Oxford West Nile Virus Reimbursement Request, Attachments A, B, and C on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03270 BY: William R. Patterson, District #1 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF ORTONVILLE - FISCAL YEARS 1999, 2000, 2001, 2002, 2003 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 Ortonville has submitted a resolution of authorization to the County for reimbursement expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Village of Ortonville is requesting reimbursement for expenses directly related to conducting a sanitary sewer study to provide a community wastewater disposal system to residents and businesses in the Village of Ortonville; and WHEREAS the FY 1999, FY 2000, FY 2001, FY 2002, and FY 2003 authorized funding for the Village of Ortonville is $4,713.93 annually from the Environmental Infrastructure Fund as repayment to the Village of Ortonville for expenses incurred in connection with 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 Ortonville as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 1999, FY 2000, FY 2001, FY 2002, and FY 2003 appropriations in the amount of $4,713.93 annually from the Environmental Infrastructure Fund (Account #90-263205-41000-3985) to repay the Village of Ortonville for expenses incurred in connection with the sanitary sewer study to provide a community wastewater disposal system to residents and businesses in the Village of Ortonville, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from Paul C. Zelenak, Village Manager, Village of Ortonville Village Council August 25, 2003 meeting minutes, letter from Amy E. Schoonover, P.E. Rowe Incorporated, and letter from William R. Patterson regarding Environmental Infrastructure Fund Distributions. The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03271 BY: Thomas A. Law, District #17 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BINGHAM FARMS – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and Commissioners Minutes Continued. September 18, 2003 483 townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Bingham Farms has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Village of Bingham Farms is $487.70 from the West Nile Virus Fund as repayment to the Village of Bingham Farms for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Bingham Farms as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $487.70 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Bingham Farms for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. THOMAS LAW Copy of letter from George J. Miller, M.A., Oakland County Health Division, Village of Bingham Farms West Nile Virus Fund Reimbursement Request, Attachments A, B, and C on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03272 BY: Christine Long, District #7 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF MILFORD – FISCAL YEAR 2003 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the FY 2003 authorized amount of funding for the Charter Township of Milford is $7,325.97 from the West Nile Virus Fund as repayment to the Charter Township of Milford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Milford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2003 appropriation in the amount of $7,325.97 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Milford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG The Vice-Chairperson referred the resolution to the General Government Committee and Finance Committee. There were no objections. Copy of letter from George J. Miller, M.A., Oakland County Health Division, Charter Twp of Milford West Nile Virus Fund Reimbursement Request, Attachments A, B, and C on file in County Clerk’s office. Commissioners Minutes Continued. September 18, 2003 484 MISCELLANEOUS RESOLUTION #03273 BY: Hugh D. Crawford, District #9; Bill Bullard, Jr., District #2; William R. Patterson, District #1 IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION TO OVERSIGHT COMMITTEE CHAIR TO MAKE EXCLUSIVE OFFER OF POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a vacancy exists in the position of the Board of Commissioners Administrative Director of Program Evaluation and Operations Analysis. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Chairperson of the Oversight Committee to offer, on or after January 5, 2004, the position of Administrative Director of Program Evaluation and Operations Analysis to applicant(s) recommended by a majority of the Oversight Committee at a regular meeting of that body. Chairperson, we move the adoption of the foregoing resolution. HUGH CRAWFORD, BILL BULLARD, WILLIAM PATTERSON The Vice-Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 1:35 p.m. to the call of the Chair or October 2, 2003, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A. LAW Clerk Chairperson