OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 22, 2014 Meeting called to order by Vice-Chairperson Jeff Matis at 7:10 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (19) EXCUSED ABSENCE WITH NOTICE: Gingell, McGillivray. (2) Quorum present. Invocation given by Jeff Matis Pledge of Allegiance to the Flag. Moved by Spisz supported by Quarles the minutes of the December 12, 2013 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Woodward the agenda be amended, as follows. ITEMS NOT ON BOARD AGENDA HUMAN RESOURCES COMMITTEE a. Human Resources Department Reduce Vesting Period Requirement for Retirement Health Savings Plan Participants and Offer Voluntary Option for Employees to Switch to Retirement Health Savings Plan from Voluntary Employees Benefit Association Plan. (Reason for Suspension Waiver of Rule III and XIIC Resolution was taken up by Human Resources Committee immediately prior to today s meeting. (Fiscal Note was taken up by the Finance Committee on 1/16/14.)) Vote on agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (19) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended was approved. Vice-Chairperson Jeff Matis addressed the Board to introduce Commissioners Bosnic and Gosselin. Commissioners Bosnic and Gosselin addressed the Board to present a Proclamation honoring Judge Michael A. Martone for using the prestige of his office to make a change in the communities of Troy and Clawson. He has been a role model to many by showing how important it is to get involved. We are thankful for the service of Judge Martone, who has volunteered for many organizations including, Troy Families for Safe Homes, the Troy Community Coalition for the Prevention of Drug and Alcohol Abuse, the Troy Foundation for Educational Excellence, the Oakland County HAVEN Program, and the Juvenile Diabetes Foundation. He has also been a soccer and basketball coach, youth mentor at St. Thomas 2

2 More, and was active with the Boy Scouts of America. In addition, Judge Martone has dedicated much of his personal life to educating youth on the dangers of drinking. Vice-Chairperson Jeff Matis addressed the Board to introduce Commissioner Zack. Commissioner Zack addressed the Board to give a presentation on the Ferndale Good Neighbors Project. Commissioner Zack addressed the Board to give a presentation on the Ferndale Good Neighbors Project; and present a Proclamation to Citizens for a Fair Ferndale, the civility pledge demonstrates the importance that the City of Ferndale and its residents place on respect and civility, which helps to create a welcoming environment based on the following pledge principles encouraging neighbors to: Pay Attention, Listen, Be Inclusive, Be Truthful, Avoid Gossip, Show Respect, Seek Common Ground, Repair Damaged Relationships, Use Constructive Language and Take Responsibility. The new effort was introduced when a special cross section conversation event was hosted by author and Director of the National Civility Center, Kent Roberts, who facilitated the community conversation on civility. Kat Bruner James addressed the Board. Oakland County Clerk Register of Deeds, Lisa Brown read a Communication from L. Brooks Patterson, County Executive, appointing Douglas Jones, Pastor, to the Oakland County Substance Abuse Advisory Council for a two-year term which began on October 1, 2013 and ends on September 30, Without objection the appointment was confirmed. Oakland County Clerk Register of Deeds, Lisa Brown read a Communication from L. Brooks Patterson, County Executive, reappointing the following individuals to the Oakland County Brownfield Redevelopment Authority Board of Directors: Michael Gingell, Daniel P. Hunter, Keith J. Lerminiaux, Grant Trigger, Peter H. Webster, Eric Wilson, Douglas J. Williams and Dave Woodward. Without objection the appointments were confirmed. Oakland County Clerk Register of Deeds, Lisa Brown read a Communication from L. Brooks Patterson, County Executive, appointing Dennis Yager, Treatment Director, to the Oakland County Substance Abuse Advisory Council for a two-year term which began on October 1, 2013 and ends on September 30, Without objection the appointment was confirmed. The following people addressed the Board during public comment: Vickie Krigner, Andrea Schroeder and Commissioner Dave Woodward. Vice-Chairperson Jeff Matis addressed the Board to introduce Commissioner Middleton to act as Temporary Board Chairperson. Temporary Board Chairperson Tom Middleton opened up the nominations for the Election of the Permanent Vice-Chairperson. Moved by Weipert supported by Runestad that Jeff Matis be nominated for the Permanent Vice- Chairperson. Vote on Permanent Vice-Chairperson: AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, Jeff Matis was elected Permanent Vice-Chairperson. Vice-Chairperson Jeff Matis addressed the Board to thank his fellow Commissioners. 3

3 Moved by Spisz supported by Hatchett the resolutions (with fiscal notes attached) on the Amended Consent Agenda be adopted. The vote for this motion appears on page 22. The resolutions on the Amended Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #14000 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER S OFFICE FISCAL YEAR 2014 MICHIGAN FINANCIAL EMPOWERMENT INITIATIVE GRANT ACCEPTANCE WHEREAS the Community Economic Development Association of Michigan (CEDAM) has awarded the County Treasurer a grant in the amount of $25,000 for the creation of a Financial Empowerment Center within the County Treasurer s Office; and WHEREAS this grant builds on strategies currently used by the County Treasurer to promote financial empowerment, including on-site housing counseling for mortgage and tax foreclosure prevention, on-site referrals to the Accounting Aide Society, and a multi-media financial literacy art contest for Oakland County high school students; and WHEREAS this is the first year of grant acceptance for this program for the period of January 1, 2014 through December 31, 2014; and WHEREAS the grant application requested $40,000 and resulted in a grant award of $25,000, with $18,000 designated for one-on-one financial counseling through the County Treasurer s service delivery and referral partner Jewish Vocational Service (JVS), a community-based nonprofit organization; and WHEREAS no County match is required; however the Treasurer will provide $19,271 of In-kind staff support for the coordination of the grant, development and execution of outreach activities and materials, meetings with local officials to explain the program and request referrals for local units of government; and WHEREAS the grant provides funding to develop and implement a Financial Empowerment Center at the County Treasurer s Office where JVS counselors will support Oakland County residents with counseling focusing on budgeting, saving, using credit wisely, repairing credit, personal banking and preventing identity theft; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from Community Economic Development Association of Michigan (CEDAM) in the amount of $25,000, for the period of January 1, 2014 to December 31, BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the original award that are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the Michigan Financial Empowerment Initiative FY 2014 grant budget be amended as follows: FUND (#29246) Grant (#GR ) Budget Reference 2014 Revenue FY State Grant $25,000 Total Revenue $25,000 Expenses: Contracted Services $22, Printing $ 3,000 Total Expenses $25,000 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE 4

4 Copy of Grant Review Sign Off Treasurer s Office Incorporated by Reference. Original on file in County Clerk s office. (The vote for this motion appears on page 22.) *MISCELLANEOUS RESOLUTION #14001 BY: Finance Committee, Tom Middleton, Chairperson IN RE: RESOLUTION APPROVING AND RATIFYING THE IRREVOCABLE ESCROW AGREEMENT, PART II BETWEEN THE COUNTY OF OAKLAND AND THE HUNTINGTON NATIONAL BANK AS ESCROW PART II AGENT WHEREAS the Oakland County VEBA (the VEBA Trust ) is a trust established by the Oakland County VEBA Trust Agreement effective as of October 1, 2000 between the County and the Trustees described therein (or their successors, the VEBA Trustees ), as amended, for the purposes of (i) accumulating the funds needed to pay for Retiree Medical Benefits and (ii) receiving contributions for that purpose from the County; and WHEREAS pursuant to an enabling ordinance enacted by the Oakland County Board of Commissioners on June 14, 2007 (the Funding Ordinance ) authorizing an alternate funding mechanism for the County to amortize its estimated unfunded accrued actuarial liabilities for Retiree Medical Benefits for certain retirees and certain active employees of the County, and their eligible dependents, as of October 1, 2006 (the Designated Liabilities ) over a period ending April 1, 2027 (the Funding Period ); and WHEREAS the County established an intermediate trust (the Intermediate Trust ) to irrevocably receive a certain amount of the net proceeds (the Funding Proceeds ) from the sale by the 2007 Oakland County Retiree Medical Benefits Funding Trust (the Funding Trust ) of its Taxable Certificates of Participation, Series 2007 (the Certificates ) and to hold, invest and distribute to the Intermediate Trust (defined below) assets, all in accordance with such trust agreement, as it may be amended in accordance with its terms; and WHEREAS the County has authorized and entered into the 2007 Oakland County Retiree Medical Benefits Contract (the Contract ) with the Funding Trust to assist it in exercising its essential governmental function of providing post-retirement health benefits for its eligible employees, their spouses and eligible dependents and in satisfying its contractual obligations to provide Retiree Medical Benefits by issuing and selling the Certificates and the County has made Contract Payments to the Funding Trust pursuant to the Contract in order to satisfy its obligations to the Funding Trust; and WHEREAS the Funding Trust provides: In the event that any health care benefits plan, program or arrangement becomes effective during the period that any Certificates are outstanding with the effect of supplanting and superseding the County s obligations to pay for all of the costs of providing retiree medical benefits (the Optional Prepayment Trigger), the Intermediate Trust will have fulfilled its designated purpose, and then (i) all, or the applicable portion (as the case may be), of the then existing assets of the Intermediate Trust, to the extent no longer needed to pay future costs of providing County retiree medical benefits, shall be deemed Surplus Intermediate Trust Assets, and (ii) if the County, at its option and in its sole discretion, gives written notice to the Trustee, with a copy to the Trustees of the Intermediate Trust, of the County s irrevocable election to optionally redeem all or a portion (to the extent of the available Surplus Intermediate Trust Assets) of the then outstanding principal amount of the Certificates through an Optional Prepayment as defined in the Contract, then the Intermediate Trust shall (A) transfer all or a portion (as the case may be) of the available Surplus Intermediate Trust Assets to the Trustee as such optional prepayment for and on behalf of the County and (B) promptly give written notice thereof to the County. ; and WHEREAS effective October 9, 2012, the Michigan legislature enacted an amendment to Public Act No. 34 of the Public Acts of Michigan of 2001, as amended ( Act 34 ) into law. Said Act, as amended, 5

5 provided the County the power to take various actions in connection with refunding of the County s existing contractual obligations under the Contract including establishing a new grantor trust to implement the covering of the County s retirees health care liability which was the first step in permitting the County to put in effect a new health care benefits plan, program or arrangement (the Superseding Plan ) which will have the effect of supplanting and superseding the County s obligations under the Contract; and WHEREAS the County has issued $350,000,000 of refunding bonds (the Refunding Bonds ) for the purpose of refunding, as permitted in Public Act No. 329 of the Public Acts of Michigan of 2012, the existing obligations under the Contract which was the second step in implementing the Superseding Plan; and WHEREAS the County was not contractually obligated to keep the VEBA Trust fully funded (and in fact until September 30, 2013 the VEBA Trust was not fully funded as it had always had a retirees medical benefit ( RMB ) unfunded actuarial accrued liability ( UAAL ) even after the Certificates were issued); and WHEREAS as a part of a new Plan, Program or Arrangement the County, during the fall of 2013, undertook to contract with a new Superseding Trust to provide, through such Trust, a mechanism which will keep the VEBA fund at a level where VEBA assets are always equal to at least 100% of the amount necessary to avoid any RMB UAAL, if required through future ARC payments amortizing the UAAL until such time as the UAAL is fully funded; and WHEREAS the County, as permitted by Act 34, created a new grantor trust, the 2013 Superseding Oakland County Retiree Medical Benefits Trust (the Superseding Trust ), which will enter into a new contract (the Superseding Contract ) with the County under which Superseding Contract, the County will be obligated to the Superseding Trust to do the following: A. Pay to the new grantor trust on April 1, 2014, an amount based on the September 30, 2013 actuarial report received by the County from its actuary so that, based on the actuarial assumptions contained therein, as of April 1, 2014 the VEBA Trust will be fully funded with no retiree medical benefits ( RMB ) unfunded actuarial accrued liability ( UAAL ); and B. In all future years, after April 1, 2014, transfer the actuarially required contribution ( ARC ) as determined by the actuary to be made to the VEBA Trust no later than eighteen months after the September 30th for which the actuarial report applies; and WHEREAS on October 31, 2013 the Oakland County Board of Commissioners adopted a resolution approving the 2013 Superseding Oakland County Retiree Medical Benefits Plan (the Superseding Plan Resolution ); and WHEREAS the Superseding Plan Resolution authorized the Oakland County Executive or any Deputy County Executive to execute and complete any and all steps in the Superseding Plan which remained to occur after October 31, 2013; and WHEREAS the Superseding Plan Resolution authorized the Oakland County Executive or any Deputy Oakland County Executive to certify to the Oakland County Clerk that all actions required to complete the Superseding Plan have been completed which is conclusive evidence of the completion of the Superseding Plan; and WHEREAS on December 9, 2013 the County entered into the Superseding Contract with the Superseding Trust (which requires sufficient funds to be on deposit in the future in the VEBA Trust) the ultimate beneficiaries of the new plan, program or arrangement (the County s employees and County s taxpayers) are in a substantially better protected position than they are were before December 9, 2013; and WHEREAS on December 12, 2013, Gerald D. Poisson, Chief Deputy Oakland County Executive certified that the 2013 Superseding Oakland County Retiree Medical Benefits Plan was now complete and in effect and on that same date filed a copy of his certification with the Oakland County Clerk; and WHEREAS on December 12, 2013 based upon various actions which had been taken between November of 2012 and December 12, 2013, the County of Oakland received an opinion from Axe & Ecklund, P.C. which provided as follows: 1. As of July 31, 2007, the closing date of original issuance of the COPS, the County was only obligated to provide health care benefits to its retirees pursuant to prior labor contracts and pursuant to an ordinance (Ordinance No. 27, as amended by Ordinance No. 29) which codified its obligations under the labor contracts. As of the date hereof, the County is now obligated by contract under a new program to provide for the 6

6 payment of such retiree health care benefits through a newly created Trust entitled 2013 Superseding Oakland County Retiree Medical Benefits Trust effective as of October 3, 2013 (the Superseding Trust ), under which Superseding Trust the County is required to make annual transfers of assets to the Oakland County VEBA Trust from which all County retirees health care defined benefits are paid pursuant to a Superseding Contract made as of December 9, This new contractual obligation of the County thereby has superseded the arrangement which existed between July 31, 2007 and December 8, 2013, during which time the COPS were outstanding obligations of the County under the 2007 Oakland County Retiree Medical Benefits Funding Trust. 3. Since this new plan qualifies as a plan, program or arrangement as described in Section 402 of the 2007 Oakland County Retiree Medical Benefits Contract (the Contract ) between the 2007 Oakland County Retiree Medical Benefits Funding Trust (the Funding Trust ) and the County, there now exists in the 2007 Oakland County Intermediate Retiree Medical Benefits Trust ( Intermediate Trust ) Surplus Intermediate Trust Assets as defined in Subsection 402(c) of the Contract from which the County may direct the Trustee of the Funding Trust as provided in Subsection 402(d) of the Contract and in the optional redemption provisions of the COPS to call the COPS at the County s option. ; and WHEREAS on December 12, 2013 Board of the 2007 Oakland County Intermediate Trust authorized the following action: At any time the Treasurer of the 2007 Intermediate Trust shall receive instructions from the County of Oakland to transfer Surplus Intermediate Trust Assets to Huntington National Bank as Trustee of the 2007 Oakland County Retiree Medical Benefits Funding Trust, the Treasurer shall thereafter without further action of these Trustees transfer those Surplus Intermediate Trust Assets to Huntington National Bank. ; and WHEREAS on January 7, 2014, the County of Oakland and The Huntington National Bank, Grand Rapids, Michigan, as Escrow Part II Agent, entered into the Irrevocable Escrow Agreement, Part II as authorized by the Order Authorizing the Execution of the Irrevocable Escrow Agreement, Part II in connection with the $350,000,000 of County of Oakland Retirees Health Care Refunding Bonds, Series 2013A & Series 2013B (the Order ) a copy of 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 Order and the Escrow Agreement, Part II described in Appendix I attached hereto are hereby approved and ratified, and the actions of the Oakland County Executive and the Oakland County Treasurer in executing and delivering the Escrow Agreement, Part II are hereby ratified and confirmed. 2. This resolution shall take immediate effect upon its adoption and the signature of the Oakland County Executive indicating his approval. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Order Authorizing the Execution of the Irrevocable Escrow Agreement, Part II in connection with $350,000,000 of County of Oakland Retirees Health Care Refunding Bonds, Series 2013A & Series 2013B Incorporated by Reference. Original on file in County Clerk s Office. (The vote for this motion appears on page 22.) 7

7 *MISCELLANEOUS RESOLUTION #14002 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING & ENGINEERING (FPE) NORTHWEST CAMPUS BUILDINGS SECURITY ENHANCEMENT PROJECT WHEREAS the Medical Care Facility (MCF), North Oakland Health Center (NOHC), and Little Oaks buildings currently have security equipment in place, such as cameras and ID card scanners; and WHEREAS the Community Mental Health Authority (CMHA) will be moving into the MCF, which is adjacent to Little Oaks, in January and will have patients in residence who may leave at any time of their own volition; and WHEREAS the Women, Infants, and Children (WIC) nurses in the NOHC, which is adjacent to the MCF, services patients with young children every weekday; and WHEREAS the Probation case workers at the North Office Building (NOB), which is also adjacent to Little Oaks, meet with convicted felons every weekday; and WHEREAS inmates from the Jail are released on campus at all hours of the day; and WHEREAS the Sheriff s Office and Building Safety have recommended several building security enhancements in a report prepared in 2013 to enhance the safety of the public and State and County employees; and WHEREAS the Northwest Campus Buildings Security Enhancement Project would install numerous exterior cameras around Little Oaks and NOHC, a computer at Little Oaks, and video recorders at Building Safety; and WHEREAS the Facilities Management Department and Purchasing Division competitively-bid the labor and equipment for the project, then evaluated the bids received using an evaluation matrix, interviewed the low bidder, and prepared scores for each; and WHEREAS the lowest responsible bidder was Mechanical Controls and Maintenance, Inc. (MCMI) per the attached bid summary at $48,920; and WHEREAS the total project costs will not exceed $70,000 which includes MCMI s bid of $48,920, $3,800 for Berbiglia Associates, Inc. (an electrical engineering annual contractor), and a contingency of $17,280; and WHEREAS the funding in the amount of $70,000 is available for transfer from the 2014 Capital Improvement Plan/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Northwest Campus Buildings Security Enhancement Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Northwest Campus Buildings Security Enhancement Project in the amount of $70,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $70,000 from the Capital Improvement Program / Building Improvement (#40100) to the Project Work for the Northwest Campus Buildings Security Enhancement Project (# ) as detailed below. Building Improvement Fund (#40100) ($ 70,000) Transfer Out Project Work Order Fund (#40400) Transfer In $ 70,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of County of Oakland Purchasing Division Bid Tabulation Solicitation Event Northwest Campus Security Enhancements on file in County Clerk s Office. (The vote for this motion appears on page 22.) 8

8 *MISCELLANEOUS RESOLUTION #13322 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS ELECTIONS DIVISION AGREEMENT FOR BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL MUNICIPALITIES WHEREAS the Urban Cooperation Act of 1967 permits local governments to enter into interlocal agreements to provide services; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the cities and townships in Oakland County to utilize the services of the Oakland County Elections Division for Ballot Layout and Programming Services at a cost of $300 per election; and WHEREAS the proposed cooperative agreement between Oakland County and local municipalities will result in an estimated $60,000 biennial savings to local municipalities and $144,000 biennial savings to Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Agreement to govern the relationship and responsibilities between the County and the following local municipalities for ballot layout and programming services: City of Auburn Hills Township of Addison City of Berkley Charter Township of Bloomfield City of Birmingham Charter Township of Brandon City of Bloomfield Hills Charter Township of Commerce City of the Village of Clarkston Township of Groveland City of Clawson Charter Township of Highland City of Farmington Township of Holly City of Farmington Hills Charter Township of Independence City of Fenton Charter Township of Lyon City of Ferndale Charter Township of Milford City of Hazel Park Township of Novi City of Huntington Woods Charter Township of Oakland City of Keego Harbor Charter Township of Orion City of Lake Angelus Charter Township of Oxford City of Lathrup Village Township of Rose City of Madison Heights Charter Township of Royal Oak City of Northville Township of Southfield City of Novi Charter Township of Springfield City of Oak Park Charter Township of Waterford City of Orchard Lake Village Charter Township of West Bloomfield City of Pleasant Ridge Charter Township of White Lake City of Pontiac City of Rochester City of Rochester Hills City of Royal Oak City of South Lyon City of Southfield City of Sylvan Lake City of Troy City of Walled Lake City of Wixom BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement and all other related documents between the County and the municipalities listed above. GENERAL GOVERNMENT COMMITTEE Copy of Agreement for Election Services between Oakland County and Municipalities Incorporated by Reference. Original on file in County Clerk s Office. 9

9 FISCAL NOTE (MISC. #13322) BY: Finance Committee, Tom Middleton, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS ELECTIONS DIVISION - AGREEMENT FOR BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL MUNICIPALITIES Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Clerk Register of Deeds Elections Division is responsible to manage all state and federal elections and report the election results. 2. The Elections Division is qualified to provide ballot layout and election machine programming services to local municipalities and the Oakland County Corporation Counsel has drafted an agreement for the cities, villages and townships (CVT s) in Oakland County to utilize the services of the Oakland County Elections Divisions for ballot layout and programming services at a cost of $300 per election. 3. The proposed funding for this project and ongoing operating cost are derived from the proposed cooperative agreement and will result in an estimated $60,000 biennial savings to local municipalities and $144,000 biennial savings to Oakland County. 4. This is a contract renewal and revenues (Reimbursement General) and expenditures (Overtime and Election Supplies) associated with these services are incorporated in the Adopted Budget for FY 2014, 2015 and 2016, and therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 22.) *MISCELLANEOUS RESOLUTION #14003 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2013/2014 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE WHEREAS for Fiscal Year 2013/2014, the Michigan Department of Environmental Quality (MDEQ), has awarded a reimbursement agreement to the Oakland County Health Division for services related to Noncommunity Type II Water Supply, Long-Term Drinking Water Monitoring, Public Swimming Pool Inspections, Septage Waste, Campground Inspection, and Medical Waste Regulation Inspections; and WHEREAS all the services referenced above are on-going except Medical Waste Regulation which is a pilot program; and WHEREAS the Fiscal Year 2012/2013 MDEQ Reimbursement Agreement reflected a total potential funding amount of $224,406; and WHEREAS the Fiscal Year 2013/2014 MDEQ Reimbursement Agreement reflects a total potential funding amount of $240,585, which is a $16,179 increase in potential funding from the previous agreement; and WHEREAS no personnel changes have been requested for the reimbursement programs at this time; and WHEREAS this Reimbursement Agreement has been submitted through the County Executive's Contract Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Environmental Quality Agreement in the total potential amount of $240,585, beginning October 1, 2013 through September 30, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approval of the abovereferenced contract is specifically conditioned and premised upon the Department s concurrence in the terms and conditions contained in Addendum A of the Agreement, as mutually agreed to by the County and the Michigan Department of Environmental Quality. 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 10

10 approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement and Addendum A by the Michigan Department of Environmental Quality, and that the failure of the Michigan Department of Environmental Quality 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. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Reimbursement Agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Department Of Health And Human Services/Health Division FY 2013/2014 Michigan Department of Environmental Quality Reimbursement Agreement Acceptance Each year the Oakland County Health Division (OCHD) enters into a contract with the Michigan Department of Environmental Quality (MDEQ) to carry out the following activities: Noncommunity Water Supply (Type II) The OCHD monitors water supplies that are not community owned but supply water to the general public through the course of doing business. Long-term Drinking Water Monitoring The OCHD collects water samples to monitor drinking water supplies in areas of known or suspected contamination as identified by DEQ. Testing is conducted in DEQ lab. Swimming Pool Program The OCHD makes inspections, monitors water sampling activities, mails results, and investigates complaints of swimming pools and spas that are open to the public in Oakland County. Septage Waste Program The OCHD will inspect land septage disposal sites annually and septage waste motor vehicles as licenses are renewed. Campground Inspections The OCHD inspects public campgrounds and facilities yearly for license renewal. This fiscal year MDEQ has added the following pilot project: Medical Waste Regulatory Inspections The OCHD will inspect a random sample of registered medical waste producers that function as small, relatively low volume producers of medical waste. Copy of Grant Review Sign Off Health Division Incorporated by Reference. Original on file in County Clerk s office. FISCAL NOTE (MISC. #14003) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2013/2014 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Environmental Quality (MDEQ) has awarded $240,585 to the Oakland County Health Division for services related to Non-Community (Type II) Water Supply, Long-Term Drinking Water Monitoring, Swimming Pool Program, Septage Waste Program, Campground Inspections and Medical Waste Program. 2. The grant award of $240,585 is a $16,179 increase from the previous year s agreement. 11

11 3. The grant period is October 1, 2013 through September 30, The FY 2014 budget is amended as follows: GENERAL FUND (#10100) FY 2014 Amendment Revenues Public Water ($ 129) Septage Require. ( 650) Water Supp. Require. ( 4,742) Public Swimming Pool ( 1,300) Long Term Monitoring ( 2,000) Medical Waste Regulatory 25, Non-Dept Planned Use of Balance ( 16,179) $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 22.) *MISCELLANEOUS RESOLUTION #14004 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2013/2014 OAKLAND INTERMEDIATE SCHOOL DISTRICT, GREAT PARENTS GREAT START GRANT ACCEPTANCE WHEREAS the Oakland Intermediate School District has awarded a grant to the Oakland County Health Division for the purchase of educational supplies to be distributed to families served by the Nurse Family Partnership and Nurturing Parenting Programs; and WHEREAS the grant period is for one year beginning October 1, 2013 through September 30, 2014; and WHEREAS grant funding is in an amount of $48,441; and WHEREAS no additional personnel are needed to carry out this program; and WHEREAS this Grant Agreement has been submitted through the County Executive's Contract Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland Intermediate School District s Agreement in the amount of $48,441, beginning October 1, 2013 through September 30, BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Grant Agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off Health Division Incorporated by Reference. Original on file in County Clerk s office. FISCAL NOTE (MISC ) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2013/2014 OAKLAND INTERMEDIATE SCHOOL DISTRICT, GREAT PARENTS GREAT START GRANT ACCEPTANCE Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 12

12 1. The Oakland Intermediate School District has awarded the Oakland County Department of Health and Human Services/Health Division funding in the amount of $48, This is the first year of this grant. 3. Funds will be used to purchase parent textbooks, screening tools (Adult-Adolescent Parenting Inventory, Protective Factors Survey), and age-appropriate educational items for approximately 95 families with 135 children aged birth to five in the Nurturing Parenting Program. In addition, the grant will provide age-appropriate educational items for approximately 100 families with children aged birth to two in the Nurse-Family Partnership Program. 4. The grant period extends from October 1, 2013 through September 30, The Fiscal Year 2014 Special Revenue Budget is amended as follows: HTH GREAT PARENTS GREAT START (FUND #28608) Budget Reference 2014/(#GR ) 13 FY 2014 Amended Budget Revenues Federal Operating Grants $ 20, Federal Operating Grants 27,550 Total Revenues $ 48,441 Expenses Training-Educational Supplies $ 20, Training-Educational Supplies 27, Printing 500 Total Expenses $ 48,441 FINANCE COMMITTEE (The vote for this motion appears on page 22.) *MISCELLANEOUS RESOLUTION #14005 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT REDUCE VESTING PERIOD REQUIREMENT FOR RETIREMENT HEALTH SAVINGS PLAN PARTICIPANTS AND OFFER VOLUNTARY OPTION FOR EMPLOYEES TO SWITCH TO RETIREMENT HEALTH SAVINGS PLAN FROM VOLUNTARY EMPLOYEES BENEFIT ASSOCIATION PLAN, Chairperson, Ladies, and Gentlemen: WHEREAS Miscellaneous Resolution #05258 established a Retirement Health Savings (RHS) Plan for full-time eligible employees hired on or after January 1, 2006; and WHEREAS the RHS Plan is now the only retiree health, dental, and vision plan available for newly hired employees and is a defined contribution type of retiree health care plan; and WHEREAS there is a graduated vesting schedule for all employees who are eligible for the RHS Plan with 60% of the employee s benefit vested after 15 years of service, accruing an additional 4% vesting increment for each subsequent year of service until eventually becoming fully vested after 25 years of service; and WHEREAS workforce statistics indicate median tenure for employees currently entering the workforce is dramatically lower than the traditional length of service in the past; and WHEREAS the existing year graduated vesting schedule for the RHS Plan provides limited recruitment and retention value to this important labor sector that we need to fill County jobs in the future; and WHEREAS it is recommended that the vesting period for all RHS Plan participants be revised as follows: Years of Service Completed % Vested Less than

13 WHEREAS the only retiree health care plan available currently to full-time eligible employees hired prior to January 1, 2006, is the Voluntary Employees Benefit Association (VEBA) Plan which is now a fully closed plan and no longer available to newly hired employees; and WHEREAS the VEBA Plan is a defined benefit type of retiree health care plan; and WHEREAS the Federal Patient Protection and Affordable Care Act (PPACA) was signed into law on March 23, 2010, which provides for a federally-approved health care exchange to be operational on January 1, 2014, where individuals can purchase private health care insurance; and WHEREAS this new federal program may appeal to some employees who may desire to purchase insurance through the federal health care exchange in their early retirement years or supplement their Medicare coverage when they become eligible for that program; and WHEREAS such employees may desire to convert from the VEBA Plan to the RHS Plan to provide more flexibility in their health care choices during retirement; and WHEREAS if employees chose to voluntarily convert from the VEBA Plan to the RHS Plan, such action would supersede and supplant the County s obligation to provide future retirement health care benefits to those employees; and WHEREAS it is recommended that a limited window of opportunity should be provided to VEBA-eligible employees to allow them to voluntarily and irrevocably convert to the RHS; and WHEREAS it is recommended that for employees who voluntarily and irrevocably convert from the VEBA Plan to the RHS Plan, an initial lump sum amount will be placed into their RHS account which will equal $2,000 for each full year of eligible service with the County as of April 1, Thereafter, the County will contribute the same biweekly amount provided to current RHS-eligible employees which will be dependent upon bargaining union agreements or provisions for non-represented employees. NOW THEREFOR BE IT RESOLVED that effective as of April 1, 2014, the vesting schedule for all RHS Plan participants be revised as follows: Years of Service Completed % Vested Less than BE IT FURTHER RESOLVED that employees who leave county employment with a RHS account that are not 100% vested at the time of separation, and return to full-time eligible county employment have their forfeited amount restored. BE IT FURTHER RESOLVED during the period of June 1, 2014, through June 28, 2014, that the Oakland County Board of Commissioners authorize a one-time voluntary opportunity for VEBA-eligible employees to convert from the County s VEBA Plan to the County s RHS Plan for all non-represented employees and represented employees whose collective bargaining agreement provides for a me too for fringe benefits. BE IT FURTHER RESOLVED that employees who voluntarily convert from the VEBA Plan to the RHS Plan shall acknowledge by a signed statement that the decision to convert shall be irrevocable. BE IT FURTHER RESOLVED that the County shall deposit an initial lump sum amount for employees who convert from the VEBA Plan to the RHS Plan, into an RHS account which will equal $2,000 for each full year of eligible service with the County prior to April 1, Thereafter, the County will contribute the same biweekly amount provided to current RHS-eligible employees which will be dependent upon bargaining union agreements or as provided for non-represented employees, whichever is applicable to the individual employee at the time of conversion. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #14005) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT REDUCE VESTING PERIOD REQUIREMENT FOR RETIREMENT HEALTH SAVINGS PLAN PARTICIPANTS AND OFFER VOLUNTARY OPTION FOR 14

14 EMPLOYEES TO SWITCH TO RETIREMENT HEALTH SAVINGS PLAN FROM VOLUNTARY EMPLOYEES BENEFIT ASSOCIATION PLAN Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Miscellaneous Resolution #05258 established a Retirement Health Savings (RHS) Plan (defined contribution type of retiree health care plan) for full-time eligible employees hired on or after January 1, 2006 which is now the only retiree health, dental, and vision plan available for newly hired employees. 2. There is a graduated vesting schedule for all employees who are eligible for the RHS Plan with 60% of the employee s benefit vested after 15 years of service, accruing an additional 4% vesting increment for each subsequent year of service until eventually becoming fully vested after 25 years of service. 3. This schedule provides limited recruitment and retention value to this important labor sector that we need to fill County jobs in the future. 4. It is recommended that effective April 1, 2014 the vesting schedule for all RHS Plan participants be revised as follows: Years of Service Completed % Vested Less than The only retiree health care plan available currently to full-time eligible employees hired prior to January 1, 2006, is the Voluntary Employees Benefit Association (VEBA) Plan (defined benefit type of retiree health care plan) which is now a fully closed plan and no longer available to newly hired employees. 6. The Federal Patient Protection and Affordable Care Act (PPACA) provides for a federallyapproved health care exchange where individuals can purchase private health care insurance. 7. The new federal program may appeal to some employees who wish to purchase insurance through the federal health care exchange in their early retirement years or supplement their Medicare coverage when they become eligible for that program and such employees may desire to convert from the VEBA Plan to the RHS Plan to provide more flexibility in their health care choices during retirement. 8. If employees chose to voluntarily convert from the VEBA Plan to the RHS Plan, such action would supersede and supplant the County s obligation to provide future retirement health care benefits to those employees. 9. Employees who leave county employment with a RHS account that are not 100% vested at the time of separation, and return to full-time eligible county employment have their forfeited amount restored. 10. It is recommended during the period of June 1, 2014, through June 28, 2014 that the Oakland County Board of Commissioners authorize a one-time voluntary opportunity for VEBA-eligible employees to convert from the County s VEBA Plan to the County s RHS Plan for all nonrepresented employees and represented employees whose collective bargaining agreement provides for a me too for fringe benefits. 11. For the employees who choose to convert from the County s VEBA Plan to the County s RHS Plan the County shall deposit an initial lump sum amount into an RHS account which will equal $2,000 for each full year of eligible service with the County prior to April 1, 2014 and, thereafter, the County will contribute the same biweekly amount provided to current RHS-eligible employees which will be dependent upon bargaining union agreements or as provided for non-represented employees, whichever is applicable to the individual employee at the time of conversion. 12. Employees who voluntarily convert from the VEBA Plan to the RHS Plan shall acknowledge by a signed statement that the decision to convert shall be irrevocable. 15

15 13. While the change in the vesting period may reduce the amount of forfeited funds returned to the County, it will not have any budgetary impact as the forfeited funds related to employees who leave County employment before being fully vested are not budgeted. 14. It is estimated that ratio of savings is approximately 5:1; meaning for every $1 provided for the one-time voluntarily conversion, $5 savings is anticipated in present value liabilities. 15. Based on a preliminary analysis, the high-end estimate for the one-time voluntarily conversion cost is $10.5 million with the potential reduction of the VEBA liability of $52.5 million. 16. Funding is available for the voluntarily conversion cost from the Fringe Benefit Fund. 17. A budget amendment will be included with the FY 2014 Third Quarter Forecast Resolution based on the actual number of employees who voluntarily elect to irrevocably convert from the VEBA Plan to the RHS Plan. FINANCE COMMITTEE (The vote for this motion appears on page 22.) *MISCELLANEOUS RESOLUTION #13324 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS BUYOAKLAND PROGRAM To the Oakland County Commissioners WHEREAS Oakland County s Economic Development and Community Affairs will launch a BuyOakland campaign and portal to promote the businesses within the County; and WHEREAS the cost of $50,000 will be needed to develop the marketing plan, graphics, brochures and promotional items to launch and market this initiative; and WHEREAS no new positions are requested. NOW THEREFORE BE IT RESOLVED that Oakland County Board of Commissioners approves the creation of the BuyOakland initiative and appropriates the funds in the amount of $50,000 for the creation, development, and marketing of the BuyOakland campaign. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of OaklandBusinessConnect.com on file in County Clerk s office. FISCAL NOTE (MISC. #13324) BY: Finance Committee, Tom Middleton, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS BUYOAKLAND PROGRAM Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves the creation of the BuyOakland initiative to promote businesses within Oakland County. 2. The cost of the campaign will be $50,000 for development of the marketing plan, graphics, brochures and promotional items. 3. No new positions will be required. 4. Funding is available from General Fund Assigned Fund Balance GL Account (#383342). 5. A budget amendment is recommended. GENERAL FUND (#10100) GL Account (#383342) FY 2014 Revenue Planned Use of Balance $50,000 Total Revenue $50,000 Expenditure Professional Services $50,000 16

16 (The vote for this motion appears on page 22.) Total Grant Expenditure $50, FINANCE COMMITTEE *MISCELLANEOUS RESOLUTION #13325 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: PARKS AND RECREATION COMMISSION 2013 BP FUELING COMMUNITIES DONATION ACCEPTANCE WHEREAS the Oakland County Parks and Recreation Commission has been nominated by Barrick Enterprise, a local BP Branded Marketer, for a donation through the BP Fueling Communities Program; and WHEREAS the BP Fueling Communities Program provides monetary donations to local organizations that are nominated by BP s Branded Marketers to support the communities in which they do business; and WHEREAS the Fueling Communities Program gives back to local organizations that support health, education, youth, food and housing to spread charity and goodwill; and WHEREAS the Oakland County Parks and Recreation Commission has been approved as a recipient of a $20,000 donation; and WHEREAS the donation will fund the Disabled Veteran s Sport Initiative; and WHEREAS the Oakland County Parks and Recreation Commission recommends acceptance of the $20,000 BP Fueling Communities Program donation to fund the Disabled Veteran s Sport Initiative. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acceptance of the 2013 BP Fueling Communities Program donation in the amount of $20,000 for the Disabled Veteran s Sport Initiative. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #13325) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION 2013 BP FUELING COMMUNITIES DONATION ACCEPTANCE Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Oakland County Parks and Recreation Commission has been nominated by Barrick Enterprise for a donation through the BP Fueling Communities Program. 2. The BP Fueling Communities Program provides monetary donations to local organizations to support the communities in which they do business and gives back to local organizations that support health, education, youth, food and housing to spread charity and goodwill. 3. The Oakland County Parks and Recreation Commission has been approved as a recipient of a $20,000 donation which will fund the Disabled Veteran s Sport Initiative. 4. Donated funds will be used by the Parks and Recreation s Adaptive Recreation programming services function to provide a variety of opportunities for persons with disabilities. 5. The FY 2014 budget is amended as follows: PARKS AND RECREATION FUND (#50800) FY 2014 Budget Amendment 17