BOARD OF COMMISSIONERS 1 S. Main St., g!h Floor

Mount Clemens, Michigan 48043 586.469.5125 FAX 586.4695993

macombcountymi.govlboardoJi:oJlmlissjoner~

BOARD OPERATIONS COMMITTEE

TUESDAY, APRIL 19, 2011

AGENDA

1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda, AS AMENDED, TO INCLUDE #10B 4. Approval of Minutes dated 3-15-11 (previously distributed) 5. Public Participation (five minutes maximum per speaker, or longer at the discretion of the

Chairperson related only to issues conta.lned on the agenda)

6. Report from Corporation Counsel

7. Report from Lobbyist (mailed)

8. Report from Board Chair

9. Status Report from Chair of Ad Hoc Committee to Review RFP Responses for Independent Counsel

10. APPOINTMENTS:

a) HOSPITAL FINANCE AUTHORITY BOARD (1 reappointment - 5 year term, expires 12-31-15)

(recommendation from Board Chair and application were mailed)

b) HURON CLINTON METRO AUTHORITY BOARD (1 reappointment - 6 year term. expires 4-30-17)

(recommendation from County Executive and application are attached)

11. New Business 12. Public Participation (five minutes maximum per speaker or longer at the discretion of the

Chairperson)

13. Adjournment

MEMBERS; Tocco-Chair, Carabelli.Vice.Chair, Brown, DiMaria, Flynn, Fraschetti, Gralewski, Miller, Moceri, Sabatini, Sauger, Smith and Vosburg.

MACOMB COUNTY BOARD OF COMMISSIONERS K", D ,~,., Marvin E. Saug~r Fred Millor Dj<lri~1 8 Di:illi~12 DisuiCl 9

""" VK~ CMi, Sergeam-Al-Arrns

ToniMt><:a'i- DiNicrl David Fl)'llli - Diwi.... 4 James L C3r.1bclli _ D1;;trio( 6 Roland R FrMcllelli· DilimcI 10 Bob Smilh- District 12

Phi!lIp A. DiMarL! - Di.uner 3 Ray Gmlelll.ki. Dime( S Don Bro"n_ Di.triel 7 Katb.y Toc.:<:.. Dilitncl II Joe Sabatini- Distri.... 13

RESOLUTION NO. _ FULL BOARD MEETING DATE: _

AGENDAITEM: _

MACOMB COUNTY, MICHIGAN

RESOLUTION TO receive and file the legislalive report submilled by Erik Hingst, Governmental Consultant Services. Inc.

INTR0 DU CED BY: _---"K"'a"'th"y'--T'-'o"c"c"o'-',C"",ha",i"r'-'oB",o",a",rd"-"O",p"e"ra",ti",o"ns"--",C",o",m,,-m,,,i,,,ll,,-ee"--- _

COMMITTEE/MEETING DATE Board Operations 04-19-11

Governmental Consultant Services, Inc. 120 N. Washington Sqnare, Lansing, Michigan 48933

Phone: 517-484-6216 Fax: 517-484-0140

GCSI

MEMORANDUM

TO: Commissioner Kathy Tocco

FROM: Erik Hingst

DATE Aprilll,2011

RE Board Operations Legislative Report

Governor's Community De\'e1opment and Local Government Reforms message:

On Monday, March 21'1, Governor Rick Snyder delivered his Community Development and Local Government Refom15 message in Grand Rapids. The message included a series of proposed reforms to help municipalities with the financial challenges they are facing by assisting them with a number of obstacles the state has established while incentivizing them to participate in a ne\\' revenue sharing system. Specifically the message included the following eight legislative priorities:

1) Revenue Sharing: The three areas of fOCllS are: a) accountability and transparency; b) development of a plan to consolidate services. The Governor noted that existing consolidations will meet this objective; and, c) addressing employee compensation.

2) Enabling consolidations ofjurisdictions by creating new opportunities for voluntary consolidations.

3) Ensure collective bargaining at the appropriate time by beginning new negotiations to commence when ne\\' entities/authorities are formed.

4) Amend Pnblic Employee Relations Act (PERA) by clarifying that PERA is not a barrier to exploring options between or among public employers.

5) Reform binding arbitration by amending P.A. J t2 to include reforms such as ability to pay.

6) Prohibit minimum statTing requirements by amending various statutes to prohibit adoption of these ordinances to charters.

7) Implement local penSLOn board best practices by Improvmg transparency and increased accountability.

8) End unfunded mandates by amending P.A. 101 10 require the Legislature analyze each bill for unfunded mandates and prohibit a mandate from taking effect unless funding follows.

~'1any of the Governor's recommendations have already been introduced. In facl. the House and Senate have held a number of hearings on several of the recommendations already and several ilems have

already seen action by one Chamber or the other. We expect the Legislature to continue broad discussions and hearings into the spring, and we expect additional bills to be introduced on a number of the other recommendations.

Specifically. the Governor is asking cities, villages and townships to "compete" for statutory revenue sharing by replacing the current year appropriation of $307 million with what he calls a new "Economic Vitality lncentive Program" funded with $200 million. The new program requires local units 10 meet certain best practices and reforms like: accountability, transparency, production of a fmancials and perfonnance "dashboard", consolidation of services, estimations of savings, costs of sharing critical services and employee compensation adjustments like defined contribution plans, multipliers, and an 80120 health care premium split (this partieular item is deseribed in further detail below).

County Revenue Sharing:

Under the State Revenue Sharing Act, counties receive revenue generated by the sales tax. Of the total amount of sales tax available for distribution to local governments, counties receive 25.06% of the 2L3~o. Payments are apportioned among the 83 counties on a per capita basis, and are distributed each February, April. June, August, October, and December.

Again, the Governor's budget recommendation does not ask counties to "compete" for statutory revenue sharing like the cities, villages and townships. However, the reeommendation reduces the eounty portion of revenue sharing by 34% (the Govemor proposed $100 million for the county portion of revenue sharing in Fiscal Year 2011-12 - roughly S151 million is necessary to fully fund the county portion). As proposed by the Governor, Macomb is estimated to reeeive $7,81 OA88 in statutory revenue sharing payments for FisClll Year 2011-12.

Macomb County Business Incubator:

We continue our efforts with both Senator John Pappageorge (R-Troy) and Representative Earl Poleski (R·Jackson) - Chairs of the Senate and House Appropriations Subcommittees on General Government - 10 retain the current year appropriation of $250,000 y,.'c secured for the Maeomb County Business Incubator in the current year.

Public Employee Health Care Contributions:

The Senate Refonns. Restructuring and Reinventing Committee continues to take testimony on Senate Bill 7 and Senate Joint Resolution C. Senate Bill 7 would create a new law to be named the Publicly Funded Health Insunmce Contribution Act and require public employees to pay 20 percent of the cost of their health insurance. Elected officials of public employers could increase a jurisdiction's share of said cost to 90 percenl from 80 percent if the plan included a Health Savings Account or higher deductib Ie and complied with federal law.

Senate Joint Resolution C would arnend the state Constitution to penn it the Michigan Legislature to regulate the health insurance benefits of public employees.

Emergency Financial Manager (Public Act 72 of 1990):

The newly enacted Emergency Financial Manager (EFM) laws do indeed allow Emergency Financial Managers to renegotiate existing public union contract agreements. The new law establishes a number of "triggers" including a preliminary state review of the local unit if a local government has a credit rating of BBB or lower.

Another new provision enabling a state preliminary review is a local government breaching its obligations under a deficit elimination plan. There is also a new catch-all trigger enabling [he treasurer or state superintendent to initiate a preliminary revie....' if in his or her judgment "other facts or circumstances" exist that indicate municipal or school district financial stress.

Specifieally the new powers established for an emergency manager is as follows:

• Ability to void, modify or renegotiate contracts • Ability to run the academic side of school districts, not just the financial side • Ability to order millage elections • Ability to disincorporate or dissolve the municipal government with the approval of the

Governor or recommend consolidation with another municipal government • Ability ro recommend to the Governor that a school district be reorganized • Require competitive bidding of contracts S50,000 or more • Bars the sale or transfer of a municipality's public utility furnishing light, heat, or pO\ver

without voter approval, and could not use the separate assets of such a utility to satisfy the city's or village's general obligations

• Eliminates the salary and benefits of the chief administrative officer and governing body members during a receivership, except as restored by the emergency manager

• Removes all powers from local governing body and chief administrative officer • Allows for recommendations to the Governor that municipality be allowed to file for Chapter 9

bankruptcy • Exempts a local government in receivership from collective bargaining requirements for five

years or until the receivership was terminated, whichever occurred first • Requires an emergency manager to adopt a two-year budget for the local government. and

ensure that all applicable collective bargaining agreements, if any, were in place before the receivership was ended

• Allows the state treasurer, through a consent agreement, to grant to local officials the powers prescribed for an emergency manager except the power to reject, modify, or terminate collective bargaining agreements

The other triggers that could lead to a preliminary state review:

• A written request from the local governing body or chief administrative officer • A written request from a creditor with an undisputed claim that remains unpaid 6 months after

its due date against the local government that exceeds the greater of $10,000.00 or 1% of the annual general fund budget of the local unit

• A petition containing specific allegations against the local government signed by not less than 5 percent of registered electors residing within the local government's jurisdiction that cast votes for all candidates for governor \vithin the govemment's jurisdiction at the last preceding election at \\'hich a governor was elected

• Written notification that a local government has not timely deposited ils minimum obligation payment to the local government pension fund

• Written notification that the local government has failed for a period of seven days or more after the seheduled date of payment to pay wages and salaries or other compensation owed to employees or benefits owed to retirees

• Written notification from a trustee. paying agent, bondholder or auditor engaged by the local government of a default in a bond or note payment or a violation of one or more bond or note covenants

• A resolution adopted by either the Michigan House ofRepresentatives or Senate • The local government has violated a requirement of, or a condition of an order issued pursuant

to, the Revenue Bond Act, the Municipal Finance Act or any other law governing the issuance of bonds or notes

• A municipal government has violated the conditions of an order issued by the local emergency financial assistance loan board pursuant to the Emergency Municipal Loan Act

• The local government has \'iolated a requirement of sections 17 to 20 of the Uniform Budgeting and Accounting Act

• Failure to file an annual financial report on time • Delinquency in the distribution of tax revenues, as required by' la.....', that it has collected for

another taxing jurisdiction, and that taxing jurisdiction requests a preliminary review • Breach of obligations under a deficit elimination plan • A court has ordered an additional tax levy without the prior approval of the governing body of

the loeal government • A municipal government ends its fiscal year in deficit • A school district ends its year with a deficit in at least one of its funds and has not submitted a

deficit elimination plan to the state within 30 days of the deadline for submitting its annual financial statement

Other Items to Consider:

1. Senate Bill 34, introduced by Senator Mike Nofs (R-Battle Creek), would eliminate all personal property taxes and take another $700 (0 $900 million in revenue away from local units. Clearly this could have an impacl on bOlh the county and your respective local units.

2. A number of other local units of government - including the City of Grand Rapids are discussing a plan to raise the state sales tax by I percent and constitutionally earmark the $1,1 billion the increase would generate, to cities, villages and townships (most likely to police and fire services). The plan is being offered in an attempt to off-set the negative impact of the statutory revenue sharing changes proposed by the GO'vernor and/or the potential elimination of personal property taxes.

As always, please do not hesitate to contact us with any questions or concerns.

RECYCLABLE PAPER

BOARD OF COMMISSIONERS I S. Main St., 8th Floor

Mounl Clemens, Michigan 48043 586.469.5125 FAX 586.469.5993

lllawmbwuutymi.goviboardofwmmissioners

March 18, 2011

TO: Honorable Commissioners

FROM: Kathy D. Vosburg, Board Chair

RE: Hospital Finance Authority Board

I request you concur with my reappointment of Peggy Kennard to the Hospital Finance Authority Board.

Dr. Kennard has been an important, dedicated member of the Board and will continue to serve Macomb County well.

Her new term will extend through December 31,2015.

MACOMB COUNTY BOARD OF COMMISSIONERS K,,_,D Voob~, Mll1vrn E. Sauger Fred Miller

Di~nic' 8 Dislrict 2 D,slnol9 OW, Vice Chair Sergeanl-At-Arrns

Toni Moceri - District I David Rynn _ District 4 James L. Carnbelli - Di,tricl 6 Roland R- Fr"""h<:tti.- District 10 Bob Smith- District 12

Phillip A. DiMaria - District J Ray Gmlew.ki - DiMet 5 DoD Brown- District 7 Kathy TOCC{J- Dislrict II 10e S.ootini- Di!lIict 13

APPLICATION FOR APPOINTMENT MACOMB COUNTY BOARD OR COMMISSION

(Please note only legible applications can be considered)

I, _fe3:J'I d, kennqed. _,hereby make applicatiDn fDrappDintment tD Nama ­

HOS Plj~1 f,'r14tlLG livihoc/fy fDr ~ OniJrDm I-I-Il r Name of Board or Comml55ian r Num~ 01 yea. ~~Ex=,,~,;;:D'';;''~'"'ol"Ap=..='=.""=••=,­

TO THE MACOMB COUNTY BOARD OF COMMISSIONERS:

STATE OF MICHIGAN) ;):17-'1.-7657 )5'

COUNTY OF MACOMB)

1.1 reside at ..J3J3,t 5'1. C/411- Sh"r~ MT City }Streel

_---<di'-4.J'-U-<C..<D"''''».£hL...,.=c- and have since--':)=-O=-<l::....:c~-=- _ County

Mailing address if different than above: _

Telephone: :;'tc, ­ .2 if')- 10Ie, Cell Phone: s='I(, - 7 {, 'i - 2 '3 yo Email: ),.0 &rWqr,.,{ (j) C4Vt-=./. ne-f

I

2.1 am at least 18 years of age: Yes 1j(No 0

3. I am currently registered to vote: Yes r;tNo [J

4. Citizen of _-"U'-'S"-'-'Ac-== Country

5. Employer: ~"-t!.JtLL'r-"J<L..

_

_

Telephone: NA-a. Indicate nature of your work: _

b. Title: _

6. Educational level and degrees received: B. ft. Its bu~t c, I/ej"'- Iff, 7

fv1dJ. E<?Siera l1},C,h'54tL Un,'veCi ift 117:;(

Ph. D, Uederfl I'Y2,Gb'jan. VtlI'v'ersifj J"l '8'-:3 7. I presently hold the following appointments and elected positions:

Appointment or Election Date

Title Appointment or Election Date

Tltl. Appointment or Election Date

8, Previously held appointments and/or elected positions:

aco,,", b {OU~ '0 e /11 - ~o6 Title Dales Served

Tille f Dates Served

Dates served

9. Have you even been convicted of a felony? If yes, list each, giving date, nature of offense or violation, name and location of court, the penalty imposed, if any, or the disposition of the case. A conviction will not automatically bar you from an appointment.

•No

10. Do you have a conflict of interest or a potential conflict of interest such as a financial or business interest in any contracts, grants, pennits, etc. with Macomb County? If so, list the interest (except where required for the appointment).

No

2

11. List any family members who are or have been employed by Macomb County or are or have been elected to County offices.

A!A ~----

12. Is this an application for reappointment? Yes WNo 0

If yes, how many years have you served on this board? ---"C"--- _

Please indicate your attendance record for the tennIs) served / ---..,.---c,====-­No. of meetings attended No. of meelings held

Comments/Clarification (only if necessary) _

rr q r/ Serve on f£,t'5 60m.m#e-e :5inc<e a", tlvfkoc/ly LUQ6 {irs"!

focm ...Jj auJ tUoulJ ce,olJceG,'gte,. +he., ol),oocfun.iy To, , n (0 e See'" e lOS

iJl)(' (IJun!t w,'! 'jreafly Serve Ou'-- 1'V5,rl, "is 4S wel( '2 S eni."""", our eGonoWl''6 devetojirr1eY/-/;

3

I hereby apply for appointment to J:{os t>:t-{ F"h.",,-~ ttufJ.c,.;fv and do swear or affirm r Board or Commission I

that (1) if appointed, I will comply with all statutory and other requirements and obligations of

my appointment; (2) if I cease to comply with such requirements, I automatically forfeit said

appointed position; (3) I hold no position or appointment which is a conflict of interest with the

appointed position applied for; and (4) to the best of my knowledge and belief, I possess the

requisite qualifications for the office I am se~ J

S;gW¥­

Subscribed a~om to before me this 1b-- day of QJM..t>eA, 2010 .

~oCe~~Notary u Iic~ MaC:b ounty, Michigan

MYRA A. CORYELL Notary Public, Macomb County, Ml

My commission expires: UV CG"'mission Expires 09/151201 3 IAcllngln MlICOmD eoun~1

Note: Applicants may - but it is not required - attach additional inforTTlation pertaining to this Application for Appointment if attachments do not exceed the maximum for each item listed below:

• Resume':"" up to one page • Letter of Reference - up to two pages • LE;ltter of Intent - up to one page

The following is for Board Office use only:

Overseeing CommiUee: _

Chair Review for Compliance: _,,====== _ (Commissioner Sign-off)

(revised 02109 pd)

4

-----------------

Kathy Vosburg, Board Chair To:

and Commission Members

From: Mark A. Hackel, County Executi

Date: April 13, 2011

Re: Huron Clinton Metro Authority BoardMemorandum

Attached you will find a copy of Anthony Marrocco's application for reappointment to the Huron Clinton Metro Authority Board. r respectfully request you concur with my reappointment of Anthony Marrocco to the Huron Clinton Metro Authority Board.

Mr. Marrocco has been an integral and dedicated member of the Board and continues to serve Macomb County and the Huron Clinton Metro Authority Board well.

With the Board's concurrence, his new six (6) year term will be from April 30, 2011 to April 30,

2017.

MAH/pjl

APPLICATION FOR APPOINTMENT RECEIVED MACOMB COUNTY BOARD OR COMMISSION

(Please note only legible applications can be considered) MAR 11 2011

BOARD OF COMMISSIONERS I, Anthony Marrocco, hereby make application for appointment to _

N'"" Huron Clinton Metro Authority Board for __--..;s';;i~x==;;:---f,rom 4130/11

Name of Boai'd or CommiG.5ion Number ot y."1'$ Exact Oates of Appointment

to ----'4"'/3"'0"'/1'-'7 ,

TO THE MACOMB COUNTY BOARD OF COMMISSIONERS:

STATE OF MICHIGAN) ).s

COUNTY OF MACOMB)

1. I reside at 39557 Moravian Drive, Clinton Township, 4"'8"'0"'3"'8'-- _ ~itreel City Zip

_ ___-"Ma""'c"'o"'m"'b!!....;~:;;;_-------_-and -'2"'0"'0"'9have since _ County

Mailing address if different than above:

Telephone: 588-489-5325 Cell Phone: 588-817-9988

Email:

2. I am at least 18 years of age: Yes X No 0

3. I am currently registered to vote: Yes X No 0

4. Citizen of _---'U'-'S"A'-----r:;=;;- _ Country

5. Employer: Macomb County

Telephone: 588-489-5325

a. Indicate nature of your work: Elected Official- Public Works Office

b. Title: Commissioner

6. Educational level and degrees received: BIA University of Detroit

7. I presently hold the following appointments and elected positions:

Public Works Commissioner 1993 Present Title Appointment or Election Date

Huron Clinton Metro Authority Commissioner May 1, 2005· Present Title Appointment or Election Date

Macomb County Parks and Recreation Commissioner 1993 • Present

Title Appointm;ont or Election Date

8. Previously held appointments and/or elected positions:

Macomb County Commissioner 1985-1988 Title Dates Served

Chippewa Valley School Board Trustee 1983 -1984 Title Oates Served

TlUe Oates Served

9. Have you even been convicted of a felony? If yes, list each, giving date, nature of offense or violation, name and location of court. the penalty imposed, if any, or the disposition of the case. A conviction will not automatically bar you from an appointment.

No

10. Do you have a conflict of interest or a potential conflict of interest such as a financial or business interest in any contracts, grants, permits, etc. with Macomb County? If so, list the interest (except where required for the appointment). NO

2

11. List any family members who are or have been employed by Macomb County or are or have been elected to County offices. N/A

12. Is this an application for reappointment? Yes X No 0

If yes, how many years have you served on this board? ,,6->y"e"a!!rs"-- _

Please indicate your attendance record for the tennIs) served 58 I ,,,63,,-;;;;====;;; fro. of meetings attellded No. of meeUngs held

CommentsfClarification (only if necessary) As of January 2007 to present. attendance is at 92%

13. Briefly indicate your qualifications for appointment to this specific board and why you believe your appointment wiJI benefit Macomb County.

I am uniquely gualified for a position on the Huron Clinton Metro Authority Board based on my

experience as a Commissioner of the board the past six as well as mv broad experience in the

public and private sectors. I have served as Macomb County Public Works Commissioner and a

member of the Macomb County Parks & Recreation Commission for 18 years. In addition, I

have served on the Macomb County Board of Commissioners and the Chippewa Valley School

Board. Prior to my public positions. I was active in the private sectors a developer and builder

in Macomb County. That broad base of experience has given me special insights into the

recreational needs of Macomb County. I understand what the residents of Macomb County

desire in terms of recreational resources and I have the background to do a good job of

representing their interest on the HCMA Board.

1hereby apply for appointment to Huron Clinton Metro Authority Board and do swear or affirm Board or Commission

that (1) if appointed, 1will comply with all statutory and other requirements and obligations of

my appointment; (2) if I cease to comply with such requirements, I automatically forfeit said

appointed position; (3) I hold no position or appointment which is a conflict of interest with the

appointed position applied for; and (4) to the best of my knowledge and belief, I possess the

requisite qualifications for the o:~~/~

N.m.(pi~t~)OV1y MarrD (( 0

Subscribed .CB to before me this ---l.O..-dayof ,20Jl.

onI'\CL oJ'\..e.l li I Michigan

My commission eXPires:~

Note: Applicants may - but it is not required - attach additional information pertaining to this Application for Appointment if attachments do not exceed the maximum for each item listed below:

• Resume - up to one page • Letter of Reference - up to two pages • Letter of Intent - up to one page

The folfowing is for Board Office use only:

Overseeing Committee: ~_- _

Chair Review for Compliance: -...",===:;0;;;;;:;;;;----­(Commisaioner Sign·off)

(revised 02/09 pdJ

4