BOARD OF COMMISSIONERS 1 S. Main St., 9 th Floor Mount Clemens, Michigan FAX macombcountymi.gov/boardofcommissioners

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1 BOARD OF COMMISSIONERS 1 S. Main St., 9 th Floor Mount Clemens, Michigan FAX macombcountymi.gov/boardofcommissioners FINANCE COMMITTEE WEDNESDAY, MAY 16, 2012 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Adoption of Agenda 4. Approval of Minutes dated April 11, 2012 (previously distributed) 5. Public Participation (five minutes maximum per speaker, or longer at the discretion of the Chairperson related only to issues contained on the agenda) 6. Recommendation from Health & Human Services Committee Meeting: a) Approve Increase in Senior Citizen Services General Fund Budget (page 1) (mailed) (removed from agenda pending additional information to be provided) 7. Item Waived by Justice & Public Safety Committee Chair: a) Approve Renewal of Macomb Auto Theft Squad Grant/Prosecutor s (mailed) Office (page 13) 8. Budget Request from Ethics Board (page 25) (mailed) 9. Report by Human Resources Dept. Director Re: Military Service Purchases (page 26) (mailed) 10. Report by Corporation Counsel on Litigation Re: Hillside Productions 11. New Business 12. Public Participation (five minutes maximum per speaker or longer at the discretion of the Chairperson) 13. Adjournment MEMBERS: Brown-Chair, Miller-Vice-Chair, Carabelli, DiMaria, Flynn, Fraschetti, Gralewski, Moceri, Sabatini, Sauger, Smith, Tocco and Vosburg. MACOMB COUNTY BOARD OF COMMISSIONERS Kathy D. Vosburg District 8 Chair Marvin E. Sauger District 2 Vice Chair Fred Miller District 9 Sergeant-At-Arms Toni Moceri District 1 Phillip A DiMaria- District 3 David Flynn - District 4 Ray Gralewski- District 5 James L. Carabelli - District 6 Don Brown- District 7 Roland Fraschetti- District 10 Kathy Tocco- District 11 Bob Smith- District 12 Joe Sabatini- District 13

2 1 RESOLUTION NO. MEETING DATE: AGENDA ITEM: MACOMB COUNTY, MICHIGAN RESOLUTION TO: Approve an increase in Senior Citizen Services general fund budget for $29, in special needs funds which have been received throughout previous years through fundraising efforts, per attached document. The requested funds are currently in the fund balance. *(see below) *Further, this budget action addresses budgetary issues only. It does not constitute the Commission s approval of any County contract. If a contract requires Commission approval under the County s Contracting Policy or the County s Procurement Ordinance, such approval must be sought separately. FORWARD TO THE FINANCE COMMITTEE. INTRODUCED BY: Commissioner Toni Moceri, Chair, Health & Human Services Committee COMMITTEE / MEETING DATE Health & Human Services (special meeting)

3 SENIOR CITIZEN SERVICES Dunham Road, Suite 6 Clinton Township, Michigan Phone: (586) Fax: (586) Rhonda M. Powell Director 2 MEMORANDUM TO: Mark Deldin, Deputy pc: Steve Gold, Director Macomb County Executive Dept. of H&CS FROM: Rhonda M. Powell, Director Senior Citizen Services DATE: February 13, 2012 RE: 2012 Budget Amendment The Department of Senior Citizen Services is requesting an increase in the general fund budget of $29, for Special Needs funds raised throughout previous years. The funds requested were generated by hosting various departmental fundraisers such as rummage sales, jewelry sales, etc. Historically the special needs fund has served to offset program expenses which would otherwise prevent certain community events/outreaches or place an undue burden on seniors. It is with the intent of continuing to offer programs at no cost to aging populations while increasing our reach into communities that the special needs fund was established. Execution of this request will ensure continuation of the 2012 calendar of events, programs and services which benefit Macomb County seniors. Thank you for your attention to this matter and please contact me at if additional information is needed. /rmp

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14 13 RESOLUTION NO. FULL BOARD MEETING DATE: AGENDAITEM: MACOMB COUNTY, MICHIGAN RESOLUTION TO: CONCUR IN THE REQUEST OF THE PROSECUTOR'S OFFICE AND APPROVE THE RENEWAL OF THE MACOMB AUTO THEFT SQUAD GRANT FOR ; REQUIRING A COUNTY MATCH OF $70,002.50; AND FORWARD TO THE FINANCE COMMITTEE AND THE BOARD FOR CONSIDERATION. INTRODUCED BY: PHIL DIMARIA, CHAIRMAN, JUSTICE & PUBLIC SAFETY COMMITTEE COMMITTEE/MEETING DATE JUSTICE & PUBLIC SAFETY COMMITTEE MAY 15, 2012

15 14 ERIC J. SMITH MACOMB COUNTY PROSECUTING ATTORNEY April 17,2012 Commissioner Phil Dimaria, Chairman Justice & Public Safety Committee One South Main St. Mount Clemens, Michigan Dear Commissioner Dimaria: The Macomb County Prosecuting Attorney's Office is requesting permission to submit an application for the funding of an "Auto Theft Prosecution Project" for the calendar year. The application process is being administered by the Automobile Theft Prevention Authority whose funding comes from a one-dollar fee levied against each automobile insurance policy issued in the state. Legislation has mandated that this levy is to be used to combat auto theft in the State of Michigan. Since November 1987, the Macomb County Prosecutor's Office has received funding from the Automobile Theft Prevention for an Auto Theft Prosecution Unit. This unit consists of an Assistant Prosecuting Attorney whose sole responsibility is the prosecution of individuals involved in serious auto theft and related activity. During this past year, the Auto Theft Unit working with police task forces has identified and prosecuted individuals involved in major auto theft and fencing operations in the county, as well as internet crimes. The success ofthese A.T.P.A. funded programs is demonstrated by the auto theft rate for Macomb County, which has declined in excess of 55% since the inception of these programs in ONE SOUTH :\IAIN S'I'Rl<;}';T ;\10lTN'l' CLEMENS, MICHIGAN TELEPHONE: (51'10) '1f1\)-5350 FACSIMILE: (51'16)

16 15 Justice & Public Safety Committee April 17,2012 Page Two The proposed budget for the project is: Principal Trial Lawyer salary and wages $99, Fringe Benefits $40, Total $140, The project requires a county match of$70, representing 50% of the projected budget. The grant application is due June 1,2013. Following your consideration of this matter, please forward the matter to the Finance Committee and the Board for their consideration. The application and accompanying materials have been included for your consideration. Eric J. S Prosecuting Attorney Macomb County, Michigan EJS:mc Enclosures

17 EX-031 (03/2012) MICHIGAN STATE POLICE Automobile Theft Prevention Authority Page 6 of 13 ATPA GRANT APPLICATION AUTHORITY: 1992 PA 174; 16 COMPLIANCE: Voluntary. but a grant will not be approved unless the complete application is submitted Submit three original copies of the signed application, and all required documentation via the U.S. Postal Service to: Return To: Automobile Theft Prevention Authority 333 S. Grand Ave., P.O. Box 3064 Lansing, Michigan Phone: (517) FORATPA USE ONLY Project I Grant Number: I. Applicant Information I Read instructions first before completing ATPA Grant Application form. Type or clearly print answers to all fields and. attach extra pa es as additional space is needed. 1. Name of Applicant Organization I Macomb County Prosecutor'S Office 3. Mailing Address lone South Main., Mount Clemens., Michigan FederallD Number i 4. Name of Government Unit (If applicable) Auto Theft Prosecution Unit 6. Address One South Main., Mount Clemens., Michigan Type of Government Unit o State 0 City 181 County 0 Other:! 7. Project Title Auto Theft Prevention Authority 10. Project Area (CitylT ownship/county) Macomb County 8. Beginning Date of Grant October 1, 2012 I 9. Ending Date of Grant September 30, All Agencies Participating in the Project (If cooperative effort) N/A The undersigned understand and agree that a grant received as a result of this application is subject to 1992 PA 174, the policies of the Automobile Theft Prevention Authority, and the grant conditions as outlined on pages 2 through 4. We certify that all i~ r~n provided~true and accurate. 12.a. Typed Name and Title of Grant Official- PROJECT DIRECTOR : Eric J. Smith, Prosecuting Attorney b. Signature L'J/~ c. Business Address ) ~ One South Main I i d. City Mount Clemens e. State Michigan f. Zip Code g. address I h. Fax ( 586) i. Telephone Number ( 586 ) j. Date Signed

18 EX-031 (03/2012) MICHIGAN STATE POLICE Automobile Theft Prevention Authority Page 7 of a. Typed Name and Title of Grant Official- PROJECT CONTACT Michael Macherzak, Chief of Auto Theft c. Business Address One South Main d. City e. State f. Zip Code Mount Clemens Michigan g. address h. Fax (586) a. Typed Name and Title of Grant Official- FINANCIAL CONTACT i. Telephone Number j. Date Signed ( 586 ) b. Signatur~,l/. GiGi Butler, Finance/Accounting CJ--J-.ki1 c. Business Address I /' 10 North Main d. City e. State f. Zip Code Mount Clemens Michigan g. address h. Fax i. Telephone Number j. Date Signed ( 586 ) ( 586 ) Description of Project (Briefly describe the problems and the procedures to be implemented) The Macomb County Prosecutor's Office is proposing the continuation of funding for an Assistant Prosecuting Attorney whose sole responsibility would be the prosecution ofserious auto theft related crimes. This individual would vertically prosecute offenders from providing legal advice during the initial investigation, warrant authorization, preliminary examination, circuit court arraignment and pre-trial, motion, trial or plea, and sentencing. The Assistant Prosecutor will represent law enforcement agencies in civil forfeiture actions against those involved in the operation of a chop shop. This individual would act as a legal advisor to the Macomb Auto Theft Squad (M.A.T.S.), Michigan State Auto Theft Unit and local law enforcement agencies on such matters as search warrants, the development of proofs in complicated conspiracy and insurance fraud cases, and seizure of property under current forfeiture law. The auto theft prosecutor is available to all law enforcement agencies on a 24-hour basis via cell phone. This individual will be available to meet with MATS. personnel as needed. Currently insurance fraud and the fraudulent purchase of high end vehicles are two areas ofconcern in Macomb County. Insurance fraud cases have increased by nearly 100% since The Macomb County Prosecutor's Office will continue to vigorously prosecute these cases and make the public aware of the ramifications offiling false claims or using false insurance certificates. These cases by their very nature are legally and factually complex and require the attention of a prosecutor who is solely dedicated to prosecuting auto theft crimes. Since 2008 we have seen an increase in the number offraudulent purchases and fraudulent leasing of high-end vehicles. Vehicles are purchased using stolen identities, by giving false information on credit applications and by enlisting unwitting individuals with good credit to buy the vehicles. Typically, thieves "wash" the titles by fraudulently removing the leinholder and then obtain what appears to be a clean title. These vehicles are them sold to unsuspecting victims who are unaware of the existence of a leinholder. We are seeing many variations of this type ofcrime and as vehicles become more difficult to steal thanks to anti-theft systems, we will continue to see an up-tick in vehicles obtained by fraud. These cases are usually quite complex and require full time auto theft investigators and prosecutors. The Macomb County Prosecutors Office will continue to be vigilant in prosecuting these cases. I i

19 EX-031 (03/2012) MICHIGAN STATE POLICE Automobile Theft Prevention Authority Page B of MEASURABLE OBJECTIVES (Use ATPA-suggested objectives or present unique goals for your project and discuss your priorities during orientation meeting) 1) Provide full time access to the judicial system for ATPA funded auto theft units in your area and provide them a regular opportunity to informally discuss cases and legal issues. 2) Vertically prosecute all selected auto theft related cases. 3) Maintain a policy of only plea-bargaining when absolutely necessary. 4) Achieve an overall conviction rate of 80%. 5) Achieve a trial conviction rate of 70%. 6) Strive for maximum sentence lengths for defendants. 7) Maintain reliable financial and performance records for the project. 17. EVALUATION CRITERIA (Use ATPA-suggested criteria or offer new criteria to measure the success of your project's unique objectives) CASE INTAKE 1) Number of cases initiated. 2) Number of preliminary exams held. 3) Number of preliminary exams waived. DISPOSITIONS 4) Number of cases disposed of at pre-trial. 5) Number of defendant's who pled guilty to original charge. 6) Number of defendant's who pled guilty to a lesser included charge. 7) Number of plea bargain dismissals. 8) Number of other dismissals. 9) Number of cases disposed by trial ijudge/jury). 10) Number of defendant's convicted on original charge. 11) Number of defendant's convicted on reduced charge. 12) Number of defendant's incarcerated. 13) Number of defendant's fine/placed on probation. 14) Amount of restitution. 15)Number of defendant's convicted of insurance fraud. 16) Number of meetings with ATPA funded units.

20 EX-031 ( ) MICHIGAN STATE POLICE Automobile Theft Prevention Authority Page 9 of 13 GRANT SUMMARY OF PERSONNEL BUDGET INFORMATION 19 In the space provided below input a summary of each supporting employee. A. Sworn Employees Name of Governmental Grant Project Total Salary /Wage Name Title 'Position Unit Title 'Fringes I 1 Michael Macherzak Trial Lawyer Prosecutor's Office-Macomb ATPA $140, i I TOTAL SWORN EMPLOYEES (Carry to Page 10 A) $140, B. Other Employees Total Salary Name of Grantee Grant Project /Wage Name Title 'Position Organization Title IFringes TOTAL OTHER EMPLOYEES (Carry to Page 10 B) * Supply further budget detail as illustrated and outlined in SAMPLE Attachments 1, 2 and 3

21 EX-031 (03/2012) MICHIGAN STATE POLICE Automobile Theft Prevention Authority Page 10 of Total Grant Budget Information A. TOTAL COST FOR SWORN EMPLOYEES (Attach detailed listing of costs-see attached sample documentation) $140, B. TOTAL COST FOR OTHER EMPLOYEES (See attached sample documentation) C. TOTAL COST FOR VEHICLES (See attached sample documentation) D. TOTAL COST FOR OFFICE OPERATIONS (See attached sample documentation) E. TOTAL COST FOR FIELD OPERATIONS (See attached sample documentation) F. TOTAL COST FOR OTHER EXPENSES (See attached sample documentation) TOTAL BUDGET $140, ATPA SHARE 50% $70, *NON-ATPA SHARE 50% $70, *NONPROFIT/NEIGHBORHOOD ORGANIZATIONS (501(c)(3)) AGENCIES - NO MATCHING FUNDS REQUIRED...

22 21 MACOMB COUNTY PROSECUTING ATTORNEY-AUTO THEFT PROSECUTION October September 2012 vs October September 2013 PERSONNEL-ONE POSITION 2011/2012 BUDGET 2012/2013 BUDGET CHANGE INCREASE PRINCIPAL TRAIL LAWYER 99,508 99,508 FRINGE BENEFITS 43,926 40,497 (3,429) TOTAL 143, ,005 (3,429) SOURCE OF FUNDING: STATE OF MICHIGAN 65,547 47% 66,702 48% 1,155 MACOMB COUNTY 77,887 73,303 (4,584) TOTAL 143, ,005 (3,429}

23 22 Asst Pros. Atty. IV-Principal Trial Lawyer 2012/2013 Wages 99,508 Total Wages 99,508 FICA Retirement Workers Comp Disability Hospitalization Dental Compensated Absences Life/AD & D 7,613 10, , Fringes (allowable) Total Wages & Fringes 33, ,405 ATPA 66,702 Grantee Share 66,703 Non-allowable Fringes Retiree Medical Longevity & fringe 6,600 6,600 Total Wages &Fringes 140,005

24 23 ATPA GRANT APPLICATION PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY BUDGET DETAIL SWORN EMPLOYEES SALARIE &WAGES Principal Trial Lawyer....99,508 Employee Benefits...40,497 TOTAL SWORN EMPLOyEES...140,005 OTHER EMPLOYEES Salaries &Wages:...N/A VEHICLE USAGE Vehicle Lease/Purchase...0 TOTAL VEHiCLE...0 FIELD OPERATIONS Investigative Supplies...0 Pager Rental TOTAL FIELD OPERATIONS... 0 OFFICE OPERATIONS Phone Usage... O Supplies...0 TOTAL OFFICE OPERATIONS... 0 GRAND TOTAL...140,005

25 I : 24 ARMAPA TOWNSHIP ARMAPAVI~ RICHMOND TOWNSHIP.. 22M1. WASHIN<rroN TOWNSHIP flay TOWNSHIP 1.EHOX TOWNSHIP -:..... SHELBY l'ownship 2G MACOMB TOWNSHIP NEW CHESTERAELD TOWNSHIP.. ~:..".... : NT. CU:MEI'fS STERUffG HEIGHTS ajnton' TOWNSHIP I I : : WA.RREN ~~ ULJ ROSEVIu.E I ~ ~ t ~ 5

26 25 RESOLUTION NO. MEETING DATE: AGENDA ITEM: MACOMB COUNTY, MICHIGAN RESOLUTION TO: Approve budget for the Ethics Board in the amount of $60,000. Funding is available in the General Fund contingency account. INTRODUCED BY: Don Brown, Chair, Finance Committee Background: The five member Ethics Board was approved by the Board of Commissioners in March Section 2.5 of the County Charter requires the Ethics Board to develop rules of procedure and submit said rules to the Board of Commissioners for approval within 180 days of being formed. Section 2.10 requires the County to provide an annual appropriation to fund the operations of the Ethics Board. Members of the Ethics Board have met with the Finance Director and members of his staff and have requested a budget of $60,000 for $10,000 for Supplies and Services and $50,000 for Contractual Services. The funds allocated to Supplies and Services will be utilized for items such as office supplies, phones and printing and reproduction of educational and training materials. Funds allocated to Contractual Services will be utilized for the development of training and educational materials as well as outside legal counsel to assist in developing the rules of procedure as required by Section of the County Charter. Mr. Donald Amboyer, Chair of the Ethics Board, will be in attendance at the meeting to address questions from the Board. COMMITTEE MEETING DATE Finance

27 26 RESOLUTION NO. FULL BOARD MEETING DATE: AGENDA ITEM: MACOMB COUNTY, MICHIGAN RESOLUTION TO receive and file the May 8, 2012 correspondence from the Director of the Human Resources Department regarding military service purchases INTRODUCED BY: Don Brown, Chair, Finance Committee COMMITTEE/MEETING DATE Finance

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