HomeMy WebLinkAboutMinutes - 2001.06.14 - 7125323
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
June 14, 2001
Meeting called to order by Vice-Chairperson Fran Amos at 10:30 a.m. in
the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford,
Dingeldey, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Webster. (21)
ABSENT: Coleman, Douglas, McPherson, Millard. (with notice) (4)
Quorum present.
Invocation given by Shelley G. Taub.
Pledge of Allegiance to the Flag.
Moved by Causey-Mitchell supported by Moffitt the minutes of the May 24,
2001 Board Meeting be approved.
A sufficient majority having voted therefor, the minutes were approved
as printed.
Moved by Sever supported by Palmer the rules be suspended and the agenda
be amended, as follows:
Remove Finance, item b. from Agenda.
ITEMS ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
h. Drain Commissioner – Interlocal Agreement for Operations and
Maintenance – Lyon Township Sewage Disposal System
(Reason for suspension for Planning and Building Committee, item h: Waiver of
Rule XII.C.1. – Direct Referral to Finance Committee)
ITEMS NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
e. Department of Human Services/Coordinating Council – Fiscal Year
2000 – 2001 Child Protection/Community Partners Grant Application/Acceptance
(Reason for suspension for General Government Committee, item e: Waiver of
Rule III – Committee meetings held immediately prior to today’s Board
meeting).
Commissioners Minutes Continued. June 14, 2001
324
f. Department of Human Services/Coordinating Council – Fiscal Year
2000 – 2001 Strong Families/Safe Children Grant Application/Acceptance
(Reason for suspension for General Government Committee, item f: Waiver of
Rule III – Committee meetings held immediately prior to today’s Board
meeting).
Vote on agenda, as amended:
AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford,
Dingeldey, Galloway, Garfield, Gregory, Melton, Moffitt, Moss, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Webster. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Commissioner Sever addressed the Board.
Commissioners Brenda Causey-Mitchell, Tim Melton, Fran Amos and Nancy
Dingeldey presented Destene Shack, a Pontiac Central High School graduate, a
proclamation for her accomplishments in track, the honor roll and having
perfect attendance.
The Vice-Chairperson made the following statement, “A Public Hearing is
now called for the Cranbrook Educational Community Project, City of Bloomfield
Hills. Are there any persons present who wish to speak?” No persons
requested to speak and the Vice-Chairperson declared the Public Hearing
closed.
The Vice-Chairperson made the following statement, “A Public Hearing is
now called for the Rochester College Project, City of Rochester Hills. Are
there any persons present who wish to speak?” No persons requested to speak
and the Vice-Chairperson declared the Public Hearing closed.
Moved by Palmer supported by Moss the resolutions on the Consent Agenda
as amended be adopted (with accompanying reports being accepted and
appointments being confirmed). (The vote on this motion appears on page 335.)
The resolutions on the Consent Agenda follow (annotated by an asterisk [*]):
*FISCAL REPORT (MISC. #01152)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN CHARTER
TOWNSHIP OF ORION – FISCAL YEAR 2000 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports as follows:
1. $118,292.80 is available in the Environmental Infrastructure Fund
for Fiscal Year 2000, to reimburse Orion Township for this
project; no additional appropriation is required.
2. The Committee recommends adoption of the resolution.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01152
BY: Commissioner Lawrence Obrecht, District #3
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE
CHARTER TOWNSHIP OF ORION – FISCAL YEAR 2000 ALLOCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established an
Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous
Resolution #99093 in an effort to increase the share of dollars flowing into
Commissioners Minutes Continued. June 14, 2001
325
infrastructure projects for the County and its cities, villages and townships
(CVTs); and
WHEREAS pursuant to the Disbursement Policy, Orion Township has
submitted a resolution of authorization to the County for reimbursement of
expenses incurred in connection with an eligible environment remediation of
improvement project; and
WHEREAS Orion Township is requesting reimbursement for work related to
site work for water and sewer installations at two locations in the township;
and
WHEREAS the Fiscal Year 2000 authorized amount of funding for Orion
Township is $118,292.80 from the Environmental Infrastructure Fund as
repayment to Orion Township for expenses incurred in connection with
environmental remediation or improvement projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the projects submitted by Orion Township as eligible
for reimbursement from the Environmental Infrastructure Fund.
BE IT FURTHER RESOLVED that the Board authorizes a Fiscal Year 2000
appropriation in the amount of $118,292.80 from the Environmental
Infrastructure Fund (Account #90-263218-41000-3985) to repay Orion Township
for expenses incurred in connection with environmental remediation or
improvement projects, once proper invoices are presented.
Chairperson, I move the adoption of the foregoing resolution.
LAWRENCE OBRECHT
Copy of Charter Township of Orion Infrastructure Fund Reimbursement
Attachment A, B and C on file in County Clerk’s office.
(The vote for this motion appears on page 335.)
*FISCAL REPORT (MISC. #01148)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports that because the full faith and credit of the County is NOT being
pledged to support this issue, there are no financial implications to the
County.
Chairperson, on behalf of the Finance Committee, I move acceptance of
the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01148
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of County Road Commissioners of the County of Oakland,
Michigan (the “Issuer”) intends to authorize the issuance and sale of its ten-
year Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of
Michigan, 1943, as amended (“Act 143”) in an amount not to exceed Eleven
Million Nine Hundred Fifty Thousand Dollars ($11,950,000) (the “Notes”) in
anticipation of, and for the payment which shall be pledged, future revenues
derived from state collected taxes returned to the County of Oakland (the
“County”) for County road purposes pursuant to law, for the purpose of
defraying part of the cost of improvement of county highways and general
county road purposes all as more particularly described on Exhibit A attached
hereto and made part hereof and such other or different projects as the Issuer
may identify at the time the Notes are authorized to be issued; and
WHEREAS pursuant to Section 1 of Act 143, the Oakland County Board of
Commissioners must approve issuance of the Notes by the Issuer before the
Notes may be authorized by the Issuer; and
WHEREAS the Issuer, by resolution, has previously requested the
authorization of the Oakland County Board of Commissioners to issue the Notes;
and
Commissioners Minutes Continued. June 14, 2001
326
WHEREAS prior to issuance of the Notes the Issuer must either receive
prior approval of the Notes from the Department of Treasury (the “Department”)
of the State of Michigan (the “State”) or be exempt from prior approval as
provided in Section 1(2) of Act 143, and Chapter III, Section 11 of Act 202,
Public Acts of Michigan, 1943, as amended; and
WHEREAS in order to be exempt from prior approval, the Issuer must
notify the Department of the Issuer’s intent to issue the Notes.
NOW THEREFORE BE IT RESOLVED that:
1. The Board of County Road Commissioners of the County of Oakland
be, and is, hereby authorized to borrow and issue its Notes therefore, in the
principal amount of not to exceed $11,950,000 to provide funds for the
purposes described in the preamble to this resolution, all pursuant to Act
143. The interest rate on the Notes shall not exceed the maximum rate of
interest permitted by law at the time of sale and there shall be pledged for
the payment of such Notes future revenues derived from State collected taxes
returned to the County for County road purposes. The full faith and credit of
the County shall not be pledged for the payment of such notes.
2. The County Treasurer is hereby authorized to execute any and all
agreements, certificates and documents necessary to effectuate issuance of the
Notes.
3. The Treasurer is hereby authorized and directed to set aside in a
separate fund from the State collected taxes returned to the County for County
road purposes pursuant to law which have not been theretofore specifically
allocated for other purposes in each year an amount sufficient for the payment
of the principal of and interest on the Notes as the same becomes due.
4. The County Treasurer is hereby authorized, to the extent
authorized by law, to take all actions within the Treasurer’s control
necessary to maintain the exemption of the interest on the Notes from general
federal income taxation (as opposed to alternative minimum or other indirect
taxation) under the Internal Revenue Code of 1986, as amended, including but
not limited to, actions relating to the rebate of arbitrage earnings, if
applicable, and the expenditure and investment of note proceeds and monies
deemed to be note proceeds.
5. All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are rescinded.
Chairperson, on behalf of the General Government Committee, I move
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Exhibit A, Proposed 2001 Road Improvement Program on file in
County Clerk’s office.
(The vote for this motion appears on page 335.)
*MISCELLANEOUS RESOLUTION #01154
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (ROCHESTER COLLEGE PROJECT) - CITY OF ROCHESTER HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that the Board of Commissioners approve the Project
Plan required by the Economic Development Corporations Act (the "Act") for the
captioned Project, a copy of which has been presented to this meeting (the
"Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were
based upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of
the requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Rochester Hills, Oakland
County, Michigan, has also approved the Project Plan and given its consent to
the exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the
Act; and
Commissioners Minutes Continued. June 14, 2001
327
WHEREAS the Board of Commissioners, following such public hearing and its
review of the Project Plan, concurs in the determinations of the EDC with
respect thereto.
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined
to constitute a public purpose as contemplated by the Act and is hereby
approved.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such
steps as are necessary to implement the Project and the financing thereof by
the issuance of its limited obligation revenue bonds as contemplated by the
Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of the Economic Development Corporation of the County of Oakland,
Rochester College Project, Project Plan on file in the County Clerk’s office.
(The vote for this motion appears on page 335.)
*MISCELLANEOUS RESOLUTION #01155
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF
BLOOMFIELD HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that the Board of Commissioners approve the Project
Plan required by the Economic Development Corporations Act (the "Act") for the
captioned Project, a copy of which has been presented to this meeting (the
"Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were
based upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of
the requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Bloomfield Hills, Oakland
County, Michigan, has also approved the Project Plan and given its consent to
the exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the
Act; and
WHEREAS the Board of Commissioners, following such public hearing and its
review of the Project Plan, concurs in the determinations of the EDC with
respect thereto.
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined
to constitute a public purpose as contemplated by the Act and is hereby
approved.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such
steps as are necessary to implement the Project and the financing thereof by
the issuance of its limited obligation revenue bonds as contemplated by the
Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of the Economic Development Corporation of the County of Oakland,
Cranbrook Educational Community Project, Project Plan on file in County Clerk’s
office.
(The vote for this motion appears on page 335.)
Commissioners Minutes Continued. June 14, 2001
328
*MISCELLANEOUS RESOLUTION #01156
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (MIDWEST GLASS FABRICATORS,
INC. PROJECT) - HIGHLAND TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize the
County's economy and to encourage the location and expansion of such
enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit
of such a project (Midwest Glass Fabricators, Inc. Project) and has designated
to this Board of Commissioners a Project Area and Project District Area for its
approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the
EDC to this Board is hereby certified as approved.
BE IT FURTHER RESOLVED that it having been determined that the territory
surrounding said designated Project Area will not be significantly affected by
the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same description
as and boundaries coterminous with the Project Area herein certified as
approved be hereby established.
BE IT FURTHER RESOLVED that it having been determined that there are less
than eighteen residents, real property owners, or representatives of
establishments located within the Project District Area, a Project Citizens
District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Secretary of the Board
of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Midwest Glass Fabricators, Inc. Highland Township EDC No. 01-10
on file in County Clerk’s Office.
(The vote for this motion appears on page 335.)
*MISCELLANEOUS RESOLUTION #01157
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (MIDWEST GLASS FABRICATORS,
INC. PROJECT) - HIGHLAND TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of The Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(Midwest Glass Fabricators, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended
(the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County
Executive of the County of Oakland of two additional directors to the Board of
Commissioners Minutes Continued. June 14, 2001
329
said Economic Development Corporation in connection with said Project, in
accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of Ron Colasanti and
Keith Mecklenborg, who are representatives of neighborhood residents and
business interests likely to be affected by said Project, to the Board of
Directors of The Economic Development Corporation of the County of Oakland are
hereby confirmed in accordance with Section 4(2) of the Act, and such
additional Directors shall cease to serve when the Project is either abandoned
or, if undertaken, is completed in accordance with the Project Plan therefore.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of such
conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 335.)
*MISCELLANEOUS RESOLUTION #01158
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF EXCHANGE OF LAND AND
GRANT OF EASEMENT TO THE CITY OF PONTIAC I.E., APPROXIMATELY 6.2 ACRES OF
OAKLAND COUNTY LAND ADJACENT TO THE SOUTH PROPERTY LINE OF THE OAKLAND COUNTY
SERVICE CENTER COMPLEX, LOCATED IN THE CITY OF PONTIAC, KNOWN AS PARCEL NO. 14-
19-351-009 (PART)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution No. 00271, the County of
Oakland purchased the north 87.93 acres of the former Clinton Valley Center
property from the State of Michigan; and
WHEREAS pursuant to Miscellaneous Resolution No. 01088, the County of
Oakland stated its support of the City of Pontiac's interest in purchasing the
south 216.02 acres of the former Clinton Valley Center property from the State
of Michigan; and
WHEREAS the City of Pontiac has requested that the County of Oakland
exchange lands of approximately 6.2 acres in size for the purpose of maximizing
its development of a technology park over the northerly approximately 86 acres
of the former Clinton Valley Center property; and
WHEREAS said Oakland County owned land to be exchanged is described in
the attached Exhibit A; and
WHEREAS the County of Oakland, the City of Pontiac and the State of
Michigan are working cooperatively to assure that the City of Pontiac proceeds
to acquire the south 216.02 acres of the former Clinton Valley Center for the
purpose of developing a residential community and a technology park over said
property; and
WHEREAS all requested documentation will be prepared and/or subject to
the approval of the Oakland County Corporation Counsel and the Department of
Facilities Management.
NOW THEREFORE BE IT RESOLVED that subject to and conditioned upon the
City of Pontiac acquiring the said south 216.02 acres of the former Clinton
Valley Center property from the State of Michigan, the County of Oakland hereby
agrees to, upon closing of said acquisition by the City of Pontiac to exchange
via quit claim, approximately 6.2 acres of land as described in the attached
Exhibit A with the City of Pontiac adjacent to the south property line of the
Oakland County Service Center Complex to the City of Pontiac.
BE IT FURTHER RESOLVED in return for approval of the proposed land
exchange of approximately 6.2 acres with the City of Pontiac adjacent to the
south property line of the Oakland County Service Center, the City of Pontiac
will provide the County of Oakland access to sanitary sewer, city water,
natural gas and storm drainage to benefit future development of the south
Oakland County Service Center Complex.
Commissioners Minutes Continued. June 14, 2001
330
BE IT FURTHER RESOLVED said land exchange of approximately 6.2 acres will
require rezoning by the City of Pontiac to match the existing GOT zoning of the
County Service Center Complex and the existing MUD zoning of the south 216.02
acres of the former Clinton Valley Center property.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners hereby
directs its chairperson or its designee to execute all necessary documents to
accomplish a land exchange of approximately 6.2 acres with the City of Pontiac
subject to the City of Pontiac completing the purchase of the south 216.02
acres of the former Clinton Valley Center property from the State of Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A on file in County Clerk’s office.
(The vote for this motion appears on page 335.)
*REPORT (MISC. #01150)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: CENTRAL SERVICES/SUPPORT SERVICES/RECORD RETENTION – CONTINUATION OF
FUNDING FOR SIX (6) PTNE 1,000 HR/YR GENERAL HELPER POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on June 6, 2001, recommends the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #01150
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: CENTRAL SERVICES/SUPPORT SERVICES/RECORD RETENTION-CONTINUATION OF
FUNDING FOR SIX (6) PTNE 1,000 HR/YR GENERAL HELPER POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Record Retention requests the continued funding of six (6) PTNE
1,000 hr/yr, GF/GP General Helper positions from 8/10/2001 through 8/10/2002
to pull criminal and civil records for microfilming; and
WHEREAS in an effort to create more record storage space, Oakland County
sought an adjustment in its retention period from the State Archives for
general criminal and civil records; and
WHEREAS previous practice was to retain records for 30 years, however,
state guidelines allow for filming of paper copies at six years after last
activity; and
WHEREAS the new retention guidelines established have resulted in more
files qualifying for destruction than originally anticipated; and
WHEREAS as of 4/16/01 the General Helpers have pulled 98,136 files, and
have 232,679 files to pull; and
WHEREAS it is a goal of the Record Retention Study Committee to free up
enough storage space to accommodate five (5) years of growth.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the continued funding of six (6) PTNE 1,000 hour/year,
GF/GP General Helper positions through 8/10/2002, in the Record Retention
Unit, of the Support Services Division.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #01150)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: CENTRAL SERVICES/SUPPORT SERVICES/RECORD RETENTION-CONTINUATION OF
FUNDING FOR SIX (6) PTNE 1,000 HR/YR GENERAL HELPER POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee, has
reviewed the above referenced resolution, and finds:
Commissioners Minutes Continued. June 14, 2001
331
1. Miscellaneous Resolution #00185, authorized the creation of six
(6) part time non-eligible (PTNE) 1,000 hour General Fund/General Purpose
(GF/GP) General Helper positions funded through August 10, 2001, in Central
Services/Support Services/Record Retention in order to speed up the
microfilming of records, allowing for more storage space.
2. This resolution allows the continuation of funding for the six (6)
PTNE 1,000 hr/yr, GF/GP General Helper positions through August 10, 2002, to
continue to pull criminal and civil records for microfilming.
3. The following amendment to the Fiscal Year 2001 Budget is
recommended:
Remainder of Fiscal Year 2001
(8/10/01 – 9/21/01)
Central Services Support Services Record Retention
90-101-290000-25000-2564 Contingency $ (7,201)
13-101-138203-00010-2001 Salaries 6,558
13-101-138203-00010-2075 Fringe Benefits 643
-0-
4. The cost for Fiscal Year 2002 will be built into the Fiscal Year
2002 and Fiscal Year 2003 County Executive’s Recommended budget.
FINANCE COMMITTEE
(The vote for this motion appears on page 335.)
*MISCELLANEOUS RESOLUTION #01151
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF DEPARTMENT – NARCOTICS ENFORCEMENT TEAM (NET) ADDITIONAL
VEHICLE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #00307 on December 14, 2000 authorizing the Narcotics Enforcement
Team (NET) to operate under the direction of the Sheriff; and
WHEREAS on February 1, 2001 the Oakland County Board of Commissioners
adopted Miscellaneous Resolution #01024 authorizing the Interlocal agreement;
and
WHEREAS City of Lathrup Village Police Department will be sending an
officer to work in the NET Unit and will require one (1) additional vehicle;
and
WHEREAS the Sheriff and the NET Advisory Board hereby requests the
addition of one (1) vehicle and radios for the purposes of Narcotics
Enforcement; and
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to
distribute property and funds forfeited through narcotic seizures to
participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the Sheriff and the NET Advisory Board is requesting that a
portion of these funds be used to pay for the capital costs and operating
expenses for this vehicle; and
WHEREAS the capital costs (present value) for these vehicles will be
returned to the NET forfeiture funds in the event that the Oakland County
Narcotics Enforcement Team should dissolve; and
WHEREAS this equipment will be used by the Oakland County Narcotics
Enforcement Team to enhance law enforcement efforts in compliance with state
law; and
WHEREAS the estimated capital costs are $22,000 and the estimated
operating expenses would be $11,000 per year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the addition of one (1) vehicle with mobile radio be
added to the County Fleet.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the use of forfeiture funds for the capital and leased costs for
vehicles and radios.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. June 14, 2001
332
FISCAL NOTE (MISC. #01151)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF DEPARTMENT–NARCOTICS ENFORCEMENT TEAM (NET) ADDITIONAL VEHICLE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above named Miscellaneous Resolution and finds:
1. The Oakland County Board of Commissioners, pursuant to
Miscellaneous Resolution #00307 and Miscellaneous Resolution #01024,
authorized the Narcotics Enforcement Team (NET) to operate under the direction
of the Sheriff and to sign the Interlocal agreement.
2. The City of Lathrup Village Police Department will be sending an
officer to work in the NET Unit requiring the addition of one (1) vehicle with
radios to the County Fleet.
3. The Sheriff and the NET Advisory Board requested a portion of
funds forfeited through narcotic seizures, being held in General Ledger
Account 023301 10000 2203 60053, be used to pay for the one-time estimated
capital costs of $33,000 for vehicles and radios, and estimated operating
expenses of $11,000 per year. Capital costs (present value) for these vehicles
will be returned to the NET forfeiture funds in the event that the Oakland
County Narcotics Enforcement Team should dissolve.
4. The Fiscal Year 2001 and Fiscal Year 2002 budgets should be
amended as specified below:
Dept Fund OCA PCA Obj. FY 2001 FY 2002
Revenue
43 101 013901 44600 1568 Enhance. Revenue $33,000 $11,000
Expenditure
43 101 023901 44600 6660 Radio Comm. $ 2,000 $ 2,000
43 101 023901 44600 6661 Leased Vehicles 9,000 9,000
$11,000 $11,000
Operating Transfers
43 101 023601 20000 8001 Transfer Out $22,000 -0-
$33,000 $11,000
Motor Pool Fund
Operating Transfer
13 661 661003 10 1701 Transfer In $19,500
Revenue
13 661 661001 10 635 Leased Equipment $ 9,000 $ 9,000
$28,500 $ 9,000
Expense
13 661 661002 10 3903 Depreciation $ 9,000 $ 9,000
13 661 661002 10 4264 Leased Vehicles $19,500 -0-
$28,500 $ 9,000
Radio Communications Fund
Operating Transfer
23 660 660713 60005 1701 Transfer In $ 2,500 -0-
Revenue
23 660 660711 60005 635 Leased Equipment $ 2,000 $ 2,000
$ 4,500 $ 2,000
Expense
23 660 660712 60005 3903 Depreciation $ 2,000 $ 2,000
23 660 660712 60005 8005 Est. Profit/Loss $ 2,500 -0-
$ 4,500 $ 2,000
FINANCE COMMITTEE
Vote on resolutions on the Consent Agenda as amended:
Commissioners Minutes Continued. June 14, 2001
333
AYES: Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey,
Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Webster, Amos. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda as amended were adopted, with accompanying reports being
accepted and appointments being confirmed.
MISCELLANEOUS RESOLUTION #01159
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARDS OF CONTRACT -
ARCHITECT/ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR WORK RELEASE
FACILITY PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2001 Capital Improvement Program identifies
Oakland County’s intention to construct a Work Release facility, which will
replace the existing Work Release Facility and provide approximately 300 beds;
and
WHEREAS total project costs including construction, design and
construction management fees, drain and electrical relocations, furnishings,
and contingencies are estimated to be $11,400,000; and
WHEREAS the Board of Commissioners authorized an award of contract with
Giffels Associates by Miscellaneous Resolution #99051 in the amount of $77,000
for pre-design services, including space programming and site analysis and
selection; and
WHEREAS on February 23, 2001, the Planning and Building Committee
authorized Facilities Management, with assistance from Corporation Counsel, to
negotiate a contract with Arcadis Giffels of Southfield, Michigan for
architectural/engineering services for the Work Release Facility Project; and
WHEREAS on March 27, 2001, the Planning and Building Committee
authorized negotiation of a contract with Turner Construction Company of
Farmington Hills, Michigan for construction management services for the
project; and
WHEREAS negotiations have been concluded with both firms; and
WHEREAS Facilities Management recommends the County enter into a
contract for architectural/engineering services for the Work Release Facility
Project with Arcadis Giffels of Southfield, Michigan in the amount of $524,000
plus reimbursable expenses estimated at $5,000, for a total of $529,000; and
WHEREAS Facilities Management recommends the County enter into a
contract for construction management services for the Work Release Facility
Project with Turner Construction Company of Farmington Hills, Michigan in the
amount of $592,825; and
WHEREAS funding for these contracts is available for transfer from the
Fiscal Year 2001 Capital Improvement Program/Building Improvement Fund (#401)
to the Project Work Order Fund (#404) for the Work Release Facility Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
an award of contract for architectural/engineering services for the Work
Release Facility Project to Arcadis Giffels of Southfield, Michigan in the
amount of $529,000.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an
award of contract for construction management services for the Work Release
Facility Project to Turner Construction Company of Farmington Hills, Michigan
in the amount of $592,825.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes
transfer of funding in the amount of $1,121,825 for both contracts from the
Capital Improvement Program/Building Fund (#401) to the Project Work Order
Fund (#404) for the Work Release Facility Project.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget is amended as
follows:
Building Improvement Fund #401
3-14-210006-10000-8001 Operating Transfer Out ($1,121,825)
Project Work Order Fund #404
3-14-310007-80033-1701 Operating Transfer In 1,121,825
Commissioners Minutes Continued. June 14, 2001
334
$ -0-
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is hereby authorized and directed to execute contracts with
Arcadis Giffels of Southfield, Michigan and Turner Construction Company of
Farmington Hills, Michigan on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Department of Facilities Management,
Facilities Engineering shall notify the selected vendors of this award, in
writing, no later than ten (10) days after adoption of this resolution. The
award will not be effective until the selected vendors have been notified.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
REPORT (MISC. #01159)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – AWARDS OF CONTRACT –
ARCHITECT/ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR WORK RELEASE
FACILITY PROJECT
To the Board of Commissioners Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the contract
agreements for architect/engineer services and construction manager services
for the above referenced project on June 5, 2001, reports with the
recommendation that contracts be awarded to:
1. Arcadis Giffels of Southfield, Michigan for architect/engineering
services in the amount of $524,000.00 (5.75% of construction cost) plus
reimbursable costs at $5,000.00 for a total of $529,000.00
2. Turner Construction Company of Farmington Hills, Michigan for
construction manager services in the amount of $592,825.00.
Chairperson, on behalf of the Planning and Building Committee, I submit
the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Dingeldey supported by Moss the resolution be adopted.
AYES: Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Galloway,
Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Webster, Amos, Appel. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01160
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2001 SECOND QUARTER
FINANCIAL FORECAST AND BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act
for Local Units of Government, provides for adjustments to the adopted budget;
and
WHEREAS in accordance with Oakland County General Appropriations Act
Section 22, which authorizes budget adjustments for variances between the
budgeted revenue and actual revenue, and Section 23, which authorizes budget
adjustments for variances between estimated revenue and projected
expenditures, adjustments are required; and
WHEREAS the Fiscal Year 2001 Second Quarter Financial Forecast Report
has identified several variances and budget amendments are recommended; and
WHEREAS adjustments are required to the Circuit Court budget to properly
reflect the new Family Court reorganization, these adjustments include a
redistribution of Building Space Cost and a shifting of the State Institution
allocation; and
WHEREAS the 52nd District Court has experienced an increase in the
Visiting Judge expenses due to an unexpected medical leave absence in Division
IV (Troy); and
Commissioners Minutes Continued. June 14, 2001
335
WHEREAS additional Refund of Defense Attorney and State Law cost revenue
from Division IV can be used to offset the increased Visiting Judge cost; and
WHEREAS the Sheriff Department has experienced increased cost in his
food service Contractual service account due to an increase in jail population
and the charging of Fiscal Year 2000 expenditures to Fiscal Year 2001, as well
as increased Medical Supply cost as the jail health program treats more
prisoners in-house as opposed to a hospital setting; and
WHEREAS the Sheriff Department, along with Management and Budget, have
been able to secure additional Deferred Offender revenue which can offset the
additional expenditures in the Sheriff Department as well as other areas of
the County; and
WHEREAS annual payments to the Jury Board in the Clerk's office was
underbudgeted, additional Mortgage revenue from the Register of Deeds office
can be used to cover this miscalculation; and
WHEREAS the Drain Commissioner needs to transfer funds, from within his
budget, to the Licenses and Permits account in order to pay permit fees to the
State of Michigan; and
WHEREAS postage cost to the Fiscal Services Division has increased due
to special arrangements made with the post office for the mailing of Finance
Committee packets; and
WHEREAS pursuant to Miscellaneous Resolution #01086, the Purchasing
Division was authorized to pursue electronic bidding, an additional allocation
is required to complete the process; and
WHEREAS a budgeted operating transfer in the Equalization Division is no
longer required, these resources can be used to cover the expenditure issues
in the Department of Management and Budget; and
WHEREAS Emergency Management desires to have all expenditures related to
tornado sirens budgeted into one account; and
WHEREAS the State payment from the Convention Facility and Liquor Tax
distribution has increased above budget, one-half of these funds must be used
for substance abuse prevention programs in the Health Division, the remainder
may be used to cover expenditure short-falls in other areas; and
WHEREAS the Health Division has received reimbursement under the
Michigan Nutrition Network, pursuant to Miscellaneous Resolution #01019, for
their efforts to enhance nutrition among county citizens; and
WHEREAS the Library Board - Research Library inadvertently was not
budgeted for Information Technology Operation expenditures, an amendment is
required to cover this activity; and
WHEREAS Management and Budget has verified the third year of CRIMP
savings for the Health Division's privatization of the Dental Services program
(20% of total savings), and has also verified the first year of CRIMP savings
from the cessation of the Breast and Cervical Cancer program (60% of total
savings); by policy these funds must be allocated to the Health Division; and
WHEREAS pursuant to Miscellaneous Resolution #01097, an additional
$4,651 needs to be allocated to the Health Division to complete their carry
forward of committed but unspent Fiscal Year 2000 funds; and
WHEREAS expansion of the Health Division laboratory and increased space
in the Executive Office Building for the Health Division requires an
additional appropriation; and
WHEREAS due to increased activity, the non-departmental Contingency,
Emergency Salaries, and Miscellaneous Capital Outlay accounts require an
additional appropriation to maintain a positive balance through the remainder
of the fiscal year; and
WHEREAS pursuant to Miscellaneous Resolution #00264, the Board of
Commissioners authorized the "Senior Citizen Resident Prescription Discount
Program" with $240,000 in funding located in a Designated Fund balance. The
appropriation of that fund balance is now required.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the
Fiscal Year 2001 Second Quarter Financial Forecast.
BE IT FURTHER RESOLVED that the Board authorizes amendments to the
Fiscal Year 2001 Budget as detailed on attached Schedule A.
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Budget be amended, as
specified below, to utilize the $240,000 Designated Fund Balance for the
Senior Citizen Prescription Program:
Revenue
Commissioners Minutes Continued. June 14, 2001
336
90-190000-14000-1582 Prior Years Balance $240,000
Expenditures
11-250207-30000-4072 Drugs $240,000
$ 0
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Oakland County, Michigan Fiscal Year 2001 Second Quarter Budget
Amendments General Fund/General Purpose (GF/GP) Activities on file in County
Clerk’s office.
Moved by Dingeldey supported by Obrecht the resolution be adopted.
AYES: Buckley, Causey-Mitchell, Crawford, Dingeldey, Galloway,
Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson,
Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Patterson introduced Attorney Nancy Slutsky from the Road
Commission for Oakland County.
REPORT (MISC. #01131)
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF THE MICHIGAN ASSOCIATION OF
COUNTIES (MAC) POSITION ON HOUSE BILL 4090 TO INCREASE JUROR COMPENSATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution on June 4, 2001, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION # 01131
BY: Commissioner Lawrence A. Obrecht, William R. Patterson, Thomas A. Law,
Hugh D. Crawford, Chuck Moss, Michelle Friedman Appel
IN RE: BOARD OF COMMISSIONERS - SUPPORT OF THE MICHIGAN ASSOCIATION OF
COUNTIES (MAC) POSITION ON HOUSE BILL 4090 TO INCREASE JUROR COMPENSATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS House Bill 4090 proposes to amend the 1961 Public Act 236,
entitled the Revised Judicature Act of 1961, to increase juror compensation;
and
WHEREAS House Bill 4090 would increase the minimum daily compensation
for jurors from the current rate of $15 to $30 for a full day. The half-day
rate would increase from $7.50 to $15.00; and
WHEREAS a substitute bill has also been introduced that would increase
juror compensation after the first day of juror duty (which would remain
compensated at the current statutory rates), to $40 for each full day and $20
for each half day; and
WHEREAS both proposals are tie-bared to other introduced legislation
that establishes a new state Juror Compensation Fund that is to be financed
from a doubling of the driver's license clearance fee, from $25 to $50, which
is imposed for restoring certain suspended driver's licenses; and
WHEREAS preliminary projections indicate that this new Juror
Compensation Fund would not sufficiently cover the costs of increasing jury
fees at the initially proposed $30 per day level and creates a very
significant shortfall at the $40 per day level; and
WHEREAS the financial responsibility of fulfilling the state mandated
increase in juror fees, that are not provided for by the Juror Compensation
Fund, would fall unfairly upon the local funding units for the courts; and
Commissioners Minutes Continued. June 14, 2001
337
WHEREAS the Michigan Association of Counties (MAC) testified before the
House Civil Law & Judiciary Committee and took the position that, "The MAC
Board of Directors supports the concept of increased jury fees, provided the
State of Michigan fund 100% of any additional costs incurred."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the position taken by the Michigan
Association of Counties.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
will only support an increase in juror compensation, if the State fully covers
the increase without passing along the additional costs associated with any
proposed increase onto counties or other local jurisdictions.
BE IT FURTHER RESOLVED that copies of this adopted resolution be
forwarded to the Governor, the House Civil Law and Judiciary Committee,
Oakland County's State Senators and Representatives, the Michigan Association
of Counties and to the County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
LAWRENCE A. OBRECHT, WILLIAM R.
PATTERSON, THOMAS A. LAW, HUGH D.
CRAWFORD, CHUCK MOSS, MICHELLE
FRIEDMAN APPEL, PETER H. WEBSTER,
WILLIAM E. BRIAN, SHELLEY GOODMAN
TAUB, DAVID GALLOWAY, JOHN P.
GARFIELD, SUE ANN DOUGLAS, CHARLES
PALMER, NANCY DINGELDEY, DAVID
BUCKLEY, FRAN AMOS, FRANK MILLARD,
TERRY SEVER
Moved by Patterson supported by Garfield the General Government
Committee report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Sever the resolution be adopted.
AYES: Causey-Mitchell, Crawford, Dingeldey, Galloway, Gregory, Law,
Melton, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos,
Appel, Brian, Buckley. (19)
NAYS: Garfield. (1)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENT OF ALTERNATES TO THE SOUTHEAST
MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) FOR ONE YEAR TERMS ENDING 12/31/01
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends that Bill Brian and
Dennis Toffolo be appointed as commissioners’ alternates to the Southeast
Michigan Council of Governments for a one-year term ending December 31, 2001.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Patterson supported by Dingeldey the report be accepted.
AYES: Crawford, Dingeldey, Galloway, Garfield, Gregory, Law, Melton,
Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel,
Brian, Buckley, Causey-Mitchell. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, William R. Patterson, Chairperson
Commissioners Minutes Continued. June 14, 2001
338
IN RE: BOARD OF COMMISSIONERS - APPOINTMENT TO THE COMMUNITY MENTAL HEALTH
AUTHORITY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends that Eleanor Rzepecki
be appointed to the Community Mental Health Authority Board to complete the
term of John McCulloch, ending March 31, 2003.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Application for Oakland County Service on file in County Clerk’s office.
Moved by Patterson supported by Crawford the report be accepted.
AYES: Dingeldey, Galloway, Garfield, Gregory, Law, Melton, Moffitt,
Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel,
Brian, Buckley, Causey-Mitchell, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01161
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL –
FISCAL YEAR 2000-2001 CHILD PROTECTION/COMMUNITY PARTNERS GRANT
APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS Oakland County Government was selected by our community’s
multipurpose collaborative body (i.e., the Oakland County Human Services
Coordinating Council) in accordance with Michigan Family Independence Agency
(MFIA) policy and Oakland County Board of Commissioners resolution (#96053) to
serve as its alternate fiduciary; and
WHEREAS MFIA has notified Oakland County that funding in the amount of
$331,170 for the period of October 1, 2000, through September 30, 2001, is
available to provide ongoing support for the activities of the Oakland County
Human Services Coordinating Council, including functioning as the contractor
and administrator for any grants received; and
WHEREAS this is the third year of an ongoing grant and no grant
application was needed; and
WHEREAS the primary purpose of this program is to address the increasing
number of reported cases of abuse or neglect by targeting activities and
services for at-risk children and families in unsubstantiated child protective
services cases or low-risk substantiated cases; and
WHEREAS the funding in question is 100% state and federal money passed
through MFIA; and
WHEREAS the grant funds will continue to cover 100% of the program cost
and no additional County resources, including personnel, are required; and
WHEREAS acceptance of this grant does not obligate the County to any
future commitment; and
WHEREAS this grant agreement has been processed through the County
Executive Contract Review Process and the Board of Commissioners Grant
Acceptance Procedures; and
WHEREAS during the last and current fiscal years MFIA has delayed
providing final contract language and failed to negotiate in good faith with
Oakland County during the contract negotiation process; and
WHEREAS MFIA has threatened to cease all Child Protection/Community
Partners-funded services in Oakland County unless Oakland County signs its
final contract offer; and
WHEREAS MFIA’s final contract offer contains contract language that is
illegal (violation of MCL 691.1407) and/or penalizes Oakland County and its
prospective human services providers for MFIA’s failure to have proposed MFIA
contract language completed and ready for Oakland County review prior to the
start of the 2000-2001 fiscal year; and
Commissioners Minutes Continued. June 14, 2001
339
WHEREAS this grant acceptance is recommended for approval with
modification.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Fiscal Year 2000-2001 Child Protection/Community
Partners Grant in the amount of $331,170.
BE IT FURTHER RESOLVED that this acceptance is specifically conditioned
upon the MFIA's agreement to the following contract language changes to its
final offer for a fiduciary contract, to wit:
• Deletion of the final sentence of the first paragraph of Section
I.L. in the proposed agreement (page 9), specifically, “In no
event, shall the FIA make payment to the contractor for billings
submitted more than 90 days after the end of the billing period.”
• Deletion of the final sentence of the only paragraph in Section
III.K. in the proposed agreement (page 14), specifically, “the
Contractor shall be responsible for the performance of all
assignees or subcontractors.”
• Deletion of the language under Article IV. of Amendment #1 to the
proposed agreement (page 2 of Amendment #1), specifically, “In the
event that the Contractor is audited by FIA and as part of the
audit non-compliance is cited for the HSP, the Contractor is
responsible to refund to FIA all disallowed costs related to the
HSP’s non-compliance.”
• Deletion of the second sentence in the preamble of Section K,
under Article VII of Amendment #1 to the proposed agreement (page
3 of Amendment #1), specifically, “the Contractor shall be
responsible for the performance of all assignees or HSP’s.”
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners’
approval of the above-referenced contract is specifically conditioned and
premised upon the Michigan Family Independence Agency’s concurrence in the
terms and conditions contained in the new Section III.W. of the agreement
entitled AGREEMENT EXCEPTIONS AND LIMITATIONS as added by the County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson to execute this agreement subject to the following
additional condition: That the County’s approval for entering into this
agreement is specifically conditioned and premised upon the acceptance,
approval, and execution of the agreement containing the new Section III.W. and
the deletion of the language referenced above by the Michigan Family
Independence Agency and that the failure of the Michigan Family Independence
Agency 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 acceptance of this grant does not obligate
the County to any future commitment and continuation of the special revenue
positions in the grant are contingent upon continued future levels of grant
funding.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute this agreement, any changes and extensions to the agreement not to
exceed fifteen percent (15%) which is consistent with the agreement as
originally approved.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #01161)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL-
FISCAL YEAR 2000-2001 CHILD PROTECTION/COMMUNITY PARTNERS GRANT
APPLICATION/ACEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
Commissioners Minutes Continued. June 14, 2001
340
1. The Michigan Family Independence Agency notified the Oakland County
Department of Human Services/Human Services Coordinating Council
that they have been awarded continued funding totaling $331,170.
2. The funding is to provide ongoing support to address the increasing
number of reported cases of abuse or neglect by targeting
activities and services for at-risk children and families in
unsubstantiated child protective services cases or low-risk
substantiated cases.
3. The grant period is from October 1, 2000, through
September 30, 2001. This is the third year of an ongoing grant and
no grant application is needed.
4. The grant funds cover 100% of the program cost, no additional
County resources, including personnel, are requested.
5. The following amendment to the Fiscal Year 2001 Budget is
recommended:
REVENUE FY 2001
1-16-277101-12000-0171 Grants – State $331,170
EXPENSES
2-16-277201-12000-2001 Salaries 24,761
2-16-277201-12000-2075 Fringe Benefits 8,356
2-16-277201-12200-2572 Contracted Svs. 298,053
$331,170
FINANCE COMMITTEE
Moved by Patterson supported by Gregory the resolution be adopted.
AYES: Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht,
Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley,
Causey-Mitchell, Crawford, Dingeldey. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01162
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL –
FISCAL YEAR 2000-2001 STRONG FAMILIES/SAFE CHILDREN GRANT
APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS Oakland County Government was selected by our community’s
multipurpose collaborative body (i.e., the Oakland County Human Services
Coordinating Council) in accordance with Michigan Family Independence Agency
(MFIA) policy and Oakland County Board of Commissioners resolution (#96053) to
serve as its alternate fiduciary; and
WHEREAS MFIA has notified Oakland County that funding in the amount of
$516,000 for the period of October 1, 2000, through September 30, 2001, is
available to provide ongoing support for the activities of the Human Services
Coordinating Council, including functioning as the contractor and
administrator for any grants received; and
WHEREAS this is the third year of an ongoing grant and no grant
application was needed; and
WHEREAS the primary purpose of this program is to assess local needs and
resources, gaps in services, and developing a long-term plan for improving
positive results for the development of nurturing families and the safety of
children; and
WHEREAS the funding in question is 100% federal money passed through
MFIA; and
WHEREAS the grant funds will continue to cover 100% of the program cost
and no additional County resources, including personnel, are required; and
WHEREAS acceptance of this grant does not obligate the County to any
future commitment; and
WHEREAS this grant agreement has been processed through the County
Executive Contract Review Process and the Board of Commissioners Grant
Acceptance Procedures; and
Commissioners Minutes Continued. June 14, 2001
341
WHEREAS during the last and current fiscal years MFIA has delayed
providing final contract language and failed to negotiate in good faith with
Oakland County during the contract negotiation process; and
WHEREAS MFIA has threatened to cease all Strong Families/Safe Children-
funded services in Oakland County unless Oakland County signs its final
contract offer; and
WHEREAS MFIA’s final contract offer contains contract language that is
illegal (violation of MCL 691.1407) and/or penalizes Oakland County and its
prospective human services providers for MFIA’s failure to have proposed MFIA
contract language completed and ready for Oakland County review prior to the
start of the 2000-2001 fiscal year; and
WHEREAS this grant acceptance is recommended for approval with
modification.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Fiscal Year 2000-2001 Strong Families/Safe Children
Grant in the amount of $516,000.
BE IT FURTHER RESOLVED that this acceptance is specifically conditioned
upon the MFIA's agreement to the following contract language changes to its
final offer for a fiduciary contract, to wit:
• Deletion of the final sentence of the first paragraph of Section
I.L. in the proposed agreement (page 9), specifically, “In no
event, shall the FIA make payment to the contractor for billings
submitted more than 90 days after the end of the billing period.”
• Deletion of the final sentence of the only paragraph in Section
III.K. in the proposed agreement (page 14), specifically, “the
Contractor shall be responsible for the performance of all
assignees or subcontractors.”
• Deletion of the language under Article IV. of Amendment #1 to the
proposed agreement (page 2 of Amendment #1), specifically, “In the
event that the Contractor is audited by FIA and as part of the
audit non-compliance is cited for the HSP, the Contractor is
responsible to refund to FIA all disallowed costs related to the
HSP’s non-compliance.”
• Deletion of the second sentence in the preamble of Section K,
under Article VII of Amendment #1 to the proposed agreement (page
3 of Amendment #1), specifically, “the Contractor shall be
responsible for the performance of all assignees or HSP’s.”
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners’
approval of the above-referenced contract is specifically conditioned and
premised upon the Michigan Family Independence Agency’s concurrence in the
terms and conditions contained in the new Section III.W. of the agreement
entitled AGREEMENT EXCEPTIONS AND LIMITATIONS as added by the County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson to execute this agreement subject to the following
additional condition: That the County’s approval for entering into this
agreement is specifically conditioned and premised upon the acceptance,
approval, and execution of the agreement containing the new Section III.W. and
the deletion of the language referenced above by the Michigan Family
Independence Agency and that the failure of the Michigan Family Independence
Agency 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 acceptance of this grant does not obligate
the County to any future commitment and continuation of the special revenue
positions in the grant are contingent upon continued future levels of grant
funding.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute this agreement, any changes and extensions to the agreement not to
exceed fifteen percent (15%) which is consistent with the agreement as
originally approved.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. June 14, 2001
342
FISCAL NOTE (MISC.#01162)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL-
FISCAL YEAR 2000-2001 STRONG FAMILIES/SAFE CHILDREN GRANT APPLICATION
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. The Michigan Family Independence Agency notified the Oakland
County Department of Human Services/Human Services Coordinating
Council that they have been awarded continued funding in the
amount of $516,000 for the period of October 1, 2000, through
September 30, 2001.
2. The funding is to assess local needs and resources, gaps in
services, and developing a long-term plan for improving positive
results for the development of nurturing families and the safety
of children. This is the third year of an ongoing grant and no
grant application is needed.
3. The grant funds cover 100% of the program cost, no additional
County resources, including personnel, are requested.
4. The following amendment to the Fiscal Year 2001 Budget is
recommended:
REVENUE FY 2001
1-16-277100-12000-0171 Grants – State $516,000
EXPENSES
2-16-277200-12100-2572 Contracted Svs. 92,100
2-16-277200-12200-2572 Contracted Svs. 101,456
2-16-277200-12300-2572 Contracted Svs. 90,371
2-16-277200-12400-2572 Contracted Svs. 107,214
2-16-277300-12000-2001 Salaries 57,997
2-16-277300-12000-2075 Fringe Benefits 19,403
2-16-277300-12100-2572 Contracted Svs. 19,959
2-16-377300-12200-2572 Contracted Svs. 10,000
2-16-277300-12300-2572 Contracted Svs. 15,000
2-16-277300-12400-2572 Contracted Svs. 2,500
$516,000
FINANCE COMMITTEE
Moved by Patterson supported by Buckley the resolution be adopted.
AYES: Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-
Mitchell, Crawford, Dingeldey, Galloway. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (MISC. #01149)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COUNTYWIDE ELECTED OFFICIALS SALARIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution
recommends its adoption with the following amendment:
Add to the “NOW THEREFORE BE IT RESOLVED” paragraph after the word
“follow”: “effective June 16, 2001”.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01149
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: COUNTYWIDE ELECTED OFFICIALS SALARIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County’s voters recognized and adopted the principle
that continuity of good government requires the recruitment and retention of
Commissioners Minutes Continued. June 14, 2001
343
quality employees and the principle that the pay and treatment of those public
servants be based on merit by adopting Miscellaneous Resolution 4606
(September 19, 1966); and
WHEREAS the Board of Commissioners has consistently utilized these
voter-approved principles in adopting both the Merit System Rules and the
Oakland County Job Evaluation System, the primary objectives of which are to
(A) attract and (B) retain a qualified and productive work force to provide
cost effective service to the citizens of Oakland County; and
WHEREAS the Board of Commissioners has formally recognized that the free
and competitive market provides the best basis for determining fair and
equitable compensation for its public servants and has formally adopted market
factors as the principal criterion for determining the compensation of its
public servants; and
WHEREAS Merit System Rules require the Personnel Committee of the Board
of Commissioners to review salaries annually to determine if adjustments to
salary ranges are warranted; and
WHEREAS these equitable compensation principles are appropriately
applied to elected official compensation determinations; and
WHEREAS a national survey of elected official compensation plans
indicates that adjustment of Oakland County’s county-wide elected official
compensation plans is warranted by merit and market factors; and
WHEREAS by way of example, the current salary for the position of County
Executive is $15,779 (some 10.18 %) below the national average salary for
County Executives of comparatively sized counties; and
WHEREAS that market factor and numerous County-adopted job evaluation
plan factors including job-related knowledge and skill requirements, work and
career experience requirements, supervisory and managerial responsibility
requirements, problem solving and job-related communication and interpersonal
skill requirements, and accountability requirements for the position of County
Executive support the position that equity demands that the County Executive
position be compensated at a level that more closely matches the national
average; and
WHEREAS similar analyses apply to the positions of County Clerk,
Treasurer, Prosecuting Attorney, Sheriff and Drain Commissioner; and
WHEREAS as evidenced by the numerous honors and awards Oakland County
has achieved for its exceptional fiscal management (AAA bond rating), leading
edge technology programs (CLEMIS, Access Oakland, GIS initiatives), innovative
business and economic development programs (Automation Alley, Business
Roundtable, Main Street Program), efficient constituent services, law
enforcement and public safety programs, healthy environment and high quality
of life for its citizens, the performance of Oakland County’s countywide
elected officials has been nationally recognized as being exceptional; and
WHEREAS in an effort to bring the salaries for the countywide elected
officials to a level which more equitably compensates for job responsibilities
and better represents recognition of merit for the County’s achievements, it
is proposed that the salaries for the county-wide elected officials be
adjusted upward by 8.6%.
NOW THEREFORE BE IT RESOLVED that the 2001 salaries for the following
countywide elected officials be adjusted as follows:
County Executive $151,221
Prosecuting Attorney $130,688
Sheriff $116,350
Treasurer $116,350
County Clerk/Reg. of Deeds $116,350
Drain Commissioner $116,350
Chairperson, I move adoption of the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (MISC. #01149)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COUNTYWIDE ELECTED OFFICIALS SALARIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
Commissioners Minutes Continued. June 14, 2001
344
1. The resolution authorizes a salary increase of 8.6% for the
following countywide elected officials:
County Executive
Prosecuting Attorney
Sheriff
Treasurer
County Clerk/Register of Deeds
Drain Commissioner
2. The salary adjustment is intended to provide the elected officials
more equitable compensation for job responsibilities and
recognition of merit for the County’s achievements. It further
provides compensation at a level that more closely matches the
national average.
3. The annual cost of the salary increase for countywide elected
officials is $74,716 and will be included in the Fiscal Year 2002
and Fiscal Year 2003 Executive’s Recommended Budget.
4. The impact on the remainder of Fiscal Year 2001 is $22,917 for
which funding is available in Contingency.
5. The Fiscal Year 2001 Budget be amended as follows:
Dept-OCA-PCA-Object Description FY 2001
Non-Departmental
90-290000-25000-2564 Contingency ($22,917)
County Executive
11-210100-01000-2001 Salary $ 3,674
11-210100-01000-2075 Fringes $ 963
Prosecuting Attorney
41-211000-41100-2001 Salary $ 3,176
41-211000-41100-2075 Fringes $ 832
Sheriff
43-023101-10000-2001 Salary $ 2,827
43-023101-10000-2075 Fringes $ 741
County Treasurer
22-221120-01000-2001 Salary $ 2,827
22-221120-01000-2001 Fringes $ 741
County Clerk/ROD
21-210100-01000-2001 Salary $ 2,827
21-210100-01000-2075 Fringes $ 741
Drain Commissioner
61-211001-10000-2001 Salary $ 2,827
61-211001-10000-2075 Fringes $ 741
TOTAL GF/GP $ 0
FINANCE COMMITTEE
Moved by Law supported by Moss the Finance Committee report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Law supported by Moss the resolution be adopted.
Moved by Dingeldey supported by Sever the resolution be amended to
coincide with the recommendation in the Finance Committee report.
A sufficient majority having voted therefore, the amendment carried.
Discussion followed.
Vote on resolution as amended:
AYES: Gregory, Law, Moffitt, Moss, Obrecht, Patterson, Sever, Suarez,
Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Dingeldey,
Galloway. (17)
NAYS: Melton, Palmer, Crawford, Garfield. (4)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Commissioners Minutes Continued. June 14, 2001
345
MISCELLANEOUS RESOLUTION #01163
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - INTERLOCAL AGREEMENTS FOR ILLICIT DISCHARGE
ELIMINATION SERVICE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Rochester Hills, ("Municipality") has requested the
Oakland County Drain Commissioner for assistance in performing illicit
discharge elimination services; and
WHEREAS the Drain Commissioner is prepared to provide illicit discharge
elimination services on a cost reimbursement basis to the City of Rochester
Hills; and
WHEREAS the Municipality, by resolution, has agreed in return to
reimburse the County as provided for in the attached copies of Interlocal
agreement; and
WHEREAS the Oakland County Drain Commissioner has determined, at the
present time, that it has sufficient personnel possessing the requisite
knowledge and expertise and is agreeable to assisting the Municipality by
providing the requested services under the terms and conditions of the
Interlocal agreement; and
WHEREAS the municipality recognizes and agrees that absent an agreement
such as this, the County has no obligation to provide these services to or for
the Municipalities; and
WHEREAS the attached Interlocal agreement was reviewed and approved by
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
authorized the Drain Commissioner to execute the attached Interlocal Agreement
with City of Rochester Hills.
BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to
provide illicit discharge elimination services in accordance with the
Interlocal Agreements.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner’s Contract for Storm Water
Management Services with the City of Rochester Hills, and City of Rochester
Hills IDEP Base Map on file in County Clerk’s office.
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Law, Melton, Moss, Obrecht, Palmer, Patterson, Sever, Suarez,
Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford,
Dingeldey, Galloway, Garfield, Gregory. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
FISCAL REPORT (MISC. #01164)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – INTERLOCAL AGREEMENT FOR OPERATIONS AND
MAINTENANCE – LYON TOWNSHIP SEWAGE DISPOSAL SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds that sufficient revenue and
expenditures have been included in the Fiscal Year 2001/Fiscal Year 2002
Biennial Budget to cover the terms of the proposed agreement, no additional
appropriation is required.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01164
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER – INTERLOCAL AGREEMENT FOR OPERATIONS AND
MAINTENANCE – LYON TOWNSHIP SEWAGE DISPOSAL SYSTEM
To the Oakland County Board of Commissioner
Commissioners Minutes Continued. June 14, 2001
346
Chairperson, Ladies and Gentleman:
WHEREAS the Oakland County Drain Commissioner has assisted the Charter
Township of Lyon (Township) with the preparations for starting up its new
sewage disposal system; and
WHEREAS the new Lyon Township Sewage Disposal System consists of the
operations of a wastewater treatment plant (WWTP), pump stations, force main
and lateral sanitary sewers (not including houseleads); and
WHEREAS the WWTP is owned by a private corporation known as Park Place
Environmental, Inc. (“Park Place”); and
WHEREAS the Charter Township of Lyon has agreed to utilize wastewater
treatment capacity of the WWTP to provide services to residential and
commercial properties, including a new school located on Pontiac Trail; and
WHEREAS the Township and Park Place are currently negotiating an
agreement regarding the ownership and/or operation of the WWTP within the next
120 days; and
WHEREAS the Township has now requested further assistance of the Drain
Commissioner regarding the operations of the sewage disposal system, including
the WWTP, for the next 120 days; and
WHEREAS the WWTP is near ready for operation without a licensed operator
and the Drain Commissioner has determined, at the present time, that he has
sufficient personnel, possessing the requisite knowledge and expertise and is
agreeable to assisting the Township by providing the requested services under
an interim agreement; and
WHEREAS the County would be reimbursed on a labor, material, and
equipment costs basis, and would request that the Township insure and
indemnify the County, its officers and employees with respect to the services
provided; and
WHEREAS it is essential to the new school and the residents of Lyon
Township, that the WWTP be put into operation as soon as possible.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the Oakland County Drain Commissioner to enter into a 120-day Interim
Agreement to assist the Charter Township of Lyon in the operations and
maintenance of the Lyon Township Sewage Disposal System, including the WWTP.
BE IT FURTHER RESOLVED that the 120-day Agreement shall require that the
County shall be reimbursed on a labor, material, administrative cost and
equipment costs basis and that the Township shall indemnify and provide
insurance covering potential liabilities for the service provided under the
agreement.
BE IT FURTHER RESOLVED that the contract shall not be effective unless
approved by Corporation Counsel.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Brian the Finance Committee report be
accepted.
A sufficient majority having voted therefore, the report was accepted.
Discussion followed.
Moved by Palmer supported by Brian the resolution be adopted.
AYES: Melton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey,
Galloway, Garfield, Gregory, Law. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #01165
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE
OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE BUILDING 52nd DISTRICT COURT,
Commissioners Minutes Continued. June 14, 2001
347
THIRD DIVISION AND COUNTY SHERIFF SUBSTATION LOCATED IN THE CITY OF ROCHESTER
HILLS, OAKLAND COUNTY, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there have been prepared and presented to the Board of
Commissioners (the "Board") of the County of Oakland, Michigan (the "County"),
conceptual documents describing the project to construct, equip and furnish
buildings and appurtenances located in the County of Oakland (the "Project"),
all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter
defined), and a proposed Lease Contract between the County and the Oakland
County Building Authority (the "Authority") dated as of July 1, 2001 (the
"Lease Contract"), pursuant to which the Authority will construct, furnish,
and equip the Project as contemplated by the terms of Act No. 31, Public Acts
of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the
Project to the County for a term not to exceed 50 years as permitted by Act
31; and
WHEREAS it has been estimated that the period of usefulness of the
Project to be not less than 35 years and that the total cost of equipping the
Project (as defined in the Lease Contract) in an amount not to exceed
$23,300,000 of which not to exceed $23,300,000 will be provided by the
proceeds from the sale of bonds by the Authority pursuant to Act 31; and
WHEREAS the County proposes to undertake the Project and to request the
Authority to incur taxable or tax-exempt debt (the "Reimbursement
Obligations") to finance all or a portion of the costs of the Project; and
WHEREAS the County may make certain expenditures for said Project prior
to issuance of the Reimbursement Obligations and may wish to use the proceeds
of the Reimbursement Obligations to reimburse all or a portion of said
expenditures; and
WHEREAS it is in the public interest and for the public benefit that the
County designate an authorized officer for the purposes of declaring official
intent of the County with respect to expenditures; and
WHEREAS there has been prepared and attached hereto as APPENDIX I a form
of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF
INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE
OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR
REFERENDUM THEREON" (the "Notice of Intention").
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County
of Oakland, Michigan, as follows:
1. The conceptual documents and estimates relating to the Project and
identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered
filed with the County Clerk.
2. The Lease Contract in the form of APPENDIX I hereto is hereby
approved, and the Chairman of the Board of Commissioners and the County Clerk
are hereby authorized and directed to execute and deliver the same for and on
behalf of the County. Final plans and project description shall be approved
by the Planning and Building Committee of the Board of Commissioners before
they are attached to the Lease Contract to be executed.
3. It is hereby determined that the Notice of Intention provides
information sufficient to adequately inform the electors and taxpayers of the
County of the nature of the contractual obligations to be undertaken by the
County in the Lease Contract and of their right under Act 31 to file a
petition requesting a referendum election on the Lease Contract.
4. The form and content of the Notice of Intention are hereby
approved, and the County Clerk is hereby authorized and directed to cause the
Commissioners Minutes Continued. June 14, 2001
348
Notice of Intention to be published once in the Oakland Press, Pontiac,
Michigan, a newspaper of general circulation within the County which is hereby
determined to be the newspaper reaching the largest number of electors and
taxpayers of the County. The Notice shall be at least one third of a page in
size.
5. The Treasurer of the County is hereby authorized to declare
official intent of the County with respect to reimbursement.
6. Each declaration of official intent shall be substantially in the
form set forth in APPENDIX III attached hereto and by this reference
incorporated herein, and said form may be modified from time to time on the
advice of bond counsel to the County and as necessary to conform to
requirements of our reimbursement regulations as the same may be adopted by
the Internal Revenue Service or amended from time to time, or with the
requirements of applicable rulings or regulations relating to tax-exempt
borrowings.
7. The Treasurer is hereby directed to file each declaration of
official intent in the office of the Oakland County Clerk, which location
constitutes the customary location of the records of the Authority which are
available to the general public.
8. The Oakland County Clerk is further directed to assure that each
declaration of intent is continuously available during normal business hours
of the County on every business day of the period beginning the earlier of 10
days after the date of execution of said declaration of intent and ending on
the date of issuance of the Reimbursement Bonds.
9. The County Treasurer or Bond Counsel or either of them, are
authorized to execute and submit the Notice of Intent Forms required by the
State of Michigan, Department of Treasury ("Treasury") to pay the related fee,
to request an order providing an exception from prior approval from the
Treasury, and to execute and deliver such other documents as may be requested
by the Treasury.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appendix I – Lease Contract, Appendix A – Continuing Disclosure
Certificate, Exhibit A to Lease Contract, Exhibit B to Lease Contract, Exhibit
A – Project Description, and Appendix III – Form of Declaration of Official
Intent on file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Finance Committee.
There were no objections.
REPORT (MISC. #01083)
BY: General Government Committee, William Patterson, Chairperson
IN RE: BOARD OF COMMISSIONERS – TELEVISING OF COMMISSION MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution on April 30, 2001, reports in support of the resolution and concurs
with the Planning and Building Report to amend the resolution.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (MISC. #01083)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS - TELEVISING OF COMMISSIONER MEETINGS
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. June 14, 2001
349
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above
referenced resolution on March 27, 2001 recommends the resolution be amended
and adopted.
Strike the existing NOW THEREFORE BE IT RESOLVED and BE IT FURTHER
RESOLVED Paragraphs substituting:
“NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby establish a five member study group, appointed by
the Board chair, that will report to the Planning and Building Committee
within six months the feasibility of telecasting, live or delayed, Board
and/or Committee meetings.”
“BE IT FURTHER RESOLVED that the Board of Commissioners authorize staff
to work with the study group to investigate the feasibility and expenses
related to the operation of cable casting Board meetings and/or Committee
meetings and report back to the Planning and Building Committee on a monthly
basis.”
Chairperson, on behalf of the Planning and Building Committee, I move
the acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
REPORT (MISC. #01083)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – TELEVISING OF COMMISSIONER MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution
on June 7, 2001, recommends its adoption and supports those amendments offered
by the Planning and Building Committee with additional amendments made as
indicated:
“BE IT FURTHER RESOLVED that the Board of Commissioners authorizes staff
to work with the study group to investigate the feasibility and expenses
related to the operation of cable casting Board meetings and/or Committee
meetings, INCLUDING PERSONNEL, EQUIPMENT, SETUP, OPERATION AND MAINTENANCE
COSTS, AS WELL AS DISTRIBUTION ABILITIES AND COSTS, and to report back to the
Planning and Building Committee on a monthly basis.”
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #01083
BY: Tim W. Melton, District 7, David L. Moffitt, District 18
IN RE: BOARD OF COMMISSIONERS – TELEVISING OF COMMISSION MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has, from time to
time, demonstrated interest in televising Committee and Board meetings; and
WHEREAS most local communities have public access and/or government
access channels associated with their cable television systems over which
Commission meetings could be broadcast; and
WHEREAS many city, village and township boards routinely broadcast their
meetings; and
WHEREAS Oakland County operates under the Freedom of Information Act
(FOIA) 1976 Public Act 442 which states in part that “It is the policy of this
State that all persons are entitled to full and complete information regarding
the affairs of government and the official acts of those who represent them as
public officials and public employees so that they may fully participate in
the democratic process; and
WHEREAS the Capital Improvement Program for Fiscal Year 2001 includes
renovations to the Auditorium and Committee Room “A” as part of the West Wing
Improvement Project.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners make all meetings available for either live broadcast or tape
delay distribution to all Oakland County public access channels as soon as is
practical.
Commissioners Minutes Continued. June 14, 2001
350
BE IT FURTHER RESOLVED that the Fiscal Year 2001 Capital Improvement
Program for the West Wing Auditorium and Committee Room “A” be amended to
include improvements necessary to record or televise Committee and Board
meetings.
Chairperson, I move the adoption of the foregoing resolution.
Tim W. Melton, David L. Moffitt,
Ruel McPherson, George Suarez,
Michelle Friedman Appel,
Eric Coleman, Vincent Gregory,
Brenda Causey-Mitchell,
William Brian, Thomas Law,
Peter Webster, John Garfield,
William Patterson, Terry Sever,
Charles Moss, Hugh Crawford
Moved by Palmer supported by Melton the General Government report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Moss the Finance Committee report be
accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Taub the Planning and Building report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Moss the resolution be adopted.
Moved by Palmer supported by Sever the resolution be amended to coincide
with recommendation in the Planning and Building Committee and Finance
Committee reports.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey,
Galloway, Garfield, Gregory, Law, Melton. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended
was adopted.
MISCELLANEOUS RESOLUTION #01166
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT
SERVICES IN HIGHLAND TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Highland has contracted with the Oakland
County Sheriff's Department to provide law enforcement services for the
Township (Misc. #98011); and
WHEREAS paragraph 23 of this Contract provided that an amendment to this
Contract must be approved by concurrent resolutions of both the Oakland County
Board of Commissioners and the Charter Township of Highland Board; and
WHEREAS the Charter Township of Highland has approved a proposed
amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which
would add one (1) Lieutenant and bring the total number of contracted staff to
nineteen (19); and
WHEREAS the Sheriff has agreed to add one (1) Lieutenant for the Charter
Township of Highland under the terms of this contract.
Commissioners Minutes Continued. June 14, 2001
351
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves an amendment to the original Schedule A (Sheriff
Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law
Enforcement Services Agreement with the Charter Township of Highland to add
one (1) Lieutenant.
BE IT FURTHER RESOLVED that one (1) Lieutenant position be created in
the Contracted Patrol Unit, Patrol Services Division of the Sheriff's
Department.
BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and
prep) be added to the County fleet.
BE IT FURTHER RESOLVED that this amendment will take effect on June 30,
2001.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Charter Township of Highland Schedule A, Schedule A-1, and
Oakland County Sheriff’s Department 1999-2003 Law Enforcement Services
Agreement with Charter Township of Highland on file in County Clerk’s office.
The Vice-Chairperson referred the resolution to the Personnel and
Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #01167
BY: Commissioner Shelley Goodman Taub, District #12
IN RE: BOARD OF COMMISSIONERS - MANDATORY LIFE IMPRISONMENT WITHOUT PAROLE
FOR PEDOPHILES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS one of life's most precious treasures, our children, are far too
frequently the innocent victims of cruelty inflicted upon them by heartless,
sexual predators; and
WHEREAS recognizing that the deviant behavior of pedophiles can not be
“cured”; and
WHEREAS the vast majority of pedophiles were molested as children; and
WHEREAS recognizing that in order to break the vicious cycle of child
molestation, it is in the best interest of the public safety of our children
that legislation be enacted that mandates a prison term of life without parole
for the pedophile who commits a sexual assault on a child; and
WHEREAS eliminating the possibility of parole also relieves children and
the families of these innocent victims from the horror of having to relive
their personal tragedy every few years at parole hearings; and
WHEREAS eliminating the possibility of parole acts to prevent other
children and families from falling victim to the convicted pedophiles repeat
behavior.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners urge the Michigan State Legislature to establish a mandatory
life sentence without parole eligibility for sexual assaults committed by
pedophiles against children.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
further urges that the Michigan State Legislature to consider amendments to
our parole system in order to eliminate the possibility of currently convicted
pedophiles from being eligible for early release.
BE IT FINALLY RESOLVED that copies of this adopted resolution be
forwarded to Governor Engler, all State Legislators, Michigan Association of
Counties, and Oakland County’s legislative agents.
Chairperson, I move the adoption of the foregoing resolution.
SHELLEY GOODMAN TAUB, DISTRICT #12
The Vice-Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XII.G, the Chairperson made the following
referrals:
Commissioners Minutes Continued. June 14, 2001
352
GENERAL GOVERNMENT
a. Saginaw County Board of Commissioners – Support of Senate Bill 63
Proposed to Increase Fees in the Register of Deeds Office
b. Huron County Board of Commissioners – Resolution 01-114 Agreement
with the proposed amendments of the by-laws of Michigan
Association of Counties be sent to all Michigan counties.
PLANNING AND BUILDING
a. Letter from T. McMullen – Parking at Oakland County Farmers Market
There were no objections to the referrals.
The Board adjourned at 11:15 a.m. to the call of the Chair or June
28, 2001 at 9:30 a.m.
G. WILLIAM CADDELL FRAN AMOS
Clerk Vice-Chairperson