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HomeMy WebLinkAboutMinutes - 1985.10.10 - 7280OAKLAND COUNTY Board Of Commissioners MEETING October 10, 1985 • • Meeting called to order by Chairperson Riehard R. Wilcox at 7:45 P.M. in the Courthouse Auditorium, 1200 N. Telegraph', Pontiac, Michigan. Invocation given by John E. Olsen. Pledge of-Allegiahce to the Flag. Roll cal led. PRESENT: Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard Kuhn, Susan Kuhn, Lanni, McConnell, McPherson, Moffitt, Nelson, Olsen, Perinoff, Price, Rewold, Skarritt, Webb, Wilcox. (21) ABSENT: Aaron, taw, McDonald, Moore; Page, Pernick. (6) Mr. Law and Mr. More absent With prior notice. Quorum- present. Moved by Moffitt supported by Gosling the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Skarritt supported by Page the Journal for the June Session be approved and closed and the June Session stand adjourned sine. die. A sufficient majority having voted therefor, the motibn carried. OCTOBER SESSION October 10, 1985 Meeting called to onder by Chairperson Richard R. Wilcox: Roll called, PRESENT: Aaron h; Caddell, Caianclro,, Doyon, Fortino, Gosling, Hassberger,-- Hobart, Richard Kuhn, Susan Kuhn, Lanni, McConnell, McDonald, McPherson, MOffitt, Nelson, Olsen, Page, Perinoff, Perniek, Price, Rewold, Skarrift, .Webb, Wileb -X. (25) ABSENT: Law, Moore. (2) - Quroum present. Mr. Moore and Mr. Law were absent with prior notice. Moved by Susan Kuhn supported by Moffitt the agenda be approved as presented. A sufficient majOrity having voted therefor, the motion carried. Douglas Witalec of Union Lake addressed the Board regarding a problem he is having with the Health Department. Dr. Caddell requested this matter be referred to the Health and Human Resources Committee for investigation. Seconded by Mr. Doyon. There were no objections. 323 . Commisioners Minutes Continued. October IC, 1985 Misc. 85286 - By Finance Committee IN RE: Facilities Engineering Division FUNDING FOR MAINLAND DRAIN - PHASE 1 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: . . WHEREAS- by Miscellaneous Resolution ft85233 ; the Board of Commissioners authorized the Drainage Board for the Mainland Drain to reeeive bids for the construction of a storm drain as a replacement for the deteriorating I8-inch pipe as a part of the Mainland Drain at an estimated cost of $114,000; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received and opened on September 24, 1985; and WHEREAS the Drainage Board for the Mainland Drain has reviewed all bids submitted and recommends that the lowest responsible bidder, Polsinelli Construction Company of Warren, Michigan be awarded a contract for construction work in the amount of 5138,950; and WHEREAS additional costs are -estimated to be $18,050; and WHEREAS the total cost of the above mentionecf construction is estimated to be $157,000 as detailed in the attached schedule; and WHEREAS funding of $157,000 for the above mentioned construction is available in the 1985 Capital improvement plan for Utilities, Parking Lots and Roads section; and WHEREAS upon completion of the Mainland Drain, the County's assessment will be credited for the funding appropriated in this resolution for the Mainland Drain Phase I. NOW THEREFORE BE IT RESOLVED that funds of $157,000 be made available from the 1985 Capital Improvement Program Utilities, Parking Lots and Roads Section for the Mainland Drain Phase I. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Perinoff the resolution be adopted. AYES: Hassberger, Hobart, R. Kuhn, S. Kuhn, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Perinoff, Pernick, Price, Rewo1d, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandre, Doyon, Fortino, Gosling. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 85287 By Finance Committee IN RE: Health Division FUNDING EXTENSIONS FOR WIC, SERVICES TO CRIPPLED CHILDREN, MATERNAL & CHILD HEALTH, HYPERTENSION AND SUDDEN INFANT DEATH SYNDROME GRANTS THROUGH DECEMBER 31, 3985 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Public Health (.M.D.P.H.) is in the process of imple- menting a calendar year based Comprehensive Planning and Budgeting Contract with local health de- partments for selected grant funded programs; and WHEREAS as part of this process, M.D.P.H. has extended funding for the following Health Division grants through December 31, 1985: WIC, Services to Crippled Children; Maternal 5 Child Health, Hypertension and Sudden Infant Death Syndrome; and WHEREAS these grants were previously funded through September 30, 1985; and WHEREAS it is recommended the 1985 Budget he amended to reflect $265,815 in additional grant funding, per the attached schedule, NOW THEREFORE BE IT RESOLVED that the 1985 Budget be amended to reflect $265,815 in additional grant funding as follows: Extension Amount WIC $i54,503 Hypertension 16,364 M.C.H. Block Grant 55,543 Services to Crippled Children 36,805 Sudden Infant Death Syndrome 2 ;000 M-5,131 5 Mr. Chairperson, on behalf of the Finance: Committee, 1 move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by liassberger the resolution be adopted. Commissioners Minutes Continued, October 10, 1985 • 324' AYES: Hobart, R. Kokin, S. Kuhn, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Perinoff, Pernick, Price, Rewoid, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandra Doyon, Fortino, Gosling, Hassberger. (23) . NAYS: None. (0) A sufficient Majority having voted therefor, the resolution was adopted. Misc. 85288 By Finance C511 1: IN RE: 1985 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATE To the Oakland County Board of Commissioner, Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage tax rate of 5.26 mills; a voted .25 mill for Parks and Recreation; and WHEREAS the Huron-Clinton Authority has requested the County to apply a .25 will property tax rate; and WHEREAS the combined rollback required by Art. 9, Sec. 31 of the Michigan Constitution, the Headlee Tax Limitation amendment, has authorized the County tax rate of 5.26 mills, the Parks and Recreation tax rate of .25 mill and the Huron-Clinton Authority rate which remains at .25 mills; and WHEREAS Public Act 233 of 3581, "Truth in Assessing" Act requirements, sets the maximum allowable County tax rate at 5.26 mills and the Parks and Recreation Tax Rate at .25 mill; and WHEREAS Public Act 5 of 1982, "Truth in Taxation" Act, requires the County Board of Commissioners to hold a public hearing if the recommended Property Tax rate exceeds the allowable Base Tax Rate of 4.5148 mills; and WHEREAS they County Executive recommends that there be no increase in the County General Fund current property tax rate; and WHEREAS it is recommended that the 1985 County General fund Property Tax rate be set at 4.6391 mills, .6209 mill below the maximum allowable tax rate and the Parks and Recreation tax rate at .2500 mill, the maximum allowable tax rate (provided that the County General Fund Property Tax rate not be changed from 4.6391 mills); and WHEREAS $71,070,764 is the amount of the 1986 County Budget te be raised by taxation based on the 1985 Equalized Valuation of $15,315,946,552 at the recommended tax rote of 4,6351 mills, together with the voted .2500 mill for Parks and Recreation or $3,829,587 and the .2500 mill for the Huron-Clinton Authority or $3,825,987. NOW THEREFORE BE rT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County be and they are hereby authorized and directed to spread on their respective township or city tax rolls for the year 1985 the following tax rates to be applied to their 1985 equalized valuation: 1985 County Voted for Huron-Clinton General Property Tax Levy Parks and Recreation Authority '4.6391 mills .2500 Mill .2500 mill BE IT FURTHER RESOLVED that the setting of the Parks and Recreation tax rate of .2500 mill is with the provision that the County General Fund Property Tax rate not be changed from 4.6391 mills. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption Of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson The Chairperson made the following statement: "At this time a Public Hearing is called on the 1985 County General Fund Property Tax and Parks and Recreation Tax Rate. Notice of the Public Hearing was published in the Oakland Press on October 6, 1585. Are there any persons present wishing to speak on the Public Hearing?" No persons requested to speak and the Public Hearing was declared closed. Moved by Caddell supported by Hassberger the resolution be adopted. The Chairperson stated the resolution will lay over until the next regular Board Meeting to be held on October 24, 1985. There were no objections. REPORT By General Government Committee IN RE: CANVASSING BOARD APPOINTMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having received the recommendations of the Republican Committee of Oakland County and the Oakland County Democratic Party, pursuant to Michigan election statutes, hereby recommends the following appointments to the Canvassing Board: 325 Commissioners Minutes Continued. October 10, 1985 Dallas E. Haun, Republican - Four-Year Term Ending October 31, 1989 Barbara Brinker, Democrat - Four-Year Term Ending October 31, 1989 • Mr. Chairperson, on behalf of the General Government Committee, 1 move the acceptance of thd fbregoing report. GENERAL GOVERNMENT COMMITTEE John E. Olsen, Chairperson Moved by Olsen supported by Aaron the report be accepted and the nominations be confirmed. Mr. Doyon opposed the motion for confirmation of the nominations presented by the General Government Committee. Moved by Doyon supported by Perinoff the report be amended by striking the name of Dallas Haun and inserting Patricia Sanderson, Republican candidate; and leave Barbara Brinker's name as the Democratic candidate. Discussion followed. Mr. Rewold stated because of the lack of a legal opinion on the legality of the nomihatiOns as presented, he would like the report referred back to the General Government Committee. Seconded by' -MS. Hobart. Discussion followed. Vote on referral: AYES: R. Kuhn, Lanni, McConnell, McDonald, Moffitt, Nelson, Rewold, Skarritt, Webb, Fortino, Gosling, Hobart. (l2) NAYS; S. Kuhn, McPherson, Olsen, Page, Perinoff, Pernick, Price, Wilcox, Aaron, Caddell, Calandro, Doyon, Hassberger. (13) A sufficient majority not having voted therefor, the motion failed. The Chairperson cleared the floor of all nominations and said the motion to accept the report was before the Board. Mr. Wilcox stated a '''yes" vote will accept the report. The vote was as follows: AYES: S. Kuhn, Lanni, McDonald, McPherson, Moffitt, Olsen, Page, Perinoff, Pernick, Price, ReWold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhh. (23) NAYS: Nelson. (I) A 'sufficient majority having voted therefor, the report was accepted. Mn. Wilcox. stated the persons recommended in the report were now placed in nomination and asked for further nomlhations .from the floor. Mr. Lanni made a motion to strike Barbara Brinker's name and insert Kay Brady's name as DeMocratic candidate. Mr. Doyon nominated Patricia Sanderson as the Republican candidate. DiscuSsion followed. Moved by McPherson supported by Gosling that nominations be closed. A sufficient majority having voted therefor, the motion carried. Mrs. McConnell stated because she felt all candidates were, improperly nominated, she can not make a choice between the candidates; therefore she would abstain froM voting. The Chairperson ruled this a Valid reason to abstain from voting. The votes were as follows: Lanni - Abstain McConnell - Abstain McDonald - Abstain McPherson - Sanderson, Brinker Moffitt - Abstain Nelson - Abstain Olsen Haun, Brinker Page Abstain Perinoff - Hauh, Brinker Pernick -.Haun, Brinker Price - Sanderson, Brinker Rewoid - Abstain Commissioners Minutes Continued. October 10, 1985 326 Skarritt - Abstain Webb - Abstain • Wilcox - Haun, Brinker Aoron • . Haun, Brinker Caddell - Haun, Brinker Calandro - Roan, Bminker Doyon - Sanderson, Brinker fortinit - Abstain Gosling . - Hassberger - Abstain- Hobart Agstal• R. Kuhn - Abstain S. Kuhn - Absfoin ' The results of the roll call vote was Dallas Haun - 7 Patricia Sanderson - 3 Barbara Brinker - 10 Abstain 15 The Chairperson stated no one had received the required 14 votes, therefore no one was elected. Mr. Wilcox referred the appointment to the County Clerk ben- his -determination. • Mr. Doyon requested Civil Counsel make a report. of the legal process for the selection of a candidate. Seconded by Mrs. McConnell. MiSc. 85289 By General Government Committee IN RE: SENATE BILL 4 (OPPOSE CONCEPT) CREATMG A STATE HEALTH PROMOTION AND RISK REDUCTION COMMISSION To the Oakland County Board of Commissioners. Mr. Chairperson, Ladies and Gentlemen: WHEREAS any effort aimed at providing preventive health services that hopefully would result in a subsequent reduction of health care costs merits consideration; and WHEREAS Senate Bill 4 Which has passed the Senate and awaits House action is known as the "Vitality in Michigan" bill because it calls for the establishment of an organized system to provide preventive health care services; and WHEREAS one of the main provisions of this proposed legislation is the creation of the eighteen-member Health Promotion and Risk Reduction Commission within the State Department of Public Health; and WHEREAS the commission would be made up of three appointees of the Governor, three Senate Majority Leader appointees, three Speaker of the House appointees, the director of the State Department of Public Health and eight state department heads or their designees; and WHEREAS considering the large number of people specified for the commission, the fact: that there are three appointing authorities involved and the provision that the commission is required to meet only one time quarterly raise serious questions about the effectiveness of this body in coordi- nating a statewide program•and determining what Oakland County and other communities should do in the area of health promotion and risk reduction; and WHEREAS earlier this year the Health and Human Resources Committee of the Oakland County Board of Commissioners took a position opposing Senate Bill 4 and referred the bill and recommendation for opposition to the Genera! Government Committee. NOW THEREFORE BE IT RESOLVED that the Oaklan.d County Board of Commissioners goes on record as opposing the concept of the creation of a Health Promotion and Risk Reduction Commission as con- tained in Senate Bill 4. BE IT FURTHER RESOLVED that copies of this resolution- be sent to all State Representatives from Oakland County and to the County's Legislative Agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE John E. Olsen, Chairperson Moved by Olsen supported by Fortino the resolution be adopted. AYES: McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, ReWold, Skarritt, Webb, Wilcox, Aaron, Caddell, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni. (21) NAYS: Perinoff, Pernick, Price. (3) A sufficient majority having voted therefor, the resolution was adopted. Misc. 85250 By General Government Committee IN RE: BUREAU OF STATE LOTTERY REGION I OFFICE - OPPOSITION TO PROPOSED MOVE To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS it has been proposed that the Bureau of State Lottery Region / Office be moved from 327 Commissioners Minutes Continued. October 10, 1985 its present location at Eight Miie and Greenfield Roads in Oak Park to the State of Michigan Executive Plaza near downtown Detroit; and WHEREAS the population center for the SEMCOG seven-county region is one mile from the present office. location which should remain convenient for the entire suburban region; and • WHEREAS Region 1 produces 62 percent of the State's tottery revenue, and any reduction in Region' I safes, due to travel to an inconvenient location to cosh a winning ticket, could result in a loss of revenue to the State; and WHEREAS a State office moving out of southern Oakland County sends out a signal to other building tenants which the area cannot afford as the loss of tax base resulting from the 1-696 rght- of-way may not be replaced until well after completion of the expressway; and WHEREAS the present location has more than adequate space for expansion of the regional offiCe in the present building or in nearby buildings. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners goes an record as opposing the proposed move of the Bureau of State Lottery Region I Office. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, all Oakland County Legislators, Commissioner of the Bureau of State Lottery and the Director of the Department of Management and Budget.' Mr. Chairperson, on behalf of the General Government Committee,.I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE John E. Olsen, Chairperson Moved by Olsen supported by Webb the resolution be adopted. AYES: McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perfnoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling Hassberger, Hobart, R. Kuhn, S. Kuhn-, Lanni, McConnell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 85285 By Personnel Committee IN RE: Central Services/Safety Division CREATION OF ONE (I) P.T.M.E. BUILDING SAFETY ATTENDANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the South Oakland Health Center conducts clinic's and classes after regular work hours; and WHEREAS there have been incidents that threaten the safety of Health Center employees and of the public; and WHEREAS there have also been Incidents of vandalism to the building and grounds: and WHEREAS the Safety Division is charged with the responsibility of providing security for all County owned or leased properties and for individuals on such property; and WHEREAS the Safety Division does not currently have sufficient staff to assign to the South Oakland Health Center, NOW THEREFORE BE l.T .RESOLVED that one (1) governmental P.T.N.E. (1,000 hour) Building Safety Attendant be created in the Safety Division of Central Services and be assigned on a per- manent basis to the South Oakland Health Center. Mr. Chairperson, on behalf of the Personnel Committee, 1 move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John J. McDonald, Chairperson FISCAL NOTE By. Finance Committee IN RE: Central Services/Safety Division CREATION OF ONE (I) P.T.N.E. BUILDING SAFETY ATTENDANT (Miscellaneous Resolution N85285) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution N85285 and finds that: 1) Creation of one (1) Building Safety Attendant be effective October. 12, 1985, 2) The cost of this position for the remainder of 1985 is $1,572, consistent with the attached schedule, 3) Said funds available in the 1985 Salary Contingency Account, 4) The Board of Commissioners appropriates $1,572 from the 1985 Salary Contingency Account and transfers said amount to the 1985.Safety Division Budget as follows: Appropriations 10100-132-02-00-i001 I0100-509-01 -00-9901 $1,572 ,572 ) rovides: Commissioners MinutGs Continued, October IC, 1985 . .328 Total FINANCE COMMITTEE C. William Caddell, Chairperscn Moved by McDonald supported by Hassberger the resolution• (with Fiscal Note attached) be adopted. AYES: McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Dcyon, Gosling, Hassberger, Hobart, R. Kell!l. S. Kuhn, Lanni, McConnell, McDonald. (24) NAYS: Fortino. (1) A sufficlent majority having voted therefor, the resolution. (with Fiscal Note attached) was adopted. Misc. 85291 By Personnel Committee IN RE: Oakland County Employees Retirement' Commission CHANGES TO OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM, SECTION 2(r): DEFINITIONS, AND SECTION 19(a): SERVICE CREDIT To the Oakland County Board of Commissioners Mr.. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, on September 12, 1985, adopted Miscellaneous Resolution 85232 which provides for changes in employee fringe benefits; and WHEREAS it is necessary to amend Sections 2(r) and I9(a) of the Oakland County Employees' Retirement System to implement said fringe benefit changes to service credit accumulation by part- time employees; and WHEREAS the Oakland. County Employees' Retirement Commission has approved changes to Sections 2(r) and . 19(a); and WHEREAS Oakland County Employees' Retirement System, Section 2(r): Definitions, currently provides: . • "Employee' means any person, not excluded. In Section 16(b), who is in ,the..employ of the County and who is paid by the County 30 percent or more of all remuneration received by him for personal services rendered by him to all governmental units." and WHEREAS Oakland County Employees' Retirement System., Section 19(a): Service Credit, currently "The Service rendered by a member shall be credited him by the Commission - in accordance with such rules and regulations, consistent with the provisions of this resolution, as the Commission shall from time to time adopt. In no case shall less than ID days of service rendered by a member in any calendar month be credited him as a month of service; nor less than 10 months of service rendered by him in any calendar year he credited as a year of service; nor shall more than one year of service be credited any member for all service rendered by him in any calendar year; nor shall. he be credited with service .rendered after his determination date." NOW THEREFORE BE IT RESOLVED that Section 2(r) of the Oakland County Employees' Retirement System entitled "Definitions" be amended to proVide as follows:• Definitions:. • • Section 2: (r) "Employee" means any person, not excluded in Section I6(b), who is in the employ of the County and who Is paid by the County 30 percent or more of all remuneration re- ceived by him for personal services rendered by him to all governmental units. For pur- poses of crediting service rendered, employees Shall be Considered as either of two classes: (1) Full-time employees are those whose appointments are for full time, (2) Part-time employees are those whose appointments (or work schedule) are for more than 1000.hours but less than full time. BE IT FURTHER RESOLVED that Section 19(a) of the Oakland County Employees' Retirement System entitled "Service Cedit" be amended to provide as follows: Service Credit: Section 19: (a) The service rendered by a member shall be credited him by the .Commission in accordance with such rules and regulations, consistent with the provisions of this resolution; as the. Commission shell from time to time adopt. For full-time employees, 329 Commfssioners Minutes Continued. October 10, 1985 in no case shall less than ten (10) days of service rendered by a member in any calendar month be credited him as a month of service: nor less than ten (10) months of service rendered by him in any calendar year be credited as a year of service. Ear part-lime employees, service credit in a calendar year shall be one year multiplied by the following fraction: The. numerator shall he the number of hours worked during the year, and the. denominator shall be full-time hours for the year. Not more than one year of service hall he credited any member for Ali ,iervicn rcndnred hi him in i-loy year; nor nor shall he be credited with servico rendered after his dclerminatiun (Mtn. Mr. Chairperson, on behalf of the Personnel Committee, t move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John J. McDonald, Chairperson Moved by McDonald supported by Moffitt the resolution be adopted. AYES: Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart; R. KUhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson, (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 85292 By Personnel Committee IN RE: Oak land County fmotoyee.,' Retiremeni Commi ,o,ion CHANGES TO OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM. SECTION 29: NON-DUTY DEATH RETIREMENT ALLOWANCE- AUTOMATIC PROVISION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Section 29 of the Oakland County Employees '• Retirement System currently provides for automatic spousal benefits For employees who die while in County employment only if the employee has either 15 years of credited service or has attained the age of 60 years with 10 or morn years of credited service; and WHEREAS Section 29 provides: Any member who continues in the employ of the County on or after the date he either (Y) acquires 15 years of credited service, or (2) attains age 60 years and has 10 or more years of credited service, whichever occurs first, and does not have an Option A election in force, as provided in Section 28 and (1) dies while in County employment and (2) leaves a SPOUSE, whom the Commission finds to have been dependent upon the member for at least 50 per cent of his financial support, the SPOUSE shall immediately receive a retirement allowance computed 10 the same manner in all respects as if the member had (1) retired the day preceding the date of his death, notwithstanding that he might not have attained age 60 years, (2) elected Option A provided in Section 27, and (3) nominated his SPOUSE as beneficiary. No retirement allowance shall be paid under this section on account of the death of a member if any benefits are paid or payable under Section 34 on account of his death." WHEREAS the Oakland County Employees' Retirement Commission approved changes ,o Section 29 guaranteeing automatic spousal benefits after the death of an employee if that employee had vested in the County plan; and WHEREAS the Oakland County Board of Commissioners approved such changes on February 26, 1985 pursuant to Miscellaneous Resolution 85059; and WHEREAS said change was in conformity with the Federal Retirement Equity Act; and WHEREAS the State of Michigan, through the Office of the Attorney General, on June 19, 1985 rejected said changes in Section 29 as not in conformity with Section 12a(5) of the County Pension Plan Act; and WHEREAS the Oakland. County Employees' Retirement Commission, desirous of accomplishing the same goals, approved changes to Section 29 which provide spousal benefits to employees which conform with the County Pension Plan Act. NOW THEREFORE BE IT RESOLVED that Section 29 of the Oakland County Employees' Retirement System entitled "Non-Duty Death Retirement Allowance - Automatic Provision" be amended to provide as follows: Non-Duty Death Retirement Allowance - Automatic Provision: Section 29: 7-a-T- Any member who continues in the employ of the County for more than ten (10) years, but less than fifteen (15) years and (1) dies while in County employment and (2) leaves a SPOUSE, the SPOUSE shall immediately receive a retirement allowance computed in the same manner in all respects as if the member had (1) retired the day preceding the date of his death, notwithStanding that he might not have attained age 60 years, Commissioners Minutes Continued. October 10, l985 (2) elected Option B in Section 27, and (3) nominated his SPOUSE as beneficiary. (b) Any member %....no continues in the employ of the County on or after the date he either (1) acgulie:i Fifteen 05) years of credited service, or (2) attains 60 years and has ten ( 0) or more years of credited service, ,Allicher otcUts rst, and does not have an Option A election in force, as provided in Section 28 and (I) dies while in County employment and (2) leaves a SPOUSE, the SPOUSE shl rmediately receive a retirement allowance computed in the sonic p'winnor in all respectsas I the member had (I) retired the day preceding the date oi hi., death, notwithstanding that he might not have attained age 60 years, (2) elected Option A provided in Section 27, and (3) nominated His SPOUSE as beneficiary. BE IT FURTHER RESOLVED that the amendment to Section 29 of the Oakland County Employees' Retirement System be effective July 1, 1985. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the, foregoing resolution. PERSONNEL COMMITTEE John J. McDonald, Chairperson Moved by McDonald supported by Skarritt the resolution be adopted. AYES: Nelson, Page.,. Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolUtion was adopted. Misc. 85293 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section 52/2 DISTRICT COURT - SECOND STORY STORAGE ACCESS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies. and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution 85235, adopted August 22, 1985, this Board approved the plans, specifications and lease for a facility to serve as the 52/2 District Court as proposed by the Rademacher Group Ni; and WHEREAS the second story of said facility can be utilized by the County as a storage area; and WHEREAS barrier-free, access for the handicapped requirements mandate that a lift or elevator device be provided for a second-story area, and WHEREAS the Rademacher Group ill, in its proposal, offered 1,000 - square feet of storage area at no charge to the County, provided, the County provides access to said area; and WHEREAS the cost of a basic lift device is $6,000; and WHEREAS the Rademacher Group #1 has agreed lo -install an elevator to the second story, at a cost of approximately $30,000, and has agreed to absorb all. costs in excess of $6,000; and WHEREAS the Rademacher Group N1 in its proposal offered to provide additional storage in the second story of said facility, at a cost of $3.25 per square foot per year for all area over 1,000 square feet; and' WHEREAS the Department of Corporation Counsel recommends the County (alter into an Addendum to the Lease of August 22, 1985 to provide for 1,000 square feet of storage area at no cost to the County in exchange for the $6,000 mechanical costs and an option for futureuse of storage. at $3.25 per square foot per year. NOW THEREFORE BE IT RESOLVED that the Oakland. County Board of Commissioners approves the Addendum to the Lease with the Rademacher Group NI which provides 1,000 square feet of storage area in the second story of. the 52/2 District Court facility at no cost to the County and provides for the payment by the County to the Rademacher Group #1 of the sum. of $6,000 for the installation of an elevator access to the second story, and provides for an option to lease the remaining square footage in the second story over 1,000 square feet at a cost of $3.25 per square foot per year. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is directed to execute said Addendum to the Lease on behalf of the County. Mr. Chairperson, on behalf of the Planning and Butldihg Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne H. Hobart, Chairperson Moved by Hobart supported by Richard Kuhn the resolution be adopted. 330 The Chairperson referred the resolution tz, the Finance Committee. There were no objections. The Board adjourned at 8:45 p.m. LYNN D. ALLEN Clerk RICHARD R. WILCOX Chairperson 1 331 Commissioners Minutes Continued, October 10, 198$ Misc. 85294 By Mr. Nelson IN RE: Board of Commissioners MILLAGE REDUCTION FUND To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and - Gentlemen: WHEREAS in 1982, the State of Michigan Tax Comnitision increased the equalized value of all residential property in Oakland County by approximately V; and WHEREAS the Oakland County Board of Commissioners initiated a lawsuit challenging this action by the State Tax Commission; and WHEREAS the Michigan Supreme Court has decided that the action of the State Tax Commission. was not inappropriate and the 1982 residential SEW will not be reduced; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 82352 established a $2.8 miliion reserve fund representing the county taxes generated from this increase In equalized value of residential properties; and WHEREAS a re(hind of this money via a millage reduction in 1986 would result in 37$ of the tax reduction benefiting commercial, industrial and personal property owners, which would not be an equitable return for residential property owners who paid the tax on the increased SEW; and WHEREAS state law requires that all classes of taxpayers be treated equally and would prohibit a tax reduction or direct refund to residential taxpayers only; and WHEREAS the Board of Commissioners desires to utilize these reserve funds in a manner that would best meet the needs of the residential taxpayers who paid these additional taxes; and WHEREAS there exists various state statutes which allow county participation in the funding of projects benefiting local residents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners allocate the $2.8 million reserve fund to the local cities and townships in proportion to the 1982 residential taxes paid by their residents (per attached schedule), such funds to he used for support of cities and townships share of road projects, solid waste, the 9-1-1 system, economic development and/or other projects in which Oakland County may legally participate. Specific projects utilizing these funds are to be approved by the local governmental units after consultation with their respective county commissioners. Ralph H. Nelson, Commissioner District f!6 John P. Calandro, James E. Lanni, Robert W. Page, John J. McDonald, G. William Caddell, Nancy McConnell, John E. Olsen, Roy Rewold, Richard. D. Kuhn, Jr., Richard R. Wilcox, Richard G. Skarritt, Marilynn E. Gosling, Anne M. Hobart, David C. Moffitt, W.A. Hassberger The Chairperson referred the resolution the Finance Committee, There_ were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a, Rochester Hills (Oppose) HB 4552, Amends State Election Laws b. Orchard Lake Village - 48th District Court Resolution c. Muskegon S Ottawa Counties - Request for Legislative Changes Which Would Reduce Governmental Insurance Costs d. West Bloomfield - 48th District Court Resolution PUBLIC SERVICES a. Orchard Lake Village - 48th District Court Resolution B. Sheriff's Department-Additional Employee for Crime Victim Rights Act Administration c. Valentino v. Oakland County Sheriff-Notice of Postponement d. West Bloomfield-48th District Court Resolution PLANNING AND BUILDING a. WDIV-Request for Office Space in Courthouse B. Calhoun County-Requests Local Control for Contracting Studies with "Clean Michigan Funds" OTHER REFERRALS Sheriff -- Sheriff's Department - Suicide Prevention Seminar Management & Budget Equalization-Commercial Facilities Exemption, Mammouth Investment Co. Equalization-Commercial Development District, Olsson Real Estate, Oxford Equalization-Commercial Redevelopment District, Highland County Executive City of Novi - 9-1-1 Signed Agreement There Were no objections to the Referrals. The Chairperson announced the next meeting of the Board will be October 24, 1985 at 9:30 a.m.