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HomeMy WebLinkAboutMinutes - 1975.03.19 - 74851IS OAKLAND COUNTY Board Of Commissioners MEETING March 20, 19/5 Meet ing called to order by Chairman Fred D. Houghten at 9:40 A. H. in the Court House Auditorium, 1200 North telegraph Road, Pontiac, Michigan. Invocation given by Henry W. Hoot. Pledge of Allegiance to the Flag. Roll called. PRESENT: Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson. (26) ABSENT: Gabler. (1) Quorum present. Moved by Patterson supported by Roth the minutes of the previous meeting be corrected on page 107, by changing the 'Nay Votes' to read: Hoot, Dunleavy, Patterson (3) regarding resolution Support Designation of S.E.M,C.O.G. As 208 Planning Agency. A sufficient majority having voted therefor, the motion carried. Moved by Moffitt supported by Roth the minutes of the previous meeting be approved, as corrected. A sufficient majority having voted therefor, the motion carried. Clerk read card of thanks from Pat Daly. Clerk read letter from Everett T. Nero, 82016, DFO Engineering Division .requesting an increase in Cost of Living. . Clerk read letter from R. Eric Reickel, Director, Parks and Recreation commission regarding the feasibility of a county park on the Red Run Drain. Clerk read resolutions from Frank P. Wilcox, Jr., Chairman, Calhoun County Board of Commis- sioners concerning Medical Malpractice Insurance and the stabilliation of assessed valuation on iI r t y . Clerk read resolution From Chippewa County Board of Commissioners to effect a moratorium on any increase in state equalized and assessed valuation of all real property in the State of Michigan upon which additional improvements have not been made in the years 1974 and 1975. The Chairman stated the April 15, 1975 meeting be changed to April 17, 1975 9:30 A. M.; also, the May 1, 1975 meeting will be held at 1:00 P. M. Moved by Olson supported by Price the presentation of a film regarding a county park on the Red Run Drain be presented to the Board at the April 3, 1975 meeting. A sufficient majority having voted therefor, the motion carried. MISC. 7017 By Mr. Perinoff IN RE: COMMENDATION - RAYMOND J. ALEXANDER To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Raymond J. Alexander will retire from County service on March 28, 1975; and WHEREAS his public service career began with the Michigan State Highway Department as Metropolitan Project Engineer from 1928 through 1939; from 1939 to 1943 on assignment with the National Resources Planning Board, and thereafter from 1943 to 1957 he entered private industry 116 Commissioners Minutes Continued. March 20 1975 dealing in sewer, water and excavation as General Manager for construction contractors; and WHEREAS Raymond J. Alexander served in public office as: Former Councilman of the City of Oak Park Former Mayor of the City of Oak Park Three years on the Planning commission of Oak Park . Two years on the South Oakland Planning Council Fourteen years on the Oakland County Planning Commission Delegate at large of S.E.M.C.O.G. and member of various S.E.M.C.0,G. committees; and WHEREAS in 1957 through 1959 he served as Deputy Director of Public Works for the County • of Oakland and as Director from 1959 to 1975, and under his guidance 55 projects totaling $113,000,000 have been completed, with another 20 projects totaling $134,000,000 being under various stages of construction; and WHEREAS in 1974 he was awarded the "Raymond J. Faust Award" emblematic of "Water Man of the Year' by the American Water Works Association, Michigan Chapter; NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby officially commends Raymond J. Alexander for his inspirational leadership, engineering expertise, and guidance of the many public works projects that have made possible the tremendous growth of Oakland County. BE IT FURTHER RESOLVED that this Board extends best wishes to Raymond J. Alexander and his wife Gladys for their continued success and a retirement well deserved. Mr. Chairman', on behalf of the entire membership of this Board, I move the adoption of the foregoing resolution. OAKLAND COUNTY BOARD OF COMMISSIONERS Fred D. Houghten, Chairman James W. Dunleavy, Vice Chairman Alexander C. Perinoff, Commissioner -District #21 The resolution was unanimously adopted. Misc. 7018 By Mr. McDonald IN RE: COMMENDATION OF PAUL F. KASPER FOR MICHIGAN JAYCEES AWARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Paul E. Kasper was selected from a large number of nominees to receive the award from the Michigan Jaycees as one of the five Outstanding Young Men in Michigan in 1974; and WHEREAS this Board commends Mr. Kasper on his achievements and contributions to civic, governmental and political activities which earned him this award; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners commends Paul F. Kasper for the honor accorded him by the Michigan Jaycees in selecting him as one of the five Out- standing Young Men in Michigan in 1974. Mr. Chairman, on be of the entire member5hip of this Board, I move the adoption of the foregoing resolution. OAKLAND COUNTY BOARD OF COMMISSIONERS Fred D. Houghten, Chairman James W. Dunleavy, Vice Chairman John J. McDonald, Commissioner - District #27 The resolution was unanimously adopted. Misc. 7019 By Mr. Wilcox IN RE: COMMENDATION - FAAZER W. STAMAN To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Frazer W. Staman, a former member of the Oakland County Board of Supervisors and the Board of County Road Commissioners has retired from County service; and WHEREAS his long and dedicated public service career Includes being Supervisor of Novi Township, which later became a City; member of the Oakland County Board of Supervisors for 10 years, served two six-year terms as a member of the Board of County Road Commissioners, which service was completed in December of 1974, and served on the school board in Novi School District 88; and WHEREAS he gave of his time and resources in the best interests of all of the citizens of our great County; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby commends Frazer W. Staman for his public service and dedicated efforts that have aided in making our community a better place in which to work and live; and further, extends best wishes for his future success. Mr. Chairman, on behalf of the entire membership of this Board of Commissioners, I move the adoption of the foregoing resolution. OAKLAND COUNTY BOARD OF COMMISSIONERS Fred D. Houghten, Chairman James W. Dunleavy, Vice Chairman Richard R. Wilcox, Commissioner - District #1 Commissioners Minutes Continued, March 20, 1975 117 The resolution was unanimously adopted. Moved by Patterson supported by Button that the items on the Supplemental Agenda be approved in accordance with Rule XIV. A sufficient majority having voted therefor, the motion carried. Misc. 7020 By Mr. Wilcox IN RE: AUTHORIZATION TO BORROW AGAINST ANTICIPATED DELINQUENT TAXES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS on March 1, 1975, this Board of Commissioners adopted a resolution establishing an Oakland County Delinquent Tax Revolving Fund pursuant ; to Section 87b of Act No, 206 of the Public Acts of 1893, as amended, and it appears desirable to borrow-to fund part of said Fund for the 1974 Delinquent taxes; and WHEREAS the purpose of this Fund is to allow the County Treasurer to pay from the Fund any or all delinquent tares which are due and payable to any school district, intermediate school district, community college district, city, township, special assessment or drain district or other political unit or county agency for which delinquent tax payments are due on settlement day with the county, city or township treasurer and he had heretofore been directed to do so by this Board of Commissioners; - and WHEREAS it is hereby determined that it is necessary that this County borrow a sum not to exceed twenty two Million Dollars ($22,000,000._) and issue its notes in anticipation of the collect- ion of the 1974 delinquent taxes which become delinquent on March 1, 1975, and deposit the proceeds thereof in the aforesaid Delinquent Tax Revolving Fund; and WHEREAS such borrowing is authorized by Chapter 4 of Act No. 202 of the Public Acts of 1943, as amended; and WHEREAS the total amount of unpaid 1974 delinquent taxes which will be outstanding on March 1, 1975 is estimated to he in excess of .::2,,000,000, exclusive of Interest, fees and penal ites. NOW THEREFORE III IT RESOLVED BY THI ff!ABD OF COMMISSIONERS OF OAKLAND COUNTY, as follows: I. the County shall borrow twenty; two Million Dollars ($22,000,000) or such part thereof wi will represent not to exceed the exact amount of 1974 delinquent taxes outstanding on March I, 19/5 exOusive ol Interest , fees and penalilles and as the Municipal Finance Commission may ailthorlie, and I'dair Ii', HGelieral Ohligal ion lax Revolving ftmd Notes, Serles 1975 0 , hereinafter referred to as lin: "moles" in anticipal ion of the collection ol the 1974 delinquent taxes outstanding and unpaid on March I, 1975, as specified above, the proceeds or which notes shall be placed In and used as the Whole or part; 'of the Oakland County Delinquent Tax Revolving Fund Account No. 46192. Notes shall only be issued in multiples of $5,000 and shall have interest coupons affixed thereto. 2. The said notes shall bear interest payable November 1, 1975, May 1, 1976 and each November 1st and May 1st thereafter until maturity which interest is not to exceed six percent WO per annum. Said notes shall be issued in denominations of $5,000 each and shall be numbered from 1 ; upwards. The notes shall be dated April 1, 1975, and shall be due and payable as follows: $8,000,000. on or before May I, 1976, $7,000,000. on or before May 1, 1977 and not to exceed $7,000,000. on or before May 1, 1978. 3. All collections of the aforesaid 1974 delinquent taxes outstanding and unpaid on March 1 1975, together with all interest thereon (including fees and penalties on such delinquent taxes), are hereby pledged to the prompt payment of the principal of and interest on the aforesaid notes; the proceeds of the 1974 delinquent taxes so pledged shall be used for no other purpose until the afore- said notes are paid in full including interest; and all such delinquent taxes so pledged together with all interest thereon (including such fees and penalties) shall be deposited into and accounted for separately in the Oakland County Delinquent Tax Revolving Fund Account No. 46122. 4. The aforesaid notes shall be full faith and credit obligations of Oakland County and if the proceeds of the 1974 delinquent taxes pledged and other monies in the Oakland County Delinquent Tax Revolving Fund Account Na. 461:92 for the year 1974 are not sufficient to pay the principal and interest of the notes when due, the County shall levy a tax without limitation as to rate or amount on all taxable property in the County to pay them and may thereafter reimburse itself from delinquent taxes collected. 5. Pursuant to the resolution of this Board of Commissioners adopted March 1, 1973, there is hereby established Oakland County Tax Revolving Fund Account No. 46122 effective as of March 1, 1975, into which Fund the County Treasurer is hereby directed to place on his books and records all payments received on or after March 1, 1975, on account of the 1974 delinquent taxes as returned to him by any tax collector in the county on or after March 1, 1975, which Fund it is presently estimated will be in an aggregate amount in excess of $22,000,000., including the proceeds of the borrowing hereby authorized, and from which Fund the County Treasurer shall repay the borrowing using the receipts of the delinquent taxes including interest outstanding and unpaid on March 1, 1975, includ- ing fees and penalties on such taxes and shall pay from the proceeds of the borrowing, the full amount of 1974 delinquent taxes delivered to him by any tax collector in the county and outstanding and un- paid on or after March 1, 1975. Collection fees and penalties received after March 1, 1975, by the County Treasurer in connection with the payment to him of 1974 delinquent taxes shall be separately recorded and kept in the said Delinquent Tax Revolving Fund Account No. 46192 and shall not be 118 Commissioners Minutes Continued. March 20, 1975 transferred or disbursed out of id Fund Account No 46192 until said Notes have been paid in full. 6. After a sufficif t um has been set aside for the purpose of paying the aforesaid notes, any furti r collection of the af.-(said 1974 delinquent taxes may be used to pay any or all delin- quent tP which are due and payable to any school district, intermediate school district, community college 1 tn t, city, township, special assessment district or any other political unit for which delinguel tax payments other than for the year 1974 are due on settlement day with the county, city or township treasurer 7. The aforesaid notes of each maturity shall be payable to bearer in lawful money of the United States of America at such bank or trust company in the State of Michigan as shall be designated by the original purchaser or purchasers and shall he substantially in the form attached hereto and hereby approved and adopted. The notes shall be numbered from I upwards, beginning with the earliest maturity, in the direct order of their maturities. 8, The notes shail not be s ahj e ct to redemption prior to maturity. 9. The Chairman of the Oakland County Board of Commissioners and the Clerk of the County of Oakland are hereby authorized and directed to execute said notes for and on behalf of the County of Oakland, and upon the execution of said Notes, the same shall be delivered to the Treasurer of the County of Oakland, who is hereby authorized and directed to deliver said notes to the purchaser there- of upon the receipt of the purchase price therefor, which delivery may be made in the discretion of the Treasurer all at one time or in parts at various times, provided that the notes with the earliest maturities shall be all delivered prior to any notes with later maturities and provided further that all deliveries shall he completed by August 15, 1975. The Coupons affixed to said notes shall be executed with the facsimile signatures of the Chairman of the Board of Commissioners and the Clerk of the County of Oakland, 10. The Oakland County Treasurer be and he is hereby authorized to make application to the Municipal Finance Comission for and on behalf of the County for an order permitting this County to borrow not to exceed .S22.000,000. and issue its Oakland County General Obligation Tax Revolving Fund Notes, Series 1975, therefor as aforesaid and the County Treasurer is further authorized to hold a public sale of said notes (after insertion of the notice attached to this resolution as provided in paragraph 11 hereof), provided such notes shall not be sold at a discount. Sealed proposals for the purchase of said notes shall be received up to such time as shall later be determined by him and notice thereof shall be published in accordance with law once in the Bond Buyer and once in the Daily Tribune and Oakland Press, a newspaper of general circulation in the County of Oakland, which notice shall be in substantially the form set forth in the attachment to this resolution. 12. The aforesaid notes shall be delivered with the unqualified opinion of Dickinson, Wright, McKean and Cudlip, Attorneys, Detroit, Michigan, approving the legality of the notes and the cost of said legal opinion, and the printing of the notes will be at the expense of the County of Oakland, and provided that the notes will be delivered at the County's expense in New York, New York, Chicago, Illinois or Detroit, Michigan. 13. Notwithstanding any other provision of this resolution or other resolution adopted heretofore, the County hereby covenants with the purchaser (within the meaning of the Proposed Regulations prescribed by the Commissioner of Internal Revenue on May 3, 1973), of the General Obligation Tax Revolving Fund Notes, Series 1975, that the County will make no use of the proceeds of said notes, which, if such use had been reasonably expected on the date of issue of said notes, would have caused said notes to be "arbitrage bonds" as defined in Section 103(d) of the Internal Revenue Code of 1954, as amended, and all rules and regulations thereto. 14, lhe County further covenants that it will not permit at any time or times any of the proceeds of the General Obligation Tax Revolving Fund Notes, Series 1975, or any other funds of the County to be used directly or indirectly in a manner which would result in the exclusion of any of said notes from the treatment afforded by Section 103(a) of the Internal Revenue Code of 1954, as amended, by reason of the classification of such notes as "industrial development bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and all rules and regulat- ions relating thereto. 15. The County shall keep full and complete records of all deposits to and withdrawals from each of the funds and accounts in the Oakland County Delinquent Tax Revolving Fund Account No. 46192 and of all other transactions relating to such funds and accounts and of all investments and reinvest- ments of monies in such accounts and the interest and gain derived therefrom. The Finance Committee, by Richard R. Wilcox, Chairman, moves the adoption of the foregoing resolution. FINANCE COMMITTEE Richard R. Wilcox, Chairman Moved by Wilcox supported by Pernick the resolution be adopted. Discussion followed: AYES: Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price. (25) NAYS: None. (0) Commi'.sioners Minutes Continued. March 20, 1975 119 A sufficient majority having voted therefor, the resolution was adopted. (FORM OF NO IF) UNITED sTAIrs OF AMERICA - STATE OF MICHIGAN - COUNTY OF OAKLAND Number $5,000 GENERAL OBLIGATION TAX REVOLVING FUND NOTE - SERIES 1975 KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acknowledges itself indebted and for value received, promises to pay to the bearer hereof the sum of FIVE THOUSAND DOLLARS on the first day of May, A.D. 19_, together with interest thereon from the date hereof until paid, at the rate of per centum ( X) per annum, payable on November 1, 1975, and thereafter semi-annually on the first days of May and November in each year. Both principal and in- terest are payable in lawful money of the United States of America at in the City of , upon presentation and surrender of this note and the coupons hereto attached as they severally mature. This note is one of a series of notes of like date and tenor except as to maturity , numbered consecutively in the direct order of their maturities from 1 to , both inclusive, aggregating the principal sum of ($ ), issued under and pursuant to and in full conformity with the Constitution and Statutes of the Ti •te of Michigan and especially No. 202 of the Michigan Public Acts of 1943, as amended, in anticipation of the collect- ion of delinquent taxes for the year 1974 paid or to be paid to the Oakland County Treasurer for deposit in the Oakland County Delinquent Tax Revolving Fund No. The proceeds of this serie of notes will be used to make payments for taxes returned to the County Treasurer as delinquent on March 1, 1975. For the payment of the principal of and interest on these notes, there is hereby pledged all of the collections of the delinquent taxes of Oakland County for the year 1974 which were outstanding and uncollected on March 1, 1975, together with all interest, fees and penalties thereon. In addition, thereto the full faith, credit and resources of the County of Oakland are hereby irrevocably pledged for the prompt payment of said principal and interest at maturity. Notes of this series are not subject to redemption prior to maturity. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the notes of this series, existed, have happened and have been performed in due time, form and manner as required by the Constitution and Statutes of the State of Michigan IN WITNESS WHEREOF, the County of Oakland, Michigan, has caused this note to be signed in its name by the Chairman of its Board of Commissioners and its County Clerk and its corporate seal to be affixed hereto, and has caused the annexed interest coupon to be executed with the fac- simile signatures of the Chairman of its Board of Commissioners and its County Clerk, all as of the first day of April, 1975. COUNTY OF OAKLAND By Chairman of Board of Commissioners By County Clerk (SEAL) (COUPON) Number On the first day of , A.D., 19_, the County of Oakland, Michigan, will pay to the bearer hereof the sum shown hereon lawful money of the United States of America at the , in the City of , same being the interest due on that day on its General Obligation Tax Revolving Fund Note, bearing the number shown hereon. This coupon is payable from certain delinquent tax pay- ments to be received by the County of Oakland and deposited in the Oakland County Tax Revolving Fund as set forth in the notes to which this coupon pertains. Clerk Chairman, Board of Commissioners OFFICIAL NOTICE OF SALE STATE OF MICHIGAN COUNTY OF OAKLAND - GENERAL OBLIGATION TAX REVOLVING FUND NOTE - SERIES 1975 Sealed bids for the purchase of General Obligation Tax Revolving Fund Notes, Series 1975, of the County of Oakland, Michigan, of the par value of not to exceed $ will be received by the undersigned at the office of the County Treasurer, , until 11:00 o'clock A.M., , 1975, at which time and place they will be publicly opened and read. The notes will be coupon notes of the denomination of $5,000.00 each, will bear interest from their date payable on November 1, 1975, and semi-annually thereafter, will be dated April 1, 1975, will be numbered in direct order of maturity from 1 to , inclusive, and will mature serially, on May 1 on years and amounts as follows: Year Amount 1976 1977 1978 Not to Exceed $ The notes shall not be subject to redemption prior to maturity. 120 Commissioners Minutes Continued. March 20, 1975 lfm. notes win bear inter-st from their date at a rate cc r • ,pecified by the successful I, idder, not cyLeeding or cent ( per annum, E' in muitiples of 1/8 or of 1/20 of IX, or any combination ticia• f. Interest on the notes of any maturity shall be at one rate only, and the difference betwecn th- highest and lowest rate- of inte.c_t bid shall not exceed one percent (17). Both principal and interest will be payable at a bank or trust company located in the State of Michigan qualified to act as paying agent under the statutes of the State of Michigan or of the United States of America, to be designated by the original purchaser of the notes and approved by the County Treasurer. The designation of paying agent shall be made by letter or telegram to the undersigned within 48 hours after the award has been made, In the event no paying agent is designated within the time herein provided, or in the event that the paying agent designated is not qualified under the statutes of this State or of the United States, or is not approved by the Treasurer; the Treasurer shall appoint the paying agent after discussion with the original purchaser. For the purpose of awarding the notes, the interest cost of each bid will be computed by deternini• g at the rate or rates specified therein, the total dollar amount of all interest on the notes, r. • ardless of the final amount of notes actually delivered from April 1, 1975, to their maturity - and de , inj therefrom any premium. The notes will he awarded to the bidder whose bid on the above COMPUtaj in produces the lowest interest cost to the County. No proposal for less than par, nor less than all of the notes will be considered. Each bidder, for the convenience of the County, shall state in his bid the net interest cost to the County computed in the manner above specified. The notes are issued for the purpose of establishing the County's Delinquent Tax Revolving Fund for the 1974 tax year and are secured by the delinquent taxes which become due and payable to the County of Oakland for the year 1974 on March 1, 1975, and all such taxes together with all interest thereon are pledged to the promptpayment of the principal of and interest of the notes. The notes are also the general obligation of the County of Oakland and for the prompt payment of the principal of the notes and the interest thereon, when due, the full faith and credit of the County of Oakland are irrevocably pledged. A certified or cashier's check in the amount of $ , drawn upon an Incorporated bank or trust company and payable to the order of the Treasurer of the County of Oakland, must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidi r fails to take up and pay for the notes. No interest will he allowed on good faith deposits. ifc 1..od aith check of the winning bidder will be promptly cashed, and the amount received therefor will be credited against the purchase price at and as of the date of delivery. Checks of unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Bids shall be conditioned upon the unqualified approving opinion of Dickinson, Wright, McKean and Cudlip, attorneys of Detroit, Michigan, approving the legality of the notes, copies of which opinion will be printed on the reverse side of each note, and the original of the opinion will be delivered without expense to the purchaser of the notes at the delivery thereof, The County will furnish notes ready for execution at its expense. Fully executed notes will be delivered without expense to the purchaser at a bank or trust company to be mutually agreed upon between the County and the purchaser. The usual documents, including a certificate that no litigation is pending affecting the issuance of the notes, will be delivered at the time of the delivery of the notes. If the notes are not tendered for delivery by twelve o'clock noon, Michigan Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day or any time thereafter until delivery of the notes withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the County shall promptly return the good faith deposit. Payment for the notes shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the notes shall be paid by the purchaser at the time of delivery. Cusip numbers have been applied for and will be printed on the notes at the County's expense. The printing of incorrect Cusip numbers or the failure to print the Cusip numbers on the notes shall not constitute cause for the purchaser to refuse delivery of the notes. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. Envelopes containing the bids should be plainly marked "Proposal for General Obligation Tax Notes." • C. Hugh Dohany, COunty Treasurer County of Oakland APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION. REPORT By Mr. Hoot IN RE: MISCELLANEOUS RESOLUTION 116965 - EQUALIZATION BY CLASS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The General Government Committee reports Miscellaneous Resolution #6965 and concurs in the recommendation of the Finance Committee that said resolution be supported. Commissioners Minutes Continued. March 20, 1975 121 The General Government Committee, by Henry W. Hoot, Chairman, moves the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Henry W. Hoot, Chairman "FINANCE COMMITTEE REPORT By Mr. Wilcox IN RE: MISCELLANEOUS RESOLUTION #6965 - EQUALIZATION BY CLASS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Finance Committee reports Miscellaneous Resolution 1/6965 with the recommendation that said resolution be adopted. The Finance Committee, by Richard R. Wilcox, Chairman, moves the acceptance of the foregoing report. FINANCE COMMITTEE Richard R. Wilcox, Chairman" "Misc. 6965 By Mr. Dunleavy and Mr. Nowak IN RE: EQUALIZATION BY CLASS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Constitution of the State of Michigan requires that property taxes be uniformly assessed upon all classes of real property; and WHEREAS present assessing practices have resulted in improper assessment of property with- in the same class. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports legislation calling for the equalization of property assessments by class. Mr. Chairman, we move the adoption of the foregoing resolution. James W. Dunleavy and Patrick M. Nowak" The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next regular Board meeting Misc. 7021 By Mr. Hoot IN RE: OPPOSITION TO SENATE BILL 154 - STATE FINANCING OF DISTRICT COURTS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS proposed legislation as contained in Senate Bill 154 would provide for the State to take over the control of the District Courts; and WHEREAS your Committee recommends opposition to Senate Bill 154 for reasons that it believes the State will not assume 1007 financing of District Courts and that the counties will still have to assume some financial responsibility; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes Senate Bill 154 as not being in the best interests of the County. BE IT FURTHER RESOLVED that certified copies of the foregoing resolution be forwarded to the County's Legislators and to the County Legislative Agent. The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Henry W. Hoot, Chairman The Chairman announced pursuant to Rule XI-E the matter shall be laic! Over to the next regular Board meeting. Misc. 7022 By Mr. Hoot IN RE: SUPPORT OF H.R. 138 - INTERSTATE FLIGHT TO AVOID CHILD SUPPORT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS H.R. 138 introduced in Congress by Congressman William S. Broomfield proposes to make interstate flight to avoid court-ordered payments for child support a federal offense and would bring federal authorities into such cases; and WHEREAS your Committee recommends support of said H.R. 138 as being in the best interests of the County and the Friend of the Court; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports H.R. 138 and urges the County's Congressional legislators to support and enact such legislation; further, that certified copies of the foregoing resolution be forwarded to the County's Congressional legislators. The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Henry W. Hoot, Chairman 122 Commissioners Minutes Continued, March 20, 1975 The Chairman announced pursuant to Rule RI-F the matter shall be laid over to the next regular Board meeting, Misc. 7023 By Mr: Hoot IN RE: SUPPORT OF HOUSE JOINT RESOLUTION F To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Your Committee recommends support of House Joint Resolution F which would amend the State Constitution, Article 6, Section 31, if ratified by the voters, to provide that: "A justice or judge of a court may not order a legislative body or treasurer of this state or of any county, city, village or township to appropriate or pay out any money or other funds for the operation or maintenance of any court." NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Joint Resolution F. BE IT FURTHER RESOLVED that certified copies of the foregoing resolution be forwarded to the County's Legislators. The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Henry W. Hoot, Chairman Moved by Hoot supported by Olson the resolution be adopted. AYES: Simmons, Wilcox, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth. (22) NAYS: Wilson, Aaron, McDonald. (3) A sufficient majority having voted therefor, the resolution was adopted. Misc. 7024 By Mr. Hoot IN RE: NOMINATIONS TO BICENTENNIAL COMMISSION To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemeh: WHEREAS many Oakland County patriotic, civic and community organizations and individuals have expressed a desire to contribute their talents and resources toward the County's commemoration of the Bicentennial of the United States of America in 1976; and WHEREAS your Committee concurs in recommendations that a County Bicentennial Commission be appointed'and apply for designation as an official Bicentennial unit of government; NOW THEREFORE BE IT RESOLVED as follows .: I. That the following persons are nominated to be members of the Oakland Bicentennial Commission Name Representing Robert W. Page, Chairman Oakland County Board of Commissioners Hubert Price, Jr. Oakland County Board of Commissioners Bill Addis Village of Holly Mike Braun Huron Valley Schools - Senior Program, Highland Township Mrs. Marlow Bellanger Farmington Hills Arts Council Mrs. Lois Lance Troy His CommisSion Mrs. Betty Adams Oakland County Historical Society Ernie Huthwaite Oakland County Historical Society Mrs. Virginia DeBenhom Rogers Franklin Village Councilwoman Mrs. Anne Maddock City of Royal Oak Paul Behrent Ferndale Historical Committee John Eidt Oak Park Bicentennial Commission Jervis B. McMechan City of Birmingham Mrs. Virginia Solberg Mayor, City of Madison Heights Mrs. Delores Little Clerk, Bloomfield Township Mrs. Dawn Y. Davis Principal, Stringham Elementary School,- Waterford School District 2, That the responsibility of the Bicentennial Commission shall be to recommend to the County Board of Commissioners countywide Bicentennial activities and programs and to coordinate such activities and programs with national, state and local units of government, that will provide a mean- ingful commemoration. 3. That paid staff, one coordinator and one secretary, be provided with State and C.E.T.A. funds being utilized for personnel and administrative costs. The General Government Committee, by Henry W. Hoot, Chairman, and with the concurrence of Co,missioners Minutes Continued. March 20, 1975 123 the Public Services Committee, moves the adoption of the foregoing resolution. GENERAL. GOVERNMENT COMMITTEE Henry W. Hoot, Chairman Moved by Hoot supported by Wilcox the resolution be adopted. AYES: Wilcox, Wilsen, Aaron, Button, .Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, McDonald, Moffitt, Montabte, Nowak,- Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons. (25) • NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Mr. Coy IN RE: MISCELLANEOUS RESOLUTION #6983 - REQUEST FOR 1975 - 1976 LOCAL MATCH TO AREA AGENCY ON AGING To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Human Resources Committee, by Lew L. Coy, Vice Chairman, reports Miscellaneous Resolution No. 6983 with the recommendation that the resolution be adopted. HUMAN RESOURCES COMMITTEE Lew L. Coy, Vice Chairman "Misc. 6983 By Mr. Gabler IN RE: REQUEST FOR 1975 - 1976 LOCAL MATCH TO AREA AGENCY ON AGING To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Area Agency on Aging has requested of the County of Oakland a local match of 52,500.00 for 1975-1976; and WHEREAS your Committee recommends that such local match appropriation be made; NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby appropriates the sum of $2,500.00 as its 1975 -1976 local matching funds to the Area Agency on Aging. The Human Resources Committee, by Wallace F. Gabler, Jr Chairman, moves the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Wallace F. Gabler, Jr., Chairman" FINANCE COMMITTEE REPORT By Mr. Wilcox IN RE: MISCELLANEOUS RESOLUTION #6983 - REQUEST FOR 1975-1976 LOCAL MATCH TO AREA AGENCY ON AGING To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI, C of this Board, the Finance Committee finds the sum of $2500.00 available in the Contingent fund in the 1975 Oakland County Budget. FINANCE COMMITTEE Richard R. Wilcox, Chairman Moved by Coy supported by Montante that resolution #6983 be adopted. AYES: Wilson, Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Mr. Coy IN RE: MISCELLANEOUS RESOLUTION #6981 - AUTHORIZATION TO FILE FEDERAL GRANT APPLICATION FOR THIRD YEAR FUNDING OF METHADON PROGRAM AND HOSPITAL-BASED DRUG PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Human Resources Committee, by Lew L. Coy, Vice Chairman, reports Miscellaneous Resolution No. 6981 with the recommendation that the resolution be adopted. HUMAN RESOURCES COMMITTEE Lew L. Coy, Vice Chairman "Misc. 6981 By Mr. Gabler IN RE:AUTHORIZATION TO FILE FEDERAL GRANT APPLICATION FOR THIRD YEAR FUNDING OF METHADON PROGRAM AND HOSPITAL-BASED DRUG PROGRAM To the Oakland County Board of Commissioners Mr, Chairman, Ladies and Gentlemen: WHEREAS your Committee has received a report from the Office of Substance Abuse Services 124 Commissioners Minutes Continued. March 20, 1975 recomimo1diro the ,ioJinued londinn for third year by federal grant fonds of the Methadon Program and 1.1o,a)ital-Ba'Atd Drug Prow- 40; .dd WHFRISW, your Coffmil urs in said recommendation and further recoonends approval be given For filing of ,AJch f d, ! .1 e -•nt application for the continuance of such Drug Abuse Services Project at a direct. cost of $1.0.646.00; NOW THEREFORE BE IT RTALVED that the County of Oakland hereby out the filing of a federal grant application for "Third Year" funding for the Methadon Program and Hospital-Based Drug Program for the period from Au!:ost 1, 1975 through July 31, 1976. BE IT FURTHER RESOLV C that in the event of federal approval of said federal grant applica- tion, the County of Oakland r• ries the right to accept or reject said federal funds. The Human Resources Committee, by Wallace F. Gabler, Jr., Chairman, moves the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Wallace F. Gabler, Jr., Chairman" FINANCE COMMITTEE REPORT By Mr. Wilcox IN RE: MISCELLANEOUS RESOLUTION 116981 - AUTHORIZATION TO FILE FEDERAL GRANT APPLICATION FOR THIRD YEAR FUNDING OF METHADON PROGRAM AND HOSPITAL-BASED DRUG PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The subject grant application is the third year funding for the Oakland County Department of Substance Abuse Control for the purpose of Substance Abuse Treatment Services. Total project costs in this third year are $944,517 with NIDA (National Institute of Drug Abuse) funding $660,646, Local Support (R.A.P. Inc., St. Joseph Hospital, Providence Hospital, Pontiac Methadon Clinic) contributing $189,203, MDPH - OSAS (Michigan Department of Public Health - Office of Substance Abuse Services) funding $45,049 and Oakland County contributing $49,619 ($43,619 of hard match and $6,000 of soft match). Funds for the hard match have been included in the Health Depart- ment-Substance Abuse 19/5 Budget. The Finance Committee, by Richard R. Wilcox, Chairman, moves the acceptance of this Fiscal Report- and approval for filing of the third year grant continuation application as recommended by the Human Resources Counittee. FINANCE COMMITTEE Richard R. Wilcox, Chairman Moved by Coy supported by Button the report be accepted and that resolution #6981 be adopted. Discussion followed. Moved by Olson supported by Dearborn the resolution be laid on the table until April 3, 1975. A sufficient majority having voted therefor, the motion carried. Misc. 7025 By Mr. Kasper IN RE: ADDITIONAL POSITION OF BUDGET ANALYST II FOR BUDGET DIVISION To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentleocn: WHEREM the amount of overtime it by the County In 1974 was $1,025,833 in budgeted funds and $612,739 paid from sources other than the County salaries budget for a tot ai of $1,638,572; and WHEREAS this is an increase of $255,341 over the total amount spent in 1973; and WHEREAS overtime expense has shown a continual increase over the past several years; and WHEREAS the 1974 amendments to the Fair Labor Standards Act also tend to increase the payment of overtime; and WHEREAS the County's current staffing does not provide a person specifically to review and authorize overtime usage; and WHEREAS it is anticipated that substantial savings can result if such review and control can be exercised; NOW THEREFORE BE IT RESOLVED that a position of Budget Analyst II be granted to the Budget Division of the Department of Management and Budget to review, authorize and control all overtime usage. The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE Paul F. Kasper, Chairman The Chairman referred the resolution to the Finance Committee. There were no objections, Commissioners Minutes Continued. March 20, 1975 12'; Misc. 70c By Mr. r •• or IN RI: .1 A, iili II - TYPIST I POSITION FOR LIBRARY BOARD To the Oakland Count y Board of Commissioners Mr, Chairman, Ladies and Gentlemen: WHEREAS the Library Board's activities have generated a considerable clerical load including the in of agendas, minutes, correspondence and reports in addition to the continuin g clerical work of the Reference Library; and WHEREAS clerical staff of the Count y Treasurer's Office has been supplementing the Reference Library staff of the Reference Librar y and with a half-time Librar y Aide in order to get the clerical work done ; and WHEREAS there are sufficient C.E.T.A. Title II funds available to finance an additional st I position because of the late filling of some Title II positions ; NOW THEREFORE BE IT RESOLVED that a Typist I position financed by C.E.T.A. Title II funds be granted to the Reference Librar y for a period not to exceed the availability of such funding, The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the 'foregoin g resolution. PERSONNEL COMMITTEE Paul E. Kasper, Chairman Moved by Kasper supported by Olson the resolution be adopted. AYES: Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Wilson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 7027 By Mr. Kasper IN RE: C.F.T,A. TITLE If - RATIFY CONVERSION OF ONE LABORER POSITION TO TYPIST 1 To the Oakland County Board of Connissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 1/6975 of February 6, 197$ granted 118 C.E.T.A. Title II Laborer positions to the Department of Facilities and Operations; and WHEREAS that department requested that one of the positions be reclassified to a C.E.T.A. funded Typist I position to handle the paper work involved in administerin g the large number of Laborer positions ; and WHEREAS the difference in salaries are not significant and within the total Title II package; NOW THEREFORE BE IT RESOLVED that one of the 118 Laborer positions granted under the C.E.T.A. Title II program be reclassified to Typist I. The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE Paul E. Kasper, Chairman Moved by Kasper supported by Fortino the resolution be adopted. AYES: Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Wilcox, Wilson, Aaron. (25) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 7028 By Mr. Kasper IN RE: 197$ LABOR CONTRACT FOR THE SECURITY UNIT OF THE DEPARTMENT OF CENTRAL SERVICES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland, the 21 member Security Unit of the Department of Central Services and Local 1445, American Federation of State, County and Municipal Employees, AFL-CIO have been negotiating a contract covering certain employees of the Unit; and WHEREAS an agreement has been reached for the period January 1 through December 31, 1975 and said a g reement has been reduced to writing; and WHEREAS it is necessary to increase the salaries budget of the Security Unit by the amount of $6,114 to cover the increased cost of the agreement; and WHEREAS the amounts necessary to fund the increased budgeted cost of the agreement was set aside in the Salaries Portion of the 1975 Budget Document approved by this Board on December 19, 1974; and 126 Commissioners Minutes Continued. March 20, 1975 WHEREAS said Agreement has been reviewed by your Personnel Committee, which recommend approval of the Agreement, NOW THEREFORE BE IT RESOLVED that the Agreement between . the County ot Oakland, the .,grity Unit employees of the Del ,rel.nt of Central Services and Local 1445, American Federation of u• County and Municipal Employ(, , AFL-C10, be and the same is hereby approved; and that the Chairman of this Board, on behalf of the County of Oakland, be and is hereby authorized to execute said Agree- ment, a copy of which is attsAched hereto. The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE Raul E. Kasper, Chairman THE COUNTN OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY ANU MUNICIPAL EMPLOYEES, AFL-C10 COUNCIL 23 SECURITY EMPLOYEES _ . _ _ _ Col l ec t i , .1..I ng Agreement 1 75 AGREEMENT This agreement is made and entered into on this day of ,A.D., 1975 by and between the Oakland County Executive and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 1445, Metropolitan Council No. 23, of the American Federation of State, County and Municipal Employees, AFL-C10, hereinafter referred to as the -"Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the following employees, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and Aendii ions of employment, and in the following bargaining units for which they have heen certified; and in which the Union is recognized as collective bargaining repre- sentative, subject to And in accordance with the provisions of Act 336 of the Publtc Acts of 1947, as amended: - All securit',, officers and security watchman of the Central Services Department excluding office employees which includes clerical, secretarial and confidential employees and supervisors, II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline for just cause, and to maintain discipline: and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operations are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. III. DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions . be made. All authorizations delivered to the Employer prior to the first day of the month Shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration date of the agreement. (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. - IV. REPRESENTATION Section I. The members of all Union committees recognized by the Employer for purposes of collective bargaining shall have to be seniority employees In the bargaining unit. Section 2. The names of all such committee members shall be submitted in writing to the Employer by the Union upon election or appointment to a recognized committee. Section 3. There shall be 6 union bargaining committee composed of not more than three (3) members, of which only two (2) on duty members of a shift shall be released at one tiMe from their jobs to attend a bargaining meeting. Section 4. There 'shall be stewards and alternate stewards in accordance with the following formula: (a) The security officer employees shall be represented by one (1) steward and one (1) alternate steward.. Commissioners Minutes Continued. March 20, 1975 127 (h, rh, securiti watchmen employees shall be represeeted by one (II steward and one (1) al 1=err,;)te. !Jeward. Stewrds will h- ,.ermitted to leave their work, after obt)ini•ig approval e - their respective supervisors and n -ord'r.g their time, or the purposes of <idle ing gr .. s,n(.- in accor- dance with the grievance p ii 0 Jr( and for reporting to the grievant ,. L in ..itu • i his grievance. Permission for st• wards to leave their work stations will not h , cur • ly withheld. Stewards will report their time to their supervisor upon returning from g. .ev,n ,• The privilege of stewards to leave their work during working hours, wi.hout loss of pay, is extended with the on that the time will be devoted to the prompt Im, iling of grievances and will not he abused, and that they will continue to work at their assigned job .H all times except when permitted to leave their work to handle grievances, Sestion 5, The Chapter Chairman shall serve as Chief Steward for employees covered by this agreement. "(, 1 ion There shall be a grievance committee consisting of the Chapter Chairman and one other merit I 0 I selected by the Union and certified in writing to the Employer, The Employer shall meet wher,,,er n,•-t nary, at a mutually convenient time, with the Union grievance committee. V. GRIEVArCE PROCEDURE Section 1, The Employer and the Union support and subscribe to an orderly method of adjusting employee. grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, who shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Stcp_1„ If the grievance is not settled informally between the employee and his imme- diate supervisor, the employee shall have the right to discuss the grievance with his steward, If, in the steward's opinion, proper cause for the complaint exists, a meeting on the problem shall take place between the grievant, the steward and the immediate supervisor. In the event that the Union is dissatisfied with the results of the meeting, the Union shall have the right to submit a written grievance on the complaint to the immediate supervisor within three days. The written grievance must be signed by the employee and his steward and receipt acknowledged by the employee's immediate super- visor. Strfp 2, The department will give its written reply within five days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. Steip_._3 A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days of the date of the receipt of the written reply. Any grievance net submitted to the Grievance Committee by written notification to the Employer within five days shall be considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten days unless the time is extended by mutual agreement of both parties. Step 4. Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association. The Arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this agreement, or set a wage rate. Section 2. The time limits specified hereinafter for movement of grievances through tfw procr.9., shall be strictly adhered to. In the event that a grievance is not appealed within the pari icular specified time limit, it shall be deemed to be settled on the basis of the Employer's last answer. In the event that the Employer shall fail to supply the Union with its answer to the partftular (!r) within the specified time limits, the grievance shall be deemed no positioned tor appeal at the next step with - the tine limit for exercising said appeal commencing with the erpiration of the grace period for answering. Section _3, All specified time limits herein shall consist only of County work days Monday through Friday. Section 4, Each grievance shall have to be initiated within three (3) days of each occurrence of the cause for complaint or, if neither the aggrieved nor the Union had knowledge of said occurrence at the time of its happening, then within three (3) days after the Union or the aggrieved becomes aware of the cause for complaint. VI. SENIORITY New Employees may acquire seniority by working six (6) continuous months (refer to Rule 7 - Probationary Period, Oakland County Merit System Handbook), in which event the employee's seniority will date back to the date of hire into the department. The date of employment will be determined by the first date of eligible employment in the department as described in Rule 22 of the Oakland County Merit System Handbook. When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. An up-to-date seniority list shall be furnished to the Union every six (6) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee, is absent from work for three working days, without properly notifying the Employer, unless a satisfactory reason is given; 128 Commissioners Minutes Continued, March 20, 1975 (6) If the employ e fl,.:- not return to work at the end of an approve d leave; (e) If the empley ig rot return to work when recalled from a layoff. VII. LAYOFF AND Err' If and wIn ii Irr•m• 5 necessary for the Employer to reduce the number of employees in the work force, the employ r, wi'l kr! laid off in seniority order based on capability of performing available Iol! .sid shall bt rt,II d in the inverse order (refer to Rule 9 - Oakland County Merit System Handbi.,o .) All emp!cp •• • 0 laid off shall be offered the opportunity of recall prior to the hiring of ..nv ,m, loyees. VIII. TI US ....-on' within the bargaining unit shall be made on the basis of ompetitive examination - in the Oakland County Merit System. The EMployer will • his selection for promotion fr! 1... rr air si ranking candidates who have passed the promotio! examination. IX. fi,r r/Irr r It! I by this agreement shall be provided, by the Employer, a policy of False. Arrcr [ 1 1r d. Jr air! . The premiums for such insurance will be ,paid by the County. X. r t,r! 1o! rlIrt 10' Wi o J1 1..P I i• not listed on the wage schedule is filled or established, the County • may d, It fir _ on and rate structure for the position. In the event the Union does not a, thar th. iI 1! .tion, rate or structure are proper, the Union shall have the right to regue! meei,.; el !I. 0 (inference committee to discuss the matter. XI. cr! '0.1 •' ir elected to any permanent full time Union office or selected by the Union to do . ,a! ,hich t -k! them trots their employment with the County, shal) at the written request of the Unio, • , ean, e a 'rave of absence without pay. The leave of absence shall not exceed two (2) years, hi ic shall h, renewed or extended for a similar period at any time upon the written request of the Cri . • or 2, In any building where there are three or more permanently assigned employees represented by thi nargaining group, the Employer shall assign a locked bulletin board which shall be .used by the Union for posting notices, bearing the written approval of the President of the Union Local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c Notices of Union appointments and results of Union elections; (d) Notices of Union mer ,tings; (r I nther notices of F,'11, fide Union affairs which are not political or libelous in nature. `• ,tio, 3. Special ccalircnces for important matters may be arranged at a mutually convenient time h! Itween the Chapter Chairman and the Employer or its designated repr !Live upon the request of ,ither party. Such meetings shall be between at least two represent ,, '•,•• of the Employer and no more than two employee representatives of the Union and the Staff Reprsentative, if so desired. At for such special conferences shall be made in advance and or agenda of the matters to be taken up at the meeting shall be presented at the time the conference is requested. Matters taken up in special conferences shall be confined to those included in the agenda. The members of the Union shall ri ,At lose time or pay for time spent in such special conferences. • Section 4. The parties agree that there shall be no discrimination against any employee by reason of roe, creed, color, sex, or national origin. The Employer will not discriminate against any member of the bargaining unit by reason of membership in the Union. Section 5, Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agree- ment. Section 6. All supplemental agreements shall be subject to the approval of the Employer and the Council and/or International Union. They shall be approved or rejected within a period of thirty (30) days following the date of the agreement between the parties, X11. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All resolutions of the Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employees' Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XI I. ECONOMIC_ W,TTERS The agro,,eat between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this collective bargaining agreement, subject to the terms and conditions thereof. XIV. NO STRIKE - NO LOCKOUT Under no circumstances- will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in, any strike, sitdown, stay-in or slowdown or any violation of any State law. In the event of a work stoppage or other curtailment, the Union shall immediately instruct the involved employees in writing, that their conduct is in violation of the contract and that all such persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. Commissioners Minutes Continued, March 20, 1975 129 XV. OUR“TION 1 - Our of Atareement ILL agreement shall remain in full force and effect until midnight, December 31, 1975. It shall be auto, tically renewed from year to year thereafter unless either party shall notify the other, in writing, sixty (60) days prior to the anniversary date, that is desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than (60) days prior to the anniversary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. Section 2 - In the e n,ehf mat either party desires to terminate this agreement, written notice must be given to the othe [arty no less than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. Section 3 - Ratification The union agrees to submit this agreement promptly to the employees of the bargaining unit covered by this agreement for ratification by them, and the Council 23 representative and Local 1445 Union officers will recommend to the employees that it be ratified. AMERICAN FERATION OF STATE, COUNTY AND OAKLAND COUNTY EXECUTIVE MUNICIPAL EMPLOYEES, AFL-C10, METROPOLITAN COUNCIL NO. 23, LOCAL 1445 Daniel T. Murphy COUNTY OF OAKLAND, a Michigan Constitutional Corporation Fred D. Houghten, Chairman, Board of Commissioners SECURITY UNIT AGREEMENT APPENDIX A SALARIES The following merit salary schedule shall prevail during the term of this collective bargaining agreement: JANUARY 1, 1975 THROUGH DECEMBER 3j,_1975 CLASSIFICATION BASE 6 MONTH 1 YEAR 2 YEAR 3 YEAR 4 YEAR -!,Security Officer 9,025 9,212 9,398 9,770 10,143 10,516 Security Watchman 7,245 7,388 7,530 • 7,814 8,099 *By agreement of the parties, any night shift differential available under Rule 2, -Section IX of the Merit System is now incorporated in the wage rates for the various progressive wage steps. CENTRAL SERVICES SECURITY EMPLOYEES AGREEMENT APPENDIX B. For the following fringe benefits refer to the Oakland County Employee's Handbook: 1. Injury on the job 2. Holidays 3. Leave of Absence 4, Life Insurance 5. Longevity 6. Master Medical Insurance 7. Sick Leave *8. Retirement 9. Vacation *•;,10. Income Continuation Insurance *The Oakland County Employees' Retirement Plan shall be amended effective January I, 1975 to provide that members covered by this collective bargaining agreement shall not be required to contribute to the retirement system. -:,-;471ffective March 1, 1975, benefits shall start on the day following the day a disability has lasted for a continuous number of workdays equal to seventy percent (707) of the number of sick leave days the employee has earned since the first day of employment, but not before the eighth day of disability. 1 1 Economic benefits of a fringe nature officially applied during 1975 to Oakland County employees on a county-wide basis and incorporated into the Oakland County . Merit System Handbook shall also he applied. to the employees covered in this collective bargaining agreement. The Chairman referred the resolution to the Finance Committee. There were no objections. Misc. 7029 By Mr. Kasper IN RE: 1975 - 1976 AFL-CIO CONTRACTS FOR CASEWORKER AND NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Probate Court, the County of Oakland, the 66 member Caseworker 130 Commissioners Minute ,, Continued. March 21, 1975 and 19;-; memT , r non-Caseworkes Units of the Oakland County Probate Court, 1 2437 of the American Fe ,' , ion of State, County and Municipal Employees, AFL-CIO 1.,1 he , ,• tinq two contract certain employees of the Oakland County Probate I Hr t; .id WHEFJAS two year agreements have been reached with both the Caseworker and the Non-Caseworker bargaining units for the peci January 1, 1975 thrc igh December 31, 1976 aed said agreements have been reduced to writing; and WHEREAS it i • ru. or t ) increase th . alaries burl li Is of the v;• ,s Probate Court divisions to cover the in. i• :.• I ( ists of thes ,. e I• -mints as tot low: Probe' • t 18,167; Probate - Children's Village 532,)7- • 1 .:e - Camp Oakland $8,626; and Pre 1 •••• - Juveniii ;44,189; and WHEREAS the amounts ri.« •-ry to fund the increased budget• of thc agreements were set aside in the Salaries Port h • tle 1975 Budget Document approved by this Board on December 19, 1974; and WHEREAS said Agreement has been reviewed by your Personnel Committee which recommends approval of the Agreements, NOW THEREFORE BE IT RESOLVED that the Agreement- between the Oakland County Probate Court, the County of Oakland, the Caseworker and Non-Caseworker Units of the Probate Court, and Local 2437, American Federation of State, County and Municipal Emplo)c—, AEL-C10,• be and the same is hereby approved; and that the Chairman of this Board, on befa'f the County of Oakland, be and is hereby authorized to execute said Agreement, a copy of which is attached hereto. The Personnel Committee by Paul E. Kasper, Chairman moves the adoption Of the foregoing resolution. PERSONNEL COMMITTEE Paul E. Kasper, Chairman THE OAKLAND COUNTY PROBATE COURT ANb THE COUluY .5 OAKLAND AID THE AMERICAN FEDERATION OF STATE COUNTY Al-!, MUNICIPAL EMPLOYEES t AFL-C10 COUNCIL 23 PROBATE COUR', cft••TWORKER EMPLOYEES Collective Bari.a .ning Agreement 1975 - 1976 • CASEWORKER-AGREEMENT This agreement is made and entered into on this day of , A.D., 1975, by and between the Oakland County Probate Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 2437, American Federation of State, County and Municipal Employees, ALL (ID, hereinafter referred to as the "Union", It is the desire of both parties to this agreement to continue work harmoniously and to promote and maintain high standards, between - the Employer and employees, which will best serve the citizens of Oakland County. I. Pr.(qNITION Tin Employer recognizes the Union as the exclusive representative of the Casework employees of Eh ( Oakland County Probate Court, for the purposes of collective bargaining with respect Ii) rates of pay, wages hours of employment and other terms and conditions of employment, in the following bargaining unit or which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. - All employees oh the Oakland County Probate Court; excluding confidential employees, professional employees, executives and supervisors. II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union Members shall not be discriminated against as such. In addition, the work schedules, methods and means of depart- -ental operation are solely and exclusively the responsibility of the Employer subject, however to the provisions of this agreement. III. Dll CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations -delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration date of the agreement. (c) The Union will protect and save harmless the Eniployer from any and all claims, . demands, suits and other form', of liability by reason of action taken Fy the Employer for the purpose of r.air plying with this section. IV. BASIS OF REPRESENTATION Section 1, There shall he one steward and one alternate steward. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording Commissioners Minutes Continued. March 20, 1975 131 their time, for the purpose of adjusting grievances in E'CCI ,i Cr•- with the grievr.ocr 1 Tre and for reporting to the grievant a char in status of his ri-T. Tice. Permission f • ',,\Jards • o leave their work stations will not be urine n 1 y withheld, Stewi.ds will report their their supervisor upon returning from a gri -vTac, discussion, The privilege of stewacd• to leave their work during working hours, without loss of • pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances Section 2. There shall also be one Chief Steward and one alternate Chief Steward, Section 3. There shall be a Grievance Committee consisting of three (3) members of the represented group, certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient notice to the Employer, m-/ substitute for a member or members of the Grievance Committee. The Employer shall meet whenever nec ey, at a mutually convenient time, with the union grievance committee, The purpose of grievant committee meetings will be to adjust pending grievances, and to discuss procedures for avoiding future grievances. ha addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4. Bargaining Committee The Employer agrees to recognize one bargaining committee representing both the Probate Caseworker and Non-Caseworker bargaining units, such committee shall be composed of not more than - five (5) member! !elected by the Union and certified in writing to the Employer. The Local President may participate as an additional member of the bargaining committee. NOTE: This combined Caseworker and Non-Caseworker-Bargaining Committee is also referred to in Article IV of the Probate Non-Caseworker current collective bargaining agreement. V. GRIEVANCE PROCEDURE The employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his steward, who shall attempt to resolve the grievance informally. In the event the steward is called he shall be released from his duties as soon as possible but in any event no later than the beginning of his shift the next day. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Step I. If the grievance is not settled informally, it shall be discussed with the appropriate steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall be discussed between the steward and the immediate supervisor, and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. Step 3.-A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days (excluding Saturday, Sunday and holidays) of the date of the receipt of the immediate supervisor's written reply. Any grievance not submitted to the Grievance Committee by written not to the Employer within five days shall be considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten days unless the time is extended by mutual agreement of both parties and the Employer will submit its written position on the grievance to the Local President within seven (7) working days following the Grievance Committee meeting. Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association, Any grievance not appealed, from a decision in one of the steps of the grievance procedure, to the next step as prescribed shall, be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreement of the parties. VI. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union meetings; (e) Other notices of bona fide Union affairs which are not political or libelous in nature. VII. SENIORITY New employees may acquire seniority by working six (6) continuous months, in which event the employee's seniority will date back to the date of hire into the department. When the employee acquiring seniority, his name shall be placed on the seniority list, in the order of his seniority date. 132 Commissoners Minutes Continued, March 20, 197t,", iibined seniority shall he accumulated by an employee for work performed in the present two repre)t ur its in Probate Court and, in addition, an employee in either unit shall be credited for service c -r hrmed in non-represented Probate Court classifications, This combined accumulated seniority du' the lit i c1 of any layoff can be utilized as described in Article VIII (a), here- inafter set for h. ri ithin the bargaining unit in which the employee is employed at the time of layoff. An up-to-date sE Ctrity list shall be furnished to the Union every three (3) months. An employee shall hi; seniority for the following reasons: (a) If the emplcyia r( or.• ,r retires; (L) If the el ,p1',at I •L;charged, and not reinstated; () if the ompl...'i i a ,nt from work for three consecutive working days, without oronerl/ not the Employer, aril.- a satisfactory reason is given: (d) If the employee (o• lot return to work at the end of an approved leave; (e) If the employee do , not return to work when recalled from a layoff except that, an employee shall not lose seniority if within three (3) days of receipt of notice of recall to work, he give ,, a written r L'ice to the Employer of his intent to return to work within five (5) days of the receipt or such noti :Ind does return within the five (5) day period. Consideration may be given by the Employer of ra , re iven by any employee who has given notice but fails to return within the five (5) day period, VIII. LAYOFF, RECALL, AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the eng)loyees will be laid off in seniority order, based on capability of perform- ing available jobs and shall be recalled in the same order, (b) If and when an employee is permanently transferred to another division within the Department, the president or chief steward shall be notified of said transfer by the employer. IX. MA-FERMI .( SEPARATION Emote/ ec who leave Probate Court employment, as a result of maternity, will be given employment prefer • nr- 1, they make application to return to the Probate Court and if a vacancy exists, in the classification in which they left, provided they apply within one year of separation and are qualified to return. X. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit System, The employer will make his selection for promotion from Ihe three highest ranking candidates who have passed the promotional examination, XI, CHITRAL CONNIFIONS hit I liii F. the Union shall he notified in advance of anticipated permal ent. major changes in working coliditimis nun discussions shall be held there(m. iii , I ion 2. the provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the. Employer the responsibility for applying this provision of the agreement. SetionjF, The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations.. Section _4. Employees elected to any permanent full time union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the union. Any employee on approved Union leave of absence will continue to accumulate Union seniority while on leave but will not receive credit toward "Length of County Service for fringe benefit purposes under Rule • 22 Oakland County Merit System. Section 5. When any position not listed on the wage schedule is filled or established, the County may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 6. In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to the units covered under this agreement. Section 7. Special conferences for important matters may be arranged at a mutually convenient time between the Local President and the Employer or its designated representative upon the request of either party. Such meetings shall be between at least two representatives of the Employer and no more than three employee representatives of the Union and the Staff Representative, if so desired. Arrangements for such special conferences shall be made in advance and an agenda on the matters to be taken up at the meeting shall be presented at the time the conference is requested. Matters taken up in special conferences shall be confined to those included in the agenda. The members of the Union shall not lose time or pay for time spent in such special conferences. Section 8. All supplemental agreements shall be subject to the approval of the Employer and the Council and/or International Union. They shall be approved or rejected within a period of forty-five (45) days following the date of the agreement between the parties. Conimissioners Minutes Continued. March 20, 1975 131 /II. /Mt ION BY RIFIRFNCE OF RELEVANT RESOLIFTIONS6Mo iRSONNFA. POLISH All r • olutiom ol Oakland County Board of Coml. ,OC.15, as an , hd, or changed, from time to time, relation to the working conditions and compensatic., • 1 the employ4 , covered hy this agreement, and all other benefits and policies provided for in th( 0 Hand County Merit System, which incorporates the Oakland County Employees' Handbook, are incorpors herein by reference and made a part hereof to the same extent as if they were specifically set icrth. XIII. MAINIFNANCE OF CONDITIONS Wa9es, hours and conditions of employment in effect at the execution of this agreement shall, except as hnproved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution ofthis agreement. XIV. ECONOMIC MATTERS Wages and other economics are attached hereto as Appendix A and Appendix B. XV. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part, in any strike, sitdown, stay-in or slowdown or any violation of any state law. In the event of a work stoppage or other curtailment, the Union shall immediately instruct the involved employees in writing, that their conduct is in violation of the contract and that all such persons shall immediately cease the offending conduct. . The Employer will not lockout any employees of the bargaining unit during the teem of this agreement. XVI. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1976 It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect SO long as they are not in violation of applicable statutes and ordinances and remain within the or of the County of Oakland. The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provisions, operation Of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby. AMERICAN FEDERATION OF STATE, COUNTY AND OAKLAND COUNTY PROBATE COURT MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO.23, AFL-C10, LOCAL 2437 Judge Donald E. Adams Senior Probate Judge . COUNTY OF OAKLAND, a Michigan Constitutional Corporation By - Fred D. Houghten, Chairman Board of Commissioners CASEWORKER AGREEMENT APPENDIX A SALARIES (a) The following merit salary schedule shall prevail for the period from January 1, 1975, through 'December 31, 1975: CLASSIFICATION BASE 6 MONTHS 1 YEAR 2 YEAR Boy's Boarding Home Supv, 12,213 12,886 -1I,55-5- 1 -57;0-6-6 Child Welfare Worker I 10,868 11,596 Child Welfare Worker II ' 12,213 12,886 13,559 15,000 • Child Welfare Worker Trainee 9,000 Flat Rate Juvenile Court Intake Worker 15,939 16,560 Vocational Counselor . 12,213 12,886 13,559 15,000 (b) The following merit salary schedule shall prevail for the period from January 1, 1976, through December 31, 1976: CLASSIFICATION • BASE 6 MONTHS 1 YEAR 2 YEAR 3 YEAR Boy's Boarding Home Supv. 12,700 13,400 14,100 15,500 16,666 Child Welfare Worker I 11,303 12,060 Child Welfare Worker II 12,700 13,400 14,100 15,500 16,000 Child Welfare Worker Trainee 9,315 Flat Rate Juvenile Court Intake Worker 16,577 17,222 Vocational Counselor 12,700 13;400 14,100 15,500 16,000 ; 134 Commissioners Minutes Continued. March 20, 1975 „ , rt.':.E ,/(Y"K• F. ALREEMENT rAw B For the following fringe benefits refer o the Oakland Counly...Employees' Hal(dock: I, Injury on the Job 2, Holidays 3. 1( cs( Absence 4, t .• Insurance 5. 11 s' ,ty 6, Mc.si I M, Insurance 7. Sic! *8. Pet' r• nqa,1 9. Anne. I I ..d• *10. Income C ,ntinuation Insurance yTT:11. Dental - Effective January 1, 1976 *The Oakland County Employees' Retirement Plan shall be amended effective January 1, 1975, to provide that members covered by this collective bargaining agreement shall not be required to contribute to the retirement system.' **Effective March 1, 1975, benefits shall start on the day following the day a disability has lasted for a continuous namberof workdays equal to seventy percent (707) of the number of sick leave days the employee has earned since the first day of employment, but not before the eighth day Of disability. ***Refer to Memorandum of Understanding executed on April 3, 1975 outlining the Dental Plan and the Interpretations applying to the Plan, 1 THE OAKLAND COUNTY PROBATE COURT AND THE COUNTY OF OAKLAND ArD THE AMERICAN FEDERATION OF IP,,, couvY Arip_ml.mpAl wLpyjr byj7clo 110.Ji !AIL ilAii t!ots1-1/,',1WORKi P 1.14PLOYEES . . _ tc I t LI - 19/6 AG M : NT This agreement is made and entered into on this day of A.D., 1975, by and between the Oakland County Probate Court and the Oakland County Board of Commis- sioners, hereinafter referred to collectively as 'the 'Employer'', and Local 2437, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the Employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of all employees other than Caseworkers, of the Oakland County Probate Court, for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment and other terms and conditions of employ- ment, in the following bargaining unit for which they have been certified, and in which the Union Is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All employees cf the Oakland County Probate Court; excluding confidential employees, professional employees, (K(Tutives and supervisors. II. MANA(jIMIAlt RlEjAMIBLOTY The rig1T to hire, promote, discharge or discipline, arid to maintain discipline and efficiency of employecy, is the sole responsibility of the Employer except that Union Members shall not be discriminated against as such. In addition, the work schedules, methods and means of depart- mental operation are solely and exclusively responsibility of the Employer, subject, however, to the provisions of this agreement. III. DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deduct- ions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month, Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off deductions upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration date of the agreement. (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV. BASIS OF REPRFSENTATI.ON Section 1. There shall be one steward and an alternate steward for the following locations and shifts: Commissioners Minutes Continued. March 20, 1975 135 Children's Village - One (1) each shift Camp Oakland - One (1) each for the day and afternoon shift Court House - One (I) for the day shift Stewards will h permitted to leave their work, after obtaining approval of their respective supervisors and rr 'Tding their time, for the purpose of adju• limg •Tievances in accor- dance with the grievance pror• fur t and for reporting to the grievant clily• in status of this grievance. Permission for stetm:g-ds to leave their work stations will not rc unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance. discussion. The privilege of stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle greivances. Sc- inn 2_, There shall also be one Chief Steward and one alternate Chief Steward. tion, There shall be a Grievance Committee consisting of three (3) members of the represented -roup, certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient notice to the Employer, may substitute for a member or members of the Grievance Committee. The Employer t,hall meet whenever necessary, at a mutually convenient time, with the union grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances and to discuss procedures for avoiding future grievances, In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4 - Baraainiu Committee The Employer agrees to recognize one bargaining committee representing both the Probate Caseworker and Non-Caseworker bargaining units, such committee shall be composed of not more than five (5) members selected by the Union and certified in writing to the Employer. The Local President may participate as an additional member of the bargaining committee. NOTE: This combined Caseworker and Non-Caseworker Bargaining Committee is also referred to in Article IV of the Probate Caseworker current collective bargaining agreement, V. GRIEVANCE PROCEDURE The Employer and the Union support and subscribe to an orderly method of adjusting employee grievance'. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his steward, who shall attempt to resolve the grievance informally. In the event the steward is called, he shall be released from his duties as soon as possible, but in any event, no later than the beginning of his shift the next day. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board.' Step 1. If the grievance is not settled informally, it shall be discussed with the steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall be discussed between the steward and the immediate supervisor, and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. Step 3. A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days (excluding Saturday, Sunday and holidays) of the date of the receipt of the immediate supervisor's written reply. Any grievance not submitted to the Grievance Committee by written not to the Employer within five days shall be considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten (10) days unless the time is extended by mmtual agreement of both parties and the Employer will submit its written position on [he grievance to the Local President within seven (7) working days following the Grievance Committee meeting. Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association. Any grievance not appealed, from a decision in one of the steps of the grievance procedure, to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreements of the parties. VI. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards which shall be used by the Union for notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) 'Notices of Union recreational and social affairs; (h) Notices of Uni.on elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bona fide Union .affairs which are not political or libelous in nature. VII. SENIORITY 1 136 Commissioners Mindtes Continued. March 20, 1975 • ,i'ml. New employees may acquire seniority by working six (6) continuo , in which even t,, (m o loye's seniority will date back to the date of hire into the depart-All, nt. v''1( 0 the employee acouirc seniority, his name shall be placed on the seniority list, in the order o, his seniority date. Combined seniority shall be accumulated by an employee for work perform, ' in t1 ,- ki• sent two represented units in Probate Court and, in addition, an employee in either unit • I Le, cr •dited for service performed in non-represented Probate Court classifications, This combih I ,i• 1 seniority during the period of any layoff can be utilized as described in Article VIII (a), her, it set forth, only within the bargaining unit in which the employee is employed al the time layoff. An up-to-date seniority list shall be furnished to the Union every three (3) months. An employee shall lose his seniority for the following reasons! (a) If the employee resigns or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee is absent from work for three consecutive workino days, without properly notifying the Employer, unless a satisfactory reason is given; (d) If the employee does not return to work at the end of an approved leave; (e If the employee does not return to work when recalled from a layof ,- -(Ft that, an employee %hall rs , lose seniority if within three (3) days of receipt of notice of I I o work, he gives a wilt; I ha , i to the Employer ol his in ro return to work within five ('„i days of the receipt of ii Ii ol and does retnrn within the five (r.) day per Consideration may be given by the Employer - •r given by at employee who has given notice hut falls to retten, within the five (Joy r".•- ri•e_ L, Shift preference will be granted at Children's Village or Camp Oakland on the. basis of seniori., within the classification, provided the employee meets the qualifications of the vacancy. Shift prcference may be it only for vacancies created by employee separation, promo- tion or the creation of a new position. Vacancies created by employee transfers, as a result of shift preference, shall not be subject to shift preference. VIII. LAYOFF, RECALL AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the employees will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the same order. (b) If and when an employee is permanently transferred to another division within the Department, the President or Chief Steward shall be notified of said transfer by the Employer. IX. • RWTY SEPARATION l•Thoft-s who leave Probate Court employment, as a result of maternity, will be given employment prefer-,u , if they make application to return to the Probate Court and if a vacancy exists, in the classification in which they left, provided they apply within one year of separation and are qualified to return. . X. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit System. The employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. XI, GENERAL CONDITIONS Section I. The Union shall be not in advance of anticipated permanent major changes in workim conditions and discussions shall be held thereon. Section 2. The provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit, There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. Section 3. The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations. Section 4. Employees elected to any permanent full-time- union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the Union. Any employee on approved Union leave of absence will continue to accumulate Union seniority while on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule 22, Oakland County Merit System. Section When any position not listed on the wage schedule is filled or established, the County may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 6. In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to the units covered under this agreement. Section 7. Special conferences for important matters may be arranged at a mutually convenient time between the Local President and the Employer or its designated representative upon the request of either party. Such meeting shall be between at least two representatives of the Employer and no more than three employee representatives of the Union and the Staff Representative, if so • Commissioners Minutes Continued. March 20, 1975 desired. Arrangements for such special conferences shall be made in advance and an age.n,-, on the matters to he taken up at the meeting shall be presented at the time the conference i rc Matters taken up in special conferences shall be confined to those included in the aim a. The members of the Union shall not lose time or pay for time spent in such special conference'. Section 8. All supplemental agreements shall be subject to the approval of the Employer and the Council and/or International Union. They shall be approved or rejected within a period of forty-five (45) days following the date of the agreement between the parties. XII. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employees' Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reductionin such benefits as a consequence of the execution of this agreement. XIV. ECONOMIC MATTERS Wages and other economics are attached hereto as Appendix A and Appendix B. XV. NO STRIKE - NO tOCKOUT Under no circumstances will the Union cause or authorize or permit its members CO cause, nor will any member of the bargaining unit take part, in any strike, sitdown, stay-In or slowdown or any violation of any state law. In the event of a work stoppage or other curtailment, the Union shall immediately instruct the involved employees in writing, that their conduct is in violation of the contract and that all such persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. XVI. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1976. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of tertlinatIon of this agreement is provided to the other party in the manner set Forth in the following paragraph. In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by Such tribunal, the remainder of this Agreement shall not be affected ; thereby. AMERICAN FEDERATION OF STATE, COUNTY AND OAKLAND COUNTY PROBATE COURT MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 2437 Judge Donald E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation By Fred D. Houghten, Chairman Board of Commissioners NON-CASEWORKER AGREEMENT APPENDIX A SALARIES (a) The following merit salary schedule shall prevail for the period from January 1, 1975, through December 31, 1975: 137 138 Commissjoners Minute5 Continued. March 20, 1975 Classification Account Clerk I Account Clerk II Assistant Deputy Probate Register Auto Dict, a Auto Prod. Typist Children's Supervisor I Children's Supervisor II Clerk I Clerk II Clerk III Counter Clerk Court Cfficer - Probate Court Court ei,..-ter Trainee Court .ervice Officer I Court ',A-vice Officer II Departmental Clerk Dep. Prob. Register I Dep, Prob. Register II First Cook General Staff Nurse Houseparent Maint. Mechanic/Instructor Probate Court Clerk Probate Court Reporter I Probate Court Reporter II Second Cook Secretary Stenographer I Stenographer II Typist I Typist II SALARIES 3 6 1 3 4 Base Months Months Year Y - Years Years 7,659 7,314 7,970 8 -0 8,591 8,961 8,798 9,212 9,b26 10,040 10,454 7,659 7,814 7,970 8,280 8,591 8,901 7,659 7,814 7,970 8,280 8,591 8,901 8,500 8,775 9,040 9,700 10,360 11,000 6,314 6,417 6,521 6,728 7,142 7,297 7,452 7,763 8,073 8,384 8,177 8,332 8,487 8,798 9,108 9,419 7,659 7,814 7,970 8,280 8,591 8,901 7,245 9,212 9,522 9,833 9,005 9,367 9,729 10,454 10,971 11,799 12,627 13,455 8,694 9,108 9,522 9,936 10,350 8,591 9,005 9,419 9,833 10,247 10,661 10,971 8,173 8,302 8,432 8,691 8,949 9,208 10,661 11,282 11,903 12,524 8,720 8,992 9,263 9,807 10,350 9,729 10,143 10,557 10,971 6,935 7,090 7,245 7,556 7,866 8,177 10,661 11,282 11,903 12,524 12,834 13,559 14,283 7,449 7,656 7,863 8,277 8,694 9,108 9,522 9,936 10,350 7,142 7,245 7,349 7,556 8,177 8,332 8,487 8,798 9,108 9,419 6,521 6,624 6,728 6,935 7,349 7,504 7,659 7,970 8,280 8,591 (b) The following merit salary schedule shall prevail for the period from January 1, 1976, through December 31, 1976: 3 6 1 2 3 4 Classification Base Months Months Year Years Years Years *Account Clerk 1 7,965 8,127 8,289 8,611 8,935 9,257 *Account Clerk II 9,150 9,580 10,011 10,442 10,872 .),-*Assistant Deputy Probate Register 7,965 8,127 8,289 8,611 8,935 9,257 **Auto Dict. & Auto Prod.Typist 7,965 8,127 8,289 8,611 8,935 9,257 Children's Supervisor I 8,840 9,126 Children's Supervisor II 9,402 10,088 10,774 11,440 *Clerk 1 6,567 6,674 6,782 6 ,997 *Clerk II 7,428 7,589 7,750 8,074 8,396 8,719 *Clerk III 8,504 8,665 8,826 9,150 9,472 9,796 *Counter Clerk 7,965 8,127 8,289 8 -,611 8,935 9,257 Court Officer - Probate Court 7,535 Court Reporter Trainee 9,580 9,903 10,226 Court Service Officer I 9,365 9,742 10,118 10,872 Court Service Officer II 11,410 12,271 13,132 13,993 ',,,Departmental Clerk 9,042 9,472 9,903 10,333 10,764 *.),Dep. Prob. Register I 8,935 9,365 9,796 10,226 10,657 **Dep. Prob. Register II 11,087 11,410 First Cook 8,500 8,634 8,769 9,039 9,307 9,576 General Staff Nurse 11,087 11,733 12,379 13,025 Houseparent 9,069 9,352 9,634 10,199 10,764 Maint. Mechanic/Instructor 10,118 10,549 10,979 11,410 Probate Court Clerk 7,212 7,374 7,535 7,858 8,181 8,504 Probate Court Reporter 1 11,087 11,733 12,379 13,025 Probate Court Reporter II 13,347 14,101 14,854 15,600 Second Cook 7,747 7,962 8,178 8,608 *Secretary 9,042 9,472 9,903 10,333 10,764 *Stenographer I 7,428 7,535 7,643 7,858 *Stenographer II 8,504 8,665 8,826 9,150 9,472 9,796 *Typist 1 6,782 6,889 6,997 7,212 *Typist II 7,643 7,804 7,965 8,289 8,611 8,935 -:,For these classifications designated with a single asterisk (*), any wage increases which are granted during the year 1976 to identical- classifications throughout the County over the above scheduled wage rates, then that amount of increase which is over the above scheduled rates will be applied to the wage rates of such classifications. Commissioners Minutes Continued, March 20, 1975 139 ';:-*I n the event wage increases are granted to classifications in the manner noted in p aragraph shove, then the dollar amount of the differentials between classifications designated both with a single asterisk (*) and the classifications designated with this double asterisk (**) will be main- tained. NON-CASEWORKER AGREEMENT APPENDIX B For the following fringe benefits, refer to the Oakland County Employees' Handbook: 1. Injury on the lob 2. Holidays 3. Leave of Absence 4, Life Insurance 5, Longevity 6. Master Medical Insurance 7, Sick Leave tt8. Retirement 9. Annual Leave :*10. Income Continuation Insurance II. Dental - Effective January 1, 1976 The Oakland County Employees' Retirement Plan shall be amended, effective January 1, 1975, to provide that members covered by this collective bargaining agreement shall not be required to contribute to the retirement system. *-Effective March 1, 1975, benefits shall start on the day following the day a disability has lasted for a continuous number Of workdays equal to seventy percent (70%) of the number of sick leave days the employee has earned since the first day of employment, but not before the eighth day of disability. ***Refer to Memorandum of Understanding executed on April 3, 1975 outlining the Dental Plan and the Interpretations applying to the Plan. OAKLAND COUNTY BOARD OF AUDITORS Oakland County Court House 1200 North Telegraph Road Pontiac, Michigan 48053 April 3, 1975 Mr. Byron DeLong Staff Representative Metropolitan Council #23 AFSCBME, AFL-C10 24611 Greenfield Southfield, Michigan 48075 RE: LETTER OF UNDERSTANDING - RULE CHANGES Dear Mr. DeLong: During the recent collective bargaining negotiations between Local 2437, Council 23, of the American Federation of State, County and Municipal Employees, and the Oakland County Probate Court and the County of Oakland, following considerable discussion, the following understanding was reached: For purposes of communication, notice will be given to the Union of proposed Merit System rule changes affecting employees in this bargaining unit, being brought before the Personnel Com- mittee of the Board of Commissioners. It is the intent these proposed changes will be presented to the Union as closely as possible to the time they are given to the above stated committee. Sincerely, Kenneth J. Vinstra /s/ Chief of Labor Relations and Classification KJV:lmg JUVENILE COURT FOR THE COUNTY OF OAKLAND Oakland County Court House 1200 North Telegraph Road Pontiac, Michigan 48053 April 3, 1975 Mr. Byron DeLong Staff Representative Metropolitan Council #23 AFSC&ME, AFL-C10 24611 Greenfield Southfield, Michigan 48075 RE: Letter of Understandina Dear Mr. DeLong: During the recent collective bargaining negotiations between Local 2437, Council 23, of the American , Federation of State, County and Municipal Employees, and the Oakland County Probate Court And the County of Oakland, following considerable discussion, the following understandings were reached: 1. In the event of a layoff, the Employer shall furnish the Local Union a list of the employees to be laid off, such list to be furnished one week prior to the layoff, if possible, but in any event no later than the date the employee is notified. 140 Commissioners Minutes Continued, March 20, 197S 2. Part-time eligible employees shall hat , preference on a seniority basis to fill full-time vacancies within the bargaining unit in the cla! ifi- Aions in which they have status. 3. In the event that two or more people •coin employment in the bargaining unit on the same day, the following method shall be used to determine their respective placement on the seniority list. Using the last two digits of the empli,..7c,es' social security numbers, the Personnel Department shall, beginning at the top of the (far) left hand column in the random number table attached to this letter, proceed down the first column to locate the respective employees' last two digits of their social security numbers. The order in which they appear in the table shall determine the order of their seniority. If more than one column is required, the search shall proceed at the top of the next column immediately to the right and continue in that fashion until all numbers are located. In the event that the last two numbers of the social security numbers of employees involved in this process are the same, the first two numbers of the last four shall be used to determine the respective placement for those employees only. Sincerely, James W. Hunt /s/ Director MEMORANDUM OF UNDERSTANDING. OUTLINE OF DENTAL PLAN AND THE INTERPRETATIONS APPLYING TO THE PLAN This understanding was reached during the recent collective bargaining negotiations between Local 2437, American Federation of State, County and Municipal Employees, AFL-C10 and the Oakland County Probate Court and the County of Oakland. The following Dental Insurance Plan, and Interpretations applying to the Plan as shown throughout in italics, will be placed in effect on January 1, 1976; DENTAL PLAN SPECIFICATIONS AND INTERPRETATIONS I. ELIGIBILITY (On and after the effective date) All active and full time employees with twelve (12) months seniority and their eligible dependents. ELiaible Dependents Will Include: I. Spouse of an employee. 2, Unmarried children to age 19. II. DEDUCTIBLE $25 per calendar year deductible per covered individual for Type II and III expenses only. No deductible for Type I expenses. BASIS OF BE PAYMENT .Reasonable and Customary Char e. Reasonable and Customary Mm The actual fee charged Ly a di ntist for a service rendered or supply furnished but only to the extent that the fee is reasonable, taking into consideration the following: 1. The usual fee which the individual dentist most frequently charges the majority of his patients for a service rendered or a supply furnished; and 2. The prevailing range of fees charged in the same area by dentists of similar training and experience for the service rendered or supply furnished; and 3. Unusual circumstances or complications requiring additional time, skill and experience in connection with the particular dental service or procedure. Area, as it would apply to any particular service or supply, means a metropolitan area, a County or such greater area as is necessary to obtain a representative cross section of dentists rendering such services or furnishing such supplies. IV. MAXIMUM BENEFIT 100% and 85';' Services - $750 per person, per contract year. 50% Services - $500 lifetime benefit per person covered. V. CO-INSURANCE/COVERED EXPENSES Covered dental expenses should include the charges of a dentist, which an eligible is required to pay for services and supplies which are necessary for treatment of a dental condition, but only to the extent that such charges are reasonable and customary charges for services and supplies customarily employed for that condition and only if rendered in accordance with accepted standards of dental practice. "TYPE I" Services - 100% Rate of Payment A. Non-Orthodonic I. Preventative a. Routine oral exams and prophylaxis - once every six (6) months. Charges for a prophylaxis performed by a licensed dental hygienist should be included as a Covered Dental Expense if this service is rendered under the supervision and guidance of a dentist. b. Topical application of fluoride. Charges for the topical application of fluoride performed by a licensed dental hygienist are to be included as a Covered Dental Expense if this service is rendered under the supervision and guidance of a dentist. c. Space maintainters that replace prematurely lost teeth for children under age 19. "Space maintainers" coverage should include: - Fixed, lingual and palatel arch band - Fixed stainless steel crown - Fixed unilateral band - Fixed, cast - Removable, acrylic Comissioners Minutes Continued, Mi)r-ch 20, 1975 141 2. Emr1 / v Tr-atment• Shoul ,1 I. be only those emergency dental procedures performed to temporarily alleviiitc or r - In ye ::ute pain - not affect a cure, "TYPE II" Ii•r ,i ,, - Rate of Payment A. Diagnostic 1, Dental X-Rays - full mouth every 36 months, bitewings every 6 months and other x-rays as required in connection with diagnosis of a specific condition. Dental x-rays should include: - Bitewings - Periapecais . - Full mouth series (12-14 periapecals plus 2-4 bitewings) - Panorex - Occlusal - Posteranterior, lateral skull, facial bone and temporomandibular joint-extra oral x-rays for specific diagnostic purposes B. Oral Surgery and Extractions Oral surgery coverage should include benefits for: - Alveolectomy - Alveoplasty - Reduction of tuberosity - Reduction of mylohyoid ridge Vestibuloplasty with and without grafts - Incision and drainage of abscesses • - Sequiestrectomy - Excision of tumors - Removal of tori. - Frerectomy "Extractions" benefits should include coverage for routine or simple extractions as well as surgical extrEc,ions. C. Retortiu 1. Fill - amalgam, silicate, acrylic, synthetic porcelain and composite restorations. 2. Other - inlays, onlays, gold fillings or crowns when restorative cannot be accomplished with materials shown in 1. above. D. Endodontic Treatment Endodontic treatment coverage should include benefits for: - Root canal therapy - Pulp capping - Pulpotomy - Apicoectony E. Periodontic Treatment of the Gums and Tissues of the Mouth Periodontic treatment should include benefits for: - Sealing - Root planing - Gingival curettage . - Gingivectomy - Gingivoplasty - Osseous surgery F. Repair - or recementing of crowns, inlays, onlays, bridgework and dentures including relining or rebasing of dentures) more than six (6) months after initial installation, but not more than once in any period of thirty-six (36) consecutive months. G. Other 1. General anesthesia when medically necessary and administered in connection with oral surgery. 2. In of antibiotic drugs by attending dentist. "TYPE III" Services - 50% Rate of Payment A. Prosthodontics Construction, placement or replacement of bridges or dentures. B. Orthodontic Diagnostic procedures and treatment for correction of malocculusion for children under 19 years of age. (End of the day immediately preceding the 19th birthday.) Orthodontic coverage should include benefits for: - Preventative and interceptive orthodontic treatment - Comprehensive orthodontic treatment - Post-treatment supervision - Surgical orthodontics - Functional/myofunctional therapy VI. LIMITATIONS A. Restorative I. Gold„baked_porcelain restorations _crowns and jackets.. 142 Commissioners Minutes Continued, March 20, 1975 If a tooth can f restored with a material such as amalgam, payment of the applicable percenl .f the Cq A ,• .ar that procedure will be made toward the charge for another type of restor ,tinn ,• lected bv it lent and the dentist. cr. cda,:: mem f.ded ca; the applicable percentage will be made toward the cost of procedures necessary to elihdr .0 ,a •l .. •m.nd to replace missing teeth. Appliances or restorations necessary to increase vertical I,A. It tore the occlusion are considered optional. 6. Prc'tl • I I. '.tt i n It , n n nnn o or acrylic partial denture will restore the dental arch satis- factorily, payment ( Ic a ,11 I A' percentage of- the cost of such procedure will he made toward a more elaborate or pr Ii ,• lc il ii ,t patient and dentist may choose to use 2. tl. .iaa of complete denture services, the patient and dentist decide on personalized re' tot or 51. . ial,zed techniques as opposed to standard procedures, payment of the applicable percentage of the cost of the standard denture services will be made toward such treatment. 3. Repl ,(•,,,nt of Existips_Dentures kepiti nt of an existing denture will be a covered dental expense only if the existing denture is tin •r ic , ble and cannot he made serviceable. Payment based on the applicable percentage will be made oward the cost of services which are necessary to render such appliances serviceable. Replacemeot of prosthodontic appliances will be a covered dental expense only if at least five years have el r ,,•1 since the date of the initial installation of that appliance. C. Orthod,mti. 1. If ,..T,h,„Iontic treatment is terminated for any reason before completion, the obligation to pay benefits will cease with payment to the date of termination, If such services are resumed, benefits for the services, to the extent remaining, shall be resumed. 2. The monthly benefit payment for orthodontic services shall he only for months that coverage is in force. VII. ADMINISTRATIVE' CONTROL. FEATURES - A. Cost and Quality:Controls 1. Pre d, lerminotion (pre-estImate) of procedures and charges for courses of treat- ment expected to cost -)100 or more. Ii. Al turn C,,urse I. Pay,, n, '„imuld be made for service which will achieve professionally adequate results. The patient and dentist are free to use the resulting benefit toward the dental service of their choice. C. Coordination of Benefits 1. Standard. DENTAL PLAN SPECIFICATIONS - EXCLUSIONS No coverage will be provided for: I. Services provided for under Oakland County's Group Hospital-Surgical-Major Medical program. 2. Charges for veneers or similar properties of crowns and pontics placed, or replacing teeth, other than the ten upper and ten lower anterior teeth. 3. Charges for services or supplies that are cosmetic in nature, including charges for personalization or characterization of dentures. 4. Charges for prosthetic. devices (including bridges), crowns, inlays and onlays, and the fitting thereof which were "ordered" while the individual was insured for Dental Expense Benefits but are finally installed or delivered to such individual more than sixty (60) days after termination of coverage. The term "ordered" means, in the case of dentures (complete or partial), that impres- sions have been taken from which the dentures will be prepared. In the case of fixed bridgework, restorative crowns, inlays and onlays, the term means that.the teeth which will serve as abutments or support or which are being restored have been fully prepared to receive and hupressions have been taken from which the bridgework, restorative crowns, inlays or on lays will be prepared. 5. Charges for the replacement of a lost or stolen prosthetic device.' 6. Charges for failure to keep a scheduled visit with the dentist. 7. Charges for the replacement or repair of an orthodontic appliance. 8. Charges for services or supplies which are compensable under a workmen's compensation or employer's liability law. 9. Charges for services or supplies for which no charge is made that the employee is legally obligated to pay or for which no charge- would be made in the absence of dental expense coverage. 10. Charges for services or supplies which are not necessary, according to accepted standards of dental practice, or which are not recommended or approved by the attending dentist. I. Charge for services or supplies which do not meet accepted standards of dental practice, including charges for services or supplies which are experimental in nature. 12. Charges for services or supplies received as a result of dental disease, defect or injury due to an act of war, declared or undeclared. oners Minute', Umtinned. March 70 Mt, 143 13. Charges ra- r,-,; nr Jppli• • f.-om any governmental tocy which are obtained by the individual without' .nc wit:, laws or regulations . 'act 'd by any federal, state, municipal or other governs, nt d body, 14. Charges for —ny duplicate prosthetic device or any other duplicate appliance, 15. Charges for any services to the extent for which benefits are payable under any health care program supported in whole or in part by funds of the federal government or any state or political , subdivision thereof, 16. Charges for the completion of any insurance forms. 17. Charges for sealants and oral hygiene and dietary instruction. 18. Charges for a plague control program. 19. Charges for implantology. NOTE: Any application by future usage of the above interpretations shall be solely a matter between the employee and the insurance carrier. Dated this day of , A.D., 1975. AMERICAN FEDERATION OF STATE, COUNTY AND OAKLAND COUNTY PROBATE COURT MUNICIPAL EMPLOYEES, METROPOLITAN COUNCIL NO, 23, AFL-C10, LOCAL 2437 Judge Donald E. Adams Senior Probate Judge • COUNTY OF OAKLAND, a Michigan Constitutional Corporation By Fred D. Houghten, Chairman Board of Commissioners The Chairman referred the resolution to the Finance Committee. There were no objections. Misc. 7030 By Mr. Kasper IN RE: MILEAGE PAYMENT SCHEDULE To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS collective bargaining negotiations with the Caseworker and Non-Caseworker Units of the Probate Court resulted in an agreement to change the mileage reimbursement for the use of privately owned automobiles. used on County business; and WHEREAS it has been the County's policy to pay such mileage at a uniform rate scale to all County employees and officials; and WHEREAS the cost of operating an automobile has continued to rise in recent months and shows no signs of easing in the near future; and WHEREAS the estimated cost of the proposed increase would be $19,091 for 1975 if the in- crease is applied at a uniform rate to all County employees and officials, NOW THEREFORE BE IT RESOLVED that effective January 1, 1975, the reimbursement schedule for the use of privately owned automobiles on County business be adjusted for County employees except those represented in collective bargaining by the Oakland County .Government Bar Association, and Locals 1905, 1998 and the Sheriff Unit of Local 1445 of the American Federation of State, County and Municipal Employees: FROM: 14( per nil le for the First 600 miles per month 12( per mile for all miles in excess of 600 miles per month TO: 15c per mile flat rate for all miles driven AND BE IT FURTHER RESOLVED that the provisions of Miscellaneous Resolution 1/6273, adopted April 10, 1973, defining the mileage for which Commissioners are reimbursed, be continued. The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. PERSONNEL. COMMITTEE Paul E. Kasper, Chairman The Chairman referred the resolution to the Finance Committee. There were no objections. Misc. 7031 By Mr. Kasper IN RE: AMENDMENT TO OAKLAND COUNTY EMPLOYEES' RETIREMENT PLAN To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS this Board, on December 19, 1974, amended Section 38(b) of the Oakland County Employees' Retirement Plan to provide for the elimination of the 67, employee contribution to the Plan by those members who are not •represented by a collective bargaining unit; and WHEREAS collective bargaining negotiations with the Caseworker and Non-Caseworker Units of the Probate Court and the Security Unit of the Department of Central Services resulted in an agreement to eliminate, effective January 1, 1975, the 6% employee contribution to the Oakland County Retirement Plan by those members represented by the above-named bargaining units; and 144 Commiloners Minutes Continued. March 20, i975 WHEREAS the County of Oakland is involved in collective bargaining with other bargaining - units which have not reached agreement on elimination of the 6% employee contribution; NOW THEREFORE BE iT RESOLVED that the Oakland County Employees Retirement Plan he and the same is hereby amen I'd by striking in its entirety the present 38(b) and inserting therein a new 38(b) to read as fc 'Employe, ' Se,,ings, Fund: Section (b) A m.mber's contribution to the retirement system shall b- of his compensation, provided that effeL,Ive January 1, 1975, no members shall be requir 1 contribute to the retire- ment system except these represented by bargaining units where a Lion •.-.ce -rient has not been ratified by Ihe Union and the County of Oakland incorporating the elimination of he contribution, or where a labor agreement has been ratified and provides for the elimination of the contribution on a date sub- sequent to Janudry 1, 1975." The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing . resolution. PERSONNEL COMMITTEE. Paul F. Kasper, Chairman The Chairman referred the resolution to the Finance Committee. There were no objections. Misc. 7032 By Mr. Kasper IN RE: IMPROVEMENT OF EMPLOYEE TEMPORARY DISABILITY INCOME CONTINUATION PLAN To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS collective bargaining negotiations with the Caseworker and Non-Caseworker Units of the Probate Court and the Security Unit of the Department of Central Services resulted in an agreement to improve the present •mployee Temporary Disability Income Continuation Plans; and WHEREAS it continues t Ii to the County's advantage to apply fringe benefit programs uniformly to all eligible empl(—. Aether they are part of the forty percent (40P represented by bargaining units or the si,,Ly p• 1,ent (60%) not represented; and WHEREAS the tentative cc t to apply the proposed improvement to all eligible County employees is within the amount included in the Salaries Portion of the 1975 Budget document approved by this Board on December 19, 1974, NOW THEREFORE BE IT RESOLVED that the present employee Temporary Disability Income Con- tinuation Plan be improved by reducing the waiting period for payment of benefits for all eligible County employees except those represented by bargaining units where a labor agreement has not been ratified by the Union and the County of Oakland incorporating the improvement: FROM: An absence from work dui to disability caused by illness or accidental bodily injury for a period of working days equal to 8'y of the total number of sick leave days the employee has earned in employment with Oakland County, TO: An absence from work due to disability caused by illness or accidental bodily injury for a period of working days equal to 70% of the total number of sick leave days the employee' has earned in employment with Oakland County. The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE Paul E. Kasper, Chairman The Chairman referred the resolution to the Finance Committee. There were no objections. REPORT By Mr. Kasper IN RE: MISCELLANEOUS RESOLUTION 1/6985 - ORDINANCE TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Personnel Committee, by Paul E. Kasper, Chairman, reports Miscellaneous Resolution No. 6985 with the recommendation that the resolution be adopted. PERSONNEL COMMITTEE Paul E. Kasper, Chairman "Misc. 6985 By Mr. Kasper .40- IN RE: ORDINANCE TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM Ti) the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the provisions of Act 170 of the Public Acts of 1958, as amended, permit the County to adopt an Ordinance establishing an Unemployment Compensation System; and WHEREAS Act 104 of the Public Acts of 1974, as amended, requires the County to establish an Unemployment Compensation System; and WHEREAS your Committee has reviewed and recommends that the Ordinance attached hereto to establish an Unemployment Compensation System be adopted. Commissioners Minutes Continued, March 20, 1975 145 NOW THEREFORE BE 11 RESOLVED that the County of Oakland adopts an DI Hr. entitled "An Ordinan ,,e to Establish An Unemployment Compensation System" to provide tor unemployment compensation In, (.11ployee5 of the County of Oakland. the Pertonnel Committee, by Mr, Paul E, Kasper, Chairman, moves the adoption of the foregoing resolution. PERSOUNI L COMMITTEE Pout . Ko per, Chairman ORDINANCE NO, AN ORDINANCE TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM THE COUNTY OF OAKLAND, STATE OF MICHIGAN, CRDAINS: Section I. 'b.em-t1 lyment Compensation System There is her ,v established an unemployment compensation system and benefit plan for employees of the County of Oakland to be administered by the Personnel Committee of the Oakland County Board of Commissioners. This plan is established pursuant to Act No. 170 of the Public Acts of 1958, as amended, of the State of Michigan. Section 2 • Definitions "Average Weekly Wage" with respect to a base period of employment, shall be the amount determined by dividing total wages for credit weeks earned by the number of such credit weeks chargeable to the County of Oakland as employer. "Base Period" means the period of 52 consecutive calendar weeks ending with the day immedi- ately preceding the first day of an individual's benefit year. "Benefit Year" with respect to any individual means the period of 52 consecutive calendar weeks beginning with the first calendar week with respect to which the individual, who does not already have a benefit year in effect, files a claim for benefits under this Ordinance provided that the individual has earned wages of at least $25.01 in 14 or more calendar weeks within the Base Period. Such weeks are called "Credit Weeks". "Benefits" means the money payments payable to an eligible and qualified individual, as provided in this Ordinance, with respect to unemployment. "Director of Personnel": All references to Director of Personnel herein shall refer to the Director of Personnel of the County of Oakland. "Unemployed": An individual shall be deemed unemployed with respect to any week during which he performs no services and with respect to which no remuneration is payable to him, or with respect to any week of less than full-time work if the remuneration payable to him is less than his weekly benefit rate. "Wages" means remuneration paid for employment but shall not include any employee payment for life or health insurance, pension, equipment allowance or similar payment. Section 3. Benefit Rates Benefit payments shall begin with the effective date of unemployment and shall be cal- culated according to the following rules: a) The weekly benefit rate shall be determined as set forth in the Michigan Security Act Weekly Benefit Rate Table in effect at the time an employee is laid off. b) The family class category of a lid off employee shall be determined as stipulated and provided by the Michigan Employment Security Act. A dependent shall be as defined by the Michigan Employment Security Act. c) Employees shall be entitled to three (3) weeks of benefits for each four (4) credit weeks earned working for the County of Oakland up to a maximum of twenty-six (26) weeks for thirty- five (35) earned credit weeks, provided that the claimant has worked the week in which the claimant applied for benefits. The minimum duration shall not be less than ten and one-half (10 1/2) weeks if the claimant worked fourteen (14) weeks and earned at least $25.01 in each week. d) Any change in the rate of regular benefits and their duration that would be mandatory to meet the requirements for equivalency with the Michigan Employment Security Act shall become effective on the same day to change the method of determination of benefits as provided in this section. Section 4. Authorization of Payment Payment of unemployment benefits shall be based on a certification from the Director of Personnel. Such certification shall contain all information necessary for payment. A record of the benefits received by each individual shall be maintained by the Director of Personnel. Section 5. Employees Covered Except as provided by Section 6, employees covered by this Unemployment Compensation System, shall consist of the employees in the classified Merit System of the County of Oakland as defined by the Oakland County Merit System Resolution and County employees assigned to Community Mental Health, and District Court Probation Department, and by the Rules and Regulations of the Oakland County Merit System. Section 6. Employees and Persons Not Covered Employees not covered by this unemployment compensation system shall be: a) Employees in the unclassified service including but not limited to elected and appointed officials. b) Persons providing contractual service to the County as specialists, independent con- tractors or employees thereof. c) Employees who are or were at the time of their employment by the County, students enrolled on a regular basis in high school, college, graduate school or any other school in which primary status As clearly that of a student or any persons hired as students. 1. iii rini r Minutes Continued, March 20, 1975 I) Seasonal, temporary, and part-time employees as defined by the Oakland County Merit System. e) Service performed by an individual where compensation is derived at least 50'i, from federal funds received under a specific federal program for which an application was made and whose employment is ti rminated due to discontinuance of the federal funding, I) '.•• /ice by a student under the age of 18 regularly attending either a public or private school below t.. (liege level and the employment was part-time or within the vacation period of the school, or a p rt of the school curriculum. Sect , .n 7, Eligibility for Benefits A claimant to be eligible for benefits must be employed, as defined, and must make a claim for benefits in the manner prescribed by the Director of Personnel and further must: at Be able and avilable to perform full-time work which he is qualified to perform by past experience or traising, and of a character generally similar to work for which he has earned wages; and b) sIn ompl grice with registration and reporting requirements; and c) I. . I.ng sr Sec igs,. h gg .1 if cat ions A claimi,gt is diagg..lifled from receiving benefits if the Director of Personnel finds that an individual is unemployed due to Ineligible termination or separation as specified in Section 9, has left his work voluntariI, e.- ' accepted permanent full-time work with another employer, or has failed without lust cause I , .,i [y for available suitable work or has failed to accept suitable work when offered, or has failed wfin directv i to m turn to his customary work. Secien 9. inelLajble Tc.i.inatiers , d An employee shall not be el iqil I i•:;. brie rii. under the unemployment compensation system established f / Ifi!. Ordinance, if the unemployment shall r• sit from: 1. -tirisgent under the Oakland County I mph' ci L'Alrement System or any future retirement system coverin i County employees, 2. D—charge or .sespension for misconduct connected with one's work, for intoxication while at work, for absence due to imprisonment, or for an act of assault, theft or sabotage connected with his work. 3, Resignations, including resigi 'titans in lieu of discharge. 4. Leaves of absence for any m. • • , whether voluntary or involuntary. 5. Temporary separations made ,•1 the request of the employee. 6. Participation or direct intu • A in a labor dispute including any strike, unauthorized work stoppages, or other ccaci7 -.•d action. Section 10. r A flf and Restrictions on Benefits Benefit .• .1 he f..:id weekly at a time and place fixed by the Personnel Comittee, All beneficiaries must rs:orl as ly to the Merit System Office on designated days for weekly benefit checks and determine.icn of continuing eligibility. For continuing eligibility, a beneficiary must be actively seeking work, and must be registered with the Michigan Employment Security Commission. No beneficiary who shall refuse any reasonable bona fide offer of employment shall receive any benefits after such referral. Section 11. Rule' -nd Procedures Rul and pro,••d rig . ifrsluding any necessary forms may be established by the Personnel Committee tc 5 nister the Ut<mployment Compensation System. The Director of Personnel or his designee may I rin suit in th., name of the County of Oakland to recover any moneys paid upon a fraudulent or untrue application or claim. Sectii,n 12. Determinations The Director of Personnel or his designee shall promptly make a determination after an application for benefits is filed whether the claimant is a covered individual eligible and qualified to draw benefits based upon the available information. The Issuance of each benefit check shall be considered a determination that the claimant receiving the check was a covered individual eligible and qualified for benefits. Where a claimant refuses work or fails to apply for work or in any other way is or becomes disqualified or ineligible for benefits, the Director of Personnel or his designee shall promptly make a written determination of such disqualification or ineligibility and shall send the claimant notice thereof. Section 13. Redeterminations Upon the written request of any claimant within 15 days following any determination or decision respecting qualification, eligibility or rate of benefits, the Director of Personnel or his designee shall promptly review the prior determination and, if necessary, may order a hearing thereon. Upon review with or without hearing, the Director of Personnel or his designee shall issue a redeter- mination affirming, modifying or reversing the prior determination and stating the reasons therefor. Such redetermi'hation shall Li final unless an appeal is filed as provided in Section 14 (below). Section 14. App !.f•__ There is hereby established an Unemployment Compensation Appeal Board, to consist of three members appointed by the Chairman of the Oakland County Board of Commissioners, subject to the ap- proval of the Board of Commissioners. In the first instance members shall be appointed for terms ending 1, 2 and 3 years from January 1, 1975. Thereafter, each member shall be appointed for a term of 3 years ending at midnight December 31. It shall be the duty of the board to review determinations and decisions of the Director of Personnel pertaining to this Unemployment Compensation System pro- vided that a claim of appeal is filed within 15 days of such decision or determination. The time to i I ,Ii IIIt o ,) iip pe.s I . I shall nor I.' ii until an employee has been notil It ii in writing of hi; right Cw,missioners Minutes Continued, March 20, 1975 147 IOH 1. Pp''I Ii.., i lui fhe appeal bo,id m./ on ,fc •.wn motion affirm, modify, set aside or reverse any decision ceorder on the basis of the evidfl“ ,1%viously -dbmitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision or order to initiate further appeals before it The appeal board shall promptly notify parties of its findings and decisions and its reasons therefor but may omit the giving of any reasons if the previous order, decision or determination is affirmed without any alteration or modification. Section 16. Procedure, Reports, Record of Proceedings on Appeal, Transcripts of Testimony The manner in which appeals to the appeal board shall be presented, the reports thereon required from the interested party or parties, and the procedure governing such appeals shall be in accordance with rules prescribed by the appeal board. A full and complete record shall be kept of all proceedings in connection with an appeal. Staff, space and such clerical service as is needed shall be provided by the Director of Personnel to the appeal board. Section 17. Extension of Time Whenever the last day of the period to apply for redetermination or to appeal any decision, determination or redetermination, falls on a Saturday, Sunday or legal holiday, such period shall run until the end of the next day which is not a Saturday, Sunday or holiday. Section 18. Finances Financing shall be accomplished through the Unemployment Compensation System Fund, herewith established to account for related revenue and expenditures, including payment of unemployment benefits. The Director of Personnel shall recommend to the Personnel Committee annual appropria- tions to be made - for this activity, provided that no appropriations will be required after fund balance of $100,000.00 has been accumulated in the Unemployment Compensation System Fund, Section 19. False Statements No person shall, with intent to deceive, make any false or untrue statements or reports. In lieu of criminal action based on any false or untrue statements or reports, the appeal board may recommend disciplinary or other action to the controlling department, board or connisslon. Section 20. t t hjjno_He_adings The eatchline cf Lhc suctions of this Ordinance shall in no way be considered N) he a part of the respective sections or of this Ordinance but are inserted herein for purposes of convenience, Section 21, Severabillty If any section, paragraph, sentence of this Ordinance shall be held invalid for any cause the same shall not affect any other section, paragraph or sentence of this Ordinance. FINANCE COMMITTEE REPORT By Mr. Wilcox Ark IN RE: MISCELLANEOUS RESOLUTION #6985 - ORDINANCE TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI, C of this Board, your Finance Committee reports that the necessary funds to establish an Unemployment Compensation System for employees of the County of Oakland have been provided in the 1975 Budget, FINANCE COMMITTEE Richard R. Wilcox, Chairman Moved hy Kasper supported by Moffitt that resolution 0985 he adopted. AffS: (;oy, Daly, Dearhorn, Douglas, Dunleavy, Fortino, Hoot, Houghton, Kasper, Lennon, Muhonald, Mull ill Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Mr. Nowak IN RE: MISCELLANEOUS RESOLUTION 117009 - ADDITIONAL PAYMENT TO ARCHITECT FOR SOCIAL SERVICES BUILDING RENOVATIONS, PROJECT 70-12 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Planning and Building Committee, by Patrick M. Nowak, Chairman, reports Miscellaneous Resolution No, 7009 with the recommendation that the resolution be adopted, PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman 148 Commissianers Minutes Continued, March 20, 1975 "Misc. 7009 By Mr. Nowak IN RE: ADDITIONAL PAYMENT TO ARCHITECT FOR SOCIAL SERVICES BUILDING RENOVATIONS, PROJECT 70-12 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen; WHEREAS the Social Services Building Renovation, Project 70-12, is being finalized; and WHEREAS the architectural firm of Harley, Ellington, Pierce, Yee Associates has requested an additional sum of 518,167,42 for additional services performed on said renovation project, copy of detailed explanation attached hereto; and WHEREAS your Committee recommends payment of said additional architectural fees with con- currence of Civil Counsel as justifiable claims under the Contract; and WHEREAS an additional sum of 57,215,46 is needed to cover additional electrical costs in- volved in the installation of furniture and equipment for the Department of Social Services; NOW THEREFORE BE IT Pi .i0LVED that an additional payment of $18,167,42 be and is hereby authorized to the architectur 1 firm of Harley, Ellington, Pierce, Yee Associates for additional architect services performed on Project 70-12, Social Services Building Renovations, and art additional • sum of $7,215,46 to cover additional electrical costs involved in the installation of furniture and equipment for the Department of Social Services. The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution, . PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman" OAKLAND COUNTY DEPARTMENT OF FACILITIES AND OPERATIONS - ENGINEERING DIVISION SOCIAL SERVICES BUILDING RENOVATIONS - EXTRA FUNDS REQUEST PROJECT 70-12 February 14, 1975 Architectural Contract The Architectural Contract for this project provided that the fee would be 7 percent of the construction cost up to $1,000,000 and then at the rate of $70 per $1,000 or fraction thereof of construction cost. The final construction cost on work handled by the Architect amounted to $1,286,492.17. The fee Eased or this construction cost is $90,090, Also, the Contract allows for certain reimbursable expenses which totalled $24,889.23 on this project (details listed on the attached sheet), The total tnr—a two items are: 590,05JOu - Basic Fee - Reimbursable Expenses Total The amount already paid is 592,327.23 which leaves $22,652,00 to be paid. Of the $22,652,00 owed, the Architect has agreed to reimburse the County $4,484.58 for an error in design which resulted in extra construction cost to the County in that amount. Thus in summary, to close this project, an additional $18,167.42 is needed. The reason for the delay in requesting these funds is that initially the Architect requested $34,428.15 in extra cost and it took over 12 months of negotiations to agree on a final figure (see attached Architect's letter of January 24, 1975). Electrical Cost The State Social Services Department decided to use the office landscaping type furniture in this building. It cost the County $16,934.36 to provide electrical and telephone service to the individual furniture units and the County requested full reimbursement for this cost in 1973. In latter part of 1974 the State notified DFO that a maximum of 55 percent or $8,818.90 would only be paid. This left $7,215.46 to be funded. Summary TO allow for the final closing of this project a sum of: $18,167.42 - Architect's Fee 7,215.46 - Electrical Cost TOTAL 25,382.88 say $25,400.00 will be needed. This sum is included under Other Miscellaneous Work of Item V of the September 30, 1974, Social Service Building Cost Report (given to you at the February 6 meeting of the Planning and Building Committee), OAKLAND COUNTY DEPARTMENT OF FACILITIES AND OPERATIONS - ENGINEERING DIVISION ARCHITECT'S EXTRA COST - SOCIAL SERVICES BUILDING PROJECT 70-12 February •14, 1975 Listed below are the final cost figures agreed to as justified reimbursable expenses to be paid to the Architect to allow closing of this project: I. Printing (Drawings and SpacificatIons $ 2,271.85 2. Design changes for Health Clinic Relocation - 2,871.75 3. Design of Office Landscape Layouts - 1,968.66 4. Design of Air Conditioning of Building C - 3,109.66 5. Deletion of various items originally designed but then eliminated to reduce construction cost: (a) Work in Building D - 1,493.75 (b) Tuckpointing 840.70 (c) Stair 732.00 (d) Water Pump 578.50 (e) Steel Roof--Building B 269.38 149 Commissioners Minutes Continued, March 20, 1975 E. Revised Design of Clothing Store - 1,206.38 7. Miscellaneous Items - 2,736.23 8. Bidding of Project in Phases - 6,810.34 TOTAL , $24,889:23 The extra cost involved has been reviewed with the Civil Counsel's Office and their recommendation is that these claims are justified under the Contract and can be paid. HARLEY ELLINGTON FIERCE YEE ASSOCIATES Architects Engineers Planners 26111 Evergreen Road Southfield, Michigan January 24, 197b Oakland County Board of Auditors Department of Facilities and Operations Oakland County Service Center One Public Works Drive Pontiac, Michigan 48054 Attention: Mr. T. D. Dziurman, P.E. Deputy Director, Engineering RE: Social Services Building - Pontiac, Michigan - Oakland County Project 70-12 Our Job No. 2240 Gentlemen: We have reviewed your letter of January 20, 1975, in which payment by Oakland County for certain extra services in connection with the subject project are proposed. The payment of $18,167.42 for additional services performed by our firm, as proposed in the letter, is acceptable to us. We understand that payment will be made within 60 days. Your cooperation in resolving this matter is appreciated. Sincerely, Paul B. Brown, FAIA /s/ PBB/rl cc: Mr. M. W. Handorf, Director FINANCE COMMITTEE REPORT By Mr. Wilcox IN RE: MISCELLANEOUS RESOLUTION 7/7009 - ADDITIONAL PAYMENTS TO ARCHITECT FOR SOCIAL SERVICES BUILDING RENOVATIONS, PROJECT 70-12 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI, C of this Board, the Finance Committee finds the sum of $25,383.00 available in the 1975 Oakland County Contingency Fund Budget. FINANCE COMMITTEE Richard R. Wilcox, Chairman Moved by Nowak supported by Patterson that resolution #7009 be adopted. Discussion followed. Mr. Nowak requested Mr. Ted Dziurman, Deputy Director of Facilities and Operations be allowed to address the Board. There were no objections. Mr. Dziurman addressed the Board. Disc.:fission followed'. Mr. Nowak requested that Glen Dick, Director of Central Services Department, be allowed to address the Board. There were no objections. Mr. Dick addressed the Board. Discussion followed. The Chairman asked James M. Brennan, Director of Management and Budget Department to address the Board. There were no objections. Mr. Brennan addressed the Board. Moved by Dunleavy supported by Roth the resolution be amended to "appropriate the funds from the Capital Funds instead of the Contingency Funds". Discussion followed. Vote on amendment: A sufficient majority having voted therefor, the motion carried. Vote on resolution, as amended: AYES: Daly, Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Button, Coy, (25) NAYS: Aaron. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. 150 Cometi5sioners Minutes Continued. March 20, 1975 REPORT By Mr. Nowak IN RE: MISCELLANEOUS RESOLUTION #7010 - AUTHORIZATION TO RECEIVE BIDS ON PRIMARY ELECTRICAL_ PHASE VI To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Planning. and Building Committee, by Patrick M. Nowak, Chairman, reports Miscellaneous Resolution No. 7010 with the recommendation that the resolution be adopted. PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman "Misc. 7010 By Mr, Nowak IN RE. AUTHORIZAjlION TO RECEIVE BIDS ON PRIMARY ELECTRICAL, PHASE VI To the Oaklahd Board of Commissioners Mr. Chairman, l• • i •c and Gentlemen: - WHEi! dril,ary Electrical Service, Phase VI, will change the primary electrical service to the North Of , Tdilding and Substance Abuse Service Building from the overhead 4,C00 volt system to the underground 13,200 volt system; and WHEREAS the estimated construction cost for this work is $55,000.00 with total project cost estimated at S65,000.00; and WHEREAS it is necessary to receive bids for said project; NOW THEREFORE BE IT RESOLVED that the Facilities and Operations Department be and is hereby authorized to receive construction bids on Primary Electrical Service, Phase VI. The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman" OAKLAND COUNTY DEPARTMENT or FACILITIES AND OPERATIONS - ENGINEERING DIVISION PRIMARY ELICTRICAL SERVICE PHASE. VI PROJECT 66-13 (VI) February 14, 1975 Under this project the primary electrical service to the North Office Bhildinq and Substance Abuse Service Building would be changed from the overhead 4,800 volt system to the underground 13,200 volt system. Also, a portion of the remaining overhead electrical system would be removed. At the completion of this project the only building that will still Le on the old 4,800 volt system will be the existing hospital which cannot be converted until future use of the building is decided. The estimated construction cost for this work is $55,000 with total project cost estimated at about $65,000. Funds for this project are available from an existing Work Order and no additional funds will be needed. Moved by Nowak supported by Patterson that resolution #7010 be adopted. AYES: Dearborn, Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Nowak, Olson, Page, Patterson, Per inoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. /033 By Mr. Nowak IN RE: AUTHORIZATION FO RECEIVE BIDS FOR COUNTY SERVICE CENTER WATER SYSTEM IMPROVEMENTS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS improvements are needed to the County Service Center Water System that will include construction of additional water lines to make loops to allow for adequate water pressure at all times on the Service Center; and water main installation on the east side of Telegraph Rood needed to pro- vide adequate fire protection for the new Medical Care Facility; and WHEREAS the estimated cost of such construction improvements to the County Service Center Water System has been estimated at $48,700, with an additional $3,300 needed for construction inspec- tion and advertising cost, bringing the total project cost to $52,000; and WHEREAS your Committee recommends that such improvements be made to the County Service Center Water System and that authorization be given to the Facilities and Operations Department to advertise for construction bids; NOW THEREFORE BE IT RESOLVED that the Facilities and Operations Department be and is hereby authorized to advertise for and receive bids for necessary improvement construction to the County Service Center Water System. The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman CAPITAL IMPROVEMENT PROGRAM PF JECT REQUEST PART Oakland CiA.,Ay ird of Auditors Department of Facilitiin ..Jperati NicL 74-10 Date ttober, 1974 Tit Wat.6r System Impr LC:Cation Service Center System Improvements Date 1st, Listed 1 Cal 197] Description and Function ory Utility Airport 0 Buildin Priority Current Status (Show % or Date) PLANNING 75% BUILDING PROGRAM SCHEMATIC DESIGN FINAL DESIGN Disposition of Existing Facility and Land READY FOR CONSTRUCTION None Construction of additional water lines to make loops to allow for Gdoquate water pressure at all times on the Service Center. This would include approximately 900 lineal feet of 12 inch main parallel to Hospital Drive and 350 lineal feet of 6 inch main near the Administrative Annex I. The water main installation on the east side of Telegraph Road needed to provide adequate fire protection to the new Medical Care Facility. Work under this project will also include elimination of all cross connections between the City of Pontiac and Waterford Township water systems as now required by State L*w. CAPITAL IkriPROVEMENT PROGRAM P.ROjECT REQUEST PART H , Aland 1.nty Board of Auditors $31,500.00 10,500.00 4,000.00 6,000.00 3,000.00 1,000.00 5,000.00 $0,000.00 Design Consultant D.F.O. Engineering Possible Outside Construction Funds I tiro, in 19 __15_Dollars Construction Water Main: 900 1.ft. of 12 inch @ $35. 350 1.ft. of 6 inch @ $30,. Disconnection of all crass connections Valves, hydrants, etc. TOTAL CONSTRUCTION Construction Supervision Landscaping Contingency TOTAL PROJECT COST Commissioners Minutes Continued. March 20, 1975 151 OAKLAND COUNTY DEPARTMEN1 OF FACILITIES AND OPERATIONS - ENGINEERING DIVISION WATER SYSTEM 1MPROVEMENT5 - FINAL COST ESTIMATE PRO ELF 74-10 February 21, 1975 In the 1975 Capital Budget - Utility Section, the referenced project was listed for 1975 funding (see it This project involves the installation of approximately 860 lineal feet of 10-inch water main on the east side of Telegraph Road along Hospital Drive to create a loop system at that location to improve fire protection. Also, the work involves installation of additional valves on the west side of Telegraph Road to allow for better control of the water system in that area. Finally, the project includes removal of all connections between the Waterford Township supplied water and the City of Pontiac supplied water as required by City of Pontiac Ordinance No 1672. The final construction cost estimate based on actual design quantities is listed below: . 10-inch Water Main 860 lineal feet Is $30. $25,800 6-inch Gate Valve and Well 1 P $1,600. 1,600 10-inch Gate Valve and Well 5 (0) $2,400. 12,000 Removal and Disconnection Lump SUM 2,900 Site Restoration $44,300 Contingency 4,400 TOTAL ESTIMATED CONSTRUCTION COST $48,700 -:- •:Jhe 1975 Capital Program listed $52,000 for the construction cost on this project. An additional $3,300 will he needed for construction inspection and advertising cost making the total estimated project cost $52,000. The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next regular meeting. Misc. 7034 By Mr. Dunleavy IN RE: ELIMINATION OF DRIVERS LICENSE BUREAU - SHERIFF'S DEPARTMENT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Sheriff's Department has reported that the Or License Bureau has been operating at a loss and the space occupied is badly needed for other purposes; and WHEREAS the Secretary of State's office has taken over this function in most areas and has opened an office on Pontiac Lake Road a short distance from the Law Enforcement Complex; and WHEREAS your Committee recommends that the Drivers License Bureau in the Sheriff's Depart- ment be eliminated as this service may be secured in the immediate area; NOW THEREFORE BE IT RESOLVED that the Drivers License Bureau in the Sheriff's Department be and is hereby eliminated. The Public Services Committee, by James W. Dunleavy, Chairman, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James W. Dunleavy, Chairman Moved by Dunleavy supported by Daly the resolution be adopted. Moved by Dunleavy supported by Daly the resolution be amended by changing the fourth paragraph to read: NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby authorize the Sheriff to commence the necessary procedures for the elimination of the Drivers License Bureau and that the positions be eliminated at such time the Bureau is discontinued. Vote on amendment: A sufficient majority having voted therefor, the motion carried. The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next regular Board meeting. • Misc. 7035 By Mr. Dunleavy IN RE: ACCEPTANCE OF CRIMINAL JUSTICE PLANNING GRANT To the Oakland County Board of Comissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution 1/6523, application was made for a Law Enforcement Planning Grant; and WHEREAS the Law Enforcement Planning program is an on-going program and federal grant funds in the total amount of $77,778.00, of which $3,889.00 is the County's cash contribution, have been awarded to the County of Oakland; and WHEREAS your Committee recommends acceptance of the Law Enforcement Planning Grant; NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby accepts the Law Enforcement Planning Grant in the total amount of $77,778, of which $3,889 is the County's cash contribution. $18,000.00 22,500,00 5,000.00 1,100.00 2,500.00 $49,100.00 White Lake Township City of Oak Park City of Farmington Rose Township Village of Ortonville 152 • f_ui or r minutes Cent inued, March 20, 1975 'Le Publif, ServiJ ,J fommittee, by James W. Dunleavy, Chairman, moves the adoption of the foreEinn resolution. PUBLIC SERVICES COMMITTEE Tames W. Dunleavy, Chairman The Chairman referred the resolution to the Finance Committee. There were no objections. Misc. 7036 By Mr. Dunleavy IN RE: AUTHORIZATION TO FILE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution fl6962 the County of Oakland agreed to incur • necessary costs, which are reimbursable, for the preparation and planning of an application for Community Development Block Grant Funds; and WHEREAS your Committee recommends that an application for Planning Grant Funds in the amount of $875,000, under the Federal Housing and Community Development Act of 1974, be filed by the County of Oakland. NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby authorizes the filing of an application for Planning Grant Funds under the Federal Housing and Community Development Act of 1974. The Public Services Committee, by James W. Dunleavy, Chairman, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James W. Dunleavy, Chairman INTRODUCTION The Housing and Community Development Act was signed into law by President Ford on August 22, 1974. The law was designed to consolidate many of the categorical grant programs into one block-type grant program. It provides for the responsibility and authority to be placed with the local elected officials as to the community needs and priorities. The programs to lq developed and hsplemented are extensive and shall be in conformance with the following program purp The primary ohica Live of this program is the development of viable urban rommunite, to be achieved by providing decent housing and a suitable living environmenl. and by expanding economij, opportunities, principally for persons of low and moderate income. Consistent with thi'; primary objective, the federal assistance provided by this program is for the support of activities directed toward the following specific objectives: --- the elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally to persons of low arid moderate income; --- the elimination of conditions detrimental to health, safety, and public welfare, through code . enforcement, demolition, interim rehabilitation assistance, and related activities; --- the conserva- tion and expansion of the nation's housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income; the expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development and for the develop- ment of viable urban communities; --- a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed actiVity centers; --- the reduclion of the isolation of income groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods through the spatial deconcentrntion of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher it and --- the restoration and preservation of properties of special value for historic, architectural, or estbel ic reasons. It is the intent of Congress that the federal assistance made available through this program not be utilized to reduce substantially the amount of local financial support for community develop- ment activities below the level of such support prior to availability of such assistance. OAKLAND COUNTY COMMUNITY DEVELOPMENT PROGRAM APPLICATION PROJECTS FIRE STATION CONSTRUCTION OR RENOVATION: $ 5,250.00 Groveland Township 6250.00 White Lake Township $12,100.00 PARKING LOTS: Commissioners Minutes Continued. March 20, 1975 153 DRA[NAGE: $ 2,500,00 4,000.00 2,000.00 47,700.00 4,000.00 79,900.00 $,500.00 $145,600.00 ROAD IMPROVEMENT: $ 9,750.00 5,250.00 31,000.00 $46,000.00 SIDEWALK IMPROVEMENT: $ 5,100.00 8,950,00 7,500.00 1,000.00 $22,550.00 PUBLIC WORKS, ENGINEERING: $80,850.00 5,000.00 8,000.00 5 000.00 $98,850.00 PARK DTVELOPMENT: $ 5,100.00 24,600.00 6,150.00 3,500.00 3,000.00 8,700.00 9,650.00 5,000.00 2,600.00 8,800.00 $77,100.00 BEAUTIFICATION: $15,500.00 24,900.00 4,200.00 io,000.00 $54,600.00 White Lake Township Orion Township Springfield Township Avon Township Lathrup Village City of Farmington Hills City of South Lyon Orion Township Commerce Township Independence Township Pontiac Township Holly Village City of Birmingham Village of Ortonville City of Troy (Roads) City of Northville (Roads) Oakland Township (Mapping of Flood Plain) West Bloomfield Township (Mapping of Flood Plain) Springfield Township Commerce Township Highland Township Rose Township LathrOp Village City of Farmington Village of Milford Village of Clarkston Village of Oxford Village of Wolverine Lake City of Oak Park City of Berkley Lyon Township City of Berkley BIKE WAYS: $20,400.00 West Bloomfield Township PROPERTY ACQUISITION (LAND ONLY): $ 4,200.00 Lyon Township 7,700.00 Oxford Township 20,850.00 Pontiac Township 5,000.00 Addison Township 6,000.00 Highland Township 1,850.00 Oakland Township $45,600.00 CODE ENFORCEMENT: $ 500.00 Lyon Township 20,000.00 City of Farmington Hills $20,500.00 COMMUNITY BUILDING: $ 6,250.00 Holly Township 40,900.00 City of Birmingham 5,700.00 City of Pleasant Ridge 5,000.00 City of Sylvan Lake $57,850.00 REHAB LOANS AND GRANTS: $13,350.00 Orion Township 4,500.00 Oxford Township 5,000.00 Highland Township 2,600.00 Village of Oxford 2,600.00 City of Lathrup Village 20,000.00 City of Oak Park 10,000.00 City of Berkley 21,500.00 West Bloomfield Township $79,550.00 154 - Comm i loner . Minutes Coro nued Mar( h 20, 1975 61 CIA1 PROJI Cl' FOR FIDIRIY - HANDICAPPED: S 1,700.00 City of Pleasant Ridge 10,000.00 City of Oak Park 300.00 Lyon Township $12,000.00 PUBLIC SERVICES: $ 2,600,00 Avon Township PLANNING MANAGEMENT: $ 500.00 White Lake Township 500.00 Orion Township 500,00 Springfield Township 250,00 Rose Township 8,790.00 West Bloomfield Township 7,500,00 City of Farmington 1 500.00 Village of Ortonville $19,540.00 ADMINISTRATION: $ 2,910.00 West Bloomfield Township 1,500.00 White Lake Township 1,500.00 Orion Township 500.00 Springfield Township 250,00 Rose Township 47,500.00 Oakland County $54,160,00 CONTINGENCIES: $ 7,400.00 City of Oak Park 2,500.00 Independence Township 5,300,00 City of Birmingham 800.00 City of Pleasant Ridge 900.00 Springfield Township 40,000.00 Oakland County - First year of soil survey $56.900.00 GRAND TOTAL $875,000.00 Moved by Dunleavy supported bySimmons the resolution be adopted. Moved by Dunleavy supported by Roth the rules be suspended for immediate consideration of the resolution. AYES: Douglas, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Dearborn. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Discussion followed. Mr. Dunleavy requested that Joe Spinelli, Deputy County Executive, be allowed to address the Board. There were no objections. Mr. Spinelli addressed the Board. Discussion followed. Moved by Dearborn supported by Perinoff the resolution be amended by "referring the County's share of the Grant to the Finance Committee for review". Moved by Perinoff supported by Dearborn the amendment be amended to "also refer the resolution to the Planning and Building Committee". Vote on amendment, as amended: A sufficient majority having voted therefor, the motion carried. Vote on amendment: A sufficient majority having voted therefor, the motion carried. Discussion followed. Vote on resolution, as amended: AYES: Dunleavy, Fortino; Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Nowak, Olson, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Dearborn. (23) NAYS: Page. (1) Commissioners Minutes Continued. March 20, 1975 A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT By Mr. Dun leavy IN RE: MISCELLANEOUS RESOLUTION fl7003 - OAKLAND COUNTY CULTURAL COUNCIL To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Your Public Services Committee reports Miscellaneous Resolution fl7003 with the recommendation that said resolution be adopted, The Public Services Committee, by James W. Dunleavy, Chairman, moves the acceptance Of the foregoing report. PUBLIC SERVICES COMMITTEE James W. Dunleavy, Chairman "misc. 7003 By Mr. Pernick IN RE: OAKLAND COUNTY CULTURAL COUNCIL To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the people of Oakland County have demonstrated a strong interest in cultural events by a wide variety of ongoing activities in the form of art exhibits, lectures, concerts and education in the fine and performing arts; and WHEREAS many of the present cultural organizations performing these activities _believe an Oakland County Cultural Council will provide coordination and increased interest and participation in these activities, these organizations including Oakland University, Southfield Arts Council, Farmington Arts Council, Pontiac Creative Arts Center, Cranbrook Institute, Art Council Triangle and Huron Valley Schools, and WHEREAS the Lilienthal Study of Oakland County entitled "Preparing for Change-Oakland County 1970-1990" recommends the establishment of such a council to improve the life style of Oakland County citizens. NOW 101 BEFORE HI T 111501 VII) that an OAKLAND COUNTY CULLURAL COUNCIL. is hereby created to study, promote and improve cuttlire in Oakland County. BE IT FORMER RISOLVIM that Hie Chairman of the Board of Commissioners, with the concurrence of the full Board, is authorized to appoint membership to the Council. The Council shall be composed of 20 members. In the first instance, 10 members shall be appointed for a term ending December 31, 1975 and 10 members shall he appOinted for a term ending December 31, 1976. Thereafter, each member shall be appointed for a term of two years. BF IT FURTHER RESOLVED that the Council shall have the responsibility to prepare a state- ment of goats and objectives for the cultural development of Oakland County and, futher, that the need for staff and operating budget shall be submitted to the Board of Commissioners within 6 months of the Council's appointment. Mr. Chairman, I move the adoption of the foregoing resolution. Lawrence R. Pernick, Commissioner -District #20" (See pages 88 and 89 for Oakland County Michigan -Bi-Centennial Celebration Proposal) The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next regular Board meeting. Misc. 7037 By Mr. Dun leavy IN RI: PURI IC 1RANSPORTATION srRvIcEs to the Oakland Comity Board of Colmnissioners Mr, Chairman, Ladies and Gentlemen: WHEREAS M-59 from the City of Pontiac west to the Livingston County Tine carries upward of 20,000 vehicles per day; and WHEREAS much of the population in the area lies adjacent to the M-59 corridor area; and WHEREAS there is presently no public transportation available on M-59. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Southeastern Michigan Transportation Authority to establish Public Transportation Services along M-59 from the City of Pontiac to the Livingston County line. Mr. Chairman, 1 move the adoption of the foregoing resolution. James W. Dunleavy, Commissioner - District #2 Patrick K. Daly, Commissioner - District #4 Patrick M. Nowak, Commissioner - District 1125 Betty J. Fortino, Commissioner - District #5 The Chairman referred the resolution to the Planning and Building Committee. There were no objections. 155 15( O' ml Minutes Continued, March 20, 1975 Ii /03P; By Mrs. Moffitt IN RE: MUMBLE DrIRIBUTION WITHIN DEIROIT URBANIZED AREA OF MASS TRANSIT FUNDING OBTAINABil UNDER NATIONAL MASS TRANSPORTATION ASSISTANCE ACT OF 1974 To the Oakland County Board of Coovissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Southeastern Michigan Transportation Authority is eligible to receive .1jP,.656 million between 1975-1980 from the federal Urban Mass Transportation Authority (HMTA) under • ; ion 5 of the "National Mass Transportation Assistance Act of 1974"; and WHEREAS the national allocation of funding to Detroit Urbanized Area is determined n the basis of urbanized area population and the density of population; and WHEREAS the Detroit Urbanized Area includes the City of Detroit and portions of Wayne, Macomb and Oakland Counties; and WHEREAS this funding should enable Southeastern Michigan Transportation Authority (SEMTA) to improve and expand bus transit service in Oakland County and the region: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners shall require an equitable distribution to Oakland County of the funding available under the "National Mass Trans- portation Assistance Act of 1974." BE IT FURTHER RESOLVED that Southeastern Michigan Transportation Authority (SEMTA) advise the Oakland County Board of Commissioners within 30 days on what is considered by SEMTA to he an equitable distribution of these funds. Mr. Chairman, I move the adoption of the foregoing resolution. Lillian V. Moffitt, Commissioner -District 7/15 The Chairman referred the resolution to the Planning and Building Committee. There were no objections. Misc. 7039 By Mr. Daly IN RE: CLINTON RIVER FLOODING PROBLEM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Hoard of Coonoissioners by several Miscellaneous Resolutions directed the Oakland County Drain Comlissioner to establish the noroo 1 he and levels of many Clinton River lakes upstream ol the Dawson Mill Pond; and WHEREAS (he Cira nit Court of I 1re County of Oakland did Issue its various orders establishing the lewil normal heights and level s of ',aid lakes; and WHFREAS extere,ive tloodinq occurred in the spring of 1974 upon many Clinton River lakes upstream of the Dawson Mill Pond Dam, which is controlled by the Department of Public Works of the City of Pontiac. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, recognizing that the danger of severe flooding upon said lakes is again imminent, urge the City of Pontiac to open the control gates of the Dawson Mill Pond to maximize the flow of water within the boundaries of the existing riverbed, to avoid the needless repeat of last year's catastrophe. Chairman, I move the adoption of the foregoing resolution. Joseph R. Montante, Commissioner -District #26 Patrick K. Daly, Commissioner - District /14 Betty J. Fortino, Commissioner District 1/5 Moved by Daly supported by Fortino the resolution be adopted. Moved by Daly supported by Fortino the rules be Suspended for immediate consideration of the resointion. Al S: Fortino, Houghten, Kasper, Lennon, McDonald, Moffitt, Olson, Page, Patterson, Perinal, Porn ii Price,. Roth, Simmons, Wilcox, WilSon, Aaron, Button, Coy, Daly, Dunleavy. (21) NAYS: Hoot, Dearborn. (2) A sufficient majority having voted therefor, the motion carried. Discussion followed. Vote on resolution: A sufficient majority not having voted therefor, the motion lost. Moved by Daly supported by Fortino the resolution be referred to the Planning and Building Committee. A sufficient majority having voted therefor, the resolution was referred to the Planning and Building Committee. Commissioners Minutes Continued. March 20, 1975 157 Misc. 7040 By Mr. Price IN RE: PROCEDURE FOR SFITCT ION OF COUNTY EXECUTIVE DEPARTMENTS HEADS To the Oakland County board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Act 139 of the Public Acts of 1973, as amended, provides that the County Executive appoint and remove department heads with the concurrence of a majority of the County Board of Commis- sioners; and WHEREAS the Oakland County Board of Commissioners has no procedure established to determine whether to concur in the appointments or removal of the County Executive Department Heads; and WHEREAS a procedure for concurrence by the Oakland County Board of Commissioners should be established. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes a procedure for concurrence in the appointment and removal of department heads by the County Executive in accordance with the provisions of Act 139 of the Public Acts of 1973, as amended. Mr. Chairman, 1 move the adoption of the foregoing resolution. Hubert Price, Jr Commissioner - District 7/8 The Chairman referred the resolution to the Personnel Committee. There were no objections. Fho Board adjourned at 12:00 P, M., tint il April 3, 1975 at 9:30 A. M. iinn 0, /Mom 1 ",'.1 D. 11°.6.!." hlotk Chairman