Loading...
HomeMy WebLinkAboutMinutes - 1992.11.05 - 8138 318 November 5, 1992 Meeting called to order at 9:43 A.M. by Chairperson Larry Crake in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf. (26) ABSENT: Law. (1) Quorum present. Invocation given by Commissioner John Olsen. Pledge of Allegiance to the Flag. Moved by Pappageorge supported by Pernick the minutes of the October 22, 1992 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Pappageorge supported by Pernick the rules be suspended and the agenda be approved for the following: FINANCE COMMITTEE a. Department of Management and Budget/Equalization Division - 1992 Local Tax Rate. (Waive Rule XXVII, 5-day notification. Finance Meeting held immediately prior to the November 5, 1992 Board Meeting.) PLANNING AND BUILDING COMMITTEE: c. 52/2 District Court - Expansion of Leasehold - M.R. #92241 (Same Rule as Above Applies to this item) AYES: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Schmid, Skarritt, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried, and the agenda, as amended, was approved. Judy Cunningham, Circuit Court Administrator, addressed the Board. 319 MISCELLANEOUS RESOLUTION #92254 By Finance Committee IN RE; MANAGEMENT AND BUDGET DEPT. - APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the County Tax Roll, and has checked these documents with the pertinent law (Section 37 General Property Tax Laws), and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by Sections 211.24E M.C.L., 211.34 M.C.L. and 211.34D M.C.L. of the General Property Tax Laws, authorized to be spread against state equalized valuations, which certificates are submitted herewith and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Clerk to sign these certificates; and WHEREAS the certified rates are subject to Section 211.36 M.C.L. which will allow additional millage to be voted up to and including December 7, l992 for schools as specified in said section; said additional millage(s) would require Board approval before they could be spread. NOW THEREFORE BE IT RESOLVED that this Board adopt the attached certificates from the Finance Committee with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Clerk be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the state equalized valuation set forth herein for l992. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Caddell supported by Olsen the resolution be adopted. AYES: Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Schmid, Skarritt, Wolf, Aaron. (24) NAYS : None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #92255 BY: PERSONNEL COMMITTEE - Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1992 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provide for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Third Quarterly Report for 1992 was submitted to the Personal Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS the Third Quarterly Report for 1992 also includes the Job Evaluation Review Panel recommendation on the salary grade placement of an Accountant IV referred to the panel by the Personnel Committee; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration 320 quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED the change in salary grade placement be implemented as shown: Salary Grade Classification From: To: Location-Position Chief Deputy County Clerk 13 14 21201-00785 Chief Deputy Reg. of Deeds 13 14 21401-01083 Office Supervisor II 10 11 21210-02877 (Reclassify 1 position to new class of Supervisor- County Clerk Legal Records) Office Supervisor I 8 9 21301-02373 (Reclassify 1 position to new class of Elections Specialist) Assistant Mgr-FM&O 17 18 14701-03409 Supervisor-Probate Estate Ser 10 11 34401-01804 Account Clerk II 7 8 13810-00299 (Reclassify one position to Garage Account Clerk) Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. 92245) BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL & RISK MGMT - DRIVING STANDARDS AND DRIVING RECORDS REVIEW PROCEDURES FOR CURRENT AND PROSPECTIVE EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having again reviewed the above referenced resolution on October 28, 1992, reports with the recommendation that the resolution be adopted; and further recommends addition of the following: BE IT FURTHER RESOLVED that the Personnel Department report to the Personnel Committee bi-annually the number of individuals impacted by this resolution, both in the pre-employment modality and current employees. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #92245 BY: PERSONNEL COMMITTEE, Marilynn Gosling, Chairperson IN RE: Personnel and Risk Management - Driving Standards and Driving Records Review Procedures for Current and Prospective Employees To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS to secure proper auto fleet liability insurance coverage, and to maintain same, the County's insurance carrier has mandated that the County adopt driving standards for its employees including the review of motor vehicle 321 records and auto accident causation; and WHEREAS the screening of County employee drivers is necessary to ensure the County can retain sufficient and affordable insurance coverage and reduce liability exposure to the County; and WHEREAS the County is concerned with the safety of its employees and protection of the public; and WHEREAS hiring employees with acceptable driving records and training employees who develop unacceptable driving records will reduce vehicle accidents, injuries, repair costs and insurance premiums; and WHEREAS such driving standards and review procedures will provide for the review of all employee driving accidents while on County business and for remedial and disciplinary measures when unsatisfactory driving performance is determined. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the attached driving standards for County employees and procedures for review of current and prospective employees' driving records effective January 1, 1993. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Moved by Gosling supported by Obrecht the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Gosling supported by Obrecht the resolution be amended to agree with the Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Gosling supported by Obrecht the resolution be referred back to the Personnel Committee for further consideration. A sufficient majority having voted therefor, the resolution, as amended, was referred back to the Personnel Committee. MISCELLANEOUS RESOLUTION #92238 By: Planning and Building Committee IN RE: DRAIN COMMISSIONER - 1992 LAKE LEVEL ASSESSMENT REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Planning and Building Committee has reviewed the Lake Level Assessment Rolls, as prepared by the Drain Commissioner for the year 1992; and WHEREAS, such Lake Level Assessment Rolls have been prepared and submitted in accordance with the provisions of Act No. 146 of the Public Acts of 1961, as amended; and WHEREAS, the Planning and Building Committee concurs in the figures as established by the Drain Commissioner for the various lake level districts in the County, a copy of which is attached hereto; and WHEREAS, a summary of such Lake Level Assessment Rolls is as follows: Assessments At Large Against Municipalities - $ 19,580.31 Assessments Against Real Property - $286,598.80 NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of the County of Oakland, State of Michigan, that there be assessed, levied and collected for the year 1992 for the purpose of establishing and maintaining the normal height and level of various lakes in Oakland County within and by the several political subdivisions, the aggregate amount of $306,179.11, which sum represents the total amount of the assessments for said year which are 322 contained in the several Lake Level Assessment Rolls heretofore determined by the said Oakland County Drain Commissioner. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1992 Lake Level Assessment Report on file in County Clerk's Office. Moved by Olsen supported by Oaks the resolution be adopted. AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #92239 By: Planning and Building Committee IN RE: DRAIN COMMISSIONER - 1992 DRAIN MAINTENANCE ASSESSMENT REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Planning and Building Committee has reviewed the Drain Assessment Rolls, as prepared by the Drain Commissioner for the year 1992; and WHEREAS, such Drain Assessment Rolls have been prepared and submitted in accordance with the provisions of Act No. 40 of the Public Acts of 1956, as amended; and WHEREAS, the Planning and Building Committee concurs in the figures as established by the Drain Commissioner for maintenance assessments various drainage districts in the County, a copy of which is attached hereto; and WHEREAS, a summary of such Drain Assessment Rolls is as follows: Assessments At Large Against Municipalities - $13,237.54 Assessments Against Real Property - $58,190.63 NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of the County of Oakland, State of Michigan, that there be assessed, levied and collected for the year 1992 for the purpose of maintaining, cleaning out, and deepening County Drains in Oakland County within and by the several political subdivisions, the aggregate amount of $71,428.17, which sum represents the total amount of the assessments for said year which are contained in the several Drain Assessment Rolls heretofore determined by the said Oakland County Drain Commissioner. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1992 Drain Maintenance Assessment Report on file in County Clerk's Office. Moved by Olsen supported by Jensen the resolution be adopted. AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 323 REPORT (Misc. 92241) By: Planning and Building Committee IN RE: DISTRICT COURT - EXPANSION OF LEASEHOLD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution reports with the recommendation that the resolution be adopted with the following amendment to the BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to sign said Lease following approval of the Planning and Building Committee on behalf of the County. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Report (Misc. 9224l) By: Public Services Committee IN RE: 52/2 DISTRICT COURT - EXPANSION OF LEASEHOLD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #9224l, 52/2 District Court - Expansion of Leasehold, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Misc. 92241 By: Commissioner Frank H. Millard IN RE: 52/2 DISTRICT COURT - EXPANSION OF LEASEHOLD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the control unit for the 52nd Judicial District Court; and WHEREAS there exists an immediate need to expand the current facility to provide additional work space to accommodate the increased caseload of this court; and WHEREAS currently the 52/2 District Court is using the services of a visiting judge six days per month anticipated to be expanded to three days per week in the l993 budget and there exists an immediate need for space to seat the visiting judge; and WHEREAS the short term needs of this court require an expansion of one thousand eight hundred (l800) net square feet to the present facility, which additional space is currently available for expansion in the existing structure; and WHEREAS in an effort to accommodate the 52/2 District Court and the County of Oakland the landlord (Rademacher Group) has expressed a willingness to renegotiate a ten (10) year lease with the County of this facility extending the current favorable rental rate of $12.89 per net square foot for a period of five (5) years on the entire facility as expanded, the balance of the term to be renegotiated by agreement of the parties; and WHEREAS that renegotiation of the current lease would be in the best interest of the County of Oakland and the 52/2 District Court as the Landlord has indicated that as an incentive for the early renegotiation of this lease, Landlord will bear the cost of remodeling the expansion of the court and facility at no cost to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners renegotiate a ten (10) year lease for the 52/2 Judicial District Court with the Rademacher Group (Landlord) which shall include the present leasehold facility including an additional l800 net square feet to be remodeled at no cost to the County, at the guaranteed rate of $12.89 per net square foot for the first five (5) years at the sum of $110,081.00 per year with the 324 balance of the term to be renegotiated by agreement of the parties and directs the Department of Corporation Counsel to prepare the necessary documents for said Lease. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to sign said Lease on behalf of the County. Chairperson, I move the adoption of the foregoing resolution. Frank H. Millard, Commissioner Dist. #3 Lawrence A. Obrecht, Donna R. Huntoon, Larry P. Crake FISCAL NOTE (REVISED) (Misc. #92241) By: Finance Committee IN RE: 52/2 DISTRICT COURT - EXPANSION OF LEASEHOLD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #92241 and finds: l) The 52/2 District Court is anticipating the expansion of a visiting judge from six days a month to three days a week in the 1993 budget, due to an increase in caseload and a delay in adding another judge. 2) There is an immediate need to expand the current facility of the 52/2 District Court to accommodate additional work space needed for a visiting judge. 3) The needs of this court require an expansion of 1800 square feet to the present facility, which has additional space currently available for use. 4) The landlord, Rademacher Group, has expressed a willingness to negotiate a ten (10) year lease with the county of the facility extending the current favorable rental rate of $13.42 per net square foot, at the sum of $114,617 per year, for a period of five (5) years on the entire facility as expanded, with the balance of the term to be negotiated by agreement of the parties. 5) As an incentive to renegotiate the current lease, the landlord has agreed to bear the cost of remodeling the expansion of the court and facility at no cost to the county. 6) Upon approval of this Fiscal Note, a budget amendment is recommended to be made to the 1993 Executive Recommended Budget (currently under review by the Board of Commissioners) to reduce Rent (4-10100-323-01-00-3658) from $131,033 to $114,617 for the 52/2 District Court (a $16,416 reduction). FINANCE COMMITTEE Moved by Olsen supported by Bishop the Planning and Building and Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Olsen supported by Millard the resolution be adopted. Moved by Olsen supported by Millard the resolution be amended in the BE IT FURTHER RESOLVED paragraph following the words "to sign said Lease" by adding "following approval of the Planning and Building Committee" (as recommended in the Planning and Building Committee Report). A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake. (24) 325 NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Miscellaneous Resolution #92256 By: Public Services Committee IN RE: SHERIFF'S DEPARTMENT - DISPOSITION OF WEAPONS HELD BY SHERIFF To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff of Oakland County has requested authority from this Board to dispose of recovered weapons (Rifles/Shotguns) unclaimed for six months or more after recovery, such authority being necessary pursuant to the provisions of Act 54 of the Public Acts of l959, as amended, said recovered property to be disposed of by manner of public auction to be held, Saturday, November 7, 1992 and said weapons to be auctioned to licensed gun dealers only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Sheriff of Oakland County to dispose of such unclaimed recovered weapons in the manner prescribed in Act 54 of the Public Acts of l959, as amended. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Moved by McCulloch supported by Skarritt the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #92257 BY: PUBLIC SERVICES COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE - 1992/1993 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS providing a quality education for youngsters in care at the Children's Village is an essential service to the children residing therein; and WHEREAS the Waterford School District provides for the staffing of the Children's Village School Program; and WHEREAS representatives of the Oakland County Board of Commissioners, the County Executive, the Probate Court, and the Waterford School District have agreed to staffing requirements, contract language, and preliminary estimates of revenues and expenses; and WHEREAS this agreement includes one (1) additional teacher position due to increased enrollment; and WHEREAS the funding for this contract is subject to the County Board of Commissioners' budget process; and WHEREAS this agreement is included in the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the Waterford School District and that the Chairperson of the Board is authorized to sign said agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 326 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #92258 BY: Public Services Committee, John McCulloch, Chairperson IN RE: Courts - STATE FINANCING of COURTS CLASS ACTION LAWSUIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the firm of Clary, Nantz, Wood, Hoffius, Rankin & Cooper has filed a class action lawsuit on behalf of all units of local government currently required to fund Circuit, Probate and District Courts; and WHEREAS this lawsuit was filed to force the State of Michigan to: (I) Reimburse 80% of court expenses for 1986 and 1987, and 100% thereafter, as required by P.A. 438 of 1980; (II) Require the State of Michigan to finance all court expenses as required by the constitutional reference to the one State Court of Justice; (III) Force the State to adopt or promulgate an enforceable system for the annual auditing and accounting of judicial expenditures, at State expense; and WHEREAS the Court of Claims certified the class action and, each identified unit of government in the class had the opportunity to request exclusion there from; and WHEREAS Oakland County, on MR 89182, dated July 20, 1989, exercised their "Request for Exclusion"; and WHEREAS Judge Giddings of the Court of Claims has ruled in favor of the plaintiff class in regard to Count I, which involves reimbursement for court expenses, and has ruled for the defendants on Counts II and III; and WHEREAS both parties intend to appeal this decision to a higher court; and WHEREAS the Class Steering Committee, through their present attorneys, Law, Weathers and Richardson, have filed a claim on behalf of the non- participating communities to protect their interests, effective with 1991 expenditures; and WHEREAS the committee is offering these non-participating units of government an opportunity to join in this second effort to present, pursue and preserve their damage entitlements; and WHEREAS the successful outcome of this lawsuit could result in financial relief favorable to Oakland County despite the threat of revision to the formula for distribution of funds under Article IX Section 30 of the constitution; and WHEREAS the courts, in answer to previous litigation, have exempted court employees from local government control and have removed all courts from any obligation to comply with the uniform budget and accounting laws and the courts have generally ruled in their own favor in other "superintending control" challenges thus nullifying any semblance of local control; and WHEREAS a mandate for state funding of all courts would permanently resolve the District Court financing inequities in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners wishes that Oakland County remain a participant in the second legal effort and authorizes the chairperson of the Board to so notify the Class Steering Committee through their attorneys, Law, Weather and Richardson. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: 327 GENERAL GOVERNMENT a. City of Berkley - Opposition to Ballot Proposal "A" & "C" b. Midland County Bd. of Comm. (Support) HB 4l48 & 4527, Abanndoned Building Demolition PUBLIC SERVICES a. MAC - Job Training Challenge Grant b. Sheriff - ATPA Grant Applicant Project Directors (1993 Grant Proposals) c. Prosecutor - ATPA Grant Applicant Project Directors (1993 Grant Proposals) The Chairperson stated that Resolution #92252 (Drain Commissioner - Advance of Funds for Lake Louise Dam), (tabled from the last meeting) would be tabled until the next Board Meeting. The next regular Board Meeting will be November 19, 1992 at 9:30 A.M. The Board adjourned at 10:22 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson