HomeMy WebLinkAboutMinutes - 1993.04.29 - 8147
April 29, 1993
Meeting called to order at 10:25 A.M. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Kay Schmid.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of the April 1, 1993
board meeting be approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda be amended as follows:
ITEMS ALREADY ON PRINTED AGENDA:
FINANCE
a. CETA Settlement Agreement
b. Department of Management and Budget-Funding of Replacement Equipment
for the Medical Examiner
Reason for suspension: Waiver of Rule XI, Procedure to Bring Matters
Before the Board
GENERAL GOVERNMENT
b. Department of IHS/Health Division-Provision of Jail Health Services
Reason for suspension: Waiver of Rule XI-F, Direct Referral to Finance
Committee
PLANNING AND BUILDING
c. M.R. #93055, Parks & Recreation Commission-Acceptance of Grant for
Acquisition of Property in Rose Township Reason for suspension: Waiver of Rule
X.A.9, Grants Procedure Not Adhered to
ITEMS NOT ALREADY ON PRINTED AGENDA:
FINANCE
g. Management and Budget Department-1993 Equalization
h. Management and Budget-State Board of Equalization Hearing
Appointments Reason for suspension: Waiver of Rule XXVII, 5-day notification.
Finance Mtg. held prior to April 29, 1993 Board Meeting
Commissioner Jeff Kingzett presented a Proclamation to the Pontiac
Chapter of the Barbershop Quartet, who performed for the Board.
The Clerk read a communication from the Oakland County Soil and Water
Conservation District.
The following persons addressed the Board: Mayor William Roberts, Kurt
Fenske, Diane Cartter, Larry Ternan, Mayor Matthew Quinn, Chief Shaeffer, Ed
Kriewall, David Ruyle, Mike Wright.
Commissioners Minutes Continued. April 29, 1993
147
MISCELLANEOUS RESOLUTION #93063
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CETA SETTLEMENT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution #6645 and #8883, applied for and was granted the designation as a
Comprehensive Employment and Training Act (CETA) Prime Sponsor by the U.S.
Department of Labor; and
WHEREAS various CETA audits and a special purpose close-out reviews have
resulted in certain costs being questioned with disallowed costs exceeding
$4,000,000; and
WHEREAS the settlement agreement between the United States Department of
Justice and Oakland County for case number 84-CTA-177 states that $105,676.50
($78,274 for disallowed costs and $27,402.50 for accrued interest) shall be
paid to the Department of Justice by May 14, 1993; and
WHEREAS the settlement agreement between the United States Department of
Labor and Oakland County for case numbers 83-CTA-22 and 84-CTA-153 states that
$1,094,323.50 for disallowed costs shall be paid to the Department of Labor in
installments: January 31, 1994, January 31, 1995, and January 31, 1996; and
WHEREAS funds of $127,590 are available in the Oakland County Ceta
Employees Retirement Fund for the first payment and outside legal fees with the
balance to be carried forward to help fund the second payment; and
WHEREAS funding for subsequent payments will be included in the 1994/95
Biennial Budget and the 1996 Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached agreement with the United States Department
of Justice and agreement with the United States Department of Labor totaling
$1,200,000.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the close-out of the Ceta Retirement Fund (#73200) and amends the 1993
Budget as follows:
Revenue
3-10100-904-01-00-5731 Equity Transfer In from Ceta $127,590
Employees Retirement Fund
Expenditures
4-10100-901-01-00-9113 CETA Audit Misc. $127,590
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioner
authorizes the County Executive to enter into the attached agreements.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Settlement Agreement on file in County Clerk's office.
Moved by McCulloch supported by Wolf the resolution be adopted.
AYES: Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93064
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SEMCOG - DESIGNATED MANAGEMENT AGENCY 1993 SERVICE CHARGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Federal Water Pollution Control Act sets forth national
clean water goals through planning and management on the part of individual
Commissioners Minutes Continued. April 29, 1993
148
states and communities; and
WHEREAS the Governor of Michigan designated SEMCOG as the agency to do
this planning and its related activity for the seven counties of Southeast
Michigan and, in turn, SEMCOG developed the "Water Quality Management Plan"
which identifies specific actions the region must take to improve and protect
the quality of its water; and
WHEREAS the Plan identifies a mechanism for financing water quality
management, an annual service fee is charged to each of the participating units
based on:
- twenty (20%) percent of the cost is divided among each
of the seven counties and the City of Detroit according
to the size of their land area relative to the area of
the region, and
- eighty (80%) percent is based on sewage flow generated
by each participating unit; and
WHEREAS the resultant invoice amount of $46,090 for Oakland County
exceeds the original budget appropriation of $42,000 by $4,090; and
WHEREAS the Finance Committee recommends that the budget be amended to
provide for full funding of the Designated Management Agency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners appropriate an additional sum of $4,090 to ensure full funding of
$46,090 for the SEMCOG Designated Management Agency for water quality planning
and management.
BE IT FURTHER RESOLVED that the following budget amendments are
authorized:
4-10100-903-01-00-9302 Area Wide Water Quality Board $4,090
4-10100-909-01-00-9900 General Fund Contingency 4,090
-0-
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by McPherson the resolution be adopted.
AYES: Douglas, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
McCulloch, McPherson, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake. (21)
NAYS: Garfield, Miltner. (2)
A sufficient majority having voted therefor, the resolution was
adopted.
MISCELLANEOUS RESOLUTION #93065
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FUNDING OF REPLACEMENT EQUIPMENT
FOR THE MEDICAL EXAMINER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Medical Examiner's office is in need of a replacement tissue
processor, a piece of equipment required to analyze evidence; and
WHEREAS the Medical Examiner has been able to secure a price for the
equipment of $12,500; and
WHEREAS due to the current financial constraints, the Department of
Management and Budget has worked with the Medical Examiner to identify a source
of funding to purchase the replacement processor within the existing budget
and/or through increased revenue efforts; and
WHEREAS the Medical Examiner, through increased productivity of the
existing staff, is able to identify an additional $6,000 in outside revenue for
professional services rendered to other jurisdictions, over and above the
$34,800 budgeted for 1993, which can be committed towards the purchase of the
processor; and
WHEREAS the Equipment Fund, which is under the authority of the
Commissioners Minutes Continued. April 29, 1993
149
Department of Management and Building, will rearrange priorities to provide the
balance of the necessary capital to purchase the processor; and
WHEREAS the replacement processor will be owned by the Equipment Fund
and rented back to the Medical Examiner so that replacement cost can be
obtained for the future, the monthly rental cost will be absorbed by the
Medical Examiner's current budget.
NOW THEREFORE BE IT RESOLVED that Oakland County Board of Commissioners
approves an amendment to the 1993 budget, as specified below, to reflect the
increased revenue generated by the Medical Examiner, dedicated to the purchase
of a replacement tissue processor:
Revenue
3-10100-169-01-00-2326 Medical Services $6,000
Expenditures
4-10100-169-01-00-8670 Op. Trans. - Equipment $6,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Moffitt the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93066
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: 52/1 DISTRICT COURT - AWARD OF LEASE
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 the current need for additional space due to overcrowding cannot
be accommodated by an enlargement of the current facility and the appropriate
solution to address this need is relocation of this District Court to a new
facility; and
WHEREAS the Board of Commissioners authorized and directed the
Department of Corporation Counsel to solicit proposals for the lease and/or
design, construction and lease of a facility to accommodate the relocation of
the First Division of this court; and
WHEREAS the County received 19 proposals from 13 developers for the
construction and lease of a new facility for the 52/1 District Court; and
WHEREAS the Planning and Building Committee has reviewed and evaluated
these proposals as submitted, re-submitted and evaluated by staff.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners awards the lease for the 52/1 Judicial District Court to R.G.
Dryden & Associates for a Courthouse facility to be located at Grand River and
I-96, in Novi, Michigan, not to exceed 25,833 net square feet, at a rate not to
exceed $13.76 per net square foot, at the annual sum of $355,400 per year.
Said lease shall include land, improvements and total maintenance for a period
of five (5) years with an option to renew for an additional five (5) to be
adjusted in accordance with the CPI factor.
BE IT FURTHER RESOLVED that the following language be included in the
lease:
- That R.G. Dryden & Associates shall warrant that it
will remain sole owner of the premises at all times
during construction and the County's occupancy of the
premises, and shall not transfer ownership of same
without the consent of the County Executive and the
Commissioners Minutes Continued. April 29, 1993
150
Chairperson of the Oakland County Board of
Commissioners
- That a specific buy-out price and/or buy-out formula
shall be provided for each lease term after completion
- That approval of all proposed contractors and
subcontractors by both the County Executive and
Chairperson of the Board of Commissioners shall be a
condition precedent to the parties' obligations
hereunder.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners and the County Executive are authorized to sign the lease on
behalf of the County.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Lease on file in County Clerk's office.
REPORT (Misc. #93066)
BY: Planning and Building Committee, Charles Palmer, Chairperson
TO: Finance Committee, John F. McCulloch, Chairperson
IN RE: 52/1 District Court - Award of Lease
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the proposals
received for the above-referenced project, reports with the recommendation that
the lease be awarded to R.G. Dryden and Associates for a Courthouse facility to
be located at Grand River and I96, Novi, Michigan, not to exceed 25,833 net
square feet, at the rate not to exceed $13.76 per net square foot, at the sum
of $355,400 per year. Said lease to include land, improvements, total
maintenance, and the following language:
- That R. G. Dryden & Associates shall warrant that it
will remain sole owner of the premises at all times
during construction and the county's occupancy of the
premises, and shall not transfer ownership of same
without the consent of the County Executive and the
Chairperson of the Oakland County Board of
Commissioners
- That a specific buy-out price and/or buy-out formula
shall be provided for each lease term after completion
- That approval of all proposed contractors and
subcontractors by both the County Executive and
Chairperson of Oakland County Board of Commissioners
shall be a condition precedent to the parties'
obligations hereunder.
Chairperson, on behalf of the Planning and Building Committee, I move
the acceptance of the foregoing report.
PLANNING & BUILDING COMMITTEE
Moved by McCulloch supported by Schmid the Planning and Building
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Discussion followed.
Moved by Gosling supported by Kingzett the resolution be referred back
to the Finance Committee.
Discussion followed.
Vote on referral:
AYES: Gosling, Jensen, Kingzett, Pernick, Price, Douglas. (6)
Commissioners Minutes Continued. April 29, 1993
151
NAYS: Huntoon, Johnson, Kaczmar, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake,
Garfield. (18)
A sufficient majority not having voted therefor, the motion to refer
failed.
Moved by Moffitt supported by Law the resolution be amended to include
after the NOW BE IT FURTHER RESOLVED paragraph: "BE IT FURTHER RESOLVED that
no subsequent courthouse locations be approved in the 52nd District by the
Board of Commissioners until (1) the Board enacts a comprehensive, binding
procedure for determining locations of future courthouses in the 52nd District;
and (2) receives an opinion from retained counsel, William P. Hampton,
consistent with such approval, said opinion to include, but not be limited to
addressing: a) Technical interpretation of pertinent statutes b) Existing
situation of statute compliance or non-compliance c) Whether non-contiguous
communities' consent is legally required or practically desirable d)
Implications of the statute's interpretation for potential similar situations
in other divisions of the 52nd District Court e) Effects of proposed State
law changes, possible district boundary changes or significant potential
impacts f) Recommendations for developing an appropriate policy to secure
binding consensus from involved communities regarding future courthouse
locations."
The Chairperson ruled the amendment out of order.
Commissioner Moffitt appealed the rule of the Chair.
Discussion followed.
The Chairperson stated a "yes" vote would uphold the decision of the
chair: a "no" vote would not.
AYES: Jensen, Johnson, McCulloch, Oaks, Pernick, Price, Aaron, Crake,
Douglas, Gosling. (10)
NAYS: Huntoon, Kaczmar, Kingzett, Law, McPherson, Miltner, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Garfield. (14)
A sufficient majority not having voted therefor, the rule of the Chair
was not upheld.
Vote on Mr. Moffitt's amendment:
AYES: Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Douglas, Garfield,
Gosling, Huntoon. (18)
NAYS: Johnson, Oaks, Pernick, Price, Aaron, Crake. (6)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Law, McCulloch, Moffitt, Obrecht, Palmer, Powers, Price,
Schmid, Taub, Wolf, Crake, Garfield, Huntoon, Jensen. (15)
NAYS: Kaczmar, Kingzett, McPherson, Miltner, Oaks, Pernick, Aaron,
Douglas, Gosling. (9)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Commissioners Minutes Continued. April 29, 1993
152
MISCELLANEOUS RESOLUTION #93067
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SEMCOG - OAKLAND COUNTY MEMBERSHIP DUES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS for calendar years 1992 and 1993, Oakland County has budgeted
less for active membership dues in the Southeastern Michigan Council of
Governments (SEMCOG) than assessed:
1992 Net Oakland County Dues Billed $330,847
Net Budgeted/Paid by County 319,108
Shortfall $ 11,739
1993 Net Oakland County Dues Billed $347,002
Net Budgeted by County 319,108
Shortfall $ 27,894
Total Shortfall 1992 & 1993 $ 39,633; and
WHEREAS all SEMCOG dues are based on a formula agreed upon by member
local governments over twenty years ago and reaffirmed annually, i.e., county
dues equal .0016% times State Equalized Valuation minus dues paid by local
government members within that county's jurisdiction; and
WHEREAS there are no provisions for adjusting the formula without action
by SEMCOG's General Assembly representing all 130 members; and
WHEREAS Oakland County is desirous of continuing as an active member of
SEMCOG participating in its many programs that enhance the quality of life in
this region, including: transportation projects, development of waste water
treatment facilities, and air and water quality planning; and
WHEREAS the Finance Committee recommends that funds previously approved
for the Metropolitan Detroit Convention & Visitors Bureau, but not yet paid
($37,125), be reallocated to fund payment of SEMCOG dues; and
WHEREAS the Finance Committee further recommends that the balance of
funding ($2,508) be derived from the Non-Departmental Appropriation Account -
Misc. Capital Outlay.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the full payment of SEMCOG membership dues for 1992
and 1993, that being $677,849.
BE IT FURTHER RESOLVED that the following budget amendments are
authorized:
4-10100-904-01-00-9405 Tourist Convention Bureau $(37,125)
4-10100-909-01-00-9909 Misc. Capital Outlay (2,508)
4-10100-903-01-00-9301 S.E.M. Council of Govt's. 39,633
-0-
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Obrecht the resolution be adopted.
Moved by Pernick supported by Oaks the resolution be amended to provide
the funding for the balance owed by taking from the County Contingency Fund.
Discussion followed.
Moved by Oaks supported by Aaron the resolution be referred back to the
Finance Committee for reconsideration.
Discussion followed.
Vote on the referral:
Commissioners Minutes Continued. April 29, 1993
153
AYES: Kaczmar, Kingzett, McPherson, Oaks, Palmer, Pernick, Price,
Schmid, Wolf, Aaron, Douglas. (11)
NAYS: Law, McCulloch, Miltner, Moffitt, Obrecht, Powers, Taub, Crake,
Garfield, Gosling, Huntoon, Jensen, Johnson. (13)
A sufficient majority not having voted therefor, the motion to refer
failed.
Vote on Mr. Pernick's amendment:
AYES; Kingzett, McPherson, Oaks, Pernick, Price, Schmid, Taub, Aaron,
Kaczmar. (9)
NAYS: Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Wolf,
Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (15)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Price supported by Aaron the resolution be amended to
distribute the $37,125 shortfall for SEMCOG on a prorata basis to the outside
agencies.
AYES: Oaks, Pernick, Price, Aaron, Douglas, Kaczmar, Kingzett. (7)
NAYS: Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf, Crake, Garfield, Gosling, Huntoon, Jensen, Johnson.
(17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by McCulloch supported by Miltner to call the question.
A sufficient majority having voted therefor, the motion passed.
Vote on resolution:
AYES: McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Law.
(17)
NAYS: Oaks, Pernick, Price, Aaron, Kaczmar, Kingzett. (6)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93068
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CENTRAL SERVICES - RADIO COMMUNICATIONS - APPROVAL OF PARKS &
RECREATION PARTICIPATION IN THE 800 MHz RADIO SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #92137 allowed the Parks & Recreation
Commission to continue operation on a radio system independent of the 800 Mhz
system because Parks & Recreation had not decided at that point to participate
in the 800 MHz system; and
WHEREAS the radios and the funding for Parks & Recreation was excluded
from the agreement with Motorola by Miscellaneous Resolution #92137; and
WHEREAS the Parks & Recreation has requested to participate in the 800
Mhz system with the use of twenty-four (24) high tier portable radios, forty-
one (41) low tier portable radios and four (4) mobile radios; and
WHEREAS the cost of the radios is approximately $122,500 and Parks &
Recreation is willing to advance Radio Communications the funds for the initial
purchase of the requested radios without interest; and
WHEREAS the Radio Communications will return the advance in seven equal
annual payments; and
WHEREAS the Radio Communications will provide the service and Parks &
Recreation will pay the standard rates developed for all County Departments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners Minutes Continued. April 29, 1993
154
Commissioners approves the expansion to the 800 Mhz Radio System by to twenty-
four (24) high tier portable radios, forty-one (41) low tier portable radios
and four (4) mobile radios to include Parks & Recreation.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the attached agreement between the Oakland County Executive and the
Parks & Recreation Commission.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the forgoing resolution.
FINANCE COMMITTEE
Copy of Agreement on file in County Clerk's office.
Moved by McCulloch supported by Law the resolution be adopted.
AYES: Miltner, Moffitt, Oaks, Obrecht, Palmer, Price, Schmid, Taub,
Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93069
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: MANAGEMENT AND BUDGET DEPARTMENT - 1993 EQUALIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the staff of the Equalization Division of the Department of
Management and Budget has examined the assessment rolls of the several
townships and cities within Oakland County to ascertain whether the real and
personal property in the respective townships and cities has been equally and
uniformly assessed at true cash value; and
WHEREAS based on its findings, the manager of the Equalization Division
has presented to the Finance Committee the recommended 1993 Equalization values
which adds to or deducts from the valuation of the taxable property in the
several townships and cities an amount as, in its judgement, will produce a sum
which represents the true cash value thereof; and
WHEREAS the Finance Committee in accordance with Rule XA8 of the Board
of Commissioners adopted January 7, 1993, has reviewed the findings and
recommendations of the employees of the Equalization Division and conducted
hearings to provide for local intervention into the equalization process; and
WHEREAS the Equalization Factors listed on the attached report are the
result of the foregoing process and are for information purposes only.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners adopts the 1993 Equalization and authorizes its certification by
the Chairperson of the Board and further that it be entered on the County
records and delivered to the appropriate official of the proper township or
city.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Douglas the resolution be adopted.
AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Price, Schmid, Taub,
Wolf, Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, Miltner. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. April 29, 1993
155
MISCELLANEOUS RESOLUTION #93070
BY: Finance Committee - John P. McCulloch, Chairperson
IN RE: MANAGEMENT & BUDGET - STATE BOARD OF EQUALIZATION HEARING APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act 106 of the Public Acts of
1960, as amended, the State Tax Commission will meet in the City of Lansing at
the State Law Building on Monday, May 24, 1993 to hear representatives of the
several counties pertaining to the State Equalized Value for each county in the
State; and
WHEREAS your Committee recommends that the Chairperson of the Committee
be authorized to appoint a subcommittee of four (4) members, with the other
members of the Committee being alternates, the Equalization Manager and
Corporation Counsel to appear, if necessary, before the State Tax Commission on
behalf of the County of Oakland.
NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 106
of the Public Acts of 1960, as amended, the following shall be appointed by the
Oakland County Board of Commissioners to represent the County of Oakland at the
hearing of the State Tax Commission to be held in the City of Lansing on
Monday, May 24, 1993, four (4) members of the Finance Committee, Equalization
Manager, Don L. Bailey, and Corporation Counsel, Jack C. Hays.
Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Oaks the resolution be adopted.
AYES: Oaks, Obrecht, Palmer, Pernick, Price, Schmid, Taub, Wolf,
Aaron, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Miltner, Moffitt. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
REPORT
BY: General Government Committee, Donald W. Jensen, Chairperson
RE: COMMUNITY MENTAL HEALTH SERVICES BOARD APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the following
appointments to the Community Mental Health Services Board:
TERM ENDING 12/31/95
Shelley G. Taub
TERMS ENDING 12/31/94
Calvin J. Lippitt, Sherry Samson
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
REPORT (Misc. #93071)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - PROVISION OF JAIL
HEALTH SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on April 21, 1993, reports with the recommendation that the resolution be
adopted..
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. April 29, 1993
156
MISCELLANEOUS RESOLUTION #93071
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION -
PROVISION OF JAIL HEALTH SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93037 authorized the continuation of
sixteen (16) positions in the Health Division - Jail Health Unit until April
30, 1993 so that the County Executive and Sheriff could explore the best way to
provide services, staffing and financial support to the jail health clinic;
and
WHEREAS the County Executive and the Sheriff have agreed on the staffing
and service levels required to operate the jail health clinic, as evidenced by
the attached letter of agreement; and
WHEREAS the agreement includes the provision that the Health Division
continue to provide staffing to the jail health clinic; and
WHEREAS in order to accomplish this task the sixteen (16) positions
budgeted in the Health Division - Jail Health Unit must
be continued; and
WHEREAS funding exists in the 1993 Health Division budget to cover the
cost of continuing these positions, no additional appropriation is required.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the sixteen (16) positions assigned to the Health
Division's Jail Health Unit (#162-15), scheduled for deletion on April 30, 1993
pursuant to Miscellaneous Resolution #93037, be continued.
Chairperson, on behalf of the General Government Committee, I move
the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Memorandum of Agreement on file in County Clerk's office.
FISCAL NOTE (Misc. #93071)
BY: Finance Committee, John McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION -
PROVISION OF JAIL HEALTH SERVICES
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 #93071 and finds:
1. The resolution continues funding for sixteen (16) governmental
funded positions in the Health Division's Jail Health Unit (#162-15), scheduled
for deletion on April 30, 1993.
2. Position cost for the balance of 1993 equals $593,534, of which
$394,283 is salary cost, $180,951 is fringe benefit cost, $17,500 is overtime
cost and $800 is operating.
3. Funding is available in the Health Division budget to cover the
extension, the following amendment to the 1993 budget is recommended:
4-22100-162-15-00-3287 Contractual Svs. $(593,534)
4-22100-162-15-00-1001 Salaries 394,283
4-22100-162-15-00-1002 Overtime 16,600
4-22100-162-15-00-1004 Holiday Overtime 900
4-22100-162-15-00-2074 Fringe Benefits 180,951
4-22100-162-15-00-3347 Expendable Equipment 300
4-22100-162-15-00-3574 Personal Mileage 500
$ - 0 -
=========
FINANCE COMMITTEE
Moved by Jensen supported by Gosling the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Gosling the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Price, Schmid, Taub, Wolf, Aaron,
Commissioners Minutes Continued. April 29, 1993
157
Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Oaks. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93047)
BY: General Government Committee,Donald W, Jensen, Chairperson
IN RE: (SUPPORT) H.R. 140, MANDATE RELIEF ACT, AND H.R. 886, MANDATE STUDY
COMMISSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution, reports with the recommendation that the resolution be adopted with
the following amendment: in the NOW THEREFORE BE IT RESOLVED paragraph, add the
Michigan Association of Counties, National Association of Counties, State
Legislators and all other Counties to receive certified copies of this
resolution.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93047
BY: Commissioners Ruth A. Johnson, Dist. #1 and Don L. Wolf, Dist. #19
IN RE: (Support) H.R. 140, MANDATE RELIEF ACT, AND H.R.886, MANDATE STUDY
COMMISSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS local and state government should not be responsible for
subsidizing federally mandated programs or required to enact local taxes to
support such unfunded mandates, and
WHEREAS our citizens, like those throughout this Nation, have been
encumbered with an unprecedented tax burden, one which diminishes our
lifestyles, restricts our business development, and inhibits financial growth,
and
WHEREAS the passage of H.R. 140 would protect states and localities from
future unfunded federal mandates by making any new requirements applicable only
if all funds necessary to pay the direct costs incurred are provided by the
federal government, and
WHEREAS H.R. 886 would establish a commission to study existing federal
mandates to determine those which should be eliminated, and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the passage of H.R. 140 and H.R. 886, and
directs that certified copies of this resolution be sent to our Congressional
legislators and our legislative agent.
Chairperson, we move the adoption of the foregoing resolution.
Commissioners Ruth A. Johnson, Donn L.
Wolf,
David L. Moffitt, Charles Palmer,
Donald Jensen, Marilynn Gosling,
Sue Ann Douglas, Hubert Price, Jr.,
Lawrence Obrecht, Kevin A. Miltner,
Dennis N. Powers, Donna Huntoon,
Lawrence R. Pernick, Larry P. Crake,
John P. McCulloch, John Garfield,
Kay M. Schmid, Thomas A. Law
Moved by Jensen supported by Taub the General Government Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Taub the resolution be adopted.
Moved by Taub supported by Aaron the resolution be amended as
recommended in the General Government Committee Report. (In the NOW THEREFORE
Commissioners Minutes Continued. April 29, 1993
158
BE IT RESOLVED paragraph, add "the Michigan Association of Counties, National
Association of Counties, State Legislators and all other Counties" to receive
certified copies of this resolution.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Palmer, Pernick, Price, Schmid, Taub, Wolf, Aaron, Crake,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Oaks, Obrecht. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #93048)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO BOARD RULES SEC. X, CONSTRUCTION
PROJECT APPROVAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution on April 19, 1993, reports with the recommendation that the
resolution be adopted with the addition of the following:
BE IT FURTHER RESOLVED that the Articles of Incorporation of the
Building Authority be amended by the Board of Commissioners to
appropriately reflect the intent of the proposed rule change.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #93048)
BY: Planning & Building Committee, Charles Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS-AMENDMENT TO BOARD RULES SEC. X., CONSTRUCTION
PROJECT APPROVAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-
referenced resolution on March 23, 1993, reports with the recommendation that
the resolution be adopted with the addition of the following:
BE IT FURTHER RESOLVED that the Articles of incorporation of the
Building Authority be amended by the Board of Commissioners to
appropriately reflect the intent of the proposed rule change.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #93048
BY: Lawrence Obrecht, District #3
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO BOARD RULES SEC. X, CONSTRUCTION
PROJECT APPROVAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Building Authority was established by the
then Oakland County Board of Supervisors by MR 4534, adopted February 8, 1966,
to "build, acquire, furnish, equip, own, improve, enlarge, lease, operate and
maintain a building or buildings...for use for any legitimate public purpose of
the County of Oakland..." in accordance with PA 31 of 1948, as amended; and
WHEREAS the Oakland County Board of Commissioners has occasionally
authorized the Building Authority to undertake various county construction
projects in accordance with PA 31 of 1948, as amended; and
WHEREAS the Building Authority will, from time to time, approve changes
to: the location of buildings; employment of architects; and plans and
specifications for new construction projects or alternations of existing
structures; and
WHEREAS such changes often impact the lease contract between the County
Commissioners Minutes Continued. April 29, 1993
159
of Oakland and the Building Authority and, therefore, require approval by both
the Board of Commissioners and the Building Authority; and
WHEREAS there is the possibility that changes made by the Building
Authority may not be communicated to the Planning and Building Committee for
their review and approval, as was the case with the proposed West Wing
extension to the Oakland County Courthouse; and
WHEREAS the rules for the Board of Commissioners state that the Planning
and Building Committee is responsible for all new construction projects and
alterations of existing structures, including locations of buildings, selection
of architects and preparation of plans and specifications; and
WHEREAS the Board of Commissioners is interested in amending its Board
Rules to reflect that final plans and specifications must be approved by the
Planning and Building Committee.
NOW THEREFORE BE IT RESOLVED that Section X(e)(2) of the Board Rules be
amended to read as follows:
2(a). All new construction and all alterations of
existing structures beyond what would normally
fall in the category of maintenance shall be under
the general jurisdiction of the Planning and
Building Committee. Such Committee shall be
charged with, subject to the approval of the Board
of Commissioners, establishing locations of
buildings, employment of architects, and
preparation of plans and specifications."
(b). Final plans and specifications for all new county
construction projects and all alterations of
existing structures beyond what would normally
fall in the category of maintenance, including
those projects referred to the Building Authority,
shall be approved by the Planning and Building
Committee prior to issuance of Requests for
Proposals. Any subsequent major revisions to
plans and specifications by the architect(s),
contractor(s), county staff, the Building
Authority, etc. shall require approval by the
Planning and Building Committee.
BE IT FURTHER RESOLVED that in accordance with Oakland County Board of
Commissioners Rules, Article XV., the presentation of this resolution at this
meeting, with request for referral and subsequent adoption, constitutes the
required five-day notice for amendment of rules.
Chairperson, I move the adoption of the foregoing resolution.
Lawrence A. Obrecht,
Commissioner Dist. #3
Moved by Jensen supported by Obrecht the Planning and Building Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Obrecht the General Government Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Obrecht the resolution be adopted.
Moved by Jensen supported by Obrecht the resolution be amended by
including the following: "BE IT FURTHER RESOLVED that the Articles of
Incorporation of the Building Authority be amended by the Board of
Commissioners to appropriately reflect the intent of the proposed rule
change."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
Commissioners Minutes Continued. April 29, 1993
160
AYES: Price, Schmid, Taub, Aaron, Crake, Douglas, Garfield, Gosling,
Huntoon, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht,
Palmer. (18)
NAYS:: Pernick, Wolf, Jensen, McCulloch. (4)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93072
BY: Planning & Building Committee
IN RE: SOLID WASTE - REMOVAL OF WATERFORD HILLS LANDFILL FROM ACT 641 PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Resolution #90141, the Oakland County Board of Commissioners
approved the Oakland County Solid Waste Management Plan which included a number
of sanitary landfills as a component in the solid waste management process, and
WHEREAS among those landfills is the Waterford Hills Landfill which is
located on Gale Road in western Waterford Township, and
WHEREAS subsequent to the inclusion of Waterford Hills Landfill into the
County's Plan, the Michigan Department of Natural Resources closed this
facility due to environmental problems which the Courts have ordered remedied,
and
WHEREAS the Waterford Hills Landfill's owner has not complied with the
Court Order and has transferred the ownership of the landfill to another party
for the purpose of reopening the landfill, and
WHEREAS in an attempt to protect the surrounding environment, the
Oakland County Solid Waste Plan designated this landfill as a Type III, but the
Courts have allowed it to operate as a Type II, thus increasing the threat of
leaking leachate to the community, and
WHEREAS the location of this landfill, within 10,000 feet of the runway
at Oakland/Pontiac Airport, is in violation of FAA regulations, and the
attraction of seagulls to this facility, when operating, creates a further
violation of FAA regulations.
WHEREAS the inclusion of this landfill in the Oakland County Solid Waste
Management Plan was done without the advice or consent of the local unit.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners, in view of the many known reasons on the unsuitability of the
Waterford Hills Landfill, does hereby recommend the deletion of this landfill
from the Oakland County Act 641 Solid Waste Management Plan.
BE IT FURTHER RESOLVED that, in the future, the Oakland County Solid
Waste Planning Committee review the inclusion of all existing facilities with
the host municipalities prior to incorporating such facilities within the
County's Solid Waste Plan and gain local host municipality acceptance of any
site not included in the 641 Plan adopted by the Board of Commissioners in
1990.
BE IT FURTHER RESOLVED that copies of this resolution be referred to the
Oakland County Solid Waste Department for inclusion in the Solid Waste Planning
Committee's next Update of the Oakland County Act 641 Solid Waste Plan
Chairperson, on behalf of the Planning & Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Miltner the resolution be adopted.
Moved by Kaczmar supported by Kingzett the resolution be amended by
including the following after the NOW THEREFORE BE IT RESOLVED paragraph: BE
IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in view of
the many problems associated with incinerators, deletes the Auburn Hills and
SOCCRA incinerators from the Oakland County Act 641 Solid Waste Management
Plan."
Discussion followed.
Vote on amendment:
AYES: Price, Taub, Douglas, Garfield, Gosling, Kaczmar, Kingzett, Law,
McPherson, Miltner, Oaks, Obrecht, Pernick. (13)
Commissioners Minutes Continued. April 29, 1993
161
NAYS: Schmid, Wolf, Aaron, Crake, Huntoon, Jensen, Johnson, Palmer.
(8)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht,
Price. (18)
NAYS: Aaron, Jensen, Palmer, Pernick. (4)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93073
BY: Planning & Building Committee, Charles Palmer, Chairperson
IN RE: DISTRICT COURT - COMMITTEE TO RECOMMEND PROCEDURE FOR FACILITY
ACQUISITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the location of the various divisions of the 52nd District Court
has changed periodically due to population shifts, economic considerations,
availability of suitable facilities, state legislative requirements, etc.; and
WHEREAS it is likely that these factors will continue to influence the
location of district court facilities in the foreseeable future; and
WHEREAS it is, therefore, in the best interest of the Court users, the
general public and the County corporate to have sound procedures for the
acquisition of district court facilities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establishes a district court facility review committee consisting
of the following: one representative of the Board's Program Evaluation office;
one representative of the Department of Management and Budget; the Chief
District Court Judge, or his designee; the Director of the Department of Public
Works and
the Chairpersons of the Planning and Building, General Government and Public
Services Committee.
BE IT FURTHER RESOLVED that this committee will develop criteria for
providing district court facilities as it may relate to location, funding
options, lease vs owning, architectural features and specifications.
BE IT FURTHER RESOLVED that this committee will develop and submit a
recommendation for acquisition of district court facilities to the Planning and
Building Committee for approval no later than October 12, 1993.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Garfield the resolution be adopted.
AYES: Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht,
Palmer, Pernick, Price, Schmid. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93055
BY: Planning & Building Committee, Charles Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ACCEPTANCE OF GRANT FOR ACQUISITION
OF PROPERTY IN ROSE TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Whereas the Parks and Recreation Commission has been notified that it is
the recipient of a grant from the Michigan Natural Resources Trust Fund to
acquire property in Rose Township for the purpose of providing recreational
opportunities and preserving openspace for all residents of Oakland County; and
Commissioners Minutes Continued. April 29, 1993
162
WHEREAS the Parks and Recreation Commission has the funds available to
make such acquisition; and
WHEREAS said acquisition will provide the protection and preservation of
said property and establish a County Park in a section of the County not
previously serviced by the County Park System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Oakland County Parks and Recreation Commission to
accept said grant for the acquisition of 612 acres in Rose Township as
identified in the grant being parcels 06-09-300-005 thru 019, 06-09-451-001,
06-16-100-001 thru 005, 06-16-201-005, 06-16-251-001 and 002, 06-16-276-001,
06-16-301-001, 06-16-326-001, 06-16-351-00l, 06-16-401-001, 06-21-101-001, and
said monies for the acquisition to come from Parks and Recreation funds and/or
grant monies; and
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners
authorizes the Parks and Recreation Commission to acquire property as approved
in and within the parameters of the above referenced grant agreement.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93055)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ACCEPTANCE OF GRANT FOR ACQUISITION
OF PROPERTY IN ROSE TOWNSHIP
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 #93055 and finds:
1) The Oakland County Parks and Recreation Commission
applied for a matching grant totaling $1,085,000 in
1991 from the Michigan Department of Natural Resources
to purchase approximately 612 acres in Rose Township to
establish a County park.
2) A matching grant of $1,085,000 has been awarded to the
Oakland County Parks and Recreation Commission with
grant funding of $759,500 (70%) from the Michigan
Natural Resources Trust Fund and matching funds of
$325,500 (30%) from the Oakland County Parks and
Recreation Commission.
3) Funding for matching funds for the purchase of this
property is identified in the 1993 Parks and Recreation
Commission's Capital Improvement Budget - Rose Township
Acquisition account and is available from the
Commission's one-quarter mill revenue and donations;
therefore no budget amendments are required.
4) Acceptance of this grant will not obligate the County
to any future obligations.
5) The Finance Committee recommends the resolution be
amended in the BE IT FURTHER RESOLVED paragraph as
follows:
"BE IT FURTHER RESOLVED the Oakland County
Board of Commissioners authorizes the
Parks and Recreation Commission to acquire
property on behalf of Oakland County as
approved in and within the parameters of
the above referenced grant agreement."
FINANCE COMMITTEE
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Obrecht, Palmer,
Pernick, Price, Schmid, Taub. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. April 29, 1993
163
MISCELLANEOUS RESOLUTION #93057
BY: Planning & Building Committee, Charles Palmer, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS-AUTHORIZATION TO PURCHASE X-RAY SCANNING
SYSTEM MACHINES FOR OAKLAND COUNTY COURTHOUSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has recently addressed Courthouse security needs
by the adoption of Miscellaneous Resolutions #91214 and #92119, which provided
installation of metal detection equipment, additional card access entry locks,
and security staffing; and
WHEREAS the installation of two (2) X-ray scanning system machines to
aid in the detection of concealed weapons would further improve the security of
the Courthouse and expedite entry of the public into the building; and
WHEREAS the cost to purchase and install these two X-ray machines is
estimated to be $54,900; and
WHEREAS funding to purchase and install this equipment is available in
the Oakland County Equipment Fund; and
WHEREAS funding is available to lease this equipment in the Facilities
and Operations Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the purchase and installation of two (2) X-ray
scanning system machines for the Oakland County Courthouse.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93057)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZATION TO PURCHASE X-RAY SCANNING
SYSTEM MACHINES FOR OAKLAND COUNTY COURTHOUSE
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 #93057 and finds:
1) The Department of Public Works is requesting the
purchase and installation of two (2) X-ray scanning
system machines at an estimated cost of $54,900 to
improve security and expedite entry of the Oakland
County Courthouse.
2) Funding to purchase and install this equipment is
available in the Oakland County Equipment Fund.
3) Funding to lease this equipment from the Oakland County
Equipment Fund is available in the Facilities
Maintenance and Operations Fund.
4) No budget amendments are required.
FINANCE COMMITTEE
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Obrecht, Palmer, Pernick,
Price, Schmid, Taub, Wolf. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93074
BY: Public Services Committee
IN RE: SHERIFF'S DEPARTMENT - DISPOSITION OF PROPERTY HELD BY SHERIFF
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff of Oakland County, by letter of March 31, 1993, has
requested authority from the Board of Commissioners to dispose of recovered,
stolen property which has been unclaimed for six months or more, and
WHEREAS pursuant to the provisions of Act 54 of the Public Act of 1959,
Commissioners Minutes Continued. April 29, 1993
164
as amended; said recovered stolen property shall be disposed of by manner of
public auction to be held, Saturday, May 1, 1993.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners grants authority to the Sheriff of Oakland County to dispose of
such unclaimed property in accordance with the manner prescribed in Act 54 of
the Public Acts of 1959, as amended, and that such Public Auction shall be held
on Saturday, May 1, 1993.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Obrecht supported by Price the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Price,
Schmid, Taub, Wolf, Crake. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93075
BY: Charles Palmer, Commissioner, District #16
IN RE: DRAIN COMMISSIONER - TRANSFER OF WATER & SEWAGE OPERATIONS DIVISION
FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has heretofore established a public
improvement agency with the Oakland County Drain Commissioner designated as the
County Agent pursuant to Public Act 342 of 1939, as amended; and
WHEREAS pursuant to Public Act 185 of 1957, as amended, the Oakland
County Executive, through the Water & Sewage Operations Division of the
Department of Public Works, administers, operates and maintains three major
County sewage disposal districts serving twenty-eight (28) communities in
Oakland County, including:
Evergreen-Farmington District
Clinton-Oakland District, and
Huron-Rouge District,
as well as provides operation and maintenance service to fourteen (14) local
communities for water supply and sixteen (16) communities for sewer services,
acting as the communities' Water & Sewer Department for approximately 51,000
retail customers; and
WHEREAS the function of the Drain Commissioner is to supervise and
administer the construction of new storm drains and, as an Agent for the County
of Oakland by designation of the Board of Commissioners, supervise and
administer the construction and operation of sewer and water projects for local
units of government within the County; and
WHEREAS the County Board of Commissioners is authorized by Section 12 of
Public Act 139 of 1973, as amended, to delegate additional powers and functions
to the Drain Commissioner and the combination of powers, duties and functions
set forth herein is consistent with this authorization; and
WHEREAS Section 14(a) of Public Act 139 of 1973, as amended, requires
that the Board of Commissioners, upon the affirmative recommendation of the
County Executive, hold a public hearing prior to acting to combine the powers,
duties and functions of Public Act 185 of 1957, as amended, and Public Act 342
of 1939, as amended, into one County department headed by the Drain
Commissioner; and
WHEREAS the County Executive believes that the subject consolidation of
the various drain, sewer and water functions into a single County department
headed by the Drain Commissioner is in the best interests of the County, and
therefore, makes an affirmative recommendation for this action; and
WHEREAS the Drain Commissioner concurs with the foregoing
recommendation; and
WHEREAS in order to perform these functions, the Drain Commissioner must
utilize positions which are currently authorized within the Department of
Public Works.
NOW THEREFORE BE IT RESOLVED that, pursuant to the authorization
Commissioners Minutes Continued. April 29, 1993
165
provided in Sections 12 and 14 of Public Act 139 of 1973, as amended, the
Oakland County Board of Commissioners hereby directs that a public hearing be
held for the purpose of receiving public comments as to whether the powers,
duties and functions of Public Act 185 of 1957, as amended, and Public Act 342
of 1939, as amended, should be combined into one County Department headed by
the Drain Commissioner.
BE IT FURTHER RESOLVED that by adoption of this resolution, after
completion of the public hearing, the Oakland County Board of Commissioners
hereby combines the powers, duties and functions of Public Act 185 of 1957, as
amended, and Public Act 342 of 1939, as amended, into one County department
headed by the Drain Commissioner.
BE IT FURTHER RESOLVED that the County Executive is hereby authorized to
take all such administrative acts as may be necessary to implement this
resolution.
Chairperson, I move adoption of the foregoing resolution.
Charles Palmer
Commissioner, District #16
The Chairperson referred the resolution to the General Government,
Planning and Building, Finance and Personnel Committees. There were no
objections.
MISCELLANEOUS RESOLUTION #93076
BY: Commissioner Sue Douglas, District #8
IN RE: RESCIND P.A. 312 of 1969, COMPULSORY ARBITRATION OF LABOR DISPUTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS P.A. 312 of 1969 was enacted on an experimental basis in
response to a public need to bring about an end to a perceived outbreak of work
stoppages amongst public safety employees; and
WHEREAS P.A. 312, while designed to provide for an alternate,
expeditious, effective and binding procedure for the resolution of labor
disputes, has had several unintended consequences which are detrimental to the
provision of responsible government for the taxpayers; and
WHEREAS compulsory arbitration under P.A. 312 is first and foremost an
adversary process and, by default, creates a perceived adversarial relationship
between a governmental entity and its public safety employees; and
WHEREAS the compulsory arbitration component of P.A. 312 wrestles
control of negotiations from the hands of the interested parties, those being
the governmental entity and its public safety employees, and surrenders
jurisdiction in such matters to an unaffiliated party; and
WHEREAS by virtue of the State's public policy prohibiting strikes by
public safety employees, the compulsory arbitration component of P.A. 312
necessarily creates a differentiation between collective bargaining practices
amongst a governmental entity's bargaining units and creates an elite
bargaining process for public safety employees; and
WHEREAS due to the stringent time constraints imposed by P.A. 312,
compulsory arbitration may prevent the acquisition of sufficient actuarial cost
data necessary to determine the impact of economic disputes on the taxpayers;
and
WHEREAS it is in the best interest of its citizens that Oakland County
1) have conformity and standardization between collective bargaining procedures
amongst all its bargaining units, 2) keep negotiations pertaining to collective
bargaining disputes in the hands of the interested parties, and 3) maintain
sufficient time to accurately and thoroughly assess the impact of each disputed
issue.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby opposes the compulsory arbitration provisions of P.A. 312
of 1969 and urges the Governor and Legislature to rescind P.A. 312 in the best
interest of the citizens of the state of Michigan.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the
Governor and Oakland County's delegation of state legislators.
I move the adoption of the foregoing resolution.
Sue Ann Douglas
Commissioners Minutes Continued. April 29, 1993
166
Commissioner, District #8
The Chairperson referred the resolution to the General Government and
Personnel Committees. There were no objections.
MISCELLANEOUS RESOLUTION #93077
BY: Larry P. Crake, Commissioner, District #4
IN RE: (SUPPORT) HURON CLINTON METROPOLITAN AUTHORITY ASSUMPTION OF PONTIAC
LAKE RECREATION AREA
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in its effort to reduce the cost of Michigan's government, all
areas of State government, including the Department of Natural Resources, have
had to streamline their programs,and
WHEREAS faced with large budget cuts, the DNR is attempting to lower
its operating budget and still ensure that Michigan's residents are afforded
both public recreation and the preservation of natural resources, and
WHEREAS this utilization of the DNR facilities by HCMA will ensure the
continued public usage of this land for hunting, snowmobiling, horseback
riding, mountain biking, and integral recreational activities, and
WHEREAS to that end, the DNR and the Huron Clinton Metropolitan
Authority have entered into negotiations for the transfer of the 3700-acre
Pontiac Lake Recreation Area to HCMA, and
WHEREAS the Oakland County Road Commission has expressed an interest in
the portion of that DNR land within Waterford Township, Sec.18.T.3N R9E.
bounded by Gale Road on the north, Williams Lake Road on the east, M-59 on the
south, and Waterford Township line on the west.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby
records its support of the assumption of the Pontiac Lake Recreation Area by
the Huron Clinton Metropolitan Authority as being in the best interests of the
Citizens of Oakland County.
BE IT FURTHER RESOLVED that the Board of Commissioners supports the
transfer of the land described above to the Oakland County Road Commission for
Public Road purposes.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to
the Michigan Department of Natural Resources, Huron Clinton Metropolitan
Authority, Oakland County Parks and Recreation Commission, Oakland County Road
Commission, Governor Engler, and our State Legislators.
Chairperson, I move the adoption of the foregoing resolution.
Larry P. Crake, Sue Ann Douglas,
Thomas A. Law, John Garfield,
Donald W. Jensen, John P. McCulloch,
Donn L. Wolf, Donna Huntoon,
Charles Palmer, Shelley Taub,
Dennis N. Powers
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the following referrals were made by the
Chairperson:
FINANCE
a. SEMCOG-1993 Service Charge
b. Sheriff's Dept.-Out-County Inmate Housing
c. City of Royal Oak-(Oppose) Lease Back of Novi District Court
GENERAL GOVERNMENT
a. SEMCOG-1993 Service Charge
b. City of Royal Oak-(Oppose) Funding 52nd District Court
c. Wayne County-Reimbursement of Local Government for Loss of Tax
Revenue Caused by Assessment Freezes or Property Tax Cuts
d. Areawide Water Quality Board-Appointment Requests
e. Lake County-(Support) HB4181, Recall Process
f. Lake County-(Support) Retention of Sawyer AFB
Commissioners Minutes Continued. April 29, 1993
167
g. Iron County-(Oppose) Current Administration's Initiative to
Eliminate What It Calls Are Below Cost Timber Sales in Michigan's National
Forests
h. Saginaw-(Oppose) Proposed rule 3.217D, Domestic Relations Rules
i. Royal Oak Schools-Reinvest in America
j. Dept. of Army-Pontiac Storage Facility Surplus Government Property
PLANNING AND BUILDING
a. Dept. of Army-Pontiac Storage Facility Surplus Government Property
b. SEMCOG-1993 Service Charge
c. City of Royal Oak-(Oppose) Lease Back of Novi District Court
PUBLIC SERVICES
a. Sheriff's Dept.-Out-County Inmate Housing
OTHERS
Commissioners
a. City of Madison Heights-(Oppose) 52nd District Court Funding
b. City of Hazel Park-(Oppose) 52nd District Court Funding
c. City of Oak Park-(Oppose) 52nd District Court Funding
Management and Budget
a. Equalization-Ind. Fac. Exemption Over 5% SEV, A.B. Heller, Inc.,
Township of Milford
b. Equalization-Ind. Fac. Certificate Transfer, Welders & Presses,
City of Royal Oak
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be May 13,
l993 at 9:30 A.M. The Board adjourned at l:l9 P.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson