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HomeMy WebLinkAboutMinutes - 1993.06.24 - 8151 233 June 24, 1993 Meeting called to order by Chairperson Larry Crake at 9:44 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll Called. PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24) ABSENT: Law. (1) Quorum present. Invocation given by Commissioner Sue Ann Douglas. Pledge of Allegiance to the Flag. Moved by Schmid supported by Pernick the Minutes of June 10, 1993 Board meeting be approved as printed. A sufficient majority having voted therefor, the Minutes were approved Moved by Schmid supported by Pernick the Agenda be approved. AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the Agenda was approved. Clerk read a letter from Chairperson Larry Crake appointing Marilynn E. Gosling, John P. McCulloch, and Hubert Price, Jr. (alternate) to the Transition Team for Full Management. There were no objections and the appointments were confirmed. Clerk read a letter form County Executive L. Brooks Patterson appointing Deputy Executive Douglas J. Williams, Director of Management and Budget Robert Daddow, and Director of Institutional and Human Services Monty Sharobeem to the Transition Team. There were no objections and the appointments were confirmed. Clerk read a letter from James E. Defebaugh, Chairperson Community Mental Health Services Board appointing Aleck Capsalis and Nat Pernick as members of Transition Team. There were no objections and the appointments were confirmed. Commissioner Ruel McPherson addressed the Board. Commissioners minutes continued. June 24, 1993 234 MISCELLANEOUS RESOLUTION #93105 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - KELLOGG FOUNDATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #93020, the Department of Institutional and Human Services applied to the W.K. Kellogg Foundation (WKKF) for a $100,000 planning grant under the Foundation's Families for Kids initiative; and WHEREAS the WKKF has awarded Oakland County a $100,000 grant, to conduct a twelve (12) to eighteen (18) month community planning effort; and WHEREAS grant funding will be used to hire an outside contractor to direct the planning effort; the contractor will be chosen through a competitive bid process upon the recommendation of the Families and Children Services Task Force, no additional County staff will be added; and WHEREAS although not specifically required, the County will contribute in- kind cost in the form of staff time from the Probate Court, Community Mental Health, Children's Village and Institutional and Human Services Administration, related to interviews and data collection; indirect cost of approximately $12,000 will also not be charged; and WHEREAS at the end of this process Oakland County will have systematic program for family and children services which will be submitted to the WKKF for implementation funding; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been reviewed as part of the County Executive's contract review procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Families for Kids grant from the W.K. Kellogg Foundation in the amount of $100,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant extensions and changes within fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the 1993 grant revenue and expenditure budget be amended, as specified below, to reflect this grant: Revenue 3-xxxxx-161-01-00-2185 Grant Revenue $100,000 Expenditures 4-xxxxx-161-01-00-3287 Contractual Services $ 65,000 4-xxxxx-161-01-00-3574 Personal Mileage 1,000 4-xxxxx-161-01-00-3752 Travel and Conference 15,000 4-xxxxx-161-01-00-6670 Stationary Stock 9,500 4-xxxxx-161-01-00-6672 Print Shop 9,500 $100,000 $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing Resolution. FINANCE COMMITTEE Moved by McCulloch supported by Dingelday the Resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. Commissioners minutes continued. June 24, 1993 235 MISCELLANEOUS RESOLUTION #93106 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: MANAGEMENT AND BUDGET - AUTHORIZATION TO ESTABLISH THE COST REDUCTION INCENTIVE MANAGEMENT PROGRAM (CRIMP) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, in recent years, Oakland County has been experiencing a declining fund balance in the General Fund due to the propensity to utilize this resource to finance current operations; and WHEREAS, the County Executive has developed a Cost Reduction Incentive Management Program (CRIMP), to encourage cost reductions and increase productivity and economic delivery of public services, with the following specific objectives: Provide management incentives to encourage cost reduction actions, particularly as they relate to the General Fund. A portion of the cost reductions would be set aside for the participating departments to be used at their discretion. Ultimately, the use of these funds should further increase productivity or provide enhanced services to the public. Cost reductions not set aside would be used to offset the operating short-fall for the General Fund and rebuild fund balance. WHEREAS, successful operation of CRIMP requires the establishment of a special revenue fund which will be used to track and monitor approved cost reduction plans and reserve a portion of savings for approved departmental projects with no funds being transferred to or from this fund without Board of Commissioner approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the concept of the Cost Reduction Incentive Management Program (CRIMP), as outlined in Attachment A, and authorizes the establishment of the CRIMP Fund as a special revenue fund in the County's Chart of Accounts to be used to track savings from this program. BE IT FURTHER RESOLVED that the following paragraph be inserted into Section 22 of the Oakland County 1993 General Appropriations Act: A special revenue fund entitled the Cost Reduction Incentive Management Program (CRIMP) Fund shall be utilized to track and monitor approved departmental cost reduction projects. Resulting budget amendments with recommended transfer of funds to the CRIMP Fund must be authorized by the Board of Commissioners and, subse- quent to verification of actual savings realized, a portion of the savings may be utilized to supplement departmental appropriations for approved projects of a nonrecurring nature. Budget amendments transferring funds from the CRIMP Fund to departments, likewise, require Board of Commissioner authorization with all residual savings designated to be used to supplement General Fund equity. 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. Discussion followed. AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (23) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. MISCELLANEOUS RESOLUTION #93107 Commissioners minutes continued. June 24, 1993 236 BY: General Government Committee-Donald W. Jensen, Chairperson IN RE: ROAD COMMISSION - SUPPORT CONTINUATION OF TRANSPORTATION ECONOMIC DEVELOPMENT FUND (TEDF) WITH ORIGINAL DISTRIBUTION FORMULA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Transportation Economic Development Fund (TEDF) has returned over $100 million to Oakland County to address much needed road improvements related to development; and WHEREAS, the majority of the monies returned to Oakland County had been through Category A funding, resulting from applications submitted by Oakland County's communities; and WHEREAS, the percentage allocations for Category C were based on road congestion and were agreed to by all five of the largest urban counties when TEDF was created in 1987; and WHEREAS, those congestion problems still exist, thereby warranting continuation of this category in its current form; and WHEREAS, Wayne County, which did not apply for Category A funding as Oakland County did, is now proposing a change in the Category C funding formula that would reduce Oakland County's share by almost $2 million per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby endorses the continuation of TEDF with the original distribution formula for Category C. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon Oakland County Legislators and others to oppose any changes to the Category C funding formula. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Oakland County Legislators, the Michigan Association of Counties, the County's Legislative Agent and State Government Liaison. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Taub the Resolution be adopted. AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (22) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. REPORT (Misc. #93108) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES-OAKLAND/PONTIAC AIRPORT-1993 AIRPORT CAPITAL IMPROVEMENT PROGRAM 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. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #93108 BY: General Government Committee - Donald Jensen, Chairperson IN RE: CENTRAL SERVICES - OAKLAND/PONTIAC AIRPORT - 1993 AIRPORT CAPITAL IMPROVEMENT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 1993 Oakland County Capital Improvement Program contains $200,000.00 for improvements for Oakland County airports; and Commissioners minutes continued. June 24, 1993 237 WHEREAS the Airport Committee has submitted a 1993 Airport Capital Improvement Program for Oakland/Pontiac and Oakland/Troy Airports in accordance with the Airport Master Plans consisting of: Oakland/Pontiac Airport 1. Land Acquisition (Phase I - North) $ 2,490,000 2. Taxiways/Signage/Fencing 1,534,800 3. Water Main Extension 25,000 Oakland/Troy Airport 1. T-Hangar Acquisition 350,000 2. FBO Hangar 329,260 TOTAL $ 4,729,060 Proposed Funding Federal Aviation Administration Grants $ 3,622,320 State Grants Oakland/Pontiac $ 76,740 Oakland/Troy 150,000 226,740 Airports Funds 680,000 1993 Budgeted Capital Appropriations 200,000 TOTAL $ 4,729,060 WHEREAS the Federal Aviation Administration and Michigan Bureau of Aeronautics have approved and funded their portions of this program; and WHEREAS the General Government Committee has reviewed the 1993 Airport Capital Improvement Program; and WHEREAS these capital improvements are required for the safety and improvement of the airports and generate revenues to cover the cost of the operation and maintenance of the airport system; and WHEREAS these capital improvements will be under construction during 1993. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the above referenced 1993 Airport Capital Improvement Program. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #93108) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: CENTRAL SERVICES - OAKLAND/PONTIAC AIRPORT - 1993 AIRPORT CAPITAL IMPROVEMENT PROGRAM 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 #93108 and finds: 1) Applications have been made to the Federal Aviation Administration for funding of $3,849,060 for land acquisition and development and improvements at the Oakland/Pontiac Airport. 2) The 1993 Adopted Budget includes funding of $200,000 in the 1993 Capital Improvement Program - Building Section (Fund #40100) for 1993 Airport Improvements. 3) The Finance Committee approves the transfer of $200,000 from the 1993 Oakland County Capital Improvement Program - Building Section (Fund #40100) to the Aviation and Transportation Division (Fund #58110) for the 1993 Airport Capital Improvement Program. FINANCE COMMITTEE Moved by Jensen supported by Huntoon the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the Report was accepted. Moved by Jensen supported by Huntoon the Resolution be adopted. Commissioners minutes continued. June 24, 1993 238 AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. REPORT (Misc. #93109) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES-OAKLAND/PONTIAC AIRPORT GRANT PROGRAM ACCEPTANCE 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. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #93109 BY: General Government Committee - Donald Jensen, Chairperson IN RE: CENTRAL SERVICES - OAKLAND/PONTIAC AIRPORT - GRANT PROGRAM ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of a Michigan Department of Transportation Grant Contract, Project No. B-26-0079-0193, for federal funds in the amount of $2,232,720, and state funds in the amount of $124,040, for the development and improvement of Oakland/Pontiac Airport; and WHEREAS the development project consists of taxiway rehabilitation, construction and extension; installation of taxiway lighting and signage; airfield drainage; security fencing and gates; and WHEREAS the Michigan Department of Transportation has received a block grant from the Federal Aviation Administration for airport development projects and shall act as agent on behalf of the County in the administration of this project; and WHEREAS the County's match is considered to be in-kind in the form of reimbursement for previously purchased land and no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the grant subject to ratification by the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the grant; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant in an amount not to exceed $2,356,760. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract and to approve grant modification up to fifteen (15) percent which is consistent with the original grant contract. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc.#93109) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: CENTRAL SERVICES - OAKLAND/PONTIAC AIRPORT - GRANT PROGRAM ACCEPTANCE, 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 #93109 and finds: 1) Oakland County has applied for and been awarded a Michigan Department of Transportation Grant Contract for Federal Aviation Commissioners minutes continued. June 24, 1993 239 Administration funds of $2,232,720 and State funds of $124,040 ($2,356,760 in total) for the development and improvement of the Oakland/Pontiac Airport. 2) The development project consists of taxiway rehabilitation, construction and extension; installation of taxiway lighting and signage; airfield drainage; and security fencing and gates. 3) The County's match of $124,040 is considered to be in-kind in the form of reimbursement for previously purchased land and no additional County funds are required. 4) The Airport Committee has reviewed and approved the grant subject to ratification by the Oakland County Board of Commissioners. FINANCE COMMITTEE Moved by Jensen supported by Kazmar the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the Report be accepted. Moved by Jensen supported by Kazmar the Resolution be adopted. AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling. (23) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. REPORT (Misc.#93077) BY: General Government Committee-Donald W. Jensen, Chairperson RE: (SUPPORT) HURON CLINTON METROPOLITAN AUTHORITY ASSUMPTION OF PONTIAC LAKE RECREATION AREA 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. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE 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. Commissioners minutes continued. June 24, 1993 240 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 Moved by Jensen supported by Garfield the General Government Committee Report be accepted. A sufficient majority having voted therefor, the Report be accepted. Moved by Jensen supported by Garfield the Resolution be accepted. AYES: Jensen, Johnson, Kaczmar, McCulloch, McPherson, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (21) NAYS: Kingzett, Miltner. (2) A sufficient majority having voted therefor, the Resolution was adopted. MISCELLANEOUS RESOLUTION #93110 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: APPOINTMENT OF DEPUTY DRAIN COMMISSIONER (JAMES E. PORTER) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to the provisions of Act 40 of the Public Acts of 1956, as amended, the Oakland County Drain Commissioner may appoint one or more Deputy Drain Commissioners and such appointments may be approved by the County Board of Commissioners; and WHEREAS, George W. Kuhn, Oakland County Drain Commissioner, has appointed James E. Porter as a Deputy Drain Commissioner; and WHEREAS, George W. Kuhn, Oakland County Drain commissioner, has requested the approval of James E. Porter as a Deputy Drain Commissioner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of James E. Porter as a Deputy Drain Commissioner. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Price the Resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the Resolution was adopted. Commissioners minutes continued. June 24, 1993 241 MISCELLANEOUS RESOLUTION #93111 BY: Dennis M. Aaron, County Commissioner, District 23 IN RE: SUPPORT FOR ADEQUATE AND STABLE STATE SUPPORT FOR PUBLIC LIBRARIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the 1992 Annual Conference of the Michigan Library Association adopted the Michigan Library Association Task Force Report on Sources of Alternative Funding for public libraries in the State of Michigan; and WHEREAS, the Michigan Library Association Funding Task Force has scheduled various meetings with legislators to discuss public library funding needs and has planned a legislative day on October 19, 1993. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the efforts of the Michigan Library Association in seeking adequate and stable funding for Michigan's public libraries. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners further supports the recommendations of the Final Report of the Michigan Library Association Task Force as a guideline and strategy towards achievement of this goal. Chairperson, I move the adoption of the foregoing resolution. Dennis M. Aaron, Commissioner, District #23 The Chairperson referred the Resolution to General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #93112 BY: Dennis Aaron, District No. 23, Hubert Price, Jr., District No. 6 IN RE: REPORT ON FUNDING FOR COMMUNITY CORRECTION ACTIVITIES IN OAKLAND COUNTY To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS, it would appear that funding for various agencies in Oakland County, such as RAP House, The Alternative Center and Community Services of the Oakland County Probation Department will be reduced by the State of Michigan in the next funding cycle; and WHEREAS, these reductions may be a result of the failure of Oakland County to have an approved Community Correction Plan. NOW THEREFORE BE IT RESOLVED that the Public Services Committee review the status of the Community Correction Plan for the County of Oakland and the possible reduction of funding for various activities relative thereto and report its findings and recommendations to the full Board of Commissioners. Chairperson, we recommend adoption of the foregoing resolution. Dennis Aaron, Hubert Price, Jr. The Chairperson referred the Resolution to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #93113 BY: Commissioners Lawrence A. Obrecht, District #3; Sue Ann Douglas, District #8; David L. Moffitt, District #18 IN RE: BUILDING AUTHORITY - AMENDMENT TO ARTICLES OF INCORPORATION - ARTICLE VII 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; by certain Articles of Incorporation for the Oakland County Building Authority, said Articles of Incorporation being adopted pursuant to and in accordance with Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, and each of the same have been published and filed with the County Clerk and the Secretary of the State of Michigan, as provided in P.A. 31 of 1948, as amended, which Articles were amended by the Board of Commissioners by MR 87222 adopted October 8, 1987, and MR 91259 adopted November 21, 1991; and Commissioners minutes continued. June 24, 1993 242 WHEREAS the Oakland County Board of Commissioners, in MR 93048, adopted April 29, 1993, authorized the requirement that final plans and specifications for new construction projects and those altering existing structures, including those projects referred to the Building Authority, be approved by the Planning and Building Committee prior to issuance of Requests for Proposals, and that any subsequent major revisions to said plans and specifications also be approved by the Planning and Building Committee, and that the intent of this requirement be included in the form of an amendment to the Articles of Incorporation of the Building Authority. NOW THEREFORE BE IT RESOLVED that Article VII of the Articles of Incorporation of the Oakland County Building Authority is amended in accordance with Section 10 of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, to provide as follows: For the purpose of accomplishing the objects of its incorporation, the Authority may acquire property by purchase, construction, lease, gift, devise or condemnation, and for the purpose of condemnation it may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as now or hereafter amended, or any other appropriate statute. Any and all construction and alteration projects, beyond what would normally fall in the category of maintenance, shall be implemented in substantial accordance with such plans and specifications as approved by the Board of Commissioners Planning and Building Committee. Any major changes in such plans and specifications shall require the written approval of both the Planning and Building Committee and the Building Authority. BE IT FURTHER RESOLVED that the attached Amendment to the Articles of Incorporation of the Oakland County Building Authority is hereby approved and adopted and the Chairperson of the Oakland County Board of Commissioners and the County Clerk are hereby authorized and directed to execute said Amendment to the Articles of Incorporation for, and on behalf of the County, and to retain one copy of the same in the office of the County Clerk for the County of Oakland and one copy with the Secretary of the Oakland County Building Authority, to which should be attached certified copies of this resolution. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to cause a copy of the Amendment to the Articles of Incorporation to be published once in the Oakland Press and Daily Tribune, being newspapers circulating within the County of Oakland, said publication to be accompanied by a statement that the right exists to question the Amendment to the Articles of Incorporation, as provided in Section 6 of Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, said notice to be in substantially the form attached to this resolution. BE IT FURTHER RESOLVED that the County Clerk shall, in accordance with Section 6 of Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, file one printed copy of the amendment to the Articles of Incorporation in his office and one printed copy with the Secretary of State and one printed copy with the Secretary of the Oakland County Building Authority, each of said printed copies to have attached thereto a certificate of the County Clerk setting forth that the Amendment to the Articles of Incorporation is a true and complete copy on file in his office and which certificate shall also set forth the date and place of publication thereof. BE IT FURTHER RESOLVED that all resolutions and parts of resolutions insofar as they conflict with the provisions to this resolution are hereby rescinded. We move the adoption of the foregoing resolution. Lawrence A. Obrecht, Sue Ann Douglas, David L. Moffitt ATTACHMENT I Commissioners minutes continued. June 24, 1993 243 NOTICE OF ADOPTIONS OF AMENDMENT TO ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY TO: ALL OF THE RESIDENTS AND TAXPAYERS OF THE COUNTY OF OAKLAND NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Oakland has adopted the following Amendment to the Articles of Incorporation of the Oakland County Building Authority pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"). NOTICE IS FURTHER GIVEN THAT, PURSUANT TO THE PROVISIONS OF SECTION 6 OF ACT 31, THERE EXISTS THE RIGHT TO QUESTION THE AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY IN A COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS AFTER THE FILING OF CERTIFIED COPIES OF THE ARTICLES OF INCORPORATION WITH THE SECRETARY OF STATE AND IN THE OFFICE OF THE OAKLAND COUNTY CLERK AND THAT THE VALIDITY OF THE AMENDMENT SHALL BE CONCLUSIVELY PRESUMED UNLESS QUESTIONED IN A COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS AFTER SUCH CERTIFIED COPIES HAVE BEEN SO FILED. AMENDMENT TO ARTICLES OF INCORPORATION OF OAKLAND COUNTY BUILDING AUTHORITY This Amendment to the Articles of Incorporation of the Oakland County Building Authority (the "Articles of Incorporation") is adopted by the Board of Commissioners of the County of Oakland, Michigan, being the legislative body of the County for the purpose of amending the Articles of Incorporation of the Authority under provisions of Act No. 31, Public Acts of Michigan, 1948, (First Extra Session), as amended ("Act 31"). Article VII of the Articles of Incorporation is amended to read as follows: For the purpose of accomplishing the objects of its incorporation, the Authority may acquire property by purchase, construction, lease, gift, devise or condemnation, and for the purpose of condemnation it may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as now or hereafter amended, or any other appropriate statute. Any and all construction and alteration projects, beyond what would normally fall in the category of maintenance, shall be implemented in substantial accordance with such plans and specifications as approved by the Board of Commissioners Planning and Building Committee. Any major changes in such plans and specifications shall require the written approval of both the Planning and Building Committee and the Building Authority. The foregoing Amendment to the Articles of Incorporation of the Oakland County Building Authority was adopted by the Board of Commissioners of the County of Oakland, Michigan, at a meeting duly held on the day of , 1993. This Amendment to Articles of Incorporation, upon its adoption by the Board of Commissioners of said County of Oakland, shall be executed in duplicate for and on behalf of said County, by the Chairperson of said Board of Commissioners and the County Clerk of said County. Said duplicate executed copies shall be delivered to the County Clerk of said County, who shall file one of said executed copies in this office and the other with the Secretary of the Authority. The said County Clerk shall cause a copy of this Amendment to Articles of Incorporation to be published once in the Oakland Press and Daily Tribune, newspapers circulating within the County of Oakland. He shall file one printed copy of this Amendment to Articles of Incorporation with the Secretary of State of the State of Michigan and one printed copy thereof in his office, attached to each of which printed copies shall be his certificate Commissioners minutes continued. June 24, 1993 244 setting forth that the same is a true and complete copy of the Amendment to Articles of Incorporation on file in his office, and also the date and place of the publication thereof. This Amendment to Articles of Incorporation shall become immediately effective. IN WITNESS WHEREOF, the Incorporation Unit, the County of Oakland, has adopted and authorized to be executed this Amendment to the Articles of Incorporation on behalf of said County, a public corporation of the State of Michigan, by the Chairperson and Clerk of the County of Oakland. COUNTY OF OAKLAND By: Larry P. Crake, Chairperson By: Lynn D. Allen, Clerk The Chairperson referred the Resolution to the Planning & Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #93114 BY: Kevin Miltner, Commissioner, District 5 IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH -AMEND MENTAL HEALTH CODE IN REGARD TO EMPLOYMENT OF THE DIRECTOR OF MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Mental Health Code empowers the Board of Commissioners to establish county procedures and regulations governing the conduct of County Community Mental Health programs, and WHEREAS Public Act 139 of 1973 grants the Board of Commissioners the authority to consolidate departments completely or in part or to transfer a function from one department to another, and WHEREAS the Board of Commissioners, on MR 6931 dated May 1974, created a Community Mental Health/County Executive administrative reporting structure through the Department of Institutional and Human Services, and WHEREAS the effectiveness of this administrative structure can be greatly enhanced by the transfer of the authority to employ the director of Community Mental Health from the Community Mental Health Board to the Executive's Department of Institutional and Human Services in accordance with procedures, terms and conditions established by the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports legislation to amend section 230 of the Mental Health Code, which would allow the Board of Commissioners to establish the procedures, terms and conditions for employment of the director of community mental health in counties which have an elected county executive pursuant to Act 139 of Public Acts of 1973. 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. Kevin Miltner The Chairperson referred the Resolution to the General Government Committee and the Personnel Committee. There were no objections. RULE XXII REFERRALS GENERAL GOVERNMENT a. Mecosta County Bd. of Comm.-Establishment of Local Telephone Calling Areas PLANNING & BUILDING a. Michigan Dept. of Transportation-Excess Property Commissioners minutes continued. June 24, 1993 245 b. Letter from Donna Bevington Regarding Courthouse Parking The next meeting of the Board will be July 15, 1993 at 9:30 A.M. The Board adjourned at 10:17 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson