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Home My WebLink AboutMinutes - 1993.08.26 - 8154 285 August 26, 1993 Meeting called to order by Chairperson Larry Crake at 10:04 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll Called. PRESENT: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23) ABSENT: Aaron, Oaks. (2) (with notice) Quorum present. Invocation given by Commissioner Donna Huntoon. Pledge of Allegiance to the Flag. Moved by Schmid supported by Pernick the minutes of the August 5, 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 PERSONNEL COMMITTEE: a. Temporary Procedure for Vacant Positions. (Waiver of Rule XI F- Direct referral to Finance) b. Retirement Incentive Program. (Waiver of Rule XI F-Direct referral to Finance) PUBLIC SERVICES: a. Employment & Training Div. Budget - 1993. (Waiver of Rule XI F- Direct referral to Finance) b. Children's Village - Waterford School Contract. (Waiver of Rule XI F-Direct referral to Finance) c. Children's Village - Support of Court Placed Student Revenue Funding. (Wavier of Rule X B-General Government Legislative Liaison) ITEMS NOT ON PRINTED AGENDA FINANCE COMMITTEE: c. 52/1 District Court - Outside Legal Counsel. (Waiver of Rule XXVII Resolution not prepared at time of mailing) AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Commissioners Minutes Continued. August 26, 1993 286 Clerk read a letter from Oakland County employees, Charlyne Johnson and Rhonda L. Taber regarding Proposed Merit Rule Change Section 21 - Family Leave. (Referred to Personnel Committee) Paul Funk, Director of Computer Services addressed the board. MISCELLANEOUS RESOLUTION #93155 BY: Finance Committee, John P. McCulloch,Chairperson IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR 1993 REROOFING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, by Miscellaneous Resolution #93044 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for the reroofing of several County facilities; and WHEREAS, in accordance with bidding procedures, bids for the above mentioned project were received and opened on July 29, 1993; and WHEREAS, the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, J.K.M. Enterprises of Detroit, Michigan, be awarded a contract in the amount of $116,914; and WHEREAS, the total project cost is estimated to be $134,000; and WHEREAS, funding of $134,000 is available in the 1993 Capital Improvement Program - Building Section for this project. NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorizes the transfer of $134,000 from the 1993 Capital Improvement Program - Building Fund #40100 to the Project Work Order Fund #40400 to establish the 1993 Reroofing Program. 2) The contract proposal of J.K.M. Enterprises of Detroit, Michigan in the amount of $116,914 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $17,086 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with J.K.M. Enterprises of Detroit, Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #93155) BY: Planning and Building Committee, Charles Palmer, Chairperson TO: Finance Committee, John McCulloch, Chairperson IN RE: PUBLIC WORKS/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT FOR 1993 REROOFING PROGRAM Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bids for the above referenced project on August 9, 1993, reports with the recommendation that the contract be awarded to JKM Enterprises, Inc., in the amount of $116,914.00, for a total project cost of $134,000.00. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. August 26, 1993 287 Moved by McCulloch supported by Moffitt the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Moffitt the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93156 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF MANAGEMENT & BUDGET/ESTABLISH POLICY FOR APPROPRIATIONS CARRIED FORWARD AND ENCUMBRANCES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted a FISCAL POLICY MANUAL (Misc. Resolution #90095, May 24, 1990) which specifies in Section III.C.(7) that ....encumbrances and carried forwards require Board of Commissioners' approval to be included in the subsequent year's budget....; and WHEREAS a clear policy statement does not presently exist for determining which unexpended appropriations should lapse at year-end and which should be carried forward into the ensuing budget; and WHEREAS it would be in the best interests of Oakland County to revise the policy for Appropriations Carried Forward and Encumbrances to be included in the revised FISCAL POLICY MANUAL and as an integral part of the annual General Appropriations Act. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners revises Section III.C.(7) of the FISCAL POLICY MANUAL by deleting the first paragraph and substituting the following language: All appropriations are annual as authorized by the General Appropriations Act and the unexpended portion shall lapse at year end. Encumbrances and Appropriations Carried Forward, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded to reserve that portion of the applicable appropriation, are employed as an extension of formal budgetary policy in the General, Special Revenue, Proprietary, and Capital Project Funds. Encumbrances and Appropriations Carried Forward shall be recorded as a reservation of fund balance since they do not constitute expenditures or liabilities. All requests for amounts to be carried forward must be completely documented with a well defined program and a specific timetable for implementation of that program.Encumbrances and Appropriations Carried Forward shall be disclosed in the year-end closing resolution and require approval of the Board of Commissioners to be reappropriated in the ensuing year's budget. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for purposes of determining their continuation for the remainder of the year. BE IT FURTHER RESOLVED that Section 24 of the General Appropriations Act be amended by deleting the second sentence and substituting the following language: Encumbrances and Appropriations Carried Forward will be recorded as a reservation of fund balance and the subsequent year's budget Commissioners Minutes Continued. August 26, 1993 288 amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for purposes of determining their continuation for the remainder of the year. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Kingzett the resolution be adopted. AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey. (23) NAYS: None. (0) A sufficient Majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93157 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: 52/1 DISTRICT COURT - OUTSIDE LEGAL COUNSEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, on MR 93061, awarded a contract to R. E. Dryden and Associates to build and lease a new facility for the 52/1 District Court in the city of Novi; and WHEREAS such action has been challenged in court by the city of Walled Lake, the community in which the present 52/1 District Court facility is located; and WHEREAS the County's Corporation Counsel and the Board's contracted counsel both have conflicts of interest in this matter and the Board of Commissioners wishes to be represented by outside counsel with particular expertise in governmental affairs; and WHEREAS the Board wishes to retain Robert B. Webster of the firm of Hill Lewis. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby retain Robert B. Webster of the firm of Hill Lewis to represent them in regard to Oakland County Circuit Court Case #93-454433-CZ, City of Walled Lake vs. the Board of Commissioners of the County of Oakland and the County of Oakland, at a rate of $150.00 per hour for Mr. Webster and $80.00 to $100.00 per hour for any necessary assistance from associates in the firm. On behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Schmid the resolution be adopted. Moved by Jensen supported by Schmid the resolution be amended by adding the following paragraph: "BE IT FURTHER RESOLVED that a retainer agreement be executed by the parties and that an amount, not to exceed $15,000, be approved, and that any services in excess of that amount are subject to prior approval of the Finance Committee and the Board of Commissioners." Also the retainer agreement be signed prior to awarding the contract. A sufficient majority having voted therefor, the amendment carried. Moved by Gosling supported by Jensen the 1st paragraph be amended by changing the word "awarded" to "approved". Commissioners Minutes Continued. August 26, 1993 289 A sufficient majority having voted therefor, the amendment carried. Discussion followed. Vote on resolution as amended: AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake. (16) NAYS: Kaczmar, Kingzett, Miltner, Pernick, Dingeldey, Douglas. (6) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93158 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 F.A.I.R. PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Community Mental Health Board applied to the Michigan Department of Mental Health (MDMH) for $19,000 in grant funds to provide one-time funding for a leased van and part- time driver for the F.A.I.R. consumer run drop-in center; and WHEREAS the MDMH awarded the Community Mental Health Board $10,307 in grant funds for this purpose, $8,693 less than the application amount; and WHEREAS the Community Mental Health Board approved acceptance of the grant and has further approved supplementing the grant with $8,693 in programs funds, obtained due to the full management contract; and WHEREAS the supplemental funds are in the 1993 Community Mental Health budget, no additional appropriation is required; and WHEREAS this is a one-time grant program which will not add to or take away from the full management contract base. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1992/1993 F.A.I.R. program grant from the Michigan Department of Mental Health in the amount of $10,307. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (#93158) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH - 1992/1993 F.A.I.R. PROGRAM GRANT 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 # 93158 and finds: 1. The Community Mental Health Board applied to the Michigan Department of Mental Health (MDMH) for $19,000 in grant funds for a leased van and part-time driver for the F.A.I.R. consumer run drop- in center. 2. The MDMH awarded the Community Mental Health Board $10,307 for this task, $8,693 less than the application amount. 3. The Community Mental Health Board has accepted the grant and further approved supplementing the grant with $8,693 in program funds currently budgeted. 4. The following amendment to the 1993 grant revenue and expense budget is recommended to recognize the F.A.I.R. grant from the Michigan Department of Mental Health" Revenue 3-xxxxx-166-91-00-2185 Grant Revenue $10,307 Commissioners Minutes Continued. August 26, 1993 290 Expenses 4-xxxxx-166-91-00-3042 Client Services $10,307 $ 0 ======== FINANCE COMMITTEE Moved by Jensen supported by McPherson the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93159 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 PROGRAM ENHANCEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS at the request of the Michigan Department of Mental Health (MDMH), the Community Mental Health Board applied to MDMH for thirteen (13) specific program enhancements, as detailed on Attachment A, for the 1992/1993 contract year; and WHEREAS the MDMH has awarded the Oakland County Community Mental Health Board full funding for two (2) requests, Geriatric Mental Health Services expansion and a new Shared Parenting Program, and partial funding for two (2) more programs, a new Residential Alternatives Program for persons with developmental disabilities, and expansion of services of the El Centro Program as described in Attachment A; and WHEREAS the Community Mental Health Board has approved of this program expansion; and WHEREAS the annual state allocation for these program enhancements, in the amount of $399,308, will be added to the full management contract base; and WHEREAS funding for the County match is in the 1993 Community Mental Health budget, no additional appropriation is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves of the program enhancement funding offered by the Michigan Department of Mental Health and approved by the Oakland County Community Mental Health Board. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (#93159) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 PROGRAM ENHANCEMENT 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 #93159 and finds: 1. The Oakland County Community Mental Health Board applied to the Michigan Department of Mental Health (MDMH) for thirteen (13) specific program enhancements for the 1992/1993 contract year. 2. Total amount of the expansion request equals $4,203,101, of which $3,074,349 is state funding, $794,775 is other reimbursements and Commissioners Minutes Continued. August 26, 1993 291 $333,977 is County match. 3. MDMH has awarded funding to Oakland County Community Mental Health Board in the annual amount of $460,715, of which $399,308 is state funding, $17,040 is other reimbursements and $44,367 is County match. 4. Anticipated expenditures for the balance of calendar year 1993 equals $152,036, of which $131,772 is state funding, $5,623 is other reimbursement and $14,641 is County match. 5. The annual state allocation of $399,308 will be added to the full management contract base of $82,492,131, rendering a new base of $82,891,439. 6. Funding for the 1993 County match is in the 1993 Community Mental Health budget, no additional appropriation is required. FINANCE COMMITTEE Moved by Jensen supported by Taub the resolution be adopted. Moved by Taub supported by Jensen the resolution be amended by adding a final BE IT FURTHER RESOLVED paragraph to read: "BE IT FURTHER RESOLVED that the future level of County funding for any of these programs is contingent upon the level of State funding provided for these programs." A sufficient majority having voted therefor, the amendment carried. Moved by Jensen supported by Taub the Fiscal Note be amended to coincide with the resolution. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution as amended, was adopted. REPORT (Misc. #93160) By: Personnel Committee, Marilynn Gosling, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 HOMELESS ASSISTANCE GRANT AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on August 12, 1993, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #93160 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 HOMELESS ASSISTANCE GRANT AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #92282, approved December 10, 1992, the Oakland County Board of Commissioners accepted the 1992/1993 Homeless Commissioners Minutes Continued. August 26, 1993 292 Assistance Grant between Oakland County Community Mental Health Board and the Michigan Department of Mental Health (MDMH), in the amount of $164,310; and WHEREAS the MDMH has informed the Community Mental Health Board of a reduction in the 1992/1993 Homeless Assistance Grant in the amount of $54,771, leaving the 1992/1993 grant at $109,539; and WHEREAS the original grant included a $36,297 in-kind County match; this in-kind match is reduced to $33,847 with this amendment; and WHEREAS this reduction requires the elimination to two (2) special revenue funded positions assigned to this grant, one (1) Typist II position (#1660106517) and one (1) Mental Health Clinician position (#1664106516); and WHEREAS acceptance of this grant reduction does not affect Oakland County's full management contract base. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1992/1993 Homeless Assistance Grant amendment, reducing the 1992/1993 grant to $109,539. BE IT FURTHER RESOLVED that one (1) special revenue funded Typist II position (#1660106517) and one (1) special revenue funded Mental Health Clinician position (#1664106516) be eliminated. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (#93160) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH -1992/1993 HOMELESS ASSISTANCE GRANT AMENDMENT 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 #93160 and finds: 1. The Michigan Department of Mental Health has informed the Oakland County Community Mental Health Board that the 1992/1993 Homeless Assistance Grant has been reduced from $164,310 to $109,539, a total reduction of $54,771. 2. To accomplish this reduction, Community Mental Health has offered to eliminate two (2) special revenue funded positions assigned to this grant. 3. The 1993 grant revenue and expense budget be amended, as specified below: Revenue 3-27388-166-01-00-2185 Grant Revenue $(54,771) Expenses 4-27388-166-01-00-1001 Salaries $(42,598) 4-27388-166-01-00-2070 Fringe Benefits (16,963) 4-27388-166-01-00-3042 Client Service 10,039 4-27388-166-01-00-3128 Prof. Services ( 4,049) 4-27388-166-01-00-3574 Personal Mileage ( 1,200) $(54,771) $ 0 ========== FINANCE COMMITTEE Moved by Jensen supported by Kaczmar the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Kaczmar the resolution be adopted. Commissioners Minutes Continued. August 26, 1993 293 AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93161 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: HOUSE BILL 4764 (SUPPORT) IMPOSING COST LIABILITY ON PERSONS CONVICTED OF OPERATING VEHICLES WHILE IMPAIRED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill 4764 mandates that a person convicted of operating motor vehicles, vessels or aircraft while under the influence of liquor or controlled substances shall be liable to the state or a local unit of government for the expense of an emergency response to the incident; and WHEREAS this expense liability would be in addition to any penal sanction; and WHEREAS "expense of an emergency response" is defined in the bill as reasonable costs incurred by the state or local unit of government in making an appropriate response to the incident, including costs of providing police, fire fighting, rescue and emergency medical services at the scene of the incident, as well as the salaries of personnel responding to the incident; and WHEREAS the amount for which a person is liable shall constitute a debt of the person to the state or local unit of government in an amount not to exceed $1,000 per incident. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports HB 4764. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County and to the County's Legislative Agent and State Government Liaison, the Michigan Association of Counties and the other counties in this State. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Douglas the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (23) NAYS: (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93162 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: SENATE BILLS 634 AND 635 (SUPPORT) PROVIDE SOME IMMUNITY TO COUNTIES IN LIABILITY FOR ACCIDENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Senate Bill 634 provides certain tort immunity to counties in amending Act 319 of 1975 by stating that a Board of County Road Commissioners has no duty to maintain a highway in a condition reasonably safe and convenient for the operation of off-road vehicles (ORV); and WHEREAS SB 634 further provides that Road Commissions are immune from tort liability for injuries or damages sustained by persons operating or using an ORV on highway, shoulders and rights-of-ways; and WHEREAS SB 635 amends Act 74 of 1968 by including the same language as that provided in SB 634 but specifying the immunity from tort liability would Commissioners Minutes Continued. August 26, 1993 294 apply to snowmobiles rather than ORVs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners takes a position supporting SB 634 and SB 635. BE IT FURTHER RESOLVED that copies of this resolution be sent to all Legislators representing Oakland County, the Oakland County Road Commission, Michigan Association of Counties, the County's Legislative Agent and State Government liaison and the other counties in this State. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Price the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93163 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: HOUSE BILL 4738 (SUPPORT) REQUIRING PERSONAL FLOTATION DEVICES FOR CHILDREN UNDER 7 AND FOR WATER SKIERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill 4738 mandates that each person on board a boat in Michigan waters who is less than 7 year of age be wearing a flotation device as described in the Michigan Administrative Code as Type I, Type II or Type III; and WHEREAS the bill also mandates that a person being towed also be wearing a Type I, Type II or Type III flotation device. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports HB 4738 as introduced but would be even more supportive if the age limit were amended upward to age 10. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County, to the County's Legislative Agent and to the State Government Liaison, the Michigan Association of Counties and the other counties in this State. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Garfield the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #93139) BY: Personnel Committee, Marilynn E. Gosling, Chairperson RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL CARE FACILITY - CREATION OF PTNE PHARMACIST POSITION & DELETION OF PHARMACIST CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. August 26, 1993 295 The Personnel Committee, having reviewed the above-referenced resolution on July 28, 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 MISCELLANEOUS RESOLUTION #93139 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL CARE FACILITY - CREATION OF PTNE PHARMACIST POSITION & DELETION OF PHARMACIST CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Manager-Medical Care Facility is requesting that the two contracts for registered pharmacists be terminated and a part-time non-eligible Pharmacist position at 1,000 hours be created in the Pharmacy Unit; and WHEREAS all professional services contracts are being reviewed to ensure that the contracts meet the criteria for independent contractor status as recognized by the Internal Revenue Service; and WHEREAS when independent contractors are determined to be employees by the IRS, the employer is responsible for taxes as well as other liabilities and benefits that would have been accrued by an employee; and WHEREAS the administration wants to eliminate any concern that the independent contractors may potentially be found to be employees. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners delete the current contracts for registered pharmacists at the Medical Care Facility. BE IT FURTHER RESOLVED that the Board of Commissioners create a part-time non-eligible Pharmacist position at 1,000 hours in the Pharmacy Unit (16370) of the Medical Care Facility. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (#93139) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL CARE FACILITY - CREATION OF PTNE PHARMACIST POSITION & DELETION OF PHARMACIST CONTRACTS 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 #93139 and finds: 1. In order to eliminate concerns regarding independent contractors potentially being found to be employees by the IRS, the Personnel Department recommends that one (1) part-time non-eligible (PTNE) 1,000 hour Pharmacist position be created in the Medical Care Facility and that two (2) pharmacist professional services contract be eliminated. 2. Although resources must be transferred from the professional services operating line item to salary and fringe benefits, there is no overall cost or savings to this recommendation, as detailed on the attached schedule. 3. The following amendment to the 1993 Medical Care Facility budget is recommended: 4-52100-163-70-00-3128 Professional Svs. $(5,125) 4-52100-163-70-00-1001 Salaries 4,607 4-52100-163-70-00-2070 Fringe Benefits 518 $ 0 ======== FINANCE COMMITTEE Commissioners Minutes Continued. August 26, 1993 296 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: Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #93164) BY: Finance Committee - John P. McCulloch, Chairperson RE: PERSONNEL DEPARTMENT - TEMPORARY PROCEDURE FOR VACANT POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance 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 and the first BE IT FURTHER RESOLVED paragraph, after "Personnel Committee", add "and Finance Committee." Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #93164 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - TEMPORARY PROCEDURE FOR VACANT POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the current budget projections which anticipate a major shortfall in funds for the 1993 and 1994 County Budgets necessitate that anticipatory corrective action be undertaken to alleviate the impact of the forecast reduction in revenue, and WHEREAS, cost containment through reduction of payroll expenditures offers an immediate saving as well as a future savings and cost avoidance, and WHEREAS, in anticipation of an in-depth review of all County positions during the 1994 Budget Hearings, all positions which are vacant or which become vacant, shall not be filled without review and recommendation of the Personnel Committee. NOW THEREFORE BE IT RESOLVED that from the date of the adoption of this resolution, no vacancy in any position shall be filled, including by transfer or promotion, without the prior approval of the Board of Commissioners' Personnel Committee. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners with the concurrence of Chairperson of the Personnel Committee be authorized to approve filling of vacancies under emergency circumstances and report such approvals to the Personnel Committee at its next meeting for final approval. BE IT FURTHER RESOLVED that the Personnel Department immediately inform all Departments and Divisions of this temporary policy. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Moved by Gosling supported by Pernick the Finance Committee Report be accepted. Commissioners Minutes Continued. August 26, 1993 297 A sufficient majority having voted therefor, the Report was accepted. Moved by Gosling supported by Jensen the resolution be adopted. Moved by Gosling supported by Pernick the resolution be amended to agree with the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kingzett, Law. (18) NAYS: McPherson, Pernick, Price, Huntoon, Kaczmar. (5) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #93165) BY: Finance Committee - John P. McCulloch, Chairperson RE: DEPARTMENT OF PERSONNEL/RETIREMENT INCENTIVE PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments: •The third BE IT FURTHER RESOLVED paragraph to read, "that all employees after January 1, 1994 contribute three percent (3.0%) pre-tax of their salary as defined in Section Three of the Rules and Regulations of the Retirement System, excluding overtime." •Delete the fourth and sixth BE IT FURTHER RESOLVED paragraphs. •In the fifth BE IT FURTHER RESOLVED paragraph, change the date to January 1, 1994. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #93165 BY: Personnel Committee - Marilynn E. Gosling IN RE: DEPARTMENT OF PERSONNEL/RETIREMENT INCENTIVE PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Department of Management and Budget has projected a significant budget shortfall for 1994; and WHEREAS, one means of addressing the projected budget shortfall while, simultaneously, creating many opportunities for reorganization and position deletions is to provide a strong incentive for long-time County employees to retire; and WHEREAS, an actuarial assessment has been performed by Gabriel, Roeder, Smith & Company of the potential for savings by offering an "Incentive Window" to currently eligible employees and an "Early Out Window" to certain employees not yet eligible for retirement; and WHEREAS, the findings of the actuary are summarized in the attached Fiscal Note which reflects an estimated annual savings of $3.2 million; and WHEREAS, the stated savings is predicated on cost reductions of twenty- five percent (25%) of those positions being vacated through retirement; and WHEREAS, the proposed Retirement Incentive Program has been reviewed and recommended by the County Executive. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the RETIREMENT INCENTIVE PROGRAM, to be offered to non-represented Retirement System members, who will be eligible Commissioners Minutes Continued. August 26, 1993 298 to retire by December 31, 1993 or whose age and service including military service credits and Michigan Reciprocal Retirement Act service time will total seventy (70) by that date, with a minimum service of eight years. BE IT FURTHER RESOLVED that the RETIREMENT INCENTIVE PROGRAM be offered during a ninety-one (91) day window of opportunity beginning October 1, 1993 and ending December 30, 1993, with the Retirement Factor of 2.2 to apply only to retirements that take place during that period and only to Benefit Plan A employees, with Benefit Plan B employees also being eligible but with a factor of 1.8. BE IT FURTHER RESOLVED that employees desiring to participate in the RETIREMENT INCENTIVE PROGRAM must file a written application with the Retirement Commission on the appropriate form no later than November 30, 1993 in accordance with Section 37 of the Rules and Regulations of the Retirement System; BE IT FURTHER RESOLVED that all employees newly hired or rehired after October 1, 1993 contribute three percent (3.0%) pre-tax of their salary as defined in Section Three of the Rules and Regulations of the Retirement System, excluding overtime, and that all current Benefit Plan A employees begin contributing one-half (50.0%) of any future general salary increases until their contribution level reaches three percent (3.0%) of their salary as defined above; BE IT FURTHER RESOLVED that for employees not eligible for or not electing the "Incentive Window" or "Early Out Window" in 1993, the retirement factor be increased from 2.0 to 2.2 effective January 1, 1996 if employee contributions have reached three percent of salary by that date, and if contributions have not reached that level then the benefit factor shall be increased from 2.0 toward 2.2 in the same proportion that the contribution level is of three percent (e.g., if contribution level has reached 1.5% on January 1, 1996 then the factor shall be increased to 2.1%) and that the employee continue to contribute one-half of future increases and the factor continue to increase proportionately until such time as the contribution level reaches three percent of salary and the benefit factor reaches 2.2; BE IT FURTHER RESOLVED that all retirements becoming effective on or after January 1, 1996 shall not include overtime in the computation of Final Average Compensation; BE IT FURTHER RESOLVED that employees retiring after December 30, 1993 be required to contribute eight dollars ($8.00) per month toward their health care coverage and that future contribution levels shall be directly indexed to the general salary increase for non-represented employees; BE IT FURTHER RESOLVED that the Oakland County Retirement System Plan be revised to reflect these changes; BE IT FURTHER RESOLVED that the Personnel Department be authorized to offer these changes as a package to all represented groups excluding the employees represented by the Oakland County Deputy Sheriff's Association and Oakland County Command Officer's Association whose contracts already provide a means of early retirement; BE IT FURTHER RESOLVED that in order to achieve the projected savings referenced above the twenty-five percent (25.0%) reduction in the cost of vacated positions shall be adhered to prior to the filling of any vacancies or approval of any reorganizations. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (#93165) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF PERSONNEL/RETIREMENT INCENTIVE 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 #93165 and finds: 1. The resolution authorizes a Retirement Incentive Program with the purpose of creating opportunities for reorganization and position Commissioners Minutes Continued. August 26, 1993 299 deletions resulting in a positive impact on the projected budget shortfall. 2. Based on the 1992 actuarial data of 2,965 General Retirement System Employees of which 492 would be eligible for the Retirement Incentive Program, the following schedule depicts an estimated savings of $3,167,995 should 50% of those eligible avail themselves of the program and 25% of the costs of those leaving are not replaced. Also, based on current costs of $120,106,871 (Salaries, $96,533,412; Retirement Contribution, $13,138,197; Retirees' Hospitalization, $10,435,262) and the fact that the proposal provides for phase in of a 3% employee retirement contribution, a comparison is provided that reflects the two extremes of replacing all or none of those who retire. Replacement PCT 100% 75% 0% Reductions 0 61 246 Replacements 246 185 0 Salary $96,533,412 $93,992,355 $86,369,184 Retirement Contribution 13,143,024 12,874,791 12,070,093 Retirees' Hospital'n 10,792,435 10,706,994 10,450,671 SUBTOTAL $120,468,871 $117,574,140 $108,889,948 Current Costs 120,106,871 120,106,871 120,106,871 Salary/Contrb. Savings $(362,000) $2,532,731 $11,216,923 Fringe Benefits (90,500) 635,264 2,541,057 TOTAL $(452,500) $3,167,995 $13,757,980 3. The Program further provides that all retirements becoming effective on or after January 1, 1996 shall not include overtime in the computation of Final Average Compensation and that employees retiring after December 30, 1993 be required to contribute eight ($8.00) per month toward their health care coverage with future contribution levels directly indexed to the general salary increase accorded non-represented employees. 4. The estimated savings will be reflected in the County Executive's 1994-1995 Biennial Budget Recommendation. FINANCE COMMITTEE Moved by Gosling supported by McCulloch the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Wolf the resolution be amended in the first NOW THEREFORE BE IT RESOLVED paragraph by changing the service time total from 70 to 69. Also, delete the 3rd, 4th, 5th, and 6th BE IT FURTHER RESOLVED paragraphs. A sufficient majority having voted therefor, the amendment carried. Moved by Kingzett supported by Pernick the resolution be amended by adding an additional paragraph to read: "BE IT FURTHER RESOLVED that elected officials be exempted from the early retirement program." The Chairperson stated a "yes" vote supports the amendment and a "no" vote opposes it. The vote was as follows: AYES: McPherson, Pernick, Price, Kaczmar, Kingzett. (5) Commissioners Minutes Continued. August 26, 1993 300 NAYS: Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Law, McCulloch. (18) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution as amended: AYES: Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (21) NAYS: Pernick, McPherson. (2) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93141 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: DEPARTMENT OF PERSONNEL - INCREASE IN SALARY RATE FOR CLINICAL HEALTH SPECIALIST CLASSIFICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Clinical Health Specialists, under the medical supervision from a consulting physician, screen the medical complaints of inmates in the custody of the Sheriff's Department by conducting physical examinations; and WHEREAS the Human Resources Division of the Personnel Department has tried special recruiting efforts but has not received any applications for the vacant Clinical Health Specialist position which opened May 24; and WHEREAS in order to be competitive with rates paid by other agencies and in an attempt to fill the vacant Clinical Health Specialist position located in the Jail Health Clinic, the Manager-Health Division has requested an increase in the salary rate for the classification of Clinical Health Specialist. NOW THEREFORE BE IT RESOLVED that in an effort to recruit a Clinical Health Specialist, the Oakland County Board of Commissioners approves a new salary rate for that classification as follows: Base 1 Year 2 Year 47,236 49,845 52,455 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (#93141) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF PERSONNEL - INCREASE IN SALARY RATE FOR CLINICAL HEALTH SPECIALIST CLASSIFICATION 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 #93141 and finds: 1) The Personnel Committee has approved the attached increase in salary rate for the Clinical Health Specialist classification; 2) Annual Government funded salary costs to increase the rate paid to one position in Health Division's Cancer Detection Unit and one position in the Jail Health Clinic is $4,996 and fringe benefit costs of $2,252. Remainder of the year salary costs for the period of August 30,1993 to December 31, 1993 is $1,723 and fringe benefit costs for the same period is $777 (Attachment B); 3) Annual Special Revenue funded salary costs to increase the rate paid to one vacant position in the Health Division's Family Planning Unit is $2,374 and fringe benefit costs of $1,071. Remainder of the year salary costs for the period of August 30,1993 to December 31,1993 is $819 and fringe benefit costs for the same period is $369 (Attachment B); Commissioners Minutes Continued. August 26, 1993 301 4) Funding to cover the additional cost of this proposal exists within the Health Division's current budget. FINANCE COMMITTEE Moved by Gosling supported by Jensen the resolution be adopted. AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93166 BY: Planning & Building Committee - Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZATION TO RECEIVE BIDS/SERVICE CENTER SURVEY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, a number of parking alternatives have been presented to the Planning & Building Committee regarding expanded parking south of the Courthouse; and WHEREAS, parking alternatives include relocation of roads, expansion of existing lots, and parking decks; and WHEREAS, a topographic survey is a basic need for the engineering of any of the projects; and WHEREAS, the preliminary cost estimate for providing such a survey is $25,000; and WHEREAS, funding for this project is available in the Miscellaneous Remodeling line item of the 1993 Capital Improvement Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Department of Public Works to solicit quotations through the Purchasing Division for such survey work and to report to the Planning & Building Committee upon receipt and tabulation of such quotations. 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 Huntoon the resolution be adopted. AYES: Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93143 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - KING DRAIN BONDS - FULL FAITH AND CREDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the King Drain, by resolution adopted on July 13, 1993, authorized and provided for the issuance of drain bonds in the aggregate principal amount of $1,675,000 to defray part of the cost of the King Drain; and WHEREAS the bonds are to be designated Drain Bonds, are to be dated September 1, 1993, will bear interest at a rate or rates not exceeding 10%, and will be subject to redemption prior to maturity in accordance with the terms and conditions set forth in the bond resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from Commissioners Minutes Continued. August 26, 1993 302 this Board a resolution pledging the full faith and credit of the County for the payment of the Drain Bonds; and WHEREAS the said drain project is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County of Oakland that the said bonds be sold. NOW THEREFORE BE IT RESOLVED that pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the King Drainage District Drain Bonds and agrees that, in the event the City of Troy or the County of Oakland shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. That the County Treasurer is authorized to file with the Department of Treasury of the State of Michigan a Notice of Intent to Issue an Obligation with respect to the said Drain Bonds. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (#93143) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - KING DRAIN BONDS - FULL FAITH AND CREDIT 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 #93143 and finds: 1) The resolution authorizes the issuance of drain bonds with the county pledging full faith and credit with the City of Troy as the primary obligor. 2) The principal amount of the bond issue is $1,675,000 at an interest rate not to exceed 10% to be paid back within 20 years. 4) The statutory limit for County debt is $3,008,744,830 (10% of 1993 State Equalized Value). As of June 30, 1993, the outstanding debt is $351,329,030.83 or approximately 1.2% of the S.E.V. 5) Of the total project budget of $1,675,000, the County's apportionment is 3.24% ($145,992.75). 6) The County's share of the assessment will be paid over the life of the bonds and charged to the General Fund (Non-Department account titled "Road Commission - Drain Assessments". No additional funding is recommended at this time. FINANCE COMMITTEE Moved by Palmer supported by Schmid the resolution be adopted. AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93167 BY: Public Services Committee - Lawrence A. Obrecht, Chairperson Commissioners Minutes Continued. August 26, 1993 303 IN RE: PUBLIC SERVICES DEPARTMENT - EMPLOYMENT & TRAINING DIVISION BUDGET - PROGRAM YEAR 1993 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS notice of allocation of Job Training Partnership Act (JTPA) and other training funds has been received from the Michigan Jobs Commission for program periods and funding sources as outlined in Attachment A; and WHEREAS the funding sources as shown in Attachment A for the total amount of $6,670,470 serve as an estimate of Program Year 1993 fund availability, subject to finalization of carry-forward funds from the previous year; and WHEREAS the JTPA is totally supported through federal funds and requires no financial match support from the Oakland County General Fund; and WHEREAS Article II of the Balance of Oakland County Private Industry Council's By-Laws stipulates that the Council shall "provide policy guidance for, and exercise oversight with respect to, activities under the Job Training Plan for the Balance of Oakland County Service Delivery Area in partnership with the Government of Oakland County;" and WHEREAS the Balance of Oakland County Private Industry Council will be asked to approve the Employment and Training Division's Administrative Budget for Program Year 1993, as shown in Attachment B, covering the period of July 1, 1993 to June 30, 1994. NOW THEREFORE BE IT RESOLVED that the Program Year 1993 Employment and Training Division Budget for the period of July 1, 1993 through June 30, 1994 be adopted for the total amount of $6,670,470 as follows: 1. to establish an Administrative Budget of $856,911 for staff salaries, fringe benefits, and related operating costs; 2. to establish an Administrative Budget of $274,633 for the contractors' administrative operating costs; and 3. to provide for an appropriation of $5,538,926 for JTPA program operations. BE IT FURTHER RESOLVED that the Employment and Training Division will prepare and present a written status report to the Public Services Committee on a yearly basis. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (#93167) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT - EMPLOYMENT AND TRAINING DIVISION BUDGET - PROGRAM YEAR 1993 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 #93167 and finds: 1) The Employment and Training Division has requested to amend its 1993 Budget to reflect the Program Year grant award in the amount of $6,670,470 (Administration-Employment and Training only $856,911; Administration-Contractor's portion $274,633; Program Operations $5,538,926) for the period July 1, 1993 through June 30, 1994; 2) A Comparison of the 1993 Adopted Budget to the proposed 1993/94 Program Year grant award, is detailed in the attached Schedule (see Fiscal Note Attachment). 3) Per the attached schedule, the proposed budget amendments for the 1993 Program Year are recommended. FINANCE COMMITTEE Moved by Obrecht supported by Miltner the resolution be adopted. AYES: Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Commissioners Minutes Continued. August 26, 1993 304 Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93168 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE - 1993/1994 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS providing a quality education for youngsters in care at the Children's Village is an essential service to the children residing therein; and WHEREAS Oakland County and the Waterford School District have historically contracted to ensure quality education through the provision of educational and administrative staff by the District, reimbursed by the County; and WHEREAS these previous agreements included a budget specifying staff numbers and assignments and anticipated offsetting state aid revenues, with contractual provisions for budget adjustments to actual net cost; and WHEREAS uncertainties in state school financing have required budget adjustments causing difficulty for County and District financial planning; and WHEREAS in order to avoid contract budget fluctuations, representatives of Oakland County and the Waterford School District have agreed to contract terms specifying a flat rate payment to the District of $500,000 for the school year 1993/1994; and WHEREAS for the flat rate payment, the District will provide an accredited education for Oakland County residents of Children's Village; and WHEREAS the County will pay the District the amount of $7.00 per day for the education of non-Oakland County residents of Children's Village, this amount to be reimbursed to Oakland County by the student's county of residence; and WHEREAS the funding for this contract is subject to the County Board of Commissioners' budget process; and WHEREAS this agreement is included in the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the Waterford School District and that the Chairperson of the Board is authorized to sign said agreement. BE IT FURTHER RESOLVED that future contract negotiations be conducted by the "Children's Village School Executive Committee" which shall consist of the following members: Oakland County Director of Institutional and Human Services (Chair) Director of Management and Budget Director of Program Evaluation and Operation Analysis Probate Court Administrator Manager of Children's Village Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (#93168) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/CHILDREN'S VILLAGE - 1993/1994 WATERFORD SCHOOL DISTRICT AGREEMENT 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 #93168 and finds: Commissioners Minutes Continued. August 26, 1993 305 1) The proposed agreement, covering the period July 1, 1993 through June 30, 1994, provides for a flat fee of $500,000 be paid to the Waterford School District and an additional fee of $7.00 per day for each non-Oakland County student receiving education services. The $7.00 per day fee will be recovered by the student's county of residence. 2) The school will operate during the normal school schedule, no summer instruction will be provided. 3) As indicated on the attached schedule, the contract would save the County $40,185 during the 1993 calendar year. 4) As part of the contract negotiations, the District asked the County to help alleviate a potential shortfall in the 1991/1992 contract due to reductions in state revenue for court placed students. The District requested the County cover a portion of this shortfall on a 221/100 District/County ratio up to a maximum County payment of $100,000. The level of shortfall will be determined once the 1991/1992 District books are closed. 5) Amendments to the 1993 County budget, if necessary, will be recommended with the third quarter forecast. FINANCE COMMITTEE Moved by Obrecht supported by Law the resolution be adopted. AYES: Price, Schmid, Taub, Wolf, Crake, Douglas, Gosling, Huntoon, Johnson, Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Pernick. (17) NAYS: Powers, Dingeldey, Garfield, Jensen, Kaczmar, McPherson. (6) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93169 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: CHILDREN'S VILLAGE - SUPPORT FOR COURT PLACED STUDENT REVENUE FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County operates the Children's Village School, in cooperation with the Waterford School District; and WHEREAS all students receiving education in the school are residents of the Waterford School District pursuant to a Probate Court order; and WHEREAS in previous years the State of Michigan School Aid Formula has included payments to local school districts for the education of students placed into their district pursuant to a court order; and WHEREAS the 1993/1994 School Aid Formula proposed by the Senate does not include court placed student revenue to local school districts, the House proposal includes the revenue; and WHEREAS should funding to local school districts for court placed students be eliminated, the Waterford School District would lose approximately $400,000 that was anticipated to operate the Children's Village School (total state aid revenue for 1993/1994 is estimated to be $1.2 million); and WHEREAS the loss of this revenue would result in a detrimental effect on the Children's Village School operations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges the Oakland County legislative delegation to retain court placed student revenue at 1.5 memberships, for local school districts as part of the 1993/1994 School Aid Formula. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Moved by Obrecht supported by Powers the resolution be adopted. AYES: Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Gosling, Huntoon, Commissioners Minutes Continued. August 26, 1993 306 Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Obrecht, Palmer, Pernick, Powers. (20) NAYS: Garfield. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #93148 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS To the Oakland County Board of Commissioners Chairperson,Ladies and Gentlemen: WHEREAS at the request of the City of Lake Angelus the Sheriff's Department has been dispatching police calls for their Police Department; and WHEREAS the Sheriff has requested the City of Lake Angelus to reimburse the County for Police Dispatching Services at the rate of $746 per year starting July 1, 1993. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of Lake Angelus for the remainder of 1993 at a rate of $746 per year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board to enter into a Dispatching Agreement with the City of Lake Angelus. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT is made this 30th day of June, 1993, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation [COUNTY], and the City of Lake Angelus [CITY]. In consideration of the agreements contained herein, the parties agree to the following terms and conditions: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT sshhaallll provide Police Dispatch Services for the CITY, commencing on June 30, 1993 and continuing through December 31, 1994. 2. The CITY sshhaallll reimburse the COUNTY for Police Dispatch at the rate of $746 per year due upon receipt of a monthly invoice submitted by the COUNTY documenting said calls. 3. The parties have the right to terminate this Agreement upon sixty [60] days' written notice. 4. The CITY agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or damages which arise from the negligent acts or omissions of the CITY, its agents or employees in connection with the duties and services under this Agreement. 5. The COUNTY agrees to defend, indemnify and hold the CITY harmless from any and all liability or damages which arise from the negligent acts or omissions of the COUNTY, its agents or employees in connection with the duties and services under this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year written above. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: Larry P. Crake, Chairperson Board of Commissioners By: Donald P. Althoff, Mayor City of Lake Angelus Commissioners Minutes Continued. August 26, 1993 307 By: John F. Nichols, Sheriff County of Oakland FISCAL NOTE (#93148) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS 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 #93148 and finds: 1) The projected 1993 annual cost of the Sheriff's Communication Center is $1,424,656. The Communication Center processed 101,093 calls in 1992. 2) The average cost per call is $14.10 per call as shown on Schedule A. 3) The projected number of calls for Lake Angelus is 350 calls annually which total $4,935. The estimated cost for the balance of 1993 is $1,269. 4) The Finance Committee recommends that a rate of $14.10 per call be established for dispatch calls for the City of Lake Angelus for the balance of 1993 and that the Resolution be amended by deleting the following: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of Lake Angelus for the remainder of 1993 at a rate of $2,286 per year. and replacing it with: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of the Lake Angelus for the remainder of 1993 at a rate of $14.10 per call. 5) The Finance Committee further recommends the contract be amended by changing the ending date in Section 1 from December 1, 1994 to December 31, 1993 and by changing the rate in Section 2 from $746 per year to $14.10 per call as shown on the attached contract. 6) The Budget be amended by increasing revenue and overtime in the Communica- tion Center by $1,269 as follows: REVENUE: Amendment 3-10100-439-01-00-2098 Dispatch Services $1,269 EXPENSE: 4-10100-439-05-00-1002 Overtime - Dispatch $1,269 7) The Finance Committee further recommends that the resolution be amended by adding, BE IT FURTHER RESOLVED that for communities with population under 1,500, the amount of charge will not exceed $2,500 annually. FINANCE COMMITTEE Moved by Obrecht supported by Taub the resolution be adopted. Moved by Obrecht supported by Taub the resolution be amended to agree with the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Taub Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Pernick, Powers, Schmid. (20) NAYS: McPherson, Palmer. (2) Commissioners Minutes Continued. August 26, 1993 308 A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93149 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS at the request of the City of the Village of Clarkston the Sheriff's Department has been dispatching police calls for their Police Department; and WHEREAS the Sheriff has requested the City of the Village of Clarkston to reimburse the County for Police Dispatching Services at the rate of $2,286 per year starting July 1, 1993. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of the Village of Clarkston for the remainder of 1993 at a rate of $2,286 per year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board to enter into a Dispatching Agreement with the City of the Village of Clarkston. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT is made this 1st day of July, 1993, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation [COUNTY], and the City of the Village of Clarkston [CITY]. In consideration of the agreements contained herein, the parties agree to the following terms and conditions: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT sshhaallll provide Police Dispatch Services for the CITY, commencing on July 1, 1993 and continuing through December 31, 1994. 2. The CITY sshhaallll reimburse the COUNTY for Police Dispatch at the rate of $2,286 per year due upon receipt of a monthly invoice submitted by the COUNTY documenting said calls. 3. The parties have the right to terminate this Agreement upon sixty [60] days' written notice. 4. The CITY agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or damages which arise from the negligent acts or omissions of the CITY, its agents or employees in connection with the duties and services under this Agreement. 5. The COUNTY agrees to defend, indemnify and hold the CITY harmless from any and all liability or damages which arise from the negligent acts or omissions of the COUNTY, its agents or employees in connection with the duties and services under this Agreement. IINN WWIITTNNEESSSS WWHHEERREEOOFF the parties have executed this Agreement on the day and year written above. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: ________________________________ Larry P. Crake, Chairperson Board of Commissioners By: ________________________________ Commissioners Minutes Continued. August 26, 1993 309 Sharron Catallo, Mayor City of the Village of Clarkston By: ________________________________ John F. Nichols, Sheriff County of Oakland FISCAL NOTE (#93149) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON 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 #93149 and finds: 1) The projected 1993 annual cost of the Sheriff's Communication Center is $1,424,656. The Communication Center processed 101,093 calls in 1992. 2) The average cost per call is $14.10 per call as shown on Schedule A. 3) The projected number of calls for the City of the Village of Clarkston is 545 calls annually which total $7,685. The estimated cost for the balance of 1993 is $1,974. 4) The Finance Committee recommends that a rate of $14.10 per call be established for dispatch calls for the City of the Village of Clarkston for the balance of 1993 and that the Resolution be amended by deleting the following: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of the Village of Clarkston for the remainder of 1993 at a rate of $2,286 per year. and replacing it with: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to continue providing Police Dispatch Services to the City of the Village of Clarkston for the remainder of 1993 at a rate of $14.10 per call. 5) The Finance Committee further recommended that the contract be amended by changing the ending date in Section 1 from December 1, 1994 to December 1, 1993 and by changing the rate in Section 2 from $2,286 per year to $14.10 per call as shown on the attached contract. 6) The Budget be amended by increasing revenue for this contract and increasing overtime in the Communication Center by $1,974 as follows: REVENUE: Amendment 3-10100-439-01-00-2098 Dispatch Services $1,974 EXPENSE: 4-10100-439-05-00-1002 Overtime - Dispatch $1,974 7) The Finance Committee further recommends that the resolution be amended by adding, "BE IT FURTHER RESOLVED that for communities with population under 1,500, the amount of charge will not exceed $2,500 annually." FINANCE COMMITTEE Moved by Obrecht supported by Wolf the resolution be adopted. Moved by Obrecht supported by Wolf the resolution be amended to agree with the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Commissioners Minutes Continued. August 26, 1993 310 Pernick, Powers, Schmid. (20) NAYS: McPherson, Palmer. (2) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93150 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR OAKLAND COMMUNITY COLLEGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Community College has requested the Sheriff's Department to perform Police Dispatching Services; and WHEREAS Oakland Community College has agreed to reimburse the County for Police Dispatching Services at the rate of $25,224. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to provide Police Dispatch Services to Oakland Community College at the rate of $25,224 per year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board to enter into a Dispatching Agreement with Oakland Community College. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE AGREEMENT FOR DISPATCH SERVICES THIS AGREEMENT is made this 1st day of September, 1993, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation [COUNTY], and the Oakland Community College [COLLEGE]. In consideration of the agreements contained herein, the parties agree to the following terms and conditions: 1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT sshhaallll provide Police Dispatch Services for the College, commencing on August 1, 1993 and continuing through December 31, 1994. 2. The College sshhaallll reimburse the COUNTY for Police Dispatch at the rate of $25,224 per year due upon receipt of a monthly invoice submitted by the COUNTY documenting said calls. 3. The parties have the right to terminate this Agreement upon sixty [60] days' written notice. 4. The College agrees to defend, indemnify and hold the COUNTY harmless from any and all liability or damages which arise from the negligent acts or omissions of the COLLEGE, its agents or employees in connection with the duties and services under this Agreement. 5. The COUNTY agrees to defend, indemnify and hold the COLLEGE harmless from any and all liability or damages which arise from the negligent acts or omissions of the COUNTY, its agents or employees in connection with the duties and services under this agreement. IINN WWIITTNNEESSSS WWHHEERREEOOFF the parties have executed this Agreement on the day and year written above. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: Larry P. Crake, Chairperson Board of Commissioners By: Commissioners Minutes Continued. August 26, 1993 311 By: John F. Nichols, Sheriff County of Oakland FISCAL NOTE (#93150) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - POLICE DISPATCH SERVICE FOR OAKLAND COMMUNITY COLLEGE 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 #93150 and finds: 1) The projected 1993 annual cost of the Sheriff's Communication Center is $1,424,656. The Communication Center processed 101,093 calls in 1992. 2) The average cost per call is $14.10 per call as shown on Schedule A. 3) The projected number of calls for Oakland Community College is 1,900 calls annually which total $26,790. The estimated cost for the balance of 1993 is $6,768. 4) The Finance Committee recommends that a rate of $14.10 per call be established for dispatch calls for Oakland Community College for the balance of 1993 and that the Resolution be amended by deleting the following: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to provide Police Dispatch Services to Oakland Community College for the remainder of 1993 at the rate of $25,224 per year. and replacing it with: NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized to provide Police Dispatch Services to Oakland Community College for the remainder of 1993 at a rate of $14.10 per call. 5) The Finance Committee further recommends the contract be amended by changing the ending date in Section 1 from December 1, 1994 to December 1, 1993 and by changing the rate in Section 2 from $25,224 per year to $14.10 per call as shown on the attached contract. 6) The Budget be amended by increasing revenue for this contract and increasing overtime in the Communication Center by $6,768 as follows: REVENUE: Amendment 3-10100-439-01-00-2098 Dispatch Services $6,768 EXPENSE: 4-10100-439-05-00-1002 Overtime - Dispatch $6,768 FINANCE COMMITTEE Moved by Obrecht supported by Jensen the resolution be adopted. Moved by Obrecht supported by Jensen the resolution be amended to agree with the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Moved by Obrecht supported by Jensen the Agreement be amended under #1 by changing the commencing date of August 1, 1993 to September 1, 1993. A sufficient majority having voted therefor, the amendment carried. AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (22) Commissioners Minutes Continued. August 26, 1993 312 NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #93170 BY: Sue Ann Douglas, District #8; Ruth Johnson, District #1 IN RE: SOLID WASTE: ACT 641 - CHANGE 20-YEAR PLANNING REQUIREMENT TO 10-YEARS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Michigan's law governing solid waste, Act 641, requires that each county have disposal capacity for 20 years, replenishing that capacity when it falls below certain threshold levels, and WHEREAS, the MDNR's 20-year administrative requirement is not practical due to changing population trends, new technology, changing disposal needs, shifting composition of the solid waste stream, and a fluctuating waste stream volume, and WHEREAS, the State's required 20 years of planned solid waste capacity discourages waste reduction, reuse, and recycling. Also, the 20-year requirement stifles the innovation and development of new technologies by focusing on traditional methods of incineration and landfilling, and WHEREAS, the Solid Waste Management Planning Program Review Work Group completed its report and made its recommendation to the DNR on March 4, 1993. This committee, comprised of Michigan planners, industry representatives, environmentalists, township officials, and Michigan Municipal League representatives, recommended that Act 641 reduce the 20-year requirement of planned solid waste capacity to 10 years of planned capacity. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby urge the State of Michigan to reduce the 20-year capacity requirement contained within Act 641 to a 10-year requirement. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Oakland County legislative contingent in Lansing and the Governor of the State of Michigan, and Roland Harms, Director of the Michigan Department of Natural Resources. Chairperson, we move adoption of the foregoing resolution. Sue Ann Douglas, Ruth Johnson, David L. Moffitt, Thomas Law, Kevin Miltner, Eugene Kaczmar, Jeff Kingzett, Marilynn Gosling, Dennis Powers, John Garfield, Shelley Taub, Charles Palmer, Donna Huntoon, Nancy Dingeldey The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #93171 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: BOARD OF COMMISSIONERS - EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Optional Unified Form of County Government Act (Act 139) outlines the effective dates of ordinances and resolutions in Section 11, subsection 2, and provides that an adopted ordinance or resolution shall become effective on approval of the County Executive; or without approval or veto by the County Executive on expiration of 10 days from the time, measured in hours and minutes, that the ordinance or resolution is presented to the County Executive; or on the overriding of a veto by the Board of Commissioners; and Commissioners Minutes Continued. August 26, 1993 313 WHEREAS, the procedure for a County Executive veto of an adopted ordinance or resolution is provided for in Section 11, subsection 2 of Act 139, requires the County Executive to certify such veto message to the Board of Commissioners within 10 days after the date of adoption of the adoption of the ordinance or resolution; and WHEREAS, Section 11, subsection 1 of Act 139 allow for the override of a veto by a 2/3 vote of all County Board of Commissioners members elected and serving by the second meeting following deliverance of the veto message to the County Board of Commissioners; and WHEREAS, to eliminate any confusion on the procedure to be followed in the process of approval, veto and override, the following procedure is hereby established and the Rules for the Oakland County Board of Commissioners are hereby amended to include this procedure. NOW THEREFORE BE IT RESOLVED that upon adoption of an ordinance or resolution by the County Board of Commissioners, the County Clerk shall record the exact date and time of adoption of the ordinance or resolution, and shall present such adopted ordinance or resolution to the County Executive's Office within 24 after hours of adoption and shall further receive from the County Executive's office a signed receipt for the deliverance of such adopted ordinance(s) or resolution(s), which shall include the exact date and time of delivery and a list of the ordinance(s) or resolution(s), by number and title, which were received. The County Clerk shall immediately give a copy of the receipt for the deliverance of the adopted ordinance(s) or resolution(s) to the Chairperson of the County Board of Commissioners. BE IT FURTHER RESOLVED that all resolutions and ordinances shall become effective upon 1. adoption by the Board of County Commissioners and approval by the County Executive, or 2. adoption by the Board of County Commissioners and the expiration of ten (10) days from the time of presentation of the ordinance or resolution to the County Executive, measured in hours and minutes, without approval or veto of the County Executive; or 3. upon adoption by the Board of Commissioners and veto by the County Executive, on an override of the County Executive veto by a 2/3 vote of all members of the Board of Commissioners elected and serving. A. In order to be timely and effective, a County Executive veto must be certified to the County Commissioners by deliverance of the veto message to the County Clerk within 10 days after the date of the adoption of the ordinance or resolution. B. In computing of the ten-day time period, the first day is excluded and the last day is included. If the last day is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday. BE IT FURTHER RESOLVED that in accordance with Act 139, the County Board of Commissioners shall override a veto by the second meeting following the deliverance of the veto message to the County Board of Commissioners the message of veto. Chairperson, I move the adoption of the foregoing resolution. Marilynn E. Gosling The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #93172 BY: Ruth Johnson, District #1; Kevin Miltner, District #5; Shelley Taub, District #12 IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH - FULL INTEGRATION INTO COUNTY BOARD OF COMMISSIONERS/COUNTY EXECUTIVE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, by MR 93092, dated May 27, 1993, Commissioners Minutes Continued. August 26, 1993 314 authorized the Oakland County Community Mental Health Services Board to execute a full management contract with the State of Michigan Department of Mental Health; and 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 such authority was also incorporated in the full management contract; and WHEREAS P.A. 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 December 19, 1974, created a community mental health/county executive administrative reporting structure through the Department of Institutional and Human Services; and WHEREAS in this time of expanding county responsibility for community mental health programs, it is necessary for the Board of Commissioners to restate its intention to fully integrate the Community Mental Health Division within the County administrative structure and to reiterate and expand upon the Board's policies to accomplish this directive. NOW THEREFORE BE IT RESOLVED that the Community Mental Health Division of the Department of Institutional and Human Services shall comply with all Oakland County Board of Commissioners and County Executive procedures and directives including but not limited to the following: 1. The appropriation process as it relates to the responsibility of the County Executive and the appropriation authority of the Board of Commissioners per P.A. 2 of the Public Acts of 1968 as amended, known as the Uniform Budgeting and Accounting Act. Also the budget appropriation, monitoring and control aspects of the General Appropriations Act as adopted annually by the Board of Commissioners. 2. Procurement policies for the purchase of goods and services as established by the County Executive and/or adopted by the Board of Commissioners, expanded to include the purchase of mental health services per section 228 of the Mental Health Code. For example, MR 85020, dated February 14, 1985; MR 89325, dated March 8, 1990; MR 92027, dated March 5, 1992; MR 92057, dated May 7, 1992; MR 92101, dated May 21, 1992; MR 93024, dated March 4, 1993; and the Oakland County Purchasing Division's Policies and Procedures, published by the Department of Management and Budget. 3. Procedures for the sale, purchase, lease or construction of real property as established in the rules of the Board of Commissioners and such other applicable resolutions of the Board of Commissioners such as MR 91090, dated June 13, 1991; MR 85303, dated October 24, 1985, and MR 7488, dated March 18, 1976. BE IT FURTHER RESOLVED that the Division of Community Mental Health shall utilize county executive administrative services and the services of the county intergovernmental services funds. BE IT FURTHER RESOLVED that the county merit system coverage of Community Mental Health personnel be expanded and made consistent with other departments, and to accomplish this the Oakland County Executive's Personnel Department is directed to begin the process of removing the Community Mental Health Division personnel from the merit system rule #1 exception and to begin the negotiation of merit rules and benefits comparable with other county departments. BE IT FURTHER RESOLVED that the Oakland County Community Mental Health Board will continue to provide mental health services delivery, planning and advice in accordance with section 226 of the Mental Health Code. Chairperson, we move the adoption of the foregoing resolution. Ruth Johnson, Kevin Miltner, Shelley Taub The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioners Minutes Continued. August 26, 1993 315 In accordance with Rule XXII, the Chairperson made the following referrals: FINANCE a. Michigan Association of Counties - 1994 County Dues Statement b. Michigan Dept. of Treasury - 1994 Budget - Convention/Liquor/Cigarette Tax Distribution GENERAL GOVERNMENT a. Iron County Bd. of Comm. - (Oppose) State Revenue Sharing Decrease PUBLIC SERVICES a. Michigan Association of Counties - Flat Fees for Indigent Counsel OTHERS Judy Cunningham & Jack Hays a. Michigan Association of Counties - Flat Fees for Indigent Counsel There were no objections to the referrals. The Chairperson stated the next meeting of the Board will be September 9, 1993 at 9:30 A.M. The Board adjourned at 11:40 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson