HomeMy WebLinkAboutMinutes - 1993.09.23 - 8156
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 23, 1993
Meeting called to order by Chairperson Larry Crake at 9:41 A. M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll Called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (23)
ABSENT: Huntoon, Obrecht. (2) (with notice)
Quorum present.
Invocation given by Commissioner Eugene Kaczmar.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick to amend the Board minutes of
September 9, 1993, Page 316, to state that the Public Hearing on the County
General Fund Property Tax and Parks and Recreation Tax Rates be set for October
21, 1993 at 10:00 A.M. and then carry item c. on today's agenda forward to that
meeting.
A sufficient majority having voted therefor, the amendment carried.
Vote on minutes, as amended:
A sufficient majority having voted therefor, the minutes, as amended,
were approved.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda be amended as follows:
ITEMS ON PRINTED AGENDA
PERSONNEL COMMITTEE:
b. DPW/FM&O - Deletion of Financial Analyst Position and
Reclassification of Office Supervisor II Position. (Waiver of Rule
XI-F: Direct referral to Finance Committee)
PUBLIC SERVICES COMMITTEE:
d. Community Corrections Interim Plan Agreement. (Waiver of Rule XI-
F: Direct referral to Finance Committee)
ITEMS NOT ON PRINTED AGENDA
FINANCE COMMITTEE:
e. Department of Computer Services - Purchase of Equipment for
Community Mental Health. (Waiver of Rule XI-F - Direct referral to
Finance Committee)
PUBLIC SERVICES COMMITTEE:
Comprehensive Community Corrections Plan - Recision of Portion of
Res. #92189 and Authorization to Create Plan. (Waiver of Rule XI,
Procedure to bring matters to the Board)
Commissioners Minutes Continued. September 23, 1993
336
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
The Chairperson made the following statement at 9:48 A.M.: "A public
hearing is now called on Corporation Counsel Transfer of One (1) Property
Management Technician II Position to Public Works/Administration (Per PA 139,
1974, Sec. 14 (a)) (MR#93182). Are there any persons present that wish to
speak?"
No persons requested to speak and the public hearing was declared closed
at 9:49 A.M.
The following persons addressed the board: Gerald Poisson and Pam
Ortner-Mukavetz.
MISCELLANEOUS RESOLUTION #93195
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION
1993/1994 SUBSTANCE ABUSE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division
applied to the Michigan Department of Public Health (MDPH) for $3,922,437 in
Substance Abuse Grant funds for the period October 1, 1993 through September
30, 1994; and
WHEREAS the MDPH has awarded Oakland County a Substance Abuse Grant in
the amount of $3,922,437, the same amount and time period as the application;
and
WHEREAS the 1993 budget includes $4,018,317 in grant revenues and
expenses for this program, acceptance of this grant will reduce the grant
revenue and expense budget by $95,880, as detailed on attached Schedule A; and
WHEREAS the total Oakland County Substance Abuse Program equals
$5,532,141 of which $3,878,437 is the State grant, $698,492 is County funded
and $955,212 is fees, collections and local support, $44,000 of which is
assigned to the grant (Schedule B), the County portion is funded in the 1993
Health Division budget, no additional County funds are required; and
WHEREAS acceptance of this grant does not obligate the County to any
future commitment; and
WHEREAS this grant has been included in the County Executive's Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accept the 1993/1994 Substance Abuse Grant in the amount of
$3,922,437 and authorizes the necessary amendments be made to the 1993 Grant
Budget as detailed on Schedule A.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to
execute the grant agreement and to approve minor changes and grant extensions,
not to exceed fifteen (15) percent variance from the original award.
BE IT FURTHER RESOLVED that future level of service, including personnel,
be contingent upon the level of state funding for this program.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Schedules A & B on file in County Clerk's Office.
Moved by McCulloch supported by Kingzett the resolution be adopted.
Commissioners Minutes Continued. September 23, 1993
337
AYES: Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93196
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT & BUDGET - 1993 SECOND QUARTER BUDGET
AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act
for local units of government provides for adjustments to the adopted budget;
and
WHEREAS in accordance with the Oakland County General Appropriations Act
Section 22, which provides for budget adjustments for variances between the
budgeted revenue and actual revenue, and Section 23, which provides for budget
adjustments for variances between estimated revenue and projected expenditures;
and
WHEREAS the 1993 Second Quarter Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS due to the Reimbursement Division's reorganization and a more
aggressive collection policy, reimbursement from parents and guardians of youth
housed in child care institutions and private agencies is projected to increase
by $150,000; and
WHEREAS because the Health Division replaced laboratory equipment through
the use of undesignated cigarette tax revenue, an intra-divisional transfer of
$31,160 is needed to adjust accounting records; and
WHEREAS Medical Care Facility revenue has increased due to the positive
settlement of a Medicare audit, increased Medicare reimbursement rates and
higher per diem charges; and
WHEREAS the increased real estate activity due to low interest rates
results in estimated $1.3 million additional revenue in the Register of Deeds
Office; and
WHEREAS the statewide June special election for Proposal A resulted in
unanticipated election expense of $161,800 which is expected to be reimbursed
by the State of Michigan; and
WHEREAS payment of court transcripts for preliminary exams has been
consolidated in the Clerk's budget effective July 1, requiring an appropriation
transfer from the Circuit Court and the Prosecutor in the amount $30,000 for
1993; and
WHEREAS an adjustment is requested to the Circuit Court's revenue and
expenditure budget, in the amount of $194,000, to cover the estimated number of
civil cases to be mediated; and
WHEREAS the current Friend of the Court's budget needs an adjustment to
reflect the 1993 approved indirect cost rates; and
WHEREAS District Court caseload activity is differing from the budgeted
levels resulting in variances in fines, court costs and probation; and
WHEREAS the Office of the Prosecuting Attorney's unfilled positions has
resulted in salary and fringe favorability which has been partially offset by
additional overtime expenses; and
WHEREAS the Sheriff's Department is projected to receipt $320,000 in
additional revenue which is offset by additional overtime expenses; and
WHEREAS the Sheriff's Department Outside Prisoner Housing expense budget
is projected to be exceeded by $160,000, which can be partially offset by
favorability in Deputy Supplies; and
WHEREAS delays in implementing a Tower Site Management Contract with a
vendor to remit the County a portion of antennae fees for outside users to rent
space on the County's towers has reduced the estimated revenue by $90,000; and
Commissioners Minutes Continued. September 23, 1993
338
WHEREAS the balance from the above stated amendments is to be used to
partially offset the projected shortfall in investment income due to lower
interest rates.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
authorizes budget amendments as follows:
JUVENILE MAINTENANCE FUND
Revenue 3-29260-
343-01-00-2036 Board & Care $ 150,000
HEALTH DIVISION
Expenditure 4-22100-
162-01-00-3528 Miscellaneous $ (31,160)
162-01-00-6640 Equipment Rental 3,600
162-01-00-5999 Equity Transfer 27,560
$ 0
MEDICAL CARE FACILITY
Revenue 3-10100-
163-02-00-2091 Daily Patient Services $ 195,000
163-04-00-2327 Medicare Difference 187,000
163-04-00-2579 Charge Difference 257,000
163-08-00-2376 Medicare Audit 150,000
163-70-00-2479 Pharmacy Reimbursement 11,000
$ 800,000
CLERK
Revenue 3-10100-
214-01-00-2343 Mortgages $ 620,000
214-01-00-4392 Photostats 20,000
214-01-00-2463 Recording Fees 490,000
214-01-00-2666 Tract Index 20,000
214-01-00-9203 Land Transfer Tax 150,000
213-01-00-2596 State Reimb-Special Elections 161,800
$ 1,461,800
Expenditures 4-10100-
212-01-00-3297 Clerk-Court Transcripts $ 30,000
311-05-00-3297 Circuit Court-Court Transcripts (9,000)
411-01-00-3297 Prosecutor-Court Transcripts (21,000)
213-01-00-4838 Election Supplies 161,800
$ 161,800
CIRCUIT COURT
Revenue 3-10100-
311-01-00-2054 Civil Mediation Payments $ 194,000
Expenditures 4-10100-
311-01-00-3033 Attorney Fees-Mediators $ 194,000
$ 0
FRIEND OF THE COURT
Revenue 3-10100-
903-01-00-9310 Non-Depart Indirect Cost Recovery $ 99,386
Expenditure 4-21500-
312-01-00-3409 Indirect Cost $ 99,386
$ 0
DISTRICT COURTS
Revenue 3-10100-
322-01-00-2366 Ordinance Fines and Costs $ (25,000)
323-01-00-2588 State Law Costs (25,000)
324-01-00-2366 Ordinance Fines and Costs (25,000)
324-01-00-2413 Probation Oversight Fees (10,000)
324-01-00-2588 State Law Costs (15,000)
325-01-00-2413 Probation Oversight Fees (50,000)
$ (150,000)
Expenditures 4-10100-
Commissioners Minutes Continued. September 23, 1993
339
323-01-00-3295 Court Reporter Services $ (5,000)
323-01-00-3777 Visiting Judges (15,000)
323-01-00-4909 Postage (5,000)
$ (25,000)
PROSECUTING ATTORNEY
Expenditure 4-10100-
411-01-00-1001 Salaries $ (175,000)
411-01-00-1002 Overtime 50,000
$ (125,000)
SHERIFF
Revenue 3-10100-
432-01-00-2136 Civil Unit Fee Income $ 17,500
432-01-00-2051 Civil Action Fees 4,500
433-01-00-2036 Board & Care 90,000
433-30-00-2036 Work Release Board & Care 93,000
433-10-00-2379 O.U.I.L. 3rd Offense 115,000
$ 320,000
Expenditures 4-10100-
433-10-00-3558 Outside Prisoner Housing $ 160,000
439-01-00-4820 Deputy Supplies (60,000)
433-10-00-1002 Detention Overtime 99,500
433-11-00-1002 Detention-South Overtime 57,000
433-14-00-1002 Visitation Overtime 27,500
434-14-00-1002 Trusty Camp Overtime 10,250
434-17-00-1002 L Building Overtime 9,500
434-25-00-1002 Southfield Overtime 16,500
436-18-00-1002 Contracted Overtime 31,250
439-05-00-1002 Communications Overtime 52,500
439-15-00-1002 Special Teams Overtime 16,000
$ 420,000
RADIO COMMUNICATIONS
Revenue 3-10100-
138-40-00-2340 Miscellaneous $ (90,000)
NON-DEPARTMENTAL
Revenue 3-10100-
906-01-00-2233 Investment Income $(2,060,000)
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Jensen the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93197
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/ADMINISTRATION - TRANSFER OF
PROFESSIONAL SERVICES FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the current 1993 budget of the Department of Management and
Budget Administration includes a balance of $20,267 in Professional Services
Commissioners Minutes Continued. September 23, 1993
340
(Acct # 4-10100-121-01-00-3128);and
WHEREAS the Director has no identifiable needs for these funds, and
requests they be transferred to non-departmental interest revenue - sundry.
NOW THEREFORE BE IT RESOLVED that the 1993 budget be amended, as
specified below, to reflect the requested transfer.
_ 1993 _
4-10100-121-01-00-3128 Professional Services ($20,267)
3-10100-904-01-00-2252 Interest - Sundry (_20,267)
- 0 -
Chairperson, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by Pernick the resolution be adopted.
AYES: Garfield, Gosling, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (23)
NAYS: None. (0)
A sufficient majority voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93198
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF COMPUTER SERVICES - PURCHASE OF EQUIPMENT FOR COMMUNITY
MENTAL HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93092, the Board of
Commissioners authorized the Community Mental Health Services Board to enter
into a full management agreement with the Michigan Department of Mental Health
(MDMH); and
WHEREAS in order to properly implement the full management agreement, and
more effectively conduct its day-to-day business, Community Mental Health staff
require additional computer equipment, software, training and support; and
WHEREAS due to the timing of contract approval, uncommitted state funds
are available through September 30, 1993 to purchase the required equipment;
and
WHEREAS Community Mental Health and Computer Services staff have reviewed
computer needs for the division and recommend the configuration detailed on the
attachment; and
WHEREAS the capital cost of this configuration equals $728,065, of which
the MDMH will cover 90%, leaving a County match of $72,807; and
WHEREAS the County match is available in the 1993 Community Mental Health
budget; and
WHEREAS the Community Mental Health Services Board approved of this
purchase at a special September 21, 1993 meeting; and
WHEREAS the use of state funds for a capital purchase of this size is
still subject to approval of the MDMH.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the
purchase of computer equipment for Community Mental Health as detailed on the
attached configuration.
BE IT FURTHER RESOLVED that the 1993 Community Mental Health budget be
amended, as specified below, to account for this purchase:
Community Mental Health Fund
166-95-00-3042 State Institutions $(728,065)
166-01-00-9993 Computer Equip. 728,065
$ 0
==========
Commissioners Minutes Continued. September 23, 1993
341
BE IT FURTHER RESOLVED that the equipment purchased be placed in the
Computer Services fund fixed assets.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Oakland County CMH Full Management Transition Computer
Hardware/Software Proposal on file in County Clerk's office.
Moved by McCulloch supported by Gosling the resolution be adopted.
AYES: Gosling, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner McCulloch stated that agenda item C, under Finance
Committee, will carry forward to the October 21, 1993 board meeting.
The Chairperson made the following statement at 10:01 A.M.: "A public
hearing is now called on the Molmec - Raymond Fastener Company EDC Project
(M.R.#93185). Are there any persons present that wish to speak?"
No persons requested to speak and the public hearing was declared closed
at 10:02 A.M.
MISCELLANEOUS RESOLUTION #93199
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL CARE FACILITY -
CONTRACTING OF FOOD/DIETARY SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Medical Care Facility Task Force was formed in the spring of
1993 with the intent to reduce the operating subsidy provided by the County
General Fund to the Medical Care Facility without adversely affecting the
facility residents; and
WHEREAS one task force recommendation was to explore contracting of the
food service/dietary functions, now provided by facility staff, to an outside
firm; and
WHEREAS on July 30, 1993 the Purchasing Division released Request for
Proposal (RFP) #9700 soliciting vendors to provide food service/dietary
services to the Medical Care Facility; and
WHEREAS upon review of bids submitted, HDS Services of Farmington Hills,
Michigan was selected as the most qualified vendor; and
WHEREAS the proposal submitted by HDS reflects a first year cost of
$382,340 for total food/dietary services, this figure is $109,652 below the
1993 net amended budget for this service; and
WHEREAS the applicable union representing Medical Care Facility food
service employees has been consulted and were unable to match the offer
provided by HDS Services.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
the contracting of food/dietary services in the Medical Care Facility to HDS
Services of Farmington Hills, Michigan.
BE IT FURTHER RESOLVED that the following affected positions be deleted
from the Medical Care Facility Dietary Unit (#163-09) the first day of the
payroll period two weeks after adoption of this resolution:
00055 Student
00077 Ass't Food Svs. Supervisor
Commissioners Minutes Continued. September 23, 1993
342
00259 Food Svs. Worker I
00554 Food Svs. Worker I
00851 Food Svs. Worker II
00997 Food Svs. Worker II
01020 Food Svs. Worker I
01052 Food Svs. Worker II
01914 Second Cook
02040 Food Svs. Worker II
02390 Second Cook
02898 Food Svs. Worker I
07103 Food Svs. Supervisor
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Personnel and Finance
Committees. There were no objections.
MISCELLANEOUS RESOLUTION #93200
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: HOUSE BILL 4935 (SUPPORT) CHANGING THE DATE REAL AND PERSONAL PROPERTY
TAXES BECOME A LIEN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS under existing law December 1 is the designated date real and
personal property taxes become a lien on property; and
WHEREAS the bankruptcy courts have made the lien date the most critical
factor in determining when, or if, the taxing jurisdiction's claim will be paid
and December 1 is an unfavorable date for counties; and
WHEREAS House Bill 4935 changes the lien date from December 1 to December
31 of the preceding year, permitting governmental units to submit bankruptcy
claims as secured creditors rather than unsecured creditors; and
WHEREAS secured creditors are paid first and it is not uncommon for
unsecured creditors to receive no payment; and
WHEREAS the date change proposed in HB 4935 is not a tax increase but,
rather, facilitates collection of taxes already assessed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports HB 4935.
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 other
counties in the State.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Powers the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Oaks, Palmer,
Pernick, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Garfield, Gosling.
(18)
NAYS: McPherson, Miltner, Moffitt, Powers, Douglas. (5)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93201
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: SENATE BILLS 137, 138, 139, 469, 470, 472, 473 and 474 (SUPPORT) -
ASSURING PROPER RIGHTS FOR CRIME VICTIMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 23, 1993
343
WHEREAS an 8-bill package assuring that crime victims will receive
appropriate rights and protection throughout criminal proceedings will be
addressed soon by the State House of Representatives; and
WHEREAS all eight Bills in the so-called Victims' Rights Package passed
the Senate unanimously on April 28; and
WHEREAS major concerns of the Oakland County Reimbursement Division were
addressed by the House Judiciary Committee and were incorporated in the Bills;
and
WHEREAS the package of Bills received unanimous support of the House
Judiciary Committee on August 31 and all eight Bills were reported from
committee for placement on the House Calendar.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports the Victims' Rights Package.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
State Legislators from Oakland County, the Legislative Agent, State Government
Liaison, the Michigan Association of Counties and other counties in the state.
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: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Oaks, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Jensen. (22)
NAYS: Moffitt. (1)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO SOLID WASTE PLANNING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the appointments to
the Solid Waste Planning Committee per Attachment A for two-year terms
commencing the date the full Board of Commissioners makes the appointments.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
ATTACHMENT A
SSOOLLIIDD WWAASSTTEE PPLLAANNNNIINNGG CCOOMMMMIITTTTEEEE
Solid Waste Mgmt. Industry (4)
Lenora Kay Jadun
Robert K. Line
Yale Levin
George Schutte
Environmental Interest Groups (2)
Timothy Carpenter
Dawn Furlong
Industrial Waste Generator (1)
Samuel A. Seabright
County Government (1)
Dennis Powers
City Government (1)
Ben Marks
Township Government (1)
Michael Izzo
Commissioners Minutes Continued. September 23, 1993
344
Regional Solid Waste Planning
Agency (1)
Ardath Regan
General Public (3)
Sandra Dyl
Daryl N. Toby
Thomas G. Waffen
Non-Voting Advisory Members
To be selected later.
APPOINTMENTS TO SOLID WASTE PLANNING COMMITTEE
Commissioner Taub nominated Robert Leininger as Solid Waste Management
Industry representative. Supported by Douglas.
Moved by Kaczmar supported by Aaron the report be referred back to the
General Government Committee for reconsideration.
AYES: Kaczmar, Kingzett, Oaks, Pernick, Price, Aaron. (6)
NAYS: Law, McCulloch, Miltner, Moffitt, Palmer, Powers, Schmid, Taub,
Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson. (16)
A sufficient majority not having voted therefor, the motion failed.
Commissioner Kaczmar nominated Thomas G. Waffen as Solid Waste Management
Industry representative. Supported by Aaron.
Discussion followed.
The Chairperson stated the candidates for Solid Waste Management Industry
representatives are Lenora Kay Judan, Robert Leininger, Yale Levin, Robert K.
Line, George Schutte and Thomas G. Waffen.
Vote on Solid Waste Management Industry portion:
Aaron: Jadun, Levin, Line, Schutte
Crake: Jadun, Leininger, Levin, Line
Dingeldey: Jadun, Leininger, Levin, Line
Douglas: Jadun, Leininger, Levin, Line
Garfield: Jadun, Leininger, Levin, Line
Gosling: Jadun, Leininger, Levin, Line
Jensen: Jadun, Leininger, Levin, Line
Johnson: Jadun, Leininger, Levin, Line
Kaczmar: Leininger, Levin, Line, Waffen
Kingzett: Jadun, Levin, Line, Waffen
Law: Jadun, Leininger, Levin, Line
McCulloch: Jadun, Leininger, Levin, Line
Miltner: Jadun, Leininger, Levin, Line
Moffitt: Jadun, Leininger, Levin, Line
Oaks: Jadun, Levin, Line, Schutte
Palmer: Jadun, Leininger, Levin, Line
Pernick Jadun, Levin, Line, Schutte
Powers: Jadun, Leininger, Levin, Line
Price: Jadun, Levin, Line, Schutte
Schmid: Jadun, Leininger, Levin, Line
Taub: Jadun, Leininger, Levin, Line
Wolf: Jadun, Leininger, Levin, Line
Commissioners Minutes Continued. September 23, 1993
345
The vote was as follows:
Jadun (21); Leininger (17); Levin (22); Line (22); Schutte (4); Waffen
(2). The appointments of Lenora Kay Jadun, Robert Leininger, Yale Levin, Robert
K. Line as Solid Waste Management Industry representatives were confirmed.
The Chairperson stated the candidate for Industrial Waste Generator
representative is Samuel A. Seabright.
A sufficient majority having voted therefor, the appointment of Samuel A.
Seabright as Industrial Waste Generator representative was confirmed.
The Chairperson stated the candidate for City Government representative
is Ben Marks.
A sufficient majority having voted therefor, the appointment of Ben Marks
as City Government representative was confirmed.
The Chairperson stated the candidate for Regional Solid Waste Planning
Agency representative is Ardath Regan.
A sufficient majority having voted therefor, the appointment of Ardath
Regan as Regional Solid Waste Planning Agency representative is confirmed.
The Chairperson stated the candidates for Environmental Interest Groups
representatives are Timothy Carpenter and Dawn Furlong.
Commissioner Kaczmar nominated Pamela Ortner-Mukavetz. Supported by
Oaks.
Vote on Environmental Interest Groups representatives:
Aaron: Furlong, Ortner-Mukavetz
Crake: Carpenter, Furlong
Dingeldey: Carpenter, Furlong
Douglas: Carpenter, Furlong
Garfield: Carpenter, Furlong
Gosling: Carpenter, Furlong
Jensen: Carpenter, Furlong
Johnson: Carpenter, Furlong
Kaczmar: Carpenter, Ortner-Mukavetz
Kingzett: Furlong, Ortner-Mukavetz
Law: Carpenter, Furlong
McCulloch: Carpenter, Furlong
Miltner: Carpenter, Furlong
Moffitt: Carpenter, Furlong
Oaks: Furlong, Ortner-Mukavetz
Palmer: Carpenter, Furlong
Pernick: Carpenter, Furlong
Powers: Carpenter, Furlong
Price: Furlong, Ortner-Mukavetz
Schmid: Carpenter, Furlong
Taub: Carpenter, Furlong
Wolf: Carpenter, Furlong
The vote was as follows:
Carpenter (18); Furlong (21); Ortner-Mukavetz (5).
The appointments of Timothy Carpenter and Dawn Furlong as Environmental
Interest Groups representatives were confirmed.
The Chairperson stated the candidate for County Government representative
is Dennis Powers.
Commissioners Minutes Continued. September 23, 1993
346
A sufficient majority having voted therefor, the appointment of Dennis
Powers as County Government representative was confirmed.
The Chairperson stated the candidate for Township Government
representative is Michael Izzo.
A sufficient majority having voted therefor, the appointment of Michael
Izzo as Township Government representative was confirmed.
The Chairperson stated the candidates for General Public representatives
are Sandra Dyl, Daryl N. Toby and Thomas G. Waffen.
Discussion followed.
Commissioner Palmer nominated Alan Druschitz. Supported by Garfield.
Commissioner Kaczmar nominated Pamela Ortner-Mukavetz. Supported by
Oaks.
Discussion followed.
Commissioner Price nominated Claudia Filler. Supported by Pernick.
Vote on General Public representatives:
Aaron: Ortner-Mukavetz, Toby, Waffen
Crake: Druschitz, Dyl, Waffen
Dingeldey: Druschitz, Dyl, Waffen
Douglas Druschitz, Dyl, Waffen
Garfield: Druschitz, Dyl, Waffen
Gosling: Druschitz, Dyl, Waffen
Jensen: Druschitz, Dyl, Waffen
Johnson: Druschitz, Dyl, Waffen
Kaczmar: Filler, Ortner-Mukavetz, Toby
Kingzett: Dyl, Filler, Toby
Law: Druschitz, Dyl, Waffen
McCulloch: Druschitz, Dyl, Waffen
Miltner: Druschitz, Dyl, Waffen
Moffitt: Druschitz, Dyl, Waffen
Oaks: Ortner-Mukavetz, Toby, Waffen
Palmer: Druschitz, Dyl, Waffen
Pernick: Filler, Toby, Waffen
Powers: Druschitz, Dyl, Waffen
Price: Dyl, Filler, Toby
Schmid: Druschitz, Dyl, Waffen
Taub: Druschitz, Dyl, Waffen
Wolf: Druschitz, Dyl, Waffen
The vote was as follows:
Druschitz (16); Dyl (18); Filler (4); Ortner-Mukavetz (3); Toby (6);
Waffen (19).
The appointments of Alan Druschitz, Sandra Dyl and Thomas G. Waffen as General
Public representatives were confirmed.
Commissioner Jensen announced that the Non-Voting Advisory Member
representatives would be addressed at the next board meeting.
REPORT (Misc. #93180)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - CRIMP
PROGRAM SAVINGS
Commissioners Minutes Continued. September 23, 1993
347
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on September 1, 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 #93180
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - CRIMP
PROGRAM SAVINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93106, the Oakland County
Board of Commissioners approved the Cost Reduction Incentive Management Program
(CRIMP); and
WHEREAS the Health Division has proposed to generate actual savings to
the County's Governmental Fund Budget through the elimination of eight (8)
full-time positions and the changing of ten (10) part-time eligible positions
to part-time non-eligible for an annual savings of $494,154, savings for 1993
equals $412,483; and
WHEREAS the duties of the eliminated and reduced positions will be
covered
by reorganizing the work flow through existing personnel; and
WHEREAS the annual savings from the position changes and deletions are
eligible for CRIMP.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners recognizes
the efforts of the Health Division related to implementing the CRIMP program
and deletes the following full-time positions from the Health Division budget:
1621105975 Typist II
1621106140 Typist II
1622002178 Public Health Sanitarian Technician
1622002328 Public Health Sanitarian Technician
1623201862 Public Health Clinical Dentist
1623206723 Dental Hygienist
1623601837 Public Health Nurse III
1623602702 Public Health Nurse III
BE IT FURTHER RESOLVED that the following part-time eligible positions be
changed to 1,000 hour part-time non-eligible:
1623700631 Public Health Technician
1623700632 Public Health Technician
1623700633 Public Health Technician
1623700636 Public Health Technician
1623700637 Public Health Technician
1623700638 Public Health Technician
1623700639 Public Health Technician
1623700642 Public Health Technician
1623700644 Public Health Technician
1623703672 Public Health Technician
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Health Division CRIMP Program Savings (21 Aug 93)
on file in County Clerk's office.
FISCAL NOTE (Misc. #93180)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION - CRIMP
Commissioners Minutes Continued. September 23, 1993
348
PROGRAM SAVINGS
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 #93180 and finds:
1. The Health Division has proposed the deletion of eight (8) full-
time eligible positions and the changing of ten (10) part-time
eligible positions to part-time non-eligible.
2. This action will result in an annual savings of $507,859 (in 1993
dollars); savings for the balance of 1993 equals $412,483.
3. The savings from these personnel changes are considered recurring
savings under the CRIMP program.
4. The 1993 budget be amended, as specified below, to reflect this
CRIMP project:
4-22100-162-11-00-1001 Support Salaries $( 37,566)
4-22100-162-11-00-2070 Support Fringes ( 17,789)
4-22100-162-20-00-1001 Environmental Sal. ( 42,071)
4-22100-162-20-00-2070 Environmental FB. ( 22,685)
4-22100-162-32-00-1001 Dental Salaries ( 58,390)
4-22100-162-32-00-2070 Dental Fringes ( 20,631)
4-22100-162-36-00-1001 Nursing Salaries ( 66,408)
4-22100-162-36-00-2070 Nursing Fringes ( 28,002)
4-22100-162-37-00-1001 Hear. & Vis. Sal. ( 42,271)
4-22100-162-37-00-2070 Hear. & Vis. FB. ( 76,670)
4-26900-162-01-00-8101 CRIMP - Health Div. 412,483
$ 0
==========
5. The CRIMP fund shall be subject to verification of actual savings
realized with the 1993 year-end closing.
FINANCE COMMITTEE
Copy of Oakland County Health Division CRIMP Program Savings (07 Sep 93)
on file in County Clerk's Office.
Moved by Jensen supported by Dingeldey the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Dingeldey the resolution be adopted.
AYES: Kingzett, Law, McCulloch, Miltner, Moffitt, Oaks, Palmer, Pernick,
Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Jensen, Johnson, Kaczmar. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93182
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: CORPORATION COUNSEL - TRANSFER OF ONE (1) PROPERTY MANAGEMENT
TECHNICIAN II POSITION TO PUBLIC WORKS/ADMINISTRATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the duties performed by one (1) Property Management Technician II
in Corporation Counsel pertain to the Public Works Department; and
WHEREAS the information maintained by the Property Management Technician
is utilized by Public Works; and
WHEREAS the transfer of the Property Management Technician position would
allow for better communication with Public Works and a more efficient work
flow.
Commissioners Minutes Continued. September 23, 1993
349
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve the transfer of one (1) Property Management Technician II
position (#11505-04654) from Corporation Counsel to Public Works/Administration
Unit.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #93182)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CORPORATION COUNSEL - TRANSFER OF ONE (1) PROPERTY MANAGEMENT
TECHNICIAN II POSITION TO PUBLIC WORKS ADMINISTRATION
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 #93182 and finds:
1) The annual cost of the Property Management Technician II position
(#1150504654) to be transferred from Corporation Counsel to Public
Works Administration is $62,161 and the cost for the remainder of
1993 is $15,481 with an effective transfer date of October 2, 1993.
2) Operating appropriations to be transferred which are associated
with this position total $10,000.
3) The 1993 Budget be amended as follows:
Corporation Counsel
4-10100-115-05-00-1001 Salaries $ (11,008)
4-10100-115-05-00-2074 Fringe Benefits ( 4,473)
4-10100-115-01-00-3204 Advertising ( 2,500)
4-10100-115-01-00-3208 Appraisal Fees ( 7,500)
$ (25,481)
Public Works Administration
4-10100-141-01-00-1001 Salaries $ 11,008
4-10100-141-01-00-2074 Fringe Benefits 4,473
4-10100-141-01-00-3204 Advertising 2,500
4-10100-141-01-00-3208 Appraisal Fees 7,500
$ 25,481
$ -0-
FINANCE COMMITTEE
Moved by Gosling supported by Douglas the resolution be adopted.
AYES: Law, McCulloch, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Jensen, Johnson, Kaczmar, Kingzett. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93202
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS - FM&O DELETION OF FINANCIAL ASSISTANT
POSITION AND RECLASSIFICATION OF OFFICE SUPERVISOR II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in a continuing effort to provide economical public services, the
Department of Management & Budget and the Department of Public Works jointly
propose that the primary functions of Financial Assistant-FM&O (14701-01354)
and Financial Analyst II (12201-03479) be consolidated into a single position
within the Budget Division; and
WHEREAS the proposal further recommends the reclassification of an Office
Supervisor II position in Facilities Maintenance & Operations (grade 10) to a
Commissioners Minutes Continued. September 23, 1993
350
new class of Supervisor - FM&O Administrative Services (grade 11) to properly
reflect the reassignment of administrative tasks currently performed by the
Financial Assistant - FM&O; and
WHEREAS the County Executive recommends adoption of the foregoing
proposal.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes filling of the Financial Analyst II vacancy (12201-
03479) within the Budget Division and deletion of the position and
classification of Financial Assistant-FM&O (14701-01354).
BE IT FURTHER RESOLVED that a new class of Supervisor - FM&O
Administrative Services (grade 11) be created and that the current Office
Supervisor II position (14701-03646) be reclassified as proposed.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #93202)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF PUBLIC WORKS - FM&O DELETION OF FINANCIAL ASSISTANT -
FM&O AND RECLASSIFICATION OF OFFICE SUPERVISOR II
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed
Miscellaneous Resolution #93202 and finds:
1) The resolution authorizes deletion of a Financial Assistant-FM&O
position (14701-01354) in the Department of Public Works and
reclassification of an Office Supervisor II position (14701-03646)
to Supervisor-FM&O Administrative Services (from grade 10 to grade
11), also in the Department of Public Works.
2) Implementation of the proposed changes will result in an annual
savings of $59,940 with a $14,186 savings for the remainder of
1993.
3) The following budget amendments are recommended which will transfer
$14,186 to General Fund Contingency:
FACILITIES MAINTENANCE & OPERATIONS (FUND 63100)
3-63100-147-01-00-2312 Revenue $ 14,186
4-63100-147-01-00-1001 Salaries $ (9,977)
4-63100-147-01-00-2074 Fringe Benefits (4,209)
Total Expense $(14,186)
- 0 -
GENERAL FUND (FUND 10100)
4-10100-902-01-00-6311 Maint. Dept. Charges $(14,186)
4-10100-909-01-00-9900 Contingency $ 14,186
- 0 -
FINANCE COMMITTEE
Moved by Gosling supported by Oaks the resolution be adopted.
AYES: McCulloch, Miltner, Moffitt, Oaks, Palmer, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Jensen, Johnson, Kaczmar, Kingzett. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. September 23, 1993
351
REPORT (Misc. #93190)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - RELOCATION AND LEASE FOR
52ND DISTRICT COURT-3RD DIVISION PROBATION DEPARTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Miscellaneous Resolution #93190,
reports with the recommendation that the resolution be adopted with the
attached amendments to the lease (following Page 5), as submitted by the Office
of Corporation Counsel.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
Copy of Lease and Lease Changes on file in County Clerk's office.
MISCELLANEOUS RESOLUTION #93190
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: CORPORATION COUNSEL/REAL ESTATE SECTION: RELOCATION AND LEASE FOR 52ND
DISTRICT COURT-3RD DIVISION PROBATION DEPARTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland is the control unit for the 52nd District
Court; and
WHEREAS the 52nd District Court, 3rd Division, is located at 135 Barclay
Circle, Rochester Hills; and
WHEREAS the 52nd District Court, 3rd Division, Probation Department is
presently leasing 1,399 S/F in the Midway Office Building located on Hampton
Circle at a rate of $18.50 per S/F plus $550 a month for furniture and
telephone equipment; and
WHEREAS the location of the Probation Department in the Midway Office
Building is some three buildings from the 52nd District Court, 3rd Division;
and
WHEREAS a new lease agreement has been proposed to relocate the 52nd
District Court, 3rd Division, Probation Department to the Hampstead Properties
Office Suite which is adjacent to existing 52nd District Court, 3rd Division;
and
WHEREAS the rental rate of $14.75 per S/F for 1,493 S/F has been
negotiated at the Hampstead Properties Suite; and
WHEREAS this Lease will run consecutively with the existing 52nd District
Court, 3rd Division Lease and expire on December 31, 1998; and
WHEREAS the County Executive recommends the relocation and new lease
agreement for a savings of over $10,000 annually.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the new lease agreement at the Hampstead Properties
Office Suite.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs its Chairperson to execute the lease agreement at the Hampstead
Properties Office Suite for 1,493 S/F at the rate of $14.75 per S/F.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93190)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - RELOCATION AND LEASE FOR
52ND DISTRICT COURT-3RD DIVISION PROBATION DEPARTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed
Miscellaneous Resolution #93190 and finds:
Commissioners Minutes Continued. September 23, 1993
352
1) The 52nd District Court 3rd Division, Probation Department is
presently leasing 1,399 sq. ft. in the Midway Office Building
located on Hampton Circle, at a rate of $18.50 per sq. ft. plus
$550 per month for furniture and telephone equipment.
2) The location of the building is approximately three buildings from
the 52nd District Court 3rd Division.
3) A new lease agreement has been proposed to relocate the 52nd
District Court Probation Department to the Hampstead Properties
Office Suite, which is adjacent to the existing 52nd District Court
3rd Division.
4) A rental rate of $14.75 per sq. ft. for 1,493 sq. ft. has been
negotiated at the Hampstead Properties Suite.
5) The new lease will run consecutively with the existing 52nd
District Court 3rd Division and expire on December 31, 1998.
6) The new lease will result in a savings of approximately $10,000
annually, beginning in 1994.
FINANCE COMMITTEE
Moved by Palmer supported by Schmid the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Schmid the resolution be adopted.
Moved by Palmer supported by Schmid the resolution be amended to coincide
with the amendment recommended in the Finance Committee Report, as follows: In
the Hampstead Properties, East (A Michigan Co-Partnership) LEASE CHANGES:
1.) Originally: "...as is designated on Exhibit A attached..."
Changed to: "...as designated on Exhibit A attached..."
9.) Originally: "...existing carpet at the Premises after the date..."
Changed to: "...existing carpet at the Premises prior to occupancy
and also after the date..."
13.) Originally: "Indemnification. Tenant shall at all times save,
defend, indemnify, and hold Landlord
harmless from and against any and all loss, cost,
liability, damage, expense (including, without
limitation, reasonable attorneys' fees), penalties,
fines and claims whatsoever in connection with loss of
life, personal injury and/or damage to property arising
from its negligent acts or omissions, of Landlord, its
agents or employees.
Landlord shall at all times save, defend, indemnify,
and hold Tenant harmless from and against any and all
loss, cost, liability, damage, expense (including,
without limitation, reasonable attorneys' fees),
penalties, fines and claims whatsoever in connection
with loss of life, personal injury and/or damage to
property arising from any negligent or willful acts or
omissions of Landlord, its agents or employees."
Changed to: "Indemnification. Landlord shall indemnify and save
harmless Tenant from and against any and all loss, cost
(including attorneys' fees), damages, expense and
liability (including statutory liability and liability
under workmen's compensation laws) in connection with
claims for damages as a result of injury or death of
any person or property damage to any property sustained
by...Landlord...all persons...which arise from or in
any manner grow out of any act or neglect on or in the
Commissioners Minutes Continued. September 23, 1993
353
leased Premises by Landlord, Landlord's partners,
agents, employees, customers, invitees, contractors and
subcontractors.
Tenant shall indemnify and save harmless Landlord from
and against and all loss, cost (including attorneys'
fees), damages, expense and liability ( including
statutory liability and liability under workmen's
compensation laws) in connection with claims for
damages as a result of injury or death of any person or
property damage to any property sustained
by...Tenant...all other persons...which arise from or
in any manner grow out of any act or neglect on or in
the leased Premises by Tenant, agents, employees,
customers, invitees, contractors and subcontractors."
14.) Inserted: "Waiver of Subjugation. Landlord and Tenant agree to
exchange mutual waiver of subjugation from their
respective property insurance carriers."
ALL SUBSEQUENT NUMBERS CHANGED ACCORDINGLY
22.) Originally: "...pay any increase, and 1993 will be the base year."
Changed to: "...pay for any increase."
23.) Originally: "...school funding as part of the common area expense
of this building."
Changed to: "...school funding as part of its prorata share of this
building."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Miltner, Moffitt, Oaks, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93203
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - DISPOSITION OF PROPERTY HELD BY THE SHERIFF
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff of Oakland County, by letter of August 23, 1993 has
requested authority from the Board of Commissioners to dispose of recovered
stolen property which has been unclaimed for six months or more after
recovery, such authority being necessary pursuant to the provisions of Act 54
of the Public Act of 1959, as amended; said recovered stolen property to be
disposed of by manner of public auction to be held, Saturday, October 9, 1993.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners grants authority to the Sheriff of Oakland County to dispose of
such unclaimed property in accordance with the manner prescribed in Act 54 of
the Public Acts of 1959, as amended; such auction shall be held on Saturday,
October 9, 1993.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. September 23, 1993
354
Moved by Garfield supported by Moffitt the resolution be adopted.
AYES: Moffitt, Oaks, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Miltner. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc #93204)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: SHERIFF - ADDITIONAL HOURS FOR COURT DEPUTY POSITIONS/COURTHOUSE
SECURITY PROGRAM FOR 1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution
on September 15, 1993, reports with the recommendation that the resolution be
adopted with the following amendment:
Add: BE IT FURTHER RESOLVED that should it be necessary to fill vacant
PTNE Court Deputy/Courthouse Security positions during the
remainder of 1993, the Sheriff's Department is authorized to fill
the positions without seeking approval of the Personnel and Finance
Committees.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #93204
BY: Public Services Committee, Lawrence Obrecht, Chairperson
IN RE: SHERIFF - ADDITIONAL HOURS FOR COURT DEPUTY POSITIONS/COURTHOUSE
SECURITY PROGRAM FOR 1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Courthouse Security program was instituted in late 1992 under
the direction of the Sheriff; and
WHEREAS ten part-time non-eligible Court Deputy positions were created
for this program, funded at 1,000 hours each; and
WHEREAS due to unanticipated demands, the Sheriff Department has utilized
the Court Deputy positions at a level beyond that authorized and hours have
been exceeded; and
WHEREAS the Sheriff proposes to add additional hours to these positions
to cover the ground floor and first floor lobby entrances of the courthouse;
and
WHEREAS the Sheriff further proposes to expand the Courthouse Security
program to include monitoring activity at the northeast and east doors of the
courthouse; and
WHEREAS funds are available in the Sheriff Department salaries line item
to fully cover the costs of expanding these positions for 1993.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes 640 additional hours for 1993 for each of the ten (10)
Court Deputy positions in Sheriff/Corrective Services-Satellites/ Court
Detention:
4341207259 4341207264
4341207260 4341207265
4341207261 4341207266
4341207262 4341207267
4341207263 4341207268
BE IT FURTHER RESOLVED that these positions will revert back to 1,000
hr/yr in 1994 unless further action is taken in the 1994-1995 biennial budget
process.
Chairperson, on behalf of the Public Services Committee, I move the
Commissioners Minutes Continued. September 23, 1993
355
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93205
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: CIRCUIT COURT - USE MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners
established the Circuit Court Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements
and improvements as requested by the Circuit Court and approved by the Board of
Commissioners; and
WHEREAS the Court seeks to purchase needed equipment, furniture, and
other items listed below, since its capital outlay appropriation was
significantly reduced because of the existence of the Mediation Fund:
Office Furniture (for Assignment Office,
Pretrial Services, 12 chambers, including
chairs and work stations) $31,000
Equipment - printer stand, computer stand,
overhead cabinets, TDD machine, table top
copy machine, file cabinets 5,520
Audio Visual and miscellaneous training equipment 1,300
Due and Publications 4,000
Judge McDonald - Judge's furniture 3,200
Modular furniture for staff 6,500
WHEREAS the cost of the above numerated items is estimated to total
$51,520.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the use of $51,520 from the Circuit Court Civil
Mediation Fund for the above listed office equipment, furniture and other
items.
BE IT FURTHER RESOLVED that Miscellaneous Resolution #90177 be reviewed
by the Finance Committee to determine if there should be a change in the
capital outlay appropriation in our 1994/95 budget.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #93206)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY CORRECTIONS INTERIM PLAN AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the Public Services Committee
resolution entitled, "Community Corrections Interim Plan Agreement," reports
with the recommendation that the resolution be amended as follows:
In the third WHEREAS paragraph, line 7, delete the
words "modified and."
Commissioners Minutes Continued. September 23, 1993
356
In the NOW THEREFORE BE IT RESOLVED paragraph, line 2,
delete the word "interim;" same paragraph, line 3,
change the word "Plan" to --Planning-- and also insert
the word "Process."
Further, delete the entire BE IT FURTHER RESOLVED paragraph.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #93206
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: COMMUNITY CORRECTIONS INTERIM PLAN AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Community Corrections Board has conditionally approved
Oakland County's Comprehensive Correction Plan (CCP) with the following
proviso:
1. Residential Programs: The Comprehensive Corrections Plan is hereby
modified to include the continuation of the two residential programs within
Oakland County (the Alternative Center, Inc. and CPI, Inc.) for the period of
October 1, 1993 through March 31, 1994. During this time, Oakland County will
evaluate the need for continuation of these programs with the determination of
funding levels, if any, no later than February 1, 1994.
2. Utilization of Open Jail Beds for Otherwise Prison Bound Felons: The
County is committed to reducing its overcrowded jail problem. Our first
concern is to eliminate the need for renting jail beds from other counties
which currently stands at 45 to 60 per day; moreover, our jail facility remains
crowded, constantly hovering near or above its rated capacity. Once these
problems are alleviated - and certainly our Comprehensive Corrections Plan is
intended to alleviate this problem - we will work within the criminal justice
system to maintain an appropriate prison commitment rate and, if possible,
reduce reliance on unnecessary admissions to prison by utilizing available jail
space to its maximum capability; and
WHEREAS ongoing discussions are underway to resolve the concerns of the
Oakland County Community Corrections Advisory Board, Sheriff, Prosecuting
Attorney, Board of Commissioners and Executive; and
WHEREAS there is a consensus of these County agencies that the State
should provide Community Corrections funding for October 1, 1993 - March 31,
1994, and should fund a Community Corrections Manager who will work within the
County administration to collaborate with the Board of Commissioners, Sheriff,
Prosecuting Attorney and Community Corrections Advisory Board to facilitate the
comprehensive planning process in order to produce a modified and fully funded
Comprehensive Corrections Plan by February 1, 1994.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby approve Phase I of the interim Community Corrections
Plan for Oakland County as follows:
* Hire a Community Corrections Manager (Manager) and related clerical
support staff.
* Hold meetings with parties in interest and the Manager to obtain
detailed concerns in the CCP's development.
* Develop specific plans associated with the action steps to be
explored. Assess these action steps as to whether they would be cost
justified and the impact on State prison and County jail bed space
utilized.
* Evaluate the effectiveness of the two residential programs operated
within Oakland County.
* Assemble the necessary financial and statistical information in
support of the CCP.
* Develop the draft CCP, including a proposed operating budget for the
remaining portion of the fiscal year.
BE IT FURTHER RESOLVED THAT the Board of Commissioners does hereby
Commissioners Minutes Continued. September 23, 1993
357
approve the draft letters attached to this resolution.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of draft letters on file in County Clerk's Office.
FISCAL NOTE (Misc. #93206)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY CORRECTIONS INTERIM PLAN 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 #93 and finds:
1) The State Community Corrections Board has conditionally approved
Oakland County's Comprehensive Correction Plan.
2) Ongoing discussions are underway to resolve the concerns of the
Oakland County Community Corrections Advisory Board, Sheriff,
Prosecuting Attorney, Board of Commissioners and Executive.
3) The Manager will facilitate the comprehensive planning process in
order to produce a modified and fully funded Comprehensive
Corrections Plan by February 1, 1994.
4) Funding for Phase I of the Plan is as follows:
Manager-Salary and Fringe Benefits $38,000
Secretarial Support 12,000
Travel, Training and other costs 4,000
Administrative overhead (@ 15%) 8,100
TOTAL COSTS $62,100
=======
5) The budget will be amended upon receipt of the grant award in early
October 1993.
FINANCE COMMITTEE
Moved by Garfield supported by McCulloch the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Garfield supported by McCulloch the resolution be adopted.
Moved by Garfield supported by McCulloch the resolution be amended to
coincide with the amendment recommended in the Finance Committee Report:
In the third WHEREAS paragraph, line 7, delete the words "modified
and". In the NOW THEREFORE BE IT RESOLVED paragraph, line 2,
delete the word "interim"; same paragraph, line 3, change the word
"Plan" to "Planning" and also insert the word "Process".
Further, delete the entire BE IT FURTHER RESOLVED paragraph.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Oaks, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron,
Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Moffitt. (21)
NAYS: Miltner. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Commissioners Minutes Continued. September 23, 1993
358
MISCELLANEOUS RESOLUTION #93192
BY: Public Service Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE
PONTIAC SILVERDOME - 1993 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac has requested the Oakland County Sheriff's
Department to supply patrol officers for crowd and traffic control within the
Silverdome grounds for the upcoming 1993 football season; and
WHEREAS the Sheriff's Department has agreed to supply such patrol
officers on an availability overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by
the City of Pontiac at the hourly overtime rates for the 1993 season, as was
established by Miscellaneous Resolution #91181.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commission-
ers approves the execution of the attached contract consistent with provisions
contained therein.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
A G R E E M E N T
THIS AGREEMENT, made and entered into this 1st day of September, 1993, by
and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation
hereinafter called "County", and THE CITY OF PONTIAC, hereinafter called
"Pontiac," and
WHEREAS the Silverdome is the operator of a football stadium in Pontiac
and the County; and
WHEREAS the Silverdome, due to the absence of sufficient police traffic
services by Pontiac, and in recognition that said traffic services are required
on the public roads, Pontiac hereby contracts with the County to assure against
the lack of said traffic control on public streets adjacent to the Silverdome;
and
WHEREAS Pontiac agrees that staffing will be in coordination with the
Oakland County Sheriff's Department with regard to traffic assignments on the
public roads adjacent to the Silverdome at times before and after performances
at said stadium; and
WHEREAS the County is agreeable to provide a number of officers that the
Oakland County Sheriff's Department may have available for such purposes for
the consideration hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises of the parties
hereto, it is agreed as follows:
1. During 1993 at the Silverdome, for each performance and at reasonable
times immediately before and after such performances the County will provide,
under this agreement, patrol officers and supervision to provide traffic
control on the public roads adjacent to the Silverdome performance.
2. The City of Pontiac shall pay to the County for such services the sum
of $34.00, per hour, for each Deputy furnished by the County including court
time and $40.62, per hour, for each Sergeant.
3. The County shall bill Pontiac for such services on a monthly basis at
the end of each month beginning September, 1993, and Pontiac shall pay such
bill 15 days after billing. Interest of 1% each month shall be paid on any
outstanding balance from and after due date until paid.
4. The County shall comply with all laws, ordinances, rules,
regulations, and orders of any public authority bearing on the performance of
the work to be performed by the County.
5. The County shall be responsible for all acts and omissions of its
Deputies which it acknowledges and agrees are in the status of independent
contractors and not to employees or agents as to the City of Pontiac.
Commissioners Minutes Continued. September 23, 1993
359
6. The County shall assume responsibility for the conduct of its
Deputies in performing their duties while acting within the scope of their
employment on public roads and/or stadium grounds in accordance with terms of
this agreement.
7. The County agrees to pay all taxes in connection with the work of its
Deputies pursuant to this agreement and to provide pay for any and all related
employee benefits of its Deputies.
8. This Agreement shall terminate on December 31, 1993, or at any time
that the Pontiac shall be in default.
IN WITNESS THEREOF, the parties hereto have set their hands the day and
date first above written.
WITNESSES: COUNTY OF OAKLAND, A MICHIGAN
CONSTITUTIONAL CORPORATION
BY:
Larry P. Crake, Chairperson
Date Board of Commissioners
THE CITY OF PONTIAC
BY:
Wallace E. Holland, Mayor
Date
12. The Provisions of the foregoing Agreement are concurred in by:
BY:
L. Brooks Patterson Date
Oakland County Executive
BY:
John F. Nichols
Date
Oakland County Sheriff
FISCAL NOTE (MISC. #93192)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE
PONTIAC SILVERDOME - 1993 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
above named Miscellaneous Resolution and finds that the costs and revenue form
this contract were included in the 1993 Budget so no budget amendments are
necessary.
FINANCE COMMITTEE
Moved by Garfield supported by Price the resolution be adopted.
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Miltner, Moffitt, Oaks. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93191
Commissioners Minutes Continued. September 23, 1993
360
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution No.'s 7865, 7971, and 8664, accepted federal grants to defray a
portion of the costs of purchasing sirens to be utilized within the Oakland
County Tornado Warning System; and
WHEREAS the County's share of the costs will remain at twenty-five
percent, as has been the policy previously established by the Board of
Commissioners by various miscellaneous resolutions, whereby local units pay
seventy-five percent and the County twenty-five percent with the County being
responsible for the maintenance and electrical costs for the siren purchased;
and
WHEREAS the City of South Lyon and the Township of Brandon, have executed
the attached purchase agreements; and
WHEREAS consistent with the attached standard agreements, the City of
South Lyon and the Township of Brandon agree that Oakland County will retain
ownership of their sirens and will be responsible for the maintenance and the
electrical costs for said sirens purchased under the agreements.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the appropriation of $8,500.00, consistent with the
attached budget, as Oakland County's match.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is
contingent upon the execution of the attached written agreements between the
County and the City of South Lyon and the Township of Brandon.
BE IT FURTHER RESOLVED that the County Executive be and is hereby
authorized to execute said agreements.
BE IT FURTHER RESOLVED that written progress reports be presented to the
Public Services Committee by the Manager of the Emergency Medical Services and
Emergency Management Division and to the balance of the members of the Board of
Commissioners.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
. BUDGET SUMMARY
CITY OF SOUTH LYON AND TOWNSHIP OF BRANDON
$34,000.00* (2 Sirens) = $34,000.00
City of South Lyon Match (75%) $l2,750.00
Township of Brandon Match (75%) $l2,750.00
Oakland County Match (25%) $ 8,500.00
*Based on quotes submitted by Federal Signal Corporation and West Shore
Services.
Copy of Purchase Agreements on file in County Clerk's Office.
FISCAL NOTE (Misc. #93191)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed
Miscellaneous Resolution #93191 and finds:
Commissioners Minutes Continued. September 23, 1993
361
1) The City of South Lyon and the Township of Brandon have requested
to participate in the siren system through the purchase of two (2)
sirens.
2) The total estimated cost for both sirens is $34,000 ($17,000 each),
of which $25,500 (75%) is the total share for the City of South
Lyon ($12,750) and the Township of Brandon ($12,750).
3) The County's share is a total of $8,500 (25%) for the sirens.
4) Consistent with past agreements, the County will retain the
ownership of the sirens and will be responsible for maintenance and
electrical costs for the sirens.
5) Funds are available in the 1993 Contingency Account to cover the
County's share of the purchase cost.
6) The County's match of $8,500 is requested to be transferred from
the 1993 Contingency Account to the Disaster Control Unit line item
for Capital Outlay as follows:
4-10100-909-01-00-9900 Contingency ($8,500)
4-22100-177-05-00-5998 Disaster Control 8,500
$ - 0 -
========
FINANCE COMMITTEE
Moved by Garfield supported by Johnson the resolution be adopted.
AYES: Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Miltner, Moffitt, Oaks, Palmer. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93207
BY: Public Services Committee, John Garfield, Acting Chairperson
IN RE: COMPREHENSIVE COMMUNITY CORRECTIONS PLAN - RECISION OF PORTION OF
RESOLUTION #92189 AND AUTHORIZATION TO CREATE PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS, by Miscellaneous Resolution #92067, adopted May 7, 1992, the
Oakland County Board of Commissioners adopted a Comprehensive Community
Corrections Plan in accordance with PA 511 of 1988, as amended, and
WHEREAS, such plan, as it was submitted, was not accepted by the State of
Michigan, and
WHEREAS, by Miscellaneous Resolution #92189, adopted August 20, 1992, the
Oakland County Board of Commissioners directed the Oakland County Community
Corrections Advisory Board to inform the Michigan State Community Corrections
Advisory Board that the terms of the State's conditional approval were not
acceptable and that all efforts towards gaining adoption of the Oakland County
Community Corrections Plan, contingent on the proposed amendments, be
suspended, until or unless otherwise directed by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby rescind that portion of Miscellaneous Resolution
#92189 which suspends all efforts toward gaining adoption of the Oakland County
Community Corrections Plan, and does hereby direct the Oakland County Community
Corrections Advisory Board to begin the formulation of a Comprehensive
Community Corrections Plan for Oakland County.
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Garfield supported by McCulloch the resolution be adopted.
Commissioners Minutes Continued. September 23, 1993
362
AYES: Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
Miltner, Moffitt, Oaks, Palmer, Pernick. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93208
BY: Charles Palmer, Commissioner, District No. 16
IN RE: 52ND DISTRICT COURT/PROPOSED LEGISLATION TO ENHANCE EFFICIENT OPERATION
OF COURT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court is a district of the second class with
the County of Oakland as its designated control unit; and
WHEREAS the 52nd District Court is divided into the following elected
divisions:
(a) The first division consists of the cities of Novi, South Lyon,
Wixom and Walled Lake; and the townships of Milford, Highland,
Rose, White Lake, Commerce, Lyon, and Novi and has three judges.
(b) The second division consists of the townships of Springfield,
Independence, Holly, Groveland and Brandon and has one judge.
(c) The third division consists of the cities of Rochester, Auburn
Hills, and Lake Angelus; and the townships of Oxford, Addison,
Orion, Oakland and Avon and has three judges.
(d) The fourth division consists of the cities of Troy and Clawson and
has three judges; and
WHEREAS the Michigan State Supreme Court, by rule, may establish civil
and criminal trial divisions within the district court, which rules shall
provide for the rotation of judges among the trial divisions; and
WHEREAS the best interests of the county would be served if legislation
were enacted that would enable cases within the jurisdiction of 52nd District
Court to be transferred between and among the four previously mentioned
election divisions in order to enhance operating efficiency and provide for the
equitable distribution of workload.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners respectfully requests the State Legislature to amend the Revised
Judicature Act to enable cases within the jurisdiction of 52nd District Court
to be transferred between and among its four election divisions under rules
promulgated by the State Supreme Court.
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.
Chairperson, I move the adoption of the foregoing resolution.
Charles Palmer, District No. 16
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93209
BY: Nancy Dingeldey, County Commissioner, District #11
IN RE: UNFUNDED FEDERAL MANDATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS unfunded mandates on County governments have increased
significantly in recent years; and
WHEREAS federal mandates require compliance regardless of other pressing
local needs and priorities affecting the health, welfare and safety of all
citizens; and
WHEREAS excessive federal burdens on County governments force some
combination of higher local taxes and fees and/or reduced local services on
citizens and local taxpayers; and
WHEREAS federal mandates are too often inflexible, one size fits all
Commissioners Minutes Continued. September 23, 1993
363
requirements that impose unrealistic time frames and specify procedures or
facilities where less costly alternatives might be just as effective; and
WHEREAS existing mandates impose harsh pressures on local budgets and the
federal government has imposed a freeze upon funding to help compensate for new
mandates; and
WHEREAS the cumulative impact of these legislative and regulatory actions
directly affect the citizens of our County; and
WHEREAS on April 29, 1993 the Oakland County Board of Commissioners
unanimously adopted Miscellaneous Resolution #93047 aimed at eliminating
unfunded mandates; and
WHEREAS Oakland County, in conjunction with other state, local, and
national government representatives, has begun a national public education
campaign to help citizens understand and then reduce the burden and
inflexibility of unfunded mandates, beginning with a National Unfunded Mandates
Day on October 27, 1993.
NOW THEREFORE BE IT RESOLVED that the County of Oakland endorses the
efforts of the National League of Cities and supports working with NLC to fully
inform our citizens about the impact of federal mandates on our government(s)
and the pocketbooks of our citizens.
BE IT FURTHER RESOLVED that the County of Oakland endorses organizing and
participating in events to begin this process on October 27th.
BE IT FURTHER RESOLVED that the County of Oakland resolves to redouble
efforts to inform and work with members of our Congressional delegation to
inform them about the impact of federal mandates and take actions necessary to
reduce their burden on our citizens.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Oakland
County's delegation of Federal and State legislators and the Michigan
Association of Counties.
Chairperson, I move adoption of the foregoing resolution.
Nancy Dingeldey, Kay Schmid,
Donald W. Jensen, Lillian Oaks,
Lawrence Pernick, Hubert Price, Jr.,
John McCulloch, Shelley Taub,
Eugene Kaczmar, David Moffitt,
John P. Garfield, Donn L. Wolf,
Sue Douglas, Dennis N. Powers,
Charles Palmer, Jeff Kingzett,
Marilynn Gosling
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93210
BY: Dennis Powers, Commissioner, District #10
IN RE: GYPSY MOTH SUPPRESSION PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the gypsy moth is known to be in all municipalities of Oakland
County and has become a major insect pest in Michigan in the 1990's and major
nuisance to the citizens and businesses functioning in these distressed areas;
and
WHEREAS the gypsy moth knows no political boundaries and the most
effective suppression strategies need to be local government and county
coordinated; and
WHEREAS the gypsy moth poses a threat to vehicular and pedestrian traffic
due to slippery conditions on roads and walkways during the larvae and
caterpillar stages of the gypsy moth's life cycle; and
WHEREAS most communities are requesting that the County recognize the
severity of the gypsy moth issue by becoming the coordinating body for the
suppression of the insect in a most cost effective, pro-active county-wide
Commissioners Minutes Continued. September 23, 1993
364
approach; and
WHEREAS the gypsy moth county-wide suppression effort requires the
recognition and identification of the insect in each stage of its life cycle
and particularly during the egg mass stage to forecast density of populations
in selected areas of each of 61 municipalities; and
WHEREAS recognizing natural predator and terrestrial deterrents;
projecting larvae and caterpillar populations and levels of tree defoliation
from egg mass counts; informing and educating municipal leaders and citizens
about suppression alternatives; gaining local government leaders' decisions for
the suppression strategies they prefer and, where aerial applications of
bacterial suppressant is deemed necessary, plan, conduct and carry out a
coordinated aerial suppression on selected tracts; seeking and obtaining grants
and funding to reduce local cost; represent the major functions to be
performed; and
WHEREAS cost for the gypsy moth monitoring, insect infestation
projections, information and education will be borne by the local government
with various in-kind contributions from Oakland County by virtue of its role as
the coordinating entity for the suppression program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners acknowledges the severity and threat of the gypsy moth to the
health, safety and welfare of the general public and will coordinate the
monitoring and suppression of the insect on a county-wide basis in cooperation
with local communities, municipalities and state efforts to deter nuisance and
property loss to citizens and the business community.
BE IT FURTHER RESOLVED that the Oakland County Gypsy Moth Suppression
Program be advised by an Oakland County Gypsy Moth Committee consisting of
local government designated liaisons, County Commissioners, designated public
land liaisons, a Cooperative Extension representative, and a representative of
Oakland County Environmental Health for the function of communication;
reporting local concerns and recommending course(s) of action, including
notification of all residents prior to application.
BE IT FURTHER RESOLVED that the cost of this suppression program be borne
by those local communities that wish to participate, with Oakland County
contributing in-kind services as necessary.
I move the adoption of the foregoing resolution.
Dennis Powers, District #10
Thomas A. Law, David L. Moffitt
The Chairperson referred the resolution to the Public Services Committee.
There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referral:
GENERAL GOVERNMENT
a. Michigan Association of Counties - Revision of HB 4873
There were no objections to the referral.
The Chairperson stated the next meeting of the Board will be October 7,
1993 at 9:30 A.M.
The Board adjourned at 11:07 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson