HomeMy WebLinkAboutMinutes - 1993.11.18 - 8160
449
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
November 18, 1993
Meeting called to order by Chairperson Larry Crake at 9:58 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll Called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf.
(25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Lawrence Obrecht.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of November 4, 1993
Board meeting be approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda be amended as follows:
ITEMS ALREADY ON PRINTED AGENDA
FINANCE:
a. Dept. of Community and Economic Development - Request Authorization
of Payment for 1993-94 Membership Dues in the Eight Mile Boulevard
Association (Waive Rule XI., Procedure to Bring Matters Before the
Board.)
PUBLIC SERVICES
a. M.R. #93253, Sheriff's Department - Establishment of Law
Enforcement Services Agreements - 1/1/94-12/31/95 (Waive Rule
XXVII., Report was not included in the Board Package.)
ITEM NOT ON PRINTED AGENDA
PLANNING AND BUILDING:
a. Drain Commissioner - Authorize Issuance of Not-To-Exceed $7,500,000
Oakland County Refunding Bonds (City of Novi Wastewater Control
System) (Waiver of Rule XXVII, 5 day notification - P&B meeting
10/21 and, Waiver of Rule XI F-Direct referral to Finance
Committee)
AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
Commissioners Minutes Continued. November 18, 1993
450
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk read a thank you note from the family of Orin (Jack) McPherson.
The Chairperson set a Public Hearing on the County's 1994/1995 Biennial
Budget for December 9, 1993 at 10:00 A.M.. There were no objections.
Darling Berent addressed the Board regarding the excessive wait to get an
appointment for a mammogram with the Oakland County Health Department.
Commissioner Pernick asked the issue be put on the General Government
Committee's next agenda. The Chairperson stated he would follow up on the
issue. Betty Fortino also addressed the Board.
MISCELLANEOUS RESOLUTION #93263
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - REQUEST
AUTHORIZATION OF PAYMENT FOR 1993-94 MEMBERSHIP DUES IN THE EIGHT MILE
BOULEVARD ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93031 approved Oakland County's
participation in the 8 Mile Corridor Task Force; and
WHEREAS Oakland County has been an active member of the 8 Mile Corridor
Task Force through the Executive Office and the Planning Division, since August
1990; and
WHEREAS Oakland County staff member's participation on the 8 Mile
Corridor Task Force has been used as in-kind match for the UMTA grant used to
develop the 8 Mile Vision/Action Plan; and
WHEREAS the County Executive will consult and work with the Board of
Commissioners in partnership in the decisions discussed in the next step of the
process; and
WHEREAS the Oakland County Executive and Board of Commissioners believe
that an incremental approach is the best process to follow in addressing the
concerns of the 8 Mile Corridor effort; and
WHEREAS the commitment of the County of Oakland to any formal
organization with dues will require Board of Commissioner action.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners expresses its support for the County Executive and authorize
payment of 1993-94 membership dues to Eight Mile Boulevard Association in the
amount of $10,500.
BE IT FURTHER RESOLVED that the payment of membership dues in the amount
of $10,500 be made to the Eight Mile Boulevard Association from the Department
of Community Development - Administration budgeted line item Professional
Services 4-10100-191-01-00-3128.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Moved by McCulloch supported by McPherson the resolution be adopted.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93264
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY
Commissioners Minutes Continued. November 18, 1993
451
DEVELOPMENT DIVISION - 1993 BUDGET AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1993-94 U.S. Department of Housing and Urban Development
Community Development Block Grant (CDBG) was accepted in the amount of
$4,783,000 in addition to $644,849 in County Program Income, and $17,000 in
Community Program income for a total program amount of $5,444,849, with no
budget amendment made at the time of acceptance; and
WHEREAS the 1993-94 Emergency Shelter Grant (ESG) was accepted in the
amount of $52,000 with no budget amendment at the time of acceptance; and
WHEREAS the 1993-94 HOME Investment Partnership Act Grant in the amount
of $932,000 was accepted with a requirement for County matching funds in the
amount of $206,648, thereby allowing $3,502 to be returned to the General Fund
Non-Departmental Appropriation for Federal and State Program Match, with no
budget amendment made at the time of acceptance; and
WHEREAS the Oakland County Community Development Division has agreed that
the 1993-94 Budget would be amended once to reflect accurate detail of actual
balances and allocation in compliance with the Grantee Performance Report
prepared by the Community Development Division as well as actual grant awards
each year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners amends the 1993 Community Development Division Budget to reflect
the revisions as detailed in Schedules A, B, C, D and E.
BE IT FURTHER RESOLVED that the remaining Home Investment Partnership Act
Match funds of $3,502 (#4-10100-196-11-00-3380) be returned to the 1993 Federal
State Project Match.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Schedules A, B, C, D and E on file in County Clerk's Office.
Moved by McCulloch supported by Dingeldey the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93237)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: (OPPOSE) MENTAL HEALTH CODE REVISIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution, reports with the recommendation that the resolution be adopted with
the addition of, "BE IT FURTHER RESOLVED that copies of this resolution be
forwarded to the Michigan Association of Counties, Michigan Association of
Mental Health Boards and the Department of Mental Health."
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93237
BY: Commissioners Shelley Taub, Marilynn Gosling, Charles Palmer
IN RE: (OPPOSE) MENTAL HEALTH CODE REVISIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are currently proposed revisions to the State Mental Health
Commissioners Minutes Continued. November 18, 1993
452
Code which include and encourage the creation of a "Separate Governmental Legal
Entity", upon approval of the Board of Commissioners, and would eliminate any
governance of mental health services by the elected County Board of
Commissioners, including the approval of the County Mental Health's annual plan
and budget; and
WHEREAS these proposed revisions to the State Mental Health Code severely
undermine the good faith negotiations of our County with the State for the Full
Management Contract, and in fact, some of the proposed revisions punish Full
Management Counties by allowing those counties which form the newly proposed
"Separate Governmental Legal Entity", SGLE, to carry forward to the next fiscal
year up to 5% of unexpended funding; and
WHEREAS these revisions while limiting local match to a flat fee equal to
its appropriation in the fiscal year preceding the establishment of the SGLE or
FY 1992-93 whichever is greater, do not allow for other source funds to be
included in the computation of local match; and
WHEREAS the consequence of these proposed revisions, particularly the
creation of SGLE's, appear to be a reduction of the state's financial
obligation to care for the mentally ill and developmentally disabled adults and
children, and a shift of those costs to the counties while concurrently
reducing the counties' authority to manage the mental health care programs for
its citizens.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby oppose all of the proposed revisions to the State's
Mental Health Code which deal with the establishment of "Separate Governmental
Legal Entities", which shift state financial obligation to counties and which
violate the spirit and intent of the Full Management Agreement.
Chairperson, I move the adoption of the foregoing resolution.
Shelly Taub, Marilynn E. Gosling,
Charles Palmer
Moved by Jensen supported by Gosling the General Government Committee
report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Gosling the resolution be adopted.
Moved by Jensen supported by Gosling the resolution be amended to
correspond with the General Government report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Law,
McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Crake, Dingeldey. (19)
NAYS: Kaczmar, Kingzett, Oaks, Pernick, Price, Aaron. (6)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #93238)
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: OPPOSE STATE TRANSFER OF EXPIRED LEASES ON GROUP HOMES USED FOR
COMMUNITY MENTAL HEALTH SERVICES TO COUNTIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced
resolution, reports with the recommendation that the resolution be adopted with
the following amendment:
Commissioners Minutes Continued. November 18, 1993
453
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners opposes the state policy of withdrawing when leases
expire without carrying out its responsibility for proper
maintenance of homes and adherence to all applicable statutes and
regulations, including the Americans with Disabilities Act, and
putting the responsibility on counties.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93238
BY: Commissioners Shelley G. Taub, Marilynn Gosling, Charles Palmer
IN RE: OPPOSE STATE TRANSFER OF EXPIRED LEASES ON GROUP HOMES USED FOR
COMMUNITY MENTAL HEALTH SERVICES TO COUNTIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Mental Health intends to gradually
withdraw from its real estate function and will allow current state leases on
residential homes used by Community Mental Health Services Boards (CMHSBs) to
expire; and
WHEREAS upon the expiration date of a state lease, the Michigan
Department of Mental Health will notify the affected CMHSB of the expiration
and that the state will not renew the lease; and
WHEREAS the state's withdrawal from leases puts the burden on CMHSBs to
assume the obligation and raises numerous questions:
(1) What homes are affected by this policy - all or just those on which
Oakland County already holds service provider contracts?
(2) The state policy is vague in addressing maintenance and repair
responsibilities.
(3) Previous experience by CMHSBs indicate that state records on
maintenance and repair of dwellings are inadequate, thus hindering
the ability to establish future maintenance planning.
(4) Leases that are 10 to 15 years old and expire will require a new
appraisal to set an updated lease rate. Will the state cover this
increased cost?
(5) Responsibility for costs of future major maintenance on such as
septic systems and wells is unclear.
WHEREAS the aforementioned concerns and many others make it abundantly
clear that state transfer of leases on Group Homes used for Community Mental
Health Services to counties is not acceptable unless these concerns and
questions are fully addressed and clarified.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners opposes the state policy of withdrawing when leases expire and
putting the responsibility on counties.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the
Michigan Department of Mental Health and to the Michigan Association of
Counties.
Chairperson, I move the adoption of the foregoing resolution.
Shelley Taub, Marilynn Gosling,
Charles Palmer
Moved by Jensen supported by Taub the General Government Committee Report
be accepted.
Discussion followed.
Moved by Kingzett supported by McPherson the resolution be referred back
to the General Government Committee.
Discussion followed.
Commissioners Minutes Continued. November 18, 1993
454
Vote on Mr. Kingzett's motion:
A sufficient majority not having voted therefor, the motion failed.
Vote on Mr. Jensen's motion:
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Taub the resolution be amended to coincide
with the recommendation of the General Government Committee, i.e. the NOW
THEREFORE BE IT RESOLVED paragraph read as follows:
"NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners opposes the state policy of withdrawing when leases
expire without carrying out its responsibility for proper
maintenance of homes and adherence to all applicable statutes and
regulations, including the Americans with Disabilities Act, and
putting the responsibility on counties."
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Law,
McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (23)
NAYS: Kingzett, Pernick. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93215
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - OPTICAL SCAN VOTING SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS for the past 18 months the Oakland County Clerk's Office, in
conjunction with the County's Municipal and Township Clerks, has been
investigating alternative voting systems for use in Oakland County's 545
polling precincts; and
WHEREAS four types of voting systems are presently used in Oakland
County: optical scan, punch card, paper ballot and automatic voting machines
(AVM), these systems obligating the County to the printing of four types of
ballots: optical scan, punch card, paper ballot and machine; and
WHEREAS the punch card and AVM systems 1) are comprised of older
equipment, much of which is obsolete, and requires ever-increasing maintenance,
2) often aid in causing longer lines at polling precincts due to their drag on
the voting process by decreasing throughput speed, and 3) inevitably result in
slower ballot tabulation largely due to spoiled ballots because of over voting;
and
WHEREAS upon completion of its investigation, the Clerk's Office has
concluded that the optical scan system will provide immediate efficiency and
economic benefits through creation of a faster voting process, increased
accuracy, voter friendliness and standardization of equipment and voting system
across the County's polling precincts; and
WHEREAS local units of government are responsible for the acquisition and
provision of voting systems pursuant to Michigan law and that the capital
expenditures necessary to sufficiently provide each local unit with the
equipment necessary to establish a County-wide standardized optical scan voting
system may be burdensome to some of the local governmental units; and
WHEREAS the Oakland County Treasurer, as agent for the Delinquent Tax
Revolving Fund (DTRF) has determined that funds are available for loan to the
Oakland County Clerk/Register's Office, thus providing a mechanism to effect
the lease-purchase of the necessary optical scan voting system equipment by the
local units of government; and
Commissioners Minutes Continued. November 18, 1993
455
WHEREAS the local units of government may lease the optical scan voting
system equipment from the Clerk/Register's Office in accordance with the
attached lease agreement.
NOW THEREFORE BE IT RESOLVED that Oakland County Board of Commissioners
recommends that each local unit of government approve the optical scan voting
system and lease the associated equipment necessary to sufficiently provide for
their respective polling precincts.
BE IT FURTHER RESOLVED that Oakland County provide an amount not to
exceed $2,000,000 from the DTRF, in compliance with the terms and conditions
specified in Miscellaneous Resolution #89276, from which the Clerk/Register's
Office may borrow the necessary monies to acquire optical scan voting system
equipment for the purpose of leasing same to the local units of government.
BE IT FURTHER RESOLVED that the $2,000,000 from the DTRF is to be paid
back by each community in annual principal and interest payments not to exceed
six years.
BE IT FURTHER RESOLVED that no monies will be spent or committed except
as each community commits to said lease-back agreement.
BE IT FURTHER RESOLVED that this borrowing agreement shall not exceed six
years.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
and the County Treasurer, as agent of the DTRF, are authorized to execute the
attached Borrowing Agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
and the County Clerk are authorized to execute the attached lease-purchase
agreement with the local units of government.
On behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Revolving Fund Borrowing Agreement and Elections Systems Lease
Purchase Agreement on file in County Clerk's Office.
FISCAL NOTE (Misc. #93215)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - OPTICAL SCAN VOTING SYSTEM
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 #93215 and finds:
1) Conversion to an optical scan voting system would result in savings
to Oakland County in ballot costs and to local municipalities in
labor and postage costs. Non-monetary benefits also would be
realized, such as quicker election results and shorter waiting
lines at the polls.
2) Based on an analysis of the 1992 August primary and November
general elections, it is estimated that if all municipalities
converted to the optical scan voting system, Oakland County would
realize savings approximating $300,000 per general election year.
Over the six-year period of the proposed lease/purchase agreement,
potential savings could approximate $900,000.
3) The actual ballot savings realized each general election year
depends on several variables: the number of municipalities
converting to optical scan, the number of registered voters within
each municipality, the type of equipment that will be replaced, and
the expected voter turnout each year.
4) The County Executive Recommended Budget contains an appropriation
in 1994 of $800,000 for election supplies. As municipalities
convert to optical scan voting machines, the election supplies line
item should be reduced by an amount specified for each municipality
as detailed in the attached Schedule A, which is based on the study
of the 1992 ballot costs. These reductions will be presented to
the Finance Committee and the full Board of Commissioners with the
Commissioners Minutes Continued. November 18, 1993
456
quarterly forecast adjustments during 1994.
5) The Oakland County Clerk anticipates that there will be no costs to
Oakland County associated with converting to an optical scan voting
system.
6) Budget amendments are not recommended at this time, however, a new
fund (#26700) is authorized to account for the municipal
lease/purchase agreements and the transactions with the Delinquent
Tax Revolving Fund.
FINANCE COMMITTEE
Copy of Schedule A on file in County Clerk's Office.
Moved by Jensen supported by Law the resolution be adopted.
Discussion followed.
Moved by McCulloch supported by Palmer the resolution be amended in the
Lease Purchase Agreement in Sections 4 and 6 as follows:
"4. Lease Payments. LESSEE agrees to pay the COUNTY annually
without notice or demand. The Total Lease Purchase Price
(principal) for the Leased Equipment, as specified in Exhibit "A",
of $ , shall be payable in six (6) annual installments as
set forth in Exhibit "B". The first payment shall be interest
only. The remaining installments shall consist of five (5) equal
payments of principal together with interest on the unpaid balance.
The interest rate shall be equal to the Delinquent Tax Revolving
Fund average monthly rate paid on its outstanding borrowings or the
six (6) month Treasury Bill rate [determined as of the first (1st)
of each month], whichever is higher. The interest charge shall be
computed on a 360 day per year basis. The principal may be prepaid
in whole or in part with accrued interest without penalties. The
Lease payment is unconditional in all events and will not be
subject to any set-off, defense, counterclaims, or recoupment for
any reason whatsoever, including without limitation, any failure of
the Equipment."
"6. Repair and Maintenance. A six (6) year warranty is provided
by BUSINESS RECORDS CORPORATION. Thereafter, all necessary
maintenance, repairs, replacement parts, and software upgrades
shall be the responsibility of LESSEE."
A sufficient majority having voted therefor, the motion carried.
Discussion followed.
Moved by Law supported by Miltner the resolution be amended by clarifying
that it is the OPTECH optical scan voting system and should be noted as such
throughout the resolution.
The Chairperson stated a "YES" vote would specify "OPTECH" and a "NO"
vote would not.
AYES: Huntoon, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Price, Schmid, Wolf, Aaron, Crake, Garfield. (15)
NAYS: Gosling, Johnson, Oaks, Obrecht, Palmer, Pernick, Powers, Taub,
Dingeldey, Douglas. (10)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Huntoon, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Price, Schmid, Wolf, Aaron, Crake, Garfield.
Commissioners Minutes Continued. November 18, 1993
457
(17)
NAYS: Johnson, Palmer, Pernick, Powers, Taub, Dingeldey, Douglas,
Gosling. (8)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #93265
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM/INTERNAL REVENUE CODE
REQUIREMENTS FOR QUALIFIED PLAN STATUS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Rules and Regulations Governing the Oakland County Employees'
Retirement System provide that: Section 64. (a) The County intends the
retirement system to be a qualified pension plan under Section 401 of the
Internal Revenue Code, as amended, or successor provisions of the law, and that
the trust be an exempt organization under Section 501 of the Internal Revenue
Code. The Retirement Commission may adopt, or recommend to the Board of County
Commissioners for adoption, such additional provisions to the retirement system
as are necessary to fulfill this intent; and
WHEREAS the Retirement System has been operated as a defined benefit plan
pursuant to plan provisions and applicable collective bargaining agreements;
and
WHEREAS the Retirement System has always been administered as a qualified
trust and plan pursuant to applicable sections of the Internal Revenue Code;
and
WHEREAS the Internal Revenue Service as a condition to issuing qualified
plan determination letter has requested certain amendments to the plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners amend the defined benefit plan of the Oakland County Employees'
Retirement System by adding the following plan provisions to existing sections
of the plan:
Section 3(c) amended to include the following language in conformity with
Internal Revenue Code (IRC) section 401(a) (17):
"Compensation" means the salary or wages paid in money to an
employee for personal services rendered the County while a member of the
retirement system. Salary and wages shall include overtime pay;
longevity pay; payments in consideration of unused vacation and sick
leave to the extent permitted under the member's collective bargaining
agreement or the merit system rules. Compensation shall not include any
remuneration or reimbursement not specifically stated to be included.
FOR YEARS BEGINNING AFTER DECEMBER 31, 1988, THE ANNUAL
COMPENSATION OF EACH PARTICIPANT TAKEN INTO ACCOUNT UNDER THE PLAN FOR
ANY YEAR SHALL NOT EXCEED $200,000. THIS LIMITATION SHALL BE ADJUSTED BY
THE SECRETARY AT THE SAME TIME AND IN THE SAME MANNER AS UNDER SECTION
415(D) OF THE CODE, EXCEPT THAT THE DOLLAR INCREASE IN EFFECT ON JANUARY
1 OF ANY CALENDAR YEAR IS EFFECTIVE FOR YEARS BEGINNING IN SUCH CALENDAR
YEAR AND THE FIRST ADJUSTMENT TO THE $200,000 LIMITATION IS EFFECTED ON
JANUARY 1, 1990. IF A PLAN DETERMINES COMPENSATION ON A PERIOD OF TIME
THAT CONTAINS FEWER THAN 12 CALENDAR MONTHS, THEN THE ANNUAL COMPENSATION
LIMIT IS AN AMOUNT EQUAL TO THE ANNUAL COMPENSATION LIMIT FOR THE
CALENDAR YEAR IN WHICH THE COMPENSATION PERIOD BEGINS MULTIPLIED BY THE
RATIO OBTAINED BY DIVIDING THE NUMBER OF FULL MONTHS IN THE PERIOD BY 12.
IN DETERMINING THE COMPENSATION OF A PARTICIPANT FOR PURPOSES OF
THIS LIMITATION, THE RULES OF SECTION 414(Q) (6) OF THE CODE SHALL APPLY,
EXCEPT IN APPLYING SUCH RULES, THE TERM "FAMILY" SHALL INCLUDE ONLY THE
SPOUSE OF THE PARTICIPANT AND ANY LINEAL DESCENDANTS OF THE PARTICIPANT
WHO HAVE NOT ATTAINED AGE 19 BEFORE THE CLOSE OF THE YEAR. IF, AS A
RESULT OF THE APPLICATION OF SUCH RULES THE ADJUSTED $200,000 LIMITATION
IS EXCEEDED, THEN (EXCEPT FOR PURPOSES OF DETERMINING THE PORTION OF
COMPENSATION UP TO THE INTEGRATION LEVEL IF THIS PLAN PROVIDES FOR
Commissioners Minutes Continued. November 18, 1993
458
PERMITTED DISPARITY), THE LIMITATION SHALL BE PRORATED AMONG THE AFFECTED
INDIVIDUALS IN PROPORTION TO EACH SUCH INDIVIDUAL'S COMPENSATION AS
DETERMINED UNDER THIS SECTION PRIOR TO THE APPLICATION OF THIS
LIMITATION.
IF COMPENSATION FOR ANY PRIOR PLAN YEAR IS TAKEN INTO ACCOUNT IN
DETERMINING AN EMPLOYEE'S CONTRIBUTIONS OR BENEFITS FOR THE CURRENT YEAR,
THE COMPENSATION FOR SUCH PRIOR YEAR IS SUBJECT TO THE APPLICABLE ANNUAL
COMPENSATION LIMIT IN EFFECT FOR THAT PRIOR YEAR. FOR THIS PURPOSE, FOR
YEARS BEGINNING BEFORE JANUARY 1, 1990, THE APPLICABLE ANNUAL
COMPENSATION LIMIT IS $200,000.
Section 23 amended to include the following language in conformity with
Internal Revenue Code (IRC) Section 401(a) (25):
A member may elect to have pension payments made under any one, and
only one, of the following forms of payment and name a survivor
beneficiary. The election and naming of survivor beneficiary shall be
made on a form furnished by and filed with the retirement system prior to
the date the first pension payment is made. An election of form of
payment may not be changed on or after the date the first pension payment
is made. A named survivor beneficiary may not be changed on or after the
date the first pension payment is made if form of payment A, B or D is
elected. A named survivor beneficiary may be changed or may be more than
one person if form of payment SL or C is elected. A named survivor
beneficiary must have an insurable interest in the life of the member or
vested former member when named.
Payment shall be made under form of payment SL if there is not a
timely election of another form of payment.
The amount of pension under forms of payment A, B, C, D or E shall
have the same actuarial present value, computed as of the effective date
of the pension, as the amount of pension under form of payment SL. ACTUARIAL AS
No payments shall be made to a survivor beneficiary under form of
payments A, B, C or D if duty death benefits under Section 33 become
payable on account of the death of the retired member.
Form of Payment SL - Straight Life Pension. The retired member is
paid a pension for life under form of payment SL. All payments stop upon
the death of the retired member.
Form of Payment A - Life Payments with Full Continuation to
Survivor Beneficiary. The retired member is paid a reduced pension for
life under form of payment A. Upon the death of the retired member
during the lifetime of the named survivor beneficiary, the named survivor
beneficiary is paid the full amount of reduced pension until death.
Form of Payment B - Life Payments with One-Half Continuation to
Survivor Beneficiary. The retired member is paid a reduced pension for
life under form of payment B. Upon the death of the retired member
during the lifetime of the named survivor beneficiary, the named survivor
beneficiary is paid one-half the amount of reduced pension until death.
Form of Payment C - Life Payments with Ten Years Certain. The
retired member is paid a reduced pension for life under form of payment
C. Upon the death of the retired member, if the retired member received
fewer than 120 monthly pension payments, the named survivor beneficiary
is paid the full amount of reduced pension for the remainder of 120
months. If the named survivor beneficiary has died before the retired
member, or dies before the 120 months have elapsed, the remaining monthly
payments shall be paid to the estate of the last alive of the retired
member and the named survivor beneficiary.
Form of Payment D - Life Payments with Continuation to Survivor
Beneficiary with Pop-up.
(1) Full Continuation - The retired member is paid a reduced
pension for life under form of payment D-1. Upon the death of the
retired member during the lifetime of the named survivor beneficiary, the
named survivor beneficiary is paid the full amount of reduced pension
until death. Should the named survivor beneficiary die before the
retired member, the retired member's pension shall be recomputed (pop-up)
Commissioners Minutes Continued. November 18, 1993
459
to a straight life pension (form of payment SL).
(2) One-Half Continuation - The retired member is paid a reduced
pension for life under form of payment D-2. Upon the death of the
retired member during the lifetime of the named survivor beneficiary, the
named survivor beneficiary is paid one-half the amount of reduced pension
until death. Should the named survivor beneficiary die before the
retired member, the retired member's pension shall be recomputed (pop-up)
to a straight life pension (form of payment SL).
Form of Payment E - Life Payments with Social Security Equating.
The retired member is paid an increased pension until age 65 and a
reduced pension for life thereafter under form of payment E. The
increased pension payable until age 65 shall approximate the sum of the
reduced pension payable after age 65 and the retiring member's estimated
age 65 Social Security primary insurance amount. Form of payment E is
available only to members who retire after attaining age 60 and before
attaining age 65. All payments stop upon the death of the retired
member.
BE IT FURTHER RESOLVED that the Defined Benefit Plan of the Oakland
County Employees' Retirement System is hereby amended by adding the following
new plan provisions to Section 64 of the Plan and amend Section 64(b) to change
the existing language in conformity with Internal Revenue Code (IRC) Section
415:
(a) The County intends the retirement system to be a qualified
pension plan under Section 401 of the Internal Revenue Code, as amended,
or successor provisions of law, and that the trust be an exempt
organization under Section 501 of the Internal Revenue Code. The
Retirement Commission may adopt, or recommend to the Board of County
Commissioners for adoption, such additional provisions to the retirement
system as are necessary to fulfill this intent.
(b) Retirement benefits provided under this Resolution shall not
exceed the governmental plan limits set forth in Internal Revenue Code
Section 415 and rulings pertaining thereto AND THE REGULATIONS
THEREUNDER.
(C) THE CORPUS OR INCOME OF THE TRUST MAY NOT BE DIVERTED TO OR
USED FOR OTHER THAN THE EXCLUSIVE BENEFIT OF THE PARTICIPANTS OR THEIR
BENEFICIARIES.
(D) (1) ALL DISTRIBUTIONS REQUIRED UNDER THIS ARTICLE SHALL BE
DETERMINED AND MADE IN ACCORDANCE WITH THE PROPOSED REGULATIONS UNDER
SECTION 401(A) (9) OF THE CODE, INCLUDING THE MINIMUM DISTRIBUTION
INCIDENTAL BENEFIT REQUIREMENT OF SECTION 1.401(A) (9)-2 OF THE PROPOSED
REGULATIONS.
(D) (2) THE REQUIRED BEGINNING DATE OF DISTRIBUTIONS TO A
PARTICIPANT SHALL BE THE LATER OF APRIL 1 OF THE CALENDAR YEAR FOLLOWING
THE CALENDAR YEAR IN WHICH THE PARTICIPANT ATTAINS AGE 70 1/2 OR APRIL 1
OF THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE EMPLOYEE
RETIRES.
(E) IN THE EVENT OF TERMINATION OR PARTIAL TERMINATION OF THIS
PLAN, THE RIGHTS OF ALL AFFECTED EMPLOYEES TO BENEFITS ACCRUED TO THE
DATE OF SUCH TERMINATION OR PARTIAL TERMINATION (TO THE EXTENT FUNDED AS
OF SUCH DATE) SHALL BE NONFORFEITABLE.
BE IT FURTHER RESOLVED that the Defined Benefit Plan of the Oakland
County Employees' Retirement System is hereby amended by adding the following
new Section 69:
THIS ARTICLE APPLIES TO DISTRIBUTIONS MADE ON OR AFTER JANUARY 1,
1993. NOTWITHSTANDING ANY PROVISION OF THE PLAN TO THE CONTRARY THAT
WOULD OTHERWISE LIMIT A DISTRIBUTEE'S ELECTION UNDER THIS ARTICLE, A
DISTRIBUTEE MAY ELECT, AT THE TIME AND IN THE MANNER PRESCRIBED BY THE
PLAN ADMINISTRATOR, TO HAVE ANY PORTION OF AN ELIGIBLE ROLLOVER
DISTRIBUTION PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN SPECIFIED BY
THE DISTRIBUTEE IN A DIRECT ROLLOVER. AS OF JANUARY 1, 1993 THE ONLY
LUMP SUM PAYMENTS PERMITTED BY THE PLAN ARE FOR NON-VESTED PARTICIPANTS
WHO TERMINATE SERVICE.
Commissioners Minutes Continued. November 18, 1993
460
DEFINITIONS
(1) ELIGIBLE ROLLOVER DISTRIBUTION: AN ELIGIBLE ROLLOVER DISTRIBUTION
IS ANY DISTRIBUTION OF ALL OR ANY PORTION OF THE BALANCE TO THE
CREDIT OF THE DISTRIBUTEE, EXCEPT THAT AN ELIGIBLE ROLLOVER
DISTRIBUTION DOES NOT INCLUDE: ANY DISTRIBUTION THAT IS ONE OF A
SERIES OF SUBSTANTIALLY EQUAL PERIODIC PAYMENTS (NOT LESS
FREQUENTLY THAN ANNUALLY) MADE FOR THE LIFE (OR LIFE EXPECTANCY) OF
THE DISTRIBUTEE OR THE JOINT LIVES (OR JOINT LIFE EXPECTANCIES) OF
THE DISTRIBUTEE AND THE DISTRIBUTEE'S DESIGNATED BENEFICIARY, OR
FOR A SPECIFIED PERIOD OF TEN YEARS OR MORE; ANY DISTRIBUTION TO
THE EXTENT SUCH DISTRIBUTION IS REQUIRED UNDER SECTION 401(A) (9)
OF THE CODE; AND THE PORTION OF ANY DISTRIBUTION THAT IS NOT
INCLUDABLE IN GROSS INCOME (DETERMINED WITHOUT REGARD TO THE
EXCLUSION FOR NET UNREALIZED APPRECIATION WITH RESPECT TO EMPLOYER
SECURITIES).
(2) ELIGIBLE RETIREMENT PLAN: AN ELIGIBLE RETIREMENT PLAN IS AN
INDIVIDUAL RETIREMENT ACCOUNT DESCRIBED IN SECTION 408(A) OF THE
CODE, AN INDIVIDUAL RETIREMENT ANNUITY DESCRIBED IN SECTION 408(B)
OF THE CODE, AN ANNUITY PLAN DESCRIBED IN SECTION 403(A) OF THE
CODE, OR A QUALIFIED TRUST DESCRIBED IN SECTION 401(A) OF THE CODE,
THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER DISTRIBUTION.
HOWEVER, IN THE CASE OF AN ELIGIBLE ROLLOVER DISTRIBUTION TO THE
SURVIVING SPOUSE, AN ELIGIBLE RETIREMENT PLAN IS AN INDIVIDUAL
RETIREMENT ACCOUNT OR INDIVIDUAL RETIREMENT ANNUITY.
(3) DISTRIBUTEE: A DISTRIBUTEE INCLUDES AN EMPLOYEE OR FORMER
EMPLOYEE. IN ADDITION, THE EMPLOYEE'S OR FORMER EMPLOYEE'S
SURVIVING SPOUSE AND THE EMPLOYEE'S OR FORMER EMPLOYEE'S SPOUSE OR
FORMER SPOUSE WHO IS THE ALTERNATE PAYEE UNDER A QUALIFIED DOMESTIC
RELATIONS ORDER, AS DEFINED IN SECTION 414(P) OF THE CODE, ARE
DISTRIBUTEES WITH REGARD TO THE INTEREST OF THE SPOUSE OR FORMER
SPOUSE.
(4) DIRECT ROLLOVER: A DIRECT ROLLOVER IS A PAYMENT BY THE PLAN TO THE
ELIGIBLE RETIREMENT PLAN SPECIFIED BY THE DISTRIBUTEE.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Moved by Gosling supported by Aaron the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub,
Aaron, Crake, Douglas, Garfield, Gosling, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93262)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PERSONNEL - AMEND RES. #93164, TEMPORARY PROCEDURE FOR VACANT POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution
on November 10, 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
FISCAL REPORT (Misc. #93262)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL - AMEND RES. #93164, TEMPORARY PROCEDURE FOR VACANT POSITIONS
Commissioners Minutes Continued. November 18, 1993
461
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed the above-referenced resolution and
recommends its adoption.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #93262
BY: Marilynn Gosling, Commissioner, District #14
IN RE: PERSONNEL - AMEND RES. #93164, TEMPORARY PROCEDURE FOR VACANT POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by adoption of
Resolution #93164, created a temporary procedure to limit the filling of vacant
County positions; and
WHEREAS this temporary procedure has provided an effective method of cost
containment, while preserving vacant positions for placement of employees who,
with the adoption of the 1994 County Budget, may have faced layoff; and
WHEREAS it is disadvantageous for the County to hire and train new
employees, while simultaneously prohibiting the transfer and promotion of
existing County employees and while laying off present employees who will
receive unemployment compensation benefits.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby amend Res. #93164, Personnel Department - Temporary
Procedure for Vacant Positions, to allow vacancies in any position, except
those identified for deletion in the Executive's recommended 1994/1995 Budget
and those vacated as a result of the Early Retirement Incentive Program as
provided in Res. #93165, to be filled by transfer or promotion of current
County employees.
Chairperson, I move the adoption of the foregoing resolution.
Marilynn E. Gosling, District #14,
Kevin Miltner, Nancy Dingeldey,
Shelley Taub, Donald W. Jensen,
Charles Palmer, John P. Garfield,
Lillian Jaffe Oaks, Jeff Kingzett,
Sue Ann Douglas, Thomas A. Law,
Donna Huntoon, David L. Moffitt,
Dennis N. Powers, Donn L. Wolf,
Ruel McPherson, Eugene Kaczmar,
Kay Schmid, John McCulloch,
Hubert Price, Jr.
Moved by Gosling supported by Obrecht the Personnel Committee report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Obrecht the Finance Committee report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Jensen the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. November 18, 1993
462
MISCELLANEOUS RESOLUTION #93266
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR
1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the
Board of Commissioners for Grades 1-21 provide for a review and appeal process
for departments and employees wishing to challenge the salary grade placement
of classifications; and
WHEREAS the Third Quarterly Report for 1993 was submitted to the
Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
process; and
WHEREAS funds have been established in the Classification and Rate Change
fund to implement salary grade changes resulting from salary administration
quarterly report recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes
implementation of changes in salary grade placement as shown:
Salary Grade
Classification From: To: Location-Position
Paralegal 7 8 41101-05783 New class of
Victim
(3 positions only) Advocate
41101-05785 (Reg OT)
7 9 41101-05784 New class of
Victim
Advocate
Supervisor (Reg
OT)
Survey Party Crewleader 9 10 Retitle to Survey
Party Supervisor
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93267
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1994 WAGE REOPENER AND ONE YEAR CONTRACT
EXTENSION OF LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY POLICE OFFICERS LABOR
COUNCIL (BUILDING SAFETY ATTENDANTS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Police Officers Labor Council have
been negotiating a 1994 wage rate pursuant to Appendix A of the 1992-1994
contract covering approximately twenty-three (23) Building Safety Attendants in
the Building Safety Unit of the Public Works Department; and
WHEREAS the parties have reached agreement regarding the 1994 wage rate
and have further agreed to extend the current contract through 1995 and said
agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee which
recommends approval of the agreement.
Commissioners Minutes Continued. November 18, 1993
463
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland and the Police Officers Labor Council is hereby approved; and that the
Chairperson of this Board, on behalf of the County of Oakland, is authorized to
execute said agreement, a copy of which is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in County Clerk's Office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #93246
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1993 WAGE RE-OPENER AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, MICHIGAN COUNCIL 25, LOCAL 3075 (PROSECUTOR'S
INVESTIGATORS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the American Federation of State,
County and Municipal Employees, AFL-CIO, Michigan Council 25, Local 3075, have
been negotiating a 1993 wage rate covering seven (7) Prosecutor's Investigator
employees of the Oakland County Prosecuting Attorney's Office pursuant to the
1991 - 1993 collective bargaining agreement; and
WHEREAS an agreement has been reached with these employees for the period
December 26, 1992 through December 31, 1993 and said agreement has been reduced
to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland, the Oakland County Prosecutor, and Local 3075, American Federation of
State, County and Municipal Employees, AFL-CIO, Michigan Chapter 25, is hereby
approved; and that the Chairperson of this Board, on behalf of the County of
Oakland, is authorized to execute said agreement, copy of which is attached
hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement and 1993 Wages on file in the County
Clerk's Office.
FISCAL NOTE (Misc. #93246)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1993 WAGE REOPENER FOR EMPLOYEES REPRESENTED BY
THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, MICHIGAN
COUNCIL 25, AFL-CIO LOCAL 3075 (PROSECUTOR'S INVESTIGATORS)
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 #93246 and finds:
1) The County of Oakland, the Oakland County Prosecutor, and the
American Federation of State, County and Municipal Employees,
Michigan Council 25, AFL-CIO Local 3075 have reached an agreement
to determine the 1993 wage rate for the Prosecutor's Investigators
represented by this bargaining unit.
2) The agreement stipulates a 3% salary increase for 1993 retroactive
to December 26, 1992.
3) The agreement sets two different salary schedules as follows:
Prosecutor's Investigators hired prior to 1/1/81:
Commissioners Minutes Continued. November 18, 1993
464
$40,733 Flat Rate, plus contribute 3% of their total wages to
their retirement plan.
Prosecutor's Investigators hired after 1/1/81:
$39,547 Flat Rate, with no contribution to the Retirement
Plan, but coverage to be the same as non-represented County
employees.
4) Funds are available in the Prosecuting Attorney's 1993 budget to
cover the 3% salary increase, therefore no additional
appropriations are required for 1993.
FINANCE COMMITTEE
Moved by Gosling supported by Oaks the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93268
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO
EXCEED $7,500,000 OAKLAND COUNTY REFUNDING BONDS (CITY OF NOVI WASTEWATER
CONTROL SYSTEM)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of
Michigan, 1957, as amended, the City of Novi (the "City") and the County of
Oakland (the "County") have entered into the North Huron Valley/Rouge Valley
Wastewater Control System - Oakland County Contract dated as of February 1,
1988, and certain revisions to the contract (said contract as revised
hereinafter referred to as the "Contract"); and
WHEREAS pursuant to the Contract the County has issued its North Huron
Valley/Rouge Valley Wastewater Control System (City of Novi) Bonds dated as of
March 1, 1989 (the "Prior Bonds"), in the original principal amount of
$8,200,000 to defray part of the cost of the North Huron Valley/Rouge Valley
Wastewater Control System - Oakland County; and
WHEREAS the Prior Bonds were issued in anticipation of payments to be
made to the County by the City pursuant to the Contract; and
WHEREAS the Prior Bonds remain outstanding in the aggregate principal
amount of $7,150,000, mature in various principal amounts on May 1 in the years
1994 through 2008 and bear interest at rates per annum which vary from 5.00% to
10.00%; and
WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as
amended ("Act 202") authorizes the County to refund all or any part of its
funded indebtedness; and
WHEREAS the County Drain Commissioner, as County Agency, (the "County
Agency") has recommended that this resolution be adopted in order to effect the
refunding of all or part of the Prior Bonds, and this Board of Commissioners
has determined that it is in the best interest of the City and the County that
such refunding be undertaken.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY
OF OAKLAND:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County of Oakland,
aggregating the principal sum of not to exceed Seven Million Five Hundred
Thousand Dollars ($7,500,000) (the "Refunding Bonds") shall be issued and sold
pursuant to the provisions of Act 202, and other applicable statutory
provisions, for the purpose of refunding all or part of the Prior Bonds.
2. BOND DETAILS. The Refunding Bonds shall be designated "Oakland
County Refunding Bonds (City of Novi Wastewater Control System); shall be dated
as of such date as shall be approved by the County Agency at the time of sale;
Commissioners Minutes Continued. November 18, 1993
465
shall be numbered from 1 upwards; shall be fully registered; shall be in the
denomination of $5,000 each or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 8% per annum to
be determined upon the sale thereof payable on such dates as shall be
determined by the County Agency at the time of sale; and shall mature on such
dates and in such years as shall be determined by the County Agency at the time
of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest
on the Refunding Bonds shall be payable in lawful money of the United States.
Principal shall be payable upon presentation and surrender of the Refunding
Bonds to the bond registrar and paying agent as they severally mature.
Interest shall be paid to the registered owner of each bond as shown on the
registration books at the close of business on the fifteenth day of the
calendar month preceding the month in which the interest payment is due.
Interest shall be paid when due by check or draft drawn upon and mailed by the
bond registrar and paying agent to the registered owner at the registered
address.
4. PRIOR REDEMPTION. The Refunding Bonds shall be subject to
redemption prior to maturity upon such terms and conditions as shall be
determined by the County Agency at the time of sale.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate, and may enter into an agreement with, a bond registrar and paying
agent for the Refunding Bonds which shall be a bank or trust company located in
the State of Michigan which is qualified to act in such capacity under the laws
of the United States of America or the State of Michigan. The County Treasurer
from time to time as required may designate a similarly qualified successor
bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding
Bonds shall be executed in the name of the County by the facsimile signatures
of the Chairman of the Board of Commissioners and the County Clerk and
authenticated by the manual signature of an authorized representative of the
bond registrar and paying agent, and the seal of the County (or a facsimile
thereof) shall be impressed or imprinted on the Refunding Bonds. After the
Refunding Bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer to
the purchaser upon receipt of the purchase price. Additional Refunding Bonds
bearing the facsimile signatures of the Chairman of the Board of Commissioners
and the County Clerk and upon which the seal of the County (or a facsimile
thereof) is impressed or imprinted may be delivered to the bond registrar and
paying agent for authentication and delivery in connection with the exchange or
transfer of the Refunding Bonds. The bond registrar and paying agent shall
indicate on each Refunding Bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender
thereof to the bond registrar and paying agent with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney, at the option of the
registered owner thereof, may be exchanged for Refunding Bonds of any other
authorized denominations of the same aggregate principal amount and maturity
date and bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the
County, which shall be kept for that purpose by the bond registrar and paying
agent, upon surrender of such Refunding Bond together with a written instrument
of transfer satisfactory to the bond registrar and paying agent duly executed
by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar
and paying agent on behalf of the County shall cancel the surrendered Refunding
Bond and shall authenticate and deliver to the transferee a new Refunding Bond
or Bonds of any authorized denomination of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered
Refunding Bond. If, at the time the bond registrar and paying agent
authenticates and delivers a new Refunding Bond pursuant to this section,
Commissioners Minutes Continued. November 18, 1993
466
payment of interest on the Refunding Bonds is in default, the bond registrar
and paying agent shall endorse upon the new Refunding Bond the following:
"Payment of interest on this bond is in default. The last date to which
interest has been paid is _________, ____."
The County and the bond registrar and paying agent may deem and treat the
person in whose name any Refunding Bond shall be registered upon the books of
the County as the absolute owner of such Refunding Bond, whether such Refunding
Bond shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such Refunding Bond and for all other purposes,
and all payments made to any such registered owner, or upon his order, in
accordance with the provisions of Section 3 of this resolution shall be valid
and effectual to satisfy and discharge the liability upon such Refunding Bond
to the extent of the sum or sums so paid, and neither the County nor the bond
registrar and paying agent shall be affected by any notice to the contrary.
The County agrees to indemnify and save the bond registrar and paying agent
harmless from and against any and all loss, cost, charge, expense, judgment or
liability incurred by it, acting in good faith and without negligence
hereunder, in so treating such registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange Refunding Bonds or portions of Refunding Bonds which have been
selected for redemption.
8. FORM OF BONDS. The Refunding Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY REFUNDING BOND
(CITY OF NOVI WASTEWATER CONTROL SYSTEM)
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges
itself indebted to, and for value received hereby promises to pay to, the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond
at ________________________________________________________, the bond registrar
and paying agent, or at such successor bond registrar and paying agent as may
be designated pursuant to the Resolution, and to pay to the Registered Owner,
as shown on the registration books at the close of business on the 15th day of
the calendar month preceding the month in which an interest payment is due, by
check or draft drawn upon and mailed by the bond registrar and paying agent by
first class mail postage prepaid to the Registered Owner at the registered
address, interest on such Principal Amount from __________, 1993, or such later
date through which interest has been paid until the County's obligation with
respect to the payment of such Principal Amount is discharged, at the rate per
annum specified above. Interest is payable on the first days of ___________
and __________ in each year, commencing on __________, 19__. Principal and
interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of
______________________________ Thousand Dollars ($__________) issued by the
County under and pursuant to and in full conformity with the Constitution and
Statutes of Michigan (especially Act No. 202, Public Acts of 1943, as amended)
and a resolution adopted by the Board of Commissioners of the County (the
"Resolution") for the purpose of refunding the County's outstanding North Huron
Commissioners Minutes Continued. November 18, 1993
467
Valley/Rouge Valley Wastewater Control System (City of Novi) Bonds maturing in
the years ____ through ____. The bonds of this series are issued in
anticipation of, and the principal of and interest on the bonds are payable
from, moneys to be received by the County from the City of Novi in payment of
its obligations under a certain contract dated February 1, 1988, between the
County and the City of Novi. The full faith and credit of the City of Novi
have been pledged for the making of such payments. As additional security for
the payment of the principal of and interest on the bonds of this series the
full faith and credit of the County are hereby pledged. Taxes imposed by the
City of Novi and the County are subject to limitation as to rate or amount.
This bond is transferable, as provided in the Resolution, only upon the
books of the County kept for that purpose by the bond registrar and paying
agent, upon the surrender of this bond together with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his attorney duly authorized in writing. Upon the
exchange or transfer of this bond a new bond or bonds of any authorized
denomination, in the same aggregate principal amount and of the same interest
rate and maturity, shall be authenticated and delivered to the transferee in
exchange therefor as provided in the Resolution, and upon payment of the
charges, if any, therein provided. Bonds so authenticated and delivered shall
be in the denomination of $5,000 or any integral multiple thereof not exceeding
the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to ____________, ____, are not subject to redemption
prior to maturity. Bonds maturing on and after ____________, ____, are subject
to redemption prior to maturity at the option of the County, in such order as
shall be determined by the County, on any one or more interest payment dates on
and after ____________, ____. Bonds of a denomination greater than $5,000 may
be redeemed in part in amounts of $5,000 or any integral multiple thereof. If
less than all of the bonds maturing in any year are to be redeemed, the bonds
or portions of bonds to be redeemed shall be selected by lot. The redemption
price shall be the par value of the bond or portion of the bond called to be
redeemed plus interest to the date fixed for redemption and a premium as
follows:
% of the par value if called for redemption on or after
__________, ____, but prior to __________, ____;
% of the par value if called for redemption on or after
__________, ____, but prior to __________, ____;
% of the par value if called for redemption on or after
__________, ____, but prior to __________, ____.
Not less than thirty days' notice of redemption shall be given to the
registered owners of bonds called to be redeemed by mail to each registered
owner at the registered address. Bonds or portions of bonds called for
redemption shall not bear interest on and after the date fixed for redemption,
provided funds are on hand with the bond registrar and paying agent to redeem
the same. It is hereby certified, recited and declared that all acts,
conditions and things required to exist, happen and be performed precedent to
and in the issuance of the bonds of this series, existed, have happened and
have been performed in due time, form and manner as required by law, and that
the total indebtedness of the County, including the series of bonds of which
this bond is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk
and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication
has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: __________________________ By:
Commissioners Minutes Continued. November 18, 1993
468
________________________________
County Clerk Chairman, Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned
Resolution. _______________________________
Bond Registrar and Paying Agent
By: __________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
____________________________________________________________________________
(please print or type name, address and taxpayer identification number of
transferee) the within bond and all rights thereunder and does hereby
irrevocably constitute and appoint
_______________________________________________ attorney to transfer the within
bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: _______________ _______________________________
Signature Guaranteed:
_______________________________
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature
guarantee program.
9. SECURITY. The Refunding Bonds shall be issued in anticipation of
payments to be made by the City pursuant to the Contract. The Refunding Bonds
shall be secured primarily by the full faith and credit pledge made by the City
in the Contract. As additional and secondary security, the full faith and
credit of the County are hereby pledged for the prompt payment of the principal
of and interest on the Refunding Bonds as the same shall become due. If the
City shall fail to make its payments to the County which are sufficient to pay
the principal of and interest on the Refunding Bonds as the same shall become
due, then an amount sufficient to pay the deficiency shall be advanced from the
general fund of the County.
10. PRINCIPAL AND INTEREST FUND. There has been established for the
Prior Bonds a Principal and Interest Fund which shall be kept in a separate
bank account. From the proceeds of the sale of the Refunding Bonds there shall
be set aside in the Principal and Interest Fund any premium and accrued
interest received from the purchasers at the time of delivery of the same. All
payments received from the City pursuant to the Contract are pledged for the
payment of the principal of and interest on the Refunding Bonds and expenses
incidental thereto and as received shall be placed in the Principal and
Interest Fund. The County Treasurer shall transfer moneys in the Principal and
Interest Fund to the bond registrar and paying agent for the Refunding Bonds as
necessary for the payment of the principal of and interest on the Refunding
Bonds.
11. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional redemption, the
principal of, premium, if any, and interest on all or any portion of the
Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall
be defeased with respect to such bonds, and the owners of those Refunding Bonds
shall have no further rights under this Bond Resolution except to receive
payment of the principal of, premium, if any, and interest on such Refunding
Bonds from the cash or securities deposited in trust and the interest and gains
thereon and to transfer and exchange the Refunding Bonds as provided herein.
12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the
proceeds of the Refunding Bonds shall be used to pay the issuance expenses of
the Refunding Bonds and to establish an escrow fund for the Prior Bonds being
Commissioners Minutes Continued. November 18, 1993
469
refunded by the issuance of the Refunding Bonds. After the issuance expenses
have been paid or provided for the remaining proceeds shall be used to
establish an escrow fund (the "Escrow Fund") consisting of cash and
investments in direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United States of
America or other obligations the principal of and interest on which are fully
secured by the foregoing and used to pay the principal of, interest on and
redemption premiums on the Prior Bonds being refunded. The Escrow Fund shall
be held by a trustee (the "Trustee") in trust pursuant to an escrow agreement
(the "Escrow Agreement") which irrevocably shall direct the Trustee to take all
necessary steps to call the Prior Bonds being refunded for redemption at such
time as shall be determined in the Escrow Agreement. The County Treasurer is
authorized to select the Trustee and enter into the Escrow Agreement on behalf
of the County. The amounts held in the Escrow Fund shall be such that the cash
and the investments and the income received thereon will be sufficient without
reinvestment to pay the principal of, interest on and redemption premiums on
the Prior Bonds being refunded when due at maturity or call for redemption as
required by the Escrow Agreement.
13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Refunding Bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan and the County Agency hereby
is authorized and directed to make application to the Department of Treasury
for permission to issue and sell the Refunding Bonds as provided by the terms
of this resolution.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The
County Agency is authorized to determine the portion of the Prior Bonds to be
refunded and the principal amount of the Refunding Bonds to be sold and to
prescribe the form of the notice of sale for the Refunding Bonds. The County
Agency is authorized to sell the Refunding Bonds in accordance with the laws of
this state and to do all things necessary to effectuate the sale, issuance,
delivery, transfer and exchange of the Refunding Bonds in accordance with the
provisions of this resolution.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of
proof of ownership of an unmatured Refunding Bond, of satisfactory evidence
that the bond has been lost, apparently destroyed or wrongfully taken and of
security or indemnity which complies with applicable law and is satisfactory to
the County Treasurer, the County Treasurer may authorize the bond registrar and
paying agent to deliver a new executed Refunding Bond to replace the Refunding
Bond lost, apparently destroyed or wrongfully taken in compliance with
applicable law. In the event an outstanding matured Refunding Bond is lost,
apparently destroyed or wrongfully taken, the County Treasurer may authorize
the bond registrar and paying agent to pay the Refunding Bond without
presentation upon the receipt of the same documentation required for the
delivery of a replacement Refunding Bond. The bond registrar and paying agent,
for each new Refunding Bond delivered or paid without presentation as provided
above, shall require the payment of expenses, including counsel fees, which may
be incurred by the bond registrar and paying agent and the County in the
premises. Any Refunding Bond delivered
pursuant the provisions of this Section 15 in lieu of any Refunding Bond lost,
apparently destroyed or wrongfully taken shall be of the same form and tenor
and be secured in the same manner as the Refunding Bond in substitution for
which such Refunding Bond was delivered.
16. TAX COVENANT. The County covenants to comply with all applicable
requirements of the Internal Revenue Code of 1986, as amended necessary to
assure that the interest on the Refunding Bonds will be and will remain
excludable from gross income for federal income tax purposes. The County
Agency, the County Treasurer and other appropriate County officials are
authorized to do all things necessary (including the making of such covenants
of the County as shall be appropriate) to assure that the interest on the
Commissioners Minutes Continued. November 18, 1993
470
Refunding Bonds will be and will remain excludable from gross income for
federal income tax purposes.
17. OFFICIAL STATEMENT. The County Agency is authorized to cause the
preparation of an official statement for the Refunding Bonds for purpose of
enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act
of 1934, as amended (the "Rule") and to do all other things necessary to enable
compliance with the Rule. After the award of the Refunding Bonds, the County
will provide copies of a "final official statement" (as defined in paragraph
(e)(3) of the Rule) on a timely basis and in reasonable quantity as requested
by the purchasers to enable the purchasers to comply with paragraph (b)(4) of
the Rule and the rules of the Municipal Securities Rulemaking Board. 18.
CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #93268)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF NOT TO
EXCEED $7,500,000 OAKLAND COUNTY REFUNDING BONDS (CITY OF NOVI WASTEWATER
CONTROL SYSTEM)
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 #93268 and finds:
1) The resolution authorizes the issuance of refunding bonds with the
County pledging full faith and credit with the City of Novi as the primary
obligor.
2) The aggregate principal amount of the bond issue is not to exceed
$7,500,000 at an interest rate not to exceed 8%.
3) The previous bonds were issue with a principal amount of $8,200,000 at
an average interest rate of 7.62%
4) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of October 31, 1993, the outstanding debt is
$318,769,030.83 or approximately 1.1% of the S.E.V. This refunding will not
increase the amount of outstanding debt.
5) Of the total project, the County's apportionment is 0%.
FINANCE COMMITTEE
Moved by Palmer supported by Schmid the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93253)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES
AGREEMENTS - JANUARY 1, 1994 - DECEMBER 31, 1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed Miscellaneous Resolution #93253
reports with the recommendation that the resolution be amended by adding the
following BE IT FURTHER RESOLVED paragraph:
Commissioners Minutes Continued. November 18, 1993
471
BE IT FURTHER RESOLVED that consistent with Miscellaneous
Resolution #90004, the positions identified on Schedule B,
including Personnel,
are contingent upon contract continuance and revenues received for
this service.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing Report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #93253
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT
SERVICES AGREEMENTS - JANUARY 1, 1994 - DECEMBER 31, 1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contracts with Townships, Village
and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS new contract rates have been developed for the 24-month period
January 1, 1994, through December 31, 1995, consistent with the attached
report.
NOW THEREFORE BE IT RESOLVED that the following rates be established per
officer for Law Enforcement Services for the period January 1, 1994, through
December 31, 1995.
1994 1995
Captain 95,940 99,923
Lieutenant 87,382 91,095
Patrol Sergeant 82,088 85,709
Detective Sergeant 81,233 84,720
Patrol Deputy (with Fill-in) 81,198 84,718
Patrol Deputy (with no Fill-in) 71,692 74,869
Patrol Deputy (with no Fill-in & 64,699 67,696
no vehicle)
Patrol Investigator 70,837 73,880
Patrol Deputy I (with no Fill-in) 58,145 60,746
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the
Chairperson of the Board, County Executive and Sheriff to sign agreements for
Law Enforcement Services at these established standard rates.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Law Enforcement Patrol Services Annual Contract Rates - 1994/95
on file in the County Clerk's Office.
FISCAL NOTE (Misc. #93253)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES
AGREEMENTS - JANUARY 1, 1994 - DECEMBER 31, 1995
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #93253 and finds that these rates and expenses for
this service will be included in the 1994-1995 Biennial Budget. No Budget
Amendments are necessary at this time.
FINANCE COMMITTEE
Copy of Schedules A and B on file in County Clerk's Office.
Moved by Obrecht supported by Garfield the resolution be adopted.
AYES: Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Commissioners Minutes Continued. November 18, 1993
472
Pernick, Powers, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93254
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994/1995 MINI-CONTRACT
OVERTIME RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contractual agreements with
various communities and organizations for the purpose of providing deputies for
traffic and security assignments for various activities and events; and
WHEREAS the Sheriff's Department will provide assistance based on the
availability of officers at the appropriate overtime rate and will invoice the
requesting agency at rates established by the Board of Commissioners; and
WHEREAS overtime rates have been developed for 1994/1995; and
WHEREAS the Board of Commissioners desires to have rates consistent with
the Law Enforcement Patrol Services contract rates for governmental units
within Oakland County as a service to its citizenry, and rates which conform to
actual costs for all others which has been the practice of the Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establishes the following hourly overtime rates for the period
January 1, 1994, through December 31, 1995, for each officer for the purpose of
providing contracted traffic and security services:
OAKLAND COUNTY
MUNICIPALITIES ALL OTHERS
1994 Rates 1995 Rates 1994 Rates 1995 Rates
Lieutenant $45.95 $47.33 $53.20 $54.79
Sergeant 42.56 43.84 48.68 50.14
Patrol Deputy II 35.49 36.55 40.60 41.82
Patrol Deputy I 26.27 27.05 36.25 37.34
BE IT FURTHER RESOLVED that each contract between the Sheriff's
Department and participating communities or organizations be approved by the
Board of Commissioners prior to implementation of the agreement, with the
exception of communities already under contractual agreement for Sheriff's Law
Enforcement Patrol Services.
BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security
Assistance for activities and events within a community which is under
contractual agreement for Sheriff's Law Enforcement Patrol Services, may be
entered into at the prevailing, established contract overtime rates, upon the
review and approval of the Management and Budget Department. Such approval or
disapproval shall be signed by the Director of Management and Budget, conveyed
to the Sheriff in written form and an informational copy of the
approval/disapproval of such mini-contract request will be simultaneously
provided to the Public Services Committee.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Sheriff's Department 1994/95 Contract Overtime
Rates on file in the County Clerk's Office.
Commissioners Minutes Continued. November 18, 1993
473
FISCAL NOTE (Misc. #93254)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994/1995 MINI-CONTRACT
OVERTIME RATES
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 #93254 and finds that these rates and expenses for
this service will be included in the 1994-1995 Biennial Budget. No Budget
Amendments are necessary at this time.
FINANCE COMMITTEE
Moved by Obrecht supported by Douglas the resolution be adopted.
AYES: McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Pernick,
Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93255
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994/1995 JAIL BOARDING FEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners established daily jail boarding fee
rates of $60.53 for 1992 and $62.79 for 1993 by Miscellaneous Resolution #91182
for the housing of out-of-county prisoners at the Oakland County Jail; and
WHEREAS a daily jail boarding fee for the housing of prisoners for local
units of government was waived by the Board of Commissioners on MR #91182 for
both 1992 and 1993; and
WHEREAS projected costs to house prisoners at the Oakland County Jail in
1994 and 1995 substantiate rate increases for jail boarding fees consistent
with the attached schedules.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establishes jail boarding fee rates for housing of out-of-county
prisoners at the Oakland County Jail of $68.27 per day in 1994 and $70.18 per
day in 1995.
BE IT FURTHER RESOLVED that the Board continue the policy of not charging
a daily rate for the housing of prisoners at the Oakland County Jail for local
units of government for the period January 1, 1994, through December 31, 1995.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #93255)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994/1995 JAIL BOARDING FEES
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 #93255 and finds that these rates and expenses for
this service will be included in the 1994-1995 Biennial Budget. No budget
amendments are necessary at this time.
FINANCE COMMITTEE
Moved by Obrecht supported by Miltner the resolution be adopted.
Commissioners Minutes Continued. November 18, 1993
474
AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Pernick, Powers,
Price, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93256
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994 DISPATCH SERVICES CONTRACT
RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contractual agreements with
various communities and organizations for the purpose of providing dispatch
services; and
WHEREAS dispatch costs have been developed by the County Executive's
Office for 1994; and
WHEREAS the Board of Commissioners desires to have rates consistent with
the Law Enforcement Patrol Services contract rates for governmental units
within Oakland County as a service to its citizenry, and rates which conform to
actual costs for all others.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establishes the following per call dispatch service rates for the
period January 1, 1994, through December 31, 1994:
1994 RATES
OAKLAND COUNTY 1994 RATES
MUNICIPALITIES ALL OTHERS
Charge per Call $13.80 $15.30
BE IT FURTHER RESOLVED that each contract between the Sheriff's
Department and additional communities or organizations be approved by the Board
of Commissioners prior to implementation of the agreement.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #93256)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ESTABLISHMENT OF 1994 DISPATCH SERVICES CONTRACT
RATES
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 #93256 and finds that these rates and expenses for
this service will be included in the 1994-1995 Biennial Budget. No budget
amendments are necessary at this time.
FINANCE COMMITTEE
Moved by Obrecht supported by McPherson the resolution be adopted.
Discussion followed.
Moved by Kingzett supported by Huntoon that the resolution be amended to
cap the dispatch service charges at $2,500.00 annually for communities with
populations of 1,500 or less.
Discussion followed.
Commissioners Minutes Continued. November 18, 1993
475
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #93257)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1993/1994 SECONDARY ROAD PATROL - ACT 416
GRANT/APPLICATION ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution
on September 29, 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 #93257
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1993/94 SECONDARY ROAD PATROL - ACT 416 GRANT
APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #89105 requires the Liaison Committee to
review the acceptance of all grants that vary more than fifteen (15) percent
from the grant application/award; and
WHEREAS the Michigan Department of State Police - Office of Highway
Safety Planning has approved the Secondary Road Patrol And Traffic Accident
Prevention Program grant in the amount of $543,203 for the period October 1,
1993 through September 30, 1994 as detailed in Schedule A; and
WHEREAS the grant program funding is $507,540 (93%) funded by the State
and $35,663 (7%) funded by the County; and
WHEREAS this award is a decrease of $50,942 (8.5%) from the 1992/93 grant
award as amended in total ($39,423 (7.2%) reduction of State funding and
$11,519 (24.4%) reduction in County match) which precipitates a deletion of two
(2) Deputy II positions and two (2) vehicles; and
WHEREAS the contract has been reviewed and approved in accordance with
the County Executive's contract review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1993/94 Secondary Road Patrol grant in the amount of
$543,203 (State - $507,540, County - $35,663) as detailed in Schedule A.
BE IT FURTHER RESOLVED that the Board of Commissioners deletes two (2)
Deputy II positions (#4363002000 and 4363007326) funded by the Secondary Road
Patrol grant in the Protective Services Traffic Unit and two patrol vehicles
from the County Leased Vehicle fleet.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the agreement and approve amendments and contract
extensions not to exceed fifteen percent (15%) variance which are consistent
with the agreement as approved.
BE IT FURTHER RESOLVED that the future level of service, including
personnel, shall be contingent upon the level of State funding available for
this program, and acceptance of this grant does not obligate the County to any
further commitment.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
Commissioners Minutes Continued. November 18, 1993
476
PUBLIC SERVICES COMMITTEE
Copy of Schedule A on file in the County Clerk's Office.
FISCAL NOTE (Misc. #93257)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1993/94 SECONDARY ROAD PATROL - ACT 416 GRANT
APPLICATION/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 #93257 and finds:
1) The Oakland County Sheriff's Department has been awarded a
Secondary Road Patrol grant through the Michigan Department of
State Police - Office of Highway Safety Planning in the amount of
$543,203 for the period October 1, 1993 through September 30, 1994.
2) This award is a decrease of $50,942 from the 1992/93 grant award as
amended which precipitates a deletion of two (2) Deputy II
positions and two (2) vehicles.
3) The grant program funding is $507,540 (93%) funded by the State and
$35,663 (7%) funded by the County funding six (6) Deputy II Road
Patrol positions.
4) The grant award will amend the 1993 Budget as detailed in Schedule
A.
FINANCE COMMITTEE
Copy of Schedule A on file in County Clerk's Office.
Moved by Obrecht supported by Wolf the Personnel Committee report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Wolf the resolution be adopted.
AYES: Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93251
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION (TOWNSHIP OF ADDISON)
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 1980 was the last year for federal funding for warning and
communications. However, letters of interest for funding are submitted on a
yearly basis; and
WHEREAS Oakland County has been notified that $l,300 is available for
l993 in a 50/50 match basis for the upgrade of a fire siren to a tornado
warning siren; 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
Commissioners Minutes Continued. November 18, 1993
477
responsible for the maintenance and electrical costs for the siren purchased;
and
WHEREAS the Township of Addison has executed the attached purchase
agreement and has agreed to pay seventy-five percent of the total estimated
cost of their siren; and
WHEREAS consistent with the attached standard agreements, the Township of
Addison agrees that Oakland County will retain ownership of their siren
receiver/ timer assembly and will be responsible for the maintenance and the
electrical costs for said siren receiver and timer assembly purchased under the
agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners submit a grant application and accept an amount of $l,300.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorize the appropriation of $325.00, 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 agreement between the
County and the Township of Addison.
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
Copy of Purchase Agreement on file in the County Clerk's Office.
COUNTYWIDE OUTDOOR WARNING SYSTEM GRANT NARRATIVE
From 1976 to 1980, Oakland County received federal grant money for an
outdoor siren warning system. Currently, there are 158 sirens on the system,
109 were purchased in part with federal funds.
No money has been available since 1981. However, we have continued to
submit letters of interest for warning and communication funds. As like last
year, this year we were tentatively approved for $l,300. For l993, Addison
Township was the only community to process a siren upgrade purchase.
BUDGET SUMMARY
TOWNSHIP OF ADDISON
Upgrade of a fire siren into a tornado warning system = $2,600.00
Federal Government Match (50%) $l,300.00
Township of Addison Match (75%) of remainder 975.00
Oakland County Match (25%) of remainder 325.00
*Based on quotes submitted by Federal Signal Corporation and West Shore
Services.
FISCAL NOTE (Misc. #93251)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION (TOWNSHIP OF ADDISON)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed
Commissioners Minutes Continued. November 18, 1993
478
Miscellaneous Resolution #93251 and finds:
1) The Township of Addison has issued a purchase agreement for the
upgrade of a fire siren into a tornado warning system.
2) The total cost of the siren is $2,600, of which the federal
government has agreed to pay fifty (50%) percent ($1,300).
3) The Township of Addison has agreed to pay seventy-five (75%)
percent ($975) of the total estimated cost of their siren.
4) The County of Oakland is required to match the total cost of the
siren by twenty-five (25%) percent ($325).
5) Consistent with past agreements, the County will retain ownership
and be responsible for the maintenance and electrical costs for the
siren receiver/timer assembly.
6) Funds are available in the 1993 Contingency Account to cover the
County's share of the purchase cost.
7) The County's match of $325 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 ($325)
4-22100-177-05-00-5998 Disaster Control 325
$ -0-
======
8) It is further requested that the Board of Commissioners submit an
application for the federal match of $1,300 and accept the funds,
to be transferred to EMS-Disaster Control revenue (#3-22100-177-05-
00-2340).
FINANCE COMMITTEE
Moved by Obrecht supported by Powers the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #93252
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION - CITY OF AUBURN HILLS
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 Auburn Hills has executed the attached purchase
agreement and has agreed to pay seventy-five percent of the total estimated
cost of their siren; and
WHEREAS consistent with the attached standard agreement, the City of
Auburn Hills agrees that Oakland County will retain ownership of their siren
and will be responsible for the maintenance and the electrical costs for said
siren purchased under the agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the appropriation of $4,000, consistent with the
attached budget, as Oakland County's match.
Commissioners Minutes Continued. November 18, 1993
479
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 Auburn Hills.
BE IT FURTHER RESOLVED that the County Executive be and is hereby
authorized to execute said agreement.
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
Copy of Purchase Agreement on file in the County Clerk's Office.
BUDGET SUMMARY
CITY OF AUBURN HILLS
1 Siren = $16,000.00
City of Auburn Hills Match (75%) $12,000.00
Oakland County Match (25%) 4,000.00
*Based on quotes submitted by Federal Signal Corporation and West Shore
Services.
FISCAL NOTE (Misc. #93252)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM
EXPANSION - CITY OF AUBURN HILLS
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 #93252 and finds:
1) The City of Auburn Hills has issued a purchase agreement for a
siren.
2) The total cost of the siren is $16,000, of which $12,000 (75%) is
the City of Auburn Hills' share and the County's share is $4,000
(25%).
3) Consistent with past agreements, the County will retain ownership
of the siren and be responsible for the maintenance and electrical
costs.
4) Funds are available in the 1993 Contingency Account to cover the
County's share of the purchase cost.
5) The County's match of $4,000 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 ($4,000)
4-22100-177-05-00-5998 Disaster Control 4,000
$ -0-
========
FINANCE COMMITTEE
Moved by Obrecht supported by Kingzett the resolution be adopted.
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Obrecht. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. November 18, 1993
480
In accordance with Rule XXII, the Chairperson made the following
referrals:
FINANCE
a. Purchasing Div. - Contract Exception Report for month of October
GENERAL GOVERNMENT
a. Arenac County Bd. of Comm. - Withhold Funds, HB4875
b. St. Joseph Bd. of Comm. - (Oppose) New Court Funding Law
c. Ben Marks - Resignation on Solid Waste Planning Committee
d. City of Farmington Hills - Request to fill Ben Marks position on the
Solid Waste Planning Committee with Nancy Bates
e. Purchasing Div. - Contract Exception Report for month of October
PERSONNEL
a. Suzanne Farran - (Oppose) Misc. Res. #93248, Inclusion of CMH employees
in Merit System
PLANNING AND BUILDING
a. Purchasing Div. - Contract Exception Report for month of October
PUBLIC SERVICES
a. Purchasing Div. - Contract Exception Report for month of October
OTHERS
Equalization
a. Ind. Fac. Excess of 5% SEV, Becker Manufacturing, Inc., City of Auburn
Hills
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be December 9,
1993 at 9:30 A.M.
The Board adjourned at 11:20 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson