Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutMinutes - 1994.04.28 - 8167 231 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES April 28, 1994 Meeting called to order by Chairperson Larry Crake at 9:55 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, Schmid, Taub, Wolf. (24) ABSENT: Price. (with notice) (1) Quorum present. Invocation given by Commissioner Donn Wolf. Pledge of Allegiance to the Flag. Moved by Schmid supported by Pernick the minutes of the April 14, 1994 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 amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE b. Drain Commissioner - Termination of Operation and Maintenance Agreement with the City of Wixom for the Wixom Sewage Disposal System c. Drain Commissioner - Termination of Operation and Maintenance Agreement with the City of Wixom for the Wixom Water Supply System PUBLIC SERVICES COMMITTEE d. Employment and Training Division Budget Amendment - Program Year 1993 (Reason for suspension of Planning and Building and Public Services items: Waive Rule XII.F. - Direct Referral to Finance) ITEM NOT ON PRINTED AGENDA FINANCE COMMITTEE f. Community Corrections Plan - Funding Level Revision and Contract Approval (Waiver of Board Rules) Vote on suspension: AYES: Crake, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron. (21) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the Commissioners Minutes Continued. April 28, 1994 232 rules and amend the agenda carried. The Chairperson made the following statement: "A Public Hearing is now called on the 1994 Oakland County Equalization. Are there any persons present who wish to speak?" No persons requested to speak and the Public Hearing was declared closed. REPORT (Misc. #94114) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: AWARD OF CONTRACT FOR SOUTH PARKING LOT EXPANSION - PHASE I To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the summary of bids received for the above-referenced project on April 19, 1994, reports with the recommendation that the contract be awarded to Wcisel & Wcisel, Inc. in the amount of $331,967.35, for a total project cost of $453,500. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #94114 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: FACILITIES MANAGEMENT - AWARD OF CONTRACT - SOUTH PARKING LOT EXPANSION - PHASE I To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #93295, dated December 9, 1993, the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for South Parking Lot Expansion - Phase I; and WHEREAS in accordance with bidding procedures, bids for this project were received and opened on April 7, 1994; and WHEREAS the County Executive's Department of Facilities Management has reviewed all bids submitted and recommends that the lowest responsible bidder, Wcisel & Wcisel, Inc., Clarkston, Michigan, be awarded a contract in the amount of $331,967.35; and WHEREAS the total project cost for the South Parking Lot Expansion - Phase I is estimated to be $453,500; and WHEREAS funding is available from the 1994 Capital Improvement Program for Utilities ($600,000). NOW THEREFORE BE IT RESOLVED as follows: 1) The Oakland County Board of Commissioners authorizes the transfer of $453,500 from the 1994 Capital Improvement Program - Utility Fund #40100 to the Project Work Order Fund #40400 to establish the South Parking Lot Expansion - Phase I Project. 2) The contract proposal of Wcisel & Wcisel, Inc. of Clarkston, Michi- gan, in the amount of $331,967.35 be accepted and the contract awarded in concurrence with Planning and Building Committee recom- mendations. 3) Funds be provided in the amount of $121,532.65 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Wcisel & Wcisel, Inc. on behalf of the County of Oakland. 5) The County Executive's Department of Facilities Management, Facili- ties Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. April 28, 1994 233 Moved by McCulloch supported by Schmid the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Schmid the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #94115) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: AWARD OF CONTRACT FOR CHILDREN'S VILLAGE FIRE ALARM AND EMERGENCY LIGHTING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the summary of bids received for the above-referenced project on April 19, 1994, reports with the recommendation that the contract be awarded to G.T. Einstein Electric in the amount of $206,362, for a total project cost of $232,430. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #94115 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: FACILITIES MANAGEMENT - AWARD OF CONTRACT - CHILDREN'S VILLAGE FIRE ALARM AND EMERGENCY LIGHTING IMPROVEMENTS To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #93146, dated August 5, 1993, the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for the Children's Village Fire Alarm and Emergency Lighting Improvements; and WHEREAS in accordance with bidding procedures, bids for this project were received and opened on March 17, 1994; and WHEREAS the County Executive's Department of Facilities Management has reviewed all bids submitted and recommends that the lowest responsible bidder, G.T. Einstein Electric, Clinton Township, Michigan, be awarded a contract in the amount of $206,362; and WHEREAS the total project cost for the Children's Village Fire Alarm and Emergency Improvements is estimated to be $232,430; and WHEREAS funding is available from the 1994 Capital Improvement Program for Utilities ($232,430). NOW THEREFORE BE IT RESOLVED as follows: 1) The Oakland County Board of Commissioners authorizes the transfer of $232,430 from the 1994 Capital Improvement Program - Utility Fund #40100 to the Project Work Order Fund #40400 to establish the Children's Village Fire Alarm and Emergency Improvements Project. 2) The contract proposal of G.T. Einstein Electric, of Clinton Township, Michigan, in the amount of $206,362 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $26,068 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized Commissioners Minutes Continued. April 28, 1994 234 and directed to execute a contract with G.T. Einstein Electric on behalf of the County of Oakland. 5) The County Executive's Department of Facilities Management, Facili- ties Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Pernick the Planning and Building Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Pernick the resolution be adopted. AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94116 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT - 1994 EQUALIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Department of Community and Economic Development has examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at true cash value; and WHEREAS based on its findings, the manager of the Equalization Division has presented to the Finance Committee the recommended 1994 Equalization values which adds to or deducts from the valuation of the taxable property in the several townships and cities an amount as, in its judgment, will produce a sum which represents the true cash value thereof; and WHEREAS the Finance Committee in accordance with Rule XA8 of the Board of Commissioners adopted January 7, 1993, has reviewed the findings and recommendations of the employees of the Equalization Division and conducted hearings to provide for local intervention into the equalization process; and WHEREAS the Equalization Factors listed on the attached report are the result of the foregoing process and are for information purposes only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the 1994 Equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of 1994 Equalization on file in County Clerk's office. Moved by McCulloch supported by Wolf the resolution be adopted. AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Commissioners Minutes Continued. April 28, 1994 235 Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94117 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION - STATE BOARD OF EQUALIZATION HEARING APPOINTMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act 106 of the Public Acts of 1960, as amended, the State Tax Commission will meet in the City of Lansing at the State Law Building on May 23, 1994 to hear representatives of the several counties pertaining to the State Equalized Value for each county in the State; and WHEREAS your Committee recommends that the Chairperson of the Committee be authorized to appoint a subcommittee of four (4) members, with the other members of the Committee being alternates, the Equalization Manager and Corporation Counsel to appear, if necessary, before the State Tax Commission on behalf of the County of Oakland. NOW THEREFORE IT BE RESOLVED that pursuant to the provisions of Act 106 of the Public Acts of 1960, as amended, the following shall be appointed by the Oakland County Board of Commissioners to represent the County of Oakland at the hearing of the State Tax Commission to be held in the City of Lansing on May 23, 1994, four (4) members of the Finance Committee, Equalization Manager, Robert Vandermark, and Corporation Counsel, Gerald Poisson. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Oaks the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94118 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - FUNDING FOR WORLD CUP SECURITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS through Miscellaneous Resolution #91242, the Board of Commissioners authorized the Oakland County Sheriff to "...execute, on behalf of the County of Oakland, the required Declaration of Law Enforcement Agency Assurance for the 1994 World Cup Soccer Tournament..."; and WHEREAS the resolution further stated that "...any additional costs incurred by the Oakland County Sheriff with regard to this Tournament shall not be charged to the Sheriff Department's budget."; and WHEREAS requests have been received by the Sheriff Department for World Cup security; and WHEREAS funds are available in the 1995 Reserve for Operating account to cover the cost of Sheriff World Cup security services. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners transfers $100,000, as specified below, for the Sheriff to meet World Cup security needs as defined by the Sheriff with local law enforcement officials: Expenditures Commissioners Minutes Continued. April 28, 1994 236 4-10100-909-01-00-3755 Reserve Operating Shortfall $(100,000) 4-10100-436-15-00-1002 Overtime 100,000 $ -0- ========== BE IT FURTHER RESOLVED that the Sheriff Department make a report to the Finance Committee as to how the World Cup security allocation was expended. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Obrecht the resolution be adopted. Discussion followed. Vote on resolution: AYES: Huntoon, Kaczmar, Kingzett, McCulloch, McPherson, Moffitt, Oaks, Obrecht, Pernick, Schmid, Taub, Wolf, Aaron, Crake, Douglas, Gosling. (16) NAYS: Jensen, Johnson, Miltner, Palmer, Powers, Dingeldey, Garfield. (7) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94119 BY: Larry Crake, Commissioner, District #4 IN RE: COMMUNITY CORRECTIONS PLAN - FUNDING LEVEL REVISION AND CONTRACT APPROVAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #94101, adopted April 14, 1994, the Oakland County Board of Commissioners approved funding for the Community Corrections Plan from the State Office of Community Corrections in the amount of $864,231 for the period April 1, 1994 through September 30, 1994; and WHEREAS the resolution included the creation of a Community Corrections Administrator position, with support staff consisting of a Clerk III position and a Co-op Student position; and WHEREAS the State Office of Community Corrections has submitted a contract to be signed by the Chairperson of the Board of Commissioners; and WHEREAS the contract reflects a reduced level of funding in the amount of $786,264, due to a time lapse in the process of approving the Community Correc- tions Plan, which is detailed in the attached schedule; and WHEREAS this 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 approves the contract and accepts funding for the Community Corrections Plan in the amount of $786,264. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of funding available from the State for the Community Corrections Plan. Chairperson, I move the adoption of the foregoing resolution. Larry Crake Commissioner, District #4 Copy of Agreement on file in the County Clerk's office. Moved by McCulloch supported by Aaron the resolution be adopted. AYES: Jensen, Johnson, Kingzett, McCulloch, McPherson, Oaks, Palmer, Pernick, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Huntoon. (16) NAYS: Kaczmar, Miltner, Moffitt, Obrecht, Powers, Garfield, Gosling. (7) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. April 28, 1994 237 REPORT (Misc. #94087) BY: General Government Committee, Donald Jensen, Chairperson IN RE: HOUSE BILLS 4374 AND 4590 (SUPPORT) RESTRICTING CONTENT OF FOREIGN AND OUT-OF-STATE SOLID WASTE IMPORTED TO MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on April 18, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #94087) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: HOUSE BILLS 4374 AND 4590 (SUPPORT) RESTRICTING CONTENT OF FOREIGN AND OUT-OF-STATE SOLID WASTE IMPORTED TO MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #94087 BY: Jeff Kingzett, District #7 IN RE: HOUSE BILLS 4374 AND 4590 (SUPPORT) RESTRICTING CONTENT OF FOREIGN AND OUT-OF-STATE SOLID WASTE IMPORTED TO MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Supreme Court has struck down state laws banning the importation of solid waste from other states and countries; and WHEREAS landfills in Oakland County are presently accepting out-of-state and foreign waste; and WHEREAS Michigan currently restricts the content of solid waste generated in-state and disposed of in Michigan landfills and incinerators; and WHEREAS there is presently no restriction on the content of solid waste imported from other states and countries and disposed of in Michigan landfills and incinerators; and WHEREAS Michigan House Bills 4374 and 4590 seek to restrict the content of solid waste imported from other states and countries so that it will meet standards which are "at least as stringent and protective of the public health, safety and welfare, and the environment" as apply to solid waste generated in Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support the enactment of Michigan House Bills 4374 and 4590. BE IT FURTHER RESOLVED that copies of this resolution be sent to all state legislators from Oakland County, and to the county's State Legislative Liaison, the Michigan Association of Counties, the other counties in this state, and to all Oakland County municipalities. Chairperson, I move the adoption of the foregoing resolution. Jeff Kingzett, District #7 Dennis N. Powers, Sue Ann Douglas, Kevin A. Miltner, John P. Garfield, Donna R. Huntoon, Eugene Kaczmar, Lillian Jaffe Oaks, Nancy Dingeldey, Lawrence Pernick, Hubert Price, Jr., Thomas A. Law, Marilynn Gosling, Ruel E. McPherson Commissioners Minutes Continued. April 28, 1994 238 Moved by Jensen supported by Taub the General Government and Planning and Building Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Jensen supported by Taub the resolution be adopted. Moved by Schmid supported by Kingzett the resolution be amended in the BE IT FURTHER RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that copies of this resolution be sent to all state legislators from Oakland County, and to the county's State Legislative Liaison, the Michigan Association of Counties, the Michigan Townships Association, the Michigan Municipal League and the other counties in this state, and to all Oakland County municipalities. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #94120) BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: CLERK/REGISTER - CREATION OF TWO CLERK III POSITIONS IN REAL ESTATE AND CASHIER UNIT AND ONE TYPIST II POSITION IN GRANTOR/GRANTEE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced General Government resolution on April 20, 1994, reports with the recommendation that the resolution be adopted with the following amendment to the BE IT FURTHER RESOLVED paragraph: Add: and the Personnel Committee following ...to the General Government Committee Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #94120 BY: General Government Committee, Donald Jensen, Chairperson IN RE: CLERK/REGISTER OF DEEDS - CREATION OF TWO CLERK III POSITIONS IN THE REAL ESTATE AND CASHIER UNIT AND ONE TYPIST II POSITION IN THE GRANTOR/GRANTEE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the high volume of real estate and personal property transactions has substantially increased the workload in the Register of Deeds Division of the Clerk/Register; and WHEREAS the creation of two (2) Clerk III and one (1) Typist II positions should allow for a more manageable workload, thereby ensuring the timely recording of documents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of three full-time eligible governmental positions in the Register of Deeds Division of the Clerk/Register for the remainder of 1994 as follows: Commissioners Minutes Continued. April 28, 1994 239 Number Class Unit 2 Clerk III Real Estate & Cashier 1 Typist II Grantor/Grantee BE IT FURTHER RESOLVED that prior to the 1995 Budget review, the Clerk/Register shall report to the General Government Committee with information on workload and overtime, for the purpose of the Committee making a recommendation on the continuation of these positions. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #94091) BY: General Government Committee, Donald Jensen, Chairperson IN RE: COMMUNITY MENTAL HEALTH - AUTHORIZATION TO CARRY FORWARD 93/94 LAPSED FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on April 18, 1994, reports with the recommendation that the resolution be adopted with the following amendment: Add the following at the end of the final BE IT FURTHER RESOLVED paragraph: and to all Oakland County legislators who sit on an Appropriations Committee. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE FISCAL REPORT (Misc. #94091) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COMMUNITY MENTAL HEALTH - AUTHORIZATION TO CARRY FORWARD 93/94 LAPSED FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports that: 1. Should the Michigan Department of Mental Health authorize the carry forward of lapse funds, an additional $218,270 must be appropriated to cover the required County match. 2. The resolution be amended at the end of the "BE IT FURTHER RESOLVED" paragraph to include Senator Bouchard. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #94091 BY: Commissioners Shelley Taub, Charles Palmer, Marilynn Gosling, Hubert Price IN RE: COMMUNITY MENTAL HEALTH - AUTHORIZATION TO CARRY FORWARD 93/94 LAPSED FUNDS TO the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since June 1993 the Oakland County Community Mental Health Services Board (CMH), under authorization of the Oakland County Board of Commissioners, is a full management board under contract with the Michigan Department of Mental Health (MDMH); and WHEREAS full management allows CMH a unique opportunity to thoroughly review and redesign current programs as well as develop new programs to meet the mental health needs of Oakland County residents; and WHEREAS in order to facilitate the planning process, Oakland County Commissioners Minutes Continued. April 28, 1994 240 established a Transition Planning Team process which formed committees made up of CMH and County staff, consumers, family members, private and private providers, and other stakeholders, in the design of programs for specific population groups; and WHEREAS in order to carefully plan for community needs and receive input from all interested parties, the planning process will take until the summer of 1994 to complete; and WHEREAS on March 9, 1994, MDMH sent Oakland CMH the State Fiscal Year (FY) 1993/1994 Authorization which, due to decreased use of state facilities, included a minimum of $2.4 million in funds that could be used for program expansion based on the plans now under development; and WHEREAS the length of the planning process will not allow CMH to spend all of these funds, by the end of the fiscal year, and as a result they will be lapsed back to MDMH at the end of State FY 93/94; and WHEREAS the lapsing of these funds would deprive Oakland County residents of resources to meet the overwhelming demand for mental health services, as witnessed by the extensive waiting lists for residential placements for citizens who are developmentally disabled and other services; and WHEREAS these funds could be used to support start-up efforts for the programs developed through the planning process; and WHEREAS should these unspent FY 93/94 funds be carried forward into FY 94/95, they could be used to fund start-up costs for the community-designed programs while allowing the base FY 94/95 MDMH authorization for Oakland County to cover regular operating costs; and WHEREAS carry-forward of funds is a common practice when establishing new programs, as reflected in the budgeting of federal grants through MDMH; MDMH has in fact proposed Mental Health Code changes that would authorize carry- forward of unspent funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Community Mental Health Services Board be authorized to carry-forward unspent FY 93/94 funds into FY 94/95, to cover start-up cost and community demand needs, with the understanding that all carried forward unspent FY 93/94 funds unencumbered September 30, 1995 be lapsed back to the Department of Mental Health. BE IT FURTHER RESOLVED that copies of this Resolution be sent to all Community Mental Health Boards in Michigan; the Michigan Association of Mental Health Boards, and MAC. Chairman, we move the adoption of the foregoing resolution. Shelley Goodman Taub, Charles Palmer, Hubert Price, Jr., Marilynn Gosling Moved by Jensen supported by Huntoon the Fiscal Report and the General Government Committee Report be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Jensen supported by Huntoon the resolution be adopted. Moved by Jensen supported by Huntoon the resolution be amended to coincide with the reports. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Commissioners Minutes Continued. April 28, 1994 241 REPORT (Misc. #94102) BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/CMH CREATION OF A PTNE PSYCHIATRIST/ PART-TIME CLASSIFICATION AND SEVEN (7) PART-TIME NON-ELIGIBLE PSYCHIATRIST PART-TIME POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced General Government Committee resolution on March 30, 1994, 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 #94102 BY: General Government Committee, Donald Jensen, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF A PTNE PSYCHIATRIST/PART-TIME CLASSIFICATION AND SEVEN (7) PART-TIME NON- ELIGIBLE PSYCHIATRIST/PART-TIME POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Manager-Community Mental Health Division is requesting that the current contracts for psychiatrists be terminated and a new PTNE classification, and seven (7) PTNE positions titled Psychiatrist/Part-Time be created; and WHEREAS all professional services contracts are being reviewed to ensure that the contracts meet the criteria for independent contractor status as recognized by the Internal Revenue Service; and WHEREAS by creating this PTNE classification and non-eligible positions, the administration is endeavoring to eliminate any possibility that the contracted psychiatrists may potentially be found to be employees. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the termination of current contracts for psychiatrists in CMH and the creation of a new PTNE classification of Psychiatrist/Part-Time at a flat hourly rate of $70.00. BE IT FURTHER RESOLVED that seven (7) PTNE Psychiatrist/Part-Time positions be created in the following locations to be multi-filled with PTNE Psychiatrists/Part-Time employees: El Centro 16607 PTNE 860 hours Child & Adol Clinic-Pontiac 16608 PTNE 1,500 hours Child & Adol Day Treatment 16612 PTNE 1,500 hours DD Psychiatric/Health 16623 PTNE 860 hours Geriatric Services 16636 PTNE 860 hours Southwest CMH Clinic 16639 PTNE 860 hours Admission/Discharge Services 16641 PTNE 860 hours Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #94102) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH - CREATION OF A PTNE PSYCHIATRIST/PART-TIME CLASSIFICATION AND SEVEN (7) PART-TIME NON- ELIGIBLE PSYCHIATRIST/PART-TIME POSITIONS 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 #94102 and finds: 1. The General Government and Personnel Committees concur with the Personnel Department's recommendation to terminate the current Commissioners Minutes Continued. April 28, 1994 242 professional services contracts with Community Mental Health psychiatrists and create seven (7) part-time non-eligible positions under a new classification entitled "Psychiatrist/Part-Time". 2. The salary rate of the new classification is $70.00 per hour, with required fringe benefit coverage of 10.6% the total hourly cost equals $77.42. 3. The current hourly rate for contracted psychiatrist equals $76.64, the new classification rate is $.78 per hour higher. 4. The increased rate calculates to an annual increase of $5,694 for the CMH system, required County match equals $569. Cost for the balance of 1994 is $3,587 with the County match being $359. 4. Funds, including required County match, are available in the CMH budget to cover this change. 5. Amendments to the 1994 Budget are recommended as specified in Attachment A. FINANCE COMMITTEE Copy of Attachment A on file in the County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #94103) BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/HEALTH - CREATION OF A SUBSTANCE ABUSE PROGRAM ANALYST POSITION TO ASSIST WITH THE P.A.C.E. FUNCTION FUNDED BY THE SUBSTANCE ABUSE GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced General Government Committee resolution on March 30, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #94103 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/HEALTH - CREATION OF A SUBSTANCE ABUSE PROGRAM ANALYST POSITION TO ASSIST WITH THE P.A.C.E. FUNCTION FUNDED BY THE SUBSTANCE ABUSE GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Substance Abuse network of Oakland County has expanded in several dimensions over the last several years; and WHEREAS during this time the Substance Abuse unit has been required to assume a number of additional responsibilities under the terms of the contract with Michigan Department of Public Health; and WHEREAS in 1991 the State provided the Health Division with additional funding from the Substance Abuse Grant to the Health Division to perform the prior authorization and central evaluation (PACE) responsibilities added to the Substance Abuse Control unit; and WHEREAS there has been an increase in the responsibilities in the PACE area in relation to client assessments and prior authorizations for admission into Intensive Outpatient and Residential Treatment, as well as a substantial increase in required statistical data, reports to programs, and activities related to client follow-up; and WHEREAS to handle the increased workload the Health Division is requesting to create a Substance Abuse Program Analyst position to be funded from the Substance Abuse Grant; and WHEREAS there would be no County funding necessary for this position. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners Minutes Continued. April 28, 1994 243 Commissioners creates one (1) special revenue Substance Abuse Program Analyst position within the Substance Abuse Control unit of the Health Division (162- 61). BE IT FURTHER RESOLVED that continuation of this position is contingent upon sufficient funds and that in the event that state funding ends this position will be eliminated. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #94103) BY: FINANCE COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DIVISION\ CREATION OF A SUBSTANCE ABUSE PROGRAM ANALYST POSITION TO ASSIST WITH THE P.A.C.E. FUNCTION FUNDED BY THE SUBSTANCE ABUSE GRANT 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 #94103 and finds: 1. The Michigan Department of Public Health (MDPH) has offered Oakland County additional funding to support one (1) Substance Abuse Program Analyst for the Prior Authorization and Central Evaluation (P.A.C.E.) function of the Substance Abuse grant. 2. Total annual cost of this position equals $49,177, of which $32,611 is salary and $16,566 is fringe benefits. 3. Cost for the balance of 1994 equals $34,992, of which $23,204 is salary and $11,788 is fringe benefit cost. 4. The new funding will cover 100% of the position cost, no additional County funding is required. 5. These increases will be built into the 1993/1994 Substance Abuse grant agreement. Budget amendments to the special revenue funds will be recommended at the time of Substance Abuse grant acceptance. FINANCE COMMITTEE Moved by Jensen supported by Kaczmar the Fiscal Note and the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the Fiscal Note and the report were accepted. Moved by Jensen supported by Kaczmar the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94121 BY: General Government Committee, Donald Jensen, Chairperson IN RE: COUNTY EXECUTIVE/OAKLAND COUNTY PIONEER AND HISTORICAL SOCIETY - CONTRACT FOR PROFESSIONAL SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Pioneer and Historical Society, founded in 1874, is the oldest county historical society in Michigan; and WHEREAS the Society is a 501(C)(3) educational organization; and WHEREAS Public Act 213 of 1957, the Historical Activities Act, authorizes counties to appropriate money for historical activities and projects; and Commissioners Minutes Continued. April 28, 1994 244 WHEREAS the County of Oakland has provided support and financial assistance to the Oakland County Pioneer and Historical Society for all of its 120 years; and WHEREAS the Society has requested to enter into a professional services contract, not to exceed $16,000, with Oakland County to gather, preserve and maintain artifacts and materials pertaining to Oakland County, including maintaining the foremost research library on Oakland County history and its people, and to promote a broad interest in the history of Oakland County by offering a wide range of educational programs and activities related to Oakland County history for both adults and children. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves contracting with the Oakland County Pioneer and Historical Society, for an amount not to exceed $16,000 to perform administrative services necessary to gather, preserve and maintain artifacts and materials pertaining to Oakland County, including maintaining the foremost research library on Oakland County history and its people, and to promote a broad interest in the history of Oakland County by offering a wide range of educational programs and activities related to Oakland County history for both adults and children. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94122 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - METHOD TO COMPENSATE EMPLOYEES FOR THE EQUIVALENT OF ONE DAY'S PAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners voted on December 9, 1993, to "maintain the salary rates for County classifications not represented by bargaining units, including elected officials, at the current bi-weekly rates..."; and WHEREAS there is concern by Commissioners that the impact of this action was not fully explained when presented to the Board of Commissioners; and WHEREAS Commissioners feel that the action to maintain employee salaries at 1993 bi-weekly rates has negatively impacted employees' salaries equivalent to one (1) day's pay. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following action to compensate employees for the equivalent of one day's pay due to the conversion from the annual rate pay method to the bi-weekly pay method: Recompute pay rates on an Annual Pay method for all non-represented/"me too" classifications for each step in all pay ranges effective the first pay period in June, with lump sum retroactive payment extending back to the first pay period in January. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. April 28, 1994 245 MISCELLANEOUS RESOLUTION #94123 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - ONE YEAR (1994) CONTRACT EXTENSION OF LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, MICHIGAN COUNCIL 25 (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, Michigan Council 25, have been negotiating a contract covering approximately seven (7) Prosecutor's Investigators of the Office of the Prosecuting Attorney; and WHEREAS the parties have reached agreement regarding the 1994 wage rate and benefit modification provisions and have further agreed to extend the 1991- 1993 contract provisions through 1994 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 and the American Federation of State, County and Municipal Employees, Michigan Council 25, 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 #94124 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - ONE YEAR (1994) CONTRACT EXTENSION OF LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, MICHIGAN COUNCIL 25 (BOARD OF COMMISSIONERS COMMITTEE COORDINATORS/SECRETARIES) 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, Michigan Council 25, have been negotiating a contract covering three (3) Committee Coordinators/Secretaries of the Board of Commissioners; and WHEREAS the parties have reached agreement regarding the 1994 wage rate and benefit modification provisions and have further agreed to extend the 1990- 1993 contract provisions through 1994 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 and the American Federation of State, County and Municipal Employees, Michigan Council 25, 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 the County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There Commissioners Minutes Continued. April 28, 1994 246 were no objections. MISCELLANEOUS RESOLUTION #94104 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1993/1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY COMMAND OFFICERS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Department, the County of Oakland and the Oakland County Command Officers Association have been negotiating a contract covering approximately eighty (80) General Fund Command Officers of the Oakland County Sheriff's Department; and WHEREAS a three (3) year agreement has been reached for the period January 1, 1993 through December 31, 1995 and said agreement has been reduced to writing; and WHEREAS the parties have reached a separate agreement related to the inclusion of these employees in the "Early Out" retirement plan as provided to non-represented employees in Miscellaneous Resolution #93165 and said agreement has been reduced to writing; and WHEREAS both agreements have been reviewed by your Personnel Committee which recommends approval of the agreements. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the Oakland County Sheriff's Department, the County of Oakland and the Oakland County Command Officers Association employees, be and the same is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland be and is hereby 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 Collective Bargaining Agreement on file in County Clerk's office. FISCAL NOTE (Misc. #94104) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1993/1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY COMMAND OFFICERS ASSOCIATION 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 #94104 and finds: 1) The Oakland County Sheriff's Department, the County of Oakland, and the Oakland County Command Officers Association have reached a three (3) year agreement for the period January 1, 1993 through December 31, 1995 for 80 General Fund and one (1) Special Revenue command officer positions. 2) The agreement specifies a retroactive wage increase of 3.0% for 1993, which was the same increase given to non-represented employees. The increase for 1994 is 0.0% and 3.0% for 1995 (or "me too" for 1995 if the general non-represented wage increase exceeds 3.0%). 3) The 1993 salary and fringe benefit cost increase for this agreement ($132,631 for 80 Governmental positions and $1,880 for 1 Special Revenue position) has been accrued in a liability account and is available for retroactive payment. 4) The agreement stipulates that 1993 bi-weekly rates be maintained in 1994, consistent with general non-represented employees. The 1994 Adopted Budget reflects this level of funding for the bargaining unit. 6) The 1995 wage increase was not anticipated in the 1995 Adopted Budget, therefor the following budget amendment for the Governmental positions is required (to be funded from the Provision Commissioners Minutes Continued. April 28, 1994 247 for Future Operating Requirements account). Revenue 1995 3-10100-909-01-00-9901 Prior Yrs' Balance $ 161,604 Expenditure 4-10100-433-10-00-1001 Sheriff-Salaries $ 118,565 4-10100-433-10-00-2070 Sheriff-Fringes $ 43,039 $ -0- 7) The contract includes a $750 annual bonus for the Sheriff Communication Supervisor position effective January 1, 1993. 8) The clothing allowance increases from $375 to $475 for 15 plain clothes officers effective July 1, 1993, or $1,500 annually. Funding is available in the Sheriff's Department budget to cover the cost. 9) The contract provides an "Early Out" retirement plan as provided to non-represented employees by M.R. #93165, with the exception that the "window" shall be extended for 45 days following the execution of the agreement. 10) Bargaining Unit members who chose to retire during November or December of 1993 will be entitled to the enhanced benefit factor effective the first day of the month following the execution of the agreement. 11) Effective June 1, 1994, employees new to the Bargaining Unit will not be entitled to use overtime pay as part of Final Average Compensation (FAC) for the calculation of retirement benefits. FINANCE COMMITTEE Moved by Gosling supported by Huntoon the resolution be adopted. AYES: Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94105 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH 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 Fourth 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 Oakland Board of Commissioners authorizes implementation of changes in salary grade placement and retitling of classifications as shown: Salary Grade Classification From: To: Location-Position Social Worker II 12 14 34712-07051 (Retitle to Probate Court Resource & Program Spec) Commissioners Minutes Continued. April 28, 1994 248 Probate Court Counsel 19 20 34103-01424 Chief-Intake Servs 15 17 34103-01820 (Retitle to Chief-Judicial Support Services) Sheriff Business Asst. 11 14 43201-01808 (Retitle to Sheriff Admin Servs Supv) Mgr - Development 20 21 19201-04720 & Planning Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #94105) BY: Personnel Department, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR 1993 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #94105 and finds: 1) The Personnel Committee has approved the attached Salary Administration Fourth Quarterly Report for 1993 which authorizes implementation of salary grade placement changes of five (5) classifications for five (5) positions. 2) The annual cost of the reclassifications for these five (5) Governmental positions is $19,397 (Salaries - $14,231, Fringe Benefits - $5,166). 3) The cost for the remainder of 1994 is $13,428 (Salaries - $9,852, Fringe Benefits - $3,576). 4) Funds are available in the Reserve for Classification and Rate Changes account. 5) The 1994/95 Biennial Budget be amended as follows: 1994 1995 General Fund (10100) 909-01-00-9902 Class. & Rate Chg $(13,428) $(19,397) 192-01-00-1001 Salaries 1,029 1,486 192-01-00-2070 Fringe Benefits 373 539 341-03-00-1001 Salaries 4,908 7,090 341-03-00-2070 Fringe Benefits 1,782 2,574 347-12-00-1001 Salaries 1,977 2,856 347-12-00-2070 Fringe Benefits 718 1,037 432-01-00-1001 Salaries 1,938 2,799 432-01-00-2070 Fringe Benefits 703 1,016 $ -0- $ -0- FINANCE COMMITTEE Copy of Salary Administration - 1993 Fourth Quarterly Report on file in the County Clerk's office. Moved by Gosling supported by McPherson the resolution be adopted. AYES: McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (23) NAYS: None. (0) Commissioners Minutes Continued. April 28, 1994 249 A sufficient majority having voted therefor, the resolution was adopted. Moved by Gosling supported by Douglas that a Public Hearing be set for the transfer of function which is encompassed in the anticipated Computer Services Reorganization, such Public Hearing to be held at the next regular Board of Commissioners meeting on May 12, 1994, at 9:40 A.M. AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried and the Public Hearing was set for May 12, 1994 at 9:40 A.M. MISCELLANEOUS RESOLUTION #94125 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 4 - APPROVAL OF CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968; and WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills (the "City") and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the City are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the City; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, and the City, which contract provides for the acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 pursuant to Act 342, which contract is hereinafter set forth in full. NOW THEREFORE BE IT RESOLVED: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the acquisition and construction of water supply and sewage disposal facilities to serve the City as part of the System; that the project shall be designated the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the project; that the County Agency shall have all the powers and duties with respect to the project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City. 2. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $7,000,000 as the cost of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners Minutes Continued. April 28, 1994 250 Commissioners, be and the same are approved and adopted. 3. APPROVAL OF CONTRACT. The Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 Contract dated as of March 1, 1994, between the County, by and through the County Drain Commissioner, and the City, which contract has been submitted to this Board of Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the contract has been executed by the appropriate officials of the City. Said contract reads as follows: OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 4 CONTRACT THIS CONTRACT, made as of the 1st day of March, 1994, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter referred to as the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"), and the CITY OF ROCHESTER HILLS, a City located in the County (hereinafter referred to as the "City"): WITNESSETH: WHEREAS, the County heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968 (the "Base Contract"); and WHEREAS, the Township of Avon has been incorporated as the City of Rochester Hills and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS, by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the City are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the City; and WHEREAS, it is now necessary for the public health and the welfare of the present and future residents of the City to extend, improve and enlarge the System in the City by the acquisition and construction of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 and to finance such acquisition and construction by payments from the City to the County of amounts to become due under this contract. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the City hereby approve the extension, improvement and enlargement of the System by the acquisition and construction, by the County Agency under and pursuant to the provisions of Act 342, of water supply and sewage disposal facilities to serve the City. The water supply and sewage disposal facilities to be acquired and constructed are hereby designated the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4. 2. The facilities constituting the Oakland County Water Supply and Sewage Disposal System for Rochester Hills - Extension No. 4 and their general location within the City are shown on Exhibit "A" which is attached hereto and by this reference is made a part hereof. The Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 is hereafter sometimes referred to as the "project". 3. The County and the City hereby approve and adopt the estimate of the cost of the project in the amount set forth on Exhibit "B" attached hereto and the estimate of 40 years and upwards as the period of usefulness of the project. 4. After the execution of this contract by the County and the City, Commissioners Minutes Continued. April 28, 1994 251 the County Agency shall take the following steps, subject to the receipt from the City of the payments as provided in paragraph 6 hereof, to-wit: (a) Order final plans and specifications for the project from a consulting engineer. (b) Do those things necessary to obtain the approvals required for the construction of the project, obtain construction bids for the project and enter into construction contracts with the lowest responsible bidders. (c) After the execution of construction contracts, cause the project to be constructed within a reasonable time and do all other things required of it under the provisions of Act 342. 5. It is understood and agreed by the parties hereto that the project is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. The responsibility of requiring connection to and use of the facilities of the project and of providing such additional facilities, as may be needed, shall be that of the City which shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The project is an improvement, enlargement and extension of the System and the Base Contract shall apply thereto except as the same may be specifically modified herein for specific application to the project. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies of insurance shall provide that the County and the City shall be insured parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed with the City. 6. The City shall pay to the County the entire cost of the project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibit "B" attached hereto and any other items of cost of a similar nature as may be set forth in any revision of said Exhibit "B" agreed to by the parties hereto, incurred by the County in acquiring and constructing the project. The cost of the project will be paid by the City in installments as follows: (1) The sum of $600,000 to be paid upon execution of this contract, being the estimated cost of obtaining plans, specifications, detailed estimates of cost and easements. (2) The sum of $400,000 to be paid when completed bid plans and specifications are received and accepted by the County Agency. (3) The balance of the cost of the project (estimated now to be $6,000,000) when construction bids are received and prior to the award of construction contracts. Shown on Exhibit "C" is the schedule of installment payments to be made by the City, which schedule will be revised as detailed estimates are made and when construction bids are received. The County Agency shall notify the City, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The City covenants and agrees, not less than ten (10) days after receipt of such notice, to remit to the County sufficient funds to pay the amount then due. The obligations herein expressed shall be applicable to all obligations and contracts incurred or entered into by the County to construct and complete the project, or any part thereof, whether incurred or entered into at one time or more than one time. It is assumed that the aggregate amount of all installments payments will represent the cost of the project. If the City shall fail to make any of such payments when due, the County and the County Agency shall have no obligation to proceed further with acquisition or construction of the project. The City shall be obligated to pay the entire Commissioners Minutes Continued. April 28, 1994 252 cost of the Project, and the County shall never be required, for any reason, to pay any portion of the cost of the Project from its own funds. 7. After completion of the project and payment of all costs thereof, any surplus remaining from the payments received from the City and any interest earned on such payments shall be returned to it or, in the alternative, the surplus may be used at the request of the City and upon approval by the County Agency, to improve, enlarge or extend the project. 8. If the payments received from the City are for any reason insufficient to complete the project in accordance with the plans and specifications therefor, the County Agency shall, if necessary, submit to the City a request for payment of the additional amount due with an explanation in writing of the reasons and need therefor and of the amount necessary to provide funds to complete the project in which event the duties and obligations of the County Agency and the City as expressed and set forth in this contract shall be applicable to such additional payment as well as the original payment, it being at all times fully recognized and agreed that the payments to be made by the City, in the manner specified in paragraph 6 of this contract, shall be based upon the aggregate amount of the actual and final project cost. 9. This contract is contingent upon the County actually receiving all of the payments promised by the City to defray the estimated cost of the project. 10. The City consents to the establishment and location of the project within its corporate limits and consents to the use of the streets, alleys and public places of the City for the location, construction, repair, replacement, maintenance and use of the water supply and sewage disposal facilities of the project. After completion, the project shall be used by the City as part of the System in accordance with the Base Contract. 11. This contract shall become effective upon approval by the legislative body of the City, by the County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the City and by the County Agency. It shall terminate upon expiration of the Base Contract, and upon termination all title, possession and ownership of the project and of any unused or surplus funds shall automatically revert to the City. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By__________________________________ Drain Commissioner of Oakland County CITY OF ROCHESTER HILLS By__________________________________ Mayor By__________________________________ City Clerk (end of contract) 4. 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 Copy of Exhibits A, B and C on file in the County Clerk's office. Commissioners Minutes Continued. April 28, 1994 253 Moved by Palmer supported by Law the resolution be adopted. AYES: Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, 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. #94126) BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE WIXOM SEWAGE DISPOSAL SYSTEM To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced Planning and Building Committee resolution on April 20, 1994, reports with the recommendation that the resolution be changed as follows: 1) That the following be inserted after the third paragraph: WHEREAS three Special Revenue positions will be deleted from the Operations and Maintenance Division of the Drain Commissioner as a result of terminating this contract; and 2) That the following be inserted as a second BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the following Special Revenue positions be deleted effective July 1, 1994: Sewage Treatment Plant Operator I (pos #61213-00710), Sewage Treatment Plant Operator I (pos #61213-02816), and Sewage Treatment Plant Supervisor I (#61213-01217). The Personnel Committee, having reviewed the above changes to the referenced resolution, reports with the recommendation that the revised resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #94126 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATION AND MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE WIXOM SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Wixom contracted with the County of Oakland to construct the Wixom Sewage Disposal System and sell bonds on behalf of the City of Wixom; and WHEREAS on January 9, 1969, the County of Oakland entered into an agreement with the City of Wixom to operate and maintain the Wixom Sewage Disposal System; and WHEREAS the City of Wixom has requested that the operating agreement be terminated at a date yet to be determined; and WHEREAS the City of Wixom is proposing to pay any debt incurred inclusive of bonds sold in connection with the construction of the sewage disposal system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the termination contract for the Wixom Sewage Disposal System. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners and the Oakland County Drain Commissioner are authorized to execute a termination contract. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. April 28, 1994 254 FISCAL NOTE (Misc. #94126) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE WIXOM SEWAGE DISPOSAL 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 #94126 and finds: 1. Under the current operating and maintenance contract the County bills the City of Wixom customers to offset costs associated with the Wixom Water Supply System. 2. The current contract allows for termination with 60 days notice. The resolution provides notice of such termination. 3. Upon termination of the operating agreement, the City of Wixom will be responsible for costs incurred and for billing customers. 4. The County of Oakland will have 90 days after termination to close books. 5. The two outstanding bond issues for the construction costs sold by the County on behalf of Wixom will be defeased on or about the termination of the operating agreement. 6. As of December 31, 1993, a fund balance of $563,714.38 is designated for the City of Wixom for major repairs to the sewage disposal system and replacement of the wastewater treatment plant. 7. As of December 31, 1993, the Water and Sewage Trust Fund has on record $404,036.40 of earned surplus from the Sewage Disposal System. 8. The 1994/1995 Budget be amended as follows: Revenue: 1994 1995 3-83200-612-66-xx-2618 City of Wixom ($1,157,086) ($1,191,800) Expenses: 4-83200-612-66-xx-1001 Salaries ( 77,253) ( 77,253) 4-83200-612-66-xx-2070 Fringe Benefits ( 39,244) ( 39,244) 4-83200-612-xx-xx-xxxx Operating Expenses ( 1,040,589) ( 1,075,303) Total Expenditures: ($1,157,086) ($1,191,800) $ -0- $ -0- ============ ============ FINANCE COMMITTEE Copy of Draft of Wixom Sewage Disposal System Agreement on file in County Clerk's office. Moved by Palmer supported by Dingeldey the resolution be adopted. Moved by McCulloch supported by Dingeldey the resolution be amended in the Fiscal Note, item 7, by showing the earned surplus as $404,036.40, not $251,013.97. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24) NAYS: None. (0) Commissioners Minutes Continued. April 28, 1994 255 A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #94127 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE WIXOM WATER SUPPLY SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on February 26, 1969, the County of Oakland entered into an agreement with the City of Wixom to operate and maintain the Wixom Water Supply System; and WHEREAS the City of Wixom wishes to terminate this contract; and WHEREAS the County has agreed to the termination at a date yet to be determined. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the termination of the Wixom Water System Operating Agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE WIXOM WATER SYSTEMS OPERATING AGREEMENT THIS OPERATING AGREEMENT made this 26th day of February, 1969, by and between the COUNTY OF OAKLAND, a Michigan County Corporation, acting by and thru its Board of Public Works (hereinafter called the "County" or the "Board of Public Works"), party of the first part, and the CITY OF WIXOM, a municipal corporation in the County of Oakland, Michigan (hereinafter called the "City"), party of the second part. WITNESSETH: WHEREAS, the Board of Public Works under the provisions of Act 185 of the Michigan Public Acts of 1957, as amended, can operate and maintain water systems and provide service to individual users within a municipality with the consent of the municipality; and WHEREAS, the City at a regular Council meeting on June 25, 1968 adopted policy CM-6-238-68 which in part reads "...it shall be the policy, until further notice, of the City to turn over the maintenance and operations of all community well systems to the Oakland County Department of Public Works." THEREFORE, in consideration of the mutual promises herein provided, it is agreed by and between the parties hereto as follows: 1. The City, as owners of all existing and future community well water systems in the City, hereby designates and employs the County as its agent to operate and maintain, on behalf of the City, said systems for the term hereinafter provided. The County hereby accepts such designation and employment and will carry out and perform such operation and maintenance in such manner and at such times as to comply in all respects with the obligations of the City, concerning water transported and distributed in the systems, the condition and state of repair of the system, the regulation of connections to the system and the collection of charges for connection to and use of the systems. 2. The City has adopted or shall hereafter adopt such one or more ordinances and resolutions, as are necessary, providing for the time and manner of connection of premises in the City to the system; the payment of inspection and approval fees and the issuance of service installation permits upon approval; the amount and the terms of payment of service charges and service installation permit fees; and the enforcement of the prompt payment of such charges and fees. The County shall assist in the enforcement and carrying out of such ordinances or resolutions by the making of connections, reading of Commissioners Minutes Continued. April 28, 1994 256 meters, billing, the mailing to or serving on owners and/or occupiers of premises of notices and demands as necessary, the issuance of receipts and reports and the keeping of records and books of account with respect thereto. 3. The County shall receive all applications for water service installations and collect all fees therefor. 4. The County shall, on behalf of the City, deal directly with the owners and occupiers of the premises in the City connected to or to be connected to the system and shall, in so dealing, perform the following operations: a. Make all connections to the system and provide service to premises at their property line. b. Read all water meters quarterly. c. Compute and bill quarterly charges for water consumption rendered to each premises connected to the system prior to the date of such billing. Said water charges shall be payable at least one month after date of billing, said billing to include any interest, penalties and late charges as the City shall by ordinance or resolution provide. The charges for water service shall be an amount not less than the rate set by Ordinance No. 76 as amended from time to time, plus such additional amount, if any, as the City shall from time to time provide by ordinance or by resolution adopted by its City Council. d. Receive and receipt for all charges for water services. 5. The County shall keep all necessary and usual records and books of account pertaining to its dealings with the owners and occupiers of the premises in the City connected to the systems and make the same available to the City at all usual and regular business hours. The County shall prepare and present to the City annually, and at such other times as the County shall deem advisable, a written report of the operations of the system in such detail as shall satisfy the requirements of the charter of said City pertaining to reports from operating departments of the City. 6. Whenever the owner or occupier of any premises connected to the system is ninety (90) days, or more, delinquent in the payment of any fees and/or charges billed by the County, the same shall be reported to the City and the City shall take the steps provided by ordinance to enforce the collection of such fees and/or charges. 7. The Board of Public Works shall be paid for its services hereunder an amount sufficient to cover its costs and overhead and reasonable reserves required for operation and maintenance of all well water systems owned by the City and under this Agreement, which as of the date of this Agreement, is included in the charge of $1.50 per thousand cubic feet of water used. The amount of the fee for rendering such services shall be set from time to time by the County upon sixty days written notice to the City and shall be a part of the total charge for water services to individual premises. The City shall include the amount so set in addition to any amount provided by ordinance or by resolution as described in paragraph 4.c.above. 8. This agreement shall become effective upon being approved by the governing body of the City, and by the Board of Public Works and properly executed by the officers of the City and of the Board of Public Works. This operating agreement shall continue in effect until the first day of the calendar quarter following by more than sixty (60) days the mailing by either party to the other of a notice of termination; providing further that if either party hereto shall mail to the other a one (1) year notice of termination, this operating agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have caused this Operating Agreement to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By its Board of Public Works By Charles B. Edwards, Jr. Chairman Commissioners Minutes Continued. April 28, 1994 257 By Delos Hamlin, Secretary CITY OF WIXOM By Wesley E. McAtee, Mayor By Donna J. Thorsberg Dep. City Clerk FISCAL NOTE (Misc. #94127) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE WIXOM WATER SUPPLY 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 #94127 and finds: 1. Under the current operating and maintenance contract the County bills the City of Wixom customers to offset costs associated with the Wixom Water Supply System. 2. The current contract allows for termination with 60 days notice. The resolution provides notice of such termination. 3. Upon termination of the operating agreement, the City of Wixom will be responsible for costs incurred and for billing customers. 4. The County of Oakland will have 90 days after termination to close books. 5. As of December 31, 1993, a fund balance of $21,578.04 is designated for the City of Wixom for major repairs to the water supply system. 6. As of December 31, 1993, the Water and Sewage Trust Fund has on record an accumulated loss of $42,840.72 from the operation of the Wixom Water Supply System. This will be offset by an earned surplus from the Wixom Sewage Disposal System. 7. The 1994/1995 Budget be amended as follows: Revenue: 1994 1995 3-83200-612-40-xx-2806 Wixom-Water Sales ($387,836) ($399,472) Expenses: 4-83200-612-xx-xx-xxxx Operating Expenses ($387,836) ($399,472) $ -0- $ -0- ========== =========== FINANCE COMMITTEE Moved by Palmer supported by Dingeldey the resolution be adopted. Moved by McCulloch supported by Dingeldey the resolution be amended in the Fiscal Note, item 6, by showing the accumulated loss as $42,840.72, not $21,651.71. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #94086) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: FORCED SITINGS OF DISPOSAL CAPACITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced Commissioners Minutes Continued. April 28, 1994 258 resolution, reports with the recommendation that it be adopted with an amendment deleting the last BE IT FURTHER RESOLVED paragraph and substituting the following new paragraph: "BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges Governor John Engler and the Legislature to place an immediate moratorium on implementing the 1981 Administrative Rules until the legislature deals with the issues set forth in this resolution." Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing Report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #94086 BY: Larry Crake, Commissioner, District 4; Sue Douglas, Commissioner, District 8; Donna Huntoon, Commissioner, District 2; Ruth Johnson, Commissioner, District 1; Jeff Kingzett, Commissioner, District 7; Lawrence Obrecht, Commissioner, District 3; Dennis Powers, Commissioner, District 10 IN RE: FORCED SITINGS OF DISPOSAL CAPACITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on June 1, 1992, the U.S. Supreme Court rendered a decision that allows out-of-state and out-of-country wastes to flow freely into Southeastern Michigan; and WHEREAS on March 4, 1993, the Oakland County Board of Commissioners adopted a resolution (MR 93001) which: 1. Urged Congress to adopt laws allowing counties to effectively regulate the flows of out-of-state and out-of-country wastes so that they may properly plan for the disposal of their own wastes without that capacity being usurped by uninvited wastes; and 2. Urged the State of Michigan, absent any such timely national legislation, to suspend the forced siting of new landfills beyond that necessary for the local waste stream over the short-term (3 to 5 years); and WHEREAS on October 7, 1993, the Oakland County Board of Commissioners adopted a resolution (MR 93170) which: 3. Urged the State of Michigan to reduce the Act 641 planning period from 20 years to 10 years (in part to reduce the amount of disposal capacity originally required and to reduce the threshold at which capacity must be replenished); and WHEREAS little progress has been made on this entire issue (both from a national and state perspective) and Oakland County is currently faced with the potential mandate of additional disposal capacity (by a state agency which refuses to change its interpretations of 1981 administrative rules in spite of a dramatically altered solid waste scene), which will only add additional capacity which is not required for the short-term needs (3 to 5 years) of the County's solid waste generators and which excess will become an additional competitor for the region's limited waste stream, thereby attracting even more out-of-state and out-of-country wastes as the operators of the numerous landfills seek to maximize their operation levels. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners reaffirms the problems previously identified, the urgency for corrective actions required at both a national and state level, and the solutions presented, as expressed in Miscellaneous Resolutions 93001 and 93170; and BE IT FURTHER RESOLVED that Michigan's legislators be urged to adopt additional changes to Act 641 so that forced sitings of additional disposal capacity do not occur, unless a county cannot demonstrate that it has access to at least 5 years of disposal capacity at in-county sites, at sites in other counties where such is permissive in the approved Act 641 plans, or at out-of- state sites; and BE IT FURTHER RESOLVED that such changes should be enacted on an emergency basis, with immediate effect, and which override existing plan language, litigation, or administrative edicts which may force a county to site Commissioners Minutes Continued. April 28, 1994 259 additional disposal capacity when it has access to more than 5 years of disposal needs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners places an immediate moratorium on implementing the 1981 Administrative rules until the legislature deals with the issues set forth in this resolution. Chairperson, we move adoption of the foregoing resolution. Larry P. Crake, Donna R. Huntoon, Sue Ann Douglas, Ruth Johnson, Jeff Kingzett, Lawrence Obrecht, Dennis N. Powers, Marilynn Gosling The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #94080 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING DIVISION - WOODWARD AVENUE CORRIDOR STUDY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the cities of Berkley, Birmingham, Ferndale, Huntington Woods, Pleasant Ridge, and Royal Oak have expressed a desire to cooperatively work together to prepare a Woodward Avenue Corridor Plan; and WHEREAS Oakland County, through the Development and Planning Division has agreed to provide project management and some staff support; and WHEREAS operational expenses associated with the preparation of the Woodward Avenue Corridor Study are estimated to be $77,000; and WHEREAS the operational expenses will be fully financed by the participating cities, grants, and private sector contributions, with no funding by Oakland County required; and WHEREAS there is a need to manage and account for the operating expenses by Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the establishment of Fund #70504 for the Woodward Avenue Corridor Study. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copies of attachments on file in County Clerk's office. FISCAL NOTE (Misc. #94080) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING DIVISION - WOODWARD AVENUE CORRIDOR STUDY Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #94080 and finds: 1. Various communities within Oakland County have expressed a desire to cooperatively work together to prepare a Woodward Avenue Corridor Plan. 2. Operational expenses associated with the preparation of the Woodward Avenue Corridor Study will be filly financed by the participating cities, grants, and private sector contributions, with no funding required by Oakland County. Commissioners Minutes Continued. April 28, 1994 260 3. The establishment of Fund #70504 will account for the expenses for the Woodward Avenue Corridor Study and a budget, as shown below, will be established. Revenue 1994 3-70504-192-01-00-2107 Donations $76,280 $76,280 Expenditure 4-70504-192-01-00-3128 Professional Services 38,500 4-70504-192-01-00-4098 Photographic Expense 2,000 4-70504-192-01-00-6672 Print Shop 18,655 4-70504-192-01-00-3715 Studio Expense 6,000 4-70504-192-01-00-4827 Drafting Supplies 3,100 4-70504-192-01-00-4908 Photographic Supplies 3,025 4-70504-192-01-00-4909 Postage Expense 5,000 $76,280 $ -0- Moved by Palmer supported by Oaks the resolution be adopted. AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94128 BY: Public Services Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - DISPOSITION OF PROPERTY HELD BY SHERIFF To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff of Oakland County, by letter of April 1, 1994, has requested authority from this Board to dispose of recovered stolen property which has been unclaimed for six months or more after recovery, such authority being necessary pursuant to the provisions of Act 54 of the Public Acts of 1959, as amended, said recovered stolen property to be disposed of by manner of public auction to be held, Saturday, May 7, 1994. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Sheriff of Oakland County to dispose of such unclaimed recovered stolen property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Attachment on file in the County Clerk's office. Moved by Obrecht supported by Miltner the resolution be adopted. AYES: Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94129 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson Commissioners Minutes Continued. April 28, 1994 261 IN RE: SHERIFF DEPARTMENT - CRIMP PROGRAM SAVINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #93106, the Oakland County Board of Commissioners approved the Cost Reduction Incentive Management Program (CRIMP); and WHEREAS the Sheriff Department requested that the Department of Central Services/Support Services Division determine the actual savings to the County's governmental fund budget by changing the markings on Sheriff patrol vehicles from painted black markings on the side and roof, to the striping of vehicles; and WHEREAS the average turnover for Sheriff Department is 48 vehicles per year; and WHEREAS the use of striping on Sheriff patrol vehicles will result in actual savings of $65.50 per car and increase the resale value by $500 per vehicle resulting in annual savings of $22,500 (see attached schedule); and WHEREAS the annual savings from the striping of Sheriff's patrol vehicles is eligible for CRIMP. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners recognizes the efforts of the Sheriff Department and the Department of Central Services/Support Services Division related to implementing the CRIMP program. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of attachments on file in the County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94130 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: ANIMAL CONTROL - ADOPTION/STERILIZATION AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 339 of 1919 as amended (the Dog Law); and WHEREAS the Animal Control Division operates an Animal Care Center that provides an adoption program to the public; and WHEREAS it is the responsibility of this Division to reduce overpopulation of unwanted animals in Oakland County; and WHEREAS the Animal Control Division will secure a deposit from the adopter for sterilization at time of adoption; and WHEREAS the Animal Control Division will refund this deposit when adopter provides this Division with verification that the adopted animal has been sterilized. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the attached agreement for Adoption/Sterilization. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Adoption/Sterilization Agreement on file in County Clerk's office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94131 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT - EMPLOYMENT AND TRAINING DIVISION BUDGET Commissioners Minutes Continued. April 28, 1994 262 AMENDMENT - PROGRAM YEAR 1993 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #93167 established the Employment and Training Division's Budget for Program Year 1993, which covers the period of July 1, 1992 to June 30, 1993; and WHEREAS the Employment and Training Division's Program Year 1993 Budget of $6,670,470 was totally based on federal Job Training Partnership Act (JTPA) and state funds, including estimated carry forward dollars and an estimated JTPA 5% Incentive Award; and WHEREAS final notice of the JTPA allocation, including final carry forward funds and 5% funds, has been received from the Michigan Jobs Commission for program periods and funding sources as outlined in Attachment A; and WHEREAS the funding sources as shown in Attachment A for the total amount of $6,729,632 serve as the Program Year 1993 fund availability, an increase of $59,162 from the estimated fund availability approved by Miscellaneous Resolution #93167. NOW THEREFORE BE IT RESOLVED that the Employment and Training Division's Program Year 1993 Budget for the period of July 1, 1993 through June 30, 1994 be amended to the total amount of $6,729,632 as follows: 1. to decrease the Administrative Budget from $856,911 by $21,178 to $835,733 for staff salaries, fringe benefits, and related operating costs; and 2. to maintain an Administrative Budget of $274,633 for the JTPA contractors' administrative operating costs; and 3. to increase the appropriation for JTPA program operations from $5,538,926 by $80,340 to $5,619,266. BE IT FURTHER RESOLVED that the Employment and Training Division will prepare and present a written status report to the Public Services Committee on a yearly basis. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Attachment A on file in County Clerk's office. FISCAL NOTE (Misc. #94131) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT - EMPLOYMENT AND TRAINING DIVISION BUDGET AMENDMENT - PROGRAM YEAR 1993 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 #94131 and finds: 1) The Employment and Training Division has requested to amend its 1993/1994 Program Year Budget to reflect a decrease in the Administrative Budget from $856,911 to $835,733, maintain an Administrative Budget of $274,633 for JTPA contractors' costs and increase the JTPA Program Operations Budget from $5,538,926 to $5,619,266, for a total net increase of $59,162. 2) The net increase of $59,162 includes final carry forward funds and JTPA 5% incentive funds received from the Michigan Jobs Commission for program periods and funding sources as outlined in Attachment A. 3) The proposed budget amendment in the attached schedule is recommended to reflect an increase in the 1993/1994 Program Year Budget from $6,670,470 to $6,729,632. FINANCE COMMITTEE Copy of Attachment A on file in County Clerk's office. Moved by Obrecht supported by Moffitt the resolution be adopted. Commissioners Minutes Continued. April 28, 1994 263 AYES: Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Moved by McCulloch supported by Douglas the rules be suspended for immediate consideration of a resolution regarding contracting a outside lobbyist, with knowledge of solid waste. AYES: Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub. (21) NAYS: Aaron, Oaks, Pernick. (3) A sufficient majority having voted therefor, the rules were suspended and the resolution - Board of Commissioners - Authorization to Contract with Outside Lobbyist - was before the board. MISCELLANEOUS RESOLUTION #94132 BY: Commissioner Sue Douglas, et al IN RE: BOARD OF COMMISSIONERS - AUTHORIZATION TO CONTRACT WITH OUTSIDE LOBBYIST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Act 641, the Solid Waste Management Act, requires that Michigan counties plan for 20 years of disposal capacity for solid waste; and WHEREAS the forced siting of landfills through an interim siting mechanism is initiated once Oakland County falls just one day under 20-years of actual capacity; and WHEREAS landfills are so plentiful in southeast Michigan that rates have dropped dramatically over the last two years, and many landfill operators must take foreign and out-of-state waste to remain economically viable; and WHEREAS the Michigan Department of Natural Resources has, through the settlement of a lawsuit with an Oakland County landfill developer, set a series of deadlines for Oakland County, and only Oakland County, to meet that preclude the possibility of negotiating the necessary capacity with neighboring counties; and WHEREAS Senator Mat Dunaskiss and Representative Thomas Middleton are introducing legislation which will reduce the planning period in Act 641 to 10 years and allow the forced siting of landfills to occur only when a county has less than five years of capacity; and WHEREAS these bills must be passed by both the Michigan Senate and the Michigan House in a very short period of time to prevent the forced siting of unnecessary landfills in Oakland County; and WHEREAS the crucial nature of this legislation requires that Oakland County take every action possible to expedite the adoption of these bills; and WHEREAS the Oakland County Board of Commissioners has supported these changes to Act 641 by adoption of Miscellaneous Resolution 93170. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to retain a lobbyist with a working knowledge of Act 641 to promote Oakland County's interests during this legislative process BE IT FURTHER RESOLVED that the amount expended to retain said lobbyist shall not exceed ten thousand ($10,000) dollars, such funding to be derived from the Board of Commissioners' Legislative Expense line item. Chairperson, we move adoption of the foregoing resolution. Larry P. Crake, John McCulloch, Sue Douglas, Donna R. Huntoon, Lawrence A. Obrecht, Kay Schmid, Commissioners Minutes Continued. April 28, 1994 264 Ruth Johnson, Nancy Dingeldey, John P. Garfield, Shelley Taub, Jeff Kingzett, Donn L. Wolf, Dennis N. Powers, Eugene Kaczmar Moved by Douglas supported by Palmer the resolution be adopted. Discussion followed. Moved by Moffitt supported by Pernick the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by replacing the words "retain a lobbyist" with solicit proposals from lobbyists and further, after the words "Act 641", add , identity subject to Board approval,. Discussion followed. The Chairperson stated a "YES" vote supports the amendment and a "NO" vote does not. AYES: Aaron, Gosling, Law, McPherson, Miltner, Moffitt, Oaks, Pernick. (8) NAYS: Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, Obrecht, Palmer, Powers, Schmid. (16) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub. (21) NAYS: Aaron, Oaks, Pernick. (3) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94133 BY: Charles E. Palmer, County Commissioner, District #16 IN RE: FUNDING FOR COOPERATIVE EXTENSION SERVICES SUMMER LIBRARY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted the 1994-1995 Budget on December 9, 1994; and WHEREAS several community services and programs were reduced in dollar support in that budget; and WHEREAS the Cooperative Extension Services budget was cut in order for them to meet their task of 25% reduction; and WHEREAS it has come to light that the 4-H summer library program has been eliminated; and WHEREAS funds are available in the 1995 Reserve for Operating Account. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of $20,000.00 from the Reserve for Operating Account for 4-H services to carry out their summer library program. Chairperson, I move the adoption of the foregoing resolution. Charles E. Palmer, Lawrence A. Obrecht The Chairperson referred the resolution to the Public Services and the Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #94134 BY: Kay Schmid, Commissioner, District #17; Nancy Dingeldey, Commissioner, District #11; Ruel E. McPherson, Commissioner, District #25 IN RE: SUPPORT FOR CONTINUED OPERATION OF THE EMERGENCY FOOD ASSISTANCE Commissioners Minutes Continued. April 28, 1994 265 PROGRAM (TEFAP) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Livingston Human Service Agency (OLHSA) has operated a wide range of human service programs for Oakland and Livingston counties since its founding as a Community Action Agency in 1965; and WHEREAS in addition to distribution approximately 2400 food boxes quarterly to eligible Focus Hope recipients, OLHSA distributes The Emergency Food Assistance Program (TEFAP) commodity food on a quarterly basis to approximately 5,000 income eligible Oakland County households and approximately 300 income eligible Livingston County households (approximately 6,500 and 700 individuals, respectively); and WHEREAS OLHSA has established and maintained a sufficient number of public and private (senior citizen) distribution sites to ensure effective distribution of TEFAP commodity food to low income households; and WHEREAS OLHSA disseminates information on available OLHSA and area human service programs, as well as recipes on how to prepare the commodity food. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends that the OLHSA Governing Board advocate for the continued funding of The Emergency Food Assistance Program (TEFAP) at current levels, in FY 1995. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners commend OLHSA and their volunteers who have contributed to the successful distribution of TEFAP commodity food to residents in need. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners advise our U.S. Senators, our Congressmen and the National Association of Counties of our support for continued funding of TEFAP at current levels in FY 1995. Chairperson, we move the adoption of the foregoing resolution. Kay Schmid, Nancy L. Dingeldey, Ruel McPherson The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #94135 BY: Commissioner Ruel McPherson IN RE: FACILITIES MAINTENANCE - ESTABLISHMENT OF PREVAILING WAGE AND FRINGE BENEFITS FOR CONSTRUCTION CONTRACTS OVER $100,000 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS communities throughout southeastern Michigan including the cities of Southgate, River Rouge, Garden City, Detroit, have adopted ordinances which require that the bidding of construction contracts in excess of certain stated dollar amounts must include the requirement that all contractors and subcontractors must pay the prevailing wage and fringe benefits; and WHEREAS based on the Department of Labor survey's of construction-related job classification, prevailing wage and fringe benefit levels are required by the United States Government and the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby require that all contractors wishing to bid on a county construction project estimated to cost $100,000 or more be notified that successful bidding contractor and all subcontractors shall be required to employ all workers at wage and fringe benefits not less than the wage and fringe benefit prevailing rate, established by the most recent survey of the Michigan Department of Labor for Prevailing Wage. BE IT FURTHER RESOLVED that a schedule of prevailing wage and fringe benefits for all classes of construction mechanic called for in a contract shall be printed in the bidding forms, and such bidding form shall contain the requirement that all successful bidding contractors shall prominently post at Commissioners Minutes Continued. April 28, 1994 266 the construction site, such wage and fringe benefit rate. BE IT FURTHER RESOLVED that a contractor's right to proceed with or be paid for work done shall be contingent upon meeting all requirements for paying prevailing wage and fringe benefits. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson Jeff Kingzett, Lawrence Pernick, Dennis M. Aaron, Eugene Kaczmar, Lillian Jaffe Oaks The Chairperson referred the resolution to the General Government, Planning and Building and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #94136 BY: Marilynn E. Gosling, County Commissioner, District #14 IN RE: PUBLIC HEALTH WEEK IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Governor John Engler has declared the week of May 16-20, 1994, as the first Public Health Week in Michigan; and WHEREAS Michigan Public Health Week, a cooperative effort of the Michigan Public Health Association, the Michigan Association for Local Public Health and the State Health Department provides an opportunity for a celebration of the community to promote wellness and the benefits of preventive services; and WHEREAS local health departments provide the greatest number of state- mandated and discretionary public health services; and WHEREAS the Oakland County Health Division was the first county health department in the State and since 1926, with its myriad of functions and programs, has fulfilled the health needs of the people of Oakland County in an efficient and progressive manner that has kept it among the very best in the State or the Nation; and WHEREAS the continued safeguarding and improvement of the health status of our citizens depends on health programs and services emphasizing the preventive aspects of disease; and WHEREAS we, the Oakland County Board of Commissioners duly recognize the important contributions to the health of our citizens by public health services delivered by our own Health Division as well as many other health providers in the county. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accords the highest accolade of tribute to our health workers who deliver important public health services which improve the health and well being of our citizens. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners join with Oakland County Health Division staff in celebrating the week of May 16-20, 1994, as the first Public Health Week in Oakland County. Chairperson, I move the adoption of the foregoing resolution. Marilynn E. Gosling The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #94137 BY: Jeff Kingzett, County Commissioner, District #7 IN RE: BOARD OF COMMISSIONERS - TRAVEL RESTRICTIONS FOR "LAME DUCK" COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS travel to conferences and educational seminars gives county commissioners an opportunity to learn about new developments at the state and Commissioners Minutes Continued. April 28, 1994 267 national level; and WHEREAS information and new ideas gained by this travel to conferences and educational seminars is valuable only when put to use for the good of Oakland County citizens; and WHEREAS there is significantly less value in travel to conferences and educational seminars by commissioners who will continue to serve only a limited period of time. NOW THEREFORE BE IT RESOLVED that lame duck commissioners are restricted from travel in their capacity as County Commissioners, or as members of any other county board on which they serve by virtue of being a county commissioner. BE IT FURTHER RESOLVED that for the purposes of this resolution, the term "lame duck" shall refer to either a.) commissioners who have not filed for re- election for county office by the proper legal deadline, or b.) commissioners who have been defeated in either primary or general elections. Chairperson, I move the adoption of the foregoing resolution. Jeff Kingzett, Kevin A. Miltner The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: PUBLIC SERVICES a. City of Pleasant Ridge -(Oppose) CLEMIS Fees b. City of Birmingham - (Support) Increase in 9-1-1 User Fees c. City of Oak Park - (Support) Increase in 9-1-1 User Fees There were no objections to the referrals. The Chairperson stated the next meeting of the Board will be May 12, 1994 at 9:30 A.M. The Board adjourned at 11:15 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson