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HomeMy WebLinkAboutMinutes - 1994.07.28 - 8173 394 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 28, 1994 Meeting called to order by Chairperson Larry Crake at 9:45 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (24) ABSENT: None. (0) Quorum present. Invocation given by Commissioner Joan Newby. Pledge of Allegiance to the Flag. Commissioner Newby led the singing of the National Anthem. Moved by Schmid supported by Pernick the minutes of the July 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 FINANCE b. Department of Management and Budget/Purchasing Division - Purchasing Contracting Procedures for Community Mental Health (Reason for suspension: Waive Rule XII(E) - Procedure to Bring Matters Before the Board. Direct referral to Finance Committee) c. Retirement Commission/Defined Contribution Retirement Program - Selection of Administrator d. Health Benefit Consultant - Request for Proposal (Reason for suspension for Finance, items c and d: Waive Rule XI(C)1. Standing Committee's Responsibilities. [Bypassed the Liaison Committee- Personnel]) GENERAL GOVERNMENT Commissioners Minutes Continued. July 28, 1994 395 a. Board of Commissioners/Reference Library - Creation of One (1) PTNE Librarian Position PLANNING AND BUILDING a. Drain Commissioner/Caddell Drain - Drain Bonds - Full Faith and Credit Resolution b. Drain Commissioner - Resolution to Authorize the Issuance of Bonds to Defray the Cost of Wastewater Treatment Plant Improvements to the Holly Sewage Disposal System c. Drain Commissioner - Approval of Project Cost and Assessment Roll, Advance of Funds for Long Lake (Reason for suspension for General Government, item a. and Planning and Building, items a, b and c: Waive Rule XII(E) - Procedure to Bring Matters Before the Board. Direct referral to Finance Committee.) Discussion followed. Vote on suspension: AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Law, McCulloch, McPherson, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (22) NAYS: Kingzett. (1) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Clerk read communication from Glen Yrjanainen regarding a resolution for Long Lake Augmentation Well Project. The Chairperson stated a Public Hearing for the Rose Hill Center, Inc. EDC Project will be held at 10:00 A.M. on August 18, 1994 at the Board of Commissioners' meeting. As part of a memorial tribute, Commissioner Thomas Law eulogized Commissioner Dennis M. Aaron. Commissioner David L. Moffitt delivered the following eulogy: It's always difficult to follow such an eloquent speaker as by fellow County Commissioner Thomas A. Law, more difficult still, because words of suitable elevation are so elusive, to compose a tribute worthy for our departed colleague Commissioner Dennis M. Aaron. In an effort to compose thoughts that would be a theme appropriate to the memory of Mr. Aaron, I took the occasion to review literary accounts of other cultures' views of life and death. Common to all cultures in these matters, it seems, are the notions that first, the departed is still with us, and that second, it's possible that we can do something for or on behalf of the departed. In his book, Journey to Ixtlan, the best-selling author Carlos Castenada was interviewing an Indian of the Yaqui tribe of northern Mexico. Asking of this views regarding death, and perhaps expecting to receive a simplistic, superstitious response, Castenada was astonished when the Indian forcefully insisted that when one dies, one returned to a certain place, a place he called a "place of power": "Every warrior has a place to die. A place of his predilection which is soaked with unforgettable memories, where powerful events left their mark, a Commissioners Minutes Continued. July 28, 1994 396 place where he has witnessed marvels, where secrets have been revealed to him, a place where he has stored his personal power." I submit to you that this place, this Auditorium, was place of personal power for Commissioner Dennis Aaron. He came here almost every two weeks, and even more often, for over twenty-four years. Doubtless, it was a place of unforgettable memories; a place where powerful events left their mark on him; where perhaps he witnessed marvels; and where secrets were revealed to him. Perhaps this will prove to have been such a place for many of us. Granting that the legends that thread through the various cultures contain a measure of truth, as folklore so often seems to, and that perhaps Mr. Aaron is with us, is there anything we can yet do for him? Isn't the record closed on the Honorable Dennis M. Aaron? We can take a hint from Ralph Waldo Emerson, the great American transcendentalist poet, when he said that "Every Man's death diminishes me. . ." Life is the poorer, we lose from life's capital, when an individual of Dennis Aaron's stature passes away. Think for a moment. How often do we overlook the wisdom, advice, counsel, humor, or friendship of our fellows here? How often have we given short shrift to a resolution prepared by one of our colleagues? How often have we walked out on an issue important to another Commissioner, or didn't read a memo perhaps representing the fruit of another Commissioner's thoughts on a topic, or gave no real heed to an opinion they held? Then suddenly, they're gone. All of us have done this at one time or another, and all of us have had this done to us. The Walk on Earth of people like Dennis Aaron is rare and brief. What can we do for Dennis Aaron now? We should let his passing remind us how precious a commodity our fellows are to each of us. The advice, experience, perspective and energy of our fellows should be respected, not diluted in private nor scorned in public, but debated, weighed, and used to benefit us all. If we do this, we'll have done something for Dennis. He'll have done something for us, and we'll have done something for good government in Oakland County. And Dennis would have liked that. Deputy County Executive Doug Williams read a commemorative plaque which will be hung in the Board of Commissioners Auditorium. On behalf of the Circuit Court, the Honorable Edward Sosnick and Court Administrator Judy Cunningham read a letter from Chief Judge Hilda Gage; the letter was presented to Mrs. Aaron. The Honorable Joan Young, the Honorable Barry Grant and Probate Court Administrator Barbara Consilio presented a memorial tribute on behalf of the Probate Court. On behalf of the Board of Commissioners, Commissioner Lawrence Pernick, along with Chairperson Larry Crake and Vice Chairperson Ruth Johnson, presented the following memorial tribute: Beyond what we are required to do, there are those who are called to do more; who by their very nature can never rest until they have given the utmost in the performance of their duties. For those with that calling, the demands of life are many, but so are its rewards. Our friend, Dennis M. Aaron was such a person. The rewards of his life, both in his career in the legal profession and in Commissioners Minutes Continued. July 28, 1994 397 civic and community service, were many. For his lifetime of commitment to others, he garnered not just acquaintances, but vast numbers of staunch and loyal friends. We are grateful for the opportunity to have known and worked with Dennis. We, who have come to recognize the quintessence of his caring spirit, his forthright speech and his absolute confidence in the values he lived by which were never shunned for capricious conventional wisdom or political expediency, are forever in his debt. The respect he has engendered is a monument to his loving character, his love of life, his love of his fellowman, his love of his family, his Country and community. Dennis Aaron, with a personality larger than life, has left each of us with many private remembrances; but to all of us, he is an abiding presence which will never leave this County. As a man who lived his life fully, but lived it equally for others, he has raised the definition of public service and has shaped the future of Oakland County. In this tribute to Denny, we cannot say good-by; we say thank you. Thank you to a friend who has walked with us this far, and whose principles and example will continue to guide us. This Memorial Tribute to our dear friend, Dennis M. Aaron, County Commissioner District #23, has been spread upon the minutes of this meeting as unanimously presented and adopted by the entire Oakland County Board of Commissioners this 28th Day of July, 1994, and it is directed that a copy bearing the seal of the County of Oakland be presented to his wife, Marilyn, with our deepest sympathy. Larry P. Crake. Chairman Oakland County Board of Commissioners Commissioner Aaron's sons, Brian and Jonathan, addressed the Board. The Chairperson called for a short break before continuing with the meeting. Roll called. PRESENT: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (24) ABSENT: None. (0) Quorum present. MISCELLANEOUS RESOLUTION #94218 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - MAY THRU JUNE 1994 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the Department of Information Technology budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the May thru June 1994 data processing development charges to be $307,133 and the imaging development charge to be $21,854 for the governmental fund County departments; and Commissioners Minutes Continued. July 28, 1994 398 WHEREAS direct charges to non-governmental fund departments and non-County agencies are $220,081 for May thru June 1994; and WHEREAS an appropriation transfer to governmental fund county departments is needed to fund these developments charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the May thru June 1994 Data Processing Development and finds $307,133 in the 1994 Data Processing Development budget (account #4-10100-181-01-00-6361) for transfer to the appropriate user departments consistent with the attached schedule. BE IT FURTHER RESOLVED that $21,854 be transferred from the Imaging Development budget (account #4-10100-181-01-00-6367) to the Friend of the Court and Clerk's budget as detailed on the attached schedule. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Schedule on file in the County Clerk's office. Moved by McCulloch supported by Schmid the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #94219) BY: General Government Committee, Donald Jensen, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION - PURCHASING/CONTRACTING PROCEDURES FOR COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above- referenced resolution on June 27, 1994, recommends the resolution be adopted with the following additional paragraph: BE IT FURTHER RESOLVED that all Community Mental Health contracts for providing of services and capital equipment shall be approved and authorized by the full Community Mental Health Services Board, reviewed by Oakland County Corporation Counsel, and signed by the Chairperson of the Community Mental Health Services Board. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #94219 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION - PURCHASING/CONTRACTING PROCEDURES FOR COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS through Public Acts 167 and 168 of 1993, the Michigan State Legislature required all local units of government to conduct a sealed competitive bid process for any contract over $20,000 except where the governing body of the local unit of government Commissioners Minutes Continued. July 28, 1994 399 exempts certain services through a written policy; and WHEREAS on February 10, 1994, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #94015 revising the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL to conform with the requirements of Public Acts 167 and 168 of 1993; and WHEREAS Miscellaneous Resolution #94015 further granted the Division of Community Mental Health a temporary exemption to the revised purchasing procedures to allow sufficient time for the Full Management Transition Team to review the impact of the public acts and recommend purchasing procedures for Community Mental Health; and WHEREAS the Full Management Transition Team has recommended to the Community Mental Health Board the proposed purchasing/contracting procedures contained in Attachment A; and WHEREAS the Community Mental Health Board approved the purchasing/contracting procedures as recommended by the Full Management Transition Team on June 21, 1994, and requests the Board of Commissioners include the recommended procedures in the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners incorporates into the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL, the Purchasing/Contracting Procedures for Community Mental Health listed in Attachment A. BE IT FURTHER RESOLVED that all Community Mental Health contracts for providing of services and capital equipment shall be approved and authorized by the full Community Mental Health Services Board, reviewed by Oakland County Corporation Counsel, and signed by the Chairperson of the Community Mental Health Services Board. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A on file in the County Clerk's office. Moved by McCulloch supported by Gosling the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Gosling the resolution be adopted. Moved by Taub supported by Gosling the resolution be amended in the Purchasing/Contracting Procedures for Community Mental Health, Section II (CONTRACT FORMAT), Item D (Responsibilities in contract development), Item 1(b), by changing the line so it reads as follows: "Develop and conduct contract performance measurements to include quality assurance measures." A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey. (23) NAYS: None. (0) Commissioners Minutes Continued. July 28, 1994 400 A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #94220 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: RETIREMENT COMMISSION/DEFINED CONTRIBUTION RETIREMENT PROGRAM - SELECTION OF ADMINISTRATOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted a Defined Contribution Retirement Plan (Miscellaneous Resolution #94185 - June 23, 1994) for new employees, effective July 1, 1994; and WHEREAS successful implementation of a Defined Contribution Retirement Plan requires the expertise of an outside consultant specializing in the administering of such plans; and WHEREAS an extensive Request for Proposal process was engaged to identify and recommend a specialist with public sector experience and the capacity to customize a Defined Contribution Retirement Program that meets the unique needs of Oakland County employees, including self-directed investment options, national portability, participant education and information services; and WHEREAS the County Executive recommends the selection of the International City Management Association (ICMA) Retirement Corporation as the Defined Contribution Retirement Plan administrator, a nonprofit corporation serving $3.5 billion of the public employer assets, covering over 4,000 public employees; and WHEREAS the ICMA Retirement Corporation fee structure includes: - Plan Administration Fees-0.35% on assets under management - Investment Advisory Fees-0.10% on assets under management; and WHEREAS it is recommended that two sources of funds be utilized to defray the aforementioned plan administration and investment advisory expenses, first, the savings that accrues to the benefit of active employees when participants terminate prior to reaching vested status, and second, the reduced investment advisory costs of the current Defined Benefit Retirement Program that derives from migration of assets to the Defined Contribution Retirement Plan. NOW THEREFORE BE IT RESOLVED that, upon the recommendation of the County Executive and the Oakland County Retirement Commission, the Board of Commissioners authorizes the selection of the International City Management Association (ICMA) Retirement Corporation as the program administrator of Oakland County's Defined Contribution Retirement Plan. BE IT FURTHER RESOLVED that two sources of funds be utilized to defray the specified plan administration and investment advisory expenses first, the savings that accrues to the benefit of active employees when participants terminate prior to reaching vested status, and second, the reduced investment advisory costs of the current Defined Benefit Retirement Program that derives from migration of assets to the Defined Contribution Retirement Plan. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Oaks the resolution be adopted. AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Commissioners Minutes Continued. July 28, 1994 401 Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94221 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: HEALTH BENEFIT CONSULTANT - REQUEST FOR PROPOSAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as a result of escalating health benefit costs, increasing budget constraints and the need to comprehensively review the employee health benefit package, Oakland County is desirous of soliciting proposals from firms qualified to provide consulting services on Group Health Insurance and related benefits; and WHEREAS the consulting firm selected for this effort will perform an overall functional, financial and competitive analysis of the County's current health benefit program; and WHEREAS as a result of the foregoing evaluation and based on the experience of the Oakland County employee population, this firm will determine if a more cost effective health benefit design can be recommended; and WHEREAS in addition, this firm will develop Requests for Proposals (RFPs) for health benefit providers in cooperation with the Fringe Benefit Review Committee, Corporation Counsel and the Purchasing Manager, evaluate the RFP responses, negotiate rates and make recommendations to ensure continuation of the best health insurance coverage possible for Oakland County employees and retirees at the most economical employer cost; and WHEREAS lastly, this firm will work with Corporation Counsel to obtain formal written contracts acceptable to Oakland County with all health service providers selected and assist in the education necessary for successful open enrollment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the issuance of a formal Request for Proposal (RFP) to firms qualified to provide consulting services on Group Health Insurance and related benefits. BE IT FURTHER RESOLVED that the Fringe Benefit Review Committee evaluate the responses to the RFP and subsequently report its recommendation to the Finance Committee prior to final authorization to proceed is given by the Board of Commissioners. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Powers the resolution be adopted. Moved by Kingzett supported by Powers the resolution be amended in the BE IT FURTHER RESOLVED paragraph to have the Fringe Benefit Review Committee's recommendation report to the Personnel Committee also. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Commissioners Minutes Continued. July 28, 1994 402 Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc #94222) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT - RENOVATIONS TO COURTHOUSE TO PROVIDE TWO ADDITIONAL COURTROOMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bid results for the above-referenced project on July 19, 1994, reports with the recommendation that the contract be awarded to the lowest responsible bidder, F. J. Jones & Co., of Southfield, Michigan, in the amount of $529,325, at a total project cost of $659,000. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing Report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #94222 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING DIVISION - AWARD OF CONTRACT - RENOVATIONS TO COURTHOUSE TO PROVIDE TWO ADDITIONAL CIRCUIT COURT COURTROOMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #94190, dated June 23, 1994, the Board of Commissioners authorized the County Executive's Facilities Engineering Division to prepare drawings and specifications for construction of one new court suite and alternate bids for the construction of a second court suite; and WHEREAS in accordance with bidding procedures, bids for this project were received and opened on July 8, 1994; and WHEREAS the County Executive's Department of Facilities Management has reviewed all bids submitted and recommends that the lowest responsible bidder, F. J. Jones & Co., Southfield, Michigan, be awarded a contract in the amount of $529,325; and WHEREAS the total project cost for Courthouse renovations to provide two additional Circuit Court courtrooms is estimated to be $659,000; and WHEREAS funding in the amount of $500,000 is available from the 1994 Capital Improvement Program for Buildings and the balance of $159,000 is available from the 1993 Capital Improvement Program carry forward. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The Oakland County Board of Commissioners authorizes the transfer of $659,000 from the Capital Improvement Program - Building Fund #40100 to the Project Work Order Fund #40400 to establish the Circuit Court Courtroom Renovation Project. 2) The contract proposal of F. J. Jones & Co., of Southfield, Michigan, in the amount of $529,325 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $129,675 to cover the remaining project costs including Contingency. Commissioners Minutes Continued. July 28, 1994 403 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with F. J. Jones & Co., on behalf of the County of Oakland. 5) The County Executive's Department of Facilities Management, Facilities Engineering Division, shall notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by McCulloch supported by Law the Planning and Building Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Law the resolution be adopted. AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #94223) BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: BOARD OF COMMISSIONERS/REFERENCE LIBRARY - CREATION OF ONE (1) PTNE LIBRARIAN POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 20, 1994, reports that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #94223 BY: General Government Committee, Donald Jensen, Chairperson IN RE: BOARD OF COMMISSIONERS/REFERENCE LIBRARY - CREATION OF ONE (1) PTNE LIBRARIAN POSITION TO the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #94195, the Board of Commissioners approved an agreement with the Waterford School District to provide a quality education for Children's Village residents through the provision of education and administrative staff by the District; and WHEREAS a component of the educational process includes the operation of a library; and WHEREAS under the 1994-97 contract, the County agreed to provide librarian services to the Children's Village School Library at a reduced cost than previously paid; and WHEREAS the Oakland County Reference Library provides Library Services for the Oakland County Government; and Commissioners Minutes Continued. July 28, 1994 404 WHEREAS funding is available in the Children's Village contract to cover the cost of library services. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of one (1) PTNE 1,200 hour/year Librarian for the operation of the Children's Village Library. This position will be multi-filled. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #94223) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: BOARD OF COMMISSIONERS/REFERENCE LIBRARY - CREATION OF ONE (1) PTNE LIBRARIAN POSITION 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 #94223 and finds: 1) Pursuant to Miscellaneous Resolution #94195, Oakland County and Waterford Schools have contracted to ensure a quality education for Children's Village residents. 2) A component of the education process that Oakland County has agreed to provide is the operation of a library. 3) The school year runs from August 21 through August 20. 4) Classes run on for 45 days then off for 15 days continually throughout the school year. 5) In order to properly staff the library one (1) PTNE Librarian I position is needed for a total of 1200 hours annually. This position will be multi-filled. 6) The annual cost of this position will be approximately $18,925. The cost of the 1994 balance of $6,308 will be taken from the 1994 budget. Funding is available in the Children's Village Budget to cover the position cost. 7) The 1994/1995 Budget shall be amended as specified below, to provide Children's Village School with one (1) PTNE Librarian position: 1994 1995 4-29230-165-55-00-3726 Teachers Services $( 6,308) $(18,925) And Expenses 4-29230-513-01-00-1001 Salaries 5,704 17,112 4-29230-513-01-00-2070 Fringe Benefits 604 1,813 $ 0 $ 0 FINANCE COMMITTEE Moved by Jensen supported by Kaczmar the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Kaczmar the resolution be adopted. Commissioners Minutes Continued. July 28, 1994 405 AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (23) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94224 BY: General Government Committee, Donald Jensen, Chairperson IN RE: BOARD OF COMMISSIONERS - AUTHORIZATION FOR THE OAKLAND COUNTY DEVELOPMENT AND PLANNING DIVISION TO CHARGE A FEE FOR EDUCATIONAL MATERIALS FOR SEMINAR CONDUCTED IN COMMISSIONERS' AUDITORIUM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Development and Planning Division is sponsoring a Planning/Zoning Commissions Workshop administered by the Michigan Society of Planning Officials. WHEREAS the Development and Planning Division would like to hold this workshop at the Commissioners Auditorium. The Board of Commissioners Rules and Regulations states that no fee for attendance can be collected by any organization using the Commissioners Auditorium. WHEREAS the Workshop focuses on the information and skill development needs of new planning commissioners or zoning board members and will also provide an opportunity for those with more experience to update their skills and knowledge. WHEREAS the proposed seminar is scheduled for October 15, 1994, should this seminar be successful, the Development and Planning Division plans to host one (1) such seminar a year; and WHEREAS participants in the seminar will be required to pay $12.50 for conference educational material. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves of the Development and Planning Division's sponsoring of seminars to enhance community knowledge of local planning and zoning. BE IT FURTHER RESOLVED that the Board of Commissioners waives the regulation prohibiting the collection of fees at the Commissioners' Auditorium for the above-referenced seminar and hereby approves the charge of $12.50 to cover educational material expenses. BE IT FURTHER RESOLVED that an accounts payable be established, in the General Fund, to receipt all fee revenue from the seminar and to pay all educational material expenses, after the seminar the account will result in a zero balance. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Moffitt the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (23) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution Commissioners Minutes Continued. July 28, 1994 406 was adopted. MISCELLANEOUS RESOLUTION #94225 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: SEMCOG - EMISSION REDUCTION FOR AIR QUALITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG is organizing a business/government coalition, the Clean Air Coalition of Southeast Michigan, to assure that the 7-county SEMCOG region stays in compliance with federally mandated air quality standards; and WHEREAS SEMCOG has petitioned the United States Environmental Protection Agency to redesignate our seven-county area as a "Clean Air Area", which would allow the citizens of our county to be out from under additional mandatory control measures for auto emissions; and WHEREAS the Coalition is asking that business and the public take voluntary low-cost and no-cost action to assure that ozone levels stay within acceptable limits. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support the efforts of SEMCOG and the Clean Air Coalition of Southeastern Michigan by requesting that all Oakland County citizens voluntarily defer certain activities, such as using gasoline-powered equipment, fueling cars and trucks in daytime hours, and by using lower vapor pressure gasoline, and by carpooling and eliminating non-essential driving on Ozone Action Days. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to SEMCOG, and to all major newspapers serving Oakland County. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Jensen supported by Huntoon the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Taub, Wolf, Crake, Dingeldey, Douglas, Gosling, Jensen. (20) NAYS: Schmid, Garfield, Huntoon, Johnson. (4) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #94214) BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: COUNTY CLERK-REGISTER OF DEEDS/ELECTIONS - CREATION OF (1) STUDENT POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on June 29, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #94214 BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: COUNTY CLERK-REGISTER OF DEEDS/ELECTIONS - CREATION OF (1) Commissioners Minutes Continued. July 28, 1994 407 STUDENT POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS one of the main functions of the Election Division is to oversee all county-wide elections and related activities; and WHEREAS the election process requires certain activities to be executed within a restricted time frame; and WHEREAS this division has experienced a significant increase in workload; and WHEREAS additional clerical support will allow existing Election Division staff to attend to more complex duties; and WHEREAS the creation of one (1) Student position will provide appropriate clerical support to maintain a competent operation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) governmental Student position in the County Clerk-Register of Deeds/Election Division. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #94214) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COUNTY CLERK-REGISTER OF DEEDS/ELECTIONS - CREATION OF (1) STUDENT POSITION 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 #94214 and finds: 1) The Elections Division oversees all county-wide elections and related activities. 2) The election process requires certain activities to be executed within a restricted timeframe. 3) Additional clerical support will allow existing election staff to attend to more complex duties. 4) Governmental annual cost is $6,749 in salary and $715 in fringe benefits. 5) Governmental funded cost for the period of August 6, 1994 to December 31, 1994 is $2,829 for salaries and $299 for fringe benefits. 6) Funds are available in the Clerk's budget to cover the position cost, the following amendments to the 1994/95 Budget are recommended: 1994 1995 4-10100-212-01-00-3297 Court Transcripts $(3,128) $(7,464) 4-10100-213-01-00-1001 Salaries $ 2,829 $ 6,749 4-10100-213-01-00-2070 Fringe Benefits 299 715 $ 3,128 $ 7,464 7) The position will be reviewed in July 1995 to determine if it should be retained. FINANCE COMMITTEE Moved by Jensen supported by Pernick the Personnel Committee Commissioners Minutes Continued. July 28, 1994 408 Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Pernick the resolution be adopted. AYES: Law, McCulloch, McPherson, Moffitt, Newby, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (19) NAYS: Kingzett, Miltner, Oaks, Pernick, Kaczmar. (5) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #94186) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COUNTY EXECUTIVE ADMINISTRATION - TITLE AND SALARY CHANGE FOR FIRST ASSISTANT CORPORATION COUNSEL CLASSIFICATION AND EXCLUSION FROM MERIT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on June 30, 1994, reports with the recommendation that the resolution be amended by adding an additional BE IT FURTHER RESOLVED paragraph stating that the appointment of the Deputy Corporation Counsel be submitted to the Board of Commissioners for approval. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing Report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #94186 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: COUNTY EXECUTIVE ADMINISTRATION - TITLE AND SALARY CHANGE FOR FIRST ASSISTANT CORPORATION COUNSEL CLASSIFICATION AND EXCLUSION FROM MERIT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County Executive has announced his intention to appoint Gerald D. Poisson to the position of Corporation Counsel effective July 1, 1994; and WHEREAS this appointment will leave the position of First Assistant Corporation Counsel vacant; and WHEREAS the County Executive proposes to exclude the position and classification from the Merit System and to fill the position by County Executive appointment; and WHEREAS the County Executive also proposes that the title be changed to Deputy Corporation Counsel to better reflect the position's authority; and WHEREAS the County Executive is also concerned that the current salary range for First Assistant Corporation Counsel at salary grade 21 is not competitive and will not attract candidates with the background and level of experience required by the County Executive and Corporation Counsel; and WHEREAS 1993 salary survey information shows an annual weighted average rate for Deputy County Counselors at $76,508; and WHEREAS the First Assistant Corporation Counsel salary Commissioners Minutes Continued. July 28, 1994 409 maximum at grade 21 is $70,179 annually; and WHEREAS the County Executive proposes to increase the salary range to a level equivalent to the attorney chiefs in the Prosecuting Attorney Department, which has a maximum rate close to the 1993 salary survey annual weighted average for Deputy County Counselors. NOW THEREFORE BE IT RESOLVED that the classification of First Assistant Corporation Counsel be excluded from the Merit System and that the salary range be increased as follows: Base 1Yr 2Yr 3Yr 4Yr 5Yr Annual* 70,416 71,698 72,981 74,264 75,546 76,830 Bi-wkly 2708.31 2757.62 2806.96 2856.31 2905.62 2955.00 (*Annual rates shown for illustrative purposes only.) BE IT FURTHER RESOLVED that the title be changed to Deputy Corporation Counsel. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #94186) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: COUNTY EXECUTIVE ADMINISTRATION - TITLE AND SALARY CHANGE FOR FIRST ASSISTANT CORPORATION COUNSEL CLASSIFICATION AND EXCLUSION FROM MERIT 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 #94186 and finds: 1) Resolution proposes to upgrade the position of First Assistant Corporation Counsel, change the title to Deputy Corporation Counsel, and increase the salary. 2) The annual cost of this resolution is $19,770. 3) The increase to the 1994 budget is $8,364. 4) Funds are available in the 1994/1995 Classification and Rate Change Account. 5) The 1994/95 Biennial Budget be amended as follows: 1994 4-10100-909-01-00-9902 Class/Rate Chg. ($ 8,364) ($19,770) 4-10100-115-01-00-1001 Salary-Regular 6,137 14,505 4-10100-115-01-00-2070 Fringes 2,227 5,265 Total $ -0- $ -0- FINANCE COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94226 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PROSECUTING ATTORNEY - RECLASSIFICATION OF ONE (1) PRINCIPAL ATTORNEY POSITION TO A NEW CLASSIFICATION OF CHIEF/LEGAL OPERATIONS - PROSECUTING ATTORNEY OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney's staff and operations have increased to maintain pace with judicial growth and to meet Oakland County's changing law enforcement needs; and Commissioners Minutes Continued. July 28, 1994 410 WHEREAS the increased complexity of day-to-day operational responsibilities of the Prosecutor's office has diluted the Chief Assistant Prosecutor's ability to perform essential management responsibilities such as strategic planning, development of department policies and procedures, and controlling department productivity; and WHEREAS the Prosecuting Attorney has requested that a new classification of Chief-Legal Operations - Prosecuting Attorney Office be created within Executive Staff as third in command with general control over the department on a day-to-day basis, approval of case strategy and dismissal decisions, oversight of specialty units, and approval of departmental expenditures and personnel matters; and WHEREAS to reduce the costs of this request, the Prosecuting Attorney has identified an existing Principal Attorney position to be reclassified to the new classification; and WHEREAS all attorney positions in the Prosecutor's Office are excepted from the Merit System Rules, as per Rule 1, and the proposed new classification will also be excepted. NOW THEREFORE BE IT RESOLVED that the classification of Chief-Legal Operations - Prosecuting Attorney Office be created with the following salary range: Base 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. O/T $72,177 $73,490 $74,806 $76,121 $77,435 $78,750 No BE IT FURTHER RESOLVED that the classification of Chief-Legal Operations - Prosecuting Attorney Office be excluded from Merit System coverage. BE IT FURTHER RESOLVED that Principal Attorney position #41101-01126 be reclassified to Chief-Legal Operations - Prosecuting Attorney Office. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94227 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: COUNTY EXECUTIVE ADMINISTRATION/EXECUTIVE SUPPORT - DOWNWARD RECLASSIFICATION OF GRAPHIC ARTIST POSITION TO TECHNICAL ASSISTANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a recent retirement in the County Executive Administration - Executive Support Unit has resulted in a vacant Graphic Artist position; and WHEREAS there has been a thorough re-evaluation of the duties and responsibilities of this position; and WHEREAS because of technical advancement the duties and responsibilities of this position currently require Desktop Publishing Program experience and other computer related duties that would typically be associated with the Technical Assistant Classification; and WHEREAS this position will perform technical support duties to assist professional and administrative staff members and conduct research for special projects and reports by reviewing documents, gathering data, and organizing information; and Commissioners Minutes Continued. July 28, 1994 411 WHEREAS this position will continue to be located in the Executive Support Unit in order that County Executive Administration and other County departments may continue to utilize the expertise and services of the Technical Assistant on an as needed basis; and WHEREAS the Personnel Department has reviewed this position and recommends that it be reclassified to a Technical Assistant; and WHEREAS no additional cost to the County will be incurred as a result of this downward reclassification, in fact, a savings will be realized as a result of this action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the downward reclassification of the Graphic Artist position (1110501118) in County Executive Administration - Executive Support Unit to a Technical Assistant. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94228 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - MERIT SYSTEM RULES, SUBMISSION OF CHANGES TO MERIT SYSTEM RULES 13, 21 AND 22 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section IV, Subsection A of the Merit System resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless objection is received in writing by the Chairperson of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board; and WHEREAS it has become desirable to change sections of Merit Rules 13, 21 and 22 to incorporate language regarding the flexible benefit plan as spelled out in the attachments to this resolution; and WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of July 20, 1994. NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this notice and the attached copies of the proposed changes to Rules 13, 21 and 22 to all Commissioners present and absent to be considered as the official submission to the Board of Commissioners of the described changes in Rule 13, 21 and 22. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of attachments on file in the County Clerk's office. The Chairperson stated that by Statute the resolution will lay over for thirty (30) days. MISCELLANEOUS RESOLUTION #94229 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - FLEXIBLE BENEFIT PLAN - SECOND YEAR IMPLEMENTATION Commissioners Minutes Continued. July 28, 1994 412 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fringe Benefit Review Committee comprised of representatives for the Board of Commissioners and Departments of Personnel, Risk Management and Management and Budget received authorization from the Board of Commissioners in February of 1994 to implement a flexible benefits program for Oakland County employees; and WHEREAS a flexible benefits plan was implemented effective July 1, 1994, with the assistance of Comericomp Benefits Consulting for non-represented employees and those represented employees whose contract provides for this plan; and WHEREAS Comericomp Benefits Consulting and Oakland County desire to continue with a second year of implementation which will include the current group of employees plus those additional represented employees with which agreement can be reached to be effective January 1, 1995; and WHEREAS Comericomp Benefits Consulting's fees based on an estimated employee population of 2640 covered by the flexible benefits plan are $100,540 including flexible spending account administration. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the continuation of the flexible benefits plan as approved February 10, 1994; and BE IT FURTHER RESOLVED that Comericomp Benefits Consulting be retained for the cost indicated to continue providing enrollment assistance and support for 1995 and flexible spending account administration through March of 1996. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94187 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - MERIT SYSTEM RULES, SUBMISSION OF CHANGE TO MERIT SYSTEM RULE 24A To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless objection is received in writing by the Chairperson of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board; and WHEREAS it has become desirable to change section 24A.3 of Merit Rule 24A as spelled out in the attachments to this resolution; and WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of June 15, 1994. NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this notice and the attached copies of the proposed changes to Rule 24A to all commissioners present and absent to be considered as the official submission to the Board of Commissioners of the described changes in Rule 24A. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Commissioners Minutes Continued. July 28, 1994 413 Copy of attachment on file in the County Clerk's office. Moved by Gosling supported by Douglas the resolution be adopted. AYES: Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94230 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/CADDELL DRAIN - DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Caddell Drain, by resolution adopted on July 12, 1994, authorized and provided for the issuance of drain bonds in the aggregate principal amount of $2,730,000 to defray part of the cost of improvements to the Caddell Drain; and WHEREAS the bonds are to be designated Drain Bonds, Series 1994 are to be dated September 1, 1994, will bear interest at a rate or rates not exceeding 8%, and will be subject to redemption prior to maturity in accordance with the terms and conditions set forth in the bond resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Drain Bonds, Series 1994; and WHEREAS the said drain project is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County of Oakland that the said bonds be sold. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Caddell Drainage District Drain Bonds, Series 1994, and agrees that, in the event the City of Farmington Hills, the City of Farmington, the City of Novi, the State of Michigan, or the County of Oakland shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from the County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. That the County Treasurer is authorized to file with Commissioners Minutes Continued. July 28, 1994 414 the Department of Treasury of the State of Michigan a Notice of Intent to Issue an Obligation with respect to the said Drain Bonds. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #94230) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER/CADDELL DRAIN - DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION 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 #94230 and finds: 1) The resolution authorizes the issuance of Drain Bonds with the County pledging full faith and credit with the Cities of Farmington Hills, Farmington, and Novi, the State of Michigan and the County of Oakland as the primary obligor. 2) The principal amount of the bond issue is $2,730,000 at an interest rate not to exceed 8% to be paid back within 20 years. 3) The statutory limit for County debt is $3,008,744,830 (10% of 1993 State Equalized Value). As of June 30, 1994, the outstanding debt is $370,692,665.93 or approximately 1.2% of the S.E.V. 4) Of the total bond sale of $2,730,000, the County's apportionment is 5.6% ($162,400). 5) The County's share of the assessment will be paid over the life of the bonds and charged to the General Fund Non-Departmental account titled "Road Commission - Drain Assessments". No additional funding is requested at this time. FINANCE COMMITTEE Moved by Palmer supported by Wolf the resolution be adopted. AYES: McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94231 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY THE COST OF WASTEWATER TREATMENT PLANT IMPROVEMENTS TO THE HOLLY SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") and the Village of Holly (the "Village") have entered into the Holly Sewage Disposal System (Wastewater Treatment Plant Improvements) Contract dated as of March 1, 1994 (the "Contract"), pursuant to the Commissioners Minutes Continued. July 28, 1994 415 provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS the Contract provides for the issuance of bonds in one or more series by the County to defray all or part of the cost of the wastewater treatment plant improvements to the Holly Sewage Disposal System as described in the Contract (the "Project"), said bonds to be secured by the contractual obligation of the Village to pay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred on account of the bonds; and WHEREAS it is in the best interest of the County of Oakland that bonds be issued to defray the cost of the Project and that the Project be acquired and constructed in accordance with the provisions of the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum of One Million Four Hundred Sixty Thousand Dollars ($1,460,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying the cost of acquiring and constructing the Project. 2. BOND DETAILS. The bonds shall be designated "Oakland County Sewage Disposal (Holly System) Bonds (Limited Tax General Obligation)"; shall be dated September 1, 1994; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 8% per annum to be determined upon the sale thereof payable on May 1, 1995, and semiannually thereafter on the first days of May and November in each year; and shall mature on May 1 in each year as follows: YEAR ACCOUNT 1995 110,000 1996 125,000 1997 125,000 1998 125,000 1999 150,000 2000 150,000 2001 150,000 2002 175,000 2003 175,000 2004 175,000 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. PRIOR REDEMPTION. The bonds shall not be subject to redemption prior to maturity. 5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of Commissioners Minutes Continued. July 28, 1994 416 America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is __________________." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. Commissioners Minutes Continued. July 28, 1994 417 For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 8. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY SEWAGE DISPOSAL (HOLLY SYSTEM) BONDS (LIMITED TAX GENERAL OBLIGATION) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP September 1, 1994 Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at the office of ___________________________________________ in the city of __________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 1995. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggregating the principal sum of One Million Four Hundred Sixty Thousand Dollars ($1,460,000) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring, constructing and financing the wastewater treatment plant improvements to the Holly Sewage Disposal System (the "Project"). The bonds of this series are issued in anticipation of payments to be made by the Village of Holly (the "Village") in the aggregate principal amount of One Million Four Hundred Sixty Thousand ($1,460,000) pursuant to a contract between the County and the Village dated as of March 1, 1994 (the "Contract"). The full faith and credit of the Village have been pledged to the prompt payment of the principal amount of the bonds of this series and the interest thereon as the same become due. As additional security the full faith and credit of the County have Commissioners Minutes Continued. July 28, 1994 418 been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the County and the Village to pay the principal of and interest on the bonds of this series are subject to constitutional tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. The bonds are not subject to redemption prior to maturity. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND (SEAL) By: ________________________________ Chairman, Board of Commissioners And: ________________________________ County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. __________________________________ Bond Registrar and Paying Agent By: __________________________ Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto __________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint _________________________________________________________________at torney to transfer the within bond on the books kept for Commissioners Minutes Continued. July 28, 1994 419 registration thereof, with full power of substitution in the premises. Dated:______________ _______________________________ Signature Guaranteed: _______________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the Village pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the Village in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the Village shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium if any, and interest on the bonds, shall have been deposited in trust, this resolution shall be defeased and the owners of the bonds shall have no further rights under this resolution except to receive payment of the principal of, premium if any, and interest on the bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the Village pursuant to the Contract as amended are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to acquire and construct the Project in accordance with the provisions of the Contract. 13. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satis- factory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond Commissioners Minutes Continued. July 28, 1994 420 registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this Section 13 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall determine that it is not necessary to sell bonds in the principal amount of One Million Four Hundred Sixty Thousand Dollars ($1,460,000), he may by order reduce the principal amount of bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary. 15. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury and the County Drain Commissioner and the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an Obligation with respect to the bonds and to pay, upon the filing of said notice, the filing fee of $400. If an exception from prior approval is not granted the County Drain Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue and sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of Sale. The County Drain Commissioner and the County Treasurer are each severally authorized to apply for such waivers from the Michigan Department of Treasury as the County Drain Commissioner or the County Treasurer deems appropriate in connection with the sale of the bonds. 16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is authorized to prescribe the form of notice of sale for the bonds, to sell the bonds at not less than 98.5% of par plus accrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bonds to enable compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 17. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate County officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from Commissioners Minutes Continued. July 28, 1994 421 gross income for federal income tax purposes. 18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #94231) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY THE COST OF WASTEWATER TREATMENT PLANT IMPROVEMENTS TO THE HOLLY 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 #94231 and finds: 1) The resolution authorizes the issuance of sewage disposal bonds with the County pledging full faith and credit with the Village of Holly as the primary obligor. 2) The principal amount of the bond issue is $1,460,000 at an interest rate not to exceed 8% to be paid back within 10 years. 3) The statutory limit for County debt is $3,008,744,830 (10% of 1993 State Equalized Value). As of June 30, 1993, the outstanding debt is $370,692,665.93 or approximately 1.2% of the S.E.V. 4) Of the total project cost, the County's apportionment is 0%. FINANCE COMMITTEE Moved by Palmer supported by Johnson the resolution be adopted. AYES: McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94232 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - APPROVAL OF PROJECT COST AND ASSESSMENT ROLL, ADVANCE OF FUNDS FOR LONG LAKE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by their adoption of Miscellaneous Resolution No. 91060 on April 11, 1991, deemed it necessary to construct a ground water augmentation well to supply Long Lake, located in the Townships of Commerce and White Lake, with additional water in order to maintain the normal level of Long Lake previously fixed by the Circuit Court, in accordance with the provisions of Inland Lake Level Act No. 146 of 1961, as amended, and so authorized the Oakland County Drain Commissioner to file the necessary motions and pleadings in said Circuit Court to authorize construction of the new ground water augmentation well; Commissioners Minutes Continued. July 28, 1994 422 and WHEREAS the said Resolution also directed the Drain Commissioner to prepare a Special Assessment District comprised of a Special Assessment Roll of real property which abuts or has access to Long Lake, and which benefits from both the construction of the lake level augmentation well, and also the cost of maintaining the level of the lake through the operation of the augmentation well; and WHEREAS the said Resolution also committed the advance of a sum not to exceed $250,000 to the Lake Level Control District for Long Lake, to fund the Augmentation Well Project, based upon the project estimate at that time, with the advance to be repaid from the said Special Assessment Roll, to be collected over a period of ten years, at the 6 month Treasury Bill interest rate of 5.65% in effect at that time; and WHEREAS the Fiscal Note, prepared in support of the said Resolution, amended the Resolution to revise the repayment interest rate to the 10-year Treasury Note rate of 8.08% in effect as that time; and WHEREAS the said Resolution also authorized the Drain Commissioner, prior to adoption of the Special Assessment Roll, to request and receive advances for engineering and preliminary construction in an amount not exceeding the $250,000 advanced to fund the overall Augmentation Well Project; and WHEREAS the Oakland County Board of Commissioners, by their adoption of Miscellaneous Resolution #92228 on October 8, 1992, amended the "Loan of County Funds Policy" to specify that loans and advances for more than two years be charged interest at the prevailing six month Treasury Bill rate; and WHEREAS the Drain Commissioner has proceeded to present motions and pleadings in said Circuit Court, having appeared on September 4, 1991 and July 20, 1994, resulting in said Court approving the said Augmentation Well Project, the Special Assessment District and the Special Assessment Roll; and WHEREAS on April 21, 1994 the Drain Commissioner received construction bids for the new augmentation well, and as a result of such bids prepared a new project cost estimate in the amount of $287,000 (Exhibit "A"); and WHEREAS pre-payments in the amount of $12,169 made by the Long Lake residents have reduced the amount of the advance of funds required from the Board of Commissioners to $274,791; and WHEREAS required by Section 17 of said Act No. 146, the Drain Commissioner has held a Public Hearing on July 25, 1994 concerning the assessment of $274,791 of project costs to be repaid from the said Special Assessment Roll (Exhibit "B"); and WHEREAS in accordance with said Section 17 of said Act No. 146, the Drain Commissioner herewith submits for the approval of the Board of Commissioners both the estimated $287,000 cost of the Augmentation Well Project, (Exhibit "A") and a Special Assessment Roll (Exhibit "B") to recover a special assessment of $274,791, determined as the project cost of $287,000 less pre-payments of $12,169. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the advance of a sum not to exceed $274,791 to the Lake Level Control District for Long Lake to enable the construction of a ground water augmentation well. BE IT FURTHER RESOLVED that the full amount of the advance shall be repaid from a Special Assessment Roll (Exhibit "B") to be collected over a period of ten years, at the current prevailing Treasury Bill rate of 4.67%, consistent with the "Loan of County Funds Policy" last amended by said Miscellaneous Resolution No. 92228. Commissioners Minutes Continued. July 28, 1994 423 BE IT FURTHER RESOLVED that the real property within the Special Assessment District, which will benefit from the construction of the new augmentation well, shall bear the entire cost of the project, and all future costs for maintaining the level of Long Lake. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves both the estimated $287,000 cost of the Augmentation Well Project (Exhibit "A") and the Special Assessment Roll (Exhibit "B") from which the advance, or loan of $274,791 will be repaid. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing Resolution. PLANNING AND BUILDING COMMITTEE Copy of Exhibit A and B on file in County Clerk's Office. FISCAL NOTE (Misc. #94232) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - APPROVAL OF PROJECT COST AND ASSESSMENT ROLL, ADVANCE OF FUNDS FOR LONG LAKE 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 #94232 and finds: 1) Miscellaneous Resolution #91060 adopted on April 11, 1991 approved an advance in an amount not to exceed $250,000 for the construction of a Lake Level Augmentation Well for Long Lake. 2) The project was delayed due to an inability to find a suitable site among the available construction sites. 3) Construction bids have been received and, as a result, a new estimate of project cost in the amount of $287,000 has been prepared. Pre-payments in the amount of $12,169 have been received from Long Lake residents. The department is now requesting that the advance be increased to an amount not to exceed $274,791 to be repaid over a ten-year period from a special assessment roll at an interest rate equal to the current six-month Treasury Bill rate of 4.67%. 4) Miscellaneous Resolution #92228 amended the "Loan of County Funds Policy" to specify that loans and advances for more than two years be charged the prevailing six- month Treasury Bill rate. 5) Real property within the Special Assessment District, which will benefit from the construction of the well, shall bear the entire cost of the project and all future costs for maintaining the level of Long Lake. No additional funding is required. FINANCE COMMITTEE Copy of attachments on file in County Clerk's Office. Copy of Affidavit for the Long Lake Augmentation Well Project on file in County Clerk's office. Moved by Palmer supported by Dingeldey the resolution be adopted. AYES: Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, Commissioners Minutes Continued. July 28, 1994 424 McCulloch, McPherson. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94233 BY: Public Services Committee, Lawrence Obrecht, Chairperson IN RE: 52ND DISTRICT COURT 2ND DIVISION - CRIMP PROGRAM SAVINGS To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #93106, the Board of Commissioners approved the Cost Reduction Incentive Management Program (CRIMP); and WHEREAS the 52nd District Court 2nd Division has proposed to generate actual savings to the County's Governmental Fund Budget through a staff restructuring, deleting two (2) Student positions, and creating one (1) General Clerical. Annual savings is antici- pated to be $6,204; and WHEREAS the duties of the deleted positions will be covered by reorganizing the work flow through existing personnel and the new position; and WHEREAS the annual savings from the position changes are eligible for CRIMP. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners recognizes the efforts of the 52nd District Court 2nd Division related to implementing the CRIMP program. BE IT FURTHER RESOLVED that two (2) student positions (#32301-00060, #32301-00378) be deleted from the 52nd District Court, 2nd Division, and one (1) General Clerical position be created. Chairperson, on behalf of the Pubic Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #94201) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - UTILIZATION OF INMATE LABOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution on July 19, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #94201 BY: Trusty Alternative Ad Hoc Committee, Ruth Johnson, Chairperson IN RE: SHERIFF'S DEPARTMENT - UTILIZATION OF INMATE LABOR To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: Whereas state statute (MCLA 801.10) provides that sentenced inmates over the age of 18 years who are capable of performing manual labor can perform work for non-profit charitable organizations and can perform lawful labor for the benefit of the County; and Commissioners Minutes Continued. July 28, 1994 425 Whereas County officials and officials of cities, townships, and villages within the County may request the use of inmate labor; and Whereas the use of inmate labor shall not be for any person's, including a public official's or public employee's, own private benefit or financial gain; and Whereas appropriate resources and personnel shall be allocated to the Sheriff's Department to ensure transportation and proper supervision and control of the inmates assigned to perform this labor; and Whereas equipment, materials, and tools shall be the responsibility of the entity requesting the labor; and Whereas the utilization of inmate work details promote the development of good work habits which assists in enhancing an inmate's employability upon release. NOW THEREFORE BE IT RESOLVED that the County Board of Commissioners does hereby continue its approval of and order for the utilization of inmate labor in various projects, within the guidelines stated herein, for the benefit of Oakland County. Chairperson, we move adoption of the foregoing resolution. Ruth H. Johnson, Sue Ann Douglas, Ruel McPherson, John P. Garfield The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #94202) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - AUTHORIZATION FOR THE USE OF TRUSTY LABOR BY THE ROAD COMMISSION, THE DRAIN COMMISSION AND OTHER COUNTY AGENCIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution on July 19, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #94202 BY: Trusty Alternative Ad Hoc Committee, Ruth Johnson, Chairperson IN RE: SHERIFF'S DEPARTMENT - AUTHORIZATION FOR THE USE OF TRUSTY LABOR BY THE ROAD COMMISSION, THE DRAIN COMMISSION AND OTHER COUNTY AGENCIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, in Miscellaneous Resolution #93227, authorized the establishment of the Trusty Alternative Committee; and WHEREAS the charge of this committee was to recommend projects that would utilize trusty skills and labor to benefit Oakland County and would increase the chances of rehabilitation and decrease recidivism; and WHEREAS the committee has completed its charge and developed a final recommendation which includes providing for use of trusty labor by the Road Commission and the Drain Commission; and WHEREAS the Road Commission has expressed an interest in the use of trusty labor for cleanup activities; and Commissioners Minutes Continued. July 28, 1994 426 WHEREAS the Drain Commission has expressed an interest in the use of trusty labor for several projects, including lawn repair due to broker water mains, fire hydrant painting and drain cleaning; and WHEREAS supervision of up to 4 trustees can be provided by either the Sheriff's Department or the entity with larger work details requiring Sheriff's Department personnel; and WHEREAS costs to provide supervision and transportation will be paid for by the using entity; and WHEREAS this program will benefit the taxpayers of Oakland County and will provide trustees with the opportunity to pay society back through the provision of services, efforts, skills and labor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of trusty labor by the Road Commission and the Drain Commission and other County agencies in accordance with MCL 801.10. BE IT FURTHER RESOLVED that all requests for the utilization of trusty labor shall be submitted in writing to and approved by the Oakland County Sheriff. Chairperson, I move adoption of the foregoing resolution. Ruth Johnson, Ruel McPherson, Sue Ann Douglas The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #94203) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - AUTHORIZATION FOR THE USE OF TRUSTY WORK DETAILS BY LOCAL MUNICIPALITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution on July 19, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #94203 BY: Trusty Alternative Ad Hoc Committee, Ruth Johnson, Chairperson IN RE: SHERIFF'S DEPARTMENT - AUTHORIZATION FOR THE USE OF TRUSTY WORK DETAILS BY LOCAL MUNICIPALITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, in Miscellaneous Resolution #93227, authorized the establishment of the Trusty Alternative Committee; and WHEREAS the charge of this committee was to recommend projects that would utilize trusty skills and labor to benefit Oakland County and would increase the chances of rehabilitation and decrease recidivism; and WHEREAS the committee has completed its charge and developed a final recommendation which includes providing for use of trusty labor, dependent upon availability, by municipalities; and WHEREAS supervision of up to 4 trustees can be provided by either the Sheriff's Department or the entity with larger work details requiring Sheriff's Department personnel; and Commissioners Minutes Continued. July 28, 1994 427 WHEREAS costs to provide supervision and transportation will be paid for by the using entity; and WHEREAS this program will benefit the taxpayers of Oakland County and will provide trustees with the opportunity to pay society back through the provision of services, efforts, skills and labor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of trusty labor, dependent upon availability, by local units of government within Oakland County in accordance with MCL 801.10. Chairperson, I move adoption of the foregoing resolution. Ruth Johnson, Sue Ann Douglas, Ruel McPherson Moved by Obrecht supported by Garfield the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Garfield the resolution be adopted. Moved by Obrecht supported by Garfield the resolution be amended to coincide with the Public Services Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #94205) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - TRUSTY CAMP ONE ACRE VEGETABLE GARDEN PILOT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- referenced resolution on July 19, 1994, reports with the recommendation that the resolution be adopted with the following language deleted: 3rd WHEREAS: "located adjacent to the Trusty camp" 1st NOW THEREFORE BE IT RESOLVED: "the continuation of" Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #94205 BY: Trusty Alternative Ad Hoc Committee, Ruth Johnson, Chairperson IN RE: SHERIFF'S DEPARTMENT - TRUSTY CAMP ONE ACRE VEGETABLE GARDEN PILOT PROGRAM To the Oakland County Board of Commissioners Commissioners Minutes Continued. July 28, 1994 428 Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, in Miscellaneous Resolution #93227, authorized the establishment of the Trusty Alternative Committee; and WHEREAS the charge of this committee was to recommend projects that would utilize Trusty skills and labor to benefit Oakland County and would increase the chances of rehabilitation and decrease recidivism; and WHEREAS the committee has completed its charge and developed a final recommendation which includes a one-acre garden pilot project, located adjacent to the Trusty camp; and WHEREAS because of the immediate need to begin the garden prior to the expiration of the planting season, this pilot project began in May, with approval from the Administration; and WHEREAS planting and harvesting is and will continue to be performed by the trustees and is expected to result in a reduction in food purchasing costs for the County; and WHEREAS existing staff is adequate to monitor the trustees and no additional costs for supervision are necessary; and WHEREAS this garden will provide fresh, high-quality produce for use at Oakland County facilities, including Medical Care, Children's Village and all Correctional Facilities, with any surplus to be donated to non-profit organizations to feed the needy; and WHEREAS this program will benefit the taxpayers of Oakland County and will provide trustees with the opportunity to pay society back through the provision of services, efforts, skills and labor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the continuation of the Trusty Camp one-acre garden pilot project. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the Sheriff's Department report back to the Public Services Committee on the success of this project after completion of the final 1994 harvest. BE IT FURTHER RESOLVED that the Sheriff's Department, following the final 1994 harvest, determine, if feasible, the expansion necessary to meet 100 percent of the demand by all county facilities for fresh vegetables in 1995. Chairperson, I move adoption of the foregoing resolution. Ruth Johnson, Sue Ann Douglas, Ruel McPherson Moved by Obrecht supported by Douglas the Public Services Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Taub the resolution be amended to concur with the recommendation of the Public Services Report that the following language be deleted: 3rd WHEREAS: "located adjacent to the Trusty camp" 1st NOW THEREFORE BE IT RESOLVED: " the continuation of" A sufficient majority having voted therefor, the amendment carried. The Chairperson referred the resolution, as amended, to the Finance Committee. There were no objections. Commissioners Minutes Continued. July 28, 1994 429 MISCELLANEOUS RESOLUTION #94234 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - CONTRACT WITH OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) FOR ENERGY EDUCATION AND WEATHERIZATION SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Oakland County Community Development Block Grant (CDBG) program has among its objectives the provision of decent housing, a suitable living environment, and expanded opportunities, principally for low- and moderate-income persons; and WHEREAS Oakland Livingston Human Service Agency (OLHSA) has carried out over the past several years a program known as Project Warmth, which provides both energy education and home weatherization services for low- and moderate-income persons; and WHEREAS the County has helped to fund this program since 1978; and WHEREAS this cooperative program makes it possible to assist low-income persons, handicapped persons, and senior citizens in meeting energy conservation needs through conservation and education methods utilized in Project Warmth; and WHEREAS the contract attached to this resolution has been approved as to form per the County Executive's contract review procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board of Commissioners to execute the attached contract with the Oakland Livingston Human Service Agency for the implementation of: (1) Home weatherization in the amount of $30,250, and (2) Energy education in the amount of $19,750, the total contract not to exceed $50,000. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract on file in the County Clerk's office. Moved by Obrecht supported by Kingzett the resolution be adopted. AYES: Newby, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #94235 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN BRANDON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Brandon Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township [OAKLAND COUNTY SHERIFF'S DEPARTMENT 1994/95 LAW ENFORCEMENT AGREEMENT WITH BRANDON TOWNSHIP] (Miscellaneous Resolution #93299, December 9, 1993); and WHEREAS Paragraph 16 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and Commissioners Minutes Continued. July 28, 1994 430 the Brandon Township Board; and WHEREAS Brandon Township has requested and approved a proposed amendment to SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED to the Contract which would provide ONE (1) additional PATROL DEPUTY II (WITH FILL-IN), resulting in a new total of EIGHT (8) PATROL DEPUTIES II (WITH FILL-IN), being contracted; and WHEREAS Brandon Township has agreed to reimburse the County for the costs of this ONE (1) additional PATROL DEPUTY II (WITH FILL-IN); as provided for in the Contract; and WHEREAS the Sheriff has agreed to provide ONE (1) additional PATROL DEPUTY II (WITH FILL-IN) for Brandon Township under the terms of the Contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve an amendment to the original SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED of the OAKLAND COUNTY SHERIFF'S DEPARTMENT 1994/1995 LAW ENFORCEMENT AGREEMENT WITH BRANDON TOWNSHIP to increase the number of PATROL DEPUTY(IES) II (WITH FILL-IN) from the original SEVEN (7), to a new total of EIGHT (8) PATROL DEPUTY(IES) II (WITH FILL-IN) as shown in the attached SCHEDULE A - SHERIFF'S DEPUTY(IES) CONTRACTED (AMENDED AUGUST 1994) BE IT FURTHER RESOLVED that this amendment will take effect the first payroll period after Adoption by the Oakland County Board of Commissioners. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A on file in the County Clerk's office. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. REPORT (Misc. #94149) BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: SECURITY FOR 52ND DISTRICT COURT, 2ND AND 3RD DIVISIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution, on July 20, 1994, reports with the recommendation that the resolution be adopted with the following changes: To delete the paragraph beginning NOW THEREFORE BE IT RESOLVED and replace it with the following paragraphs: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of four 1000 hr/yr PTNE governmental Court Deputy positions in Sheriff/Corrective Services - Satellites/Court Detention (43412), two positions to provide services to the 52nd District Court, 2nd Division, Clarkston and two positions to provide services to the 52nd District Court, 3rd Division, Rochester Hills. BE IT FURTHER RESOLVED that 1994 annual costs for these positions not exceed $18,000 each." Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (Misc. #94149) BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SECURITY FOR 52ND DISTRICT COURT, 2ND AND 3RD DIVISIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above- Commissioners Minutes Continued. July 28, 1994 431 referenced resolution on June 14, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #94149 BY: Commissioners Lawrence Obrecht, Sue Douglas, Ruth Johnson, Larry Crake, John Garfield, Donna Huntoon IN RE: SECURITY FOR 52ND DISTRICT COURT, 2ND AND 3RD DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the District Control Unit for the 52nd District Court and, as such, is responsible for providing the staffing for the efficient functioning of the Court; and WHEREAS maintaining safe and secure conditions for the public, as well as the officials and personnel of the Court, must also be considered in the staffing of judicial facilities; and WHEREAS the lack of police personnel in the court facility often requires clerical employees to act as security personnel and often requires such employees to detain individuals who have appeared before the court, thus creating the potential for serious threat of harm and breach of the peace; and WHEREAS in recognition of this potential liability, the 52nd District Court has requested that the County provide the Court with a deputized peace officer; and WHEREAS the cost of providing two Sheriff's Deputy I's as full-time officers for the 52nd District Court would cost approximately $100,000 annually; and WHEREAS the PTNE Courthouse Security Deputy positions have been used at the Oakland County Circuit Court and have proven to be both effective and cost efficient. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby add two 1000-hour PTNE Deputy position to the 52nd District Court, 2nd and 3rd Divisions, Rochester and Clarkston, at an annual cost not to exceed $18,000 each. Chairperson, we move the adoption of the foregoing resolution. Lawrence A. Obrecht, Ruth A. Johnson, Sue Ann Douglas, John P. Garfield, Donna R. Huntoon Action taken at June 23, 1994 Board meeting: Moved by Obrecht supported by Jensen the resolution be amended to clarify the language in the NOW THEREFORE BE IT RESOLVED paragraph, to read as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby add two 1000-hour PTNE Deputy positions to the 52nd District Court, 2nd Division, Clarkston, and two 1000-hour PTNE Deputy positions to the 52nd District Court, and 3rd Divisions, Rochester and Clarkston, at an annual cost not to exceed $18,000 each. Discussion followed. A sufficient majority having voted therefor, the amendment carried. (End of June 23, 1994 Board action) Commissioners Minutes Continued. July 28, 1994 432 FISCAL NOTE (Misc. #94149) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: SECURITY FOR 52ND DISTRICT COURT, 2ND AND 3RD DIVISION 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 #94149 and finds: 1) The 52nd District Court Divisions II and III have requested the County provide the courts with a deputized peace officer. 2) Miscellaneous Resolution #94149 authorizes two (2) 1000 hour PTNE Court Deputy positions for the 52nd District Court 2nd Division, and two (2) 1000 hour PTNE Court Deputy positions for the 52nd District Court 3rd Division at an annual cost not to exceed $18,000 for each position. 3) The Personnel Committee recommends that all four positions be establish in the Sheriff Department/Corrective Services - Satellites Division - Court Detention Unit (#43412). 4) The total annual cost of four (4) 1000 hour PTNE Deputy I positions is $38,356; cost for the balance of 1994 is $17,702 (cost for 12 pay periods). 5) The cost of two full-time officers would cost approximately $100,000 annually. 6) PTNE Court Deputy positions have been used at the Oakland County Circuit Court and have proven to be efficient and cost effective. 7) The 1994 Budget shall be amended as specified below, to provide the 52nd District Court 2nd Division and the 52nd District Court 3rd Division with 2 PTNE Court Deputy positions each: 1994 4-10100-909-01-00-9900 Contingency $(17,702) 4-10100-434-12-00-1001 Sheriff Salaries 16,006 4-10100-434-12-00-2070 Sheriff Fringes 1,696 $ 0 FINANCE COMMITTEE Moved by Obrecht supported by Moffitt the Public Services Committee and the Personnel Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Obrecht supported by Moffitt the resolution be adopted. Moved by Obrecht supported by Moffitt the resolution be amended to conform with the recommendation of the Personnel Committee. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Obrecht, Palmer, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kingzett, Law, McCulloch, Miltner, Moffitt, Newby. (18) NAYS: Oaks, Pernick, Powers, Huntoon, Kaczmar, McPherson. (6) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Commissioners Minutes Continued. July 28, 1994 433 Moved by Obrecht supported by Miltner to reconsider Resolution #94203 - Sheriff's Department - Authorization for the Use of Trusty Work Details by Local Municipalities. A sufficient majority having voted therefor, the motion carried and Resolution #94203 was before the Board. Moved by Obrecht supported by Miltner the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Douglas to reconsider Resolution #94205 - Sheriff's Department - Trusty Camp One Acre Vegetable Garden Pilot Program. A sufficient majority having voted therefor, the motion carried and Resolution #94205 was before the Board. Moved by Obrecht supported by Douglas the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Douglas the rules be suspended for immediate consideration of a resolution to fill the vacancy in County Commissioner, District #23 and to amend the Board of Commissioner's Rules. AYES: Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, McCulloch, Newby. (15) NAYS: Obrecht, Pernick, Kaczmar, Kingzett, Law, McPherson, Miltner, Moffitt, Oaks. (9) A sufficient majority having voted therefor, the motion to suspend the rules carried. MISCELLANEOUS RESOLUTION #94236 BY: Kay Schmid, Commissioner, District No. 17 IN RE: BOARD OF COMMISSIONERS - APPOINTMENT OF KURT S. KRAMER TO FILL UNEXPIRED TERM FOR COMMISSIONER DISTRICT #23; AND BOARD OF COMMISSIONERS' RULES AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the death of County Commissioner Dennis M. Aaron, July 6, 1994, has created a vacancy in the 23rd Oakland County Commissioner District; and WHEREAS to insure proper representation of the citizens of Commissioner District #23, such vacancy must be filled; and WHEREAS vacancies occurring in even numbered years may be filled by appointment by the Oakland County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby appoint Kurt S. Kramer of Oak Park to serve as Oakland County Commissioner for District #23 to complete the unexpired term of Dennis M. Aaron. BE IT FURTHER RESOLVED that the Rules for the Oakland County Board of Commissioners be amended as follows: Rule X.,B.,(2) The General Government Committee shall consist of six (6) seven (7) members of the majority party and three (3) two (2) members of the minority party. Rule X.,B.,(3) The Public Services Committee shall consist of six (6) seven (7) members of the majority party and two (2) one (1) members of the minority party. BE IT FURTHER RESOLVED that Kurt S. Kramer be appointed by this Board to Commissioners Minutes Continued. July 28, 1994 434 serve on the Public Services and General Government Committees. Chairperson, I move the adoption of the foregoing resolution. Kay Schmid Moved by Pernick supported by Oaks the resolution be laid on the table. AYES: Pernick, Kaczmar, Kingzett, McPherson, Oaks. (5) NAYS: Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Law, McCulloch, Miltner, Moffitt, Newby, Obrecht. (18) A sufficient majority not having voted therefor, the motion to table failed. Mr. Pernick stated he didn't feel the appointment and rule change should be voted on together. The Chairperson stated he would divide the question, first considering the appointment and second, the changes in the committee structure. Commissioner Schmid nominated Kurt S. Kramer to fill the unexpired term for Commissioner, District #23. Supported by Douglas. Commissioner Pernick nominated Cheryl Sugarman. Supported by McPherson. The vote will be for Kurt S. Kramer or Cheryl Sugarman: Powers - Kramer Huntoon - Kramer Schmid - Kramer Jensen - Kramer Taub - Kramer Johnson - Kramer Wolf - Kramer Kaczmar - Sugarman Crake - Kramer McCulloch - Kramer Dingeldey - Kramer Newby - Kramer Douglas - Kramer Obrecht - Kramer Garfield - Kramer Palmer - Kramer The vote was as follows: Kramer - 15 Sugarman - 1 A sufficient majority having voted therefor, the appointment of Kurt S. Kramer to fill the unexpired term for County Commissioner, District #23, was confirmed. Moved by Schmid supported by Douglas the Rules for the Oakland County Board be amended as stated in the resolution. AYES: Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, McCulloch, Moffitt, Newby, Obrecht, Palmer, Powers. (16) NAYS: Kaczmar, Kingzett, McPherson, Oaks, Pernick. (5) A sufficient majority having voted therefor, the motion carried and the Rules were adopted, as amended. MISCELLANEOUS RESOLUTION #94237 BY: Commissioners Ruel McPherson and Lawrence Obrecht IN RE: DRAIN - INFRASTRUCTURE IMPROVEMENT TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the recent pollution to Lake St. Clair serves to emphasize the need for vigilance in protecting our natural resources; and WHEREAS antiquated infrastructure in our older communities, particularly those with combined sewer and storm drainage systems may be contributing to Commissioners Minutes Continued. July 28, 1994 435 such environmental problems and if not now, they most certainly pose an environmental time bomb; and WHEREAS within Oakland County we have many dedicated professionals with expertise to tackle these potential problems and recommend long-term plans which will improve and protect the quality of life within our County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish an Engineering Task Force to review the adequacy, efficiency, effectiveness and safety of our public utilities and infrastructure and recommend long-range plans for the updating and improvement of these systems. BE IT FURTHER RESOLVED that the membership of this Task Force shall include a representative of the County Drain Commission, Oakland County Health Department, County Road Commission, SEMCOG, Municipal Engineers, Department of Natural Resources Engineer, Detroit Edison, Michigan Bell, Michigan Consolidated Gas, Consumers Power and the Army Corps of Engineers, and this Task Force shall report its findings and recommendation to the Planning and Building Committee of the Board of Commissioners by August 1, 1995. Chairperson, we move the adoption of the foregoing resolution. Ruel McPherson, Lawrence Obrecht The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #94238 BY: Commissioner Ruel E. McPherson, District #25 IN RE: AREA CODE CHANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS with the advent of the new area code, businesses and the general public have been inconvenienced and are experiencing additional expenses to convert their home and office telephones, cellular phones, faxes, computer modems, pages, and home alarm systems; and WHEREAS the need for additional phone numbers is recognized, but so is the need for a longer adjustment period for the citizens and customers of the 810 area; and WHEREAS the duplication of phone numbers between the 810 and 313 area codes which will begin in the next several months will cause unnecessary inconvenience and cost to the public. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges Ameritech to use all its available technology to insure that the dialing public has safeguards and remedies for erroneously dialed numbers which are caused by the duplication of numbers in the 810 and 313 area codes. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson Commissioner, District #25 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #94239 BY: Commissioner Ruth Johnson, District #1 IN RE: LAKE NAME CHANGE - TRENTOR LAKE TO MOORE LAKE, HOLLY TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the owners of Trentor Lake in Holly Township have requested that the lake's name be changed to Moore Lake, in recognition of their family name; and WHEREAS Trentor Lake is completely owned by the Moore family; and WHEREAS the owners of the Trentor Lake property, having requested that the Oakland County Board of Commissioners take action to officially rename the lake, have informed this Board that the lake is located in Section 6, T4N-R7E, Commissioners Minutes Continued. July 28, 1994 436 Holly Township and Rose Township, Oakland County, Michigan; and WHEREAS prior to the adoption of this resolution, the County/Clerk Register of Deeds will publish a notice in the local newspaper of the intention to change the name of Trentor Lake to Moore Lake; and WHEREAS with the renaming of Trentor Lake to Moore Lake, all future maps, reports and documents which may be published by the County of Oakland, State of Michigan, and the United States Government shall designate that Moore Lake is the officially adopted name. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the renaming of Trentor Lake (Holly and Rose Townships) to Moore Lake. BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution together with a map showing the particular geographic affected to the Geological Survey Division of the Department of Natural Resources, and to the U. S. Board of Geographic Names. Chairperson, I move adoption of the foregoing resolution. Ruth Johnson, Commissioner #1 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: PLANNING AND BUILDING a. City of Auburn Hills - Use of Formerly Proposed Incinerator Site b. Michael Blaszczak - 52/1 District Court (Novi) Lease Amendment c. City of Warren - Resolution Regarding Water Quality of Lake St. Clair PUBLIC SERVICES a. City of Auburn Hills - Use of Formerly Proposed Incinerator Site There were no objections to the referrals. The Chairperson stated the next meeting of the Board will be on August 18, 1994 at 9:30 A.M. The Board adjourned at 11:47 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson