HomeMy WebLinkAboutMinutes - 1994.09.08 - 8175
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 8, 1994
Meeting called to order by Chairperson Larry Crake at 9:36 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, Kramer, Law, McCulloch, McPherson, Miltner,
Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf.
(25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Lawrence Pernick.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of the August 18, 1994
Board meeting be approved, as printed.
A sufficient majority having voted therefor, the minutes were approved,
as printed.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda amended, as follows:
ITEMS ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner - Birmingham CSO Drainage District - Drain Bonds
-Full Faith and Credit Resolution
b. Drain Commissioner - Department Reorganization and Change of Salary
for the Chief Deputy Drain Commissioner
PERSONNEL COMMITTEE
c. Personnel/Employee Relations - One Time Deferred Retirement Buyout
(Reason for suspension of Planning and Building and Personnel Committee items:
Waiver Rule XII.E - Direct Referral to the Finance Committee)
ITEM NOT ON PRINTED AGENDA
PERSONNEL COMMITTEE
f. Personnel Department - Flexible Benefit Plan - Second Year
Implementation
(Reason for suspension: Waiver of Rule XII.J - Five Day Notification.
Finance Committee met 09/08/94)
Vote on suspension:
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson, Moffitt, Newby, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Commissioner Ruel McPherson addressed the Board.
Corporation Counsel Gerald Poisson introduced his new Deputy Corporation
Counsel, Jody McLeod.
MISCELLANEOUS RESOLUTION #94257
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 1994 SECOND QUARTER BUDGET
AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act
for Local Units of Government provides for adjustments to the adopted budget;
and
WHEREAS in accordance with Oakland County General Appropriations Act
Section 22, which provides for budget adjustments for variances between the
budgeted revenue and actual revenue, and Section 23, which provides for budget
adjustments for variances between estimated revenue and projected expenditures,
adjustments be made; and
WHEREAS the 1994 Second Quarter Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS funds for furniture and equipment for the new Circuit Judge were
budgeted in the Non-Departmental Future Space Requirements; and
WHEREAS a transfer of $193,600 from the Non-Departmental Account to the
Circuit Court and Friend of the Court is required for this purpose; and
WHEREAS two unanticipated mass mailings for the Friend of the Court were
needed per P.A. 189 of 1993 and P.A. 37 of 1994 required an additional $34,000
for postage; and
WHEREAS these funds are available from Friend of the Court salary
favorability; and
WHEREAS the State has increased the rates charged for housing of
juveniles in state institutions causing a projected unfavorability of $400,000
in the Probate Court and $100,000 in the Non-Departmental - State
Institutions/Juvenile Waivers Account; and
WHEREAS Miscellaneous Resolution #94174 approved the execution of the
contract between the Pontiac Silverdome and the Sheriff to provide law
enforcement services for the World Cup Games at the overtime rate established
by the Board; and
WHEREAS the Sheriff spent $165,200 in overtime for this purpose which has
been covered by revenue; and
WHEREAS Oakland County's financial records contain a fund entitled "Crime
Prevention"(#70541) which has a fund balance of $3,560.51; and
WHEREAS it is recommended that the fund be closed and the balance
transferred to the Sheriff's budget; and
WHEREAS the 1994 Board of Commissioners' Historical Commission Budget
needs $300 to cover 1993 expenditures which were charged in 1994; and
WHEREAS in order to maintain a single, accurate financial record of
County mental health revenue and expenditures and to provide policy boards with
consistent information, it is recommended that the Community Mental Health Fund
(#22200) be changed from a Governmental Fund to a Special Revenue Fund
designation, effective October 1, 1994; and
WHEREAS funds are needed to cover required certification of health
services in the jail; and
WHEREAS due to the substantial increase in the number of autopsies, the
projection for the Medical Examiner operations shows a $72,000 unfavorability;
and
WHEREAS due to increase in requests for computer furniture by
departments, the Non-Departmental Capital Outlay Account needs $100,000 to
cover these requests; and
WHEREAS there are pending projects that will improve the County's
delivery service; and
WHEREAS the projects, totalling $500,000, include securing one Children's
Village Building, to assist in creating a court request residential treatment
program and improvements to the County Jail security and Communication systems;
and
WHEREAS the balance from the above stated amendments is to be offset the
projected favorability in investment income due to higher interest rates; and
WHEREAS amendments are required to account for office automation projects
previously approved by the Finance Committee per attached schedule.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
authorizes budget amendments as follows:
NON-DEPARTMENTAL
Expenditure 4-10100-
901-01-00-9916 Future Space Requirements $( 193,600)
CIRCUIT COURT
Expenditure 4-10100-
311-01-00-3347 Expendable Equipment $ 17,000
311-01-00-9998 Capital Outlay 22,000
311-01-00-8679 Trans Out-Office Equip Fund 140,000
$ 179,000
FRIEND of the COURT
Expenditure 4-21500-
312-01-00-3347 Expendable Equipment $ 5,000
312-01-00-9998 Capital Outlay $ 8,800
$ 14,600
$ 193,600
$ 0
FRIEND of the COURT
Expenditures 4-21500-
312-01-00-1001 Salaries $( 34,000)
312-01-00-4909 Postage 34,000
$ 0
PROBATE COURT
General Fund
Expenditure 4-10100-
341-03-00-1001 Admin. Salaries $( 70,000)
341-03-00-2070 Admin. Fringes ( 25,000)
344-01-00-1001 Estates Salaries ( 114,000)
344-01-00-2070 Estates Fringes ( 41,000)
347-01-00-1001 Field Svs. Salaries ( 43,000)
347-01-00-2070 Field Svs. Fringes ( 18,000)
347-12-00-1001 YA Salaries ( 65,000)
347-12-00-2070 YA Fringes ( 24,000)
$( 400,000)
JUVENILE
Maintenance Fund 4-29260-
343-01-00-3711 State Institutions $ 400,000
$ 0
SHERIFF
Revenue 3-10100-
436-01-00-2531 Reimb. Salaries $ 165,200
Expenditure 4-10100-
436-18-00-1002 Overtime $ 121,200
436-18-00-2070 Fringe Benefits 44,000
$ 165,200
$ 0
BOARD OF COMMISSIONERS
Expenditures 4-10100-
511-01-00-3048 Historical Commission $ 300
HEALTH DIVISION
Expenditures 4-22100-
162-15-00-3128 Professional Services $ 6,000
MEDICAL EXAMINER
Expenditures 4-10100-
169-01-00-1002 Overtime $ 12,000
169-01-00-3112 Med. Sv. Autopsies 60,000
$ 72,000
FACILITIES OPERATIONS
Expenditures 4-10100-
901-01-00-8404 Project Work Orders $ 500,000
NON-DEPARTMENTAL
Expenditure 4-10100-
909-01-00-9909 Misc. Capital Outlay $ 100,000
NON-DEPARTMENTAL
Revenue 3-10100-
906-01-00-2233 Investment Income $ 678,300
$ 0
BE IT FURTHER RESOLVED the "Crime Prevention Fund" (#70541) be closed and
transfer the account balance to the Sheriff's Budget as follows:
Revenue 3-10100-
904-01-00-5540 Crime Prevention $ 3,560.51
Expenditure 4-10100-
432-01-00-3528 Sheriff Miscellaneous $ 3,560.51
$ 0
BE IT FURTHER RESOLVED effective October 1, 1994, the Community Mental
Health Fund (#22200), revenues and expenditures, be changed from a governmental
funds designation to a special revenue fund designation.
BE IT FURTHER RESOLVED budget amendments to implement the change will be
recommended at the time the Board of Commissioners approves the 1994/1995
Community Mental Health spending plan.
BE IT FURTHER RESOLVED amendments for office automation projects be
approved per the attached schedule.
BE IT FURTHER RESOLVED that where existing established Board of
Commissioner procedures provides for liaison committee review, such items will
be referred to the appropriate committee for review and recommendation to the
Board.
BE IT FURTHER RESOLVED that the recommendations for carry forward funds,
as on the Carry Forward schedule, be approved with the exception of the $3,118
for Equalization Travel and Conference.
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Computer Services Office Automation Schedule on file in the
County Clerk's office.
Moved by McCulloch supported by Obrecht the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Kramer, Law, McCulloch, McPherson, Moffitt, Newby, Oaks, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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.
Moved by Gosling supported by Oaks the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Kramer, Law, McCulloch, McPherson, Moffitt, Newby, Oaks, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends appointment of the following members
of the Board of Commissioners to the Job Evaluation Review Panel through
December 31, 1994:
Marilynn E. Gosling, Nancy Dingeldey and Jeffrey Kingzett
(ALTERNATE) Appointments, or reappointments, for the remainder of the term
expiring June 30, 1995, will be made in January, 1995.
The balance of the panel for the term expiring June 30, 1995, consists of
one Chief Circuit Judge appointee, Judy Cunningham; one County Executive
appointee, Robert Chisholm; one other elected officials' appointee, Patrick
Dohany.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
Moved by Gosling supported by Moffitt the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Moffitt the following appointments to the
Job Evaluation Review Panel through December 31, 1994 be confirmed:
Marilynn E. Gosling, Nancy Dingeldey and Jeffrey Kingzett (Alternate)
A sufficient majority having voted therefor, the appointments of Marilynn
E. Gosling, Nancy Dingeldey, and (Alternate) Jeffrey Kingzett (term ending
December 31, 1994) to the Job Evaluation Review Panel were confirmed.
MISCELLANEOUS RESOLUTION #94258
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PERSONNEL/EMPLOYEE RELATIONS - ONE TIME DEFERRED RETIREMENT BUYOUT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland continues to explore opportunities to
control personnel costs while maintaining a competitive salary and benefit
package; and
WHEREAS the County of Oakland retains a number of vested, deferred
retirements to administer, including the provision of future health care, for
persons no longer in the service of the County; and
WHEREAS the Michigan Attorney General, (1991-92 Op. No. 6697) has
recognized that entitlement to retirement benefits under the County's pension
plan is a contractual right, and that the benefits structure may be modified as
long as it provides alternative benefits which are equal or greater than the
benefits which would have otherwise been received; and
WHEREAS it is permissible to amend the plan to offer deferred retirees
the opportunity to receive a lump-sum payment actuarially equivalent to the
present value of their accrued benefit; and
WHEREAS a buyout of deferred retirements will result in no tax
consequence to the individuals if rolled over to another tax-qualified
retirement plan or Individual Retirement Account (IRA); and
WHEREAS there is nothing in law that would prohibit a requirement to
surrender other retirement benefits including future health care as a condition
of receiving the optional lump-sum retirement benefit buyout or rollover; and
WHEREAS there are no vesting requirements attached to retirement welfare
benefits such as future health care; and
WHEREAS any offer to buy out deferred retirements would be voluntary and
optional to those eligible, and within a fixed "Incentive Window of
Opportunity"; and
WHEREAS the approval of changes in the retirement plan requires the
approval of the State of Michigan State County Pension Plan Committee and
the U.S. Internal Revenue Service, in addition to authorization by the County
Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the Deferred Retirement Buy Out Plan initiating an offer
to buy out accrued, vested retirement benefits to members of the retirement
system who have left the service of Oakland County, deferring their retirement
benefits.
BE IT FURTHER RESOLVED that the Deferred Retirement Buyout Plan be
offered during a ninety-two (92) day "Incentive Window of Opportunity"
beginning November 1, 1994 and ending January 31, 1995.
BE IT FURTHER RESOLVED that buyouts be offered in lump-sum payments of
the actuarial value of the deferred benefit or a rollover of same to another
tax-qualified retirement plan or Individual Retirement Account, effective
November 1, 1994.
BE IT FURTHER RESOLVED that the buyout offer shall be contingent on the
deferred retiree's signed waiver of rights to any and all other retirement
welfare benefits, including the right to future County funded health care.
BE IT FURTHER RESOLVED that the Board of Commissioners amend the Oakland
County Employee's Retirement System Resolution to add a one-time single sum
payment to vested former members of the DB part and to make certain changes
required to implement the defined contribution component as per the attached
changes.
BE IT FURTHER RESOLVED that the Secretary of the Retirement Commission is
authorized to have proper application made to the Treasury Department of the
United States to obtain formal approval of the said Deferred Retirement Buyout
Plan in accord with applicable provisions of the Internal Revenue Code, and to
employ competent counsel in the prosecution of such application, and to do such
other acts as shall be necessary hereunder to put the said Deferred Retirement
Buyout Plan in operation.
BE IT FURTHER RESOLVED that this adoption and authorization of the
Deferred Retirement Buyout Plan be and the same hereby is made expressly
contingent upon the approval of same by the Internal Revenue Service in accord
with applicable provisions of the Internal Revenue Code, and that the
Retirement Commission, through its attorneys, promptly submit said Deferred
Retirement Buyout Plan for such approval.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of attachments on file in County Clerk's office.
FISCAL NOTE (Misc. #94258)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL/EMPLOYEE RELATIONS - ONE TIME DEFERRED RETIREMENT BUYOUT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee reviewed the
above-referenced resolution on September 1, 1994, and reports that funding is
available in the retirement system reserves to cover the proposed buyout plan,
no additional appropriation is required.
FINANCE COMMITTEE
Moved by Gosling supported by Kramer the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Kramer, Law,
McCulloch, McPherson, Moffitt, Newby, Oaks, Obrecht, Palmer, Powers, Schmid,
Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling. (23)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94259
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PERSONNEL/EMPLOYEE RELATIONS - 1994 AND 1995 WAGE AND BENEFIT REOPENER
FOR EMPLOYEES REPRESENTED BY TEAMSTERS, STATE, COUNTY AND MUNICIPAL WORKERS,
LOCAL 214 (JAIL HEALTH PROGRAM NURSES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Teamsters, State, County and
Municipal Workers, Local 214, have been negotiating a 1994 and 1995 wage and
benefit reopener pursuant to Appendix A and Appendix B of the 1993-1995
Collective Bargaining Agreement; and
WHEREAS the parties have reached agreement regarding the 1994 and 1995
wage and benefit modification provisions covering thirteen (13) Jail Health
Program Nurses and said agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland and the Teamsters, State, County and Municipal Workers, Local 214, is
hereby approved; and that the Chairperson of this Board, on behalf of the
County of Oakland, is authorized to execute said agreement, a copy of which is
attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Agreement on file in County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94260
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: PROBATE COURT - TWO YEAR CONTRACT EXTENSION (1994/1995) FOR EMPLOYEES
REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 2437, MICHIGAN COUNCIL 25 (PROBATE COURT EMPLOYEES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Probate Court and the American Federation of State, County
and Municipal Employees, Local 2437, Michigan Council 25, have been negotiating
a contract covering approximately 138 employees of the Probate Court; and
WHEREAS the parties have reached agreement regarding the 1994 and 1995
wage rate and benefit modifications and have further agreed to extend the 1990-
93 contract provisions, with limited modifications, through 1995 and said
agreement has been reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the Probate Court
and the American Federation of State, County and Municipal Employees, Local
2437, Michigan Council 25, is hereby approved; and that the Chairperson of this
Board, on behalf of the County of Oakland is authorized to execute said
agreement, a copy of which is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Agreement on file in County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94229
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - FLEXIBLE BENEFIT PLAN - SECOND YEAR
IMPLEMENTATION
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
FISCAL NOTE (Misc. #94229)
BY: Finance Committee, John McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - FLEXIBLE BENEFIT PLAN - SECOND YEAR
IMPLEMENTATION
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 #94229 and finds:
1) The second year of the Flexible Benefit Plan is scheduled for
implementation on January 1, 1995, to include non-represented
employees and represented employees whose contract provides for
this plan.
2) The resolution authorizes a professional services contract for
$89,180 with Comericomp Benefits Consulting to continue providing
enrollment assistance and support for 1995 and flexible spending
account administration through March, 1996.
3) Funds for this purpose are available in the Fringe Benefit Fund
(Fund #73500) in the 1994-95 Biennial Budget.
FINANCE COMMITTEE
Moved by Gosling supported by Douglas the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson,
Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94261
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: BIRMINGHAM CSO DRAINAGE DISTRICT, DRAIN BONDS - FULL FAITH AND CREDIT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Birmingham CSO Drainage District, by
resolution adopted on August 30, 1994, authorized and provided for the issuance
of Drain Bonds, Series 1994A in the aggregate principal amount of not to exceed
$24,000,000 and Drain Bonds, Series 1994B and Series 1994C in the aggregate
principal amount of not to exceed $11,661,500 to defray part of the cost of the
Birmingham CSO Drain; and
WHEREAS the Drain Bonds, Series 1994A, Series 1994B and Series 1994C,
will be dated as of such date, will bear interest at such rates not to exceed
8% per annum, will mature in such years and principal amounts, and will be
subject to redemption upon such terms and conditions as shall be determined by
the Oakland County Drain Commissioner, as Chairman of the Drainage Board for
the Birmingham CSO Drainage District; 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 principal of and interest on the Drain Bonds, Series
1994A, Series 1994B and Series 1994C; and
WHEREAS the Birmingham CSO Drain 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, the Board of Commissioners of the County of Oakland
does hereby irrevocably pledge the full faith and credit of the
County of Oakland for the prompt payment of the principal of and
interest on the Birmingham CSO Drainage District Drain Bonds,
Series 1994A, Series 1994B and Series 1994C when due, and pursuant
to said pledge, in the event that the City of Birmingham, the
County of Oakland or the State of Michigan shall fail or neglect to
account to the County Treasurer for the amount of any special
assessment installment and interest when due to pay the aforesaid
bonds or interest thereon when due, the amount unpaid shall be
promptly advanced from County funds as a first budget obligation,
and the County Treasurer is directed to immediately make such
advancement to the extent necessary.
2. That in the event that pursuant to said pledge of its 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. The Drain Commissioner of the County of Oakland is hereby
authorized to notify the Michigan Department of Treasury of the
County's intent to pledge its full faith and credit as secondary
security for the not to exceed $24,000,000 BIRMINGHAM CSO DRAINAGE
DISTRICT, DRAIN BONDS, SERIES 1994A and the not to exceed aggregate
$11,661,500 BIRMINGHAM CSO DRAINAGE DISTRICT, DRAIN BONDS, SERIES
1994B and SERIES 1994C and to pay the related fee and to request an
order providing an exception for the bonds from prior approval by
the Department of Treasury.
4. That all resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same
hereby are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachments on file in the County Clerks office.
FISCAL NOTE (Misc. #94261)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - BIRMINGHAM CSO DRAINAGE DISTRICT, 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 #94261 and finds:
1) The resolution authorizes the issuance of drain bonds with the
County pledging full faith and credit as secondary security with
the City of Birmingham as the primary obligor.
2) Birmingham CSO Drain Bonds will be sold in three series for a total
principal amount not to exceed $35,661,500.
a) Series 1994A, for a maximum of $24,000,000, will be sold to
the Michigan Municipal Bond Authority, as part of their
Michigan Water Pollution Control Revolving Loan Program at 2%
to be repaid within an estimated 20 years.
b) The aggregate principal amount of the Series 1994B and 1994C
bond issue shall not exceed $11,661,500 and shall be repaid
at an interest rate not to exceed 8% for a period of 20
years.
1) The principal amount of the Series 1994B bond issue
will be based on current known federal commitments.
2) Series 1994C will be sold at a later date for an amount
to be determined at that time dependent upon further
grant commitments.
3) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of 7/31/94, the outstanding debt is
$351,882,665.93 or approximately 1.2% of the S.E.V.
4) Of the total bond sale of $35,661,500, the County's apportionment
is .29% ($103,418.35).
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 Law the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson,
Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94262)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: DRAIN COMMISSIONER - DEPARTMENT REORGANIZATION AND CHANGE OF SALARY FOR
THE CHIEF DEPUTY DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced Planning
and Building Committee resolution on August 31, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94262
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - DEPARTMENT REORGANIZATION AND CHANGE OF SALARY FOR
THE CHIEF DEPUTY DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the merger of the Water and Sewage Division with the Drain
Commissioner in 1993 and the personnel changes made earlier this year as a
result of early retirement vacancies produced immediate operational and salary
savings within the Drain Department; and
WHEREAS the Drain Commissioner has carefully reviewed the operations of
his department and has identified several needs and further cost cutting
opportunities which would result in the deletion of five Special Revenue
positions, creation of one Governmental position, upward adjustment to the
classification or salary of three positions, and internal transfer of 12
positions; and
WHEREAS one of the requested salary adjustments is for the Chief Deputy
Drain Commissioner classification which currently has a flat rate bi-weekly
salary of $2,550.38 ($66,310 annual), a rate below the bi-weekly maximum salary
of $2,699.19 ($70,179 annual) of the two subordinate managers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the following department reorganization and personnel
changes:
1. To delete five (5) vacant SR positions in the Operations and
Maintenance Division, Sewage Treatment Unit funded by Drain funds:
1 SOC Lab Supervisor (61213-02309)
1 Chemist(61213-06847)
3 Sewage Treatment Plant Operator II
(61213-01897, 61213-01970 & 61213-02800)
2. To create one (1) GOV Secretary I position in Drain Commissioner,
Administration.
3. To reclassify a Pump Maintenance Mechanic I position (61213-02943)
to Water Maintenance Supervisor I, within the Water Systems Unit.
4. To change the salary grade designation of Supervisor-Right of Way
(61306-03219) from grade 13 to grade 14.
5. To change the salary for the Chief Deputy Drain Commissioner to a
new bi-weekly flat rate of $2,834.15 ($73,688 annual, for
illustrative purposes only).
6. To locate four (4) GOV positions as follows:
FROM TO Pos. # Classification
61305 61213 06523 Engineering Tech.
61305 61213 06415 Student Engineer
61304 61213 01755 Engineering Aide II
61304 61213 02137 Engineering Aide II
7. To transfer three (3) GOV positions to SR funding and locate as
follows:
FROM TO Pos. # Classification
61303 61213 00735 Lake Level Tech.
61303 61213 01021 Lake Level Tech.
61305 61101 01479 Secretary I
8. To transfer five (5) SR positions to GOV funding and locate as
follows:
FROM TO Pos. # Classification
61213 61305 06856 Typist II
61213 61101 07284 Staff Assistant
61213 61316 00660 Const Insp III
61213 61316 00833 Const Insp III
61213 61306 02577 Engineering Tech.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #94262)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - DEPARTMENT REORGANIZATION AND CHANGE OF SALARY FOR
THE CHIEF DEPUTY DRAIN COMMISSIONER
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 #94262 and finds:
1) The Drain Commissioner requests authorization to:
A. Delete five Special Revenue positions.
B. Create one Governmental position.
C. Transfer five positions from Operations & Maintenance to
Engineering & Construction; transfer seven positions from
Engineering & Construction to Operations & Maintenance.
D. Reclassify a Pump Maintenance Mechanic I position to Water
Maintenance Supervisor I.
E. Increase the salary grade of the Supervisor-Right of Way from
grade 13 to grade 14.
F. Change the salary of the Chief Deputy Drain Commissioner to a
new flat rate of $73,688.
G. Return four passenger vehicles.
2) It is recommended the 1994/95 Biennial Budget be amended to include
these position changes, crediting the savings to the Salary
Adjustment line account as follows:
1994 1995
3-10100-613-01-00-2529 Reimbursements-Proj. 44,579 165,579
4-10100-611-01-00-1001 Salaries-Regular 16,725 62,122
4-10100-611-01-00-2070 Fringe Benefits 8,216 30,516
4-10100-612-13-00-1001 Salaries-Regular 25,675 95,360
4-10100-612-13-00-2070 Fringe Benefits 14,768 54,851
4-10100-613-03-00-1001 Salaries-Regular ( 17,913) ( 66,534)
4-10100-613-03-00-2070 Fringe Benefits ( 8,387) ( 31,152)
4-10100-613-04-00-1001 Salaries-Regular ( 12,065) ( 44,812)
4-10100-613-04-00-2070 Fringe Benefits ( 7,105) ( 26,390)
4-10100-613-05-00-1001 Salaries-Regular ( 15,681) ( 58,245)
4-10100-613-05-00-2070 Fringe Benefits ( 8,476) ( 31,483)
4-10100-613-06-00-1001 Salaries-Regular 10,586 39,321
4-10100-613-06-00-2070 Fringe Benefits 5,284 19,627
4-10100-613-16-00-1001 Salaries-Regular 14,963 55,578
4-10100-613-16-00-2070 Fringe Benefits 8,383 31,138
34,973 129,897
4-10100-909-01-00-9901 Salary Adjustment 9,606 35,682
0 0
3) In addition, a reduction in revenue can be expected to offset
Salary, Fringe Benefit, and Vehicle expense reductions within the
following special revenue fund:
1994 1995
3-83200-612-56-00-2806 Revenue ( 83,288) (310,553)
4-83200-611-01-00-1001 Salaries-Regular 7,033 26,123
4-83200-611-01-00-2070 Fringe Benefits 3,889 14,445
4-83200-612-10-00-1001 Salaries-Regular ( 4,961) ( 18,426)
4-83200-612-10-00-2070 Fringe Benefits ( 3,075) ( 11,423)
4-83200-612-13-00-1001 Salaries-Regular ( 51,674) (191,931)
4-83200-612-13-00-2070 Fringe Benefits ( 30,300) (112,541)
4-83200-612-13-00-6610 Leased Vehicles ( 4,200) ( 16,800)
( 83,288) (310,553)
0 0
FINANCE COMMITTEE
Moved by Palmer supported by McCulloch the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Pernick supported by Kingzett to divide the question by dividing
item #5 in the NOW THEREFORE BE IT RESOLVED paragraph from the resolution,
voting on the whole resolution and voting on item #5 separately.
AYES: Kaczmar, Kingzett, McPherson, Oaks, Pernick. (5)
NAYS: Kramer, Law, McCulloch, Moffitt, Newby, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Johnson. (18)
A sufficient majority not having voted therefor, the motion failed.
Vote on resolution:
AYES: Kingzett, Kramer, Law, McCulloch, Moffitt, Newby, Oaks, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Johnson. (20)
NAYS: McPherson, Pernick, Kaczmar. (3)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson stated "A Public Hearing is now called on the Cranbrook
Educational Community EDC Project No. 942. Are there any persons present who
wish to speak?" No persons requested to speak and the Public Hearing was
declared closed?
MISCELLANEOUS RESOLUTION #94263
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: APPOINTMENT OF GLEN YRJANAINEN AS CHIEF DEPUTY DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 40 of the Public Acts of
1956, as amended, the Oakland County Drain Commissioner may appoint a Chief
Deputy Drain Commissioner, subject to the approval and confirmation of the
Oakland County Board of Commissioners; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, has selected
Glen Yrjanainen to be Chief Deputy Drain Commissioner, to succeed former Chief
Deputy Robert H. Fredericks; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, requests that
the appointment of Glen Yrjanainen as Chief Deputy Drain Commissioner be
approved and confirmed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and confirms the appointment of Glen Yrjanainen
as Chief Deputy Drain Commissioner.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Newby the resolution be adopted.
AYES: Kramer, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94264
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: APPOINTMENT OF WILLIAM E. KLOCKOW AS DEPUTY DRAIN COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 40 of the Public Acts of
1956, as amended, the Oakland County Drain Commissioner may appoint a Deputy
Drain Commissioner in addition to a Chief Deputy Drain Commissioner, subject to
the approval and confirmation of the Oakland County Board of Commissioners; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, has selected
William E. Klockow to be Deputy Drain Commissioner, to succeed Glen Yrjanainen
who has been appointed Chief Deputy Drain Commissioner; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, requests that
the appointment of William E. Klockow as Deputy Drain Commissioner be approved
and confirmed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and confirms the appointment of William E.
Klockow as Deputy Drain Commissioner.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Kingzett 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, Johnson, Kaczmar, Kingzett, Kramer. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94265
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION APPROVING PROJECT PLAN
(ROSE HILL CENTER, INC. PROJECT) - HOLLY TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that this Board of Commissioners approve the
Project Plan required by the Economic Development Corporations Act, Act No. 338
of the Michigan Public Acts of 1974, as amended (the "Act") for the Rose Hill
Center, Inc. Project, a copy of which Project Plan is attached hereto as
Exhibit A (the "Project Plan"); and
WHEREAS the EDC's recommendation to this Board of Commissioners was based
upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act, that the Project Plan prepared in
connection with the Project satisfies all of the requirements of Section 8 of
the Act regarding project plans, that the persons who will be active in the
management of the project for at least one (1) year after the projected date of
the County Board of Commissioner's approval of the Project Plan will have
sufficient ability and experience to manage the Plan properly, and that the
proposed method of financing the Project is feasible and a bond purchaser's
commitment has been obtained; and
WHEREAS on July 19, 1994, the governing body of Holly Township, Oakland
County, Michigan, also approved the Project Plan; and
WHEREAS on August 18, 1994, this Board of Commissioners held a public
hearing to consider whether the Project Plan constitutes a public purpose as
contemplated by the Act; and
WHEREAS this Board of Commissioners, following such public hearing and
its review of the Project Plan, concurs in the determinations of the EDC with
respect thereto.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County
of Oakland, as follows:
1. The Project Plan, in the form attached hereto as Exhibit A, is
hereby determined to constitute a public purpose as contemplated by
the Act.
2. The Project Plan is hereby approved.
3. The EDC is hereby authorized to take such steps as are necessary to
implement the Project and the financing thereof by the issuance of
revenue bonds or notes.
4. The County Clerk is hereby directed to provide four certified
copies of this resolution to the Assistant Secretary of the Board
of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit "A" (the "Project Plan") on file in County Clerk's
office.
Moved by Palmer supported by Johnson the resolution be adopted.
AYES: McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht,
Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Kramer, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94253
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to
distribute property and funds forfeited through narcotic seizures to
participating agencies to be utilized towards the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the Courts have distributed $868,076 to the County (balance as of
6/27/94) as a result of Sheriff Department forfeiture efforts; and
WHEREAS the Sheriff Department has requested a portion of these funds be
used to purchase and maintain radio equipment for the Dragoon Vehicle at an
approximate cost of $2,200; and
WHEREAS this equipment will be utilized by the Sheriff Department to
enhance law enforcement drug efforts in compliance with state law.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the use of $2,200 from the Sheriff Department Law
Enforcement Enhancement Account (#1-10100-201-053) to purchase radio equipment
for the Dragoon Vehicle.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #94253)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS
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 #94253 and finds:
1. The Sheriff Department's Law Enforcement Enhancement Account
(#1-10100-201-053) has a balance of $868,076; per state statute,
these funds must be used to enhance the Sheriff's law enforcement
activities.
2. The Sheriff has identified a need for $2,000 of these funds to
support the purchase of additional radio equipment for the Dragoon
Vehicle.
3. Any required repairs on the equipment will be completed by the
Radio Communication Fund and charged to the Sheriff's Department on
a time and material basis. An additional $200 will be appropriated
to cover repair cost.
4. The 1994/1995 Biennial Budget be amended, as specified below, to
include this activity:
Revenue
3-10100-431-01-00-2340 Misc. Revenue $2,200
Expenditures
4-10100-439-05-00-9998 Capital Outlay $2,200
$ 0
FINANCE COMMITTEE
Moved by Obrecht supported by Huntoon 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, Kramer, Law, McCulloch.
(25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94254
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - ACCEPTANCE OF 1993/1994 CHARITABLE INSTITUTION
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Department of Agriculture, through the Michigan
Department of Education, distributes surplus food to charitable organizations;
and
WHEREAS the Oakland County Sheriff Department qualifies as a charitable
organization under the guidelines as is eligible to receive surplus food; and
WHEREAS receipt of this surplus food reduces County cost for Sheriff
Department operations by decreasing the use of General Fund dollars to purchase
food supplies; and
WHEREAS although the Sheriff Department has participated in this program
for a number of years, the County's independent auditors recommend that this
program be approved by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1993/1994 Charitable Institution Agreement with the
United States Department of Agriculture and the Michigan Department of
Education.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to
execute said agreement and to approve changes and extensions within fifteen
(15) percent of the agreement as originally approved.
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #94254)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF DEPARTMENT - ACCEPTANCE OF 1993/1994 CHARITABLE INSTITUTION
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #94254 and finds:
1. The Oakland County Sheriff Department is qualified as a charitable
institution, by the United States Department of Agriculture and the
Michigan Department of Education, to receive surplus food.
2. Value of the food received through this agreement in 1993 was
$84,000. The receipt of this food is a direct offset to the cost
of prisoner care experienced by the County.
3. While the actual food is free of charge, the Sheriff Department
must cover the cost of food transportation. The annual estimated
cost of $18,000 is included in the Sheriff's budget.
4. Although the Sheriff Department has participated in the program for
a number of years, KPMG, the County's independent auditors,
recommended that this agreement be approved by the Board of
Commissioners beginning with the 1993/1994 agreement.
5. Since revenues will match expenses for the food received, no
amendments are recommended to the 1994 Budget. Amendments to the
1995 Budget will be recommended once the 1994 amounts has been
calculated.
FINANCE COMMITTEE
Moved by Obrecht supported by Garfield the resolution be adopted.
AYES: Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: Ad Hoc Groundwater Protection Committee, Charles Palmer, Chairperson
IN RE: GROUNDWATER PROTECTION REGULATION RECOMMENDATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to the charge of the Oakland County Board of Commissioners,
given March 24, 1994, the Ad Hoc Groundwater Protection Committee has reviewed
the formulating of a policy for groundwater protection and reports as follows:
FINDINGS AND RECOMMENDATIONS OF THE AD HOC GROUNDWATER PROTECTION COMMITTEE
1) Oakland County's unique subsurface geology, sustained growth and
development (commercial, industrial, and residential) and the lack
of municipal sewer systems in developing areas makes it necessary
for Oakland County to develop regulations protecting our
groundwater, while allowing for growth and development vital to our
continued well being.
2) That density control, utilization of alternative and emergent
technologies, land use restrictions and permitting procedures are
all valid and useful methods to be incorporated in a comprehensive
protection policy.
3) That any regulatory policy should provide for:
A) A waiver of conditions due to special or unique
circumstances, as long as public health or safety is not
degraded.
B) An appeal procedure in cases of dispute.
4) That the Board of Commissioners should request the Health Division
to develop proposed groundwater protection regulations and submit
those recommendations to the appropriate committees for Board
review.
Chairperson, on behalf of the Ad Hoc Groundwater Protection Committee, I
move the acceptance of this report and the attached minority report, and ask
for referral to the appropriate standing committees.
AD HOC GROUNDWATER PROTECTION
COMMITTEE
Moved by Obrecht supported by Law the report be amended in the paragraph
reading:
"Chairman, on behalf of the Ad Hoc Groundwater Protection Committee, I
move the acceptance of this report and the attached minority report, and ask
for referral to the appropriate standing committees."
Delete the words: and the attached minority report,
Vote on amendment:
AYES: Newby, Obrecht, Garfield, Gosling, Jensen, Johnson, Law,
McPherson, Miltner. (9)
NAYS: Moffitt, Oaks, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake,
Dingeldey, Douglas, Huntoon, Kaczmar, Kingzett, Kramer, McCulloch. (16)
A sufficient majority not having voted therefor, the amendment failed.
The Chairperson referred the Ad Hoc Groundwater Protection Committee
Report to the General Government Committee. There were no objections.
County Executive L. Brooks Patterson, along with Chairperson Larry Crake,
presented a Proclamation saluting Parks and Recreation for their exceptional
work on the 1994 World Championship BMX event, to Pecky Lewis of the Parks and
Recreation Commission.
MISCELLANEOUS RESOLUTION #94266
BY: Shelley Taub, District #12; John McCulloch, District #22; Ruth Johnson,
District #1
IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH - REQUIREMENT OF
NOTIFICATION OF COMMENCEMENT AND FINDINGS OF PUBLIC AND PRIVATE REVIEWS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is engaged in a multi-faceted $100 million
Community Mental Health effort in which a substantial number of mental health
services and programs are administered by more than 260 County employees, as
well as many mental health organizations under contract with Oakland County;
and
WHEREAS such a vast and complex effort necessitates the need for periodic
financial, programmatic and performance reviews to monitor compliance with
applicable federal and state laws, County policies and regulations, and
Community Mental Health Board rules and requirements; and to ensure that the
programs and services are meeting the needs of constituents and are being
delivered in the most efficient, effective, and economical ways possible; and
WHEREAS there have been initiated from time to time various financial,
programmatic and performance reviews where notification of the commencement and
findings of such have occurred unbeknownst to elected officials and officers
who are responsible for the funding, provision and delivery of mental health
services in Oakland County; and
WHEREAS it is in the best interests of the citizens of Oakland County
that notification of the commencement of all public and private financial,
programmatic and performance reviews and audits, as well as all findings of
same, be properly submitted to those interested elected officials and County
officers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby directs that notification of the commencement and findings
of all federal, state and local audits, public and private financial,
programmatic and performance reviews, and any other applicable evaluations of
Community Mental Health programs and services be submitted to the following:
* Chairperson, Community Mental Health Board
* Chairperson of the Board of Commissioners
* County Executive
BE IT FURTHER RESOLVED that all such notifications shall be submitted to
the elected officials and County officers referenced above no later than 5 days
after commencement of the audit or review; and that findings of same shall be
submitted to the elected officials and County officers referenced above no
later than 5 days after receipt of any audit or review findings.
BE IT FURTHER RESOLVED that notification of the commencement and findings
of all such audits and reviews shall apply to the Community Mental Health
Division, all County mental health services and programs, and any organization
that provides mental health services and programs via a contractual arrangement
with Oakland County.
BE IT FURTHER RESOLVED that the Director of the Community Mental Health
Division, shall be responsible for submitting notification of the commencement
and findings of all audits and reviews in accordance with the provisions of
this resolution.
BE IT FURTHER RESOLVED that the Director shall be authorized to implement
those administrative measures necessary to ensure sufficient knowledge of all
audits and reviews within the Community Mental Health Division; and that all
future contracts with providers of mental health programs and services call for
proper notification to the Director of all audits and reviews impacting those
providers within the time frames established by this resolution.
Chairperson, we move the adoption of the foregoing resolution.
Shelley Taub, John P. McCulloch,
Ruth A. Johnson
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94267
BY: Jeff Kingzett, County Commissioner, District #7; Ruth Johnson, County
Commissioner, District #1
IN RE: BOARD OF COMMISSIONERS - POLICY TO PROHIBIT REIMBURSEMENT FOR TRAVEL
EXPENSES FOR "LAME DUCK" COMMISSIONERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS travel to conferences and educational seminars gives county
commissioners an opportunity to learn about new developments at the state and
national level, and provides insight for cost savings, cost avoidance and
program enhancements; and
WHEREAS information and new ideas gained by this travel to conferences
and educational seminars is valuable only when put to use for the good of
Oakland County citizens; and
WHEREAS because implementation of these ideas takes time, there is
significantly less value in travel to conferences and educational seminars by
commissioners who will continue to serve only a limited period of time; and
WHEREAS Oakland County plays an integral part in the formulation of
policy and leadership in organizations such as the Michigan Association of
Counties (MAC) and the National Association of Counties Organization (NACo),
organizations whose lobbying efforts have a powerful effect on the legislative
issues impacting local government.
NOW THEREFORE BE IT RESOLVED that lame duck commissioners will not be
reimbursed for any travel expenses (other than mileage within the State) in
their capacity as County Commissioners, or as members of any other county board
on which they serve by virtue of being a county commissioner, and whose term on
such other board will cease at the expiration of their commissioner term.
BE IT FURTHER RESOLVED that for the purposes of this resolution, the term
"lame duck" shall refer to either a.) commissioners who have not filed for re-
election for county office by the proper legal deadline, or b.) commissioners
who have been defeated in either primary or general elections.
BE IT FURTHER RESOLVED that those commissioners who serve as officers or
chairs of committees, sub-committees, or task forces of MAC and NACo shall be
exempted from this policy when attending a MAC or NACo function in their
leadership capacity.
Chairperson, we move the adoption of the foregoing resolution.
Jeff Kingzett, Ruth Johnson
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referrals:
FINANCE
a. MI Department of Treasury - Tri-County Convention Facilities
Tax/Health and Safety Fund (HSF) Act
b. Benzie County Board of Commissioners - (Oppose) Department of
Social Services Funding Proposal
GENERAL GOVERNMENT
a. Benzie County Board of Commissioners - (Oppose) Department of
Social Services Funding Proposal
b. Oscoda County Board of Commissioners - (Support) School Prayer
c. City of Troy - Rescinding Support for the 9-1-1 User Fee
d. Wisconsin Counties Association - (Oppose) Federal Crime Bill
e. City of Berkley - Urge the Formation of a Regional Public Transit
Authority
PUBLIC SERVICES
a. Benzie County Board of Commissioners - (Oppose) Department of
Social Services Funding Proposal
OTHERS
Treasurer
a. City of Rochester Hills - Establish a Local Development Financing
Authority (LDFA)
Management and Budget
a. Equalization - Royal Oak/Ind. Fac. Ex., 4336 Coolidge Highway
There were no objections to the referrals.
The Chairperson stated the next Board meeting would be September 22, 1994
at 9:30 A.M.
The Board adjourned at 10:37 A.M.
LYNN D. ALLEN LARRY CRAKE
CLERK CHAIRPERSON