HomeMy WebLinkAboutMinutes - 1995.05.25 - 8189
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
May 25, 1995
Meeting called to order by Chairperson Larry Crake at 10:32 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner JoAnne Holbert.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Pernick the minutes of the May 11, 1995 Board
meeting be approved.
A sufficient majority having voted therefor, the minutes were approved,
as printed.
Moved by Wolf supported by Pernick the rules be suspended and the agenda
be amended, as follows:
ITEMS ON PRINTED AGENDA
PUBLIC SERVICES COMMITTEE
b. MSU Cooperative Extension Division - EPA Waste Wise and Waste
Resource Program Acceptance
HEALTH AND HUMAN SERVICES COMMITTEE
a. Department of Human Services/Health Division - Adoption and
Enforcement of the Water Supply Code, Article X of the Oakland
County Sanitary Code
(Reason for suspension for Public Services and Health and Human Services
Committee items: Waiver of Rule XII - Direct Referral to Finance and Personnel
Committee)
ITEMS NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
d. Board of Commissioners - Award of Professional Services Contract
for Government Relations Consulting Firm
e. Board of Commissioners - Policy on Activation of Government
Relations Consulting Firms
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner - Issuance of Bonds to Defray Part of Cost of
Sewage Disposal Improvements (White Lake Twp)
(Reason for suspension for General Government Committee and Planning and
Commissioners Minutes Continued. May 25, 1995
216
Building Committee items: Waiver of Rule III (5-Day Notice))
*The Chairperson stated Health and Human Services, item B, is deleted from the
agenda.
Vote on suspension:
AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Mary Dardon of the Oakland Bar - Adams Pratt Foundation addressed the
Board.
MISCELLANEOUS RESOLUTION #95152
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1995-1998 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Department, the County of Oakland
and the Oakland County Deputy Sheriff's Association have been negotiating a
contract covering approximately 488 deputized and non-deputized employees of
the Oakland County Sheriff's Department; and
WHEREAS a four (4) year agreement has been reached for the period
January 1, 1995 through December 31, 1998, said agreement has been reduced to
writing; and
WHEREAS the agreement includes a 4% salary increase for calendar year
1995, a 3% increase for 1996, a 3% increase for 1997, and a wage reopener for
1998; and
WHEREAS the cost to the County General Fund for 1995, 1996 and 1997
equals $2,621,266, as detailed on the attached Schedule A; and
WHEREAS the funds are available in the non-departmental Fringe Benefit
Adjustment Account to cover the 1995 cost to the governmental funds
($1,014,657); and
WHEREAS the 1996 and 1997 cost will be included in the County Executive's
1996/1997 Recommended Budget; and
WHEREAS the agreement has been reviewed by your Finance and Personnel
Committee which recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the
Oakland County Sheriff's Department, the County of Oakland and the Oakland
County Deputy Sheriff's Association, covering the period January 1, 1995
through December 31, 1998 is approved, and that the Board Chairperson, on
behalf of the County of Oakland, is authorized to execute said agreement which
is attached.
BE IT FURTHER RESOLVED that the 1995 budget be amended, as specified in
Schedule B, to cover the 1995 cost of this agreement.
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Budgetary Impact Tentative 1995-1997 Agreement and Schedule B on
file in the County Clerk's office.
Moved by McCulloch supported by Huntoon the resolution be adopted.
AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos. (25)
Commissioners Minutes Continued. May 25, 1995
217
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95153
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR
1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the
Board of Commissioners for Grades 1-21 provide for a review and appeal process
for departments and employees wishing to challenge the salary grade placement
of classifications; and
WHEREAS the First Quarterly Report for 1995 was submitted to the Finance
and Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
process; and
WHEREAS the Finance and Personnel Committee has reviewed and approved
this report; and
WHEREAS the annual cost of the salary grade placement changes for the
fourteen (14) Governmental positions is $40,076 and the cost for the remainder
of 1995 is $23,119; and
WHEREAS the annual cost of the salary grade placement change for the
Special Revenue position is $4,132 and the cost for the remainder of 1995 is
$2,384; and
WHEREAS funding is available for the Governmental positions in the
Classification and Rate Change account to implement salary grade changes
resulting from salary administration quarterly report recommendations; and
WHEREAS funding is available for the Special Revenue position in its
fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes implementation of the Salary Administration First
Quarterly Report for 1995 which includes the following personnel actions:
Salary Grade
Classification From: To: Location-Position
Veteran's Counselor I 6 8
Veterans' Counselor II 8 10 17301-03091,17301-03668
(6 positions) 17301-02075,17301-00456
17301-01401,17301-01724
Veterans' Counselor III 10 12 17301-01275,17301-02189
(4 positions) 17301-03302,17301-02199
Veterans' Counselor Supv. 12 14 17301-00817,17301-02588
(2 positions)
Corrections Staff Assistant 16 17 43101-05415
(Retitle to Sheriff's Corrections
Administrator)
Major 19 20 43101-01497
Chief - Community Devel.
Operations 15 16 19611-01708
Admin. Assistant-Drain (Change from 61101-05218
No OT to Reg OT)
BE IT FURTHER RESOLVED the 1995 Budget is amended as follows:
1995
10100-909-01-00-9902 Class.& Rate Change $ 23,119)
10100-173-01-00-1001 Veterans' Serv. Salaries 12,847
10100-173-01-00-2070 Veterans' Serv. Fringes 4,624
10100-431-01-00-1001 Sheriff Salaries 4,153
10100-431-01-00-2070 Sheriff Fringes 1,495
$ -0-
Commissioners Minutes Continued. May 25, 1995
218
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by McCulloch supported by Moffitt the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake.
(25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95154
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: ROAD COMMISSION - (SUPPORT) COUNTY ROAD ASSOCIATION OF MICHIGAN ROAD
FUNDING PROPOSAL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS good roads and streets are vital to the economy and stability of
Oakland County; and
WHEREAS the State of Michigan has historically ranked among the lowest
states in per capita spending on roads, and due to this history of underfunding
roads, a statewide infrastructure crisis is at hand if major steps are not
taken quickly; and
WHEREAS the situation in Oakland County is most critical due to aging and
deteriorating road and street conditions, increasing traffic volumes, and the
inadequate share of the Michigan Transportation Fund which Oakland County's
Road Commission, city and villages receive (which has never been adequate to
address the maintenance and improvement needs of county roads and city and
village streets in Oakland County), and such funding has never been
commensurate with the amount of taxes collected from Oakland County; and
WHEREAS the County Road Association of Michigan has proposed a funding
plan which produces a significant revenue increase predominately utilizing
revenue from the state fuel tax, which is still the most equitable user fee
available for road funding; and such funding plan will both alleviate Oakland
County's "donor" status and will greatly aid in addressing our road and street
rehabilitation needs.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
hereby supports the County Road Association of Michigan's funding proposal for
increasing revenue for local roads and streets, and opposes any alternate
proposal that would change the distribution of existing or new funds, thereby
resulting in less money going to local road agencies.
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to
all Oakland County State Legislators, the Governor, and the County's Michigan
Government Liaison, and the Board of Commissioner's Chief of Administration.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: JOB EVALUATION REVIEW PANEL APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the appointment of the
following individuals to the Job Evaluation Review Panel for terms ending
Commissioners Minutes Continued. May 25, 1995
219
December 31, 1995:
Member Alternates
Circuit Court Judges Appointment Judy Cunningham Robert Bingham
County Executive Appointment Robert Chisholm Douglas Williams
Other Elected Officials Patrick Dohany Glen Yrjanainen
Board of Commissioners Jeff Kingzett Fran Amos
Board of Commissioners Nancy Dingeldey Fran Amos
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the General Government Report to the Finance and
Personnel Committee. There were no objections.
REPORT (Misc. #95111)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: PROTECTION OF SMART TRANSPORTATION FUNDS FOR SENIOR CITIZENS AND
PERSONS WITH DISABILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on May 15, 1995, reports with the recommendation that the resolution
be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #95111)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: PROTECTION OF SMART TRANSPORTATION FUNDS FOR SENIOR CITIZENS AND
PERSONS WITH DISABILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on April 19, 1995, reports with the recommendation that the
resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #95111
BY: Ruth Johnson, District No. 1; Shelley G. Taub, District No. 12; Fran Amos,
District No. 5; Dan Devine, District No. 14; Donna Huntoon, District No. 2; Kay
Schmid, District No. 17; Nancy Dingeldey, District No. 11; Dennis Powers,
District No. 10; Lawrence Obrecht, District No. 3; Sue Douglas, District No. 8;
Donn Wolf, District No. 19; David Moffitt, District No. 18; Donald Jensen,
District No. 15; Larry Crake, District No. 4; John Garfield, District No. 9
IN RE: PROTECTION OF SMART TRANSPORTATION FUNDS FOR SENIOR CITIZENS AND
PERSONS WITH DISABILITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS SMART (Suburban Mobility Authority for Regional Transportation)
has exceeded its $43 million budget for the last several years and has
announced that it will run out of money and will discontinue all line-haul
service in Oakland County by June of 1995; and
WHEREAS the Oakland County Board of Commissioners has formed a Public
Transportation Authority under Public Act 196 of 1988 for the purpose of
setting a Special Election to ask the citizens of Oakland County if they are
willing to assess themselves .33 mil in new property taxes to bail out SMART;
and
WHEREAS the Oakland County Board of Commissioners has a strong desire to
ensure senior citizens and individuals with disabilities throughout Oakland
Commissioners Minutes Continued. May 25, 1995
220
County that the current services provided by SMART will continue; and
WHEREAS the current State and Federal contributions to the SMART budget
of $43 million per year are financed in part by all Oakland County residents
through gas tax and income tax; and
WHEREAS the Board of Commissioners' first and foremost concern is to
guarantee the continuation of municipal credits and paratransit services from
SMART to meet the needs of senior citizens and persons with disabilities living
in Oakland County; and
WHEREAS under Public Act 196, municipalities may choose to opt out of a
transit authority; and
WHEREAS there is a question whether SMART plans to halt transportation
for senior citizens and individuals with disabilities by discontinuing
municipal credits and paratransit service in communities who choose to opt out
even though the current funds and the State formula will continue to exist to
support said services; and
WHEREAS communities may opt out of the County's 196 Authority, but they
may not opt of SMART because state law mandates their membership and financial
contribution; and
WHEREAS the two (2) representatives and (1) alternate to the SMART Board
of Directors from Oakland County would both have to vote to halt the existing
municipal credits and para-transit services for such services and credits to
cease.
NOW THEREFORE BE IT RESOLVED that the Oakland County representatives to
the SMART Board of Directors are hereby requested to answer in writing by
May 5, 1995, as members of the SMART Board of Directors, whether they will or
will not vote to:
a. Remove municipal credits from any city, township or village
in Oakland County that currently receives said service as
long as they continue to contribute to the dedicated State
and Federal funds that exist to support said service.
b. Remove paratransit from any city, township or village in
Oakland County that currently receives such credits as long
as dedicated State and Federal funds exist to support said
credits.
Chairperson, we move adoption of the foregoing resolution.
Kay Schmid, Fran Amos, Donald
Jensen,
Dan Devine, Donna Huntoon, Shelly
Taub,
Dennis N. Powers, Nancy Dingeldey,
Ruth A. Johnson, Lawrence Obrecht,
David L. Moffitt, Larry P. Crake,
Donn L. Wolf, Sue Ann Douglas
(action from April 27, 1995 Board meeting)
Moved by Schmid supported by Douglas the resolution be adopted.
Commissioner Taub moved to amend the resolution as follows:
Under the NOW THEREFORE BE IT RESOLVED paragraph, correct the language in
sections a and b, as follows:
a. Remove municipal credits from any city, township or village in
Oakland County that currently receives said service such credits as
long as they continue to contribute to the dedicated State and
Federal funds that exist to support said service credits.
b. Remove paratransit from any city, township or village in Oakland
County that currently receives such credits said service as long as
dedicated State and Federal funds exist to support said credits
service.
The Chairperson stated the amendment would be considered a friendly
amendment. There were no objections.
Commissioners Minutes Continued. May 25, 1995
221
Discussion followed.
Moved by Moffitt supported by Law the resolution be referred back to the
General Government Committee.
AYES: Jacobs, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Palmer, Pernick, Quarles, Wolf, Holbert. (13)
NAYS: Huntoon, Johnson, Obrecht, Powers, Schmid, Taub, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield. (12)
A sufficient majority having voted therefor, the resolution was referred
back to the General Government Committee.
(end of action from April 27, 1995 Board meeting; begin action for May 25,
1995)
Moved by Schmid supported by Johnson the resolution be adopted.
Moved by Schmid supported by Johnson the General Government Committee
Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Schmid supported by Johnson the resolution be adopted.
Moved by Taub supported by Douglas the resolution be amended in the
seventh and eighth WHEREAS paragraphs, to read as follows:
WHEREAS there is still a question whether SMART plans to halt
transportation for senior citizens and individuals with disabilities by
discontinuing municipal credits and paratransit service in communities who
choose to opt out even though the current funds and the State formula will
continue to exist to support said services; and
WHEREAS communities may opt out of the County's 196 Authority, but they
may not opt out of SMART because state law mandates their membership and
financial contribution; and
And, further, to delete the NOW THEREFORE BE IT RESOLVED paragraph and
replace it with a new NOW THEREFORE BE IT RESOLVED paragraph, to read as
follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County representatives to
the SMART Board of Directors are hereby requested to:
a. Continue paratransit service in any city, township or village in
Oakland County that had received said service as long as said
entities continue to contribute to the dedicated State and Federal
funds that exist to support said service.
b. Continue Municipal Credits in any city, township or village in
Oakland County that had received such credits as long as dedicated
State and Federal funds exist to support said credits.
Discussion followed.
Vote on amendment:
AYES: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Law,
McCulloch, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake,
Devine. (18)
NAYS: Holbert, Jacobs, Kaczmar, Kingzett, McPherson, Pernick,
Quarles. (7)
A sufficient majority having voted therefor, the amendment carried.
Moved by McPherson supported by Kaczmar the resolution be tabled until
after the June 6, 1995 election.
Commissioners Minutes Continued. May 25, 1995
222
The Chairperson stated a "YES" vote would table the resolution; a "NO"
vote would not.
AYES: Holbert, Jacobs, Kaczmar, Kingzett, McPherson, Pernick,
Quarles. (7)
NAYS: Douglas, Garfield, Huntoon, Jensen, Johnson, Law, McCulloch,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey. (18)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Palmer supported by Garfield the resolution be amended in the
second WHEREAS paragraph, to read as follows:
WHEREAS the Oakland County Board of Commissioners has formed a Public
Transportation Authority under Public Act 196 of 1988 for the purpose of
setting a Special Election to ask the citizens of Oakland County if they are
willing to assess themselves .33 mil in new property taxes to bail out support
SMART; and
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Huntoon, Jensen, Johnson, Law, McCulloch, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas. (18)
NAYS: Holbert, Jacobs, Kaczmar, Kingzett, McPherson, Pernick,
Quarles. (7)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95155
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENT RELATIONS CONSULTING FIRM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS issues periodically arise before the Governor and the State
Legislature which have significant impact to local units of government within
the State of Michigan; and
WHEREAS within the past year, several such issues have been debated at
the state level which have far reaching consequences for the citizens of
Oakland County; and
WHEREAS although County Commissioners have access to the Governor and
members of the State Legislature and, therefore, have a limited ability to
present their views on these vital issues impacting Oakland County residents, a
more intensive, coordinated and focused legislative consulting effort is
necessary to sufficiently inform government officials at the State of the
concerns of the Board of Commissioners regarding proposed laws, statutes,
public acts, regulations, and executive and administrative orders; and
WHEREAS the Board of Commissioners has requested proposals from qualified
government relations consulting firms to actively represent the interests of
the Board before the Governor and the State Legislature; and
WHEREAS upon evaluation of proposals and completion of firm interviews,
the review committee is recommending that the attached three-year professional
services contract be awarded to Larsen & Associates, Inc. of Southfield,
Michigan with the terms and conditions as stated therein.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes an award of the attached contract to the firm of
Larsen & Associates, Inc. of Southfield, Michigan, for the purpose of actively
representing the interests of Oakland County as determined by the Board of
Commissioners on those issues before the Governor and the State Legislature,
Commissioners Minutes Continued. May 25, 1995
223
including, but not limited to, proposed laws, statutes, public acts,
regulations, and executive and administrative orders, that the Board deems
appropriate.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
be authorized to execute the attached professional services contract on behalf
of the Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Professional Services Contract on file in the County Clerk's
office.
FISCAL NOTE (Misc. #95155)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR
GOVERNMENTAL RELATIONS CONSULTING FIRM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95155 and finds $30,000 available in the
1995 Board of Commissioner's Budget - Professional Services line-item, to cover
the cost of this agreement.
FINANCE AND PERSONNEL COMMITTEE
Moved by Schmid supported by McCulloch the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (23)
NAYS: Holbert, McPherson. (2)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95156
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - POLICY ON ACTIVATION OF GOVERNMENT RELATIONS
CONSULTING FIRMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has, from time to time, entered into
contracts with government relations consulting firms for the purpose of
representing the interests of the Board of Commissioners at the federal and
state levels; and
WHEREAS it is appropriate that the Board of Commissioners establish a
standard policy for the activation of government relations consulting firms
employed by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the activation of government relations consulting
firms under contract with the Board of Commissioners in the following manner:
1. Except as provided in #2 below, the Chairperson shall refer
considerations to activate the government relations consulting
firms to the General Government Committee, which shall report its
recommendation to the Board of Commissioners for action.
2. In emergencies, or when issues are of an urgent nature and require
an immediate response, the Chairperson may activate government
relations consulting firms with immediate notice to the General
Government Committee and the Board of Commissioners.
Commissioners Minutes Continued. May 25, 1995
224
3. The Chairperson of the General Government Committee may, with
approval from the General Government Committee, activate government
relations consulting firms via written request, and that such
request shall be communicated to the Board of Commissioners.
4. Financial reporting of all activity shall be submitted to the
General Government Committee and the Finance and Personnel
Committee, in written form, on a quarterly basis.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Amos the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert.
(25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95157
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND ENFORCEMENT
OF THE WATER SUPPLY CODE, ARTICLE X OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the supply of safe potable water is fundamental to individual,
public and community health; and
WHEREAS water supply facilities installed, operated, maintained and
abandoned in a proper manner is necessary for safeguarding public health; and
WHEREAS water supplies furnishing water for human consumption needs to be
isolated and protected from sewage or other sources of pollution; and
WHEREAS contamination of water resources and supplies or the creation of
conditions menacing the public health should be prevented; and
WHEREAS Sections 2435 and 2441 of Act 368 of the Public Acts of 1978,
State of Michigan as amended are the governing regulations for water supplies
(Sections •333.2435 and •333.2441 of the Michigan Complied Laws); and
WHEREAS the adoption of a local ordinance by Oakland County is needed to
assure compliance; and
WHEREAS compliance with the code at a minimum program requirement level
is necessary for continuation of cost sharing of services provided by the
Oakland County Health Division; and
WHEREAS in order to begin implementation at the minimum program
requirement level, the creation of three positions in the Health Division, one
(1) Senior Public Health Sanitarian, one (1) Public Health Sanitarian and one
(1) Typist I, and applicable operating costs are necessary; and
WHEREAS the balance of the program's requirements will be included in the
1996/1997 Biennial Budget request; and
WHEREAS the program expenses will be covered by cost sharing (50%) and a
well inspection fee (50%).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the adoption of Article X as a revision to the Oakland
County Sanitary Code.
BE IT FURTHER RESOLVED this program will be established at a level which
will meet minimum program requirements for (50%) cost shared services.
BE IT FURTHER RESOLVED that the fee be established at $85.00 per permit
to fund the balance of the program.
BE IT FURTHER RESOLVED that one (1) Senior Public Health Sanitarian, one
(1) Public Health Sanitarian and one (1) Typist I position be created in the
Commissioners Minutes Continued. May 25, 1995
225
Health Division.
BE IT FURTHER RESOLVED continuation of this program, including personnel,
will be contingent on the continuation of funding.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Copy of Oakland County Health Division Sanitary Code Article X on file in
the County Clerk's office.
FISCAL NOTE (Misc. #95157)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND ENFORCEMENT
OF THE WATER SUPPLY CODE, ARTICLE X OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95157 and finds:
1. The resolution recommends the adoption of Article X as a revision
to the Oakland County Sanitary Code.
2. This revision is to protect the County's water resources and
supplies.
3. Code compliance at a minimum program requirement level is necessary
for continuation of cost sharing of services provided by the
Oakland County Health Division.
4. Initial implementation at the minimum program requirement level,
requires the creation of three positions in the Health Division,
one (1) Senior Public Health Sanitarian, one (1) Public Health
Sanitarian and one (1) Typist I, and applicable operating costs
(See Attachment).
5. The balance of the program's requirements will be included in the
1996/1997 Biennial Budget request.
6. The program expenses will be covered by cost sharing (50%) and a
well inspection fee (50%) established at a rate of $85 per permit.
7. Continuation of this program, including personnel, will be
contingent on the continuation of funding.
8. The 1995 Adopted Budget is to be amended as follows:
Revenue 3-22100-
903-01-00-9321 State Health Subsidy (Cost Sharing) $ 63,718
162-20-00-2xxx Well Inspection Permits 63,718
$127,436
Expenditures 4-22100-
Health Division/Central Support
162-11-00-1001 Salaries $ 8,852
162-11-00-2070 Fringes 5,832
$ 14,684
Health Division/Environmental Health 4-22100
162-20-00-1001 Salaries $ 28,758
162-20-00-2070 Fringes 18,072
162-20-00-3278 Communications 2,500
162-20-00-3347 Expendable Equipment 24,710
162-20-00-3440 Lab Fees 31,900
162-20-00-3574 Personal Mileage 2,800
162-20-00-6360 Computer Services-Operations 1,482
162-20-00-6640 Equipment Rental 780
162-20-00-6670 Stationery Stores 1,500
162-20-00-6672 Print Shop 250
$112,752
Total Expenditures $127,436
Total $ 0
Commissioners Minutes Continued. May 25, 1995
226
FINANCE AND PERSONNEL COMMITTEE
Copy of attachment on file in the County Clerk's office.
The Chairperson referred the resolution to the Health and Human Services
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95158
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - AUTHORIZATION FOR ISSUANCE OF BONDS TO DEFRAY PART
OF THE COST OF SEWAGE DISPOSAL IMPROVEMENTS TO THE OAKLAND COUNTY SEWAGE
DISPOSAL SYSTEM (WHITE LAKE TOWNSHIP EXTENSIONS - UNION LAKE ROAD IMPROVEMENTS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the Charter Township of
White Lake (the "Township") have entered into the Oakland County Sewage
Disposal System (White Lake Township Extensions -- Union Lake Road
Improvements) Contract dated as of August 1, 1992 (the "Contract"), pursuant to
the 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 sewage disposal
improvements to the Oakland County Sewage Disposal System (White Lake Township
Extensions -- Union Lake Road Improvements) as described in the Contract (the
"Project"), said bonds to be secured by the contractual obligation of the
Township 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 a series
of bonds be issued to defray part of the cost of the Project as requested by a
resolution adopted by the Township Board of the Township on April 25, 1995.
THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County,
Michigan, as follows:
A. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County aggregating
the principal sum of Seven Hundred Twenty-Five Thousand Dollars ($725,000)
shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying part of the cost
of acquiring and constructing the Project.
2. BOND DETAILS. The bonds shall be designated "Oakland County Sewage
Disposal System (White Lake Township) Bonds, Series 1995A"; shall be dated
July 1, 1995; 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, 1996, 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 AMOUNT YEAR AMOUNT
1997 $10,000 2007 $35,000
1998 15,000 2008 40,000
1999 15,000 2009 40,000
2000 20,000 2010 45,000
2001 25,000 2011 50,000
2002 25,000 2012 50,000
2003 30,000 2013 50,000
2004 30,000 2014 55,000
2005 35,000 2015 60,000
2006 35,000 2016 60,000
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
Commissioners Minutes Continued. May 25, 1995
227
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 be subject to redemption prior to
maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
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 that shall be a bank or trust company located in the State
of Michigan that is qualified to act in such capacity under the laws of the
United States of 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,
Commissioners Minutes Continued. May 25, 1995
228
charge, expense, judgment or liability incurred by it, acting in good faith and
without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of 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 that 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 SYSTEM
(WHITE LAKE TOWNSHIP) BONDS, SERIES 1995A
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
July 1, 1995
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, 1996. 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
Seven Hundred Twenty-Five Thousand Dollars ($725,000) 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 Oakland County Sewage Disposal System (White
Lake Township Extensions -- Union Lake Road Improvements) (the "Project"). The
bonds of this series are issued in anticipation of payments to be made by the
Charter Township of White Lake (the "Township") in the aggregate principal
amount of Seven Hundred Twenty-Five Thousand ($725,000) pursuant to a contract
between the County and the Township dated as of August 1, 1992 (the
"Contract"). The full faith and credit of the Township 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 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 Township to pay the principal of and interest on the bonds of
this series are subject to constitutional tax limitations.
Commissioners Minutes Continued. May 25, 1995
229
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 that have been selected for redemption.
Bonds maturing prior to May 1, 2005, are not subject to redemption prior
to maturity. Bonds maturing on and after May 1, 2005, are subject to
redemption prior to maturity at the option of the County, in such order as
shall be determined by the County, on any one or more interest payment dates on
and after May 1, 2004. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the
bonds or portions of bonds to be redeemed shall be selected by lot. The
redemption price shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
1/2% of the principal amount of each bond if called for redemption
on or after May 1, 2004, but prior to May 1, 2009;
No premium if called for redemption on or after May 1, 2009.
Not less than thirty days' notice of redemption shall be given to the
registered owners of bonds called to be redeemed by mail to each registered
owner at the registered address. Bonds or portions of bonds called for
redemption shall not bear interest on and after the date fixed for redemption,
provided funds are on hand with the bond registrar and paying agent to redeem
the same.
It is hereby certified, recited and declared that all acts, conditions
and things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of 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.
Commissioners Minutes Continued. May 25, 1995
230
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
__________________________________________________ (please print or type name,
address and taxpayer identification number of transferee) the within bond and
all rights thereunder and does hereby irrevocably constitute and appoint
_________________________________________________________________ attorney to
transfer the within bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated: _______________ _______________________________
Signature Guaranteed _______________________________
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature
guarantee program.
9. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the Township pursuant to the Contract. The bonds shall be secured
primarily by the full faith and credit pledge made by the Township in the
Contract pursuant to the authorization contained in Act 342. As additional and
secondary security the full faith and credit of the Township are pledged for
the prompt payment of the principal of and interest on the bonds as the same
shall become due. If the Township shall fail to make payments to the County
that 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 that 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 Township pursuant to the Contract 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 satisfactory evidence that the bond has
been lost, apparently destroyed or wrongfully taken and of security or
indemnity that 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
Commissioners Minutes Continued. May 25, 1995
231
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 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 Seven Hundred Twenty-Five Thousand Dollars ($725,000), 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 99% 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.
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 gross income for federal
income tax purposes.
18. EXTENSION OF CONTRACT. If the bonds are issued on or before
August 1, 1995, the termination date of the Contract set forth in section 12
thereof shall be extended to August 1, 1996.
19. 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. #95158)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
Commissioners Minutes Continued. May 25, 1995
232
DEFRAY PART OF THE COST OF SEWAGE DISPOSAL IMPROVEMENTS TO THE OAKLAND COUNTY
SEWAGE DISPOSAL SYSTEM (WHITE LAKE TOWNSHIP EXTENSIONS - UNION LAKE ROAD
IMPROVEMENTS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #95158 and finds:
1) Miscellaneous Resolution #92246 established sewage disposal
facilities known as the "Oakland County Sewage Disposal System
(White Lake Township Extensions - Union Lake Road Improvements) and
approved a contract between the County and the Township of White
Lake for the acquisition, construction and financing of the system.
2) The current resolution requests authorization for the issuance of
drain bonds to defray a portion of the cost of acquiring and
constructing the system with the County pledging full faith and
credit. The Township of White Lake is the primary obligor.
3) The principal amount of the bond issue is $725,000 at an interest
rate not to exceed 8% to be paid back within 20 years.
4) The statutory limit for County debt is $3,118,025,963 (10% of 1994
State Equalized Value). As of April 30, 1995, the outstanding debt
is $335,467,666 or approximately 1.1% of the S.E.V.
5) Of the total bond sale of $725,000, the County's apportionment is
0%.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Huntoon the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95159
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ACCEPTANCE OF A CONTRACT FOR THE DOCKAGE OF A
SHERIFF'S MARINE UNIT BOAT ON UNION LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Whereas the Sheriff's Marine unit patrols the several lakes of Oakland
County for the benefit of the protection and safety of the users of the lakes;
and
Whereas Union Lake is a busy lake patrolled almost daily; and
Whereas Aggressive Marine, through its President, Craig A. Stigleman, has
offered the Sheriff dockage for one boat at their facility on Union Lake at no
charge until September 30, 1995, according to the terms of the attached
contract; and
Whereas the Board of Commissioners' procedure for acceptance of a
gift/donation from private sources [Miscellaneous Resolution #83204] allows for
the administrative acceptance of a gift/donation with a value of $9,999.00 or
less; and
Whereas the value of the gift here offered is stated as $1,250.00; and
Whereas the acceptance of the gift requires the execution of a contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the gift of dockage from Aggressive Marine.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board
of Commissioners is authorized to execute the contract offered with Aggressive
Commissioners Minutes Continued. May 25, 1995
233
Marine.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Annual Storage and Dockage Contract and/or Winter Storage
Agreement on file in the County Clerk's office.
Moved by Obrecht supported by Dingeldey the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95160
BY: Public Services Committee, Lawrence C. Obrecht, Chairperson
IN RE: MICHIGAN STATE UNIVERSITY COOPERATIVE EXTENSION DIVISION - EPA WASTE
WISE AND WASTE RESOURCE PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State University Cooperative Extension Division
applied for funds from the Federal Environmental Protection Agency (EPA) for
the promotion of the Waste Wise Program in Oakland County enhancing larger
business participation in waste prevention, recycling, collection and buying or
manufacturing recycled products; and
WHEREAS the Michigan State University Cooperative Extension Division
along with the Solid Waste Coordinator acknowledge the need for survey research
and data collection as part of Public Act 641 planning as associated public
information and education which closely aligns with the waste reduction
activities of the proposed programming; and
WHEREAS Michigan State University has acknowledged the need for public
education on waste resource issues and related programming and research
supplemental funding; and
WHEREAS the total program cost is $52,215 as detailed on the attached
Schedule; and
WHEREAS the Michigan State University Cooperative Division requested
funding from the Federal Environmental Protection Agency (EPA) in the amount of
$25,000; and
WHEREAS the Federal Environmental Protection Agency (EPA) has granted the
Michigan State University Cooperative Extension Division funding in the amount
of $25,000 (same as the application) for the period of April 1, 1995 through
March 31, 1996 to be used towards this program; and
WHEREAS additional funding in the amount of $17,465 is requested from the
County's general fund to fulfill the County 641 planning and public education
components needed to complement the Waste Wise programming as a total effort;
and
WHEREAS the program is also expected to receive an additional $5,750
through fees charged to each participant in the program to help offset
expenses; and
WHEREAS no additional personnel has been requested with this project,
however the project does include a contract agreement with Michigan State
University Cooperative Division and Michigan State University for an Extension
Education-Waste Resources position to serve as a project leader for the
program, with Michigan State University providing $4,000 towards the cost of
this agreement; and
WHEREAS continuation of the Waste Wise Program will be contingent upon
continued grant funding; and
WHEREAS acceptance of funding from the Environmental Protection Agency
Commissioners Minutes Continued. May 25, 1995
234
(EPA) and Michigan State University for the Project Leader position does not
obligate the County to any future commitment; and
WHEREAS the Grant Agreement has been reviewed and approved by the
County's Executive Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts funding from the Federal Environmental Protection Agency
for the Oakland County Waste Wise Program in the amount of $25,000 for the
period of April 1, 1995 through March 31, 1996.
BE IT FURTHER RESOLVED that the County also provide additional funding in
the amount of $17,465 to fulfill the County 641 planning and public education.
BE IT FURTHER RESOLVED that future level of service, including personnel,
will be contingent upon the level of funding available from the EPA for this
program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the grant agreement and to approve amendments and
extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of EPA Wastewise and Waste Resource Program Schedule on file in the
County Clerk's office.
FISCAL NOTE (Misc. #95160)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: MICHIGAN STATE UNIVERSITY COOPERATIVE EXTENSION DIVISION - EPA WASTE
WISE AND WASTE RESOURCE PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of the Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95160 and finds:
1) The Michigan State University Cooperative Extension Division
applied for funds from the Federal Environment Protection Agency
(EPA) for the promotion of the Waste Wise Program in Oakland
County, enhancing larger business participation in waste
prevention, recycling, collection and buying or manufacturing
recycled products.
2) As part of this program, there is a need for survey research and
data collection as part of Public Act 641 planning as associated
public information and education which closely aligns with the
waste reduction activities of the proposed programming.
3) The total cost of this program is $52,215 as detailed on the
attached Schedule.
4) The Environmental Protection Agency (EPA) has awarded the Michigan
State University Cooperative Extension Division $25,000 towards
this program for the period of April 1, 1995 through March 31,
1996.
5) Michigan State University has also committed $4,000 as an in-kind
match to help offset the cost of a Project Leader, which is
currently under contract with Michigan State University and
Michigan State University Cooperative Extension Division.
6) The program anticipates additional funding of $5,750 through fees
charged to each participant in the program.
7) To fulfill the County 641 planning and public education portion of
the program, the MSU Cooperative Extension Division has requested
an additional $17,465 from the County's General Fund.
8) The following amendment is recommended to the 1995 Adopted Budget:
GENERAL FUND:
4-10100-909-01-00-9900 Contingency ($17,465)
4-10100-175-01-00-3380 Grant Match 17,465
Total $ -0-
Commissioners Minutes Continued. May 25, 1995
235
REVENUE:
3-27570-175-01-00-2168 Grants $25,000
3-27570-175-01-00-2185 Grant Revenue 17,465
3-27570-175-01-00-2186 Grant - Fees & Collect. 5,750
Total $48,215
EXPENDITURE:
4-27570-175-01-00-3128 Professional Services $35,530
4-27570-175-01-00-3278 Communications 570
4-27570-175-01-00-3574 Personal Mileage 1,600
4-27570-175-01-00-3582 Printing 800
4-27570-175-01-00-3658 Rent 800
4-27570-175-01-00-3790 Workshop & Meetings 7,115
4-27570-175-01-00-4898 Office Supplies 800
4-27570-175-01-00-4909 Postage 1,000
Total $48,215
$ -0-
FINANCE AND PERSONNEL COMMITTEE
Copy of attached schedules on file in the County Clerk's office.
Moved by Obrecht supported by McPherson the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95148
By: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: 52ND DISTRICT COURT/DIVISION III - CREATION OF ONE (1) PART-TIME NON-
ELIGIBLE PROBATION OFFICER III POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the caseload of the Probation Unit at the 52nd District Court-
Division III in Rochester Hills has steadily increased in recent years; and
WHEREAS the District Court reports that each Probation Officer in
Division III currently supervises about 468 probationers; and
WHEREAS the Probation Unit contracts professionals to perform alcohol
assessment reports and pre-sentence investigations; and
WHEREAS the Court proposes to create a part-time Probation Officer III
position to perform these alcohol assessment reports and pre-sentence
investigations and carry a caseload of probationers; and
WHEREAS the cost of the position would be offset by a decrease in the
amount paid to outside contractors performing alcohol assessment reports and
pre-sentence investigations, an increase in probationary oversight expense and
an increase in report fees charged per defendant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of one (1) governmental part-time non-
eligible Probation Officer III position funded at 1000 hrs/yr in the 52nd
District Court-Division III.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #95148)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: DISTRICT COURT 52/3 - CREATION OF ONE (1) PTNE PROBATION OFFICER III
POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. May 25, 1995
236
Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #95148 and finds:
1) The 52nd District Court 3rd Division has requested the creation of
one (1) PTNE 1000 hour Probation Officer III position, to decrease
the average workload of existing Probation Officers.
2) Position cost will be offset by a decrease in use of outside
contractors, an increase in probationary fees, and through revenues
generated from OUIL Cost Recovery Ordinances.
3) The 1995 budget should be amended as specified below, to provide
the 52nd District Court 3rd Division with one (1) PTNE Probation
Officer III position funded at 1000 hrs/yr.
District Court Revenue
3-10100-324-01-00-2024 Assessment & Evaluation $ 6,200
3-10100-324-01-00-2340 Miscellaneous 3,750
3-10100-324-01-00-2413 Probation Oversight 2,250
$12,200
District Court Expense
4-10100-324-05-00-3728 Trng. & Psych & Med ($ 7,875)
4-10100-324-05-00-1001 Salaries 8,185
4-10100-324-05-00-2070 Fringe Benefits 900
1,210
Non-Departmental
4-10100-909-01-00-9900 Contingency 10,990
$ 0
FINANCE AND PERSONNEL COMMITTEE
Moved by Obrecht supported by Powers the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #95145
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1995 MARINE SAFETY PROGRAM REIMBURSEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the annual request of the Department of Natural
Resources, the Sheriff Department requested reimbursement of $679,593.20 in
estimated authorized expenditures for the 1995 Marine Safety Program; and
WHEREAS the Department of Natural Resources has notified the Sheriff that
$193,918 has been authorized for reimbursement of these expenditures in 1995;
and
WHEREAS the Marine Safety Program is budgeted as a governmental funded
activity in 1995, any reimbursement received by the state is used to offset the
County cost.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the 1995 Marine Safety Program reimbursement from the
Michigan Department of Natural Resources in the amount of $193,918.
BE IT FURTHER RESOLVED that the Chairperson is authorized to execute the
reimbursement agreement and to approve changes and extensions, within fifteen
(15) percent variance, which are consistent with the original award.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. May 25, 1995
237
FISCAL NOTE (Misc. #95145)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1995 MARINE SAFETY PROGRAM REIMBURSEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95145 and finds:
1. The Michigan Department of Natural Resources (DNR) has notified the
Sheriff that $193,918 in estimated 1995 Marine Safety Program
expenditures have been authorized for reimbursement.
2. The Marine Safety Program is budgeted as a governmental operation,
reimbursement from the DNR is credited to the general fund.
3. The 1995 budget includes an estimated $200,000 in Marine Safety
reimbursement, should no other funding be forthcoming from the DNR,
the revenue line-item would fall $6,082 short.
4. Due to uncertainty in the funding source, no budget amendments are
recommended at this time.
FINANCE AND PERSONNEL COMMITTEE
Moved by Obrecht supported by Dingeldey the resolution be adopted.
AYES: Kingzett, Law, McPherson, Moffitt, Obrecht, Palmer, Pernick,
Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #95146)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF
TWENTY-SIX (26) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution, recommends its adoption with the following amendments:
1. Add the following paragraphs before the "BE IT FURTHER RESOLVED"
paragraph:
"WHEREAS of additional inmate housing is a temporary solution
to an immediate problem, there are larger questions to be answered
concerning the operations of the entire criminal justice system in
Oakland County particularly as it relates to the problem of jail
overcrowding; and
WHEREAS current resources, allocated to divert individuals
from the jail, have not been used to the maximum extent,
contributing, in part, to the current overcrowding, specifically
the under utilization of Community Correction's Probation
Residential Centers which may result in the return of $.5 million
to the state, as well as the underutilization of the Sheriff's boot
camp; and
WHEREAS the prudent use of taxpayer dollars requires that
before further jail expansion is considered, the elected officials
and departments who participate in the criminal justice system
study the current system to develop a strategic plan utilizing the
current resources to the maximum extent possible, reducing Oakland
County's future dependence on jail facilitates; and
WHEREAS such a study should include, at minimum:
- research into the development of a computerized
integrated justice system through the assistance of the
National Center for State Courts,
- discussions with all courts in the County,
Commissioners Minutes Continued. May 25, 1995
238
particularly the 50th District Court in Pontiac,
encouraging them to utilize the County's Community
Corrections Programs and services,
- a study of the sentencing patterns used in the County
providing judges with vital information to develop
consistent sentencing and encourage the use of
Community Corrections Programs and alternative
sentencing practices such as boot camp,
- review of the County's physical plant to be certain
that jail space is used in the most effective manner,
including the possibility of new construction,
- a study as to the effect on the general jail
population of the housing of local ordinance violators
and other non-violent offenders; and
WHEREAS the Community Corrections Advisory Board (CCAB),
which is charged with coordinating jail diversion and alternative
sentencing programs should be involved in such a study; and
WHEREAS since the scope of this study is beyond the charge of
the CCAB, and since the Termination Agreement entered on the County
as a result of past jail overcrowding required the County to
maintain a jail use planning committee, the Board of Commissioners
should formally establish a Jail Task Force (JTF) to work with the
CCAB in conducting the study and continue as the jail use planning
committee; and
WHEREAS the use of outside experts, independent of the
Oakland County criminal justice system, to assist the CCAB/JTF
study committee, in gathering necessary information and obtaining
independent suggestions is recommended; and
WHEREAS the CCAB has some funds available to contract for
this service; and
WHEREAS the Department of Information Technology is
investigating data processing requirements for the new facility and
will report back to the Finance and Personnel Committee regarding
equipment recommendations."
2. Add the following after the final "BE IT FURTHER RESOLVED"
paragraph:
"BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners establish a Jail Task Force (JTF) consisting of the
following members:
Chief Judge of the 6th Judicial Circuit Court (or designee)
Chief Judge of the 52nd District Court (or designee)
Oakland County Sheriff (or designee)
Oakland County Prosecuting Attorney (or designee)
Member of Board of Commissioners' Public Services Committee
Member of Board of Commissioners' Planning and Building
Committee
Member of Board of Commissioners' Finance and Personnel
Committee
Director of the Department of Management and Budget (or
designee)
Director of the Department of Facilities Management (or
designee)
Director of the Department of Personnel (or designee)
Chief Probation Officer - Oakland County Circuit Court
Probation
BE IT FURTHER RESOLVED that the appointments shall be made by
the Chairperson of the Board of Commissioners.
BE IT FURTHER RESOLVED that the Board of Commissioners
charges the Community Corrections Advisory Board (CCAB) and the
Jail Task Force (JTF) with forming a joint committee to conduct a
Commissioners Minutes Continued. May 25, 1995
239
study of the Criminal Justice System in Oakland County at minimum
covering the areas of concern listed above in this
resolution, and that the joint committee provide the Board of
Commissioners and the County Executive with recommendations as to
systematic changes that can be implemented to reduced County
dependence on the main jail.
BE IT FURTHER RESOLVED that the joint committee is authorized
to utilize CCAB resources to contract with outside experts, through
the established Purchasing Practices, to conduct a portion or all
of the required study.
BE IT FURTHER RESOLVED that those elected officials and
departments participating in the joint committee provide the
committee with the information it requires to develop a thorough
study including, but not limited to:
- number of inmates in the jail system by location
(simplification of jail track system);
- identification of inmates by charge and district court;
- length of sentence;
- remaining time to be served;
- notification of release by District Court.
BE IT FURTHER RESOLVED that the joint study be completed and
reported back to the Board of Commissioners before further jail
expansion is initiated."
Chairperson, on behalf of the Finance and Personnel Committee, I move
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
REPORT (Misc. #95146)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: SHERIFF - INMATE HOUSING AND THE CREATION OF TWENTY-SIX (26) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
Public Services Committee resolution on May 2, 1995, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #95146
By: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF
TWENTY-SIX (26) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Jail, including satellite facilities, has been
at capacity for over a year with new inmates being committed on a daily basis;
and
WHEREAS the Sheriff is already utilizing approximately 130 beds in other
County facilities to keep the Oakland County Jail system within rated capacity,
there is little opportunity to expand the use of out-County facilities; and
WHEREAS the crowded conditions in the jail have led to the filing of a
number of lawsuits and increased the danger of a jail emergency having to be
declared; and
WHEREAS efforts have begun to reduce the jail population including
expansion of community corrections programs, however, these efforts will not
provide significant jail population reduction in the near term; and
WHEREAS the Department of Facilities Management is soliciting architects
to design a permanent structure increasing available jail beds, however should
a new structure be recommended actual occupancy will be several years away; and
WHEREAS the Sheriff has requested the construction or lease of structures
Commissioners Minutes Continued. May 25, 1995
240
to provide increased inmate housing to meet the immediate need while
alternatives are reviewed and discussed; and
WHEREAS to meet this immediate need, the Department of Facilities
Management recommends that a work project be created to erect two masonry block
buildings at the Trusty Camp, housing 200 inmates in total, estimated work site
and construction cost equals $1,348,000 including a 15% contingency; and
WHEREAS the new structures will also include facilities for a Trusty Camp
laundry; and
WHEREAS both in-house staff and outside contractors will be utilized to
perform project work activities; and
WHEREAS in order to erect theses structures in a timely manner, the
Director of Facilities Management, or his designee, will function as the
construction manager for this project and will work with the Purchasing
Division to obtain the necessary services and materials; and
WHEREAS the Sheriff requires 26 positions to staff these facilities on a
24 hour, 7 day a week basis including one (1) Sergeant, eleven (11) Deputy II,
twelve (12) Deputy I, one (1) Clerk III positions and one (1) Inmate
Caseworker; and
WHEREAS five (5) Deputy II and five (5) Deputy I positions can be used
immediately to cover inmates housed at "D Building", which is currently being
covered by overtime, these positions can be transferred over to the new
structures once they open; and
WHEREAS the remaining positions would begin 30 days before the scheduled
opening of the new structures; and
WHEREAS annual operating cost are estimated to be $1.9 million; and
WHEREAS funds are available in the non-departmental account entitled
"Reserve for Future Jail Operations" and in the 1995 Capital Improvement
Program to cover the construction and capital cost, as well as operating cost
for the balance of 1995.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the construction of two masonry block buildings at the
Trusty Camp to increase inmate housing.
BE IT FURTHER RESOLVED that a work project be created in the amount of
$1,348,000 to provide for the required site work and construction.
BE IT FURTHER RESOLVED that the following full time eligible,
governmental
funded positions be created in the Sheriff's Department, Corrective Services
Satellite Division, in a new unit entitled "Pre-Trial Housing" (#434-10):
one (1) Sergeant
eleven (11) Deputy II
twelve (12) Deputy I
one (1) Clerk III
one (1) Inmate Caseworker
BE IT FURTHER RESOLVED that five (5) Deputy II and five (5) Deputy I
positions are authorized to begin immediately, the remaining positions will
begin 30 days prior to scheduled occupancy.
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #95146)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: SHERIFF'S DEPARTMENT - ADDITIONAL INMATE HOUSING AND THE CREATION OF
TWENTY-SIX (26) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95146 and finds:
Commissioners Minutes Continued. May 25, 1995
241
1. In order to meet an immediate need for additional inmate housing,
the Department of Facilities Management recommends the construction
of two (2) buildings on the Trusty Camp ground, holding 100 inmates
each.
2. One-time costs including construction and purchase of capital
equipment equals $1,662,026 as detailed on the attached schedule.
3. In order to properly staff the new facilities, the Personnel
Department recommend twenty-six (26) new positions be created,
including one (1) Sergeant, eleven (11) Deputy II, twelve (12)
Deputy I, one (1) Clerk III and one (1) Inmate Caseworker.
4. Five (5) Deputy II and five (5) Deputy I positions are recommended
for immediate creation to staff the "D Building" operation, which
is currently operating on an overtime basis. These ten (10)
positions would be transferred to the new facilities as they are
occupied.
5. The remaining positions will be fill approximately thirty (30) days
prior to occupancy of the new facilities.
6. Operating cost for the balance of 1995 equals $704,618, operating
cost for 1996 are estimated to be $1,883,926.
7. Funds are available in the non-departmental account entitled
"Reserve for Future Jail Operations" and in the 1995 Capital
Improvement Program to fund the one-time cost and 1995 operating
cost. Operating cost for 1996 will be incorporated into the
1996/1997 Biennial Budget Recommendation.
8. The 1995 Budget should be amended, as specified below, to cover the
cost of the additional inmate housing:
Expenditures
4-10100-909-01-00-3080 Future Jail Operations ($1,986,644)
4-10100-434-10-00-1001 Salaries 303,700
4-10100-434-10-00-1002 Overtime 54,928
4-10100-434-10-00-2070 Fringe Benefits 169,011
4-10100-432-01-00-3774 Uniform Replacement 12,624
4-10100-439-10-00-4820 Deputy Supplies 11,668
4-10100-431-01-00-6735 Liability Insurance 21,189
4-10100-434-10-00-6310 Building Space 26,875
4-10100-434-10-00-6331 Housekeeping Supplies 19,981
4-10100-434-10-00-3452 Laundry and Cleaning 5,213
4-10100-434-10-00-6610 Leased Vehicles 3,848
4-10100-433-35-00-3128 Food Services 75,581
4-10100-434-10-00-5665 Equity Trns. Vehicles 13,100
4-10100-434-10-00-8404 Work Project 1,218,000
4-10100-434-10-00-9998 Capital Outlay 50,926
$ 0
9. The $380,000 budgeted in the 1995 Capital Improvement Program be
used to cover the balance of the construction cost on this project.
FINANCE AND PERSONNEL COMMITTEE
Copy of schedule on file in the County Clerk's office.
Moved by Obrecht supported by Powers the Finance and Personnel and
Planning and Building Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Obrecht supported by Powers the resolution be adopted.
Moved by Obrecht supported by Powers the resolution be amended to
coincide with the Finance and Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Kingzett supported by Obrecht the resolution be amended, as
Commissioners Minutes Continued. May 25, 1995
242
follows:
• in the title, change the word "ADDITIONAL" to read "TEMPORARY"; and
• in the NOW THEREFORE BE IT RESOLVED paragraph, change the words "to
increase" to read "as temporary".
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Moved by Jacobs supported by Pernick to table the resolution.
The Chairperson stated a "YES" vote would table the resolution; a "NO"
vote would not.
AYES: Pernick, Quarles, Holbert, Jacobs, Kaczmar, Kingzett. (6)
NAYS: Law, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen,
Johnson. (18)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Vote on resolution, as amended:
AYES: McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kaczmar, Law. (19)
NAYS: Pernick, Quarles, Holbert, Jacobs, Kingzett. (5)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #95161
BY: Commissioners Shelley Taub, District #12; Fran Amos, District #5
IN RE: (OPPOSE) SB525 - REVISION OF THE MICHIGAN MENTAL HEALTH CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS SB525, Revisions to the Michigan Mental Health Code, has been
introduced and referred to the Senate Committee on Families, Mental Health and
Human Services; and
WHEREAS it is the Counties who administer and deliver the mental health
services to the Citizens of this State, and it is the Counties of Michigan,
through their Boards of Commissioners, which have the most intimate knowledge
of those areas of the Mental Health Code which need revision; and
WHEREAS on behalf of the Counties of Michigan, the Michigan Association
of Counties has worked for several years to insure that changes to the Mental
Health Code would recognize and correct deficiencies in the statute, and has
proposed amendments to SB525 which would improve the Counties' financial
ability to provide mental health services by allowing a 5% carry forward of
State funds, and would protect counties from assuming additional liability, and
would reinstate the Counties budgetary oversight commensurate with the
responsibilities of full management; and
WHEREAS this legislation, as drafted by the Department of Mental Health
and as presently before the legislature, does not include the amendments which
were
proposed by the Michigan Association of Counties and endorsed by this Board of
Commissioners by the adoption of Resolution #95150.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby express its opposition to SB525 in its present form,
Commissioners Minutes Continued. May 25, 1995
243
and directs that copies of this resolution be sent to all Oakland County
Legislators, the Oakland County Community Mental Health Board, the Michigan
Association of Counties and Oakland County's legislative liaison personnel.
Chairperson, I move the adoption of the foregoing resolution.
Shelley Taub, Fran Amos
The Chairperson referred the resolution to the General Government and
Health and Human Services Committees. There were no objections.
MISCELLANEOUS RESOLUTION #95162
BY: Commissioner John Garfield
IN RE: (OPPOSE) SB256 AND SB257 - REVISION TO SOLDIERS RELIEF COMMISSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 214 of 1899 mandates that each county in Michigan have
a Soldiers Relief Commission; and
WHEREAS presently the Soldiers Relief Commissions are required to
annually submit a report of expenditures and activities to their respective
Board of Commissioners; and
WHEREAS Senate Bill 256 proposes that Public Act 214 of 1899 be amended
to require the annual report also be sent to the Board of Trustees of the
Michigan Veterans Trust Fund, a State agency, and its companion bill, SB257,
changes the reporting standards and criteria; and
WHEREAS there is no State funding for this change in the mandates upon
the counties.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners for the County of
Oakland opposes the passage of SB256 and SB257, as unfunded mandates.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
Oakland County legislators, the Michigan Association of Counties, and Oakland
County's legislative liaison personnel.
Chairperson, I move the adoption of the foregoing resolution.
John P. Garfield, Lawrence Obrecht,
Dennis Powers
The Chairperson referred the resolution to the General Government and
Finance and Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95163
BY: Sue Ann Douglas, County Commissioner, District #8; Ruth Johnson, County
Commissioner, District #1
IN RE: MANDATORY REGIONAL PLANNING APPROACH FOR SOLID WASTE MANAGEMENT
PLANNING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Natural Resources has proposed major
conceptual revisions to the Solid Waste Management Planning Program under Act
641 of 1978 as amended (the Solid Waste Management Act); and
WHEREAS these proposals, broadly labeled the "Mandatory Regional Planning
Approach for Solid Waste Management Planning", call for basic planning
boundaries which encompass numerous counties into several large regions
throughout the State for the purpose of landfill planning and use, such
boundaries basically defining free market areas within which all would have
access to all willing landfill facilities; and
WHEREAS host community agreements would be required for new landfill
sitings and/or expansions of existing landfills and simply the existence of
such a document as well as a facility proposal which met all of Act 641's
requirements would be the only prerequisites necessary to allow the landfill
proposal to proceed; and
WHEREAS as long as a region contained more than 66 months of disposal
capacity, as determined by a state compilation of each county's required annual
Commissioners Minutes Continued. May 25, 1995
244
capacity certifications, forced sitings of new facilities and/or expansions
would not be necessary; and
WHEREAS in the event that a region's disposal capacity fell below 66
months, a single, uniform state-wide Interim Siting Mechanism for landfills
would then be operative throughout the region; and
WHEREAS individual counties retain the right to develop Solid Waste
Management Plans for all other elements of the planning process, although a
single, region-wide planning committee and process is encouraged; and
WHEREAS specific legislation is being prepared for introduction on these
proposed major revisions, which is anticipated to be introduced immediately
after Congress has settled national issues pertaining to flow control and
inter-state flows of waste issues; and
WHEREAS it is important that Oakland County's position on the proposals
be known by all involved in Michigan's legislative process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners herewith lends its support to the basic concepts presented by
MDNR staff to the Environmental Policy Committee of the Natural Resources
Commission on January 23, 1995, with the following caveats . . . .
A. Adjacent communities immediately contiguous to the proposed host
community and host counties should be involved in the host
community agreement process;
B. The defined regions should be established by the Legislature, not
by the MDNR rule making process;
C. If a regional falls below the minimum 66 months of disposal
capacity availability and the Interim Siting Mechanism process
becomes operative region-wide, counties which contain more than 10
years of disposal capacity should not be required to become open
for forced sitings of new facilities, only for expansions of
existing facilities.
Chairperson, we move the adoption of the foregoing resolution.
Sue Ann Douglas, Ruth A. Johnson,
Dennis N. Powers
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
Moved by Moffitt supported by Law to reconsider Resolution #95155, Award
of Professional Services Contract for Government Relations Consulting Firm.
Discussion followed.
The Chairperson stated a "YES" vote would bring the resolution before the
Board; a "NO" vote would not.
AYES: Moffitt, Pernick, Powers, Wolf, Holbert, Jacobs, Jensen, Kaczmar,
Kingzett, Law, McPherson. (11)
NAYS: Obrecht, Palmer, Quarles, Schmid, Taub, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Huntoon, Johnson. (13)
A sufficient majority not having voted therefor, the motion to reconsider
failed.
In accordance with Rule XXII, the Chairperson made the following
referrals:
General Government
a. SMART - Resolution Regarding Municipal Credits
b. Macomb County Bd. of Comm. - Encouraging the Rapid Passage of the
Intent of Senate Bill 444
c. MAC-HB 4424, State Police Appropriations Budget
Health and Human Services
a. Constance Chiodini - Building Security/196 Oakland Ave.
Commissioners Minutes Continued. May 25, 1995
245
Planning and Building
a. Constance Chiodini - Building Security/196 Oakland Ave.
There were no objections to the referrals.
The meeting adjourned at 11:47 A.M. to the call of the Chair, or
June 8, 1995 at 9:30 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson