HomeMy WebLinkAboutMinutes - 1995.08.17 - 8194
330
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
August 17, 1995
Meeting called to order by Chairperson Larry Crake at 9:45
A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road,
Pontiac, Michigan.
Roll called.
PRESENT: 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 Thomas Law.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Jacobs the minutes of the August
3, 1995 Board meeting be approved.
A sufficient majority having voted therefor, the minutes
were approved, as printed.
Moved by Wolf supported by Jacobs the rules be suspended and
the agenda amended, as follows:
ITEM NOT ON PRINTED AGENDA
HEALTH AND HUMAN SERVICES:
d. Miscellaneous Resolution #95205, Human Services
Department/Community Mental - (Support) Amendment to SB525 -
Mental Health Code (Conflict of Interest)
(Reason for suspension: Waiver of Rule III. Agenda Items, 5-
day-rule. Finance Committee meeting held immediately prior to
August 17, 1995 Board Meeting.)
The Chairperson stated that Agenda item d., #95199, Human
Services Department/Health Division - Amendment to the Oakland
County Sanitary Code, Article II, Section 4.1 (Sandfilters), is
deleted; Miscellaneous Resolution #95205 becomes the new item d.
Commissioners Minutes Continued. August 17, 1995
331
Vote on suspension of rules:
AYES: Amos, Crake, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to
suspend the rules and amend the agenda carried.
Gail Chechlowski addressed the Board about Senior Power Day.
Chairperson Larry Crake presented a plaque to Lillian Jaffe
Oaks, commemorating her years as a County Commissioner.
REPORT (Misc. #95214)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: AWARD OF CONTRACT FOR THE WEST OAKLAND OFFICE BUILDING
RENOVATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced resolution on July 18, 1995, reports with the
recommendation that the contract be awarded to Pontiac Ceiling
and Partition Co. Inc., of Pontiac, Michigan, in the amount of
$952,066 for a total project cost of $1,160,000.
Chairperson, on behalf of the Planning and Building
Committee, I move the acceptance of the foregoing report.
PLANNING AND BUILDING
COMMITTEE
MISCELLANEOUS RESOLUTION #95214
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: FACILITIES MANAGEMENT - FACILITIES ENGINEERING DIVISION -
AWARD OF CONTRACT - WEST OAKLAND OFFICE BUILDING AND SITE
RENOVATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #95175, dated June 8,
1995, the Board of Commissioners authorized the County
Executive's Facilities Engineering Division to advertise and
receive bids for renovation of the West Oakland Office Building
and site; and
WHEREAS in accordance with bidding procedures, bids for this
project were received and opened on Thursday, June 15, 1995; and
WHEREAS the County Executive's Department of Facilities
Management has reviewed all bids submitted and recommends that
the lowest responsible bidder, Pontiac Ceiling and Partition Co.,
Inc., Pontiac, Michigan, be awarded a contract in the amount of
$952,066; and
Commissioners Minutes Continued. August 17, 1995
332
WHEREAS the total project cost for the renovations to the
West Oakland Office Building and site is estimated to be
$1,160,000; and
WHEREAS funding in the amount of $1,019,000 for the project
was included in the 1995 Capital Improvement Program; and
WHEREAS additional funds in the amount of $240,587 remain
from the sale of the Social Services Building and are available
in the Capital Improvement Fund.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1) The Oakland County Board of Commissioners authorizes
the transfer of $360,000 from the Capital Improvement Program
Fund #40100 to the Project Work Order Fund #40400 to establish
the West Oakland Office Building Renovation project.
2) The Oakland County Board of Commissioners authorizes
the transfer of $800,000 from the General Fund #10100 to the
Project Work Order Fund #40400.
3) The 1995 Budget is amended as follows:
4-10100-902-01-00-9916 Future Space Requirements
(800,000)
4-10100-902-01-00-8404 Project Work Orders
800,000
0
4) The contract proposal of Pontiac Ceiling and Partition
Co., Inc., Pontiac, Michigan, in the amount of $952,066 be
accepted and the contract awarded in concurrence with Planning
and Building Committee recommendations.
5) Funds be provided in the amount of $207,934 to cover
the remaining project costs including Contingency.
6) The Chairperson of the Board of Commissioners is hereby
authorized and directed to execute a contract with Pontiac
Ceiling and Partition Co., Inc., on behalf of the County of
Oakland.
7) The County Executive's Department of Facilities
Management, Facilities Engineering Division, shall notify the
selected vendor of this award, in writing, no later than 10 days
after adoption of this resolution. The award will not be
effective until the selected vendor has been notified.
Chairperson, on behalf of the Finance and Personnel
Committee, I move the adoption of the foregoing resolution.
FINANCE AND PERSONNEL
COMMITTEE
Moved by McCulloch supported by Palmer the Planning and
Building Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Moved by McCulloch supported by Palmer the resolution be
adopted.
Commissioners Minutes Continued. August 17, 1995
333
AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Johnson, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos. (21)
NAYS: Kaczmar, Kingzett, Quarles. (3)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95215
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: PROSECUTING ATTORNEY - REQUEST TO USE FORFEITURE FUNDS TO
ACQUIRE CRIMINAL INVESTIGATION COMPUTER EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of Public Act 368 of 1978
authorizes courts to distribute property and funds forfeited
through narcotics seizures to participating agencies to be
utilized toward the enhancement of law enforcement efforts
relating to the Controlled Substance Abuse Act; and
WHEREAS the Courts have distributed to the County $69,308
(balance as of 6/30/95) as a result of the Prosecuting Attorney's
Office forfeiture efforts; and
WHEREAS the Oakland County Prosecuting Attorney's Office has
requested a portion of these funds be used for the purchase and
operation of software programs and other equipment for the
enhancement of their law enforcement drug efforts in compliance
with State law; and
WHEREAS the County Policy dictates that the Department of
Information Technology be the conduit for purchasing any computer
related equipment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners appropriates $10,910 from the Prosecuting
Attorney's Law Enforcement Enhancement Account (#1-10100-201-054)
and transfers same to the Prosecuting Attorney's Office 1995
Adopted Budget as follows:
General Fund:
3-10100-411-01-00-2340 Misc. Revenue $10,910
4-10100-411-01-00-6360 Information Technology -
Operations $10,910
Total $ -0-
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 Kaczmar the resolution be
adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Pernick, Powers, Quarles, Schmid,
Commissioners Minutes Continued. August 17, 1995
334
Taub, Wolf, Amos, Crake. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95216
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF
TEN VEHICLES FOR COMMUNITY MENTAL HEALTH CLIENT SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a
leased Vehicle Policy through Miscellaneous Resolution #93230
which was amended by Miscellaneous Resolution #94357; and
WHEREAS the policy requires that additional new vehicles
must be approved by the Board of Commissioners; and
WHEREAS a request for ten additional vehicles for the
Community Mental Health Division's new Client Services Management
program in the south quadrant of the County has been received;
and
WHEREAS the capital cost for the ten vehicles is $135,740,
and the operating costs for the vehicles have been included in
the Community Mental Health budget; and
WHEREAS the vehicles would be used as pool vehicles assigned
on a shift basis, with County seals; and
WHEREAS as required by policy, the County Executive's
Department of Central Services has reviewed the request and
determined the request is consistent with the County Policy on
the Assignment of Vehicles.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners authorizes the expansion of the County Fleet by
ten vehicles assigned to the Community Mental Health Division.
BE IT FURTHER RESOLVED that the Fiscal Year 1994/1995 Budget
be amended for the purchase of the ten vehicles as follows:
Community Mental Health:
Expenses:
4-22201-166-95-00-9950 Community Mental Health
($135,740)
4-22201-166-38-00-5665 Garage Leased Vehicles
$135,740
Total $ - 0 -
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 Schmid the resolution be
adopted.
Commissioners Minutes Continued. August 17, 1995
335
AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Powers, Quarles, Schmid,
Taub, Wolf, Amos, Crake, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95217
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - SECOND QUARTER
1995 DEVELOPMENT APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated
as a single appropriation within the Department of Information
Technology budget and then an amount equal to the actual expense
is transferred to the user department with a summary report to
the Finance and Personnel Committee; and
WHEREAS the Department of Information Technology has
determined the Second Quarter 1995 data processing development
charges to be $429,176 and the imaging development charge to be
$10,971 for the governmental fund County departments; and
WHEREAS direct charges to non-governmental fund departments
and non-County agencies are $682,428 for the Second Quarter 1995;
and
WHEREAS an appropriation transfer to governmental fund
County departments is needed to fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners has reviewed the Second Quarter 1995 Data
Processing Development and finds $429,176 in the 1995 Data
Processing Development budget (account #4-10100-181-01-00-6361)
for transfer to the appropriate user departments consistent with
the attached schedule.
BE IT FURTHER RESOLVED that $10,971 be transferred from the
Imaging Development budget (account #4-10100-181-01-00-6367) to
the Friend of the Court and Clerk's budget as detailed on the
attached schedule.
Chairperson, on behalf of the Finance and Personnel
Committee, I move the adoption of the foregoing resolution.
FINANCE AND PERSONNEL
COMMITTEE
Copy of attachment on file in County Clerk's office.
Moved by McCulloch supported by Quarles the resolution be
adopted.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Commissioners Minutes Continued. August 17, 1995
336
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf,
Amos, Crake, Devine. (24)
NAYS: Dingeldey. (1)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95218
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: 52ND DISTRICT COURT - CHANGE OF OVERTIME DESIGNATION FOR
DISTRICT COURT OFFICER/LAW CLERK CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the District Court has requested a review of the
overtime designation of the District Court Officer/Law Clerk
classification which is currently listed in the County Salary
Schedule as regular overtime; and
WHEREAS the District Court has requested that the overtime
designation be changed from regular overtime to no overtime; and
WHEREAS the District Court Officer/Law Clerks function
primarily as the individual Judge's Court Clerk and/or legal
research staff and are appointed by, and work directly for, the
Judge and serve at the Judge's pleasure; and
WHEREAS the Personnel Department has reviewed the Fair Labor
Standards Act and finds that the FLSA exempts persons from
overtime pay who are selected by an elected official "to be a
member of his personal staff" if such persons are not subject to
Civil Service laws, and serve solely at the pleasure of the
elected official; and
WHEREAS Department of Labor Regulations provide that "member
of personal staff" generally includes only persons who are under
the direct supervision of the selecting elected official and have
regular contact with such official; and
WHEREAS the District Court Officer/Law Clerk classification
meets this definition.
NOW THEREFORE BE IT RESOLVED that the classification of
District Court Officer/Law Clerk be changed in the County's
Salary Schedule from the "regular overtime" category to "no
overtime."
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 Garfield the resolution be
adopted.
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos,
Commissioners Minutes Continued. August 17, 1995
337
Crake, Devine, Dingeldey, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
REPORT (Misc. #95200)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - SUPPORT "PROJECT FOUNDING
FATHERS"
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government, having reviewed Miscellaneous
Resolution #95200 on August 7, 1995, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee,
I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #95200
BY: Dennis N. Powers, District #10
IN RE: BOARD OF COMMISSIONERS - SUPPORT "PROJECT FOUNDING
FATHERS"
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Project Founding Fathers is a non-profit
organization based in Highland, Michigan, whose goal is to place
a framed print of the signing of the United States Constitution,
accompanied by a plaque setting forth the Bill of Rights, in all
3,548 public schools in the state of Michigan; and
WHEREAS the purpose of this effort is to remind students of
the grievous cost of liberty and freedom and the enormous
sacrifices suffered by a great people in extricating themselves
from the bonds of tyranny imposed by an excessive, oppressive
government, and establishing in its stead a system of government
that was responsive to its citizens; a government of the people,
by the people and for the people; and
WHEREAS it is the sincere hope of Project Founding Fathers
that students will be renewed with the passion that our liberties
and freedoms, especially the right to vote, must continue to be
vigorously embraced in order to preserve the legacy of our
Founding Fathers for future generations of Americans; and
WHEREAS Project Founding Fathers has been received
enthusiastically by the Superintendent of Public Instruction and
is supported by citizens throughout the state of Michigan, many
local school superintendents, principals, elected officials, and
representatives of the business community; and
WHEREAS all costs associated with this endeavor will be
raised entirely through private donations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners hereby declares its support for Project Founding
Fathers in its efforts to provide each public school in Michigan
Commissioners Minutes Continued. August 17, 1995
338
with a framed print of the signing of the United States
Constitution and a plaque containing the Bill of Rights.
BE IT FURTHER RESOLVED that a copy of this resolution be
submitted to the Michigan Legislature, the Governor and the State
Board of Education.
Chairperson, I move the adoption of the foregoing
resolution.
Dennis N. Powers, David L.
Moffitt,
Thomas A. Law, John P.
Garfield,
Fran Amos, Larry Obrecht,
Shelley Taub, Donald W.
Jensen,
Donn L. Wolf, Charles Palmer,
Dan Devine, Jr., Donna Huntoon
Moved by Schmid supported by Powers the General Government
Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Moved by Schmid supported by Powers the resolution be
adopted.
Moved by Powers supported by Obrecht the resolution be
amended throughout by inserting a colon (:) after the word
"Project", ie. "Project: Founding Fathers".
A sufficient majority having voted therefor, the amendment
carried.
Vote on resolution, as amended:
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution,
as amended, was adopted.
Commissioner Pernick questioned the difference between a
commemorative resolution and those having to come before the
Board. The Chairperson stated the above resolution was
borderline and that he would watch closer in the future.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENT TO LIBRARY BOARD
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. August 17, 1995
339
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the re-
appointment of Robert
Tera to the Oakland County Library Board for a five-year term,
expiring August 24, 2000.
Chairperson, on behalf of the General Government Committee,
I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of attachment on file in the County Clerk's office.
Moved by Schmid supported by Douglas the General Government
Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Commissioner Schmid nominated Robert Tera to the Oakland
County Library Board for a five year term expiring August 24,
2000. Supported by Douglas.
A sufficient majority having voted therefor, the appointment
of Robert Tera to the Oakland County Library Board for a five
year term, expiring August 24, 2000, was confirmed.
MISCELLANEOUS RESOLUTION #95204
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CLERK/REGISTER OF DEEDS - BOND FORFEITURE, REVENUE
ENHANCEMENT AND AUTOMATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS forfeited bonds are collected by the Clerk's Office
pursuant to Michigan Court Rule and Statute; and
WHEREAS $50,000 is budgeted in the Bond Forfeiture revenue
line item of the Clerk's Budget; and
WHEREAS the process of collecting forfeited bonds requires
close cooperation and communication of data between various
organizations and involves the efforts of the Circuit Court,
Prosecuting Attorney's Office, Clerk's Office and other County
departments; and
WHEREAS an Ad Hoc Committee was formed including these
departments, Information Technology, Reimbursement Division and
the Budget Division to design and implement an automated bond
recovery program the cost of which is $15,000; and
WHEREAS examination of the current business process has
resulted in improvement to the manual system sufficient to
generate additional revenue to cover the cost of automation.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of
Commissioners authorizes an automated bond recovery program and
approval for the funding of same.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. August 17, 1995
340
FISCAL NOTE (Misc. #95204)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: CLERK'S OFFICE - BOND FORFEITURE, REVENUE ENHANCEMENT AND
AUTOMATION
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 #95204
and finds:
1) An Ad Hoc Committee formed to review and enhance the
collection of bond forfeitures has recommended the design and
implementation of an automated bond recovery program, the cost of
which is $15,000.
2) An examination of the current business practice has
resulted in improvement to the manual system sufficient to
generate additional revenue to cover the cost of automation.
3) That the 1995 budget should be amended as specified
below.
3-10100-212-01-00-2145 Forfeiture of Bonds
$15,000
4-10100-122-01-00-3661 Computer Development
$15,000
-0-
FINANCE AND PERSONNEL
COMMITTEE
Moved by Schmid supported by McPherson 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 #95219
BY: Health and Human Services Committee, Shelley Taub,
Chairperson, Department of Human Services/Community Mental
Health
IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH -
PROJECT REACH - EARLY ON GRANT, RETURN OF UNSPENT FUNDS TO
OAKLAND SCHOOLS/MICHIGAN DEPARTMENT OF EDUCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Early On Grant awarded to Oakland County
Community Mental Health Division was for the amount of $25,200
authorizing services to infants with developmental disability;
Commissioners Minutes Continued. August 17, 1995
341
and is 100% funded with no County match required; and
WHEREAS the awarded funding will be underspent by fiscal
year end of September 30, 1995, due to turnover in the funded
position and the recruitment time required to hire a replacement;
and
WHEREAS it is estimated that $11,496 will be unspent, which
is detailed as follows:
Original Grant Revised Grant Grant
Adjustment
Salaries $ 7,764 $ 3,337 $ 4,427
Fringes 854 367 487
Client Services 16,582 10,000 6,582
Total $25,200 $13,704 $11,496
WHEREAS Oakland Schools is proposing to redirect unused
funds to support summer projects; and
WHEREAS this request has been approved by the Community
Mental Health Board on July 18, 1995.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners approves amending the grant amount by a
reduction of $11,496 or 45.6% of the original grant amount of
$25,200.
Chairperson, on behalf of the Health and Human Services
Committee, I move the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES
COMMITTEE
FISCAL NOTE (Misc. #95219)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH
PROJECT REACH - EARLY ON GRANT, RETURN OF UNSPENT FUNDS TO
OAKLAND SCHOOLS/MICHIGAN DEPARTMENT OF EDUCATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance and
Personnel Committee has reviewed Miscellaneous Resolution #95219
and finds:
1) The Early On Grant awarded to Oakland County Community
Mental Health Division was for the amount of $25,200 authorizing
services to infants with developmental disability, and is 100%
funded with no County match required.
2) The grant is being reduced by the anticipated unspent
amount of $11,496 which represents 45.6% of the original funding.
3) The Fiscal Year 1994/1995 Budget is amended as follows:
Early On Grant Fund
Revenue
3-27186-166-26-00-2185 Grant Revenue ($11,496)
Expenditures
4-27186-166-26-00-1001 Salaries ($ 4,427)
4-27186-166-26-00-2074 Fringe Benefits ($ 487)
4-27186-166-26-00-3042 Client Services ($ 6,582)
Commissioners Minutes Continued. August 17, 1995
342
Subtotal ($11,496)
Total $ 0
FINANCE AND PERSONNEL
COMMITTEE
Moved by Taub supported by Moffitt the resolution be
adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95220
BY: Health and Human Services Committee, Shelley Taub,
Chairperson, Department of Human Services/Community Mental Health
IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH -
PATH GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the PATH (Projects to Assist in Transition from
Homelessness) Grant contract for Fiscal Year 1994/1995 has been
received from the Department of Mental Health, authorizing
funding to Community Mental Health for the period October 1, 1994
through September 30, 1995; and
WHEREAS the Fiscal Year 1994/1995 total grant amount is
$201,328 which is funded as follows:
PATH Federal Funds $ 78,500
DMH State Funding 87,250
CMH Funds 21,278
Sub-total $187,028
Agency In-Kind Contribution 14,300
Total Grant $201,328 ; and
WHEREAS this year's total grant is $37,950 more than the
previous year's amount of $163,878 due to full year funding for
the Translink portion of the grant, which was funded for only six
months in the previous year; and
WHEREAS the funding is consistent with anticipated
expenditures for this program; and
WHEREAS the acceptance of this grant obligates Community
Mental Health to matching funds in the amount $21,278, which is
currently budgeted within the Fiscal Year 1994/1995 Community
Mental Health Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners accepts the PATH Grant award from the Department
of Mental Health in the total amount of $201,328 for Fiscal Year
1994/1995.
Chairperson, on behalf of the Health and Human Services
Commissioners Minutes Continued. August 17, 1995
343
Committee, I move the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES
COMMITTEE
FISCAL NOTE (Misc. #95220)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH -
PATH GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance and
Personnel Committee has reviewed Miscellaneous Resolution #95220
and finds:
1) The PATH (Projects to Assist in Transition from
Homelessness) Grant Contract for FY 1994/1995 has been received
from the Department of Mental Health, authorizing funding to
Community Mental Health for this fiscal year.
2) The FY 1994/1995 total grant amount is $201,328 which
is funded as follows:
PATH Federal Funds $ 78,500
DMH State Funding 87,250
CMH Funds 21,278
Sub-Total $187,028
Agency In-Kind Contribution 14,300
Total Grant $201,328
3) This year's total grant is $37,950 more than the
previous year's amount of $163,878 (23% variance) due to full
year funding for the Translink portion of the grant, which was
funded for only six months in the previous year.
4) The acceptance of this grant obligates Community Mental
Health to matching funds in the amount of $21,278, which is
currently budgeted within the Fiscal Year 1994/1995 Community
Mental Health fund.
5) Acceptance of this grant does not obligate the County
to continuation beyond this fiscal year.
6) This grant does not fund any County positions.
7) The Fiscal Year 1994/1995 Budget is amended as detailed
in the attached Schedule 1.
FINANCE AND PERSONNEL
COMMITTEE
Copy of Schedule 1 on file in County Clerk's office.
Moved by Taub supported by Holbert the resolution be
adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
Commissioners Minutes Continued. August 17, 1995
344
REPORT (Misc. #95212)
BY: Health and Human Services Committee, Shelley G. Taub,
Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - REPORTING
FOR CONFIRMED AND SUSPECTED LYME DISEASE CASES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Health and Human Services Committee, having reviewed the
above-referenced resolution on August 9, 1995, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Health and Human Services
Committee, I move the acceptance of the foregoing report.
HEALTH AND HUMAN SERVICES
COMMITTEE
MISCELLANEOUS RESOLUTION #95212
BY: Fran Amos, District #5 and Ruth A. Johnson, District #1
IN RE: HUMAN SERVICES DEPARTMENT/HEALTH DIVISION - REPORTING FOR
CONFIRMED AND SUSPECTED LYME DISEASE CASES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there has been an increase in the last few years in
the confirmation of acute Lyme Disease cases in several states in
the upper Midwest, including Michigan; and
WHEREAS research has shown that the bacteria that causes
Lyme Disease is generally carried by wild animals, domestic
animals and 49 species of birds that are common to forested
areas, fields, and other settings consistent with those
throughout the state of Michigan; and
WHEREAS by virtue of Oakland Countys topographica l
characteristics, conditions here are consistent with those that
are common to locations inhabited by the animals and birds
carrying the scapularis species of tick known to contain the
bacteria which causes Lyme Disease; and
WHEREAS the citizens of Oakland County, therefore, have an
interest in being informed of the incidences of Lyme Disease
cases known or suspected to exist in Oakland County; and
WHEREAS documentation submitted by the Michigan Department
of Public Health for the year ending 1994 shows no confirmed
cases of Lyme Disease in Oakland County, yet information from the
Michigan Lyme Disease Association indicates that such diagnoses
have been made by physicians in Oakland County; and
WHEREAS in addition to the Health Divisions curre nt
practice of the reporting of confirmed cases of communicable
diseases as referenced in the Administrative Rules for
Communicable and Related Diseases (MCL 333.5111), including Lyme
Disease cases, it is in the best interests of the residents of
Oakland County that suspected cases of Lyme Disease also be
reported; and
WHEREAS suspected cases of Lyme Disease are defined as those
cases for which a diagnosis has been made and/or treatment is
Commissioners Minutes Continued. August 17, 1995
345
occurring.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners establishes the policy that the Health Division
begin reporting all suspected cases of acute Lyme Disease in
Oakland County in addition to the current practice of reporting
all confirmed cases.
BE IT FURTHER RESOLVED that suspected cases of acute Lyme
Disease shall include all those cases where a diagnosis has been
made and/or treatment is occurring.
BE IT FURTHER RESOLVED that the Health Division inform all
local practicing physicians that Oakland County will begin
reporting suspected cases of Lyme Disease in addition to the
current practice of reporting confirmed cases, and that these
physicians are encouraged to promptly inform the Health Division
of all such diagnoses and/or treatments on an ongoing basis as
provided in the Administrative Rules for Communicable and Related
Diseases (MCL 333.5111).
Chairperson, we move adoption of the foregoing resolution.
Fran Amos, District #5,
Ruth Johnson, District #1
Moved by Taub supported by Amos the Health and Human
Services Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Moved by Taub supported by Amos the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
REPORT (Misc. #95205)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: HUMAN SERVICES DEPARTMENT/COMMUNITY MENTAL HEALTH -
(SUPPORT) AMENDMENT TO SB525 - MENTAL HEALTH CODE (CONFLICT OF
INTEREST)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-
referenced resolution on August 17, 1995, reports with the
recommendation that the resolution be amended as revised below.
(The double underline represents new language and the old
language has a line drawn through it).
WHEREAS the Michigan Mental Health Code prohibits an
Commissioners Minutes Continued. August 17, 1995
346
employee of the Michigan Department of Mental Health, employee of
a County Mental Health Program or an employee or representative
of an agency having a contractual relationship with the County
from serving on a County Mental Health Board; and
WHEREAS a review of the statutory authority of the appointed
County boards, commissions, and authorities led to the discovery
that no similar conflict-of-interest prohibition is placed upon
the membership of similarly created boards, commissions, and
authorities; and
WHEREAS the composition of the Community Mental Health Board
requires persons with experience in the mental health field and
as such, inherent conflicts are unavoidable; and
WHEREAS there are a number of Oakland County citizens who
are disenfranchised by the present code requirement; and
WHEREAS these disenfranchised people have a great deal of
expertise that would significantly benefit significantly the
Oakland County Mental Health Program; and
WHEREAS the Oakland County Community Mental Health Services
Board has in fact lost an officer of its board because she was
employed by a successful bidder for providing services under
contract with the Oakland County Community Mental Health
Division; and
WHEREAS the present Michigan Mental Health Code should be
amended to allow the most knowledgeable and best qualified
individuals to serve on County Mental Health Boards.
NOW THEREFORE BE IT RESOLVED that the Michigan Department of
Mental Health Code, paragraph 330.122, Section 222. (3) be
amended as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners advocates that the Michigan Legislature amend
the Mental Health Code, specifically MCL 330.1222(3), by
eliminating the current paragraph and replacing it with the
following:
An employee or representative of an agency who is
directly involved with a program or contract currently held by a
County Community Mental Health Program may not be appointed to
serve on a Community Mental Health Board. Other employees of
that agency who are not directly or actively involved in a
specific program or contract currently held or being considered
by a County Community Mental Health Program or contract currently
held by a County Community Mental Health Program may be
considered and appointed to a Community Mental Health Board. If
a sitting Community Mental Health Board member develops a
potential conflict of interest with a current employer or entity
in which he or she is an officer, partner, member, employee or
independent contractor, all of the following must occur: An
appearance of a conflict-of-interest may be disclosed by an
individual board member or the Community Mental Health Board.
All of the following must occur when the appearance of a
conflict-of-interest exists for a sitting board member:
(1) He or she must promptly disclose any
pecuniary interest in the contract to the official body which has
Commissioners Minutes Continued. August 17, 1995
347
power to approve the contract;
Commissioners Minutes Continued. August 17, 1995
348
(2) The contract must be approved by a vote of
not less than 2/3 of the full membership of the approving body in
open session without the approval of the member in question; and
(3) The official minutes must disclose specific
information surrounding the contract and the member in question.
Chairperson, on behalf of the General Government Committee,
I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #95205
BY: Health and Human Services Committee, Shelley G. Taub,
Chairperson
IN RE: HUMAN SERVICES DEPARTMENT/COMMUNITY MENTAL HEALTH -
(SUPPORT) AMENDMENT TO SB525 - MENTAL HEALTH CODE (CONFLICT OF
INTEREST)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Mental Health Code prohibits an
employee of the Michigan Department of Mental Health, employee of
a County Mental Health Program or an employee or representative
of an agency having a contractual relationship with the County
from serving on a County Mental Health Board; and
WHEREAS there are a number of Oakland County citizens that
are disenfranchised by the present code requirement; and
WHEREAS these disenfranchised people have a great deal of
expertise that would benefit significantly the Oakland County
Mental Health Program; and
WHEREAS the Oakland County Community Mental Health Services
Board has in fact lost an officer of its board because she was
employed by a successful bidder for providing services under
contract with the Oakland County Community Mental Health
Division; and
WHEREAS the present Michigan Mental Health Code should be
amended to allow the most knowledgeable and best qualified
individuals to serve on County Mental Health Boards.
NOW THEREFORE BE IT RESOLVED that the Michigan Department of
Mental Health Code, paragraph 330.122, Section 222. (3) be
amended as follows:
An employee or representative of an agency who is
directly involved with a program or contract currently held by a
County Community Mental Health Program may not be appointed to
serve on a Community Mental Health Board. Other employees of
that agency who are not directly or actively involved in a
specific program or contract currently held by a County Community
Mental Health Program or contract currently held by a County
Community Mental Health Program may be considered and appointed
to a Community Mental Health Board. If a sitting Community
Mental Health Board member develops a potential conflict of
interest with a current employer or entity in which he or she is
an officer, partner, member, employee or independent contractor,
all of the following must occur:
(1) He or she must promptly disclose any
Commissioners Minutes Continued. August 17, 1995
349
pecuniary interest in the contract to the official body which has
power to approve the contract;
(2) The contract must be approved by a vote or
not less than 2/3 of the full membership of the approving body in
open session without the approval of the member in question; and
(3) The official minutes must disclose specific
information surrounding the contract and the member in question.
Chairperson, on behalf of the Health and Human Services
Committee, I move the adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES
COMMITTEE
Moved by Taub supported by Schmid the General Government
Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Moved by Taub supported by Schmid the resolution be adopted.
Moved by Taub supported by Schmid the resolution be amended
to coincide with the General Government Committee Report
recommendations.
A sufficient majority having voted therefor, the amendment
carried.
Vote on resolution, as amended:
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution,
as amended, was adopted.
MISCELLANEOUS RESOLUTION #95221
BY: Planning and Building Committee, Charles E. Palmer,
Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - CONTRACT WITH OAKLAND
LIVINGSTON HUMAN SERVICES AGENCY (OLHSA) FOR ENERGY EDUCATION AND
WEATHERIZATION SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Block Grant
(CDBG) program has among its objectives the provision of decent
housing, a suitable living environment, and expanded
opportunities, principally for low-and moderate-income persons;
and
WHEREAS the Oakland Livingston Human Service Agency (OLHSA)
Commissioners Minutes Continued. August 17, 1995
350
has carried out over the past several years a program known as
Project Warmth, which provides both energy education and home
weatherization services for low-and moderate-income persons; and
WHEREAS the County has helped fund this program since 1978;
and
WHEREAS this cooperative program makes it possible to assist
low-income persons, handicapped persons, and senior citizens in
meeting energy conservation needs through conservation and
education methods utilized in Project Warmth; and
WHEREAS the Oakland County Citizens' Advisory Council has
voted to approve the attached contract; and
WHEREAS the contract attached to this resolution has been
approved as to form per the County Executive's contract review
procedure.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners authorize the Chairperson of the Board of
Commissioners to execute the attached contract with the Oakland
Livingston Human Service Agency for the implementation of: (A)
Home weatherization in the amount of $30,250, and (B) Energy
education in the amount of $19,750, the total contract not to
exceed $50,000.
Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING
COMMITTEE
Copy of Contract and Attachments A,B,C,D and E on file in
the County Clerk's office.
Moved by Palmer supported by Jacobs the resolution be
adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95222
BY: Planning and Building Committee, Charles E. Palmer,
Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - 1995 EMERGENCY SHELTER
GRANT (ESG) PROGRAM - CONTRACTS WITH SOUTH OAKLAND SHELTER (S0S),
HELP AGAINST VIOLENT ENCOUNTERS NOW (HAVEN), LIGHTHOUSE OF
OAKLAND COUNTY (PATH PROJECT), THE SANCTUARY (A STEP FORWARD
PROJECT), AND NEW BETHEL OUTREACH MINISTRY
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. August 17, 1995
351
Chairperson, Ladies and Gentlemen:
WHEREAS homelessness is a serious national, state, and local
problem; and
WHEREAS the Congress of the United States, recognizing this
problem, passed the Stewart B. McKinney Homeless Assistance Act
in 1987, and subsequent amendments; and
WHEREAS the U.S. Department of Housing and Urban Development
(HUD), on April 28, 1995, awarded Oakland County an Emergency
Shelter Grant formula allocation of $160,000 for the 1995 program
year, to be allocated within 180 days of receipt; and
WHEREAS the receipt of ESG funds allows the County to
contract with subrecipient homeless shelters to reimburse them
for the overnight shelter, food, furnishings, and transportation
services they provide to homeless clients, as well as the
shelters' office and administrative expenses; and
WHEREAS five shelters in Oakland County have applied for
1995 ESG funds: South Oakland Shelter (SOS), Help Against
Violent Encounters Now (HAVEN), Lighthouse of Oakland County
(PATH project), The Sanctuary, Inc. (A Step Forward project), and
New Bethel Outreach Ministry; and
WHEREAS each of these shelters have demonstrated needs for
funding; and
WHEREAS the County wishes to enter into contracts with each
of the five shelters to provide them with 1995 ESG funds in the
following amounts: South Oakland Shelter ($91,432), Help Against
Violent Encounters Now ($17,142), Lighthouse of Oakland County
(PATH project) ($17,142), The Sanctuary, Inc. (A Step Forward
project) ($17,142), and New Bethel Outreach Ministry
($17,142)[see attached contracts]; and
WHEREAS the Oakland County Citizens Advisory Council for
Community Development has approved the above funding amounts; and
WHEREAS the contracts have been reviewed and approved as to
form by the Office of Corporation Counsel, the Personnel
Department, the Department of Management and Budget, and Risk
Management in accordance with the County Executive's contract
review procedure.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the
Oakland County Board of Commissioners be authorized to execute
the agreements with each of the above-mentioned homeless shelters
in the combined sum of $160,000.
Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING
COMMITTEE
Copy of contracts on file in the County Clerk's office.
Moved by Palmer supported by Dingeldey the resolution be
adopted.
AYES: Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Commissioners Minutes Continued. August 17, 1995
352
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95223
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: PROBATE COURT, TRANSFER OF PREPARATION AND DELIVERY OF
NEGLECT AND CHILD PROTECTIVE HEARINGS SUBPOENAS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Probate Court notified the Prosecuting Attorney
in a letter dated January 19, 1995, that the preparation and
delivery of subpoenas in Child Protective Proceedings would be
the responsibility of the Prosecutor's Office after April 1,
1995; and
WHEREAS it is the opinion of Oakland County Corporation
Counsel that the obligation to prepare and deliver subpoenas in
child protective proceedings belongs to the Prosecuting Attorney;
and
WHEREAS this matter was referred to the March 14, 1995
Public Services meeting, where it was determined by both the
Prosecuting Attorney and Probate Court to postpone the matter
until the required work and necessary staffing could be reviewed
more carefully; and
WHEREAS several subsequent meetings with the Probate Court
and the Prosecutor's Office have been conducted by the Personnel
Department in an attempt to find the most cost effective solution
to this issue; and
WHEREAS the Personnel Department estimates that 150-250
hours of typist time is required for preparation, and 1,500-2,000
hours of process server time would be required if the Prosecuting
Attorney were to perform these functions on an independent basis;
and
WHEREAS the Probate Court has documented that staff
equivalent to a PTNE 1,000 hour Court Service Officer is
currently providing the process service function, and has agreed
to delete one (1) 1,000 hour PTNE Court Service Officer II as
part of this proposal; and
WHEREAS the small amount of annual typing and preparation
time required could be provided by the Prosecuting Department's
existing salaries favorability provided by normal employee
turnover; and
WHEREAS the use of a contracted process service agency could
provide the required personal service at a cost equivalent to
1,500 hours of Court Service Officer II time, and help simplify
the transition for the Prosecuting Attorney; and
WHEREAS the actual cost of contracted process service would
be determined after the usual 60 day Purchasing Division bid
process; and
Commissioners Minutes Continued. August 17, 1995
353
WHEREAS it is requested that an evaluation of this proposed
transfer of work be conducted by the Personnel and Management and
Budget departments six (6) months after implementation, and the
results shared with the Finance/Personnel Committee.
NOW THEREFORE BE IT RESOLVED that the preparation and
service of subpoenas for Child Protective proceedings and neglect
matters be transferred from Probate Court to the Prosecuting
Attorney effective 60 days after Board of Commissioner approval.
BE IT FURTHER RESOLVED to delete one (1) PTNE Governmental
Court Service Officer II position (34402-07370) from the
Probate/Judicial Support Division of Probate Court, and transfer
the resource to the Prosecuting Attorney's Professional Services
line item to fund the necessary personal service of subpoenas.
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance and
Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95224
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: PROBATE COURT, CREATION OF ONE (1) PTNE COURT SERVICE
OFFICER II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Court Service Officers of the Probate Court are
primarily focused on providing legal notices and proofs of
service as required to meet the court's trial and hearing
schedule; and
WHEREAS the workload of the Court Service Officers has
allowed insufficient attention to bench warrant responsibilities;
and
WHEREAS the total outstanding balance of bench warrants
relating to financial show cause issues is $359,000, about half
of which is realistically collectable; and
WHEREAS the Probate Court requests the establishment of one
(1) 1,000 hour PTNE Court Service Officer II for dedicated
attention to bench warrant matters; and
WHEREAS position continuation is dependent on bench warrant
related revenues sufficient to cover position costs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners approves creation of one (1) Governmental Court
Service Officer II 1,000 hour/year PTNE position in the
Probate/Judicial Support Division of Probate Court (34402).
BE IT FURTHER RESOLVED that position continuation is
dependent on bench warrant related revenues sufficient to cover
position costs.
BE IT FURTHER RESOLVED that Probate Court report back to the
Public Services Committee at its first meeting in February, 1996,
with all financial information, including revenues collected and
outstanding, position costs, etc.
Commissioners Minutes Continued. August 17, 1995
354
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance and
Personnel Committee. There were no objections.
MISCELLANEOUS RESOLUTION #95208
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - EXPANSION OF
VISITATION AND CUSTODY SMILE PROGRAM AND THE CREATION OF TWO (2)
STUDENT POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has secured a waiver from the
Federal Government to allow for reimbursement of visitation and
custody operational costs under Title IV-D of the Social Security
Act; and
WHEREAS visitation and custody cost component has been
incorporated into the approved 1995 Cooperative Reimbursement
Program Contract; and
WHEREAS reimbursement for these costs will result in an
additional $600,000 to $800,000 in revenue to the County; and
WHEREAS the Friend of the Court is requesting a portion of
the additional revenue to enhance visitation and custody efforts
through an expanded SMILE Program; and
WHEREAS the original SMILE Program was established in the
Circuit Court's Family Counseling Unit to assist divorce
litigants at the filing stage; and
WHEREAS the expanded program will include, SMILE II, geared
toward interaction with the children in the divorce and PATERNITY
SMILE, addressing the needs of a special segment of the domestic
relations population; and
WHEREAS the annual operating cost, including the addition of
two (2) student positions, for the expanded program is $40,810,
partially offset by $26,935 in additional revenue generated from
this program, for a net annual cost of $13,875; and
WHEREAS the request also includes a one time cost of
$100,000 for two videos focused on each new aspect of the SMILE
proposal.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of
Commissioners approves the expansion of the SMILE Program in the
Friend of the Court.
BE IT FURTHER RESOLVED that the continuation of this
program, including personnel, is contingent upon the level of
funding from the State.
BE IT FURTHER RESOLVED two (2) student positions be created
in the Counseling Unit of the Friend of the Court.
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. August 17, 1995
355
FISCAL NOTE (Misc. #95208)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - EXPANSION OF
VISITATION AND CUSTODY SMILE PROGRAM AND THE CREATION OF TWO (2)
STUDENT 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 #95208
and finds:
1. The State of Michigan has secured a waiver from the
Federal Government which allows for reimbursement of visitation
and custody operational costs under Title IV-D of the Social
Security Act which will result in an additional $600,000 to
$800,000 in revenue to the County.
2. Friend of the Court requests a portion of the
additional revenue to enhance visitation and custody efforts
through an expanded SMILE Program.
3. The annual operating cost, including the addition of
two (2) student positions, for the expanded program is $40,810,
partially offset by $26,935 in additional revenue generated from
this program, for a net annual cost of $13,875.
4. The operating cost for the balance of 1995 is $24,612;
offsetting additional revenue for 1995 is $16,244.
5. The request also includes a one time cost of $100,000
for two videos focused on each new aspect of the SMILE proposal.
6. Continuation of this program, including personnel, is
contingent upon the level of funding from the State.
7. The Friend of the Court's 1995 Budget be amended as
follows:
Revenue
3-10100-312-01-00-
2077 Cooperative Reimbursement Program $124,612
Expenditures
4-21500-312-05-00-
1001 Salaries $ 5,136
2070 Fringe Benefits 426
3128 Professional Services 101,650
3658 Rent 1,500
4898 Office Supplies 3,300
4909 Postage 1,400
6361 Info-Tech Development 4,000
6672 Printing 7,200
Total $124,612
$ 0
FINANCE AND PERSONNEL
Commissioners Minutes Continued. August 17, 1995
356
COMMITTEE
Moved by Obrecht supported by Devine the resolution be
adopted.
AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95209
BY: Public Services Committee, Lawrence Obrecht, Chairperson
IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by
Miscellaneous Resolutions #7865, #7971 and #8664 accepted federal
grants to defray a portion of the costs in purchasing sirens to
be utilized within the Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-
five percent as has been the policy previously established by the
Board of Commissioners by various miscellaneous resolutions,
whereby local units pay seventy-five percent and the County
twenty-five percent with the County being responsible for the
maintenance and electrical costs for the sirens purchased; and
WHEREAS the Township of Brandon, per the attached Purchase
Agreement, has requested to participate in the siren system; and
WHEREAS the Township of Brandon has agreed to pay seventy-
five percent of the total estimated cost of one siren; and
WHEREAS, consistent with the attached standard agreement,
the Township of Brandon agrees that Oakland County will retain
ownership of the siren and will be responsible for the
maintenance and the electrical costs for said siren purchased
under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners authorizes execution of the attached written
agreement with Brandon Township for the purchase, installation
and maintenance costs of one siren.
BE IT FURTHER RESOLVED that the expenditure of this
appropriation is contingent upon the execution of the attached
written agreement between the County and the Township of Brandon.
BE IT FURTHER RESOLVED that written quarterly progress
reports be presented to the Public Services Committee by the
Manager of the Emergency Management Division and to the balance
of the members of the Board of Commissioners.
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. August 17, 1995
357
Copy of Purchase Agreement on file in County Clerk's office.
FISCAL NOTE (Misc. #95209)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION
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 #95209
and finds:
1) The Township of Brandon has issued a purchase agreement
for the purchase of a fire siren and requested to become part of
the County's centrally activated tornado warning system.
2) The total cost of the fire siren is $17,000.
3) The Township of Brandon has agreed to pay $12,750,
seventy-five (75%) percent of the estimated cost of the siren.
4) The County of Oakland will pay twenty-five (25%)
percent of the estimated cost, $4,250.
5) Consistent with past agreements, the County will retain
ownership and be responsible for the maintenance and electrical
costs for the siren.
6) Funds are available in the 1995 Contingency Account to
cover the County's share of the purchase cost.
7) The County's portion of $4,250 is requested to be
transferred from the 1995 Contingency Account to the Emergency
Management line item for Capital Outlay as follows:
4-10100-909-01-00-9900 Contingency
($4,250)
4-22100-141-30-05-5998 Disaster Control
4,250
$ 0
FINANCE AND PERSONNEL
COMMITTEE
Moved by Obrecht supported by Johnson the resolution be
adopted.
AYES: McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
MISCELLANEOUS RESOLUTION #95210
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/EMS - EXTENSION OF
'O'COM FUNCTION THROUGH NOVEMBER 30, 1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. August 17, 1995
358
WHEREAS the Oakland County Board of Commissioners, by
Miscellaneous Resolution #93259, authorized issuance of
appropriate notification to terminate the agreements with twelve
participating hospitals for provision of 'O'COM services; and
WHEREAS pursuant to Miscellaneous Resolutions #93031,
#93269, #94041, #94216, #94360 and #95124, funding for the 'O'COM
function was continued through August 31, 1995; and
WHEREAS the recommended transition of 'O'COM to the 800 MHz
system is still in the final stages of approval and will require
an additional three months to implement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners extends funding for County operated 'O'COM
functions, and the continued funding for said positions through
November 30, 1995:
EMS Communications Supv (14130-04676)
EMS Communications Operator (14130-04677, 14130-04678,
14130-04679, 14130-04680, 14130-04681, 14130-06035).
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #95210)
BY: Finance and Personnel Committee, John P. McCulloch,
Chairperson
IN RE: FACILITIES MANAGEMENT - EXTENSION OF 'O'COM FUNCTION
THROUGH NOVEMBER 30, 1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee
has reviewed Miscellaneous Resolution #95210 and finds:
1) The Board of Commissioners, by Miscellaneous Resolution
#95124, authorized continued operation and funding of 'O'COM
through August 31, 1995.
2) The current resolution authorizes the continued
operation and funding of 'O'COM through November 30, 1995.
3) In addition, $43,575 is required for consultation
services to assist in the implementation of the 800 MHz system
and an Information Management System to provide rerouting status
advisories. Of this cost, $29,050 will be reimbursed by SEMHC
and the service providers. The County's share will be funded by
the favorability resulting from a reduction in the cost of the
800 MHz equipment.
4) The following amendments to the 1995 Budget are
recommended:
Revenue
22100-141-30-10-2520 Reimb. from Hospitals $
70,350
22100-141-30-10-2498 Reimbursement - Contracts
29,050
22100-141-30-10-8675 Operating Transfer In - Radio
14,525
$113,925
Commissioners Minutes Continued. August 17, 1995
359
Expenditures
10100-909-01-00-9900 General Fund Contingency
($ 47,481)
22100-141-30-10-1001 Salaries - Regular
$ 51,940
22100-141-30-10-1002 Salaries - Overtime
1,500
22100-141-30-10-2074 Fringe Benefits
29,325
22100-141-30-10-3128 Professional Services
43,575
22100-141-30-10-3278 Communications
1,125
22100-141-30-10-3342 Equipment Repairs & Maint.
400
22100-141-30-10-3514 Membership/Publications
20
22100-141-30-10-3574 Personal Mileage
75
22100-141-30-10-3752 Travel/Conference
90
22100-141-30-10-4898 Office Supplies
100
22100-141-30-10-4909 Postage
55
22100-141-30-10-6600 Radio Communications
22,150
22100-141-30-10-6640 Equipment Rental
70
22100-141-30-10-6641 Convenience Copier
100
22100-141-30-10-6670 Stationery Stock
65
22100-141-30-10-6672 Print Shop
100
22100-141-30-10-6735 Insurance Fund
340
22100-141-30-10-6750 Telephone Communications
10,376
$113,925
$ 0
4-66000-138-40-00-8232 Operating Transfer Out -
Health $ 14,525
1-66000-455-001 Estimated Profit/Loss
( 14,525)
$ 0
FINANCE AND PERSONNEL
COMMITTEE
Moved by Obrecht supported by McPherson the resolution be
adopted.
Commissioners Minutes Continued. August 17, 1995
360
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
Commissioner Law requested a Public Hearing be scheduled for
the September 7, 1995 Board meeting to allow for public comment
regarding refinancing the Detroit Country Day School Project.
The Chairperson set the hearing for 10:00 A.M.
Commissioner Dingeldey requested a Public Hearing be
scheduled for the September 7, 1995 Board meeting for the purpose
of allowing public comment regarding the TECLA, Inc. Project in
Commerce Township. The Chairperson set the hearing for 10:05
A.M.
MISCELLANEOUS RESOLUTION #95225
BY: Ruth A. Johnson, Shelley G. Taub
IN RE: BILLING THE STATE FOR UNFAIR AND UNFUNDED MANDATES -
ADDITIONAL PROCEDURES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS historically, the State of Michigan legislature has
passed laws, rules and regulations that require local
governmental units (counties, cities, townships and villages) to
carry out specific actions; and
WHEREAS in order to control the State operating budgets, the
State often has not provided the necessary funds to carry out
activities mandated upon local governmental units; and
WHEREAS County, City, Township, and Village governments must
use scarce, locally-raised financial resources (taxes, user fees,
etc.) to comply with these additional financial burdens imposed
on them by the State legislature; and
WHEREAS in many cases, these unfunded financial burdens and
mandates would not be passed by local governments; and
WHEREAS many of these laws, rules and regulations are
inefficient, expensive to implement, and not sensitive to
specific local government needs and desires; and
WHEREAS there is a general trend in the United States to
transfer responsibilities for the enactment of laws, rules and
regulations to the lowest possible governmental unit; and
WHEREAS the Oakland County Board of Commissioners and County
Executive strongly oppose the continued enactment of new unfunded
legislation; and
WHEREAS the Oakland County Board of Commissioners has passed
Miscellaneous Resolution #93047 on April 29, 1993, #93209 on
October 21, 1993, and #95013 on February 9, 1995 opposing Federal
Commissioners Minutes Continued. August 17, 1995
361
and State unfunded mandates; and
WHEREAS Commissioners Dan Devine, Jr., Ruth A. Johnson, and
Shelley G. Taub drafted and introduced Miscellaneous Resolution
#95089 to the Board of Commissioners, which was unanimously
approved by that Board on April 6, 1995, calling for the
invoicing of the State and Federal government for the costs
associated with unfunded mandates; and
WHEREAS over $16 million in invoiced costs have been sent to
the State of Michigans Department of Management an d Budget with
no response other than the comments noted below included in a
letter to the Countys Director of Department of Ma nagement and
Budget:
...As a result, the state will not be providing a ny
additional payments in response to your invoice. Such payments
would only occur as a result of an appropriation (see Article IX,
Section 17 of Michigan Constitution - No money sha ll be paid out
of the state treasury except in pursuance of appropriations made
by law.)
WHEREAS Oakland County is providing $733 million in revenues
to the State in excess of amounts the State provides back to the
County (often referred to as a spending gap), as calculated by
the State of Michigan Senate Fiscal Agency, comments concerning
such amounts follow:
* Per capita, the amounts sent to the State by County
residents and businesses represent the highest amounts of all
counties.
* Per capita, the amounts returned from the State to the
County residents and businesses place the County in the 79th
position, out of 83 counties.
* The $733 million represents approximately $700 for
every County resident.
* Had there been no annual spending gap of $733 million
and amounts provided to the County instead, the County would not
have to raise ANY property taxes until the 21st century directly
related to the ANNUAL spending gap. Or, stated differently, the
County would not have to charge for ANY services to the public
for almost two full years.
WHEREAS the Countys Department of Management and Budget
should continue to invoice the State and Federal governments for
costs associated with unfunded mandates; and
WHEREAS the States administration cannot act with out
appropriations having been first made pursuant to law by the
State legislature; and
WHEREAS the previous four Board resolutions have not
resulted in changing the pattern of the State involving unfunded
mandates and in the absence of these changes, action steps must
now be developed by Oakland County to further encourage the
Countys legislators to ensure that future State le gislation is
sensitive to local governmental needs.
NOW THEREFORE BE IT RESOLVED that beginning immediately,
those Oakland County Senators and Representatives approving State
legislation having been identified to contain unfunded financial
Commissioners Minutes Continued. August 17, 1995
362
burdens on local governmental units be requested to explain their
support for such legislation, in writing, to the Board of
Commissioners and County Executive.
BE IT FURTHER RESOLVED that the failure to comply with the
above request shall result in a second request to the Senator or
Representative requesting their presence at the General
Government Committee of the Board of Commissioners.
BE IT FURTHER RESOLVED that the County encourage the State
to pass a requirement that legislation involving changes in laws,
rules and regulations involving implementation efforts at the
local governmental units assert the financial effect on those
governmental units and the amounts to be funded by the State.
BE IT FURTHER RESOLVED that a copy of this resolution be
sent to the Governor of the State of Michigan, Oakland Countys
State Senators and Representatives, and the Michigan Association
of Counties.
Chairperson, we move the adoption of the foregoing
resolution.
Ruth A. Johnson, Shelley G.
Taub
The Chairperson referred the resolution to the General
Government Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the
following referrals:
HEALTH AND HUMAN SERVICES COMMITTEE
a. John E. Madole - Community Mental Health View from
Former Community Mental Health Administrator
OTHERS
Treasurer and Equalization
a. Ind. Fac. Ex. Certificate No. 87-212 Revocation Custom
Design, City of Auburn Hills
There were no objections to the referrals.
The meeting was adjourned at 10:30 A.M. to the call of the
Chair or September 7, 1995 at 9:30 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson