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HomeMy WebLinkAboutMinutes - 1995.10.12 - 8197 382 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 12, 1995 Meeting called to order by Chairperson Larry Crake at 10:04 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 Lawrence Obrecht. Pledge of Allegiance to the Flag. Moved by Wolf supported by Pernick the minutes of the September 21, 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 amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE a. Drain Commissioner - 1995 Lake Level Assessments for Operations and Maintenance b. Drain Commissioner - 1995 Drain Maintenance Assessments d. Facilities Management/Engineering Division - Courthouse Bell Restoration Project (Reason for suspension for all Planning and Building items: Waiver of Rule XII-E, Direct Referral to Finance) ITEMS NOT ON PRINTED AGENDA PUBLIC SERVICES COMMITTEE e. Sheriff's Department - 1995/1996 Inmate Substance Abuse Coordinating - Monitoring Services Grant Acceptance f. Prosecuting Attorney - 1995/1996 Oakland County Narcotics Enforcement Grant Acceptance (Reason for suspension of both Public Services items: Waiver of Rule XII - Reviewed first by Finance and Personnel Committee) AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Commissioners Minutes Continued. October 12, 1995 383 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. Dorothy Eichert addressed the Board. The Chairperson stated "A Public Hearing is now called on the following miscellaneous resolutions: Miscellaneous Resolution #93172, Department of Institutional and Human Services/Community Mental Health - Full Integration into County Board of Commissioners/ County Executive Structure; Miscellaneous Resolution #93248, Department of Institutional and Human Services/Community Mental Health - Inclusion of Community Mental Health Employees in Merit System; Miscellaneous Resolution #94219, Department of Management and Budget/Purchasing Division - Purchasing/Contracting Procedures for Community Mental Health; Miscellaneous Resolution #94266, Department of Human Services/Community Mental Health - Requirement of Notification of Commencement and Findings or Public and Private Reviews. Are there any persons present who wish to speak?" No persons wished to speak and the Public Hearing was declared closed. REPORT (Misc. #93172) BY: General Government Committee, Donald W. Jensen, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH - FULL INTEGRATION INTO COUNTY BOARD OF COMMISSIONERS/COUNTY EXECUTIVE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments in the second BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the County Merit System coverage of Community Mental Health personnel be initiated to be expanded and made consistent with other departments, and to accomplish this the Oakland County Executive's Personnel Department is directed to begin the process of removing the Community Mental Health Division personnel from the Merit System Rule #1 exception and to begin the negotiation of merit rules and benefits comparable with other county departments, beginning January 1, 1994. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #93172 BY: Ruth Johnson, District #1; Kevin Miltner, District #5; Shelley Taub, District #12 IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES - COMMUNITY MENTAL HEALTH - FULL INTEGRATION INTO COUNTY BOARD OF COMMISSIONERS/COUNTY EXECUTIVE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners, by Miscellaneous Resolution #93092, dated May 27, 1993, authorized the Oakland County Community Mental Health Services Board to execute a full management contract with the State of Michigan Department of Mental Health; and WHEREAS the Mental Health Code empowers the Board of Commissioners to establish county procedures and regulations governing the conduct of county community mental health programs and such authority was also incorporated in the full management contract; and WHEREAS Public Act 139 of 1973 grants the Board of Commissioners the Commissioners Minutes Continued. October 12, 1995 384 authority to consolidate departments completely or in part or to transfer a function from one department to another; and WHEREAS the Board of Commissioners, on Miscellaneous Resolution #6931, dated December 19, 1974, created a community mental health/county executive administrative reporting structure through the Department of Institutional and Human Services; and WHEREAS in this time of expanding county responsibility for community mental health programs, it is necessary for the Board of Commissioners to restate its intention to fully integrate the Community Mental Health Division within the County administrative structure and to reiterate and expand upon the Board's policies to accomplish this directive. NOW THEREFORE BE IT RESOLVED that the Community Mental Health Division of the Department of Institutional and Human Services shall comply with all Oakland County Board of Commissioners and County Executive procedures and directives including but not limited to the following: 1. The appropriation process as it relates to the responsibility of the County Executive and the appropriation authority of the Board of Commissioners per P.A. 2 of the Public Acts of 1968 as amended, known as the Uniform Budgeting and Accounting Act. Also the budget appropriation, monitoring and control aspects of the General Appropriations Act as adopted annually by the Board of Commissioners. 2. Procurement policies for the purchase of goods and services as established by the County Executive and/or adopted by the Board of Commissioners, expanded to include the purchase of mental health services per section 228 of the Mental Health Code. For example, Miscellaneous Resolution #85020, dated February 14, 1985; Miscellaneous Resolution #89325, dated March 8, 1990; Miscellaneous Resolution #92027, dated March 5, 1992; Miscellaneous Resolution #92057, dated May 7, 1992; Miscellaneous Resolution #92101, dated May 21, 1992; Miscellaneous Resolution #93024, dated March 4, 1993; and the Oakland County Purchasing Division's Policies and Procedures, published by the Department of Management and Budget. 3. Procedures for the sale, purchase, lease or construction of real property as established in the rules of the Board of Commissioners and such other applicable resolutions of the Board of Commissioners such as Miscellaneous Resolution #91090, dated June 13, 1991; Miscellaneous Resolution #85303, dated October 24, 1985, and Miscellaneous Resolution #7488, dated March 18, 1976. BE IT FURTHER RESOLVED that the Division of Community Mental Health shall utilize county executive administrative services and the services of the County intergovernmental services funds. BE IT FURTHER RESOLVED that the County Merit System coverage of Community Mental Health personnel be expanded and made consistent with other departments, and to accomplish this the Oakland County Executive's Personnel Department is directed to begin the process of removing the Community Mental Health Division personnel from the Merit System Rule #1 exception and to begin the negotiation of merit rules and benefits comparable with other County departments. BE IT FURTHER RESOLVED that the Oakland County Community Mental Health Board will continue to provide mental health services delivery, planning and advice in accordance with section 226 of the Mental Health Code. I move the adoption of the foregoing resolution. Ruth Johnson, Kevin Miltner Shelley Taub (action taken at October 7, 1993 Board meeting) Moved by Jensen supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Taub the resolution be adopted. Moved by Miltner supported by Taub the resolution be amended by removing the second BE IT FURTHER RESOLVED paragraph, which reads: Commissioners Minutes Continued. October 12, 1995 385 "BE IT FURTHER RESOLVED that the County Merit System coverage of Community Mental Health personnel be expanded and made consistent with other departments, and to accomplish this the Oakland County Executive's Personnel Department is directed to begin the process of removing the Community Mental Health Division personnel from the Merit System Rule #1 exception and to begin the negotiation of merit rules and benefits comparable with other County departments." Discussion followed. Moved by Pernick supported by Kaczmar the title of the resolution be amended by removing the word "FULL", making the title "INTEGRATION INTO COUNTY BOARD OF COMMISSIONERS/COUNTY EXECUTIVE STRUCTURE". A sufficient majority having voted therefor, the motion carried. Discussion followed. Moved by Aaron supported by Oaks the resolution be referred back to the General Government Committee. A sufficient majority not having voted therefor, the motion failed. Vote on Miltner's amendment: A sufficient majority having voted therefor, the motion to amend carried. Vote on resolution, as amended: AYES: Gosling, Huntoon, Jensen, Johnson, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (22) NAYS: Kaczmar, Pernick. (2) A sufficient majority having voted therefor, the resolution, as amended, was adopted. (End of action taken at October 7, 1993 Board meeting) Following the third of three Public Hearings, Miscellaneous Resolution #93172 was before the Board of Commissioners for ratification. Moved by Amos supported by Dingeldey the resolution be ratified. AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was ratified. REPORT (Misc. #93248) BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH, INCLUSION OF COMMUNITY MENTAL HEALTH EMPLOYEES IN MERIT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the comments received by the Board Chairperson regarding the above-referenced resolution, reports with the recommendation that the resolution be adopted as originally recommended. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #93248 BY: Personnel Committee, Marilynn Gosling, Chairperson IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/COMMUNITY MENTAL HEALTH Commissioners Minutes Continued. October 12, 1995 386 DIVISION - INCLUSION OF COMMUNITY MENTAL HEALTH EMPLOYEES IN THE MERIT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Community Mental Health employees are presently excluded from full Merit System coverage by Merit Rule 1.1.2.3., which exempts "employees specifically required by law to be appointees of the Board ...officials or official bodies" from certain Merit System provisions; and WHEREAS the Mental Health Code provides that the Community Mental Health Director shall be an appointee of the Community Health Board, but no similar statutory requirement governs the appointment of lower level Community Mental Health employees; and WHEREAS the Community Mental Health employees are employees of the County of Oakland; and WHEREAS the Board of Commissioners and the Community Mental Health Board wish to include the Community Mental Health employees in the Merit System; and WHEREAS the Personnel Committee has the final determination as to who shall be covered within the intent of the Merit System and has determined that Community Mental Health employees, excluding the Director of Community Mental Health, shall be fully covered by the Merit System; and WHEREAS Community Mental Health employees with less than five (5) years of service currently have an annual leave accumulation rate greater than Merit System employees; and WHEREAS the Community Mental Health Board approved a change in the accumulation rate for Community Mental Health employees to be consistent with Merit System 23, provided no person or persons employed on the date of the Community Mental Health Board's decision to change the accumulation rate are substantively affected. NOW THEREFORE BE IT RESOLVED that Community Mental Health employees shall be fully covered in the Merit System and that Merit Rule 1.1.2.3. is hereby amended to delete reference to the exclusion of all Community Mental Health employees, except the Director of Community Mental Health. BE IT FURTHER RESOLVED that in concurrence with Community Mental Health Board action, that the annual leave rate of accumulation for Community Mental Health employees hired after the Community Mental Health Board's decision to change the accumulation rate shall be consistent with the current Merit System annual leave provisions. BE IT FURTHER RESOLVED that no employees hired before the Community Mental Health Board approved the change in the annual leave rate accumulation shall be affected by the annual leave accumulation rate change. BE IT FURTHER RESOLVED that the effective date of full coverage of the Community Mental Health employees in the Merit System, except the Director of Community Mental Health, shall be effective January 1, 1994. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Proposed Change In Merit System Rule on file in County Clerk's Office. (Begin action taken at November 4, 1993 Board meeting) Moved by Gosling supported by Taub the resolution be amended to read as follows: 1. Add "Submission of Change to Merit Rule 1" to title: 2. Add paragraph at beginning of resolution: "WHEREAS, Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless objection is received in writing by the Chairperson of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board; and" 3. Add paragraph before the paragraph beginning "Chairperson, on behalf...": "BE IT FURTHER RESOLVED that the reading of this notice and the Commissioners Minutes Continued. October 12, 1995 387 distribution of this notice to all Commissioners present and absent to be considered as the official submission of the Board of Commissioners of the described changes in Merit Rule 1.1.2.3." A sufficient majority having voted therefor, the amendment carried. (End of action taken at November 4, 1993 Board meeting) (Begin action taken at December 9, 1993 Board meeting) Moved by Gosling supported by Miltner the Personnel Committee Report be accepted. AYES: McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (23) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted. Moved by Gosling supported by Miltner the resolution be adopted. AYES: McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. (End of action taken at December 9, 1993 Board meeting) Following the third of three Public Hearings, Miscellaneous Resolution #93248 was before the Board of Commissioners for ratification. Moved by Huntoon supported by Holbert the resolution be ratified. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was ratified. REPORT (Misc. #94219) BY: General Government Committee, Donald Jensen, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION - PURCHASING/CONTRACTING PROCEDURES FOR COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on June 27, 1994, recommends the resolution be adopted with the following additional paragraph: BE IT FURTHER RESOLVED that all Community Mental Health contracts for providing of services and capital equipment shall be approved and authorized by the full Community Mental Health Services Board, reviewed by Oakland County Corporation Counsel, and signed by the Chairperson of the Community Mental Health Services Board. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #94219 BY: Finance Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/PURCHASING DIVISION - PURCHASING/CONTRACTING PROCEDURES FOR COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS through Public Acts 167 and 168 of 1993, the Michigan State Commissioners Minutes Continued. October 12, 1995 388 Legislature required all local units of government to conduct a sealed competitive bid process for any contract over $20,000 except where the governing body of the local unit of government exempts certain services through a written policy; and WHEREAS on February 10, 1994, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #94015 revising the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL to conform with the requirements of Public Acts 167 and 168 of 1993; and WHEREAS Miscellaneous Resolution #94015 further granted the Division of Community Mental Health a temporary exemption to the revised purchasing procedures to allow sufficient time for the Full Management Transition Team to review the impact of the public acts and recommend purchasing procedures for Community Mental Health; and WHEREAS the Full Management Transition Team has recommended to the Community Mental Health Board the proposed purchasing/contracting procedures contained in Attachment A; and WHEREAS the Community Mental Health Board approved the purchasing/contracting procedures as recommended by the Full Management Transition Team on June 21, 1994, and requests the Board of Commissioners include the recommended procedures in the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners incorporates into the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL, the Purchasing/Contracting Procedures for Community Mental Health listed in Attachment A. BE IT FURTHER RESOLVED that all Community Mental Health contracts for providing of services and capital equipment shall be approved and authorized by the full Community Mental Health Services Board, reviewed by Oakland County Corporation Counsel, and signed by the Chairperson of the Community Mental Health Services Board. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A on file in the County Clerk's office. (Begin action taken at the July 28, 1994 Board meeting) Moved by McCulloch supported by Gosling the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by McCulloch supported by Gosling the resolution be adopted. Moved by Taub supported by Gosling the resolution be amended in the Purchasing/Contracting Procedures for Community Mental Health, Section II (CONTRACT FORMAT), Item D (Responsibilities in contract development), Item 1(b), by changing the line so it reads as follows: "Develop and conduct contract performance measurements to include quality assurance measures." A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake, Dingeldey. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. (End of action taken at the July 28, 1994 Board meeting) Commissioners Minutes Continued. October 12, 1995 389 Following the third of three Public Hearings, Miscellaneous Resolution #94219 was before the Board of Commissioners for ratification. Moved by Quarles supported by Douglas the resolution be ratified. AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was ratified. REPORT (Misc. #94266) BY: General Government Committee, Donald Jensen, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH - REQUIREMENT OF NOTIFICATION OF COMMENCEMENT AND FINDINGS OF PUBLIC AND PRIVATE REVIEWS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on September 12, 1994, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #94266 BY: Shelley Taub, District #12; John McCulloch, District #22; Ruth Johnson, District #1 IN RE: DEPARTMENT OF HUMAN SERVICES/COMMUNITY MENTAL HEALTH - REQUIREMENT OF NOTIFICATION OF COMMENCEMENT AND FINDINGS OF PUBLIC AND PRIVATE REVIEWS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is engaged in a multi-faceted $100 million Community Mental Health effort in which a substantial number of mental health services and programs are administered by more than 260 County employees, as well as many mental health organizations under contract with Oakland County; and WHEREAS such a vast and complex effort necessitates the need for periodic financial, programmatic and performance reviews to monitor compliance with applicable federal and state laws, County policies and regulations, and Community Mental Health Board rules and requirements; and to ensure that the programs and services are meeting the needs of constituents and are being delivered in the most efficient, effective, and economical ways possible; and WHEREAS there have been initiated from time to time various financial, programmatic and performance reviews where notification of the commencement and findings of such have occurred unbeknownst to elected officials and officers who are responsible for the funding, provision and delivery of mental health services in Oakland County; and WHEREAS it is in the best interests of the citizens of Oakland County that notification of the commencement of all public and private financial, programmatic and performance reviews and audits, as well as all findings of same, be properly submitted to those interested elected officials and County officers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs that notification of the commencement and findings of all federal, state and local audits, public and private financial, programmatic and performance reviews, and any other applicable evaluations of Community Mental Health programs and services be submitted to the following: * Chairperson, Community Mental Health Board * Chairperson of the Board of Commissioners * County Executive BE IT FURTHER RESOLVED that all such notifications shall be submitted to Commissioners Minutes Continued. October 12, 1995 390 the elected officials and County officers referenced above no later than 5 days after commencement of the audit or review; and that findings of same shall be submitted to the elected officials and County officers referenced above no later than 5 days after receipt of any audit or review findings. BE IT FURTHER RESOLVED that notification of the commencement and findings of all such audits and reviews shall apply to the Community Mental Health Division, all County mental health services and programs, and any organization that provides mental health services and programs via a contractual arrangement with Oakland County. BE IT FURTHER RESOLVED that the Director of the Community Mental Health Division, shall be responsible for submitting notification of the commencement and findings of all audits and reviews in accordance with the provisions of this resolution. BE IT FURTHER RESOLVED that the Director shall be authorized to implement those administrative measures necessary to ensure sufficient knowledge of all audits and reviews within the Community Mental Health Division; and that all future contracts with providers of mental health programs and services call for proper notification to the Director of all audits and reviews impacting those providers within the time frames established by this resolution. Chairperson, we move the adoption of the foregoing resolution. Shelley Taub, John P. McCulloch, Ruth A. Johnson (Begin action taken at September 22, 1994 Board meeting) Moved by Jensen supported by McCulloch the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by McCulloch the resolution be adopted. Mr. Pernick made a motion to the effect that similar reporting be undertaken by all departments of County government. Motion died for lack of support. Vote on resolution: AYES: Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. (End of action taken at September 22, 1994 Board meeting) Following the third of three Public Hearings, Miscellaneous Resolution #94266 was before the Board of Commissioners for ratification. Moved by Kaczmar supported by Devine the resolution be ratified. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was ratified. MISCELLANEOUS RESOLUTION #95248 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: 1995 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATES To the Oakland County Board of Commissioners Commissioners Minutes Continued. October 12, 1995 391 Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage rate of 5.26 mills and a voted .25 mill for Parks and Recreation; and WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to apportion a .25 mill property tax rate; and WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's maximum allowable tax rate to the 1994 "Headlee" rollback (Article 9, Section 31 of the Michigan Constitution) tax rate of 4.4805 mills, a Parks and Recreation maximum allowable tax rate of .2439 mill and a Huron-Clinton Authority maximum allowable tax rate of .2236 mill; and WHEREAS Public Act 5 of 1982, "Truth in Taxation" Act, requires the County Board of Commissioners to hold a public hearing if the recommended property tax rate exceeds the adjusted Base Tax Rate of 4.3664 mills; and WHEREAS the County Executive recommends that the County tax rate be set at 4.3805 mills, 1/10th (.1) mill less than the maximum allowable tax levy as constrained by State law, equivalent to a total tax reduction of $3.3 million; and WHEREAS the Finance and Personnel Committee recommends that the 1995 County General Fund Property Tax rate be set at 4.4805 mills, and the Oakland County Parks and Recreation Tax rate be set at .2439 mill, the maximum allowable tax rate; and the Huron-Clinton Metro Park Authority Tax rate be set at .2236 mill, the maximum allowable tax rate; and WHEREAS $145,922,577 is the estimated amount of the 1996 County General Fund Budget to be raised by taxation based on the 1995 Taxable Value of all property located in Oakland County ($32,568,368,840) at the recommended rate of 4.4805 mills, together with the voted .2439 mill for Parks and Recreation of $7,943,425 and the .2236 mill for the Huron-Clinton Authority of $7,282,287. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 1995 the following tax rates to be applied to the 1995 Taxable Value of all property located within their respective jurisdictions: 1995 County Voted for Huron-Clinton General Property Tax Levy Parks and Recreation Park Authority 4.4805 Mills .2439 Mill .2236 Mill Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by McCulloch supported by Amos the resolution be adopted. Moved by Moffitt supported by Jensen the resolution be amended by adding a WHEREAS paragraph after the fifth WHEREAS paragraph to read as follows: WHEREAS the proposed 1/10 mill tax cut sends a message of encouragement to the taxpayers of this County, while not foreclosing options for responsible reserves for future contingencies; In addition, amend the NOW THEREFORE BE IT RESOLVED paragraph to reflect "4.3805 mills" instead of "4.4805 mills," effecting a tax cut of 1/10 mill. Vote on amendment: AYES: Jacobs, Jensen, Kaczmar, Kingzett, Law, Moffitt, Palmer, Powers, Quarles, Wolf, Devine. (11) NAYS: Garfield, Holbert, Huntoon, Johnson, McCulloch, Obrecht, Pernick, Schmid, Taub, Amos, Crake, Dingeldey, Douglas. (13) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Holbert, Huntoon, Jensen, Johnson, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Dingeldey, Commissioners Minutes Continued. October 12, 1995 392 Douglas, Garfield. (19) NAYS: Jacobs, Kaczmar, Kingzett, Quarles, Devine. (5) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95249 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: SHERIFF DEPARTMENT - 1995/1996 SECONDARY ROAD PATROL - ACT 416 GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #95098, the Oakland County Sheriff Department applied to the Michigan Department of State Police - Office of Highway Safety Planning for $787,520 ($676,720 - State, $110,800 - County) in grant funding from Public Act 416 to conduct Secondary Road Patrol activities for the period October 1, 1995 through September 30, 1996; and WHEREAS Oakland County has been awarded a Public Act 416 grant in the same amount as applied for; and WHEREAS sufficient funds are available in the 1995 Sheriff's budget and the 1996/1997 County Executive's Biennial Budget recommendation to cover the grant match, no additional appropriation is required; and WHEREAS the grant award includes funding to add one (1) full-time special revenue funded Sergeant position to the eight (8) Deputy II positions assigned to the grant, the Public Services Committee reviewed the additional position request at the time of grant application; and WHEREAS the additional Sergeant position necessitates the purchase of one (1) patrol vehicle, one (1) console radio, one (1) hand held radio, and one (1) mobile data terminal, at a capital cost of $28,095; funds are available in the 1995 Contingency account to cover the capital cost; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process; and WHEREAS application and/or acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approved the 1995/1996 Public Act 416 Secondary Road Patrol Grant from the State of Michigan Department of State Police in the amount of $787,520 and the 1995 Budget be amended, as specified in the attached schedule, to account for the grant. BE IT FURTHER RESOLVED that one (1) full-time, special revenue funded, Sergeant position be created in the Sheriff's Department, Protective Services Division, Traffic Unit to perform grant duties. BE IT FURTHER RESOLVED that one (1) patrol vehicle, complete with console radio, hand held radio and mobile data terminal, be added to the County fleet, with the capital cost of $28,095 being transferred from the 1995 Contingency account. BE IT FURTHER RESOLVED that the Chairperson of the Board 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. BE IT FURTHER RESOLVED that the level of service, including personnel, be contingent upon continued state funding. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Oakland County Sheriff Department 1995/1996 Secondary Road Patrol Financial Analysis on file in County Clerk's office. Moved by McCulloch supported by Holbert the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, Commissioners Minutes Continued. October 12, 1995 393 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 #95250 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES - 1995/1996 COMMUNITY CORRECTIONS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan's Department of Community Corrections awarded funding for the Oakland County Community Corrections Program in the amount of $1,998,160 for the period October 1, 1994 through September 30, 1995; and WHEREAS the Oakland County Office of Community Corrections submitted an application to the State July 7, 1995 for the continuance of this program in the amount of $2,223,164; and WHEREAS the State has awarded funding to Oakland County in the total of $1,948,044 for the period October 1, 1995 through September 30, 1996; and WHEREAS the total grant award reflects a 14.1% variance from the original application and therefore, does not need to be reviewed by the Public Services Committee per grant procedures; and WHEREAS the total grant award provides funding for the following positions: One (1) Community Corrections Administrator (171-02) One (1) Secretary I (171-02) Ten (10) Pretrial Services Investigator I (171-03) Two (2) Pretrial Services Investigator II (171-03) One (1) Clerk I (433-18) Two (2) Jail Inmate Worker (433-18) One (1) Community Corrections Intake Supervisor (433-18) Two (2) Inmate Substance Abuse Technician (433-18) One (1) Work Project Supervisor (434-15) One (1) Work Project Supervisor (434-30); and WHEREAS the Community Corrections Program (except the portion of Pretrial Services covered by the General Fund) is 100% funded by the State of Michigan Department of Community Corrections and does not require any County grant match; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the funding for the Community Corrections Program in the amount of $1,948,044 for the period October 1, 1995 through September 30, 1996 as detailed in the attached Schedule. BE IT FURTHER RESOLVED that the 1995 Adopted Budget be amended to reflect the grant award per the attached Schedule. BE IT FURTHER RESOLVED that the Community Corrections Program (except the portion of Pretrial Services currently funded by the General Fund) is to be 100% funded by the State of Michigan Department of Community Corrections, and the future level of service, including personnel, will be contingent upon the level of funding available from the State. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk's office. Commissioners Minutes Continued. October 12, 1995 394 The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #95251 By: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 1995 MOBILE HOME PARK INSPECTION AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #95098, the Health Division applied to the Michigan Department of Public Health (MDPH) for $14,431 in reimbursement funds to conduct annual environmental health inspections as well as necessary follow-up and complaint processing on mobile home parks during calendar year 1995 as required by Section 17 of 1987, Public Act 96; and WHEREAS the MDPH has awarded Oakland County a reimbursement agreement in the amount of $14,431; the same as the application; and WHEREAS $20,000 in revenue is budgeted in 1995, and acceptance of this agreement will decrease that revenue estimate by $5,569; and WHEREAS since the agreement reimburses the County for current Health Division activities, the reduction in anticipated revenue will be met with a reduction in anticipated expenditures, specifically salaries and fringe benefits for PTNE employees assigned to this function; and WHEREAS this agreement is included in the County Executive's Contract Review Process; and WHEREAS acceptance of this agreement does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1995 Mobile Home Park Inspection Agreement in the amount of $14,431. BE IT FURTHER RESOLVED the Chairperson is authorized to execute said reimbursement agreement and to approve agreement amendments up to fifteen (15) percent variance which are consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the 1995 Budget be amended as follows: Revenue 3-22100-162-20-00- 2669 Trailer Park Fees ($5,569) Expenditures 4-22100-162-20-00- 1001 Salaries ($5,017) 2070 Fringes 552) ($5,569) $ 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 Pernick 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 #95252 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 1995/1996 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #95098, the Health Division Commissioners Minutes Continued. October 12, 1995 395 applied to the Michigan Department of Public Health (MDPH) for $5,128,670 in substance abuse grant funds for the period October 1, 1995 through September 30, 1996; and WHEREAS Oakland County's 1994/1995 Substance Abuse award is the same as the application; and WHEREAS the 1995 Amended Budget includes $5,523,392 in grant revenue and expenditures for this program, acceptance of this grant will decrease the grant revenue and expense budget by $394,722; and WHEREAS the total 1995/1996 Oakland County substance abuse program effort is $5,128,670, of which $4,509,141 is state funding, $127,500 is from fees and collections, $65,754 is direct Federal funding and $426,275 is the County's contribution; and WHEREAS the County amount is included in the 1995 Adopted Budget; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS this grant has been reviewed through the County Executive's Contract review process. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the 1995/1996 Substance Abuse Grant from the Michigan Department of Public Health in the amount of $4,509,141 and authorizes the necessary amendments be made to the 1995 grant budget as detailed on the attached schedule. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of state funding for this program. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk's office. Moved by McCulloch supported by Obrecht 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. MISCELLANEOUS RESOLUTION #95253 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: APPROVAL OF TEMPORARY INMATE HOUSING AUTOMATION PROPOSAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved Miscellaneous Resolution #95146 providing for the construction of additional inmate housing and the addition of 26 positions to the Sheriff•s Department; and WHEREAS the new facility will house 200 inmates which requires between 1,000 and 2,000 notations per day to track all inmate events such as disciplinary action, trial appearances, and outside visitors; and WHEREAS without personal computers such entries would have to be done manually and forwarded to another facility for data entry causing them to be prone to error and adding to the workload of the other correctional staff; and WHEREAS it is necessary for the Sheriff•s staff at the new location to have contact with the main jail, access to the Jail Management System (JAMS), and access to the Circuit Court system to provide proper supervision of the inmates; and WHEREAS the installation of 3 personal computers, two laser printers, two mainframe terminals and two addressable printers will allow the new facility to Commissioners Minutes Continued. October 12, 1995 396 operate at maximum efficiency and provide optimum safety and security measures; and WHEREAS Information Technology estimates the start-up costs to be $65,530 (44,373 for capital and $21,157 for software and installation); and WHEREAS the annual on-going operating expenses are estimated to be $27,895 ($11,095 for depreciation and $16,800 for maintenance), operating for the balance of 1995 equals $4,650; and WHEREAS funds for the annual on-going operating expenses are available in the Office Automation Fund (909-01-00-9920); and WHEREAS funds for the start-up costs for capital and software are available in the Future Jail Operations Fund (4-10100-909-01-00-3080). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the purchase and installation of office automation equipment for the Temporary Inmate Housing Project. BE IT FURTHER RESOLVED that the 1995 Budget be amended as follows: General Fund 1995 Expenditures 909-01-00-9920 Office Automation ($ 4,650) 909-01-00-3080 Future Jail Operations ( 65,530) 433-01-00-6360 Sheriff Computer Operations 4,650 181-01-00-8615 Operating Transfer Out 65,530 TOTAL $ 0 Information Technology Fund (63600) Revenue 181-01-00-8101 Operating Transfer In $65,530 181-01-00-2037 Government Operations 4,650 $70,180 Expense 184-01-00-3304 Depreciation $ 1,849 184-01-00-3342 Equipment Repair & Maintenance 2,801 184-01-00-3701 Software 21,157 1-455-001 Est. Profit (Loss) 44,373 70,180 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 Garfield 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, Huntoon, Jacobs, Jensen. (24) NAYS: Holbert. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95254 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: WHEREAS the PATH (Projects to Assist in Transition from Homelessness) Grant Contract for FY 1995/1996 has been awarded from the Department of Mental Health, authorizing funding to Community Mental Health for the period October 1, 1995 through September 30, 1996; and WHEREAS the FY 1995/1996 total grant amount is $201,328, the same as the previous award, detailed as follows: Commissioners Minutes Continued. October 12, 1995 397 PATH Federal Funds $ 83,500 DMH State Funding 82,250 CMH Funds 21,278 Sub-Total $187,028 Agency In-Kind Contribution $ 14,300 Total Grant $201,328 and; WHEREAS the acceptance of this grant obligates Community Mental Health to matching funds in the amount $21,278, which is the same as the previous fiscal year and are being included within the FY 1995/1996 Community Mental Health budget preparation; and WHEREAS budget amendments, reflecting acceptance of this grant, will be made upon review and acceptance of the 1995/1996 Community Mental Health Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 1995/1996 PATH Grant from the Michigan Department of Mental Health, in the amount of $201,320. BE IT FURTHER RESOLVED that the Chairperson is authorized to execute the grant agreement and to approve grant extensions and changes within fifteen (15) percent variance from the original award, which are consistent with the agreement as originally approved. 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 Kingzett the resolution be adopted. 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 was adopted. MISCELLANEOUS RESOLUTION #95255 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: HEALTH BENEFIT UTILIZATION ANALYSIS AND PROPOSED BENEFIT PLAN DESIGN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the consulting firm of KPMG Peat Marwick was retained by Oakland County to assist with analyzing its current healthcare benefit plans and developing and implementing alternatives that are consistent with the County's benefit objectives; and WHEREAS in cooperation with the Fringe Benefit Review Committee a series of recommendations were made in their report dated July 20, 1995; and WHEREAS this report was received by the Finance and Personnel Committee at their meeting of July 20. NOW THEREFORE BE IT RESOLVED that KPMG Peat Marwick be authorized to move forward with the bidding and evaluation process consistent with the contents of the July 20 report. 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 Taub 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. Commissioners Minutes Continued. October 12, 1995 398 REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: APPOINTMENTS TO CANVASSING BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, reports with the recommendation that Dorothy White be appointed and Ann Edwards be re-appointed to the Canvassing Board for four-year terms, expiring October 31, 1999. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Douglas the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Kaczmar that Dorothy White be appointed and Ann Edwards be reappointed to the Canvassing Board for four year terms, expiring October 31, 1999. 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. (24) NAYS: None. (0) A sufficient majority having voted therefor, the appointments of Dorothy White and Ann Edwards to the Canvassing Board for four year terms, expiring October 31, 1999, were confirmed. MISCELLANEOUS RESOLUTION #95256 BY: General Government Committee, Kay Schmid, Chairperson IN RE: OAKLAND COUNTY POLICY ON LEGISLATIVE HEARINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it has been a long-standing practice of the County of Oakland to provide its facilities to State Legislators, Legislative Committees and State Departments for the purpose of conducting public hearings and public informational meetings; and WHEREAS having Oakland County as the venue for such public hearings and meetings provides our elected officials and citizens the opportunity to have a strong and direct voice in the laws which govern us; and WHEREAS representative democracy is at its best when all of those who are affected by new laws or amendments to laws have an opportunity to fully participate in the debate of such legislation; and WHEREAS there is a difficulty in full participation when there is an insufficient notice that such public hearing or meeting will be taking place. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners states its expressed intent to continue to provide its facilities to all State Legislators, Legislative Committees, State Departments and Agencies for the purpose of conducting public hearings and public informational meetings. BE IT FURTHER RESOLVED that Oakland County facilities for all such public hearings and meetings must be reserved at least four weeks in advance of the meeting date to allow County staff and elected officials sufficient time to fully review and to research the issues and/or legislation being proposed at the public hearing/meeting. BE IT FURTHER RESOLVED that a waiver of the four-week advance notice requirement may be granted by the Chairperson of the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that certified copies of this resolution be Commissioners Minutes Continued. October 12, 1995 399 forwarded to all Oakland County Legislators, and all Chairpersons of Michigan•s House and Senate Committees, and to the Governor. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Law the resolution be adopted. AYES: McPherson, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #95240) BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - AMENDMENT TO THE MICHIGAN MENTAL HEALTH CODE, SECTION 306 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution, 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 MISCELLANEOUS RESOLUTION #95240 BY: Health and Human Services Committee, Shelley Taub, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH • AMENDMENT TO THE MICHIGAN MENTAL HEALTH CODE, SECTION 306 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a package of amendments to the Michigan Mental Health Code has been introduced in the Legislature and is currently under consideration; and WHEREAS section 306 of the Mental Health Code is proposed to be amended to define a recipient's county of residence for purposes of financial responsibility for mental health services as "the county in which the individual maintained his or her primary place of residence at the time he or she entered...a dependent living setting, a boarding school, [or] a facility"; and WHEREAS this new language, although ambiguous, proports to maintain a financial linkage for a recipient to a county in which he or she once lived, even if the recipient has chosen to relocate and live in a general foster care home, nursing home or other "dependent" setting in another county • a linkage that does not respect consumers' freedom of choice and control over their own lives. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the proposed changes in section 306 and recommends that the section read as follows: "For the purpose of section 302, an individual's county of residence is the county in which the individual maintained his or her primary place of residence at the time he or she entered one of the following: (a) a licensed foster care facility, supported independence program or similar dependent living setting under contract with the Department or a Community Mental Health Services program, provided that the placement in such dependent living setting was made with the written agreement of the original county of residence; (b) a licensed Child Caring Institution, provided that the individual's placement was funded by the original county of residence; or Commissioners Minutes Continued. October 12, 1995 400 (c) an inpatient psychiatric facility operated by, or under contract with, the Department or a Community Mental Health Services program, provided that the hospitalization was with the written agreement of the original county of residence. If an individual is maintaining a primary place of residence in a county other than the county of residence determined by application of subsections (a) through (c) herein, the individual may, by written statement at any time, terminate his or her relationship with the original county of residence as established by this section. In such a case the individual's county of residence for the purpose of section 302 shall become that county in which the individual currently maintains his or her primary place of residence." BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the Governor, Oakland County•s state legislative delegation, the Michigan Association of Counties and all Michigan Boards of Commissioners. 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 Jacobs the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Jacobs the resolution be adopted. 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. MISCELLANEOUS RESOLUTION #95257 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 1995 LAKE LEVEL ASSESSMENTS FOR OPERATIONS AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Inland Lake Level Act No. 146 of the Public Acts of 1961, as amended by Act No. 52 of 1992, the Oakland County Drain Commissioner operates and maintains 34 level control devices/structures and 6 lake augmentation pumps that regulate the legally established water level of 51 lakes located within Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefitting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and WHEREAS Section 24 of said Act No. 52 of 1992 requires that the Drain Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000.00 annually; and WHEREAS for the year 1995 the Drain Commissioner proposes to assess 26 separate Lake Level Districts the total aggregate amount of $348,051.94 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 16 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring Board of Commissioner authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 1995, for the purpose of operating and maintaining the level of various lakes in Oakland County, the total aggregate amount of $348,051.94, being the sum total of assessments for the said year to be Commissioners Minutes Continued. October 12, 1995 401 assessed against all of the benefitting properties and government entities comprising the assessment rolls of the 26 separate Lake Level Districts itemized on the listing attached hereto, including 16 assessments in excess of $10,000.00. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1995 Lake Level Assessments on file in County Clerk's office. FISCAL NOTE (Misc. #95257) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - 1995 LAKE LEVEL ASSESSMENTS FOR OPERATIONS AND MAINTENANCE 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 #95257 and finds: 1) The resolution authorizes the Drain Commissioner to assess, levy and collect $348,051.94 against all benefitting properties and government entities comprising the assessment rolls for the purpose of operating and maintaining the level of various lakes located within Oakland County. Sixteen of the assessments exceed $10,000 and require board approval under Section 24 of the Inland Lake Level Act No. 146 of the Public Acts of 1961, as amended by Act No. 52 of 1992. 2) Due to road acreage located within district limits, the County's share of the assessments is $1,539.05 against the Non-Departmental account for Road-Commission - Drain Assessments. Funding is available for this line-item. Therefore, no budget amendment is required. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Powers the resolution be adopted. The Chairperson stated that by statute, the resolution shall lay over for thirty (30) days. MISCELLANEOUS RESOLUTION #95258 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 1995 DRAIN MAINTENANCE ASSESSMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefitting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage Districts of drains established in accordance with said Chapter 4, for operation, maintenance, cleanout and repair purposes, provided such assessments not exceed $2,500.00 per mile of drain per year, or fraction thereof; and WHEREAS for the year 1995 the Drain Commissioner proposes to assess 57 Drainage Districts the total aggregate amount of $224,317.18, for the maintenance, operation, cleanout and repair of 57 drains, all in accordance with the said $2,500.00 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners Minutes Continued. October 12, 1995 402 Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 1995, for the purpose of operating, maintaining, cleaning out and repairing 57 drains located in Oakland County, the total aggregate amount of $224,317.18, being the sum total of assessments for the said year to be assessed against all of the benefitting properties and government entities comprising the assessment rolls of the 57 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1995 Drain Assessments on file in County Clerk's office. FISCAL NOTE (Misc. #95258) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DRAIN COMMISSIONER - 1995 DRAIN MAINTENANCE ASSESSMENTS 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 #95258 and finds: 1) The resolution authorizes the Drain Commissioner to assess, levy and collect $224,317.18 against all benefitting properties and government entities comprising the assessment rolls for the purpose of operating, maintaining, cleaning and repairing 57 drains located within Oakland County. 2) The County's share of the assessment for road drainage benefit is a one time charge of $15,039.97 against the Non-Departmental account for Road-Commission - Drain Assessments. Funding is available for this expense. Therefore, no budget amendment is required. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by McPherson the resolution be adopted. The Chairperson stated that by statute, the resolution shall lay over for thirty (30) days. MISCELLANEOUS RESOLUTION #95259 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/REAL ESTATE SECTION - LEASE AGREEMENT FOR BOARD OF COMMISSIONERS - COMMUNITY MENTAL HEALTH EL CENTRO PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the closing of the Oakland County Community Mental Health Case Management Program at One Water Street, Pontiac, makes continued tenancy of the El Centro "La Familia" hispanic outreach program in the same location no longer desirable; and WHEREAS the Department of Facilities Management, Real Estate Section, has been requested by the Director of Oakland County Community Mental Health to assist in relocating the El Centro "La Familia" hispanic outreach program in the downtown area in the City of Pontiac; and WHEREAS 2,422 square feet of space has been located on the second floor at 35 W. Huron Street in the City of Pontiac, "Riker Building"; and WHEREAS the Department of Facilities Management has negotiated a lease agreement with terms and conditions as follows: 1. County to pay $11,500.00 for build-out cost (renovations). 2. Rate, base first year $12.75 per square foot with a 3% annual increase to $14.35, fifth year. 3. All costs included in rate - gas, water-sewer, heat, electricity, and janitorial. 4. Ten reserved parking spaces. 5. County to pay any increase in property taxes over base year Commissioners Minutes Continued. October 12, 1995 403 amount - pro rata share; and WHEREAS the Department of Corporation Counsel has reviewed and approves the lease agreement between the County of Oakland and Arnold W. Becker, d/b/a The Riker Building; and WHEREAS on August 24, 1995, the Oakland County Community Mental Health Services Board approved and passed a resolution accepting the lease agreement between the County of Oakland and Arnold W. Becker d/b/a Riker Building. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the lease agreement with Arnold Becker d/b/a The Riker Building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute the lease agreement between the County of Oakland on behalf of its Community Mental Health Service Board and Arnold W. Becker d/b/a The Riker Building at 35 W. Huron Street, Suite 200, Pontiac, Michigan. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease on file in County Clerk's office. The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. REPORT (Misc. #95260) BY: General Government Committee, Kay Schmid, Chairperson IN RE: FACILITIES MANAGEMENT - ENGINEERING DIVISION - COURTHOUSE BELL RESTORATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 2, 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 MISCELLANEOUS RESOLUTION #95260 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: FACILITIES MANAGEMENT/ENGINEERING DIVISION - COURTHOUSE BELL RESTORATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS 1995 is the 175th anniversary of the establishment of the County of Oakland; and WHEREAS a bell has long been recognized as a symbol of freedom in this nation; and WHEREAS the bell from the previous Pontiac Courthouse tower is celebrating its 80th anniversary; and WHEREAS the bell has been in storage for 35 years; and WHEREAS the Oakland County Historical Commission, Circuit Court and Cultural Council are desirous of restoring the bell and displaying it as a historical monument on the County Complex; and WHEREAS ringing of the bell could become a part of holiday, Law Day and other annual observances; and WHEREAS construction of the display would be performed by the Department of Facilities Management staff and the bell would be restored by the Oakland County Pioneer and Historical Society; and WHEREAS the total cost of the project is $5,000; and WHEREAS funding in the amount of $2,500 is available in the Cultural Council Special Projects account; and WHEREAS Miscellaneous Resolution #90177 established the Circuit Court Commissioners Minutes Continued. October 12, 1995 404 Mediation Fund which can be used for enhancements and improvements as requested by the Circuit Court and approved by the Board of Commissioners; and WHEREAS the Court is requesting to utilize $2,500 from the Mediation Account (1-10100-201-011) for bell restoration and installation. NOW THEREFORE BE IT RESOLVED that in observance of the 175th anniversary of the founding of Oakland County and the 80th anniversary of the bell, the bell be restored and displayed near the new North Entrance of the Courthouse. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #95260) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: FACILITIES MANAGEMENT/ENGINEERING DIVISION - COURTHOUSE BELL RESTORATION PROJECT 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 #95260 and finds: 1) The Resolution requests authorization to restore the bell from the previous Pontiac Courthouse tower and construct a base for its display near the new North Entrance of the Courthouse in observance of the 175th anniversary of the establishment of Oakland County and the 80th anniversary of the bell. 2) The total cost of the project is $5,000. 3) Funding in the amount of $2,500 is available in the Cultural Council Special Projects line item and $2,500 is also available in the Circuit Court Mediation fund. 4) The following amendment to the 1995 Budget is required: Revenue 3-10100-311-01-00-2054 Circuit Court Civil Mediation $2,500 Expenditure 4-10100-311-01-00-8404 Circuit Court Project Work Order 2,500 $ 0 Expenditure 4-10100-111-02-00-3704 Cultural Council Special Projects ($2,500) 4-10100-111-02-00-8404 Cultural Council Project Work Order 2,500 0 FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Jensen the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Jensen the resolution be adopted. Discussion followed. AYES: Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95242 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH AV TECHNOLOGY, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. October 12, 1995 405 WHEREAS AV Technology, LLC manufactures an armored vehicle called a Dragoon, and has offered to allow the Oakland County Sheriff's Department to use or demonstrate the Dragoon vehicle when it is available; and WHEREAS the Sheriff's Department foresees the possibility of emergency or other law enforcement situations when the use of a Dragoon may help prevent injuries or loss to properties of persons; and WHEREAS the Sheriff's Department would require the use of the vehicle for scheduled training purposes if the vehicle were to be used during emergency situations; and WHEREAS Miscellaneous Resolution #92052 approved by the Board of Commissioners on April 2, 1992 approved this same contract; and WHEREAS the only change in the attached contract is the Corporation name; and WHEREAS this contract has been approved consistent with the County Executive's Contract Approval Procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the attached contract with AV Technology, LLC for the use of a Dragoon Armored Vehicle by the Oakland County Sheriff's Department and authorizes the County Executive and Chairperson of the Board of Commissioners to execute the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Agreement on file in the County Clerk's office. FISCAL NOTE (Misc. #95242) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: SHERIFF'S DEPARTMENT - APPROVAL OF DRAGOON ARMORED VEHICLE USAGE CONTRACT WITH AV TECHNOLOGY, LLC 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 #95242 and finds that no additional appropriation is required. FINANCE AND PERSONNEL COMMITTEE Moved by Obrecht supported by Amos the resolution be adopted. Moved by Jacobs supported by Pernick the resolution be amended in the second WHEREAS paragraph by striking the words "or loss to properties of persons" and inserting the words "to property and/or persons, including the possible loss of life". A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #95243 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF•S DEPARTMENT - ADDITIONAL HOURS FOR COURT DEPUTY POSITIONS/COURTHOUSE SECURITY PROGRAM To the Oakland County Board of Commissioners Commissioners Minutes Continued. October 12, 1995 406 Chairperson, Ladies and Gentlemen: WHEREAS the courthouse security program was instituted in late 1992 under the direction of the Sheriff; and WHEREAS ten part-time non-eligible Court deputy positions were created for this program, funded at 1,000 hours each; and WHEREAS the Sheriff, under request from the Circuit Court and other elected officials residing in the Courthouse, needs staff to secure the northeast and east doors of the courthouse; and WHEREAS due to these requests, the Sheriff•s Department requested in 1993 and 1994 that the hours be increased and the Board of Commissioners authorized these additional hours. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes 640 additional hours for 1995 for each of the ten (10) Court Deputy positions in Sheriff/Corrective Services/Satellites/Court Detention: 4341207259 4341207264 4341207260 4341207265 4341207261 4341207266 4341207262 4341207267 4341207263 4341207268 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #95243) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: SHERIFF DEPARTMENT - ADDITIONAL HOURS FOR COURT DEPUTY POSITIONS/COURTHOUSE SECURITY PROGRAM 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 #95243 and finds: 1. The resolution authorizes an increase of 640 hours for each of the ten (10) PTNE Court Deputy positions providing security to the main Courthouse. 2. Cost for the increased hours equals $72,983, as detailed on the attached schedule. 3. Funds are available in the 1995 Sheriff's budget to cover the cost, no additional appropriation is required. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk's office. Moved by Obrecht supported by Moffitt the resolution be adopted. AYES: Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. FISCAL REPORT (Misc. #95244) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: PROBATE COURT - OAKLAND COUNTY CHILD CARE FUND BUDGET 1995-1996 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee having reviewed Miscellaneous Commissioners Minutes Continued. October 12, 1995 407 Resolution #95244 reports as follows: 1. This Child Care Fund application covers the period October 1, 1995 through September 30, 1996, and is necessary for the County to be eligible for Child Care Fund reimbursement from the State of Michigan. 2. The figures provided are estimates based on current available data and may not reflect the eventual adopted budget and/or expenditures for the program. Any changes to the County's budget necessitated by the acceptance of the 1995-1996 Child Care Fund budget will be presented during the 1996-97 budget process. 3. The application reflects $17,767,059 in gross expenditures and $3,606,430 in offsetting revenues, with the net expenditure estimated to be $14,160,629, an increase of $901,341 or 6.8% over the 1995-1996 net expenditure. 4. The State has indicated that the 1995-96 Child Care Fund expenditure cap will be $8,046,911 of which the County receives 50%. This is the same amount as the 1993-94 and 1994-95 caps. 5. Should the application be approved by the State as submitted, Oakland County will exceed the cap by $6,113,718, resulting in an effective reimbursement rate of 28.4% down from 30.3% realized for 1994-95. 6. Submission of this application will not affect the lawsuit regarding the Child Care Fund Cap. Chairperson, on behalf of the Finance and Personnel Committee, I move acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #95244 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: PROBATE COURT - OAKLAND COUNTY CHILD CARE FUND BUDGET 1995-1996 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Office of Children and Youth Services, Department of Social Services, annually; and WHEREAS the Oakland County Probate Court, County of Oakland, and the Oakland County Department of Social Services have developed the attached foster care services budget for the State's fiscal year, October, 1, 1995 through September 30, 1996; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 1995-96 Oakland County Child Care Fund Budget to the State Office of Children and Youth Services, Department of Social Services. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary on file in the County Clerk's office. Moved by Obrecht supported by Garfield the Fiscal Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Garfield the resolution be adopted. Commissioners Minutes Continued. October 12, 1995 408 AYES: Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95245 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: CIRCUIT, PROBATE AND DISTRICT COURTS - JUDICIAL SALARIES FOR 1995 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 438 of 1980 established salary ceilings of 92% of the annual salary of a Supreme Court Justice for Circuit Judges and 88% of the annual salary of a Supreme Court Justice for Probate and District Judges; and WHEREAS the maximum allowable total annual salary for Circuit Court Judges for 1995 is $106,075, for Probate Judges is $101,463, and for District Judges is $101,463; and WHEREAS the 1995 State-paid portion for Circuit, Probate and District Judges is currently $63,412 for Circuit Judges, $57,071 ($51,071 and $6,000 statutory obligation of local funds toward each Probate Judge salary) and $57,071 for District Judges; and WHEREAS the State provides standardization payments to local units of government to reimburse the local units for their contributions to judicial salaries; and WHEREAS 1995 judicial standardization payments have been established at $38,397 for each Circuit Judge, and $39,953 for each Probate and District Judge. NOW THEREFORE BE IT RESOLVED that the County supplemental salaries for Judges be increased retroactive to January 1, 1995, to the maximum local supplement permitted by law of $42,663 for Circuit Judges, $44,392 for Probate Judges, and $44,392 for District Judges. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #95245) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: CIRCUIT, PROBATE AND DISTRICT COURTS - JUDICIAL SALARIES FOR 1995 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 #95245 and finds: 1. The resolution recommends that Circuit, Probate, and District Judges salaries be increased to correspond to the maximum local supplement allowed by law. See attached schedule. 2. Maximum salary allowed by law is $106,075 ($63,412 State, $42,663 local) for Circuit, $101,463 ($51,071 State, $6,000 local statutory, and $44,392 local) for Probate and $101,463 ($57,071 State, $44,392 local) for District. 3. Standardization payments, which reimburse the local units a portion of their contribution to judicial salaries, have been increased to $38,397 for Circuit, and $39,953 for Probate and District. 4. Expenditure increases for Circuit Court are $21,114 for Salaries and $5,416 for Fringes which is partially offset by a $19,500 revenue increase. The net cost increase is $7,030. 5. Expenditure increases for Probate Court are $12,644 for Salaries and $824 for Fringes which is partially offset by a $12,000 revenue increase. The net cost increase is $644. 6. Expenditure increases for District Court are $12,930 for Salaries and $3,314 for Fringes which is partially offset by a $12,250 revenue increase. The net cost increase is $3,994. 7. The total cost increase to the County is $11,668 and is Commissioners Minutes Continued. October 12, 1995 409 available in each Courts' budget. No additional appropriation is required. 8. The 1995 Adopted Budget be amended as follows: Revenue-Non-Departmental 3-10100- 903-01-00-9311 Circuit Standardization Payment $19,500 903-01-00-9303 Probate Standardization Payment 12,000 903-01-00-9312 District Standardization Payment 12,250 $43,750 Expenditures 4-10100- 311-05-00-1001 Circuit Court Salaries $19,500 341-01-00-1001 Probate Court Salaries 12,000 322-01-00-1001 District Court- Salaries (Novi) 3,675 323-01-00-1001 District Court-Salaries (Clarkston) 1,225 324-01-00-1001 District Court-Salaries (Rochester) 3,675 325-01-00-1001 District Court-Salaries (Troy) 1,225 $43,750 $ 0 FINANCE AND PERSONNEL COMMITTEE Copy of Judicial Salary Change and Informational Update on file in the County Clerk's office. Moved by Obrecht supported by Wolf the resolution be adopted. AYES: Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95261 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1995/1996 INMATE SUBSTANCE ABUSE COORDINATING - MONITORING SERVICES GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #95098, the Sheriff Department applied to the State of Michigan Office of Drug Control Policy for $261,698 in grant funds ($157,019 - State, $104,679 - County) to operate the Inmate Substance Abuse Coordinating - Monitoring Services Program for the period October 1, 1995 through September 30, 1996; and WHEREAS the State of Michigan has awarded Oakland County a $200,000 grant ($120,000 - State, $80,000 - County), which is $61,698 (24%) less than the Commissioners Minutes Continued. October 12, 1995 410 application; and WHEREAS funds are available in the 1995 Sheriff's budget and the 1996/1997 County Executive's Biennial Budget recommendation to cover the match; and WHEREAS the grant award includes funding for one (1) additional special revenue funded Substance Abuse Technician, the additional position requires the approval of the Board of Commissioners; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 1995/1996 Inmate Substance Abuse Coordinating - Monitoring Services Grant from the State of Michigan Office of Drug Control Policy in the amount of $200,000. BE IT FURTHER RESOLVED that one (1) full-time eligible, special revenue funded, Substance Abuse Technician position be created in the Sheriff's Department, Corrective Services Division, Inmate Services Unit, to perform grant duties. BE IT FURTHER RESOLVED that the Chairperson of the Board 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. BE IT FURTHER RESOLVED that the level of service, including personnel, be contingent upon continued state funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #95261) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: SHERIFF DEPARTMENT - 1995/1996 INMATE SUBSTANCE ABUSE COORDINATING - MONITORING SERVICES GRANT ACCEPTANCE 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 #95261 and finds: 1. The State of Michigan Office of Drug Control Policy has awarded Oakland County a $200,000 grant to conduct an Inmate Substance Abuse Coordinating - Monitoring Services program for the period October 1, 1995 through September 30, 1996. 2. Of the total grant, $120,000 (60%) is state funding and $80,000 (40%) is required County match. 3. The required County match is included in the 1995 Budget and the 1996/1997 County Executive's Biennial Budget recommendation, no additional appropriation is requested. 4. The grant award included funding for one (1) additional full-time eligible, special revenue funded Substance Abuse Technician position and the reclassification of one (1) special revenue funded part-time non-eligible General Clerical position to a full- time eligible Clerk II position. The position changes require the approval of the Public Services Committee. 5. The 1995 grant revenue and expenditure budget should be amended, as detailed on the attached schedule, to reflect the new award. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk's office. Moved by Obrecht supported by Huntoon the resolution be adopted. AYES: Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, Commissioners Minutes Continued. October 12, 1995 411 McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95262 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: PROSECUTING ATTORNEY - 1995/1996 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Office of the Prosecuting Attorney submitted an application on April 11, 1995 to receive joint funding with the Oakland County Narcotics Enforcement Team (NET) from the Bryne Memorial Formula Grant and Governor's Discretionary Funds in the total amount of $486,000 (Federal - $243,000; State (NET Funds) - $73,374; County Portion - $169,626); and WHEREAS the objective of this application is to continue the Prosecuting Attorney's drug Narcotics Task Force Program (authorized originally under the Anti-Drug Abuse Act (ADAA) of 1988), to investigate and prosecute large-scale drug conspiracies operating in Oakland County; and WHEREAS the Office of the Prosecuting Attorney has been awarded a Byrne Memorial Formula Grant for the grant period of October 1, 1995 through September 30, 1996; and WHEREAS the total 1995/1996 grant award is for $401,748 (Federal - $200,874 (50%); State (NET Funds) - $50,874 (12.7%); County Portion - $150,000 (37.3%)); and WHEREAS the 1994/1995 total program is for $300,000 (State - $150,000 (50%); County - $150,000 (50%); and WHEREAS the total grant award reflects a 17.3% variance from the original grant application submitted in April, 1995; and WHEREAS the total grant award provides funding for one (1) Assistant Prosecuting Attorney IV and two (2) Assistant Prosecuting Attorney III; and WHEREAS it is recommended that one (1) Legal Secretary (position #41101- 07114) be deleted, as funding was not provided to continue this position; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 1995/1996 Narcotics Enforcement Team Grant in the amount of $401,748 (Federal - $200,874; State (NET Funds) - $50,874; County Portion - $150,000) as detailed in Schedule A. BE IT FURTHER RESOLVED that one (1) Legal Secretary position (#41101- 07114) be deleted. 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 Schedule A on file in County Clerk's office. FISCAL NOTE (Misc. #95262) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: PROSECUTING ATTORNEY - 1995/1996 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM GRANT 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 #95262 and finds: Commissioners Minutes Continued. October 12, 1995 412 1. The Office of the Prosecuting Attorney has been awarded a Byrne Memorial Formula Grant and Governor's Discretionary Funds in the amount of $401,748 (Federal - $200,874 (50%); State (NET Funds) - $50,874 (12.7%); County portion - $150,000 (37.3%). 2. The grant period is for October 1, 1995 through September 30, 1996. 3. The total grant provides funding for one (1) Assistant Prosecuting Attorney IV and two (2) Assistant Prosecuting Attorney III. 4. One (1) Legal Secretary position (#41101-07114) is recommended to be deleted, as funding was not provided to continue this position. 5. An amendment to the 1995 Adopted Budget is recommended per Schedule B. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule B on file in County Clerk's office. Moved by Obrecht supported by Kingzett the resolution be adopted. AYES: Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95263 BY: Shelley Taub, District #12; Ruth Johnson, District #1; John McCulloch, District #22; Dan Devine, Jr., District #14 IN RE: DEPARTMENT OF SOCIAL SERVICES - AMENDMENT TO CHILD PROTECTION LAW, PUBLIC ACT 238 of 1975, and PUBLIC ACT 1978 #642-424 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS protection of children is of foremost concern; and WHEREAS an important aspect of child protection is knowledge of abusive human behavior; and WHEREAS the Michigan Department of Social Services obtains information on known child abusers; and WHEREAS access to known child abusers information maintained by the Michigan Department of Social Services is important to help insure that known child abusers are not hired, licensed or certified, nor allowed to volunteer in child care facilities, schools or to function as guardians; and WHEREAS the Child Protection Law, Public Act 238 of 1975, as amended, [MCL 722.627, section 7.1 (k) and (l)] should be revised to also include •guardianships• in order to fully protect children; and WHEREAS Public Act 1978, #642-424, as amended [700.424, section 424(1)] should be amended in order to fully protect children. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners requests that the Department of Social Services• records for known child abusers shall be made accessible to child care institutions, probate courts and other legally responsible entities. BE IT FURTHER RESOLVED that before guardianship of a child is granted, a criminal records review will be conducted by the placement agency and such information shall be shared with child care institutions, Probate Court and any other legally responsible entities. BE IT FURTHER RESOLVED that the Child Protection Law, Public Act 238 of 1975, as amended, [MCL 722.627, Section 7, (1) (k) and (l)] be amended as follows: (k) A child placing agency licensed under Act No. 116 of the Public Acts of 1973, being sections 722.111 to 722.128 of the Michigan Compiled Laws for the purpose of investigating an applicant for adoption, a foster care applicant or licensee or an employee of a foster care applicant or licensee, an adult member of an applicant•s or licensee•s household, or other persons in a foster Commissioners Minutes Continued. October 12, 1995 413 care or adoptive home who are directly responsible for the care and welfare of children, to determine suitability of a home for adoption, or foster care OR A GUARDIANSHIP. The child placing agency shall disclose the information to a foster care applicant or licensee under Act No. 116 of the Public Acts of 1973, or to an applicant for adoption. (l) Juvenile court staff authorized by the court to investigate foster care applicants, GUARDIANSHIPS and licensees, employees of foster care applicants and licensees, adult members of the applicant•s or licensee•s household, and other persons in the home who are directly responsible for the care and welfare of children, for the purpose of determining the suitability of the home for foster care. The court shall disclose this information to the applicant or licensee. BE IT FURTHER RESOLVED that Public Act 1978, #642-424, as previously amended, be amended to read •700.424 Appointment of guardian of minor; Visitation and contact by parents sec. 424(1). A person interested in the welfare of a minor, of a minor if 14 years of age or older, may petition for the appointment of a guardian of the minor. The court may SHALL order the department of social services or an employee or agent of the Court to conduct an investigation of the proposed guardianship and file a written report of the investigation. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor and all Oakland County legislators. Chairperson, I move the adoption of the foregoing resolution. Shelley G. Taub, Ruth Johnson, Dan Devine, John McCulloch The Chairperson referred the resolution to the Health and Human Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #95264 BY: Shelley Taub, District #12; Ruth Johnson, District #1; Nancy Dingeldey, District #11 IN RE: DEPARTMENT OF HUMAN SERVICES - SINGLE INITIAL INTAKE FORM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS most often individuals applying for assistance are asked the same basic information over and over again; and WHEREAS as part of a collaborative or wraparound effort human service agencies must share basic information; and WHEREAS several Oakland County human service agencies have expressed an interest in utilizing a single intake form and networking information to end duplication of effort. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the establishment of a task force consisting of one representative from the following groups: Department of Social Services Children's Village Department of Human Services Health and Human Services Committee Community Mental Health Services General Government Committee Probate Court One Commissioner At-Large BE IT FURTHER RESOLVED that the purpose of the task force is to plan for the implementation of a single intake form. Chairperson, I move the adoption of the foregoing resolution. Shelley Taub, Ruth Johnson, Nancy Dingeldey The Chairperson referred the resolution to the Health and Human Services Committee. There were no objections. Commissioners Minutes Continued. October 12, 1995 414 MISCELLANEOUS RESOLUTION #95265 BY: John P. McCulloch, District #22; Jeff Kingzett, District #7 IN RE: CREATION OF MILLAGE REDUCTION FUND To the Oakland County Board of Commissioners Ladies and Gentlemen: WHEREAS Oakland County•s financial statements show that the County maintains more than 160 separate funds for purposes large and small; and WHEREAS these funds are established to account for earmarked or dedicated revenue; and WHEREAS from time to time permanent cost savings are realized by cutting expenditures or increasing efficiencies; and WHEREAS unless those permanent cost savings are used to reduce Oakland County•s millage rate, the benefit of such savings are not apparent to the taxpayers; and WHEREAS no fund exists to account for excess revenues dedicated to relieving the tax burden on Oakland County residents and businesses. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby establishes a Millage Reduction Fund. BE IT FURTHER RESOLVED that funds will be placed in the Millage Reduction Fund in the following ways: 1) The annual amount of permanent savings and efficiencies realized during the course of a budget year may be placed into the Millage Reduction Fund as those changes are made, based on a majority vote of the Oakland County Board of Commissioners; or 2) Permanent savings and efficiencies realized in the budget process may be placed into the Millage Reduction Fund; or 3) Any other money which the Board of Commissioners may place into the Millage Reduction Fund. BE IT FURTHER RESOLVED that transfers from this fund for any purpose other than millage reduction may be done only following a 28-day notice and public hearing. Chairperson, we move the adoption of the foregoing resolution. John P. McCulloch, Jeff Kingzett The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: GENERAL GOVERNMENT a. Chief Justice Brickley's Address to the Legislature b. Senate Judiciary Hearing - Juvenile Justice Reform c. Friend of the Court Association Resolution d. Iron County Board of Commissioners - (Oppose) SB525, Mental Health Code PLANNING AND BUILDING a. Michigan DNR - Triennial Inspection of Lake Level Control Dams PUBLIC SERVICES a. Chief Justice Brickley's Address to the Legislature b. Senate Judiciary Hearing - Juvenile Justice Reform c. Friend of the Court Association Resolution d. Michigan DNR - Sheriff's Department 1995 Special Equipment Grant e. Michigan DNR - Sheriff's Department 1995 Special Equipment Dive Grant f. Michigan DNR - Sheriff's Department 1994 Marine Safety Program Reimbursement OTHERS Management and Budget a. Equalization - Ind. Fac. Ex. Certificate No. 86-615 Revocation, Commissioners Minutes Continued. October 12, 1995 415 Durr Automation, Inc., Springfield Township b. Equalization - Ind. Fac. Ex. Certificate, Custom Design, City of Auburn Hills There were no objections to the referrals. The meeting adjourned at 11:04 A.M. to the call of the Chair or October 26, 1995 at 9:30 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson