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HomeMy WebLinkAboutMinutes - 1995.10.26 - 8198 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 26, 1995 Meeting called to order by Chairperson Larry Crake at 9:44 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, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24) ABSENT: McPherson (with notice). (1) Quorum present. Invocation given by Commissioner Charles Palmer. Pledge of Allegiance to the Flag. Moved by Wolf supported by Pernick the minutes of the October 12, 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: ITEM ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE c. District Court - Request to Hire Outside Counsel (Reason for suspension of General Government item: Waiver of Rule XXI, Procedure to bring matters before the Board. (Direct Referral to the Finance Committee)) ITEM NOT ON PRINED AGENDA FINANCE AND PERSONNEL COMMITTEE e. Personnel Department - Change in Merit Rule 3, Creation of Classification Determination Subcommittee (Reason for suspension of Finance and Personnel Committee item: Waiver of Rule III, Agenda Items. Finance Meeting Held on 10/25/95) AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, 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. The Clerk read a letter from Commissioner Lawrence Obrecht, resigning from the Community Mental Health Board, effective November 10, 1995. The Clerk read a letter from Chairperson Larry Crake, appointing Commissioner Nancy L. Quarles to replace Jeff Kingzett on the Community Development Advisory Council for the remainder of the term ending April 30, 1996. There being no objections, the appointment was confirmed. Commissioner Lawrence Pernick addressed the Board. REPORT (Misc. #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: The Finance and Personnel Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance and Personnel Committee, I move acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE 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. The resolution was laid on the table. There were no objections. MISCELLANEOUS RESOLUTION #95266 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 1995/1996 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Social Services, Office of Child Support has approved Oakland County Friend of the Court's 1995/1996 Medical Support Enforcement Reimbursement Contract; and WHEREAS this new, 100% funded reimbursement contract award covers the period of October 1, 1995 through September 30, 1996 and has a less than 15% variance from application; and WHEREAS the award totals $200,874, of which $160,874 is for creation of four (4) new special revenue funded positions: two (2) Clerk III and two (2) FOC Support Specialists, and $40,000, for operations. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the 1995/1996 Medical Support Enforcement Reimbursement Contract with the Michigan Department of Social Services. BE IT FURTHER RESOLVED the Board also approves the creation of four (4) new Special Revenue funded positions in the Friend of the Court: two (2) Friend of the Court Support Specialist positions and two (2) Clerk III positions. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the reimbursement agreement and to approve minor changes and 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. BE IT FURTHER RESOLVED amendments to the 1995 Special Revenue Fund Budget be made as follows: Revenue 3-xxxxx-312-01-00- xxxx Medical Support Enforcement $200,874 Expenditures 4-xxxxx-312-01-00- 1001 Salaries $108,114 2070 Fringe Benefits 52,760 4909 Postage 10,000 6360 Computer Services - Operations 20,000 6670 Stationery Stock 5,000 6750 Telephone Communications 5,000 $200,874 $ 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 Taub the resolution be adopted. 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 adopted. MISCELLANEOUS RESOLUTION #95267 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT - APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS your Finance and Personnel Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the County Tax Roll, and has checked these documents with the pertinent laws, specifically Section 37 General Property Tax Laws, and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by M.C.L. 211.24E, M.C.L. 211.34, M.C.L. 211.34D, and M.C.L. 211.34E of the General Property Tax Laws, authorized to be spread against state equalized valuations, which certificates are submitted herewith and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Clerk to sign these certificates; and WHEREAS the electorate of the State of Michigan amended Article IX of the Constitution and added Section 36; and WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General Property Tax Act and the 1976 State School Code, as amended; and WHEREAS the certified rates are subject to M.C.L. 211.36 which will allow additional millage to be voted up to and including December 7, 1995 for schools and to September 30, 1995 for taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval before they could be spread. WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead and non-homestead property taxes in accordance with this report. NOW THEREFORE BE IT RESOLVED that this Board adopt the attached certificates from the Finance and Personnel Committee with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Clerk be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the taxable valuation set forth herein for 1995. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of attachments on file in County Clerk's office. Moved by McCulloch supported by Powers the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95268 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: MANAGEMENT AND BUDGET - CONTINUATION OF COMPUTERIZED BASE MAPPING SYSTEM PROJECT AND ADDITIONAL PERSONNEL ACTIONS TO EXPEDITE THE CONVERSION PROCESS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #95131, dated May 11, 1995 the Board of Commissioners authorized the Computerized Base Map Pilot Project; and WHEREAS all hardware and software has been delivered and installed; and WHEREAS the majority of the consulting tasks associated with the project and preliminary Data Base Design and Data Base Conversion documents have been completed; and WHEREAS Equalization Division staff have been trained on the Genasys software and have completed Sections 23, 24, and 26 for the City of Rochester Hills; and WHEREAS Equalization staff will continue to work on the project on an overtime basis; and WHEREAS based on the sections completed to date, the GIS Committee feels the coordinate geometry approach will provide the most accurate base map to meet the needs of the County and the local communities; and WHEREAS significant interest in the base map project has been expressed by numerous Oakland County communities; and WHEREAS many of these communities have requested to be targeted as the next area for base map conversion; and WHEREAS it is not possible to be responsive to these requests in a timely manner utilizing existing in-house staff; and WHEREAS the conversion is more labor intensive due to the conversion of 42 layers of data from the base map to provide a better foundation for future GIS efforts; and WHEREAS the project manager for the Computerized Map Pilot project is a full-time employee in the Equalization Division and is in a classification that is not eligible for overtime; and WHEREAS the Personnel Department has reviewed duties and responsibilities for this employee and recommends a temporary supplemental pay be established at the rate of $316 per week to compensate this individual for additional project manager responsibilities requiring regular evening and Saturday work shifts; and WHEREAS it is recommended to upward reclassify two Engineering Aide II positions in the Mapping Unit to Engineering Technician to reflect additional lead worker responsibilities; and WHEREAS the Equalization Division is requesting to support the conversion process with the creation of four (4) full-time non-eligible Engineering Aide II positions at 2,080 hours each which will be multifilled with PTNE employees; and WHEREAS funding for the new position and overtime costs is available in the Non-Departmental Reserve Account for Salary Adjustments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the continuation of the Computerized Base Map Project. BE IT FURTHER RESOLVED that retroactive to October 7, 1995 a temporary supplemental pay rate of $316 per week be paid to the Supervisor - Land Description and Mapping, who is assigned project manager responsibilities; and BE IT FURTHER RESOLVED to upwardly reclassify two Engineering Aide II positions (#19401-00676 and 06863) to Engineering Technician; and BE IT FURTHER RESOLVED to create four (4) full-time non- eligible Engineering Aide II positions at 2,080 hours each; and BE IT FURTHER RESOLVED that the supplemental pay and new positions be established through December 31, 1996 and reviewed again during the 1997 budget process to determine the need for continuation; and BE IT FURTHER RESOLVED that the 1995 Budget is amended as follows: 4-10100-909-01-00-9901 Salary Adjustment ($31,145) 4-10100-194-01-00-1001 Equalization Salaries 18,715 4-10100-194-01-00-1002 Equalization Overtime 4,500 4-10100-194-01-00-2075 Equalization Fringe Benefits 7,930 $ 0 BE IT FURTHER RESOLVED that funding for the personnel actions listed above be considered in the 1996 Budget process. 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: Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95269 BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: PERSONNEL DEPARTMENT - CHANGE IN MERIT RULE 3, CREATION OF CLASSIFICATION DETERMINATION SUBCOMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS currently Merit Rule 3.4 calls for the Personnel Committee to act as the final County appeal body on classification matters, hearing appeals of the Personnel Department's determinations; and WHEREAS the Personnel Committee referenced in Merit Rule 3 no longer exists and has been replaced by the Finance and Personnel Committee; and WHEREAS to facilitate future classification appeal hearings, it is proposed to create a Classification Determination Hearing Subcommittee to consist of three members and an alternate to act as the hearing body on classification matters; and WHEREAS this Classification Determination Hearing Subcommittee will hear classification appeals and report findings of fact and a recommendation to the Finance and Personnel Committee; and WHEREAS the Finance and Personnel Committee will review the Subcommittee's findings of fact and recommendations and make a final determination on the classification appeal; and WHEREAS a proposed Merit Rule change establishing a Classification Determination Hearing Subcommittee has been reviewed and approved by the Finance and Personnel Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed Merit Rule change, a copy of which is attached. BE IT FURTHER RESOLVED that the Chairperson of this Board on behalf of the County of Oakland, is authorized to execute this Merit System Rule change, consistent with the provisions of Miscellaneous Resolution #4606, Section IV, A. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of proposed Merit Rule change on file in County Clerk's office. The Chairperson stated that by statute, the resolution shall lay over for 30 days. There were no objections. REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: COMMUNITY MENTAL HEALTH SERVICES BOARD APPOINTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the appointment of Maxine Brickner, Dr. Stephen G. Landau, and Julia M. Matthews to the Community Mental Health Services Board to the three vacancies currently existing on this Board, with the respective terms to be determined by the full Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the 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 Douglas the General Government Committee Report be amended to show term expiration dates, as follows: Dr. Stephen G. Landau term expiring 12/31/97 Maxine Brickner term expiring 12/31/96 Julia M. Matthews term expiring 12/31/95. A sufficient majority having voted therefor, the amendment carried. Moved by Schmid supported by Douglas the appointments of Maxine Brickner (term ending 12/31/96), Dr. Stephen G. Landau (term ending 12/31/97) and Julia M. Matthews (term ending 12/31/95) to the Community Mental Health Services Board, be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: APPOINTMENT TO THE SOCIAL SERVICES BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the appointment to the Social Services Board reports with the recommendation that Chester W. Koop be reappointed to the Social Services Board for a three-year term, expiring 10/31/98. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Kaczmar the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Kaczmar that Chester W. Koop be reappointed to the Social Services Board for a three-year term, expiring 10/31/98. A sufficient majority having voted therefor, the appointment of Chester W. Koop to the Social Services Board for a three-year term, expiring 10/31/98, was confirmed. MISCELLANEOUS RESOLUTION #95270 BY: General Government Committee, Kay Schmid, Chairperson IN RE: DISTRICT COURT - REQUEST TO HIRE OUTSIDE COUNSEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS an appeal of a contempt order issued by District Judge James P. Sheehy (52-3) was filed by the Oakland County Prosecutor's Office; and WHEREAS a 60 day extension in which to answer the appeal was given by the Prosecutor's Office to Judge Sheehy; and WHEREAS the Office of Corporation Counsel has declined representation based on conflict of interest and recommends initiating proceeding with outside legal counsel as per County procedure and policy; and WHEREAS the legal expense for the representation of Judge Sheehy's interest in this matter is estimated to be approximately $3500.00; and WHEREAS Miscellaneous Resolution #8082, adopted July 21, 1977 provides that outside legal counsel shall be employed only through the Office of Corporation Counsel and be approved by a majority vote of the members of the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the hiring of outside legal counsel as approved by the Office of Corporation Counsel to represent Judge James P. Sheehy in Circuit Court appeal #95- DA6423 AR pursuant to the policy established in Miscellaneous Resolution #8082. BE IT FURTHER RESOLVED that the General Government Committee recommends that an amount not to exceed $3,500.00 be appropriated. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #95270) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: DISTRICT COURT 52/3 - REQUEST TO HIRE OUTSIDE COUNSEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #95270 and finds: 1) The 52nd District Court 3rd Division has requested funding for outside legal counsel as per County procedure and policy. 2) The Office of Corporation Counsel has declined representation based on a conflict of interest. 3) The Oakland County Board of Commissioners approves the hiring of outside legal counsel as approved by the Office of Corporation Counsel to represent Judge James P. Sheehy pursuant to policy established in Miscellaneous Resolution #8082. 4) The 1995 Budget should be amended as specified below: Non-Departmental 4-10100-909-01-00-9900 Contingency ($ 3,500) District Court Expense 4-10100-115-01-00-3105 Legal Expense 3,500 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Schmid supported by Obrecht the resolution be adopted. Moved by Devine supported by Obrecht the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph to read as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the hiring of outside legal counsel in conformance with the provisions of Miscellaneous Resolution #90016 as approved by the office of Corporation Counsel to represent Judge James P. Sheehy in Circuit Court Appeal #95-DA6423 AR pursuant to the policy established in Miscellaneous Resolution #8082. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: 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, as amended, was adopted. MISCELLANEOUS RESOLUTION #95271 BY: General Government Committee, Kay Schmid, Chairperson IN RE: PUBLIC TRANSPORTATION ALTERNATIVES TASK FORCE - EXTENSION OF REPORTING TIME FRAME To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners authorized the creation of a Public Transportation Alternatives Task Force in Miscellaneous Resolution #95085; and WHEREAS the mission of this task force was to consider alternative funding and transportation proposals to the SMART proposal; and WHEREAS the Public Transportation Alternatives Task Force was directed to report its findings to the General Government Committee and the Finance and Personnel Committee within six (6) months of the adoption of Miscellaneous Resolution #95085; and WHEREAS the Board of Commissioners expanded the responsibilities of the Public Transportation Alternatives Task Force in Miscellaneous Resolution #95182 by directing that the task force establish the parameters for certified performance audits for all transportation services providers; and WHEREAS by virtue of the expansion of its responsibilities, the Public Transportation Alternatives Task Force will need additional time to formulate and report its findings to the General Government Committee and the Finance and Personnel Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a six-month extension to the reporting time frame as established for the Public Transportation Alternatives Task Force in Miscellaneous Resolution #95085. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Quarles the resolution be adopted. AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #95213) BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS - PROCEDURE FOR SALE AND PURCHASE OF PROPERTY (AMENDMENT TO MISCELLANEOUS RESOLUTION #91090) 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 and attached procedure be amended as follows: Amendment to the Resolution: WHEREAS Oakland County Board of Commissioners, by adoption of Miscellaneous Resolution #91090, has established the procedures for the sale of County property which safeguards the publics interest; and by establishing a policy tha t ensures that land will not be sold, purchased or leased at less than appraised value; and Amendment to the Attachment: Paragraph d., line 4, change rice to --price--; Paragraph f., line 3, change purchase to -- acquisition--. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #95213) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS - PROCEDURE FOR SALE AND PURCHASE OF PROPERTY (AMENDMENT TO MISCELLANEOUS RESOLUTION #91090) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on October 17, 1995, reports with the recommendation that the resolution be adopted with amendments as recommended in the Report of the General Government Committee. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #95213 BY: David L. Moffitt, County Commissioner, District #18; Thomas A. Law, County Commissioner, District #13 IN RE: BOARD OF COMMISSIONERS - PROCEDURE FOR SALE AND PURCHASE OF PROPERTY (AMENDMENT TO MISCELLANEOUS RESOLUTION #91090) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Board of Commissioners, by adoption of Miscellaneous Resolution #91090, has established the procedures for the sale of County property which safeguards the public's interest by establishing a policy that ensures that land will not be sold, purchased or leased at less than appraised value; and WHEREAS Miscellaneous Resolution #91090 has been incorporated into the Rules of the Oakland County Board of Commissioners; and WHEREAS the charge of Miscellaneous Resolution #91090 should be clarified to add more inclusive language. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends Miscellaneous Resolution #91090 per the attached Procedure for Sale and Purchase of Property. Chairperson, we move the adoption of the foregoing resolution. David L. Moffitt, Thomas A. Law Copy of Procedure for Sale and Purchase of Property on file in County Clerk's office. The Chairperson referred the resolution to the Finance and Personnel Committee. Commissioners Moffitt and Law objected to the referral. After listening to the Commissioners' comments, the Chairperson stated the resolution would be referred to the Finance and Personnel Committee. MISCELLANEOUS RESOLUTION #95272 BY: Health and Human Services Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL CARE FACILITY - CONTINUATION OF CURRENT MAINTENANCE OF EFFORT RATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan is interested in increasing the County maintenance of (financial) effort rate (MOE) for county operated medical care facilities pursuant to section 400.109 of Public Act 352 of the Public Acts of 1994; and WHEREAS Senate Bill 425, as submitted, maintains the county maintenance of effort rate at the current level through December 31, 2000; and WHEREAS increasing the maintenance of effort rate would result in an Oakland County obligation of $34,736 in the first year and a potential of $34,736 increase in this rate in each subsequent year thereafter; and WHEREAS this increase in maintenance of effort rate would create an unnecessary and undesirable burden on County government operation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is opposed to any further cost shifting to County government. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports continuation of the freeze of the current county maintenance of effort rate. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN SERVICES COMMITTEE The Chairperson referred the resolution to the General Government Committee. There were no objections. REPORT (Misc. #95263) BY: Health and Human Services Committee, Shelley G. Taub, Chairperson 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: The Health and Human Services Committee, having reviewed the above-referenced resolution on October 18, 1995, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Health and Human Services Committee, I move the acceptance of the foregoing report. HEALTH AND HUMAN SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #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 p rotect 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 re cords 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 applicants or licensees household, or other persons in a foster 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 applicants or licensees household, and oth er 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 App ointment 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 General Government Committee. There were no objections. REPORT (Misc. #95264) BY: Health and Human Services Committee, Shelley G. Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES - SINGLE INITIAL INTAKE FORM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Health and Human Services Committee, having reviewed the above-referenced resolution on October 18, 1995, reports with the recommendation that the resolution be adopted with the following amendments: 1. Delete Childrens Village from the group listin g. 2. Change the NOW THEREFORE BE IT RESOLVED paragraph from a task force to the Single Initial Intake Form A d Hoc Committee. 3. Change the BE IT FURTHER RESOLVED paragraph from task force to Single Initial Intake Form Ad Hoc Commit tee. 4. Add a second BE IT FURTHER RESOLVED paragraph to read: BE IT FURTHER RESOLVED that the Single Initial Intake Form Ad Hoc Committee report back to the Health and Human Services Committee by April 1, 1996. Chairperson, on behalf of the Health and Human Services Committee, I move the acceptance of the foregoing report. HEALTH AND HUMAN SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #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. 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 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. FISCAL NOTE (Misc. #95259) BY: Finance and Personnel Committee, John P. McCulloch, Chairperson IN RE: 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: Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #95259, and finds: 1) The resolution requests authorization and acceptance of a lease agreement for 2,422 square feet of space at 35 W. Huron Street, Pontiac to be utilized by the El Centro "La Familia" hispanic outreach program of Community Mental Health. 2) The agreement, with Arnold W. Becker d/b/a The Riker Building, is for a period of five years, December 1, 1995 through November 30, 2000, at a rate of $12.75 per square foot with an annual 3% increase to $14.35 in the fifth year. 3) This cost has been incorporated in the 1995-1996 Community Mental Health State Spending Plan. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Jacobs the resolution be adopted. AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #95273 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF DEPARTMENT - ACCEPTANCE OF 1995/1996 CHARITABLE INSTITUTION AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Agriculture, through the Michigan Department of Education, distributes surplus food to charitable organizations; and WHEREAS the Oakland County Sheriff Department qualifies as a charitable organization under the guidelines and is eligible to receive surplus food; and WHEREAS receipt of this surplus food reduces County cost for Sheriff Department operations by decreasing the use of General Fund dollars to purchase food supplies; and WHEREAS the agreement has been reviewed through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the attached 1995/1996 Charitable Institution Agreement with the United States Department of Agriculture and the Michigan Department of Education. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 1995/1996 Charitable Institution Agreement on file in the County Clerk's office. The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #95274 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: PROSECUTING ATTORNEY - GRAND JURY APPROPRIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS upon petition of the Oakland County Office of the Prosecutor, the Oakland County Circuit Court authorized a 17- member Citizen's Grand Jury (scheduled to begin near year-end of 1995), for a six-month term with an option to extend the term an additional six months; and WHEREAS the Grand Jury is empowered to investigate unsolved murders, the illegal possession, distribution, manufacture, and/or delivery of controlled substances, and conspiracies or attempt to commit these offenses; and WHEREAS the Prosecuting Attorney's Office under the coordination of Chief Assistant Prosecutor, Lawrence J. Bunting, with the assistance of existing staff resources, shall be responsible for all costs for the implementation and convening of the Citizen's Grand Jury; and WHEREAS a budget adjustment of $50,000 for operating expenses will be necessary to conduct the Grand Jury proceedings as estimated by the Prosecuting Attorney. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of $50,000 to defray operating expenses for the 1995-1996 term of the Citizens Grand Jury, with funding provided from within the Prosecuting Attorney's Budget. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. Moved by Obrecht supported by Amos to reconsider Miscellaneous Resolution #95261, SHERIFF'S DEPARTMENT - 1995/1996 INMATE SUBSTANCE ABUSE COORDINATING - MONITORING SERVICES GRANT ACCEPTANCE. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to reconsider carried and Resolution #95261 was before the Board. 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 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. (action taken at October 12, 1995 Board meeting) 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, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. (end of action taken at October 12, 1995 Board meeting) (action taken at October 26, 1995 Board meeting) Moved by Obrecht supported by Amos to amend the Fiscal Note to agree with the resolution by amending number 4 to eliminate "and the reclassification of one (1) special revenue funded part- time, non-eligible General Clerical position to a full-time eligible Clerk II position" and, in the following sentence eliminate "changes require" and replace with "change requires". A sufficient majority having voted therefor, the amendment carried. Moved by Obrecht supported by Amos the resolution, as amended, be adopted. AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #95275 BY: Shelley Taub, District #12; Kay Schmid, District #17; Sue Ann Douglas, District #8 IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - SUPPORT FOR COMPLETING IMMUNIZATIONS BY AGE 1 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS children are one of our most important resources; and WHEREAS in order to protect this valuable resource, it is extremely important that infants are fully immunized at age one; and WHEREAS Michigan has the lowest immunization rate in the country, with only approximately 50% of two-year-old children fully vaccinated, a rate which greatly increases the risk of serious diseases, such as pertussis, diphtheria and polio; and WHEREAS it is necessary to improve the publics aw areness of the need to properly immunize children and the availability of free vaccine programs. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners supports increased efforts to fully immunize children at age one according to the attached schedule. Chairperson, I move the adoption of the foregoing resolution. Shelley G. Taub, Kay Schmid, Sue Ann Douglas Copy of Recommended Childhood Immunization Schedule on file in the County Clerk's office. The Chairperson referred the resolution to the Health and Human Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #95276 BY: David L. Moffitt, Commissioner, District #18; Dennis N. Powers, Commissioner, District #10; Thomas A. Law, Commissioner, District #13; Dan Devine, Jr., Commissioner, District #14; John P. McCulloch, Commissioner, District #22 IN RE: OPPOSITION OF THE OAKLAND COUNTY BOARD OF COMMISSIONERS TO CERTAIN ASPECTS OF PROPOSED COURT REFORMATION BY THE SUPREME COURT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Chief Justice of the Michigan Supreme Court James Brickley addressed a joint session of the Legislature to outline the Supreme Courts plan to improve the jus tice system; and WHEREAS various administrative features of the Courts program involve significant changes in County government operation as it relates to Court services support and operation; and WHEREAS certain recommendations of the Supreme Court and their potentially negative impacts upon Oakland County include the development of a Statewide Computerized Information System which our Board of Commissioners in consultation with the County Clerk, opposes; and WHEREAS Oakland County has a highly developed system of information delivery, and is developing a comprehensive system of access to County information involving the Internet; conversely, the States Computer Support Enforcement System, de veloped by Supreme Court Administration Office (SCAO) has been an unqualified disaster; and WHEREAS the proposal to bring essential court services wholly within the judicial branch of government, as currently understood, is opposed by the Oakland County Board of Commissioners, in consultation with its County Clerk, as the function of record keeping is effectively managed by County Clerks office, a constitutionally created public o ffice (Michigan Constitution Art VI, Section 14) and is professionally staffed, has the advantages of the Countys Informa tion Technology Systems, and is locally accessible to continued rapid developments in the fast moving info-sharing field; and WHEREAS Oakland County wishes to maintain its level of technical and service excellence, not to be reduced to the lowest common denominator often inherent in attempted centralization and consolidation effort a statewide basis can involve; and WHEREAS the Supreme Court, despite having sole authority over rule-making for court organization, changed without extensive prior publication or known requests for comments from the bar the Chief Judge rule, wherein the Chief Judge of a local Circuit Court is now selected by the Supreme Court, instead of having approval power over Chief Judge selection; and WHEREAS continued diminished ability of the local Circuit Courts to select their own Chief Judge does not facilitate improved communication between the legislative and judicial aspects of County government; and WHEREAS criticism from the legal community and bench of the Supreme Courts proposed reforms is understandably muted, and, in the case of the Chief Judge Rule, same not having been offered for comment or criticism at all, making constructive comment by directly elected representatives of the people of enhanced value in further court reform policy development. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby express its grave concern and qualified opposition to the Michigan Supreme Court s proposal to alter the management and organization of court support services without thorough consideration of its impact upon County government and its operations. BE IT FURTHER RESOLVED that certified copies of this resolution be sent to all of Oakland Countys Legis lators, the Senate Judiciary Committee, the House Judiciary and Civil Rights Committee, the State Court Administrator, Oakland County Court Administrator, County Clerk and the Countys Legisl ative Agent. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt, John P. McCulloch, Dennis N. Powers, Thomas A. Law, Dan Devine, Jr. The Chairperson referred the resolution to the General Government Committee. There were no objections. The meeting adjourned at 10:18 A.M. to the call of the Chair or November 9, 1995 at 9:30 A.M. LYNN D. ALLEN LARRY CRAKE Clerk Chairperson