HomeMy WebLinkAboutMinutes - 1996.01.04 - 8201
1
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
January 4, 1996
Meeting called to order by County Clerk Lynn D. Allen at 6:05 P.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,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24)
ABSENT: Moffitt. (1)
Quorum present.
Invocation given by Commissioner Dennis Powers.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Pernick the minutes of December 7, 1995 be
approved, as printed.
A sufficient majority having voted therefor, the motion to approve the
minutes carried.
Moved by Wolf supported by Dingeldey to approve and close the Journal for
the 1995 Session and adjourn the 1995 Session Sine Die.
A sufficient majority having voted therefor, the motion carried.
ANNUAL SESSION
Moved by Wolf supported by Taub the agenda be approved, as printed.
A sufficient majority having voted therefor, the motion to approve the
agenda carried.
Clerk read letter of thanks from the Board of Commissioners' staff,
thanking the commissioners for the Christmas gift certificates.
Moved by Wolf supported by Dingeldey to adopt the Temporary Rules.
AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
Commissioners Minutes Continued. January 4, 1996
2
A sufficient majority having voted therefor, the Temporary Rules were
adopted.
Moved by Wolf supported by Jacobs to nominate Pernick as Temporary
Chairperson.
Moved by Crake supported by Dingeldey the nominations be closed and a
unanimous ballot be cast.
Commissioner Pernick was declared elected as Temporary Chairperson.
Commissioners Jacobs and Wolf escorted Pernick to the chair.
Commissioner Pernick addressed the Board.
Nominations were opened for Permanent Chairperson.
Commissioner Wolf nominated McCulloch. Moved by McPherson supported by
Quarles to nominate Pernick.
Moved by Crake supported by Powers to close the nominations.
A sufficient majority having voted therefor, the motion to close the
nominations carried.
Vote for Permanent Chairperson:
Crake - McCulloch Law - McCulloch
Devine - McCulloch McCulloch - McCulloch
Dingeldey - McCulloch McPherson - Pernick
Douglas - McCulloch Obrecht - McCulloch
Garfield - McCulloch Palmer - McCulloch
Holbert - Pernick Pernick - Pernick
Huntoon - McCulloch Powers - McCulloch
Jacobs - Pernick Quarles - Pernick
Jensen - McCulloch Schmid - McCulloch
Johnson - McCulloch Taub - McCulloch
Kaczmar - Pernick Wolf - McCulloch
Kingzett - Pernick Amos - McCulloch
Vote for Chairperson:
McCulloch: 17; Pernick: 7
A sufficient majority having voted therefor, Commissioner McCulloch was
declared elected Permanent Chairperson. Commissioners Wolf and Jacobs escorted
McCulloch to the chair.
McCulloch opened the nominations for Vice Chairperson.
Moved by Wolf supported by Schmid to nominate Ruth Johnson. Moved by
Pernick supported by Holbert to nominate Nancy Quarles.
Moved by Douglas supported by Huntoon the nominations be closed.
A sufficient majority having voted therefor, the nominations were closed.
Vote for Vice Chairperson:
Devine - Johnson McCulloch - Johnson
Dingeldey - Johnson McPherson - Quarles
Douglas - Johnson Obrecht - Johnson
Garfield - Johnson Palmer - Johnson
Holbert - Quarles Pernick - Quarles
Huntoon - Johnson Powers - Johnson
Jacobs - Quarles Quarles - Quarles
Jensen - Johnson Schmid - Johnson
Commissioners Minutes Continued. January 4, 1996
3
Johnson - Johnson Taub - Johnson
Kaczmar - Quarles Wolf - Johnson
Kingzett - Quarles Amos - Johnson
Law - Johnson Crake - Johnson
Vote for Vice Chairperson:
Johnson: 17; Quarles: 7
A sufficient majority having voted therefor, Commissioner Johnson was
declared elected. Commissioners Wolf and Jacobs escorted Johnson to the chair.
Chairperson McCulloch and Commissioner Pernick made a presentation to
Commissioner Larry Crake, acknowledging his service as Chairperson of the
Board.
Chairperson McCulloch addressed the Board.
Chairperson McCulloch appointed the following persons to the General
Government Committee:
Kay Schmid, Chairperson
Nancy Dingeldey, Vice Chairperson
Nancy Quarles
Thomas Law
Donn Wolf
Donna Huntoon
Lawrence Obrecht
Ruel McPherson
JoAnne Holbert
The Chairperson declared a recess at 6:25 P.M. to allow the General
Government Committee to meet.
The Board reconvened at 7:10 P.M.
Roll called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24)
ABSENT: Obrecht. (1)
Quorum present.
Commissioners Jensen, Huntoon and McCulloch introduced their guests to
the Board.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: ADOPTION OF RULES FOR THE OAKLAND COUNTY BOARD OF COMMISSIONERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the proposed rules for
the Oakland County Board of Commissioners, recommends the adoption of the
attached rules as the permanent Rules for the Oakland County Board of
Commissioners.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of Rules for the Oakland County Board of Commissioners, Proposed
1996 Edition, on file in County Clerk's office.
Moved by Schmid supported by Wolf the General Government Committee Report
Commissioners Minutes Continued. January 4, 1996
4
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Wolf the Permanent Rules for 1996 be
adopted.
AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried and the
Permanent Rules for 1996 were adopted.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS• STANDING COMMITTEE MEMBERSHIP FOR 1996
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends appointments to the
Board of Commissioners• Standing Committees for 1996, per the attached sheet.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of Board of Commissioners Standing Committees for 1996 on file in
County Clerk's office.
Moved by Schmid supported by Crake the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Crake the Standing Committees' appointments,
as shown below, be confirmed.
FINANCE/PERSONNEL: Douglas (Chair), Jensen (Majority Vice Chair),
Kingzett (Minority Vice Chair), Crake, Palmer, Garfield, Taub, Dingeldey,
Kaczmar, Holbert.
GENERAL GOVERNMENT: Schmid (Chair), Dingeldey (Majority Vice Chair),
Quarles (Minority Vice Chair), Law, Wolf, Huntoon, Obrecht, McPherson, Holbert.
PLANNING AND BUILDING: Palmer (Chair), Garfield (Majority Vice Chair),
Kaczmar (Minority Vice Chair), Law, Moffitt, Obrecht, Devine, Quarles,
Kingzett.
PUBLIC SERVICES: Taub (Chair), Huntoon (Majority Vice Chair), McPherson
(Minority Vice Chair), Moffitt, Amos, Devine, Pernick.
STRATEGIC PLANNING: Powers (Chair), Amos (Majority Vice Chair), Pernick
(Minority Vice Chair), Jensen, Johnson, Schmid, Jacobs. Also McCulloch and
Douglas, as Ex-Officios.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the Standing Committees
appointments were confirmed.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: APPOINTMENTS TO COORDINATING ZONING COMMITTEE
Commissioners Minutes Continued. January 4, 1996
5
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the following individuals be
appointed to the Coordinating Zoning Committee for the period of January 1,
1996, through December 31, 1996.
John Garfield, Chairperson
Lawrence A. Obrecht, Vice Chairperson
Dan Devine, Jr.
Eugene Kaczmar
Nancy L. Quarles
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Dingeldey the General Government Committee
Report (Appointments to the Zoning Coordinating Committee) be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Dingeldey the Zoning Coordinating Committee
appointments be confirmed.
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies for the
boards, commissions, committees and councils herein mentioned, recommends the
filling of those vacancies as follows:
AIRPORT COMMITTEE (One-Year Terms Ending 12/31/96)
Donn Wolf, Dennis Powers, Eugene Kaczmar
AREA AGENCY ON AGING (Two-Year Terms Ending 12/31/97)
Dorothy Webb; Connie Richards (Alternate)
BUILDING AUTHORITY (Three-Year Term Ending 12/31/98)
Aleck Capsalis
COMMUNITY MENTAL HEALTH (Three Year Terms Ending 12/31/98)
John Donaldson, Aleck Capsalis, Fran Amos, Julia Mathews
ELECTIONS SCHEDULING COMMITTEE (One-Year Terms Ending 12/31/96)
C. Elaine Skarritt, Kathryn Dornan, Willie M. Redmond
JOB EVALUATION REVIEW PANEL (One-Year Terms Ending 12/31/96)
Nancy Dingeldey and Jeff Kingzett; Fran Amos (Alternate)
PARKS AND RECREATION COMMISSION (Three-Year Terms Ending 1/01/99)
Richard G. Skarritt and Lawrence R. Pernick
SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG)
(One-Year Terms Ending 12/31/96)
L. Brooks Patterson (Delegate); John Grubba (Alternate)
David Moffitt (Delegate); Ruel E. McPherson (Alternate)
Nancy Dingeldey (Delegate); Kay Schmid (Alternate)
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
General Government Committee
Moved by Schmid supported by Powers the General Government Committee
Commissioners Minutes Continued. January 4, 1996
6
Report (Appointments to Various Boards, Commissions, Committees and Councils)
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Powers the appointments to Various Boards,
Commissions, Committees and Councils be confirmed.
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
McCulloch, McPherson, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf,
Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
Moved by Schmid supported by Moffitt to suspend the rules for immediate
consideration of a resolution entitled BOARD OF COMMISSIONERS - OPPOSITION TO
SUBSTITUTE HOUSE BILL 5158 (H-2); COURT RESTRUCTURING. (Reason for suspension:
Waiver of Rule III, five-day notification. General Government Committee
meeting held immediately prior to 1/4/96 Board meeting)
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch,
Moffitt, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield. (19)
NAYS: McPherson, Pernick, Quarles, Holbert. (4)
A sufficient majority having voted therefor, the motion to suspend the
rules carried and the resolution was before the Board.
MISCELLANEOUS RESOLUTION #96001
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO SUBSTITUTE HOUSE BILL 5158 (H-
2); COURT RESTRUCTURING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the state legislature is considering Substitute House Bill 5158
(H-2) which will dramatically alter the financial, programmatic and structural
operations of the local trial courts funded by Oakland County; and
WHEREAS the current funding mechanisms contained in state law as applied
to the State Court Administrative Office, impose significant funding inequities
that unfavorably impact Oakland County; and
WHEREAS an analysis conducted by Oakland County of Substitute House Bill
5158 (H-2) indicates that Oakland County will be unfavorably impacted by at
least an estimated $4.9 million during the first year in which Substitute House
Bill 5158 (H-2) is in effect, thus increasing the inequities that already exist
with regard to current court funding; and
WHEREAS the economic impact in future years, although unknown entirely
due to the ambiguities in Substitute House Bill 5158 (H-2), are likely to be
more severe than the unfavorability estimated in year one due to provisions in
the legislation which indicate that the vast majority of trial court expenses
to be covered by the state are subject to annual legislative appropriation; and
WHEREAS the reduction in revenue sharing paid to counties as proposed by
the state is unnecessary due to 1) the overstatement of an estimated $28
million in state financial needs related to judges salaries, retirement, and
health care costs, and 2) an estimated $4 million overstatement of state
financial needs related to juror compensation costs; and
WHEREAS Substitute House Bill 5158 (H-2) will require a number of
programmatic and structural changes in the Courts and Clerk/Register•s Office
which will have unfavorable consequences; and
WHEREAS the Oakland County Clerk/Register and County Executive also
declare their opposition to Substitute House Bill 5158 (H-2).
NOW THEREFORE BE IT RESOLVED that due to the estimated $4.9 million
unfavorable impact generated by Substitute House Bill 5158 (H-2), the Oakland
Commissioners Minutes Continued. January 4, 1996
7
County Board of Commissioners hereby declares its opposition to Substitute
House Bill 5158 (H-2) as currently written, and requests that this proposed
legislation be postponed, and not reconsidered, until the following occurs:
1. Any proposed court reorganization and restructuring legislation
includes economic assumptions and other appropriate provisions that
reflect a consensus between the state and the counties involving the
financial and programmatic effects of such legislation.
2. That any proposed court reorganization and restructuring legislation
include provisions that hold counties financially harmless with
respect to current and future court funding.
BE IT FURTHER RESOLVED that it is essential that any court reform plan
provide for the constitutional recognition of the state•s obligation to fund
court facilities, personnel, programs and operations.
BE IT FURTHER RESOLVED that copies of this resolution be submitted to the
state legislature, the Governor, Oakland County•s legislative delegation, the
Michigan Association of Counties and all 82 counties in the state of Michigan.
Chairperson, on behalf of the General Government Committee, I recommend
adoption of the foregoing resolution.
General Government Committee
Moved by Schmid supported by Douglas the resolution be adopted.
Moved by McPherson supported by Pernick the resolution be postponed until
the second meeting in February.
Discussion followed.
The Chairperson stated a "YES" vote would postpone and a "NO" vote would
not.
AYES: Jacobs, McPherson, Pernick, Quarles, Holbert. (5)
NAYS: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt,
Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Huntoon. (19)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Vote on resolution:
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt,
Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Huntoon, Jacobs. (22)
NAYS: McPherson, Holbert. (2)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioner Palmer requested a Public Hearing be scheduled for the
purpose of allowing public comment on establishing reporting requirements for
the Community Mental Health Board. The Chairperson scheduled the Public
Hearing for the February 1, 1996 Board meeting at 10:00 A.M. There will be
Public Hearings scheduled for the same topic for the following two consecutive
Board meetings.
MISCELLANEOUS RESOLUTION #96002
BY: Charles E. Palmer, District #16
IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING
REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS nearly all matters considered by the Community Mental Health
Board (CMHB) are brought to the Board of Commissioners and its appropriate
Commissioners Minutes Continued. January 4, 1996
8
standing committees for action; and
WHEREAS by virtue of this reporting structure, requests for action by the
Community Mental Health Director and staff may take four to six weeks,
sometimes longer, for final disposition; and
WHEREAS the CMHB, by provision of state law, is an administrative board
duly authorized to oversee the day-to-day operations of the Community Mental
Health program in Oakland County; and
WHEREAS the Board of Commissioners believes that this approval process is
inherently inefficient and overly burdensome to the Community Mental Health
director and staff; and
WHEREAS by authorizing the CMHB to report its activity to the Board of
Commissioners and its standing committees on an informational basis, it is
expected that the Community Mental Health program•s position will be enhanced
relative to meeting the needs and addressing the concerns of mental health care
recipients, providers, agencies and the general public.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Community Mental Health Board (CMHB), in
accordance with its statutory authority as cited in the Mental Health Code
(M.C.L. 330.1001 et seq.), to report its activities, as determined by the CMHB,
to the appropriate Board of Commissioners liaison committee on an informational
basis, with the exception of:
1. the annual plan and budget for Community Mental Health,
2. requests for expenditures in excess of the budget as approved by the
Board of Commissioners,
3. personnel matters as referenced in Section XI.A.3 of the Board Rules,
and
4. acceptance of all federal and state grants as referenced in Section
XI.A.10 of the Board Rules (specifically Miscellaneous Resolution
#89105, as amended by Miscellaneous Resolution #93020).
Considerations by the CMHB on the above referenced items shall be
presented to the Board of Commissioners for action in accordance with state
law, County policy and Board Rules.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
and the Chairperson of the CMHB shall be authorized to approve federal, state
and/or private grants awarded to the CMHB which require immediate acceptance or
acceptance in a time manner which does not permit approval pursuant to the
Grants Policy as established in Miscellaneous Resolution #89105, as amended by
Miscellaneous Resolution #93020.
BE IT FURTHER RESOLVED that any policies, resolutions and/or procedures,
or portions thereof, that conflict with this resolution are hereby rescinded.
Chairperson, I move the adoption of the foregoing resolution.
Charles E. Palmer, District #16
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referrals:
GENERAL GOVERNMENT COMMITTEE
a. Michigan House of Representatives - Proposal for Increased
Transportation Funding and Reform
b. Ottawa County - MAC Public Relations
c. Representative Dave Jaye - Revenue Sharing
d. Nuclear Energy Institute - House to Vote on HR 1020
PUBLIC SERVICES COMMITTEE
a. Oakland County Sheriff's Auto Theft Squad Grant
b. Prosecutor's Anti-Auto Theft Grant
c. Community Mental Health - Plan of Corrections Recipient Rights
System Assessment 1995
d. Oakland County Community Corrections - TARGET Grant Application
e. Michigan Department of Social Services - Children's Village DDS
Report
Commissioners Minutes Continued. January 4, 1996
9
f. Gypsy Moth - Municipal Participation Agreement Update
OTHERS
Equalization
a. Ind. Fac. Ex. In Excess of 5% SEV, General Motors Corporation -
Truck Group/Centerpoint Parkway
b. Ind. Fac. Ex. In Excess of 5% SEV, General Motors Corporation -
Truck Group/S. Saginaw
c. Ind. Fac. Ex. In Excess of 5% SEV, General Motors Corporation -
Truck Group/S. Saginaw (a,b,c above are in the City of Pontiac)
d. Ind. Fac. Ex. In Excess of 5% SEV, Cardell Corporation, City of
Auburn Hills
There were no objections to the referrals.
The Board adjourned to the call of the Chair or 9:30 A.M. on
February 1, 1996 at 9:30 A.M.
LYNN D. ALLEN JOHN P. McCULLOCH
Clerk Chairperson