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HomeMy WebLinkAboutMinutes - 1996.02.01 - 8202 9 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 1, 1996 Meeting called to order by Chairperson John McCulloch at 9:58 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Rolled 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 Kay Schmid. Pledge of Allegiance to the Flag. Moved by Wolf supported by Garfield the minutes of the January 4, 1996 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Dingeldey the rules be suspended and the agenda amended, as follows: ITEMS ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE d. Board of Commissioners - Management and Budget - Travel Regulations - Amendment to Procedure to Change Mileage and Meal Reimbursement (Reason for suspension for General Government Committee item d: Waiver of Rule XII - Procedure to Bring Matters Before the Board. Waiver of Rule XII.E - Direct Referral to Finance Committee) PLANNING AND BUILDING COMMITTEE a. Drain Commissioner - Bloomfield Township CSO Drainage District Bonds - Full Faith and Credit Resolution (Reason for suspension for Planning and Building Committee item: Waiver of Rule XII - Procedure to Bring Matters Before the Board) PUBLIC SERVICES COMMITTEE a. Miscellaneous Resolution #96002 - Community Mental Health - Establish Reporting Requirements for Community Mental Health Board (Reason for suspension of Public Services Committee item a: Waiver of Rule XII - Procedure to Bring Matters Before the Board) b. Community Mental Health - Retitle Chief - Community Mental Health Commissioners Minutes Continued. February 1, 1996 10 Residential Development and Make Salary Range Exception to Salary Grade Placement d. Sheriff - Contract Amendment for Law Enforcement Services - Addison Township e. Sheriff - Contract Amendments for Law Enforcement Services - Highland Township f. Sheriff - Use of Forfeited Funds for Cellular Telephones (Reason for suspension for Public Services Committee items b,d,e and f: Waiver of Rule XII.E - Direct Referral to Finance Committee) The Honorable Ralph Nelson, 52nd District Court, addressed the Board. Chairperson John McCulloch stated AA Public Hearing is now called on Reporting Requirements for the Community Mental Health Board. This will be the first of three Public Hearings to be held on this matter. Are there any persons present who wish to speak?@ The following people addressed the Board: Dorothy Eicker, Sam Davis, Hope Cummins, Lawrence Pernick, Charles Palmer and Sandy Lindsey. No other persons requested to speak and the Public Hearing was declared closed. The Chairperson stated the second of three Public Hearings will be scheduled for February 15, 1996 at 10:00 A.M. for the purpose of allowing public comment regarding the Reporting Requirements for the Community Mental Health Board. MISCELLANEOUS RESOLUTION #96003 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT, PROBATE AND DISTRICT COURTS - JUDICIAL SALARIES FOR 1996 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 259 of 1995 provides for 1996 judicial salaries for Circuit, Probate and District Court Judges; and WHEREAS the maximum allowable annual salary for Circuit Court Judges for 1996 is $109,257 ($65,314 State, $43,943 Local), $104,507 for Probate ($52,783 State, $6,000 local statutory, and $45,724 Local) and $104,507 ($58,783 State, $45,724 Local) for District Court; and WHEREAS State provided standardization payments, which reimburse local units a portion of their contribution to judicial salaries, have been increased to $39,549 for Circuit and $41,152 for Probate and District Courts; and WHEREAS the increase in standardization payments has been anticipated in the 1996-1997 Adopted Biennial Budget; and WHEREAS the 1997 judicial salary levels have not yet been determined and therefore are not addressed at this time. NOW THEREFORE BE IT RESOLVED that the 1996 salaries for Circuit, Probate and District Court Judges be increased to the maximum allowable level. BE IT FURTHER RESOLVED the 1996 budget be amended as indicated below: 4-10100- 1996 909-01-00-9901 Salary Adjustment ($47,256) 909-01-00-9906 Fringe Benefit Adjustment ( 10,412) 311-05-00-1001 Circuit Court Salaries 21,760 311-05-00-2070 Circuit Court Fringe Benefits 5,642 341-01-00-1001 Probate Court Salaries 12,176 341-01-00-2070 Probate Court Fringe Benefits 1,317 322-01-00-1001 District Court Salaries (Novi) 3,996 322-01-00-2070 District Court Fringe Benefits (Novi) 1,036 323-01-00-1001 District Court Salaries (Clarkston) 1,332 323-01-00-2070 District Court Fringe Benefits (Clarkston) 345 324-01-00-1001 District Court Salaries (Rochester) 3,996 324-01-00-2070 District Court Fringe Benefit (Rochester) 1,036 325-01-00-1001 District Court Salaries (Troy) 3,996 Commissioners Minutes Continued. February 1, 1996 11 325-01-00-2070 District Court Fringe Benefits (Troy) 1,036 -0- Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Devine the resolution be adopted. AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96004 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1996 AUTOMOBILE THEFT PREVENTION AUTHORITY 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 Automobile Theft Prevention Authority (ATPA) for $442,735 in grant funding for the period January 1, through December 31, 1996; and WHEREAS the ATPA has awarded Oakland County with a calendar year 1996 grant in the amount of $404,833, or 91% of the application amount; and WHEREAS as detailed on the attached schedule, of the total award, $331,052 will fund Oakland County operations including four (4) Deputy II positions, this is the same staffing level as the 1995 award; and WHEREAS the remaining $73,781 will fund one (1) Police Officer and vehicle for the City of Pontiac; and WHEREAS the total program effort of $404,833 is funded by a $303,625 grant from ATPA, $82,763 match from Oakland County and a $18,445 match from the City of Pontiac; and WHEREAS funding is available in the Sheriff's Department Grant Match line- item to cover the required match, no additional appropriation is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1996 Automobile Theft Prevention Authority Grant in the amount of $303,625 with a County match of $82,763 and a participating jurisdiction match of $18,445. BE IT FURTHER RESOLVED that the 1996 Grant Revenue and Expenditure Budget be amended to reflect the 1996 award as detailed on the attached schedule. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon continued grant 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 Douglas supported by Holbert the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake. (25) Commissioners Minutes Continued. February 1, 1996 12 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96005 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY - 1996 AUTOMOBILE THEFT PREVENTION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney's office applied for funding for the tenth year to the Automobile Theft Prevention Authority (ATPA) grant for January 1, 1996 through December 31, 1996 in the amount of $202,303 (State (75%) - $151,727; County (25%) - $50,576); and WHEREAS Miscellaneous Resolution #93020 (Amendment to the Grant Procedure) requires the Finance and Personnel Committee to review grant acceptances that vary less than fifteen (15%) percent from the grant application; and WHEREAS the grant award is for $184,627 (State - $130,470; County match $46,157), which is a 8.74% variance from the application as shown in Schedule A; and WHEREAS funds for the County match are available in the Prosecuting Attorney's Grant Match line-item (#4-10100-411-01-00-3380), no additional appropriation is required; and WHEREAS the previous grant funded one (1) Assistant Prosecuting Attorney IV and one (1) Assistant Prosecuting Attorney III and the present grant award continues to provide funding for the said positions; and WHEREAS the contract has been approved by 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 Prosecuting Attorney's 1996 Automobile Theft Prevention Authority Grant in the amount of $184,627 (State - $130,470; County match - $46,157). BE IT FURTHER RESOLVED that the 1996 Adopted Budget is amended to include acceptance of the new grant award as detailed in Schedule B. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program . BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve amendments or extensions up to fifteen (15%) percent variance from the award, 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 Copy of Schedules A and B on file in County Clerk=s office. Moved by Douglas supported by Law the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96006 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - 1995-1997 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 2720 (BOARD OF COMMISSIONERS= COMMITTEE COORDINATORS AND SECRETARIES) Commissioners Minutes Continued. February 1, 1996 13 To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the American Federation of State, County and Municipal Employees, Local 2720, has been negotiating a contract for the Board of Commissioners= staff represented by A.F.S.C.& M.E; and WHEREAS a tentative 3 year agreement has been reached covering the period of January 1, 1995 through December 31, 1997; and WHEREAS the agreement includes a 4% salary increase for calendar year 1995 and a "me too" salary adjustment equal to the general salary adjustment for non- represented employees for 1996 and 1997; and WHEREAS the 1995 salary increase of $4,520, and related fringe benefit increase of $2,024 have been covered in the 1995 Budget; and WHEREAS the 1996 cost of the agreement equals $6,773, of which $4,678 is salary adjustment and $2,095 is fringe benefit adjustment; and WHEREAS funds are available in the 1996 Non-Departmental Salary and Fringe Benefit Adjustment accounts to cover the 1996 portion of the increase; and WHEREAS the 1997 salary and fringe benefit adjustments will be included with any 1997 budget amendments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to approve the agreement between the County of Oakland and the American Federation of State, County, and Municipal Employees, Local 2720, for the period of January 1, 1995, through December 31, 1997. BE IT FURTHER RESOLVED that the 1996 Budget be amended, as specified below, to reflect the increase: Non-Departmental 1996 909-01-00-9901 Salary Adjustment ($4,678) 909-01-00-9902 Fringe Benefit Adjustment ( 2,095) ($6,773) Board of Commissioners Expense 4-10100-513-01-00-1001 Salaries $4,678 4-10100-513-01-00-2070 Fringe Benefits 2,095 $6,773 $ 0 Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Pernick the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96007 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - SIGNATURE AUTHORIZATION FOR STATEMENTS REGARDING INDUSTRIAL FACILITIES EXEMPTION CERTIFICATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Industrial Facilities Tax Act, Public Act 198 of 1974 (Section 9 (1)), provides that: AIf the state equalized valuation (SEV) of property proposed to be exempt pursuant to the application under consideration, considered together with the aggregate SEV of property exempt under certificates previously granted and currently in force, exceeds 5% of the SEV of the local governmental unit, the State Tax Commission with the approval of the State Treasurer, shall make a separate finding and shall include a statement in the order approving the industrial facilities exemption certificate that exceeding such amount shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any affected Commissioners Minutes Continued. February 1, 1996 14 taxing units.@; and WHEREAS in order to facilitate the State Tax Commission and the State Treasurer in making the finding, each affected taxing unit is requested to complete and return a questionnaire signed by its presiding officer; and WHEREAS the information necessary to appropriately respond to a questionnaire regarding the financial soundness of Oakland County resides with the Chief Fiscal Officer, the Director of the Department of Management and Budget. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby delegates signature authorization to Oakland County=s Chief Fiscal Officer, the Director of Management and Budget, for the specific purpose of responding to State Tax Commission questionnaires regarding applications for proposed Industrial Facilities Exemption Certificates. BE IT FURTHER RESOLVED that a copy of all such completed questionnaires be submitted as a communication item to the Finance/Personnel Committee within a reasonable timeframe. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Crake the resolution be adopted. AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: JOB EVALUATION REVIEW PANEL APPOINTMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced report on January 25, 1996, concurs with the recommendation of the General Government Committee. Chairperson, on behalf of the Finance and Personnel Committee, I move acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the additional appointments to the Job Evaluation Review panel on January 22, 1996, requests the confirmation by the Finance and Personnel Committee of the Board of Commissioners= appointments and recommends Board approval of all of the appointments, as follows: Circuit Court - Judy Cunningham Alternate: Robert Bingham Elected Officials - Patrick Dohany Alternate: Glen Yrjanainen County Executive - Douglas Williams Alternate: C. Vincent Luzi Board of Commissioners - Nancy Dingeldey and Jeff Kingzett Fran Amos (Alternate) Appointed by the Board on January 4, 1996 Commissioners Minutes Continued. February 1, 1996 15 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copies of attachments (3) on file in County Clerk=s office. Moved by Schmid supported by Douglas the General Government Committee and Finance and Personnel Committee Reports be accepted and the appointments to the Job Evaluation Review Panel be confirmed, as follows: Circuit Court - Judy Cunningham Alternate: Robert Bingham Elected Officials - Patrick Dohany Alternate: Glen Yrjanainen County Executive - Douglas Williams Alternate: C. Vincent Luzi Board of Commissioners - Nancy Dingeldey and Jeff Kingzett Fran Amos (Alternate) Appointed by the Board on January 4, 1996 A sufficient majority having voted therefor, the reports were accepted and the appointments to the Job Evaluation Review Panel were confirmed. REPORT BY: General Government Committee, Kay Schmid, Chairperson IN RE: AMENDMENT 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 Oakland County Board of Commissioners' Rules on January 22, 1996, recommends that the Rules be amended as shown in the attachment. 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, 1996 Edition, on file in County Clerk=s office. Moved by Schmid supported by Obrecht the Oakland County Board of Commissioners= Rules be amended, as shown in the attachment. A sufficient majority having voted therefor, the motion carried and the Oakland County Board of Commissioners= Rules were adopted. FISCAL REPORT (Misc. #96008) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: MANAGEMENT AND BUDGET - TRAVEL REGULATION - AMENDMENT TO PROCEDURES TO CHANGE MILEAGE AND MEAL REIMBURSEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced resolution, reports as follows: 1. The resolution amends the Travel Regulations, approved most recently through Miscellaneous Resolution #94267, to base mileage and meal reimbursement rates for non-represented employees at the current year IRS regulations, subject to annual review by the Board of Commissioners. 2. Application of this proposed change for employees represented under a collective bargaining agreement will be subject to the collective Commissioners Minutes Continued. February 1, 1996 16 bargaining negotiation process. 3. Should the resolution be adopted, and should the Board of Commissioners authorize an increase to the IRS level, the impact on governmental funds is estimated to be $25,328 in 1996 and $25,485 in 1997, as detailed on the attached schedule. Special revenue funds would be expected to absorb the increase. Only mileage reimbursement would be effected in 1996/1997. Chairperson, on behalf of the Finance and Personnel Committee, I move the acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule on file in County Clerk=s office. MISCELLANEOUS RESOLUTION #96008 BY: General Government Committee, Kay Schmid, Chairperson IN RE: MANAGEMENT AND BUDGET - TRAVEL REGULATIONS - AMENDMENT TO PROCEDURE TO CHANGE MILEAGE AND MEAL REIMBURSEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Travel Regulations for the County of Oakland were modified and approved by Miscellaneous Resolution #92272 and amended by Miscellaneous Resolutions #94209 and #94267; and WHEREAS further modification to clarify these travel regulations policy as it pertains to mileage reimbursement is necessary. NOW THEREFORE BE IT RESOLVED that the Oakland County Travel Regulations be amended under "SCHEDULE OF RATES" to read: Mileage reimbursement rates for non- represented employees will be based on the current year IRS regulations and are subject to annual review. Departments/Divisions will be notified in writing of any changes as approved by the Board of Commissioners by the Department of Management and Budget. and under "MEMO" for Meals it be amended to read: MEMO: The maximum total for the day reflects current IRS guidelines for a daily rate and may be adjusted on an annual basis. Department/Division will be notified in writing by the Department of Management and Budget of any changes, as approved by the Board of Commissioners. Mileage Reimbursement rates for represented employees will be negotiated and approved by the Board of Commissioners. BE IT FURTHER RESOLVED the first paragraph under the section "MILEAGE REIMBURSEMENT" be amended to read: The County will reimburse individuals for use of personal transportation in the conduct of County business at the rate established by the Board of Commissioners. The Individual Car Mileage Report (Form MB-3) is to be used to request reimbursement for mileage. The request for reimbursement must be made within the month of incurrence or within five (5) working days at the end of the month. All claims must be signed by the individual and approved by their supervisor and division head. It is the supervisor and department/division head's responsibility to ensure that the request is accurate and complete. For purposes of determining mileage reimbursement, the following shall apply."............ BE IT FURTHER RESOLVED that the section under TRAVEL ARRANGEMENTS be amended in Section 4.A. to read: When traveling by a privately owned vehicle, the traveler will be reimbursed at the County established mileage rate as approved by the Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by Huntoon the Finance and Personnel Committee Fiscal Report be accepted. Commissioners Minutes Continued. February 1, 1996 17 A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Huntoon the resolution be adopted. Moved by Schmid supported by Huntoon the resolution be amended to coincide with the recommendation in the Finance and Personnel Committee Fiscal Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #96009 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - BLOOMFIELD TOWNSHIP CSO DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Bloomfield Township CSO Drain, by resolution adopted on December 12, 1995, authorized and provided for the issuance by the Bloomfield Township CSO Drainage District of its Drain Bonds in the aggregate principal amount of $2,575,000 (the "Drain Bonds") to defray the cost of the Bloomfield Township CSO Drain; and WHEREAS the Drain Bonds will be dated February 1, 1996, will bear interest at rates not to exceed 8% per annum, will mature in such years and principal amounts, and will be subject to redemption upon the terms and conditions set forth in the bond resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Drain Bonds; and WHEREAS the Bloomfield Township CSO Drain is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County that the Drain Bonds be sold. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Drain Bonds and agrees that, in the event the Charter Township of Bloomfield or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, Commissioners Minutes Continued. February 1, 1996 18 the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County a Notice of Intent to Issue an Obligation with respect to the Drain Bonds. 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Drain Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the County Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for the continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #96009) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - BLOOMFIELD TOWNSHIP CSO DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION 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 #96009 and finds: 1) The resolution authorizes the issuance of Drain Bonds with the County pledging full faith and credit with the Charter Township of Bloomfield as the primary obligor. 2) The principal amount of the bond issue is $2,575,000 at an interest rate not to exceed 8% to be paid back within 20 years. 3) The statutory limit for County debt is $3,321,293,690 (10% of State Equalized Value). As of December 31, 1995, the outstanding debt is $337,644,259 or approximately 1% of the S.E.V. 4) Of the total bond sale of $2,575,000, the County's apportionment is 23.282% ($599,512). 5) On June 27, 1995, the Drainage Board issued Special Assessment Roll No. 1 assessing the County in the amount of $149,005 for the County's share of the first phase of the project. This amount will be reimbursed to the County from the proceeds of the bond sale. 6) The County's share of the assessment will be paid over the life of the bonds and charged to the General Fund Non-Departmental Account titled "Road Commission - Drain Assessments". No additional Commissioners Minutes Continued. February 1, 1996 19 funding is requested at this time. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Crake the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96010 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - I-696 SWALE RETENTION FACILITY PROJECT - RESOLUTION TO ESTABLISH SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"), this Board of Commissioners is authorized to establish systems of pollutant removal facilities; and WHEREAS the Oakland County Drain Commissioner has been requested to administer a demonstration project consisting of a swale retention facility, to capture pollutants that may be contained within storm runoff, adjacent to and immediately to the west of the Minnow Pond Drain, in the I-696 right-of-way, in the City of Farmington Hills; and WHEREAS it is proposed that the project be financed entirely from grant proceeds; and WHEREAS it is in the interest of the County of Oakland that the project be constructed. NOW THEREFORE BE IT RESOLVED: 1. There is hereby established pursuant to the provisions of Act 342 a system of pollutant removal facilities consisting of a swale retention facility to be located in Section 15 of the City of Farmington Hills, within the I-696 Right-of-Way (south side) immediately west of the Minnow Pond Drain, approximately 2,500 feet east of Farmington Road and 1,500 feet south of Twelve Mile Road. The system is designated as the "I-696 Swale Retention Facility Project" (the "Project"). 2. The Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project and shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342. All obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from gifts or grants. 3. Upon its completion the Project shall be operated and maintained by the Michigan Department of Transportation. 4. The County Agency is authorized to enter into such agreements as may be necessary to secure grant funds and to transfer the responsibility for the operation and maintenance of the Project to the Michigan Department of Transportation; provided, however, that the County Agency shall have no authority to incur obligations with respect to the Project that are not to be paid from the proceeds of gifts or grants unless such obligations are authorized by this Board of Commissioners. Commissioners Minutes Continued. February 1, 1996 20 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #96011 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 4 - APPROVAL OF FIRST AMENDMENT TO CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") and the City of Rochester Hills (the "City") heretofore have entered into the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 Contract dated as of March 1, 1994 which contract provides for the acquisition, construction and financing of water supply and sewage disposal facilities to serve the City; and WHEREAS there has been submitted to this Board of Commissioners a proposed First Amendment to Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 Contract which is hereinafter set forth in full. NOW THEREFORE BE IT RESOLVED that the First Amendment to Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 Contract dated as of January 1, 1996, between the County, by and through the County Drain Commissioner, and the City, which contract has been submitted to this Board of Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the contract has been executed by the appropriate officials of the City. Said contract reads as follows: FIRST AMENDMENT TO OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 4 CONTRACT THIS CONTRACT, made as of the 1st day of January, 1996, by and between the COUNTY OF OAKLAND, a Michigan County Corporation (hereinafter referred to as the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"), and the CITY OF ROCHESTER HILLS, a City located in the County (hereinafter referred to as the "City"): WITNESSETH: WHEREAS the County and the City have entered into the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 4 Contract dated as of March 1, 1994 (the "1994 Contract"); and WHEREAS the parties desire to amend the 1994 Contract to substitute revised Exhibits A, B, and C in place of the exhibits attached to the 1994 Contract. NOW THEREFORE in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the City hereby approve as amendments to the 1994 Contract Revised Exhibit A, Revised Exhibit B, and Revised Exhibit C which are attached hereto and by this reference made a part hereof. 2. The cost of the project shall be paid by the City in installments as reflected on Revised Exhibit C. 3. This Contract shall become effective upon its approval by the legislative body of the City, by the County Agency, and by the Board of Commissioners of Oakland County and its execution by the Commissioners Minutes Continued. February 1, 1996 21 authorized officers of the City and by the County Agency. It shall terminate upon expiration of the 1994 Contract. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By Drain Commissioner CITY OF ROCHESTER HILLS By Mayor By City Clerk Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Revised Exhibits A, B and C on file in the County Clerk=s office. Moved by Palmer supported by Garfield 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 #96012 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/REAL ESTATE SECTION - LEASE RENEWAL REQUEST FROM EASTER SEAL SOCIETY OF SOUTHEASTERN MICHIGAN, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, per Miscellaneous Resolution #3507, January 30, 1956, entered into a lease agreement with the Easter Seal Society of Oakland County, Inc.; and WHEREAS this lease with the Easter Seal Society of Oakland County has existed since 1956 and will expire on July 26, 1996; and WHEREAS the Easter Seal Society of Oakland County has combined functions with Wayne and Macomb Counties and are now known as the Easter Seal Society of Southeastern Michigan; and WHEREAS the Easter Seal Society of Southeastern Michigan is desirous of renewing the lease agreement with the County of Oakland as it is to expire in July of 1996; and WHEREAS the Easter Seal Society of Southeastern Michigan has made numerous improvements to said leased facility - heating, cooling, electrical wiring and lighting system, along with ADA Compliances; and WHEREAS the Easter Seal Society of Southeastern Michigan is requesting a new lease agreement with the County of Oakland for a term of 15 years; and WHEREAS the Easter Seal Society of Southeastern Michigan continues to provide services to the residents of Oakland County; and WHEREAS the County Executive approves and recommends the renewal of this lease agreement with the Easter Seal Society of Southeastern Michigan for a period of 15 years. Commissioners Minutes Continued. February 1, 1996 22 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the renewal of the lease agreement for a period of 15 years between the County of Oakland and the Easter Seal Society of Southeastern Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute said lease agreement between the County of Oakland and the Easter Seal Society of Southeastern Michigan, Inc. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Easter Seal Society Lease of Oakland County Service Center Realty on file in the County Clerk=s office. The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. REPORT (Misc. #96013) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION - OAKLAND COUNTY PROPERTY AT ORION OAKS COUNTY PARK - GRANT OF SANITARY SEWER EASEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on February 1, 1996, reports with the recommendation that the resolution be adopted and that the attached Sanitary Sewer System Agreement and the letter from Richard M. White, Director of Public Works, Orion Township, both dated January 26, 1996, also be attached to the resolution. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of Charter Township of Orion=s Sanitary Sewer System Agreement and letter from Richard M. White, Director of Orion Township Public Works on file in County Clerk=s office. MISCELLANEOUS RESOLUTION #96013 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/REAL ESTATE SECTION - OAKLAND COUNTY PROPERTY AT ORION OAKS COUNTY PARK - GRANT OF SANITARY SEWER EASEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Township of Orion is proposing to extend a sanitary sewer system to provide service to the new proposed high school being constructed in the township; and WHEREAS the sanitary sewer system is located adjacent to the County of Oakland property, known as Orion Oaks Park; and WHEREAS the Township of Orion is requesting a permanent easement across Orion Oaks property for the construction of a sanitary sewer system; and WHEREAS the construction of the sanitary sewer system will benefit the County as it will provide sanitary sewer service to the park for future development of the park; and WHEREAS the Oakland County Parks and Recreation Administration has approved a route and location for said sanitary sewer; and Commissioners Minutes Continued. February 1, 1996 23 WHEREAS on January 17, 1996 at the Oakland County Parks and Recreation Commission meeting, the Parks Commission approved and recommended the construction of sanitary sewer system across Orion Oaks Park; and WHEREAS the Departments of Corporation Counsel and Facilities Management have reviewed the proposed documents and recommend their approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves granting the sanitary sewer easement to the Township of Orion contingent upon the receipt of a letter of understanding between the Parks and Recreation Commission and Orion Township specifying both cost figures for each party and tap in fees. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute the sanitary sewer easement agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Permanent Sanitary Sewer Easement on file in the County Clerk=s office. Moved by Palmer supported by Obrecht the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer 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. REPORT (Misc. #96002) BY: Public Services Committee, Shelley Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on January 23, 1996, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE 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 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 Commissioners Minutes Continued. February 1, 1996 24 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-eferenced 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 REPORT (Misc. #96002) BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ESTABLISH REPORTING REQUIREMENTS FOR COMMUNITY MENTAL HEALTH BOARD To the Public Services Committee Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #96002 on January 22, 1996, reports that under the Board of Commissioners= Rules of Procedure, the Public Services Committee has liaison responsibilities for this resolution and recommends its referral to that committee. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE The resolution will be held over until after the Public Hearings are completed. There were no objections. MISCELLANEOUS RESOLUTION #96014 Commissioners Minutes Continued. February 1, 1996 25 BY: Public Services Committee, Shelley Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH BOARD - REQUEST TO RETITLE THE CHIEF - COMMUNITY MENTAL HEALTH RESIDENTIAL DEVELOPMENT AND MAKE THE SALARY RANGE AN EXCEPTION TO SALARY GRADE PLACEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the reorganization of Oakland County Community Mental Health Services was approved by the Community Mental Health Services Board effective September 30, 1995; and WHEREAS this reorganization included the creation of a new classification and one (1) SR position titled Chief-Community Mental Health Residential Development established at salary grade 16; and WHEREAS this position was identified for the coordination of housing and residential facility development for persons with mental illness and/or developmental disabilities while promoting consumer choice, affordability, permanency and flexibility for appropriate levels of accommodation; and WHEREAS it has been determined that the classification title and salary range has made recruitment difficult when considering the scope of work and specific nature of minimum qualifications necessary for the oversight of the new housing development function; and WHEREAS it is the recommendation of the Personnel Department that the Chief-Community Mental Health Residential Development classification be retitled to Chief-Community Mental Health Housing Resources and that the salary range be made an exception to salary grade placement and established at a higher level; and WHEREAS the Personnel Department's recommendation is supported by survey information and housing experts representing the Technical Assistance Collaborative; and WHEREAS total additional cost is estimated to be $4,307 for Fiscal Year 1995/96 and $7,591 for Fiscal Year 1996/97; and WHEREAS the additional cost for Fiscal Year 1995/96 is more than offset by an estimated $26,812 in savings as a result of this position remaining vacant since the beginning of the fiscal year, however, an adjustment to the CMH Contingency Account is required to fund the full additional cost for Fiscal Year 1996/1997. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves retitling the Chief-Community Mental Health Residential Development classification to Chief-Community Mental Health Housing Resources. BE IT FURTHER RESOLVED that the salary range for the Chief-Community Mental Health Housing Resources be established at the following range: Base 1yr 2yr 3yr 4yr 5yr OT 48,502 51,421 54,343 57,262 60,185 63,107 No BE IT FURTHER RESOLVED that future existence of this position be contingent upon continued state funding. BE IT FURTHER RESOLVED that the Biennial Budget is amended as follows: Community Mental Health Fund (22296) FY 1995/96 FY 1996/97 Expenditures 550-05-00-3282 Contingency $0 ($7,591) 550-01-00-1001 Salaries 0 5,682 550-01-00-2074 Fringe Benefits 0 1,909 TOTAL $0 $ 0 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #96014) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. February 1, 1996 26 IN RE: COMMUNITY MENTAL HEALTH BOARD - REQUEST TO RETITLE THE CHIEF - COMMUNITY MENTAL HEALTH RESIDENTIAL DEVELOPMENT AND MAKE THE SALARY RANGE AN EXCEPTION TO SALARY GRADE PLACEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #96014 and finds: 1. The total additional cost for this position change is estimated to be $4,307 for the remainder of current Fiscal Year 1995/1996 and $7,591 for Fiscal Year 1996/1997. 2. The additional cost for the current fiscal year is more than offset by an estimated $26,812 in savings as a result of this position remaining vacant since the beginning of the fiscal year; for Fiscal Year 1996/1997 funding will be redirected within the Community Mental Health Fund with an adjustment to the Community Mental Health Contingency Account. 3. Amendments to the Biennial Budget are not required. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Moffitt the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96015 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: GYPSY MOTH SUPPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS - 1996 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County=s assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County has chosen to assist qualifying local units by participating in a state-wide treatment program developed by the Michigan Department of Agriculture (MDA); and WHEREAS the MDA program offers the expertise and experience of the MDA in suppressing the gypsy moth infestation plus the possibility of Federal and/or State cost sharing for program expenses through a State grant entitled the, A1996 Michigan Department of Agriculture Cooperative Gypsy Moth Suppression Program@; and WHEREAS the County provides local units an opportunity to join this County- wide program and realize economies of scale, cost savings, and possible cost sharing through the MDA grant that local units could not achieve independently; and WHEREAS it has become necessary to recover from the participating municipalities and Oakland County Parks the County cost based on acreage sprayed which are not recovered from the State grant(s); and WHEREAS the 1996 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with an MDA selected Commissioners Minutes Continued. February 1, 1996 27 insecticide by an MDA qualified and approved agricultural pesticide spray contractor in an attempt to minimize municipal tree damage; and WHEREAS the Townships of Addison, Commerce, Highland, Independence, Milford, Oakland, Orion, Oxford, Springfield and Waterford; the Cities of Auburn Hills, Bloomfield Hills, Farmington Hills, Orchard Lake Village, Rochester Hills, Southfield and Troy; the Villages of Beverly Hills, Bingham Farms, Lake Orion, and Wolverine Lake; and Oakland County Parks, have submitted acreage for the 1996 program; and WHEREAS the attached 1996 Gypsy Moth Suppression Program Municipal Participation Agreement is submitted for Board action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached MUNICIPAL PARTICIPATION AGREEMENT - 1996 OAKLAND COUNTY GYPSY MOTH SUPPRESSION PROGRAM for each of the above named municipalities who meet State=s qualification criteria for participation in the 1996 Suppression Program. BE IT FURTHER RESOLVED that upon receipt of the final, executed MUNICIPALITY PARTICIPATION AGREEMENT - 1996 OAKLAND COUNTY GYPSY MOTH PROGRAM from each of the above eligible municipalities, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners authorizes the Oakland County Executive to execute and enter into each of these Agreements on behalf of the County of Oakland. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Municipality Participation Agreement - 1996 Oakland County Gypsy Moth Program on file in the County Clerk=s office. Moved by Taub supported by Wolf the resolution be adopted. Discussion followed. Vote on resolution: AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24) NAYS: Powers. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96016 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN ADDISON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Addison Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #95316); and WHEREAS paragraph 23 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Addison Township Board; and WHEREAS Addison Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would add one (1) Patrol Deputy II (with fill-in) resulting in a new total of five (5) Patrol Deputies II (with fill-in) being contracted; and Commissioners Minutes Continued. February 1, 1996 28 WHEREAS the Sheriff has agreed to add one (1) Patrol Deputy II (with fill- in) for Addison Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1996-1998 Law Enforcement Services Agreement with the Township of Addison to increase the number of Patrol Deputies (with fill-in) from the original four (4) to a new total of five (5). BE IT FURTHER RESOLVED that this amendment will take effect on February 3, 1996. BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Protective Services Division of the Sheriff's Department. 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 the County Clerk=s office. FISCAL NOTE (Misc. #96016) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN ADDISON TOWNSHIP 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 #96016 and finds: 1. Addison Township has requested an amendment to their Law Enforcement Services Contract with the Sheriff, effective February 3, 1996, by adding one (1) Deputy II with fill-in. 2. This change will increase the total number of officers contracted to Addison Township to 5; total number of officers obligated through the Law Enforcement Services Contracts increases to 148. 3. This change will cause an increase in budgeted revenue and expenditures of $80,224 in 1996, $90,139 in 1997, and $92,573 in 1998. 4. The 1996/1997 Biennial Budget should be amended, per the attached schedule to account for this increase. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Obrecht the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96017 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN HIGHLAND TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Highland Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (Miscellaneous Resolution #95316); and Commissioners Minutes Continued. February 1, 1996 29 WHEREAS paragraph 23 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Highland Township Board; and WHEREAS Highland Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would delete one (1) Patrol Deputy II (with fill-in) resulting in a new total of eight (8) Patrol Deputies II (with fill-in) being contracted; and WHEREAS the Sheriff has agreed to delete one (1) Patrol Deputy II (with fill-in) for Highland Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (list of Sheriff's Deputies Contracted) of the Oakland County Sheriff's Department 1996-1998 Law Enforcement Services Agreement with the Charter Township of Highland to decrease the number of Patrol Deputies (with fill-in) from the original nine (9) to a new total of eight (8). BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 1996. BE IT FURTHER RESOLVED that one (1) Deputy II position (#07278) be deleted in the Contracted Patrol Unit, Protective Services Division of the Sheriff's Department. 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 the County Clerk=s office. FISCAL NOTE (Misc. #96017) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN HIGHLAND TOWNSHIP 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 the above-referenced resolution and finds: 1. Highland Township has requested an amendment to their Law Enforcement Services Contract with the Sheriff, effective January 1, 1996, by deleting one (1) Deputy II with fill-in. 2. This change will decrease the total number of officers contracted to Highland Township to 10; total number of officers obligated through the Law Enforcement Services Contracts decreases to 147. 3. This change will cause a decrease in budgeted revenue and expenditures of $87,514 in 1996 and $90,139 in 1997. 4. The 1996/1997 Biennial Budget should be amended, per the attached schedule to account for this decrease. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Powers the resolution be adopted. AYES: Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96018 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR CELLULAR PHONES Commissioners Minutes Continued. February 1, 1996 30 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the Courts have distributed $929,431.74 (balance as of 12\31\95) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff Department has requested a portion of these funds be used to purchase and operate several cellular phones for investigative purposes; and WHEREAS this equipment will be utilized by the Sheriff Department to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated capital costs are $3,675 and the estimated operating expenses would be $6,300 per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $9,975 from the Sheriff Department Law Enforcement Enhancement Account (#1-10100-201-053) to purchase seven (7) cellular phones and pay for the operating expenses. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #96018) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS 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 the above-referenced resolution and finds: 1. The Sheriff has $929,431.74 (balance as of 12/31/95) in his Law Enforcement Enhancement Account (#1-10100-201-053), which must be utilized to enhance law enforcement efforts related to the Controlled Substances Act. 2. The Sheriff has requested the use of $9,975 to purchase seven (7) cellular phones at a cost of $3,375, and pay the 1996 operating expenses of $6,300. An additional $6,300 will be needed to cover the 1997 operating expenses. 3. The 1996/1997 Budget should be amended, as specified below, to reflect the transfer of Law Enforcement Enhancement funds to purchase and operate seven (7) cellular phones for the Sheriff: 1996 1997 GENERAL FUND 1-10100-201-053 Law Enforce. Enhance. ($9,975) ($6,300) Revenue 3-10100-439-01-00-2340 Sheriff - Miscellaneous $9,975 $6,300 Expenditures 4-10100-439-01-00-8690 Operating Transfer Out $3,675 $ 0 4-10100-439-01-00-6750 Telephone Communications 6,300 6,300 $9,975 $6,300 $ 0 $ 0 TELEPHONE COMMUNICATIONS FUND Revenue 3-67500-147-10-00-8101 Operating Transfer In $3,375 $ 0 3-67500-147-10-01-2570 Sale of Phone Service 6,300 $6,300 $9,975 $6,300 Expenditures 4-67500-147-10-00-3278 Communications $6,300 $6,300 Commissioners Minutes Continued. February 1, 1996 31 Contributed Capital $3,675 $ 0 $9,975 $6,300 $ 0 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Huntoon the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96019 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: ANIMAL CONTROL DIVISION - ESTABLISH 1996 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND DISPOSAL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 339 of 1919 as amended (the Dog Law); and WHEREAS the Animal Control Division renders services to local jurisdictions through Purchase Contracts; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #95032, dated February 9, 1995, established a unit price of $13.47 per day to be charged for care of boarded animals, a unit price of $10.76 for disposal of small dead animals, $12.08 for disposal of live small animals, and $2.12 for disposal of boarded animals; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget, through a cost analysis, recommend that the rates should be amended to a unit price not to exceed $10.84 for disposal of small dead animals, a unit price not to exceed $12.32 for disposal of live, non-boarded small animals, a unit price not to exceed $14.74 per day to be charged for care of boarded animals and a unit price not to exceed $1.80 for disposal of boarded animals; and WHEREAS the government of Oakland County would recover 100% of its costs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish the following Animal Care Center Rates for boarding and disposal to be charged to municipalities purchasing service contracts with the Oakland County Animal Control Division: Care of boarded animals $14.74 Disposal of live (non-boarded) small animals $12.32 Disposal of live (boarded) small animals $ 1.80 Disposal of small dead animals $10.84 BE IT FURTHER RESOLVED that the County Executive is authorized to execute purchase of service contracts with local jurisdictions at the aforementioned rates. 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. Commissioner Nancy Quarles requested to be updated on the progress of the Public Transit Alternative Task Force. Chairperson John McCulloch stated the Commissioners Minutes Continued. February 1, 1996 32 Authority would be meeting February 9, 1996 at 1:30 P.M. and an update on the progress would follow. MISCELLANEOUS RESOLUTION #96020 BY: Shelley G. Taub, District #12 and Ruth A. Johnson, District #1 IN RE: REDUCTION OF COUNTY SPENDING GAP AND RETENTION OF LOCALLY RAISED TAXES IN THE COUNTY OF ORIGIN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS fiscal 1993 state tax collections from Oakland County businesses and residents were $1,994,967,451 (resulting in the highest per capita tax collection amount in the State) and County businesses and residents received $1,261,034,809 (79th out of 83 counties in Michigan on a per capita basis); and WHEREAS the spending gap (unfavorable difference between amounts sent to the State and goods and services received from the State) of $733,932,642 adversely impacts the ability of governmental units within the County to perform minimum mandatory functions for their citizens; and WHEREAS the State has periodically imposed unfunded mandates upon county, city, township, village, school district and other governmental units; and WHEREAS Oakland County's spending gap is expected to increase significantly arising from the recently passed property tax reform (Prop A); and WHEREAS the State's Department of Management and Budget has consistently failed to acknowledge either unfunded mandates and, recently indicated that there is no spending gap; and WHEREAS to better understand the size of the $734 million spending gap, the following should be considered: * If the Oakland County government received the $734 million for only one year, County government could suspend its levy of property taxes for the next five years! * Oakland County government could operate all its services, at no cost to its taxpayers, for over two full years with only one years spending gap (exclusive of Community Mental Health). WHEREAS AOakland County is the economic engine driving the state economy" and has demonstrated that the County is a valued neighbor and vital partner in the southeast Michigan region; and WHEREAS the Oakland County Executive, in concert with the Board of Commissioners, is preparing detailed financial analyses of the major causes of the spending gap; and WHEREAS the Department of Mental Health has recently announced the privatization of the Macomb-Oakland Regional Center (MORC) and closure of the Fairlawn Center (and at a time that the census of Clinton Valley Center is expected to decline); and WHEREAS the economic disparity created through state tax collections not returned to Oakland County has, to name a few, left nearly 1,000 disabled consumers and families waiting for mental health services for an excessive length of time, has left potential public health consumers waiting for services and as it relates to the Oakland County Road Commission and other governmental units, has left the County with roads in a state of disrepair. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges that the State legislature develop corrective strategies to eliminate the inequities in state funding to Oakland County and encourage the passage of legislation that supports the retention of locally generated revenues in the County of origin. BE IT FURTHER RESOLVED that the savings arising from the privatization of MORC, closure of the Fairlawn Center, and any future State mental health institutions that may close (which are located in the Oakland County) be included in the County's Community Mental Health authorization for consumers who have suffered far too long waiting for mental health services. Commissioners Minutes Continued. February 1, 1996 33 BE IT FURTHER RESOLVED that copies of this resolution be submitted to the State legislature, the Governor, Oakland County's legislative delegation, and the Michigan Association of Counties in order that they may vigorously pursue State funding reform for Oakland County as their central policy issue in 1996. Chairperson, we move adoption of the foregoing resolution. Shelley Taub, Ruth Johnson, Donn L. Wolf The Chairperson referred the resolution to the General Government, Public Services and Finance and Personnel Committees. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: GENERAL GOVERNMENT a. Isabella County - (Support) Oakland County Court Reform Resolution b. Oscoda County - (Oppose) Oil and Gas Post-Production Cost Deductions PUBLIC SERVICES a. Michigan Department of Corrections - Minimum Security Facilities Fiscal Year 1996 Application Workshops b. U.S. Department of Justice - COPS Grant Information OTHERS Treasurer and Ruth Johnson a. Village of Ortonville - Ortonville Downtown Development Authority Resolution There were no objections to the referrals. The Board adjourned at 11:22 A.M. to the call of the Chair, or February 15, 1996 at 9:30 A.M. LYNN D. ALLEN JOHN MCCULLOCH Clerk Chairperson