HomeMy WebLinkAboutMinutes - 1996.03.07 - 8204
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 7, 1996
Meeting called to order by Chairperson John McCulloch at 10:10 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Rolled called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (23)
ABSENT: Huntoon, Quarles (with notice). (2)
Quorum present.
Invocation given by Commissioner Donn Wolf.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Garfield the minutes of the February 15, 1996
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Douglas the rules be suspended and the agenda
amended, as follows:
ITEMS ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner - Ireland Drainage District Refunding Bonds -
Full Faith and Credit
b. Drain Commissioner - Evergreen Farmington Sewage Disposal Systems,
Farmington Hills - Southfield Segment I Refunding Bonds
(Reason for suspension for Planning and Building Committee items a and b: Waiver
of Rule XII.E - Direct referral to Finance and Personnel Committee)
e. Oakland/Pontiac Airport - Electric Utility Easement Request from
Detroit Edison Company, Tax Sidwell Number 13-16-101-055, Lot 34 of
Airport Subdivision
(Reason for suspension for Planning and Building Committee item e: Waiver of
Rule XII.B - Did not originate in Liaison Committee)
PUBLIC SERVICES COMMITTEE
e. Public Services Administration/Community Corrections - Transfer of
Community Service Program from Circuit Court Probation and Creation
of Positions
(Reason for suspension for Public Services Committee item e: Waiver of Rule
XII.E - Direct referral to Finance and Personnel Committee)
ITEMS NOT ON PRINTED AGENDA
Commissioners Minutes Continued. March 7, 1996
62
GENERAL GOVERNMENT COMMITTEE
e. Reappointment of Valerie Corey to Community Mental Health Board
f. Fifty-Second District Court - Approval of Magistrate Appointments
(Reason for suspension for General Government Committee items e and f: Waiver of
Rule III., Agenda Items, and Rule XII. - Procedure to bring matters before the
Board. General Government Committee meeting before the full Board meeting)
PLANNING AND BUILDING COMMITTEE
f. Miscellaneous Resolution #96028, Community Mental Health - Approval
of Replacement Lease (River Crest) Ostrum Street, Waterford Township
(Reason for suspension for Planning and Building Committee item f: Waiver of
Rules III. and XII. - Planning and Building Committee and Finance and Personnel
Committee to meet prior to the full Board meeting)
AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk read a letter from Chairperson John McCulloch appointing Michael
Wooley to serve as an alternate on the 196 Transportation Authority. There being
no objections, the appointment was confirmed.
Clerk read a letter from Chairperson John McCulloch accepting the
resignation of William Baldridge from the Oakland County 196 Transportation
Authority. In accordance with Article VII of the Articles of Incorporation of
the Authority, the Chairperson appointed Chuck Moss to serve as a member of the
196 Transportation Authority. There being no objections, the appointment was
confirmed.
Chairperson John McCulloch stated AA Public Hearing is now called on
Establishing Reporting Requirements for the Community Mental Health Board. This
will be the third and final Public Hearing to be held on this matter. Are there
any persons present who wish to speak?@
No persons requested to speak and the Public Hearing was declared closed.
MISCELLANEOUS RESOLUTION #96036
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - 1996 COOPERATIVE REIMBURSEMENT PROGRAM AGREEMENT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Prosecuting Attorney has applied for a renewal
of the Cooperative Reimbursement Program Contract with the Michigan Department of
Social Services, Office of Child Support in the amount of $1,460,745; and
WHEREAS the Michigan Department of Social Services, Office of Child Support
has notified the Oakland County Prosecuting Attorney that the Cooperative
Reimbursement Program Contract has been approved for the period January 1, 1996
through December 31, 1996 in the amount of $1,460,745 for the total program; and
WHEREAS the contract renewal will maintain proportionate funding levels of
$1,061,278 (73%) by the State and $399,467 (27%) by the County for a total
program $1,460,745, which is the same as the application (see Schedule A as
attached); and
WHEREAS the application and award reflect no personnel changes; and
WHEREAS the required County match of $399,467 is available in the 1996
Adopted Budget under the Prosecuting Attorney's Grant Match line item; and
WHEREAS the contract has been approved by the County Executive's Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the contract renewal for the Prosecuting Attorney's Cooperative
Reimbursement Program in the total amount of $1,460,745 for the period of
January 1, 1996 through December 31, 1996 (State (73%) - $1,061,745; County match
Commissioners Minutes Continued. March 7, 1996
63
(27%) - $399,467).
BE IT FURTHER RESOLVED that the 1996 Adopted Budget is amended to reflect
the grant funding 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 and acceptance of this contract does not obligate the County to any
future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the contract agreement and to approve amendments and
extensions up to fifteen (15%) percent variance from the award, consistent with
the original agreement as 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 the County Clerk=s office.
Moved by Douglas supported by Law the resolution be adopted.
AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96037
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT - LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND
COUNTY COURT REPORTERS= ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a labor agreement covering approximately 14 Court Reporter III=s of
the Oakland County Circuit Court has been negotiated with the Oakland County
Court Reporters= Association; and
WHEREAS a three (3) year agreement has been reached with the Association
for the period January 1, 1996 through December 31, 1998, and said agreement has
been reduced to writing; and
WHEREAS the agreement is based on Ame too@ with non-represented employees
regarding wages and fringe benefits for each respective year of the agreement;
and
WHEREAS the amount of increase for 1996 equals $24,111, of which $17,045 is
salary and $7,066 is fringe benefit; and
WHEREAS funds have been included in the 1996 Circuit Court budget to cover
this increase, no additional appropriation is required; and
WHEREAS the 1997 and 1998 increases will be included during the respective
budget processes; and
WHEREAS the agreement has been reviewed by your Finance and Personnel
Committee which recommends its approval.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the
Oakland County Circuit Court, the County of Oakland, and the Oakland County Court
Reporters= Association, is approved, and that the Board Chairperson, on behalf of
the County of Oakland, is authorized to execute said agreement which is attached.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in the County Clerk=s office.
Moved by Douglas supported by Jacobs the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Commissioners Minutes Continued. March 7, 1996
64
Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96038
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - LABOR AGREEMENT WAGE AND BENEFIT REOPENER AND
CONTRACT EXTENSION FOR MEDICAL EXAMINER INVESTIGATORS REPRESENTED BY THE MICHIGAN
ASSOCIATION OF POLICE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Michigan Association of Police, have
reached an agreement, for the approximately eight (8) employees represented by
the Association, covering 1996 and 1997 wages and benefits; and
WHEREAS provisions contained in the current contract have been extended
through December 31, 1997, and said agreement has been reduced to writing; and
WHEREAS the 1996 cost of the increase equals $13,186, which includes $8,939
in salaries, $4,063 in fringe benefits and $185 in personal mileage (reflecting
an increase to $.30 per mile), these cost have been included in the 1996 Medical
Examiner=s budget, therefore no amendments are required; and
WHEREAS the 1997 cost of the increase equals $13,667, which includes $9,283
in salaries, $4,199 in fringe benefits and $185 in personal mileage, the salary
and fringe benefit amounts are included in non-departmental transfer accounts, a
transfer of these funds will be recommended during the 1997 budget amendment
process, personal mileage increase can be absorbed by the Medical Examiner=s
budget; and
WHEREAS the agreement has been reviewed by your Finance and Personnel
Committee which recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and the Michigan Association of Police, is approved, and that the
Board Chairperson, on behalf of the County of Oakland, is authorized to execute
said agreement which is attached.
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in the County Clerk=s office.
Moved by Douglas supported by Kingzett the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96039
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR
1995
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports, approved by the
Board of Commissioners for Grades 1 - 21, provide a review and appeal process for
departments and employees wishing to challenge the salary grade placement of
classifications; and
WHEREAS the Fourth Quarterly Report for 1995 was submitted to the Finance
and Personnel Committee identifying the reviews requested and the salary grade
changes recommended by the Personnel Department after completion of this review
process; and
WHEREAS the Finance and Personnel Committee has reviewed and approved this
report; and
Commissioners Minutes Continued. March 7, 1996
65
WHEREAS the annual cost of the recommended salary grade placement changes
for governmental positions is $12,326 and the cost for the remainder of 1996 is
$9,481; and
WHEREAS funding is available to implement the recommended salary grade
changes for the governmental positions in the Classification and Rate Change
account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes implementation of the Salary Administration Fourth Quarterly Report
for 1995 which includes the following personnel actions:
Salary Grade
Classification From: To: Location-Position
Crime Lab. Specialist II N/A 14 4391002480
(New Class. Crime Lab. Spec. Supv.
Regular OT, 1 position newly placed
on Salary Administration Plan)
Supv.-FOC Family Counselors 14 16 3120500803
(No OT)
Personnel Analyst III 13 14 1550502705
(New Class, Labor Relations
Specialist, No OT, 1 position)
BE IT FURTHER RESOLVED the 1996 Budget is amended as follows:
1996 1997
10100-909-01-00-9902 Class.& Rate Change ($9,481) ($12,326)
10100-155-05-00-1001 Pers./Emp. Rel.-Salaries 2,067 2,687
10100-155-05-00-2070 Pers./Emp. Rel.-Fringes 703 914
21500-312-05-00-1001 Cir.Ct./FOC - Salaries 2,635 3,426
21500-312-05-00-2070 Cir.Ct./FOC - Fringes 896 1,165
10100-439-10-00-1001 Sher./Tech. Svs.-Salaries 2,374 3,086
10100-439-10-00-2070 Sher./Tech. Svs. -Fringes 807 1,049
$ -0- $ -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 Obrecht the resolution be adopted.
AYES: Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96040
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - REVISION OF POLICY FOR THE
DESIGNATION OF INTEREST INCOME
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #87246 set a policy for the distribution
of interest earnings; and
WHEREAS said resolution states that Ainterest earnings in all funds not
required by law or funded separate tax levy be credited to the General Fund@;
and
WHEREAS this policy, which includes interest income earned by internal
service funds, also was incorporated into the Fiscal Policies Manual, adopted
May 24, 1990 by Miscellaneous Resolution #90095; and
WHEREAS Federal OMB circular A-87 requires that charges to federal grants,
including internal service fund charges, be based on cost; and
WHEREAS internal service fund cost, for the purpose of rate calculation,
must be offset by fund balances including interest income earned on those fund
balances.
NOW THEREFORE BE IT RESOLVED that the Policy for the Designation of
Interest Income, approved pursuant to Miscellaneous Resolution #87246 and #90095
Commissioners Minutes Continued. March 7, 1996
66
be amended to include Ainterest income earned from a specific internal service
fund balance, shall be credited to a specific internal service fund@.
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 Amos the resolution be adopted.
AYES: Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Crake, Devine, Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96041
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 1996 COOPERATIVE REIMBURSEMENT PROGRAM
(CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Social Services, Office of Child Support
has approved Oakland County Friend of the Court's 1996 Title IV-D Cooperative
Reimbursement Program (CRP) Contract, effective January 1, 1996 through
December 31, 1996; and
WHEREAS the 1996 Title IV-D program totals $8,928,131 of which $712,704
will be funded by fees collected, with the balance, $8,215,427, funded by the
State, ($5,819,315) and the County ($2,396,112); and
WHEREAS the 1996 award represents a 2.0% increase over 1995; and
WHEREAS the contract has been approved by the County Executive's Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the 1996 Cooperative Reimbursement Program Contract through
December 31, 1996 for the Friend of the Court in the amount of $8,215,427.
BE IT FURTHER RESOLVED that future level of service, including personnel,
is contingent upon the level of funding from the State for this program.
BE IT FURTHER RESOLVED that acceptance of this contract does not obligate
the County to any future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the reimbursement agreement and to approve amendments
and extensions up to fifteen (15) percent variance from the award, consistent
with the agreement as approved.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Agreement between Michigan Department of Social Services and the
County of Oakland on file in the County Clerk=s office.
Moved by Douglas supported by Moffitt the resolution be adopted.
AYES: Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Crake, Devine, Douglas, Garfield. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96042
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
Commissioners Minutes Continued. March 7, 1996
67
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - TRAVEL REGULATIONS - REVISION TO
PERSONAL MILEAGE REIMBURSEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #96008, the Board of
Commissioners amended the travel regulations authorizing annual increases in
personal mileage reimbursement, for non-represented employees, to the I.R.S.
regulated level, upon the Board=s review and approval; and
WHEREAS the current County personal mileage reimbursement rate is $.28 per
mile for non-represented employees, the current I.R.S. regulated reimbursement
level is $.30 per mile; and
WHEREAS through Miscellaneous Resolution #96022 the Board of Commissioners
approved the collective bargaining agreement with members of the Oakland County
Employees Union (OCEU), a portion of that agreement increased personal mileage
reimbursement for the represented group to $.30 per mile; and
WHEREAS the medical examiner investigators, represented by the Michigan
Association of Police, have tentatively agreed to a collective bargaining
agreement which includes an increase in personal mileage reimbursement to $.30
per mile; and
WHEREAS the cost to increase personal mileage reimbursement to $.30 per
mile for non-represented employees, for the governmental funds, equals $19,034 in
1996 and $25,485 in 1997, an appropriation is required to cover the additional
cost; and
WHEREAS special revenue funds would be required to absorb any increase
associated with increased personal mileage reimbursement; and
WHEREAS employees represented by unions would not received an increase in
personal mileage reimbursement unless it is negotiated into a collective
bargaining agreement and approved by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes an increase in the personal mileage reimbursement, for non-represented
employees, to $.30 per mile effective for travel beginning the pay period
following adoption of this resolution by the Board and approval of the same by
the County Executive.
BE IT FURTHER RESOLVED that the 1996/1997 Biennial Budget be amended, as
specified in the attached schedule, transferring $19,034 in 1996 and $25,485 in
1997 from the non-departmental contingency account to the respective division
budgets, to cover the cost of the personal mileage increase to the governmental
funds.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of 1996/1997 Biennial Budget Amendments on file in the County Clerk=s
office.
Moved by Douglas supported by Garfield the resolution be adopted.
Discussion followed.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96043
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CIRCUIT COURT - USE OF MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners
established the Circuit Court Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements
and improvements as requested by the Circuit Court and approved by the Board of
Commissioners Minutes Continued. March 7, 1996
68
Commissioners; and
WHEREAS the Court seeks to utilize the Mediation Fund to purchase the
following:
15 Refrigerators (Jury Rooms) $ 320 ea. $ 4,800
14 Lanier Fax Machines 1,500 ea. 21,000
18 Easels 91 ea. 1,638
18 Marker Boards 345 ea. 6,210
6 View Boxes 110 ea. 660
Settlement Week 10,000
Contribution to Bench Bar Retreat 1,500
Reading to Reduce Recidivism Program 10,000
TOTAL: $55,808
WHEREAS the cost of the above-enumerated items is estimated to total
$55,808.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the use of $55,808 from the Circuit Court Civil Mediation Fund for the
above-listed items.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96044
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: AMENDMENT OF ARTICLES OF INCORPORATION TO ALLOW OPT-IN TO THE OAKLAND
COUNTY PUBLIC TRANSPORTATION AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS 1986 Public Act 196 (ACT) provides that counties may form a Public
Transportation Authority by adopting Articles of Incorporation; and
WHEREAS the Oakland County Board of Commissioners, in Miscellaneous
Resolution #95083, formed the Oakland County Public Transportation Authority
(OCPTA) by adopting Articles of Incorporation; and
WHEREAS the OCPTA Articles of Incorporation, at Article VII, Section 4,
provide that the Articles of Incorporation may be amended only by the adoption of
a resolution by Oakland County Board of Commissioners approving the amendment;
and
WHEREAS Section 7 of the ACT provides that a political subdivision may
become a member of an Authority after the public authority's formation upon
resolution adopted by a majority vote of the members elected to and serving on
the legislative body of the political subdivision requesting membership and upon
a resolution adopted by a 2/3rds vote of the members serving on the Board of the
Public Authority approving an amendment to the Articles of Incorporation of the
Public Authority adding all or a portion of the political subdivision to the
Authority as a member; and
WHEREAS Article II of the OCPTA Articles of Incorporation adopted in
Miscellaneous Resolution #95083 contemplates that a city, village or township may
be added to the Authority after its incorporation; and
WHEREAS some of the 41 communities that chose to opt-out of the OCPTA at
its formation have indicated an interest in joining the OCPTA so as to obtain the
benefits of membership.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Public Transportation Authority Board to adopt
resolutions amending the Articles of Incorporation in accordance with Section 7
of 1986 Public Act 196 allowing any political subdivision within the corporate
limits of Oakland County to join the OCPTA upon the condition that the political
subdivision first commits to the OCPTA either the proceeds of a 0.33 mill tax on
the taxable value on all taxable property in the political subdivision area for a
three-year period or tenders the cash equivalent thereof.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
Commissioners Minutes Continued. March 7, 1996
69
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Jensen the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #96032)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CENTRAL SERVICES/AVIATION - RENAME OAKLAND/PONTIAC AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 26, 1996, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #96032
BY: Commissioners Donn L. Wolf, Dennis Powers, Eugene Kaczmar
IN RE: CENTRAL SERVICES/AVIATION - RENAME OAKLAND/PONTIAC AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County owns and operates the Oakland/Pontiac Airport, which
functions as the County=s aviation gateway to the world; and
WHEREAS the Oakland/Pontiac Airport, the 26th busiest airport in the
world, provides all of Oakland County with the necessary link to international
commerce and travel which enables the citizens and businesses of Oakland County
to compete in the global market place; and
WHEREAS with the assignment of a full-time U.S. Customs Service Officer,
Oakland/Pontiac Airport can provide more dependable service to support
international flight activity; and
WHEREAS reflecting the international scope of service being conducted from
this County aviation facility, it is appropriate to manifest the international
operations in the airport=s name, and such designation is consistent with the
practices of other U.S. Customs Service airports; and
WHEREAS the County Executive and the County Airport Committee have
expressed their desire to have the name of Oakland/Pontiac Airport changed to
AOakland County International Airport@.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby change the name of the Oakland/Pontiac Airport, located in Waterford,
Michigan, to the Oakland County International Airport.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the
Michigan Aeronautics Commission in accordance with Act 327 of 1945 as amended and
to the Federal Aviation Administration.
Chairperson, we move the adoption of the foregoing resolution.
Dennis Powers, Donn L. Wolf,
Eugene Kaczmar
Moved by Schmid supported by Wolf the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Wolf the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Commissioners Minutes Continued. March 7, 1996
70
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Devine, Dingeldey, Douglas,
Garfield, Jensen. (19)
NAYS: Johnson, Crake, Holbert, Jacobs. (4)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #96033)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: COMMISSIONERS - EXTENSION OF TERM OF OFFICE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 26, 1996, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #96033
BY: Commissioners Eugene Kaczmar and John Garfield
IN RE: COMMISSIONERS - EXTENSION OF TERM OF OFFICE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS County government in Michigan has evolved to a multi-faceted,
complex form of local government which delivers a multitude of diverse services
to its citizens and municipalities; and
WHEREAS in order to operate such a multifarious governmental organization,
all County elected officials, except County Commissioners, serve for four-year
terms; and
WHEREAS two-year terms for County Commissioners impede the smooth
functioning of operations within the Board of Commissioners as the biennial
election cycle reduces the efficiency of the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby request the State Legislators to pass legislation which will extend
County Commissioner terms to four years.
BE IT FURTHER RESOLVED that certified copies of this resolution be sent to
all Oakland County State Legislators, its legislative agents and the Michigan
Association of Counties.
Chairperson, we move the adoption of the foregoing resolution.
Eugene Kaczmar, John Garfield
Moved by Schmid supported by Devine the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Devine the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Kaczmar, McPherson, Crake, Devine, Garfield, Jacobs, Jensen. (7)
NAYS: Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Amos, Dingeldey, Douglas, Holbert, Johnson. (15)
A sufficient majority not having voted therefor, the resolution failed.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: APPOINTMENT TO COMMUNITY MENTAL HEALTH SERVICES BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the appointment of
Valerie Corey to the Community Mental Health Services Board for the term expiring
December 31, 1996.
Commissioners Minutes Continued. March 7, 1996
71
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Kingzett the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Kingzett the appointment of Valerie Corey to
the Community Mental Health Services Board, for a term ending December 31, 1996,
be confirmed.
AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Jacobs, Jensen, Johnson, Kaczmar. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointment of Valerie
Corey to the Community Mental Health Services Board, for a term ending
December 31, 1996, was confirmed.
MISCELLANEOUS RESOLUTION #96045
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: FIFTY-SECOND DISTRICT COURT/APPROVAL OF MAGISTRATE APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has provided for
magistrates for the Fifty-Second District Court; and
WHEREAS the judges of the Fifty-Second District Court have appointed the
individuals named in Attachment A to serve as magistrates for the Fifty-Second
District Court; and
WHEREAS MCL 600.8501(1) provides that the magistrate appointments be
approved by the county board of commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the appointments of the individuals named in Attachment A to act
as magistrates for the Fifty-Second District Court.
Chairperson, I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Attachment A on file in the County Clerk=s office.
Moved by Schmid supported by Crake the resolution be adopted.
AYES: Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96046
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - IRELAND DRAINAGE DISTRICT REFUNDING BONDS - FULL
FAITH AND CREDIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Ireland Drainage District previously has issued its Drain
Bonds, dated July 1, 1988 (the "Drain Bonds") in the principal amount of
$1,925,000, and this Board of Commissioners, by Resolution No. 88184 adopted on
July 14, 1988, pledged the full faith and credit of the County of Oakland for the
prompt payment of the principal of and interest on the Drain Bonds; and
WHEREAS the Drainage Board for the Ireland Drain, by resolution adopted on
January 23, 1996, authorized and provided for the issuance by the Ireland
Commissioners Minutes Continued. March 7, 1996
72
Drainage District of its Refunding Bonds, Series 1996 (the "Refunding Bonds"), in
the aggregate principal amount of not to exceed $1,800,000 to refund the Drain
Bonds maturing in the years 1998 through 2010; and
WHEREAS the Refunding Bonds will be dated as of such date, will bear
interest at such rates not to exceed 8% per annum, will be in the aggregate
principal amount, will mature in such years and principal amounts, and will be
subject to redemption prior to maturity as shall be determined by the Drainage
Board at the time of sale; 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
Refunding Bonds; and
WHEREAS it is in the best interest of the County that the Refunding Bonds
be sold in order to achieve debt service savings for the City of Rochester Hills
and the County.
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 Refunding Bonds and agrees that, in the event
the City of Rochester Hills 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,
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 an Application for
State Treasurer's Approval to Issue Bonds with respect to the Refunding Bonds.
4. The County Treasurer is authorized to approve the circulation of a
preliminary and final official statement for the Refunding 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 Refunding 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 a continuing disclosure undertaking of the County
pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate
from time to time in accordance with the terms of 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
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #96046)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - IRELAND DRAINAGE DISTRICT REFUNDING BONDS - FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #96046 and finds:
1) Resolution #88184, on July 14, 1988, pledged full faith and credit
Commissioners Minutes Continued. March 7, 1996
73
for Drain Bonds which were issued on July 1, 1988 in the amount of
$1,925,000 for the construction of the Ireland Drain.
2) This resolution authorizes the refunding of $1,525,000 of the
current $1,675,000 in outstanding bonds to take advantage of lower
interest rates with the County pledging full faith and credit. The
City of Rochester Hills is the primary obligor.
4) Debt service on the current bonds is $2,510,125; estimated debt
service on refunding bonds is $2,384,547 for a net savings of
$125,578.
5) The City of Rochester Hills will receive 97.256% of the savings
($122,132) and the County of Oakland will receive 2.744% of the
savings ($3,446).
6) Refunding bonds will not be sold if, at the time bids are received,
it is not possible to achieve savings of at least $100,000 and net
present value savings of at least 2% of the principal amount.
7) Amendments to the 1996-1997 budget are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Douglas the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96047
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEMS,
FARMINGTON HILLS - SOUTHFIELD SEGMENT I REFUNDING BONDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan,
1939, as amended, the County of Oakland (the "County") has issued its Oakland
County Evergreen Farmington Sewage Disposal Systems, Farmington Hills -
Southfield Segment I Bonds dated August 1, 1989 (the "Prior Bonds") in the
original principal amount of $9,300,000 to defray the cost of acquiring and
constructing part of Segment I of the Evergreen and Farmington Sewage Disposal
Systems Pollution Control Facilities pursuant to the Evergreen and Farmington
Sewage Disposal Systems Pollution Control Facilities Southfield and Farmington
Hills Contract (the "Contract") dated as of March 1, 1988 among the City of
Farmington Hills and the City of Southfield (the "Municipalities") and the
County; and
WHEREAS the Prior Bonds remain outstanding in the aggregate principal
amount of $7,900,000, mature in various principal amounts on May 1 in the years
1996 through 2009 and bear interest at rates per annum which vary from 5.00% to
10.00%; and
WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as
amended ("Act 202") authorizes the County to refund all or any part of its funded
indebtedness; and
WHEREAS the County received requests from the Municipalities to refund all
or part of the outstanding Prior Bonds; and
WHEREAS it is in the best interests of the County and the Municipalities
that the Prior Bonds maturing in the years 1998 through 2007 be refunded.
NOW THEREFORE BE IT RESOLVED:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County (the
"Refunding Bonds") aggregating the principal sum of not to exceed Six Million
Five Hundred Thousand Dollars ($6,500,000) shall be issued and sold pursuant to
the provisions of Act 202, and other applicable statutory provisions, for the
purpose of refunding the Prior Bonds maturing in the years 1998 through 2007.
2. BOND DETAILS. The Refunding Bonds shall be designated Evergreen
Farmington Sewage Disposal Systems Farmington Hills - Southfield Segment I
Commissioners Minutes Continued. March 7, 1996
74
Refunding Bonds; shall be in the principal amount and shall be dated as of such
date as shall be determined by County Drain Commissioner as County Agency at the
time of sale; shall be numbered from l upwards; shall be fully registered; shall
be in the denomination of $5,000 each or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity at the option of the
purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per
annum to be determined upon the sale thereof payable on such dates as shall be
determined at the time of sale; and shall mature on such dates and in such
amounts as shall be determined at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on
the Refunding Bonds shall be payable in lawful money of the United States.
Principal shall be payable upon presentation and surrender of the bonds to the
bond registrar and paying agent as they severally mature. Interest shall be paid
to the registered owner of each bond as shown on the registration books at the
close of business on the fifteenth day of the calendar month preceding the month
in which the interest payment is due. Interest shall be paid when due by check
or draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption
prior to maturity upon such terms and conditions as shall be determined at the
time of sale.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate and enter into an agreement with a bond registrar and paying agent for
the Refunding Bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The Treasurer may from time
to time as required designate a similarly qualified successor bond registrar and
paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding Bonds
shall be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated by
the manual signature of an authorized representative of the bond registrar and
paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the Refunding Bonds. After the Refunding Bonds have
been executed and authenticated, they shall be delivered by the County Treasurer
to the purchaser upon receipt of the purchase price. Additional Refunding Bonds
bearing the facsimile signatures of the Chairman of the Board of Commissioners
and the County Clerk and upon which the seal of the County (or a facsimile
thereof) is impressed or imprinted may be delivered to the bond registrar and
paying agent for authentication and delivery in connection with the exchange or
transfer of the Refunding Bonds. The bond registrar and paying agent shall
indicate on each Refunding Bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender
thereof to the bond registrar and paying agent with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the registered
owner thereof, may be exchanged for Refunding Bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the
County, which shall be kept for that purpose by the bond registrar and paying
agent, upon surrender of such Refunding Bond together with a written instrument
of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and
paying agent on behalf of the County shall cancel the surrendered Refunding Bond
and shall authenticate and deliver to the transferee a new Refunding Bond or
Bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered Refunding
Bond. If, at the time the bond registrar and paying agent authenticates and
delivers a new Refunding Bond pursuant to this section, payment of interest on
the Refunding Bonds is in default, the bond registrar and paying agent shall
endorse upon the new Refunding Bond the following: "Payment of interest on this
bond is in default. The last date to which interest has been paid is
______________."
Commissioners Minutes Continued. March 7, 1996
75
The County and the bond registrar and paying agent may deem and treat the
person in whose name any Refunding Bond shall be registered upon the books of the
County as the absolute owner of such Refunding Bond, whether such Refunding Bond
shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such Refunding Bond and for all other purposes, and all payments
made to any such registered owner, or upon his order, in accordance with the
provisions of Section 3 of this resolution shall be valid and effectual to
satisfy and discharge the liability upon such Refunding Bond to the extent of the
sum or sums so paid, and neither the County nor the bond registrar and paying
agent shall be affected by any notice to the contrary. The County agrees to
indemnify and save the bond registrar and paying agent harmless from and against
any and all loss, cost, charge, expense, judgment or liability incurred by it,
acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange Refunding Bonds or portions of Refunding Bonds which have been selected
for redemption.
8. FORM OF BONDS. The Refunding Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
EVERGREEN FARMINGTON SEWAGE
DISPOSAL SYSTEMS, FARMINGTON HILLS -
SOUTHFIELD SEGMENT I REFUNDING BOND
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County"), acknowledges
itself indebted to, and for value received, hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond at
________________________________________________ the bond registrar and paying
agent, or at such successor bond registrar and paying agent as may be designated
pursuant to the Resolution, and to pay to the Registered Owner as shown on the
registration books at the close of business on the 15th day of the calendar month
preceding the month in which an interest payment is due, by check or draft drawn
upon and mailed by the bond registrar and paying agent by first class mail
postage prepaid to the Registered Owner at the registered address, interest on
such Principal Amount from ________________, 1996 or such later date through
which interest has been paid until the County's obligation with respect to the
payment of such Principal Amount is discharged, at the rate per annum specified
above. Interest is payable on the first days of May and November in each year,
commencing on __________ 1, 1996. Principal and interest are payable in lawful
money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of
__________________ Thousand Dollars ($_________) issued by the County under and
pursuant to and in full conformity with the Constitution and Statutes of Michigan
(especially Act No. 202, Public Acts of 1943, as amended) and a resolution
adopted by the Board of Commissioners of the County (the "Resolution") and an
order of the Drain Commissioner of the County as County Agency for the purpose of
refunding the outstanding Oakland County Evergreen Farmington Sewage Disposal
Systems, Farmington Hills - Southfield Segment I Bonds dated August 1, 1989
maturing in the years 1998 through 2007. The bonds of this series are issued in
anticipation of, and the principal of and interest on the bonds are payable from,
moneys to be received by the County from the City of Farmington Hills and the
City of Southfield (the "Municipalities") in payment of their respective
Commissioners Minutes Continued. March 7, 1996
76
obligations under a certain contract dated as of March 1, 1988 among the
Municipalities and the County. The full faith and credit of each Municipality
have been pledged for the making of its share of such payments. As additionally
security for the payment of the principal of and interest on the bonds of this
series the full faith and credit of the County have been pledged. Taxes imposed
by the Municipalities and the County are subject to constitutional tax rate
limitations.
This bond is transferable, as provided in the Resolution, only upon the
books of the County kept for that purpose by the bond registrar and paying agent,
upon the surrender of this bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in
the same aggregate principal amount and of the same interest rate and maturity,
shall be authenticated and delivered to the transferee in exchange therefor as
provided in the Resolution, and upon payment of the charges, if any, therein
provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal
amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to _________ 1, ______, are not subject to redemption
prior to maturity. Bonds maturing on and after ___________ 1, __________, are
subject to redemption prior to maturity at the option of the County, in such
order as shall be determined by the County, on any one or more interest payment
dates on and after ___________ 1, __________. Bonds of a denomination greater
than $5,000 may be partially redeemed in the amount of $5,000 or any integral
multiple thereof. If less than all of the bonds maturing in any year are to be
redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot.
The redemption price shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
% of the par value if called for redemption on or after
_________ 1, ______, but prior to _________ 1, ______;
% of the par value if called for redemption on or after
_________ 1, ______, but prior to _________ 1, ______;
% of the par value if called for redemption on or after
_________ 1, ______, but prior to _________ 1, ______.
Not less than thirty days notice of redemption shall be given to the
registered owners of bonds called to be redeemed by mail to each registered owner
at the registered address. Bonds or portions of bonds called for redemption
shall not bear interest on and after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and
things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of the County, including the series of bonds of which this bond is
one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board
of Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk and
its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon.
This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and
paying agent.
COUNTY OF OAKLAND
(SEAL)
By:_________________________ By:________________________
County Clerk Chairman,
Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Commissioners Minutes Continued. March 7, 1996
77
_______________________________
Bond Registrar and Paying Agent
By:____________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto
(please print or type name, address and taxpayer identification number of
transferee) the within bond and all rights thereunder and does hereby irrevocably
constitute and appoint
attorney to transfer the within bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated:__________________ ______________________________
Signature Guaranteed: ______________________________
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature guarantee
program.
9. SECURITY. The Refunding Bonds shall be issued in anticipation of the
payments to be made by the Municipalities pursuant to the Contract. As
additional security the full faith and credit of the County of Oakland are hereby
pledged for the prompt payment of the principal of and interest on the Refunding
Bonds as the same shall become due. If a Municipality shall fail to make
payments to the County that are sufficient to pay its share of the principal of
and interest on the Refunding Bonds as the same shall become due, then an amount
sufficient to pay the deficiency shall be advanced from the general fund of the
County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to pay,
at maturity or irrevocable call for earlier optional redemption, the principal
of, premium if any, and interest on the Refunding Bonds or any portion of the
Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall
be defeased with respect to such Refunding Bonds and the owners of the Refunding
Bonds shall have no further rights under this Bond Resolution except to receive
payment of the principal of, premium if any, and interest on the Refunding Bonds
from the cash or securities deposited in trust and the interest and gains thereon
and to transfer and exchange Refunding Bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There has been established for the
Prior Bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the Refunding Bonds there shall be set
aside in the Principal and Interest Fund any premium and accrued interest
received from the Purchaser of the Refunding Bonds at the time of delivery of the
same. All payments received from the Municipalities pursuant to the Contract are
pledged for the payment of the principal of and interest on the Prior Bonds that
are not refunded and the Refunding Bonds and expenses incidental thereto and as
received shall be placed in the Principal and Interest Fund. The County Agency
shall transfer moneys in the Principal and Interest Fund to the bond registrar
and paying agent for the Prior Bonds that are not refunded and the bond registrar
and payment agent for the Refunding Bonds as necessary for the payments of the
principal of and interest on such Prior Bonds and the Refunding Bonds.
12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the
proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the
Refunding Bonds and to establish an escrow fund for the Prior Bonds maturing in
the years 1998 through 2007. After the issuance expenses have been paid or
provided for the remaining proceeds shall be used to establish an escrow fund
(the "Escrow Fund") consisting of cash and investments in direct obligations of,
or obligations the principal of and interest on which are unconditionally
guaranteed by, the United States of America or other obligations the principal of
and interest on which are fully secured by the foregoing and used to pay the
principal of, interest on and redemption premiums on the Prior Bonds maturing in
the years 1998 through 2007. The Escrow Fund shall be held by a trustee (the
"Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement")
Commissioners Minutes Continued. March 7, 1996
78
which irrevocably shall direct the Trustee to take all necessary steps to pay the
interest on the Prior Bonds maturing in the years 1998 through 2007 when due and
to call such Prior Bonds for redemption at such time as shall be determined in
the Escrow Agreement. The County Treasurer shall select the Trustee and enter
into the Escrow Agreement with the Trustee on behalf of the County. The amounts
held in the Escrow Fund shall be such that the cash and the investments and the
income received thereon will be sufficient without reinvestment to pay the
principal of, interest on and redemption premiums on on the Prior Bonds maturing
in the years 1998 through 2007 when due at maturity or call for redemption as
required by the Escrow Agreement.
13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Refunding Bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan and the County Agency or the
County Treasurer shall make application to the Department of Treasury for
permission to issue and sell the Refunding Bonds as provided by the terms of this
resolution.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County
Agency shall determine the principal amount of the Refunding Bonds to be sold and
shall determine the other bond details as described in Section 2 hereof and the
terms and conditions for prior redemption as described in Section 4 hereof. The
County Agency shall prescribe the form of Notice of Sale for the Refunding Bonds
and shall publish the notice in accordance with law in a publication to be
selected by the County Agency. The County Agency and the County Treasurer and
other County officials are authorized to do all things necessary to effectuate
the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in
accordance with the provisions of this resolution.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof
of ownership of an unmatured Refunding Bond, of satisfactory evidence that the
Refunding Bond has been lost, apparently destroyed or wrongfully taken and of
security or indemnity which complies with applicable law and is satisfactory to
the Treasurer, the Treasurer may authorize the bond registrar and paying agent to
deliver a new executed Refunding Bond to replace the bond lost, apparently
destroyed or wrongfully taken in compliance with applicable law. In the event an
outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully
taken, the Treasurer may authorize the Refunding Bond registrar and paying agent
to pay the Refunding Bond without presentation upon the receipt of the same
documentation required for the delivery of a replacement Refunding Bond. The
bond registrar and paying agent for each new Refunding Bond delivered or paid
without presentation as provided above shall require the payment of expenses,
including counsel fees, that may be incurred by the bond registrar and paying
agent and the County in the premises. Any Refunding Bond delivered pursuant the
provisions of this Section 15 in lieu of any Refunding Bond lost, apparently
destroyed or wrongfully taken shall be of the same form and tenor and be secured
in the same manner as the Refunding Bond in substitution for which such Refunding
Bond was delivered.
16. TAX COVENANT. The County covenants to comply with all requirements
of the Internal Revenue Code of 1986, as amended, necessary to assure that the
interest on the Refunding Bonds will be and will remain excludable from gross
income for federal income tax purposes. The County Agency is authorized to do
all things necessary to assure that the interest on the Refunding Bonds will be
and will remain excludable from gross income for federal income tax purposes.
17. OFFICIAL STATEMENT. The County shall cause the preparation of an
official statement for the Refunding Bonds for the purpose of enabling compliance
with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule") and shall do all other things necessary to enable compliance with
the Rule. After the award of the Refunding Bonds, the County will provide copies
of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a
timely basis and in reasonable quantity as requested by the successful bidder or
bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the
Rule and the rules of the Municipal Securities Rulemaking Board.
18. CONTINUING DISCLOSURE. 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 a continuing disclosure
undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of
Commissioners Minutes Continued. March 7, 1996
79
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.
19. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #96047)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE
DISPOSAL SYSTEMS, FARMINGTON HILLS - SOUTHFIELD SEGMENT I REFUNDING BONDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #96047 and finds:
1) Resolution #89160 authorized the issuance of Segment I bonds for the
Evergreen-Farmington Sewage Disposal System in the amount of
$9,300,000 on June 29, 1989; bonds were issued on August 1, 1989.
2) Chapter VI of Public Act 202, as amended, authorizes the County to
refund all or any part of its funded indebtedness.
3) This resolution authorizes the refunding of $5,500,000 of the
current $7,900,000 in outstanding bonds to take advantage of lower
interest rates.
4) Debt service on the current bonds is $8,264,350; estimated debt
service on refunding bonds is $7,808,017 for a net savings of
$456,333.
5) The City of Farmington Hills will receive 50.29% of the savings
($229,490) and the City of Southfield will receive 49.71% of the
savings ($226,843).
6) Refunding bonds will not be sold if, at the time bids are received,
it is not possible to achieve savings of at least $100,000 and net
present value savings of at least 2% of the principal amount.
7) There is no financial impact on the County as a result of the
refunding of the bonds.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Moffitt the resolution be adopted.
AYES: McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: 1995 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
In accordance with Section "E" of Rule X of the Board Rules, your Planning
and Building Committee has completed the 1995 portion of its biennial inspection
of County-owned buildings and grounds. The Service Center facilities inspected
were Community Mental Health, North Office, Executive Office, Health Center,
Health Annex, Medical Care, Law Enforcement Complex, Work Release, Jail "D", Jail
"L", Pontiac Farmers' Market and Public Works Building. Additionally, off-campus
facilities inspected were Materials Management, Animal Control, South Oakland
Health, Oakland/Pontiac Airport, Oakland/Troy Airport and the Springfield Oaks
Activity Center.
Commissioners Minutes Continued. March 7, 1996
80
Copies of the individual building reports are on file with the Committee
Reporter and are available for review. The facilities inspected were found to be
clean and well maintained. Minor deficiencies were brought to the attention of
staff for immediate correction.
Projects completed in 1995 include:
1. Courthouse West Wing Extension
2. Parking Lot Expansion and Repaving of:
a. Commissioners' Parking Lot
b. Community Mental Health Parking Lot
c. Children's Village "J" Building Parking Lot
3. Repaving of North Jail Parking Lot
4. Construction of two new Circuit Court Rooms
5. Purchase of two Oakland Pointe Facilities
6. Children's Village Fire Alarm Improvements
7. Medical Care Facility Fire Alarm and Emergency Lighting Improvements
8. Executive Office Building Renovations (One Stop Shop)
9. Service Center Signage - Phase I
10. Relocation of 52-1 District Court to Novi
11. Redesign and Expansion of 52-2 District Court
12. Relocation of Equalization Division to Oakland Pointe Facility
Projects begun in 1995 and scheduled for completion in 1996 include:
1. Courthouse Lobby Expansion
2. Update of County Solid Waste Management Plan - Demonstration of
Available Disposal Capacity
3. 200 Bed Inmate Housing Project at Trusty Camp
4. *Sale of Fourth Street, Troy Street and Royal Oak Market Facilities
5. Relocation of Road Commission Traffic Operations Center to Service
Center
6. Courthouse Prisoner Detention Facility Expansion
7. Americans with Disabilities Act Improvements (ADA)
8. Service Center Signage - Phase II
9. Oakland Pointe Office Building Renovations
10. West Oakland Office Building Renovations
11. Courthouse West Wing Renovations (Treasurer's Office)
12. Electrical Upgrades Project (Courthouse and Law Enforcement Complex)
13. Courthouse Bell Installation
14. Space Needs Study Update
15. Elimination of >O=COM as a County function.
In related activities, the department has provided engineering services to
the Parks and Recreation Commission, the Road Commission, and County Airports.
As indicated by the 1996 Capital Improvement Program, 1996 is expected to
be another active year.
*The Planning and Building Committee believes that if a satisfactory offer
is not received from the city of Royal Oak by April 16, that the property should
be put up for general sale.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Law the Planning and Building Committee Report
be accepted.
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted.
MISCELLANEOUS RESOLUTION #96048
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
Commissioners Minutes Continued. March 7, 1996
81
IN RE: AUTHORIZATION TO RECEIVE BIDS - 1996 ROOF REPLACEMENT PROGRAM - MEDICAL
CARE FACILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, Planning and Building
Committee, has recognized the need for reroofing work at the Medical Care
Facility by identifying the project as priority 7 in the Building Section of the
1996 Capital Improvement Program; and
WHEREAS the work will involve the complete reroofing of the Medical Care
Facility, encompassing 49,000 square feet; and
WHEREAS such construction and related expenses have been estimated to cost
$250,000; and
WHEREAS funding of $250,000 for this project is included in the Building
Section of the 1996 Capital Improvement Program.
NOW THEREFORE BE IT RESOLVED that the Department of Facilities Management
is authorized to advertise said project for bids, receive bids for reroofing work
at the Medical Care Facility, and to report to the Planning and Building
Committee upon receipt and tabulation of such bids.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #96049)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: OAKLAND COUNTY INTERNATIONAL AIRPORT - ELECTRIC UTILITY EASEMENT REQUEST
FROM DETROIT EDISON COMPANY, TAX SIDWELL NUMBER 13-16-101-055, LOT 34 OF AIRPORT
SUBDIVISION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 26, 1996, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #96049
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/REAL ESTATE SECTION - OAKLAND COUNTY
INTERNATIONAL AIRPORT - ELECTRIC UTILITY EASEMENT REQUEST FROM DETROIT EDISON
COMPANY, TAX SIDWELL NUMBER 13-16-101-055, LOT 34 OF AIRPORT SUBDIVISION
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County-owned property located at 6500 Highland Road, Waterford
Township known as Oakland County International Airport; and
WHEREAS the Detroit Edison Company is requesting an easement on County
property identified as Lot 34 of Airport Subdivision, tax sidwell number 13-16-
101-055; and
WHEREAS this request is for the relocation, installation, operation and
maintenance of overhead wires; and
WHEREAS the Airport Committee and Airport Manager have reviewed and
recommend the granting of this easement to Detroit Edison Company on Lot 34,
Airport Subdivision, tax sidwell number 13-16-101-055.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the granting of this easement to Detroit Edison Company on Lot 34,
Commissioners Minutes Continued. March 7, 1996
82
Airport Subdivision, tax sidwell number 13-16-101-055 for the installation and
maintenance of overhead wires.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs its Chairperson to execute the necessary documents to effect the same.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Kaczmar the General Government Committee
Report be accepted and the resolution be adopted.
Commissioner Powers made a friendly amendment to Resolution #96049 to
correct the name OAKLAND/PONTIAC AIRPORT in the title of the resolution and in
the first WHEREAS paragraph to show its new name OAKLAND COUNTY INTERNATIONAL
AIRPORT.
AYES: Palmer, Pernick, Powers, Schmid, Taub, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht. (22)
NAYS: None. (0)
ABSTAIN: Wolf. (1)
A sufficient majority having voted therefor, the report was accepted and
the resolution was adopted.
REPORT (Misc. #96028)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - APPROVAL OF REPLACEMENT LEASE (RIVER CREST)
OSTRUM STREET, WATERFORD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
resolution on March 7, 1996, reports with the recommendation that the resolution
be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move the
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #96028
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - APPROVAL OF REPLACEMENT LEASE - (RIVER CREST)
OSTRUM STREET, WATERFORD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Board approved on
October 12, 1995 an amendment to the Training and Treatment Innovations Supported
Housing Contract to include operation of the River Crest residential facility
effective October 1, 1995; and
WHEREAS the existing lease on the River Crest facility, at 5695 Pontiac
Lake Road, Waterford Township, expired December 31, 1995; and
WHEREAS due to the conditions of the River Crest property upon assuming of
the operation of this program, Oakland County Community Mental Health proceeded
to obtain an alternative residential program property and investor; and
WHEREAS an alternative property has been secured at 2034 Ostrum, Waterford
Township that is suitable for the program; and
WHEREAS a lease has been negotiated between Teck S. Lian and Ronald D. Leix
lessors and Oakland County for this property; and
WHEREAS the lease total is $101,820 to be paid in monthly installments of
$1,697; and
WHEREAS this five year lease will take effect February 1, 1996 and expire
January 31, 2001.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached lease between Oakland County and named lessors effective
Commissioners Minutes Continued. March 7, 1996
83
February 1, 1996.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Specialized Residential Services Lease Agreement on file in the
County Clerk=s office.
FISCAL NOTE (Misc. #96028)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - APPROVAL OF REPLACEMENT LEASE - (RIVER CREST)
OSTRUM LEASE, WATERFORD TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #96028 and finds:
1) The lease amount is $20,364 on an annual basis.
2) For the remainder of Fiscal Year 1995/96, based on a
February 1, 1996, effective date, the lease amount is $13,576.
3) The budget includes $23,000 annually based on the proposal as
approved by the Department of Mental Health.
4) The difference in the amount of $2,636 between the annual budgeted
amount and the annual lease amount is recommended to remain as
budgeted for several reasons: the funding occurred as a result of a
State facility transfer and may be subject to categorical funding
restrictions for a three-year period; the Department of Mental
Health may reduce a portion of the funding for Fiscal Year 1995/96
since DMH held and continued paying the old River Crest lease until
a replacement lease could be obtained; there may be unforeseen costs
associated with the transition to the new facility.
5) Amendments to the Biennial Budget are not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Taub the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Taub the resolution be adopted.
Discussion followed.
Moved by Moffitt supported by Garfield the resolution be amended to add an
additional paragraph, to read:
NOW BE IT FURTHER RESOLVED that the approval of said lease is
contingent upon the County=s being granted an option in form
satisfactory to it to subsequently purchase said property during the
term of the lease.
Discussion followed.
Vote on amendment:
AYES: Powers, Wolf, Garfield, Kingzett, Law, McCulloch, McPherson,
Moffitt. (8)
NAYS: Pernick, Schmid, Taub, Amos, Crake, Devine, Dingeldey, Douglas,
Holbert, Jacobs, Jensen, Johnson, Kaczmar, Obrecht, Palmer. (15)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Schmid, Taub, Wolf, Amos, Dingeldey, Douglas, Holbert, Jacobs,
Jensen, Johnson, Obrecht, Palmer, Pernick. (13)
NAYS: Powers, Crake, Devine, Garfield, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt. (10)
Commissioners Minutes Continued. March 7, 1996
84
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #96034)
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: TUBERCULOSIS TESTING FOR VOLUNTEERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced
resolution on February 27, 1996, reports with the recommendation that the
resolution be adopted with the following amendments:
The 5th WHEREAS paragraph be changed to read: AWHEREAS, cases of TB in the
past ten five years in Oakland County have gone from a low of 31 cases in
1991 to a high of 51 55 cases in 1995; and@
Chairperson, on behalf of the Public Services Committee, I move acceptance
of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #96034
BY: Commissioner Shelley Goodman Taub, District #12; Commissioner Donna Huntoon,
District #2
IN RE: TUBERCULOSIS TESTING FOR VOLUNTEERS
Chairperson, Ladies and Gentlemen:
WHEREAS tuberculosis (TB) kills more people in the world than any other
communicable disease; and
WHEREAS one-third of the world population is infected with TB; and
WHEREAS there has been a decline in TB in the United States and the State
of Michigan since the discovery of antibiotics with which to treat the disease;
and
WHEREAS this decline has not been as rapid as expected by the Michigan
Department of Health, Communicable Disease Division; and
WHEREAS cases of TB in the past ten years in Oakland County have gone from
a low of 31 cases in 1991 to a high of 51 cases in 1995; and
WHEREAS many of the new cases of TB are attributed to those individuals who
have AIDS, or who are from a foreign country or who are homeless; and
WHEREAS TB can be treated with six months of antibiotic therapy; and
WHEREAS Oakland County has done an excellent job through their ADirectly
Observed Therapy Program@ to ensure that those residents who contract this
communicable disease continue their antibiotic therapy for six months after
release from a hospital; and
WHEREAS health care workers are routinely tested for TB; and
WHEREAS it would be prudent for individuals such as community and church or
synagogue volunteers who assist in soup kitchens and homeless shelters, and with
immigrant populations to follow the same testing procedures as health care
workers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
requests that the Oakland County Health Division undertake an active program to
communicate the prudence of a baseline TB test for volunteers and the
availability of free TB skin tests for all individuals who do volunteer work with
groups who are at risk for tuberculosis.
BE IT FURTHER RESOLVED that this resolution be sent to Mr. James Haveman,
Director of Public and Mental Health for the State of Michigan and Representative
John Jamian, Chairman of the Health Policy Committee.
Chairperson, we move adoption of the foregoing resolution.
Shelley Taub, Donna R. Huntoon
Moved by Taub supported by Schmid the Public Services Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Schmid the resolution be adopted.
Moved by Taub supported by Schmid the resolution be amended to coincide
with the recommendation in the Public Services Committee Report.
Commissioners Minutes Continued. March 7, 1996
85
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Schmid, Taub, Wolf, Amos, Devine, Dingeldey, Douglas, Garfield,
Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers. (22)
NAYS: Crake. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #96002)
BY: Public Services Committee, Shelley G. Taub, Chairperson
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:
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
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
Commissioners Minutes Continued. March 7, 1996
86
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
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 carried forward. There were no objections.
MISCELLANEOUS RESOLUTION #96050
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF COMMERCE - 1996/1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Commerce 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 provides that an amendment to this
contract must be approved by concurrent resolutions of both the Oakland County
Board of Commissioners and the Commerce Township Board; and
WHEREAS Commerce Township has approved a proposed amendment to the contract
(Schedule A-Sheriff's Deputies Contracted) which would add one (1) Patrol
Investigator resulting in a new total of four (4) Patrol Investigators being
contracted and bring the total number of contracted deputies to eighteen (18);
and
WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator for
Commerce 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 Charter Township of Commerce to increase the number of Patrol
Investigators from the original three (3) to a new total of four (4).
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.
BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep
radio) be added to the County fleet.
BE IT FURTHER RESOLVED that this amendment will take effect on
March 9, 1996.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
Commissioners Minutes Continued. March 7, 1996
87
PUBLIC SERVICES COMMITTEE
Copy of Schedule A on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96051
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: SHERIFF=S DEPARTMENT - ACCEPTANCE OF A CONTRACT FOR THE DOCKAGE OF A
SHERIFF=S MARINE UNIT BOAT ON UNION LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff's Marine Unit patrols the lakes of Oakland County for
the benefit of the protection and safety of the users of the lakes; and
WHEREAS Union Lake is a busy lake patrolled almost daily; and
WHEREAS Aggressive Marine, through its President, Craig A. Stigleman, has
offered the Sheriff dockage for one boat at their facility on Union Lake at no
charge until September 30, 1996, according to the terms of the attached contract;
and
WHEREAS the Board of Commissioners' procedure for acceptance of a
gift/donation from private sources (Miscellaneous Resolution #83204) allows for
the administrative acceptance of a gift/donation with a value of $9,999.00 or
less; and
WHEREAS the value of the gift here offered is stated as $1,250; and
WHEREAS the acceptance of the gift requires the execution of a contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the gift of dockage from Aggressive Marine.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners be authorized to execute the contract offered with Aggressive
Marine.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Annual Storage and Dockage Contract and/or Winter Storage Agreement
on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96052
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: PUBLIC SERVICES/ADMINISTRATION/COMMUNITY CORRECTIONS - TRANSFER OF
CIRCUIT COURT COMMUNITY SERVICE PROGRAM AND CREATION OF TWO (2) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Community Corrections Administrator proposes to transfer the
existing Community Service program administered by the Circuit Court Probation
Division to the Public Services Department, Community Corrections Unit; and
WHEREAS this proposal involves the creation of a new classification and
position titled Community Service Coordinator, and one Typist I; and
WHEREAS this proposal also involves the transfer of over $39,000 and the
students it pays for from Circuit Court Probation to the Community Corrections
Unit; and
WHEREAS the proposed Community Service Coordinator will continue to
maintain and expand the Community Service program=s relationship with the 220
non-profit agencies throughout Oakland County where offenders perform community
service; and
WHEREAS the proposed coordinator will also explore the expansion of the
Community Service program to district courts in Oakland County and will expand
the use of citizen volunteers and interns.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the transfer of the Circuit Court Community Service program from
Commissioners Minutes Continued. March 7, 1996
88
Circuit Court Probation to the Public Services Department, Community Corrections
Unit.
BE IT FURTHER RESOLVED that continuation of this program is contingent upon
continuation of State funding at a sufficient level to maintain the program.
BE IT FURTHER RESOLVED that the Public Services Department shall determine
a reasonable fee per offender for inclusion in probation oversight fee
assessment, said fee not to exceed $100.00.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
create one (1) new classification titled Community Service Coordinator, grade 11,
Reg. OT.
BE IT FURTHER RESOLVED that one (1) GOV Community Service Coordinator and
one (1) GOV Typist I position be created in the Community Corrections Unit of the
Public Services Department.
BE IT FURTHER RESOLVED that the Typist I position be underfilled by a part-
time, non-eligible employee during the program=s initial start-up process, and
that after 3 to 6 months the Community Corrections Administrator shall come back
to the committees with additional information to justify filling the position on
a full-time basis.
BE IT FURTHER RESOLVED that these two positions be approved for one year,
with continuation subject to review and recommendation by the Public Services
Committee.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #96052)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PUBLIC SERVICES/ADMINISTRATION/COMMUNITY CORRECTIONS - TRANSFER OF
CIRCUIT COURT COMMUNITY SERVICE PROGRAM AND CREATION OF TWO (2) POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #96052 and finds:
1) The Community Corrections Administrator proposes to transfer the
Community Services Program, currently administered by Circuit Court
Probation, to the Community Corrections Unit under Public Services -
Administration Division.
2) This proposal also includes a request to create a new classification
and position titled Community Service Coordinator at a grade 11, and
the addition of one (1) Typist I position.
3) Currently, the Community Services Program is funded by the State for
Student Interns, in the amount of $39,000, and will continue as such
with the proposed transfer.
4) Community Corrections proposes to offset costs by State funding for
one-half the Operating costs and one-half the clerical cost, in
addition to charging a $25.00 administrative fee for each offender
(which will be strongly recommended to the judges).
5) The total cost of adding one (1) new Community Services Coordinator
and one (1) Typist I position is $76,913 for the remainder of 1996
(effective 3-16-96) and an annual cost of $93,740 (see attached
Schedule).
6) Offsetting revenue is anticipated in the amount of $25,150 (State -
$15,750; Fees - $9,400) for 1996 and $33,500 annually (State -
$21,000; Fees - $12,500).
7) Funds are available in the 1996 Contingency Account to fund the
balance of this proposal, and a budget amendment to the 1996/1997
Adopted Budget is recommended as detailed in the attached schedule.
8) Continuation of the Typist I position shall be contingent upon
continued State funding at a level sufficient to maintain the
Community Service Program.
9) Upon review of the Community Service Coordinator and Typist I
positions, additional information must be included regarding the
State=s commitment to continue funding one-half the cost of the
Typist I position.
Commissioners Minutes Continued. March 7, 1996
89
10) The review process for the said positions will include both Public
Services Committee and Finance and Personnel Committee.
FINANCE AND PERSONNEL COMMITTEE
Copy of attached schedule on file in the County Clerk=s office.
Moved by Taub supported by Holbert the resolution be adopted.
AYES: Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield,
Holbert, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #96053
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: OAKLAND COUNTY HUMAN SERVICES COORDINATING COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has, through a multi-agency effort of the
Michigan human services department directors, promulgated a report dated
February 15, 1995, and known as "Systems Reform for Children and Their Families:
Strategies for Change", ("the Report"); and
WHEREAS the Report contains ten "recommendations critical to
implementation" of the Report; and
WHEREAS the Report, by its terms, is intended to "design a road map which
will facilitate collaborative, seamless, locally-controlled, and family-friendly
systems of services"; and
WHEREAS the County of Oakland is and has been a state-wide leader in the
organization and implementation of inter-agency and combined cooperative efforts
with private sector agencies to meet the social services needs of children and
their families, including but not limited to the implementation of the "Families
First" program, the "Wrap Around" program, a Youth Assistance program, the 4H
program, full management of Community Mental Health and other similar efforts;
and
WHEREAS the first "key step" in the implementation of the Report, as set
forth therein, is the formation of "one multi-purpose collaborative body as a
decision-making body to coordinate human services within the community"; and
WHEREAS the Report states that what constitutes the "community" is to be
defined by the Community itself; and
WHEREAS the Report concludes that the State will communicate to communities
that "effective collaborative policy-making structures" should be organized to
"involve at a minimum: (a) agency directors of the department of social services,
community mental health, local public health, intermediate school districts, area
agencies on aging, or senior volunteer agencies or their designated
representatives with decision-making authority, (b) consumers and families, (c)
private agency and community representative, and (d) prosecutors and probate
judges;" and
WHEREAS the Oakland County Executive is, by 1973 Public Act 139, charged
with the primary local responsibility for the delivery of publicly funded public
health services and county human services programs within Oakland County; and
WHEREAS the Oakland County Board of Commissioners, through the mechanisms
of the Oakland County Community Mental Health Agency, is responsible for the
delivery of publicly funded mental health services; and
WHEREAS the Oakland County Board of Commissioners budgets for and works
with the Oakland County Prosecutor's office, the Juvenile Division of the Oakland
County Probate Court, and the Oakland County Extension Service, within the
overall framework of Oakland County Unified Form of County Government, for the
purpose of assisting the efficient operations of those entities and the delivery
of services to the public, specifically including programs to address the need of
children and their families; and
WHEREAS the County of Oakland is a "local unit" and the Oakland County
Board of Commissioners is a "legislative body" under the definitions of, and
Commissioners Minutes Continued. March 7, 1996
90
subject to provisions of the Uniform Budgeting and Accounting Act, Act 2 of the
Public Acts of 1968, as amended, MCL 141.421 et seq.; and
WHEREAS pursuant to Article VII, Section 8 of the 1963 Constitution of the
State of Michigan and MCL 45.556(c), the Oakland County Board of Commissioners
may establish committees of the Board necessary for the efficient conduct of
business and, pursuant to MCL 45.556(a), may exercise all powers and duties
vested in county boards of commissioners not inconsistent with the provisions of
1973 Public Act 139.
NOW THEREFORE BE IT RESOLVED:
1. A "Collaborative Body" in the nature of that called for in the
February 15, 1995 report entitled "Systems Reform for Children and
Their Families: Strategies for Change" ("the Report") is hereby
established within the County of Oakland.
2. The name of the "Collaborative Body" shall be the "Oakland County
Human Services Coordinating Council."
3. The mission of the Oakland County Human Services Coordinating
Council shall be to act as the central advisory authority for
coordinating the delivery of social services within the County of
Oakland, pursuant to the terms of the Report, Michigan Law, and
Oakland County rules, policies and procedures.
4. The membership of the Oakland County Human Services Coordinating
Council shall include:
a. The Director of the Oakland County Department of Social
Services;
b. The Director of the Oakland County Community Mental
Health Department;
c. The Health Officer/Manager of the Oakland County Health
Division;
d. The Manager of the Oakland County Employment and
Training Division;
e. The Superintendent of the Oakland County Intermediate
School District;
f. The Oakland County Prosecutor;
g. The Oakland County Chief Probate Judge;
h. Two members of the Oakland County Board of
Commissioners;
i. The Oakland County Executive, or his designee;
j. The Executive Director of the Area Agency on Aging - 1B
k. One representative from consumers or the families of
consumers of human services within Oakland County;
l. One representative from a private agency which provides
privately funded human services within Oakland County.
5. To the extent that funds are made available by the State or Federal
government, or by any other source, to or for the use of the Oakland
County Human Services Coordinating Council, or Oakland County, its
boards, agencies or departments, for or on behalf of a program
coordinated by the Oakland County Human Services Coordinating
Council, the County of Oakland shall act as fiduciary for those
funds, pursuant to standard Oakland County policies and procedures
therefore, and such policies and procedures shall be consistent with
the terms and requirements of the Uniform Budgeting and Accounting
Act, Act 2 of the Public Acts of 1968, as amended, MCL 141.421
et seq.
6. To the extent that the Oakland County Human Services Coordinating
Council, or any Oakland County agency, board, commission or
department, for or on behalf of the Oakland County Human Services
Coordinating Council, initiates a program, applies for or receives
grants from any source, or enters into contracts for the provision
of services, the initiatives, programs, grant applications, grant
agreements, and contracts for the provision of services shall be
processed and approved pursuant to standard Oakland County policies
and procedures therefore.
7. The Oakland County Human Services Coordinating Council shall report
to the Public Services Committee of the Oakland County Board of
Commissioners Minutes Continued. March 7, 1996
91
Commissioners.
8. To the extent that the Oakland County Human Services Coordinating
Council utilizes any non-County funding mechanisms, non-County
fiduciaries for the receipt or administration of funding, applies
for or receives grants through any non-County member of the Council,
or provides services through any non-County member of the Council,
appropriate hold harmless and insurance liability coverage language
shall be developed and implemented in any contracts, agreements, and
documents pertaining thereto as may be deemed necessary to protect
the County of Oakland, the Oakland County Board of Commissioners,
Oakland County elected officials and Oakland County's officers,
agents, and employees, from any and all liability pertaining to the
use, misuse, or misappropriation of funds, or other similar claims;
and for any and all claims for personal injury, loss, property
damage and other similar claims.
9. The County of Oakland, in a manner consistent with 1973
Public Act 139, shall furnish accounting, administrative, legal and
ancillary services to the Oakland County Human Services Coordinating
Council, and may charge and recover the cost of providing such
services.
10. The Oakland County Human Services Coordinating Council, except as
otherwise be permitted or provided by law, shall generally be
operated in accordance with the general guidelines set forth in the
Report, and such other and further guidelines, policies and
procedures as may be promulgated by the State of Michigan Human
Services Directors.
11. Nothing contained herein is or shall be construed as a waiver, in
whole or in part, of any rights, claims, or privileges afforded to
the County of Oakland under the provisions of the Headlee Amendment,
Article IX, Section 29 of the 1963 Constitution of the State of
Michigan, or of any other rights, claims or privileges reserved to
the County of Oakland under the 1963 Constitution of the State of
Michigan and the laws of this state.
12. The Oakland County Board of Commissioners may review the operation
of the Oakland County Human Services Coordinating Council as
necessary.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the forgoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Taub supported by Wolf the resolution be adopted.
Moved by Schmid supported by Dingeldey the resolution be amended in the NOW
THEREFORE BE IT RESOLVED paragraph, under Section 4, to add item (m) to read as
follows: m. Executive Director of Oakland Livingston Human Services Agency
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #96054
BY: Lawrence R. Pernick and other Commissioners
IN RE: ROAD FUNDING AND MUTUAL OPERATIONS WITH ROAD COMMISSION FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the condition of our road network including County and municipal
roads has significantly deteriorated in recent years; and
WHEREAS continued economic expansion and population growth are dependent on
Commissioners Minutes Continued. March 7, 1996
92
a well maintained, safe and expanding road network; and
WHEREAS the Road Commission for Oakland County in consultation with local
governments has determined that an amount in excess of one billion dollars is
needed to meet the essential needs of the County=s road network; and
WHEREAS the State Legislature and Governor John Engler have not provided
any additional revenue sources to accomplish this task; and
WHEREAS Governor John Engler has recently diverted $192,000,000 in 3 year
federal funding for County and local governments roads to be used on State roads.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
urges and recommends the following actions:
1. Reconsideration by Governor John Engler of his decision to divert
Federal road monies intended to meet the needs of counties and local
governments.
2. Renewal of negotiations with the State legislators and Governor
Engler under the good offices of the Michigan Association of
Counties to provide additional revenues to meet the urgent needs of
Oakland County and its local governments.
3. Urge the County Executive and Road Commission for Oakland County to
enter into immediate study and negotiations for the joint operation
for common services such as purchasing, personnel, risk management,
information technology, printing and communications.
Chairperson, on behalf of the below-signed commissioners, I move the
adoption of the foregoing resolution.
Lawrence R. Pernick, Jeff Kingzett
Ruel E. McPherson, JoAnne Holbert,
Eugene Kaczmar, Dan Devine, Jr.,
Gilda Z. Jacobs
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96055
By: Commissioners Thomas A. Law and David L. Moffitt
IN RE: BOARD OF COMMISSIONERS - PUBLICATION OF AGENDA
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland operates under the Freedom of Information Act
(FOIA), 1976 Public Act 442, which declares that, "It is the policy of this State
that all persons...are entitled to full and complete information regarding the
affairs of government and the official acts of those who represent them as public
officials and public employees...so that they may fully participate in the
democratic process."; and
WHEREAS the County of Oakland operates under the Open Meetings Act, 1976
Public Act 267, as amended, which strengthens the right of citizens to know what
actions are being taken by their government; and
WHEREAS the principals of democratic representation are most manifest at
the local level of government; and
WHEREAS the government of the County of Oakland can work best for its
citizens when those citizens are informed and involved in the decisions of its
government.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby direct that the agendas of the Oakland County Board of Commissioners=
meetings be published by all cable television companies, and requests that the
County Clerk, in conjunction with the County Executive=s Media and Communication
Director, execute this public service.
Chairperson, we move the adoption of the foregoing resolution.
Thomas A. Law, District #13,
David L. Moffitt, District #18
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96056
By: Commissioners David L. Moffitt and Thomas A. Law
Commissioners Minutes Continued. March 7, 1996
93
IN RE: BOARD OF COMMISSIONERS - AMEND BOARD RULES FOR THE CONDUCT OF BUSINESS OF
THE AUDIT COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland operates under the Freedom of Information Act
(FOIA), 1976 Public Act 442, which declares that, "It is the policy of this State
that all persons...are entitled to full and complete information regarding the
affairs of government and the official acts of those who represent them as public
officials and public employees...so that they may fully participate in the
democratic process."; and
WHEREAS the County of Oakland operates under the Open Meetings Act, 1976
Public Act 267, as amended, which strengthens the right of citizens to know what
actions are being taken by their government; and
WHEREAS Article VIII, E., of the Rules of the Oakland County Board of
Commissioners, adopted February 1, 1996, as amended, defines the membership and
the reporting relationship of the Audit Committee; and
WHEREAS the Audit Committee will from time to time be charged with
formulating and deliberating County policy beyond a strictly advisory capacity;
and
WHEREAS to insure that this Board of Commissioners, in the conduct of its
business, does not violate any Asunshine@ statutes of the State of Michigan, it
is imperative that the Audit Committee comply to the same standards of notice,
conduct, and recording of actions as the Standing Committees of this Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby amend Article VIII., E. of its Rules as follows:
E. There shall be an Audit Committee consisting of five members, two
members to be appointed by the Chairperson of the Finance and
Personnel Committee, two members to be appointed by the Chairperson
of the Strategic Planning Committee, and the final member to be the
Chairperson of the Board of Commissioners or his/her designee. The
Audit Committee shall report to the Finance and Personnel Committee
and the Strategic Planning Committee in accordance with the
provisions of Board Rule XI, Standing Committee Responsibilities.
The Audit Committee shall meet in accordance with the Open Meetings
Act, Public Act 267, of 1976, as amended, and shall be subject to
all the rules and procedures as full standing committees of the
Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
David L. Moffitt, District #18,
Thomas A. Law, District #13
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #96057
BY: Commissioners David Moffitt, Lawrence Obrecht, Thomas Law, John Garfield,
Dan Devine
IN RE: ESTABLISH AD HOC ALTERNATIVE RESIDENTIAL PROGRAM PROPERTY DEVELOPMENT
POLICY STUDY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Board is securing
resident facilities for its clients; and
WHEREAS the Oakland County Community Mental Health Board approved on
October 12, 1995 an amendment to the Training and Treatment Innovations Supported
Housing Contract to include operation of the River Crest Residential facility
effective October 1, 1995; and
WHEREAS the existing lease on the River Crest facility, at 5695 Pontiac
Lake Road, Waterford Township, expired December 31, 1995; and
WHEREAS due to the conditions of the River Crest property upon assuming of
the operation of this program, Oakland County Community Mental Health proceeded
to obtain an alternative residential program property and investor; and
WHEREAS an alternative property was secured at 2034 Ostrum, Waterford
Township that is suitable for the program.
Commissioners Minutes Continued. March 7, 1996
94
NOW THEREFORE BE IT RESOLVED prior to such further alternative residential
program property leases being approved by the Board of Commissioners, the
Community Mental Health Director report to the appropriate liaison committee of
this Board with a revised proposed alternative residential program development
policy.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby establishes
an Ad Hoc Alternative Residential Program Property Development Policy Study
Committee, with members to be appointed by the Chairperson of the Board of
Commissioners to prepare a proposed revised policy for adoption by the Board of
Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
John P. Garfield, Thomas A. Law,
David L. Moffitt, Jeff Kingzett
The Chairperson referred the resolution to the General Government, Planning
and Building, Public Services and Finance and Personnel Committees. There were
no objections.
MISCELLANEOUS RESOLUTION #96058
BY: David L. Moffitt, County Commissioner, District #18; Lawrence R. Pernick,
County Commissioner, District #20; Gilda Z. Jacobs, County Commissioner,
District #23; Shelley G. Taub, County Commissioner, District #12
IN RE: DESIGNATION OF APRIL 14, 1996 AS HOLOCAUST MEMORIAL DAY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS fifty-one years ago the Allied Forces achieved victory over one of
the most oppressive, murderous and inhumane menaces in recorded history; and
WHEREAS the tragedy of the terrible reign of the Nazis must never be
forgotten; and
WHEREAS the cries of grief and pain of the survivors, and the mute witness
of millions of victims in mass graves will always seed renewed resolve that such
brutal inhumanity of man to man never recur; and
WHEREAS April 14, 1996, has been designated by community and religious
organizations as a day of Memorial observance; and
WHEREAS the Oakland County Board of Commissioners desires to join in this
observance to commemorate the victims of the Holocaust and express our desire
that such horrors are never repeated.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby declare April 14, 1996, to be Holocaust Memorial Day in Oakland
County.
Chairperson, we move the adoption of the foregoing resolution.
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:
FINANCE AND PERSONNEL
a. 1995-1996 Child Care Fund Approval
GENERAL GOVERNMENT
a. 1995-1996 Child Care Fund Approval
b. Representative Jon Jellema - Gas Tax: Response from Bipartisan
Groups
c. Michigan Department of Social Services - Cooperative Reimbursement
Cancellation of Agreement
PUBLIC SERVICES
a. Michigan Department of Social Services - Cooperative Reimbursement
Cancellation of Agreement
b. Prosecutor - Cancellation of Agreement Clause in MDSS 1996 Child
Support Enforcement Contracts
c. Michigan State Police - Request for Purchase of Video
Teleconferencing Equipment
OTHERS
Management and Budget, Equalization, Treasurer
Commissioners Minutes Continued. March 7, 1996
95
a. Village of Oxford - Ind. Fac. Ex. Cert., Mackie Automotive, 12
year/100%
b. Village of Oxford - Ind. Fac. Ex. Cert., Mackie Automotive, 12
year/50%
There were no objections to the referrals.
The Board adjourned at 11:35 A.M. to the call of the Chair, or
March 21, 1996 at 9:30 A.M.
LYNN D. ALLEN JOHN MCCULLOCH
Clerk Chairperson