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HomeMy WebLinkAboutMinutes - 1996.11.07 - 8220 402 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 7, 1996 Meeting called to order by Chairperson John McCulloch at 9:46 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (24) ABSENT: Quarles (with notice). (1) Quorum present. Invocation given by Commissioner Lawrence Pernick. Pledge of Allegiance to the Flag. Moved by Wolf supported by Dingeldey the minutes of the October 24, 1996 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Palmer to address the County Executive=s veto of Miscellaneous Resolution #96232 - ADOPTION OF THE OAKLAND COUNTY WELL PROTECTION AND EDUCATION POLICY, after Public Comment and before the Reports of Standing Committees on the agenda. AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Commissioner Palmer, along with Commissioners Devine, Garfield and McCulloch, presented a Proclamation to the Honorable Judge Michael A. Martone, 52nd District Court/4th Division, for his dedicated effort and work with the youth of our community. The following people addressed the Board: Corporation Counsel Jerry Poisson, Renee Crouch, Dan Devine, Robert Haney, Pam Mazick, David Loeffler, Steve McPherson, Sherry Holleman, Bob Fleming, Jane Mannor, Sal Giammarusti, Bill Corsaut, Ruel McPherson and Shannon Dare. Moved by Palmer supported by Huntoon to override the County Executive=s Commissioners Minutes Continued. November 7, 1996 403 veto of Miscellaneous Resolution #96232 - ADOPTION OF THE OAKLAND COUNTY WELL PROTECTION AND EDUCATION POLICY. Discussion followed. Chairperson McCulloch stated a AYES@ vote would override the veto of Miscellaneous Resolution #96232; a ANO@ vote will not. A two-thirds (2/3) vote - 17 votes is required to override the veto. Vote to override veto: AYES: Crake, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos. (21) NAYS: Devine, Law, Moffitt. (3) A sufficient majority having voted therefor, the motion to override the County Executive=s veto of Miscellaneous Resolution #96232 - ADOPTION OF THE OAKLAND COUNTY WELL PROTECTION AND EDUCATION POLICY carried. The Clerk read a letter from Chairperson McCulloch appointing Commissioners JoAnne Holbert, Kay Schmid, Donald Jensen and Fran Amos to the newly formed Special Committee to review per diems. The Chairperson requested that they review all of those Boards, Commissions, Authorities, Councils and Committees which receive per diems and report back to the General Government Committee. There being no objections, the appointments were confirmed. MISCELLANEOUS RESOLUTION #96246 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT - AWARD OF CONTRACT - 1996 CENTRAL HEATING PLANT ELECTRICAL IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the upgrading of 13,200 volt primary switchgear, electrical distribution panels, distribution wiring and lighting are listed as the number three priority in the 1996 Capital Improvement Program Utility Section; and WHEREAS in accordance with authorization received May 14, 1996, bid documents for the 1996 Central Heating Plant Electrical Improvements were prepared; and WHEREAS in accordance with bidding procedures, bids for this project were received and opened on Friday, October 4, 1996; and WHEREAS the County Executive's Department of Facilities Management has reviewed all bids submitted and recommends that the lowest responsible bidder, Doublejack Electric Company, Inc., Royal Oak, Michigan, be awarded a contract in the amount of $306,746; and WHEREAS funding in the amount of $350,000 for the project was included in the 1996 Capital Improvement Program. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The Oakland County Board of Commissioners authorizes the transfer of $350,000 from the Capital Improvement Program Fund #40100 to the Project Work Order Fund #40400 to establish the Central Heating Plant Electrical Improvements project. 2) The contract proposal of Doublejack Electric Company Inc., Royal Oak, Michigan, in the amount of $306,746 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $43,254 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Doublejack Electric Company, Inc., on behalf of the County of Oakland. 5) The County Executive's Department of Facilities Management shall Commissioners Minutes Continued. November 7, 1996 404 notify the selected vendor of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE REPORT (Misc. #96246) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: AWARD OF CONTRACT FOR THE 1996 CENTRAL HEATING PLANT ELECTRICAL IMPROVEMENTS To the Finance and Personnel Committee, Sue Douglas, Chairperson Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bids received for the above-referenced project on October 15, 1996, reports with the recommendation that the County enter into a contract with Doublejack Electrical Company, Inc., in the amount of $306,746.00 for a total project cost of $350,000.00. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Taub the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Taub the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96247 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - 1996 HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS HUD has designated the Oakland County Community Development Division=s Housing Counseling unit to be a HUD approved housing counseling agency eligible to apply for and receive Fiscal Year 1996 Housing Counseling funding; and WHEREAS the Oakland County Community Development Division competed for funding under this Act nationally and has been awarded a Fiscal Year 1996 Housing Counseling Grant totalling $75,122, a variance of zero percent from the initial application amount of $75,122; and WHEREAS the purpose of the grant is to provide a full range of housing counseling services, information, and assistance to housing consumers to assist them in improving their housing conditions and meeting the responsibilities of homeownership and tenancy including information for first time home buyers; pre- occupancy, rental delinquency and mortgage default assistance; Home Equity Conversion Mortgage Program; home improvement and rehabilitation resources; displacement and relocation resources; and pre-foreclosure assistance; and WHEREAS the County intends to use the grant to deliver housing counseling services in accordance with federal housing counseling program guidelines; and WHEREAS no county funds are required for the fiscal year 1996 grant; and WHEREAS this grant agreement has been reviewed and approved through the County Executive=s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1996 Fiscal Year Housing Counseling Grant in the amount of $75,122. BE IT FURTHER RESOLVED that the future level of service, including Commissioners Minutes Continued. November 7, 1996 405 personnel, will be contingent upon the level of Federal funding available for this program. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Oakland County Executive is authorized to execute this grant agreement. Chairperson, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Kaczmar the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96248 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 1996-1997 U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) was accepted in the amount of $4,940,000.00 with $858,113.84 in County Program Income for a total program amount of $5,798,113.84 with no budget amendment made at the time of acceptance (See Schedule B); and WHEREAS HUD by letter dated November 27, 1995 transmitted to Oakland County reallocated CDBG funds from Federal Fiscal Year 1994 totaling $23,859.00 to be allocated during the 1996-1997 program year funding process (See Schedule C); and WHEREAS the 1996-1997 Emergency Shelter Grant (ESG) was accepted in the amount of $108,000.00 with no budget amendment at the time of acceptance (See Schedule D); and WHEREAS the 1996-1997 HOME Investment Partnership Act Grant in the amount of $1,200,000.00 was accepted with a requirement for County matching funds in the amount of $265,500.00 for a total program amount of $1,465,500.00, with no budget amendment at the time of acceptance (See Schedules A and F); and WHEREAS the Comprehensive Housing Counseling Grant was accepted in the amount of $75,122.00 with no budget amendment at the time of acceptance (See Schedule E); and WHEREAS the Oakland County Community Development Division has agreed that the 1996-1997 Budget would be amended to reflect accurate detail of actual grant awards for the 1996-1997 program year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amends the 1996 Community Development Division Budget to reflect the revisions as detailed in Schedules A, B, C, D, E and F. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of the 1996 Community Development Division Budget Revisions, Schedules A, B, C, D, E and F, on file in the County Clerk=s office. Moved by Douglas supported by Holbert the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Devine, Dingeldey. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96249 Commissioners Minutes Continued. November 7, 1996 406 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - ACCEPTANCE OF JUVENILE JUSTICE COORDINATOR BLOCK GRANT FOR FISCAL YEAR 1996/1997 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Community Health has awarded a Federal Block Grant to Oakland County Community Mental Health to partially fund a combined Juvenile Justice Coordinator position, and an existing Wraparound Services supervisor position; and WHEREAS funding of $57,578 awarded for Fiscal Year 1996/1997 partially funds an existing FTE position, the combining of these roles is intended to make maximum use of grant dollars, with the impetus for the Juvenile Justice Coordinator position to become a full time position in Community Mental Health as funds are available; and WHEREAS this position will coordinate joint planning between youths and families to divert youths with serious emotional disorders from the juvenile justice system to behavioral training services; and WHEREAS awarded funding is consistent with the Program Revision Request (PRR) application amount of $57,578; and WHEREAS all funds are Federal in origin and require no State or Local matching dollars; and WHEREAS the Fiscal Year 1996/1997 total grant amount of $57,578 is funded as follows: Federal Funds $57,578 DMH State Funding - 0 - CMH Funds - 0 - Total Grant $57,578; and WHEREAS the funding is consistent with anticipated expenditures for this program; and WHEREAS the acceptance of this grant does not obligate additional Community Mental Health funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves acceptance the Juvenile Justice Coordinator Block Grant award in the total amount of $57,578 for Fiscal Year 1996/1997. BE IT FURTHER RESOLVED that the Grant fund be amended as follows: Revenues FY 96/97 3-27181-550-01-05-2185 Grant Funding $ 57,578 3-27181-550-01-05-8101 County Match $ 0 3-27181-550-01-05-2589 State Matching Payments $ 0 Sub-Total $ 57,578 Expenditures 4-27181-550-01-05-1001 Salaries $ 28,739 4-27181-550-01-05-2074 Fringe Benefits $ 11,804 4-27181-550-01-05-3752 Travel & Conference $ 500 4-27181-550-01-05-3042 Client Service-Wraparound Exp. $ 13,735 4-27181-550-01-05-4918 Supplies & Equipment $ 500 4-27181-550-01-05-3409 Administrative/Indirect $ 2,300 Sub-Total $ 57,578 BE IT FURTHER RESOLVED that continuation of the positions included in the grant is contingent upon grant funding at a level sufficient to sustain the positions. 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 Powers the resolution be adopted. AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96250 Commissioners Minutes Continued. November 7, 1996 407 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH ACCEPTANCE OF CORRECTIONS CONSULTANT BLOCK GRANT FOR FISCAL YEAR 1996/1997 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Community Health has awarded a Federal Block Grant to Oakland County Community Mental Health to provide consultation and training to Corrections Unit personnel; and WHEREAS funding of $15,000 was awarded for Fiscal Year 1996/1997 to fund outside contractual consultant services, to Community Mental Health Corrections personnel, including the ACE Program (A Collaborative Effort) which is a pilot program between Oakland County Office of Substance Abuse, Probate Court, and Oakland County Community Mental Health to address ex-offenders diagnosed with both substance abuse and mental health problems, as well as to provide consulting services to Adult ACT (Assertive Community Treatment) Teams in the four service quadrants of Oakland County Community Mental Health; and WHEREAS grant also provides consultation for the development of transition procedures from inmate corrections to community corrections, and also provides state of the art training, effective community based mental health corrections programs, as well as MI/SA (Mental Illness/Substance Abuse) programs; and WHEREAS grant also funds development of recommendations for future service development in Community/ACT Corrections Mental Health Services in Oakland County; and WHEREAS awarded funding is consistent with the application amount of $15,000; and WHEREAS all funds are Federal in origin and require no State or local matching dollars; and WHEREAS the Fiscal Year 1996/1997 total grant amount is $15,000 which is funded as follows: Federal Funds $15,000 DCH State Funding - 0 - CMH Funds - 0 - Total Grant $15,000; and WHEREAS the funding is consistent with anticipated expenditures for this program; and WHEREAS the acceptance of this grant does not obligate additional Community Mental Health funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Corrections Consultant Block Grant in the total amount of $15,000 for Fiscal Year 1996/1997. BE IT FURTHER RESOLVED that the Grant fund be amended as follows: Revenue FY 96/97 3-27181-550-01-04-2185 Grant Funding $ 15,000 3-27181-550-01-04-8101 County Match $ 0 3-27181-550-01-04-2589 State Matching Payments $ 0 Sub-Total $ 15,000 Expenditure 4-27181-550-01-04-3752 Travel and Conference $ 300 4-27181-550-01-04-3727 Training $ 14,200 4-27181-550-01-04-3409 Administrative/Indirect $ 500 Sub-Total $ 15,000 Total $ 0 Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Amos the resolution be adopted. AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96251 Commissioners Minutes Continued. November 7, 1996 408 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - ON-CALL PAY FOR NON-REPRESENTED AND SUPERVISORY EMPLOYEES CURRENTLY ELIGIBLE FOR OVERTIME To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS certain areas require designated employees to be available by phone or beeper to respond to emergency situations during non-working hours; and WHEREAS letters of agreement have been included as part of the O.C.E.U. collective bargaining agreements for many years which provide certain union- represented employees, who are assigned to be "on-call" during non-working hours, one and one-half hours pay at the overtime rate for each day they are assigned to be "on-call" and two hours pay at the overtime rate for each holiday the employees are designated to be "on-call"; and WHEREAS there is currently no authorized procedure that allows "on-call" pay for non-represented employees and supervisors for time they are designated to be "on call" and available by phone or beeper to respond to emergency situations; and WHEREAS requests have been received from several departments and divisions to establish "on-call" pay similar to that available for O.C.E.U. employees for non-represented employees and supervisors; and WHEREAS the Personnel Department has reviewed these requests and concurs that "on-call" pay for non-represented employees and supervisors who are currently eligible for overtime should be established for these employees to compensate them for time they are expected to be available by phone or beeper during non-working hours to respond to emergencies; and WHEREAS maximum governmental fund cost, on an annual basis, equals $53,850, cost for the balance of 1996 equals $6,200, cost for Fiscal Year 1997 equals $41,400, as detailed on the attached schedule; and WHEREAS funds are available in the 1996 Contingency Account to cover the 1996 portion of the increase, adjustments for Fiscal Year 1997 and Fiscal Year 1997-1998 will be recommended as part of the budget review process; and WHEREAS the maximum cost to the special revenue funds, on an annual basis, equal $88,100, cost for the balance of 1996 equals $13,400, cost for Fiscal Year 1997 equals $67,800, as detailed on the attached schedule; and WHEREAS the special revenue funds will absorb the cost of this increase in total. NOW THEREFORE BE IT RESOLVED that non-represented and supervisory classifications currently eligible for overtime be authorized to receive "on- call" pay at the rate of one and one-half hours of overtime pay for each non- holiday day they are designated to be "on-call" and available by telephone or beeper to respond to emergencies during non-working hours, and two hours of overtime pay for each holiday day when designated to be "on-call". BE IT FURTHER RESOLVED that departments and divisions shall notify the Director of Personnel prior to establishing paid on-call schedules for eligible non-represented and supervisory employees. BE IT FURTHER RESOLVED that the 1996 Governmental Funded budget be amended, as specified below: Revenue 3-21500-312-01-00-2077 FOC - Cooperative Reimbursement $ 300 Expenditures 4-10100-433-01-00-1009 Sheriff On-Call $2,100 4-10100-433-01-00-2070 Sheriff Fringe Benefits 600 4-22100-141-30-00-1009 EMS On-Call 1,300 4-22100-141-30-00-2070 EMS Fringe Benefits 400 4-22100-178-10-00-1009 Animal Control On-Call 1,300 4-22100-178-10-00-2070 Animal Control Fringe Benefits 400 4-21500-312-01-00-1009 FOC On-Call 300 4-21500-312-01-00-2070 FOC Fringe Benefits 100 4-10100-909-01-00-9900 Contingency ($6,200) $ 300 $ 0 Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of schedule on file in the County Clerk=s office. Commissioners Minutes Continued. November 7, 1996 409 Moved by Douglas supported by Kingzett the resolution be adopted. AYES: Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96252 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - THREE (3) YEAR (1996-1998) LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY MICHIGAN NURSES ASSOCIATION (PUBLIC HEALTH NURSES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have been negotiating a contract covering approximately 126 Public Health Nurses; and WHEREAS a three (3) year agreement has been reached for the period of January 1, 1996 through December 31, 1998; and WHEREAS the agreement includes a 3.5% salary increase for the calendar year 1996, a 3.5% salary increase for 1997 and a wage and benefit reopener for 1998; and WHEREAS the amount of increase for 1996 equals $170,977 in salaries and $81,519 in fringe benefits, and the increase for Fiscal Year 1997 will be $130,608 in salaries and $60,138 in fringe benefits; and WHEREAS funds have been included in the Health Division=s 1996 and recommended Fiscal Year 1997 budget to cover this adjustment, and no additional appropriation is required; and WHEREAS in addition the agreement increases personal mileage reimbursement to $.30 per mile as well as changes various health care benefits; 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 agreement between the County of Oakland and the Michigan Nurses Association, is approved. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, on behalf of the County of Oakland, is authorized to execute the said agreement, a copy of which is attached hereto. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Collective Bargaining Agreement, 1996-1998, between the County of Oakland and the Michigan Nurses Association on file in the County Clerk=s office. Moved by Douglas supported by Jacobs the resolution be adopted. AYES: Jacobs, Johnson, Kaczmar, Kingzett, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96253 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - GIS CONSULTING AND ACCELERATION OF THE COUNTY REMONUMENTATION PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has issued a request for proposal for vendors to assist in the development of the County=s GIS Implementation Plan; and WHEREAS an analysis of County departmental and agency business functions needs to be performed, at an estimated cost of $75,000, to identify spatial and descriptive data and specific applications which should be integrated into the Commissioners Minutes Continued. November 7, 1996 410 County=s GIS system. This analysis will include identification of the appropriate hardware, software, operating system, network and infrastructure requirements for a County-wide GIS; and WHEREAS Requests for Proposals must be developed to select GIS software; and WHEREAS the demand for the converted base map by local municipalities and County staff has increased and it has been determined that it is not feasible for the Equalization Division to convert the base map in the time frame necessary to meet these demands; and WHEREAS the accuracy of the base map is dependent on a highly accurate grid of section corners and center points for each township to be converted; and WHEREAS in 1993 the Oakland County Clerk/Register of Deeds office undertook a project, in conjunction with a statewide remonumentation project and grant, to remonument each section corner within Oakland County. The project is expected to take up to 10 to 12 years to complete based on current grant funding allocations; and WHEREAS the speed of the conversion of the base map is dictated by the availability of these remonumented points; and WHEREAS the Equalization Division is encountering situations where conversion of a township can not be completed due to the unavailability of remonumented section corners; and WHEREAS section corners for the Townships of Farmington, Independence, Orion, Oxford, Troy, Royal Oak and White Lake need to be remonumented in 1997 for a total of 498 section corners at a cost of approximately $498,000; and WHEREAS identifying the center points for each of the 36 sections within the seven geographic townships, as well as the fully remonumented townships of Oakland and Addison, is required to insure the accuracy of the base map, at an estimated cost of $24,500; and WHEREAS the 1997 State appropriation for remonumentation in Oakland County is only $230,000, of which approximately $90,000 funds personnel and administrative costs, leaving $140,000 for the remonumentation of section corners; and WHEREAS funding in the amount of $321,670 is available in the designated fund balance for use in current GIS operations; and WHEREAS salaries appropriated for the Equalization Conversion Shop are not being fully utilized due to inability to hire qualified part-time staff and overtime and fringe benefits appropriated for Clerk/Register of Deeds staff are not being fully utilized due to staff reassignments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes additional GIS Consulting and the acceleration of the County Remonumentation Program. BE IT FURTHER RESOLVED that the Board authorizes the solicitation of bids for the conversion of approximately 191,000 parcels in the Townships of Addison, Farmington, Independence, Oakland, Orion, Oxford, Troy, Royal Oak and White Lake. BE IT FURTHER RESOLVED that the Board authorizes that $321,670 be appropriated from the designated fund balance for GIS. Repayment of this advance from the General Fund to be paid from future appropriations by the State Remonumentation Grant. BE IT FURTHER RESOLVED that the 1996 budget is amended as follows: General Fund: General Ledger 1-10100-492-057 Designated Fund Bal-GIS ($321,670) Revenue 3-10100-909-01-00-9901 Prior Year Balance $321,670 Expenditure 4-10100-909-01-00-XXXX Remonumentation $358,000 (Reimbursable Section Corners) 4-10100-181-01-00-8615 Operating Transfer Out 75,000 4-10100-194-01-00-1001 Equalization Salaries ( 65,830) 4-10100-214-01-00-1002 Clerk/Register Overtime ( 55,000) 4-10100-214-01-00-2074 Clerk/Register Fringe Benefits ( 15,000) 4-10100-214-01-00-3450 Land Survey 24,500 (Non-Reimbursable Center Points) $321,670 Information Technology Fund Commissioners Minutes Continued. November 7, 1996 411 Revenue 3-63600-182-01-00-8101 Operating Transfer In $ 75,000 Expense 4-63600-182-01-00-3129 Professional Services-GIS $ 75,000 Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Crake the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #96214) BY: General Government Committee, Kay Schmid, Chairperson IN RE: DEFERRAL OF UTILITY PAYMENTS FOR SERVICE PEOPLE CALLED TO ACTIVE DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #96214 on October 14, 1996, reports with the recommendation that the resolution be adopted with the following amendments: In the NOW THEREFORE BE IT RESOLVED paragraph, line 2, delete the words Acalls upon@ and insert the words--encourages--; same paragraph, line 5, following the words Aactive duty@ insert the words --in the U.S. military--. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #96214) BY: Public Services Committee, Shelley Taub, Chairperson IN RE: DEFERRAL OF UTILITY PAYMENTS FOR SERVICE PEOPLE CALLED TO ACTIVE DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on October 29, 1996, reports with the recommendation that the resolution be adopted with the amendments recommended in the General Government Committee Report. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #96214 BY: Commissioner John P. Garfield, District #9 IN RE: DEFERRAL OF UTILITY PAYMENTS FOR SERVICE PEOPLE CALLED TO ACTIVE DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are many Oakland County residents who, through the Armed Forces Reserves and National Guard, stand ready to defend our nation and our freedom when called upon to do so; and WHEREAS these people, in addition to their willingness to risk their personal safety for our defense, also bear the responsibilities inherent in being productive members of our society during peacetime; and WHEREAS service people called to active duty earn a fraction of the income that they would earn in their normal careers; and WHEREAS in previous times of need, these service people who were called to active duty have had the utilities terminated at their homes while serving their country; and WHEREAS the Oakland County Board of Commissioners wishes to take action Commissioners Minutes Continued. November 7, 1996 412 which will ensure that those people called to serve will not face this in the future. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby calls upon every provider of natural gas, electricity, sewer, and water service to develop programs that will defer the payments of Oakland County residents called to active duty for these basic utilities until such time as these residents return to their civilian employment. Chairperson, on behalf of the committee, I move the adoption of the foregoing resolution. Commissioner John P. Garfield Moved by Schmid supported by Powers the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Powers the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Powers the resolution be adopted. Moved by Schmid supported by Powers the resolution be amended to coincide with the recommendation of the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. The Chairperson acknowledged Commissioner Wolf=s request to abstain from voting, due to a conflict of interest. Vote on resolution, as amended: AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Johnson. (21) NAYS: Amos. (1) ABSTAIN: Wolf. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #96184 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - SALE OF COUNTY PROPERTY LOCATED IN THE CITY OF ROYAL OAK TO THE CITY OF ROYAL OAK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property located in the City of Royal Oak identified as Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128-007); Troy Street Office Building, 111 South Troy Street, Royal Oak, MI 48067 (Sidwell No. 25-22-104-001); and part of Royal Oak Farmer's Market, 316 East Eleven Mile Road, Royal Oak, MI 48067 (Sidwell No. 25- 22-104-002); and WHEREAS the County of Oakland has been negotiating the sale of properties identified as Fourth Street Office Building (Sidwell No. 25-23-128-007); Troy Street Office Building (Sidwell No. 25-22-104-001); and part of Royal Oak Farmer's Market (Sidwell No. 25-22-104-002) with the City of Royal Oak to purchase said properties since 1994; and WHEREAS the City of Royal Oak has offered a cash sale to purchase the properties identified as Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128-007); Troy Street Office Building, 111 South Troy Street, Royal Oak, MI 48067 (Sidwell No. 25-22-104-001); and part of Royal Oak Farmer's Market, 316 East Eleven Mile Road, Royal Oak, MI 48067 (Sidwell No. 25-22-104-002) for the sum of $1,362,000; and WHEREAS the County of Oakland in concurrence with the County Executive and Commissioners Minutes Continued. November 7, 1996 413 the Oakland County Board of Commissioners recommends the sale of Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128- 007); Troy Street Office Building, 111 South Troy Street, Royal Oak, MI 48067 (Sidwell No. 25-22-104-001); and that portion of Royal Oak Farmer's Market, 316 East Eleven Mile Road, Royal Oak, MI 48067 (Sidwell No. 25-22-104-002) for the sum of $1,362,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and directs the Departments of Facilities Management and Corporation Counsel to complete the sale of listed properties to the City of Royal Oak as a cash sale upon closing. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners directs its Chairperson or its designee to execute the necessary documents to complete the sale of properties identified as Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128-007); Troy Street Office Building, 111 South Troy Street, Royal Oak, MI 48067 (Sidwell No. 25-22-104-001); and part of Royal Oak Farmer's Market, 316 East Eleven Mile Road, Royal Oak, MI 48067 (Sidwell No. 25-22-104-002) to the City of Royal Oak. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (Misc. #96184) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT - SALE OF COUNTY PROPERTY LOCATED IN THE CITY OF ROYAL OAK TO THE CITY OF ROYAL OAK 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 the above-referenced resolution and finds: 1. The resolution authorizes the Department of Facilities Management and Corporation Counsel to proceed with the sale of property located in the City of Royal Oak identified as Fourth Street Office Building, 2401 Fourth Street (Sidwell No. 25-23-128-007); Troy Street Office Building, 111 South Troy Street, (Sidwell No. 25-22- 104-001); and the County=s share of the Royal Oak Farmer=s Market, 316 East Eleven Mile Road (Sidwell No. 25-22-104-002) to the City of Royal Oak. 2. The properties will be sold for a total sum of $1,362,000 less a credit to Royal Oak for their share of the retained earnings from operation of the Royal Oak Market (approximately $65,000). Royal Oak will also receive credit (approximately $20,000) on the purchase price for repair work not completed as stipulated in the purchase agreement. 3. The proceeds of the sale will be recorded in the Capital Improvement Fund #40100, Account #3-40100-95-01-00-2561 and will be available for future projects. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Kaczmar the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Johnson, Kaczmar. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #96254 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF DEPARTMENT - EXPANSION OF FUGITIVE APPREHENSION TEAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney=s Criminal Investigation section consists of the following positions: 1 Chief - Prosecutor=s Criminal Investigations, 5 Prosecutor=s Investigators, 1 Secretary I, and 1 part-time non-eligible Court Commissioners Minutes Continued. November 7, 1996 414 Service Officer II; and WHEREAS there is a duplication of services in the Prosecutor's Criminal Investigations section and Technical Services Division's Special Teams Unit within the Sheriff=s Department as it relates to the undertaking of criminal investigation activities; and WHEREAS it has been determined to be in the best interests of the County to transfer the functions performed by the Prosecutor's Criminal Investigations section to the Special Teams unit of the Sheriff=s Department and make appropriate position reclassifications; and WHEREAS the County, Sheriff=s Department and the Union have negotiated concerning the wages, benefits, and all other matters concerning this request; and WHEREAS the 1,000 hour per year part-time non-eligible Court Service Officer II position would remain in the Prosecuting Attorney=s Department under the Administration Division to continue its juvenile subpoena service function. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of five Prosecutor=s Investigator positions (#s 4110101444, 4110101120, 4110102557, 4110103008, 4110101947), one Chief - Prosecutor's Criminal Investigations position (#4110103460), and one Secretary I position (#4110105759), including the corresponding undercover vehicles and radio equipment, car phones, office equipment, computers, furniture, and other specifically related equipment in the Criminal Investigations section of the Prosecutor's Office to the Sheriff=s Department/Technical Services Division/Special Teams Unit. BE IT FURTHER RESOLVED to reclassify one Chief-Prosecutor=s Criminal Investigations position and incumbent to Sergeant. BE IT FURTHER RESOLVED to reclassify five Prosecutor Investigator positions and incumbents to Deputy II. BE IT FURTHER RESOLVED that the 1,000 hour PTNE Court Service Officer II position currently assigned to the Prosecuting Attorney=s Criminal Investigations section would transfer to the Prosecuting Attorney/Administration Division (pos. #41101-07807). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #96255 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1996-1998 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #95316); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would add one (1) Deputy II (no-fill) resulting in a new total of thirty-three (33) Deputy II (no- fill) being contracted and bring the total number of contracted deputies to fifty (50); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) for the City of Rochester Hills under the terms of this agreement. 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 City of Rochester Hills to increase the number of Deputy II (no-fill) from the original thirty-two (32) to a new total of thirty-three (33). BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Commissioners Minutes Continued. November 7, 1996 415 Contracted Patrol-Rochester Hills Unit, Protective Services Division of the Sheriff=s Department. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 1997. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #96256 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION 1996-1998 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Orion 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 Orion Township Board; and WHEREAS Orion 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 three (3) Patrol Investigators being contracted and add two (2) Deputy II (no-fill) resulting in a new total of seven (7) Deputy II=s (no-fill) being contracted and bring the total number of contracted deputies to twenty-one (21); and WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator and two (2) Deputy II (no-fill) contracts for Orion 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 Orion to increase the number of Patrol Investigators from two (2) to three (3) and increase the number of Deputy II (no- fill) from five (5) to seven (7). BE IT FURTHER RESOLVED that three (3) Deputy II positions be created in the Contracted Patrol Unit, Protective Services Division, of the Sheriff=s Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle and one (1) patrol vehicle both with mobile and prep radios be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on January 1, 1997. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #96257 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: LOCAL LAW ENFORCEMENT AGENCIES/DEPARTMENT OF INFORMATION TECHNOLOGY - ACQUISITION OF CONSULTANT SERVICES TO DEVELOP SPECIFICATIONS, PREPARE REQUEST FOR PROPOSAL AND RECOMMEND REPLACEMENT SYSTEM FOR THE COURTS AND LAW ENFORCEMENT MANAGEMENT INFORMATION SYSTEM (CLEMIS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Courts and Law Enforcement Management Information System (CLEMIS) was formally established by Miscellaneous Resolution #5986 adopted April 11, 1972; and WHEREAS CLEMIS is a cooperative governmental effort sponsored by Oakland Commissioners Minutes Continued. November 7, 1996 416 County for the benefit of law enforcement agencies throughout the County, providing individual patrol officers immediate access to criminal and vehicle information from sources throughout the United States and Canada; and WHEREAS in June, 1996, the CLEMIS Advisory Board engaged the management consulting firm Plante and Moran, LLP to prepare a strategic plan for the CLEMIS system to ensure adequate and appropriate application of new technologies for the balance of this decade and into the next century; and WHEREAS the primary recommendation formulated in the development of the strategic plan is to replace the current outdated mainframe CLEMIS technology, which is not year 2000 compliant, with a new client-server based, integrated Police Record Management System (RMS) and Computer-Assisted-Dispatch (CAD) system over an improved Wide Area Network (WAN); and WHEREAS the preliminary estimated cost of replacement is between $4.2 and $4.9 million, representing a significantly complex management information system that impacts over forty police agencies throughout the County, including the Sheriff=s Department; and WHEREAS both the CLEMIS Strategic Planning Task Force, on October 10, 1996 and the CLEMIS Advisory Board, on October 24, 1996 agreed that the present CLEMIS system should be replaced with a new state-of-the-art system; and WHEREAS additional management consulting services are necessary to develop specifications, identify evaluation methodology, prepare Request for Proposal (RFP) and Request for Information (RFI), assist in vendor response evaluation, prepare CLEMIS Strategic Plan Addendum, recommend system and vendor that best addresses RFP specifications, and collaborate with the County in contract negotiations; and WHEREAS Plante and Moran, LLP has submitted a proposal to perform the aforementioned tasks at a cost of $52,700, with a project work plan that schedules issuance of the RFP by December 31, 1996, submission of proposals by January 31, 1997, recommendation and selection of vendor by mid-March and implementation to begin in May, 1997. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the extension of the Plante and Moran, LLP CLEMIS Strategic Planning consulting contract in an amount not to exceed an additional $52,700 for the purpose of assisting in the selection of an integrated Police Record Management (RMS) and Computer-Assisted-Dispatch (CAD) system, as well as performing an assessment of the Wide Area Network (WAN) to determine the cost/benefit of various managed network service providers. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee and the Strategic Planning Committee. There were no objections. MISCELLANEOUS RESOLUTION #96258 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - 1996 BUDGET AMENDMENTS FOR APPROVED OFFICE AUTOMATION PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #94009 (Department of Computer Services - Approval of Inventory Pool for Automation Equipment) specifies that, on a quarterly basis, budget amendments will be presented in resolution form summarizing the impact on Information Technology and user departments' budgets for office automation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves amendments to the 1996, Fiscal Year 1997, Fiscal Year 1997/1998 Biennial Budget as detailed in the attached Information Technology Office Automation Schedule for projects approved in the third quarter of 1996. STRATEGIC PLANNING COMMITTEE Copy of Information Technology=s Office Automation Schedule - Third Quarter 1996 on file in the County Clerk=s office. The Chairperson referred the resolution to the Finance and Personnel Commissioners Minutes Continued. November 7, 1996 417 Committee. There were no objections. MISCELLANEOUS RESOLUTION #96259 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD QUARTER 1996 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the Department of Information Technology budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Strategic Planning Committee; and WHEREAS the Department of Information Technology has determined the Third Quarter 1996 data processing development charges to be $510,417 and the imaging development charge to be $3,835 for the governmental fund County departments; and WHEREAS direct charges to non-governmental fund departments and non-County agencies are $570,807 for the Third Quarter 1996; and WHEREAS an appropriation transfer to governmental fund county departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Third Quarter 1996 Data Processing Development and approves the third quarter appropriation transfer. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE Copy of Information Technology Data Processing Development Summary 3rd Quarter 1996 and Information Technology - Reserve Fund Development/Support Detail - Third Quarter, 1996 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 #96260 BY: Ruth Johnson, Commissioner, District 1; Thomas Law, Commissioner, District 13; David Moffitt, Commissioner, District 18; Shelley Taub, Commissioner, District 12 IN RE: ESTABLISHMENT OF A COMMUNITY MENTAL HEALTH AUTHORITY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the timely, appropriate, efficient and cost-effective delivery of community mental health services to the residents of Oakland County is a high priority for Oakland County government; and WHEREAS the State of Michigan has proposed and is implementing dramatic changes in the way mental health services are funded, managed, and delivered to state residents; and WHEREAS Oakland County=s Community Mental Health Agency Program and its beneficiaries would greatly benefit from a reorganization that will allow the Program maximum flexibility in designing, financing, planning for and implementing mental health service programs for Oakland County=s residents; and WHEREAS Section 205 of the Michigan Mental Health Code, 1974 Public Act 258, as amended by 1995 Public Act 290, effective March 28, 1996, authorizes the County Board of Commissioners to establish a community mental health authority (CMH Authority) to operate as a community mental health services program; and WHEREAS this innovative form of organization was designed by the Legislature to provide community mental health programs with maximum flexibility in designing, financing, planning for and implementing mental health service programs; and WHEREAS a CMH Authority would possess all of the powers and duties currently possessed by Oakland County=s Community Mental Health Agency Program; and WHEREAS a CMH Authority, as a legal public governmental entity separate Commissioners Minutes Continued. November 7, 1996 418 from the county that establishes it, would possess additional powers not enjoyed by the existing Community Mental Health agency, including but not limited to powers to fix and collect charges, rates, rents, fees, and other charges; the power to collect interest; the power to transfer, divide, or distribute assets, liabilities and contingent liabilities; the power to accept gifts, grants, or bequests and to determine the manner of their use; the power, in its own name, to enter into contracts and agreements, employ staff, acquire, construct, manage, maintain, or operate buildings or improvements, the power to acquire, own, operate, maintain, lease, or sell real or personal property; the power to incur debts, liabilities, or obligations that are not the debts, liabilities or obligations of the county; the power to commence litigation and defend itself in litigation, and the power to invest funds; and WHEREAS a CMH Authority would be responsible for all of its own executive administration, employees, personnel administration, finance, accounting, and management information system functions, and is authorized to discharge these responsibilities through direct staff or by contracting for services; and WHEREAS a CMH Authority could not levy any type of tax or issue any type of bond in its own name or financially obligate any unit of government other than itself; and WHEREAS Oakland County, after creating a CMH Authority, would not be liable for any intentional, negligent, or grossly negligent act or omission, for any financial affairs, or for any obligation of the CMH Authority, its board, employees, representatives, or agents; and WHEREAS consistent with the Michigan Mental Health Code, under the CMH Authority form of organization, Community Mental Health consumers continue to possess the same rights, privileges and benefits with respect to Community Mental Health operations and services as they enjoy under the current Community Mental Health agency form of organization, including membership on the Community Mental Health Board; and WHEREAS under the CMH Authority form of organization the Board of Commissioners continues to have a statutory duty to appoint Community Mental Health Board members and to consider for approval the CMH Authority=s annual request for county funds to support the Community Mental Health program, thereby continuing to maintain a meaningful oversight role with respect to the provision of Community Mental Health services in Oakland County; and WHEREAS the public=s right to be informed of and participate in the affairs of the CMH Authority continues to be protected by the Open Meetings Act and Freedom of Information Act, both of which are binding on CMH Authorities; and WHEREAS the Board of Commissioners= Task Force on Mental Health has determined that the establishment of a Community Mental Health Authority in Oakland County would be in the best interests of the residents; and WHEREAS as a condition precedent to this resolution becoming effective, the Board of Commissioners shall adopt a transition plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes an Oakland County Community Mental Health Authority (AUTHORITY). BE IT FURTHER RESOLVED that the purpose and power to be exercised by the AUTHORITY shall be to comply with and carry out the provisions of the Michigan Mental Health Code, 1974 Public Act 258, as amended. BE IT FURTHER RESOLVED that the AUTHORITY shall exist in perpetuity, unless otherwise dissolved or terminated by either: a. Legislative enactment by the Legislature of the State of Michigan; or b. Upon recommendation from the County Executive and a resolution of the Oakland County Board of Commissioners, adopted by a majority of those elected and serving, after the Board of Commissioners have first notified the State of Michigan of their intent to terminate participation in a community mental health services program in the manner provided in section 220 of the Mental Health Code, 1974 Public Act 258, as amended; BE IT FURTHER RESOLVED that in the event of the termination or dissolution of the AUTHORITY, the net financial assets originally made available to the AUTHORITY by Oakland County shall be returned to Oakland County by 12:00 noon on the business day immediately prior to the date the termination or dissolution is to become effective. All other remaining assets net of liabilities shall be Commissioners Minutes Continued. November 7, 1996 419 transferred to the community health services program or programs that replace the AUTHORITY. BE IT FURTHER RESOLVED that the AUTHORITY shall remain liable, until fully satisfied, for all costs associated with real or personal property purchased or leased by the County of Oakland for use by the AUTHORITY. The County may agree to a transfer to a successor community mental health services program or programs of the AUTHORITY=S liability for such costs upon the condition that such agreement be in writing and assures that financial liability to the County of Oakland will be fully discharged by the successor program or programs. BE IT FURTHER RESOLVED that all existing Oakland County Community Mental Health Agency Program employees are, upon the effective date of this resolution, separated from County service and transferred to the AUTHORITY, subject to the following conditions: a. Employees of the AUTHORITY are public employees. The AUTHORITY and its employees are subject to Act 366 of the Public Acts of 1947, being sections 423.201 to 423.217 of the Michigan Compiled Laws. Employees of the AUTHORITY are not County employees. The AUTHORITY is the employer with regard to all laws pertaining to employee and employer rights, benefits and responsibilities. b. All existing Oakland County Community Mental Health Agency Program employees are transferred to the AUTHORITY and appointed as employees subject to all rights and benefits for 1 year. Such employees of the new AUTHORITY shall not be placed in a worse position by reason of the transfer for a period of 1 year with respect to worker=s compensation, pension seniority, wages, sick leave, vacation, health and welfare insurance, or any other benefit the employees enjoy as an employee of the former Oakland County Community Mental Health Agency Program. Such employees who are transferred shall not by reason of the transfer have their accrued pension benefits or credits diminished. c. The AUTHORITY shall assume and be bound by all existing collective bargaining agreements between the County of Oakland and employees of the Oakland County Community Mental Health Agency Program who are transferred to the AUTHORITY. Formation of the AUTHORITY shall not adversely affect any existing rights and obligations contained in such existing collective bargaining agreements. d. The AUTHORITY, subject to subsections (a) to (c) above, shall employ, compensate, transfer or separate necessary AUTHORITY personnel in a manner consistent with law and policies, procedures, regulations and collective bargaining agreements established or adopted by the AUTHORITY Board. BE IT FURTHER RESOLVED that upon the effective date of the establishment of the AUTHORITY all existing assets, debts, and obligations of the Oakland County Community Mental Health Agency Program, including but not limited to equipment, furnishings, supplies, cash, and other personal property, are hereby transferred to the new AUTHORITY. The AUTHORITY shall indemnify and hold harmless the County from any and all liability in regard thereto. Assets, equipment, furnishings, supplies, cash and other personal property which are the property of the County of Oakland and are being used by the Oakland County Community Mental Health Agency Program shall be transferred to the OCCMHA upon the County receiving credit from the AUTHORITY and State of Michigan for the fair market value of said property, said credit be attributed to the County=s contribution to the annual operating budget of the AUTHORITY. BE IT FURTHER RESOLVED that all contracts regarding mental health services will be transferred to the AUTHORITY. The AUTHORITY, where possible, shall obtain a novation of these contracts. BE IT FURTHER RESOLVED that in addition to other powers of a community mental health services program as set forth in the Mental Health Code, 1974 Public Act 258, as amended, the AUTHORITY has all of the following powers: (1) To fix and collect charges, rates, rents, fees or other charges and to collect interest. (2) To make purchases and contracts. Commissioners Minutes Continued. November 7, 1996 420 (3) To transfer, divide, or distribute assets, liabilities or contingent liabilities. (4) To accept gifts, grants, or bequests and determine the manner in which those gifts, grants or bequests may be used consistent with the donor=s request. (5) To acquire, own, operate, maintain, lease or sell real or personal property, including the power to determine the location of property purchased, leased, and\or operated. Before taking official action to sell residential property, however, the AUTHORITY shall implement a plan for alternative housing arrangements, subject to the requirements of MCL 330.1205(4)(e)(ii)&(iii). (6) Enter into contracts and agreements in the AUTHORITY=S name. (7) Employ staff in the AUTHORITY=S name. (8) Acquire, construct, manage, maintain, or operate buildings or improvements in the AUTHORITY=S name. (9) Acquire, own, operate, maintain, lease or dispose of real or personal property in the AUTHORITY=S name. (10) Incur debts, liabilities, or obligations in the AUTHORITY=S name that do not constitute the debts, liabilities, or obligations of Oakland County. (11) Commence litigation and defend itself in litigation. (12) To receive and expend funds for the purposes of the mental health AUTHORITY. (13) To invest funds in accordance with statutes regarding investments. (14) To set up reserve accounts, utilizing state funds in the same proportion that state funds relate to all revenue sources, to cover vested employee benefits including but not limited to accrued vacation, health benefits, the employee payout portion of accrued sick leave, if any, and worker=s compensation. In addition, the AUTHORITY may set up reserve accounts for depreciation of capital assets and for expected future expenditures for an organizational retirement plan. (15) To develop a charge schedule for services provided to the public and utilize the charge schedule for first and third- party payers. Charge schedule may include charges that are higher than cost for some service units by spreading nonrevenue service unit costs to revenue-producing service unit costs with total charges not exceeding total costs. All revenue over cost generated in this manner shall be utilized to provide services to priority populations. (16) To determine the method and extent to which the AUTHORITY secures and maintains insurances, including but not limited to self-insurance and re-insurance. BE IT FURTHER RESOLVED that, in addition to the powers and duties set forth above, the AUTHORITY, its board members, officers, agents, and employees, shall have all the powers and duties, privileges and immunities from liability and exemptions from laws, ordinances, and rules that under Michigan law, including but not limited to the Mental Health Code, 1974 Public Act 258, as amended, are granted community mental health authorities, agencies, organizations and programs, their board members, officers, administrators, agents, employees and county elected officials and employees. BE IT FURTHER RESOLVED that in addition to other duties and responsibilities of the AUTHORITY as set forth in the Mental Health Code, the AUTHORITY shall do all of the following: (1) Provide Oakland County and the Department a copy of an annual independent audit performed by a Certified Public Accountant in accordance with Governmental Auditing Standards issued by the Comptroller of the United States. (2) Be responsible for all executive administration, personnel Commissioners Minutes Continued. November 7, 1996 421 administration, finance, accounting and management information systems functions. The AUTHORITY may discharge the responsibility through direct staff or by contracting for services. BE IT FURTHER RESOLVED that, to the extent required by law, the AUTHORITY, as a public governmental body, is subject to the Open Meetings Act, 1976 Public Act 267, as amended, and the Freedom of Information Act, 1976 Public Act 442, as amended, except for those documents produced as part of the Peer Review Process required in Section 143a and made confidential by Section 748(9) of the Mental Health Code. BE IT FURTHER RESOLVED that it is recommended the Community Mental Health Authority Articles of Incorporation include a requirement that performance audits be conducted. BE IT FURTHER RESOLVED that all powers, duties, obligations, rights and protections not mentioned herein but otherwise provided by law for community mental health authorities or programs are included herein by reference. BE IT FURTHER RESOLVED that Oakland County is not liable for any intentional, negligent or grossly negligent act or omission, for any financial affairs, or for any obligation of the AUTHORITY, its board, officers, employees, contractors, subcontractors, representatives, or agents. BE IT FURTHER RESOLVED that if any portion of this resolution is found by a court to conflict with the Mental Health Code, 1974 Public Act 258, as amended, the Code supersedes the conflicting provision. If any portion of this resolution or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the resolution which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end resolutions are declared to be severable. BE IT FURTHER RESOLVED that this resolution is not effective until the receipt and acceptance of a transition plan by the Oakland County Board of Commissioners, the resolution is filed with the Secretary of State and Oakland County Clerk, and until receipt of Certification from the Michigan Department of Community Health. The existing Oakland County Community Mental Health Agency Program is dissolved upon effective date of establishment of the AUTHORITY. BE IT FURTHER RESOLVED that the Oakland County Clerk is directed to maintain a copy of this resolution in the Clerk=s files and is to immediately file a copy of this resolution with the Secretary of State. Chairperson, we move the adoption of the foregoing resolution. Ruth Johnson, Thomas Law, David Moffitt, Shelley Taub The Chairperson referred the resolution to the Public Services Committee, General Government Committee and the Finance and Personnel Committee. There were no objections. The Chairperson stated that three separate Public Hearings will be scheduled as follows: November 12, 1996 at 10:00 A.M. - 12:00 Noon at the Novi Community Center; November 13, 1996 at 10:00 A.M. - 12:00 Noon at the Royal Oak Library; November 14, 1996 at 6:00 P.M. - 8:00 P.M. in the Board of Commissioners= Auditorium for the purpose of allowing public comment on the Establishment of a Community Mental Health Authority in Oakland County. In accordance with Rule XXII, the Chairperson made the following referrals: GENERAL GOVERNMENT COMMITTEE a. Antrim County Board of Commissioners - Family Independence Agency/Probate Court Policy b. Governor John Engler - Arts and Cultural Affairs Grant c. Kalamazoo County Board of Commissioners - Family Independence Agency/Probate Court Policy PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. November 7, 1996 422 a. Boulder Park Condominium Association - Community Mental Health/Community Correction Facility Location OTHERS Management and Budget a. Equalization-Ind. Fac. Ex. In Excess of 5% SEV, Tesco Engineering Inc., Auburn Hills b. Equalization-Ind. Fac. Ex. In Excess of 5% SEV, Chrysler Corp., Auburn Hills c. Equalization-Ind. Fac. Ex. In Excess of 5% SEV, FEV Engine Technology, Inc., Auburn Hills d. Equalization-Ind. Fac. Ex. In Excess of 5% SEV, Data Reproductions Corp., Auburn Hills There were no objections to the referrals. The meeting adjourned at 11:04 A.M. to the Call of the Chair or November 21, 1996 at 9:30 A.M. LYNN D. ALLEN JOHN McCULLOCH Clerk Chairperson