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HomeMy WebLinkAboutMinutes - 1997.02.13 - 8224 11 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 13, 1997 Meeting called to order by Vice Chairperson Ruth Johnson at 10:00 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf. (22) ABSENT: McCulloch, Palmer, Schmid (with notice). (3) Quorum present. Invocation given by Commissioner Shelley Taub. Pledge of Allegiance to the Flag. Moved by Wolf supported by Jacobs the minutes of the January 9, 1997 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Garfield the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA PUBLIC SERVICES COMMITTEE a. Prosecuting Attorney - Reorganization b. Miscellaneous Resolution #97004, Review Inspection Procedures for Legionnaires= Disease (Reason for suspension for Public Services Committee item b: Waiver of Rule XII.C - General Government Committee not included in Board referral) d. Community Corrections - Continuation of Two Positions in Court Community Service Unit, Including Filling of Typist I on a Full-Time Basis e. Community Mental Health - Fiscal Year 1996/1997 Full Management Contract with Michigan Department of Community Health f. Transfer of Community Mental Health Financial Function and Positions from Department of Management and Budget to Community Mental Health (Reason for suspension for Public Services Committee items a, d, e and f: Waiver of Rule XII.E - Direct referral to Finance and Personnel Committee) ITEMS NOT ON PRINTED AGENDA Commissioners Minutes Continued. February 13, 1997 12 PLANNING AND BUILDING COMMITTEE e. Department of Facilities Management - Amendment #2 to Purchase Agreement Between the County of Oakland and the City of Royal Oak Regarding the Sale of County Property Located in the City of Royal Oak and Identified as the 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) (Reason for suspension for Planning and Building Committee item e: Waiver of Rule XII - Procedure to Bring Matters before the Board) AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Deputy Clerk read a communication from Chairperson McCulloch appointing Jean Milton, Kay Backus and Paul Stupka to the Oakland County Historical Commission for a term ending January 1, 2000. There being no objections, the appointments were confirmed. The Vice Chairperson stated AA Public Hearing is now called on the Transfer of Community Mental Health Financial Function from Management and Budget to Community Mental Health. Are there any persons present who wish to speak?@ No one requested to speak and the Public Hearing was declared closed. REPORT (Misc. #97006) BY: Public Services Committee, Shelley Taub, Chairperson IN RE: SHERIFF DEPARTMENT AND PROSECUTING ATTORNEY - 1996/1997 NARCOTICS ENFORCEMENT TEAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on February 4, 1997, 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 #97006 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF=S DEPARTMENT AND PROSECUTOR=S OFFICE - 1996/1997 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County submitted an application on April 30, 1996 to receive joint funding with the Oakland County Narcotics Enforcement Team (NET) from the Bryne Memorial Formula Grant and Governor's Discretionary Funds in the total amount of $546,400 (Federal - $273,200; State (NET Funds) - $94,709; County Portion - $178,491); and WHEREAS the objective of this application is to continue Oakland County=s Narcotics Enforcement Team Grant Program (authorized originally under the Anti- Drug Abuse Act (ADAA) of 1988), to investigate and prosecute large-scale drug conspiracies operating in Oakland County; and WHEREAS the Oakland County has been awarded a Bryne Memorial Formula Grant for the period of October 1, 1996 through September 30, 1997 in the amount of $488,272 (Federal - $244,136 (50%); State (NET Funds) - $69,127 (14.2%); County Portion - $175,009 (35.8%)); and WHEREAS the total grant award is a reduction of (10.7%) from the original grant application; and WHEREAS the grant award provides continued funding for one (1) Assistant Commissioners Minutes Continued. February 13, 1997 13 Prosecutor I and two (2) Assistant Prosecutor III in the Prosecutor=s office, as well as funding for one (1) new Assistant Prosecutor III in the Prosecutor=s Office and one new (1) Clerk I position in the Sheriff Department; and WHEREAS funding is available in the Prosecutor=s and Sheriff=s grant match line item to cover the County contribution, no additional appropriation is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1996/1997 Narcotics Enforcement Team Grant in the amount of $488,272 (Federal - $244,136 (50%); State (NET Funds) - $69,127 (14.2%); County Portion - $175,009 (35.8%) as detailed in Schedule A. BE IT FURTHER RESOLVED that one (1) special revenue funded Assistant Prosecutor III position be created in the Narcotics Task Force Unit of the Prosecuting Attorney and one (1) special revenue funded Clerk I position be created in the NET Unit of the Sheriff. BE IT FURTHER RESOLVED that continuation of the grant funded positions is based on future availability of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule A and Schedule B on file in the County Clerk=s office. Moved by Douglas supported by Millard the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Millard the resolution be adopted. AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97007 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - 1997 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #95098, the Sheriff Department applied to the Automobile Theft Prevention Authority (ATPA) for $443,229 in grant funding for the period January 1, through December 31, 1997; and WHEREAS the ATPA has awarded Oakland County with a calendar year 1997 grant in the amount of $417,220, or 94% of the application amount; and WHEREAS as detailed on the attached schedule, of the total award, $344,629 will fund Oakland County operations including four (4) Deputy II positions, this is the same staffing level as the 1996 award; and WHEREAS the remaining $72,591 will fund one (1) Police Officer and vehicle for the City of Pontiac; and WHEREAS the total program effort of $417,220 is funded by a $312,915 grant from ATPA, $86,157 match from Oakland County and a $18,148 match from the City of Pontiac; and WHEREAS funding is available in the Sheriff's Department Grant Match line- Commissioners Minutes Continued. February 13, 1997 14 item to cover the required match, no additional appropriation is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1997 Automobile Theft Prevention Authority Grant in the amount of $417,220 with a County match of $86,157 and a participating jurisdiction match of $18,148. BE IT FURTHER RESOLVED that the 1997 Grant Revenue and Expenditure Budget be amended to reflect the 1997 award as detailed on the attached schedule. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon continued grant funding for this program. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Schedule A and Schedule B on file in the County Clerk=s office. Moved by Douglas supported by Huntoon the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97008 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH SERVICES DISCRETIONARY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the approved grants procedures, the Oakland County Community Mental Health Services Board submitted a grant proposal to the Skillman Foundation to capture funding to support the development of a AFamily to Family@ demonstration project to assist in maintaining family units by strengthening respite, reduction of family isolation, crisis support and parental role models, for 25 families who could benefit from such program services within the Community Mental Health Services= potential client population; and WHEREAS this grant proposal has been funded by the Skillman Foundation (ID #96-221) in the amount of $264,000 for a two year demonstration project and is within fifteen percent (15%) of the amount of the submitted proposal; and WHEREAS the project includes primarily funding for contractual services and will also support one (1) full-time Case Management Coordinator position for the duration of grant funding; and WHEREAS the project will begin 1 March 1997 with all funds expended and the project completed within twenty-four (24) months of this date; and WHEREAS the demonstration project is in direct support of the Community Mental Health Services= mission to provide appropriate services to children with serious emotional impairments within Oakland County; and WHEREAS the grant agreement has been reviewed and approved through the County Executive=s contract review process; and WHEREAS the Fiscal Year 1996/1997 total grant amount is $132,000 which is Commissioners Minutes Continued. February 13, 1997 15 funded as follows: Skillman Funds $132,000 DCH State Funding - 0 - CMH Funds - 0 - Total Grant $132,000 ; and WHEREAS no County match is required and acceptance of the grant does not obligate the County to any on going support nor any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the discretionary funding award from the Skillman Foundation. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to approve minor changes and extensions, within fifteen percent (15%) of the award as originally approved. BE IT FURTHER RESOLVED that the Board approves supporting for one (1) existing full time eligible Case Management Coordinator position (55321-05417) from grant funds. BE IT FURTHER RESOLVED that the Fiscal Year 1996/1997 and Fiscal Year 1997/1998 Budgets be amended as follows: Revenue FY 96/97 FY 97/98 FY 98/99 TOTAL 3-27182-553-01-00-2528 Skillman Grant $ 77,000 $132,000 $ 55,000 $264,000 Sub-Total $ 77,000 $132,000 $ 55,000 $264,000 Expenditures 4-27182-553-01-00-1001 Salaries $ 16,459 $ 30,962 $ 12,976 $ 60,397 4-27182-553-01-00-2074 Fringe Benefits 7,192 13,530 5,690 26,412 4-27182-553-01-00-3574 Mileage 2,100 3,600 1,500 7,200 4-27182-553-01-00-3042 Oak. Univ. Eval. 5,833 10,000 4,167 20,000 4-27182-553-01-00-4898 Office Supplies 58 100 42 200 4-27182-553-01-00-4909 Postage 408 700 292 1,400 4-27182-553-01-00-6672 Print Shop 175 300 125 600 4-27182-553-01-00-3046 Family Consult. 43,899 71,308 29,584 144,791 4-27182-553-01-00-3204 Advertisements 875 1,500 625 3,000 Sub-Total $ 77,000 $132,000 $ 55,000 $264,000 Total $ -0- $ -0- $ -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 Coleman the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97009 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - PATH GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the PATH (Projects to Assist in Transition from Homelessness) Grant contract for Fiscal Year 1996/1997 has been received from the Department of Community Health, authorizing funding to Community Mental Health for the period October 1, 1996 through September 30, 1997; and WHEREAS the Fiscal Year 1996/1997 total grant amount is $119,863 which is funded as follows: PATH Federal Funds $36,200 DMH State Funding 59,690 CMH Funds 23,973 Total Grant 119,863 ; and WHEREAS this year's total grant is $81,465 less than the previous year's Commissioners Minutes Continued. February 13, 1997 16 amount of $201,328 due to a reduction in grant funding by the Department of Community Health; and WHEREAS the funding is consistent with anticipated expenditures for this program; and WHEREAS the acceptance of this grant obligates Community Mental Health to matching funds in the amount $23,973, and requires additional funding in the amount of $2,695, as compared to the adopted budget amount of $21,278 for Fiscal Year 1996/1997. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the PATH Grant award from the Department of Community Health in the total amount of $119,863 for Fiscal Year 1996/1997. BE IT FURTHER RESOLVED that the Community Mental Health Budget be amended for Fiscal Years 1996/1997 and 1997/1998 as follows: Expenditure FY 96/97 FY 97/98 4-22297-556-98-00-3380 Grant Match $2,695 $2,057 4-22297-550-05-00-3282 CMH Contingency ( $2,695) ( $2,057) Total $ -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 Holbert the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97010 BY: General Government Committee, Kay Schmid, Chairperson IN RE: CIRCUIT COURT - AUTHORIZATION TO ENTER INTO CONTRACT FOR A FAMILY DIVISION COORDINATOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 388 of 1996 requires implementation of a Family Division within the Circuit Court effective January 1, 1998; and WHEREAS the Act requires the Chief Judge of the Circuit Court and Chief Judge of the Probate Court develop an agreement establishing a plan for operation of the Family Division by July 1, 1997; and WHEREAS given the limited time period provided by the Act for development of the plan and implementation of the Family Division and the associated management and staff time required to engage in these efforts, utilization of a Family Division Coordinator will enhance the Circuit Court's, Probate Court's and other affected offices' ability to meet the procedural requirements of the Act in an acceptable time frame; and WHEREAS the Family Division Coordinator will assist the Chief Judges of the Circuit and Probate Courts, and each court's respective management teams, in developing recommendations for new court rules and changes to existing court rules to accommodate implementation, analyze caseload data from each court to determine the appropriate number of judges to be transferred into the Family Division, develop caseflow patterns and mechanisms to ensure timely disposition of cases under jurisdiction of the Family Division, assist in determining the appropriate resources to aid Family Division judges in docket management and to ensure the needs of litigants and clients are properly addressed, develop recommendations regarding the operation and administration of the Family Division, and provide other assistance as determined necessary; and WHEREAS the cost to obtain the services of a Family Division Coordinator are estimated to be $28.50 per hour and not to exceed $29,000 for a six month term beginning February 1, 1997. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorize Circuit Court to enter into a professional services contract with a Family Division Coordinator for the purpose of assisting the chief judges of the Circuit and Probate Courts in developing a plan for the operation of the Family Division Commissioners Minutes Continued. February 13, 1997 17 and its implementation. BE IT FURTHER RESOLVED that the Circuit Court=s budget be amended to include an appropriation of $29,000 commensurate with the terms of the professional services contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. REPORT (Misc. #97005) BY: General Government Committee, Kay Schmid, Chairperson IN RE: (SUPPORT) LEGISLATION TO PROVIDE ALL LOCAL UNITS WITH THE NECESSARY EQUIPMENT REQUIRED FOR INTERFACING WITH THE SECRETARY OF STATE=S QUALIFIED VOTER FILE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on February 3, 1997, 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 #97005 BY: Commissioners Gilda Z. Jacobs and Ruth Johnson IN RE: (SUPPORT) LEGISLATION TO PROVIDE ALL LOCAL UNITS WITH THE NECESSARY EQUIPMENT REQUIRED FOR INTERFACING WITH THE SECRETARY OF STATE=S QUALIFIED VOTER FILE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1994, the Michigan Legislature adopted House Bill 5531, which became Public Act 441, of 1994, which amended Michigan Election Law to achieve compliance with the National Voter Registration Act of 1993; and WHEREAS included in the provisions of that Act was the direction for the Secretary of State to direct and supervise the establishment and maintenance of a statewide qualified voter file; and WHEREAS in establishing the qualified voter file program, the Secretary of State has determined that certain equipment and software should be used to implement and maintain this program and has developed a rationale for assisting in providing the necessary equipment to certain local units which must interface with the State=s qualified voter file; and WHEREAS the State has determined that it will provide this necessary computer equipment to only certain size communities, and smaller communities with more limited budgets and fewer personnel are excluded from the State=s financial assistance; and WHEREAS fairness and equity between all local units required to participate in the State=s qualified voter file demands that all communities be afforded the same state assistance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby urge Oakland County=s legislators to introduce and support legislation which will address the unfair and inequitable portions of the State=s qualified voter file program which do not provide an equitable and balanced distribution of state assistance for this state mandated program to the smaller communities of our State. Chairperson, we move the adoption of the foregoing resolution. Gilda Z. Jacobs, Ruth A. Johnson Moved by Dingeldey supported by Jacobs the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Jacobs the resolution be adopted. Commissioners Minutes Continued. February 13, 1997 18 AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97011 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - HOME IMPROVEMENT PROGRAM GUIDELINE CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Development Division has administered the Home Improvement Program (HIP) since 1976 to rehabilitate single family owner occupied housing for low and moderate income persons and improve residential neighborhoods in those communities participating in the Oakland County Community Development Block Grant (CDBG) program; and WHEREAS in Miscellaneous Resolutions #81237, #82233, #90201, #94082 and #96151 the Oakland County Board of Commissioners approved guidelines and amendments for administering the Home Improvement Program; and WHEREAS deferred and installment loans of up to $12,000 are made available to homeowners through the Home Improvement Program for necessary home improvements; and WHEREAS these loans are secured by executing a mortgage and placing a lien on the property; and WHEREAS the Community Development Division must determine that there is enough equity in the property to secure this mortgage; and WHEREAS the current method of determining if there is enough equity in the property is to identify the current market value of the property and deduct the existing mortgages and liens against the property; and WHEREAS the current method of determining the current market value of the property is to double the State Equalized Value (SEV) or request that the homeowner obtain a market value analysis of the property; and WHEREAS the Oakland County Equalization Division has indicated that there is a delay of approximately eighteen months to two years for the SEV to reflect current sales data; and WHEREAS doubling the SEV does not provide a reasonable assessment of the current value of the property and requesting a market value analysis is time consuming and may cost the homeowner a realtor=s or appraiser=s fee; and WHEREAS to establish a more reasonable property value and reduce the burden currently placed on homeowners to obtain a market value analysis, the Oakland County Community Development Division proposes to multiply the SEV by a factor determined by the Oakland County Equalization Division; and WHEREAS the factor is based on annual median sales and assessed values; and WHEREAS the factor will be obtained annually from the Oakland County Equalization Division; and WHEREAS if homeowners are not satisfied with determining the reasonable market value of their property by multiplying the SEV by the community=s factor, they will be afforded the opportunity to obtain and submit a market value analysis to establish a reasonable value of their property; and WHEREAS the Oakland County Community Development Division Citizens Advisory Council by a vote of ten to two recommends that the existing Loan Limitations as outlined in the current Home Improvement Program Guidelines be changed to reflect multiplying the current SEV by the factor as determined by the Oakland County Equalization Division to annually establish a reasonable current market value as outlined in Attachment A. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agrees to change the existing Oakland County Community Development Division Home Improvement Program Guidelines to reflect multiplying each homeowner=s State Equalized Valuation by a factor established annually by the Oakland County Equalization Division to establish a reasonable fair market value for each homeowner=s property. BE IT FURTHER RESOLVED that if homeowners do not accept this method of Commissioners Minutes Continued. February 13, 1997 19 establishing a fair market value for their property, they will be afforded the opportunity of providing a market value analysis to the Oakland County Community Development Division. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Attachment A and Oakland County Community Development Home Improvement Program Guidelines on file in the County Clerk=s office. Moved by Garfield supported by Jensen the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97012 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO GRANT A PERMANENT EASEMENT FOR SANITARY SEWER CONSTRUCTION ACROSS COUNTY PROPERTY IN THE CITY OF AUBURN HILLS, IDENTIFIED AS SIDWELL NO. 14-03-100-026 (32.49 ACRES OF VACANT LAND) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns 32.49 acres of vacant land in the City of Auburn Hills with frontage on Harmon and Giddings Roads identified as Sidwell No. 14-03-100-026; and WHEREAS the County of Oakland has received a request from the adjoining property owner to grant a 20-foot wide permanent easement to the City of Auburn Hills for construction of a sanitary sewer across the Harmon Road frontage of County-owned land identified as Sidwell No. 14-03-100-026; and WHEREAS the Department of Facilities Management has requested the assistance of Oakland County Drain Commissioner and staff to review this request; and WHEREAS the Departments of Facilities Management, the staff of the Oakland County Drain Commissioner, and Corporation Counsel have reviewed the construction plans and easement documents and recommend the granting of this easement request across this property identified as Sidwell 14-03-100-026 in the City of Auburn Hills; and WHEREAS the granting of this 20-foot wide permanent easement for sanitary sewer purposes to the City of Auburn Hills will benefit the County and provide sanitary sewer service to County-owned land identified as Sidwell No. 14-03-100- 026. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends the granting of a 20-foot wide permanent easement for sanitary sewer purposes across the Harmon Road frontage of County-owned land identified as Sidwell No. 14-03-100-026 in the City of Auburn Hills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or its designee to execute the necessary documents to grant the sanitary sewer easement to the City of Auburn Hills. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Permanent Sanitary Sewer Easement on file in the County Clerk=s office. Moved by Garfield supported by Kingzett the resolution be adopted. AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Commissioners Minutes Continued. February 13, 1997 20 Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (21) 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: BOARD OF COMMISSIONERS - 1996 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: In accordance with Section A(C.)(5.),@ Rule XI of the Board Rules, your Planning and Building Committee has completed the 1996 portion of its biennial inspection of County-owned buildings and grounds. The Service Center facilities inspected were: Administrative Annex I, Administrative Annex II, Central Heating Plant, Children=s Village Complex, Courthouse Complex, Information Technology and the Oakland Pointe Office Buildings. Additionally, off-campus facilities inspected were the Royal Oak Market, Fourth Street, Troy Street and the West Oakland Office Buildings. 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 1996 include: 1. Courthouse Lobby Expansion 2. 200 Bed Inmate Housing Project at Trusty Camp 3. Relocation of Road Commission Traffic Operations Center to the Service Center 4. Courthouse Prisoner Detention Facility Expansion 5. Oakland Pointe Office Building Renovations 6. West Oakland Office Building Renovations 7. Courthouse Bell Installation 8. Space Needs Study Update 9. Elimination of OCOM as a County Function 10. Boy Scout Facility Lease Extension 11. Purchase of Maintenance Facility for the Drain Commissioner 12. Easter Seal Lease Extension 13. Authorization to appraise Clinton Valley Center 14. Approved Sale of Fourth Street, Troy Street and Royal Oak Market Facilities to City of Royal Oak 15. Completed Agreement with the City of Troy to renovate and expand a City of Troy Facility for the new 52-4 District Court 16. Approval of 1997 Facilities Maintenance and Operations Special Projects Budget 17. Approval of 1997 - 2001 Capital Improvement Program 18. Completion of Phases 1, 2 and 3 of Service Center Road Improvement Program 19. Completion of Service Center Elevator Improvements 20. Approval of site location for a new Medical Examiner=s Facility 21. Approval of consultant for design of new Medical Examiner=s Facility 22. Completion of new roof for the Medical Care Facility 23. Approval of numerous utility easements on County properties Projects begun in 1996 and expected to be completed in 1997: 1. Conversion of Administration Annex II into Record Retention Facility 2. Update of County Solid Waste Management Plan 3. Purchase of South Oakland Office Building 4. Completion of sale of Fourth Street, Troy Street and Royal Oak Market Facilities 5. Completion of Service Center Signage - Phase II 6. Completion of Central Heating Plant Electrical Improvements 7. Completion of Courthouse West Wing Renovations (Treasurer=s Commissioners Minutes Continued. February 13, 1997 21 Office) 8. Completion of Electrical Upgrades Project for the Courthouse and Law Enforcement Complexes In related activities, the department continues to provide support services to the Parks and Recreation Commission, the Road Commission, County Airports, and Community Mental Health. As indicated by the 1997 Capital Improvement Program, 1997 is expected to be another active year. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Garfield supported by Powers the Planning and Building Committee Report be accepted. AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (22) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted. MISCELLANEOUS RESOLUTION #97013 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: SHERIFF=S DEPARTMENT - USE OF COUNTY LAND AND INMATE LABOR FOR TREE DISTRIBUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the opportunity exists to provide trees, free of charge, to communities, schools, and other public entities in Oakland County; and WHEREAS there is land that is owned by Oakland County and its agencies that is available for the storage of trees prior to their being distributed to the requesting entities; and WHEREAS state statute provides that sentenced inmates over the age of 18 years who are capable of performing manual labor can perform work for non-profit charitable organizations and can perform lawful labor for the benefit of the County; and WHEREAS the distribution and planting of trees throughout the County would contribute to the welfare of the citizens of Oakland County; and WHEREAS the utilization of inmate work details promotes the development of good work habits which assist in enhancing the employability of inmates upon their release. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that land be made available for tree storage and that inmate labor be utilized for the distribution of these trees. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Vice Chairperson referred the resolution to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #97014 BY: John Garfield, Commissioner, District No. 9 IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - AMENDMENT #2 TO PURCHASE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF ROYAL OAK REGARDING THE SALE OF COUNTY PROPERTY LOCATED IN THE CITY OF ROYAL OAK AND IDENTIFIED AS THE 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) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on November 7, 1996 in Resolution #96184, the County of Oakland and the City of Royal Oak entered into a Purchase Agreement to sell to the City of Royal Oak County-owned property located in the City of Royal Oak and identified Commissioners Minutes Continued. February 13, 1997 22 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 on January 9, 1997, by adoption of Miscellaneous Resolution #97001, the Board of Commissioners approved an extension of the closing date to no later than February 14, 1997; and WHEREAS the County and the City agreed to close on said properties identified as Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128-007) and part of Royal Oak Farmer's Market, 316 East Eleven Mile Road, Royal Oak, MI 48067 (Sidwell No. 25-22-104-002) on February 10, 1997, and at that closing several additional items were identified which need to be included in the purchase agreement as follows: Section 5 - CLOSING ON FOURTH STREET AND FARMER=S MARKET Amend the third sentence which originally read ABy proceeding with the Closing on these parcels and except as set forth in Sections 8 and 9 below, Purchaser waives any title, structural, environmental or physical defects and accepts the conditions on all three (3) parcels@ by adding the following language to the end of that sentence A...except as follows: As to the Troy Street property only: The original building plans, as noted in the Phase I Environmental Site Assessment, identified the presence of a 6000 gallon underground storage tank to the east of the building. It is the County=s belief that no tank was actually installed. If, however, it is determined by further investigation that the described tank is present, the County agrees to pay the costs for tank removal and environmental remediation. In addition, the County will be responsible for resolving any environmental impairments to the property which originate between February 10, 1997, and the date possession is turned over to the Purchaser.@ Section 6 - CLOSING ON TROY STREET The second sentence which originally read ASeller may extend that date by up to one hundred twenty (120) days upon written notification to Purchaser@ is deleted in its entirety and replaced by the following new sentences: ASeller may extend that date until September 15, 1998, upon written notification to Purchaser; provided however that if Seller extends the closing past May 8, 1998, Seller shall pay Purchaser the difference, if any between (a) the cost of the demolition of the building on the TROY STREET property done at a different time than the demolition of the Elks Building at 203-205 S. Troy Street in Royal Oak, Michigan (AElks Building@) and (b) the cost of the demolition of the building on the TROY STREET property done at the same time as the demolition of the Elks Building. Purchaser agrees to notify Seller of the cost difference, if any, by January 15, 1998.@ WHEREAS it is mutually agreed it would be beneficial to both parties to adopt these two addendums to the Purchase Agreement; and WHEREAS all other terms and conditions of this Agreement shall remain at full force and effect. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends the adoption of the above-stated Addendum to the Purchase Agreement between the County of Oakland and the City of Royal Oak. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners directs its chairperson or its designee to execute the necessary document to amend said Purchase Agreement for the sale of properties identified as Fourth Street Office Building, 2401 Fourth Street, Royal Oak, MI 48067 (Sidwell No. 25-23-128-007) 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, in accordance with this resolution. Chairperson, I move the adoption of the foregoing resolution. John Garfield Moved by Garfield supported by Kaczmar the resolution be adopted. Commissioners Minutes Continued. February 13, 1997 23 AYES: Johnson, Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97015 BY: Public Services Committee, Shelly Taub, Chairperson IN RE: PROSECUTING ATTORNEY - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney Department is currently organized into seven divisions: Administration, Warrants, Appellate, Circuit Court, District Court, Juvenile Court, and Family Support; and WHEREAS a consolidation of the litigation functions into one division would reduce administrative requirements and increase productivity; and WHEREAS in addition to a Litigation Division, the Prosecuting Attorney requests three other divisions of Administration, Warrants, and Appellate; and WHEREAS four new classifications are proposed for the heads of each division, with the current Chief Assistant Prosecutor requested to be retitled to Chief Deputy Prosecutor to maintain consistency; and WHEREAS no additional positions are requested with this consolidation, and only two positions are requested to be upgraded from existing funds within the Prosecuting Attorney=s Salary Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the reorganization of the Prosecuting Attorney=s Department into the following divisions: Administration (411-01), Litigation (412-01), Warrants (413-01), and Appellate (414-01). BE IT FURTHER RESOLVED that the following changes be made as shown: Retitle the following positions with no change in salary: Pos. # Current Proposed 03115 Chief Assistant Prosecutor Chief Deputy Prosecutor 01825 Chief-Circuit Court Division Chief-Circuit Court 00536 Chief-District Court Division Chief-District Court 01670 Chief-Juvenile Court Division Chief-Juvenile Court 02946 Chief-Family Support Division Chief-Family Support 01126 Chief - Legal Operations Deputy Pros.- Litigation 02430 Principal Attorney Chief Atty. - Administration Reclassify the following positions to the new classifications and salary range as shown: 00766 Chief - Warrants Deputy Prosecutor-Warrants and Investigations 02423 Chief - Appellate Division Deputy Prosecutor-Appeals and Research Base 1 Year 2 Year 3 Year 4 Year 5 Year O/T $80,410 81,874 83,339 84,805 86,268 87,734 No BE IT FURTHER RESOLVED that the classifications of Chief - Warrants and Chief - Appellate Division be deleted from the County Salary Schedule. BE IT FURTHER RESOLVED that the attached Position Summary, identifying position locations and classifications, and the Budget Amendment are approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Position Summary, Prosecuting Attorney - Proposed Re-Organization on file in the County Clerk=s office. FISCAL NOTE (Misc. #97015) Commissioners Minutes Continued. February 13, 1997 24 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY - REORGANIZATION 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 requests the reorganization of the Prosecuting Attorney Department into four divisions: Administration (411-01), Litigation (412-01), Warrants (413-01) and Appellate (414-01). 2. The resolution also authorizes the reclassification of the Chief - Warrants position to Deputy Prosecutor - Warrants and Investigation and Chief - Appellate Division to Deputy Prosecutor - Appeals and Research at an increased annual cost of $5,800 in salaries and fringe benefits. The Chief Assistant Prosecutor position is to be retitled to Chief Deputy Prosecutor. Seven additional positions are to be retitled with no increase in salary. 3. Due to personnel changes resulting from the transition, no additional funding is required for Fiscal Year 1997. The Fiscal Year 1997/1998 budget will require an appropriation of $4,400 for salaries and $1,420 for fringe benefits. 4. The Fiscal Year 1997 and Fiscal Year 1997/1998 budget are amended as outlined below: FY1997 FY1997/98 4-10100-909-01-00-9901 Salary Adj. (4,400) 4-10100-909-01-00-9906 Fringe- Benefit Adj. (1,420) 4-10100-411-01-00-1001 Salaries ($3,700,733) ($6,013,652) 4-10100-411-01-00-2074 Fringe- Benefits ( 1,476,201) ( 2,395,445) 4-10100-412-01-00-1001 Salaries 2,512,362 4,082,553 4-10100-412-01-00-2074 Fringe- Benefits 999,556 1,623,442 4-10100-413-01-00-1001 Salaries 537,881 876,191 4-10100-413-01-00-2074 Fringe- Benefits 228,635 372,774 4-10100-414-01-00-1001 Salaries 650,490 1,059,308 4-10100-414-01-00-2074 Fringe- Benefits 248,010 400,649 $ 0 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Law the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson. (21) NAYS: Holbert. (1) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #97004) BY: Public Services Committee, Shelley Taub, Chairperson IN RE: HEALTH DIVISION - REVIEW INSPECTION PROCEDURES FOR LEGIONNAIRES= DISEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on February 4, 1997, reports with the recommendation that the resolution be adopted with the addition of the following: BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Oakland County Legislators, the Michigan Department of Community Health and Oakland County=s legislative liaison personnel. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #97004) Commissioners Minutes Continued. February 13, 1997 25 BY: General Government Committee, Kay Schmid, Chairperson IN RE: HEALTH DIVISION - REVIEW INSPECTION PROCEDURES FOR LEGIONNAIRES= DISEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on February 3, 1997, reports with the recommendation that the resolution be adopted with the addition of the following: BE IT FURTHER RESOLVED that the Cities of Farmington and Farmington Hills and the Oakland County Health Division be commended for their expedient response to this crisis in our community. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #97004 BY: Donn Wolf, County Commissioner, District #19; David L. Moffitt, County Commissioner, District #18 IN RE: HEALTH DIVISION - REVIEW INSPECTION PROCEDURES FOR LEGIONNAIRES= DISEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in early October of 1996, the City of Farmington experienced the occurrence of Legionnaires= Disease; and WHEREAS at least thirty area residents were afflicted with the disease, and of that number four deaths occurred; and WHEREAS the occurrence of this disease creates fear and anxiety in the general population and business community; and WHEREAS the source of the Legionella bacteria could not be readily located and affected a large geographical area of both the Cities of Farmington and Farmington Hills; and WHEREAS this investigation involved extensive commitments of time from Oakland County health officials, State of Michigan health officials and local city officials; and WHEREAS it has been determined by all health officials that a common source for this type of outbreak is water cooled rooftop air conditioning units of commercial buildings. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the legislature of the State of Michigan, the Michigan Department of Community Health and the Oakland County Health Division to commence a comprehensive investigation into this very important health concern and thoroughly evaluate the problem to determine if there is a need for establishing additional maintenance requirements and/or inspections of this mechanical equipment known to harbor and spread the Legionella bacteria. Chairperson, on behalf of the Public Services Committee, we move the adoption of the foregoing resolution. David L. Moffitt, Donn L. Wolf Moved by Taub supported by Wolf the Public Services Committee and the General Government Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Taub supported by Wolf the resolution be adopted. AYES: Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97016 Commissioners Minutes Continued. February 13, 1997 26 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: 1997 GYPSY MOTH SUPPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County=s assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the County has chosen to assist qualifying local units by participating in a state-wide treatment program developed by the Michigan Department of Agriculture (MDA); and WHEREAS the MDA program offers the expertise and experience of the MDA in suppressing the gypsy moth infestation plus the possibility of Federal and/or State cost sharing for program expenses through a State grant entitled the, A1997 Michigan Department of Agriculture Cooperative Gypsy Moth Suppression Program@; and WHEREAS the County provides local units an opportunity to join this County- wide program and realize economies of scale, cost savings, and possible cost sharing through the MDA grant that local units could not achieve independently; and WHEREAS it has become necessary to recover from the participating municipalities, Oakland County Parks and Huron Clinton Metropolitan Authority the County cost based on acreage sprayed which is not recovered from the State grant(s); and WHEREAS the 1997 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with a MDA selected insecticide by an MDA qualified and approved agricultural pesticide spray contractor in a attempt to minimize municipal tree damage; and WHEREAS the Townships of Commerce, Milford, Oakland, Springfield, Waterford and White Lake; the Cities of Bloomfield Hills, Farmington Hills, Southfield and Wixom; the Villages of Holly and Wolverine Lake; and Oakland County Parks; and Huron Clinton Metropolitan Authority, have submitted acreage for the 1997 program; and WHEREAS the attached 1997 Gypsy Moth Suppression Program Municipal Participation Agreement is submitted for Board action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached MUNICIPAL PARTICIPATION AGREEMENT - 1997 OAKLAND COUNTY GYPSY MOTH SUPPRESSION PROGRAM for each of the above named municipalities who meet State=s qualification criteria for participation in the 1997 program. BE IT FURTHER RESOLVED that upon receipt of the final, executed MUNICIPALITY PARTICIPATION AGREEMENT - 1997 OAKLAND COUNTY GYPSY MOTH PROGRAM from each of the above eligible municipalities, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners authorizes the Oakland County Executive to execute and enter into each of these Agreements on behalf of the County Of Oakland. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Municipality Participation Agreement, 1997 Oakland County Gypsy Moth Program on file in the County Clerk=s office. Moved by Taub supported by Obrecht the resolution be adopted. AYES: Law, McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 13, 1997 27 MISCELLANEOUS RESOLUTION #97017 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CONTINUATION OF TWO (2) POSITIONS IN COURT COMMUNITY SERVICE UNIT, INCLUDING FILLING OF TYPIST I POSITION ON A FULL-TIME BASIS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners authorized the transfer of the Circuit Court Community Service Program from Circuit Court Probation to the Public Services Department, Community Corrections Division per the attached Miscellaneous Resolution #96052, March 7, 1996; and WHEREAS this proposal involved the creation of a new classification and position titled Community Service Coordinator, and one Typist I for one year, with continuation subject to review and recommendation by the Public Services Committee; and WHEREAS the Typist I position was authorized to be underfilled by a part- time, non-eligible employee during the program=s initial start-up process, until the Manager came back to the committees with additional information to justify filling the position on a full-time basis; and WHEREAS a Community Service fee ranging from $0 (for the truly indigent) to $100 was implemented; and WHEREAS the Community Service completion rate for the past six months has improved from 55% to 71%; and WHEREAS referrals have increased by 20% over the last year; and WHEREAS the implementation of the CCAMIS software system, to provide the detailed information required by the State, has increased the amount of clerical support needed to complete the necessary tasks; and WHEREAS the State Office of Community Corrections has allocated 50% of the funding for the Typist I; and WHEREAS for the last quarter of 1996, 1763 jail days have been avoided resulting in a $119,884 cost avoidance for this time period. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of one (1) GOV Community Service Coordinator position (17403-07833), and one (1) SR Typist I position (17403-07834) in the Public Services Department, Community Corrections Division, Court Community Service Unit. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approve filling the Typist I position on a full-time basis. BE IT FURTHER RESOLVED that continuation of the Typist I position is contingent upon continuation of State funding to pay half of position costs. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #97017) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CONTINUATION OF TWO (2) POSITIONS IN COURT COMMUNITY SERVICE UNIT INCLUDING FILLING OF TYPIST I POSITION ON A FULL- TIME BASIS 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 continuation of one (1) Governmental Community Service Coordinator position (17403-07833), and one Special Revenue Typist I position (17403-07834). 2. Further, the resolution approves the filling of the Typist I position on a full-time basis. 3. Funds are available in the Fiscal Year 1997 and Fiscal Year 1998 budgets, no additional appropriation is required. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Dingeldey the resolution be adopted. Commissioners Minutes Continued. February 13, 1997 28 AYES: McPherson, Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97018 BY: Public Services Committee, Shelley Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH FISCAL YEAR 1996-1997 FULL MANAGEMENT CONTRACT WITH MICHIGAN DEPARTMENT OF COMMUNITY HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Full Management Contract between the Michigan Department of Community Health and Oakland County Community Mental Health as the County agent specifies the terms and conditions for funding and service delivery of the Oakland County Community Mental Health Board Programs; and WHEREAS the 1995/1996 Full Management Contract has been extended for a 90 day period that commenced on 10/1/1996 and expired on 12/31/1996, but was extended for another 60 day period that will expire on 3/1/1997; and WHEREAS Oakland County Community Mental Health Staff in cooperation with Oakland County Corporation Counsel, have developed recommended modifications to the Department=s standard language to suit the needs of Oakland County and incorporate language that includes the ability to assign the contract to a Community Mental Health Authority once established. The modifications also include clarifying statements to eliminate potential County shared risk related to the Medicaid Managed Care targets; and WHEREAS the Oakland County Community Mental Health Board approved this contract on January 21, 1997. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached text AMichigan Department of Community Health/Oakland County Community Mental Health Services Board Contract for Full Management@ for Fiscal Year 1996-1997 and all attachments. BE IT FURTHER RESOLVED that the Biennial Budget is amended as follows: Community Mental Health Fund (22297) FY 1996/97 FY 1997/98 Revenues 550-01-00-2589 State Matching Payments $1,816,180 $1,816,180 550-01-00-8101 County Match 116,779 116,779 557-05-10-2500 Medicaid Waiver - Federal Share 46,650 46,650 Subtotal $1,979,609 $1,979,609 Expenditures 550-05-00-3282 Contingency $1,823,118 $1,823,118 557-05-10-3042 Child Model Waiver - Client Services 84,557 84,557 559-53-10-3042 MORC - DD SIP=s (Sec. 307 Transfer Funding) 71,934 71,934 Subtotal $1,979,609 $1,979,609 TOTAL $ -0- $ -0- Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Michigan Department of Community Health/Oakland County Community Mental Health Services Board Full Management Contract - Fiscal Year 1996/1997 on file in the County Clerk=s office. FISCAL NOTE (Misc. #97018) Commissioners Minutes Continued. February 13, 1997 29 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: OAKLAND COUNTY COMMUNITY MENTAL HEALTH FISCAL YEAR 1996/1997 FULL MANAGEMENT CONTRACT WITH MICHIGAN DEPARTMENT OF COMMUNITY HEALTH 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 contract is between the Michigan Department of Community Health (DCH) and the County of Oakland for the period October 1, 1996 through September 30, 1997. 2. The total amount of gross funding in the contract is $150,369,322, with $8,460,425 in County match which is currently budgeted and requires no additional appropriation. The funding sources are detailed as follows: State Match $101,494,389 County Match 8,460,425 Federal Share of Medicaid 37,868,162 1st and 3rd Party Reimbursement 785,793 OBRA, Managed Care and Path Grant 1,607,094 IGT Transfer 50,881 Subtotal - CMH Fund $150,266,744 Federal Block Grant Funds 102,578 GRAND TOTAL $150,369,322 3. This contract has been approved by the Board of Commissioners Public Services Committee. 4. The Fiscal Year 1996/1997 and 1997/1998 Biennial Budget shall be amended as stated in the resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Amos the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Pernick, Powers, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (21) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97019 BY: Public Services Committee, Shelley Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH - TRANSFER OF FINANCIAL FUNCTION AND POSITIONS FROM MANAGEMENT AND BUDGET TO COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS soon after the adoption of Full Management, the Board of Commissioners, by Miscellaneous Resolution #94210, approved the transfer of the financial functions from Community Mental Health (CMH) to the Department of Management and Budget (DMB); and WHEREAS on December 12, 1996, the Board of Commissioners, by Miscellaneous Resolution #96260, approved the establishment of the Oakland County Community Mental Health Authority with the purpose and power to comply with and carry out the provisions of the Michigan Mental Health Code, 1974 Public Act 258, as amended; and WHEREAS the Technical Assistance Collaborative (TAC), Inc., the CMH consultant contracted to facilitate the transition to Full Management, recommends in its May 23, 1996 Progress Report and Strategic Plan Recommendations that the leadership responsibility for the financial functions should reside with the CMH Board and Executive Director, integrating financial management with policy analysis and strategic development; and WHEREAS on October 24, 1996, the Board of Commissioners, by Miscellaneous Resolution #96238, approved the implementation of a new Human Resource and Financial Information (HRFIS) system which will be tailored to the needs of Oakland County rather than the unique financial and activity based information needs of the newly established Community Mental Health Authority; and WHEREAS Community Mental Health is simultaneously exploring its financial Commissioners Minutes Continued. February 13, 1997 30 and data needs related to managed care; and WHEREAS the County Executive recommends that, in light of the foregoing, the CMH financial functions be transferred in an orderly fashion from the Department of Management and Budget to Community Mental Health; and WHEREAS this request has been reviewed and approved by the Oakland County Community Mental Health Services Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of one (1) vacant Chief-Fiscal Services position (12630- 03261) and the Community Mental Health Reimbursement function which includes the following positions from the Management and Budget, Community Mental Health Fiscal Services Unit (12630), to the Community Mental Health Board, Administration Unit (55001), effective beginning March 1, 1997 for those positions that become vacant due to normal attrition but for all CMH Reimbursement positions no later than June 7, 1997: Position Number Classification 12630-06603 Supervisor - CMH Reimbursement 12630-07574 Financial Analyst I 12630-07332 Accountant II 12630-05330 Junior Accountant 12630-01483 Account Clerk II 12630-01829 Account Clerk II 12630-02051 Account Clerk II 12630-02724 Account Clerk II 12630-02939 Account Clerk II 12630-03633 Account Clerk II 12630-04796 Account Clerk II 12630-04798 Account Clerk II 12630-04800 Account Clerk II 12630-05961 Account Clerk II 12630-06604 Account Clerk II 12630-07739 Account Clerk II 12630-07918 Account Clerk II 12630-07930 Account Clerk II BE IT FURTHER RESOLVED that the remaining Community Mental Health Fiscal Services Unit, except the Accounts Payable and Vouchering functions, along with the Purchasing function, including the following positions, are authorized to be transferred administratively from the Department of Management and Budget, CMH Fiscal Services Unit (12630), to the Community Mental Health Board, Administration Unit (55001), effective when each position is vacated by the incumbent employee: Position Number Classification 12630-00982 Financial Analyst III 12630-07917 Financial Analyst III 12401-06605 Buyer II 12401-07741 Procurement Technician BE IT FURTHER RESOLVED that the functions of Accounts Payable and Vouchering will continue to be performed by the Department of Management and Budget until such time it is mutually agreed that those duties shall be transferred to Community Mental Health and funding will cease. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #97019) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS/COMMUNITY MENTAL HEALTH - TRANSFER OF FINANCIAL FUNCTION AND POSITIONS FROM MANAGEMENT AND BUDGET TO COMMUNITY MENTAL HEALTH 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 Community Mental Health Board concurs with the County Executive=s recommendation to transfer the financial function and those positions in the Department of Management and Budget assigned to support the Community Mental Health financial activities, to the Commissioners Minutes Continued. February 13, 1997 31 Community Mental Health Board - Administration Unit on a phase in basis discussed in the resolution. 2. The phase in includes authorization to administratively transfer certain positions once they become vacant. 3. All the affected positions are funded by the Community Mental Health Fund, this transfer will have no effect on the County General Fund. 4. Budget amendments, as required due to actual position transfers, will be presented as part of the Quarterly Financial Forecasts. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Wolf the resolution be adopted. Discussion followed. AYES: Moffitt, Obrecht, Powers, Taub, Wolf, Amos, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Law, Millard. (15) NAYS: Pernick, Coleman, Holbert, Jacobs, Kaczmar, Kingzett, McPherson. (7) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97020 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH 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 Fourth Quarter 1996 data processing development charges to be $360,935 and the imaging development charge to be $2,666 for the governmental fund County departments; and WHEREAS direct charges to non-governmental fund departments and non-County agencies are $534,068 for the Fourth 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 Fourth Quarter 1996 Data Processing Development and approves the fourth quarter appropriation transfer. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97021 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - FOURTH QUARTER 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 quarter of 1996. STRATEGIC PLANNING COMMITTEE Copy of Information Technology Office Automation Schedule on file in the Commissioners Minutes Continued. February 13, 1997 32 County Clerk=s office. The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97022 BY: Ruel McPherson, District 25; Gilda Jacobs, District 23; JoAnne Holbert, District 6; Jeff Kingzett, District 7; Lawrence Pernick, District 20; Eric Coleman, District 21; Eugene Kaczmar, District 24 IN RE: SUPPORT OF CONSORTIUM APPROACH TO BUSINESS DEVELOPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Palace Sports and Entertainment had proposed to construct a one- mile AIndy-style@ racetrack at the Michigan State Fairgrounds; and WHEREAS due largely to opposition from neighborhood groups based on noise and pollution issues, the project was shelved by Palace Sports and Entertainment; and WHEREAS there still remains a great deal of opportunity to develop other revenue-creating projects for Oakland County venues, including the State Fairgrounds area, which would be welcomed by neighborhood residents and businesses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners welcomes the opportunity to work with Palace Sports and Entertainment, or any other private enterprise, to help determine the best possible location within Oakland County for future projects. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners also encourages the inclusion of municipal leaders and local neighborhood groups and their respective state legislators when determining the viability of future projects which may affect their communities. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Oakland County Legislators and the Governor. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Eugene Kaczmar, Gilda Z. Jacobs, JoAnne Holbert, Lawrence R. Pernick, Eric Coleman, Jeff Kingzett The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97023 BY: Commissioner Nancy Dingeldey IN RE: SUPPORT OF CONTINUED (AND INCREASED) HEAD START FEDERAL PROGRAM FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland Livingston Human Service Agency Head Start Program serves 1,567 low income children and families in Pontiac, Royal Oak, Home Base, and fifteen school districts throughout Oakland County; and WHEREAS Head Start provides services in areas including Education, Health, Disabilities, Family Involvement, Family Services, Mental Health, and Career Development to all enrolled children and families throughout the county in order to empower children and families to move toward self-sufficiency; and WHEREAS these services, provided through Head Start, have been documented through the High Scope Perry Preschool Report, completed in 1993, which assesses the effectiveness of high quality, active learning preschool programs in providing short and long term benefits to at risk children living in poverty; and WHEREAS the results of this report indicated that there are many short and long term benefits, such as higher literacy rate, higher earnings, lower arrest rate, and higher level of schooling attained; and WHEREAS the cost of providing these comprehensive services to children and families by highly trained staff continues to escalate, while at the same time the provision of these services by collaborating agencies or programs declines because of funding cuts; and WHEREAS current funding allows only one-half of the eligible families in Commissioners Minutes Continued. February 13, 1997 33 Oakland County to be served by the Oakland Livingston Human Service Agency Head Start Program. NOW THEREFORE BE IT RESOLVED that increased funding would allow the Oakland Livingston Human Service Agency Head Start Program to serve more eligible families throughout Oakland County, and to empower children and families to move toward self-sufficiency. Chairperson, I move the adoption of the foregoing resolution. Nancy Dingeldey The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97024 BY: Donald Jensen, Thomas A. Law, David L. Moffitt, Lawrence A. Obrecht, Dennis Powers, Donn L. Wolf IN RE: (SUPPORT) - NONTAXATION ROAD ENHANCEMENT ALTERNATIVES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS good roads are vital for the commercial viability, tourism, economic well-being, safety, and quality of life in Oakland County; and WHEREAS Oakland County=s Road Commission and community have over 5,000 miles of road to maintain, plus 310 miles of state highway under contract; and WHEREAS the above factors are being jeopardized due to deteriorating pavement conditions, a climbing accident rate, increasing traffic volumes and congestion, and a failure of the legislature to adequately fund road maintenance and improvement projects; and WHEREAS Michigan has ranked in the bottom 10 states for over 30 years of road funding, to the point where Michigan ranks 49th in per capita spending on roads, and 50th in spending per thousand miles of travel; and WHEREAS it has been over 14 years since the legislature in Michigan voted to increase its 15 cent gas tax, when only 5 states have a lower rate, and the dollar amount generated declines every year on a per vehicle basis as newer cars get increasingly better gas mileage; and WHEREAS Oakland County receives back less than it generates each year in fuel taxes, and thus, is a major donor county to the rest of the state; and WHEREAS Oakland County suffers from inadequate federal fund allocations because, firstly, Michigan is a donor state to the rest of the nation; secondly, because the state does not spend a fair share of its federal funds in Oakland County; and thirdly, because the state Department of Transportation last year deviated from its traditionally accepted sharing of federal ISTEA funds by keeping most of the local portion to fund three expensive state projects; and WHEREAS the concept of dedicated fuel and registration fees represents the most equitable way to address both road maintenance and the $1.5 billion backlog of road improvement needs in Oakland County, the postponement of which threatens our economic growth and vitality; and WHEREAS current law has for decades stipulated a fair and accepted distribution of state fuel taxes which should be continued, but is under attack by those seeking to direct up to 70% of new state road revenues, and up to 90% of all federal resources to the state Department of Transportation; and WHEREAS earlier proposals of 5 cents and 7 cents would have allowed local road agencies to barely keep pace with road repairs and inflation, but not to fund the backlog of road improvement needs; and WHEREAS legislative proposals to increase funding of the Michigan Transportation Fund, by addressing gas and diesel taxes as well as other mechanisms, are being considered this year. NOW THEREFORE BE IT RESOLVED BE IT FURTHER RESOLVED that this Board strongly supports change in the road distribution formula that would reduce the disparity between what Oakland County contributes versus what it receives from state funds, due to decades of Oakland being a donor county to the other counties and the state. BE IT FURTHER RESOLVED that this Board opposes any legislative effort to increase the state share of road funds by dedicating portions of the revenues Aoff the top@, or prior to use of the distribution formula for any special fund, purpose, agency, or cause, for any period of time, as that would erode the local road funds and destroy decades of equitable funding arrangements and inter-agency Commissioners Minutes Continued. February 13, 1997 34 cooperation. BE IT FURTHER RESOLVED that this Board supports continued application of the 75%-25% principle of federal aid sharing between the state and its local road agencies. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby forms an Ad Hoc Committee to be appointed by the Chairperson of the Board to study and report on alternative means of funding road improvements. BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all Oakland County state legislators, the county=s legislative agents, and the Michigan Association of Counties. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt, Thomas A. Law, Lawrence A. Obrecht, Donn L. Wolf, Donald W. Jensen, Dennis N. Powers The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97025 BY: Commissioner John P. Garfield, District #9 IN RE: JUDICIAL DETERMINATION OF VOTED ISSUES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Constitution of the State of Michigan retains all political power inherent in the people and states that AGovernment is instituted for their equal benefit, security and protection.@; and WHEREAS within the State Constitution the people reserve to themselves the power of the initiative to propose laws and to enact and reject laws, and the power of the referendum to approve or reject laws enacted by the legislature; and WHEREAS also within the State Constitution, the people have divided the powers of government into three branch: legislative, executive and judicial; and no person exercising powers on one branch shall exercise powers properly belonging to another branch; and WHEREAS the State Constitution does not allow the governor to veto such referendum or initiative and only allows the legislature to amend or repeal referendum or initiative on the vote of 3/4 of each house of the legislature; and WHEREAS the citizens of another state have recently been victims of an over-zealous judiciary which has suspended the people=s right to enact their own legislation through judicial determination of immigration law and constitutional amendments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that the Judicial Branch of Michigan government allow matters decided by the voters of this state to remain as voted, and does urge all other counties of Michigan to declare the same conviction. Chairperson, I move the adoption of the foregoing resolution. John P. Garfield The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97026 BY: John P. Garfield, County Commissioner, District #9 IN RE: (SUPPORT) - GASOLINE TAX INCREASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS good roads are vital for the commercial viability, tourism, economic well-being, safety, and quality of life in Oakland County; and WHEREAS Oakland County=s Road Commission and community have over 5,000 miles of road to maintain, plus 310 miles of state highway under contract; and WHEREAS the above factors are being jeopardized due to deteriorating pavement conditions, a climbing accident rate, increasing traffic volumes and congestion, and a failure of the legislature to adequately fund road maintenance and improvement projects; and WHEREAS Michigan has ranked in the bottom 10 states for over 30 years of Commissioners Minutes Continued. February 13, 1997 35 road funding, to the point where Michigan ranks 49th in per capita spending on roads, and 50th in spending per thousand miles of travel; and WHEREAS it has been over 14 years since the legislature in Michigan voted to increase its 15 cent gas tax, when only 5 states have a lower rate, and the dollar amount generated declines every year on a per vehicle basis as newer cars get increasingly better gas mileage; and WHEREAS Oakland County receives back less than it generates each year in fuel taxes, and thus, is a major donor county to the rest of the state; and WHEREAS Oakland County suffers from inadequate federal fund allocations because, firstly, Michigan is a donor state to the rest of the nation; secondly, because the state does not spend a fair share of its federal funds in Oakland County; and thirdly, because the state Department of Transportation last year deviated from its traditionally accepted sharing of federal ISTEA funds by keeping most of the local portion to fund three expensive state projects; and WHEREAS the concept of dedicated fuel and registration fees represents the most equitable way to address both road maintenance and the $1.5 billion backlog of road improvement needs in Oakland County, the postponement of which threatens our economic growth and vitality; and WHEREAS current law has for decades stipulated a fair and accepted distribution of state fuel taxes which should be continued, but is under attack by those seeking to direct up to 70% of new state road revenues, and up to 90% of all federal resources to the state Department of Transportation; and WHEREAS earlier proposals of 5 cents and 7 cents would have allowed local road agencies to barely keep pace with road repairs and inflation, but not to fund the backlog of road improvement needs; and WHEREAS legislative proposals to increase funding of the Michigan Transportation Fund, by addressing gas and diesel taxes as well as other mechanisms, are being considered this year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports and encourages efforts of its state legislators to adopt and implement a road repair and improvement bill to be phased in as follows: 5 cents on April 1, 1997; 3 cents on January 1, 1998; and 2 cents on January 1, 1999. BE IT FURTHER RESOLVED that this Board recognizes that even a 10 cents per gallon tax increase must be dedicated to resurfacing deficient road surfaces through Fiscal Year 2005 before the Road Commission is able to use it for road upgrades and congestion relief. BE IT FURTHER RESOLVED that this Board strongly supports any change in the road distribution formula that would reduce the disparity between what Oakland County contributes versus what it receives from state funds, due to decades of Oakland being a donor county to the other counties and the State. BE IT FURTHER RESOLVED that this Board opposes any legislative effort to increase the state share of road funds by dedicating portions of the revenues Aoff the top@, or prior to use of the distribution formula for any special fund, purpose, agency, or cause, for any period of time, as that would erode the local road funds and destroy decades of equitable funding arrangements and inter-agency cooperation. BE IT FURTHER RESOLVED that this Board supports continued application of the 75%-25% principle of federal aid sharing between the State and its local road agencies. BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all Oakland County State Legislators, the County=s Legislative Agents, and the Michigan Association of Counties. Chairperson, I move the adoption of the foregoing resolution. Donna R. Huntoon, Nancy L. Dingeldey, Gilda Z. Jacobs, Fran Amos, Sue Ann Douglas, Frank Millard, Eugene Kaczmar, Lawrence Pernick, Eric Coleman, John P. Garfield, Dennis N. Powers The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97027 Commissioners Minutes Continued. February 13, 1997 36 BY: Commissioners John P. Garfield, District 9; David L. Moffitt, District 18 IN RE: DESIGNATION OF APRIL 24, 1997 AS ARMENIAN MARTYR=S DAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1915, the Ottoman Turkish Empire undertook a brutal, genocidal campaign of hatred against the people of Armenian descent in that Empire; and WHEREAS this attempted genocide claimed the lives of nearly 1.5 million Armenians; and WHEREAS the survivors of this massacre were forced from their homeland and scattered around the world; and WHEREAS some 30,000 people of Armenian descent now reside in Southeast Michigan; and WHEREAS April 24, 1997 has been designated by community and religious leaders as Armenian Martyr=s Day, a day of Memorial observance; and WHEREAS the Oakland County Board of Commissioners desires to join in this observance to commemorate the victims of these crimes against humanity and express our desire that these horrors are never forgotten. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby declare April 24, 1997, and each subsequent anniversary, in perpetuity, to be Armenian Martyr=s Day in Oakland County. Chairperson, I move the adoption of the foregoing resolution. John P. Garfield, David L. Moffitt The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97028 BY: Commissioner Lawrence A. Obrecht IN RE: SHERIFF=S DEPARTMENT To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS in 1995 and 1996 the Sheriff=s Marine Division provided between 23,000-24,000 hours of manpower to meet the needs of the recreational users of our lakes and trails; and WHEREAS the 1996/1997 Budget reflects funding for only 15,000 hours for the marine division (including both snowmobile safety and boating safety and patrol); and WHEREAS recreation in Oakland County is a major component of our local economy, and is enjoyed by thousands of our citizens year round; and WHEREAS to maintain the level of service provided last year, minimally, an additional 10,000 hours of service from the Sheriff=s Marine Division is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish the Sheriff=>s snowmobile and boating safety program at the 1995/1996 level. Chairperson, I move the adoption of the foregoing resolution. Lawrence A. Obrecht The Vice Chairperson referred the resolution to the Public Services Committee and the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97029 BY: Lawrence A. Obrecht, County Commissioner, District #3 IN RE: SUPPORT THE ACQUISITION OF THE POLLY ANN RAIL CORRIDOR FOR USE AS A RECREATIONAL TRAIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the northern townships of Oakland County have prioritized protecting and maintaining open space and outdoor recreational facilities as major goals; and WHEREAS the Paint Creek Trail, encompassing both these objectives, has met with great success; and WHEREAS an opportunity now exists for the M.D.N.R. to acquire the old rail corridor known as the Polly Ann; and WHEREAS this extension can provide up to an additional 44 miles of Commissioners Minutes Continued. February 13, 1997 37 continuous bike, hiking and horse riding trail; and WHEREAS this trail would connect the communities of Rochester, Rochester Hills, Orion Township, the Village of Lake Orion, Oxford Township, the Village of Oxford, Addison Township, and the Village of Leonard all within the County of Oakland; and WHEREAS this trail would extend into Lapeer County thereby connecting additional communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is in support of the M.D.N.R. acquiring the Polly Ann rail corridor for the purpose of its use as a recreational trail. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Department of Natural Resources, Oakland County Parks, Lapeer County Parks, and Rails to Trails Conservancy. Chairperson, I move the adoption of the foregoing resolution. Lawrence A. Obrecht The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the Vice Chairperson made the following referrals: FINANCE AND PERSONNEL COMMITTEE a. Michigan Family Independence Agency - Cooperative Reimbursement Friend of the Court GENERAL GOVERNMENT COMMITTEE a. Antrim County Board of Commissioners - (Support) Friends of the Jordan River Valley b. Midland County Board of Commissioners - Legislation Reducing and Eliminating Personal Property Tax c. Michigan Family Independence Agency - Cooperative Reimbursement Friend of the Court AUDIT a. Michigan Family Independence Agency - Cooperative Reimbursement Friend of the Court OTHERS Management and Budget a. Equalization - Ind. Fac. Ex., New Bright Industries, City of Wixom There were no objections to the referrals. The meeting adjourned at 10:56 A.M. to the Call of the Chair or March 6, 1997 at 9:30 A.M. G. WILLIAM CADDELL RUTH JOHNSON Deputy County Clerk Vice Chairperson