HomeMy WebLinkAboutMinutes - 1997.02.13 - 8224
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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