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HomeMy WebLinkAboutMinutes - 1997.07.31 - 8233 255 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 31, 1997 Meeting called to order by Chairperson John McCulloch at 10:02 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, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (25) ABSENT: None. (0) Quorum present. Invocation given by Commissioner Gilda Jacobs. Pledge of Allegiance to the Flag. Moved by Wolf supported by Powers the minutes of the July 17, 1997 Board meeting be approved. Commissioner John Garfield requested the minutes of the July 17, 1997 Board meeting be corrected on page 243 to show his AAYE@ vote on the roll call vote for Miscellaneous Resolution #97151. A sufficient majority having voted therefor, the minutes were approved, as corrected. Moved by Wolf supported by Jensen the rules be suspended and the agenda be amended, as follows: ITEM ON PRINTED AGENDA FINANCE AND PERSONNEL COMMITTEE 256 b. Facilities Management/Facilities Engineering - Award of Contracts - Medical Examiner=s Facility Construction (Reason for suspension of Finance and Personnel Committee item b: Waiver of Rule III - Agenda Items (5 Day Rule) and Rule XII - Direct Referral to Finance/Personnel) The Chairperson requested a Public Hearing be added to the agenda just before Public Comment, so as to comply with federal legal requirements in capturing the Local Law Enforcement Block Grant funding. AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Chairperson John McCulloch along with Commissioner Kay Schmid, presented a proclamation to Brent Bair, accepting on behalf of the Road Commission for Oakland County, for providing needed services to our community and making the Davisburg facility available to the Red Cross as a temporary staging area for local storm victims. The Oakland County Board of Commissioners extended heartfelt appreciation to the workers and volunteers whose noble efforts exemplify the spirit of caring. Commissioners Kay Schmid, Donn Wolf, Dennis Powers and Eugene Kaczmar along with Chairperson John McCulloch, presented a proclamation to Dave VanderVeen, Director of Oakland County=s Department of Central Services, Karl Randall, Airport Manager and Patricia Schull, Supervisor of Airport Administrative Services, extending heartfelt appreciation to the dedicated Airport staff for their hospitality and commended their diligent efforts to ensure that the Oakland County International Airport continues to provide quality services to southeast Michigan and Oakland County. The Chairperson made the following statement: AA Public Hearing is now called on the Fiscal Year 1997 Local Law Enforcement Block Grant. Are there any persons present who wish to speak?@ No one requested to speak and the Chairperson declared the Public Hearing closed. MISCELLANEOUS RESOLUTION #97157 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER - D.D.A./T.I.F.A./L.D.F.A. POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #90144 authorized the County Treasurer to represent the County=s interest with Downtown Development Authorities (D.D.A.), Tax Increment Finance Commissioners Minutes Continued. July 31, 1997 257 Authorities (T.I.F.A.) and Local Development Finance Authorities (L.D.F.A.); and WHEREAS recent changes in the General Property Tax Law have made it necessary to better define the County=s position related to the capture of County tax dollars. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requires the capture and return of County taxes be the same as the capture and return of the lowest level of participation of other jurisdictions= taxes in each Downtown Development Authority (D.D.A.), Tax Increment Finance Authority (T.I.F.A.) and Local Development Finance Authority (L.D.F.A.). BE IT FURTHER RESOLVED that exceptions to the policy may be granted upon a majority vote of the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that a copy of this resolution be sent to all Downtown Development Authorities (D.D.A.), Tax Increment Finance Authorities (T.I.F.A.) and Local Development Finance Authorities (L.D.F.A.). 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 Jensen the resolution be adopted. Moved by Garfield supported by Devine the resolution be amended by deleting the first BE IT FURTHER RESOLVED paragraph. Discussion followed. Vote on amendment: AYES: Devine, Garfield, Powers. (3) NAYS: Coleman, Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Schmid, Taub, Wolf, Amos. (22) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Devine, Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman. (23) NAYS: Garfield. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97158 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. July 31, 1997 258 IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACTS - MEDICAL EXAMINER=S FACILITY CONSTRUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #96167 approved the pre-design consultant services and Miscellaneous Resolution #96274 approved the design services for the construction of a new Medical Examiner=s Facility; and WHEREAS on May 13, 1997, the Planning and Building Committee approved the County Executive's Facilities Engineering Division to advertise and receive bids to construct the new Medical Examiner=s Facility; and WHEREAS in the interest of obtaining the highest quality work, the contract was split into two parts: 1) Chiller/Condenser Contract, 2) General Contract; and WHEREAS in accordance with bidding procedures, bids for each of these contracts were received and opened by Facilities Engineering on June 23, 1997 and July 9, 1997 respectively; and WHEREAS the Facilities Engineering Division staff and consultants has reviewed all bids submitted and recommends that the lowest responsible bidder, Trane Company of St. Paul, Minnesota be awarded the Chiller/Condenser Contract in the amount of $264,000 and LaSalle Group of Canton, Michigan be awarded the General Contract in the amount of $6,893,430; and WHEREAS the total project cost for the 1997 Medical Examiner=s Facility is estimated to be $10,200,000 which includes contingency amounts; and WHEREAS remaining project costs included in the total project cost of $10,200,000, such as furniture, landscaping, and other miscellaneous costs will be bid through approved Purchasing Division procedures; and WHEREAS funding is available in the Designated Fund Balance for the Medical Examiner=s Building (#1-10100-492-066), and the 1998 Capital Improvement Program with $625,670 previously transferred for design services. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The Chiller/Condenser Contract proposal of Trane Company, in the amount of $264,000 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 2) The General Contract proposal of LaSalle Group, in the amount of $6,893,430 be accepted and the contract awarded in concurrence with Planning and Building Committee recommendations. 3) Funds be provided in the amount of $2,416,900 to cover the remaining project costs including Contingency. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with both Trane Company of St. Paul, Minnesota and LaSalle Group of Canton, Michigan, on behalf of the County of Oakland. 5) The County Executive's Department of Facilities Management, Facilities Engineering Division, shall notify the selected vendors of this award, in writing, no later than 10 days after adoption of this resolution. The award will not be effective until the selected vendor has been notified. Commissioners Minutes Continued. July 31, 1997 259 6) Funds in the amount of $5,000,000 be transferred, in Fiscal Year 1997, from the Designated Fund Balance for the Medical Examiner=s Building (#1-10100-492-066) to the Capital Improvement Fund (40100), and then to the Major Project Fund (40600) to establish the 1997 Medical Examiner Facility project. 7) The remain funds to cover the project cost in Fiscal Year 1998 have been included in the Fiscal Year 1998 County Executive=s Recommended Budget and Capital Improvement Plan. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE REPORT (Misc. #97158) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: AWARD OF CONTRACTS FOR MEDICAL EXAMINER FACILITY CONSTRUCTION To the Oakland County Finance and Personnel Committee Chairperson, Ladies and Gentlemen: The 1997 Capital Improvement Program identifies the intent of the County to construct a new Medical Examiner Facility which will be outfitted to meet the current and foreseeable space and equipment needs for the next 15 to 20 years. The project was advertised and bids received for both a Chiller/Condenser Contract and a General Construction Contract. The Planning and Building Committee having reviewed the bids and the Facilities Management Report dated July 22, 1997, recommends the County enter into contracts with the Trane Company in the amount of $264,000 for the Chiller/Condenser installation; and with the LaSalle Group, Inc. in the amount of $6,893,430 for the General Construction Contract. The Committee further recommends funding the total project cost of $10,200,000 including contingency, be approved. The Planning and Building Committee supports the attached Finance and Personnel Committee resolution. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Obrecht the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Obrecht the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. July 31, 1997 260 MISCELLANEOUS RESOLUTION #97159 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - THREE (3) YEAR (1997-1999) LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW (PUBLIC HEALTH SANITARIANS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of America, have been negotiating a contract covering approximately forty- six (46) Public Health Sanitarians; and WHEREAS a three (3) year agreement has been reached for the period of January 1, 1997 through December 31, 1999; and WHEREAS the agreement includes a 3.5% salary increase for 1997, and a Ame too@ with general non-represented employees for 1998 and Fiscal Year 1999; and WHEREAS the amount of increase for Fiscal Year 1997 (9 months) equals $61,919, of which $55,838 is for salaries and $6,081 is for fringe benefits; and WHEREAS funds have been included in the Fiscal Year 1997 Health Division budget to cover this increase; no additional appropriation is required; and WHEREAS the Fiscal Year 1998 and Fiscal Year 1999 budget will be adjusted to coincide with any salary and fringe benefit changes approved for non-represented employees; and WHEREAS the agreement has been reviewed by your Finance and Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of America, is approved. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, on behalf of the County of Oakland, is authorized to execute the said agreement, a copy of which is attached hereto. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of Agreement on file in County Clerk=s office. Moved by Douglas supported by Kaczmar the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. July 31, 1997 261 MISCELLANEOUS RESOLUTION #97160 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - AMENDMENT TO BUSINESS EXPENSE REIMBURSEMENT REGULATIONS REGARDING COUNTY- OWNED CELLULAR TELEPHONES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #96275 dated December 12, 1996, the Oakland County Board of Commissioners adopted a single policy document pertaining to Business Expense Reimbursement Regulations, including Section IV regarding reimbursement of expenses for privately-owned cellular telephones; and WHEREAS the Business Expense Reimbursement Regulations need to be amended to include procedures regarding County-owned cellular telephones; and WHEREAS the Department of Management and Budget, in conjunction with the Department of Facilities Management - Telephone Communications Unit and user departments, has prepared an attached amendment to the Business Expense Reimbursement Regulations incorporating the use of County-owned cellular telephones; and WHEREAS the County Executive recommends adoption of the proposed amendment, thereby ensuring proper management of this important communications resource in the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached amendment to the Business Expense Reimbursement Regulations regarding County-owned cellular telephones. BE IT FURTHER RESOLVED that the attached amended regulations supersede all other resolutions and practices related to regulation of cellular telephones. Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of amended regulations on file in County Clerk=s office. Moved by Douglas supported by Law the resolution be adopted. AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas. (24) NAYS: Devine. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97161 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS - TWO-YEAR EXTENSION OF AUDIT CONTRACT WITH KPMG PEAT MARWICK Commissioners Minutes Continued. July 31, 1997 262 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS per Miscellaneous Resolution #92161, KPMG Peat Marwick was awarded the audit contract for the years 1992 through 1996; and WHEREAS per Miscellaneous Resolution #96238, KPMG Peat Marwick, was chosen by the Human Resource and Financial Information System Selection Committee as prime contractor and solution provider for implementation of the new Human Resource and Financial Information (HRFIS) System; and WHEREAS the new HRFIS system is not expected to be fully operational until September 30, 1998; and WHEREAS with the County=s new fiscal year beginning on October 1, 1997, selection of another auditor at this time would adversely impact the start of an audit and its timely completion; and WHEREAS because of Peat Marwick=s involvement with implementation of the HRFIS and their considerable familiarity with the County=s operations and audit process, Management and Budget is recommending a two-year extension of the Audit Contract with Peat Marwick. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves a two-year extension of the audit contract with the firm of KPMG Peat Marwick for the years 1997 and 1998. BE IT FURTHER RESOLVED that a Request for Proposal be developed and bid in accordance with adopted County Purchasing procedures six months prior to the completion of this contract extension. BE IT FURTHER RESOLVED that the contract amount not exceed $157,400 and $162,200 for Fiscal Years 1998 and 1999, respectively, reflecting only an inflationary adjustment of 3% annually over the current contract. Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Holbert the resolution be adopted. AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97152 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL EXAMINER - ADJUSTMENT TO THE MEDICAL EXAMINER DIVISION FEE SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. July 31, 1997 263 WHEREAS the Public Services Committee has reviewed the fee schedule for certain Medical Examiner services; and WHEREAS fees have not been reviewed since 1991; and WHEREAS it is indicated certain fees should be adjusted upward at this time; and WHEREAS certain other fees are recommended to be established; and WHEREAS the recommendations for certain Medical Examiner fees are listed on attached Schedule A. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed adjustments and additions to the Medical Examiner Division fee schedule, as detailed on the attached Schedule A, effective immediately. BE IT FURTHER RESOLVED that the Medical Examiner Division=s established Fee Schedule be reviewed periodically by the Public Services Committee. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A on file in County Clerk=s office. FISCAL NOTE (Misc. #97152) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL EXAMINER - ADJUSTMENT TO THE MEDICAL EXAMINER DIVISION FEE SCHEDULE 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-referred resolution and finds: 1) The Medical Examiner=s fees have not been reviewed since 1991 and an adjustment upward in the fee schedule is requested. 2) The recommended fee adjustments are listed on the attached schedule. 3) It is anticipated that the Medical Examiner=s revenue will increase by approximately 25% ($4,500) for the Fiscal Year 1998 and Fiscal Year 1999. 4) It is requested that the fee schedule be effective immediately. 5) It is further recommended that the Fiscal Year 1998 and Fiscal Year 1999 Executive Recommendation be revised during the Budget Hearings to include the additional revenue projected per the new fee schedule. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Jacobs the resolution be adopted. Moved by Powers supported by Garfield the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by adding the following sentence at the end of the paragraph: This increase does not apply to the decedents whose domicile was Oakland County. Commissioners Minutes Continued. July 31, 1997 264 Discussion followed. The Chairperson stated a AYES@ vote supports the amendment; a ANO@ vote does not. AYES: Jensen, Johnson, Kingzett, Moffitt, Powers, Wolf, Devine, Garfield. (8) NAYS: Huntoon, Jacobs, Kaczmar, Law, McCulloch, McPherson, Millard, Obrecht, Palmer, Pernick, Schmid, Taub, Amos, Coleman, Dingeldey, Douglas. (16) A sufficient majority not having voted therefor, the amendment failed. Moved by Coleman supported by Kingzett the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by inserting language, so the paragraph reads as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed adjustments and additions to the Medical Examiner Division fee schedule, as detailed on the attached Schedule A, per State of Michigan Statute, MCL 52,. 111, Public Act 1953 of 181, as amended by Public Act 1969 No. 92, effective immediately. Moved by Devine supported by Kingzett to postpone action until the August 14, 1997 Board meeting. Discussion followed. The Chairperson stated a AYES@ vote will postpone action; a ANO@ vote will not postpone. Vote on postponement: AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Wolf, Coleman, Devine, Garfield, Holbert. (18) NAYS: Millard, Pernick, Taub, Amos, Dingeldey, Douglas, Huntoon. (7) A sufficient majority having voted therefor, the motion carried and action on Resolution #97152 was postponed until the August 14, 1997 Board meeting. MISCELLANEOUS RESOLUTION #97153 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS TO THE HEALTH DIVISION FEE SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Public Services Committee has reviewed the fee schedule for certain personal health and environmental health services; and WHEREAS these fees have not been reviewed since 1993; and WHEREAS it is indicated certain fees should be adjusted upward at this time; and Commissioners Minutes Continued. July 31, 1997 265 WHEREAS certain other fees are recommended to be established; and WHEREAS certain environmental health activities benefit the public, as well as the individual person or firm being regulated; and WHEREAS a percentage of benefit was established by the Board of Commissioners (Miscellaneous Resolution #82369) to be applied to these fees; and WHEREAS the recommended fees for the following environmental health services are listed on attached Schedule A; and WHEREAS the recommended fees for certain personal health services are listed on attached Schedule B; and WHEREAS an Oakland County resident seeking personal health care is never denied service based upon an inability to pay. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the adjustments and additions to the Health Division fee schedule, as detailed on the attached schedules, effective immediately. BE IT FURTHER RESOLVED that the Health Division's established fee schedule be reviewed every three years by the Public Services Committee. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedules A and B on file in County Clerk=s office. FISCAL NOTE (Misc. #97153) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADJUSTMENTS TO THE DIVISION FEE SCHEDULE 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-referred resolution and finds: 1) The Health Division=s fees have not been reviewed since 1993 and an adjustment upward in the fee schedule is requested. 2) The recommended fee adjustments for certain Environmental Health Fees are listed on Schedule A and certain Personal Health Services are listed on Schedule B per the attached detail. 3) It is requested that the fee schedule be effective immediately. No budget amendments are recommended for Fiscal Year 1997, due to the fact that only two (2) months remain in that fiscal year. 4) It is anticipated that the Health Division=s revenue and expenditures for Fiscal Year 1998 and Fiscal Year 1999 will increase as follows: Commissioners Minutes Continued. July 31, 1997 266 Revenue 3-22100-162-34-00-2194 Hepatitis B Vaccine $118,000 3-22100-162-20-00-2144 Food Services Licenses 46,000 3-22100-162-20-00-2364 On-Site Sewage Permits 24,000 $188,000 Expenditure 4-22100-162-34-00-4968 Vaccines $118,000 4-10100-909-01-00-9900 Contingency 70,000 $188,000 5) It is further recommended that the Fiscal Year 1998 and Fiscal Year 1999 Executive Recommendation be revised during the Budget Hearings to include the additional revenue projected per the new fee schedule. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Douglas the resolution be adopted. Moved by Palmer supported by Douglas the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by striking the word Aimmediately@ and inserting Awhen the Health Division=s rules and procedures for the administration of these services be presented for approval by the Board of Commissioners.@ A sufficient majority having voted therefor, the amendment carried. Discussion followed. Moved by Palmer supported by Powers to amend Schedule A to leave the fee unchanged (not increasing) for the following: * Appeals and other requests before the Sanitary Code Appeal Board (also Foodservice); * Special Sanitary Code Appeal Board meeting; * Sanitary Code Appeal Board fee for on-site inspection. Discussion followed. Moved by Kingzett supported by Douglas to postpone action on the resolution until the August 14, 1997 Board meeting. Commissioner Schmid wanted to clarify that the resolution, as amended, would be brought back. The Chairperson verified that the amendment was now part of the resolution. Discussion followed. The Chairperson stated a AYES@ vote would postpone action; a ANO@ vote would not postpone. Vote on postponement: Commissioners Minutes Continued. July 31, 1997 267 AYES: Johnson, Kaczmar, Kingzett, Obrecht, Palmer, Powers, Schmid, Wolf, Devine, Garfield, Holbert. (11) NAYS: Jensen, Law, McCulloch, McPherson, Millard, Pernick, Taub, Amos, Coleman, Dingeldey, Douglas, Huntoon, Jacobs. (13) A sufficient majority not having voted therefor, the motion to postpone failed. The Chairperson stated a AYES@ vote would leave the fees unchanged; a ANO@ would increase the fees. Vote on Palmer=s amendment: AYES: Johnson, Moffitt, Palmer, Powers, Wolf, Devine, Douglas, Garfield. (8) NAYS: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Obrecht, Pernick, Schmid, Taub, Amos, Coleman, Dingeldey, Holbert, Huntoon, Jacobs, Jensen. (17) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution, as amended: AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Obrecht, Palmer, Pernick, Taub, Amos, Coleman, Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen. (18) NAYS: Moffitt, Powers, Schmid, Wolf, Devine, Garfield, Johnson. (7) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #97162 BY: Commissioner Nancy Dingeldey IN RE: BOARD OF COMMISSIONERS - SUPPORT SENATE BILL 981 - REGULATORY IMPROVEMENT ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Senator Fred Thompson and Senator Carl Levin are engaged in a bipartisan effort to improve the Federal rulemaking process with the introduction of Senate Bill 981 - the Regulatory Improvement Act of 1997; and WHEREAS this legislation would ensure that Federal agencies make rational and transparent regulatory decisions, mindful of the burdens faced by State and local governments; and WHEREAS the Regulatory Improvement Act promotes the public=s right to know how and why agencies make regulatory decisions and provides public access to regulatory decisions and analyses; and Commissioners Minutes Continued. July 31, 1997 268 WHEREAS this legislation requires that Federal agencies consider and disclose the benefits, as well as, burdens of major rules including rules adversely affecting state, local or tribal governments; and WHEREAS the Regulatory Improvement Act would improve the quality of government decisions by having Federal agencies conduct independent peer reviews of scientific and economic information utilized in risk assessment and cost-benefit analyses related to major rules; and WHEREAS the Regulatory Improvement Act would increase government accountability by requiring Federal agencies to explain any legal impediment or other factor hindering them from issuing cost-effective rules and this act formalizes the role of the Office of Management and Budget in the regulatory review process and requires the disclosure of outside contacts with the OMB during its review. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support Senate Bill 981 - The Regulatory Improvement Act of 1997 and its efforts to improve the quality of government decision making by making agency regulations more open, cost-effective and accountable to the people it serves. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the nation=s leaders to support this legislation which will address our burdensome regulatory system and deters the promulgation of unnecessarily regulation which interferes in the lives of people and the efficient operation of businesses and state and local units of government. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Oakland County legislators, the Governor, the Michigan Association of Counties, and to Oakland County=s legislative agents. Chairperson, I move the adoption of the foregoing resolution. Nancy Dingeldey, District #11 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97163 BY: Shelley Taub, District #12; Jeff Kingzett, District #7; Fran Amos, District #5; Dennis Powers, District #10; Don Jensen, District #15; JoAnne Holbert, District #6 IN RE: BOARD OF COMMISSIONERS - OPPOSE THE LOCATION OF A JUVENILE PRISON AT FAIRLAWN CENTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has been very forthright in its announced efforts to create detention centers for adjudicated youth, however the process for establishing locations for such facilities is less public, and Oakland County and impacted communities have not been consulted or given an opportunity for discussion or review of such proposed location sites; and WHEREAS in selecting Fairlawn Center as such a site location for an adjudicated youth facility, there have been no public announcements and no opportunity for open discussion between local government agencies and the State, and the State is proceeding without regard to citizen input and concerns; and Commissioners Minutes Continued. July 31, 1997 269 WHEREAS within two miles of Fairlawn Center, Oakland County maintains a juvenile detention facility for Oakland County youth, and the addition of another for out-county youth, when coupled with the Oakland County jail, which is in even closer proximity, over-saturates the retail commercial enterprises in the immediate vicinity with correctional facilities; and WHEREAS with the possible closing of the Clinton Valley Center, Oakland County is in desperate need of a facility to treat persons with mental illness, a use for which Fairlawn Center was designed, and in fact, was expanded with the financial donations of Oakand County citizens. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State Legislature to disallow the Family Independence Agency=s selection of the Fairlawn Center in Pontiac as a site for an FIA Adjudicated Youth Facility until such time as the State has conducted public hearings, allowing both the citizens and the local governments to be heard on this prison site location. BE IT FURTHER RESOLVED that the Board of Commissioners once again implores the State of Michigan to allow the Oakland County Community Mental Health Board to utilize the Fairlawn Center as a desperately needed treatment facility for persons with mental illness. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Oakland County Legislators, the State Director of Community Health, the Oakland County FIA Board and to the county's legislative agents. Chairperson, we move the adoption of the foregoing resolution. Jeff Kingzett, Shelley G. Taub, Fran Amos, Dennis Powers, Don Jensen, JoAnne Holbert The Chairperson referred the resolution to the Public Services Committee and the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97164 BY: Dan Devine, Jr., Commissioner, District 14 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY ORDINANCE PROHIBITING CASINO GAMING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS two sites within Oakland County are being considered by separate entities for the development of casino gaming; and WHEREAS the economic developmental benefits of casino gaming in Oakland County are outweighed by the financial and societal detriments. NOW THEREFORE BE IT RESOLVED that an Oakland County ordinance is established prohibiting individuals from operating or participating in casino gaming in Oakland County. BE IT FURTHER RESOLVED that violation of said ordinance shall subject the violator to punishment of 90 days in jail and/or $1,000.00 in fines for each violation thereof. Dan Devine, Jr., District 14 Chairperson, I move adoption of the foregoing resolution. Commissioners Minutes Continued. July 31, 1997 270 The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: GENERAL GOVERNMENT a. South Lyon Police - 52-1st District Court Additional Staffing Support b. Turning Point Recovery Center - 52-1st District Court Additional Staffing Support c. Catholic Social Services of Washtenaw County - 52-1st District Court Additional Staffing Support d. Catholic Services of Macomb - 52-1st District Court Additional Staffing Support e. Oakland Schools - 52-1st District Court Additional Staffing Support f. City of Wixom - 52-1st District Court Additional Staffing Support g. First Step - 52-1st District Court Additional Staffing Support OTHERS Retirement Board a. Invoice from MacDonald and Goren, P.C. - Fees for Analysis of 1997 Defined Benefit Retiree Increase There were no objections to the referrals. The meeting adjourned at 11:20 A.M. to the call of the Chair or August 14, 1997 at 9:30 A.M. G. WILLIAM CADDELL JOHN McCULLOCH Deputy Clerk Chairperson