HomeMy WebLinkAboutMinutes - 1997.09.25 - 8236
305
OAKLAND COUNTY
BOARD OF COMMISSIONERS MINUTES
September 25, 1997
Meeting called to order by Chairperson John McCulloch at 10:40 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 Thomas Law.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Powers the minutes of the September 11, 1997
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Dingeldey the rules be suspended and the agenda
be amended, as follows:
ITEMS ON PRINTED AGENDA
FINANCE AND PERSONNEL COMMITTEE
c. Community Development Division - Budget Amendments
(Reason for suspension for Finance and Personnel Committee, item c: Waiver of
Rule XII - did not go to Liaison Committee (Planning and Building))
GENERAL GOVERNMENT COMMITTEE
b. Circuit Court/Friend of the Court - Fiscal Year 1998 Cooperative
Reimbursement Program (CRP) Contract Acceptance
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner - 1997 Drain Maintenance Assessments
b. Drain Commissioner - 1997 Lake Level Assessments for Operation and
Maintenance
PUBLIC SERVICES COMMITTEE
e. Prosecuting Attorney - Application and Acceptance of the 1998
Cooperative Reimbursement Program Agreement
f. Prosecuting Attorney - Creation of One (1) Gov Victim Services
Supervisor Position and Related Personnel Actions
(Reason for suspension for General Government Committee, item b, Planning and
Building Committee, items a and b and Public Services Committee, items e and f:
Waiver of Rule XII - Direct Referral to Finance and Personnel Committee)
ITEMS NOT ON PRINTED AGENDA
FINANCE AND PERSONNEL COMMITTEE
g. Oakland County Board of Commissioners - Legal Expense
Commissioners Minutes Continued. September 25, 1997
306
PUBLIC SERVICES COMMITTEE
i. Community Mental Health - Extension of Training and Treatment
Innovations, Inc. (TTI) Contracts
(Reason for suspension for Finance and Personnel Committee, item g and Public
Services Committee, item i: Waiver of Rule III and Rule IX)
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. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
The Clerk read a communication from County Executive L. Brooks Patterson
requesting confirmation of his reappointment of Fred Seeley to the Board of
Directors of the Economic Development Corporation of Oakland County. The
appointment will be for a six year term ending in the year 2003. There being no
objections, the appointment was confirmed.
The Clerk read a communication from Chairperson John P. McCulloch
requesting confirmation of his appointment of the following individuals to the
Jail Task Force:
Chief Circuit Judge - Judge Edward Sosnick
52nd District Judge Designee - Judge Dennis Drury
Oakland County Sheriff=s Designee - Ann Russell
Oakland County Prosecutor=s Designee - John O=Brien
Public Services Committee Designee - Frank Millard
Planning and Building Committee Designee - Donna Huntoon
Finance and Personnel Committee Designee - Eric Coleman
Strategic Planning Committee Designee - Nancy Dingeldey
General Government Committee Designee - Gilda Jacobs
Director of Management and Budget - Robert Daddow
Director of Facilities and Operations - Dave Ross
Chief Probation Officer - Kenneth Aud
Manager of Community Corrections - George Miller
Director of Personnel Designee - Nancy Scarlet
Commissioner Frank Millard will Chair the Jail Task Force. There being no
objections, the appointments were confirmed.
The Clerk read a communication from the City of Southfield Administrator
Robert R. Block to Chairperson John P. McCulloch respectfully requesting that the
City of Southfield be considered for funding in the amount of $2,000,000 to
assist in the development of the infrastructure to support the American Commerce
Centre. Copy of project summary and marketing brochure on file in the County
Clerk=s office. The original project summary and marketing packet was forwarded
to Jeffrey Kaczmarek, Director of Community and Economic Development.
The Chairperson made the following statement: AA Public Hearing is now
called on the 1998-1999 Oakland County Budget and General Appropriations Act.
Are there any persons present who wish to speak?@ Bill McMaster and Frank
Cardimen addressed the Board. No other persons requested to speak and the
Chairperson declared the Public Hearing closed.
The following people addressed the Board: Bill McMaster, Sandy Crockett,
Kelly leRoux, Nancy Barnes, Susan McKenna, Wendy Taggart, Hope Cummins, Don
Vainer, Joan Rolick, Joe Erwin, Carol Vainer, Elmer Cerano, Flora Sanderson and
Commissioner Dan Devine.
Commissioners Minutes Continued. September 25, 1997
307
MISCELLANEOUS RESOLUTION #97190
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: FISCAL YEAR 1998 GENERAL APPROPRIATIONS ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as
amended by Public Act 100 of 1980), the Unified Form of County Government Act,
and Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local
Government, it is the responsibility of the Oakland County Board of Commissioners
to establish and adopt the annual County Budget and work program; and
WHEREAS the Finance and Personnel Committee received budget requests from
all County departments, and has reviewed in detail the County Executive's Fiscal
Year 1998 Budget Recommendation; and
WHEREAS the Finance and Personnel Committee, after due deliberation, has
formulated a Recommended General Appropriations Act balancing total
appropriations with available resources at $554,955,032 for Fiscal Year 1998, a
summary of which was included in the Notice of Public Hearing published in
newspapers of general circulation; and
WHEREAS the further intent of this resolution is to maintain a budgetary
system for the County of Oakland on the same basis of accounting (generally
accepted accounting principles) as the actual financial information is
maintained; to define the powers and duties of the County's officers in relation
to that system; to designate the Chief Administrative Officer and Fiscal Officer;
and to provide that the Board of Commissioners and committees thereof, as well as
the Fiscal Officer, shall be furnished with information by the departments,
boards, commissions and offices relating to their financial needs, revenues and
expenditures/expenses, and general affairs; to prescribe a disbursement
procedure, to provide for an allotment system; and to provide remedies for
refusal or neglect to comply with the requirements of this resolution; and
WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177)
is used to cover the total cost of Attorney Mediators, with the balance to be
used for enhancement of Court operations as requested by the Court and approved
by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does
hereby adopt and amend the Fiscal Year 1998 General Appropriations Act
recommended by the Finance and Personnel Committee as advertised and placed in
the Clerk's Office for public inspection.
BE IT FURTHER RESOLVED that $850,000 of Cigarette Tax Revenue distributed
by the State to Oakland County under the authority of the Health and Safety Fund
Act, Public Act 264 of 1987, be divided between the Health Division (11/17 or
$550,000) and the Sheriff's Department (6/17 or $300,000).
BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (1-
10100-201-011) be utilized to cover the total costs incurred in Fiscal Year 1998
for the Civil Mediation Program.
BE IT FURTHER RESOLVED that Road Improvement Funds may be released to the
Road Commission upon approval of the specific projects by the General Government
Committee of the Board of Commissioners.
BE IT FURTHER RESOLVED that the following policy be established regarding
administration of the Delinquent Tax Revolving Fund:
1. The Delinquent Tax Revolving Fund (DTRF) was established in
accordance with the provisions of Public Act 206 of 1893 (as
amended) for the purpose of paying local taxing units within the
County their respective shares of delinquent ad valorem real
property taxes, in anticipation of the collection of those taxes by
the County Treasurer. This policy statement, which encompasses the
precept of self-funding, ensures that utilization of unrestricted
DTRF funds does not impair the functional intent or operational
success of the DTRF as originally established.
2. To that end, at no time shall funds be diverted from the DTRF that
would cause the unrestricted balance to fall below a level that
would assure a prompt payment of all current and future outstanding
General Obligation Limited Tax Notes, as well as assure the
continued operation of the DTRF as specified in the preceding
paragraph.
Commissioners Minutes Continued. September 25, 1997
308
3. Penalties and investment interest generated by the DTRF may be
transferred, in whole or in part, to the General Fund of the County
upon majority vote of the Board of Commissioners so long as such
transfer(s) meets the provisions of paragraph #2 above.
4. Any and all appropriations from unrestricted DTRF funds, excepting
penalties and investment interest, shall be limited to one-time
expenditures, as opposed to recurring operations.
5. Unless otherwise specified, appropriations from the DTRF shall be
considered long- or short-term advances (with specific time frames
detailed in the authorizing resolution), to be repaid with interest
as specified below.
6. Any appropriations from unrestricted DTRF funds, excepting penalties
and investment interest, not considered advances to be repaid within
a time certain shall require a two-thirds majority vote of the Board
of Commissioners.
7. All appropriations from unrestricted DTRF funds considered to be
advances to be repaid within a time certain shall require a majority
vote of the Board of Commissioners.
8. Terms and conditions of any and all advances from the DTRF shall be
specified in the authorizing resolution, including interest
obligations detailed as follows:
a. Interest on each payment will be based on the average monthly
rate paid during the term of the agreement by the agent of
the DTRF for that year's outstanding borrowing, or
b. In the event no borrowing occurs for the DTRF, principal and
interest payments will be made in accordance with the
previously established "Loan of County Funds Policy"
(Miscellaneous Resolution #89276) which requires Board
approval of repayment terms at an interest rate no less than
the prevailing six-month Treasury Bill rate and that such
rates shall be computed and compounded quarterly.
BE IT FURTHER RESOLVED that $750,000 (or one-half of the $1,500,000)
convention facility tax revenues distributed by the State to Oakland County under
the authority of the State Convention Facility Development Act, Public Act 106 of
1985, be earmarked for substance abuse programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in
accordance with the requirements of Public Act 214 of 1899, as amended,
authorizes that .0004 mills Current Property Tax Levy be designated for the
purpose of funding Veterans' Services Soldier Relief.
BE IT FURTHER RESOLVED that:
1. The County Executive is hereby designated the Chief Administrative
Officer of the County of Oakland and, further, that the Director of
Management and Budget shall perform the duties of the Fiscal Officer
as specified in this resolution.
2. The Fiscal Officer shall provide an orientation session and written
instructions for preparing department budget requests. These
instructions shall include information that the Fiscal Officer
determines to be useful and necessary to assure that the budgetary
estimates of the agencies are prepared in a consistent manner and
the needs of the Board of Commissioners and committees are met.
3. Any offices, departments, commissions and boards of the County of
Oakland financed in whole or in part by the County of Oakland shall
transmit to the Fiscal Officer their estimates of the amounts of
money required for each activity in their respective agencies, as
well as their estimate of revenues that will be generated from
charges for services. They shall also submit any other information
deemed relevant by the Fiscal Officer and/or the Board of
Commissioners and committees thereof.
4. The Fiscal Officer shall prescribe forms to be used by the offices,
departments, commissions and boards of the County of Oakland in
submitting their budget estimates and shall prescribe the rules and
regulations the Fiscal Officer deems necessary for the guidance of
officials in preparing such budget estimates. The Fiscal Officer
may require that the estimates be calculated on the basis of various
assumptions regarding level of service. The Fiscal Officer may also
Commissioners Minutes Continued. September 25, 1997
309
require a statement for any proposed expenditure and a justification
of the services financed.
5. The Fiscal Officer shall prepare estimates of revenue for each
budgeted fund, classified to show in detail the amount expected to
be received from each source. Estimates of expenditures and
revenues shall also be classified by character, object, function and
activity consistent with the accounting system classification.
6. The Fiscal Officer shall review the agency estimates with a
representative from each agency of the County of Oakland that has
submitted such estimates. The purpose of the review shall be to
clarify the estimates, ensure the accuracy, and to determine their
adherence to the policies previously enumerated by the Fiscal
Officer and the Board of Commissioners or committees thereof as
herein required.
7. The Fiscal Officer shall consolidate the estimates received from the
various agencies together with the amounts of expected revenues and
shall make recommendations relating to those estimates which shall
assure that the total of estimated expenditures including an accrued
deficit does not exceed the total of expected revenues including an
unappropriated surplus.
8. The recommended budget shall include at least the following:
a. Expenditure data for the most recently completed fiscal year
and estimated expenditures for the current fiscal year,
b. An estimate of the expenditure amounts required to conduct,
the government of Oakland County, including its budgetary
centers,
c. Revenue data for the most recently completed fiscal year and
estimated revenues for the current fiscal year,
d. An estimate of revenues, by source, to be raised or received
by Oakland County in the ensuing fiscal years,
e. The amount of surplus or deficit from prior fiscal years,
together with an estimate of the amount of surplus or deficit
expected in the current fiscal year,
f. An estimate of the amount needed for deficiency, contingent
or emergency purposes and the amounts needed to pay and
discharge the principal and interest of the debt of Oakland
County due in the ensuing fiscal years,
g. The amount of proposed capital outlay expenditures, except
those financed by enterprise, capital projects, or internal
service funds, including the estimated total costs and
proposed method of financing of each capital construction
project and the projected additional annual operating cost
and the method of financing the operating costs of each
capital construction project for three (3) years beyond the
fiscal year covered by the budget,
h. An informational summary of projected revenues and
expenditures/expenses of any capital projects, internal
service, and enterprise funds,
i. A comparison of the revenue and expenditure amounts in the
recommended budget to the budget previously adopted by the
Board of Commissioners with appropriate explanation of the
variances,
j. Any other data relating to fiscal conditions that the Fiscal
Officer or the Board of Commissioners or committees thereof
consider to be useful in evaluating the financial needs of
the County.
9. Not less than ninety (90) days before the next succeeding fiscal
year, the County Executive shall transmit the recommended budget
to the County Board of Commissioners. The recommended budget
shall be accompanied by:
a. A proposed general appropriations measure, consistent with
the budget, which shall set forth the anticipated revenue and
requested expenditure/expense authority in such form and in
such detail deemed appropriate by the Board of Commissioners
or committees thereof. No appropriations measure shall be
Commissioners Minutes Continued. September 25, 1997
310
submitted to the Board of Commissioners in which estimated
total expenditures/expenses, including an accrued deficit,
exceed estimated total revenues, including an available
surplus.
b. A budget message which shall explain the reasons for
increases or decreases in budgeted items compared with the
current fiscal year, the policy of the County Executive as it
relates to important budgetary items, and any other
information that the County Executive determines to be useful
to the Board of Commissioners in its consideration of
proposed appropriations.
c. A comparison of the recommended budget to the current year
adopted budget, together with an analysis and explanation of
the variances therefrom, such variances being divided to show
the portion attributable to the current year budget
amendments and the portion resulting from the recommended
budget.
10. The County Board of Commissioners, or any committee thereof, may
direct the County Executive and/or other elected officials to
submit any additional information it deems relevant in its
consideration of the budget and proposed appropriations measure.
The Board of Commissioners or the committees thereof may conduct
budgetary reviews with the Fiscal Officer, and/or County
departments and divisions or agencies, etc., for the purpose of
clarification or justification of proposed budgetary items.
11. The County Board of Commissioners may revise, alter, or substitute
for the proposed general appropriations measure in any way, except
that it may not change it in a way that would cause total
appropriations, including an accrued deficit, to exceed total
estimated revenues, including an unappropriated surplus. An
accrued deficit shall be the first item to be resolved in the
general appropriations measure.
12. The County Board of Commissioners shall fix the time and place of
a public hearing to be held on the budget and proposed
appropriations measure. The Clerk/Register shall then have
published, in a newspaper of general circulation within the County
of Oakland, notice of the hearing and an indication of the place
at which the budget and proposed appropriations measure may be
inspected by the public. This notice must be published at least
seven days before the date of the hearing.
13. No later than September 30, the Board of Commissioners shall pass
a general appropriations measure providing the authority to make
expenditures and incur obligations on behalf of the County of
Oakland. The supporting budgetary data to the general
appropriations measure shall include at least the following:
a. Expenditure data for the most recently completed fiscal year,
b. The expenditures budget as originally adopted by the Board of
Commissioners for the current fiscal year,
c. The amended current year appropriations,
d. An estimate of the expenditure amounts required to conduct,
the government of Oakland County, including its budgetary
centers,
e. Revenue data for the most recently completed fiscal year and
estimated revenues for the current fiscal year,
f. Budgeted Revenue Estimates as originally adopted by the Board
of Commissioners for the current fiscal year,
g. The amended current year Budgeted revenues,
h. An estimate of revenues, by source, to be raised or received
by Oakland County in the ensuing fiscal year,
i. The amount of surplus or deficit from prior fiscal years,
together with an estimate of the amount of surplus or deficit
expected in the current fiscal year,
j. An estimate of the amount needed for deficiency, contingent
on emergency purposes, and the amounts needed to pay and to
Commissioners Minutes Continued. September 25, 1997
311
discharge the principal and interest of the debt of Oakland
County due in the ensuing fiscal year,
k. The amount of proposed capital outlay expenditures, except
those financed by enterprise, capital project, or internal
service funds, including the estimated total costs and
proposed method of financing of each capital construction
project and the projected additional annual operating cost
and the method of financing the operating costs of each
capital construction project for three (3) years beyond the
fiscal year covered by the budget,
l. An informational summary of projected revenues and
expenditures/expenses of capital projects, internal service,
and enterprise funds,
m. Any other data relating to fiscal conditions that the Board
of Commissioners considers to be useful in considering the
financial needs of the County,
n. Printed copies of the Board of Commissioners Adopted Budget,
Financial Plan or any facsimile thereof shall contain all of
the above data unless otherwise approved by the Board of
Commissioners,
14. The Board of Commissioners may authorize transfers between
appropriation items by the County Executive or Fiscal Officer
within limits stated in the appropriations measure. In no case,
however, may such limits exceed those provided for in paragraph
#21 of this resolution.
15. A deviation from the original general appropriations measure shall
not be made without first amending the general appropriations
measure through action by the Board of Commissioners, except
within those limits provided for in paragraph #16 of this
resolution.
16. Appropriations accumulated at the following three summary levels
of expenditure within each County Division will be deemed maximum
authorization to incur expenditures: Controllable Personnel
Expenditures, Controllable Operating Expenditures, and Non-
Controllable Operating Expenditures (Internal Service Funds). The
County Executive or the Fiscal Officer shall exercise supervision
and control of all budgeted expenditures within these limits,
holding expenditures below individual line-item appropriations or
allowing overruns in individual line-items providing that at no
time shall the net expenditures exceed the total appropriation for
Controllable Personnel and Operating Expenses, respectively, for
each division as originally authorized or amended by the Board of
Commissioners. The Fiscal Officer shall submit to the Finance and
Personnel Committee a quarterly listing of new governmental funded
appropriations and internal service fund line items created
administratively which were not properly classifiable. Line-item
detail, division, unit or cost center detail and allotments, which
provide a monthly calendarization of annual appropriations, as
deemed necessary by the Fiscal Officer shall be maintained and
utilized as an administrative tool for management information and
cost control. The Fiscal Officer shall not approve any
expenditure beyond that necessary to accomplish stated program or
work objectives authorized in the general appropriation measure as
originally approved unless amended, in which case the amendment
takes precedence.
17. The Fiscal Officer shall maintain, for all budgeted funds,
appropriation ledger accounts in which are to be recorded such
expenditure encumbrances and obligations for the future payment of
appropriated funds as the Fiscal Officer may approve.
18. Each purchase order, voucher or contract of Oakland County shall
specify the funds and appropriation designated by number assigned
in the accounting system classification from which it is payable
and shall be paid from no other fund or appropriation. The
necessary amount of the appropriation from such account shall be
transferred pursuant to the provisions of this resolution to the
Commissioners Minutes Continued. September 25, 1997
312
appropriate general appropriation account and the expenditure then
charged thereto.
19. No obligation shall be incurred against, and no payment shall be
made from, any appropriation account unless there is a sufficient
unencumbered balance in the appropriation and sufficient funds are
or will be available to meet the obligation. All capital projects
funded from the Capital Improvement Fund shall require approval of
the Board of Commissioners on recommendation of the appropriate
liaison committee (Planning and Building Committee) prior to
initiation of the project. Any obligation incurred or payment
authorized in violation of this resolution shall be void and any
payment so made illegal except those otherwise ordered by court
judgment or decree.
20. The Fiscal Officer, after the end of each quarter, shall transmit
to the Board of Commissioners a report depicting the financial
condition of budgeted operations, including, but not limited to:
a. A forecast of actual revenues by major source compared with
budgeted revenues accompanied by an explanation of any
significant variances,
b. A forecast of actual expenditures and encumbrances by
department compared with authorized appropriations
accompanied by an explanation of any significant variances,
and
c. A forecast of actual expenditures, encumbrances and transfers
from each of the several non-departmental appropriations
accounts compared with authorized appropriations accompanied
by an explanation of any significant variances.
21. Direct expenditure and/or transfers of any unencumbered balance or
any portion thereof in any appropriation for transfer account to
any other appropriations account may not be made without amendment
of the general appropriation measure as provided for in this
resolution, except that transfers within and between budgeted
funds and departments may be made by the Fiscal Officer in the
following instances:
a. Transfers may be made from the non-departmental overtime
account and fringe benefit adjustment account to the
appropriate departmental budget as specific overtime requests
are reviewed and approved by the Fiscal Services Division.
Additionally, overtime appropriations may be transferred
between divisions within a department at the request of the
Department Head, if authorized by the Fiscal Officer or his
designee.
b. Transfers may be made from the non-departmental appropriation
accounts for Maintenance Department Charges and Miscellaneous
Capital Outlay to the appropriate departmental budget as
specific requests for these items are reviewed and approved
by the Fiscal Officer.
c. Transfers may be made from the non-departmental appropriation
accounts Emergency Salaries and Summer Help as specific
requests for these items are reviewed and approved by the
Personnel Department.
d. Fringe benefit rates shall be established annually in the
budget process to charge all Governmental, Special Revenue
and Proprietary funds for actual employer fringe benefit
costs. Such rates shall be sufficient to meet all fringe
benefit costs including sick leave and annual leave
accumulations, tuition reimbursement, employee training,
retirees' hospitalization and retirement administration. All
funds collected for Retirement, Tuition Reimbursement, Social
Security (FICA), Hospitalization for active and retired
employees, Disability, Dental, Optical, and Life and Accident
Insurance shall be transferred to the Employee Fringe Benefit
Fund as established by Miscellaneous Resolution #81-312.
Sufficient funds shall be maintained in the Employee Fringe
Benefit Fund liability account for sick leave and annual
Commissioners Minutes Continued. September 25, 1997
313
leave to cover the accumulated liability at an amount equal
to 50% of the sick leave accumulation and 100% of the annual
leave accumulation, including applicable Social Security
(FICA) taxes thereon. All funds collected by Workers'
Compensation and Unemployment Compensation shall be
transferred to the Fringe Benefit Fund as established by
Miscellaneous Resolution #81-012 and modified by
Miscellaneous Resolution #96-024.
e. An amount for capital improvements and rental charges for
principal payments on Building Authority bonds shall be added
to the Building Space Cost Allocation charges. Funds
collected as a result of these charges shall be accumulated
in the Facilities Maintenance and Operations Fund for
subsequent transfer to the Capital Improvement Fund and
Building Authority Fund. The transfer of these funds to the
Capital Improvement Fund and Building Authority Fund shall
not be made prior to September 30, without approval from the
Finance and Personnel Committee of the Board of
Commissioners.
f. Transfers may be made from the non-departmental accounts for
the Department of Information Technology or from any other
source of funds, for computer hardware and/or software only
with prior approval by the Strategic Planning Committee.
Each proposal for the transfer of funds must be supported in
writing with cost justification and an itemization of the
requested hardware and software. The Director of Information
Technology shall present such proposals as required to the
Strategic Planning Committee as they are developed. The
Fiscal Officer shall report such amendments to the Finance
and Personnel Committee as a formal part of the County
Executive's Quarterly Financial Forecast.
g. Funds will not be spent from the non-departmental account
entitled AInfrastructure Improvements@ (#3661) without a
specific Board resolution allowing for such expenditure to
occur. The improvements shall be limited to alleviating
traffic flow and safety concerns and is considered to be a
Aone-time@ expenditure to assist in this effort. The maximum
amount to be expended is limited to 25% of the cost of the
project up to $3.0 million. Should the State of Michigan not
provide matching funds to support the project, the
expenditure will not be made and the unused funds will be
returned to the Delinquent Tax Revolving Fund. Finally, any
final expenditure and transfer shall be done in conformance
with state law.
22. The Board of Commissioners may make supplemental appropriations by
amending this general appropriations measure as provided by this
resolution, provided that revenues in excess of those anticipated
in the original general appropriations measure become available
due to:
a. An unobligated surplus from prior years becoming available;
b. Current year revenue exceeding original estimate in amounts
sufficient enough to finance increased appropriations. The
Board of Commissioners may make a supplemental appropriation
by increasing the dollar amount of an appropriation item in
the original general appropriations measure or by adding
additional items. At the same time the estimated amount from
the source of revenue to which the increase in revenue may be
attributed shall be increased, or other source and amount
added in a sum sufficient to equal the supplemental
expenditure amount. In no case may such appropriations cause
total estimated expenditures, including an accrued deficit,
to exceed total estimated revenues, including an
unappropriated surplus.
23. Whenever it appears to the County Executive or the Board of
Commissioners that actual and probable revenues in any fund will
Commissioners Minutes Continued. September 25, 1997
314
be less than the estimated revenues upon which appropriations from
such fund were based, the County Executive shall present to the
Board of Commissioners recommendations which, if adopted, will
prevent expenditures from exceeding available revenues for the
current fiscal year. Such recommendations shall include proposals
for reducing appropriations, increasing revenues, or both. After
receiving the recommendations of the County Executive for bringing
appropriations into balance with estimated revenues, the Board of
Commissioners shall amend the general appropriations measure to
reduce appropriations or shall approve such measures necessary to
provide revenues sufficient to equal appropriations, or both.
24. All appropriations are annual and the unexpended portion shall
lapse at year end. Encumbrances and Appropriations Carried
Forward will be recorded as a reservation of fund balance and the
subsequent year's budget amended to provide authority to complete
these transactions. Appropriations shall not be carried forward
for more than six (6) months into the budget year following the
year in which they were originally appropriated. A status report
on Appropriations Carried Forward, as required by Miscellaneous
Resolution #93-156, will be incorporated as an integral part of
the ensuing year's Second Quarter Financial Forecast for the
purposes of determining their continuation for the remainder of
the year. The recommended year-end budget amendment shall be
supported with a statement of revenues and expenditures and
operating surplus or deficit which shall contain the following
data: (1) budget as adopted; (2) budget amendments; (3) budget as
adjusted; (4) revenues and expenditures, operating surplus or
deficit; (5) accrued revenue and expenditures; (6) transfers; (7)
total revenues and expenditures and transfers, operating surplus
or deficit, including accruals and transfers; (8) encumbrances;
(9) appropriations carried forward; (10) total revenues and
appropriations utilized, operating surplus or deficit, including
encumbrances and appropriations carried forward; (11) balance of
revenues not collected, unencumbered appropriation balance,
operating surplus or deficit; (12) detail of adjustments to
designated and undesignated fund balance, detail of adjustment to
reserves and/or any other utilization of surplus; (13) final
surplus or deficit or undesignated fund balance carried forward to
the subsequent year's budget.
25. A member of the Board of Commissioners, the County Executive, any
elected officer, the Fiscal Officer, any other administrative
officer or employee of Oakland County shall not: (1) create a
debt, incur a financial obligation on behalf of the County against
an appropriation account in excess of the amount authorized, (2)
apply or divert money of the County for purposes inconsistent with
those specified in this general appropriations measure as approved
and amended by the Board of Commissioners, nor (3) forgive a debt
or write off an account receivable without appropriate
authorization of the Board of Commissioners, as described in
Miscellaneous Resolution #93-135. Specifically, application of
the foregoing Bad Debt Write Off Policy shall be invoked for all
amounts in excess of $1,000; transactions of a lesser amount shall
be considered within the administrative authority of the Fiscal
Officer. Furthermore, the Fiscal Services Division must submit to
the Board of Commissioners, as part of the quarterly financial
report, a listing of all bad debt write offs occurring during the
preceding three months. In addition, transactions relating to
Inmate Prisoner Billings which are billed in excess of ability to
pay, as determined by the Reimbursement Division, are hereby
authorized to be adjusted in accordance with Public Act 212 of
1994 with the resultant amount of the write-off subsequently
reported to the Board of Commissioners as part of the Quarterly
Financial Report. Except as otherwise stated in the General
Appropriations Act, funds shall not be expended without specific
appropriation or other appropriate action by the Board of
Commissioners Minutes Continued. September 25, 1997
315
Commissioners from reserved, designated or undesignated fund
equity; from balance sheet accounts for the purchase of fixed
assets not cited in paragraph 26 of the General Appropriations
Act, nonroutine prepaid items or nonroutine obligations related to
a specific appropriation; or from funds not budgeted.
26. All Internal Service Fund budgets that have depreciable assets
shall have a capital budget with detail supporting the amount of
annual depreciation therein included, as well as a fiscal plan for
replacing, upgrading or disposing of those assets.
27. The budgetary system shall be maintained on the same basis of
accounting (generally accepted accounting principles) as the
actual financial information is maintained.
28. Any violation of the general appropriations measure by the County
Executive, the Fiscal Officer, any administrative officer,
employee or member of the Board of Commissioners detected through
application of generally accepted accounting procedures utilized
by Oakland County or disclosed in an audit of the financial
records and accounts of the County shall be filed with the State
Treasurer and reported by the State Treasurer to the Attorney
General. Pursuant to Public Act 621 of 1978, the Uniform
Budgeting Act, the Attorney General shall review the report and
initiate appropriate action against the person or persons in
violation. For use and benefit of the County of Oakland, the
Attorney General or Prosecuting Attorney may institute a civil
and/or criminal action in a court of competent jurisdiction for
the recovery of County funds disclosed by an examination to have
been illegally expended or collected as a result of malfeasance,
and for the recovery of public property disclosed to have been
converted or misappropriated.
29. The provisions of this act shall be applied to the General Fund
and all Special Revenue and Proprietary Funds of the County,
including Enterprise Funds and Internal Service Funds.
Chairperson, on behalf of the Finance and Personnel Committee, I move
the adoption of the foregoing resolution which embodies the Fiscal Year 1997
General Appropriations Act as detailed in the Fiscal Year 1997 Budget document,
including subsequent amendments.
FINANCE AND PERSONNEL COMMITTEE
Moved by Douglas supported by Jensen the resolution be adopted.
Moved by Kingzett supported by Moffitt the resolution be amended by
striking the current paragraph (g) under Section 21 and inserting the following
new language to read as follows:
AFunds will not be spent from the non-departmental account entitled,
>Infrastructure Improvements= (#3661) without a specific Board resolution
allowing for such expenditure to occur. Further, the Board of
Commissioners shall establish specific eligibility criteria for the
project(s) to be funded from this account. Any unused funds will be
returned to the Delinquent Tax Revolving Fund. Finally, all expenditures
from this account shall be made in conformance with state law.@
A sufficient majority having voted therefor, the amendment carried.
Moved by Obrecht supported by Palmer the resolution be amended to change
the transfer amount to a (1) year amount of $4,375,000.00.
The Chairperson stated a AYes@ vote will support the change and a ANo@ vote
will not.
Vote on amendment:
AYES: Garfield, Johnson, Kaczmar, Kingzett, McPherson, Obrecht, Palmer.
(7)
NAYS: Coleman, Devine, Dingeldey, Douglas, Holbert, Huntoon, Jacobs,
Jensen, Law, McCulloch, Millard, Moffitt, Pernick, Schmid, Taub, Wolf, Amos.
(17)
Commissioners Minutes Continued. September 25, 1997
316
A sufficient majority not having voted therefor, the amendment failed.
Moved by Moffitt supported by Schmid the resolution be amended to add an
additional BE IT FURTHER RESOLVED paragraph following the NOW THEREFORE BE IT
RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that the Chief Administrative Officer and the Fiscal
Officer for the County shall undertake a full review of cost cutting options and
shall present a plan for expenditure reduction which can be implemented over the
period of 1998-2001.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Devine, Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Pernick, Schmid, Taub, Wolf, Amos, Coleman. (23)
NAYS: Garfield. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97191
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - 1997 COUNTY GENERAL FUND PROPERTY TAX AND PARKS
AND RECREATION TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County has a fixed millage rate of 5.26 mills and a voted
.25 mill for Parks and Recreation; and
WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to
apportion a .25 mill property tax rate; and
WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's
Maximum Allowable Tax Rate to the 1994 "Headlee" rollback (Article 9, Section 31
of the Michigan Constitution) tax rate of 4.4805 mills, a Parks and Recreation
maximum allowable tax rate of .2439 mill and a Huron-Clinton Authority maximum
allowable tax rate of .2236 mill; and
WHEREAS Public Act 42 of 1995, "Truth in Budgeting" Act, allows the County
Board of Commissioners to hold a single Public Hearing as a prerequisite to both
approval of the Property Tax Levy and Budget adoption, if the recommended
property tax rate necessary to support the ensuing year=s operating budget is
included in the General Appropriations Act; and
WHEREAS the Board of Commissioners, upon the recommendation of the County
Executive, adopted Miscellaneous Resolution #96225 establishing a 1996 County
Property Tax rate of 4.3805 mills, 1/10 (.1) mill less than the maximum allowable
tax levy as constrained by State law, equivalent to a total tax reduction of
$3.4 million; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #95265,
created the Millage Reduction and Stabilization Fund which has accumulated a
current balance of $4,375,000 attributable to cost saving measures implemented
over time; and
WHEREAS the Board of Commissioners and County Executive is desirous of
utilizing these funds to further reduce the property tax rate by .03 mill which
will consume the accumulated balance over a four (4) year time frame without
jeopardizing the County=s ability to deliver quality public services; and
WHEREAS the County Executive recommends that the County tax rate be set at
4.3505 mills, thirteen hundredths (.13) mill less than the maximum allowable tax
levy as constrained by State law, equivalent to a total tax reduction of
$4.7 million; and
WHEREAS the Finance Committee recommends that the 1997 County General Fund
Property Tax rate be set at 4.3505 mills, thirteen hundredths (.13) mill below
the maximum allowable tax rate; the Oakland County Parks and Recreation Tax rate
be set at .2439 mill, the maximum allowable tax rate; and the Huron-Clinton Metro
Park Authority Tax rate be set at .2236 mill, the maximum allowable tax rate; and
WHEREAS $158,656,405 is the estimated amount of the 1998 County General
Fund Budget to be raised by taxation based on the 1997 Taxable Value of all
Commissioners Minutes Continued. September 25, 1997
317
property located in Oakland County ($36,468,545,005) at the recommended rate of
4.3505 mills, together with the voted .2439 mill for Parks and Recreation of
$8,894,678 and the .2236 mill for the Huron-Clinton Authority of $8,154,367.
NOW THEREFORE BE IT RESOLVED that each supervisor of the various townships
and assessing officers of the several cities of Oakland County are authorized and
directed to spread on their respective township or city tax rolls for the
year 1997 the following tax rates to be applied to the 1997 Taxable Value of all
property located within their respective jurisdictions:
1997 County Voted for Huron-Clinton
General Property Tax Levy Parks & Recreation Park Authority
4.3505 Mills .2439 Mill .2236 Mill
BE IT FURTHER RESOLVED the 1998 General Appropriations Act be amended to
include the following language:
ABE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners proposes to levy a millage rate of 4.3505 mills upon the
total Taxable Value of Real and Personal Property so as to generate
$158,656,405 to support the 1998 County General Fund/General Purpose
Operating Budget.
BE IT FURTHER RESOLVED that $1,093,750 be transferred from the
Millage Reduction and Stabilization Fund to the General Fund to offset the
corresponding reduction in property tax revenue.@
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 Schmid the resolution be adopted.
AYES: Dingeldey, Douglas, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Pernick, Schmid, Taub, Wolf, Amos, Coleman, Devine. (23)
NAYS: Garfield. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97192
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1997-1998 U.S. Department of Housing and Urban Development
Community Development Block Grant (CDBG) was accepted by Miscellaneous
Resolution #97109 in the amount of $4,870,000.00 with $998,204.66 in County
Program Income and $9,830.00 in Community Program Income for a total program
amount of $5,878,034.66 with no budget amendment made at the time of acceptance
(See Schedule B); and
WHEREAS the 1997-1998 Emergency Shelter Grant (ESG) was accepted in the
amount of $108,000.00 with no budget amendment at the time of acceptance (See
Schedule C); and
WHEREAS the 1997-1998 HOME Investment Partnership Act Grant in the amount
of $1,176,000.00 was accepted with a requirement for County matching funds in the
amount of $257,985.00 for a total program amount of $1,433,985.00, with no budget
amendment at the time of acceptance (See Schedules A and D); and
WHEREAS the Oakland County Community Development Division has agreed that
the 1997-1998 Budget would be amended to reflect accurate detail of actual grant
awards for the 1997-1998 program year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
amends the Fiscal Year 1998 Community Development Division Budget to reflect the
revisions as detailed in Schedules A, B, C, and D.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Schedules A, B, C and D on file in County Clerk=s office.
Moved by Douglas supported by Coleman the resolution be adopted.
Commissioners Minutes Continued. September 25, 1997
318
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Pernick, Schmid, Wolf, Amos, Coleman, Devine, Dingeldey. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97193
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - ACCEPTANCE OF
1997/1998 COMMUNITY CORRECTIONS GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Public Services= Community Correction=s Division
applied to the Michigan Department of Corrections (MDOC) for $2,472,276 in grant
funds for the period October 1, 1997 through September 30, 1998; and
WHEREAS the MDOC has awarded Oakland County a 1997-1998 Community
Corrections grant in the amount of $2,175,217, which is $297,059 or 12.02% less
than the application amount; and
WHEREAS the application requested funding for an additional Deputy II
position, which was not approved by MDOC; therefore, no additional personnel are
required to fulfill the grant agreement; and
WHEREAS there is no County match required with this grant, however it
should be noted that there are General Fund Pretrial Services positions included
in the Fiscal Year 1998 Budget, which are not part of this grant; 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 1997/1998 Community Corrections grant from the Michigan Department of
Corrections in the amount of $2,175,217.
BE IT FURTHER RESOLVED that the future level of service, including
personnel (except the portion of Pretrial Services currently funded by the
General Fund) will be contingent upon the level of funding available from the
State.
BE IT FURTHER RESOLVED that the Fiscal Year 1998 Special Revenue budget be
amended to coincide with this grant award.
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 Taub the resolution be adopted.
AYES: Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97194
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - FLEET EXPANSION OF ONE
(1) VAN FOR COMMUNITY CORRECTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS through Miscellaneous Resolutions #93230 and #94357, the Oakland
County Board of Commissioners adopted a Leased Vehicle Policy requiring that
additions to the County fleet be approved by the Board of Commissioners; and
WHEREAS the Community Corrections Division has a need to lease a van from
the County fleet to accommodate the transportation needs of the successful Impact
Weekend Program; and
Commissioners Minutes Continued. September 25, 1997
319
WHEREAS the Veteran=s Services Division is currently leasing a fully
depreciated van from the County fleet which is scheduled to be traded-in for a
new vehicle within the month; and
WHEREAS this van is acceptable for the current Community Corrections needs
and can be reassigned to the Community Corrections Division at a monthly lease
cost of approximately $250 month; and
WHEREAS because Veteran=s Services will receive a replacement van, this
reassignment will expand the fleet.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the
expansion of the County Vehicle Fleet by reassigning one (1) fully depreciated
van from the Veterans= Services Division to the Community Corrections Division.
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 Amos the resolution be adopted.
AYES: Holbert, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97178)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: ESTABLISHMENT OF A VOLUNTARY SMOKING CESSATION CLINIC FOR COUNTY
EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the attached
recommendation on September 18, 1997, and finding no fiscal implications, reports
with the recommendation that the resolution be adopted and that the Health
Division report back in 90 days as to employee participation.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
Copy of attachments on file in the County Clerk=s office.
MISCELLANEOUS RESOLUTION #97178
BY: Sue Ann Douglas, District #8; Jeff Kingzett, District #7;
Shelley Taub, District #12; Ruth Johnson, District #1; John McCulloch,
District #22
IN RE: ESTABLISHMENT OF A VOLUNTARY SMOKING CESSATION CLINIC FOR COUNTY
EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS effective August 11, 1997, the County Executive proclaimed that all
County buildings maintain a smoke-free environment; and
WHEREAS the Oakland County Board of Commissioners recognizes the negative
effects of smoking to both smokers and non-smokers; and
WHEREAS the Oakland County Board of Commissioners recognizes the addictive
quality of nicotine and the difficulty that some County employees may have
adjusting to the new building rules; and
WHEREAS the Oakland County Board of Commissioners encourages employees to
consider not only the benefits of a smoke-free work environment but of a smoke-
free life.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
directs the Finance and Personnel Committee to work with the Personnel Department
to explore the establishment of an ongoing Asmoking cessation@ clinic for county
employees who wish to participate either through the Oakland County Health
Department or an outside contractor.
Commissioners Minutes Continued. September 25, 1997
320
BE IT FURTHER RESOLVED that the Finance and Personnel Committee report back
to the Board of Commissioners within 30 days of passage of this resolution with a
recommendation for the program and the cost of the recommended program.
Chairperson, we move the adoption of the foregoing resolution.
Sue Ann Douglas, Jeff Kingzett,
Shelley Taub, Ruth Johnson,
John McCulloch
Moved by Douglas supported by Kaczmar the Finance and Personnel Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Kaczmar the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Holbert. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97195
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY BOARD OF COMMISSIONERS - LEGAL EXPENSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authority of MCL 691.1408, as implemented by
Miscellaneous Resolution #85339, as amended by Miscellaneous Resolution #86124,
whenever a claim is made or a civil action is commenced against an officer or
employee of Oakland County for injuries to persons or property caused by
negligence of the officer or employee while acting in the course of employment
and while acting within the scope of their authority, the County shall pay for,
engage or furnish the services of an attorney to advise the officer or employee
as to the claim and to appear for and represent the officer or employee in the
action; and
WHEREAS it necessary to defend a civil action initiated by Training and
Treatment Innovations, Inc., a Michigan Non-Profit Corporation, against the
County of Oakland, the Oakland County Board of Commissioners, fifteen (15)
Oakland County Commissioners, both individually and in their capacity as a County
Commissioners, and Oakland County Community Mental Health; and
WHEREAS in this specific litigation, the Office of Corporation Counsel is
unable to represent the named Defendants due to conflict of interest principles;
and
WHEREAS MCL 49.73 requires the County employ an attorney to represent the
Defendants when, as here, the Corporation Counsel is unable to undertake
representation; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution #8082 requires that outside legal counsel shall be employed only
through the office of Corporation Counsel and approved by a majority vote of the
members of the Board of Commissioners; and
WHEREAS Corporation Counsel has recommended the hiring of the law firm of
Kohl, Secrest, Wardle, Lynch, Clark & Hampton to defend Oakland County, its
boards, commissions and agencies, in this matter and has recommended the hiring
of The Googasian Firm, PC, to represent the individually named commissioners; and
WHEREAS the terms of the employment of these law firms shall include that
William P. Hampton, act as the principal attorney responsible for representing
the County, its boards, commissions and agencies, in this matter and that
George A. Googasian shall act as the principal attorney representing the
individually named Commissioners.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby
approves the hiring of the law firm of Kohl, Secrest, Wardle, Lynch,
Clark & Hampton to defend Oakland County, its boards, commissions and agencies,
in this matter and approves the hiring of The Googasian Firm, PC, to represent
the individually named Commissioners, with the understanding that
Commissioners Minutes Continued. September 25, 1997
321
William P. Hampton, shall act as the principal attorney responsible for
representing the County, its boards, commissions and agencies, in this matter and
that George A. Googasian shall act as the principal attorney representing the
individually named Commissioners.
BE IT FURTHER RESOLVED that Corporation Counsel is authorized to engage
such representation pursuant to established County policy and procedures and is
authorized to pay William P. Hampton and George Googasian $100.00 per billable
hour for legal services personally rendered by them and is authorized to pay
$75.00 per billable hour for other attorneys of their respective firms.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an
initial amount not to exceed $75,000 for the employment of such outside legal
counsel.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $75,000
from the Contingency for such purpose and transfers said amount from the
Contingency Fund to Corporation Counsel Legal Expense Item.
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 Law the resolution be adopted.
Moved by Devine supported by Law the resolution be amended to add a fourth
BE IT FURTHER RESOLVED paragraph to read as follows:
BE IT FURTHER RESOLVED that full costs and attorney fees shall be sought
from Training and Treatment Innovations, Inc., in the event that said entity does
not prevail in its lawsuit.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Pernick, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Huntoon. (22)
NAYS: Palmer, Holbert. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: APPOINTMENTS TO BOARD OF CANVASSERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the following individuals be
appointed to the Board of Canvassers for two year terms for the period of
October 31, 1997 - October 31, 1999.
Elaine Skarritt - Republican representative
Georgia Moore - Democratic representative
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Millard the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Pernick the appointments of Elaine Skarritt
(Republican representative) and Georgia Moore (Democratic representative) to the
Board of Canvassers, for two year terms for the period of October 31, 1997 -
October 31, 1999, be confirmed.
Commissioners Minutes Continued. September 25, 1997
322
A sufficient majority having voted therefor, the appointments of
Elaine Skarritt (Republican representative) and Georgia Moore (Democratic
representative) to the Board of Canvassers were confirmed. The two year terms
are for the period of October 31, 1997 - October 31, 1999.
MISCELLANEOUS RESOLUTION #97196
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: FISCAL YEAR 1998 - CIRCUIT COURT/FRIEND OF THE COURT COOPERATIVE
REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Family Independence Agency, Office of Child Support
has awarded Oakland County Friend of the Court=s Fiscal Year 1998 Title IV-D
Cooperative Reimbursement Program (CRP) Contract effective October 1, 1997,
through September 30, 1998; and
WHEREAS the 1998 Title IV-D Program totals $9,287,966 of which $737,491
will be funded by fees collected, with the balance, $8,550,475, funded by the
State ($6,040,447) and the County ($2,510,028); and
WHEREAS the contract award equals the annualized amount approved for Fiscal
Year 1997, and will be modified by amendment to coincide with actual
expenditures; and
WHEREAS the contract has been approved by the Oakland County Executive=s
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the Fiscal Year 1998 Cooperative Reimbursement Program Contract through
September 30, 1998, for the Friend of the Court in the amount of $8,550,475.
BE IT FURTHER RESOLVED that future level of service, including personnel,
is contingent upon the level of funding from the State for this program.
BE IT FURTHER RESOLVED that acceptance of this contract does not obligate
the County to any future commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the reimbursement agreement and to approve amendments
and extensions up to fifteen (15) percent variance from the award, consistent
with the agreement as approved.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement between Family Independence Agency and The County of
Oakland on file in the County Clerk=s office.
FISCAL NOTE (Misc. #97196)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - ACCEPTANCE OF FISCAL YEAR 1998
COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT
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 Michigan Family Independence Agency has awarded the Fiscal
Year 1998 Title IV-D Cooperative Reimbursement Program (CRP)
Contract to the Oakland County Friend of the Court.
2. The contract is effective October 1, 1997 through
September 30, 1998.
3. The Fiscal Year 1998 program totals $9,287,966 of which
$737,491 will be funded by fees, and the balance, $8,550,475,
funded by the State, ($6,040,447 - 70%) and the County
($2,510,028 - 30%).
4. The award is equal to the Fiscal Year 1997 award annualized to
12 months, and will be modified by amendment to reflect actual
costs and any changes in formula.
5. The County match has been included in the Fiscal Year 1998
Budget, no additional appropriation is required.
Commissioners Minutes Continued. September 25, 1997
323
6. That the Chair of the Board is authorized to execute the
agreement and to approve minor changes and extensions not to
exceed 15% of the original award.
FINANCE AND PERSONNEL COMMITTEE
Moved by Schmid supported by Devine the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Pernick, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97197
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1997 DRAIN MAINTENANCE ASSESSMENT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the
Public Acts of 1956, as amended, also known as the Drain Code, the Oakland County
Drain Commissioner operates and maintains a number of open ditch or enclosed
drains at various locations throughout Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and
maintenance that are recoverable via assessments against the various benefitting
properties and government entities comprising the assessment rolls of the
respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to
levy assessments against Drainage Districts of drains established in accordance
with said Chapter 4, for operation, maintenance, cleanout and repair purposes,
provided such assessments not exceed $2,500.00 per mile of drain per year, or
fraction thereof; and
WHEREAS for the year 1997 the Drain Commissioner proposes to assess 38
Drainage Districts the total aggregate amount of $107,418.37 for the maintenance,
operation, cleanout and repair of 38 drains, all in accordance with the said
$2,500.00 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Drain Commissioner to assess, levy and collect for the year
1997, for the purpose of operating, maintaining, cleaning out and repairing 38
drains located in Oakland County, the total aggregate amount of $107,418.37,
being the sum total of assessments for the said year to be assessed against all
of the benefitting properties and government entities comprising the assessment
rolls of the 38 Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of 1997 Lake Level Assessments for Maintenance and Operation, 1997
Drain and Lake Level Assessment Rolls Detail Summary by Community, and 1997 Drain
and Lake Level Assessment Rolls Detail Summary by Project on file in the County
Clerk=s office.
FISCAL NOTE (Misc. #97197)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 1997 DRAIN MAINTENANCE ASSESSMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess,
levy
and
collec
t
Commissioners Minutes Continued. September 25, 1997
324
$107,4
18.37
agains
t all
benefi
tting
proper
ties
and
govern
ment
entiti
es
compri
sing
the
assess
ment
rolls
for
the
purpos
e of
operat
ing,
mainta
ining,
cleani
ng and
repair
ing 38
drains
locate
d
within
Oaklan
d
County
.
2. The County=s share of the assessment for road drainage benefit
is a one time charge of $3,934.49. Funding is available in
the Non-Departmental account for Road Commission - Drain
Assessments. No additional appropriation is required.
FINANCE AND PERSONNEL COMMITTEE
The Chairperson stated that by Statute, the resolution shall lay over for
30 days.
MISCELLANEOUS RESOLUTION #97198
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1997 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Inland Lake Level Act No. 146
of the Public Acts of 1961, as amended by Act No. 59 of the Public Acts of 1995
(Part 307), the Oakland County Drain Commissioner operates and maintains 34 level
control devices/structures and 6 lake augmentation pumps that regulate the
legally established water level of 51 lakes located within Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and
maintenance that are recoverable via assessments against the various benefitting
properties and government entities comprising the assessment rolls of the
respective Lake Level Districts; and
Commissioners Minutes Continued. September 25, 1997
325
WHEREAS Section 30722(4) of said Act No. 59 requires that the Drain
Commissioner obtain approval from the Board of Commissioners prior to levying any
lake level assessment in excess of $10,000.00 annually; and
WHEREAS for the year 1997 the Drain Commissioner proposes to assess 27
separate Lake Level Districts the total aggregate amount of $217,966.47 for
operation, maintenance and repair purposes, as itemized on the listing attached
hereto, of which 8 of the proposed assessments are in excess of the said
$10,000.00 limit, thereby requiring Board of Commissioner authorization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Drain Commissioner to assess, levy and collect for the year
1997, for the purpose of operating and maintaining the level of various lakes in
Oakland County, the total aggregate amount of $217,966.47, being the sum total of
assessments for the said year to be assessed against all of the benefitting
properties and government entities comprising the assessment rolls of the 27
separate Lake Level Districts itemized on the listing attached hereto, including
8 assessments in excess of $10,000.00.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of 1997 Drain Assessments for Maintenance and Operation on file in the
County Clerk=s office.
FISCAL NOTE (Misc. #97198)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 1997 LAKE LEVEL ASSESSMENTS FOR OPERATIONS AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess,
levy and collect $217,966.47 against all benefitting
properties and government entities comprising the assessment
rolls for the purpose of operating and maintaining the level
of various lakes located within Oakland County. Eight of the
assessments exceed $10,000 and require board approval under
Section 24 of the Inland Lake Level Act No. 146 of the Public
Acts of 1961, as amended by Act No. 52 of 1992.
2. Due to road acreage located within district limits, the
County=s share of the assessments is $1,483.52. Funding is
available in the Non-Departmental account for Road
Commissioner - Drain Assessments. No additional appropriation
is required.
FINANCE AND PERSONNEL COMMITTEE
The Chairperson stated that by Statute, the resolution shall lay over for
30 days.
REPORT (Misc. #97134)
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: HUMAN SERVICES DEPARTMENT - FAMILIES FOR THE FUTURE PRIMARY PREVENTION
PILOT PROJECT WITH OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous
Resolution #97134, on September 16, 1997, reports with the recommendation that
the resolution be adopted with the amended attachment dated September 16, 1997.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. September 25, 1997
326
Copy of Oakland County Familites for the Future Information Sheets on file
in the County Clerk=s office.
MISCELLANEOUS RESOLUTION #97134
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: HUMAN SERVICES DEPARTMENT - FAMILIES FOR THE FUTURE PRIMARY PREVENTION
PILOT PROJECT WITH OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Healthy People/Healthy Oakland initiative has made significant
strides in exploring ways to enhance health and human services in Oakland County;
and
WHEREAS the fastest growing segment of the workforce is mothers of children
under age one; and
WHEREAS Oakland County government and Oakland Schools have a shared vision
for all families of very young children; and
WHEREAS Oakland Intermediate School District and the County of Oakland are
joining together to fund the Families for the Future Primary Prevention Pilot
Project which is designed to assist families of children aged birth to 3 years;
and
WHEREAS the purpose is to ensure that families of very young children have
the resources necessary for optimal development of these young children; and
WHEREAS the Families for the Future Primary Prevention Pilot Project has
secured or is in the process of securing funding for this project from various
sources; and
WHEREAS funding has been requested from Oakland County to assist in the
establishment and implementation of this pilot project in the amount of
$30,000.00.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves entering into a funding agreement with Oakland Intermediate School
District to fund the Families for the Future Primary Prevention Pilot Project.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Families for the Future Proposal for Primary
Prevention Program, May 20, 1997, on file in County Clerk=s office.
FISCAL NOTE (Misc. #97134)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN SERVICES DEPARTMENT - FAMILIES FOR THE FUTURE PRIMARY PREVENTION
PILOT PROJECT WITH OAKLAND SCHOOLS
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 Oakland County government and Oakland Intermediate Schools
are joining together to fund the Families of the Future
Primary Prevention Pilot Project, which is designed to assist
families of children aged birth to 3 years with resources
necessary for optimal development.
2) The cost of this pilot project is anticipated to range between
$119,000 and $132,500.
3) The potential sources of funding amounts to a total of
$120,000, of which $30,000 has been requested of Oakland
County to contribute towards the establishment and
implementation of this pilot project.
4) It is recommended that a funding agreement be established
between Oakland County and the Oakland Intermediate School
District to fund the Families for the Future Primary
Prevention Pilot Project.
5) It is further recommended that upon entering into such an
agreement, the budget be amended as follows:
Commissioners Minutes Continued. September 25, 1997
327
4-10100-909-01-00-9901 Contingency ($ 30,000)
4-10100-161-01-00-3218 Human Svcs-
Professional Svcs. $ 30,000
Total $ - 0 -
6) An additional request for $30,000 for Fiscal Year 1998 is
anticipated with no further requests expected thereafter.
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Amos the Public Services Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Amos the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Palmer,
Pernick, Taub, Amos, Coleman, Devine, Douglas, Garfield, Holbert, Jacobs. (16)
NAYS: Johnson, Moffitt, Obrecht, Schmid, Wolf, Dingeldey, Jensen. (7)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97106)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROHIBITION OF TRANSFER OF COMMUNITY RESIDENTIAL SERVICES (CRS) FROM
MACOMB OAKLAND REGIONAL CENTER (MORC) TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH
(CMH)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on July 10, 1997, recommends that, due to the uncertainty of the
financial impact this action would have on the Community Mental Health Services
fiscal budget, this resolution not be adopted.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
REPORT (Misc. #97106)
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: PROHIBITION OF TRANSFER OF COMMUNITY RESIDENTIAL SERVICES (CRS) FROM
MACOMB OAKLAND REGIONAL CENTER (MORC) TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH
(CMH)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed on June 4, 1997,
Miscellaneous Resolution #97106, entitled, AProhibition of Transfer of Community
Residential Services (CRS) from Macomb Oakland Regional Center (MORC) to Oakland
County Community Mental Health (CMH)@ reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #97106
BY: Dan Devine, Jr., Commissioner, District #14
IN RE: PROHIBITION OF TRANSFER OF COMMUNITY RESIDENTIAL SERVICES (CRS) FROM
MACOMB OAKLAND REGIONAL CENTER, INC. (MORC) TO OAKLAND COMMUNITY MENTAL HEALTH
(CMH)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 25, 1997
328
WHEREAS the Oakland County Community Mental Health Board (CMH) has
authorized the transfer of Community Residential Services (CRS) from Macomb
Oakland Regional Center, Inc. (MORC) to the CMH Quadrants; and
WHEREAS CRS provides residential services and clinical support to 330
Oakland County adults with serious and persistent mental illnesses; and
WHEREAS MORC, Inc. has done and is doing an exemplary job of serving the
CRS population; and
WHEREAS the consumers of CRS and their families are opposed to the transfer
because they are fully satisfied with MORC, Inc.; and
WHEREAS CMH has not developed an adequate plan to accept the responsibility
for CRS so as to appropriately provide care to the CRS population; and
WHEREAS the proposed transfer of CRS from MORC, Inc. to CMH is not in the
best interest of the consumers or the taxpayers because the tumult may cause
immediate and irreparable harm to certain members of the CRS population.
NOW THEREFORE BE IT RESOLVED that CMH be blocked and prohibited from
transferring CRS from MORC, Inc. to the CMH quadrant system.
Chairperson, I move the adoption of the foregoing resolution.
Dan Devine, Jr., District #14
Moved by Pernick supported by Amos the resolution be referred back to the
Public Services Committee.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Pernick, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (23)
NAYS: Devine. (1)
A sufficient majority having voted therefor, the motion carried and the
resolution was referred back to the Public Services Committee.
REPORT (Misc. #97175)
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - REQUEST THAT THE OAKLAND COUNTY BOARD OF
COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous
Resolution #97175, on September 16, 1997, reports with the recommendation that
the resolution and amendment introduced by Commissioner Moffitt be adopted.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #97175
BY: Commissioners Fran Amos, John Garfield, JoAnne Holbert and Charles Palmer
IN RE: COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF
COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Community Mental Health Board is charged by the law of the
State of Michigan with the oversight and delivery of mental health services to
the most severely handicapped citizens of need in our community; and
WHEREAS over the past several months concerns have been raised over the
delivery of mental health services; and
WHEREAS this concern on the part of some vendors, employees, elected
officials, our citizens and most importantly our consumers cannot be ignored; and
WHEREAS in response to these concerns the Community Mental Health Board has
requested the conduction of an outside Performance Audit.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby request that an outside objective performance audit be conducted to
assist in identifying and resolving any outstanding issues in a professional and
open manner.
Commissioners Minutes Continued. September 25, 1997
329
BE IT FURTHER RESOLVED that we request that this audit be completed as soon
as possible, but not later than the end of the contract period for the Director
of the Community Mental Health Board which ends August 13, 1998.
BE IT FURTHER RESOLVED that copies of the findings from this Performance
Audit be shared with both the Oakland County Board of Commissioners and the
Community Mental Health Board.
Chairperson, we move the adoption of the foregoing resolution.
Fran Amos, John Garfield,
JoAnne Holbert, Charles Palmer
BY: David L. Moffitt, District #18
AMENDMENT TO: Miscellaneous Resolution #97175
COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF
COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH
Amend the ANOW THEREFORE BE IT RESOLVED@ paragraph after Aobjective
performance audit@ by inserting A.....with criteria, objectives, and an RFP as
specified by the Board of Commissioners.....@
Add a new first BE IT FURTHER RESOLVED paragraph:
ABE IT FURTHER RESOLVED that the Audit Committee of the Oakland
County Board of Commissioners prepare proposed objectives and criteria to
be incorporated into the RFP for said performance audit.@
David L. Moffitt
Commissioner, District #18
Moved by Taub supported by Coleman the Public Services Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Coleman the resolution be adopted.
Moved by Moffitt supported by Taub the resolution be amended to coincide
with the recommendation in the Public Services Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Pernick supported by Coleman the resolution be referred to the
Finance and Personnel Committee.
A sufficient majority having voted therefor, the motion carried and the
resolution, as amended, was referred to the Finance and Personnel Committee.
REPORT (Misc. #97177)
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - CENSURE OF OAKLAND COUNTY COMMUNITY MENTAL
HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous
Resolution #97177, on September 16, 1997, reports with the recommendation that
the resolution be adopted with the following amendment:
Add the words >AND EXECUTIVE DIRECTOR FORTHWITH= to the end of the
first BE IT FURTHER RESOLVED paragraph.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #97177
BY: Commissioner Dan Devine, Jr.
IN RE: COMMUNITY MENTAL HEALTH - CENSURE OF OAKLAND COUNTY COMMUNITY MENTAL
HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 25, 1997
330
WHEREAS the Oakland County Board of Commissioners approved Oakland County
Community Mental Health entering into a full management contract with the State
of Michigan in 1994, in order to improve the delivery of mental health services;
and
WHEREAS the Oakland County Board of Commissioners has approved the addition
and transfer of more than 80 positions to the Community Mental Health operation
to assist the Community Mental Health (CMH) Board and its administration to
improve mental health services to County residents; and
WHEREAS contemporaneously with the full management contract, the Community
Mental Health Board entered into an employment contract with Sandra Lindsey as
the Director of Community Mental Health; and
WHEREAS the Board of Commissioners has appointed numerous task forces and
ad hoc committees to assist the CMH Board and its Director to improve the
Community Mental Health program; and
WHEREAS the Chairperson of the Board of Commissioners and other County
Commissioners have repeatedly met with officials of the State Community Health
Department to assist the CMH Board and administration with funding disputes; and
WHEREAS the Board of Commissioners, acting on citizen complaints has held
public hearings on the creation of a CMH Authority, and has taken the initial
steps to create such an authority; and
WHEREAS the Board of Commissioners, acting on citizen complaints has
enacted Resolution #97127, which precludes Technical Treatment Innovations, Inc.
(TTI) in any fashion from the administration of the Shelter Plus Care Program For
Rental Subsidies From the U.S. Department of Housing and Urban Development and
rejected the conclusions contained in the May 28, 1997, communication from the
Community Mental Health Board that there is no connection between the Wilson Home
issue and the use of TTI as a provider; and
WHEREAS despite the Board of Commissioners= action through
Resolution #97127, the Oakland County Community Mental Health Board took action
to endorse TTI as a provider, and has continued to employ them without signed
contracts and the CMH administration has purposely stalled the rebidding of
expiring contracts in order to keep TTI as a favored provider; and
WHEREAS ill-conceived management decisions under the CMH Board and it
Director have caused the formation of a collective bargaining unit by long-term
CMH employees; and
WHEREAS advocacy groups, citizens, and employees have brought complaints
against the CMH Board and its Director to the Board of Commissioners; and
WHEREAS the request of the Chairperson of the Board of Commissioners= to
defer action on the adoption of a new contract for the Director until after the
August 14, 1997 Board of Commissioners meeting was ignored and disregarded by the
Community Mental Health Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby declares that it has no confidence in the Oakland County Community Health
Board and its Director.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby requests the
immediate resignation of the Oakland County Community Mental Health Board.
BE IT FURTHER RESOLVED that the County Clerk mail certified copies of this
resolution to all members of the Oakland County Community Mental Health Board.
Chairperson, we move the adoption of the foregoing resolution.
Dan Devine, Jr.
Commissioner, District #14
Moved by Law supported by Kingzett the resolution be postponed until the
October 23, 1997 Board meeting.
The Chairperson stated a AYES@ vote would postpone action; a ANO@ vote
would not.
AYES: Kingzett, Law, McPherson, Millard, Pernick, Wolf, Coleman, Devine,
Jensen, Kaczmar. (10)
NAYS: McCulloch, Obrecht, Palmer, Schmid, Taub, Amos, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Johnson. (13)
A sufficient majority not having voted therefor, the motion to postpone
failed.
Commissioners Minutes Continued. September 25, 1997
331
Moved by Palmer supported by Amos the resolution be referred back to the
Public Services Committee.
AYES: McCulloch, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Johnson. (13)
NAYS: Law, McPherson, Millard, Moffitt, Pernick, Coleman, Devine, Jacobs,
Jensen, Kaczmar, Kingzett. (11)
A sufficient majority having voted therefor, the motion carried and the
resolution was referred to the Public Services Committee.
MISCELLANEOUS RESOLUTION #97199
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: PROSECUTING ATTORNEY - APPLICATION AND ACCEPTANCE OF THE 1998 COOPERATIVE
REIMBURSEMENT PROGRAM AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Prosecuting Attorney wishes to renew the
Cooperative Reimbursement Program Contract with the Michigan Department of Social
Services, Office of Child Support; and
WHEREAS the Michigan Department of Social Services, Office of Child Support
has notified the Oakland County Prosecuting Attorney that the Cooperative
Reimbursement Program Contract for the period October 1, 1997 through
September 30, 1998 has been approved in the amount of $1,516,384 for the total
program; and
WHEREAS the contract renewal will maintain proportionate funding levels of
$1,100,689 (73%) by the State and $415,695 (27%) by the County for a total
program $1,516,384 which is equal to the Fiscal Year 1997 award annualized for 12
months; and
WHEREAS the application and award reflect no personnel changes; and
WHEREAS the required County match of $415,695 is available in the Fiscal
Year 1998 Adopted Budget under the Prosecuting Attorney's Grant Match line item;
and
WHEREAS acceptance of this contract 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 contract renewal for the Prosecuting Attorney's Cooperative
Reimbursement Program in the total amount of $1,516,384 for the period of
October 1, 1997 through September 30, 1998 (State: $1,100,689 (73%); County
match: $415,695 (27%)).
BE IT FURTHER RESOLVED that the Fiscal Year 1998 Adopted Budget is amended
to reflect the grant funding as detailed in Schedule A.
BE IT FURTHER RESOLVED that future level of service, including personnel,
will be contingent upon the level of funding available from the State for this
program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the contract agreement and to approve amendments and
extensions up to fifteen (15%) percent variance from the award, consistent with
the original agreement as approved.
Chairperson, on behalf of the 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. #97199)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - APPLICATION AND ACCEPTANCE OF THE 1998 COOPERATIVE
REIMBURSEMENT PROGRAM AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 25, 1997
332
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 acceptance of a renewal contract with the
Michigan Department of Social Services, Office of Child Support in
the amount of $1,516,384.
2) The contract is effective October 1, 1997 through
September 30, 1998.
3) The Fiscal Year 1998 program total of $1,516,384 maintains the ratio
of funding levels of 73% by the State ($1,100,689) with a 27% grant
match by the County ($415,695).
4) Sufficient funding is available in the Prosecutor=s Grant Match line
item for Fiscal Year 1998 for the County=s portion of the program.
No additional appropriation is required.
5) The award is equal to the nine month Fiscal Year 1997 award
annualized for twelve months. Program year changes to the budget to
reflect actual costs or formula changes will be reflected by an
amendment to the contract.
6) The Chairperson of the Board of Commissioners is authorized to
execute the agreement and to approve minor changes and extensions
not to exceed 15% of the original award.
7) The Fiscal Year 1998 Budget shall be amended as outlined on the
attached Schedule A.
FINANCE AND PERSONNEL COMMITTEE
Copy of attached Schedule A on file in the County Clerk=s office.
Moved by Taub supported by Huntoon the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97200
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: PROSECUTING ATTORNEY - CREATION OF ONE (1) GOV VICTIM SERVICES SUPERVISOR
POSITION AND RELATED PERSONNEL ACTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Prosecuting Attorney has recently had the opportunity to review
the function and staffing needs of the Victim/Witness Unit; and
WHEREAS the Victim/Witness Unit is currently focused on meeting all legal
requirements of the Crime Victim Rights Act regarding victim notification and
information regarding the court process; and
WHEREAS the unit is not sufficiently qualified nor currently staffed to
meet the emotional and crisis-related needs of adult victims of crime; and
WHEREAS this situation also makes successful prosecutions more difficult;
and
WHEREAS the State of Michigan Crime Services Commission has recently
recognized this need, and extended funding of $45,000 for additional
Victim/Witness staff, provided a clerical position was also added to the unit.
The Prosecutor has identified a Typist II position in the Executive Staff unit
for transfer to the Victim/Witness Unit, and proposes a new classification and
position of Victim Services Supervisor to utilize the new funding; and
WHEREAS the current Victim Advocate Supervisor position would be retitled
to Victim Rights Leader with no change in salary grade, and continue to assist
the department in meeting the legal requirements of the Crime Victim Rights Act;
and
WHEREAS the funding of $45,000 from the State Crime Services Commission
would partially offset 1997 position salary and fringe costs of $58,254, leaving
a County requirement of $13,254, or 23%.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the following staffing changes:
Commissioners Minutes Continued. September 25, 1997
333
1.) A new classification and GOV position of Victim Services
Supervisor at salary grade 13, regular overtime, be created in
the Victim/Witness Unit of the Prosecuting Attorney.
2.) The Victim Advocate Supervisor position be re-titled to Victim
Rights Leader with no change in salary grade.
BE IT FURTHER RESOLVED that continuation of this position is based on
future funding availability.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #97200)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY - CREATION OF ONE (1) GOV VICTIM SERVICES SUPERVISOR
POSITION, AND RELATED PERSONNEL ACTIONS
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 creation of one governmental
funded Victim Services Supervisor position at a salary
grade 13 and the retitling of the Victim Advocate Supervisor
position to Victim Rights Leader.
2) Creation of this position will allow the Victim/Witness Unit
to better address the emotional and crisis related needs of
adult crime victims.
3) The total cost of this position for Fiscal Year 1998 and
Fiscal Year 1999 is $59,492 annually, which will be partially
offset by an annual increase of $45,000 in revenue from the
State appropriation for the Victim Witness program.
4) The Fiscal Year 1998 and Fiscal Year 1999 Budgets shall be
amended as follows:
Revenue
3-10100-411-01-00-2590 State Approp.
- Victim Witness $45,000
Expenditure
4-10100-901-01-00-9900 Contingency ($14,492)
4-10100-411-01-00-1001 Salaries 41,545
4-10100-411-01-00-2074 Fringe Benefits 17,947
$45,000
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Holbert the resolution be adopted.
AYES: McPherson, Moffitt, Obrecht, Palmer, Pernick, Schmid, Taub, Wolf,
Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97201
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: SHERIFF=S DEPARTMENT - DISPOSITION OF PROPERTY HELD BY SHERIFF
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff of Oakland County, by letter of September 1, 1997 has
requested authority from this Board to dispose of recovered and stolen property
which has been unclaimed for six months or more after recovery, such authority
being necessary pursuant to the provisions of Act 54 of the Public Act of 1959,
as amended; said recovered and stolen property to be disposed of by manner of
public auction to be held, Saturday, October 4, 1997.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Sheriff of Oakland County to dispose of such unclaimed recovered
stolen property in the manner prescribed in Act 54 of the Public Acts of 1959, as
amended.
Commissioners Minutes Continued. September 25, 1997
334
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of County of Oakland Inventory Sheet Spring/Fall Auctions on file in
the County Clerk=s office.
Moved by Taub supported by Garfield the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97185
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF ORION 1996-1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Orion Township has contracted with the Oakland County Sheriff=s
Department to provide law enforcement services for the Township (Miscellaneous
Resolution #95316); and
WHEREAS paragraph 23 of this contract provides that an amendment to this
contract must be approved by concurrent resolutions of both the Oakland County
Board of Commissioners and the Orion Township Board; and
WHEREAS Orion Township has approved a proposed amendment to the contract
(Schedule A - Sheriff=s Deputies Contracted) which would add one (1)
Patrol Sergeant being contracted and add two (2) Deputy II (no-fill) resulting in
a new total of nine (9) Deputy II=s (no-fill) being contracted and bring the
total number of contracted deputies to twenty-four (24); and
WHEREAS the Sheriff has agreed to add one (1) Patrol Sergeant and two (2)
Deputy II (no-fill) contracts for Orion Township under the terms of this
contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of
the Oakland County Sheriff=s Department 1996-1998 Law Enforcement Services
Agreement with the Charter Township of Orion to add one (1) Patrol Sergeant and
increase the number of Deputy II (no-fill) from seven (7) to nine (9).
BE IT FURTHER RESOLVED that one (1) Sergeant position and two (2) Deputy II
positions be created in the Contracted Patrol Unit, Protective Services Division,
of the Sheriff=s Department.
BE IT FURTHER RESOLVED that one (1) patrol vehicle with mobile and prep
radios be added to the County fleet.
BE IT FURTHER RESOLVED that this amendment will take effect on
September 27, 1997.
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 the County Clerk=s office.
FISCAL NOTE (Misc. #97185)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
THE CHARTER TOWNSHIP OF ORION 1996-1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The Charter Township of Orion has requested an amendment to their
Law Enforcement Services Contract with the Sheriff, effective
Commissioners Minutes Continued. September 25, 1997
335
September 27, 1997, by adding one (1) Patrol Sergeant and two (2)
Deputy II (no-fill) positions.
2. This change will increase the total number of officers contracted to
Orion Township to twenty-four (24).
3. The new position will require the creation of one (1) Patrol
Sergeant and two (2) Deputy II positions in the Contracted Patrol
Unit, Protective Services Division of the Sheriff=s Department. It
will also be necessary to purchase one (1) patrol vehicle, one (1)
portable hand-held radio, and one (1) mobile data terminal.
4. This change will cause an increase in budgeted revenue and
expenditures of $257,278 for Fiscal Year 1998 and Fiscal Year 1999.
5. There will be a one-time capital cost of $27,558 that will come out
of the Fiscal Year 1998 non-departmental Contingency account.
6. The Fiscal Year 1998 and Fiscal Year 1999 budget should be amended
per the attached worksheet.
FINANCE AND PERSONNEL COMMITTEE
Copy of attached worksheets on file in County Clerk=s office.
Moved by Taub supported by Obrecht the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97202
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - EXTENSION OF TRAINING AND TREATMENT
INNOVATIONS, INC. (TTI) CONTRACTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are six (6) TTI contracts that expire September 30, 1997,
which are designated as follows:
1. PO0807, Habilitative Supports Waiver Exception
2. PO0661, Homeless/Path
3. PO0710, Child Model Waivers
4. PO0645, Parent Training DD
5. PO0411, E.I. Parent Training
6. PO0339, Support Housing and Rivercrest; and
WHEREAS continued services are required by the consumers to meet their
individual needs and to ensure continuity of care; and
WHEREAS litigation has been filed by TTI in the United States District
Court for the Eastern District of Michigan, Southern Division, Case No. 97-
74696; and
WHEREAS Sandra Lindsey, Oakland County Community Mental Health Director,
has indicated to Board of Commissioners= counsel, William P. Hampton, that she
will be unable to procure new vendors by September 30, 1997, but that with a
thirty (30) day extension of the contract date, new vendors may be found; and
WHEREAS the Oakland County Board of Commissioners= resolutions require that
the Board of Commissioners must approve any continuation of TTI contracts or any
new agreements with TTI; and
WHEREAS Board counsel, William P. Hampton, has recommended a thirty (30)
day continuance of the expiration date on the aforesaid contracts and further
represents that TTI=s counsel will agree to an extension of thirty (30) days on
the existing contracts with the understanding to be set forth in writing that
such extension will not prejudice TTI, the County of Oakland, the Board of
Commissioners, Oakland County Community Mental Health and/or the 15 individual
defendant Commissioners= respective positions in the pending federal court
litigation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby authorize the Chairperson of the Community Mental Health Board to
sign a thirty (30) day extension of contract for PO0807, PO0661, PO0710, PO0645,
Commissioners Minutes Continued. September 25, 1997
336
PO0411 and PO0339 through October 30, 1997, which extension will be in the form
of a letter of understanding agreement being reviewed by the Board=s counsel,
William P. Hampton, and receipt by the Board of Commissioners of official
notification from the Oakland County Community Mental Health Board that it has
officially directed the open and competitive bidding of these contracts for the
future and Sandra Lindsey, Oakland CMH Director, will expedite the process of
securing new vendors for these contracts.
BE IT FURTHER RESOLVED that except as specifically provided in this
resolution, Miscellaneous Resolutions No. 97127, as amended, and No. 97155
remain in full force and effect.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Taub supported by Garfield the resolution be adopted.
Moved by Moffitt supported by Law the resolution be amended in the NOW
THEREFORE BE IT RESOLVED paragraph, so the paragraph reads, as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby authorize the Chairperson of the Community
Mental Health Board to sign a thirty (30) day extension of contract for
PO0807, PO0661, PO0710, PO0645, PO0411 and PO0339 through October 30,
1997, which extension will be in the form of by a letter of understanding
agreement being reviewed in form approved by the Board=s counsel,
William P. Hampton, and contingent upon receipt by the Board of
Commissioners of official notification from the Oakland County Community
Mental Health Board that it has officially directed the open and
competitive bidding of these contracts for the future and that officially
directed Sandra Lindsey, Oakland CMH Director, will to expedite the
process of securing new vendors for these contracts.
Moved by Jacobs supported by Dingeldey to further amend by changing the
thirty (30) day extension to sixty (60) days.
Community Mental Health Director Sandra Lindsey addressed the Board to
clarify the thirty (30) day issue.
Discussion followed.
Robert Daddow, Director of Management and Budget, explained Purchasing
Division=s Competitive Bidding Process.
Discussion continued.
Corporation Counsel Gerald Poisson addressed the Board.
Vote on Jacob=s amendment:
AYES: Palmer, Powers, Schmid, Amos, Dingeldey, Garfield, Holbert, Huntoon,
Jacobs. (9)
NAYS: Obrecht, Pernick, Taub, Wolf, Coleman, Devine, Douglas, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt. (15)
A sufficient majority not having voted therefor, the amendment failed.
Vote on Moffitt=s amendment:
AYES: Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Moffitt, Obrecht. (22)
NAYS: Holbert, McPherson. (2)
A sufficient majority having voted therefor, the amendment carried.
Commissioners Minutes Continued. September 25, 1997
337
Discussion followed.
The Chairperson assured Commissioner Law that he would instruct the
Chairperson of the Community Mental Health to move forward with the process and
keep him informed on a daily basis; he, in turn, will keep the commissioners
apprised.
Vote on resolution, as amended:
AYES: Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer. (22)
NAYS: Holbert, McPherson. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97186
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - 1997 BUDGET AMENDMENTS FOR
APPROVED OFFICE AUTOMATION PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #94009 (Department of Information
Technology - 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 1997, Fiscal Year 1998 Biennial Budget as detailed in
the attached Information Technology Office Automation Schedule for projects
approved in the second quarter of 1997.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
Copy of Information Technology=s Office Automation Schedule - Second
Quarter, 1997 on file in the County Clerk=s office.
FISCAL NOTE (Misc. #97186)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - SECOND QUARTER 1997 BUDGET
AMENDMENTS FOR APPROVED OFFICE AUTOMATION PROJECTS
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 Strategic Planning Committee has approved various office
automation projects during the second quarter of 1997.
2. The cost, to the governmental funds, of implementing and operating
the new technology is $302,752 in 1997, $598,844 in Fiscal Year 1998,
as detailed on the attached schedule.
3. Funds are available in the non-departmental Office Automation
account to cover the cost to the governmental funds. The 1997 and
1998 Budget should be amended, as detailed on the
attached schedule, to cover the cost of the approved office
automation projects.
FINANCE AND PERSONNEL COMMITTEE
Commissioners Minutes Continued. September 25, 1997
338
Copy of Information Technology=s Office Automation Schedule - Second
Quarter, 1997 on file in the County Clerk=s office.
Moved by Jensen supported by Wolf the resolution be adopted.
AYES: Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, Moffitt, Obrecht, Pernick. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97187
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - SECOND QUARTER 1997 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 Second
Quarter 1997 data processing development charges to be $573,626 and the imaging
development charge to be $698 for the governmental fund County departments; and
WHEREAS direct charges to non-governmental fund departments and non-County
agencies are $455,882 for the Second Quarter 1997; 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 Second Quarter 1997 Data Processing Development and approves the
second quarter appropriation transfer.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
Copy of Data Processing Development Summary, 2nd Quarter 1997 on file in
the County Clerk=s office.
FISCAL NOTE (Misc. #97187)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - SECOND QUARTER 1997 DEVELOPMENT
APPROPRIATION TRANSFER
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. Information Technology has completed second quarter Data Processing
Development for governmental fund County departments and requests an
appropriation transfer to the user departments.
2. The transfer has been reviewed by the Strategic Planning Committee.
3. The 1997 Biennial Budget should be amended, per the attached
document entitled Information Technology Data Processing Development
Summary.
4. 1997 Second Quarter Development for the 100% Tax Payment Fund equals
$272,894. This amount reflects a direct reduction of the
Information Technology Professional Services line-item which was not
budgeted. The following budget amendment is required to restore the
line-item.
Revenue
3-63600-181-01-00-2349 Non-Govt. Develop. $272,894
Commissioners Minutes Continued. September 25, 1997
339
Expense
4-63600-182-01-00-3128 Professional Serv. $272,894
$ -0-
FINANCE AND PERSONNEL COMMITTEE
Copy of Information Technology Data Processing Development Summary, 2nd
Quarter 1997 on file in the County Clerk=s office.
Moved by Jensen supported by Douglas the resolution be adopted.
AYES: Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
McCulloch, Moffitt, Obrecht, Pernick, Powers. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97203
BY: Strategic Planning Committee, Dennis Powers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF HARDWARE, SOFTWARE AND
SYSTEM SUPPORT FOR IMPLEMENTATION OF PHASE I OF THE ENTERPRISE WIDE LAN-BASED
IMAGING SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County has identified the potential need for document imaging
throughout the County as an alternative to manage the storage of paper documents;
and
WHEREAS the current imaging system has a number of problems including:
1. It is aging, unreliable, out-of-date, and requires significant
investment to continue vendor support,
2. Not meeting the technological and operational requirements of the
Oakland County Friend of the Court and the County Clerk=s office
including not allowing those offices access to the County=s standard
network,
3. Not being expandable to allow imaging at additional County
departments; and
WHEREAS proposals were submitted in response to a Request for Proposal
(RFP) that recommend replacement of the existing AS/400-based imaging system with
a LAN-based imaging system; and
WHEREAS the Department of Information Technology, upon the recommendation
of a cross-departmental bid evaluation team, has identified Pyramid Solutions of
Troy, Michigan, as a result of the issuance of a request for proposal and
evaluation of submitted proposals; and
WHEREAS the estimated cost to replace the current imaging system with a
LAN-based imaging system is approximately $3,341,347.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the acquisition of a LAN-Based Imaging System.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97204
BY: Commissioner John P. McCulloch and Commissioner Lawrence R. Pernick
IN RE: COMMUNITY MENTAL HEALTH CODE - APPOINTMENT OF DIRECTOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan=s Mental Health Code, Act 258 of 1974, as
amended, prescribes the powers and duties of certain state and local agencies and
Commissioners Minutes Continued. September 25, 1997
340
officials and certain private agencies and individuals to regulate agencies and
facilities providing mental health services; and
WHEREAS Chapter 2 of the Mental Health Code provides that the Aprocedures
and policies for a county community mental health agency shall be set by the
board of commissioners@ and that Athe county board of commissioners shall
determine the procedures and policies that shall be applicable to the agency@;
and
WHEREAS the Mental Health Code under Article 330.1226, Section 226(3)
provides that Ain the case of a county community mental health agency, the
initial appointment by the board of an individual as executive director is
effective unless rejected by a two-thirds vote of the county board of
commissioners within 15 calendar days@; and
WHEREAS the Oakland County Board of Commissioners feels that the public
interest will be better served if the Board of Commissioners has an opportunity
to either accept or reject both the appointment and re-appointment of the
Executive Director of the County Community Mental Health agency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports an amendment to Article 330.1226, Section 226(3) of the Michigan Mental
Health Code deleting the word Ainitial@ from line one and making the section read
as follows:
(3) In the case of a county community mental health agency, the
appointment by the board of an individual as executive director is
effective unless rejected by a 2/3 vote of the county board of
commissioners within 15 calendar days.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the
Michigan Department of Community Health, the Governor, the Michigan Legislature,
the Michigan Association of Counties, the Michigan Association of Community
Mental Health Boards and to Oakland County=s legislative agents.
Chairperson, I move the adoption of the forgoing resolution.
John P. McCulloch, Lawrence R. Pernick
The Chairperson referred the resolution to the Public Services Committee
and the General Government Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT COMMITTEE
a. Village of Lake Orion - Oppose Auburn Hills Casino
b. City of Lake Angelus - Oppose Auburn Hills Casino
c. MAC - Resolutions for Tobacco Preemption Repeal
d. Senator John Cherry - Response to Letter regardng Allocation of
Revenues Generated from Registration Fees on Watercraft and
Snowmobiles
There were no objections to the referrals.
The meeting adjourned at 1:51 P.M. to the call of the Chair or
October 9, 1997.
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson