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HomeMy WebLinkAboutMinutes - 1997.11.20 - 8240 401 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 20, 1997 Meeting called to order by Vice Chairperson Ruth Johnson at 10:17 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf. (22) ABSENT: Devine, Kaczmar (both with notice). (2) Quorum present. Invocation given by Commissioner Charles Palmer. A moment of silence was observed in memory of Commissioner Lawrence Pernick, who passed away on November 6, 1997. Pledge of Allegiance to the Flag. Moved by Wolf supported by Powers the minutes of the November 6, 1997 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Huntoon the rules be suspended and the agenda be amended, as follows. ITEM ON PRINTED AGENDA PUBLIC SERVICES COMMITTEE c. E911 and Radio Communications Network - Support for an Outside Needs Assessment Study and Related Recommendation (Reason for suspension for Public Services Committee, item c: Waiver of Rule XII(E). Direct Referral to Finance/Personnel Committee) Commissioner John Garfield introduced Dr. Robert Iverson, who addressed the Board to acknowledge and give thanks to the Sheriff=s Department and the Prosecutor=s Office for their professionalism and dedication in the homicide investigation of his wife Dr. Deborah Iverson. Commissioner John Garfield presented a proclamation to Prosecutor David Gorcyca, Chief Assistant Prosecutor John O=Brien II and his staff for their selfless spirit, dedicated community service and for demonstrating distinguished Commissioners Minutes Continued. November 20, 1997 402 legal professionalism in the Dr. Deborah Inverson homicide investigation. Commissioner John Garfield presented a proclamation to Captain Damon Shields, accepting on behalf of Sheriff John Nichols, Henry Buffa, Thomas Quisenberry, Michael McCabe, William Kucyk, Robert Smith, Lydia Cantu, Terry Cashman, Rob Charlton, Judy D=Alessandro, Marcie Giroux, William Harvey, Kenneth Hurst, John Jacob, James Karr, Mark Mackie, Gary Miller, Phyllis O=Conner, Gordon Pizzini, Kurt Robinson, Michael Sutton and himself for their selfless spirit, dedicated community service and for demonstrating distinguished law enforcement professionalism in the Dr. Deborah Iverson homicide investigation. Captain Shields thanked the Board of Commissioners for the recognition and gave special recognition to Sergeants Gordon Pizzini, William Harvey, Gary Miller and Michael Sutton, who were the lead investigator=s on the case. Chief Assistant Prosecutor John O=Brien thanked the Board of Commissioners for the recognition and gave special recognition to John Skrzynski and all others involved for all their hard work in the investigation. Commissioner JoAnne Holbert presented a proclamation to Betsy Fitzgerald and Selvy Hall, proclaiming December 1, 1997, as AIDS Awareness Day in Oakland County to recognize the 10th Annual World AIDS Day. Betsy Fitzgerald, representative from the AIDS Council of Oakland County, invited the Board of Commissioners to celebrate this momentous day at the interfaith service to be held at St. Benedict=s Catholic Church on December 1, 1997, as a special tribute to Lawrence Pernick, who dedicatedly worked to fight this disease. Deputy Clerk G. William Caddell read a communication from Springfield Township Clerk Nancy Strole in regards to County funded road improvements. Oakland County Executive L. Brooks Patterson addressed the Board and provided Commissioners with an informational packet entitled Your Private Well , copy of which is on file in the County Clerk=s office. Deputy County Executive Ken Rogers, Henry Gleisner and Corporation Counsel Gerald Poisson also addressed the Board. Commissioner Fran Amos updated the Board on the Community Mental Health Board issues. MISCELLANEOUS RESOLUTION #97246 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER====S OFFICE - AUTHORIZED DEPOSITORIES FOR PUBLIC MONIES To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS State of Michigan, Public Act 40 of 1942, as amended, requires the Board of Commissioners to provide by resolution for the deposit of all public monies coming into the hands of the County Treasurer; and WHEREAS the Board of Commissioners= Miscellaneous Resolutions #6836, #7045, #7428, #8030, #84150, #89005, and #92155 have authorized depositories; and WHEREAS this miscellaneous resolution will supersede all of the other miscellaneous resolutions mentioned above; and WHEREAS many of the depositories have changed names, merged or combined with other depositories. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates the following named financial institutions as authorized depositories for public monies held by the County Treasurer: The Bank of Bloomfield Hills Huntington Bankshares Inc. Citizens Banking Corporation Madison Bank Corporation Comerica Incorporated Metro Bancorp Inc. Crestmark Financial Corporation Michigan Heritage Bank D&N Financial Corporation Michigan National Bank Commissioners Minutes Continued. November 20, 1997 403 Fentura Bancorp Inc. Midwest Guaranty Bancorp Inc. Fidelity Financial Corporation First Chicago-NBD Corporation First Federal of Michigan Old Kent Financial Corp. First Michigan Bank Corporation Oxford Bank Corporation First of America Bank Corporation Republic Bancorp Inc. Flagstar Bank Standard Federal Bank Franklin Bank NA Sterling Savings Bank & Trust Great Lakes National Bank of Michigan BE IT FURTHER RESOLVED that the authorized depositories are hereby authorized to honor all checks, electronic transfers, or other automated instruments for payment of money drawn on the various accounts when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the County of Oakland or his designated deputies. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Jensen the resolution be adopted. AYES: Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97247 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1997 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports, approved by the Board of Commissioners for Grades 1-21, provide a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Third Quarterly Report for 1997 was submitted to the Finance and Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS the Finance and Personnel Committee has reviewed and approved this report; and WHEREAS the annual cost of the recommended salary grade placement changes for Governmental positions is $43,102 for remainder of Fiscal Year 1998 and $50,939 for Fiscal Year 1999; and WHEREAS funding is available to implement the recommended salary grade changes for the Governmental positions in the Classification and Rate Change Account. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the Salary Administration Third Quarterly Report for 1997 which includes the following personnel actions: Salary Grade Classification From: To: Location-Position District Court Recorder - Reclassify two positions to new class titled District Court Recorder I, No OT 9 9 32401-06691, 32401-02321 Reclassify eight positions to new class titled District Court Recorder II, No OT 9 10 32201-00459, 32201- 00967 32201-02150, 32301-02560 32401-01807, 32501-01236 32501-02747, 32501-01546 Commissioners Minutes Continued. November 20, 1997 404 Chief Court Service Officer/FOC 12 13 31201-01363 Chief Deputy Register of Deeds 14 15 21401-01083 Chief Deputy County Clerk 14 15 21201-00785 Office Supv II Reclassify one position to new class titled Supv-Register of Deeds, Reg OT 10 11 21401-00909 Clerk III Reclassify six positions to new class titled Real Estate Recording Clerk, Reg OT 5 6 21401-00510, 21401-02769 21401-02796, 21401-03461 21401-06039, 21401-06134 Office Supv II Reclassify one position to new class titled Supv-Pros. Attorney Admin Servs, Reg OT 10 11 41101-03020 BE IT FURTHER RESOLVED that the 1998/1999 Budget be amended as follows: 1998 1999 90-290000-25000-9021 Class & Rate Chg. ($43,102) ($50,939) 32-401200-20001-2001 Roch./Dist. Ct. III Salaries 1,664 1,967 32-401200-20001-2075 Roch./Dist. Ct. III Fringes 531 628 32-201200-20001-2001 Novi/Dist. Ct. I Salaries 5,150 6,088 32-201200-20001-2075 Novi/Dist. Ct. I Fringes 1,643 1,941 32-301200-20001-2001 Clark./Dist. Ct. II Salaries 1,727 2,042 32-301200-20001-2075 Clark./Dist. Ct. II Fringes 551 651 32-501200-20001-2001 Troy/Dist. Ct. IV Salaries 4,921 5,816 32-501200-20001-2075 Troy/Dist. Ct. IV Fringes 1,570 1,856 31-201200-10004-2001 Cir. Ct./Admin. Salaries 2,484 2,936 31-201200-10004-2075 Cir. Ct./Admin. Fringes 793 937 21-240100-01000-2001 Reg. Of Deed/Admin. Salaries 12,006 14,191 21-240100-01000-2075 Reg. Of Deed/Admin. Fringes 3,829 4,528 21-220100-01000-2001 Cty. Clerk/Admin. Salaries 2,827 3,334 21-220100-01000-2075 Cty. Clerk/Admin. Fringes 900 1,064 41-211000-10000-2001 Pros./Admin. Salaries 1,900 2,244 41-211000-10000-2075 Pros./Admin. Fringes 606 716 $ -0- $ -0- Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Moved by Douglas supported by Taub the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos. (17) NAYS: Holbert, Coleman. (2) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97248 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION - CREATION OF CHIEF - EQUALIZATION FIELD SERVICES CLASSIFICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division has experienced many organizational changes during recent years; and WHEREAS time and effort have been invested in training staff members to effectively manage these changes; and WHEREAS the Equalization Division is requesting the creation of a new classification titled Chief - Equalization Field Services, at salary grade 16, no overtime; and WHEREAS this classification will provide advancement opportunities within the division and allow for cost effective management of current needs. Commissioners Minutes Continued. November 20, 1997 405 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of a new classification titled Chief - Equalization Field Services at a salary grade 16, no overtime, to be used in the Equalization Division. 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 Obrecht the resolution be adopted. AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97249 BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - AMENDMENTS TO THE GENERAL APPROPRIATIONS ACT TO ESTABLISH GENERAL PURPOSE FUNDS FOR THE COUNTY BUDGET AND TO EXPAND FEE MODIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Generally Accepted Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB) requires that funds be categorized according to their use; and WHEREAS the County=s Comprehensive Annual Financial Report (CAFR) follows acceptable practices and categorizes the General Fund and Special Revenue Funds, which have restrictive usage, as Governmental Funds ; and WHEREAS this fund categorization is not mirrored in the Fiscal Year 1998 and Fiscal Year 1999 County Budget; specifically the Budget combines the General Fund with the following Special Revenue Funds: Health Fund, Juvenile Maintenance Fund, Children=s Village Fund, Social Welfare - Foster Care Fund, Friend of the Court Fund, and CRIMP Fund; and WHEREAS the purpose of this combination is to emphasize that the County General Fund, for these specific Special Revenue Funds, covers any expenditures, including all personnel costs, not supported by individual fund revenue; and WHEREAS audit questions have been raised by the fact that these particular funds are reported in the County CAFR as Special Revenue, yet are budgeted with the General Fund; and WHEREAS in order to comply with accounting/auditing standards, and to conform to the financial reports, these funds should be budgeted as Special Revenue Funds, with an operating transfer budgeted in the General Fund to clearly identify the amount of General Fund contribution; and WHEREAS there is still a need to separate these funds from the remaining special revenue funds because of the General Fund commitment to support all expenditures, including personnel, not covered by individual fund revenue; and WHEREAS to ease reporting to the State and to consolidate all the County=s child care fund finances, the Children=s Village Fund can be incorporated into the Juvenile Maintenance Fund; and WHEREAS this change will in no way effect the level of appropriation to these funds, nor the number and funding source of the authorized positions. NOW THEREFORE BE IT RESOLVED that retroactive to October 1, 1997, the Health Fund (#221), the Juvenile Maintenance Fund (#296), the Social Services - Foster Care Fund (#295), the Friend of the Court Fund (#215), and the CRIMP Fund (#259) shall be categorized as Special Revenue Funds and designated as General Purpose Funds , and that the Fiscal Year 1998 and Fiscal Year 1999 Budget be amended, as specified on the attached schedule, to create separate budgets for each fund and budget for an operating transfer from the General Fund to cover all expenditures, including personnel, not already supported by separate fund revenue. BE IT FURTHER RESOLVED that the term Governmental Funds be replaced by General Fund/General Purpose on all financial and personnel documents related to the County Budget. Commissioners Minutes Continued. November 20, 1997 406 BE IT FURTHER RESOLVED that the Children=s Village Fund (#293) be absorbed by the Juvenile Maintenance Fund (#296). Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE Copy of schedule on file in County Clerk=s office. Moved by Douglas supported by Coleman the resolution be adopted. Moved by Douglas supported by Coleman the resolution be amended, in the title, by deleting AND TO EXPAND FEE MODIFICATIONS . A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas. (20) NAYS: Garfield. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #97227) BY: General Government Committee, Kay Schmid, Chairperson IN RE: UNITED NATIONS CLIMATE CHANGE TREATY OPPOSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on November 10, 1997, recommends that the above-referenced resolution be adopted with the third BE IT FURTHER RESOLVED paragraph amended as follows: BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the President of the United States, THE VICE PRESIDENT OF THE UNITED STATES, Senator Spencer Abraham, Senator Carl Levin, Oakland County Legislators, the Governor of the State of Michigan, and to Oakland County=s Legislative Agents. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #97227 BY: Commissioner Shelley Taub, District #12; Commissioner Donn L. Wolf, District #19 IN RE: UNITED NATIONS CLIMATE CHANGE TREATY OPPOSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United Nations Framework Convention on Climate Change was adopted in May, 1992 at the Earth Summit held in Rio de Janeiro and calls upon industrialized nations to aim towards voluntarily limiting their greenhouse gas emissions to 1990 levels by the year 2000; and WHEREAS ongoing international negotiations are underway aimed at finalizing a Climate Treaty by the end of 1997 that is expected to require legally-binding cutbacks in energy usage and emission targets that will be applicable to developed nations only; and WHEREAS a growing body of economic studies indicate that any U.S. effort to significantly limit greenhouse gas emissions in a short time frame will slow economic growth, cost hundreds of thousands of jobs in Oakland County and throughout the United States, and discourage investments in more energy-efficient technologies or facilities; and WHEREAS mandatory constraints on fossil fuel use would raise the monthly cost to consumers for electricity, heating and cooling bills. Projections also indicate that the residents of Oakland County could experience a gasoline price increase of up to $0.50 per gallon. This would be particularly detrimental to Commissioners Minutes Continued. November 20, 1997 407 those on fixed incomes, living in rural areas or dependent on private vehicles to transport their families to work, school and stores; and WHEREAS ill-advised policies on climate control change could significantly limit personal mobility, seriously disrupt the growing economy of Oakland County and would negatively impact those businesses located in Oakland County that could no longer compete effectively against their foreign counterparts as a result of the higher cost of fuel; and WHEREAS the exemption for developing countries is inconsistent with the need for global action on climate change, is environmentally flawed and imposes trade disadvantages. The Climate Treaty will inflict serious harm to Oakland County=s economy with the loss of manufacturing jobs, as the incentive to move industry abroad to exempt, high-growth countries such as Mexico, China and Brazil is heightened; and WHEREAS the Oakland County Board of Commissioners holds that the United States should not agree to any international global climate proposals that are not justified by sound scientific and economic policies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges the United States not be signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negations in Kyoto in December 1997, or thereafter, which would: (A) mandate new commitments to limit or reduce greenhouse gas emissions for the United States, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for developing countries within the same compliance period, or (B) result in job loss or serious harm to the economy of Oakland County, the State of Michigan and the United States; and BE IT FURTHER RESOLVED that any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, signed by the United States at negotiations in Kyoto in December 1997, or thereafter, should: (1) be voluntary as much as possible; (2) include all nations, developed and developing, under comparable criteria and within the same compliance period; (3) assist developing nations in growing economically while increasing energy efficiency; and (4) promote technology approaches that can reduce adverse impacts on consumers and the economy. BE IT FURTHER RESOLVED that the members of the United States Senate are strongly urged not to consent to any protocol or agreement regarding the Global Climate Change, unless said protocol or agreement is: (i.) accompanied by an analysis of the detailed explanation of any legislation or regulatory actions that would be required to implement the protocol or agreement; and (ii.) accompanied by an analysis of the detailed financial costs and other impacts on the economy of the United States that would be incurred by implementation of the protocol or agreement. BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the President of the United States, Senator Spencer Abraham, Senator Carl Levin, Oakland County legislators, the Governor of the State of Michigan, and to Oakland County=s legislative agents. Chairperson, we move the adoption of the foregoing resolution. Shelley Taub, District #12 Donn L. Wolf, District #19 Moved by Schmid supported by Holbert the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Holbert the resolution be adopted. Discussion followed. Commissioners Minutes Continued. November 20, 1997 408 Moved by Powers supported by Obrecht the resolution be amended by adding a first WHEREAS paragraph, to read: WHEREAS the Michigan Association of Counties, the National Association of Counties and SEMCOG have recommended support for the following concepts in the main body of the resolution; and and further, change the wording in the NOW THEREFORE BE IT RESOLVED paragraph, so it reads, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly supports MAC, NACo and SEMCOG, and urges that the United States not be signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negations in Kyoto in December 1997, or thereafter, which would:....... Discussion followed. Vote on amendment: A sufficient majority having voted therefor, the amendment carried. Moved by Schmid supported by Obrecht the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Huntoon, Johnson, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Dingeldey, Douglas, Garfield. (16) NAYS: Holbert, Jacobs, Jensen, Kingzett, Coleman. (5) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #97250 BY: General Government Committee, Kay Schmid, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS - AUTHORIZATION TO IMPLEMENT A PILOT PROJECT FOR REGISTER OF DEEDS CASH RECEIPTING, INDEXING AND IMAGING SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the function of the Register of Deeds Office is to place in public record, for easy accessibility and retrieval, documents related to land transactions, such as deeds and mortgages, as well as certain personal property filings known as UCC (Uniform Commercial Code) transactions; and WHEREAS the present combination mainframe and manual system, which currently archives over three million records, was initially installed in 1983 and is not Year 2000 compliant; and WHEREAS the Clerk/Register of Deeds is desirous of implementing a modern turnkey client-server computer system for cash receipting, indexing and imaging of property records that will more effectively and efficiently meet legal and public information requirements for which there is an increasing demand; and WHEREAS in compliance with Oakland County Purchasing Procedures, bid specifications were prepared and disseminated to the vendor community with two responses, from IBM Corporation and Business Records Corporation (BRC); and WHEREAS the two proposals represented significantly different approaches to the project requirements; IBM's proposal involves County assumption of financial risk by requiring significant up-front investment, whereas BRC proposes to install the necessary hardware and software at their expense and then charge a $2.55 fee per document successfully processed; and WHEREAS upon careful examination of the two proposals, including site visits and consultation with other users of the vendors' services, the Clerk/Register of Deeds recommends that a pilot project be undertaken with BRC that is confined to UCC transactions only, which number approximately 10,000 transactions annually; and WHEREAS the Pilot Project will be evaluated upon full implementation before a recommendation is prepared and presented to the Board of Commissioners Commissioners Minutes Continued. November 20, 1997 409 regarding extension of the system to all property transactions, which number in excess of 300,000 annually. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the County Clerk/Register of Deeds to engage Business Records Corporation to implement a pilot project to install a modern turnkey client- server computer system for cash receipting, indexing and imaging for Uniform Commercial Code transactions only. BE IT FURTHER RESOLVED that the contract fee of $2.55 be instituted for a period of not less than three years upon successful implementation of the pilot project, for an estimated annual cost of $25,500. BE IT FURTHER RESOLVED that the County Clerk/Register of Deeds report the results of the Pilot Project Evaluation, including performance and cost considerations, to the Board of Commissioners with a recommendation as to whether or not the system should be extended to all property transactions processed by the Register of Deeds Office. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97251 BY: General Government Committee, Kay Schmid, Chairperson IN RE: CIRCUIT COURT/JUDICIAL ADMINISTRATION - CREATION OF ONE (1) STUDENT POSITION IN THE ASSIGNMENT CLERK OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Mediation Court Rule 2.403 went into effect on October 1, 1997; and WHEREAS this legislation required that the Circuit Court perform new duties as they relate to the mediation process; and WHEREAS the court requested the creation of a Clerk I and the deletion of a Student with the Fiscal Year 1998 Budget to accommodate the workload associated with this change in legislation; and WHEREAS at the time of the budget request, the Court made an evaluation of the new workload based on information available at the time; and WHEREAS since the budget request was made, additional information has become available to assess the full impact of the legislation; and WHEREAS the court is requesting a part-time non-eligible Student position to assist with the additional workload that has resulted; and WHEREAS a new revenue source has been identified to cover the cost of this position request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) governmental part-time non-eligible Student position in the Assignment Unit of the Circuit Court. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97252 BY: General Government Committee, Kay Schmid, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT - APPROVAL OF MAGISTRATE - SUNITA BARUAH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Sunita Baruah to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(1) provides that magistrate appointments be approved by the County Board of Commissioners. Commissioners Minutes Continued. November 20, 1997 410 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of Sunita Baruah to act as a Magistrate for the Fifty-Second District Court. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Schmid supported by McPherson the resolution be adopted. Discussion followed. Moved by Obrecht supported by Jacobs the resolution be sent back to the General Government Committee. A sufficient majority having voted therefor, the motion carried. MISCELLANEOUS RESOLUTION #97253 BY: General Government Committee, Kay Schmid, Chairperson IN RE: BOARD OF COMMISSIONERS - POLICY POSITIONS ON ROAD REFORM ISSUES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all public roads in the townships and a significant number of city streets are under the jurisdiction of the County Road Commission; and WHEREAS the Road Commission for Oakland County does an efficient and effective job of improving the local road network throughout the County; and WHEREAS all County residents and officials are concerned about good roads and desire an equitable distribution of road maintenance services to support their quality of life; and WHEREAS both the County Commissioners and Road Commission officials believe the best decisions about roadway priorities are made at the local level through responsible decision makers; and WHEREAS Oakland County Commissioners spend a great deal of time and effort developing and nurturing a strong and effective working relationship with the staff and commissioners of the Road Commission for Oakland County to obtain the best service possible for our residents; and WHEREAS the Road Commission for Oakland County does a commendable job of road maintenance with the road funds available. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Michigan Association of Counties (MAC) to adopt the following policy positions on road reform issues in 1998. 1. Road commissioners, cities, townships and county general governments should cooperate on developing road construction and maintenance priorities, as well as participating jointly on funding roads. 2. Communities wishing greater control over road priorities and funding should consider using State law to maintain their own local roads (the Bloomfield Township model) or transferring jurisdiction of county roads to a city or village. 3. Local communities and road commissioners should aggressively pursue and expand, where possible, matching programs to fund road projects in the townships, cities and villages. 4. County Boards must join with their respective road commissioners and MAC must join with the CRAM, to support legislation which maintains 25% Federal aid for local roads and approximately 40% of state resources for county roads. 5. The level of donor status by the urban counties with regard to road funding must be reduced so a more equitable return of gas and weight taxes is realized by the counties where population and job growth are the strongest. 6. County Boards must urge their respective state legislators to maintain laws which keep local roads under road commission jurisdiction for more effective local input by communities and to achieve the most productive and efficient maintenance and construction activities. Commissioners Minutes Continued. November 20, 1997 411 7. Under no circumstances shall an increase of property taxes be relied upon to maintain levels of service. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Oakland County=s State Legislators, the Governor of the State of Michigan and to all Oakland County municipalities. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERMENT COMMITTEE Moved by Schmid supported by Coleman the resolution be adopted. AYES: Huntoon, Jacobs, Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield. (18) NAYS: Palmer, Powers. (2) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #97229) BY: General Government Committee, Kay Schmid, Chairperson IN RE: I-75/M-59 OAKLAND TECHNOLOGY PARK IMPROVEMENTS (CHRYSLER) INFRASTRUCTURE IMPROVEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on November 10, 1997, recommends that the above-referenced resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #97229) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: I-75/M-59 OAKLAND TECHNOLOGY PARK IMPROVEMENTS (CHRYSLER) INFRASTRUCTURE IMPROVEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced resolution on November 13, 1997, finds that there are no budgetary implications and recommends the resolution be adopted. Chairperson, on behalf of the Finance and Personnel Committee, I move the acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #97229 BY: Commissioner John P. Garfield IN RE: I-75/M-59 OAKLAND TECHNOLOGY PARK IMPROVEMENTS (CHRYSLER) INFRASTRUCTURE IMPROVEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the General Appropriations Act for Fiscal Year 1998 was amended to indicate that funds from the non-departmental account entitled, Infrastructure Improvements (#3661), whose purpose is to address traffic flow and traffic safety concerns, would not be spent without a specific resolution from the Board of Commissioners allowing such expenditure; and WHEREAS the Board of Commissioners is to establish specific criteria as a pre-condition for the approval of the one-time expenditure of funds from the Infrastructure Improvements Account. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby designates the non-departmental account entitled Infrastructure Improvements (#3661) to be appropriated exclusively towards a one-time expenditure for the project identified as the I-75/M-59 Oakland Technology Park Improvements (Chrysler) egress/ingress improvements project. BE IT FURTHER RESOLVED that this expenditure for the I-75/M-59 Oakland Technology Park Improvements (Chrysler) Project is limited to a maximum amount of $3 million and in the event that State and/or Federal matching funds from non- Commissioners Minutes Continued. November 20, 1997 412 Oakland County sources do not provide at least 75% of the total financing of said I-75/M-59 Oakland Technology Park Improvements (Chrysler) project, the expenditure shall not be made and no funds shall be transferred from the Delinquent Tax Revolving Fund for such purpose. BE IT FURTHER RESOLVED that any Infrastructure Improvements account encumbrances or appropriations must be committed by the end of Fiscal Year 1998. All expenditures from the Infrastructure Improvements Account (#3661) must be secured by a written Statement of Intent. BE IT FURTHER RESOLVED that the negotiated agreement with the Michigan Department of Transportation, as well as, the actual appropriation and/or transfer of the funds from the Infrastructure Improvements Account (#3661), which shall be made in conformance with State law, shall come before the Board of Commissioners in the form of a Resolution for final Board approval. BE IT FINALLY RESOLVED that the Board of Commissioners may establish a committee to establish eligibility criteria, procedure and funding sources if future projects are to be considered. Any future appropriations from the Infrastructure Improvements Account (#3661), which shall be made in conformance with State law, may include public safety, as well as, traffic concerns, and must be referred to the Board of Commissioner=s General Government Committee and Finance Committee for approval in accordance with the Board Rules. Chairperson, I move the adoption of the foregoing resolution. John P. Garfield, District #9 Moved by Schmid supported by Kingzett the General Government Committee Report and the Finance and Personnel Committee Report be accepted. A sufficient majority having voted therefor, the reports were accepted. Discussion followed. Moved by Schmid supported by Kingzett the resolution be adopted. AYES: Jacobs, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Holbert. (16) NAYS: Jensen, Johnson, McPherson, Palmer, Garfield, Huntoon. (6) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97232 BY: General Government Committee, Kay Schmid, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS-ELECTIONS DIVISION - BOARD OF CANVASSERS==== SERVICE FEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 116 of 1954, as amended, specifies the powers and duties of the County Board of Canvassers; and WHEREAS the County Board of Canvassers must provide services to cities and townships having five or fewer precincts, and may contract to provide services to cities and townships having more than five precincts; and WHEREAS there are currently fifteen cities and fourteen townships for which the County Board of Canvassers certifies Primary, General and Special Elections; and WHEREAS local units are responsible for the full cost of Special Elections; however, when a local ballot issue is included in a Primary or General Election, the Board of Canvassers charges a flat-rate $5.00/precinct service fee to certify election results; and WHEREAS because the current service fee has been in effect for over twenty years with no increase to reflect the inflationary cost of performing the canvass, the County Clerk/Register of Deeds proposes that the rate per precinct be increased to $25.00; and WHEREAS the proposed fee increase would increase the proportionate share of local cost for a typical election from four (4%) percent of Board of Canvasser direct expenses to twenty (20%) percent, with eighty (80%) percent of the cost remaining with the County to cover County and State ballot issues. Commissioners Minutes Continued. November 20, 1997 413 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the establishment of a revised Board of Canvassers= Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954. BE IT FURTHER RESOLVED that for Board of Canvassers= services associated with any general or primary election, the municipality shall pay to the County a contractual amount equal to twenty-five ($25.00) dollars for each and every election precinct within the municipality, when the ballot includes a local issue or election. BE IT FURTHER RESOLVED that for Board of Canvassers= services associated with any municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no County-wide, State or Federal election or ballot question, the municipality shall pay to the County an amount equal to the full amount of any and all actual County expenses incurred and/or paid by the County in providing any and all such services. BE IT FURTHER RESOLVED that the individual interlocal agreements between the County and cities/townships for Board of Canvasser=s services be approved by the Board of Commissioners and filed with the Office of the Great Seal of the State of Michigan. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #97232) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS-ELECTIONS DIVISION - BOARD OF CANVASSERS= SERVICE FEE 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 County Clerk/Register of Deeds recommends that the service fee be increased from $5.00 per precinct per election to $25.00 per precinct per election for local units of government that utilize the County Board of Canvassers to certify election results. 2) There are currently fifteen cities and fourteen townships for which the County Board of Canvassers certifies Primary, General and Special elections. 3) Local units are responsible for the full cost of Special Elections; however, when a local ballot issue is included in a Primary or General Election, the Board of Canvassers charges a flat-rate per precinct service fee. 4) As indicated on the attached schedule, the total potential fees per election, depending on the number of cities and townships with local ballot issues, would increase from $570 to $2,850, an average increase of $79 for each of the 29 local units served. 5) The following revenue budget amendment is recommended: County Clerk/Register of Deeds - Elections Division Dept. OCA/PCA/Object Description Amount Revenue: 21 130100-01000-0316 Bd. Canvass Svc. Fee $2,280 Expense: 21 230100-01000-2820 Fees and Mileage $2,280 Total -0- FINANCE AND PERSONNEL COMMITTEE Copy of Revised Fee Structure schedule on file in County Clerk=s office. Moved by Schmid supported by McPherson the resolution be adopted. AYES: Jensen, Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Holbert, Huntoon, Jacobs. (21) NAYS: Garfield. (1) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. November 20, 1997 414 MISCELLANEOUS RESOLUTION #97234 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - 1997 COMPREHENSIVE HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Housing and Urban Development (HUD) has designated the Oakland County Community Development Division=s Housing Counseling Unit to be a HUD approved housing counseling agency eligible to apply for and receive Fiscal Year 1997 Comprehensive Housing Counseling Grant funding; and WHEREAS the Oakland County Community Development Division competed nationally for funding under this Federal program and has been awarded a Fiscal Year 1997 Housing Counseling Grant totaling $40,000, a variance of fifty-five percent from the initial application amount of $88,333; and WHEREAS the purpose of the grant is to provide a full range of housing counseling services, information, and assistance to housing consumers to assist them in improving their housing conditions and meeting the responsibilities of home ownership and tenancy including information for first time home buyers; pre- occupancy, rental delinquency and mortgage default assistance; Home Equity Conversion Mortgage Program; home improvement and rehabilitation resources; displacement and relocation resources; and pre-foreclosure assistance; and WHEREAS the County intends to use the grant to supplement Community Development Block Grant funds allocated to deliver housing counseling services County-wide in accordance with Federal Comprehensive Housing Counseling Program guidelines; and WHEREAS no County funds are required for the Fiscal Year 1997 grant; and WHEREAS this grant agreement has been reviewed and approved through the County Executive=s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1997 Fiscal Year Comprehensive Housing Counseling Grant in the amount of $40,000. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for this program. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Oakland County Board of Commissioners and the Oakland County Executive to execute the grant agreement and to approve amendments and extension up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Agreement for HUD=s Fiscal Year 1997 Housing Counseling Program on file in County Clerk=s office. FISCAL NOTE (Misc. #97234) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - 1997 COMPREHENSIVE HOUSING COUNSELING GRANT ACCEPTANCE 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 that the Board of Commissioners accept the 1997 Comprehensive Housing Counseling Grant in the amount of $40,000. 2. Community Development competed for funding from the U.S. Department of Housing and Urban Development and has been awarded a Fiscal Year 1997 Comprehensive Housing Counseling Grant totaling $40,000, a variance of 54.7% from the initial application amount of $88,333. Commissioners Minutes Continued. November 20, 1997 415 3. The grant will supplement Community Development Block Grant funds allocated to deliver housing counseling services in accordance with Federal Housing Counseling Program guidelines. 4. No County funds are required for this grant. 5. The resolution does not oblige the County to any future commitment and the level of service, including personnel, is contingent upon continued funding. 6. The Fiscal Year 1998 Budget is amended to reflect the grant proceeds as detailed below: Special Revenue Fund Community and Economic Development Community Development Division Dept./OCA/PCA/Object Description FY 1998 FY 1998 Revenue: 19-797400-60006-0113 Grants Federal $40,000 $40,000 Expense: 19-797401-60006-2001 Salaries 40,000 40,000 Total $ 0 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Millard the resolution be adopted. AYES: Johnson, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97233 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER RESOLUTION TO APPROVE THE KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County, pursuant to the provisions of the Keego Harbor Sewage Disposal System Agreement with the City of Keego Harbor dated October 12, 1959, has acquired and constructed the Keego Harbor Sewage Disposal System (the System ) and currently, pursuant to the Keego Harbor Sewage Disposal Operating Agreement dated November 15, 1960, is operating the System for the City; and WHEREAS the Board of County Road Commissioners for Oakland County (the Road Commission ) has entered into a contract with the Michigan Department of Transportation (MDOT ), to improve Cass Lake Road (the Cass Lake Road Project ), and the proposed improvements will necessitate the relocation of two pump stations that are part of the System; and WHEREAS the Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations, and, subject to receipt of project funding, the Road Commission has requested the County, through the Drain Commissioner as County Agency, and the City to relocate the two pump stations and has agreed to pay to the County, as part of the Cass Lake Road Project, the eligible cost of relocating the pump stations; and WHEREAS it is in the best interest of the County to proceed with the relocation of the two pump stations. THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: Keego Harbor Sewage Disposal System Pump Station Relocation Contract among the County, by and through the County Drain Commissioner, County Agency, the Road Commission, and the City of Keego Harbor, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract reads as follows: KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT This contract made this day of , 1997, Commissioners Minutes Continued. November 20, 1997 416 by and among the County of Oakland (the County ), by and through its County Drain Commissioner as County Agency (the County Agency ), the Board of County Road Commissioners for Oakland County (the Road Commission ), and the City of Keego Harbor (the City ). WITNESSETH: Recitations The County, pursuant to the provisions of the Keego Harbor Sewage Disposal System Agreement with the City dated October 12, 1959, has acquired and constructed the Keego Harbor Sewage Disposal System (the System ) and currently, pursuant to the Keego Harbor Sewage Disposal Operating Agreement dated November 15, 1960, is operating the System for the City. The Road Commission has entered into a contract with the Michigan Department of Transportation (MDOT ), to improve Cass Lake Road (The Cass Lake Road project ), and the proposed improvements will necessitate the relocation of two pump stations that are part of the System. The Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations. Subject to receipt of Project funding, the Road Commission has requested the County Agency and the City to relocate the two pump stations and has agreed to pay to the County as part of its Cass Lake Road project, the eligible cost of relocating the pump stations. The County and the City are willing to relocate the pump stations to accommodate the Cass Lake Road project. THEREFORE IT IS AGREED AS FOLLOWS: 1. The County, City and Road Commission agree that the County Agency shall undertake and construct, or cause to be constructed, a project consisting of the relocation of two pumping stations which currently constitute part of the System as shown on Exhibits A-1 and A-2, attached hereto and made a part hereof. 2. Subject to Sections 6, 7 and 8 hereof, the Road Commission adopts the County=s estimate of the cost of the Project as set forth on Exhibit B, which is attached hereto and made a part hereof. 3. After the execution of this contract by the County, through the County Agency, the City and the Road Commission, the County Agency shall take the following steps, subject to the receipt from the Road Commission of the payments as provided in Section 8 hereof, to wit: (a) Retain a consulting engineer to provide final plans and specifications for the Project. (b) Acquire temporary easements necessary for construction of the Project. (c) Do those things necessary to obtain the approval required for the construction of the Project, obtain construction bids for the Project and enter into construction contracts with the lowest responsible bidders. (d) Cause the Project to be constructed within a reasonable time and do all other things required of it under the provisions of this contract. 4. It is understood and agreed by the parties that the Project will become part of the System and will be operated and maintained by the County or the City in accordance with any agreements applicable thereto. 5. The County agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction, adequate property damage, public liability and Workers Compensation insurance, covering all facilities to be constructed and work performed, pursuant to this contract. All policies of insurance shall provide that the County, the City and the Road Commission and their employees shall be insured parties thereunder, and that the contractor employed shall hold all others harmless. 6. For and in consideration of the project work performed by the County, the Road Commission will pay the County on the basis of actual costs, which total payment shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) as enumerated in Exhibit B, attached hereto. 7. Actual costs for the work required and performed will be determined, in accordance with 49 CFR Part 18 and the following cost criteria, as applicable: 48 CFR Part 31 pertaining to contractors and consultants and 23 CFR Part 140 as it may pertain to force account work by the County and County Agency. Commissioners Minutes Continued. November 20, 1997 417 8. The Road Commission shall make payments to the County in accordance with the following procedures. (a) Upon execution of the Contract, the sum of $75,000 representing preliminary costs. (b) The sum of $200,000 shall be paid upon award of the construction contract, to be used for payment of contractors for Project work. (c) Thereafter, partial payments may be made for reimbursement of amounts expended to date. Partial payments will be made upon the submission by the County Agency of an invoice, accompanied by properly completed reporting forms and approved by the PROJECT MANAGER and such other evidence of progress as may be required by the Road Commission. Partial payments shall be made not more that once a month. Payment of invoices pursuant to this section shall not constitute a final determination by the Road Commission of the allowability of such costs and shall not constitute a waiver by the Road Commission of any violation of any terms of this Agreement. (d) Final billing under this agreement shall be submitted in a timely manner but not later than five months after completion of the project work. Billings for work submitted later than five months after completion of project work will not be paid. Final determination of allowability of costs, including adjustments of direct salary costs, other direct costs and overhead costs, as may be applicable, will be made upon completion of audit by the Road Commission and/or as appropriate, by representatives of MDOT and the Federal Highway Administration Funding. Any overpayment to the County shall be repaid to the Road Commission within thirty (30) days of notification of overpayment. 9. Real property required for the Project has been acquired by the Road Commission. Additionally, in accordance with Exhibit A, city property will be available for relocation of one pumping station. The Road Commission shall provide the City or the County with a permanent easement or appropriate alternate right to maintain the pumping station on Road Commission property. 10. The County shall establish and maintain accurate records in accordance with generally accepted accounting principles of expenses incurred for which payment is sought or made under this contract, for a period of three (3) years following the date of final payment under this contract. The Road Commission and/or MDOT shall have the right to inspect, copy or audit such records at any reasonable time during such period. Additionally, the County shall require its contractors to comply with this provision. 11. The City consents to the establishment and location of the Project within its corporate limits and consents to the use of the streets, alleys and public places of the City for the relocation, construction, repair, replacement, maintenance and use of the Project. 12. It is declared that the work to be performed under this Contract is a governmental function. It is the intention of the parties hereto that this Contract shall not in any manner be construed to waive the defense of governmental immunity which either or all of the parties hereto possess prior to the execution of this Contract. 13. It is the intention of the parties hereto, that this Contract is not made for the benefit of any third party. 14. The County Agency shall select contractors in accordance with applicable Federal regulations such as those set forth in 23 CFR Ch. 1, Sec. 172 or 49 CFR Part 18.36, and with County policy and procedures. 15. The County specifically agrees that the County, the County Agency, it or its contractors, or agents will comply with any and all applicable State, Federal, and Local statutes, ordinances, and regulations, and with Road Commission requirements, including all applicable environmental statutes and regulations in performance of Project work. Commissioners Minutes Continued. November 20, 1997 418 16. In connection with the performance of Project work under this contract, the parties hereto (each hereinafter in Appendix A referred to as the contractor ) agree to comply with the State of Michigan provisions for Prohibition of Discrimination in State Contracts , as set forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 USC Sections 1971, 1975a-1975d, and 2000a-200h-6 and the Regulations of the United States Department of Transportation (49 CFR part 21) issued pursuant to said Act, including Appendix B , attached hereto and made a part hereof, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. 17. The parties hereto further agree that they accept the U.S. Department of Transportation Disadvantaged Business Enterprise/Minority Business Enterprise/Women Business Enterprise (DBE/WBE) Program with respect to the Project and will abide by the provisions set forth in Appendix C attached hereto and made a part hereof, being an excerpt from Title 49 CFR Part 23, more specifically 23.43(a)(1) and (2) thereof. 18. The obligations of the parties set forth herein are subject to execution of a Contract between the Road Commission and MDOT to provide for inclusion of the work set forth herein as part of the Cass Lake Road project work, as eligible for Federal reimbursement. 19. The Road Commission will appoint a PROJECT MANAGER for the Cass Lake Road Project and will give written notice of the name of said PROJECT MANAGER to the County Agency. The PROJECT MANAGER may upon request of the County Agency, approve in writing changes in the Project work within the scope of the contract which do not increase the cost for this Contract. 20. Any change in Project work to be performed by the County Agency involving extra compensation must be authorized in writing by the Road Commission prior to the performance thereof by the County Agency and requires an amendment to this Contract. 21. In case the County Agency deems extra compensation will be due it for work or materials not clearly covered in this Contract, or not ordered by the Road Commission as a change, or due to changed conditions, the County Agency shall notify the Road Commission in writing of this intention to make claim for such extra compensation before beginning such work. Failure on the part of the County Agency to give such notification will constitute a waiver of the claim for such extra compensation. The filing of such notice by the County Agency shall not in any way be construed to establish the validity of the claim. Such extra compensation shall be provided only by amendment to this Contract. 22. It is the intent of the parties hereto that the County and County Agency will not bear the costs for the Project work, and that the City and Road Commission will be responsible for those costs not reimbursed by Federal funding, in accordance with separate agreement between the City and the Road Commission. Additionally, should any costs or charges, as set forth in Sections 20, 21 and 23, accrue to the County Agency or County, or not be payable to the County or County Agency as a project cost, said costs or charges shall be paid by the City. This provision shall not act as a waiver of and is subject to compliance by the County and the County Agency with the provisions of this Contract. 23. The County Agency and the County agree to save harmless, represent and defend the Road Commission and its employees from any and all claims and lawsuits, even if groundless to the extent that such claims and lawsuits invoke the performance or non-performance of the Project work, design or existence of the pumping station or appurtenances thereto within or without of County road right-of-way. The Road Commission agrees to save harmless, represent and defend the County Agency and County and their employees from any and all claims and lawsuits, even if groundless, which arise out of the design and improvement of Cass Lake Road, or the Road Commission performance of Road Commission duties pursuant to this Contract. The parties agree that each will promptly notify the other party of any notice either may receive of the filing of any claim, notice of claim, lawsuit or related lawsuit or form of notice related to the Project work, and to Commissioners Minutes Continued. November 20, 1997 419 cooperate as requested with the other party in defense of the claim. 24. This Contract shall become effective upon approval by the legislative body of the City, by the County Agency, by the Board of Commissioners of Oakland County, and by the Road Commission, and duly executed by representatives of the City, the County Agency and the Road Commission. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. BOARD OF COUNTY ROAD COMMISSIONERS FOR THE COUNTY OF OAKLAND, A Public Body Corporate By Its COUNTY OF OAKLAND By Its County Agency Drain Commissioner of Oakland County CITY OF KEEGO HARBOR By Its Mayor By Its City Clerk Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Exhibits A, A1, A2, B and Appendix A, B and C on file in the County Clerk=s office. FISCAL NOTE (Misc. #97233) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE THE KEEGO HARBOR SEWAGE DISPOSAL SYSTEM PUMP STATION RELOCATION CONTRACT Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above-referenced resolution and finds: 1) The Oakland County Road Commission has entered into a contract with the Michigan Department of Transportation (MDOT) to improve Cass Lake Road and the proposed improvements will necessitate the relocation of two pump stations that are part of the Keego Harbor Sewage Disposal System. 2) The Road Commission has anticipated a contract between the Road Commission and MDOT to cover the cost of relocation of the pump stations and has requested the County, through the Drain Commissioner and the City, to relocate the two pump stations and has agreed to pay to the County the eligible cost of relocating the pump stations. 3) The County will not be responsible for any portion of the relocation expense. Upon execution of the Contract, the Road Commission will advance to the County $75,000 for preliminary costs. Upon the award of the construction contract, the Road Commission will advance to the County $200,000 to be used towards payment of contractors for project work. FINANCE AND PERSONNEL COMMITTEE Moved by Palmer supported by Taub the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (22) NAYS: None. (0) Commissioners Minutes Continued. November 20, 1997 420 A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97254 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF====S DEPARTMENT - OAKLAND COUNTY CORRECTIVE SERVICES MEDICAL PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Department has had a medical program with Blue Cross\Blue Shield for hospitalization of inmates; and WHEREAS the Oakland County Board of Commissioners authorized such a program by Miscellaneous Resolution #96290; and WHEREAS the Sheriff's Department wishes to continue with this arrangement for the period December 1, 1997 through November 30, 1998; and WHEREAS Blue Cross\Blue Shield will monitor and contain costs, review for inmates insurance coverage, bill Medicaid and qualify Oakland County for a hospital discount; and WHEREAS the administrative fee charged by Blue Cross\Blue Shield is more than offset by the discount provided by the designated hospital provider; and WHEREAS the County Executive and Sheriff's Departments have reviewed the proposed program and are in concurrence; and WHEREAS the attached contract is in accordance with the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached administrative contract with Blue Cross\Blue Shield for the Oakland County Corrective Services Medical Program for the period December 1, 1997 through November 30, 1998. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Administrative Contract on file in the County Clerk=s office. The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97255 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: SHERIFF DEPARTMENT - CREATION OF TWO (2) SHERIFF COMMUNICATION AGENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff is requesting two additional dispatchers for the Communications Unit; and WHEREAS the Communications Unit has had increased work load activity due to the increase in the number of contracts; and WHEREAS the Sheriff feels that these positions for dispatch are of a critical nature to the Fire and Police Community; and WHEREAS the cost for these positions are partially paid for by the communities that we have under contract; and WHEREAS the Sheriff Department 1997/1998 Communications Unit overtime Budget has sufficient funds to cover the remaining cost of these two new positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of two (2) GOV Sheriff Communication Agents in the Communications Unit, Technical Services Division, of the Sheriff=s Department. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Vice Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. Commissioners Minutes Continued. November 20, 1997 421 MISCELLANEOUS RESOLUTION #97256 BY: Public Services Committee, Shelley Taub, Chairperson IN RE: E911 AND RADIO COMMUNICATIONS NETWORK - SUPPORT FOR AN OUTSIDE NEEDS ASSESSMENT STUDY AND RELATED RECOMMENDATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the law enforcement (including local police departments and Sheriff=s Department), fire, emergency medical/management services, and others (herein referred to collectively as >public safety officials=) have expressed concerns over the existing E911 and related radio communications network=s ability to support coordinated communications in the face of emergencies, disasters, and related life-threatening events; and WHEREAS several recent public safety events have highlighted the deficiencies of the County=s E911 and radio communication network=s ability to serve the County=s residents, including: a shooting/hostage situation in southeast Oakland County, a tornado, a plane crash and a man-hunt in connection with a robbery in progress; and WHEREAS public safety officials throughout the County have expressed a need to review the existing E911 and related communication network to identify the status of the equipment located at 32 public service answering points (including the Sheriff=s Dispatch Center); to examine the strengths and weaknesses of the current system and to recommend improvements where needed and proposed funding for any communication upgrade and/or replacement of equipment at the 32 public service answering points; and WHEREAS the County has undertaken other computer system initiatives, namely the replacement of the Courts and Law Enforcement Management Information System (CLEMIS) and implementation of a County geographic information system (data for which will be used through the new CLEMIS system by dispatchers, call takers and public safety officials in the field); and WHEREAS the firm of Plante and Moran, LLP, assisted the County in the assessment of the needs of CLEMIS, its evaluation of vendors submitting proposals, and is actively participating in the negotiations with the successful CLEMIS vendor and has a working knowledge of the County=s geographic information system; and WHEREAS the E911 Ad Hoc Committee, which was duly constituted via Board rules by the Chairperson of the Board of Commissioners, has recommended the issuance of the attached request for proposal to Plante and Moran, LLP to perform a study to include (among other deliverable products): a review of the existing equipment and operations of the E911 and related radio communications network (including the County=s 800 MHZ radio system), evaluate the equipment=s ability to provide County-wide, coordinated communications, provide recommendations to achieve the stated goals in the attached request for proposal, and provide alternatives to funding the required replacement or upgrade of equipment. NOW THEREFORE BE IT RESOLVED that the County accept the Plante and Moran, LLP, proposal to serve for this project and that that firm be precluded from proposing on providing the E911 and radio communications network equipment (if the County chooses to move forward with the acquisition of this equipment). Chairperson, we move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of attached request for proposal on file in the County Clerk=s office. FISCAL NOTE (Misc. #97256) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: E911 AND RADIO COMMUNICATIONS NETWORK - SUPPORT FOR AN OUTSIDE NEEDS ASSESSMENT STUDY AND RELATED RECOMMENDATIONS 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 confirms the actions of the E911 Ad Hoc Committee and authorizes Plante and Moran, LLP to conduct a study which will review the existing E911 equipment and radio communications network, Commissioners Minutes Continued. November 20, 1997 422 evaluate the equipment=s ability to provide County-wide, coordinated communications, and provide recommendations and funding alternatives related to the replacement and/or upgrade of existing equipment. 2. The cost of the study will be booked as a prepaid expense. Should the results of the study support the establishment of service fees, and the Board of Commissioners proceeds with such fees, a portion of the revenue generated will be used to cover the cost of the study. 3. Should the Board of Commissioners not proceed with establishment of service fees, the cost of the study will be charged to the Radio Communications Fund, the actual amendment (if required) will be recommended during a Quarterly Financial Forecast. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Garfield the resolution be adopted. AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett. (21) NAYS: Powers. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97257 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/ANIMAL CONTROL DIVISION - ADOPTION/STERILIZATION AGREEMENT REVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 287 of 1969 as amended; and WHEREAS effective January 1, 1998 enacted House Bill 4239 amends the above Public Act; and WHEREAS this amendment mandates that any animal control shelter shall not permit a person to adopt a dog, cat or ferret that has not been altered unless that person has entered into a contract for the alteration of the dog, cat or ferret with the animal control shelter; and WHEREAS this amendment also provides for the adopting person to leave with the animal control shelter, a good faith deposit of at least $25.00; and WHEREAS by Miscellaneous Resolution #94130, adopted May 12, 1994 the Oakland County Board of Commissioners approved an agreement for an Adoption/Sterilization at the Oakland County Animal Care Center; and WHEREAS the Oakland County Animal Care Center secures a deposit of $20.00 from the adopter of each new pet for sterilization at the time of adoption; and WHEREAS the present agreement must be updated to meet statutory requirements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the increase of Adoption/Sterilization deposit from $20.00 to $50.00. BE IT FURTHER RESOLVED the last two paragraphs be added to the existing agreement to reflect State mandate. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. REPORT (Misc. #97236) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY MENTAL HEALTH TRANSITION FACILITATOR====S CONTRACT - INCREASE OF NOT TO EXCEED AMOUNT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced resolution on November 13, 1997, recommends the resolution be adopted with the following amendment: Commissioners Minutes Continued. November 20, 1997 423 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs APPROVES THE RECOMMENDATION OF Jan Clay and Associates to hire Peter Cohl as a subcontractor under the terms of Professional Services Contract #P008841, now referred to as BP001203. Chairperson, on behalf of the Finance and Personnel Committee, I move the acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #97236 BY: Public Services Committee, Shelley Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH TRANSITION FACILITATOR=S CONTRACT - INCREASE OF NOT TO EXCEED AMOUNT FOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #97046 approved the amount of $25,000.00 to be allocated for the hiring of a Transition Facilitator to assist in the development of a transition plan; and WHEREAS Jan Clay and Associates was selected via the open bidding process as the successful bidder to facilitate this transition; and WHEREAS the scope of the transition process has broadened beyond that originally anticipated; and WHEREAS the need for outside legal expertise has been evidenced, and Mr. Peter Cohl - Cohl, Stoker and Toskey, P.C. has been identified as being an expert in these matters; and WHEREAS it is anticipated that the services of Cohl, Stoker and Toskey, P.C. may be retained by Jan Clay and Associates for an additional cost not to exceed $4,500.00. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves an increase in the amount of $4,500.00 in the contract of Jan Clay and Associates (Professional Service Contract #PO0841, now referred to as BP001203). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs Jan Clay and Associates to hire Peter Cohl as a subcontractor under the terms of Professional Services Contract #PO0841, now referred to as BP001203. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #97236) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY MENTAL HEALTH TRANSITION FACILITATOR=S CONTRACT - INCREASE OF NOT TO EXCEED AMOUNT 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. Miscellaneous Resolution #97046 allocated $25,000 for the hiring of a Community Mental Health Transition Facilitator to assist in the development of a transition plan. 2. Jan Clay and Associates was selected via the competitive bidding process to serve as the Transition Facilitator. 3. The scope of the transition process has broadened and the need for outside legal expertise has been evidenced. The additional cost for outside legal counsel is not anticipated to exceed $4,500. 4. Funds are currently available within the Fiscal Year 1998 Community Mental Health Budget to cover these cost, no additional appropriation is required. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Moffitt the Finance and Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Commissioners Minutes Continued. November 20, 1997 424 Moved by Taub supported by Moffitt the resolution be adopted. Moved by Taub supported by Moffitt the resolution be amended to coincide with the recommendation in the Finance and Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law. (21) NAYS: Powers. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #97239 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH - AMENDMENT #4 TO THE FULL MANAGEMENT CONTRACT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Full Management Contract between the Michigan Department of Community Health and Oakland County Community Mental Health as the County agent specifies the terms and conditions for funding and service delivery of the Oakland County Community Mental Health Board Programs; and WHEREAS the Fiscal Year 1996-1997 Full Management Contract was approved at the January 21, 1997 Community Mental Health Board meeting; and WHEREAS the Michigan Department of Community Health (DCH) revised the original Fiscal Year 1996-1997 funding authorization with a fourth updated authorization dated September 29, 1997 to include funding for new recipients placed on the Child Model Waiver, respite funding increase, HUD Section 811 funding and transfer of responsibility for a recipient; and WHEREAS on October 21, 1997, the Oakland County Community Mental Health Services Board approved a resolution regarding Amendment #4 to the Full Management Contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached amended financial pages to the Michigan Department of Community Health/Oakland County Community Mental Health Services Board Contract for Full Management for Fiscal Year 1996-1997. BE IT FURTHER RESOLVED that the Biennial Budget is amended as follows: Community Mental Health Fund (22297) FY 1996/97 FY 1997/98 Revenues 550-01-00-2589 State Matching Payments $(11,139) $(11,139) 550-01-00-8101 County Match (892) (892) 550-01-10-2589 Reimb. State Share Medicaid 3,936 15,748 557-05-10-2500 Medicaid Waiver - Federal Share 4,844 19,380 Subtotal $ (3,251) $ 23,097 Expenditure 555-39-00-3160 DD State Residential $ (9,816) $ (9,816) 559-53-10-3042 MORC DD SIP-Client Services (2,215) (2,215) 557-05-10-3042 Child Model Waiver - Client Services 8,780 35,128 Subtotal $ (3,251) $ 23,097 TOTAL $ 0 $ 0 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of amended financial pages on file in the County Clerk=s office. FISCAL NOTE (Misc. #97239) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY MENTAL HEALTH BOARD - AMENDMENT #4 TO THE FULL MANAGEMENT CONTRACT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH To the Oakland County Board of Commissioners Commissioners Minutes Continued. November 20, 1997 425 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 approves an amendment to the Fiscal Year 1996/1997 Full Management contract with the Department of Community Health. 2) The amendment approves the revised funding authorization for the placement of new recipients on the Child Model waiver, respite funding increase, HUD Section 811 funding and transfer of responsibility for a recipient. 3) The following revenue budget amendment is recommended: Community Mental Health Fund (22297) FY 96/97 FY 97/98 Revenues 550-01-00-2589 State Matching Payments $(11,139) $(11,139) 550-01-00-8101 County Match (892) (892) 550-01-10-2589 Reimb. State Share Medicaid 3,936 15,748 557-05-10-2500 Medicaid Waiver - Federal Share 4,844 19,380 Subtotal $( 3,251) $ 23,097 Expenditures 555-39-00-3160 DD State Residential $( 9,816) $( 9,816) 559-53-10-3042 MORC DD SIP-Client Services ( 2,215) ( 2,215) 557-05-10-3042 Child Model Waiver - Clnt. Ser. 8,780 35,128 Subtotal $( 3,251) $ 23,097 TOTAL $ 0 $ 0 FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Holbert the resolution be adopted. AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97240 BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH - EXTENSION OF THE 1996-1997 ANNUAL PASARR AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS "PASARR" (nursing home PreAdmission Screening and Annual Resident Reviews) evaluations are a requirement of the Federal Nursing Home Reform Act, commonly referred to as "OBRA" and a condition of the State=s continued receipt of Medicaid funding; and WHEREAS the Oakland County Community Mental Health Board approved the Michigan Department of Community Health=s annual agreement regarding "PASARR for 1996-1997, which sets out the requirements for each party in the process; and WHEREAS the PASARR agreement with the Michigan Department of Community Health is due to expire September 30, 1997; and WHEREAS the Full Management Contract has been extended for 120 days; and WHEREAS it is likely that future funding for PASARR will be combined in the new capitated funding arrangement scheduled to commence January 1, 1998; and WHEREAS on October 21, 1997, the Oakland County Community Mental Health Services Board approved a resolution regarding the Extension of the Annual PASARR Agreement for 1996-1997. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the extension of the annual agreement with the Michigan Department of Community Health governing nursing home preadmission screening and annual resident reviews, to January 31, 1998. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. November 20, 1997 426 PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #97240) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY MENTAL HEALTH BOARD EXTENSION OF THE 1996-1997 ANNUAL PASARR AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above-referenced resolution and finds: 1) The resolution approves an extension of the annual agreement that allows for full reimbursement of activities as defined within the agreement. 2) The Fiscal Year 1998 and Fiscal Year 1999 Budgets contemplated approval of the subject agreement, therefore budget amendments are not required. FINANCE AND PERSONNEL COMMITTEE Moved by Taub supported by Jensen the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch, McPherson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #97258 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - REORGANIZATION OF DIGITAL INFORMATION SERVICE CENTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in adopting the Fiscal Year 1998-1999 Biennial Budget and General Appropriations Act, the Oakland County Board of Commissioners established the Digital Information Service Center (DISC) in the Systems Development and Support Division of the Department of Information Technology; and WHEREAS one of the primary responsibilities of the newly established DISC is implementation of the Oakland County Enterprise Parcel Data Operation and Management Plan, an essential prerequisite and integral part of a successful Geographic Information System (GIS); and WHEREAS the short-term goal of the Plan is to automate the 430,000 existing parcel records and then convert the automated parcel records into the Arc/Info Parcel Coverage format; the long-term goal is to maintain and manage the parcel geometry and quality control, as well as disseminate the digital parcel information to user departments, cities, villages and townships, and to the general public through the Enhanced Access System; and WHEREAS accomplishment of the foregoing goals and objectives requires reorganization of DISC to consolidate and integrate adequate human and capital resources to ensure successful Plan implementation; and WHEREAS Information Technology, Equalization and the Register of Deeds (ROD) offices are most affected by the institutional changes. Staffing levels currently in the ROD=s office and Equalization are capable of supporting their defined enterprise parcel management roles. The recommended personnel changes for Information Technology and related organizations are summarized as follows: 1) Create new class titled GIS Enterprise Data Technician (Grade 10, Reg OT), 2) Transfer two positions (#00204, Sr. Tax Description Technician, Grade 10 and #00273, Engineering Technician, Grade 9) from Equalization to DISC and reclassify to GIS Enterprise Data Technician, 3) Transfer Customer Services Technician II position (#01596, Grade 11) from IT/Data Center Operations Division to DISC and reclassify to Network Systems Analyst (Grade 13), 4) Reclassify Application Analyst/Programmer III position (#04694, Commissioners Minutes Continued. November 20, 1997 427 Grade 16) in DISC to Supervisor I - Systems Development (Grade 17), 5) Provide temporary additional compensation for approximately 20 positions in Development and Planning Division, Equalization Division, Health Division, Register of Deeds, and Drain Commissioner=s Offices which have been designated as GIS Department System Area Specialists; and WHEREAS the transfer of function and personnel from the Equalization Division of the Department of Community and Economic Development to the IT/DISC Unit requires a Public Hearing prior to Board of Commissioner=s approval; and WHEREAS the temporary additional compensation is intended to encourage, reward and retain employees who successfully participate in and complete Arc/Info training and apply this training on their job as a GIS - Department Systems Area Expert. Eligibility for the additional compensation (5% in Fiscal Year 1998, 3% in Fiscal Year 1999, and 0% thereafter) will be accorded based on application of a strict set of criteria (Attachment A). NOW THEREFORE BE IT RESOLVED that having held the required Public Hearing for transfer of function and personnel, the Oakland County Board of Commissioners approves the Oakland County Enterprise Parcel Data Operation and Management Plan (Attachment B) and authorizes the following institutional and personnel changes, effective with the first pay-period of 1998 (12-20-97): 1) Create new class titled GIS Enterprise Data Technician (Grade 10, Reg OT), 2) Transfer two positions (#00204, Sr. Tax Description Technician, Grade 10 and #00273, Engineering Technician, Grade 9) from Equalization to DISC and reclassify to GIS Enterprise Data Technician, 3) Transfer Customer Services Technician II position (#01596, Grade 11) from IT/Data Center Operations Division to DISC and reclassify to Network Systems Analyst (Grade 13), 4) Reclassify Application Analyst/Programmer III position (#04694, Grade 16) in DISC to Supervisor I - Systems Development (Grade 17), 5) Provide temporary additional compensation for employees who successfully participate in and complete Arc/Info training and apply this training on their job as a GIS - Department Systems Area Specialist. Eligibility for the temporary additional compensation (5% in Fiscal Year 1998, 3% in Fiscal Year 1999, and 0% thereafter) will be accorded based on application of a strict set of criteria (Attachment A). Chairperson, on behalf of the Strategic Planning Committee, I move adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE Copy of Attachment A and Oakland County Enterprise Parcel Data Operation and Management Plan (Attachment B) on file in the County Clerk=s office. Commissioner Dennis Powers requested a Public Hearing be scheduled for the December 11, 1997 Board of Commissioners= meeting for the purpose of allowing public comment regarding Miscellaneous Resolution #97258 - DEPARTMENT OF INFORMATION TECHNOLOGY - REORGANIZATION OF DIGITAL INFORMATION SERVICE CENTER. The Chairperson scheduled the Public Hearing for 9:45 A.M. The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97259 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 Commissioners Minutes Continued. November 20, 1997 428 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 third quarter of 1997. Chairperson on behalf of the Strategic Planning Committee, I move theadoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE Copy of Information Technology=s Office Automation Schedule - Third Quarter, 1997 on file in the County Clerk=s office. The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97241 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD 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 Third Quarter 1997 data processing development charges to be $588,205 and the imaging development charge to be $1,897 for the governmental fund County departments; and WHEREAS direct charges to non-governmental fund departments and non-County agencies are $529,873 for the Third 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 Third Quarter 1997 Data Processing Development and approves the third quarter appropriation transfer. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE FISCAL NOTE (Misc. #97241) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD 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 third 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 Fiscal Year 1997 Budget should be amended, per the attached document entitled Information Technology Data Processing Development Summary. 4. 1997 Third Quarter Development for the 100% Tax Payment Fund equals $189,867. 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. $ 189,867 Expense 4-63600-182-01-00-3128 Professional Serv. $ 189,867 $ -0- Commissioners Minutes Continued. November 20, 1997 429 5. The following budget amendment is required to restore the Information Technology General Fund Budget. 4-10100-901-01-00-9916 Future Space Requirements $(400,000) 4-10100-181-01-00-6361 Info. Tech. - Dev. 400,000 $ -0- FINANCE AND PERSONNEL COMMITTEE Copy of Information Technology Data Processing Development Summary, Third Quarter 1997 and Information Technology Reserve Fund Development/Support Detail Third Quarter, 1997 on file in the County Clerk=s office. Moved by Powers supported by Millard the resolution be adopted. AYES: Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch, Millard. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #97242) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTRONIC INSPECTION PACKAGE FOR FOOD SERVICE, SEPTIC AND WELLS FOR GPS ONLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above-referenced resolution on November 13, 1997, recommends the resolution be adopted with the following amendments: - That the title be changed as follows: MR #97242 - DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTRONIC INSPECTION PACKAGE FOR FOOD SERVICE, SEPTIC AND WELLS FOR GPS ONLY AND FOR GLOBAL POSITIONING SYSTEM USE FOR SEPTIC AND WELLS. - That the first WHEREAS be amended to read: WHEREAS the County has identified the potential need for electronically capturing inspection information for Food Service, Septic and Wells AND FOR GLOBAL POSITIONING SYSTEM USE FOR SEPTIC AND WELLS; and Chairperson, on behalf of the Finance and Personnel Committee, I move the acceptance of the foregoing report. FINANCE AND PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #97242 BY: Strategic Planning Committee, Dennis Powers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTRONIC INSPECTION PACKAGE FOR FOOD SERVICE, SEPTIC AND WELLS FOR GPS ONLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has identified the potential need for electronically capturing inspection information for food service, septic and wells; and WHEREAS the current method has a number of problems including: 1. The current application is not in compliance with the State of Michig an=s Minimu m Progra m and Commissioners Minutes Continued. November 20, 1997 430 Report ing Requir ements and theref ore could jeopar dize the shared funds; and 2. Information which is collected and reported is not standardized; and 3. The application is located on the mainframe and is not year 2000 compliant; and WHEREAS Proposals were submitted in response to a Request for Proposal (RFP) for an inspection and reporting application to be used in conjunction with the rugged field computers; and WHEREAS the Department of Information Technology and Environmental Health have identified Michigan Data Supply of Waterford, MI to supply twelve (12) rugged field computers as a Pilot Project, and Sword Solution of Swanton, OH to supply the application software, as a result of the issuance of a request for proposal and evaluation of submitted proposals; and WHEREAS the estimated cost to develop an electronic inspection system (including twelve ruggedized laptop computers as a Pilot Project) and integrate with our existing client server infrastructure is approximately $120,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acquisition of an electronic inspection system. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE FISCAL NOTE (Misc. #97242) BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTRONIC INSPECTION PACKAGE FOR FOOD SERVICE, SEPTIC AND WELLS FOR GPS ONLY 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 proposes, and the Strategic Planning Committee recommends, the purchase of (12) twelve rugged field computers which will be used for electronically capturing inspection information for food service, septic and wells. The current application is not in compliance with the State of Michigan=s Minimum Program and Reporting Requirements and, therefore, could jeopardize the shared funds. 2. Total capital cost for the proposal is $120,000. Funds are available in the Information Technology fund equity to cover the capital cost, no budget amendments are required. The annualoperating costs will be recovered through standard quarterly billings to the Health Department. FINANCE AND PERSONNEL COMMITTEE Moved by Powers supported by Obrecht the Finance and Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Commissioners Minutes Continued. November 20, 1997 431 Moved by Powers supported by Obrecht the resolution be adopted. Moved by Powers supported by Obrecht the resolution be amended to coincide with the recommendation in the Finance and Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch, Millard, Moffitt. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #97260 BY: John P. McCulloch, District #22; Shelley G. Taub, District #12; David L. Moffitt, District #18; Dennis Powers, District #10; Donald Jensen, District #15 IN RE: DEPARTMENT OF HUMAN SERVICES - CREATION OF HEALTH EMERGENCY LIASON PROGRAM (HELP) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as many as 5000 citizens and employees enter the County Courthouse Complex on a daily basis, and this number continues to grow; and WHEREAS with the number of people in the Courthouse and on the County complex increasing each year, there are an increasing number of 911 calls made on behalf of employees and citizens who are in need of emergency medical assistance; and WHEREAS Oakland County=s Judicial Branch has also seen a need to provide emergency medical capabilities and has sought to have an emergency medical response program established; and WHEREAS there are medical personnel who could be trained in Advanced Life Support employed at the Medical Care Facility and Health Division who could be called upon to administer first response emergency treatment if mobile medical equipment and supplies were available; and WHEREAS in the interest of service to the public and our employees, such medical equipment (crash carts) could be equipped and strategically located so that at the time of a medical emergency, the equipment and the trained personnel could respond and administer emergency treatment until such time as the 911 Emergency Medical Technicians arrive. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes the County Executive, through the Department of Human Services, to evaluate the creation of a Health Emergency Liaison Program (HELP) which can be reached by a direct phone number and which will provide a trained team of County medical professionals who will administer first response emergency medical assistance to any one in need of such assistance on the County Service Center. This evaluation, to include associated costs, shall be reported to the Public Services Committee by February 15, 1998. Chairperson, we move the adoption of the foregoing resolution. Shelley Taub, David Moffitt, John McCulloch, Donald Jensen, Dennis Powers The Chairperson referred the resolution to the Public Services Committee and the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97261 BY: Commissioner Gilda Jacobs Commissioners Minutes Continued. November 20, 1997 432 IN RE: BOARD OF COMMISSIONERS - DESIGNATION OF THE BOARD OF COMMISSIONERS==== CONFERENCE ROOM AS THE PERNICK/AARON CONFERENCE ROOM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there were two Oakland County Commissioners who were present when the first elected Board of Commissioners was inaugurated in 1969, and who served the people of their districts and the entire County from that tumultuous era to the brink of the millennium; and WHEREAS these two outstanding legislators, friends for decades, rendered their special and unique gifts to more people than they can ever know, and the loss of such accomplished and caring individuals diminishes us all; and WHEREAS in recognition of their more than one-half century of dedicated, selfless public service, their fellow Commissioners wish to honor their achievements and their memory. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby rename the conference room in which Commissioner Dennis M. Aaron and Commissioner Lawrence R. Pernick worked for the people of Oakland County as the PERNICK/AARON CONFERENCE ROOM in honor and recognition of their exemplary public service. Chairperson, on behalf of the entire Board of Commissioners, we move the adoption of the foregoing resolution. Gilda Jacobs, JoAnne Holbert, Eric Coleman, Jeff Kingzett, Ruel McPherson, John McCulloch, Frank Millard, Nancy Dingeldey, Shelley Taub, David Moffitt, Lawrence Obrecht, Thomas Law, Donna Huntoon, Kay Schmid The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97262 BY: Commissioners David L. Moffitt, Thomas A. Law, Frank Millard and Dennis Powers IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO RULE #X, STANDING COMMITTEE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners= Rules provide the operating structure for the Board of Commissioners; and WHEREAS in an attempt to streamline operations, the Board of Commissioners combined the Finance Committee and the Personnel Committee; and WHEREAS this streamlining has had the unexpected negative impact of crowding too many issues on the Finance/Personnel Committee agenda and has not allowed enough time for adequate and thorough review of personnel issues, wages, fringe benefits, retirement systems, classification review or appeal procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend Rule X, A. to read: The Standing Committee Structure shall be: (1) Finance Committee 10 members (2) General Government Committee 9 members (3) Personnel Committee 9 members (4) Planning & Building Committee 9 members (5) Public Services Committee 7 members (6) Strategic Planning Committee 8 members and further amends Rule X.B.3. to read (3) The Personnel Committee shall consists of six (6) members of the majority party and three (3) members of the minority party. and all other numbered subsections, currently numbered 3-5, in Rules X, Section B shall be advanced one number. Chairperson, we move the adoption of the foregoing resolution. David L. Moffitt, Frank H. Millard Thomas A. Law, Dennis N. Powers Commissioners Minutes Continued. November 20, 1997 433 Copy of attachment on file in the County Clerk=s office. The Chairperson referred the resolution to the General Government Committee and the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97263 BY: Commissioners David L. Moffitt, Thomas A. Law and Donn Wolf IN RE: HEALTH DIVISION - AMENDMENT TO SANITARY APPEAL CODE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS amendments are currently proposed to the Sanitary Code regarding membership on the Sanitrary Code Appeal Board; and WHEREAS despite the increase in the payment of per diem from $35 per meeting to $75 per meeting there is still a concern that alternate members are needed for the Appeal Board to meet its responsibilities; and WHEREAS shorter terms would allow the Board of Commissioners a more current review of those individuals appointed to that Board to ascertain that they remain interested and able to attend its hearings, and would alleviate the need for alternate members. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend the Sanitary Code, Article V., Section 1, as follows: The Oakland County Sanitary Code Appeal Board shall consist of five (5) members. Not more than three (3) members shall be of the Oakland County Board of Commissioners, Committee assigned the liaison with the Health Department, with no more than two (2) of those members from any one political party; the remaining members shall be nongovernmental citizens. All members are to be appointed by the Chairperson of the Board of Commissioners with the approval of the Board of Commissioners. In the first instance, one member shall be appointed for a term ending December 31, 1975, two members appointed for a term ending December 31, 1976 and two members appointed for a term ending December 31, 1977. Thereafter, each member shall be appointed for a term of three (3) years 1 year. Each term shall expire at midnight December 31, but each member shall hold office until his successor is appointed. BE IT FURTHER RESOLVED that this amendment be adopted following the required Public Hearing conducted by the Health Department Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. David Moffitt, Thomas Law, Donn Wolf The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97264 BY: Commissioners David L. Moffitt, Thomas A. Law and Donn Wolf IN RE: AMENDMENT OF ARTICLES OF INCORPORATION TO DEFINE TERMS FOR THE MEMBERS OF THE OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS 1986 Public Act 196 (ACT) provides that counties may form a Public Transportation Authority by adopting Articles of Incorporation; and WHEREAS the Oakland County Board of Commissioners, in Miscellaneous Resolution #95083, formed the Oakland County Public Transportation Authority (OCPTA) by adopting Articles of Incorporation; and WHEREAS the OCPTA Articles of Incorporation, at Article VII, Section 4, provide that the Articles of Incorporation may be amended only by the adoption of a resolution by Oakland County Board of Commissioners approving the amendment; and WHEREAS Article VII, Section I, establishes five voting members (one member of the party not in majority) who are appointed by the Chairperson of the Board with the consent of the Board, and whose terms are at the sole pleasure of the Board of Commissioners, and five alternates who are to be appointed and who serve in the same fashion, and WHEREAS Article VII, Section 2 states: Commissioners Minutes Continued. November 20, 1997 434 "Vacancies. Except upon resignation of the member or alternate member, each member or alternate member of the Board appointed pursuant to Section 1 of this Article VII shall serve as a member or alternate member of the Board until their term is ended by the Board of Commissioners action."; and WHEREAS in keeping with the manner and method of appointment of various boards, commissions and authorities, the Public Transportation Authority members term of office should be for a specified length. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Articles of Incorporation of the Oakland County Public Transportation Authority by striking the current language in Article VII, Section 2, and substituting the following: "Terms of Office. Except upon resignation of the member or alternate member, each member or alternate member of the Board appointed pursuant to Section 1 of Article VII shall serve as a member or alternate member of the Board for a term commensurate with the term of County Commissioner, and that all currently serving Board members and alternates terms shall terminate on December 31, 1998." Chairperson, we move the adoption of the foregoing resolution. Thomas Law, David Moffitt, Donn Wolf The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97265 BY: Commissioners David L. Moffitt, Thomas A. Law and Donn Wolf IN RE: DEFINE TERMS FOR THE MEMBERS OF THE OAKLAND COUNTY COMMUNITY DEVELOPMENT ADVISORY COUNCIL AND SEMCOG DELEGATES AND ALTERNATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners annually appoints members to the Oakland County Community Development Advisory Council pursuant to Miscellaneous Resolution #84023 and preceding resolutions Miscellaneous Resolution #7835 and Miscellaneous Resolution #6997; and WHEREAS there is no stated term for the appointments of these members, but precedent has been for the Board Chairperson to appoint individuals to this Council for a term of one-year; and WHEREAS likewise Oakland County's Delegates and Alternates to the Southeastern Michigan Council of Governments (SEMCOG) have been historically appointed by the Board of Commissioners for a one-year term, but there is no guiding resolution which establishes such term. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby specify that the term for Community Development Advisory Council members shall be for one year and shall expire on December 31 of each year; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby specify that the term for Delegates and Alternates to SEMCOG shall be for one year and shall expire on December 31 of each year. Chairperson, we move the adoption of the foregoing resolution. David Moffitt, Thomas Law, Donn Wolf The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97266 BY: Commissioner Eric Coleman IN RE: AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS sudden cardiac arrest (SCA) is the leading cause of death in the United States and claims more than 350,000 lives each year largely because life- saving treatment - an electrical shock to the heart known as defibrillation - does not reach victims within the first few critical minutes; and WHEREAS the likelihood of successful resuscitation decreases by approximately ten percent with each minute following sudden cardiac arrest. After ten minutes, very few resuscitation attempts are successful; and Commissioners Minutes Continued. November 20, 1997 435 WHEREAS while CPR is effective for temporarily maintaining oxygenation of the blood and blood flow to the brain, early defibrillation is recognized as the only effective method of restoring normal cardiac rhythm and resuscitating the patient following cardiac arrest from ventricular fibrillation (VF) and that the use of Automatic External Defibrillators (AEDs) represents the standard of medical care; and WHEREAS the American Heart Association strongly endorses the widespread deployment of Automatic External Defibrillators (AEDs) in the hands of all emergency first-response personnel whose jobs require that they perform basic cardiopulmonary resuscitation (CPR); and WHEREAS the Oakland County Board of Commissioners, the Oakland County Probate Court and the Oakland County Sheriff recognize that waiting five or six minutes for the Pontiac Police to arrive is too long and that the availability of Automatic External Defibrillators (AEDs), within the Oakland County Court House, for use by first response personnel could help save the lives of our 2,000 county employees and thousands of visitors within the Court House complex. NOW THEREFORE BE IT RESOLVED THAT available funds with the existing budget of the Probate Court of Oakland County be identified, encumbered and appropriated for the purchase and maintenance of two defibrillators; and BE IT FINALLY RESOLVED THAT funding sources be identified and appropriated for the training of an adequate number of Oakland County Court House Security Staff to have available two to three trained personnel within the Oakland County Courthouse at any given time. Chairperson, I move the adoption of the foregoing Resolution. Commissioner Eric Coleman The Chairperson referred the resolution to the Public Services Committee and the Finance and Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #97267 BY: Commissioner Frank H. Millard IN RE: RECISION AND REMAND OF THE OAKLAND COUNTY WELL PROTECTION AND EDUCATION POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the supply of safe potable water is fundamental to individual, public and community health; and WHEREAS in the adoption of Miscellaneous Resolution #96232, ADOPTION OF THE OAKLAND COUNTY WELL PROTECTION AND EDUCATION POLICY, (the Policy), the Board of Commissioners sought to create a policy which would insure such safe water; and WHEREAS the County Executive did not implement Miscellaneous Resolution #96232 contrary to the override of his veto of that resolution; and WHEREAS the Board of Commissioners in the passage of Miscellaneous Resolution #97129, on June 12, 1997, directed: its Chair to appoint an Ad Hoc Well Protection and Education Policy Review Committee whose responsibility it will be to review said policy with the County Executive in an attempt to resolve all outstanding issues relating to the policy, and report its findings and recommendations to the Public Services Committee, for recommendation to the Board of Commissioners within 45 days of the appointment of the Ad Hoc Well Policy Review Committee. and further resolved: if consensus is not reached between the Board of Commissioners and the County Executive in regards to implementation of the Oakland County Well Protection and Education Policy within said forty-five days, the Chairperson of the Board of Commissioners is hereby authorized to proceed with appropriate legal action to ensure implementation of said policy. and WHEREAS as of November 20, 1997, the Chairperson of the Board of Commissioners, has failed to appoint an Ad Hoc Well Protection and Education Policy Review Committee pursuant to the direction of the Board thereby denying the Board the opportunity to attempt resolution of the outstanding issues relating to the policy; and WHEREAS this action is prudent and necessary in light of the receipt and publication of a letter received by the Department of Human Services on October 8, 1997, the contents of which states that policy fails to provide adequate provisions for implementing a proactive, preventative water supply Commissioners Minutes Continued. November 20, 1997 436 program which would qualify for State cost sharing and that the policy is inappropriate as a measure to achieve compliance wit the MPRs for the State=s Drinking Water Program; and WHEREAS the Board=s failure to address this issue in a timely fashion by following through with the mandates set forth in Miscellaneous Resolution #97129 has resulted in an unnecessary and unacceptable delay in addressing this very important issue contributing significantly to the continued deterioration of relations between the County=s Executive and Legislative branches to the detriment of the citizens of this County. WHEREAS in light of the Michigan Department of Environmental Quality Letter which indicates that our adopted policy needs to be modified to meet the basic requirements for State approval, a new, fresh look at this important issue should be undertaken by this Board, through its established standing committee process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby rescind Miscellaneous Resolution #97129, discharges the Chairperson from further obligation thereon, and remands the issue of Oakland County Well Protection and Education Policy back to the Public Services Committee for review and modification of Miscellaneous Resolution #96232. Chairperson, I move adoption of the foregoing resolution. Lawrence Obrecht, David Moffitt, Ruel McPherson, Frank Millard, Thomas Law The Chairperson referred the resolution to the Public Services Committee and the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #97268 BY: Commissioners Frank Millard, Lawrence Obrecht and Gilda Jacobs IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION AND ENFORCEMENT OF THE DRINKING WATER SUPPLY PROGRAM, ARTICLE X OF THE OAKLAND COUNTY SANITARY CODE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Government places the highest priority on protecting the health and safety of our residents; and WHEREAS the supply of safe potable water is fundamental to individual, public and community health; and WHEREAS over a quarter million residents of Oakland County depend on private well water supplies for their daily living needs; and WHEREAS the Department of Environmental Quality has warned that the current well policy is ineffectual for ensuring that citizens are provided with safe, reliable water supplies that comply with State codes; and WHEREAS Oakland County=s current Well Protection and Education Policy lacks certain provisions needed to meet State cost sharing requirements; and WHEREAS compliance with State safe drinking water program cost sharing minimal requirements is necessary for continuation of Oakland County=s eligibility to receive the over $300,000 in cost sharing moneys currently provided to assist in protecting our wells. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the adoption of the attached Article X, Drinking Water Supply Program, as a revision to the Oakland County Sanitary Code; and BE IT FURTHER RESOLVED that the Drinking Water Supply Program be established at a level which will meet the program requirements for the State safe drinking water supply cost sharing program; and BE IT FURTHER RESOLVED that one (1) Senior Public Health Sanitarian, three (3) Public Health Sanitarian and one (1) Typist II position be created in the Health Division; and BE IT FURTHER RESOLVED that a Well Safety Map Fund be created in the Health Division, with an initial appropriation of $500,000 and the Health Division shall seek other funding sources to supplement or offset the cost of the development of a well safety map; and BE IT FURTHER RESOLVED that, utilizing the Well Safety Map Fund, the Health Commissioners Minutes Continued. November 20, 1997 437 Division, pursuant to MCL 333.2433(2)(c)(iii) and MCL 333.2433(2)(d), shall commission a comprehensive ground water quality study, to be conducted by credentialed public health and scientific professionals affiliated with a Michigan university and/or independent State of Michigan or Federal governmental agency, who are charged with mapping the entire county. The study shall utilize well log data, well testing data, test boring and test well data, and any other data the public health and scientific professionals think appropriate. Study results shall include a map developed by the study team. The map shall be posted on the County=s Internet web site, supplied to public libraries, and, upon sufficient appropriation by the Board of Commissioners, directly mailed to all Oakland County residents served by wells or living in areas where wells are allowed. BE IT FURTHER RESOLVED that the Board of Commissioners commits to funding expansion of the Health Division laboratory facilities and stafffing to allow them capacity to conduct water analysis to identify arsenic and such other potential contaminents as may be a concern. Chairperson, we move the adoption of the foregoing resolution. Frank Millard, Thomas Law, Lawrence Obrecht, Gilda Jacobs, David Moffitt, Ruel McPherson Copy of Article X on file in the County Clerk=s office. The Chairperson referred the resolution to the Public Services Committee and the Finance and Personnel Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referral: GENERAL GOVERNMENT a. Township of Holly - County Funded Road Improvements There were no objections to the referral. The meeting adjourned at 12:22 P.M. to the call of the Chair or December 11,1997 at 9:30 A.M. G. WILLIAM CADDEL JOHN McCULLOCH Deputy Clerk Chairperson