HomeMy WebLinkAboutMinutes - 1998.07.16 - 8253
274
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
July 16, 1998
Meeting called to order by Chairperson John McCulloch at 10:07 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub,
Wolf. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Sue Ann Douglas.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Dingeldey the minutes of the June 11, 1998 Board
meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Coleman the rules be suspended and the agenda be
amended, as follows:
ITEMS ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
a. Central Services/Oakland County International Airport - 1998 Grant
Acceptance
(Reason for suspension of General Government Committee item a: Waiver of Rule
XII-F - Direct referral to Finance Committee)
PERSONNEL COMMITTEE
a. Deferred Retirements Buy-Out Plan - Recommendation for Adoption
(Reason for suspension of Personnel Committee item a: Waiver of Rule XII-F -
Direct referral to Finance Committee)
PLANNING AND BUILDING COMMITTEE
d. Drain Commissioner - Acacia Park CSO Drainage District Drain Bonds -
Full Faith and Credit Resolution
e. Drain Commissioner - North Arm Relief Drain: Execution of Interlocal
Agreement, Execution of Contract to Advance and Repay Funds for
Clawson=s Apportioned Project Share; Authorization for County of
Oakland to Pay Their Apportioned Share as an Up-front Cash Payment
(Reason for suspension of Planning and Building Committee items d and e: Waiver
of Rule XII-F - Direct referral to Finance Committee)
Commissioners Minutes Continued. July 16, 1998
275
ITEM NOT ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
h. Department of Central Services/Support Services Division - Radio
Communications Application/Acceptance of Hazard Mitigation Grant
(Reason for suspension of Planning and Building Committee item h: Waiver of Rule
III, five-day notification. Planning and Building Committee meeting held
immediately prior to July 16, 1998 Board meeting)
AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
A sufficient majority have voted therefor, the motion to suspend the rules
and amend the agenda carried.
Clerk Lynn D. Allen read a communication from Chairperson John McCulloch
requesting confirmation of Commissioner Robert J. Hoffman=s appointment to the
following Lake Boards for a term ending December 31, 1998: Charlick, Duck Gourd,
Highland, Kellogg, Taggett, Tomahawk and Woodruff. There being no objections,
the appointment was confirmed.
Clerk Lynn D. Allen read a communication from Chairperson John McCulloch
requesting confirmation of Commissioner Ruel E. McPherson=s appointment to the
Oakland County Sanitary Code Appeal Board for a term ending December 31, 1998.
There being no objections, the appointment was confirmed.
Clerk Lynn D. Allen read a communication from Ed Amos thanking the Board
for their well wishes for recovery during his recent illness.
Commissioner Palmer requested a Public Hearing be scheduled for the purpose
of allowing public comment on the Economic Development Corporation V & M Project,
City of Royal Oak. The Chairperson scheduled the hearing for 10:00 A.M. on
August 6, 1998 in the Board of Commissioners= Auditorium.
Commissioner Schmid requested a Public Hearing be scheduled for the purpose
of allowing public comment on the Local Law Enforcement Block Grant Program. The
Chairperson scheduled the hearing for 10:00 A.M. on August 6, 1998 in the Board
of Commissioners= Auditorium.
Commissioner Fran Amos, Chairperson of the Community Mental Health Services
Board, addressed the Board with a Community Mental Health Board progress update.
Chairperson John McCulloch announced that the Transition Task Force for the
proposed Authority recently made recommendations to the Community Mental Health
Services Board. The recommendations were passed unanimously and will be sent to
the appropriate committees in August.
Chairperson John McCulloch announced that a Blue Ribbon Award would be
presented to Community Development at the August 6, 1998 meeting.
Perry Russo, Dennis Cowan and Elmer Cerano addressed the Board.
MISCELLANEOUS RESOLUTION #98154
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER====S OFFICE - AMENDMENT TO AUTHORIZE DEPOSITORIES, MISCELLANEOUS
RESOLUTION #97246
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 Resolution #97246
authorizes those depositories.
Commissioners Minutes Continued. July 16, 1998
276
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes that Miscellaneous Resolution #97246 be amended by adding the
following financial institutions as authorized depositories for public monies
held by the County Treasurer:
Bank One
National City Bank
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 Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Coleman the resolution be adopted.
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman,
Holbert, Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98155
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: TREASURER'S OFFICE - AMENDMENT TO THE INVESTMENT POLICY FOR THE COUNTY OF
OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as the County Treasurer wishes to add an additional type of
investment to the Investment Policy for the County of Oakland approved by
Miscellaneous Resolution #98040.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes that Section 6.0, entitled Authorized Investments in the Investment
Policy for the County of Oakland be amended by adding 6.10 Mutual Funds that are
only legal for direct investment by a public corporation, limited to securities
that maintain a net asset value of $1.00 per share and maintain a non-fluctuating
net asset value.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Amos the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert,
Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #98136)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - TRANSFER OF POSITIONS BETWEEN
FISCAL SERVICES DIVISION AND PURCHASING DIVISION AND CREATION OF PURCHASING
SYSTEMS COORDINATOR CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on
July 8, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. July 16, 1998
277
MISCELLANEOUS RESOLUTION #98136
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - TRANSFER OF POSITIONS BETWEEN
FISCAL SERVICES DIVISION AND PURCHASING DIVISION AND CREATION OF PURCHASING
SYSTEMS COORDINATOR CLASSIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #96238
adopted October 24, 1996, authorized the implementation of a new Human
Resource/Financial Information System (HRFIS); and
WHEREAS a major software component of HRFIS is the Performance Series
Purchasing Module which supports the life cycle of the procurement process,
including: initiation of departmental requisition, invitation to bid, conversion
of requisition or bid into legally binding purchase order, recognition for
receipt of goods against the purchase order, and generation of voucher upon entry
of the vendor invoice; and
WHEREAS the scope of responsibility for performing the duties of automated
procurement system administrator extends beyond existing classifications and
resources within the Purchasing Division; and
WHEREAS the HRFIS system has enabled the Fiscal Services Division to
economize performance of its responsibilities to the extent that a professional
level position (Accountant II-Grade 10) can be traded for a clerical support
position (Clerk III-Grade 5) without jeopardizing service delivery; and
WHEREAS the Department of Management and Budget proposes to transfer one
(1) Accountant II (Grade 10) position (#12613-01177) from Fiscal Services
Division to Purchasing Division and reclassify to Purchasing Systems Coordinator
(Grade 12); transfer one (1) Clerk III (Grade 5) position (#12401-04716) from
Purchasing Division to Fiscal Services Division and downward reclassify one (1)
Buyer II position (#12401-01525) to Buyer I; and
WHEREAS the first-year budget implications of the foregoing proposal are as
follows:
CURRENT CLASSIFICATION SALARY FRINGE TOTAL
Accountant II (Grade 10) $ 41,818 $ 18,475 $ 60,293
Buyer II (Grade 10) 35,842 13,738 49,580
Clerk III (Grade 5) 28,384 11,339 39,723
Total $106,044 $ 43,552 $149,596
PROPOSED CLASSIFICATION
Purchasing Systems Coord. (Grade 12) $ 39,769 $ 16,425 $ 56,194
Buyer I (Grade 9) 31,226 12,896 44,122
Clerk III (Grade 5) 28,384 11,339 39,723
Total $ 99,379 $ 40,660 $140,039
Savings/(Loss) $ 6,665 $ 2,892 $ 9,557
WHEREAS the County Executive recommends approval of this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
creates the job classification of Purchasing Systems Coordinator (Grade 12-OT).
BE IT FURTHER RESOLVED that position #01177 be transferred from the Fiscal
Services Division to the Purchasing Division and upgraded from Accountant II
(Grade 10) to Purchasing Systems Coordinator (Grade 12); that position #04716
(Clerk III-Grade 5) be transferred from the Purchasing Division to the Fiscal
Services Division; and that position #01525 be downward reclassified from
Buyer II (Grade 10) to Buyer I (Grade 9).
BE IT FURTHER RESOLVED that the resultant savings be returned to General
Fund-Contingency as follows:
FY1998 FY1999
DEPT OCA PCA ACCOUNT DESCRIPTION AMOUNT AMOUNT
12 401200 40010 2001 Purchasing -Salaries $ 1,301 $ 6,769
2074 -Fringes 816 4,244
12 613200 61320 2001 Payroll Unit-Salaries ( 8,042) ( 41,818)
2074 -Fringes ( 3,552) ( 18,475)
12 621200 62326 2001 Fiscal Svcs -Salaries 5,458 28,384
-Fringes 2,181 11,339
Increase/(Decrease) ($ 1,838) ($ 9,557)
90 290000 25000 2564 General Fund Contingency 1,838 9,557
Total $ -0- $ -0-
Commissioners Minutes Continued. July 16, 1998
278
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Holbert the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Holbert the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon,
Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98156
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: CENTRAL SERVICES/OAKLAND COUNTY INTERNATIONAL AIRPORT - 1998 GRANT
PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of
Transportation Grant Contract, Project No. C-26-0079-1698, for Federal funds in a
maximum obligation of $90,000, for the development and improvement of Oakland
County International Airport; and
WHEREAS the project consists of rehabilitation and widening of the
northeast taxiway; and
WHEREAS the Michigan Department of Transportation has received a grant from
the Federal Aviation Administration for airport development projects and shall
act as agent on behalf of the County in the administration of the project; and
WHEREAS the development project as offered and approved by the Michigan
Department of Transportation and Federal Aviation Administration requires a local
grant match of $10,000, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed and approved the grant contract
subject to ratification by the Oakland County Board of Commissioners and believes
it to be in the County's interest to accept the grant contract; and
WHEREAS the attached contract has been approved in accordance with the
County Executive's review process; and
WHEREAS no application was requested from Oakland County, therefore the
application provisions of Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the grant contract in an amount not to exceed $100,000.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners or the approved designee is authorized to execute the grant
contract and to approve grant modification up to fifteen (15) percent which is
consistent with the original grant contract.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement for a Federal/State/Local Airport Project Under the Block
Grant Program on file in the County Clerk=s office.
FISCAL NOTE (Misc. #98156)
By: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: CENTRAL SERVICES/OAKLAND COUNTY INTERNATIONAL AIRPORT - 1998 GRANT
PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
Commissioners Minutes Continued. July 16, 1998
279
1. Oakland County has received a Michigan Department of Transportation
Grant Project #C-26-0079-1698, for Federal funds in the maximum
obligation of $90,000 for the development and improvement of Oakland
County International Airport.
2. The project consists of the rehabilitation and widening of the
northeast taxiway.
3. The project as offered and approved by the Michigan Department of
Transportation and Federal Aviation Administration requires a local
match in the amount of $10,000.
4. The required match is available in the Airport Fund balance.
5. The Airport Committee has reviewed and approved the grant, subject
to ratification by the Oakland County Board of Commissioners.
6. The following amendment be made to the Fiscal Year 1998 Adopted
Budget:
13-137201-00050-8005 Estimated Profit or Loss $(10,000)
13-137201-00050-2872 Grant Match 10,000
$ 0
FINANCE COMMITTEE
Moved by Dingeldey supported by Kaczmar the resolution be adopted.
AYES: Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: APPOINTMENT TO THE SOLID WASTE PLANNING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed applications for
appointment to the Solid Waste Planning Committee on July 6, 1998, recommends
that Richard Padlo be appointed to a Solid Waste Management Industry seat to
complete a two-year term through October 11, 1999.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of attachments on file in County Clerk=s office.
Moved by Dingeldey supported by Obrecht the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Obrecht the appointment of Richard Padlo to
the Solid Waste Planning Committee, to complete a two year term ending
October 11, 1999, be confirmed.
AYES: Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
Commissioners Minutes Continued. July 16, 1998
280
A sufficient majority having voted therefor, the appointment of
Richard Padlo to the Solid Waste Planning Committee was confirmed.
Commissioners Minutes Continued. July 16, 1998
281
REPORT (Misc. #98144)
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: REQUEST OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TO HOLD PUBLIC
HEARINGS REGARDING LOCAL WATERCRAFT CONTROLS ON CASS LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on July 6, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #98144
BY: Commissioners Shelley Taub, District #12; Fran Amos, District #5
IN RE: REQUEST OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TO HOLD PUBLIC
HEARINGS REGARDING LOCAL WATERCRAFT CONTROLS ON CASS LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Cass Lake, at 1280 acres, is the largest inland lake in southeast
Michigan; and
WHEREAS Cass Lake is located entirely within Oakland County, and within or
adjacent to the City of Keego Harbor, the City of Orchard Lake Village, the
Township of Waterford, and the Township of West Bloomfield; and
WHEREAS each year thousands of persons use Cass Lake for a variety of
recreational activities, including boating, personal watercraft, water skiing,
fishing, swimming and diving; and
WHEREAS Cass Lake is the most heavily used body of water in Oakland County
and in southeast Michigan; and
WHEREAS the heavy use of Cass Lake has given rise to a number of problems
including water quality, noise pollution, dangerous operation of boats and
personal watercraft, conflicts between riparian and non-riparian property owners,
and conflicts between lake users; and
WHEREAS many of these problems may not be addressed by current laws and
regulations under the Michigan Marine Safety Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby requests that the Michigan Department of Natural Resources conduct an
investigation into marine safety and user conflict issues on Cass Lake in Oakland
County to determine the need to adopt local watercraft controls on Cass Lake.
BE IT FURTHER RESOLVED that as part of its investigation, the Michigan
Department of Natural Resources is requested to call a hearing or hearings to
take testimony from the public concerning the need for local watercraft controls
on Cass Lake.
Chairperson, we move the adoption of the foregoing resolution.
Shelly Taub, Fran Amos
Moved by Dingeldey supported by Taub the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Taub the resolution be adopted.
AYES: Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. July 16, 1998
282
REPORT (Misc. #98151)
By: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: BOARD OF COMMISSIONERS - CABLECAST MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on July 6, 1998, reports with the recommendation that the resolution
be adopted with the NOW THEREFORE BE IT RESOLVED paragraph amended to read as
follows:
(Key: Deletions: Strikeout; Additions: In Bold)
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby direct its staff to develop conduct a
feasibility study and identify costs associated with a plan to cablecast
the Oakland County Board of Commissioners= and committee meetings on all
cable governmental access as a public service to the Citizens of Oakland
County.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #98151
BY: Commissioners Jeff Kingzett, David L. Moffitt, Gilda Z. Jacobs, Thomas A.
Law
IN RE: BOARD OF COMMISSIONERS - CABLECAST MEETINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland operates under the Freedom of Information Act
(FOIA), 1976 Public Act 442, which declares that, "It is the policy of this State
that all persons...are entitled to full and complete information regarding the
affairs of government and the official acts of those who represent them as public
officials and public employees...so that they may fully participate in the
democratic process."; and
WHEREAS the County of Oakland operates under the Open Meetings Act, 1976
Public Act 267, as amended, which strengthens the right of citizens to know what
actions are being taken by their government; and
WHEREAS the principals of democratic representation are most manifest at
the local level of government; and
WHEREAS the government of the County of Oakland can work best for its
citizens when those citizens are informed and involved in the decisions of its
government.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby direct its staff to develop a plan to cablecast the Oakland County
Board of Commissioners= meetings on all cable governmental access as a public
service to the citizens of Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
Jeff Kingzett, David L. Moffitt,
Eric Coleman, Vincent Gregory,
JoAnne Holbert, Gilda Z. Jacobs,
Charles Palmer, Donald W. Jensen,
Dan Devine, Jr., Ruel E. McPherson,
Eugene Kaczmar, Thomas A. Law,
Donn Wolf
Moved by Dingeldey supported by Jacobs the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Moffitt the resolution be adopted.
Moved by Dingeldey supported by Kingzett the resolution be amended to
coincide with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Commissioners Minutes Continued. July 16, 1998
283
Vote on resolution, as amended:
AYES: Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #98152)
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: SUPPORT THE AMERICAN ECONOMY PROTECTION ACT OF 1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on July 6, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #98152
BY: Commissioners Shelley Taub, District #12; Donn L. Wolf, District #19
IN RE: SUPPORT THE AMERICAN ECONOMY PROTECTION ACT OF 1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS through the adoption of Miscellaneous Resolution #97227, the
Oakland County Board of Commissioners urged the Federal government not to
negotiate any Treaty in Kyoto, Japan 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
WHEREAS Miscellaneous Resolution #97227 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
WHEREAS Miscellaneous Resolution #97227 memorialized the members of the
United States Senate not to consent to any protocol or agreement regarding the
Global Climate Change, unless said protocol or agreement was:
(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; and
WHEREAS along with a growing body of evidence from economic studies which
indicate that any U.S. effort to significantly limit greenhouse gas emissions in
a short timeframe will slow economic growth, cost hundreds of thousands of jobs
in Oakland County and throughout the United States, comes a strong opposition of
U.S. citizens and businesses to such mandatory constraints on fossil fuel use
which would raise the monthly cost to consumers for electricity, heating and
cooling bills by more than 50%, and it is projected that the residents of Oakland
County could experience a gasoline price increase of $0.50 per gallon; and
WHEREAS in the face of such growing opposition, President Clinton and his
appointees at the Environmental Protection Agency, have been unable to garner the
necessary 2/3 vote of the Senate to adopt this ill-advised policy on climate
control, and have determined to force Kyoto-level emission reduction standards on
all of the states, thus circumventing the Senate by abridgement of the United
States Constitution; and
Commissioners Minutes Continued. July 16, 1998
284
WHEREAS Congressman Joe Knollenberg has introduced House Resolution 3807,
(accompanied by Senator Ashcroft=s Senate Bill 2019) known as the American
Economy Protection Act of 1998, to prohibit the use of Federal funds for a
stealth implementation of the Kyoto Protocol to the United Nations Framework
Convention on Climate Change, unless or until the Senate has given its advice and
consent on ratification of the Protocol; and
WHEREAS the Oakland County Board of Commissioners finds itself in the most
distressing position of having to address its Federal elected officials to take
action to insure that the President and the Environmental Protection Agency do
not circumvent the U.S. Constitution in an action more designed to enlarge their
power and control than to protect wildflowers and songbirds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
strongly reiterates its position in Miscellaneous Resolution #97227, that the
United States should not agree to any international global climate proposals
which are not justified by sound scientific and economic policies.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does
hereby support THE AMERICAN ECONOMY PROTECTION ACT OF 1998, to protect not only
our County=s economy, but our Constitutional process.
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, United States House of Representatives -
Congressmen Joseph Knollenberg, Sander Levin, Dale Kildee, James Barcia, David
Bonior, Dave Camp, John Conyers, Jr., John Dingell,
Vernon Ehlers, Peter Hoekstra, Carolyn Kilpatrick, Lynn Rivers, Nick
Smith, Debbie Stabenow, Bart Stupak, Fred Upton, Oakland County legislators, the
Governor of the State of Michigan, the National Association of Counties, Michigan
Association of Counties and to Oakland County=s legislative agents.
Chairperson, we move the adoption of the foregoing resolution.
Shelley Taub, Donn L. Wolf
Moved by Dingeldey supported by Wolf the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Wolf the resolution be adopted.
AYES: Hoffman, Huntoon, Jensen, Johnson, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Devine, Dingeldey,
Douglas, Garfield. (19)
NAYS: Holbert, Jacobs, Kaczmar, Kingzett, Coleman, Gregory. (6)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98157
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS - AUTHORIZATION TO IMPLEMENT 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 is desirous of implementing a modern turnkey
client-server computer system for cash receipting, indexing and imaging of
property records that will more effectively meet legal and public information
requirements for which there is an increasing demand; and
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution #97250, authorized the County Clerk/Register of Deeds to engage
Business Records Corporation (BRC) to implement a pilot project to install a
Commissioners Minutes Continued. July 16, 1998
285
modern turnkey client-server computer system for cash receipting, indexing and
imaging for Uniform Commercial Code transactions only; and
Commissioners Minutes Continued. July 16, 1998
286
WHEREAS the Clerk/Register is pleased to report successful implementation
of the pilot project and recommends extension of the system to all property
records; and
WHEREAS the proposal transfers business risk to the vendor by requiring
installation of the necessary hardware and software at their expense and then
charging a $2.55 fee per document successfully processed; and
WHEREAS the County Executive recommends approval of this project with the
understanding that the vendor is responsible for connectivity with other County
land-related computer systems, such as, Geographic Information System (GIS), Land
and Property Management System (Equalization and Treasurer), and the Mortgage
Approval Acceleration Program (MAAP) through the Digital Information Service
Center.
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 modern turnkey client-server computer system for cash
receipting, indexing and imaging for all Oakland County property records.
BE IT FURTHER RESOLVED that the contract fee of $2.55 be instituted for a
period not less than three years upon successful implementation of the proposed
system, for an estimated annual cost of $765,000 to process the approximately
300,000 transactions.
Chairperson, on behalf of the General Government Committee, I move adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Strategic Planning and
Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98158
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: DEFERRED RETIREMENTS BUY-OUT PLAN - RECOMMENDATION FOR ADOPTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland continues to explore opportunities to control
personnel costs while maintaining a competitive salary and benefit package; and
WHEREAS the County of Oakland has a number of vested, deferred retirements
to administer, including the provision of future health care, for persons no
longer in the service of the County; and
WHEREAS the Michigan Attorney General, in 1991 Opinion Number 6697, page
116, confirms that the County may, without violating the State Constitutional
protection of contractual obligations, modify retirement benefits to current
retirees and members if it provides alternative benefits in their place that are
equal to or greater than pension benefits that would be limited or withdrawn; and
WHEREAS it is permissible to amend the plan to offer deferred retirees the
opportunity to receive a Lump-Sum payment actuarially equivalent to the
present value of their accrued benefit; and
WHEREAS offering a buy-out of the deferred retirements will result in no
tax consequence to the individuals; and
WHEREAS deferred retirees will incur no tax consequence if a deferred
retiree elects to roll the Lump-Sum to another tax-qualified retirement plan or
Individual Retirement Account (IRA); and
WHEREAS there is nothing in law that would prohibit the County from
requiring the deferred retirees surrender other retirement benefits including
future health care as a condition of receiving the optional Lump-Sum buy-out; and
WHEREAS any offer to buy-out deferred retirements would be voluntary and
optional to those eligible; and
WHEREAS the approval of changes to the retirement plan requires the
approval of the State of Michigan State County Pension Plan Committee, in
addition to authorization by the County Board of Commissioners; and
WHEREAS it has been the practice of the Oakland County Retirement
Commission to obtain the approval of the U.S. Internal Revenue Service and to
condition any Plan Amendment on obtaining a determination letter that the
proposed Amendment does not adversely affect the tax-qualified status of the
Retirement Plan.
Commissioners Minutes Continued. July 16, 1998
287
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the Deferred Retirement Buy-Out Plan initiating an offer to buy-out
accrued, vested retirement benefits to members of the retirement system who have
left the service of Oakland County, deferring their retirement benefits. BE
IT FURTHER RESOLVED that buy-outs be offered in a Lump-Sum, thereby allowing a
rollover of same to another tax-qualified retirement plan or Individual
Retirement Account, effective August 3, 1998.
BE IT FURTHER RESOLVED that the buy-out of each particular deferred retiree
be contingent on the deferred retiree's signed waiver of rights to any and all
other retirement welfare benefits, including the right to future County funded
health care.
BE IT FURTHER RESOLVED that the Board of Commissioners amend the Oakland
County Employee's Retirement System Resolution by adding:
SECTION 34.4, Single Sum Payment to Vested Former Members of the DB part.
The Retirement Commission shall undertake the following with respect to
vested former Members:
a. As of June 30, 1998 determine who the vested former Members are;
b. Determine each such vested former Member=s Pension as defined in
Section 18 of the Defined Benefit Part of the Retirement System;
c. Determine the present value, as of July 31, 1998 of the Lump-Sum
actuarial equivalent accrued benefit of each such vested former
Member=s Pension using all of the Retirement Commission=s actuarial
assumptions as in effect for funding purposes for the
September 30, 1997 annual actuarial valuation;
d. Make the same determination in (c), except without the use of a
Disability factor used for funding purposes; and
e. Notify each such vested former Member in writing that they have an
irrevocable, one-time election continuing for no less than seven (7)
days nor more than ninety (90) days in which to decide as to whether
they want to receive a single sum payment of the value determined in
(d) on or about August 3, 1998 in lieu of any further Pension from
this System and specifically waiving any rights to benefits from the
Oakland County Retirees= Health Care Trust.
BE IT FURTHER RESOLVED that the Secretary of the Retirement Commission is
authorized to have proper application made to the Treasury Department of the
United States to obtain formal approval of the said Deferred Retirement Buy-Out
Plan in accord with applicable provisions of the Internal Revenue Code, and to
employ competent counsel in the prosecution of such application, and to do such
other acts as shall be necessary hereunder to put the said Deferred Retirement
Buy-Out Plan in operation.
BE IT FURTHER RESOLVED that this adoption and authorization of the Deferred
Retirement Buy-Out Plan be and the same hereby is made expressly contingent upon
the approval of same by the Internal Revenue Service in accord with applicable
provisions of the Internal Revenue Code, and that the Retirement Commission,
through its attorneys, promptly submit said Deferred Retirement Buy-Out Plan for
such approval.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution, subject to the approval of the State County Pension
Plan Committee and the U.S. Internal Revenue Service.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #98158)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEFERRED RETIREMENT BUY-OUT PLAN - RECOMMENDATION FOR ADOPTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of the Board, the Finance Committee has reviewed the
above-referenced resolution and finds that funding is available in current
retirement system reserves to cover the proposed Deferred Retirement Buy-Out
Plan. No additional appropriation is required.
FINANCE COMMITTEE
Copy of Proposed Letter to Deferred Retiree on file in the County Clerk=s
office.
Commissioners Minutes Continued. July 16, 1998
288
Moved by Law supported by Hoffman the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98159
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: PERSONNEL/HUMAN RESOURCES - COUNTY BOUNTY - RECRUITMENT REWARD FOR
DIFFICULT TO RECRUIT CLASSIFICATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the current labor market has made recruitment of qualified
applicants extremely difficult in certain professions resulting in a number of
County positions remaining vacant for extended periods of time, thereby causing a
hardship for specific departments; and
WHEREAS the usual methods of recruitment including newspaper and journal
advertisements, job fairs, etc., are being used at considerable cost with limited
success in certain difficult to recruit professions; and
WHEREAS it is desirable to discover and implement new and creative ways to
attract and hire employees in highly competitive fields.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of a program to be called County Bounty whereby the
Personnel Department will identify specific classifications which have been
difficult to fill and will offer a monetary award to County employees (excluding
elected and appointed officials, employees of the Personnel Department and
members of the interview panel) for recruitment of a successful candidate. In
order for a County employee to receive such an award the referred candidate must
compete in the normal examination process, be selected by the hiring department
and successfully complete a six month probationary/advisory period. In addition,
the referring party must be identified as the referral agent by the recruited
candidate in writing prior to the date of hire in order for the referring agent
to be eligible for the award. The Personnel Department/Human Resources Division
will be responsible to develop and administer specific policy guidelines for this
award program.
BE IT FURTHER RESOLVED that notification of the County Bounty will be
posted in the Personnel Department and may be distributed by other means
determined appropriate.
BE IT FURTHER RESOLVED that the referral award will come from non-
designated fund balances in the department where the vacancy exists. The amount
of the award will be established based on a formula not to exceed 5% of the one
year salary rate of a given classification in affect at the time the award is
announced, prorated for the amount of time the position has been vacant during
the one year period immediately preceding the announcement of the award. For
example, the Bounty for an Applications Analyst/Programmer I that has been vacant
for three quarters of the year preceding the award announcement will be
determined not to exceed the following amount: .05 x $37,766 x .75 = $1,416. The
amount of the award shall be determined and authorized by the Personnel
Department and will be clearly specified at the time the award is announced. In
no case shall the award exceed $2,000.00.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98160
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION APPROVING PROJECT AREA AND
PROJECT DISTRICT AREA (ALUMINUM BLANKING COMPANY, INC. PROJECT) - CITY OF PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize the
Commissioners Minutes Continued. July 16, 1998
289
County's economy and to encourage the location and expansion of such enterprises
to provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
WHEREAS the Economic Development Corporation has commenced proceedings
under the Act for the benefit of such a project (Aluminum Blanking Company, Inc.
Project) and has designated to this Board of Commissioners a Project Area and
Project District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the
Economic Development Corporation to this Board is hereby certified as approved.
BE IT FURTHER RESOLVED that it having been determined that the territory
surrounding said designated Project Area will not be significantly affected by
the Project because the surrounding territory is devoted to commercial/industrial
uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein certified as approved be hereby
established.
BE IT FURTHER RESOLVED that it having been determined that there are less
than eighteen residents, real property owners, or representatives of
establishments located within the Project District Area, a Project Citizens
District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide
four certified copies of this resolution to the Secretary of the Board of the
Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Aluminum Blanking Company, Inc. Profile and Map on file in County
Clerk=s office.
Moved by Palmer supported by Holbert the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Millard,
Moffitt, Obrecht, Palmer, Schmid, Taub, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therfor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98161
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION CONFIRMING APPOINTMENT OF
ADDITIONAL ECONOMIC DEVELOPMENT CORPORATION DIRECTORS (ALUMINUM BLANKING COMPANY,
INC. PROJECT) - CITY OF PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of the Economic Development Corporation of the County of
Oakland designating a Project Area and Project District Area for a project
(Aluminum Blanking Company, Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended
(the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive
of the County of Oakland of two additional directors to the Board of said
Economic Development Corporation in connection with said Project, in accordance
with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of W. Jeanice Blake and
Mattie Lasseigne, who are representative of neighborhood residents and business
interests likely to be affected by said Project, to the Board of Directors of the
Economic Development Corporation of the County of Oakland are hereby confirmed
Commissioners Minutes Continued. July 16, 1998
290
in accordance with Section 4(2) of the Act, and such additional Directors shall
cease to serve when the Project is either abandoned or, if undertaken, is
completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of such
conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide
four certified copies of this resolution to the Assistant Secretary of the Board
of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appointment of Two Additional Directors to the EDC by the County
Executive for the Aluminum Blanking Company, Inc. Project on file in the County
Clerk=s office.
Moved by Palmer supported by Holbert the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Millard,
Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98162
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION APPROVING PROJECT PLAN
(V & M CORPORATION PROJECT) - CITY OF ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland (the
"EDC") has recommended that the Board of Commissioners approve the Project Plan
required by the Economic Development Corporations Act (the "Act") for the
captioned Project, a copy of which has been presented to this meeting (the
"Project Plan"); and
WHEREAS the Economic Development Corporation's recommendations to the Board
of Commissioners were based upon its determinations that the Project is
reasonable and necessary to effectuate the purposes of the Act and that the
Project Plan satisfies all of the requirements of the Act regarding project
plans; and
WHEREAS the governing body of the City of Royal Oak, Oakland County,
Michigan, has also approved the Project Plan and given its consent to the
exercise of jurisdiction over the Project by the Economic Development
Corporation; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the Act;
and
WHEREAS the Board of Commissioners, following such public hearing and its
review of the Project Plan, concurs in the determinations of the Economic
Development Corporation with respect thereto.
NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined to
constitute a public purpose as contemplated by the Act and is hereby approved.
BE IT FURTHER RESOLVED that the Economic Development Corporation is hereby
authorized to take such steps as are necessary to implement the Project and the
financing thereof by the issuance of its limited obligation revenue bonds as
contemplated by the Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide
four certified copies of this resolution to the Assistant Secretary of the Board
of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. July 16, 1998
291
Copy of the V & M Corporation Project Plan on file in the County Clerk=s
office.
The Chairperson stated the resolution would be carried forward to the
August 6, 1998 Board meeting. There were no objections.
MISCELLANEOUS RESOLUTION #98163
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAINAGE DISTRICT DRAIN BONDS - FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Acacia Park CSO Drain, by resolution
adopted on June 9, 1998, authorized and provided for the issuance by the Acacia
Park CSO Drain Drainage District of its Drain Bonds, Series D in the aggregate
principal amount of $750,000 (the Drain Bonds ) to defray part of the cost of
the Acacia Park CSO Drain; and
WHEREAS the Drain Bonds will be dated August 1, 1998, will bear interest at
rates not to exceed 8% per annum, will mature in such years and principal
amounts, and will be subject to redemption upon the terms and conditions set
forth in the bond resolution; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from
this Board a resolution pledging the full faith and credit of the County of
Oakland (the County ) for the payment of the principal of and interest on the
Drain Bonds; and
WHEREAS the Acacia Park CSO Drain is necessary to protect and preserve the
public health and, therefore, it is in the best interest of the County that the
Drain Bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the Drain
Code of 1956, as amended, the Board of Commissioners of the County
hereby pledges irrevocably the full faith and credit of the County
for the prompt payment of the principal of and interest on the Drain
Bonds and agrees that, in the event the City of Birmingham, the
Village of Beverly Hills or the County of Oakland shall fail or
neglect to account to the County Treasurer of the County for the
amount of any special assessment installment and interest when due,
the amount thereof shall be advanced immediately from County funds,
and the County Treasurer is directed to make such advancement to the
extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit,
the County advances out of County funds all or any part of an
installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and
proceedings and pursue all remedies permitted or authorized by law
for the reimbursement of such sums so paid.
3. The County Treasurer is authorized to file with the Department of
Treasury of the State of Michigan on behalf of the County a Notice
of Intent to Issue an Obligation with respect to the Drain Bonds.
4. The County Treasurer is authorized to approve the circulation of a
preliminary and final official statement for the Drain Bonds, to
cause the preparation of those portions of the preliminary and final
official statement that pertains to the County, and to do all other
things necessary for compliance with Rule 15c2-12 issued under the
Securities Exchange Act of 1934, as amended (the Rule ). The
County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to
effectuate the sale and delivery of the Drain Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in
the name and on behalf of the County (i) a certificate of the County
to comply with the requirements for a continuing disclosure
undertaking of the County pursuant to subsection (b)(5) of the Rule
and (ii) amendments to such certificate from time to time in
accordance with the terms of such certificate (the certificate and
any amendments thereto are collectively referred to herein as the
Commissioners Minutes Continued. July 16, 1998
292
Continuing Disclosure Certificate ). The County hereby covenants
and agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. The remedies
for any failure on the County to comply with and carry out the
provisions of the Continuing Disclosure Certificate shall be as set
forth therein.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Special Assessment Roll No. 2 for Acacia Park CSO Drain and
Estimate of Project Cost on file in County Clerk=s office.
FISCAL NOTE (Misc. #98163)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAINAGE DISTRICT DRAIN BONDS - FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The resolution authorizes the issuance of drain bonds with the
County pledging full faith and credit with the Acacia Park CSO
Drainage District as the primary obliger.
2. The principal amount of the bond issue is $750,000 at an interest
rate not to exceed 8% to be paid back within 16 years.
3. An additional bond issue of $750,000 is necessary to fund the
revised total project amount of $14,614,812. The increases are
comprised primarily of construction, engineering and performance
certification costs required by the regulatory agencies and the
communities.
4. The statutory limit for County debt is $3,892,568,182 (10% of 1997
State Equalized Value). As of 5/31/98, the outstanding debt is
$269,602,077 or approximately 1% of the S.E.V.
5. Of the total Series D Bond issue of $750,000, the County=s
apportionment is 3.01% ($22,575). The County=s share will be
financed and charged against the Non-Departmental account for Drain
Assessments. Funding is available for this expense. Therefore, no
budget amendment is required.
FINANCE COMMITTEE
Moved by Palmer supported by Law the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, Millard, Moffitt,
Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98164
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT: EXECUTION OF THE
INTERLOCAL AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO
EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT
($3,286,528.00) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS
ASSESSMENT FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Act 40 of the Public Acts of 1956, as amended
[hereinafter referred to as the Drain Code], the Cities of Birmingham and Royal
Oak have petitioned the Drain Commissioner=s office to construct the North Arm
Relief Drain to reduce basement flooding; and
WHEREAS pursuant to Chapter 20 of the Drain Code, the Drainage Board,
having determined that a drainage project is necessary for the public health, and
Commissioners Minutes Continued. July 16, 1998
293
further determined that drainage facilities be located, established and
constructed with the costs thereof to be assessed wholly against the public
corporations [as defined by the Drain Code] benefiting from said project; and
WHEREAS there is an urgent need for said drainage facilities to alleviate
flooding thereby promoting the health and welfare of the residents located within
the North Arm Relief Drain Drainage District [hereinafter referred to as the
Drainage District]; and
WHEREAS the total project costs for the North Arm Relief Drain is estimated
to be $17,920,000; and
WHEREAS pursuant to Chapter 20 of the Drain Code, by final order of
apportionment issued by the Drainage Board, the public corporations to be
assessed for said Drain include the Cities of Birmingham, Clawson, Madison
Heights, Royal Oak, Southfield and Troy; the Village of Beverly Hills; the County
of Oakland; and the State of Michigan; and
WHEREAS at the present time, the Drainage District is not able to issue
bonds to finance construction of the North Arm Relief Drain because of pending
litigation instituted by the City of Clawson, a public corporation to be assessed
with a portion of the total project cost for the Drain; and
WHEREAS in order to proceed with the construction of the Drain, the City of
Royal Oak has agreed to sell revenue bonds to the Michigan Bond Authority, as a
part of the State Revolving Funds [SRF] Program at a favorable interest rate of
2-1/4%; and
WHEREAS in order to finance and construct the North Arm Relief Drain, all
public agencies and corporations to be assessed the costs for said Drain, except
the City of Clawson, have been requested to execute the attached Interlocal
Agreement; and
WHEREAS at the Village of Beverly Hills and the Cities of Birmingham,
Madison Heights, Royal Oak, Southfield and Troy have or will have executed the
attached Interlocal Agreement; and
WHEREAS pursuant to Chapter 20 of the Drain Code, specifically Section 479
[MCL 280.479], the County of Oakland is authorized to advance moneys for the
payment of any part of the cost of the drainage project constructed
under Chapter 20 of the Drain Code of 1956 and be reimbursed by the Drainage
District with interest when funds are available therefor; and
WHEREAS pursuant to Chapter 20 of the Drain Code of 1956, Section 479, the
County of Oakland is willing to advance moneys for the estimated share of the
North Arm Relief Drain to be assessed against the City of Clawson by the Drainage
District, in an amount not to exceed $3,286,528, to the Drainage District, and be
reimbursed by the Drainage District in accordance with the terms of the attached
Contract between the Drainage District and the County of Oakland [Appendix 3 of
the Interlocal Agreement]; and
WHEREAS the County of Oakland has been assessed on account of the County
roads located within the Drainage District $180,275.20.
NOW THEREFORE BE IT RESOLVED:
(1) APPROVAL OF INTERLOCAL AGREEMENT. The Interlocal Agreement among
the County of Oakland, the North Arm Relief Drain Drainage District,
the State of Michigan, the Village of Beverly Hills, and the Cities
of Birmingham, Madison Heights, Royal Oak, Southfield and Troy, to
permit the immediate construction of the North Arm Relief Drain by
the North Arm Relief Drain Drainage District, which said Agreement
having been submitted to the Board of Commissioners and reviewed by
the County=s Department of Corporation Counsel, is hereby approved
and adopted, and the Chairperson is hereby authorized to execute and
deliver the same for and on behalf of the County provided and until
such time that the Village of Beverly Hills and the Cities of
Birmingham, Madison Heights, Southfield and Troy have executed the
same.
(2) APPROVAL OF CONTRACT FOR ADVANCE AND REPAYMENT OF A SUM NOT TO
EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED
TWENTY-EIGHT ($3,286,528.00) DOLLARS. Pursuant to Act 40 of the
Public Acts of 1956 (commonly known as the Drain Code of 1956), and
provided and until such time that the Village of Beverly Hills and
the Cities of Birmingham, Madison Heights, Southfield and Troy have
executed the Interlocal Agreement, the Board of Commissioners does
hereby approve and adopt the contract between the County and the
Commissioners Minutes Continued. July 16, 1998
294
North Arm Relief Drain Drainage District providing for the
advancement and repayment of a sum not to exceed $3,286,528, and the
Chairperson is hereby authorized to execute and deliver the same for
and on behalf of the County. Upon execution of said contract, the
County Treasurer is hereby authorized to transfer and deliver said
amount of funds from the Delinquent Tax Revolving Fund to the
General Fund; and, the General Fund will then advance said funds to
the Drainage District.
(3) APPROVAL FOR COUNTY TO PAY ITS ASSESSMENT FOR COUNTY ROADS LOCATED
IN DRAINAGE DISTRICT. The Board of Commissioners does hereby
authorize its participation in the Royal Oak bond issue in the
amount of $180,275.20 as its assessment on account of the County
roads located within the Drainage District.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copies of North Arm Relief Drain Memorandum and Appendix A - Contract and
Interlocal Agreement on file in the County Clerk=s office.
FISCAL NOTE (Misc. #98164)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT: EXECUTION OF THE
INTERLOCAL AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO
EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT
($3,286,528) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS ASSESSMENT
FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The Interlocal Agreement among Oakland County, the North Arm Relief
Drain Drainage District, the State of Michigan, and the six local
municipalities identified in the Interlocal Agreement have entered
into an agreement to permit the immediate construction of the North
Arm Relief Drain project.
2. This project is urgent and necessary in that it addresses serious
public health and welfare concerns.
3. The total cost for this project is $17,920,000 to be assessed to
benefiting cities and governing authorities based on proportionate
benefits assessed.
4. The City of Clawson=s obligation of $3,286,528 is pending the
outcome of litigation to determine responsibility.
5. In order to proceed with this project funds of $3,286,528 will be
loaned from the Delinquent Tax Revolving Fund (DTRF) to the General
Fund. Funds will be repaid with interest at the current six month
Treasury Bill rate. The interest rate will change every six months
and interest will be compounded quarterly. The North Arm
Construction Fund will borrow funds from the General Fund at the
same interest rate and conditions as the loan from the DTRF.
6. Oakland County=s apportionment of 1.006% which equates to an
assessment of $180,275.20 will be funded through the Royal Oak bond
sale. Funds are budgeted in the General Fund Non-Departmental Drain
Assessment Account for repayment of the bond (ref. County Executive
Recommended Budget for Fiscal Year 1999 and Fiscal Year 2000). In
the event that Oakland County receives an additional assessment, an
additional appropriation may be necessary.
7. Administrative costs of the Oakland County Drain Commission for this
project shall be paid by the North Arm Relief Drain Drainage
District.
8. The City of Clawson=s legal costs and attorney fees will be borne by
the City of Clawson and not by the North Arm Relief Drain Drainage
District.
FINANCE COMMITTEE
Commissioners Minutes Continued. July 16, 1998
295
Copy of Revolving Fund Borrowing Agreement on file in the County Clerk=s
office.
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98165
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/COMMUNITY DEVELOPMENT
DIVISION - FISCAL YEAR 1996 HOME INVESTMENT PARTNERSHIPS PROGRAM CONTRACT WITH
OAKLAND HOUSING ADVANTAGE, NHC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Congress enacted the HOME Investment Partnership
Act, Title II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-
625) in 1990; and
WHEREAS the U.S. Department of Housing and Urban Development awarded the
County of Oakland a $1,200,000 HOME grant for the 1996 program year
on May 1, 1996; and
WHEREAS the Oakland County Board of Commissioners accepted the grant on
June 27, 1996; and
WHEREAS the Federal HOME legislation mandates that at least 15% of HOME
funds ($180,000) be allocated to Community Housing Development Organizations
(CHDOs) which are HUD-defined nonprofit organizations that have the capacity to
develop affordable housing for qualified low-income persons; and
WHEREAS Federal HOME regulations allow the County to allocate additional
funds equal to 10% of the CHDO allocation ($18,000) for CHDO operating expenses;
and
WHEREAS the Federal HOME legislation mandates a 25% match of funds
allocated for housing rehabilitation and new construction activities; and
WHEREAS the mandated match of $45,000 for Fiscal Year (FY) 1996 CHDO
rehabilitation and new construction activities was authorized by the Oakland
County Board of Commissioners in the 1996 Oakland County Adopted Budget; and
WHEREAS the County of Oakland has qualified Oakland Housing Advantage, NHC,
to receive the Fiscal Year 1996 CHDO set aside; and
WHEREAS this contract has been reviewed and approved as to form by the
Office of Corporation Counsel, Fiscal Services, Risk Management and Personnel;
and
WHEREAS the Oakland County Community Development Citizens Advisory Council
recommended approval of this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the attached contract with Oakland Housing Advantage, NHC, for the
total sum of $243,000 to acquire and rehabilitate existing vacant single-family
houses or acquire vacant property and emplace new single family homes not to
exceed five houses, in communities belonging to the Oakland County Urban County
Program, as approved by the County, exclusively for subsequent sale to qualified
low-income home buyers.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorize both the Board of Commissioners Chairperson and the Oakland County
Executive to execute the agreement between Oakland Housing Advantage, NHC and
Oakland County.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Fiscal Year 1996 HOME Investment Partnerships Program Contract
Between County of Oakland and Oakland Housing Advantage, NHC on file in the
County Clerk=s office.
Commissioners Minutes Continued. July 16, 1998
296
Moved by Palmer supported by Kingzett the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98166
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - CONTRACT WITH OAKLAND LIVINGSTON HUMAN
SERVICES AGENCY (OLHSA) FOR ENERGY EDUCATION AND WEATHERIZATION SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Block Grant (CDBG) program
has among its objectives the provision of decent housing, a suitable living
environment, and expanded opportunities, principally for low- and moderate-income
persons; and
WHEREAS the Oakland Livingston Human Service Agency (OLHSA) has carried out
over the past several years a program known as Project Warmth, which provides
both energy education and home weatherization services for low- and moderate-
income persons; and
WHEREAS the County has helped fund this program since 1978; and
WHEREAS this cooperative program makes it possible to assist low-income
persons, handicapped persons, and senior citizens in meeting energy conservation
needs through conservation and education methods utilized in Project Warmth; and
WHEREAS the Oakland County Citizens' Advisory Council has voted to approve
the attached contract by a vote of 14-0; and
WHEREAS the contract attached to this resolution has been approved as to
form per the County Executive's contract review procedure.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorize the attached contract with the Oakland Livingston Human Service Agency
for the implementation of: (A) Home weatherization in the amount of $30,250, and
(B) Energy education in the amount of $19,750, the total contract not to exceed
$50,000.
BE IT FURTHER RESOLVED that the Oakland County Executive and the
Chairperson of the Oakland County Board of Commissioners are authorized to
execute the agreement between Oakland Livingston Human Services Agency (OLHSA)
and Oakland County.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Contract Between Oakland Livingston Human Service Agency and County
of Oakland on file in the County Clerk=s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #98167)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES/SUPPORT SERVICES DIVISION - RADIO
COMMUNICATIONS - APPLICATION/ACCEPTANCE OF HAZARD MITIGATION GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on
July 9, 1998, recommends that the resolution be adopted contingent upon approval
by the Planning and Building Committee.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing report.
FINANCE COMMITTEE
Commissioners Minutes Continued. July 16, 1998
297
MISCELLANEOUS RESOLUTION #98167
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES/SUPPORT SERVICES DIVISION - RADIO
COMMUNICATIONS - APPLICATION/ACCEPTANCE OF HAZARD MITIGATION GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #95098, the Department of
Central Services, Support Services Division applied to the Federal Emergency
Management Agency for Hazard Mitigation Grant Program (HMGP) project funding
under the Disaster Declaration 1181-DR-MI; and
WHEREAS this grant will be used to purchase and install stabilizer arms to
existing microwave dishes on radio communication towers; and
WHEREAS the installation will reduce the risk of disturbance or breakage of
the microwave dishes due to severe weather conditions; and
WHEREAS the County of Oakland has been awarded the full requested grant
amount of $13,500 and requires a 25% County match which has been budgeted in the
Fiscal Year 1998 Radio Communications Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves and accepts the Hazard Mitigation Grant Program funding as awarded in
the amount of $13,500 by the Federal Emergency Management Agency.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #98167)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES/SUPPORT SERVICES DIVISION - RADIO
COMMUNICATIONS - APPLICATION/ACCEPTANCE OF HAZARD MITIGATION GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The Department of Central Services, Support Services Division applied
to the Federal Emergency Management Agency for Hazard Mitigation Grant
Program (HMGP) project funding under the Disaster Declaration 1181-DR-
MI.
2. The grant will be used to purchase and install stabilizer arms to
existing microwave dishes on radio communication towers in order to
reduce the risk of disturbance or breakage of the microwave dishes due
to severe weather conditions.
3. The County of Oakland has been awarded the full requested grant, in the
amount of $13,500.
4. The grant requires a 25% ($3,375) County match which has been budgeted
in the Fiscal Year 1998 Radio Communications Budget.
5. An amendment to the Radio Communication Budget for the 75% ($10,125)
Federal portion is needed as follows:
13-660300-00010-xxxx Revenue-Miscellaneous $10,125
13-660200-00010-3620 Special Projects 10,125
$ 0
FINANCE COMMITTEE
Moved by Palmer supported by Huntoon the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Huntoon the resolution be adopted.
AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. July 16, 1998
298
REPORT (Misc. #98142)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: COMMUNITY MENTAL HEALTH/MSU EXTENSION - ACCEPTANCE OF RESPITE FUNDS IN
EXPANSION OF PROGRAM FROM $50,000 (MISCELLANEOUS RESOLUTION #97057) TO $149,507
FOR FISCAL YEAR 1998 FOR 4-H PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on
July 8, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #98142
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: COMMUNITY MENTAL HEALTH/MSU EXTENSION - ACCEPTANCE OF RESPITE FUNDS IN
EXPANSION OF PROGRAM FROM $50,000 (MISCELLANEOUS RESOLUTION #97057) TO $149,507
FOR FISCAL YEAR 1998 FOR 4-H PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Community Mental Health acknowledged the benefits
and positive outcomes of collaboration with MSU Extension 4-H Youth Programs
created by Miscellaneous Resolution #97057; and
WHEREAS Oakland County Community Mental Health desires to expand and
continue 4-H programing for respite youth and families on a continuing basis at a
$149,507 level; and
WHEREAS MSU Extension-Oakland County requests the creation of an additional
unit called CMH/4-H Programs (#17505) for this program; and
WHEREAS the additional funding will support the existing FTE Recreational
Specialist position #1750107978 and five (5) summer positions.
NOW THEREFORE BE IT RESOLVED that the existing Recreational Specialist
position, revenues (OCA #505100), expenditures (OCA #505200), and additional
summer positions be transferred into this unit.
BE IT FURTHER RESOLVED that the Public Services Committee of the Oakland
County Board of Commissioners supports the continued collaboration of Oakland
County Community Mental Health and MSU Extension-Oakland 4-H programing with
respite youth and families in the amount of $149,057.
BE IT FURTHER RESOLVED that continuation of this program and positions will
be contingent upon continued Community Mental Health funding and the Community
Mental Health Board providing MSU Extension-Oakland with a letter on June 1,
prior to the next fiscal year, to confirm continuation of program funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #98142)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY MENTAL HEALTH/MSU EXTENSION - ACCEPTANCE OF RESPITE FUNDS IN
EXPANSION OF PROGRAM FROM $50,000 (MISCELLANEOUS RESOLUTION #97057) TO $149,507
FOR FISCAL YEAR 1998 4-H PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. Community Mental Health desires to expand and continue 4-H programing
for respite youth and families on a continuing basis with a dollar
amount of $149,507.
2. MSU Extension-Oakland County requests revenue, expenditures and
personnel be placed into a new unit (#175-05) called CMH/4-H Programs.
3. The CMH/4-H Program and Recreational Specialist position be contingent
upon continued funding from Community Mental Health.
4. The Fiscal Year 1998 and 1999 budgets should be amended as specified
below:
Commissioners Minutes Continued. July 16, 1998
299
Dept./OCA/PCA/Object Description FY1998 FY1999
CMH Expenditures (CMH Fund)
55-807105-84030-2516 Client Services $149,507 $149,507
MSU Extension-Oakland County (General Fund)
Revenue
17-505100-21000-0905 Reimb.-General $149,507 $149,507
Expenditures
17-505200-21000-2001 Salaries 27,500 27,500
17-505200-21000-2075 Fringe Benefits 12,375 12,375
17-505200-21000-3348 Professional Services 19,702 19,702
17-505200-21000-0543 Groceries 2,600 2,600
17-505200-21000-0781 Photostats 600 600
17-505200-21000-2540 Communications 400 400
17-505200-21000-2824 Field Trips 20,200 20,200
17-505200-21000-3292 Personal Mileage 3,700 3,700
17-505200-21000-3476 Rent 24,000 24,000
17-505200-21000-3756 Travel & Conference 1,700 1,700
17-505200-21000-4252 Office Supplies 15,534 15,534
17-505200-21000-4284 Postage 350 350
17-505200-21000-6660 Radio Communications 110 110
17-505200-21000-6636 Info-Tech Operations 2,322 2,322
17-505200-21000-6661 Leased Vehicles 500 500
17-505200-21000-6667 Convenience Copier 120 120
17-505200-21000-6105 Stationery Stock 230 230
17-505200-21000-6666 Print Shop 500 500
17-505200-21000-6675 Telephone Communication 320 320
90-290000-25000-9084 Summer Help Approp. 16,744 16,744
$149,507 $149,507
$ 0 $ 0
FINANCE COMMITTEE
Moved by Moffitt supported by Millard the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Moffitt supported by Huntoon the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98168
BY: Strategic Planning Committee, Ruth Johnson, Vice Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD QUARTER 1998 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 1998 data processing development charges to be $1,292,942 and the imaging
development charge to be $8,058 for the governmental fund County departments; and
WHEREAS direct charges to non-governmental fund departments are $91,300 and
non-county agencies are $27,270 for the Third Quarter 1998; 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 1998 Data Processing Development and approves the
third quarter appropriation transfer.
Commissioners Minutes Continued. July 16, 1998
300
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98169
BY: Strategic Planning Committee, Ruth Johnson, Vice Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CLIENT SERVER DISK
STORAGE/INFRASTRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Department of Information Technology in conjunction with
implementation of the Information Technology Strategic Plan has embarked on a
series of client server initiatives that all involve the use of servers.
Applications included are Geographic Information Systems, Data Warehouse,
Delinquent Tax, CLEMIS (Courts, Law Enforcement Management Information System),
JIMS (Judicial Information Management System) and HRFIS (Human Resource Financial
Information System) to name a few; and
WHEREAS this storage unit provides for high performance and reliability
for UNIX and NT servers, also provides growth for the future addition of disk and
server attachment and provides simplified data management on a centralized unit
and operating system independence.
WHEREAS a need has been identified for an expenditure of $700,000 for
client/server disk storage unit to enable the Department of Information
Technology to build on the current client server infrastructure.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the disk storage procurement in an amount not to exceed $700,000.
Chairperson, on behalf of the Strategic Planning Committee, I move the
adoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #98119)
BY: Strategic Planning Committee, Ruth A. Johnson, Vice Chairperson
IN RE: BOARD OF COMMISSIONERS - LOCAL GOVERNMENT SUMMIT TO DEVELOP A COMMUNITY-
BASED STRATEGIC PLAN FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Strategic Planning Committee, having reviewed the above-referenced
resolution on July 8, 1998, reports with the recommendation that the resolution
be adopted with an amendment to the BE IT FURTHER RESOLVED paragraph, line 2,
deleting the words and engage the appropriate resources.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
STRATEGIC PLANNING COMMITTEE
MISCELLANEOUS RESOLUTION #98119
BY: Commissioners John P. McCulloch, District #22; Dennis Powers, District #10
IN RE: BOARD OF COMMISSIONERS - LOCAL GOVERNMENT SUMMIT TO DEVELOP A COMMUNITY-
BASED STRATEGIC PLAN FOR OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS one of County government=s primary concerns is to assure that
County leaders provide information and encouragement to its citizens so that
together they can build strong, sustainable communities which nurture the
economic, environmental and social well-being of all citizens; and
WHEREAS because County government officials cannot build a strong community
alone, local participation is vital to determining priorities and identifying
long-term determinations needed to meet the changing needs of the community; and
WHEREAS each locality has its own strengths and challenges, and each
locality must determine its own future course, and yet each community and their
Commissioners Minutes Continued. July 16, 1998
301
surrounding areas are interdependent, creating a need for collaborative
approaches to problem solving; and
WHEREAS it is our desire that Oakland County government should be
accountable to and accessible by all of its local units; and
WHEREAS it is in the best interests of all of our citizens to have the
sixty-one municipalities that comprise Oakland County work together to develop a
County-wide vision; and
WHEREAS Oakland County wishes to develop a public participation strategy
which brings together local government officials, business leaders,
environmentalists, and community representatives to create a strategy for
achieving a sustainable community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the concept of convening an Oakland County Local Government Summit
composed of representatives from cities, villages and townships as well as County
government for the purpose of initiating a collaborative effort to formulate a
joint vision for the next millennium that would serve to enhance cooperation in
addressing local issues.
BE IT FURTHER RESOLVED that the County Executive is requested to provide
the necessary leadership and engage the appropriate resources to facilitate a
Oakland County Local Government Summit .
Chairperson, we move the adoption of the foregoing resolution.
John McCulloch, Dennis N. Powers,
Jeff Kingzett, Lawrence Obrecht,
Dan Devine, Don Jensen, Fran Amos,
Shelley Taub, Nancy L. Dingeldey,
Eric Coleman, Gilda Jacobs,
Vincent Gregory
Moved by Johnson supported by Garfield the Strategic Planning Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Johnson supported by McCulloch the resolution be adopted.
Moved by Johnson supported by Garfield the resolution be amended to
coincide with the recommendation in the Strategic Planning Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf,
Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Moved by Johnson supported by Palmer to discharge MISCELLANEOUS RESOLUTION
#98132, PUBLIC HEARINGS REQUIRED TO INCREASE OR ADD NEW FEES IN OAKLAND COUNTY
from the General Government Committee.
Discussion followed.
Commissioner Kingzett questioned the propriety of the motion.
Deputy Corporation Counsel Jody McLeod stated the motion was in order.
Discussion followed.
The Chairperson stated a YES vote would discharge the Committee and a
NO vote would not.
Commissioners Minutes Continued. July 16, 1998
302
AYES: Millard, Obrecht, Palmer, Taub, Wolf, Devine, Douglas, Garfield,
Hoffman, Johnson, Kaczmar. (11)
NAYS: Moffitt, Schmid, Amos, Coleman, Dingeldey, Gregory, Holbert,
Huntoon, Jacobs, Jensen, Kingzett, Law, McCulloch, McPherson. (14)
A sufficient majority not having voted therefor, the motion failed.
MISCELLANEOUS RESOLUTION #98170
BY: Commissioners Ruth Johnson, District #1; Shelley Taub, District #12;
David L. Moffitt, District #18
IN RE: PUBLIC HEARINGS REQUIRED TO INCREASE OR ADD NEW OAKLAND COUNTY FEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS higher fees adversely affect economic opportunities for residents
and businesses in Oakland County; and
WHEREAS Oakland County should actively pursue policies to reduce the cost
of government; and
WHEREAS fees should be increased only when the public has an opportunity to
voice their opinion.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
must hold a Public Hearing prior to the approval of any new fee or increase in
existing fees by more than five (5) percent annually or the cost of living, as
official indexed, whichever is less, for any such request not submitted through
the annual budget process.
BE IT FURTHER RESOLVED that notice of this Public Hearing must be properly
publicly posted a minimum of twenty-eight days prior to its occurrence.
Chairperson, I move adoption of the foregoing resolution.
Ruth Johnson, Shelley Taub,
David Moffitt
The Chairperson referred the resolution to the General Government and
Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98171
BY: Charles E. Palmer, County Commissioner, District #16
IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT: EXECUTION OF THE
INTERLOCAL AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO
EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT
($3,286,528.00) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS
ASSESSMENT FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Act 40 of the Public Acts of 1956, as amended
[hereinafter referred to as the Drain Code], the Cities of Birmingham and Royal
Oak have petitioned the Drain Commissioner=s office to construct the North Arm
Relief Drain to reduce basement flooding; and
WHEREAS pursuant to Chapter 20 of the Drain Code, the Drainage Board,
having determined that a drainage project is necessary for the public health, and
further determined that drainage facilities be located, established and
constructed with the costs thereof to be assessed wholly against the public
corporations [as defined by the Drain Code] benefiting from said project; and
WHEREAS there is an urgent need for said drainage facilities to alleviate
flooding thereby promoting the health and welfare of the residents located within
the North Arm Relief Drain Drainage District [hereinafter referred to as the
Drainage District]; and
WHEREAS the total project costs for the North Arm Relief Drain is estimated
to be $17,920,000; and
WHEREAS pursuant to Chapter 20 of the Drain Code, by final order of
apportionment issued by the Drainage Board, the public corporations to be
assessed for said Drain include the Cities of Birmingham, Clawson, Madison
Heights, Royal Oak, Southfield and Troy; the Village of Beverly Hills; the County
of Oakland; and the State of Michigan; and
WHEREAS at the present time, the Drainage District is not able to issue
bonds to finance construction of the North Arm Relief Drain because of pending
Commissioners Minutes Continued. July 16, 1998
303
litigation instituted by the City of Clawson, a public corporation to be assessed
with a portion of the total project cost for the Drain; and
WHEREAS in order to proceed with the construction of the Drain, the City of
Royal Oak has agreed to sell revenue bonds to the Michigan Bond Authority, as a
part of the State Revolving Funds [SRF] Program at a favorable interest rate of
2-1/4%; and
WHEREAS in order to finance and construct the North Arm Relief Drain, all
public agencies and corporations to be assessed the costs for said Drain, except
the City of Clawson, have been requested to execute the attached Interlocal
Agreement; and
WHEREAS at the Village of Beverly Hills and the Cities of Birmingham,
Madison Heights, Royal Oak, Southfield and Troy have or will have executed the
attached Interlocal Agreement; and
WHEREAS pursuant to Chapter 20 of the Drain Code, specifically Section 479
[MCL 280.479], the County of Oakland is authorized to advance moneys for the
payment of any part of the cost of the drainage project constructed under
Chapter 20 of the Drain Code of 1956 and be reimbursed by the Drainage District
with interest when funds are available therefor; and
WHEREAS pursuant to Chapter 20 of the Drain Code of 1956, Section 479, the
County of Oakland is willing to advance moneys for the estimated share of the
North Arm Relief Drain to be assessed against the City of Clawson by the Drainage
District, in an amount not to exceed $3,286,528, to the Drainage District, and be
reimbursed by the Drainage District in accordance with the terms of the attached
Contract between the Drainage District and the County of Oakland [Appendix 3 of
the Interlocal Agreement]; and
WHEREAS the County of Oakland has been assessed on account of the County
roads located within the Drainage District $180,275.20; and
WHEREAS the citizens of Clawson should not be penalized for following what
their City Council believes is their Constitutional right.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
urges the City of Clawson and the remaining members of the North Arm Drainage
District to reach a settlement of their disagreement over the allocation costs
for the North Arm Drainage District so that the City of Clawson=s citizens may be
benefited by participating in the 2-1/4% bonds being issued as a part of the
State=s Revolving Fund.
Chairperson, I move the adoption of the foregoing resolution.
Charles E. Palmer,
County Commissioner, District #16
The Chairperson referred the resolution to the Planning and Building
Committee and the Finance Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT COMMITTEE
a. CMH - House/Senate Conference Committee on DCH Appropriations Bill
b. Royal Oak City Commission - Court Equity Funding
c. Lenawee County Board of Commissioners - Proposal for Juvenile
Offender Prosecution Costs being assumed by County of original
residence
d. Isabella County - Health Programs; State Cost Sharing
e. Letter from L. Brooks Patterson - Reversal of Family Division in
Circuit Court
f. MAC - Receipt of Miscellaneous Resolution #98103
g. City of Ferndale - Court Equity Funding Resolution
h. City of Birmingham - Court Equity Funding Resolution
i. Village of Ortonville - Support of Miscellaneous Resolution #98103
PLANNING AND BUILDING COMMITTEE
a. Memo from Hon. Eugene Arthur Moore, Hon. Barry M. Grant - Courthouse
Security
PERSONNEL COMMITTEE
a. Change in method of paychecks distribution - Petition
PUBLIC SERVICES COMMITTEE
a. CMH - House/Senate Conference Committee on DCH Appropriations Bill
b. Human Services/Health Division - Local Lead Hazard Awareness
Campaign Grant Application
c. Isabella County - Health Programs; State Cost Sharing
There were no objections to the referrals.
The Board adjourned at 11:30 A.M. to the call of the Chair or
August 6, 1998.
Commissioners Minutes Continued. July 16, 1998
304
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson