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HomeMy WebLinkAboutMinutes - 1998.08.06 - 8254 302 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 6, 1998 Meeting called to order by Chairperson John McCulloch at 10:00 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (24) ABSENT: Devine (with notice). (1) Quorum present. Invocation given by Commissioner Huntoon. Pledge of Allegiance to the Flag. Moved by Wolf supported by Douglas the minutes of July 16, 1998 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Amos the rules be suspended and the agenda be amended, as follows: ITEM ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE b. The North Arm Relief Drain Drainage District (Reason for suspension of Planning and Building Committee item b: Waiver of Rule XII-E - Direct Referral to the Finance Committee) ITEMS NOT ON PRINTED AGENDA FINANCE COMMITTEE c. The North Arm Relief Drain Drainage Revolving Fund Borrowing Agreement (Amendment to Miscellaneous Resolution #98164) (Reason for suspension of Finance Committee item c: Waiver of Rule III, five-day notification - Finance Committee meeting held immediately prior to August 6, 1998 Board meeting) GENERAL GOVERNMENT COMMITTEE c. County Clerk/Register of Deeds Authorization to Implement Register of Deeds Cash Receipting, Indexing and Imaging System (Reason for suspension of General Government Committee item c: Waiver of Rule III, five-day notification - Strategic Planning Committee meeting held immediately prior to the August 6, 1998 Board meeting) Commissioners Minutes Continued. August 6, 1998 303 PLANNING AND BUILDING COMMITTEE h. Development and Planning Division - Resolution Approving Confirming Appointment of Additional Directors (Oakland University Foundation Project) - City of Rochester Hills (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 the August 6, 1998 Board meeting) AYES: Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Deputy Clerk G. William Caddell read a communication from the family of Lawrence Gregory thanking the Board for their expressions of kindness. Jeanette Harris presented a Blue Ribbon Award on behalf of the U.S. Department of Housing and Urban Development to Oakland County=s Community Development Division. Karry Rieth, on behalf of her staff and the Citizen=s Advisory Council, accepted the award. The Chairperson made the following statement A Public Hearing is now called on the V & M Corporation, EDC Project, City of Royal Oak. Are there any persons present who wish to speak? No persons requested to speak and the Chairperson declared the Public Hearing closed. The Chairperson made the following statement A Public Hearing is now called on the Fiscal Year 1998 Local Law Enforcement Block Grant Application. Are there any persons present who wish to speak? No persons requested to speak and the Chairperson declared the Public Hearing closed. Commissioner Fran Amos, Chairperson of the Community Mental Health Services Board, addressed the Board with a Community Mental Health progress update. Ms. Douglas from the Eight Mile Boulevard Association addressed the Board with a progress update. Elmer Cerano addressed the Board. MISCELLANEOUS RESOLUTION #98172 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ACCEPTANCE OF CHILDHOOD LEAD POISONING PRIMARY PREVENTION GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division has applied for and been approved by the Michigan Department of Community Health (MDCH) to receive grant funds in the amount of $40,000, as provided by the Centers for Disease Control (CDC); and WHEREAS the funds will be used to conduct childhood lead assurance activities, which include assessing pediatric medical providers throughout Oakland County for childhood lead screening, testing, and follow-up services, and educating these providers in the Centers for Disease Control recommendations for these activities; and WHEREAS funding will also be used to implement a computer program, which will be used to conduct surveillance of childhood lead screening, testing, results and follow-up activities; and WHEREAS the contract for this grant is in effect beginning July 1, 1998 through June 30, 1999; and WHEREAS this program does not require any additional staff, since the Health Division will utilize an existing Public Health Nurse position and a Typist position on a part-time basis to conduct and coordinate the activities of Commissioners Minutes Continued. August 6, 1998 304 the program, and as personnel costs are incurred, an accounting adjustment will be made to charge those costs against the grant; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS this grant contract has been submitted through the County Executive=s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funds for the Childhood Lead Poisoning Primary Prevention Program in the amount of $40,000, effective July 1, 1998 through June 30, 1999. BE IT FURTHER RESOLVED that services associated with this program be contingent upon continued State funding at a level sufficient to maintain the program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. 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, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, 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 #98173 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - DISBURSEMENT OF FUNDS TO LOCAL UNITS OF GOVERNMENT PER MISCELLANEOUS RESOLUTION #85315 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County was assessed an additional six percent on State Equalized Value (S.E.V.) on residential property in 1982, equivalent to $2.8 million; and WHEREAS the County Executive and Board of Commissioners believed this additional six percent assessment was unjustified and began the process of litigation against the Michigan State Tax Commission; and WHEREAS in anticipation of successful conclusion of the litigation, the Board of Commissioners established a reserve account in the amount of $2.8 million; and WHEREAS Oakland County was unsuccessful in this litigation and the Board of Commissioners, by Miscellaneous Resolution #85294 decided to return the $2.8 million to the respective communities on a formula based upon residential S.E.V.; and WHEREAS as specified in Miscellaneous Resolution #85315 - PROCEDURE FOR RELEASE OF FUNDS ALLOCATED ON MISCELLANEOUS RESOLUTION #85294, it is the intention of the Board of Commissioners that these funds be utilized by the local units of government for programs and projects of their choice, providing that all such uses conform to the Michigan Laws governing the use of County funds; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #85315, established the procedures for the review, approval and release of the subject funds allocated to cities, townships and villages; and WHEREAS in accordance with the aforementioned procedure, the cities of Birmingham and Orchard Lake, as well as the Village of Wolverine Lake, have submitted requests for the disbursement of remaining allocated funds for the following purposes: City of Birmingham $ 672.17 Computer Equipment City of Orchard Lake $ 3,237.00 Tornado Siren Village of Wolverine Lake $ 11,475.00 Tornado Siren NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in compliance with the intent and procedures outlined in Miscellaneous Resolution #85315, authorizes the disbursement of funds from the Commissioners Minutes Continued. August 6, 1998 305 reserve account established by Miscellaneous Resolution #85294 to the following communities in the amounts and for the purposes specified as follows: City of Birmingham $ 672.17 Computer Equipment City of Orchard Lake $ 3,237.00 Tornado Siren Village of Wolverine Lake $ 11,475.00 Tornado Siren Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copies of attachments on file in the County Clerk=s office. Moved by Douglas supported by Dingeldey the resolution be adopted. AYES: Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, 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. MISCELLANEOUS RESOLUTION #98174 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE - REVOLVING FUND BORROWING AGREEMENT (AMENDMENT TO MISCELLANEOUS RESOLUTION #98164) 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 recognizing the 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], the Oakland County Board of Commissioners adopted Miscellaneous Resolution #98164, entitled 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; and WHEREAS to facilitate the loan from the Delinquent Tax Revolving Fund to the General Fund approved in Miscellaneous Resolution #98164, inclusion of the attached Revolving Fund Borrowing Agreement is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached Revolving Fund Borrowing Agreement, and amends Miscellaneous Resolution #98164 to include said Agreement. BE IT FURTHER RESOLVED that the attached Revolving Fund Borrowing Agreement supersedes the Borrowing Agreement which was attached to the Fiscal Note accompanying Miscellaneous Resolution #98164. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Revolving Fund Borrowing Agreement on file in County Clerk=s office. Moved by Douglas supported by Jensen the resolution be adopted. Commissioners Minutes Continued. August 6, 1998 306 AYES: Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, 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 ELECTION SCHEDULING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed applications on July 27, 1998, for the vacancy on the Elections Scheduling Committee, hereby recommends that Sherrie English be appointed to complete the one-year term of the "School District Board of Education" representative through December 31, 1998. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application for County Service and Resume of Sherrie English on file in County Clerk=s office. 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 appointment of Sherrie English as the School District Board of Education member of the Election Scheduling Committee, term ending December 31, 1998, be confirmed. AYES: Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the appointment of Sherrie English to the Election Scheduling Committee was confirmed. REPORT BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: APPOINTMENT TO THE OAKLAND COUNTY LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, hereby recommends that C. Hugh Dohany be reappointed to the Library Board for a 5-year term beginning August 25, 1998 and ending on August 24, 2003. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Dingeldey supported by Schmid the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Schmid the re-appointment of C. Hugh Dohany to the Library Board for a five year term, beginning August 25, 1998 and ending August 24, 2003, be confirmed. AYES: Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield. (24) NAYS: None. (0) Commissioners Minutes Continued. August 6, 1998 307 A sufficient majority having voted therefor, the re-appointment of C. Hugh Dohany to the Library Board was confirmed. REPORT (Misc. #98157) BY: Strategic Planning Committee, Ruth A. Johnson, 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: The Strategic Planning Committee, having reviewed the above-referenced resolution on August 6, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing report. STRATEGIC PLANNING COMMITTEE 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 modern turnkey client-server computer system for cash receipting, indexing and imaging for Uniform Commercial Code transactions only; and 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 Commissioners Minutes Continued. August 6, 1998 308 FISCAL NOTE (Misc. #98157) BY: Finance Committee, Sue Ann Douglas, 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: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. This resolution authorizes the County Clerk/Register of Deeds to engage Business Records Corporation (BRC) to implement a modern turnkey client-server computer system for cash receipting, indexing and imaging for all Oakland County property records that is compatible with Oakland County's computer system per contractual assurances provided by the vendor. 2. BRC was selected as vendor of choice due to successful implementation of the pilot project for Uniform Commercial Code transactions. 3. BRC will install the necessary hardware and software at their expense. A $2.55 fee per document successfully processed will then be charged. This fee will be instituted for a period of not less than three years upon successful implementation of the system, for an estimated annual cost of $765,000 to process the approximately 300,000 transactions. 4. The Committee finds sufficient funds to finance this project in the Designated Fund Balance for Operational Improvements, such funds to be repaid within the six-year policy time frame derived from future fee increases and revenues generated from implementation of Enhanced Access. 5. The following budget amendment is recommended: County Clerk/Register of Deeds - Register of Deeds Division Dept/OCA/PCA/Object Description FY1999 FY2000 Revenue: 90-190000-14000-1582 Prior Year Balance $765,000 $765,000 Subtotal $765,000 $765,000 Expense: 21-240100-01000-3348 Prof. Services $765,000 $765,000 Subtotal $765,000 $765,000 TOTAL $ 0 $ 0 FINANCE COMMITTEE Moved by Dingeldey supported by Millard the Strategic Planning Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Millard the resolution be adopted. AYES: Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. FINANCE REPORT (Misc. #98159) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - COUNTY BOUNTY - RECRUITMENT REWARD FOR DIFFICULT TO RECRUIT CLASSIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on July 30, 1998, reports with a recommendation that the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph as follows: Commissioners Minutes Continued. August 6, 1998 309 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 AND THOSE INVOLVED IN THE SELECTION PROCESS AT ANY LEVEL) 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. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE 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. Commissioners Minutes Continued. August 6, 1998 310 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Commissioners Minutes Continued. August 6, 1998 311 FISCAL NOTE (Misc. #98159) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT/HUMAN RESOURCES - COUNTY BOUNTY - RECRUITMENT REWARD FOR DIFFICULT TO RECRUIT CLASSIFICATIONS 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. It is requested that a program called County Bounty be established in order to assist the Personnel Department with recruiting persons for specific classifications which have been difficult to fill, resulting in vacancies for extended periods of time. 2. The County Bounty program would offer a monetary award to County employees (excluding elected and appointed officials, Personnel Department employees, and members of the interview panel). 3. The Personnel Department/Human Resources Division would be responsible for developing and administering specific policy guidelines for this award program and report them back to the Personnel Department's liaison committee. 4. The award would be 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. 5. The source of funding for the referral award would be the resultant salaries and fringes benefit favorability in the department where the vacancy exists. 6. The amount to be awarded shall in no case exceed $2,000. 7. No budget amendment is recommended at this time. FINANCE COMMITTEE Moved by Law supported by Holbert the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Law supported by Coleman the resolution be adopted. Moved by Law supported by Coleman the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #98175 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - TRANSFER OF JURISDICTION OF THE FRANKLIN DRAIN TO THE VILLAGE OF FRANKLIN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Chapter 17, Section 395 of Act 40 of the Public Acts of 1956, as amended, provides that: The county drain commissioner may relinquish jurisdiction and control to a township, city or village of any county drainage district upon which there is no outstanding indebtedness or contract liability and which is wholly located within the boundaries of a township, city or village, and thereafter the county drain commissioner shall be relieved of, and the township, city or village shall assume, the maintenance jurisdiction Commissioners Minutes Continued. August 6, 1998 312 control and operation thereof and its future operation shall be financed in the same manner as is provided for special assessment districts within such township, city or village: Provided, that such proceeding shall have first been approved by a majority of the members elect of the county board of supervisors and by the resolution of the governing body of the township, city or village in which such drain is located. WHEREAS the Village of Franklin, by resolution dated August 11, 1997, formally requested that Oakland County relinquish jurisdiction over the Franklin Drain to the Village of Franklin; and WHEREAS there is no outstanding indebtedness or contract liability associated with the Franklin Drain; and WHEREAS the Franklin Drain is located entirely within the boundaries of the Village of Franklin. NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Chapter 17, Section 395 of Act No. 40 of the Public Acts of 1956, as amended, the County Drain Commissioner be and is authorized to relinquish jurisdiction to the Village of Franklin of the Franklin Drain and Drainage District therefore. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copies of attachments on file in the County Clerk=s office. Moved by Palmer supported by Law the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98176 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: THE NORTH ARM RELIEF DRAIN 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 until the present time, the Drainage District has not been able to issue bonds to finance construction of the North Arm Relief Drain because of 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 Commissioners Minutes Continued. August 6, 1998 313 WHEREAS the 2-1/4% favorable interest rate bonds from the State Revolving Fund [SRF] includes the City of Clawson=s portion of the total assessment to construct the North Arm Relief Drain; and WHEREAS the City of Clawson has indicated their willingness to dismiss and settle all litigation pursuant to this contract [letter attached]; and WHEREAS the necessary documents for the issuance of the [SRF] 2-1/4% loan must be accomplished prior to August 17, 1998. 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. BE IT FURTHER RESOLVED that the Oakland County Drain Commissioner and Oakland County Corporation Counsel involve themselves in resolving the remaining issues so all the people of the North Arm Drain District may be benefited. BE IT FURTHER RESOLVED that upon settlement of the litigation between the City of Clawson and the Drain Commissioner=s Office and the communities of the North Arm Drainage District that the project be turned over entirely to the Drain Commissioner to be handled by his office. Chairperson, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copies of attachments on file in the County Clerk=s office. FISCAL NOTE (Misc. #98176) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: THE NORTH ARM RELIEF DRAIN 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. In order to proceed with the construction of the Drain, this resolution was proposed to urge 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. 3. The resolution, as proposed, does not result in any financial implications for Oakland County. FINANCE COMMITTEE Moved by Palmer supported by Jensen the resolution be adopted. AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon. (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 Commissioners Minutes Continued. August 6, 1998 314 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 Copy of the V & M Corporation Project Plan on file in the County Clerk=s office. Moved by Palmer supported by McCulloch the resolution be adopted. AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98177 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (LOURDES, INC. PROJECT) - WATERFORD CHARTER TOWNSHIP 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 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 (Lourdes, 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. Commissioners Minutes Continued. August 6, 1998 315 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 attachments on file in County Clerk=s office. Moved by Palmer supported by Millard the resolution be adopted. AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, 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 #98178 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL ECONOMIC DEVELOPMENT CORPORATION DIRECTORS (LOURDES, INC. PROJECT) - WATERFORD CHARTER TOWNSHIP 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 (Lourdes, 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 Clifton Ashley and Paul Deschaine, 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 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 Lourdes, Inc. Project on file in County Clerk=s office. Moved by Palmer supported by Amos the resolution be adopted. Commissioners Minutes Continued. August 6, 1998 316 AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Johnson. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98179 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (OAKLAND UNIVERSITY FOUNDATION PROJECT) - CITY OF ROCHESTER HILLS 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 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 (Oakland University Foundation 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 attachments on file in County Clerk=s office. Moved by Palmer supported by Garfield the resolution be adopted. AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (24) 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 Commissioners Minutes Continued. August 6, 1998 317 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. FISCAL NOTE (Misc. #98166) BY: Finance Committee, Sue Ann Douglas, 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: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Oakland County Community Development Block Grant (CDBG) includes programs to ensure suitable living environments for low and moderate income persons. 2. Oakland Livingston Human Service Agency (OLHSA) Project Warmth program provides energy education and home weatherization services as contracted through the CDBG. 3. The resolution authorizes the renewal of the contract. 4. The contract includes funding for the home weatherization program in the amount of $30,250 and energy education in the amount of $19,750. 5. The funding is currently budgeted in the Community Development Division Development Block Grant (CDBG), no budget amendments are needed. FINANCE COMMITTEE Moved by Palmer supported by McPherson the resolution be adopted. AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. August 6, 1998 318 MISCELLANEOUS RESOLUTION #98180 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (OAKLAND UNIVERSITY FOUNDATION PROJECT) - CITY OF ROCHESTER HILLS 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 (Oakland University Foundation 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 Paul Rizzardi and Bruce Kingery, 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 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 Oakland University Foundation Project on file in County Clerk=s office. Moved by Palmer supported by Garfield the resolution be adopted. AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public comment on the Cranbrook Educational Community, Economic Development Project. The Chairperson scheduled the hearing for 10:00 A.M. on August 20, 1998 in the Board of Commissioners= Auditorium. Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public comment on the Richard Tool and Die Economic Development Corporation Project, Lyon Charter Township. The Chairperson scheduled the hearing for 10:05 A.M. on August 20, 1998 in the Board of Commissioners= Auditorium. 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. Commissioners Minutes Continued. August 6, 1998 319 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 FISCAL NOTE (Misc. #98169) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - CLIENT SERVER DISK STORAGE/INFRASTRUCTURE 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. Information Technology proposes, and the Strategic Planning Committee recommends, the purchase of a Client Server Disk Storage Unit to enable the Department of Information Technology to build on its client server infrastructure. The client server will support Geographic Information Systems, Data Warehouse, Delinquent Tax, Courts, Law Enforcement Management Information System, Judicial Information Management System and the Human Resource Financial Information System to name few. 2. Total capital cost for the proposal is $700,000. Funds are available in Information Technology fund equity to cover the capital cost. 3. The following budget amendment is recommended: Information Technology Fund FY1998 FY1999 Prior Years Balance $ 23,300 $140,000 636-18-636142-15000-9101 Depreciation $ 23,300 $140,000 * 636-18-636142-15000-3900 $ -0- $ -0- * Based on 5-year economic life. FINANCE COMMITTEE Moved by Johnson supported by Jacobs the resolution be adopted. AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (24) 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 Commissioners Minutes Continued. August 6, 1998 320 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. Chairperson, on behalf of the Strategic Planning Committee, I move the adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE FISCAL NOTE (Misc. #98168) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - THIRD QUARTER 1998 DEVELOPMENT APPROPRIATION TRANSFER 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. Information Technology has completed third quarter Data Processing Development for governmental fund County departments and requests an appropriation transfer to the user departments. 2. The transfer has been reviewed by the Strategic Planning Committee. 3. The Fiscal Year 1998 Budget should be amended, per the attached document entitled Information Technology Data Processing Development Summary. 4. 1998 Third Quarter Development for the 100% Tax Payment Fund equals $55,580. This amount reflects a direct change against Information Technology Professional Services line-item which was not budgeted. The following budget amendment is required to restore the line-item. Information Technology Fund Revenue DEPT/OCA/PCA/OBJECT 18-636111-10000-0715 Non-Govt. Develop. $ 55,580 Expense 18-636122-15000-3348 Professional Serv. $ 55,580 $ -0- FINANCE COMMITTEE Copy of Information Technology Data Processing Development Summary on file in County Clerk=s office. Moved by Johnson supported by Hoffman the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Moved by Palmer supported by Jensen to reconsider Miscellaneous Resolution #98164. (See Memorandum from Corporation Counsel) AYES: Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to reconsider carried and Miscellaneous Resolution #98164 was before the Board. Commissioners Minutes Continued. August 6, 1998 321 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 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 Commissioners Minutes Continued. August 6, 1998 322 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 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. Commissioners Minutes Continued. August 6, 1998 323 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 Copy of Revolving Fund Borrowing Agreement on file in the County Clerk=s office. (action taken at July 16, 1998) 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. (end action taken on 07/16/98) Moved by Palmer supported by Jacobs the resolution be amended in the Interlocal Agreement, on page 12, by adding a Section 6" to Article E. This section reads as follows: Section 6. The City of Royal Oak agrees to pay any assessment against MDOT which is greater than the sum which would be yielded by application of the formula in Section 14a of 1951 PA 51, as amended, M.C.L. 247.664a; MSA 9.1097(14a). A sufficient majority having voted therefor, the amendment carried. Moved by Palmer supported by Jensen the resolution be amended by adding the following BE IT FURTHER RESOLVED, to read as follows: BE IT FURTHER RESOLVED that the Drainage Board for the North Arm Relief Drainage District use its best efforts to facilitate having the City of Clawson included in the 23% SRF bond issue. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Commissioner Johnson put the Board on notice of her intent to discharge Miscellaneous Resolution #98170, Public Hearings Required to Increase or Add New Oakland County Fees, from the General Government Committee at the August 20, 1998 Board meeting. Commissioners Minutes Continued. August 6, 1998 324 MISCELLANEOUS RESOLUTION #98181 BY: Nancy Dingeldey, John P. Garfield, JoAnne Holbert, Ruel E. McPherson, Kay Schmid, Shelley G. Taub, Donn L. Wolf IN RE: HIDDEN TAXES IN TELEPHONE BILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Federal Communications Commission through the Telecommunications Act of 1996 established the Universal Service Fund (USF) and the Access Charge Reform; and WHEREAS the USF was originally established to ensure that all Americans have access to affordable telephone service; and WHEREAS beginning January 1, 1998, assessments for the USF also provide funding to connect eligible schools, libraries and rural health care providers to the global telecommunications network; and WHEREAS contributions for the original high cost/low income fund are based on individual charges for interstate and international calls while the new Schools, Libraries and Health Care Fund assessments are based on charges for interstate, international and intrastate calls; and WHEREAS FCC regulated access fees substantially exceed the costs they were designed to cover - that of universal service - the policy of setting basic phone rates low enough so that all Americans could have a telephone; and WHEREAS this covert tax to fund universal service, now estimated to be more than $20 billion a year, has no requirements for accountability and may run as high as 50% more than actual costs of providing service; and WHEREAS if revenue is to be collected from consumers for any kind of universal service, to subsidize or provide discounted services, the fee should be set and collected as a federal tax, not a hidden tax called subscriber fees or access fees ; and WHEREAS accountability and use of such funds must be required to fulfill the promise of the Telecommunications Act of 1996 - that being one of true competition and lower rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges that all necessary steps be taken to protect the consuming public from providing additional profit margins to operating telephone companies under the guise of access fees. BE IT FURTHER RESOLVED the copies of this resolution be forwarded to the Michigan Association of Counties and that the National Association of County Officials make this issue part of its platform calling for Congress to take the necessary steps to protect the consuming public from such hidden charges. Chairperson, we move the adoption of the foregoing resolution. Nancy Dingeldey, John P. Garfield, JoAnne Holbert, Ruel E. McPherson, Kay Schmid, Shelley G. Taub, Donn L. Wolf, Ruth Johnson, Fran Amos, Robert Hoffman, Lawrence A. Obrecht, Frank Millard, Charles Palmer, Dan Devine, Jr., Sue Ann Douglas, Donald W. Jensen, Thomas A. Law, David L. Moffitt, Eric Coleman, Vincent Gregory, Gilda Jacobs, Eugene Kaczmar, John McCulloch The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #98182 BY: Commissioners Shelley G. Taub, District #12; Ruth Johnson, District #1 IN RE: (SUPPORT) HOUSE RESOLUTION 859, AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1992, in the name of water conservancy, Congress decreed that beginning in 1994, that all U.S. toilets would use no more than 1.6 gallons of Commissioners Minutes Continued. August 6, 1998 325 water per flush, and outlawed the manufacture of the 3.5 gallon-per-flush toilet on which all Americans were heretofore trained; and WHEREAS by the passage of the Energy Policy and Conservation Act, which is the current law, this incursion into the bathrooms of America is overseen by the toiletology experts of the United States Department of Energy; and WHEREAS the regulation of the amount of water in the toilets of our citizens has not only caused a tempest in a toiletbowl , but has had the unintended consequence of requiring multiple flushes to insure proper operation of this facility and has created a black market for the good, old-fashioned toilet; and WHEREAS citing the protection of our natural resources, the DOE porcelain police unwittingly echo Noah Webster who stated that Good intentions will always be pleaded for every assumption of authority. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, does hereby support the passage of House Resolution 859, (The Plumbing Standards Act), as introduced by Congressman Joe Knollenberg, and request that Oakland County=s State and Federal Legislators join us in support of this amendatory legislation. BE IT FURTHER RESOLVED that along with our support of House Resolution 859, we admonish those who would violate, so intrusively, our privacy, that we won=t take this sitting down. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, Ruth A. Johnson Copy of House Resolution 859 on file in County Clerk=s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: FINANCE COMMITTEE a. Department of Community Health - Fiscal Year 1998/1999 Funding Formula Decisions b. COPS AHEAD - Letter from Jeanette H. Mizzi c. SCAO - County Equity Fund 3rd Quarter Disbursement GENERAL GOVERNMENT COMMITTEE a. SCAO - County Equity Fund 3rd Quarter Disbursement b. Washtenaw County - Oppose Dog Law Revision PLANNING AND BUILDING COMMITTEE a. MDOT - Excess Property; Royal Oak b. MDOT - Excess Property; Bloomfield, Novi, Commerce PUBLIC SERVICES COMMITTEE a. Department of Community Health - Fiscal Year 1998/1999 Funding Formula Decisions b. DCH - 1996/1997 Cost Sharing There were no objections to the referrals. The Board adjourned at 11:10 A.M. to the call of the Chair or August 20, 1998 at 9:30 A.M. G. WILLIAM CADDELL JOHN McCULLOCH Deputy Clerk Chairperson