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HomeMy WebLinkAboutMinutes - 1998.09.24 - 8257 371 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 24, 1998 Meeting called to order by Chairperson John McCulloch at 10:02 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called: PRESENT: Amos, Coleman, 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 Holbert. Pledge of Allegiance to the Flag. Moved by Taub supported by Palmer the minutes of the September 3, 1998 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Wolf supported by Obrecht the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE j. Resolution Authorizing the Oakland County Building Authority to Finance the Building Project l. Drain Commissioner - Storm Water Management Project - Illicit Connection Program; $200,000 Grant Application/Acceptance (Reason for suspension for Planning and Building Committee, items j and l: Waiver of Rule XII-E. Direct Referral to Finance Committee) PUBLIC SERVICES COMMITTEE c. Prosecuting Attorney - Grand Jury Continuance (Reason for suspension for Public Services Committee, item c: Waiver of Rule XII-E. Direct Referral to Finance Committee) d. Sheriff=s Department and Prosecuting Attorney - 1998/1999 Oakland County Narcotics Enforcement Team (NET) Grant Acceptance e. Prosecuting Attorney/Litigation/Narcotics Task Force - Creation of One (1) GF/GP Assistant Prosecutor II Position i. Department of Public Services/Community Corrections Division - Professional Services Contract (Not to Exceed $25,000) (Reason for suspension for Public Services Committee, items d, e and i: Waiver of Rule XII-E. Direct Referral to Finance and Personnel Committees) Commissioners Minutes Continued. September 24, 1998 372 ITEM NOT ON PRINTED AGENDA AUDIT COMMITTEE a. Miscellaneous Resolution #97175, Community Mental Health Board Request that the Oakland County Board of Commissioners Provide an Outside Performance Audit of Community Mental Health (Reason for suspension for Audit Committee, item a: Waiver of Rule III, five-day notification. Audit Committee meeting held immediately prior to 9/24/98 Board meeting.) Moved by Moffitt supported by Millard the agenda be further amended to move the Public Services Committee, item g to be the first item considered following Public Comment. Vote on Moffitt=s motion: A sufficient majority having voted therefor, the amendment carried. Vote on motion to suspend and amend: AYES: Amos, Coleman, Dingeldey, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Commissioner Fran Amos presented a Community Mental Health Services Board Update. The Chairperson made the following statement A Public Hearing is now called on the Aluminum Blanking Company EDC Project, City of Pontiac. Are there any persons present who wish to speak? No one requested to speak and the Public Hearing was declared closed. The Chairperson made the following statement A Public Hearing is now called on the Detroit Country Day EDC Project. Are there any persons present who wish to speak? No one requested to speak and the Public Hearing was declared closed. The Chairperson made the following statement A Public Hearing is now called on the V & M Corporation EDC Financing Project. Are there any persons present who wish to speak? No one requested to speak and the Public Hearing was declared closed. The Chairperson made the following statement A Public Hearing is now called on the Lourdes, Inc., EDC Project, Charter Township of Waterford. Are there any persons present who wish to speak? No one requested to speak and the Public Hearing was declared closed. The Chairperson made the following statement A Public Hearing is now called on the Community Mental Health Authority. Are there any persons present who wish to speak? The following people addressed the Board: Elmer Cerano, Mary Griffiths, Hope Cummins, Sam Davis, Lynne Tamor, Don Vainer, Carol Vainer, William Hacker, Donna Hacker, Ruth Raimi, Joe Erwin, Denise Howell, Doug Nichols, Nancy Barnes and Mary Hughes. The Chairperson made the following statement A Public Hearing is now called on the County Executive Recommended Budget for Fiscal Year 1999/2000. Are there any persons present who wish to speak? No one requested to speak and the Public Hearing was declared closed. The following people addressed the Board: Brian Campbell, Elmer Cerano, Todd K. Kokko, Denise Howell, Hope Cummins, Lynne Tamor and Nancy Barnes. Commissioners Minutes Continued. September 24, 1998 373 REPORT (Misc. #98215) BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on September 14, 1998, recommends that the above-referenced resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #98215) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on September 16, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (Misc. #98215) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on September 15, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (Misc. #98215) BY: Strategic Planning Committee, Ruth A. Johnson, Vice Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION 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 September 16, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Strategic Planning Committee, I move the acceptance of the foregoing report. STRATEGIC PLANNING COMMITTEE REPORT (Misc. #98215) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-titled resolution on September 17, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 374 MISCELLANEOUS RESOLUTION #98215 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the timely, appropriate, efficient and cost-effective delivery of community mental health services to the residents of Oakland County is a high priority for Oakland County Government; and WHEREAS the State of Michigan, Department of Community Health (MDCH) is mandating the implementation of dramatic changes in the way mental health services are to be administered and delivered to Michigan residents; and WHEREAS Oakland County=s Community Mental Health Agency Program (CMH), CMH consumers, consumer families and County taxpayers will benefit from a Community Mental Health Program reorganization that will allow the Program maximum flexibility in designing, financing, planning for and implementing mental health service programs for Oakland County=s residents in the managed care, shared-risk and full-risk environment being mandated by the MDCH; and WHEREAS Section 205 of the Michigan Mental Health Code, 1974 PA 258, as amended, authorizes the Oakland County Board of Commissioners to establish a community mental health authority to operate as a community mental health services program; and WHEREAS the innovative Authority form of organization, already operating in 49 Michigan counties, was designed by the Michigan Legislature to provide community mental health programs with maximum flexibility in designing, financing, planning for and implementing mental health service programs, especially in the managed care, shared-risk and full-risk environment being mandated by the MDCH; and WHEREAS a CMH Authority will retain all of the powers and duties currently possessed by Oakland County=s Community Mental Health Agency Program; and WHEREAS a CMH Authority, as a public governmental entity separate from the county that establishes it, possesses additional powers not enjoyed by the existing CMH agency, including but not limited to powers to fix and collect charges, rates, rents, fees, and other charges; the power to collect interest; the power to transfer, divide, or distribute assets, liabilities and contingent liabilities; the power to accept gifts, grants, or bequests and to determine the manner of their use; the power, in its own name, to enter into contracts and agreements, employ staff, acquire, construct, manage, maintain, or operate buildings or improvements, the power to acquire, own, operate, maintain, lease, or sell real or personal property; the power to incur debts, liabilities, or obligations that are not the debts, liabilities or obligations of the county; the power to commence litigation and defend itself in litigation, and the power to invest funds; and WHEREAS a CMH Authority can not levy any type of tax or issue any type of bond in its own name or financially obligate any unit of government other than itself; and WHEREAS Oakland County, after creating a CMH Authority, will not be liable for any intentional, negligent, or grossly negligent act or omission, for any financial affairs, or for any obligation of the CMH Authority, its board, employees, representatives, or agents; and WHEREAS under the CMH Authority form of organization, CMH consumers will continue to possess the same rights, privileges and benefits with respect to CMH operations and services as they enjoy under the current CMH agency form of organization; and WHEREAS under the CMH Authority form of organization the Board of Commissioners will continue to have the statutory obligation duty to appoint CMH Board members and to consider for approval the CMH Authority=s annual request for county funds to support the CMH Authority program, thereby continuing to maintain a meaningful oversight role with respect to the provision of CMH services in Oakland County; and WHEREAS the public=s right to be informed of and participate in the affairs of the CMH Authority will continue to be protected by the Open Meetings Act and Freedom of Information Act, both of which are binding on CMH Authorities under specific Mental Health Code provisions; and Commissioners Minutes Continued. September 24, 1998 375 WHEREAS on December 12, 1996, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #96260, and voted to establish the Oakland County Community Mental Health Authority (OCCMH AUTHORITY); and WHEREAS Miscellaneous Resolution #96260 provided that it will become effective only after the Oakland County CMH Agency Program received Michigan Mental Health Code Section 232a Certification from the MDCH; and WHEREAS on March 10, 1998, the Oakland County CMH Agency Program was granted Section 232a Certification by the MDCH for the period March 10, 1998 through March 9, 2001; and WHEREAS Miscellaneous Resolution #96260 also provided that it will become effective only after the receipt and acceptance of a transition plan by the Oakland County Board of Commissioners; and WHEREAS via Miscellaneous Resolution #96286 the Board of Commissioners established a Community Mental Health Task Force charged with the task of advising the Board of Commissioners on the transition of Oakland County=s Community Mental Health Agency to an Authority; and WHEREAS the Community Mental Health Task Force has prepared an advisory transition report containing some 105 recommendations for the Board of Commissioners, which report has been reviewed and summarized by a Task Force Working Group and CMH Administration; and WHEREAS it is now necessary for the Oakland County Board of Commissioners to receive and accept a transition plan in order for Miscellaneous Resolution #96260 to become fully effective. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby receives the attached Oakland County Community Mental Health Authority Working Draft and accepts the Authority Task Force Subcommittee Recommendations - - Summary Tables dated August 13, 1998, and specifically those portions of the Summary under the heading Alternative Action/Rationale as being the transition plan required by Miscellaneous Resolution #96260. BE IT FURTHER RESOLVED that Miscellaneous Resolution #96260 shall be deemed to be fully effective on January 1, 1999, at which time the Oakland County Community Mental Health Agency shall cease to exist and the Oakland County Community Mental Health Authority shall be established to operate in compliance with and to carry out the provisions of the Michigan Mental Health Code, 1974 PA 258, as amended. BE IT FURTHER RESOLVED that the Oakland County Clerk is directed to maintain a copy of this resolution in the Clerk=s files and is to immediately file a copy of this resolution with the Secretary of State. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Community Mental Health Authority Working Draft Containing the Final Community Mental Health Authority Transition Task Force Report, a Proposed Resolution and Reference Documents, August 14, 1998, on file in County Clerk=s office. FISCAL NOTE (Misc. #98215) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports as follows: 1. That subject to the constraint of funds actually appropriated by the County Board of Commissioners, the amount of County match required of a County that has created a Community Mental Health Authority may not exceed the amount of funds provided by the County as County match in Fiscal Year 1994-1995 or the year the authority is created, whichever is greater. In Oakland County=s situation, the Fiscal Year 1994-1995 match of $9,620,616 is the greater amount, therefore, subject to the constraint of funds actually appropriated by the County Board of Commissioners, the County may not be required Commissioners Minutes Continued. September 24, 1998 376 to provide the Oakland County Community Mental Health Authority with a match greater than $9,620,616 on an annual basis. 2. The Fiscal Year 1999 and Fiscal Year 2000 Finance Committee Recommended Budget allocates $9,620,616 each year to cover the maximum County match that may be required of the County by the State to fund a Community Mental Health Authority program. This amount being sufficient to meet the maximum match that may be required for an Oakland County Community Mental Health Authority, no additional General Fund appropriation will be required. 3. Currently, because Oakland County CMH is a County agency, Oakland County receives mental health advances from the MDCH. These advances, together with other County funds, are invested for the benefit of Oakland County taxpayers. Interest earned from the combined invested funds are, per Board of Commissioner policy, deposited in the County General Fund. Once an Oakland County Community Mental Health Authority is operational, it will, by operation of law, become a public governmental entity separate from the County creating it. The Authority will receive MDCH advances directly from the State. Oakland County will no longer receive MDCH advances, thereby reducing both the amount of general fund investments and interest income resulting therefrom. 4. The County General Fund loss of investment income may reach $3 million annually, with the actual total potential loss being subject to the performance of other invested funds. In order to account for the anticipated loss of invest income, the Fiscal Year 1999 and Fiscal Year 2000 Finance Committee Recommended Budget includes, on an annual basis, estimated investment income revenue that is $1.5 million below the current Fiscal Year 1998 estimate. 5. Oakland County Community Mental Health currently leases a variety of equipment, including office equipment, computer equipment, and telephone equipment, and is charged a building space cost for the County facility where CMH is housed. As the Authority becomes operational, all assets, debts, and obligations of the CMH Agency, including but not limited to equipment, furnishings, supplies, cash and other personal property will transfer to the Authority. As a result, the County internal service funds, which currently hold title to the equipment, may experience a balance sheet adjustment. The amount of this adjustment has not been calculated at this time. Once those amounts are verified, a report will be made to the Finance Committee. 6. Once the Oakland County Mental Health Authority is operational, the County=s Community Mental Health Fund will be closed. All revenue and expenditures from this fund, which amounts to $154,787,280 in the Fiscal Year 1999 Finance Committee Recommended Budget, will be removed from the County Budget document. Only the General Fund match will continue to be budgeted. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Moved by Moffitt supported by Palmer the General Government, Personnel, Planning and Building, Strategic Planning and Finance Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Moffitt supported by Palmer the resolution be adopted. Discussion followed. Vote on resolution: AYES: Dingeldey, Douglas, Garfield, Hoffman, Holbert, Huntoon, Jensen, Johnson, Law, McCulloch, Millard, Obrecht, Palmer, Schmid, Taub, Wolf, Amos. (17) NAYS: Coleman, Gregory, Jacobs, Kaczmar, Kingzett, McPherson, Moffitt. (7) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. September 24, 1998 377 REPORT (Misc. #98216) BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: AMENDMENT TO THE GENERAL APPROPRIATIONS ACT To the Finance Committee Chairperson, Ladies and Gentlemen: The Public Services Committee, in reviewing the resolution to Adopt the Community Mental Health Transition Plan on September 15, 1998, recommends that the General Appropriations Act be amended as follows: That the General Appropriations Act be amended to require, as a condition of appropriation to a Community Mental Health Authority, that the Community Mental Health Authority shall report to the Board of Commissioners as to the results of their consideration of each and every recommendation made by the Community Mental Health Authority Task Force, said report to be made quarterly until all recommendations have been considered and acted upon by the Community Mental Health Authority Board, said time to be not later than September 30, 1999; and that said Community Mental Health Authority Board agree to conduct such performance reviews as the Board of Commissioners may request during the 1998/1999 Fiscal Year. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #98216) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: AMENDMENT TO THE GENERAL APPROPRIATIONS ACT To the Finance Committee Chairperson, Ladies and Gentlemen: The Personnel Committee, in reviewing the resolution to Adopt the Community Mental Health Transition Plan on September 16, 1998, recommends that the General Appropriations Act be amended per the Public Services Committee Report with the additional wording as indicated in bold: That the General Appropriations Act be amended to require, as a condition of appropriation to a Community Mental Health Authority, that the Community Mental Health Authority shall report to the Board of Commissioners as to the results of their consideration of each and every recommendation made by the Community Mental Health Authority Task Force, said report to be made quarterly until all recommendations have been considered and acted upon by the Community Mental Health Authority Board, said time to be not later than September 30, 1999; and that said Community Mental Health Authority Board agree to conduct such performance reviews as the Board of Commissioners may request during the 1998/1999 Fiscal Year AND THAT THE COMMUNITY MENTAL HEALTH AUTHORITY SHALL SUBMIT TO AN ANNUAL PERFORMANCE AUDIT BY AN ENTITY TO BE SELECTED BY THE BOARD OF COMMISSIONERS WITH THE PARAMETERS OF SAID ANNUAL PERFORMANCE AUDIT TO BE DETERMINED BY THE COUNTY====S AUDIT COMMITTEE. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (Misc. #98216) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: AMENDMENT TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the resolution titled ADOPTION OF COMMUNITY MENTAL HEALTH AUTHORITY TRANSITION PLAN FOR OAKLAND COUNTY on September 17, 1998, reports with the recommendation that the Proposed General Appropriations Act for Fiscal Year 1999 be amended, as proposed by the Personnel Committee. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 378 REPORT (Misc. #98216) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: FISCAL YEAR 1999 BUDGET AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the Fiscal Year 1999 Budget recommended by the Finance Committee on September 16, 1998, reports with the recommendation that the budget be amended to include one 1,000 hr/yr part-time non-eligible General Clerical position in the Administrative Unit of Division IV of the 52nd District Court. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #98216 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FISCAL YEAR 1999 GENERAL APPROPRIATIONS ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as amended by Public Act 100 of 1980), the Unified Form of County Government Act, and Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of Commissioners to establish and adopt the annual County Budget and work program; and WHEREAS the Finance Committee received budget requests from all County Departments, and has reviewed in detail the County Executive=s Fiscal Year 1999 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $573,223,287 for Fiscal Year 1999, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of Oakland on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained, to define the powers and duties of the County=s officers in relation to that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with information by the departments, boards, commissions and offices relating to their financial needs, revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution; and WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the total cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as requested by the Court and approved by the Board of Commissioners. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt and amend the Fiscal Year 1999 General Appropriations Act recommended by the Finance Committee as advertised and placed in the Clerk=s Office for public inspection. BE IT FURTHER RESOLVED that $750,000 of Cigarette Tax Revenue distributed by the State to Oakland County under the authority of the Health and Safety Fund Act, Public Act 264 of 1987, be divided between the Health Division (11/17 or $485,300) and the Sheriff=s Department (6/17 or $264,700). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (1-0100-201-011) be utilized to cover the total costs incurred in Fiscal Year 1999 for the Civil Mediation Program. BE IT FURTHER RESOLVED that Road Improvement Funds may be released to the Road Commission upon approval of the specific projects by the General Government Committee of the Board of Commissioners. BE IT FURTHER RESOLVED that the following policy be established regarding administration of the Delinquent Tax Revolving Fund: 1) The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of Public Act 206 of Commissioners Minutes Continued. September 24, 1998 379 1893 (as amended) for the purpose of paying local taxing units within the County their respective shares of delinquent ad valorem real property taxes, in anticipation of the collection of those taxes by the County Treasurer. This policy statement, which encompasses the precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the functional intent or operational success of the DTRF as originally established. 2) To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted balance to fall below a level that would assure a prompt payment of all current and future outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of the DTRF as specified in the preceding paragraph. 3) Penalties and investment interest generated by the DTRF may be transferred, in whole or in part, to the General Fund of the County upon majority vote of the Board of Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above. 4) Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment interest, shall be limited to one-time expenditures, as opposed to recurring operations. 5) Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term advances (with specific time frames detailed in the authorizing resolution), to be repaid with interest as specified below. 6) Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest, not considered advances to be repaid within a time certain shall require a two-thirds majority vote of the Board of Commissioners. 7) All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a time certain shall require a majority vote of the Board of Commissioners. 8) Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing resolution, including interest obligations detailed as follows: a. Interest on each payment will be based on the average monthly rate paid during the term of the agreement by the agent of the DTRF for that year=s outstanding borrowing, or b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made in accordance with the previously established Loan of County Funds Policy (Miscellaneous Resolution #89276) which requires Board approval of repayment terms at an interest rate no less than the prevailing six-month Treasury Bill rate and that such rates shall be computed and compounded quarterly. BE IT FURTHER RESOLVED that $850,000 (or one-half of the $1,700,000) convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, Public Act 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans= Services Soldier Relief. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners proposes to levy a millage rate of 4.1900 mills upon the total Taxable Value of Real and Personnel Property so as to generate $163,459,994 to support the 1999 County General Fund/General Purpose Operating Budget. BE IT FURTHER RESOLVED that $1,093,750 be transferred from the Millage Reduction and Stabilization Fund to the General Fund to offset the corresponding reduction in property tax revenue. BE IT FURTHER RESOLVED that: 1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. Commissioners Minutes Continued. September 24, 1998 380 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful and necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed Fiscal Year and estimated expenditures for the current Fiscal Year. (b) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers. (c) Revenue data for the most recently completed Fiscal Year and estimated revenues for the current Fiscal Year. (d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing Fiscal Years. (e) The amount of surplus or deficit from prior Fiscal Years, together with an estimate of the amount of surplus or deficit expected in the current Fiscal Year. (f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing Fiscal Years. (g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital Commissioners Minutes Continued. September 24, 1998 381 construction project for three (3) years beyond the Fiscal Year covered by the budget. (h) An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service and enterprise funds. (i) A comparison of the revenue and expenditure amounts in the recommended budget to the budget previously adopted by the Board of Commissioners with appropriate explanation of the variances. (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding Fiscal Year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. (b) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current Fiscal Year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the current year adopted budget, together with an analysis and explanation of the variances therefrom, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a Public Hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than September 30, the Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the County of Oakland. The supporting budgetary data to the general appropriations measure shall include at least the following: Commissioners Minutes Continued. September 24, 1998 382 (a) Expenditure data for the most recently completed Fiscal Year. (b) The expenditures budget as originally adopted by the Board of Commissioners for the current Fiscal Year. (c) The amended current year appropriations. (d) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers. (e) Revenue data for the most recently completed Fiscal Year and estimated revenues for the current Fiscal Year. (f) Budgeted Revenue Estimates as originally adopted by the Board of Commissioners for the current Fiscal Year. (g) The amended current year budgeted revenues. (h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing Fiscal Year. (i) The amount of surplus or deficit from prior Fiscal Years, together with an estimate of the amount of surplus or deficit expected in the current Fiscal Year. (j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing Fiscal Year. (k) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital project, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the Fiscal Year covered by the budget. (l) An informational summary of projected revenues and expenditures/expenses of capital projects, internal service, and enterprise funds. (m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County. (n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners. 14. The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph #21 of this resolution. 15. A deviation from the original general appropriations measure shall not be made without first amending the general appropriations measure through action by the Board of Commissioners, except within those limits provided for in paragraph #16 of this resolution. 16. Appropriations accumulated at the following three summary levels of expenditure within each County Division will be deemed maximum authorization to incur expenditures: Controllable Personnel Expenditures, Controllable Operating Expenditures, and Non-Controllable Operating Expenditures (Internal Service Funds). The County Executive or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures within these limits, holding expenditures below individual line-item appropriations or allowing overruns in individual line-items providing that at no time shall the net expenditures exceed the total appropriation for Controllable Personnel and Operating Expenses, respectively, for each division as originally authorized or amended by the Board of Commissioners. The Fiscal Officer shall submit to the Finance Committee a quarterly listing of new governmental funded appropriations and internal service fund line items created administratively which were not properly classifiable. Line-item detail, division, unit or cost center detail and Commissioners Minutes Continued. September 24, 1998 383 allotments, which provide a monthly calendarization of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. 17. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which are to be recorded such expenditure encumbrances and obligations for the future payment of appropriated funds as the Fiscal Officer may approve. 18. Each purchase order, voucher or contract of Oakland County shall specify the funds and appropriation designated by number assigned in the accounting system classification from which it is payable and shall be paid from no other fund or appropriation. The necessary amount of the appropriation from such account shall be transferred pursuant to the provisions of this resolution to the appropriate general appropriation account and the expenditure then charged thereto. 19. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All capital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 20. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: (a) A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances. (b) A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances. (c) A forecast of actual expenditures, encumbrances and transfers from each of the several Non-Departmental Appropriations Accounts compared with authorized appropriations accompanied by an explanation of any significant variances. 21. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any appropriation for transfer account to any other appropriations account may not be made without amendment of the general appropriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the following instances: (a) Transfers may be made from the Non-Departmental Overtime Account and Fringe Benefit Adjustment Account to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations may be transferred between divisions within a department at the request of the Department Head, if authorized by the Fiscal Officer or his designee. (b) Transfers may be made from the Non-Departmental Appropriation Accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. Commissioners Minutes Continued. September 24, 1998 384 (c) Transfers may be made from the Non-Departmental Appropriation Accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Personnel Department. (d) Fringe benefit rates shall be established annually in the budget process to charge all General Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, tuition reimbursement, employee training, retirees' hospitalization and retirement administration. All funds collected for Retirement, Tuition Reimbursement, Social Security (FICA), Hospitalization for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as established by Miscellaneous Resolution #81312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81012 and modified by Miscellaneous Resolution #96024. (e) An amount for capital improvements and rental charges for principal payments on Building Authority bonds shall be added to the Building Space Cost Allocation charges. Funds collected as a result of these charges shall be accumulated in the Facilities Maintenance and Operations Fund for subsequent transfer to the Capital Improvement Fund and Building Authority Fund. The transfer of these funds to the Capital Improvement Fund and Building Authority Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (f) Transfers may be made from the Non-Departmental Accounts for the Department of Information Technology or from any other source of funds, for computer hardware and/or software only with prior approval by the Strategic Planning Committee. Each proposal for the transfer of funds must be supported in writing with cost justification and an itemization of the requested hardware and software. The Director of Information Technology shall present such proposals as required to the Strategic Planning Committee as they are developed. The Fiscal Officer shall report such amendments to the Finance Committee as a formal part of the County Executive's Quarterly Financial Forecast. (g) Annually, from Fiscal Year 1999 through Fiscal Year 2003, $5,000,000.00 will be transferred from the Delinquent Tax Revolving Fund to the General Fund to allow for the establishment of an Environmental Infrastructure Fund (#263). These funds will then be allocated and transferred from the General Fund Operating Transfer account (#90-310000-41000- 8001) to the Environmental Infrastructure Fund. The allocation of the Environmental Infrastructure Fund to local cities, villages and townships (CVTs) will be based upon criteria established by the Board of Commissioners. The total allocation, however, to any approved CVT will coincide with an allocation that is based 50% on the percentage each CVT=s state taxable value (STV) to the County=s total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT=s population, to the County=s total population based on the most recently completed census. Commissioners Minutes Continued. September 24, 1998 385 Finally, any final expenditure and transfer shall be done in conformance with state law. 22. The Board of Commissioners may make supplemental appropriations by amending this general appropriations measure as provided by this resolution, provided that revenues in excess of those anticipated in the original general appropriations measure become available due to: (a) An unobligated surplus from prior years becoming available. (b) Current year revenue exceeding original estimate in amounts sufficient enough to finance increased appropriations. The Board of Commissioners may make a supplemental appropriation by increasing the dollar amount of an appropriation item in the original general appropriations measure or by adding additional items. At the same time the estimated amount from the source of revenue to which the increase in revenue may be attributed shall be increased, or other source and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case may such appropriations cause total estimated expenditures, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. 23. Whenever it appears to the County Executive or the Board of Commissioners that actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, the County Executive shall present to the Board of Commissioners recommendations which, if adopted, will prevent expenditures from exceeding available revenues for the current Fiscal Year. Such recommendations shall include proposals for reducing appropriations, increasing revenues, or both. After receiving the recommendations of the County Executive for bringing appropriations into balance with estimated revenues, the Board of Commissioners shall amend the general appropriations measure to reduce appropriations or shall approve such measures necessary to provide revenues sufficient to equal appropriations, or both. 24. All appropriations are annual and the unexpended portion shall lapse at year end. Encumbrances and Appropriations Carried Forward will be recorded as a reservation of fund balance and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by Miscellaneous Resolution #93156, will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the purposes of determining their continuation for the remainder of the year. The recommended year-end budget amendment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2) budget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 25. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt, incur a financial obligation on behalf of the County against an appropriation account in excess of the amount authorized, (2) apply or divert money of the County for purposes inconsistent with those Commissioners Minutes Continued. September 24, 1998 386 specified in this general appropriations measure as approved and amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Reimbursement Division, are hereby authorized to be adjusted in accordance with Public Act 212 of 1994 with the resultant amount of the write-off subsequently reported to the Board of Commissioners as part of the Quarterly Financial Report. Also, within the administrative authority of the Fiscal Officer and with the general approval of the Court, Circuit Court and Probate Court financial orders for $2,500 or less may be reduced and amended by the Reimbursement Division based on an individual=s ability to pay. Waiver of fees in excess of $2,500 shall require the approval of the Court. Except as otherwise stated in the General Appropriations Act, funds shall not be expended without specific appropriation or other appropriate action by the Board of Commissioners from reserved, designated or undesignated fund equity; from balance sheet accounts for the purchase of fixed assets not cited in paragraph 26 of the General Appropriations Act, non-routine prepaid items or non- routine obligations related to a specific appropriation; or from funds not budgeted. 26. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing, upgrading or disposing of those assets. 27. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 28. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal action in a court of competent jurisdiction for the recovery of County funds disclosed by an examination to have been illegally expended or collected as a result of malfeasance, and for the recovery of public property disclosed to have been converted or misappropriated. 29. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. BE IT FURTHER RESOLVED that the Chief Administrative Officer and the Fiscal Officer for the County shall undertake a full review of cost cutting options and shall present a plan for expenditure reduction, by March 31, 1999, which can be implemented over the period 1998 - 2001. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution which embodies the Fiscal Year 1999 General Appropriations Act as detailed in the Fiscal Year 1999 Budget document, including subsequent amendments. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 387 Copy of Fiscal Year 1999 and Fiscal Year 2000 Finance Committee Recommended Amendments Compared With County Executive Budget Recommendation on file in County Clerk=s office. Moved by Douglas supported by Jensen the Public Services, Personnel (2) and Finance Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Douglas supported by Amos the resolution be amended to coincide with the recommendations in the Public Services and Personnel Committee Reports. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: 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, as amended, was adopted. MISCELLANEOUS RESOLUTION #98217 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS - 1998 COUNTY GENERAL FUND PROPERTY TAX AND PARKS & RECREATION TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage rate of 5.26 mills and a voted .25 mill for Parks & Recreation; and WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to apportion a .25 mill property tax rate; and WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's Maximum Allowable Tax Rate to the 1994 "Headlee" rollback (Article 9, Section 31 of the Michigan Constitution) tax rate of 4.4805 mills, a Parks & Recreation maximum allowable tax rate of .2439 mill and a Huron-Clinton Authority maximum allowable tax rate of .2236 mill; and WHEREAS Public Act 42 of 1995, "Truth in Budgeting" Act, allows the County Board of Commissioners to hold a single Public Hearing as a prerequisite to both approval of the Property Tax Levy and Budget adoption, if the recommended property tax rate necessary to support the ensuing year=s operating budget is included in the General Appropriations Act; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #95265, created the Millage Reduction and Stabilization Fund which accumulated a balance of $4,375,000 attributable to cost saving measures implemented over time; and WHEREAS the Board of Commissioners and County Executive was desirous of utilizing these funds to further reduce the Property Tax Rate below the 1996 rate of 4.3805 mills by .03 mill which would consume the accumulated balance over a four (4) year time frame without jeopardizing the County=s ability to deliver quality public services; and WHEREAS the Board of Commissioners, upon the recommendation of the County Executive, adopted Miscellaneous Resolution #97191 establishing a 1997 County Property Tax rate of 4.3505 mills, .13 mills less than the Maximum Allowable Tax Levy as constrained by State law, equivalent to a total tax reduction of $5.1 million; and WHEREAS the County Executive recommends that the County tax rate be set at 4.1900 mills, .1605 mill less than the 1997 millage rate and .2905 mill below the Maximum Allowable Tax Levy as constrained by State law, equivalent to a total tax reduction of $11.3 million; and WHEREAS the Finance Committee recommends that the 1998 County General Fund Property Tax rate be set at 4.1900 mills, .2905 mill below the maximum allowable tax rate; the Oakland County Parks & Recreation Tax rate be set at .2429 mill, .0010 mill below the maximum allowable tax rate; and the Huron-Clinton Metro Park Commissioners Minutes Continued. September 24, 1998 388 Authority Tax rate be set at .2235 mill, .0001 mill below the maximum allowable tax rate; and WHEREAS $163,663,501 is the estimated amount of the 1999 County General Fund Budget to be raised by taxation based on the 1998 Taxable Value of all property located in Oakland County ($39,060,501,498) at the recommended rate of 4.1900 mills, together with the voted .2429 mill for Parks & Recreation of $9,487,796 and the .2235 mill for the Huron-Clinton Authority of $8,730,022. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 1998 the following tax rates to be applied to the 1998 Taxable Value of all property located within their respective jurisdictions: 1998 County Voted for Huron-Clinton General Property Tax Levy Parks & Recreation Park Authority 4.1900 Mills .2429 Mill .2235 Mill Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Obrecht the resolution be adopted. 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. MISCELLANEOUS RESOLUTION #98218 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - INCREASE IN PERSONAL MILEAGE REIMBURSEMENT FOR NON-REPRESENTED EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #96275 and #97091, the Board of Commissioners adopted and amended Business Expense Reimbursement Regulations; and WHEREAS Section III (National and State Travel), E (Schedule of Rates), 3 (Mileage Rates), states that Mileage reimbursement rates for non-represented employees will be no more than the current year I.R.S. regulations and are subject to annual review.; and WHEREAS the current County personal mileage reimbursement rate for non- represented employees is $.30 per mile; and WHEREAS the I.R.S. has increased the allowable reimbursement rate to $.325 per mile; and WHEREAS tentative agreements have been negotiated between the County and the Oakland County Employees Union (OCEU) and the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), which includes an increase in the personal mileage reimbursement rate to $.325; and WHEREAS the proposed increase will cost approximately $66,000 County wide on an annual basis, it is recommended that the Fiscal Year 1999 and Fiscal Year 2000 Budget not be amended for this increase, rather the cost be absorbed in the current authorized appropriations. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an increase in the personal mileage reimbursement rates for all non-represented employees to $.325 per mile effective September 26, 1998 (first pay of Fiscal Year 1999). BE IT FURTHER RESOLVED that the cost of this reimbursement rate increase be absorbed in the Fiscal Year 1999 authorized appropriation. BE IT FURTHER RESOLVED that the Department of Management and Budget, in accordance with the approved Business Expense Reimbursement Regulations, notify all elected officials, department directors and division managers, of the increased reimbursement rate. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 389 Moved by Douglas supported by Hoffman the resolution be adopted. 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 resolution was adopted. MISCELLANEOUS RESOLUTION #98219 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - ACCEPTANCE OF 1998/1999 COMMUNITY CORRECTIONS GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services= Community Correction=s Division applied to the Michigan Department of Corrections (MDOC) for $2,472,276 in grant funds for the period October 1, 1998 through September 30, 1999; and WHEREAS the MDOC has awarded Oakland County a 1998-1999 Community Corrections grant in the amount of $2,472,276 which is the same as the application amount; and WHEREAS the application requesting funds requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant, however, it should be noted that there are General Fund Pretrial Services positions included in the Fiscal Year 1999/2000 Budget, which are not part of this grant; and WHEREAS the contract has been approved by the County Executive=s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1998/1999 Community Corrections grant from the Michigan Department of Corrections in the amount of $2,323,842. BE IT FURTHER RESOLVED that the future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund) will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the Fiscal Year 1999 Special Revenue budget be amended to coincide with this grant award. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Coleman the resolution be adopted. 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) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98220 BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: BOARD OF COMMISSIONERS - PROFESSIONAL SERVICES CONTRACT FOR LEGISLATIVE LOBBYIST FIRM -- MUCHMORE HARRINGTON ASSOCIATES, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS multitudes of issues arise before the Governor and the State Legislature which have significant impact on all local units of government within the County of Oakland; and WHEREAS many such issues, debated at the State level, have far reaching consequences for the citizens of Oakland County; and WHEREAS the County Executive has cited a need for increased ability to present Oakland County=s views on vital issues impacting Oakland County residents, and wishes to employ an experienced lobbying firm to provide a more intensive, coordinated and focused legislative program to sufficiently inform Commissioners Minutes Continued. September 24, 1998 390 State government officials of the concerns of Oakland County regarding proposed laws, statutes, public acts, regulations, and executive and administrative orders; and WHEREAS the employment of such a lobbying firm would complement the contract with Larsen and Associates, the lobbying firm which currently represents the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an award of a contract to the firm of Muchmore Harrington Associates, Inc., of Lansing, Michigan, for the purpose of actively representing the interests of Oakland County before the Governor and the State Legislature, including, but not limited to, proposed laws, statutes, public acts, regulations, and executive and administrative orders. BE IT FURTHER RESOLVED that this contract shall be for an amount not to exceed $48,000.00 annually, to be paid in equal monthly amounts of $4,000.00, and that this contract shall terminate on September 30, 2000, unless the parties mutually agree to an earlier termination date. BE IT FURTHER RESOLVED that the County Executive be authorized to execute the above-referenced professional services contract. BE IT FURTHER RESOLVED that a quarterly report be given to the Board of Commissioners' General Government Committee on the lobbying activities of Muchmore Harrington Associates, Inc. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #98213) BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: OPPOSITION TO HOUSE BILL 5980 - ROAD COMMISSION APPOINTMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above-referenced resolution on September 14, 1998, reports with the recommendation that the resolution be adopted with the BE IT FURTHER RESOLVED paragraph amended as follows: BE IT FINALLY RESOLVED that copies of this adopted resolution be forwarded to the Oakland County legislators, the Oakland County legislative lobbyists, the House Committee on Local Government, the Michigan Association of Counties, the Road Commission for Oakland County, the County Road Association of Michigan, and the Michigan Township Association AND ALL 82 MICHIGAN COUNTIES. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #98213 BY: Commissioners Shelley G. Taub, District #12; John P. McCulloch, District #22; Sue Ann Douglas, District #8; Nancy Dingeldey, District #11; Charles E. Palmer, District #16; Donald W. Jensen, District #15; Thomas A. Law, District #13 IN RE: OPPOSITION TO HOUSE BILL 5980 - ROAD COMMISSION APPOINTMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill No. 5980 proposes an amendment that would allow a county Board of Commissioners the option of increasing the number of appointments to the Road Commission from the current level of three (3) members to five (5) members; and WHEREAS House Bill No. 5980 further proposes that if the membership of the Road Commission is increased to five (5) appointed members, then not less than 2 shall be appointed from a list of 3 to 5 residents of the county submitted by the Michigan Townships Association upon the recommendation of the local township officials in that county ; and Commissioners Minutes Continued. September 24, 1998 391 WHEREAS this proposed process would empower a state association to make a determination and recommendation as to who is fit and qualified to serve on a locally appointed board. This is an abhorrent usurpation of local control; and WHEREAS House Bill No. 5980 would establish an injurious precedent that limits the decision making ability of locally elected Boards of Commissioners by transferring their authority to an organization whose actions--unlike those of locally elected officials--cannot be held accountable by local taxpayers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby oppose House Bill No. 5980 as an unwarranted intrusion into the local decision making process and an erosion of the authority of county Boards of Commissioners. BE IT FINALLY RESOLVED that copies of this adopted resolution be forwarded to the Oakland County legislators, the Oakland County legislative lobbyists, the House Committee on Local Government, the Michigan Association of Counties, the Road Commission for Oakland County, the County Road Association of Michigan, and the Michigan Township Association. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, John P. McCulloch, Sue Ann Douglas, Nancy Dingeldey, Charles E. Palmer, Donald W. Jensen, Thomas A. Law, David L. Moffitt, Fran Amos, Robert J. Hoffman 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. Moved by Dingeldey supported by Taub the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: 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, as amended, was adopted. REPORT (Misc. #98198) BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: (SUPPORT) SENATE BILL 649, CIVIL COMMITMENT FOR VIOLENT PREDATORS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above-referenced resolution on September 14, 1998, reports with the recommendation that the resolution be adopted with the addition of a second BE IT FURTHER RESOLVED paragraph to read: BE IT FURTHER RESOLVED that funding for this effort does not come from the Community Mental Health budget but is funded separately by the Department of Corrections. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. September 24, 1998 392 MISCELLANEOUS RESOLUTION #98198 BY: Commissioners Shelley Taub, District #12; Dan Devine, Jr., District #14; Robert J. Hoffman, District #10; Charles E. Palmer, District #16; Fran Amos, District #5; Ruth A. Johnson, District #1 IN RE: (SUPPORT) SENATE BILL 649, CIVIL COMMITMENT FOR VIOLENT PREDATORS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are those within our society who are predisposed to commit violent offenses against others and who, no matter the treatment or punishment, will remain a menace to the health and safety of others; and WHEREAS Senate Bill 649, introduced by Senator Van Regenmorter, seeks to protect society from convicted violent predators who, because of a mental abnormality or personality disorder, continue to be a threat to society, by providing for a review of each individual criminally sentenced for violent offenses prior to their release; and WHEREAS such legislation would amend the Mental Health Code to establish procedures for the civil commitment of individuals determined to be a person likely to engage in habitual predatory acts of violence. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support Senate Bill 649 for the protection of our citizens. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to Oakland County State legislators, Senator Van Regenmorter and the County=s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, Dan Devine, Jr., Robert J. Hoffman, Charles E. Palmer, Fran Amos, Ruth A. Johnson 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. Moved by Dingeldey supported by Taub the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Taub supported by Millard the resolution be amended as follows: MISCELLANEOUS RESOLUTION #98198 BY: Commissioners Shelley Taub, District #12; Dan Devine, Jr., District #14; Robert J. Hoffman, District #10; Charles E. Palmer, District #16; Fran Amos, District #5; Ruth A. Johnson, District #1 IN RE: (SUPPORT) SENATE BILL 649, CIVIL COMMITMENT FOR VIOLENT PREDATORS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are those within our society who are predisposed to commit violent offenses against others and who, no matter the treatment or punishment, will remain a menace to the health and safety of others; and WHEREAS Senate Bill 649, introduced by Senator Van Regenmorter, seeks to protect society from convicted violent predators who, because of a mental abnormality or personality disorder, continue to be a threat to society, by providing IT IS DESIREABLE TO PROVIDE for a review of each individual criminally sentenced for violent offenses prior to their release; and WHEREAS such legislation would amend the Mental Health Code to establish procedures for the civil commitment of individuals determined to be a person likely to engage in habitual predatory acts of violence. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support Senate Bill 649 for the CONCEPT OF CIVIL COMMITMENT FOR VIOLENT PREDATORS FOR protection of our citizens. Commissioners Minutes Continued. September 24, 1998 393 BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to Oakland County State legislators, Senator Van Regenmorter and the County=s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. Discussion followed. Moved by Coleman supported by Taub the resolution be referred back to committee. 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 motion to refer carried. REPORT BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO THE WELL PROTECTION AND EDUCATION POLICY ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on September 14, 1998, recommends nomination of the following individuals for appointment to the Well Protection and Education Policy Advisory Committee: 3 for 3 year terms 1. Robert Haney (Well Driller) 2. Daniel MacLeish (Builder) 3. B. Lee Embrey (Citizen) 3 for 2 year terms 1. Steve McPherson (Well Driller) 2. *Colette Dywasuk (Supervisor of Orion Township) 3. Joseph Maher (Well Driller) 3 for 1 year terms 1. Otho Corsaut (Well Driller) 2. Gary Aho (Drain Commissioner Appointment)(Jim Pistilli, Alternate) 3. Ron Grimes (Health Division representative appointed by County Executive) Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Public Health Code (Excerpts), Definition of Well Drilling Contractor; Miscellaneous Resolution #97293, Adoption and Enforcement of the Drinking Water Supply Program, Article X of the Oakland County Sanitary Code S1; Applications for Oakland County Service and communications from County Executive L. Brooks Patterson and County Drain Commissioner George Kuhn on file in County Clerk=s office. Moved by Dingeldey supported by Jensen the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Johnson the appointments of the following individuals to the Well Protection and Education Policy Advisory Committee be confirmed: 3 for 3 year terms 1. Robert Haney (Well Driller) 2. Daniel MacLeish (Builder) 3. B. Lee Embrey (Citizen) Commissioners Minutes Continued. September 24, 1998 394 3 for 2 year terms 1. Steve McPherson (Well Driller) 2. *Colette Dywasuk (Supervisor of Orion Township) 3. Joseph Maher (Well Driller) 3 for 1 year terms 1. Otho Corsaut (Well Driller) 2. Gary Aho (Drain Commissioner appointment) 3. Ron Grimes (Health Division representative appointed by County Executive) AYES: Huntoon, Jacobs, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert. (23) NAYS: None. (0) A sufficient majority having voted therefor, the appointments to the Well Protection and Education Policy Advisory Committee were confirmed. Commissioners Minutes Continued. September 24, 1998 394 Attachment to Page 394 * SEPTEMBER 24, 1998 MINUTES AMENDED (Action taken at October 15, 1998 Board meeting) REPORT BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO THE WELL PROTECTION AND EDUCATION POLICY ADVISORY COMMITTEE Moved by Taub supported by Jensen the minutes of the September 24, 1998 Board meeting be approved. Moved by Dingeldey supported by Obrecht the minutes of the September 24, 1998 Board meeting be corrected, on pages 393-394, to show Joan Buser, Supervisor of Oakland Township - not Colette Dywasuk, Supervisor of Orion Township, was appointed to the 2 year term on the Well Protection and Education Policy Advisory Committee. A sufficient majority having voted therefor, the motion carried. Vote on approval of minutes: A sufficient majority having voted therefor, the minutes were approved, as corrected. (end action taken at October 15, 1998 Board meeting) Commissioners Minutes Continued. September 24, 1998 394 MISCELLANEOUS RESOLUTION #98221 BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: (OPPOSE) SENATE BILL 1136, AMENDING THE METROPOLITAN COUNCIL ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners is supportive of the arts and other cultural activities, and has shown its support through several methods and programs; and WHEREAS Oakland County is home to many world-renowned cultural and artistic entities which enjoy the full support of their patrons and host communities; and WHEREAS Senate Bill 1136 would enable the creation of Metropolitan Regional Councils which could develop or enhance regional cultural institutions; and WHEREAS the Oakland County Board of Commissioners believes voluntary intergovernmental agreements are a better vehicle to accomplish the intent of Senate Bill 1136; and WHEREAS the Oakland County Board of Commissioners already has the authority to levy the tax for the purpose proposed in Senate Bill 1136; and WHEREAS the Oakland County Board of Commissioners believes Senate Bill 1136 should include proper auditing of institutions receiving funding from the council; and WHEREAS the process of appointments to the Metropolitan Council created under this act does not rest with the Oakland County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby states its opposition to Senate Bill 1136 as it is currently written. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State legislators from Oakland County and to the County=s State legislative liaison. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Dingeldey supported by Douglas the resolution be adopted. AYES: Johnson, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht, Schmid, Taub, Wolf, Amos, Dingeldey, Douglas, Garfield, Hoffman, Huntoon. (16) NAYS: Jacobs, Kaczmar, McPherson, Palmer, Coleman, Gregory, Holbert. (7) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. September 24, 1998 395 MISCELLANEOUS RESOLUTION #98202 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (EXCLUDING COMMUNITY MENTAL HEALTH EMPLOYEES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Employees Union, have been negotiating a contract covering approximately 350 employees; and WHEREAS a 3-year agreement has been reached for the period January 1, 1998 through September 30, 2000; and WHEREAS the agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Oakland County Employees Union, covering the period of January 1, 1998 through September 30, 2000, is approved and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Summary of Tentative Agreement Between Oakland County and the Oakland County Employees Union, and the County of Oakland and Oakland County Employees Union Excluding CMH Employees Collective Bargaining Agreement, 1998-2000, on file in County Clerk=s office. FISCAL NOTE (Misc. #98202) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (EXCLUDING COMMUNITY MENTAL HEALTH EMPLOYEES) 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 County of Oakland and the Oakland County Employees Union have negotiated a 3-year wage agreement for the period January 1, 1998 through September 30, 2000, involving approximately 350 employees. 2. The agreement includes a 3.5% salary increase for 1998 for all classifications represented by the bargaining unit excluding the classifications of Staff Psychiatrist, Office Supervisor I, Technical Assistant, Warrants Clerk, and Public Health Nutritionist III. 3. Also, included is a 5% wage adjustment for Maintenance Mechanic I and a 4% wage adjustment for Maintenance Mechanic II classifications in the Drain Division, effective December 20, 1997 through September 30, 2000. 4. Bonus increase from $500 to $625 for three (3) painter positions. 5. Mileage increase from $.30 to $.325. 6. The contract calls for a Me Too in Fiscal Year 1999 with general non-represented employees to be effective at the same time and in the same manner. 7. The cost of the salary increases and resulting fringe benefit increases covering the period of the contract for GF/GP is $104,300. Costs for salary and fringes for Proprietary funds is $740,029 for the same period. 8. Sufficient revenue and expenditures have been included in the Fiscal Year 1999/2000 Biennial Budget to cover the terms of the proposed contract, no additional appropriation is required. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 396 Moved by Law supported by Kaczmar 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 #98203 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR COMMUNITY MENTAL HEALTH EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (OCEU) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Employees Union, have been negotiating a contract covering approximately 250 Community Mental Health employees; and WHEREAS a 3-year agreement has been reached for the period January 1, 1998 through September 30, 2000; and WHEREAS this agreement will be in effect for Community Mental Health employees represented by this bargaining unit until September 30, 2000, unless Oakland County Community Mental Health obtains authority status prior to said date. Should this occur, the agreement will terminate upon transfer to authority status; and WHEREAS the agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Oakland County Employees Union, covering the period of January 1, 1998 through September 30, 2000, is approved and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Summary of Tentative Agreement Between Oakland County and the Oakland County Employees Union, and the County of Oakland and Oakland County Employees Union (CMH Employees) Collective Bargaining Agreement, 1998-2000, on file in County Clerk=s office. FISCAL NOTE (Misc. #98203) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998 - 2000 LABOR AGREEMENT FOR COMMUNITY MENTAL HEALTH EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (OCEU) 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 approves the contract between the County of Oakland and the Oakland County Employees Union, covering approximately 250 Oakland County Community Mental Health employees. 2. The contract covers the period of January 1, 1998 through September 30, 2000, unless Oakland County Community Mental Health obtains authority status prior to the contract ending date. This contract agreement will terminate upon Oakland County Community Mental Health=s transfer to authority status. 3. Funding for the wage increases that accompany this contract, with amounts to approximately $203,900 annually, have previously been incorporated into the Community Mental Health Budget. 4. Amendments to the Biennial Budget are not necessary at this time. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 397 Moved by Law supported by Gregory 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 #98204 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998 LABOR AGREEMENT FOR COMMUNITY MENTAL HEALTH EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), have been negotiating a contract covering approximately 38 Community Mental Health employees; and WHEREAS an agreement has been reached for the period January 1, 1998 through October 1, 1998; and WHEREAS this agreement will be extended through January 1, 1999 providing that there is no Board of Commissioners resolution to transition Oakland County Community Mental Health to an authority by October 1, 1998; and WHEREAS this agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), covering the period as stated above, is approved and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement, as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Summary of Tentative Agreement Between Oakland County and the United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local 889 - CMH Non-Clerical Non-Supervisory Professionals, and the County of Oakland Community Mental Health and United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (CMH Non-Clinical Non-Supervisory Professionals) Collective Bargaining Unit, 1998, on file in County Clerk=s office. FISCAL NOTE (Misc. #98204) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - 1998 LABOR AGREEMENT FOR COMMUNITY MENTAL HEALTH EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) 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 approves the contract between the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), covering approximately 38 Oakland County Community Mental Health employees. 2. The contract covers the period of January 1, 1998 through October 1, 1998 and will be extended through January 1, 1999 providing that there is not a transition of Community Mental Health from the County of Oakland to an authority prior to that date. 3. Funding for the wage increases that accompany this contract, which amounts to approximately $40,400 annually, have previously been incorporated into the Community Mental Health Budget. 4. Amendments to the Biennial Budget are not necessary at this time. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 398 Moved by Law supported by Kingzett the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98222 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION APPROVING PROJECT PLAN (ALUMINUM BLANKING COMPANY, INC. PROJECT) - CITY OF PONTIAC 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 EDC'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 Pontiac, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; 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 EDC 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 EDC 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 EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the Project Plan for the Aluminum Blanking Company, Inc. Project on file in County Clerk=s office. Moved by Palmer supported by Holbert 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. (23) NAYS: Kaczmar. (1) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Palmer stated that he intended to handle Planning and Building items b, c, and d with one roll call vote. Commissioners Minutes Continued. September 24, 1998 399 MISCELLANEOUS RESOLUTION #98223 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION APPROVING PROJECT PLAN (DETROIT COUNTRY DAY SCHOOL PROJECT) - VILLAGE OF BEVERLY HILLS 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 EDC'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 Village of Beverly Hills, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; 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 EDC 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 EDC 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 EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Project Plan for Detroit Country Day School Project on file in County Clerk=s office. 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 Commissioners Minutes Continued. September 24, 1998 400 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. (action taken at August 6, 1998 Board meeting) 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. (end action taken at August 6, 1998 Board meeting) 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. 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. Commissioners Minutes Continued. September 24, 1998 401 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. (action taken at August 6, 1998 Board meeting) 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. (end action taken at August 6, 1998 Board meeting) Moved by Palmer supported by Law that Planning and Building Committee agenda items b, c* and d* be adopted. Vote on Miscellaneous Resolutions 98223, 98162 and 98177: 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 resolutions were adopted. *The Chairperson stated the adoption of Miscellaneous Resolutions #98162 and #98177 were being reconfirmed due to deficient Public Hearings. MISCELLANEOUS RESOLUTION #98224 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEVELOPMENT AND PLANNING DIVISION - ADOPTION OF A PROPOSAL TO HAVE WOODWARD AVENUE DESIGNATED A HERITAGE ROUTE BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Transportation (MDOT), pursuant to the Heritage Route Act of 1993 (Public Act 69 of 1993), is empowered to designate scenic, recreational and historic highways in the State; and WHEREAS the public highway known as Woodward Avenue, extending from Jefferson Avenue in the City of Detroit in Wayne County northwestward to and around the central business district of the City of Pontiac in Oakland County exhibits exceptional historical, cultural and recreational quality and passes through eleven communities of significant regional importance; and WHEREAS a study has been undertaken by the Counties of Oakland and Wayne which assesses the quality of and documents the character and features of the Woodward Avenue corridor; and WHEREAS it is intended that the study be forwarded to MDOT in order to nominate Woodward Avenue as a heritage route. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners enthusiastically supports the nomination of Woodward Avenue as a heritage route and authorizes including this resolution with the nomination documents. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests and encourages the MDOT to quickly designate Woodward Avenue as a heritage route. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby supports the proposed sub-jurisdictional management plan part of this nomination. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. September 24, 1998 402 Copy of Woodward Avenue Michigan Heritage Route Organization on file in County Clerk=s office. Moved by Palmer supported by Jensen 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. MISCELLANEOUS RESOLUTION #98225 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 1998 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Inland Lake Level Act No. 146 of the Public Acts of 1961, as amended by Act No. 59 of the Public Acts of 1995 (Part 307), the Oakland County Drain Commissioner operates and maintains 35 level control devices/structures and 6 lake augmentation pumps that regulate the legally established water level of 52 lakes located within Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefitting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and WHEREAS Section 30722(4) of said Act No. 59 requires that the Drain Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000.00 annually; and WHEREAS for the year 1998 the Drain Commissioner proposes to assess 27 separate Lake Level Districts the total aggregate amount of $302,154.15 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 12 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring Board of Commissioner authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 1998, for the purpose of operating and maintaining the level of various lakes in Oakland County, the total aggregate amount of $302,154.15, being the sum total of assessments for the said year to be assessed against all of the benefitting properties and government entities comprising the assessment rolls of the 27 separate Lake Level Districts itemized on the listing attached hereto, including 12 assessments in excess of $10,000.00. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1998 Lake Level Assessments for Maintenance and Operation on file in County Clerk=s office. The Chairperson stated that by statute the resolution shall layover for 30 days. The Chairperson also referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98226 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 1998 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and Commissioners Minutes Continued. September 24, 1998 403 WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefitting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage Districts of drains established in accordance with said Chapter 4, for operation, maintenance, cleanout and repair purposes, provided such assessments not exceed $2,500.00 per mile of drain per year, or fraction thereof; and WHEREAS for the year 1998 the Drain Commissioner proposes to assess 29 Drainage Districts the total aggregate amount of $70,813.13 for the maintenance, operation, cleanout and repair of 29 drains, all in accordance with the said $2,500.00 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 1998, for the purpose of operating, maintaining, cleaning out and repairing 29 drains located in Oakland County, the total aggregate amount of $70,813.13, being the sum total of assessments for the said year to be assessed against all of the benefitting properties and government entities comprising the assessment rolls of the 29 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1998 Chapter 4 Drain Assessments for Maintenance and Operations on file in County Clerk=s office. The Chairperson stated that by statute the resolution shall layover for 30 days. The Chairperson also referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98227 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 1998 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as amended, the Michigan Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch and/or enclosed pipe drains at various locations in Oakland and West Bloomfield Townships; and WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the Michigan Drain Code shall be the same as if originally laid out and designated, located, established and constructed by procedures set forth in other sections of the Michigan Drain Code; and WHEREAS the Drain Commissioner incurs costs for the operation and maintenance of these Drains that are recoverable via assessments against the various benefitting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage Districts of Drains established in accordance with said Chapter 18, for operation, maintenance, cleanout and repair purposes, provided such assessments not exceed $2,500.00 per mile of drain per year, or fraction thereof; and WHEREAS for the year 1998 the Drain Commissioner proposes to assess eight Drainage Districts the total aggregate amount of $39,998.75 for the maintenance, operation, cleanout and repair of eight drains, all in accordance with the said $2,500.00 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 1998, for the purpose of operating, maintaining, cleaning out and repairing eight drains located in Oakland County, the total aggregate amount of $39,998.75, being the sum total of assessments for the said year to be assessed against all of the Commissioners Minutes Continued. September 24, 1998 404 benefitting properties and government entities comprising the assessment rolls of the eight Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 1998 Chapter 18 Drain Assessments for Maintenance and Operation and 1998 Drain and Lake Level Assessment Rolls, Detail Summary by Community, on file in County Clerk=s office. The Chairperson stated that by statute the resolution shall layover for 30 days. The Chairperson also referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98228 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY DRAIN COMMISSIONER====S REQUEST TO RELINQUISH COUNTY-OWNED PROPERTY - COMMERCE TOWNSHIP WATER SYSTEM WELL SITE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of a certain piece of property, located in Section 13, Commerce Township, described as Outlot A of Lake Pine Subdivision No. 1, as recorded in Liber 170 of Plats, Pages 1, 2 and 3, Oakland County Records, and certain equipment located thereon; and WHEREAS said property and equipment were acquired as a well house site for the operation and maintenance of a portion of the Commerce Township - Oakland County Water Supply System pursuant to Board of Commissioner=s Miscellaneous Resolution #81230, dated July 23, 1981; and WHEREAS the Quit Claim Deed and Bill of Sale, as recorded in Liber 7960, Pages 53, 54, 55, Oakland County Records, conveying title to the County of Oakland contained Reversionary Clauses whereby the property and equipment would revert back to the Grantor, its successors or assigns should the property cease to be used as a well site for a municipal water system; and WHEREAS due to the construction of the Commerce Township - Detroit Water Supply System and subsequent connection of the Lake Pine Subdivision to said system, it has been determined that the subject property and equipment are in fact no longer required as part of the water system, it is therefore appropriate to return said property to the Grantor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the conveyance of the described property, by Quit Claim Deed and Bill of Sale, to the Grantor, its successors or assigns, pursuant to and subject to the terms contained in the original deed and Bill of Sale. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute the Quit Claim Deed and Bill of Sale. 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 Dingeldey 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. FISCAL REPORT (Misc. #98229) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE THE BUILDING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on September 17, 1998, reports with a recommendation that the resolution be adopted. Commissioners Minutes Continued. September 24, 1998 405 Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #98229 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE THE BUILDING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), preliminary plans to remodel, construct, equip and furnish a building, parking lot and appurtenances (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of October 1, 1998 (the "Lease Contract"), pursuant to which the Authority will construct, furnish, and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than 25 years and that the total cost of equipping the Project (as defined in the Lease Contract) in an amount not to exceed $5,100,000 of which not to exceed $5,100,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and WHEREAS the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; and WHEREAS it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: 1. The preliminary plans and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one quarter page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. Commissioners Minutes Continued. September 24, 1998 406 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. 9. The County Treasurer or Bond Counsel or either of them, are authorized to execute and submit the Notice of Intent Forms required by the State of Michigan, Department of Treasury ("Treasury") to pay the related fee, to request an order providing an exception from prior approval from the Treasury, and to execute and deliver such other documents as may be requested by the Treasury. 10. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. 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 the County Clerk=s office. Moved by Palmer supported by Garfield the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Law, McCulloch, McPherson. (22) NAYS: Hoffman, Kingzett. (2) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98230 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - ESTABLISHMENT OF TASK FORCE TO DETERMINE WHETHER OAKLAND COUNTY SHOULD APPLY FOR COVERAGE UNDER THE MICHIGAN WATERSHED BASED STORM WATER GENERAL PERMIT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since October 1995, the Drain Commissioner=s office has been a participant on a task force established by Federal District Court Judge John Feikens to address the short and long term water quality efforts of the communities located in the Rouge River watershed to improve the water quality of the Rouge River; and WHEREAS in 1996 the Drain Commissioner=s office introduced to Oakland County cities, townships and villages (CTVs) located in the Rouge Watershed, the subwatershed approach concept for addressing and improving the water quality of the Rouge River; and WHEREAS under this approach, the regulatory agencies, Environmental Protection Agency/Michigan Department of Environmental Quality (EPA/MDEQ), would issue a general storm water permit to various subwatersheds of the Rouge River, for projects the communities located in the watershed decide to voluntarily undertake and pay to improve the river; and WHEREAS in September, 1997 the Federal Court indicated its concern and impatience as to the progress towards improving the river and proposed to issue an Order to Show Cause against the Counties of Wayne, Oakland and Washtenaw Commissioners Minutes Continued. September 24, 1998 407 and the CTVs in the Rouge Watershed, which among other things, would address why a "formal organization" or watershed-wide authority should not be established to address non-point source pollution problems within the Rouge Watershed; and WHEREAS the Federal Court has held the proposed Order to Show Cause in abeyance until January, 1999 while the Counties of Oakland, Wayne and Washtenaw and CTVs located in the Rouge Watershed contemplate coverage under the Michigan=s general storm water permit ; and WHEREAS the subwatershed approach for addressing non-point pollution contained in the general storm water permit offers a viable alternative to the court's proposed watershed-wide authority and provides strong local control of management decisions; and WHEREAS the Rouge River National Demonstration Project will provide technical assistance a Federal grants (up to 50% of the cost) for those communities that choose to apply for coverage now with an opportunity to implement the most cost effective approaches to meeting pollution abatement objectives; and WHEREAS the general storm water permit approach offers the County the opportunity to establish its own priorities, propose their own schedules and integrate storm water management practices and would allow the County and CTVs to develop a plan of action that best meets the needs of the watershed; and WHEREAS the prudent use of tax dollars requires that before County determines whether to seek coverage and participate in the Michigan Watershed Based Storm Water General Permit program, that elected officials and departments identify resources that currently exist or activities currently underway that would satisfy the conditions of the permit; determine costs associated with carrying out the conditions of the permit; determine availability of Federal grants; determine the feasibility of coordinating various County departments or agencies to carry out the conditions of the permit; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establish a Storm Water Management Task Force consisting of: Drain Commissioner or his designee Director of the Department of Human Services (or designee) Director of the Department of Facilities, Maintenance and Operations (or designee) Director of the Department of Community and Economic Development (or designee) Director of the Department of Management and Budget (or designee) Chairperson of Park and Recreation Commission (or designee) Member of Board of Commissioners= Planning and Building Committee Member of Board of Commissioners= Finance Committee Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Wolf the resolution be adopted. Moved by Palmer supported by Wolf the resolution be amended in the title by striking the words TASK FORCE and inserting the words STUDY GROUP , and further, to amend in the NOW THEREFORE BE IT RESOLVED paragraph by striking the words Task Force and inserting the words Study Group . A sufficient majority having voted therefor, the amendment carried. Moved by Kaczmar supported by Palmer the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph to add as appointed by the Board Chairperson after Member of Board of Commissioners= Planning and Building Committee and Member of Board of Commissioners= Finance Committee. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard. (24) NAYS: None. (0) Commissioners Minutes Continued. September 24, 1998 408 A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #98231 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/STORM WATER MANAGEMENT PROJECT - ILLICIT CONNECTION PROGRAM; $200,000 GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drain Commissioner proposes to conduct an intensive illicit connection program on the County=s storm water system within the Oakland County portion of the Rouge River Watershed; and WHEREAS the County of Wayne through the Rouge River National Demonstration Project has offered technical assistance and Federal grants (up to 50% of the cost) to governmental entities for addressing and improving the water quality of the Rouge River; and WHEREAS Oakland County Drain Commissioner has applied for a $200,000 Federal grant from the County of Wayne; and WHEREAS the purpose of the grant is to enable the County and local units of government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution; and WHEREAS that acceptance of the Federal grant would require a County match of 50% which may include in kind services ; and WHEREAS the required County match will be charged to the maintenance funds from the respective County drains; and WHEREAS no additional County personnel are required; and WHEREAS the United States Environmental Protection Agency (USEPA ) has established Grant Conditions and Regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of this reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive=s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $200,000 for the Oakland County Illicit Connection Program with a County match of $200,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Rouge River National Wet Weather Demonstration Project, Rouge River Storm Water Projects Grant Agreement on file in County Clerk=s office. FISCAL NOTE (Misc. #98231) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER/STORM WATER MANAGEMENT PROJECT - ILLICIT CONNECTION PROGRAM; $200,000 GRANT APPLICATION/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: 1. The Oakland County Drain Commissioner has applied to Wayne County for funding from the Rouge River National Wet Weather Demonstration Project, Rouge River Storm Water Project Grant. 2. Total project cost is $400,000 of which $200,000 is County match, which will be charged to the maintenance funds from the respective County Drains. Commissioners Minutes Continued. September 24, 1998 409 3. This fiscal note proposes to amend the General Fund, Drain Administration budget, as follows: General Fund #101 FY1999 1-61-111001-XXXXX-0113 Federal Grant Revenue $200,000 2-61-211001-XXXXX-2560 Consulting Expense $200,000 Total $ 0 FINANCE COMMITTEE Moved by Palmer supported by McCulloch the resolution be adopted. 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 was adopted. MISCELLANEOUS RESOLUTION #98232 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES/PRINTING - CREATION OF ONE (1) PRINTING EQUIPMENT OPERATOR II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Support Services reports that the workload of the Printing Unit has increased substantially; and WHEREAS the number of rush jobs that need to be completed the same day as received is on the increase; and WHEREAS the number of printing machines is increasing to allow Printing the ability to produce more impressions per day; and WHEREAS Printing is in the process of leasing new digital copy machines networked to the County computer system, which will further increase the workload of the unit; and WHEREAS the Printing Unit has not received a Printing Equipment Operator position for the past 10 years; and WHEREAS the Printing Unit has requested the creation of a Printing Equipment Operator II position; and WHEREAS the Support Services Division has sufficient funds in their Printing Fund Balance to cover the cost of this position. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) full-time Proprietary funded Printing Equipment Operator II position in the Support Services Division/Printing Unit. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98233 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF====S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND 1996-1998 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Highland Township has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the Township (Miscellaneous Resolution #95316); and WHEREAS paragraph 23 on this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Highland Township Board; and WHEREAS Highland Township has approved a proposed amendment to the contract (Schedule A - Sheriff=s Deputies Contracted) which would add one (1) Deputy II (no-fill) resulting in a total of one (1) Deputy II (no-fill) being contracted and bring the total number of contracted positions to sixteen (16); and Commissioners Minutes Continued. September 24, 1998 410 WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) contract for Highland Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff=s Department 1996-1998 Law Enforcement Services Agreement with the Charter Township of Highland to add one (1) Deputy II (no-fill). BE IT FURTHER RESOLVED one (1) Deputy II position be created in the Contracted Patrol Unit, Protective Services Division, of the Sheriff=s Department. BE IT FURTHER RESOLVED that one (1) marked vehicle with a Mobile Data Terminal (MDT) and both mobile and prep radios be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on October 17, 1998. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A on file in County Clerk=s office. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98234 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF====S DEPARTMENT - DISPOSAL OF HELD PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff of Oakland County, by letter of August 11, 1998, has requested authority from this Board to dispose of recovered and stolen property which has been unclaimed for six months or more after recovery, such authority being necessary pursuant to the provisions of Act 54 of the Public Act of 1959, as amended; said recovered and stolen property to be disposed of by manner of public auction to be held, Saturday, October 10, 1998. NOW THEREFORE BE IT RESOLVED that authority to dispose of such unclaimed property be and the same is hereby granted to the Sheriff of Oakland County, such unclaimed property to be disposed of in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of attachments on file in County Clerk=s office. Moved by Moffitt supported by Hoffman the resolution be adopted. AYES: Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #98235) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY - GRAND JURY CONTINUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-titled resolution on September 17, 1998, reports with the recommendation that the resolution be Commissioners Minutes Continued. September 24, 1998 411 adopted with the fifth WHEREAS struck and the NOW THEREFORE BE IT RESOLVED paragraph amended to read: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes RECOMMENDS the continuation of the Citizens' Grand Jury and authorizes the transfer of $75,000 to defray operating expenses for such purpose ITS CONTINUATION. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #98235 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: PROSECUTING ATTORNEY - GRAND JURY CONTINUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #98032 recognized the establishment of a Citizens= Grand Jury as petitioned by the Oakland County Office of the Prosecuting Attorney, and authorized by the Oakland County Circuit Court; and WHEREAS this 17-member Citizens= Grand Jury which began on April 7, 1998, in accordance with MCL 767.9 for a six-month term with an option to extend the term an additional six months; and WHEREAS the Office of the Prosecuting Attorney is exercising the six-month extension option in order to continue the investigations of unsolved murders, the illegal possession, distribution, manufacture, and/or delivery of controlled substances, and conspiracies or attempts to commit these offenses; and WHEREAS the Office of the Prosecuting Attorney shall be responsible for monitoring all costs associated with the extension of the Citizens= Grand Jury; and WHEREAS a $75,000 budget appropriation is needed to cover continuing operating expenses for Grand Jury as estimated by the Prosecuting Attorney. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes the continuation of the Citizens= Grand Jury and authorizes the transfer of $75,000 to defray operating expenses for such purpose. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #98235) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY - GRAND JURY CONTINUATION 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. Miscellaneous Resolution #98032 recognized the establishment of a Citizens= Grand Jury as petitioned by the Oakland County Office of the Prosecuting Attorney, and authorized by the Oakland County Circuit Court. 2. This 17-member Citizens= Grand Jury began on April 7, 1998, in accordance with MCL 767.9 for a six-month term with an option to extend the term an additional six months. 3. The Office of the Prosecuting Attorney is exercising the six-month extension option in order to continue the investigations of unsolved murders, the illegal possession, distribution, manufacture, and/or delivery of controlled substances, and conspiracies or attempts to commit these offenses. 4. The Office of the Prosecuting Attorney shall be responsible for monitoring all costs associated with the extension of the Citizens= Grand Jury. 5. No additional appropriation is recommended at this time. 6. The remaining balance in the Grand Jury account from Fiscal Year 1998 will be carried forward to Fiscal Year 1999 in the Year End Resolution. 7. Should any additional monies be required for continuation of the Grand Jury, quarterly adjustments will be made in Fiscal Year 1999. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 412 Moved by Moffitt supported by Huntoon the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Huntoon the resolution be adopted. Moved by Moffitt supported by Huntoon 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: Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #98236) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF====S DEPARTMENT AND PROSECUTING ATTORNEY - 1998/1999 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on September 16, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #98236 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF=S DEPARTMENT AND PROSECUTING ATTORNEY - 1998/1999 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County submitted a grant application for the Oakland County Narcotics Enforcement Team (NET) for the Bryne Memorial Formula Grant and Governor's Discretionary Funds totaling $538,500 (Federal, $269,750; State NET Funds, $78,155; County Portion, $191,595); and WHEREAS this grant will be used to continue the Oakland County=s Narcotics Task Force Program, which investigates and prosecutes large-scale drug conspiracies operating in Oakland County, as originally authorized under the Anti-Drug Abuse Act (ADAA) of 1988; and WHEREAS Oakland County has been awarded a grant totaling $432,160 (Federal, $216,080 (50%); State NET Funds, $54,572 (12.6%); and County portion, $161,508 (37.4%)) for the grant period covering October 1, 1998 through September 30, 1998; and WHEREAS this award is a -19.9% variance from the original grant application; and WHEREAS this grant award also represents a decrease of $56,112 from last years award of $488,272 (Federal, $244,126; State NET Funds, $69,127; County portion, $175,009); and WHEREAS the total grant award provides funding for one (1) Assistant Prosecutor IV, two (2) Assistant Prosecutor III, and one (1) Clerk I position which is a decrease of one (1) Assistant Prosecutor III position; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the required County match of $161,508 is available in the Prosecuting Attorney=s Grant Match line item in the 1999 Recommended Budget. Commissioners Minutes Continued. September 24, 1998 413 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 1998/1999 Narcotics Enforcement Team Grant in the amount of $432,160 (Federal, $216,080 (50%); State NET Funds, $54,572 (12.6%); County match, $161,508 (37.4%)) as detailed in the attached schedule. BE IT FURTHER RESOLVED that one (1) special revenue funded Assistant Prosecutor III position (#4120107113) be deleted effective September 30, 1998. BE IT FURTHER RESOLVED that continuation of the grant positions is dependent on future funding availability. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of the Office of the Prosecuting Attorney, Oakland County Narcotics Task Force Grant - 1998/1999 Application Compared to 1998/1999 Award on file in County Clerk=s office. FISCAL NOTE (Misc. #98236) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF=S DEPARTMENT AND PROSECUTING ATTORNEY - 1998/1999 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT 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: 1. Oakland County submitted a grant application for the Oakland County Narcotics Enforcement Team (NET) for the Bryne Memorial Formula Grant and Governor's Discretionary Funds totaling $538,500 (Federal, $269,750; State NET Funds, $78,155; County Portion, $191,595). 2. The grant continues the Oakland County=s Narcotics Task Force Program, which investigates and prosecutes large-scale drug conspiracies operating in Oakland County. 3. Oakland County has been awarded a grant totaling $432,160 (Federal, $216,080 (50%); State NET Funds, $54,572 (12.6%); and County portion, $161,508 (37.4%)) for the grant period covering October 1, 1998 through September 30, 1999. 4. This award is a -19.9% variance from the grant application and is a decrease of $56,112 from last years award. 5. The grant award provides funding for one (1) Assistant Prosecutor IV, two (2) Assistant Prosecutor III, and one (1) Clerk I position which is a decrease of one (1) Assistant Prosecutor III position which will be deleted effective September 30, 1998. 6. The required County match of $161,508 is available in the Prosecuting Attorney=s Grant Match line item in the 1999 Recommended Budget. 7. The Fiscal Year 1999 Special Revenue budget be amended, per the attached schedule, to recognize the new award. 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 Millard the resolution be adopted. AYES: Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. September 24, 1998 414 REPORT (Misc. #98237) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PROSECUTING ATTORNEY/LITIGATION/NARCOTICS TASK FORCE - CREATION OF ONE (1) GF/GP ASSISTANT PROSECUTOR II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on September 16, 1998, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #98237 BY: Public Services Committee, David Moffitt, Chairperson IN RE: PROSECUTING ATTORNEY/LITIGATION/NARCOTICS TASK FORCE - CREATION OF ONE (1) GF/GP ASSISTANT PROSECUTOR II POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Assistant Prosecutors of the Narcotic Task Force Unit are responsible for the vertical prosecution of mid and upper level narcotics traffickers and individuals with significant backgrounds in narcotics related criminal activity; and WHEREAS for the last eleven years, the Narcotics Task Force Unit has been partially grant funded, with approximately 64% of personnel and operating costs paid from Federal and State revenues, and the remainder paid from County match; and WHEREAS the Prosecuting Attorney=s grant application for 1998/1999 requested funding to continue program activities at the current level. However, the State has responded that a reduced amount, sufficient to fund only three of the current four Assistant Prosecutor positions will be provided; and WHEREAS the Prosecuting Attorney has reviewed the unit=s current caseload responsibilities and has determined it critical to successful prosecutions and related forfeitures to request the creation of one (1) GF/GP funded Assistant Prosecutor II to replace the Assistant Prosecutor III position which will no longer be provided by the grant. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) GF/GP position of Assistant Prosecutor II in the Narcotics Task Force Unit of the Prosecuting Attorney/Litigation Division. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #98237) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY/LITIGATION/NARCOTICS TASK FORCE - CREATION OF ONE (1) GF/GP ASSISTANT PROSECUTOR II POSITION 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 Prosecuting Attorney=s Narcotic Task Force Unit is responsible for the vertical prosecution of mid and upper level narcotic=s traffickers and individuals with significant backgrounds in narcotics related criminal activity. 2. Approximately 64% of the Narcotics Task Force=s funding is from Federal and State sources. The balance is from the County. 3. Prosecuting Attorney=s application for 1998/1999 Oakland County Narcotics Enforcement Team (NET) Grant requested funding to continue operations at the current level which included one (1) Assistant Prosecutor IV, three (3) Assistant Prosecutor III, and one (1) Clerk I position. 4. The grant award was less than the application and, as a result, requires deletion of one (1) Prosecuting Attorney III position on September 30, 1998. Commissioners Minutes Continued. September 24, 1998 415 5. The Prosecuting Attorney requests the creation of one (1) GF/GP funded Assistant Prosecutor II position to replace the deleted position. 6. The total cost of the position is $69,223, of which $49,902 is for salaries and $19,321 for fringe benefits. 7. Funding is available in the Contingency Account and the Fiscal Year 1999 Recommended Budget will be amended as follows: 90 290000 25000 2564 Contingency $(55,722) 41 211000 10000 2872 Grant Match $(13,501) $(69,223) 41 221000 10000 2001 Salaries $ 49,902 41 221000 10000 2075 Fringe Benefits 19,321 $ 69,223 $ 0 FINANCE COMMITTEE Moved by Moffitt supported by Gregory the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Gregory the resolution be adopted. AYES: Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #98238 BY: Public Services Committee, David Moffitt, Chairperson IN RE: COMMUNITY MENTAL HEALTH - ACCEPTANCE OF EARLY ON GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the caseloads of our Infant Mental Health Clinicians are quite high; and WHEREAS Early On has offered a grant of $20,000 to be used to serve more families; and WHEREAS we could contract for these services through a professional services contract; and WHEREAS on 8/20/98, the Oakland County Community Mental Health Services Board approved resolution #1439808f regarding this Early On Grant. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acceptance of this Early On Grant. BE IT FURTHER RESOLVED that Oakland County Community Mental Health Services accepts the grant of $20,000 from Early On for Fiscal Year 1998/1999. BE IT FURTHER RESOLVED that Oakland County Community Mental Health contract for these services through a professional services contract. BE IT FURTHER RESOLVED that the following budget amendments are approved. July 1, 1998 through September 30, 1999 Revenue 1-55-30104-64100-0171 $20,000 Expenditures 2-55-30131-64100-2516 $20,000 Total $ 0 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 24, 1998 416 MISCELLANEOUS RESOLUTION #98239 BY: Public Services Committee, David Moffitt, Chairperson IN RE: COMMUNITY MENTAL HEALTH - RESOLUTION TO APPROVE THE SEPARATE LEGAL COUNSEL RECOMMENDATIONS FOR THE COMMUNITY MENTAL HEALTH BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Community Mental Health Services Board is currently in the process of planning for the possibility of becoming a Community Mental Health Authority (Authority ); and WHEREAS the operation of a Community Mental Health Authority by the Oakland County Community Mental Health Authority Board would require special legal advice regarding: leases, service agreements with the County of Oakland, labor and employment issues, the Michigan Mental Health Code, issues related to the Community Mental Health Board=s transition to a Managed Care environment, as well as issues related to the operation of a public body that has separated from the County; and WHEREAS the Oakland County Board of Commissioners authorized, in Miscellaneous Resolution #98095, the Oakland County Community Mental Health Services Board to issue Request for Proposals (RFP) to secure legal services; and WHEREAS the Oakland County Community Mental Health Services Board approved the appointment of a Proposal Review Committee to select qualified vendors to provide appropriate legal services when the need for specialized legal services arise; and WHEREAS a competitive proposal bid process was conducted with the preparation of a Request for Proposals for Contractual Legal Services; and WHEREAS legal services to be purchased and upon which bids were received as requested in the RFP designated areas of legal specialization as: Administrative Law (Real Estate Law, Municipal Law, and Negotiating Agreements between Governmental Entities, including Leases and Service Agreements); Labor Law (Labor Contracts, Labor Negotiations, and Labor Related Matters); and Issues Related to Providing Mental Health Services in a Managed Care Environment, in conjunction with the Michigan Mental Health Code; and WHEREAS the Review Committee for these programs has met and reviewed submitted proposals by twenty-two (22) vendors, conducted oral interviews as necessary to determine proposal scores, and made recommendations to the Community Mental Health Board; and WHEREAS each proposal was scored based on the evaluation criteria in the RFP for each area of legal specialization with the following points: Content of Proposal--30 points; Experience and Expertise--50 points; Proposed Hourly Rate-- 20; and WHEREAS considerations used by the Review Committee to determine contract award recommendations included: knowledge of providing mental health services for residents of the County of Oakland, experience in accomplishing the tasks involved for a transition to an Authority status, knowledge of the Michigan Mental Health Code and the current Managed Care environment in the State of Michigan, a knowledge of labor contracts and labor related issues, experience negotiating agreements with governmental entities, and the commitment to be available to the Oakland County Community Mental Health Services Board and Administration Staff Members by telephone and/or in person, for consultation regarding legal issues, concerns, and questions; and WHEREAS the Oakland County Community Mental Health Services Board has accepted the recommendations of the Legal Services Review Committee and requests approval to enter into a contract with Cummings, McClorey, Davis and Acho, P.C. at this time. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Community Mental Health Services Board to enter into contracts for transitional legal services to be effective upon the Board of Commissioner=s adoption of a Oakland County Community Mental Health Authority Transition Plan. BE IT FURTHER RESOLVED that until such time as the Oakland County Community Mental Health Authority is actually created and operational, the Oakland County Corporation Counsel shall continue, in all respects, to act as the attorney for the Oakland County Community Mental Health Services Board as long as the Oakland County Community Mental Health Services Board shall remain an official Agency of the County and shall be the final legal authority in the representation Commissioners Minutes Continued. September 24, 1998 417 of any County interest and in the event there should be any conflict of opinion or with any Oakland County Community Mental Health Services Board contracted attorney or law firm. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Moved by Moffitt supported by Palmer the resolution be adopted. Moved by Moffitt supported by Palmer the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by inserting the words with Cummings, McClorey, Davis and Acho, P.C. after for transitional legal services . A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: 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 resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #98240 BY: Public Services Committee, David Moffitt, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - PROFESSIONAL SERVICES CONTRACT (NOT TO EXCEED $25,000) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 1998/1999 State fiscal boilerplate language was changed to exclude jail reimbursement for the housing of habitual offenders; and WHEREAS the jail reimbursement program generated $5.5 million in revenue to Oakland County for calendar 1997; and WHEREAS the exact impact of this new language has not yet been determined, the Community Corrections Division in conjunction with Fiscal Services is interested in studying the impact to more accurately project fiscal impact for the coming year; and WHEREAS the legislature is willing to review local data in an effort to remain cost neutral to counties for jail reimbursement who have housed offenders locally. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners provide an amount not to exceed $25,000 from the Contingency Fund for the purpose of this study. BE IT FURTHER RESOLVED that the Community Corrections Division be authorized to develop a professional services contract for the purposes of securing a private consultant knowledgeable in such matters. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc #98240) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - PROFESSIONAL SERVICES CONTRACT (NOT TO EXCEED $25,000) 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. Changes in the State law regarding reimbursement for habitual offenders and changes in sentencing guidelines may adversely impact Oakland County. Commissioners Minutes Continued. September 24, 1998 418 2. In order to quantify the magnitude of this impact, the Community Corrections Division proposes to contract with a consultant to analyze the legislation. 3. The anticipated amount of the contract equals $25,000. 4. Funds are available in the Fiscal Year 1998 Contingency Account to cover the cost of the consultant contract, the following amendment to the Fiscal Year 1998 Budget is recommended: 90-290000-25000-2564 Contingency $(25,000) 17-403200-97000-3348 Comm. Corr. Prof. Svs. 25,000 $ 0 5. Should any of this appropriation be unspent during Fiscal Year 1998, that unspent amount will be carried forward to Fiscal Year 1999 as part of the Fiscal Year 1998 Year End Resolution. FINANCE COMMITTEE Moved by Moffitt supported by Huntoon 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 #98241 BY: Strategic Planning Committee, Ruth A. Johnson, Vice Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER - ESTABLISHMENT OF ENHANCED ACCESS FEE STRUCTURE FOR MORTGAGE APPLICATION ACCELERATION PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1966 - Enhanced Access to Public Records Act, the Board of Commissioners, by approving Miscellaneous Resolution #97165 on August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS Section 3 (FEES) of the aforementioned policy specifies that It is the policy of Oakland County to charge a reasonable fee for providing enhanced access to a public record.; and WHEREAS the policy defines reasonable fee as a charge calculated to enable recovery, over time, only those operating expenses directly related to the public body=s provision of enhanced access; and WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the Board of Commissioners before they shall be effective; and WHEREAS the Department of Information Technology/Digital Information Service Center has successfully implemented the Mortgage Application Acceleration Program (MAAP) for initial use by lending institutions in order to minimize time and expense (currently six weeks to three months and $250 to $400 to obtain a fee appraisal) associated with the mortgage approval process; and WHEREAS although the County has incurred considerable expense to develop the data warehouse infrastructure (over $2 million) necessary to implement the MAAP Program and additional expense has been incurred by local units in providing the base line data, discussions with the target market lending institutions indicate that $50.00 per individual access constitutes a reasonable fee for the estimated 4,000 annual transactions; and WHEREAS Miscellaneous Resolution #97165 further specifies that, ... before the County makes available on its Enhanced Access Program any cities, villages and townships= data, that the County obtain written permission from that city, village and township to do so ; and WHEREAS in recognition of the partnership between the County and local units necessary for the successful implementation of Enhanced Access, the County proposes to share fifteen (15%) percent of gross revenues emanating from the MAAP Program with those local units that provide written permission to share their assessing information on file in the County=s data warehouse; and WHEREAS the County Executive recommends adoption of this resolution. Commissioners Minutes Continued. September 24, 1998 419 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the establishment of Enhanced Access Fee Structure of $50.00 per transaction for the Mortgage Application Acceleration Program (MAAP) administered by the Digital Information Service Center of the Department of Information Technology. BE IT FURTHER RESOLVED that all revenue generated from this endeavor be initially credited to the Information Technology Fund and, subsequently, fifteen (15%) percent of said revenue be paid to those participating local units of government in which the property is located and have provided written permission to share their assessing information on file in the County=s data warehouse. Chairperson, on behalf of the Strategic Planning Committee, I move adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #98242 BY: Strategic Planning Committee, Ruth A. Johnson, Vice Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - ENHANCEMENT OF THE COUNTY====S ASSESSING, EQUALIZATION, AND TAX BILLING AND COLLECTION SYSTEMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #97243, authorized the development of a strategic plan for modernizing the County=s Assessing, Equalization, and Tax Billing and Collection Systems; and WHEREAS out of 51 local governmental assessing units, these systems and the related land file data base, presently support 22 cities and townships directly in the assessing function (as the County is the assessor for these cities and townships under contract) and 18 other governmental assessing units through their use of the County=s appraisal, land file and related records for their independent assessing needs and, indirectly, for most of the remaining cities and townships in the County via access to the County=s land files; and WHEREAS the Department of Information Technology has held several Joint Application and Design (JAD) sessions with the participation of local treasurers and assessors for the purposes of identifying priority enhancements to the existing systems, as well as system upgrades, including the following: - Provide laser tax bills with improved functionality, - Allow current and prior year Tax Administration processing, - Upgrade Tax Receivables System, - Improve TIFA, DDA and Abatement processing/reporting, - Enhance system and application security, - Integrate with Register of Deeds Cash Receipting, Indexing and Imaging System, - Design/Construct/Implement OPAL screens for all applications, - Design/Construct/Implement Third Party Integration, - Provide Multi-Year Special Assessment System; and WHEREAS estimated costs associated with the accomplishment of the aforementioned enhancements amount to 6,500 hours at $85.00/hour or $552,500; and WHEREAS operational improvements resulting from implementation of the subject enhancements will accrue primarily to local units of government throughout Oakland County; and WHEREAS implementation will also serve to build the electronic infrastructure necessary to launch the County=s Enhanced Access Project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the implementation of the proposed enhancements to the County=s Assessing, Equalization, and Tax Billing and Collection Systems as outlined in this resolution at a cost not to exceed $552,500. Chairperson, on behalf of the Strategic Planning Committee, I move adoption of the foregoing resolution. STRATEGIC PLANNING COMMITTEE Copies of attachments on file in County Clerk=s office. Commissioners Minutes Continued. September 24, 1998 420 The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #97175) BY: Audit Committee, Shelley G. Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Audit Committee has reviewed with our County auditors the above- referenced resolution, which was introduced on August 14, 1997, and subsequently amended and adopted on February 12, 1998. It is the committee=s recommendation that a performance audit not be conducted at this time on either the entire Community Mental Health operation or on any specific component of the mental health program in view of the October 1, 1998, transition to managed care, as well as the January 1, 1999, proposed transition to an authority. During the proposed transition, the business practices, payroll and billing processes, accounting and fiscal management procedures, etc., will change and the uncertainty of future business practices and relating policies and procedures would make the results of a performance audit irrelevant. Chairperson, on behalf of the Audit Committee, I move the acceptance of the foregoing report. AUDIT COMMITTEE REPORT (Misc. #97175) BY: Finance Committee, Sue Douglas, Chairperson IN RE: COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Finance Committee having reviewed Miscellaneous Resolution #97175, reports with the recommendation that the resolution be adopted with the following amendments: A. Add the following as the final WHEREAS paragraph: WHEREAS, prior to seeking such an audit, it would be appropriate to have the County=s internal Auditors and the Audit Committee review the information which is currently available from various sources. B. Replace the RESOLVE paragraphs with: NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners directs the following: 1. The Board of Commissioners Audit Committee and the County=s internal Auditors review the current information available from various sources such as TAC, CARF and other certifying agencies, internal reviews, State reports and any other ad hoc or task force reports, to determine whether they deem an additional performance audit is necessary, and simultaneously conduct an in-depth review of the culmination of findings of these reports. 2. The Community Mental Health administration make the most current financial audit available to the County Auditors and the Audit Committee. BE IT FURTHER RESOLVED that the recommendation of the findings from this internal review be shared with both the Oakland County Board of Commissioners and the Community Mental Health Board by May 30, 1998, and that such findings shall include a recommendation as to whether a further internal or outside audit should be conducted on the entire Community Mental Health operation or on any specific components of the Mental Health program. Chairperson, we move the acceptance of the foregoing report. FINANCE COMMITTEE Commissioners Minutes Continued. September 24, 1998 421 REPORT (Misc. #97175) BY: Public Services Committee, Shelley G. Taub, Chairperson IN RE: COMMUNITY MENTAL HEALTH - REQUEST THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #97175, on September 16, 1997, reports with the recommendation that the resolution and amendment introduced by Commissioner Moffitt be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #97175 BY: Commissioners Fran Amos, John Garfield, JoAnne Holbert and Charles Palmer IN RE: COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Mental Health Board is charged by the law of the State of Michigan with the oversight and delivery of mental health services to the most severely handicapped citizens of need in our community; and WHEREAS over the past several months concerns have been raised over the delivery of mental health services; and WHEREAS this concern on the part of some vendors, employees, elected officials, our citizens and most importantly our consumers cannot be ignored; and WHEREAS in response to these concerns the Community Mental Health Board has requested the conduction of an outside Performance Audit. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that an outside objective performance audit be conducted to assist in identifying and resolving any outstanding issues in a professional and open manner. BE IT FURTHER RESOLVED that we request that this audit be completed as soon as possible, but not later than the end of the contract period for the Director of the Community Mental Health Board which ends August 13, 1998. BE IT FURTHER RESOLVED that copies of the findings from this Performance Audit be shared with both the Oakland County Board of Commissioners and the Community Mental Health Board. Chairperson, we move the adoption of the foregoing resolution. Fran Amos, John Garfield, JoAnne Holbert, Charles Palmer (Action taken at August 14, 1997 Board meeting) The Chairperson stated that Commissioner Moffitt=s amendment be included and become part of Resolution #97175. BY: David L. Moffitt, District #18 AMENDMENT TO: Miscellaneous Resolution #97175 COMMUNITY MENTAL HEALTH BOARD REQUEST THAT THE OAKLAND COUNTY BOARD OF COMMISSIONERS PROVIDE AN OUTSIDE PERFORMANCE AUDIT OF COMMUNITY MENTAL HEALTH Amend the NOW THEREFORE BE IT RESOLVED paragraph after objective performance audit by inserting .....with criteria, objectives, and an RFP as specified by the Board of Commissioners..... Add a new first BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the Audit Committee of the Oakland County Board of Commissioners prepare proposed objectives and criteria to be incorporated into the RFP for said performance audit. David L. Moffitt Commissioner, District #18 The Chairperson referred the resolution to the Public Services Committee. There were no objections. (End of action taken at August 14, 1997 Board meeting) (Action taken at the September 25, 1997 Board meeting) Moved by Taub supported by Coleman the Public Services Committee Report be accepted. Commissioners Minutes Continued. September 24, 1998 422 A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Coleman the resolution be adopted. Moved by Moffitt supported by Taub the resolution be amended to coincide with the recommendation in the Public Services Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Pernick supported by Coleman the resolution be referred to the Finance and Personnel Committee. A sufficient majority having voted therefor, the motion carried and the resolution, as amended, was referred to the Finance and Personnel Committee. (End of action taken at September 25, 1997 Board meeting) (Action taken at February 12, 1998 Board meeting) Moved by Moffitt supported by Amos the Finance Committee and the Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Moffitt supported by Douglas 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: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Douglas, Fracassi, Garfield, Holbert, Huntoon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. (end of action taken at February 12, 1998 Board meeting) (Action taken at September 24, 1998 Board meeting) Moved by Taub supported by Amos the Audit Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. MISCELLANEOUS RESOLUTION #98243 BY: Commissioners Jeff Kingzett, District #7; Vincent Gregory, District #20; John Garfield, District #9; Eric Coleman, District #21 IN RE: PERSONNEL DEPARTMENT - CHANGE IN MERIT RULE 12, RE-EMPLOYMENT AND RECALL TO MERIT SYSTEM EMPLOYMENT OF FORMER COUNTY EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS currently Merit Rule 12.1.2 provides for the recall of non- represented employees who were laid off due to curtailment of work or lack of funds; and WHEREAS this provision offers opportunity for recall prior to the hiring of any new employee in the classification in which they held status, or in a classification of equal or lower maximum salary for which they met the minimum qualifications; and WHEREAS recall of laid off employees not only builds employee morale and loyalty, but also provides the County with trained and knowledgeable employees; and WHEREAS the same rationale for recalling former employees appertains to represented and non-represented employees. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed addition to the Merit Rules as follows: 12.1.3. Recall shall also apply to represented and non-represented employees who held regular Merit System status and were separated due to Commissioners Minutes Continued. September 24, 1998 423 the creation of a Mental Health Authority. Laid off employees will be offered the opportunity for recall prior to the hiring of any new employee in the classification in which they held status or in a classification with equal or lower maximum salary for which they meet the minimum qualifications within the County. This opportunity for recall will exist for a length of time equal to the employee=s length of service to the County or two years, whichever is less. BE IT FURTHER RESOLVED that the Chairperson of this Board on behalf of the County of Oakland, is authorized to execute this Merit System Rule change, consistent with the provisions of Miscellaneous Resolution #4606, Section IV, A. Chairperson, we move the adoption of the foregoing resolution. Jeff Kingzett, Vincent Gregory, John Garfield, Eric Coleman The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANOUS RESOLUTION #98244 BY: Commissioner Frank H. Millard, District #4 IN RE: DISBURSEMENT OF FUNDS TO INDEPENDENCE TOWNSHIP 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 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 Charter Township of Independence has submitted a request for the disbursement of $18,474.00 to be used for the following purposes: - Architectural studies for an historic facility - McCord House, - Purchase of safety and directional signs, - Renovation of the former Sheriff=s substation, - Sanitary facilities at a park. 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 $18,474.00 from the reserve account established by Miscellaneous Resolution #85294 to the Charter Township of Independence for the above-stated purposes. Chairperson, I move adoption of the foregoing resolution. Frank H. Millard, Lawrence A. Obrecht, Donna R. Huntoon The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 24, 1998 424 MISCELLANEOUS RESOLUTION #98245 BY: Commissioners Shelley G. Taub, District #12; Fran Amos, District #5; Donna Huntoon, District #2; John P. McCulloch, District #22; JoAnne Holbert, District #6 IN RE: COMMUNITY SERVICES FOR THE HOMELESS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists within the State of Michigan, Oakland County and the City of Pontiac, a population of homeless individuals with mental health, housing and service needs; and WHEREAS Oakland County and the City of Pontiac have experienced an increase in the demand for services necessary to address the needs of those individuals, families and children who either are homeless or are at risk of becoming homeless; and WHEREAS the Mission of the Oakland County Community Mental Health is to provide Oakland County citizens with a system of behavioral health care which promotes dignity, independence, and community participation; and WHEREAS upon recognition of the fact that there are homeless individuals in the City of Pontiac, a Transient Housing Committee Task Force was formed by the Mayor of Pontiac to assess and solve the problem. NOW THEREFORE BE IT RESOLVED that Oakland County Board of Commissioners supports the efforts of the City of Pontiac to assess the mental health, housing and service needs of the homeless. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Oakland County Community Mental Health Agency, the Oakland County Community Corrections Division and the Substance Abuse Services of the Oakland County Health Division to assist the Transient Housing Committee Task Force in providing those needing and asking for assistance with referrals for adequate housing, counseling and community resources. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully request that the Mayor of the City of Pontiac forward a copy of the final report and recommendations of the Transient Housing Committee Task Force with the Oakland County Board of Commissioners. BE IT FINALLY RESOLVED that copies of this adopted resolution be forwarded to the City of Pontiac=s Transient Housing Committee Task Force and the Oakland County Community Mental Health Agency. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, Fran Amos, Donna Huntoon, John P. McCulloch, JoAnne Holbert The Chairperson referred the resolution to the Public Services Committee. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: FINANCE COMMITTEE a. Huron-Clinton Metropolitan Authority - 1998 Tax Levy b. Sheriff=s Department - 1997 Marine Safety Program Reimbursement GENERAL GOVERNMENT COMMITTEE a. Township of Independence - Headlee Amendment Reimbursement PUBLIC SERVICES COMMITTEE a. Sheriff=s Department - 1997 Marine Safety Program Reimbursement OTHERS Development and Planning a. U.S. Census Monitoring Board - Y2K Census There were no objections to the referrals. The Board adjourned at 1:00 P.M. to the call of the Chair or October 15, 1998 at 9:30 A.M. G. WILLIAM CADDELL JOHN McCULLOCH Deputy Clerk Chairperson