HomeMy WebLinkAboutMinutes - 1998.10.28 - 8259
449
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 29, 1998
Meeting called to order by Chairperson John McCulloch at 9:56 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called:
PRESENT: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (24)
ABSENT: Holbert (with notice). (1)
Quorum present.
Invocation given by Commissioner Kaczmar.
Pledge of Allegiance to the Flag.
Moved by Dingeldey supported by Palmer the minutes of the October 15, 1998
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Jacobs the rules be suspended and the agenda be
amended, as follows:
ITEMS ON PRINTED AGENDA
FINANCE COMMITTEE
b. Courthouse East Wing Entrance and Delivery Area Security
Recommendations
(Reason for suspension for Finance Committee, item b: Waiver of Rule XII -
Responsibility of the Planning and Building Committee (should have been Planning
and Building resolution) and Direct Referral to Finance Committee)
PERSONNEL COMMITTEE
a. Courthouse Security - Creation of a Temporary FTE GF/GP Deputy I
Position for the East Entrance of the Courthouse
PLANNING AND BUILDING COMMITTEE
d. Drain Commissioner - Resolution to Authorize Oakland County
Refunding Bonds (Evergreen-Farmington System - Lathrup Village
Extension No. 1)
(Reason for suspension for Personnel Committee, item a and Planning and Building
Committee, item d: Waiver of Rule XII. Direct Referral to Finance Committee)
AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Schmid, Taub, Wolf. (23)
NAYS: None. (0)
Commissioners Minutes Continued. October 29, 1998
450
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Commissioner Fran Amos, Chairperson of the Community Mental Health Services
Board, addressed the Board with a Community Mental Health progress update.
Deputy Clerk G. William Caddell read a communication from Chairperson
John McCulloch appointing Commissioners Eric Coleman and Charles Palmer to the
Storm Water Management Study Group. There being no objections, the appointments
were confirmed.
Jerry Grubb, Elmer Cerano and Commissioner Robert Hoffman addressed
the Board.
MISCELLANEOUS RESOLUTION #98256
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SETTLEMENT OF CHARTER TOWNSHIP OF ORION V THE OAKLAND COUNTY BOARD OF
COMMISSIONERS LAWSUIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Orion had brought a lawsuit against the
Oakland County Board of Commissioners and the Oakland County Solid Waste Planning
Committee, Oakland County Circuit Court Case number 90-392783-CE; and
WHEREAS in conjunction with this lawsuit, the Charter Township of Orion
withheld the re-payment of monies loaned by Oakland County to the Charter
Township of Orion as outlined in the Host Community Agreement executed on
January 31, 1991, between the parties; and
WHEREAS the Charter Township of Orion=s lawsuit was dismissed at trial in
1996 by the Circuit Court, this dismissal having subsequently been affirmed by
the Michigan Court of Appeals in 1998; and
WHEREAS in lieu of appealing to the Michigan Supreme Court, the Charter
Township of Orion has agreed to enter into a settlement of the issue; and
WHEREAS the settlement agreement between the Charter Township of Orion and
the Oakland County Board of Commissioners requires the Township to:
C repay to the County all outstanding principal payments owed to the
County to date under the Host Community Agreement underlying this
issue (amounting to $600,000.00),
C pay to the County the interest set forth on the Host Community
Agreement=s Payment Schedule (amounting to $135,000.00),
C pay to the County the additional interest imposed on late scheduled
payments (amounting to $43,486.77)
C pay to the County the costs of the attorneys fees incurred by the
County in defending the litigation (amounting to approximately
$60,000.00),
for a total payment by the Charter Township of Orion to Oakland County of
$838,486.77; and
WHEREAS upon payment of the settlement amounts, the Charter Township of
Orion will be brought current on the Payment Schedule set forth in Host Community
Agreement, and will forgo any further appeals of this matter and dismiss the
lawsuit with prejudice; and
WHEREAS future payments by the Charter Township of Orion to the County
pursuant to the Host Community Agreement shall resume as dictated by the Host
Community Agreement=s Payment Schedule.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the
afore-described settlement agreement with the Charter Township of Orion and
authorizes the Chairperson of the Board to execute such documents as may be
necessary to effectuate this settlement agreement.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. October 29, 1998
451
REPORT (Misc. #98256)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: SETTLEMENT OF CHARTER TOWNSHIP OF ORION V THE OAKLAND COUNTY BOARD OF
COMMISSIONERS LAWSUIT
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
resolution on October 20, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Douglas supported by Wolf the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Wolf the resolution be adopted.
Moved by Obrecht supported by Millard the resolution be amended in the
fifth WHEREAS paragraph to reduce the reimbursement for attorney fees incurred by
the County from $60,000 to $30,000.
The Chairperson stated a YES vote would amend the resolution to reduce
the reimbursement for attorney fees and a NO vote would not.
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman,
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 #98257
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT - COURTHOUSE EAST WING ENTRANCE AND DELIVERY AREA
SECURITY GATE PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as a result of recent security concerns at the Courthouse East Wing
entrance and delivery drive, a cost effective security solution has been
proposed; and
WHEREAS a mechanized crash-rated lift gate be installed across the East
Wing drive to control vehicle access to the Courthouse entrance/delivery
area; and
WHEREAS currently a Sheriff=s Department Deputy has temporarily been
stationed full time during the business day at the service entrance to the
Courthouse in order to monitor vehicles which enter this area; and
WHEREAS deputies are currently posted at this location on an overtime basis
until a more cost effective solution can be implemented; and
WHEREAS the monthly cost for the temporary deputy is $3,649 per month, and
the yearly cost of a full time deputy, including fringe benefits is $35,885; and
WHEREAS agreement on a more cost effective long term option has been
reached with the Circuit and Probate Court Chief Judges and the Sheriff to
provide acceptable security without the need for a full time deputy at this
location; and
WHEREAS it is recommended that a mechanized crash-rated lift gate be
installed, with a card access reader to operate the lift gate and allow only
approved personnel access to the delivery area; and
Commissioners Minutes Continued. October 29, 1998
452
WHEREAS a camera and a 2-way voice communication system will be installed
near the gate which would be monitored by the existing Sheriff=s Deputy stationed
at the employee entrance to the Courthouse East Wing. This deputy will be
positioned to see the lift gate and service drive and, therefore, be able to
respond to unauthorized vehicles; and
WHEREAS the total project cost of the lift gate, card access system,
camera, monitor, and speaker system, vehicle turnaround area, electrical,
engineering, and contingency is $97,900; and
WHEREAS it is recommended the work be performed by in-house staff and
outside contractors obtained through the Purchasing Division; and
WHEREAS funding in the amount of $97,900 is available in the 1998 Capital
Improvement Program in the building projects section.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the
installation of the East Wing Courthouse lift gate security system.
BE IT FURTHER RESOLVED that funds in the amount of $97,900, are available
in the Capital Improvement Program - Building Fund (401), be transferred to the
Project Work Order Fund (404).
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
REPORT (Misc #98257)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: COURTHOUSE EAST WING ENTRANCE AND DELIVERY AREA SECURITY RECOMMENDATION
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, as a result of recent security
concerns at the Courthouse East Wing Entrance and delivery area, recommends
approval of the project as outlined in the Facilities Management Report, dated
October 20, 1998.
The Committee further recommends funding the total project cost of $97,900,
including contingency, be approved.
Additionally, the Planning and Building Committee supports the attached
Finance Committee resolution.
Chairperson, on behalf of the Planning and Building Committee, I submit the
foregoing report.
PLANNING AND BUILDING COMMITTEE
Copy of Facilities Management Report, dated October 20, 1998, on file in
County Clerk=s office.
Moved by Douglas supported by Garfield the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Garfield the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98258
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES - LEASED VEHICLES - TEMPORARY FLEET
EXPANSION OF THREE (3) VANS FOR COMMUNITY CORRECTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolutions #93230 and #94357, the Oakland County
Board of Commissioners adopted a Leased Vehicle Policy requiring that additions
to the County fleet be approved by the Board of Commissioners; and
Commissioners Minutes Continued. October 29, 1998
453
WHEREAS the Community Corrections Division has a need to lease three (3)
vans from the County Fleet to accommodate the transportation needs of the
successful Weekend Alternative for Misdemeanants (WAM) Program; and
WHEREAS the Sheriff=s Department is currently leasing three (3) fully
depreciated vans from the County fleet which are scheduled to be traded in for a
new vehicle within the month; and
WHEREAS these vans are acceptable for the current Community Corrections
needs and can be reassigned to the Community Corrections Division at a lease cost
of approximately $250 per vehicle per month; and
WHEREAS the WAM Program is generating sufficient revenues to cover the
additional Leased Vehicle monthly charges by the Motor Pool; and
WHEREAS because the Sheriff=s Department will receive replacement vans,
these reassignments will temporarily expand the fleet.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the
temporary expansion of the County Vehicle Fleet by reassigning three (3) fully
depreciated vans from the Sheriff=s Department to the Community
Corrections Division.
BE IT FURTHER RESOLVED that due to the age of the vehicles, any future
repairs expense in excess of $1,000 shall be absorbed by the Community
Corrections Division.
BE IT FURTHER RESOLVED that because the reduced monthly charge for fully
depreciated vehicles does not contemplate their eventual replacement, such
vehicles shall be disposed of in the County Auction at the conclusion of their
useful economic life without provision for a replacement vehicle thereby
automatically reducing the size of the County Vehicle Fleet.
BE IT FURTHER RESOLVED that the Fiscal Year 1999-2000 Biennial Budget be
amended as follows:
WAM REVENUE: FY1999 FY2000
1-17-403100-97000-0163 Fees and Collections $9,000 $9,000
EXPENSE:
2-17-403200-97000-6661 Leased Vehicles $9,000 $9,000
Revenue Over/(Under) Expense $ 0 $ 0
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Huntoon the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
FISCAL REPORT (Misc. #98251)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DISBURSEMENT OF FUNDS TO ROYAL OAK TOWNSHIP PER MISCELLANEOUS
RESOLUTION #85315
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing fiscal report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #98251
BY: Commissioner Eric Coleman, District #21
IN RE: DISBURSEMENT OF FUNDS TO ROYAL OAK TOWNSHIP PER MISCELLANEOUS
RESOLUTION #85315
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. October 29, 1998
454
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 Royal Oak has submitted a request for the disbursement of $1,604.00
to be used for signage on the Township Hall.
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 $1,604.00 from
the reserve account established by Miscellaneous Resolution #85294 to the Charter
Township of Royal Oak for the above-stated purpose.
Chairperson, I move adoption of the foregoing resolution.
Eric Coleman
Commissioner, District #21
Moved by Douglas supported by Coleman the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Coleman the resolution be adopted.
AYES: Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98259
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT - APPORTIONMENT OF LOCAL
TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS your Finance Committee on Local Taxes has examined certificates,
statements, papers and records submitted to it from the various townships, cities
and villages having taxes to be spread upon the County Tax Rolls, and has checked
these documents with the pertinent laws, specifically Section 37 of the General
Property Tax Laws, and has caused corrections to be made where necessary; and
WHEREAS your committee has prepared tax certificates showing the certified
rates as adjusted by M.C.L. 211.34E of the General Property Tax Laws, authorized
to be spread against state equalized valuations, which certificates are submitted
herewith and which are the basis for the tabulation above-mentioned, and it is
recommended that the Board of Commissioners authorize the Clerk to sign these
certificates; and
Commissioners Minutes Continued. October 29, 1998
455
WHEREAS the electorate of the State of Michigan amended Article IX of the
Constitution and added Section 36; and
WHEREAS the legislature, as directed, implemented said legislation under
Section 37 of the General Property Tax Act and the 1976 State School Code, as
amended; and
WHEREAS the certified rates are subject to M.C.L. 211.36 which allow
additional millage to be voted up to and including December 7, 1998, for schools
and, if adopted, up to and including November 3, 1998, for taxing jurisdictions,
as specified in said section; said additional millage(s) would require Board
approval before they could be spread; and
WHEREAS the electorate of the State of Michigan voted to limit school
operating levies on homestead and non-homestead property taxes in accordance with
this report.
NOW THEREFORE BE IT RESOLVED that this Board adopt the attached
certificates from the Finance Committee with the recommendations herein contained
as part of the permanent records of the Board.
BE IT FURTHER RESOLVED that the Clerk be authorized and directed to sign
the several tax certificates on which the attached tabulation was based, thereby
authorizing and directing the various assessing officers to spread the rates
against the taxable valuation set forth herein for 1998.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
Copy of 1998 Apportionment Report of Local Tax Rates on file in County
Clerk=s office.
Moved by Douglas supported by Amos the resolution be adopted.
AYES: Garfield, Gregory, Hoffman, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98260
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: DRAIN COMMISSIONER - APPOINTMENT OF JAMES E. PORTER AS CHIEF DEPUTY DRAIN
COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 40 of the Public Acts of
1956, as amended, the Oakland County Drain Commissioner may appoint a Chief
Deputy Drain Commissioner, subject to the approval and confirmation of the
Oakland County Board of Commissioners; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, has selected
James Porter to be Chief Deputy Drain Commissioner, to succeed former Chief
Deputy Glen Yrjanainen; and
WHEREAS George W. Kuhn, Oakland County Drain Commissioner, requests that
the appointment of James E. Porter as Chief Deputy Drain Commissioner be approved
and confirmed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves and confirms the appointment of James Porter as Chief Deputy
Drain Commissioner.
Chairperson, on behalf of the General Government Committee, I move adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of attachment on file in County Clerk=s office.
Moved by Dingeldey supported by Palmer the resolution be adopted.
AYES: Gregory, Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (24)
NAYS: None. (0)
Commissioners Minutes Continued. October 29, 1998
456
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98261
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: CIRCUIT COURT - CIRCUIT COURT/JUDICIAL ADMINISTRATION - CREATION OF
ONE (1) TEMPORARY 1,000 HOUR PTNE ATTORNEY II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS several recent operational changes have occurred in Circuit Court
including creation of the family division, revision of business practices and
procedures for the general jurisdiction division, accommodation of the
requirements per amended Michigan Court Rule 2.403 regarding mediation, expansion
of alternative dispute resolution practices, and revamped procedures related to
Personal Protection Orders; and
WHEREAS these changes require significant oversight and administrative
attention to ensure their operational success and effectiveness; and
WHEREAS given the magnitude of these changes and the time necessary to
review, evaluate, and monitor their impact on Court operations, creation of a
temporary PTNE Attorney II position will provide assistance enabling the Court to
ensure that revisions to business and operational practices and procedures best
meet the needs of the public, litigants, attorneys, and Court personnel; and
WHEREAS the PTNE Attorney II will assist the Chief Judge and Court
Administrator by: evaluating revised business and operational practices and
proposing changes where appropriate; assisting in the development of new court
rules and administrative orders; conducting legal research on court-related
issues; facilitating the training of court personnel on changes noted above;
reviewing and analyzing Friend of the Court and family division practices; and
assisting the Chief Judge and Court Administrator on other matters
as appropriate.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the
creation of one (1) GF/GP 1,000 hour PTNE Attorney II position at the five year
salary step ($30.06/hr), and that the position be effective through the last pay
period in Fiscal Year 1999.
BE IT FURTHER RESOLVED that mediation funds be used to cover the cost of
the position.
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 Personnel Committee and the
Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98262
BY: General Government Committee, Nancy Dingeldey, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENTS POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has experienced tremendous growth in industrial,
commercial and residential development during the past ten years; and
WHEREAS the population in Oakland County has increased from 396,000 in 1950
to 1.2 million in 1998, and is projected to be 1.3 million in 2020; and
WHEREAS this phenomenal growth in population and employment has placed a
strain on existing infrastructure and created a need for improvement to
infrastructure; and
WHEREAS this development within Oakland County has contributed to combined
drain and sewer overflows, flooded basements, and potentially hazardous
conditions affecting public health, and the environment; and
WHEREAS the County will continue to work with the Federal and State of
Michigan governments to increase the County=s share of dollars flowing into
infrastructure projects for the County and cities, villages and townships
(CVTs); and
WHEREAS the National Association of Counties estimates that nationally CVTs
will be required to spend $138 billion over the next 20 years to comply with
Federal mandates involving clean water and stormwater safety requirements; and
Commissioners Minutes Continued. October 29, 1998
457
WHEREAS the County of Oakland has pledged the transfer of $5.0 million
annually for five years into an Environmental Infrastructure Fund from the
County=s Delinquent Tax Revolving Fund to assist CVTs in their local
environmental infrastructure needs; and
WHEREAS the allocation to each CVT of the annual appropriation has been set
through the annual General Appropriations Act passed by the Board of
Commissioners; and
WHEREAS definition of the types of eligible environmental infrastructure
projects for reimbursement and the process for seeking approval from the Board of
Commissioners of those projects has yet to be established.
NOW THEREFORE BE IT RESOLVED that the projects which are eligible for
reimbursement from the Environmental Infrastructure Fund, subject to the approval
of the Board of Commissioners, and are limited to physical improvements and that
the following process will be followed in seeking that approval:
1) The Environmental Infrastructure Fund is established and shall be
maintained by the Fiscal Services Division as a separate fund for
the purpose of enhancing the County=s ability to improve the quality
of life in the rural and urban areas of the County, and to help
ensure that the public health of the County=s residents is
addressed.
2) Projects eligible for reimbursement from the Environmental
Infrastructure Fund are limited to environmental remediations or
improvements relating to ground and surface water, water supply, and
sewer and drainage systems.
3) CVTs may enter joint projects with adjacent communities that promote
the public welfare based on the criteria established and subject to
the approval of the Board of Commissioners.
4) Each CVT request shall be accompanied by a resolution by the
applicable legislative board or council through its respective
County Commissioner(s) to the Board of Commissioners.
5) The Fiscal Services Division shall maintain accounts within the
Environmental Infrastructure Fund for each CVT based on the amounts
deposited annually through the County Board of Commissioners
appropriation and amounts disbursed therefrom. Periodically, but no
less than annually, the Fiscal Services Division shall report the
equity of the Environmental Infrastructure Fund to the Board of
Commissioners by CVT.
6) Under the authority and, in conjunction with, the Board of
Commissioners, the Fiscal Services Division shall twice annually (by
January 31 and July 31), request that each CVT prepare a formal
request for project approval by the Board of Commissioners. At a
minimum, the project request shall state the purpose of the project,
projected costs, request for Environmental Infrastructure Fund
reimbursement and such other information as may be requested by the
Fiscal Services Division and/or the Board of Commissioners to ensure
compliance with Board policies established for the Environmental
Infrastructure Fund fiscal maintenance.
7) Periodically, the CVTs will request reimbursement of amounts
expended by the CVT for Board of Commissioner approved projects.
The CVT shall provide appropriate support for reimbursement
necessary to ascertain that the expenditure requested complies with
Board of Commissioners approved policies for the Environmental
Infrastructure Fund.
8) The Environmental Infrastructure Fund shall not be used for CVT
bonding.
9) All unexpended amounts under the Environmental Infrastructure Fund
are carried forward into the following fiscal year to the credit of
the applicable CVT until expended in a subsequent year by the CVT
for an eligible environmental infrastructure project. At the
conclusion of the 5-year commitment period, the CVTs will have one
year in which to complete their environmental infrastructure
projects. Any unexpended amounts after that one year time period
subsequent to the 5-year commitment period will be returned to the
Delinquent Tax Revolving Fund.
Commissioners Minutes Continued. October 29, 1998
458
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Fiscal Year 1999 Budget Proposed General Appropriations Act,
section regarding Infrastructure Fund, on file in County Clerk=s office.
The Chairperson referred the resolution to the General Government, Planning
and Building and Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98263
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: COURTHOUSE SECURITY - CREATION OF A TEMPORARY FULL TIME ELIGIBLE DEPUTY I
POSITION FOR THE EAST ENTRANCE OF THE COURTHOUSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS concerns over the safety and security of the Oakland County
Courthouse caused the Sheriff to move the Court Deputy authorized for the East
entrance of the Courthouse to the pit parking area; and
WHEREAS at the request of the Personnel Committee, the Personnel Department
met with representatatives of the Sheriff Department, Fiscal Services and
Facilities Management regarding this issue; and
WHEREAS the Director - Facilities Management has indicated that a security
gate for the courthouse pit area is a feasible option to keep that area secure
and has prepared a resolution for the Planning and Building and Finance
Committees; and
WHEREAS the County Executive recommends the creation of one (1) Full Time
Eligible GF/GP Deputy I position to guard the East door, employee entrance, of
the courthouse, on a temporary basis to allow that door to remain open while the
security gate for the pit area is purchased and installed.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners creates one
(1) FTE GF/GP Deputy I position for the East entrance of the Courthouse for a
period not to exceed five months, 29 days from the date of approval.
BE IT FURTHER RESOLVED that this assignment shall be on a temporary basis,
from the date of the adoption of this resolution until the security gate for the
pit area is purchased and installed.
BE IT FURTHER RESOLVED that once the security gate is operational, this
Deputy I position will be deleted and the Court Deputy currently stationed at the
pit area will be reassigned back to the East door.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #98263)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: COURTHOUSE SECURITY - CREATION OF A TEMPORARY FULL TIME ELIGIBLE DEPUTY I
POSITION FOR THE EAST ENTRANCE OF THE COURTHOUSE
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 Personnel Committee recommends the creation of one (1) FTE (for
five months and 29 days) Deputy I position in the Sheriff Corrective
Services - Satellites/Court Detention Unit to cover the East
entrance to the Courthouse until the Courthouse pit area can be
secured through the use of an electronic gate.
2. The cost for this position equals $17,904.
3. Funds are available in the Fiscal Year 1999 Contingency Account to
cover the position cost, the following budget amendments are
recommended:
Cost Components FY 1999
Expenditures
101-43-23412-30003-2001 Salaries $12,670
101-43-23412-30003-2074 Fringe Benefits 5,234
Total Personnel $17,904
101-90-29000-25000-2564 Contingency ($17,904)
Commissioners Minutes Continued. October 29, 1998
459
0
FINANCE COMMITTEE
Moved by Law supported by Gregory the resolution be adopted.
AYES: Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf,
Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98264
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: DEPARTMENT OF PERSONNEL/LABOR RELATIONS - MERIT SYSTEM RULE CHANGE - 12.3
TIME LIMITS AND PROCEDURES FOR RE-EMPLOYMENT TO MERIT SYSTEM EMPLOYMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires
that all changes in the rules and regulations of the Merit System shall be
submitted to the Board of Commissioners at a regular meeting of the Board and
shall become effective thirty (30) days after such meeting unless objection is
received in writing by the Chairperson of the Board of Commissioners, in which
case the objection shall become a matter of business at the next meeting of the
Board; and
WHEREAS it has become desirable to make changes to Merit System Rule 12.3
to extend the time frame for re-employment as spelled out in the attachments to
this resolution; and
WHEREAS in the tightening labor market, this extension would benefit the
County=s hiring departments as well as former County employees.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the
attached copies of the proposed changes to Merit Rule 12.3, to all commissioners
present and absent, be considered as the official submission to the Board of
Commissioners of the described changes to Merit Rule 12.3.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Proposed Change in Merit System Rule on file in County Clerk=s
office.
The Chairperson stated that by statute the resolution shall layover for
30 days. There were no objections.
MISCELLANEOUS RESOLUTION #98265
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: ON-SITE CHILD CARE FACILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in December of 1997 the Board of Commissioners approved
authorization for funding for a consultant to assist with the development of
options and recommendations for the development of on-site child care; and
WHEREAS the company of Americare was chosen as the consultant to assist in
developing an action plan, establishing a child care task force, providing
expertise in site selection and renovation/development, identifying criteria to
develop an appropriate RFP and evaluate proposals, and to present options and
proposals to the County Executive and County Commissioners; and
WHEREAS the child care task force, consisting of eighteen members and two
staff support from elected official areas and County departments have been
meeting monthly since the spring of 1998 to develop the vision/mission statement,
review plans and site proposals, participate in the development and evaluation of
RFPs, and make site visits to other child care facilities; and
WHEREAS the results of these efforts have produced a plan for a two-phase
approach to development of the on-site child care facility with Phase 1 involving
Commissioners Minutes Continued. October 29, 1998
460
the renovation of an existing facility to accommodate 50 children and Phase 2
involving an addition to the facility to accommodate another 50 children; and
WHEREAS this capital improvement project is with the Planning and Building
Committee for their review and approval; and
WHEREAS the proposed plan is for Oakland County to retain ownership of the
land and child care facility while the contracted child care provider will carry
primary responsibility for the management and operations of the child care
program, including liability, in return for fees to be charged to users of the
facility; and
WHEREAS the child care task force has reviewed proposals received,
recommended a vendor to provide the proposed child care services and is ready to
discuss negotiations with the recommended vendor toward a possible contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the Personnel Department to proceed with contract discussions for the
provision of on-site child care services and to report back to the Personnel
Committee within the next 60 days with the progress of the negotiations and
related issues.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Moved by Law supported by Obrecht the resolution be adopted.
Moved by Coleman supported by Douglas the resolution be amended in the NOW
THEREFORE BE IT RESOLVED paragraph by deleting the word negotiations and
inserting the word discussions .
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Amos, Coleman,
Devine, Dingeldey, Douglas, Gregory, Hoffman. (22)
NAYS: Wolf, Garfield. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #98266
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - CHANGE IN OVERTIME STATUS FOR DESIGNATED
CLASSIFICATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County currently has an Exceptional Overtime designation for
classifications; and
WHEREAS the Exceptional Overtime designation provides for overtime pay
under certain circumstances as indicated in Merit Rule 2.10.2.4; and
WHEREAS as a result of implementing the new PeopleSoft computer system, it
has been determined that a move from Exceptional Overtime to either Exempt or
Non-exempt overtime status would be more appropriate as it relates to the Federal
Fair Labor Standards Act; and
WHEREAS attached is a list of the classifications currently designated as
Exceptional Overtime, and recommendations on the appropriate overtime status for
these classifications; and
WHEREAS in addition to the list of Exceptional Overtime classifications,
there are other classifications in which a change in overtime designation is
recommended to comply with the Federal Fair Labor Standards Act guidelines.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the recommended overtime designation changes as outlined on the
attached list.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. October 29, 1998
461
Copy of Recommended Overtime Designation Changes on file in County Clerk=s
office.
Moved by Law supported by Taub the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Chairperson McCulloch announced that a Public Hearing would be scheduled
for the purpose of allowing public comment on the Economic Development
Corporation, Acme Manufacturing Project, Auburn Hills. The Chairperson scheduled
the hearing for November 19, 1998 at 9:30 A.M.
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.
FISCAL NOTE (Misc. #98225)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1998 LAKE LEVEL ASSESSMENTS FOR OPERATIONS AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy and
collect $302,154.15 against all benefitting properties and
government entities comprising the assessment rolls for the purpose
Commissioners Minutes Continued. October 29, 1998
462
of operating and maintaining the level of various lakes located
within Oakland County. Twelve of the assessments exceed $10,000 and
require Board approval under Section 24 of the Inland Lake Level Act
No. 146 of the Public Acts of 1961, as amended by Act No. 52
of 1992.
2. Due to road acreage located within district limits, the County=s
share of the assessments is $2,055.05. Funding is available in the
Non-Departmental Account for Road Commissioner - Drain Assessments.
No additional appropriation is required.
FINANCE COMMITTEE
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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
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.
FISCAL NOTE (Misc. #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:
Commissioners Minutes Continued. October 29, 1998
463
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy and
collect $70,813.13 against all benefitting properties and government
entities comprising the assessment rolls for the purpose of
operating, maintaining, cleaning and repairing 29 Chapter 4 drains
located within Oakland County.
2. The County=s share of the assessments for road drainage benefit is a
one time charge of $3,990.66. Funding is available in the Non-
Departmental Account for Road Commissioner - Drain Assessments. No
additional appropriation is required.
FINANCE COMMITTEE
Moved by Palmer supported by Hoffman the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98267
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING
BONDS (EVERGREEN-FARMINGTON SYSTEM LATHRUP VILLAGE EXTENSION NO. 1)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan,
1939, as amended, the County of Oakland (the "County") has issued its Oakland
County Evergreen-Farmington Sewage Disposal System, (City of Lathrup Village
Extension No. 1) Bonds dated December 1, 1990 (the "Prior Bonds"), in the
original principal amount of $6,075,000 to defray the cost of acquiring and
constructing the City of Lathrup Village Pollution Control Facilities, Extension
No. 1 as part of the Evergreen and Farmington Sewage Disposal System pursuant to
the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities
City of Lathrup Village Extension No. 1 Contract (the "Contract") dated as of
January 1, 1990, between the City of Lathrup Village (the "Municipality") and the
County; and
WHEREAS the Prior Bonds remain outstanding in the aggregate principal
amount of $5,200,000, mature in various principal amounts on November 1 in the
years 1998 through 2009 and bear interest at rates per annum which vary from
6.00% to 9.50%; and
WHEREAS Chapter VI of Act No. 202, Public Acts of Michigan, 1943, as
amended ("Act 202") authorizes the County to refund all or any part of its funded
indebtedness; and
WHEREAS the County received a request from the Municipality to refund all
or part of the outstanding Prior Bonds; and
WHEREAS it is in the best interests of the County and the Municipality that
the Prior Bonds maturing in the years 2000 through 2009 be refunded.
NOW THEREFORE BE IT RESOLVED:
1. AUTHORIZATION OF BONDS PURPOSE. Bonds of the County (the
"Refunding Bonds") aggregating the principal sum of not to exceed Five Million
Two Hundred Thousand Dollars ($5,200,000) shall be issued and sold pursuant to
the provisions of Act 202, and other applicable statutory provisions, for the
purpose of refunding all or part of the Prior Bonds maturing in the years 2000
through 2009.
2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County
Refunding Bonds (Evergreen-Farmington System Lathrup Village Extension No. 1);
shall be in the principal amount and shall be dated as of such date as shall be
determined by County Drain Commissioner as County Agency at the time of sale;
shall be numbered from l upwards; shall be fully registered; shall be in the
denomination of $5,000 each or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be
Commissioners Minutes Continued. October 29, 1998
464
determined upon the sale thereof payable on such dates as shall be determined at
the time of sale; and shall mature on such dates and in such amounts as shall be
determined at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on
the Refunding Bonds shall be payable in lawful money of the United States.
Principal shall be payable upon presentation and surrender of the bonds to the
bond registrar and paying agent as they severally mature. Interest shall be paid
to the registered owner of each bond as shown on the registration books at the
close of business on the fifteenth day of the calendar month preceding the month
in which the interest payment is due. Interest shall be paid when due by check
or draft drawn upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. PRIOR REDEMPTION. The Refunding Bonds shall be subject to redemption
prior to maturity upon such terms and conditions as shall be determined at the
time of sale.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall
designate and enter into an agreement with a bond registrar and paying agent for
the Refunding Bonds which shall be a bank or trust company located in the State
of Michigan which is qualified to act in such capacity under the laws of the
United States of America or the State of Michigan. The Treasurer may from time
to time as required designate a similarly qualified successor bond registrar and
paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Refunding Bonds
shall be executed in the name of the County by the facsimile signatures of the
Chairman of the Board of Commissioners and the County Clerk and authenticated by
the manual signature of an authorized representative of the bond registrar and
paying agent, and the seal of the County (or a facsimile thereof) shall be
impressed or imprinted on the Refunding Bonds. After the Refunding Bonds have
been executed and authenticated, they shall be delivered by the County Treasurer
to the purchaser upon receipt of the purchase price. Additional Refunding Bonds
bearing the facsimile signatures of the Chairman of the Board of Commissioners
and the County Clerk and upon which the seal of the County (or a facsimile
thereof) is impressed or imprinted may be delivered to the bond registrar and
paying agent for authentication and delivery in connection with the exchange or
transfer of the Refunding Bonds. The bond registrar and paying agent shall
indicate on each Refunding Bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any Refunding Bond, upon surrender
thereof to the bond registrar and paying agent with a written instrument of
transfer satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney, at the option of the registered
owner thereof, may be exchanged for Refunding Bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and
bearing the same rate of interest as the surrendered Refunding Bond.
Each Refunding Bond shall be transferable only upon the books of the
County, which shall be kept for that purpose by the bond registrar and paying
agent, upon surrender of such Refunding Bond together with a written instrument
of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Refunding Bond, the bond registrar and
paying agent on behalf of the County shall cancel the surrendered Refunding Bond
and shall authenticate and deliver to the transferee a new Refunding Bond or
Bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered Refunding
Bond. If, at the time the bond registrar and paying agent authenticates and
delivers a new Refunding Bond pursuant to this section, payment of interest on
the Refunding Bonds is in default, the bond registrar and paying agent shall
endorse upon the new Refunding Bond the following: "Payment of interest on this
bond is in default. The last date to which interest has been paid is
__________,____."
The County and the bond registrar and paying agent may deem and treat the
person in whose name any Refunding Bond shall be registered upon the books of the
County as the absolute owner of such Refunding Bond, whether such Refunding Bond
shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such Refunding Bond and for all other purposes, and all payments
made to any such registered owner, or upon his order, in accordance with the
Commissioners Minutes Continued. October 29, 1998
465
provisions of Section 3 of this resolution shall be valid and effectual to
satisfy and discharge the liability upon such Refunding Bond to the extent of the
sum or sums so paid, and neither the County nor the bond registrar and paying
agent shall be affected by any notice to the contrary. The County agrees to
indemnify and save the bond registrar and paying agent harmless from and against
any and all loss, cost, charge, expense, judgment or liability incurred by it,
acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of Refunding Bonds, the County or the bond
registrar and paying agent may make a charge sufficient to reimburse it for any
tax, fee or other governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or
exchange Refunding Bonds or portions of Refunding Bonds which have been selected
for redemption.
8. FORM OF BONDS. The Refunding Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY REFUNDING BONDS
(EVERGREEN-FARMINGTON SYSTEM LATHRUP VILLAGE EXTENSION NO. 1)
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges
itself indebted to, and for value received, hereby promises to pay to the
Registered Owner identified above, or registered assigns, the Principal Amount
set forth above on the Maturity Date specified above, unless redeemed prior
thereto as hereinafter provided, upon presentation and surrender of this bond at
_______________________________________________________________________ the bond
registrar and paying agent, or at such successor bond registrar and paying agent
as may be designated pursuant to the Resolution, and to pay to the Registered
Owner as shown on the registration books at the close of business on the 15th day
of the calendar month preceding the month in which an interest payment is due, by
check or draft drawn upon and mailed by the bond registrar and paying agent by
first class mail postage prepaid to the Registered Owner at the registered
address, interest on such Principal Amount from __________, 1999, or such later
date through which interest has been paid until the County's obligation with
respect to the payment of such Principal Amount is discharged, at the rate per
annum specified above. Interest is payable on the first days of May and November
in each year, commencing on __________ 1, 1999. Principal and interest are
payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of
________________________________________ Thousand Dollars ($_________) issued by
the County under and pursuant to and in full conformity with the Constitution and
Statutes of Michigan (especially Act No. 202, Public Acts of 1943, as amended)
and a resolution adopted by the Board of Commissioners of the County (the
"Resolution") and an order of the Drain Commissioner of the County as County
Agency for the purpose of refunding the outstanding Evergreen-Farmington Sewage
Disposal System (City of Lathrup Village Extension No. 1) Bonds dated
December 1, 1990, maturing in the years 2000 through 2009. The bonds of this
series are issued in anticipation of, and the principal of and interest on the
bonds are payable from, moneys to be received by the County from the City of
Lathrup Village (the "Municipality") in payment of its obligations under a
certain contract dated as of January 1, 1990, between the Municipality and the
County. The full faith and credit of the Municipality have been pledged for the
making of such payments. As additionally security for the payment of the
principal of and interest on the bonds of this series the full faith and credit
of the County have been pledged. Taxes imposed by the Municipality are not
subject to limitation as to rate or amount. Taxes imposed by the County are
subject to constitutional tax rate limitations.
Commissioners Minutes Continued. October 29, 1998
466
This bond is transferable, as provided in the Resolution, only upon the
books of the County kept for that purpose by the bond registrar and paying agent,
upon the surrender of this bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly executed by the
registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in
the same aggregate principal amount and of the same interest rate and maturity,
shall be authenticated and delivered to the transferee in exchange therefor as
provided in the Resolution, and upon payment of the charges, if any, therein
provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal
amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or
exchange bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to __________, ____, are not subject to redemption
prior to maturity. Bonds maturing on and after __________, ____, are subject to
redemption prior to maturity at the option of the County, in such order as shall
be determined by the County, on any one or more interest payment dates on and
after __________, ____. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof. If
less than all of the bonds maturing in any year are to be redeemed, the bonds or
portions of bonds to be redeemed shall be selected by lot. The redemption price
shall be the par value of the bond or portion of the bond called to be redeemed
plus interest to the date fixed for redemption and a premium as follows:
% of the par value if called for redemption on or after
__________ 1, ____, but prior to __________ 1, ____;
% of the par value if called for redemption on or after
__________ 1, ____, but prior to __________ 1, ____;
% of the par value if called for redemption on or after
__________ 1, ____, but prior to __________ 1, ____.
Not less than thirty days' notice of redemption shall be given to the
registered owners of bonds called to be redeemed by mail to each registered owner
at the registered address. Bonds or portions of bonds called for redemption
shall not bear interest on and after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and
things required to exist, happen and be performed precedent to and in the
issuance of the bonds of this series, existed, have happened and have been
performed in due time, form and manner as required by law, and that the total
indebtedness of the County, including the series of bonds of which this bond is
one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board
of Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairman of the Board of Commissioners and the County Clerk and
its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon.
This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and
paying agent.
COUNTY OF OAKLAND
By:
Chairman, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto ____________________________________________________________________ (please
print or type name, address and taxpayer identification number of transferee) the
within bond and all rights thereunder and hereby irrevocably constitutes and
appoints__________________________________________________________ attorney to
Commissioners Minutes Continued. October 29, 1998
467
transfer the within bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:____________________
__________________________________________
Signature Guaranteed:
__________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature guarantee
program.
[END OF BOND FORM]
9. SECURITY. The Refunding Bonds shall be issued in anticipation of the
payments to be made by the Municipality pursuant to the Contract. As additional
security the full faith and credit of the County of Oakland are hereby pledged
for the prompt payment of the principal of and interest on the Refunding Bonds as
the same shall become due. If the Municipality shall fail to make payments to
the County that are sufficient to pay the principal of and interest on the
Refunding Bonds as the same shall become due, then an amount sufficient to pay
the deficiency shall be advanced from the general fund of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by
the United States, or a combination thereof, the principal of and interest on
which, without reinvestment, come due at times and in amounts sufficient to pay,
at maturity or irrevocable call for earlier optional redemption, the principal
of, premium if any, and interest on the Refunding Bonds or any portion of the
Refunding Bonds, shall have been deposited in trust, this Bond Resolution shall
be defeased with respect to such Refunding Bonds and the owners of the Refunding
Bonds shall have no further rights under this Bond Resolution except to receive
payment of the principal of, premium if any, and interest on the Refunding Bonds
from the cash or securities deposited in trust and the interest and gains thereon
and to transfer and exchange Refunding Bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There has been established for the
Prior Bonds a Principal and Interest Fund which shall be kept in a separate bank
account. From the proceeds of the sale of the Refunding Bonds there shall be set
aside in the Principal and Interest Fund any premium and accrued interest
received from the Purchaser of the Refunding Bonds at the time of delivery of the
same. All payments received from the Municipality pursuant to the Contract are
pledged for the payment of the principal of and interest on the Prior Bonds that
are not refunded and the Refunding Bonds and expenses incidental thereto and as
received shall be placed in the Principal and Interest Fund. The County Agency
shall transfer moneys in the Principal and Interest Fund to the bond registrar
and paying agent for the Prior Bonds that are not refunded and the bond registrar
and payment agent for the Refunding Bonds as necessary for the payments of the
principal of and interest on such Prior Bonds and the Refunding Bonds.
12. PAYMENT OF ISSUANCE EXPENSES - ESCROW FUND. The remainder of the
proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the
Refunding Bonds and to establish an escrow fund for the Prior Bonds maturing in
the years 2000 through 2009. After the issuance expenses have been paid or
provided for the remaining proceeds shall be used to establish an escrow fund
(the "Escrow Fund") consisting of cash and investments in direct obligations of,
or obligations the principal of and interest on which are unconditionally
guaranteed by, the United States of America or other obligations the principal of
and interest on which are fully secured by the foregoing and used to pay the
principal of, interest on and redemption premiums on the Prior Bonds maturing in
the years 2000 through 2009. The Escrow Fund shall be held by a trustee (the
"Trustee") in trust pursuant to an escrow agreement (the "Escrow Agreement")
which irrevocably shall direct the Trustee to take all necessary steps to pay the
interest on the Prior Bonds maturing in the years 2000 through 2009 when due and
to call such Prior Bonds for redemption at such time as shall be determined in
the Escrow Agreement. The County Treasurer shall select the Trustee and enter
into the Escrow Agreement with the Trustee on behalf of the County. The amounts
held in the Escrow Fund shall be such that the cash and the investments and the
income received thereon will be sufficient without reinvestment to pay the
principal of, interest on and redemption premiums on the Prior Bonds maturing in
Commissioners Minutes Continued. October 29, 1998
468
the years 2000 through 2009 when due at maturity or call for redemption as
required by the Escrow Agreement.
13. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Refunding Bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan and the County Agency or the
County Treasurer shall make application to the Department of Treasury for
permission to issue and sell the Refunding Bonds as provided by the terms of
this resolution.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County
Agency shall determine the principal amount of the Refunding Bonds to be sold and
shall determine the other bond details as described in Section 2 hereof and the
terms and conditions for prior redemption as described in Section 4 hereof. The
County Agency shall prescribe the form of Notice of Sale for the Refunding Bonds
and shall publish the notice in accordance with law in a publication to be
selected by the County Agency. The County Agency and the County Treasurer and
other County officials are authorized to do all things necessary to effectuate
the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in
accordance with the provisions of this resolution.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof
of ownership of an unmatured Refunding Bond, of satisfactory evidence that the
Refunding Bond has been lost, apparently destroyed or wrongfully taken and of
security or indemnity which complies with applicable law and is satisfactory to
the Treasurer, the Treasurer may authorize the bond registrar and paying agent to
deliver a new executed Refunding Bond to replace the bond lost, apparently
destroyed or wrongfully taken in compliance with applicable law. In the event an
outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully
taken, the Treasurer may authorize the Refunding Bond registrar and paying agent
to pay the Refunding Bond without presentation upon the receipt of the same
documentation required for the delivery of a replacement Refunding Bond. The
bond registrar and paying agent for each new Refunding Bond delivered or paid
without presentation as provided above shall require the payment of expenses,
including counsel fees, that may be incurred by the bond registrar and paying
agent and the County in the premises. Any Refunding Bond delivered pursuant the
provisions of this Section 15 in lieu of any Refunding Bond lost, apparently
destroyed or wrongfully taken shall be of the same form and tenor and be secured
in the same manner as the Refunding Bond in substitution for which such Refunding
Bond was delivered.
16. TAX COVENANT. The County covenants to comply with all requirements
of the Internal Revenue Code of 1986, as amended, necessary to assure that the
interest on the Refunding Bonds will be and will remain excludable from gross
income for Federal income tax purposes. The County Agency is authorized to do
all things necessary to assure that the interest on the Refunding Bonds will be
and will remain excludable from gross income for Federal income tax purposes.
17. OFFICIAL STATEMENT. The County shall cause the preparation of an
official statement for the Refunding Bonds for the purpose of enabling compliance
with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule") and shall do all other things necessary to enable compliance with
the Rule. After the award of the Refunding Bonds, the County will provide copies
of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a
timely basis and in reasonable quantity as requested by the successful bidder or
bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the
Rule and the rules of the Municipal Securities Rulemaking Board.
18. CONTINUING DISCLOSURE. The County Treasurer is hereby authorized to
execute and deliver in the name and on behalf of the County (i) a certificate of
the County to comply with the requirements for a continuing disclosure
undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of
such certificate (the certificate and any amendments thereto are collectively
referred to herein as the "Continuing Disclosure Certificate"). The County
hereby covenants and agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. The remedies for any
Commissioners Minutes Continued. October 29, 1998
469
failure of the County to comply with and carry out the provisions of the
Continuing Disclosure Certificate shall be as set forth therein.
19. CONFLICTING RESOLUTIONS. 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
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #98267)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY REFUNDING
BONDS (EVERGREEN-FARMINGTON SYSTEM - LATHRUP VILLAGE EXTENSION NO. 1)
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. Resolution #90153, on June 28, 1990, pledged full faith and credit
for Act 342 Water and Sewer bonds which were issued on
December 1, 1990, in the amount of $6,075,000 for the construction
of the City of Lathrup Village Pollution Control Facilities.
2. This resolution authorized the refunding of an amount not to exceed
$5,200,000. The City of Lathrup Village is the primary obligor.
3. Debt service on the current bonds is $7,492,550; estimated debt
service on refunding bonds is $6,505,858.54 with $538,300 being non-
refunded for a net savings of $448,391.46.
4. The statutory limit for County debt is $4,305,683,429 (10% of 1998
State Equalized Value). As of 9/30/98, the outstanding debt is
$288,688,125 or less than 1% of the S.E.V.
5. Amendments to the Fiscal Year 1999 and Fiscal Year 2000 Budget are
not required.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing fiscal report.
FINANCE COMMITTEE
Moved by Palmer supported by Gregory the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Gregory, Hoffman, Huntoon, Jacobs, Johnson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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,
Commissioners Minutes Continued. October 29, 1998
470
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
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.
FISCAL NOTE (Misc. #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:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The resolution authorizes the Drain Commissioner to assess, levy and
collect $39,998.75 against all benefitting properties and government
entities comprising the assessment rolls for the purpose of
operating, maintaining, cleaning and repairing 8 Chapter 18 drains
located within Oakland County.
2. The County=s share of the assessments for road drainage benefit is a
one time charge of $5,823.79. Funding is available in the Non-
Departmental Account for Road Commissioner - Drain Assessments. No
additional appropriation is required.
FINANCE COMMITTEE
Moved by Palmer supported by Law the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Gregory, Hoffman, Huntoon, Jacobs, Johnson, Kaczmar. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98268
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION APPROVING PROJECT AREA AND
PROJECT DISTRICT AREA (ACME MANUFACTURING COMPANY PROJECT) - CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to
alleviate and prevent conditions of unemployment, to assist and retain local
industrial and commercial enterprises in order to strengthen and revitalize the
County's economy and to encourage the location and expansion of such enterprises
to provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the
Michigan Public Acts of 1974, as amended (the "Act") provides a means for the
encouragement of such projects in this County through the County's Economic
Development Corporation (the "EDC"); and
Commissioners Minutes Continued. October 29, 1998
471
WHEREAS the EDC has commenced proceedings under the Act for the benefit of
such a project (Acme Manufacturing Company Project) and has designated to this
Board of Commissioners a revised Project Area and Project District Area for
its approval.
NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the EDC
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 EDC.
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 Kingzett the resolution be adopted.
AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Huntoon, Jacobs, Johnson, Kaczmar, Kingzett. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98269
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEVELOPMENT AND PLANNING DIVISION - RESOLUTION CONFIRMING APPOINTMENT OF
ADDITIONAL ECONOMIC DEVELOPMENT CORPORATION DIRECTORS (ACME MANUFACTURING COMPANY
PROJECT) - CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the
Board of Directors of the Economic Development Corporation of the County
of Oakland designating a Project Area and Project District Area for a project
(Acme Manufacturing Company Project) under the Economic Development Corporations
Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive
of the County of Oakland of two additional directors to the Board of said
Economic Development Corporation in connection with said Project, in accordance
with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the appointments of Mayor James McDonald
and City Manager William Ross, who are representative of neighborhood residents
and business interests likely to be affected by said Project, to the Board of
Directors of the Economic Development Corporation of the County of Oakland are
hereby confirmed in accordance with Section 4(2) of the Act, and such additional
Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict
with this resolution are hereby repealed, but only to the extent of
such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide
four certified copies of this resolution to the Assistant Secretary of the Board
of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. October 29, 1998
472
Copy of attachment on file in the County Clerk=s office.
Moved by Palmer supported by Kingzett the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Hoffman, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98270
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: CHILD CARE FACILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in December of 1997 the Board of Commissioners approved
authorization for funding for a consultant to assist with the development of
options and recommendations for the development of child care; and
WHEREAS a Child Care Task Force was established to review and evaluate the
need for child care facilities for Oakland County employees; and
WHEREAS the Child Care Task Force, consisting of eighteen members and two
staff support from elected official areas and County departments have been
meeting monthly since the spring of 1998 to develop the vision/mission statement,
review plans and site proposals, participate in the development and evaluation of
RFPs, and make site visits to other child care facilities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Administration to proceed with contract discussions for the
provision of child care services and to report back to the Planning and Building
Committee by December 1, 1998, with the progress of the negotiations and related
issues. The report shall include information on:
- the establishment of a per week rate for child care;
- the securing of signed intents of interest in on-site child care,
which identifies specific rates willing to be paid, from
Oakland County employees with children eligible to be cared for in
such a facility; and
- researching and reporting other options to rehabilitating the Health
Care Annex and other potential options to an on-site child care
facility, including input from Oakland Schools.
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 Devine the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Amos,
Coleman, Devine, Dingeldey, Douglas, Gregory, Hoffman, Huntoon, Jacobs, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (21)
NAYS: Wolf, Garfield, Jensen. (3)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98271
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - PARTNERSHIP AGREEMENT WITH
THE CITY OF SOUTHFIELD FOR SANITARIAN SERVICES - CREATION OF A SENIOR PUBLIC
HEALTH SANITARIAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Southfield seeks to partner with the Oakland County
Health Division for contractual sanitarian services; and
WHEREAS the creation of a Senior Public Health Sanitarian position is
requested to assist the City of Southfield in developing an Inspection and
Certification Program which will enable the city to enforce its new Sewer
Ordinance; and
Commissioners Minutes Continued. October 29, 1998
473
WHEREAS this position will facilitate educational forums related to the
benefits of the city's sewer connection program and in addition, will direct the
maintenance and/or repairs of on-site sanitary systems; and
WHEREAS the City of Southfield will enter into a contractual agreement to
reimburse Oakland County for 100% of the costs associated with the Senior Public
Health Sanitarian position; and
WHEREAS the contract has been submitted through the County Executive
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the creation of one (1) Special Revenue Senior Public Health Sanitarian
at the five year step in Health Division/Environmental Health Services.
BE IT FURTHER RESOLVED that the continuation of this position is contingent
upon continued reimbursement from the City of Southfield at a level sufficient to
maintain the program and personnel.
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 Personnel Committee and the
Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98272
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: EMS - ACQUISITION OF E-911 CALL TAKING EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS public safety officials throughout the County have expressed a need
to review the existing E-911 and related communication network to identify the
status of the equipment located at the various public service answering points
(PSAPs), to examine the strengths and weaknesses of the current system, and to
recommend where needed; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #97071
dated April 10, 1997, authorized the establishment of the E-911 Communications
Task Force to study public service agency communication needs and make
appropriate recommendations for improvement; and
WHEREAS upon recommendation of the E-911 Communications Task Force, the
Board of Commissioners, by Miscellaneous Resolution #97256 dated
November 20, 1997, authorized the engagement of Plante and Moran, LLP to perform
such study because of their prior experience in assisting the County in
determining the needs relating to replacement of the County=s Court and Law
Enforcement Management Information System (CLEMIS) and in the replacement of the
County=s mobile data terminals and related infrastructure; and
WHEREAS the study by Plante and Moran, LLP conducted between December 1997
and March 1998, including contact with all 32 PSAPs in the County, various
telephone companies and other parties in interest in this study, resulted in a
report presented at the April 17, 1998 meeting of the E-911 Communications Task
Force; and
WHEREAS the Plante and Moran, LLP report recommended, and the E-911
Communications Task Force concurred, that the E-911 call-taking equipment at 27
of the PSAPs was antiquated and in need of replacement; and
WHEREAS an E-911 Customer Premise Equipment (CPE) Selection Subcommittee
was thereupon formed, including PSAP coordinators, and County CLEMIS, financial,
and telecommunications technical personnel, with direction to draft a Request for
Proposal for E-911 CPE that would meet the present and foreseeable future needs
of all County PSAPS, including the additional data fields mandated by FCC Docket
94-102 for receiving wireless emergency calls, and with further direction to
conduct a competitive bidding process in conjunction with the County Purchasing
Division for the purpose of recommending a vendor to provide above equipment; and
WHEREAS the E-911 CPE Selection Subcommittee has solicited proposals
through an open, competitive bidding process, and has received, reviewed and
researched four proposals, and has conducted presentations from prospective
vendors in order to solicit input from all 32 County PSAPs, and further
recommends the selection of Ameritech Positron as the equipment option best
suited to meet the County=s needs; and
Commissioners Minutes Continued. October 29, 1998
474
WHEREAS the funding for the estimated $2.7 million acquisition cost is to
be borrowed from the Delinquent Tax Revolving Fund (DTRF) with repayment by the
Information Technology - CLEMIS Fund over a five-year time frame; and
WHEREAS the County Executive recommends adoption of this resolution.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the
acquisition of the E-911 CPE call-taking equipment from the recommended vendor,
Ameritech, in an amount not to exceed $2.7 million, the final amount to be
determined through on-site PSAP needs assessment conducted by CLEMIS personnel.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized to execute the attached Borrowing Agreement, in the amount of
$2.7 million, with the County Treasurer as agent of the Delinquent Tax
Revolving Fund.
BE IT FURTHER RESOLVED that County Corporation Counsel be authorized to
negotiate a contract with the recommended vendor, Ameritech, with particular
attention to seeking to ensure full technical support to the proposed system for
not less than ten years, and technical support to facilitate transition to
digitally based systems.
BE IT FURTHER RESOLVED that consideration be given to affording a credit to
the four communities that previously purchased Customer Premise Equipment (CPE),
Oxford, Troy, Madison Heights, and Southfield, against their respective
acquisition cost of the replacement equipment in an amount, if any, to be
determined by the Board of Commissioners.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Strategic Planning and
Finance Committees. There were no objections.
REPORT (Misc. #98248)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: SHERIFF====S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
ADDISON TOWNSHIP 1996-1998
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on
October 21, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #98248
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
ADDISON TOWNSHIP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Addison Township has contracted with the Oakland County Sheriff's
Department to provide law enforcement services for the Township (Miscellaneous
Resolution #95316); and
WHEREAS paragraph 23 of this contract provided that an amendment to this
contract must be approved by concurrent resolutions of both the Oakland County
Board of Commissioners and the Addison Township Board; and
WHEREAS Addison Township has approved a proposed amendment to the contract
(Schedule A - Sheriff's Deputies Contracted) which would add one (1) Detective
Sergeant and bring the total number of contracted deputies to six (6); and
WHEREAS the Sheriff has agreed to add one (1) Detective Sergeant for
Addison 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 Township of Addison to add one (1) Detective Sergeant.
BE IT FURTHER RESOLVED that one (1) Sergeant position be created in the
Contracted Patrol Unit, Protective Services Division of the Sheriff's Department.
Commissioners Minutes Continued. October 29, 1998
475
BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile and prep
radio) be added to the County fleet.
BE IT FURTHER RESOLVED that this amendment will take effect on
October 24, 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.
FISCAL NOTE (Misc. #98248)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN
ADDISON TOWNSHIP
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 Township of Addison has requested an amendment to their Law
Enforcement Services Contract with the Sheriff, effective
October 31, 1998, by adding one (1) Detective Sergeant to
their contract.
2. This amendment will increase the number of officers contracted to
Addison Township to a total of six (6).
3. The new position will require the creation of one (1) Detective
Sergeant position in the Contracted Patrol Unit, Protective Services
Division of the Sheriff=s Department. It will also be necessary to
purchase one (1) unmarked vehicle with both mobile and prep radios
to support the position.
4. This change will cause an increase in budgeted revenue and
expenditures of $83,526 for Fiscal Year 1999 and $92,815 for
Fiscal Year 2000.
5. A one-time capital cost of $27,558 for the vehicle and associated
equipment will come from non-departmental contingency.
6. The Fiscal Year 1999 and Fiscal Year 2000 Budgets should be amended
per the attached worksheet.
FINANCE COMMITTEE
Copy of Oakland County Sheriff=s Department Contract Amendment for Addison
Township on file in County Clerk=s office.
Moved by Moffitt supported by Obrecht the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Moffitt supported by Obrecht the resolution be adopted.
AYES: Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #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:
Commissioners Minutes Continued. October 29, 1998
476
The Strategic Planning Committee, having reviewed the above-referenced
resolution on October 21, 1998, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Strategic Planning Committee, I move
acceptance of the foregoing report.
STRATEGIC PLANNING COMMITTEE
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.
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
FISCAL NOTE (Misc. #98241)
Commissioners Minutes Continued. October 29, 1998
477
BY: Finance Committee, Sue Ann Douglas, 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:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. 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.
2. 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.
3. 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.
4. Estimated revenue to be derived from this new service is
approximately $200,000 annually with $170,000 reimbursed for the
cost of enhancements through the Oakland County Information
Technology Fund and $30,000 earmarked to cover the cost of local
units provision of data.
5. That the Fiscal Year 1999 and Fiscal Year 2000 Budgets be amended as
follows:
Dept./OCA/PCA/OBJECT 1999 2000
18 636171-25000-0979 MAAP FEES $170,000 $170,000
18 636113-10000-8005 Est. Profit/(Loss) $170,000 $170,000
$ -0- $ -0-
6. This funding will be directed towards the Designated Fund Balance
for Operational Improvements.
FINANCE COMMITTEE
Moved by Johnson supported by Kaczmar the Strategic Planning Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Johnson supported by Kaczmar the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Schmid, Taub, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Gregory, Hoffman, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #98273
BY: Strategic Planning Committee, Ruth Johnson, Vice Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - 1998 BUDGET AMENDMENTS FOR
APPROVED OFFICE AUTOMATION PROJECTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #94009 (Department of Information
Technology - Approval of Inventory Pool for Automation Equipment) specifies that,
on a quarterly basis, budget amendments will be presented in resolution form
summarizing the impact on Information Technology and user departments' budgets
for office automation.
Commissioners Minutes Continued. October 29, 1998
478
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves amendments to the Fiscal Year 1998, Fiscal Year 1999 Biennial Budget as
detailed in the attached Information Technology Office Automation Schedule for
projects approved in the fourth quarter of 1998.
Chairperson, on behalf of the Strategic Planning Committee, I move
theadoption of the foregoing resolution.
STRATEGIC PLANNING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #98274
BY: Commissioner Charles Palmer, District #16; Lawrence Obrecht, District #3;
Dan Devine, Jr., District #14; Jeff Kingzett, District #7
IN RE: GAMING CASINOS IN OAKLAND COUNTY MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County, with its more than $35 billion SEV, has been
described as engine which runs the economy of the State of Michigan , and
Oakland County has exceeded National and State measurements in virtually every
category of business and community growth and vitality; and
WHEREAS while Oakland County=s population is expected to grow over 18%
between 1998 and 2020, and it is estimated that $2.5 billion in new construction
will occur in 1997 and, 30% of all new incorporations in the State of Michigan
occur in Oakland County; the quality of life in Oakland County is still very
representative of traditional Midwestern values, which all combine to provide
Oakland County=s citizens with a standard of living which is amongst the best in
the world; and
WHEREAS currently Windsor, Canada has two casinos and the City of Detroit
is engaged in developing three new casinos, all which will be less than 50 miles
of Oakland County; and there are a total of 21 casinos already approved or in
existence in Michigan, with efforts continuing to establish other casinos; and
WHEREAS a common motivation of pursing the establishment of casinos has
been a demonstrated need for jobs and economic development within the
municipality, a circumstance which does not correspond with Oakland County=s
prosperous economy and booming economic outlook.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
requests the support of the Governor and the State Legislature in disallowing the
establishment of gaming casino within Oakland County.
BE IT FURTHER RESOLVED that certified copies of this resolution be sent to
the Governor, all Michigan U.S. Congressmen, all Oakland County State
legislators, the Michigan Association of Counties, Michigan Municipal League,
Michigan Township Association, the Bureau of Indian Affairs, the Secretary of the
Interior, Oakland County=s Legislative lobbyists, and all Oakland County local
units of government.
Chairperson, we move the adoption of the foregoing resolution.
Charles Palmer, Lawrence Obrecht,
Dan Devine, Jr., Jeff Kingzett,
John Garfield
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98275
BY: Commissioners Charles Palmer, District #16; Jeff Kingzett, District #7;
Dan Devine, Jr., District #14
IN RE: PROHIBITING OAKLAND COUNTY LOBBYISTS FROM PROMOTING GAMING IN
OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 25 of the General Appropriations Act establishes certain
policies for the appropriation of County monies; and
WHEREAS County funds should not be expended to benefit vendors who promote
activities which would diminish the quality of life for Oakland County
residents; and
Commissioners Minutes Continued. October 29, 1998
479
WHEREAS the Oakland County Board of Commissioners in Miscellaneous
Resolution #97141 opposed casino gaming in Auburn Hills; and
WHEREAS there are several casinos being developed or already existing,
within 50 miles of Oakland County; and
WHEREAS Oakland County has a prosperous economy and low unemployment and
does not need to compete with gaming projects occurring in neighboring
Counties; and
WHEREAS several lobbying firms represent Oakland County=s interest in State
and Federal matters; and
WHEREAS these lobbying firms represent the interest of several other
clients; and
WHEREAS these lobbying firms should not promote gaming in Oakland County.
NOW THEREFORE BE IT RESOLVED that any future contracts entered into with
lobbying firms shall include a provision prohibiting the firm from promoting
gaming in Oakland County.
Chairperson, we move adoption of the foregoing resolution.
Charles Palmer, Jeff Kingzett,
Dan Devine, Jr., Sue Ann Douglas,
John Garfield, Lawrence Obrecht,
Donna Huntoon, Donald Jensen
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98276
BY: Commissioners Charles Palmer, District #16; Jeff Kingzett, District #7;
Dan Devine, Jr., District #14
IN RE: AMENDMENTS TO SECTION 25 OF THE GENERAL APPROPRIATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 25 of the General Appropriations Act establishes certain
policies for the appropriation of County monies; and
WHEREAS County funds should not be expended to benefit vendors who promote
activities which would diminish the quality of life for Oakland County
residents; and
WHEREAS the Oakland County Board of Commissioners in Miscellaneous
Resolution #97141 opposed casino gaming in Auburn Hills; and
WHEREAS there are several casinos being developed or already existing,
within 50 miles of Oakland County; and
WHEREAS Oakland County has a prosperous economy and low unemployment and
does not need to compete with gaming projects occurring in neighboring
counties; and
WHEREAS several lobbying firms represent Oakland County=s interest in State
and Federal matters; and
WHEREAS these lobbying firms represent the interest of several other
clients; and
WHEREAS these lobbying firms should not promote gaming in Oakland County.
NOW THEREFORE BE IT RESOLVED that Section 25 of the General Appropriations
Act be amended to add the following statement as items (4):
(4) apply any monies for payment of professional services to a firm which
promotes gambling in Oakland County.
Chairperson, we move adoption of the foregoing resolution.
Charles Palmer, Jeff Kingzett,
Dan Devine, Jr., Robert Hoffman,
Sue Ann Douglas, John Garfield,
Lawrence Obrecht, Donna Huntoon,
Donald Jensen
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #98277
BY: Commissioner Frank Millard, District #4
IN RE: GENERAL APPROPRIATIONS ACT AMENDMENT, SECTION 21(g) - ENVIRONMENTAL
INFRASTRUCTURE FUND
Commissioners Minutes Continued. October 29, 1998
480
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in response to Oakland County=s tremendous growth in industrial,
commercial and residential development during the past ten years, the County
Board of Commissioners has established a 5-year/$5 million fund to assist cities,
villages and townships (CVTs) in their local environmental and infrastructure
needs; and
WHEREAS this phenomenal growth in population and employment has placed a
strain on existing infrastructure and created a need for improvement to
infrastructure; and
WHEREAS the allocation to each CVT of the annual appropriation has been
established through the annual General Appropriations Act, passed by the Board of
Commissioners, from funds within Delinquent Tax Revolving Fund; and
WHEREAS the title of this fund, Environmental Infrastructure Fund , has
caused confusion among the CVTs as to the Board of Commissioners= intended
project criteria for eligible reimbursement through this fund.
NOW THEREFORE BE IT RESOLVED that the General Appropriations Act is hereby
amended in Section 21.(g) to amend the title of the Environmental Infrastructure
Fund to the Environment and Infrastructure Fund .
Chairperson, I move the adoption of the foregoing resolution.
Frank Millard, Dan Devine, Jr.,
Thomas A. Law, David L. Moffitt,
Nancy Dingeldey, Ruth A. Johnson
The Chairperson referred the resolution to the General Government and
Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98278
BY: Commissioner Robert Hoffman, District #10
IN RE: ON-SITE CHILD CARE FACILITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in December of 1997, by Miscellaneous Resolution #97275, the Board
of Commissioners approved authorization for funding for a consultant to assist
with the development of options and proposals for the development of on-site
child care for presentation to the County Executive and the Board of
Commissioners; and
WHEREAS the company of Americare was chosen as the consultant to assist in
developing an action plan, establishing a child care task force, providing
expertise in site selection and renovation/development, identifying criteria to
develop an appropriate RFP and evaluate proposals, and to present these various
options and proposals to the County Executive and County Commissioners; and
WHEREAS the child care task force, consisting of eighteen members and two
staff support from elected official areas and County departments have been
meeting monthly since the spring of 1998 to develop the vision/mission statement,
review plans and site proposals, participate in the development and evaluation of
RFPs, and make site visits to other child care facilities; and
WHEREAS the results of these efforts have produced a plan for a two-phase
approach to development of the on-site child care facility with Phase 1 involving
the renovation of an existing facility to accommodate 50 children and Phase 2
involving an addition to the facility to accommodate another 50 children; and
WHEREAS the proposed plan is for Oakland County to retain ownership of the
land and child care facility while the contracted child care provider will carry
primary responsibility for the management and operations of the child care
program, including liability, in return for fees to be charged to users of the
facility; and
WHEREAS the child care task force has reviewed proposals received,
recommended a vendor to provide the proposed child care services and is ready to
discuss negotiations toward a possible contract with the Task Force=s recommended
vendor; and
Commissioners Minutes Continued. October 29, 1998
481
WHEREAS such negotiations must include provision for the Day-Care Provider
to rent the daycare facility from Oakland County at market rates.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Personnel Department to proceed with preliminary contract
discussions for the provision of on-site child care services and to report back
to the Personnel Committee within the next 60 days with the progress of the
negotiations and related issues, and that such discussions shall include that the
County is to retain ownership of the land and child care facility while the
contracted child care provider will carry primary responsibility for the
management and operations of the child care program, including liability, in
return for fees to be charged to users of the facility; and that the Day-Care
Provider is to rent the day care facility from Oakland County at market rates.
Chairperson, I move the adoption of the foregoing resolution.
Robert Hoffman, Donald Jensen,
John P. Garfield, Ruel E. McPherson,
Ruth A. Johnson
The Chairperson referred the resolution to the Personnel, Planning and
Building and Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98279
BY: Commissioner Ruth Johnson, District #1
IN RE: PUBLIC HEARINGS REQUIRED TO INCREASE OR ADD NEW FEES IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS higher fees adversely affect economic opportunities for residents
and businesses in Oakland County; and
WHEREAS Oakland County should actively pursue policies to discourage
increases in fees and the addition of new fees; and
WHEREAS the addition of fees and increasing fees should only be done when
the public has an opportunity to voice their opinion.
NOW THEREFORE BE IT RESOLVED that all increases in fees charged by Oakland
County, shall be considered during the budget process or after a Public Hearing,
and shall be enacted only after the affirmative recommendation of the standing
liaison committee, following the passage by the full Board, all increases in
fees, or new fees, which would generate $50,000 per year of new revenue.
Chairperson, I move adoption of the foregoing resolution.
Ruth A. Johnson, Donna R. Huntoon,
Charles Palmer, Shelley Taub,
Donn L. Wolf, Vincent Gregory,
Fran Amos, Dan Devine, Jr.,
Robert Hoffman, John P. McCulloch,
Donald W. Jensen, Eric Coleman
The Chairperson referred the resolution to the General Government and
Finance Committees. There were no objections.
MISCELLANEOUS RESOLUTION #98280
BY: John P. Garfield, District #9
IN RE: AMENDMENT TO OAKLAND COUNTY BUSINESS EXPENSE REIMBURSEMENT REGULATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS travel is often necessary for the conduct of County business, the
promotion of goodwill of the County, and the continuing education of County
staff; and
WHEREAS in general, travel funds are utilized in a prudent and conservative
manner, with the lowest possible expenditure of public funds; and
WHEREAS it has come to light, however, international travel by some elected
officials and their appointees has been of questionable value to the taxpayers of
Oakland County; and
WHEREAS the Oakland County Board of Commissioners consolidated the
reimbursement policy for travel, known as the Business Expense Reimbursement
Regulations, with Miscellaneous Resolution #96275; and
Commissioners Minutes Continued. October 29, 1998
482
WHEREAS the Business Expense Reimbursement Regulations are silent as to
reimbursement for travel outside the 48 contiguous United States; and
WHEREAS it would be in the best interest of the taxpayers to limit the
reimbursement for travel expenditures that carry Oakland County personnel across
the borders of the United States or out of the continental United States.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
hereby amends the Business Expense Reimbursement Regulations to
add Section III(F) as follows:
F. Travel Outside the Continental U.S.
1. Approved business travel outside the continental United States shall be
reimbursable in the same manner and amounts as in Section III (A-E), National and
State Travel, subject to the following limitations:
a. Expenses shall be reimbursable up to the amount that would be
necessary for the traveler to reach the point at which he/she
departs from the continental United States. For example, if a
traveler has an approved final destination of Windsor, Ontario,
Canada, then the traveler shall be reimbursed for travel only to
the nearest point at which the traveler would reasonably leave the
United States, such as the Ambassador Bridge or Windsor Tunnel.
Chairperson, I move the adoption of the foregoing resolution.
John Garfield, District #9
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT COMMITTEE
a. Letter to Martha Wright from Bob Daddow - Transportation Equity Act
for the 21st Century - Grant
b. Township of Rose - Infrastructure Fund
c. Michigan Township Association - Federal Government Usurping Local
Planning and Zoning Authority
d. Michigan Township Association - (Support) HB5284 - Solid Waste
PUBLIC SERVICES COMMITTEE
a. Michigan Department of Treasury - COPS-MORE Grant Denial
b. U.S. Department of Justice - Grant Denial
OTHERS
Pat Dohany
a. Township of Lyon - Public Hearing Notice on Formation of a Downtown
Development Authority
There were no objections to the referrals.
The Board adjourned at 11:05 A.M. to the call of the Chair or
November 19, 1998 at 9:30 A.M.
G. WILLIAM CADDELL JOHN McCULLOCH
Deputy Clerk Chairperson